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HomeMy WebLinkAbout10-14-2008 PC MinutesC? ry '9/ - -} z Planning Commission Minutes Tuesday, October 14, 2008 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, October 14, 2008, in the City Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:05p.m. Present: Chair Schaub; Vice Chair Tomlinson; Commissioners Wehrenberg, King, and Biddle; Mary Jo Wilson, Planning Manager; Jeff Baker, Senior Planner; Jamie Rojo, Assistant Planner; Mike Porto, Consulting Planner; Kristi Bascom, Consulting Planner; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Tomlinson, seconded by Cm. Wehrenberg the minutes of the September 9, 2008 meeting were approved. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS - 8.1 PA 04-016 Fallon Crossing/Standard Pacific Homes (Legislative) Development Agreement Mike Porto, Consulting Planner presented the project as stated in the Staff Report. Chair Schaub opened the public hearing and hearing no comments closed the public hearing. On a motion by Cm. Wehrenberg and seconded by Cm. Biddle, on a vote of 5-0, the Planning Commission approved the following: RESOLUTION NO. 08 -24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR FALLON CROSSING PA 04-016 (Planning Commission October 14, 2008 Wegur r.cWeeting 113 8.2 PA 07-019 The Green on Park Place (Legislative) Development Agreement. Kristi Bascom, Consulting Planner presented the project as stated in the Staff Report. Chair Schaub opened the public hearing and hearing no comments closed the public hearing. On a motion by Cm. Wehrenberg and seconded by Cm. Tomlinson, on a vote of 5-0, the Planning Commission approved the following: RESOLUTION NO. 08 - 25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGEBHV EMERALD PLACE LAND COMPANY FOR THE GREEN ON PARK PLACE RETAIL CENTER PROJECT APNS 986-0033-002 AND 986-003:3-003 PA 07-019 8.3 PA 07-037 Anderson (Legislative) Development Agreement. Jeff Baker, Senior Planner presented the project as stated in the Staff Report. Chair Schaub opened the public hearing and hearing no comments closed the public hearing. On a motion by Cm. Biddle and seconded by Cm. Wehrenberg, on a vote of 4-0-1, with Cm. Tomlinson abstaining from the vote, the Planning Commission approved the following: RESOLUTION NO. 08 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN RE INVESTORS LLC FOR THE NORTHERN 7-ACRES OF THE ANDERSON PROPERTY (APN 905-0006-001) PA 07-037 (P(anning ('onmtission octo6er 14, 2008 W egufar Meet ing 114 8.4 PA 08-016 B & B Motorsports - Conditional Use Permit approval to operate a 3,500± square foot Automobile/ Vehicle Sales facility with oul door display of 2 vehicles within an existing 11,831± square foot building at 6310-A Houston Place. Jamie Rojo, Assistant Planner presented the project as stated ir. the Staff Report. Chair Schaub asked which Condition of Approval mentions the letter from the Applicant regarding the "Signed Agreement Regarding Future Use Types." Mary Jo Wilson, Planning Manager answered Condition of Approval #12. Cm. Wehrenberg asked Ms. Rojo to explain the parking agreement between the Suite A & B. Ms. Rojo explained the parking requirement and the agreement. Cm. Wehrenberg asked if the parking for Suite B had been confirmed. Ms. Rojo answered that Suite B is an auto repair and service shop with 14 parking spaces all of which are being used. Cm. Wehrenberg was concerned about a parking conflict, asked if there was any gUZLrantee that Suite B would not use more parking spaces than is allowed and what recourse does f-te City have for complaints. Ms. Wilson stated Cm. Wehrenberg's concern is shared by Staff which is the reason for the Conditions of Approval to try to limit any parking conflict for future users of the vacant tenant space. She continued that if the City became aware that they were not in compliance with their conditions, Code Enforcement could investigate. Cm. Wehrenberg asked if this was a new business or was it being relocated from another location. Ms. Wilson stated it was a new business. Cm. Tomlinson stated that if the parking becomes a problem, the other business could make a complaint and it wash t resolved in a satisfactory way, the CUP could be revoked. Cm. Biddle stated he visited the site at midday and found that most parking spaces were filled with approximately 20% not being utilized. Cm. Biddle asked what modifications would need to be made to Suite A to allow for a maintenance and service use. Ms. Rojo answered the maintenance and service use is allowed under permitting process and no additional permits would be required. Ms. Wilson stated that the Building Department could determine what tenant improvement permits would be needec. to make those modifications. Chair Schaub opened the public hearing. Roger Shank, Planning Consultant for the Applicant, spoke in s=avor of the project. He stated the Applicant will restrict his business to sales only in a small operation where cars are bought and sold