HomeMy WebLinkAbout08-22-2006 PC Minutes
Planning C 0111111issionMinu tes
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 22,
2006 in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to
order at 7:03 p.m.
Present: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey and King; Jeri
Ram, Community Development Director; Mary Jo Wilson, Planning Manager; Erica Fraser,
Senior Planner; Marnie Nuccio, Associate Planner; Kristi Bascom, Senior Planner; and Rhonda
Franklin, Recording Secretary.
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS
The August 8, 2006 minutes were approved with one amendment.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS
8.1 PA 05-015 Dublin Ranch Area F North, Neighborhood F-1 (Tract 7282), Standard
Pacific 'Sonata' Development Agreement - An Ordinance approving a
Development Agreement between the City of Dublin and Standard Pacific
Corporation for Neighborhood F-1 of Dublin Ranch Area F.
Chair Schaub asked for the Staff Report.
Ms. Mamie Nuccio, Associate Planner, presented the specifics of the project as outlined in the
Staff Report.
Vice Chair Wehrenberg asked about the effective date and term of the Development Agreement.
Ms. Mary Jo Wilson, Planning Manager, explained that the Agreement would have a term of 5
years from the approval date. Vice Chair Wehrenberg asked if Subparagraph 5.3.3 of the
Agreement would void the term of the Agreement. Ms. Wilson explained that it is not
anticipated to be the case.
Chair Schaub opened the public hearing.
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Mr. Mike Whitby, Standard Pacific Homes Project Manager, for stated that he was available to
answer any questions the Planning Commission may have.
Hearing no questions, Chair Schaub closed the public hearing.
On a motion by Cm. Biddle, seconded by Cm. King, and by a vote of 5-0-0, the Planning
Commission unanimously adopted:
RESOLUTION NO. 06- 29
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
A DEVELOPMENT AGREEMENT FOR DUBLIN RANCH AREA F NORTH,
NEIGHBORHOOD F-1 FOR STANDARD PACIFIC HOMES 'SONATA' PROJECT
(TRACT MAP 7282, COMMONLY KNOWN AS PARCEL 3 OF TRACT MAP 7281)
P A 05-015
8.2 PA 05-052 Conditional Use Permit for an indoor and exterior Impound Yard,
Vehicle Storage Area and Barbed Wire Fence - Tri-Valley Towing is requesting
Conditional Use Permit approval to legalize an existing impound yard and
vehicle storage area and to construct a barbed wire fence located in the M-1
(Light Industrial) Zoning District.
PA 06-017 Conditional Use Permit for an AutomobilefVehicle Repairs and
Service facility - Low Price Auto Glass is requesting Conditional Use Permit
approval to legalize an existing AutomobilefVehicle Repairs and Service facility
located in the M-1 (Light Industrial) Zoning District.
P A 06-039 Conditional Use Permit for a fence topped with barbed wire (Buisick-
Gearing Properties) - The property owner is requesting Conditional Use Permit
approval to legalize an existing barbed wire fence which was installed adjacent
to Scarlett Court located in the M-1 (Light Industrial) Zoning District.
Vice Chair Wehrenberg, Commissioners Biddle and Fasulkey disclosed that they had visited the
site.
Chair Schaub asked for the Staff Report.
Ms. Erica Fraser, Senior Planner, presented the specifics of the project as outlined in the Staff
Report.
Chair Schaub asked about the fence between the Buisick-Gearing and Dublin Honda properties.
Ms. Kristi Bascom, Senior Planner, stated that Dublin Honda would install a new fence along
the length of its property.
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Chair Schaub asked about the type of fence Dublin Honda would erect. Ms. Bascom stated that
it would be a black vinyl chain link fence with black slats. Cm. Fasulkey asked about the cost
difference between a black vinyl chain link fence and a traditional chain link fence, and Ms.
Bascom said that a black vinyl chain like fence is more expensive.
Cm. Fasulkey asked if the City would be setting design standards for property owners in the
Scarlett Court area. Ms. Fraser stated that City Council has directed Staff to prepare a Scarlett
Court Specific Plan that would include Design Guidelines for the area.
