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HomeMy WebLinkAbout07-09-2002 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 9, 2002, in the Dublin Civic Center City Council Chambers. Chairperson Johnson called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Johnson, Musser, Jennings, Nassar and Fasulkey; Jeri Ram, Planning Manager; Janet Harbin, Senior Planner; Pierce Macdonald, Associate Planner; and Renuka Dhadwal, Recording Secretary. Absent: None PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Johnson led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None PUBLIC HEARING PA 02-025 Second Dwelling Unit - Conditional Use Permit - The applicant is applying for a Conditional Use Permit, which would allow an establishment of an 8.1 Planning Commission 144 July 9, 2002 Regular Meeting 820-square foot dwelling unit at 8176 Via Zapata (APN 941-2752-034-00) in the R-1 district, pursuant to Chapter 8.80 of the Zoning Ordinance. Cm. Johnson stated that since the Applicant is his neighbor he would abstain from voting on this project. Vice Chair Fred Musser assumed the Chairmanship for this item and asked for the staff report. Pierce Macdonald, Associate Planner presented the staff report. Ms. Macdonald stated that the Applicants John & May Markey propose to construct an 820 sq. ft. 2"a dwelling unit in their rear yard. The proposed unit is an independent unit located behind the existing home and when built would not be visible from the public right-of-way. The unit would serve as the home for May Markey's mother. Through a vicinity map Ms. Macdonald showed the location of the property. The proposed dwelling would replace an existing gazebo and a hot tub. The floor plan for the unit is "L shaped". The architectural design is Mediterranean with cream-colored stucco walls with asphalt shingle roof and tall divided light windows. She showed the materials and colors to be used for the project to the Commissioners. She explained the proposed unit is designed to complement the existing house. In addition, she explained that the unit would have aisle widths to accommodate wheel chairs. The shower in the bathroom has been designed in a way that it could be converted to a disabled shower. Ms. Macdonald stated that the Zoning Ordinance allows construction of a second dwelling unit in a R-1 district subject to findings. Staff has reviewed the application with the Fire Department, Building & Safety division, Police Department and DSRSD. The conditions of approval from each of these departments have been included in the attached Resolution. She explained that following the distribution of the Planning Commission 'packets', Staff in consultation with the Fire Department and the Applicant, amended conditions 27 & 33 listed in tl~e Resolution and would recommend that the Plarming Commission adopt the amendments as part of its motion. The amended conditions should read as follows: 27. Damage/Repairs. The Developer shall repair all damaged street, curb, gutter and sidewalk along the subject property's street frontage that exist now, or that result from construction activities, to the satisfaction of the Director of Public Works. Responsible Agency: PW Required By: Prior to Occupancy of first residence 33. Wildfire Management Plan. Site development shall be in accordance with City of Dublin Wildfire Management Plan and Fire Department requirements. Responsible Agency: F Required By: Prior to issuance of Building Permits ~P[annintt Commission 145 ,]u[_y 9, 2002 q(egufar 9fleeting Ms. Macdonald stated that Staff recommends that the Planning Commission adopt the Resolution approving the request for a Conditional Use Permit subject to attached amended findings and conditions. Cm. Musser asked if the Commission had any questions for Staff. Cm. Musser stated that the staff report indicated a setback requirement of 8 ft. but the 11 x 17 attachment to the staff report shows a 6 ft. setback and wanted to know if that had changed. Ms. Macdonald said that the Applicant has amended the site plan to reflect a 8 ft. setback and the revised map has been attached to the staff report as Attachment 1. Cm. Fasulkey asked if the Wildfire Management Plan was applicable to this project and what was behind the house. Ms. Macdonald said that there is a hill directly behind the property. Cm. Musser opened the public hearing and asked the Applicant for his presentation. Mr. John Markey spoke about the project. He indicated that the second unit will not be visible from the street. He said as part of the process the surrounding neighbors were notified about the project and stated that none of them had any concerns or questions. He said he would be happy to answer any questions. Cm. Jennings asked when did he intend on starting the project. Mr. Markey replied that he would like to start as soon as possible. Cm. Musser closed the public hearing and asked for a motion. On a motion by Cm. Fasulkey, seconded by Cm. Jennings, with Cm. Johnson abstaining to vote, subject to the amended conditions and by a vote of 4-0, the Planning Commission adopted: RESOLUTION NO. 02 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 02-025 SECOND DWELLING UNIT CONDITIONAL USE PERMIT LOCATED AT 8176 VIA ZAPATA, APN 941-2752-034-00 8.2 PA 02-024 Pinn Brothers - Silveria/Haight/Nielsen Properties Stage 1 Planned Development Rezoning/Development Plan and Annexation 6615 & 6833 Tassajara Road - ®[annintt Commission 146 Ju[y 9, 2002 ~gufar Meeting A Stage I Planned Development Rezoning and Development Plan in conjunction with a request for Annexation is proposed for approximately 105.7 acres to construct 259 residential dwelling units. Cm. Johnson asked for the staff report. Janet Harbin, Senior Planner presented the staff report. She stated that this project was previously presented to the Planning Commission in 2001 as the Summerhill Homes project. The land use mix under the current project is different from the previous