individually with no carriers bringing vehicles. He stated the back portion of Suite A is being used for storage of appliances from another business vrith no other plans for the use of that space. He continued the Applicant is willing to sign the letter of agreement and is in agreement with all conditions of approval. (P(anning Commission October 14, 2008 Regular,Weeling 115 Cm. Biddle asked what type of vehicle the Applicant will sell at the site. Mr. Shank answered high end, pre-owned, luxury vehicles. Cm. Wehrenberg asked if this is a new business being relocated from another location. Mr. Shank answered this is a new business. Chair Schaub asked if the Applicant would be selling the vehicles on consignment. Mr. Shank answered no; they would be purchased from auto auctions and brought there for sale. Chair Schaub closed public hearing On a motion by Cm. Biddle and seconded by CM. Wehrenberg, on a vote of 5-0, the Planning Commission approved the following: RESOLUTION NO. 08-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A 3,500± SQUARE FOOT AUTOMOBILENEHICLE SALES FACILITY WITH OUTDOOR DISPLAY OF 2 VEHICLES LOCATED AT 6310-A HOUSTON PLACE (AP -4 941-0550-067) PA 08-016 8.4 PA 08-005 Schaefer Ranch South (Legislative) General Plan Amendment to change the existing Estate Residential (0.01-0.8 du/ac) and Retail/Office land use designations to Single-Family Residential (0.9-6.0 du/ac), Open Space and Public/Semi-Public land uses, and a Planned Development Rezone with Stage 2 Development Plan for an 81.3+/- acre area, and Vesting Tentative Map 8000 to subdivide 41.5+/- acres into 140 single-family residential lots, a Development Agreement, and a CI:QA Addendum to the Schaefer Ranch Environmental Impact Report. Jeff Baker, Senior Planner presented the project as stated in the Staff Report. Chair Schaub asked Mr. Baker to explain the other items that the Applicant had agreed to provide the City. Mr. Baker answered there are a number of items in the Development Agreement that he would speak to later in the presentation. Chair Schaub felt it was important to note what the Applicant is providing to the City in exchange for approval of the increase in the number of units since those units will be more expens ve and the profit larger for the Applicant. Chair Schaub agreed to wait until that part of the presentation to continue the discussion. Chair Schaub asked about lots on the back side of the project location. Mr. Baker answered that at the end of Dublin Blvd there are 6 additional estate lots that are not part of the project. A4nning Commission octo6er14, 2008 wgjufar Meeting 116 Cm. King asked if there is still a park in the existing plan. Mr. Baker answered yes, but it is not subject to this application. The park is part of the larger Schaefer Ranch project and is located on the north side of Dublin Blvd. Cm. King asked if the mitigation pond was to the north of the ]3,roject. Mr. Baker answered yes. Cm. Wehrenberg asked if the public/semi public area was part of the proposal or existing. Mr. Baker answered the area is currently designated retail/office and would change to public/semi- public with this proposal. He continued the lower parcel was originally anticipated to be a day care center and the northern parcel was reserved for a future fire station site, that will not change with this proposal. Cm. Wehrenberg asked if the area that is currently designated commercial will be homes and the lower part, which is difficult to develop, will be open space. Mr. Baker answered yes. Chair Schaub asked if the fire station is still proposed at that site which is next to the School of Imagination. Mr. Baker answered yes; the site was reserved in the original development agreement for a fire stating but the City opted not to take that option however, as part of this project it would give the City and additional two years to determine if they still want/need the site. Cm. Tomlinson asked if the need would materialize. Mr. Baker answered the Alameda County Fire Department is currently conducting a needs analysis through out the City to determine if the site will be needed. Chair Schaub asked if two years would be sufficient or should the Commission consider 5 years. Cm. Wehrenberg agreed. Ms. Wilson commented the study will be completed sooner than two years. If the study determines that a fire station is needed then the City would take the option and hold the parcel as a fire station site. Cm. Biddle asked with the elimination of commercial frorn the project will there be other commercial/ retail businesses in the area. Mr. Baker answered there would be no commercial areas within the Schaefer Ranch project except the public/semipublic type uses. Chair Schaub mentioned that the Commission had tried to create villages where residents could walk to commercial areas and we were successful in the 'Cassajara area because there are enough people, but with only 400 houses it could not sustain a store and would not be practical. Cm. Biddle suggested a