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HomeMy WebLinkAboutPC Minutes 01-16-1996 ` * • ~ Regular Meeting - January 16, 1996 A regular meedng of the City of Dublin Planning Commission was held on Tuesday, January 16, 1996, in the Dublin Civic Center City Council Chambers. The meeting was call~l to order at 7:35 by Commissioner Zika. ROLL CALL Present: Commissioners Zika, Geist, Jennings, Johnson and Lockhart; Laurence L. Tong, Planning Director; Carol Cirelli, Senior Planner; Tasha Huston, Associate Planner; Ra1ph Kachadourian, Assistant Planner and Gaylene Burkett, Recording Secretary. PLEDGE OF ALLEGIANCE TO TI~ FLAG Cm. Zika led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA The minutes of the Januazy 2, 1996, meeting were appraved as submitted. ORAL COMMLTNICATIONS " 6.1 Election of Officers Cm. Zika asked for nominations for the positions of Chairperson and Vice-Chairperson. Cm. Johnson nominated Cm. Jennings as Chairperson, seconded by Cm: Geist, and with a unanimous vote of 5-0, Cm. Jennings was elected as Chairperson. Cm. Johnson nominated Cm. Lockhart as Vice-Chairperson, seconded by Cm. Jennings, and with a unarumous vote of 5-0, Cm. Lockhart was elected as Vice-Chairperson. Cm. Lockhart nominated Mr. Tong as Secretary, seconded by Cm. Johnson and with a unanimous vote of 5- 0, Mr. Tong was elected Secretary. WRITTEN COMMUriICATIONS Mr. Tong indicated there were several project-specific written communications received which will be handled as those items arose. PUBLIC HEARING 8.1 PA 95-030 Dublin Ranch Planned Development Rezone The Applicant was requesting a Planned Development (PD) District Rezone approval for an approximate 210 acre site. The project involves rezoning the site to: PD Single Family Residential (109.8 acres; 570 dwelling Regular Meeting 8 Jaauary 16, 1996 [1-16pcmi] . ' . • units); PD Medium Density Residential(35.7 acres; 277 dwelling units) far a tota1847 dwelling units and 57.5 acres PD Open Space. This rezone request also includes a 5 acre neighborhood park and a 2 acre private r~reational facility. The project is located within the Eastern Dublin Specific Plan area, east of Tassajara Road and approximately 4,000 feet north of the I-580 freeway. Cm. Jennings stated that she had listened to the tapes of the January 2, 1996 Planning Commission Meeting. She asked for the staff report. Carol Cirelli, Senior Planner, presented the staff report. Ms. Cirelli indicated that her staff report addressed only the four items that were requested from the Planning Commission at the last meeting. She gave a brief oufline of the four issues. She stated that there was a change to Condition 24, and specified the change. The following wording would be added to the end of the first sentence -"as such fees may hereajter be modified or amended' : She explained the attachments and what issues they pertain to. Ms. Cirelli stated that Staff recommended that the Planning Commission adopt the draft Resolution, exhibit B, recommending City Council approval of the PD District Rezone for Dublin Ranch, Phase I. Cm. Zika asked how the school district letter played into the project. Elizabeth Silver, City Attomey, answered the question. She stated the uncertainty was which district would serve the area. Tlus issue was not governed by the City or LAFCO. She stated that the application before the Planning Commission was for a land use and development plan and not for a tentative map, therefore, there was time to resolve the school jurisdiction issues and still time to negotiate a mitigation agreement befoxe the tentative map was approved. Mitigadon fees would have to have an agre~ment before the Planning Commission could recommend approval of the tentative map. Cm. Zika asked if those issues were not resolved and there was an application in a year or so for a tentative map, could the Applicant get an agrcement with both districts and fulfill the conditions, but still be in limbo as to which district will serve the area. Ms. Silver stated the Applicant could have an agreement with both districts. However, as it stands now, they must have an agreement with Livermore district. Cm. Zika asked if the buildings were built, and the two school districts were still fighting each other, what provision would guarantce a school in that azea for the kids. Ms. Silver stated the Livermore district would have an obligation to do something, either send kids to Livermore schools, build new schools or do something else. She stated the Specific Plan has words to the effect that adequate school facilities must be available. Cm. Lockhart asked who deternuned