Loading...
HomeMy WebLinkAbout02-22-2000 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, February 22, 2000 in the Dublin Civic Center City Council Chambers. Chairperson Hughes called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Hughes, Jennings, Oravetz, and Musser, Dermis Carrington, Senior Planner, Michael Porto, Planning Consultant, Anne Kinney, Assistant Planner; and Maria Carrasco Absent: Cm. Johnson PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Hughes led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the February 8, 2000 meeting were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None PUBLIC HEARING- 8.1 PA 98-062 Greenbriar Property Planned Development Rezone, General Plan Amendment/Specific Plan Amendment, Vesting Tentative Map and Site Development Review located on the Yarra Yarra Ranch within the Eastern Dublin Specific Plan area on the west side of Tassajara Road, north of the Casterson Development. Cm. Hughes asked for the staff report. Dennis Carrington, Senior Planner presented the staff report. He stated that the project contains a Planned Development Rezone; General Plan and Specific Plan Amendment; Vesting Tentative Map and a Site Planning Commission 17 February 22, 2000 Regular Meeting Development Review. Staff has been working on this project for approximately 2 years. He stated that Phase 1 of the project consists of 126 dwelling units, Phase 2 is planned to be developed at a later time and Phase 3 consists of 193 dwelling units located on the west side of Tassajara Creek. He stated that the site for Phase 4 consists of 79 dwelling units and Phase 5 consist of one dwelling to be retained by Mrs. Kollar. The General Plan Amendment is proposed for 16.4 acres changed to medium density residential designation. The site was a former junior high school, which the school district has determined they no longer need. Staff has prepared a traffic analysis, which has concluded there will be a net reduction in traffic. He stated that Mr. Porto would discuss the architectural styles of the Greenbriar project. Michael Porto, Planning Consultant, stated that Greenbriar submitted their plan approximately 2 years ago and he reviewed the architecture at that time. The projects will have cluster units as well as single family detached homes. The cluster homes will have four different floor plans between 1,816 to 2,343 square feet with two car garages. The architectural styles will be eastern seaboard, traditional and eclectic French. The eastern sea-board is a wood sided unit, with optional brick and stone veneer. The traditional plan will represent a neo-classic look with columns, wood posts, and porches. The eclectic French will have wroght iron railings, pot shelves and recessed entry doors. He stated that the single family detached product will have four different floor plans between 2,376 up to 3,113 square feet with two car garages. The architectural styles will be Santa Barbara Spanish, eclectic French, traditional, and Spanish Monterey. The Santa Barbara Spanish will include thickened walls, recessed windows, and wrought iron balcony details. The eclectic French and traditional single family design is the same as the cluster units. The Spanish Monterey will have flat roof tiles, recessed windows, and wroght iron window details. He stated that he is available to answer any questions and that Mr. Carrington will continue presenting the rest of the project. Mr. Carrington stated that a noise study was prepared for the project, which concluded that a six-foot sound wall would be needed. He stated that a preliminary landscaping plan has been approved by the City's Landscape Architect. The City will maintain the landscaping along the public right of way and the landscaping adjacent to the cluster units will be maintained by a homeowner's association. He stated that the red-legged frog is a threatened species and one red-legged frog was found in 1999 in the aquatic portion of the creek. There have been studies conducted for the red-legged frog and there weren't any found in the upland areas of Tassajara Creek. A Stream Restoration Program was prepared by Greenbriar's biologist and reviewed by the City's biologist. There will be a red legged frog breeding pool; a 12-foot wide regional trail; two bridges; and two out-falls into the creek that do not affect the aquatic portions of the creek. The two out-falls will require approval from the Department ofFish and Game. A Mitigated Negative Declaration prepared for Greenbriar determined that the project would not have any significant environmental impacts. The City received eleven comment letters during the public review period regarding the Mitigated Negative Declaration. The letters the City received commented that the Mitigated Negative Declaration is not an adequate document and there is a disagreement among the biologists. The biologists for the Department ofFish and Game feel the project and the Mitigated Negative Declaration did not review the project adequately. The City's biologist concurs that the Mitigated Negative Declaration meets the requirements of the California Environmental Quality Act. The City is consistent with the endangered