small commercial site at Schafer Ranch Road and Dublin Blvd. for commercial use. Mr. Baker stated the site has steep slope topography and would be difficult to develop as a commercial site. Cm. Biddle asked if the same criteria for public/ semipublic designation were used for this project as is used for other projects, and what kind of acreage would be allowed for Schaefer Ranch area. Mr. Baker answered the City has a public facilities policy and it requires that if a new project creates 150 units then there is an acreage requirement they must provide. He (Aanning Commission Octo6er14, 2008 WegularSileeting 117 continued while the project before the Commission does not meet the 150 unit threshold, there will be public/semi-public facilities to serve the overall project. Cm. King asked if the houses would be visible from I-580. Mr. Baker answered not any more than what was originally approved. Cm. Biddle felt there has been a lot of grading for the project and asked if it is completed. Mr. Baker answered yes the overall grading of the site is complete and there should be only some fine tuning of the pads. Cm. Tomlinson stated the Applicant is proposing 104 additional lots but the original number of lots that was approved was more than that. Mr. Baker answered the original number of lots approved was 474 and they have 302 homes currently approved. Cm. Tomlinson stated the overall project, including the additional 104 units, is still below the number of lots that were originally approved. Mr. Baker miswered the project is 68 units less. Chair Schaub asked if the traffic impacts for the project is still below what was originally approved. Mr. Baker answered yes because it is a less intense use both in the number of units and since the commercial is eliminated it further reduces the traffic impacts. Cm. Wehrenberg asked when the $1.5 million to the City for the Historic Park would be paid. Mr. Baker answered it would be paid in phases. He stated the first half of the payment would be paid when the Applicant receives all their entitlements, or their first building permit. Cm. Wehrenberg asked if this application redefines their terms of payment. Mr. Baker stated that currently the Applicant is not obligated to pay any money towards the Dublin Historic Park. Mr. Baker continued the City was able to negotiate with the Applicant as part of the approval process that if the project is approved they would provide the City with $1.5 million for construction of the park which is money the City would not otherwise receive or be compelled to require the developer pay without the agreement. Cm. Vehrenberg asked when the next installments would be made. Mr. Baker answered after the first payment of 50% would be at entitlements or when the first building permit is issued and then the balance or second payment would be after the issuance of the 75th building permit. Ms. Wilson explained the entitlements mean all the way through SDR approval, therefore the Applicant could receive approval of the zoning and the map aad wait to come forward with the SDR at a later date. Cm. Wehrenberg stated the Applicant has 15 years to build the project therefore it could be some time before the City actually receives any money. Ms. Wilson answered yes. Chair Schaub stated the park is completely funded therefore, the $1.5 million would be extra. Ms. Wilson stated the park will be built in phases, at this time, all of the tenant's spaces are vacant and demolition is anticipated to begin soon. She continued that certain phases of the park are funded. Chair Schaub asked if there is anything in the DA that would allow the Applicant to pay all in- lieu fees instead of building inclusionary units, if the City Council wishes to do that. Mr. Baker (Planning (commission October 14, 2008 W rilular Meeting 118 stated there was nothing in the DA that would preclude them from allowing that but the Council would have to give that direction. He also stated the Applicant would be required to enter into an Affordable Housing Agreement which is not in place currently. Chair Schaub felt that over time the City would require more money in the Affordable Housing fund and less actual housing. Chair Schaub asked Mr. Baker to explain the peak hour trip generation comparison chart. Mr. Baker stated Tim Cremin, City Attorney's office; Jaimee Bourgeois, Traffic Engineer; Mark Lander, City Engineer; and Jerry Haag, Planning Consultant are present to explain the traffic study and specifically the trip generation chart. Cm. Biddle asked if the site was graded for the proposed project or the existing. Mr. Baker answered the site has been mass graded for the existing project and would require only minor grading for the proposed project. Chair Schaub stated that the perimeter that is visible tc day is the same as the initial development. Mr. Baker stated the proposed development would occur within the same footprint and would actually reduce the footprint by creating the open space area along the