what was adequate. Ms. Silver stated the City Council would determine what was adequate. Mr. Tong clarified what was in the Eastern Dublin Specific Plan, and that it listed supporting policies and action programs. Cm. Zika asked with the new garbage collection, would there be no parking on the residents side of the street. Ms. Cirelli stated that would be more appropriate to be raised during the tentative map stage. Cm. Zika asked Chief Diekman how long fire riucks were, and did they have a problem with a 30 foot wide street. Regulac Meeting 9 January 16, 1996 [1-16pcmi] . ' • ~ Chief Diekman stated that trucks range in length from 30 to 35 feet and some were longer and they had a variety. He said that if the developer stated people parked on one side of the street, and there were turn around at the end of the strcet, that was OK. Cm. Zika asked if during the tentative map stage would they ask far conditions. Chief Diekman stated that there were specific condidons they cauld require. Marty Inderbitzeq Applicant, stated he had nothing to add, however he would be available for questions as they arose. Cm. Jennings opened the public hearing. Mr. Robert Thurbon, with the Law Firm of Thurbon and Youngblood, representing the Livermore Valley Joint Unified School District, stated that they had no opposition to the action that was going forward. They did object to any changes or delays in the application of the condition that was adopted at the Prezoning stage. He stated that it takes approaumately S yeazs to develop a school. He suggested that the two districts, City and Applicant should resolve the mitigation issues now. He agreed with the legal analysis that technieally the districts and the City would be protected. He emphasized the need to have a school out there, and at this time it would be in Livermore's School District. Cm. Lockhart asked if he had discussions with Dublin School District. Mr. Thurbon stated Livermore District staff had met with the Dublin School District over the last two years. Cm. Zika asked what advantage Livermore sees in keeping it versus giving the area over to Dublin, where was the nearest Livermore school in relation to the project. Mr. Thurbon stated he did not know, but felt that was not the issue. He stated that the Livermore District l~ad to analyze the impact when it gives up territory, such as assessed valuation issues, cost of servuig sludents, average daily tenant funding and school programs. This bas an impact on the whole education prograam. Cm. Jennings asked how close the nearest Livermore school was. Ms. Kim McNeely, stated the nearest elementary school was 3 1/2 miles, the middle school was 1 mile from the elementary school, and the high school was another mile mare. Livermore provides no regular-education busing. Tom Ford, addressed ttris issue. He gave some information that the Dublin citizens approved a$36,000,000 bond issue knowing we would be increasing to Eastern Dublin. Tlus money could not be used for teacher salaries or education programs. He felt the Dublin School District's financial stability was in a bit of a chaos. He had s~,were doubts that the Distric~ would be able to build school buildings and finance the operation of schools in Eastern Dublin, thus the schools over there must be supplied by the present school district. He stat~ that the mitigation fees will not cover the cost of building a new school in that area, which will force the kids into the current Dublin schools. 7ohn DiManto, Dublin Land Company, supporteci the project because it has reached the point of many years of study, expertise and input. He encouraged the Planning Commission to approve the project, it will be the adrenaline East Dublin needs to make sense of the commercial property he owns. Cm. Jenrungs closed the public hearing and asked the City Attorney if it was important for the Planning Commissioners to know about the legislative act she referred to in her letter. Ms. Silver answered that the decision before the Planning Commission was considered a legislative act. She stated that the courts looked at different land use d~isions that cities must make and divide them in two categories: legislative acts vs. administrative acts. Tonight's ~tion was considered a legislative act and she explained why. Regular Meeting 10 January 16, 1996 [1-16pani] r . • • On motion by Cm. Lockhart , seconded by Cm. Johnson, including the changes and conditions , with a vote of 5-0, the Planning Commission unanimously adopted Resolution Na 96-0OS APPROVIl~iG PA 95-030 RECOMMENDING CITY COUNCIL APPROVAL AND ESTABLISHMENT OF FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE DUBLIN RANCH PHASE I 8.2 PA 95-040 Caffino Inc., SPA/CUP/SDR Specific Plan Amendment, Conditional Use Permit and Site Development Review to allow construction of a 220 square foot drive-up espresso bar/kiosk on the undeveloped portion of property directly in front of the Workbench True Va1ue Hardware store, located at 7360 San Ramon Road. Cm. 7ennings asked for the staff report. Ralph Kachadourian, Assistant Planner/Zoning Investigator, presented the staff report. He stated the item was continued from the December 5, 1995, meeting to a11ow the Applicant to submit a revision to the layout of the project and to address circulation's and parking concerns. He stated the Applicant submitted revised site plan and elevation drawings showing a larger kiosk structure that has an attached restroom and an improved drive-through circulation pattern maintaining the required number of parking spaces. They also praposed a change of operating hours from 6:00 a.m. to 5:00 a.m. He discussed parking and site access issues. He stated the Applicant would need to enter into negotiations to purchase the City owned right-of-way. He showed an overhead picture of that property. He stated there was a modification to condition #4, and outlined the change. He indicate another change to Condition. He stated Staff recommended the Planning Commission adopt the draft Resolution recommending that the City Council approve the Negative I3eclaration, Specifie Plan Amendment, Conditional Use Permit and Site Development Review for PA 95-040. Cm. Jeruungs opened the public hearing Cm. Johnson asked about the northbound customer trying to cross San Ramon Blvd., could a traffic sign be placed near the exit for right turn only. Cm. Lockhart stated there was already a sign there. Cm. 7ohnson asked what else could be done to discourage people from crossing all the lanes of traffic on San Ramon Road. Brenda Gillazdi, Applicant, gave a brief history of the Caffino Company, stating they have 20 stores throughout the Bay Area. She stated the new proposed building was a little larger to include a bathroom on site. She stated they hire locally and do all of the training within the company. She ~mmended Ra1ph for doing a great job and felt this project was long in the making, but hopefully it would fill the needs of the citizens of Dublin. She e~lained the reasons for the changes in the Conditions. Cm. Lockhart asked if other facilities were located close to major thoroughfares. His concern was that cars entering the driveway to Caffino may back up onto San Ramon Road. Regular MceGng 11 danuary 16, 1996 [1-16pc.mi] `~j~ „ ~ ~ t--~.~-~ C r~o a_ -1~1>~~ ` . . ~f~ Y 3(~}_,~ f~~~' ~ ~ '~-i!( c`F' . ~ ~''~~~'y ' "~f~.3,1::1,..~ i"~`-~ ~.1.,,~iGc. ly.-j.?~r--K_~ . ~ ' . (1~, ~ ~ ~ Lh. 'i , ,r ( N'-- ~-Y .~.L.~! /i•-~2. t # l. , l_-~C.s~?L-L- ~~2`Il.,' f J}`~ ~.-~~3^'^•, c,,~'°-..1 f~y, ev ~ On motion by Cm. Lockhart , seconded by Cm. Johnson, including the changes and conditions , with a vote of 5-0, the Planning Commission unanimously adopted Resolution No. 96-0OS APPROVING PA 95-030 RECOMMENDING CITY COUNCIL APPROVAL AND ESTABLISHMENT OF FINDINGS AND GENERAL PROVISIONS FOR A FLANNED DEVELOPMENT (PD) DISTRICT RE7ANE DUBLIN RANCH PHASE I 8.2 PA 95-040 Caffino Inc., SPA/CUP/SDR Specific Plan Amendment, Conditional Use Pernut and Site Development Review to allow construction of a 220 square foot drive-up espresso bar/kiosk on the undeveloped portion of property directly in front of the Workbench True Va1ue Hardware store, located at 7360 San Ramon Road. Cm. 7enrungs asked for the staff report. Ralph Kachadourian, Assistant Planner/Zoning Investigator, presented the staff report. He stated the item was continued from the December 5, 1995, meeting to a11ow the Applicant to submit a revision to the layout of the project and to address circulation's and parking concerns. He stated the Applicant submitted revised site plan and elevation drawings showing a lazger kiosk structure that has an attached xestroom and an improved drive-through circulation pattern maintaining the required number of parking spaces. They also proposed a change of operating hours from 6:00 a.m. to 5:00 a.m. He discussed parking and site access issues. He statal the Applicant would need to enter into negotiations to purchase the City owned right-of-way. He showed an overhead picture of that property. He sta 7 there was a modification to condidon #4 and outlined the change. He indicate another change to Condition. He • stated Staff recommended tl?e Planiung mmission adopt the drai~ Resolution recommending