species act. He concluded his presentation. Cm. Hughes asked if the applicant was present. Planning Commission 18 February 22, 2000 Regular Meeting Tim Quinn, with Greenbriar thanked Staffand everyone that worked on the project. He stated that the Greenbriar project is a very attractive project and will be an asset to the Eastern Dublin area. He explained that the setback from the top of the bank to the edge of the development is 130 feet, which is 37% more than the 100 feet recommended in the Stream Restoration Program. He stated that the total corridor averages 336 feet. They did an excellent job at mitigating the potential impacts identified in the Negative Declaration and he urged the Planning Commission for their approval. Cm. Jennings asked if there are any federal or environmental agencies that could propose an adverse affect on the project at a later date. Mr. Quinn said that the Greenbriar project is not obligated to meet any requirements from any federal agency. Cm. Jennings asked about if there are any other agencies that could have adverse affects on the project. Mr. Carrington stated that the California Department of Fish and Game has jurisdiction over the ont-falls of Tassajara Creek and will review an application for a 1603 permit. There is a condition of approval, which states the applicant is required to obtain any necessary permits from any state or federal agency. Patrick Adams, 5378 Tassajara Road, thanked Mr. Carrington for his detailed presentation. He stated that he and his wife are long-standing residents and live adjacent to the proposed project. The Greenbriar project exceeds the setback requirements and has gone to great lengths to preserve the riparian corridor for the area. He is concerned with the federal and state agencies opposed to the 300-foot setback. He stated that he has not noticed any red-legged frogs and urged the Commission's approval of the project. Marjorie Kollar, owner of the Yarra Yarra Ranch, stated that she has lived on her property for 40 years and has never seen a red-legged frog. She feels that Greenbriar has planned a great project and are consistent with Dublin's General Plan. She was not pleased with the Department ofFish and Game trying to delay the project. She thanked the Planning Commission and hoped they would approve the project. Bill McCann, Attorney of Mrs. Kollar, thanked Mr. Peabody, Mr. Carrington and Staff for working on their project. He stated that the federal agencies have interfered with Mrs. Kollar's attempt to sell her property. The 300-foot buffer destroys the Greenbriar project and the value of Mrs. Kollar's land. Janice Gans, Associate Biologist with the Department of Fish and Game stated that she would like to address some ofFish and Game's concerns. She questioned the adequacy of the Environmental Impact Report. She said that the department is aware that provisions were made in the EIR to address the impacts to the frog, but there are new provisions related to the frogs. The frogs have been noted 200-feet away from aquatic habitat and the Department ofFish and Game supports the 300-foot buffer. She stated that frogs and salamanders have been seen at Camp Parks, which is to the west of the Greenbriar site. The department would like to maintain some type of corridor to preserve a connection with these species. They are recommending reducing the buffer on the east side to allow more development and to cluster the homes on the west side. She feels that the corridor designated by the City isn't sufficient. They have a concern on the out-fall structure, which will allow bull frogs to move further up into the drainage, and they are predators of the red-legged frog. The department does not feel the City has provided sufficient mitigation and she concluded her presentation. Planning Commission 19 February 22, 2000 Regular Meeting Cm. Hughes asked Ms. Gans if she felt sufficient mitigation would be 300-feet on both sides of the property. Ms. Gans said the buffer is not limited to 300-feet on both sides. The development areas where the frogs have been known to persist have a smaller buffer on one side with predominantly open space and development on the other side of the creek. The preferable side for open space would be on the west side because of the location of Camp Parks. Cm. Hughes said that the red-legged frog has been known to travel 200 feet. He asked why they are asking for a 300-foot buffer. Ms. Gans said the frog is known to travel 200-feet and beyond. Cm. Hughes asked if there are any established findings on a protective habitat for the species? Ms. Gans said the department is gathering information on the frog, but it is not an exact science. Cm. Hughes stated that the City can not rely on imprecise information with out any governmental findings. Ms. Gans said that the information has been based on frogs that have been tagged. Cm. Hughes said that in a previous Planning Commission packet the information as to why it would be necessary for a 300-foot setback was generated from a student working on a thesis. He asked if there was any information more substantial than a thesis prepared by a student? Ms. Gans said a lot of the research is done by