freeway and reducing the developable area of the project and increasing the overall open space. Cm. King asked if there is freeway access to Schaefer Ranch Rc ad. Mr. Baker answered no. Cm. King asked if the project was originally planned for estate lots. Mr. Baker answered under the current approvals there would be 12 estate lots, at approximately 2 acres each and 24 SFR's. Cm. King was concerned about what houses would be visible from 580. Mr. Baker stated there would be approximately 10 lots visible from the freeway. Cm. King asked were any of the estate houses going to be visible from I-580. Mr. Baker answered it was only the single family homes that would be visible. Cm. Tomlinson explained that basically some of the homes viere visible before and some will still be visible with this project. Mr. Baker commented none of the visible homes would be estate homes. Cm. Biddle stated he appreciates the increase in open space and asked if it will remain open space and owned and maintained by the HOA not the City. Mr. Baker answered it will be maintained through the GHAD not the HOA. Cm. Wehrenberg asked, since the current Commission was not part of the original approvals, what was expected at that time when planning the commercial zoning. She stated that the Commissions intent with the "village" concept of fewer trip;; into the City and include small retail within walking distance; what was the Commission expecting at the time. She stated the Commission reviewed the project as a full project and now the project is coming in pieces. She stated she wanted to avoid this problem in the future and asked why the Planning Commission did not address the commercial zoning at the time it was originally approved. She felt that the project was small and understood that it would not support a store but wanted to understand (Aanning Commission Octo6er14, 2008 Wcgufar.Meeting 119 why it wasn't addressed originally. She felt the project was the opposite of what was intended and asked if this would be the right thing to do because of the market. Mr. Baker answered the project goes back to 1996 when Schafer Ranch was originally approved the project had 10-11 acres of commercial development and at the time it was felt there would be additional development in western Dublin. He stated there was a plan submitted for approximately 3,000 homes as part of a Western Dublin Specific Plan, therefore there would have been considerably more homes to support commercial development. He stated that project has been withdrawn and there is a development moratorium beyond the limits of the Schafer Ranch Development and some factors have changed from the originally anticipated number of homes in the area. He continued in 2006 when the Commission reviewed the PD it was for zoning and the land use designation was already in place, and there was no request to change the zoning. Therefore, the opportunity wasn't there to change the zoning nor did the Council direct any change. The approval in 2006 provided zoning for an existing land use designation to allow the development if the Applicant was able. Cm. Wehrenberg thanked Mr. Baker for his explanation. Cm. King stated there was a proposal in 1993 for a project of 3, 000 homes which was referended and rejected by the voters in Dublin. He felt some of thZLt project would have supported commercial in the area. He continued that in 1998 a plan was submitted for an additional 100 homes which were close enough to the Schaefer Ranch project to support the commercial also. He continued that Dublin adopted a "policy" of discouraging more houses in the west hills and he felt it was not a mistake when the original Schaefer Ranch project was approved, but only because there was an assumption of more support for commercial in the area. Cm. Biddle stated he likes the change from the estate housing to the single family housing units, he felt they are a better fit with the Dublin character. He asked if the minimum lot size of 4500 square feet is typical for Dublin. Mr. Baker stated yes, they would be very similar to other developments. Cm. Wehrenberg asked if the Inclusionary housing would lx! at the City Council's discretion. Mr. Baker answered yes. Jaimee Bourgeois, Traffic Engineer, spoke regarding the traffic study for the Schafer Ranch Initial Study. She summarized the 1996 EIR which analyzed 10.7 acres of a retail/office commercial mix, and the total trip generations that were assumed in the study. She stated this information was used as a part of the environmental review and compared to the EIR, and mitigation measures. She continued that with the current proposal the commercial portion is eliminated, the residential component is reduced, and the day care is included. Therefore, the current proposal reduces the overall trip generation. Ms. Bourgeois stated the from a CEQA standpoint it would be speculative to assume that all the commercial trips would come from within the development. She stated in order to offer a conservative