HomeMy WebLinkAbout03-23-2004 PC MinutesCALL TO ORDER
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 23, 2004, in
the Council Chambers located at 100 Civic Plaza. Commissioner Fasulkey called the meeting to order at
7:00 p.m.
ROLL CALL
Present: Commissioners Fasulkey, Nassar, Jennings, and Machtmes; Jeri Ram, Planning Manager; Kristi
Bascom, Associate Planner; Marnie Waffle, Assistant Planner; and Maria Carrasco, Recording Secretary.
Absent: Cm. King
ADDITIONS OR REVISIONS TO THE AGENDA - None
MINUTES OF PREVIOUS MEETINGS - March 9, 2004 were approved as submitted.
ORAL COMMUNICATION - None
WRITTEN COMMUNICATIONS - None
PUBLIC HEARINGS
8.1
PA 02-048 Greenbriar Homes Communities, Inc. - Tassajara Creek Yarra Yarra Ranch
Development Agreement. An Ordinance approving a Development Agreement between the
City of Dublin and Greenbriar Homes Communities Tassajara Creek. The Development
Agreement is required by the Eastern Dublin Specific Plan.
Cm. Fasulkey opened the public hearing and asked for the staff report.
Jeri Ram, Planning Manager presented the staff report and explained that the proposed Tassajara Creek
Phase III project is part of a larger 5 phase project for the Tassajara Creek - Greenbriar project that has
been approved in phases since March 2000 by the City of Dublin.
The action before the Planning Commission is a recommendation for the approval of the Development
Agreement for Phase III of the Tassajara Creek Project, Phase III between the City of Dublin and GHC
Roxbury, LLC for Greenbriar Homes Communities, Inc. This Phase of the project consists of an
approximate 20.3 -acres site divided into 100 single family detached and 8 attached residential lots on
20.3 acres with eight open space parcels that total approximately 11.5 acres.
The Development Agreement is required by the Eastern Dublin Specific Plan. Items in the Development
Agreement include, but are not limited to, the financing and timing of infrastructure; payment of traffic,
noise and public facilities impact fees; improvement, maintenance and dedication of roads, trails and
open space parcels, and payment of in-lieu fees and modification of inclusionary units as required to
conform to the inclusionary zoning ordinance.
The City Attorney drafted the proposed Development Agreement with input from City Staff, the project
developer, and their respective attorneys. The Development Agreement sets forth the agreements
between the parties in relation to many items, including, but not limited to, infrastructure construction
and phasing, maintenance of trail and landscaping, reimbursement for public service costs. The
Development Agreement becomes effective for a term of five years from the date it is recorded.
Approval of this Development Agreement will implement provisions of the Eastern Dublin Specific Plan
and the Vesting Tentative Map and Site Development Permit for the project. The proposal is consistent
with both the General Plan and the Eastern Dublin Specific Plan.
Staff recommends the Planning Commission open the public hearing, deliberate and adopt the
resolution recommending City Council adopt an ordinance approving a Development Agreement
between the City of Dublin and Greenbriar Homes.
Cm. Fasulkey asked if the applicant was available.
Tim Quinn, Development Manager for Greenbriar stated he has reviewed the development agreement
and they are in agreement with the City. He asked for the Planning Commissions approval.
Cm. Fasulkey asked if anyone else wished to speak on the project; hearing none he closed the public
hearing and asked for a motion.
On motion by Cm. Nassar, seconded by Cm. Jennings by a 4-0-1 vote with Cm. King absent, the
Planning Commission approved
RESOLUTION NO. 04 - 21
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR
PA 02-048 GHC ROXBURY, LLC - TASSAJARA CREEK PHASE III DEVELOPMENT AGREEMENT
8.2
PA 03-073 Dublin Honda Used Cars Temporary 18-month extension to an existing Conditional
Use Permit for an automobile sales establishment in a C-2 (General Commercial) zoning district
located at 6451 Scarlett Court.