that the City Counc~l ~\2 approve the Negative Declaration, Specifi Plan Amendment, Conclidonal Use Pemut and Site Development Review ~ forPA95-040. ~ Cm. 7enirings opened the public hearing C~P. Cm. Johnson asked about the northbound customer trying to cross San Ramon Blvd., could a traffic sign be placed near the e~ut for right turn only. Cm. Lockhart stated there was already a sign there. Cm. Jolmson asked what else could be done to discourage people from crossing all the lanes of traffic on San Ramon Road. Brenda Gillardi, Applicant, gave a brief lustory of the Caffino Company, stating tt?ey bave 20 stores throughout the Bay Area. She stated the new proposed building was a little larger to include a bathroom on site. She stated they hire locally and do all of the training within the company. She commended Ralph for doing a great job and felt this project was long in the making, but hopefully it would fill the needs of the cidzens of Dublin. She explained the reasons for the changes in the Conditions. Cm. Lockhart asked if other facilides were located close to major thoroughfares. His concern was that cars entering the driveway to Caffino may back up onto San Ramon Road. Regular Meeting 11 January 16,1996 [1-16pcmi] . ~ • Ms. Gillazdi stated all locations were located near major thorougtdares. Typical back up was 3-4 cars, which this site can easily acxommodate, The basis for their business was that if people see a back up, they will not stop. Cm. Lockhart asked how often the walk-up window was used. Ms. Gillardi stated very little, maybe 1-Z%. Cm. I,ockhart stated he heard they were working on getting the access easement, were they not established yet. Ms. Gillardi stated that there was supposed to be an agreement when Mr. Nichandros developed his properly between his property and the Sleep Shop, but that easement dces not show up on the tifle reports. She stated they did not see a problem with that, however, those would have to be established. Cm. Lockhart concurred with Caffino opening before 6:00 a.m., he felt there was a lot of people on the road before 6:00 a.m. Cm. Jennings asked about what other driveways were available. Ms. Gillardi showed slides of the project and where the driveways were. She stated they would have to grade the site in order to make it flat for their customers. She stated they could put up additional signage. Cm. Geist asked what was to keep people from cutting across the driveways and cutting off cars going to the Sleep Shop and Hardware stores. Ms. Gillazdi stated it would be driver awareness. Caffino's busy time would be either when the Sleep Shop was closed or during the Hardware Stores slower periods. There would be no obstrucdons to block the view and there was maneuvering room to make a safe turn. Cm. I,ockhart asked if the average customers was 500 per day. Ms. Gillazdi stated the average was actually more like 350 to 400 per day. It will vary between seasons and stores. Michael Perkins, owner of Sle~p Shop Ltd., felt he had been kept informed up until tonight, and he had one concern. He stated the City had required that he landscape the property in front of this shop that belonged to the City. He had requested from the City to put a monument sign, and it would have required him to purchase a sma11 piece of City property. He said it scemed to him that the property was up for sale to Caffino for them to conduct their business, and it le8 no pmperty for him to negodate for lus sign. He asked for an opportwuty to discuss this further with Caffina He also concurrefl with Cm. Zika to hire an outside surveyor. He felt that a third party with no interest on where the property lines lie would be more accurate. Another surprise was that the project building had gotten larger, and he had requested from Caffino to show him how much space they would use and how it would affect lus business. He basically had no prohlems with the project other than those mentioned and wanted an opportwuty to further research and address the sign. Cm. 7ennings closed the public hearing. Cm. Zika felt Mr. Perkins e~ressed-some legitimate concerns. Mehran Sepheri congratulated Ms. Jennings on her appointment as Chairperson. He indicated that a11 surveyors were independent suiveyors and their work must meet City requirements. Cm. Zika asked who actually shot the lines, or was it just on paper. Who checked to make sure the lines were correct. Regular Meetutg 12 January 16,1996 [1-16pcnrij . . ~ • Mr. Sepheri stated that once a survey was recorded, and 10 years from now it was found to be in error, one could go back and sue if it was not done