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HomeMy WebLinkAbout06-14-2005 PC Minutes Planning COl11mission Minutes CALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, June 14, 2005, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:15pm. ROLL CALL Present: Chair Schaub, Commissioners Biddle, Fasulkey, King and Wehrenberg; Jeri Ram, Planning Manager; Richard Ambrose, City Manager; Michael Porto, Planning Consultant; Kristi Bascom, Senior Planner; Jeff Baker, Associate Planner; and Renuka Dhadwal, Recording Secretary. ADDITIONS OR REVISIONS TO THE AGENDA Chair Schaub moved Item 6.2 to the end of the meeting. MINUTES OF PREVIOUS MEETINGS - The May 24, 2005 minutes were approved as submitted. ORAL COMMUNICATION 6.1 At this time, members of the audience are permitted to address the Planning Commission on any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Furthermore, a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Manager (no later than 11:00am, on the Tuesday preceding a regular meeting) to have an item of concern placed on the agenda for the next regular meeting. 6.2 Brown Act /Conflict of Interest & Ex Parte Contacts Training - Revised to put it at the end. John Bakker presented this item and explained the Brown Act/Conflict of Interest & Ex Parte Contacts for the benefit of the Planning Commissioners. Chair Schaub stated that he would like added to the agenda whether a project is a quasi-judicial hearing item. WRITTEN COMMUNICATIONS 7.1 CIP Conformance 65402 Chair Schaub asked for the staff report. Richard Ambrose, City Manager presented the specifics of the staff report and was available to answer questions. Cm. Wehrenberg asked about Project 96870 St. Patrick's Way - Regional Street to Golden Gate Drive and the future BART Station in this area and why the City is moving forward. (}!(anrrÍ1la Commission 78 June 14, 2005 lJ.Wufar 9deetine Mr. Ambrose explained that there is a West Dublin BART Station and the platform was installed as part of the original extension in the vicinity of Golden Gate Drive. He stated that he has met with the BART General Manager and their Real Estate Staff earlier this month. They would like to issue bonds and commence construction this fall provided they have cooperative financial partners which include the City of Dublin, City of Pleasanton, and the County of Alameda. The City originally adopted an MOU with BART in respect to the City's participation financially in the project. Because of the amount of time it has taken to move this project forward, as well as the increase cost of construction, the cost has gone up. They will be coming back to each of the agencies to determine whether the MOU can be reformatted. If that is achievable, their plan is to move ahead this fall. The City will then be in the position of needing to acquire right-of-way. Chair Schaub asked if St. Patrick's Way will go behind Orchard Supply Hardware down to Cor-O-Van. Mr. Ambrose stated yes. He stated that the City Council has adopted an alignment along the future extension of St. Patrick's Way that goes behind Orchard Supply Hardware and connects to Regional Street. Chair Schaub asked if Cor-O-Van would come out. Mr. Ambrose stated that Cor-O-Van will come out when the private developer is ready for Cor-O-Van to come. Cm. Biddle asked if there will be a change in priorities due to this project. Mr. Ambrose stated that this is one of many projects the City has, and Staff is sorting through to determine how they can be accomplished. Chair Schaub asked if San Ramon could be a part of this. Mr. Ambrose the garages would be physically located in Dublin and Pleasanton. Cm. King asked about the Community Theater Cultural Arts Center and what does the City have in mind in terms of building this from the ground up or renting an existing building. Mr. Ambrose stated that has been identified in the Public Facility Impact Fee Program Study as a potential facility. Chair Schaub suggested a bike trail from west Dublin to east Dublin. Mr. Ambrose stated the City is looking at that and have received grant funding for it. Cm. Fasulkey asked about the Tri-Valley Triangle Study and asked how that will affect Dublin as the City goes forth and whether Pleasanton is participating equally in this study. Mr. Ambrose stated the City of Dublin has gone to great lengths to keep everyone working together. The purpose of the study is to identify which segments of the highway infrastructure 580,680,84, etc. are the most important to build first. The agencies do want to stay together as a Valley. Cm. Fasulkey asked if Dublin Boulevard is an overflow to the 580 freeway. (}!(annme Commission lJ.Wufar 9deeting 79 June 14, 2005 Mr. Ambrose stated yes. On motion by Cm. Wehrenberg, seconded by Cm. Fasulkey, by a vote of 5-0 the Planning Commission unanimously approved RESOLUTION NO. 05 - 34 A RESOLUTION OF THE PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN FINDING THAT THOSE PROJECTS COVERED IN THE ADOPTED GENERAL PLAN AS PART OF THE FISCAL YEAR 2005-2006 UPDATE TO THE 2004-2009 CAPITAL IMPROVEMENT PLAN (CIP), OF THE CITY OF DUBLIN ARE CONSISTENT WITH THE ADOPTED CITY OF DUBLIN GENERAL PLAN PUBLIC HEARINGS 8.1 P A 04-043 Dublin Ranch Area F North Site F-2 Development Agreement - An Ordinance approving a Development Agreement between the City of Dublin and Pulte Homes. The Development Agreement is required by the Eastem Dublin Specific Plan. Items included 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. Chair Schaub asked for the staff report. Jeri Ram presented the specifics of the project as outlined in the staff report. Chair Schaub asked if there were any questions for Staff. Cm. Biddle asked for clarification of the project location. Ms. Ram indicated the location of Area F-2 on the color board presented by Staff. Chair Schaub opened the public hearing. Rodger Miller, Pulte Homes, 6210 Stoneridge Mall Road stated that he would like to thank Staff for their work on the Development Agreement and could answer any questions. Chair Schaub asked when would the project start construction. Mr. Miller stated that construction has already been initiated. Cm. Biddle stated these homes are relatively low density. Mr. Miller stated these are the largest single family lots left in Dublin Ranch which are approximately 5000 sq. ft. Chair Schaub asked if anyone else wished to speak; hearing no other comments Chair Schaub closed the public hearing. (}!