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HomeMy WebLinkAbout09-28-2004 PC Minutes Planning Commission Minutes CALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, September 28, 2004, in the Council Chambers located at 100 Civic Plaza. Chair Fasulkey called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Fasulkey, Nassar, Jennings, King, and Machtmes; Jeri Ram, Planning Manager; Pierce Macdonald, Associate Planner; Marnie Nuccio, Assistant Planner; and Maria Carrasco, Recording Secretary. ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - September 14, 2004 were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS 8.1 P A 00-015 Termination of Commerce One Development Agreement. An Ordinance terminating a Development Agreement between the City of Dublin, Alameda County Surplus Property Authority and Commerce One. Items in the Development Agreement include, but are not limited to, the financing and timing of infrastructure, payment of traffic, noise and public facilities impact fees, improvements of roads, and general provisions. The Development Agreement is being terminated because the project (Commerce One Headquarters) has been withdrawn and a new project has been approved in its place. Cm. Fasulkey opened the public hearing and asked for the staff report. Ms Ram stated the previously approved Commerce One project is located at 1-580 and Arnold Road within the Eastern Dublin Specific Plan area. Commerce One made a business decision to not pursue the project. Subsequent to that, the property owner, Alameda County Surplus Property Authority, negotiated with Ikea to develop the site. The Ikea Project was approved by the City Council in March of this year. The Ikea Project also contained a Development Agreement as required by the Eastern Dublin Specific Plan. As a clean up item, Alameda County Surplus Property Authority has now requested that the Development Agreement with Commerce One be terminated. Staff concurs that it is necessary to cancel this Development Agreement and concluded her presentation. Pat Cashman, Alameda County Surplus Property Authority stated that they initiated a letter to the City in July. This Development Agreement has no affect and confuses title for the private parties. He stated that they requested it be terminated. Cm. Fasulkey asked if there were any further questions for Staff or Mr. Cashman; hearing none he closed the public hearing. iPfanning Commission (j{ffJ ulàr ~'11 ecting 166 September 28, 2G04 On motion by Cm. King, seconded by Cm. Jennings, by a vote of 5-0, the Planning Commission unanimously adopted RESOLUTION NO. 04- 58 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE CANCELLING THE DEVELOPMENT AGREEMENT FOR P A 00-015 COMMERCE ONE HEADQUARTERS Cm. Nassar asked if the City could deny such a request. Ms. Ram said if there were issues with the developer; but in this case there is no project, no development and therefore no issues. 8.2 P A 03-057 Grayson Industrial Building Conditional Use Pennit/Site Development Review. Request for a Conditional Use Permit and Site Development Review to amend the PD, Planned Development Zoning District, also known as the 1411 Z.D., and to expand an existing warehouse building from 4,620 square feet to a maximum of 11,917 square feet. Cm. Fasulkey opened the public hearing and asked for the staff report. Ms. Nuccio presented the staff report and explained that the existing warehouse building located at 6310 Houston Place was constructed in the late 1960's and is currently vacant. Previous uses included automotive repair and service, a diesel fueling station, and a truck weighing station. The project site is located within the 1411 Z.U. a PD, Planned Development Zoning District, established in 1979 by Alameda County Board of Supervisors Ordinance 79-82. The Applicant, Cary Grayson of G & G International Holding Group, is requesting approval of a Conditional Use Permit to amend the existing PD, Planned Development Zoning District regulations for the 1411 Z.D. as it pertains to permitted uses and off-street parking for the property located at 6310 Houston Place. Mr. Grayson is also requesting Site Development Review approval to expand the existing warehouse building from 4,620 square feet to 11,917 square feet and provide 29 off-street parking spaces. There are no known tenants for the proposed project at this time. The Applicant is requesting approval of a Conditional Use Permit to amend the 1411 Z.U. PD, Planned Development Zoning District Development Plan as it pertains to permitted use types and off-street parking. The Off-Street Parking and Loading regulations (Chapter 8.76 of the Zoning Ordinance) sets forth the minimum parking requirements for all use types. These minimum parking requirements must be met in order for a use type to be adequately served with off-street parking. A review of the 24 permitted use types within the 1411 Z.D. PD Zoning District revealed that increasing the size of the existing building from 4,620 