project. The Applicant is proposing 259 multi-family and single-family homes on a 105-acre land. It would conform to the General Plan designation as well as the Specific Plan designation for the site. Ms. Harbin showed the location of the three properties involved in this project (Silveria, Haight & Nielsen). She explained that the Nielsen property is the only rural property in the area and would not be part of the development. Ms. Harbin stated that the Cortese Knox Hertzberg Local Government Reorganization Act requires prezoning of property prior to annexation. Therefore this item is going through the Planning Commission approval process. Phase 1 involves the Development Plan of the multi-family housing in the area south of Fallon Road. The area north of Fallon Road would be developed under Phase 2 when Zone 3 water becomes available. Ms. Harbin explained that the multi-family housing project would consist of 209 units in Phase 1. Phase 2 would consist of 50 single-family homes. After Planning Commission approval this would go to the City Council with an annexation agreement. Following the City Council approval of the annexation agreement and the development plan, it will then go to LAFCO for approval of the annexation. This project is consistent with the Eastern Dublin Specific Plan and Eastern Dublin EIR. No further environmental review is required. Staff recommends that Planning Commission recommend approval of the project to the City Council. Cm. Johnson asked if the Commission had any questions for Staff. Cm. Jennings asked whether the Affordable Housing and Senior Housing for this project would be determined by the City Council. Ms. Harbin replied that the City Council would determine whether it would like to have the developer construct all the inclusionary units or pay an in-lieu fee for part of it during consideration of the Stage 2 of the Development Plan. Currently the applicant is proposing to construct 9 units as affordable out of the total 259. Cm. Johnson opened the public hearing and asked for the applicant. Dale Garren, representing Pinn Brothers, stated that they are in agreement with Staff's recommendation and would answer any questions the Commission may have. qYanning Commission 147 .Tu[_y 9, 2002 q(ettu[ar 9ffeetintt Robert Nielsen, property owner, stated that he is opposed to the annexation until such time the City is able to provide him with information with regards to the restrictions that may apply to his agricultural operations once the annexation is complete. He was also concerned about the absence of a buffer zone between his property line and the property where development is to occur which was originally indicated in the Specific Plan. He also indicated that he was not informed about any development plans for the area. Cm. Fasulkey wanted to know the kind of agricultural operation run by Mr. Nielsen. Mr. Nielsen replied that it was basically cattle and equipment. Cm. Johnson asked Staff if the surrounding property owners were notified. Ms. Harbin stated that all the owners were notified about the meeting although there are not many owners in that area. She also indicated that Mr. Nielsen was mailed a copy of the public hearing notice and that he has had conversations with Pinn Brothers regarding the property. He was also notified when this project was previously introduced as the Summerhill Homes project. Ms. Harbin further indicated that some of the issues raised by Mr. Nielsen could be addressed in the Stage 2 Development Plan when there is a better lotting pattern. The reason for including Mr. Nielsen's property for prezoning and annexation is because his property is contiguous to the Quarry Lane School in the south and Silveria in the north. Ms. Ram indicated that when new lots are created a deed restriction could be put in place for existing agricultural uses so that they are protected from development. Cm. Nassar wanted to know the difference in the plan that was proposed a year ago for this project and the current proposal. Ms. Harbin replied that the previous plan proposed to construct 230 single-family homes. The current project proposes to construct some multi-family units in addition to the single-family homes for a total of 259 dwelling units. Cm. Johnson enquired if there were any plans to convert the Linn property in the project area into a public park. Ms. Harbin replied that it is not proposed to be a public park. Ms. Ram stated that the area would be left as open space due to habitat issues for that portion. The Department of Fish & Game would prefer to leave the portion as undeveloped. Cm. Johnson closed the public hearing and asked if the Commissioners if they had any additional comments. Cm. Jennings stated that her major concern is that the developer is proposing a lower percentage of affordable units. ~PFann~ng Commission 148 Ju[_y 9, 2002 ~P~egu[ar 5~leeting Cm. Johnson asked if the new ordinance for the Inclusionary Zoning became effective. Ms. Ram stated that the ordinance is in effect and the developer is required to construct the 7 V2% inclusionary units and, additionally, they can pay a 5% in-lieu fee. Cm. Johnson asked for a motion. On a motion by Cm. Nassar, seconded by Cm. Fasulkey who wanted to remind Mr. Nielsen that he has a second opportunity to bring his issues and concerns when the project is presented to the City Council, and by a vote of 4-1-0, with Cm. Jennings voting no for the project, the Planning Commission adopted:. RESOLUTION NO. 02 - 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING A PLANNED DEVELOPMENT (PD) PREZONING AND STAGE 1 DEVELOPMENT PLAN FOR PA 02-024 PINN BROTHERS CONSTRUCTION, INC. SILVERIA/HAIGHT/NIELSEN PROPERTIES NEW OR UNFINISHED BUSINESS None OTHER BUSINESS ADJOURNMENT The meeting was adjourned at 7:40 p.m. ATTEST: Plant'er Respe.~lly ~submit~ed, Pl;rming/~mmission Chairperson g:\ minutes\02\5-14-02 pc minutes WFannin8 Commission 149 Ju[y 9, 2002 qO~Iufar Y~leetin~t