Cm. Fasulkey opened the public hearing and asked for the staff report.
Kristi Bascom, Associate Planner, presented the staff report and explained that the Applicant is
requesting an 18-month extension to an existing Conditional Use Permit for an automobile and
recreational vehicle sales and storage establishment at 6451 Scarlett Court. The current temporary
Conditional Use Permit expired on February 17, 2004 and the Applicant would like to extend the use for
an additional eighteen months while they are constructing a permanent facility elsewhere in Dublin.
They will be moving to the new property but want enough time to process the entitlements for the new
facility. She stated that Staff is in support of the project and concluded her presentation.
Cm. Nassar asked this is similar to the automobile storage unit heard at the March 9th Planning
Commission meeting.
Ms. Ram stated it is different in that this project is for an existing sales facility.
Cm. Fasulkey asked if there were any further questions of staff; hearing none he asked if the applicant
was available.
The applicant did not wish to speak.
Cm. Fasulkey asked if anyone else wished to speak on the project; hearing none he closed the public
hearing and asked for comments or a motion.
Cm. Machtmes stated he does not have a problem with extending the use for 18 months to allow them to
build the new facility. During that time it would be expected for the applicant to actually build the new
facility.
Ms. Bascom said that is the intent and the reason behind Staff's support of the extension. The situation
that the applicant is in with the building of their new facility is the reason Staff is supporting this limited
extension. The applicant understands the limitations on which the extension is being supported.
On motion by Cm. Jennings, seconded by Cm. Nassar, by a vote of 4-0-1 with Cm. King absent, the
Planning Commission approved
RESOLUTION NO. 04 - 22
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING AN 18-MONTH EXTENSION TO AN EXISTING CONDITIONAL USE PERMIT FOR
PA 03-073 DUBLIN HONDA USED CARS
AN AUTOMOBILE AND RECREATIONAL VEHICLE SALES AND STORAGE ESTABLISHMENT
IN A C-2 (GENERAL COMMERCIAL) ZONING DISTRICT
AT 6451 SCARLETT COURT
ASSESSOR PARCEL NUMBER 941-0550-012-11
8.3
PA 03-061 Stage 2 Planned Development Zoning, Site Development Review, and Development
Agreement for Dublin Transit Center Site A-2 (EAH, Inc.) for the construction of a ll2-unit
affordable apartment community located on a portion of Dublin Transit Center Site A at the
southwest corner of Dublin Boulevard and DeMarcus Boulevard in Dublin. The project is
proposed to be three stories of residential over one level of parking. Ail units will be affordable
to very low and low-income households.
Cm. Fasulkey opened the public hearing and asked for the staff report.
Marnie Waffle, Assistant Planner presented the Staff Report and explained that the item before the
Planning Commission is the Dublin Transit Center Site A-2 Stage 2 Planned Development Rezoning, Site
Development Review and Development Agreement for a ll2-unit affordable apartment community on a
portion of Transit Center Site A adjacent to the existing Dublin/Pleasanton BART station.
She explained that the Dublin Transit Center site is bound by the Iron Horse Parkway to the East, the
Iron Horse Trail to the West, Dublin Blvd to the North and the Dublin/Pleasanton BART Station and 1-
580 to the South. In December 2002 a General Plan Amendment/Specific Plan Amendment (GPA/SPA),
and Stage I Planned Development (PD) were approved for the Transit Center project area. The GPA
reclassified the land from agricultural to a mixture of High Density Residential, Commercial,
Office, Open Space, and Public/Semi-Public land uses. The Specific Plan Amendment added the project
area to the Eastern Dublin Specific Plan area. The Stage I PD established the permitted, conditional and
accessory uses for the site; site areas and proposed densities; and maximum number of residential units
and non-residential square footages. The Transit Center Project as a whole includes 1,500 residential
units on Sites A, B, and C; 2-million square feet office on Sites D and E; and 70,000 square feet retail
along DeMarcus Blvd. There is open space in the form of a park north of Dublin Blvd., a Village Green
between Sites B and C, and an extension of the Iron Horse Trail along the west side of the project area;
and, Public/Semi-Public land uses including the BART parking garage, surface BART parking, and a
PG&E Substation.