analysis, it was assumed that most of trips would come from outside the development and the fact that the commercial is being eliminated further reduces the trip generation for the current proposal. (Aanning Commission October 14, 2008 (Regurar Meeting 120 Cm. King stated that it would reduce the trip generations within the development but would increase it on Dublin Blvd. Ms. Bourgeois stated that was correct, the residents can no longer shop within the development but that was what was assumed in the 1996 EIR, that the residents would have to drive down Dublin Blvd. to do their shopping and the commercial/ retail within the development would generate trips from outside the development. Cm. King asked how many trips per day the project would generate on Dublin Blvd. Ms. Bourgeois answered they review the peak hours because they are the worst times and build improvements to accommodate those times. Cm. King stated that a normal guideline is for 500 car trips per day on a residential street but Dublin has 1500 car trips per day which he has objected to. His question was for a total trips generated on Dublin Blvd. which he felt was a collector street instead of a residential street. Ms. Bourgeois stated she not have that information readily available. She agreed that Dublin Blvd. is not a residential street and felt that Dublin Blvd. in the downtown area generates over the course of the day experiences approximately 30,000 to 40,000 vehicle trips per day. Cm. King asked what level of service would be at peak hours at the intersection of Silvergate and Dublin Blvd and who decides the level of service. Ms. Bourgeois stated a traffic signal is expected to be installed and that the City of Dublin standard iE if an intersection operates at E or F and satisfies industry standard warrants, then the signal `mould be installed to bring to the operation to D or better. She felt the project would not degrade the level of service from what was included in the EIR. Chair Schaub asked when the traffic signal would be installed. Mark Lander, City Engineer stated that phase 1 of the existing Schaefer Ranch project is required to install a traffic signal at Silvergate and Dublin Blvd. as well as widen Dublin Blvd from Silvergate easterly to Hansen. He felt it would be approximately mid 2009 when the signal and improvements will be completed. Cm. Biddle asked if was anticipated that there would be any traffic signals along Dublin Blvd. in the Schaefer Ranch area. Ms. Bourgeois answered there would be a traffic signal at Dublin Blvd and Schaefer Ranch Road. Chair Schaub opened the public hearing. Doug Chen, Discovery Builders, representing the Schaefer Holdings spoke in favor of the project. He stated the proposal is limited to the acres currently within the development footprint, with the increased density from the current plans by 104 lots and the elimination of commercial, the project is still below the originally approved number of units. He continued that within the developed area they will set aside 11.5 acres of open space; the net overall project will increase but the developed area will decrease. He also stated there would be a greenbelt and trails within the area. He mentioned there wou..d be no additional grading to the project. e?ranning commission October 14, 2008 (Wegular,meeting 121 Cm. King asked if the trail is part of the Conditions of Approval. Mr. Chen answered yes. Cm. Wehrenberg asked if the trail connects to the Dublin bikeways. Mr. Baker stated the trail is not part of the bikeway system but would connect to it. There was a discussion regarding the trails in the Schaefer Ranch development and what agency would be responsible for maintenance. Cm. King asked if it would be possible to plant trees to shield the project from I-580 without blocking the views of the homeowners. Mr. Chen answered that in their landscaping plans there will be a trail along the perimeter of the project and when they submit landscaping plans they will show how that area will be landscaped. Chair Schaub felt the project removed a lot of trees during grading and the Commission would expect that when the Applicant comes back to the Planning Commission for SDR approval they will have a plan for the open space area. Mr. Baker stated the intent for the open space would be to keep the natural landscaping rather than a defined landscaped edge, may be able to work wilh Discovery to provide natural screening and keep the intent of natural landscaping. Cm. King asked how may trees are to be replanted for the overall project. Mr. Chen answered there will be approximately 3000 planted, 2500 of which have already been planted. Cm. Tomlinson asked once the remaining entitlements have been received, understanding the challenging market, when would they move forward with construction. Mr. Chen answered they are currently working on the SDR and have shown the preliminary architecture to Staff and anticipate submitting within the next few months. Chair Schaub asked, realizing