Cm. Biddle asked if the fence on the east side of the property would be replaced. Ms. Fraser
stated that such a condition is not included in the proposed resolutions. Cm. Biddle asked if the
Scarlett Court Specific Plan would require the fence to be replaced. Ms. Fraser stated that the
Scarlett Court Specific Plan would not require improvements to be made right away, but would
serve as a guide for future improvements in the area.
Cm. Biddle asked about the fence along Dublin Boulevard, and Ms. Fraser stated that there are
no proposals to replace it.
Cm. Biddle asked about the outside storage regulations for Tri-Valley Towing, and Ms. Fraser
reviewed the storage requirements as outlined in the Staff Report.
Chair Schaub clarified that the major concerns with this project are the public realm views on
the outside and safety on the inside, and Ms. Fraser agreed.
Cm. Biddle asked if the materials stored in the parking stalls of the project would be addressed
in the Scarlett Court Specific Plan. Ms. Mary Jo Wilson, Planning Manager, explained that the
Planning Commission could include additional Conditions of Approval to ensure the parking
stalls are available for customers.
Vice Chair Wehrenberg asked about the parking requirements. Ms. Fraser explained that the
parking requirements are based on the number of available sites on the property and an attempt
to discourage vehicle storage outside of the fenced-in area or indoor storage yard. Vice Chair
Wehrenberg asked how that would affect a new business on the property. Ms. Fraser explained
that every new Conditional Use Permit application requires a review of parking requirements
for the entire site.
Vice Chair Wehrenberg asked if Resolution 84-01 that permits "materials to be stacked higher
than the enclosing 6-foot fence..." remains valid, and Ms. Fraser said yes. The Planning
Commissioners agreed that, for safety and aesthetic reasons, they would not like to see
materials stacked in high volumes. Ms. Wilson stated that Staff acknowledges this concern for
future projects; however, Staff must abide by the Conditions of Resolution 84-01. The Planning
Commissioners stated for the record that they recognize the Conditions of Resolution 84-01;
however, they do not have the ability to change it.
Cm. King asked if the Police Department reviewed the proposed fences for the project. Ms.
Fraser stated that the Police Department reviewed the project and had no concerns.
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Cm. Biddle asked about the constantina wire atop the fence in a northern corner of the project.
Ms. Wilson stated that Staff would require the barbed wire to be consistent throughout the
project.
Cm. Biddle expressed concerns about the Property Owner being in disagreement with the
Conditions of Approval. Ms. Fraser explained that Staff typically tries to get the Applicant's
agreement before the item is heard before the Planning Commission; however, because the
other two Applicants have been operating without the required Conditional Use Permits, Staff
decided to bring the project before the Planning Commission. Ms. Wilson stated that the
Planning Commission has the right to deny the application. She further explained that if the
Planning Commission approves the application and an Applicant does not comply with the
Conditions, the City's Code Enforcement Officer would pursue compliance.
Chair Schaub asked what would happen to the business owners if the Planning Commission
denies the project. Ms. Wilson stated that the business owners would have to relocate their
businesses.
Chair Schaub opened public hearing.
Ms. Doreen Green, Buisick-Gearing Property Manager, explained the history of the project and
her reasons for having the project approved.
Chair Schaub asked if she understood the importance of the public realm and safety of
property, and Ms Green explained the history and operating procedures of the business.
Chair Schaub asked about the trailer on the northern portion of the project site. Ms. Green
stated that it belongs to Buisick Air-Conditioning and would be removed within a year. Cm.
Biddle asked if she would work with Staff on a Condition of Approval (COA) that requires
removal of the trailer, and Ms. Green stated that she has already said as much to the City's Code
Enforcement Officer.
Ms. Green stated that there should not be any constantina wire atop any fence on the property.
Cm. Biddle asked if she would comply with a Condition of Approval to have the constantina
wire removed if it still exists, and Ms. Green said yes.
Cm. Biddle asked Ms. Green about the Conditions that she is in disagreement with. Ms. Green
stated that she disagrees with the requirements to re-pave and re-stripe the asphalt. Chair
Schaub stated that she had agreed to re-pave and re-stripe the entire parcel during the Smog
Station Planning Commission hearing. Ms. Green explained that she re-paves the parcel on a
regular basis throughout the year. She further stated that she re-striped the parcel three years
ago. She asked if she could replace the parallel parking stripes with diagonal parking stripes.