correctly in the first place. He also stated that Mr. Perkins or the Hardwaze Store could still purchase the right-of-way from the City. Cm. Jennings asked for clarification on thrce issues, surveying of the property, give Mr. Perkins a chance to find out how the larger building size effects lusbusiness and report back to the City and the purehase of City properiy for ingress and egress of Caffino. Mr. Perkins showed on the map the property he wanted to purchase. Ms. Gillardi stated that Caffino nceded the properly to achieve their plan, they would have to put up the money for it, however, the land would have to be dceded to either Mr. Perkins or Mr. Nichandros. She indicated that Caffino did not buy land, they only leased land. She stated that it was part of the negodations and they had not reached that stage yet. Mr. Tong stated that the pmperly purchase should be secondary to the project approval, and the Planning Commission ~uld condition that issue. He stated that Mr. Perkins had not put in an application request for a sign, and that issue shoutd not interfere with ttris project. He said the issue of aqcess and the purchase of City right-of-way could be conditioned. He stated that the property would be opened up for bid, and the issue of whcever bought the properiy should not interfere with this project. Mr. Tong stated Condition 8, page 20 af 46 could be modified to add the phrase so that the condition would read, "The Applicant shall purckac~ or provide the funds for the purehase from tli~ City of Dublin witli the approval by tke City CoKnci~" Ms. Gillardi said that would be acceptable. Mr. Perkins asked if either Mr. Nichandras or hirnself purchased the property, would that negate his chance to place a monument sign. Cm. Zika stated he would have ta go through the process and comply with the Sign Ordinance and then a decision would be made. On modon by Cm. Geist, seconded by Cm. Zika, and with a majarity vote of 4-1, Cm. 3ennings opposing the project, the Planning Commission adopted: Reaolution No. 95-01 RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL 5IGNIFICANCE FOR PA 95-040 CAFFINO ING SPECIFIC PLAN AMENDMENT, CONDITIONAL USE PERMIT AND SITE DEVELOPAZENT REVIEW, LOCATED AT 7360 5AN RAMON ROAD Resolution Na 95-02 RECOMMENDING APPROVAL OF PA 95-040 CAFFINO ING CONDITIONAL USE PERMIT LOCATED AT 7360 SAN RAMON ROAD Resolution Na 95-03 RECOMIVVI~NDING APPROVAL OF FA 95-040 CAFFINO INC. STFE DEVELOPMENT REVICW LOCATED AT 736(1 SAN RAMON ROAD Regular Meeting 13 7anuary 16, 1996 [1-16pcmi] • ' ~ ~ Resolution No. 95-04 RECOMMENDING ADOPTION OF PA 95-040 CAFFINO INC. 5PECIFIC PLAN AMENDMENT Cm. Lockhart stated he had a problem with the plan originally because of the lack of parking in front of the Hardware Shop. He had a concern for garking, not necessary now, but in the future. He felt that if the Hardware Store were to ever sell, and there was a large business that moved into that location, there may be a parking problem with that site. Mr. Tong stated that there was the potential for additional parking in the future. As it was now, there was fewer parking spaces than if this project was approved. At 10:00 p.m., Cm. Jennings declared a 10 minute break. NEW OR UNFII~TISHED BUSINESS 9.1 Eastern Dublin 5cenic Corridor Adoption and Ensstern Dublin 5cenic Carridor Policies and Standards The City has completed a draft Eastern Dublin Scenic Corridor Policies and Standards document. T'his document complies with the Eastern Dublin Specific Plan Action Program 6Q, which requires the City to officially adopt Tassajara Road, I-580 and Fallon Road as designated scenic corridors and adopt a set of scenic corridor policies, and establish review procedures and standards for projects within the scenic corridor view shed. Cm. Jennings asked for the staff report. Ms. Cirelli, presented the staffreport. She gave a general presentation of the project, which will be supplemented with more detailed information from Linda Gates, from Gates and Associates which prepared the Eastem Dublin Scenic Corridor Policies and Standards. She stated that Staff recoinmend that the Planning Commission adopt the draft Resolufiion recommending that the City Council officially adopt Tassajara Road, I-580 and Fallon Road as designated Scenic Carridors and recommending City Counc~l approval of the Eastem Dublin Scenic Corridor Policies and Standards, which include responses to comment modificadons, or the Planning Commission could review the documents and continue the matter to another meeting. Linda Gates, of Gates and Associates, gave a presentation eaplaining the Eastern Dublin Scenic Corridor Policies and Standards. She showed many overhead views. She e~lained their methodology of how they prepared the policies and standards. Cm. 7ennings asked if any one wanted to speak, and 7ohn Dimanto stated he wanted to address some issues on the project, but would wait until the next meeting. He was not comfortable with the standards and policies. Cm. 7ennings continued ttus item to the February 6, 1996 meeting (this date was later changed in the meeting to February 20, 1996.). 