students, which does not devalue the study. She said the Department ofFish and Game recommended a 100-foot minimum buffer in riparian areas, but that is not for streams with special status species. With the creek in the area, there is a hydrology change, increased predators, human disturbances and other factors. They are trying to provide a place where the species can persist long term. Cm. Hughes said that the Department ofFish and Game does not have any precise information that will have an adverse effect if the setback is less than 200 feet. Ms. Gans stated that there are some studies that show the frogs are able to persist with open space on one side of the creek. Cm. Musser stated that to his understanding there are other developments in the areas with buffer zones less than 300 feet. He stated that because the area is so large, it would seem that the predators of the red- legged frogs could prey easier with so much open space. Ms. Gans stated that the frogs leave the creek to forage and complete other parts of their life cycle. Planning Commission 20 February 22, 2000 Regular Meeting Cm. Musser stated that he shares Cm. Hughes' concerns of not having any concrete evidence to support her request. He stated that it is creating a significant impact on the property owner based on inconclusive evidence. Cm. Hughes asked Ms. Gans if she could provide the Commission with some concrete findings. Ms. Gans stated that the Department ofFish and Game is trying to come up with a solution that will provide a connection between the Greenbriar site and Camp Parks for movement between populations. Cm. Jennings asked the count of frogs and salamanders at Camp Parks. Ms. Gans stated that one salamander was found at Camp Parks. She did not have the count of red-legged frogs at Camp Parks. Cm. Jennings said that she lived at Camp Parks for many years during the 1960's and there were only 2 or 3 salamanders found. She asked if Camp Parks has the same requirements as the Greenbriar project? Ms. Gans stated that the Department of Fish and Game is working with Camp Parks on a management plan. Cm. Jeunings said that the Department of Fish and Game has concerns with the frog's movement being impeded. She said that each of us has their movement impeded everyday. The Department ofFish and Game should consider the human element particularly when a homeowner is anticipating a return on their property. She asked for clarification on the 1600 agreement. Ms. Gans stated that when they process the 1600 agreement, they rely on the CEQA document to have covered all the species on the site. Cm. Jennings asked if the CEQA document came into their possession tomorrow, what would their findings be? Ms. Gans said she could not make those findings. Cm. Oravetz asked why Mrs. Kollar's property is being affected. Ms. Gans stated that there are cumulative affects. As each project is developed the resources become more limited. She stated that the Department ofFish and Game should have had more ora role with the previous projects in Eastem Dublin. Cm. Oravetz stated that she did not respond to his question of why Mrs. Kollar's property is being affected. Ms. Gans responded that she could not answer that question. Cm. Oravetz asked Ms. Gans how the project ended up on her desk. Planning Commission 21 February 22, 2000 Regular Meeting Ms. Gans stated that a lot of projects end up on her desk. She stated that it is an important area that needs to be studied. Cm. Oravetz stated that Greenbriar has proposed a wonderful plan for the frogs. He feels that Greenbriar plan to develop a pond for the frogs to prosper is more than good enough. Ms. Gans stated that the pond is not a good enough compromise. Cm. Oravetz asked Ms. Gans if the proposed plan for the frogs was workable, Ms. Gans responded no, it is not workable for long-term persistence of the frogs. Cm. Musser stated that the Department of Fish and Game reviewed the environmental document many months ago and is now claiming the document is inadequate. He stated that the Planning Commission isn't hearing conclusive evidence for their findings. Ms. Gans stated that more information has come out since the CEQA document was sent out. Cm. Hughes asked for the new information and when the studies were completed. Ms. Gans stated that she isn't sure if the information has been published but can get the information for them. Cm. Hughes asked why there is such a difference between Greenbriar's 700 feet requirement and Casterson's 300-feet. The Casterson development is adjacent to Greenbriar. Ms. Gans stated that the frogs use a lot of the upland area and a buffer is needed from the development. Cm. Hughes would like any information on whether the Casterson project has impacted the red-legged frog. Ms. Gans stated that the information might be short-term data. Cm. Hughes stated that the Commission is being asked to make a decision without any substantial data. He stated that 137-feet is a lot of space and more space than most people have. Ms. Gans stated that she attended the meeting to provide the Commission with her department's position. Cm. Hughes responded that they appreciate her attending the meeting. He suggested that