Chair Schaub suggested that she work with Staff on her request.
Chair Schaub sought clarification on whether the entire parking lot would be re-paved and re-
striped within ninety days of the Smog Station Conditional Use Permit (CUP) approval. Ms.
Fraser said yes and explained that a request for diagonal parking could be approved with a
Zoning Clearance by Staff. Ms. Wilson explained the Zoning Clearance application
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requirements and further stated that the work would have to be completed within ninety days
of the Smog Station CUP approval in order to comply with the Conditions of Approval. Ms.
Fraser explained that if the current project is approved, the Applicants would have 90 days from
the date of approval to comply with the Conditions of Approval. She further explained that this
was done as a safety measure in case the Smog Station project was not realized.
Ms. Green explained that she has a problem with the Fire Department requirement to paint
"Fire Lane - No Stopping" on the west side of the property. She explained that the area is used
to make deliveries. Ms. Fraser explained that the Condition does not apply to the parking and
the parking could remain. She further stated that the Fire Department would need to clarify
where the Condition would be required.
Vice Chair Wehrenberg asked about the garbage pick-up schedule, and Ms. Green said she
believes it is done on a call-in basis. Vice Chair Wehrenberg expressed concerns about the
haphazard setup of the garbage bins and suggested that all tenants share one garbage pin. Ms.
Green explained that each tenant has different garbage requirements based on the type of
garbage each tenant produces. Ms. Wilson stated that the Planning Commission could add a
Condition of Approval to incorporate trash enclosures.
Cm. Biddle asked if it would be appropriate to include P A 06-017 Low Price Auto Glass
Conditions of Approval Nos. 24-26, relating to re-paving and re-striping the parking lot, to the
P A 06-039 Buisick-Gearing Conditions of Approval, and Ms. Wilson stated that the Planning
Commission could do so at its discretion.
Cm. Fasulkey asked Ms. Green if she has corresponded with Dublin Honda regarding the
shared fence. Ms. Green said no and stated that the fence belongs to Dublin Honda. . Ms.
Bascom stated that if the fence belongs to Dublin Honda, then the fence would be removed
when Dublin Honda erects a new fence.
Chair Schaub asked if a fence with barbed wire makes a property safer than without it, and Ms.
Green said that it is a very good deterrent. Chair Schaub asked if such fences lower insurance
rates, and Ms. Green said she does not know.
Mr. Joseph Gross, Owner of Tri-Valley Towing, explained the benefits of fences with barbed
wire. Chair Schaub asked about the difficulty of cutting barbed wire, and Mr. Gross said that it
is not difficult. Vice Chair Wehrenberg asked if stacking materials along the fence allows easier
access on and off the property, and Mr. Gross said yes. Cm. King asked why barbed wire is
angled in towards the property. Mr. Gross explained that the purpose is to protect vehicles and
persons driving or walking near the fence outside of the property.
Vice Chair Wehrenberg asked about the garbage bins. Mr. Gross stated that the garbage bins
remain inside until the garbage is picked-up.
Chair Schaub asked about the landscaping on Scarlett Court. Ms. Green stated that the
landscaping would be replanted. Cm. King asked if the landscaping would have an adequate
water system, and Ms. Green said yes.
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Cm. King pointed out that Condition No. 18 of P A 06-039 (Buisick-Gearing Properties) talks
about landscaping plans along Dublin Boulevard. Ms. Fraser stated that it would be corrected
to read "Scarlett Court."
Chair Schaub closed the public hearing.
Cm. Biddle stated that he has a problem with the concept of the Property Owner not agreeing
with the Conditions of Approval. He stated that he would prefer to continue P A 06-039
(Buisick-Gearing Properties). Ms. Wilson stated that the Property Owner would be responsible,
to some degree, for the Conditions of Approval for all three applications. She reminded the
Planning Commission that they could use its discretion to amend or add to each Applicant's
Conditions of Approval.