square feet to 11,917 square feet decreases the amount of on-site surface parking areas at 6310 Houston Place. As a result, there would not be adequate space available to provide the required off-street parking stalls per the Ordinance for all permitted use types. To address the potential lack of off-street parking, 4 use types from the list of permitted uses would be removed as it would be virtually impossible to provide the minimum number of parking stalls required per the Zoning Ordinance. The 4 use types proposed to be removed are a bank, an eating and drinking establishment, health services, and a school! commercial facility. The Applicant is also requesting approval of Site Development Review to expand the existing warehouse building from 4,620 square feet to 11,917 square feet. The site is rectangular in shape and currently iPfanmng Commi:ision (j{fffuhr ~'I1eetinff 167 SeptemEer 28, 2004 developed with a 4,620 square foot warehouse building, a 1,610 square foot canopy, a truck scale, and a diesel fueling station. The truck scale and fueling station would be removed as part of the proposed site development review. The existing canopy would be enclosed and the warehouse building would be expanded to 11,917 square feet. Staff recommends that the Planning Commission adopt the Resolution approving a Conditional Use Permit and Site Development Review to amend the PD, Planned Development Zoning District also known as 1411 Z.u. and to expand an existing warehouse building located at 6310 Houston Place. Staff concluded their presentation and was available for questions. Cm. Fasulkey asked if there were any questions of Staff. Cm. King asked what else is on Houston Place. Ms. Nuccio responded Kahler's Automotive is on the corner, Flow Components, AT&T Storage Yard, the San Francisco Chronicle and Velocity Sports Performance are in the old Caton Moving and Storage building, and across the street are apartments. Cm. King asked what structure is in between Dougherty Road and Houston Place. Ms. Nuccio responded that Kahler's Automotive fronts Dougherty Road and the rear portion of their property buts up against the side of the Grayson property. Cm. Nassar asked for clarification on Staff's recommendation and the three options proposed. Ms. Nuccio stated that the three options were given for flexibility but the Applicant would prefer: Option 1 (Provide 29 off-street parking stalls for a ±-11,917 square foot building. This option would maximize the building area while providing enough parking for a laboratory, light industrial, or warehousing and distribution use. The other two options are available should there not be enough parking. Cm. Nassar asked if the Applicant went with option 1 would the use type be specified. Ms. Nuccio responded yes; the use type would be specified. Cm. Fasulkey called for the Applicant. Mr. Grayson thanked Staff. He explained that the project is a dilapidated building and would like to bring some harmony to the area. He really wants to get the building up and going. Cm. Fasulkey asked how long he owned the building. Mr. Grayson responded 2 years. Cm. Jennings asked what would be the impacts if option 3 was approved rather than option 1. Mr. Grayson stated that financially it would be better to leave the building in its current state. Cm. Jennings asked when the fuel tanks would be removed. Mr. Grayson responded within the next couple weeks. œlÍ1nnil1ff Commission (j{mulÍ1r ~'I1eeti!1ff 168 Septf-'11lEer 28, 2004 Cm. Jennings asked what type of retail he would envision there. Mr. Grayson said something like Kelly Moore paint or a construction business. Denny Kahler, 6117 Dougherty Road, stated he owns the building directly in front of the Grayson building. He is in favor of having the site cleaned up. His only concern is the parking situation. It has always been tight with parking. The building to the south (Quality Tune-Up) has no parking and use the street to park. Cm. King asked Mr. Kahler what type of business he owned. Mr. Kahler stated Porsche, Mercedes and BMW repair and service. Cm. King asked how long he has been there. Mr. Kahler responded he has been in Dublin since 1974. Cm. Fasulkey closed the public hearing. Cm. Fasulkey asked Staff to refer to the parking conditions. Ms. Nuccio stated that on page 2 and 3 of the resolution is the text of the PD Amendment which includes language that requires future tenants of the building to get zoning approval prior to occupying the building to ensure adequate parking. Also the minimum parking requirements in the Zoning Ordinance must be met in order to occupy the site and that parking exceptions may be granted in accordance with the Zoning Ordinance. Cm. Fasulkey complimented Staff for putting together a cooperative solution for a highly troubled property. Cm. Jennings asked if there were any auto lifts in the City of Dublin. Ms. Nuccio responded yes at Kahler's Automotive. There was discussion between the Planning Commission regarding the automobile lifts. Ms. Nuccio