the Department ofFish and Game research the questions that the Planning Commission had before the project goes to the City Council. Cm. Oravetz asked if the bullfrog is the enemy of the red-legged frog. Ms. Gans stated the bullfrog is a predator of the red-legged frog. The bullfrogs need perennial water to survive; by making the streams perennial, the bullfrogs will persist and prey on the red-legged frog. Planning Commission 22 February 22, 2000 Regular Meeting John Zenter, Zentner and Zentner, representing Greenbriar said that working as a biologist for the Department ofFish and Game is like being a Planning Commissioner for two counties. He has taken their comments very seriously; but may not always agree with them. They have met with Fish and Game and Fish and Wildlife on site and response to their requests, the City of Dublin mailed a draft Initial Study to their agencies for further comments. He worked with the City and the City's biologist and revised a restoration plan, which included mitigation measures which the Department of Fish and Game and Fish and Wildlife reviewed. He stated that he and City Staff have responded to their comments. The project has been revised to include movement corridors for the frogs to off-site habitats. Cm. Hughes asked if them are any questions, hearing none he closed the public hearing. Mr. Carrington made a recommendation to the Planning Commission to recommend that the City Council adopt attachments 1-5 of the Staff Report. Cm. Musser asked if a sound wall is being proposed for the project. Mr. Carrington said that there is a sound wall similar to the wall along Tassajara Road without the stone pilasters. Cm. Musser asked how the landscaping material relates to the development project across the street. Mr. McCann responded that they would provide a final landscape plan for Staff to review. Cm. Musser stated that the units of Plan 3 back up to Tassajara Road and he would like to see some shutters on the second story element. Mr. McCann stated that they will be happy to work with Mr. Porto on that issue. Cm. Oravetz asked if any of the comment letters received on the project were from citizens of Dublin. Mr. Carrington responded none. On motion by Cm. Jennings, and seconded by Cm. Oravetz, with a vote of 4-0-1 vote, with Cm. Johnson absent the Planning Commission unanimously adopted RESOLUTION NO. 00-06 RECOMMENDING THAT THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR PA 98-062 GREENBRIAR LAND COMPANY TASSAJARA CREEK RESIDENTIAL PROJECT GENERAL PLAN/SPECIFIC PLAN, PD REZONING, VESTING TENTATIVE MAP, SITE DEVELOPMENT REVIEW AND DEVELOPMENT AGREEMENT Planning Commission 23 February 22, 2000 Regular Meeting RESOLUTION NO. 00-07 RECOMMENDING THAT THE CITY COUNCIL APPROVE THE GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT, FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK RESIDENTIAL DEVELOPMENT RESOLUTION NO. 00-08 RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE, A STAGE 1 DEVELOPMENT PLAN FOR THE ENTIRE PROJECT AND A STAGE 1 AND 2 DEVELOPMENT PLAN FOR PHASE 1 FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK RESOLUTION NO. 00-09 RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING A PLANNED DEVELOPMENT (PD) REZONE, A STAGE 1 DEVELOPMENT PLAN FOR THE ENTIRE PROJECT AND A STAGE 1 AND 2 DEVELOPMENT PLAN FOR PHASE 1 FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK RESOLUTION NO. 00-10 APPROVING THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE GREENBRIAR LAND COMPANY TASSAJARA CREEK DEVELOPMENT PA 98-062 (Tract No. 7075) 8.2 PA 99-010, Corrie Center Phase II Office Development, General Plan Amendment, Stage 1 and 2 Planned Development (PD) Rezone, Conditional Use Permit and Site Development Review Cm. Hughes abstained from the project due to conflict of interest. Cm. Oravetz was acting Chairperson. Cm. Oravetz asked for the Staff Report. Anne Kinney, Assistant Planner presented the staff report. She gave a brief presentation of the project. The proposed project includes an amendment to the General Plan, a Planned Development (PD) Rezone a Development Plan, Conditional Use Permit and Site Development Review for a new 46, 110 square foot office building with a sub-grade parking level and a two-level (one-sub-grade) parking structure at 7950 Dublin Boulevard. The existing building faqade will be remodeled (new windows, parapet and paint) to match the new building's architecture. Both buildings will incorporate neutral colors of creamy beige and light gray contrasted by blue/gray windows set in black aluminum frames. The one-story glass enclosed foyer, which connects the two buildings, will serve as the primary building entrance. The landscaping for Planning Commission 24 February 22, 2000 Regular Meeting the office development has been well planned and designed to create an attractive environment. Landscape features include a decorative central courtyard area between the two buildings with ornamental tree planting, seating areas, decorative paving and water features. In addition, building entry areas have embellished landscaping and decorative paving. The project would not negatively impact the traffic capacity of San Ramon Road and Dublin