Chair Schaub clarified that if all three applications are approved, the Applicants would have to
comply with the COAs. Cm. Biddle stated that some of the COAs for PA 05-052 (Tri-Valley
Towing) and PA 06-017 (Low Price Auto Glass) should be added to PA 06-039 (Buisick-Gearing
Properties). Ms. Wilson reiterated that the Planning Commission could use its discretion to
amend or add to the COAs. Ms. Fraser explained that the COAs are project specific.
Chair Schaub commented that it is not reasonable to fix the property in a piecemeal fashion. Ms
Wilson explained that the property is composed of three individual parcels, but because there is
one Property Owner, the parcels function as one. Ms. Wilson further explained that the City
would like the Property Owner to maintain the overall property to City standards, but this is
not always the case.
Chair Schaub reopened the public hearing.
Chair Schaub asked Ms. Green if she would treat the property as one parcel, and Ms. Green said
yes. Chair Schaub asked if she would state on public record her commitment to get the parking
lot in good condition and re striped, and Ms. Green said yes.
Cm. King asked Ms. Green if her main concern with the COAs focused on the requirement to re-
pave, and Ms. Green said yes. Cm. King asked if the COAs imposed on PA 05-052 (Tri-Valley
Towing) and P A 06-017 (Low Price Auto Glass) would cause a financial problem for Buisick-
Gearing to comply. Ms. Green stated that her biggest concern is the requirement to get
everything done at once.
Chair Schaub closed the public hearing.
On a motion by Chair Schaub, seconded by Vice Chair Wehrenberg, with suggestions to add to
the following:
· PA 05-052 (Tri-Valley Towing) and PA 06-017 (Low Price Auto Glass) Condition Nos. 57
and 49 respectively, that states "The existing trailer located on the north side of the Property
adjacent to Dublin Boulevard shall be removed by August 22,2007" and Condition Nos. 58
and 50 respectively, that states "All debris, garbage and similar items in parking stalls and in
the circulation areas shall be removed from the property within ninety days of the approval of this
Conditional Use Permit"; and
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. P A 06-039 (Buisick-Gearing Properties) Condition No. 20 that states "Applicant shall repair
any distressed areas of pavement within the existing parking field, then seal and re-stripe the
entire parking field. All parking spaces shall be double striped using 4" white lines set
approximately 2 feet apart according to Figure 76-3 and &8.76.070 (A) 17 of the Dublin
Municipal Code. All compact-sized spaces shall have the word "COMPACT" stenciled on the
pavements within each space. 12" -wide concrete step-out curbs shall be constructed at each
parking space where one or both sides abut a landscaped area or planter. Wheel stops as necessary
shall be provided at the parking stalls" and Condition No. 21 that states "All debris, garbage
and similar items in parking stalls and in the circulation areas shall be removed from the property
within 90 days of the approval of this Conditional Use Permit" and to amend Condition No. 18
to state "Scarlett Court. The landscape plans shall show that trees will be planted along Scarlett
Court. The trees must be installed prior to occupancy of the building"; and
by a vote of 5-0-0, the Planning Commission unanimously adopted:
RESOLUTION NO. 06 - 30
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE TRI-V ALLEY TOWING IN
THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AND APPROVE A BARBED WIRE
FENCE AND A VEHICLE STORAGE YARD LOCATED AT 6355 SCARLETT COURT # 1
(APN 941-0550-015-08)
P A 05-052
RESOLUTION NO. 06 - 31
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE LOW PRICE AUTO GLASS
IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT 6355 SCARLETT
COURT # 8 (APN 941-0550-015-08)
PA 06-017
RESOLUTION NO. 06 - 32
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE A BARBED WIRE FENCE
LOCATED AT 6335 SCARLETT COURT (APN 941-0550-015-04)
P A 06-039
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Cm. King stated that he would like to make it clear that the COAs being imposed upon the
Applicants require the cooperation of the Property Owner.
Ms. Wilson reminded the Applicants of the 10-day appeal period.
Cm. Biddle commented that he was happy about the proposed landscaping on Scarlett Court.
8.3 P A 02-074 Dublin Village Historic Area Specific Plan follow-up implementation
actions - The proposed project consists of the following components: 1)
Rezoning four parcels in the project area to Planned Development; 2)
Rescinding City Council approval of the Dublin Village Historic Area Design
Guidelines and Approving an amendment to Section 8.62 of the Zoning
Ordinance; 3) Approving an amendment to the San Ramon Road Specific Plan;
and 4) Approving an addendum to the Initial StudyfMitigated Negative
Declaration originally approved for the project area.