The development of Site A-2 complies with the Stage I Planned Development Zoning for the Dublin
Transit Center as it is compatible with the Dublin Transit Center land use concept to maximize transit
opportunities presented by the adjacent BART Station and will contribute to a vibrant, pedestrian
friendly environment within easy walking distance of mass transit.
The Dublin Transit Center Master Development Agreement between the City and the property owner,
the Alameda County Surplus Property Authority, was approved by the City Council in May of 2003 and
allows for all very low and Iow income units to be located on Site A-2 with moderate income units
constructed on other sites. In accordance with the terms of the Master Development Agreement, the
Applicant is proposing to cluster all very low and low income units on Site A-2. In addition, the
Applicant is proposing to provide deeper affordability of the low-income units by restricting them to
households earning between 50% and 60% of the area median income rather than the Inclusionary
Zoning requirement of between 50% and 80% of the area median income.
Ms. Waffle stated that for the record a letter has been submitted and is attached to the Staff Report from
Dublin resident and affordable housing advocate, Bruce Fiedler, in support of the project. She stated
that representatives from EAH and Alameda County Surplus Property Authority are available for a
short presentation and concluded her presentation.
Cm. Fasulkey asked if the Applicant was available.
Pat Cashman, Alameda County Surplus Property Authority stated he is here to build a bridge from the
last time he was before the Commission with the Master Development Agreement for the Transit Center.
The Planning Commission approved the Master Development reluctantly because of the quality of
housing that might result from clustered affordable housing. The Development Agreement approval
permits a project of 100% affordable units. When the Master Development Agreement was approved,
the Planning Commission gave strict instructions that any affordable housing projects proposed be of a
high design quality. He stated that he is very pleased to bring EAH and the project they have
developed. He stated it is high quality affordable housing and hopes it meets the Planning
Commission's standards.
Cm. Fasulkey asked if there were any further questions for Mr. Cashman; hearing none he called Mr. A1
Bonnett, who had filled out a speaker form, to make his presentation.
A1 Bonnett, representing EAH, stated he planned to show pictures of the kind of development done by
EAH. Their core values are people, integrity, teamwork, quality and commitment. He stated he would
like to focus on their quality. EAH developments are built to last and developed very carefully. It is
important to enable their residents to live without stigma. They develop and manage each property with
a standard that will be a source of pride to the residents and to treat their residents with respect and
dignity. He concluded his presentation.
Cm. Jennings asked a question about parking.
Mr. Bormett referred the question to Jay Wu, KTGY Architects.
Jay Wu stated he has been working on project since the conceptual design.
Cm. Jennings asked for clarification on the tandem parking and other units that may need 2 parking
spaces.
Mr. Wu explained that the tandem parking is assigned to the 35 three-bedroom units. If a resident in a
three-bedroom unit does not need two parking stalls it can be switched out to a resident in a 2-bedroom
unit that has 2 cars. There is some flexibility to the tandem parking spaces.
Cm. Jennings asked what are landscape bulb outs.
Mr. Wu explained there are bulb outs that are specifically designed for tree wells.
Cm. Jennings asked for additional information or clarification on whether the project is three stories or
four stories.
Mr. Wu said the majority of the building is sitting above the one level-parking garage. From the ground
it is four-stories, which includes the garage.
Cm. Jennings stated there were several suggestions made in the parking study and whether they will be
taken into account.
Ms. Waffle responded yes.
Cm. Fasulkey asked if telecommunications wiring would be considered throughout the units and access
to high-speed internet connection. He explained that there is an easy standard that could apply to this
project. The Telecommunications Industry Association has a common standard for apartments. He
asked the Applicant if they are willing to include this as a condition.