this is not a Planning Commission issue, if there is a way to receive part of the $1.5 million sooner due to some requirements for the Heritage Park. Chair Schaub suggested City Council take a look at receiving the motley sooner. Mr. Chen stated the Applicant worked on the DA for several months and their preference would be to approve the Development Agreement then if they need to change elements of it they would review it. Louis Parsons, Discovery Builders, stated they could, in anticipation of approval of these entitlements, of the initial $750,000, provide $350,000 by June 2009 and upon SDR approval provide the balance of the $750,000 and then the additional: $750,00 at the 75th building permit. Chair Schaub asked if the City does not need the fire station, what will happen to the land. Mr. Chen answered a portion of the parcel will be used for parking for the preschool. Tfanning Commission October 14, 2008 (di?ju(ar Illeeting 122 Cm. King stated he noticed trees planted along Dublin Blvd but not many within the project area. Mr. Chen answered most of the trees planted so far are in the mitigation area and are native to the area. Mitch Sigman, School of Imagination, 7567 Amador Valley Blvd., spoke in favor of the project. Mr. Sigman gave an overview of what Discovery Homes is doing for the community and the School of Imagination, also known as Happy Talkers. He wanted to express his gratitude to the City of Dublin and Discovery Homes for a permanent home fo:- their school. Chair Schaub closed the public hearing. Cm. Biddle asked if the property to the west of the Schaefer Ranch project is privately owned. Mr. Baker answered the property directly to the west is tfLe Butch Schaefer residence and beyond that is Alameda County. Cm. Biddle asked if there was any road connection through to the other side to the west. Mr. Baker answered no. Cm. Tomlinson felt it was a worthwhile project; he appreciated the context of the commercial and retail areas, significant other developments on the west side of town with commercial and retail at the edge of the City, those projects don t work. He can see why the retail and office doesn't work in this location the way the project is now. He views this project as cleaning up something from before that didn't work. He felt that the School of Imaginations presentation is a tangible benefit to the community. He stated he is in favor of the project because it has a lower number of units than originally approved, and the type of housing product. In light of the economy and the financial markets, expensive housing requires jumbo loans which are harder to receive. He continued there is more open space, traffic trips are lower which are also reasons to support it. He stated he prefers landscaping the trees on the outside of the sidewalk so that the sidewalk is on the inside creating tree-lined streets which makes for a more visually appealing project. Cm. Wehrenberg agreed with Cm. Tomlinson and felt it was a good presentation; she appreciated hearing the history of the project. She agreed with the findings and rezoning but questions whether the project is right for inclusionary housing. Cm. Biddle also agreed and felt this type of housing is a better fit for the community; he likes the increase in open space, but was searching for a way to increase the public/semi-public land but didn t feel there was a good option with this project. He felt the "village" concept would not work for this project. He stated he is in favor of the project. Cm. King felt it was a complicated decision. He stated he rr.et with Mr. Chen approximately one year ago who gave him a tour of the area and he also discussed it with the Mayor. He felt there were two things that complicated his decision; 1) the School of Imagination focuses on autistic children, he has a step-son who was diagnosed autistic so he would be very supportive of that use; 2) he is concerned with the need for a community theater. The Historical Park includes a theater; therefore it was good to hear that the funding will go towards the park and theater. He stated his philosophy of the planning process is that those considerations are not valid considerations for land use planning. He felt the questioon was is it consistent with land use and specific plans and can we make the findings regarding safety and consistency with the Aanning Commission Octo6er 14, 2008 (Rrgufar Meeting 123 rest of the area. He was concerned with the environmental issues because the Army Corp of Engineers was concerned about the red legged frog in the area so the project was forced to cut back because of those concerns. He wondered how to add homes without encroaching on the environmental concerns that were raised. He felt that the reality is that the proposed project is part of the land within the project and is not close to the area that was of concern to the Army Corps of Engineers therefore, there is no environmental issue. Cm. King further stated he has encouraged retail in residentia.i