stated that the automobile lifts are intended to be used when there is an automotive repair type use. It is not intended for customer parking. Ms. Ram stated the intent is that when the City receives a proposal from a tenant, Staff could look at that specific use for the site. Cm. Nassar stated the Applicant's desire would be option 1. Ms. Ram stated Staff is recommending approval of option 1; but Mr. Grayson may come back before the City based on the specific tenant use. Cm. Fasulkey liked option 1 but asked the Planning Commission their opinion. iP[all!1Ì11ff Commission <1{çffuhr ~1.1eetínff 169 SeptemEer 28, 2004 Cm. King asked what does the City plan for Dougherty Road. The uses that have been eliminated are ideal uses next to a residential area. Cm. Nassar was in favor of option 1. On motion by Cm. Nassar, seconded by Cm. Machtmes, by a 3-2 vote, with Cm. Jennings and King opposed the Planning Commission adopted RESOLUTION NO. 04-59 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO AMEND THE PD, PLANNED DEVELOPMENT ZONING DISTRICT ALSO KNOWN AS THE 1411 Z.U. AND TO EXPAND AN EXISTING WAREHOUSE BUILDING LOCATED AT 6310 HOUSTON PLACE (APN 941-0550-067) P A 03-057 Ms. Ram explained the appeal process. 8.3 PA 04-035 City of Dublin General Plan and Eastern Dublin Specific Plan Amendment to Incorporate the Land Use Changes of the Parks and Recreation Master Plan, Semi-Public Facilities Policy, and Associated Text Revisions. Cm. Fasulkey opened the public hearing and asked for the staff report. Pierce Macdonald gave a brief description of the project and advised the Planning Commission that the item was for a General Plan and Eastern Dublin Specific Plan Amendment. It is a City initiated amendment to reflect recent City Council decisions regarding the Parks and Recreation Master Plan, the Semi Public Facilities Policy and the updated General Plan Housing Element. The action before the Planning Commission is whether or not to recommend these amendments to the City Council for adoption. She stated she was available to answer any questions. Cm. Fasulkey asked the Planning Commission if they read the materials and are comfortable with the recommendation_ Pat Croak stated he is involved with the property on Croak Road. He stated that the dispersal of parks needs to be more balanced. He suggested that the Commission look at that as they move forward. Cm. Jennings asked the location of the Croak property. Mr. Croak showed the Planning Commission on the General Plan map. Cm. Nassar asked Mr. Croak for clarification on what exactly is the negative issue regarding the parks. Mr. Croak said they would have a difficult time achieving the unit count build out if there is an over abundance of neighborhood space. The closer the parks are to residential areas the better. Cm. Fasulkey closed the public hearing. He clarified that the proposed amendment does not address the specific location of parks. Ms. Macdonald stated correct; the current amendment does not change the parks on the Croak property. Cm. Nassar asked Staffs opinion regarding Mr. Croak's comment on the park locations. iP[all!1illfJ Com miss-ion <1{m ulàr :11 eetÙ1ff 170 SeptemEer 28, 2004 Ms. Ram said the City recently adopted a new Parks Recreation and Master Plan that looked at the needs for the City regarding parks. It revaluated its existing assumptions to see whether anything needed to be changed. The Plan recommended changing the designation of a park that is in the mitigation area for Dublin Ranch and re- labeling the park on Tassajara Road as a Regional Park. There were no other changes. When the Eastern Dublin Specific Plan and General Plan Amendment were laid out, it looked at the location of the parks and where they would best be served. Cm. King asked if approval of these amendments will set in stone the location of the parks. Ms. Ram said it is the general location of the parks. The parks that are on Mr. Croak's property are shown in the City's planning documents. On motion by Cm. King, seconded by Cm. Jennings, by 5-0 the Planning Commission unanimously adopted RESOLUTION NO. 04- 60 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT TO INCORPORATE THE LAND USE CHANGES OF THE PARKS AND RECREATION MASTER PLAN AND THE SEMI-PUBLIC FACILITIES POLICY; TO AMEND THE GENERAL PLAN LAND USE MAP (FIGURE l-lA), EXHIBIT A-l; TO AMEND THE EASTERN DUBLIN SPECIFIC PLAN LAND USE MAP (FIGURE 4.1), EXHIBIT A-2; AND TO ADD ASSOCIATED TEXT CHANGES FOR PA 04-035 NEW OR UNFINISHED BUSINESS - None OTHER BUSINESS (Commission/Staff Informational Only Reports) Ms. Ram stated that the Bryant deck was appealed by the neighbors and will go before the City Council. Cm. King asked the status of the Goodwill Redemption Center. Ms. Ram said it was appealed and then withdrawn by the Applicant. ADJOURNMENT - The meeting was adjourned at 8:00 p.m. Respectfully submitted, Planning Commission Chairperson Attest Planning Manager iP[annilllJ Commiss-ion (j{f!Juhr ~~1eetínff 171 September 28, 2004