Mr. Bonnett said telecommunications is very important to them. He stated they were the first
organization that developed computer-learning centers for low-income housing. It is built in all the
buildings and is a common standard for all their units.
Bruce Fiedler, Dublin resident, came forward next and stated he is a competitor and provider of low cost
and high quality housing in Pleasanton. He is a resident of Dublin and has been an advocate and
community member that worked on the Inclusionary Ordinance for Dublin. He is happy to support this
program because of the reputation for quality of design and construction EAH has and their style of
management. He thanked the Planning Commission.
Cm. Fasulkey asked if anyone else wished to speak on the project; hearing none he closed the public
hearing.
Cm. Machtmes asked if the sidewalks to BART from the project were doublewide. He asked if the City
has control over requiring that for future projects.
Ms. Waffle answered yes to both questions.
Ms. Ram stated that is part of the Transit Center Master Plan.
Cm. Fasulkey asked if there would be noise mitigations imposed after construction and where are those
mitigations located.
Ms. Waffle said they are in the Conditions of Approval for the Site Development Review before building
permit issuance.
Cm. Fasulkey asked how would the noise requirements be met after building permit issuance.
Ms. Ram said Staff will take a look at the design and that it meets all the noise requirements under the
City's code. The developer is required to meet those requirements before building permit process.
Cm. Nassar asked if Site F is open space.
Ms. Waffle said the plan is for a park.
Cm. Fasulkey stated he would like to add a condition on the telecommunications issue raised earlier.
Ms. Ram suggested that the Planning Commission add a new condition pertaining to
telecommunications. She asked Cm. Fasulkey if he had something particular in mind.
Cm. Fasulkey explained that there is an "EIA TIA, 568 B Standard" which states to put a data outlet in
the bedroom and living room of every unit. He does not want it to be an after market situation.
Ms. Ram read for the record the new condition: Applicant shall comply with the EIA TIA 568 B Standard
Data Outlet standards.
Cm. Nassar asked if this would be a Citywide standard.
Cm. Fasulkey stated it should be a standard for all new development.
Cm. Machtmes asked if the high-density housing approved so far could call up SBC or Yahoo and order
high speed internet.
Cm. Fasulkey stated in some cases they can and in some cases they cannot. It depends on what the DSL
service is offering.
Cm. Fasulkey asked if there were any further questions; hearing none he asked for a motion.
On motion by Cm. Machtmes, seconded by Cm. Nassar with the added Condition of Approval
regarding Telecommunications by a vote of 4-0-1 with Cm. King absent, the Planning Commission
approved
RESOLUTION NO. 04 - 23
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING CITY COUNCIL ADOPTION OF STAGE 2 PLANNED DEVELOPMENT
ZONING FOR PA 03-061 DUBLIN TRANSIT CENTER SITE A-2 (EAH, INC) LOCATED AT THE
SOUTHWEST CORNER OF DUBLIN BOULEVARD AND DEMARCUS BOULEVARD
(APN 986-0001-010 in part)
RESOLUTION NO. 04 - 24
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING SITE DEVELOPMENT REVIEW FOR PA 03-061 DUBLIN TRANSIT CENTER SITE A-
2 (EAH, INC) LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND
DEMARCUS BOULEVARD (APN 986-0001-010 in part)
RESOLUTION NO. 04 - 25
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT A
DEVELOPMENT AGREEMENT FOR
PA 03-061 DUBLIN TRANSIT CENTER SITE A-2 (EAH, INC)
ATTEST:
Planning ,I~lanager
NEW OR UNFINISHED BUSINESS - None
OTHER BUSINESS (Commission/Staff Informational Only Reports)
Ms. Ram reminded the Planning Commissioners of the Planner's Institute coming up.
ADJOURNMENT - The meeting was adjourned at 8:00 pm.
Respectfully submitted,
Planning Commission Chairperson
ATTEST:
Planning Manager