areas in order to reduce traffic. He stated the retail would create traffic in different directions, some residents could walk therefore reducing traffic, but then it would encourage traffic from other parts of Dublin. He stated the traffic engineer explained that if the project was approved it would result in a net reduction in vehicle trips on Dublin Blvd. He felt that it made sense that the retail would save some trips but there is are residents who would drive west to the store. He felt traffic would not be a problem. He felt his responsibility is to find reasons why the project should not be approved. He stated the current: policy of the City of Dublin is to discourage building in the west hills and mentioned that Valley Christian was not allowed. to build housing because of that policy. He continued this project was approved before the policy was adopted so he could not find a planning reason to vote against it based on the current policy. He mentioned Measure M was adopted in 2000 which requires any additional housing ir. the west hills to be voted on by the residents. He stated it was understood that the Schaefer Panch project was excluded from Measure M. He felt there should have been fewer homes in the west hills based on the General Plan which called for the area to be retained as a greenbelt. Cm. King stated he is in favor of the project. Chair Schaub is in favor of the project. He is personally aware of the good work that Happy Talkers does. He commended the developer for the good work they have done for the community. Mr. Baker asked Mr. Parsons to confirm their proposal for the $1.5 million. Louis Parsons, Discovery Builders agreed that they would mace a payment of $350,000 on June 1, 2009, then at approval of SDR or issuance of first building permit whichever comes first, the balance of the $750,000 will be paid, and then with the issuance of the 75th building permit the remaining $750,000 would be paid. Mr. Baker stated the Commission could make that recommendation to the Council. Chair Schaub asked to have that agreement stated in the recommendation to the Council. On a motion by Cm. Biddle and seconded by CM. Wehrenberg, on a vote of 5-0, the Planning Commission approved the following resolutions, with a recommendation for the above modifications to the DA: RESOLUTION NO. 08 - 29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 1'Ginning Commission October 14, 2005 Wggu(ar Meeting 124 RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE CITY OF DUBLIN GENERAL PLAN TO CHANGE THE EXISTING ESTATE RESIDENTIAL, SINGLE-FAMILY RESIDENTIAL, AND RETAIL/OFFICE LAND USE DESIGNATIONS TO SINGLE-FAMILY RESIDENTIAL, OPEN SPACE AND PUBLIC/SEMI-PUBLIC LAND USE DESIGNATIONS FOR THE PROJECT KNOWN AS SCHAEFER RANCH SOUTH (APNs 941-2832-027 to 028, and 031 to 032, 941-2835-001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021) PA 08-005 RESOLUTION NO. 08 -30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS SCHAEFER RANCH SOUTH (APNs 941-2832-031 to 032, 941-2835-001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021) PA 08-005 RESOLUTION NO. 08 - 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM TO THE 1996 FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SCHAEFER RANCH PROJECT AND A RELATED INITIAL STUDY (APNs 941-2832-027 to 028 and 031 to 032, 941-2835-001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021) PA 08-005 RESOLUTION NO. 08 - 31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING VESTING TENTATIVE TRACT MAP 8000 FOR A 41.541-ACRE AREA WITHIN THE PROJECT KNOWN AS SCHAEFER RANCH SOUTH (APNs 941-2835-001 to 003, and 052 to 075, and 941-2837-010 to 021) PA 08-005 RESOLUTION NO. 08 -32 Aanning Commission October 14, 2008 ?degular'Meeting 125 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND SCHAEFER RANCH HOLDINGS LLC (APNs 941-2832-027 to 028, and 941-2835-001 to 003, and 052 to 075, and 941-2837-010 to 021) PA 08-005 NEW OR UNFINISHED BUSINESS - NONE OTHER BUSINESS - NONE 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). 10.2 Community Design Element: was approved by the Cite Council with two modifications. The City Council removed the implementation measure for the creation of districts for neighborhoods and also the policy regarding freeway si gnage. 10.3 Medium Density: City Council decided not to adopt the proposed amendments to the General Plan and instead decided to retain the existing medium density designation rather than creating two new designations, and require that 50% of those homes within the designation for the Croak and Jordan properties have a usable yard area. Staff is working on the revisions which will be brought before the Planning Commission for recommendations to the City Council. ADJOURNMENT - The meeting; was adjourned at 9:00 p.m. Respectf ully submitted, i??46 Bill Schaub Chair Plimning Commission ATTEST: ary o n, Al Plannin ager G:\ MINUTES \ 2008\ PLANNING COMMISSION',10.14.08.doc Aanning Commission October 14, 2008 ?Regufar `Meeting 126