Boulevard intersection. However, the proposed project will generate additional vehicular trips in the area, which will impact city roadways. The applicant has agreed to contribute traffic funds, which will assist in offsetting costs of public roadway maintenance and planned roadway improvements in the area. The site plan provides adequate parking for future employees and visitors of the development. The project is consistent with the General Plan, the Downtown Specific Plan and the Zoning Ordinance. Staff recommends the Planning Commission open the Public Hearing, deliberate and approve the project. Cm. Oravetz asked the location of the walkway from the project to the West Dublin Bart Station. Ms. Kinney responded that the planned roadway 'St. Patrick Way' when completed would connect Golden Gate Drive to Regional Street. The property owner has agreed to construct a pedestrian pathway from the proposed project through the adjacent parcel to Regional Street. Sid Corrie, owner of the building, stated he is very pleased with the end result and thanked Staff for all their work. He would like to get started on the project as soon as possible. He stated that he is available for any questions. Cm. Jennings asked if the building will be used for offices. Mr. Corrie responded yes. Cm. Jennings asked if the bowling alley will provide part of parking for their building. Ms. Kinney responded no. The applicant will develop 17 additional spaces. Cm. Jennings asked if the parking spaces that face San Ramon Road will be affected. Ms. Kinney responded no. The existing parking spaces will remain the same. Cm. Jennings asked the location of St. Patrick Way. Ms. Kinney responded that St. Patrick Way will connect Golden Gate Drive to Regional St. Cm. Jennings asked if the potholes in the parking lot would be taken care of. Mr. Corrie responded yes. Cm. Jennings asked if there are any plans to remove the bowling alley. Mr. Corrie stated that they bought the bowling alley during the application process. It is not his intent to remove the bowling alley. Planning Commission 25 February 22, 2000 Regular Meeting Cm. Musser asked if there are any tenants lined up. Mr. Corrie stated that it is too early to line up tenants. Cm. Oravetz asked if there are any other questions; hearing none he closed the public hearing. Cm. Jennings asked if there are any provisions for adequate lighting in the underground parking area. She also requested a telephone be included in the case of an emergency. Ms. Kinney responded that they will be required to bring in a lighting plan for the entire site and will be required to meet the Uniform Building Code and Fire Code. She stated that a telephone may not be a requirement. Cm. Jennings said that this site will be connected with the BART site and she would like a provision included for safety purposes. Ms. Kinney stated that the parking garage will have security gates. Cm. Jennings asked if a person coming from the BART Station could get into the parking garage. Mr. Corrie stated no. He said that Ms. Kinney insisted the garage have security gates. On motion by Cm. Musser seconded by Cm. Jennings, with Cm. Hughes abstaining and Cm. Johnson absent the Planning Commission approved RESOLUTION NO. 00-11 APPROVING PA 99-010 CORRIE CENTER PHASE II OFFICE PROJECT, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR A NEW 46,110 SQ. FT. FOUR-STORY OFFICE BUILDING WITH SUB-GRADE PARKING AND A TWO LEVEL (ONE SUB-GRADE) PARKING STRUCTURE, RELATED IMPROVEMENTS AND TO ALLOW A PORTION OF THE REQUIRED PARKING FOR THE OFFICE PROJECT TO BE LOCATED ON THE ADJACENT PARCEL ON A 4.5 ACRE PARCEL LOCATED AT THE SOUTHEAST QUADRANT OF DUBLIN BLVD AND SAN RAMON ROAD. RESOLUTION NO. 00-12 RECOMMENDING CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE A GENERAL PLAN AMENDMENT FOR PA 99-010, CORRIE CENTER PHASE II OFFICE DEVELOPMENT Planning Commission 26 February 22, 2000 Regular Meeting RESOLUTION NO. 00-13 RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE STAGE 1 & 2 / DEVELOPMENT PLAN FOR PA 99-010, CORRIE CENTER PHASE II OFFICE PROJECT 8.3 PA 99-044 Dublin Ranch Master Vesting Tentative Map 7148 for a 323.6 acre site (Areas E, F, G and H) to provide for development of Low, Medium, Medium-High and High Density Residential, Neighborhood Commercial, General Commercial and Campus Office Uses. Cm. Hughes asked for the StaffReport. Mr. Carrington said that the Attorney for Dublin Ranch has requested the project be continued to the March 14th Planning Commission meeting. Cm. Hughes asked if there is anyone at tonight's meeting that couldn't attend the March 14th Planning Commission meeting. Hearing none, he asked for a motion to continue the project to March 14th. On motion by Cm. Jennings, seconded by Cm. Musser, with Cm. Johnson absent, the Planning Commission unanimously agreed to continue the project to the March 14, 2000 Planning Commission meeting. NEW OR UNFINISHED BUSINESS 9.1 There was no new or unfinished business at this time. ADOURNMENT The meeting was adjourned at 8:30 p.m. ATTEST: Community Development Di~ctor ' Res~:,r??~/'6 1 s mitted, Planning CommCsion Chairperson Planning Commission 27 February 22, 2000 Regular Meeting