Chair Schaub asked for the Staff Report.
Ms. Kristi Bascom, Senior Planner, presented the specifics of the project as outlined in the Staff
Report.
Vice Chair Wehrenberg asked why lots five and six were not being rezoned from Agriculture to
Planned Development. Ms. Bascom stated that lots five and six were not a part of the General
Plan Amendment adopted by the City Council on August 1, 2006 and would need City Council
approval to change the zoning.
Cm. King asked about the implications of rezoning The Green Store. Ms. Bascom stated that if it
was rezoned, it would become a legal-nonconforming use.
Chair Schaub asked if rezoning the property of an existing business could cause problems with
obtaining insurance coverage, and Ms. Bascom said that she does not know. Ms. Wilson
pointed out that legal-nonconformities normally occur over time due to zoning changes.
Vice Chair Wehrenberg suggested rezoning parcels five and six to Planned Development. Ms
Bascom stated that this suggestion could be added to the resolution for the Addendum to the
Initial Study jMitigated Negative Declaration and the resolution for the Rezone.
On a motion by Vice Chair Wehrenberg, seconded by Cm. Fasulkey, with a suggestion to
"rezone lots five and six to Planned Development", and by a vote of 5-0-0, the Planning Commission
unanimously adopted:
RESOLUTION NO. 06 - 33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ADDENDUM TO THE
INITIAL STUDYfMITIGATED NEGATIVE DECLARATION FOR THE DUBLIN VILLAGE
HISTORIC AREA SPECIFIC PLAN AND RELATED GENERAL PLAN AMENDMENTS
(which also include Lots 5 and 6 as suggested by the Planning Commission)
PA 02-074
RESOLUTION NO. 06 - 34
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF A PLANNED DEVELOPMENT
(DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN) ZONING DISTRICT FOR FOUR
PARCELS IN THE PROJECT AREA (ASSESSOR PARCEL NUMBER 941-1560-007-01, 941-
1560-006,941-1560-005, AND 941-1560-003-03) (Plus APNs 941-1560-001-01,02 as suggested by
the Planning Commission)
PA 02-074
RESOLUTION NO. 06 - 35
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE
SAN RAMON ROAD SPECIFIC PLAN TO REMOVE TWO PARCELS FROM THE
SPECIFIC PLAN BOUNDARY THAT ARE CURRENTLY INCLUDED IN THE DUBLIN
VILLAGE HISTORIC AREA SPECIFIC PLAN PROJECT AREA
PA 02-074
RESOLUTION NO. 06 - 36
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION
8.62 (HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW) OF THE
ZONING ORDINANCE TO REMOVE REFERENCE TO THE "DUBLIN VILLAGE
HISTORIC AREA DESIGN GUIDELINES", REPLACE WITH REFERENCE TO THE
"DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN," AND RESCIND THE DUBLIN
VILLAGE DESIGN GUIDELINES
P A (02-074)
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NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or
Staff, including Committee Reports and Reports by the Planning Commission
related to meetings attended at City Expense (AB 1234).
The Planning Commission did not have any items to report.
Chair Schaub questioned why features that the Planning Commission explicitly shows a dislike
for, such as palm trees and chain link fences, have been allowed for projects. He asked how the
Planning Commission's preferences could be better documented. Ms. Mary Jo Wilson, Planning
Manager, stated that Staff would continue to share the Planning Commission's preferences with
Applicants and point out such features that occur in Staff Reports so that the Planning
Commission could direct Applicants to amend or remove the feature.
Ms. Jeri Ram, Community Development Director, explained that Staff has been diligent in
addressing and eliminating such features from past projects, and would continue to do so for
current and future projects.
Ms. Wilson notified the Planning Commission that the Planning Commission decision on P A
06-029 (Miss Dina's Daycare) has been appealed by the Mayor and would be heard before the
City Council on September 5, 2006.
ADJOURNMENT - The meeting was adjourned at 8:55 p.m.
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