9.2 PA 94-028 Schxefer Ranch Study Session The Planning Commission will introduce the project and the Environmental Impact Report (EIR). The project involves a request for residentiai and commercial development including 474 homes and 11 acres of retaiUoffice uses on approlcimately 500 aeres west of the Dublin City limits. Project applications include a General Plan Amendment, PD Rezone, Anne~tion, Subdivision Map, and Development Regular Meeting 14 Jaauary 16, 1996 [1-16pcmi] s • Agreement. The purpose of the meeting will be to discuss and receive comments from the public on the project and the EIR. No action will be taken. Cm. Jennings asked for the staff report. Tasha Huston, Associate Planner, presented the staff report. She briefly outlined and gave background to the project. She indicated that this study session was intended to be an introduction to the project, and there would be future public hearings. Also, we would still be receiving comments from various agencies and the public. She gave the proposed timeline of the project. Dennis Dahlin, EIR consultant, outlined some major issues. Traffic, in Chapter 4; vegetation and wildlife in Chapter 5, and water, waste water, fire and emergency service in Chapter 7. He stated the remainder of the EIR are areas that do not have major EIR issues. Chapter 16 gave a good overview on growth inducement issues. Chapter 17 lists alternatives to the project. Chapter 18 includes cumulative impacts. Harvey Scudder, retired US Public Health Service Officer, felt that the EIR did not discuss a solution to air quality. There was not an agency that could imprave air quality. He asked who would take responsibility for this regional situation. He was ooncerned about our water resource.c. There aze numerous areas that aze not under our control. More lanes on 580, more water, cleaner air, these are not within our sphere of influence. Dennis Dahlin stated the EIR does addresses these issues, and in particulaz air quality and does identify unavoidable impacts. Marjorie LaBar recommended that another public hearing be scheduled within the public review period or extend the review period. She cammended the developers for their openness in this process by talking with many members of the community, and by responding to concems raised by the coxnmunity. She choose not to comment on the EIR with the hope that there would be another public hearing. Jim Parsons, PA Design Resources, felt in light of the late hour (10:50 p.m.), he would prefer to save their presentation far a future public hearing. Cm. Jennings asked for a time frame for this item. Mr. Tong stated that if this item was continued to the February 6 meeting, there would be a schedule conflict. He suggested that they continue the item to the neart regular meeting on Februaty 20, or schedule a special meeting date. Cm. 7ennings asked what would have to be done to extend the public comment period. Ms. Huston indicated that there would have to be a public notice indicating that the public review period had been extended. Cm. 7ennings directe~ staff to check on the legal ramifications and ea~tend the public review period until February 20, 1996. She then directed Staff to continue the Eastern Dublin Scenic Corridar and Schaefer Ranch to the regular meeting of F~ruary 20 and kcep it to those two items only. NEW AND UNFINISHED BUSINESS Mr. Tong stated that on the February 6, 1996, joint study session with the City Council on Inclusionary Housing could they start the meeting at 7:00 rather than 7:30. The consensus of the Cammission was OK to start at 7:00. Cm. Jennings indicated that she would not be able to attend that meeting. Regu(ar Ma~ing 15 January 16, 1996 [1-16pcxni] ` i • Mr. Tong announced that the League of California Cities Planning Institute was scheduled for March 20, 21, 22, in Long Beach. He stated that Staff will contact the Commissioners to see if they would be able to attend. ADJOURNMENT The meeting was adjourned at 11:01 p.m. Respe~iillY submitted, ~liJ~-L~ Planning Commi ' n Chairperson ATTEST: Planning Director Regular Meeting 16 January 16, 1996 [1-16pcmi]