(annme Commission 'tigufar 9deetin¡J 80 June 14, 2005 On motion by Cm. Biddle, seconded by Cm. King, by a unanimous vote 5-0, the Planning Commission approved RESOLUTION NO. 05 - 35 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR P A 04-043 DUBLIN RANCH AREA F NORTH SITE F-2 FOR PUL TE HOMES 8.2 PA 05-011 New Start Day Care - Conditional Use Permit for a Large Family Daycare (up to 14 children) The proposed project is a request for a Conditional Use Permit application for a large family daycare in a single-family home located at 5481 Asterwood Drive in Dublin. The applicant currently operates a small family daycare in this location and proposes to expand the operation. The property is zoned PD Planned Development and the General Plan designation is single-family residential. Large family daycare homes (up to 14 children) are permitted in this zoning district upon approval of a Conditional use Permit. Chair Schaub asked for the staff report. Jeff Baker, Associate Planner presented the staff report. A Conditional Use Permit for a Large Family Day Care had previously been approved for the property at 5491 Asterwood Drive. A letter was provided by the Applicant, Mr. Dixon, indicating that Ms. Chuang, the property owner of 5491 Asterwood Drive, signed and agreed to abandon the CUP. Staff received a letter today from Ms. Chaung stating she did not write the letter and has not agreed to abandon the CUP. The Applicant subsequently made a verbal request to withdraw his application. The Permit Streamlining Act requires that the Planning Commission take action on this item tonight. Based on the potential concentration of Large Family Day Care facilities in this area, Staff recommends denial of this request. John Bakker, City Attorney explained that the recommendation is for denial. The denial would be without prejudice which would allow the Applicant to come back at a later date. Chair Schaub opened the public hearing and hearing no other comments he closed the public hearing. Chair Schaub stated for the public record that he was a little taken back that this came up, and to consider that 14 kids would be attending the daycare. Mr. Bakker stated that the Planning Commission's denial will be based on the fact that having two daycare uses in the same location would be incompatible with the surrounding land uses. Staff will return at the next meeting with a formal resolution of denial, but the Planning Commission's action will effectively be for the purposes of the permit streamlining act. The Planning Commission by a unanimous vote denied the project based on the potential of an over concentration of uses in that area. 8.3 P A 04-047 Dublin Nissan Conditional Use Permit and Site Development Review - The proposed project consists of a Conditional Use Permit (CUP) and Site Development Review (SDR) for the establishment of an automobile/vehicle storage lot on the southernmost acre of the three-acre parcel at 6085 Scarlett Drive. (}!(anmng Commission 'tilJufar 9deetin¡¡ 81 June 14,2005 Chair Schaub asked for the staff report. Kristi Bascom, Senior Planner presented the specifics of the project as outlined in the staff report. Chair Schaub opened the public hearing. Joe Murphy, representing the property owner stated it is a straight forward project and was in agreement with conditions. He asked for clarification on the fence condition. Ms. Bascom stated that one of the conditions of approval is that Staff and Police Services have a final review of the fencing plan. Typically, Police Services will forego fencing as long as there is an 18 inch curb which would hinder someone from driving cars off the site. Cm. King asked how long they have been parking cars there. Mr. Murphy stated that the Volkswagen Dealership there previously was parking cars and Nissan has been there for two years. Ms. Bascom stated that originally a Temporary Conditional Use Permit was approved for Volkswagen to allow them to park their vehicles during construction of their dealership. Cm. King asked if there have not been any problems with vandalism on the site. Mr. Murphy stated there has not been anything unusual. Chair Schaub stated that this area of Dublin is becoming well developed and there may not be the need to spend time on a specific plan for the Scarlett Court area. Chair Schaub closed the public hearing and asked for a motion. On motion by Cm. Biddle, seconded by Cm. Fasulkey, by a vote of 5-0, the Planning Commission unanimously approved RESOLUTION NO. 05-36 A RESOLUTION OF THE PLANNING COMMISSION APPROVING SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILF/VEHICLE STORAGE LOT IN A M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AT 6085 SCARLETT DRIVE ASSESSOR PARCEL NUMBER 941-0550-019-09 8.4 P A 05-004 Safeway Conditional Use Permit and Site Development Review - Safeway, Inc. has requested approval of a Site Development Review and Conditional Use Permit for an amendment to their Master Sign Program to install a electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard. Chair Schaub asked for the staff report. Kristi Bascom, Senior Planner presented the specifics of the project as outlined in the staff report. (}!(anning Commission 'tilJufar 9deetin¡J 82 June 14, 2005 Chair Schaub asked if there are lights inside the monument sign. Ms. Bascom stated yes. Chair Schaub asked if they are neon lights or incandescent? Ms. Bascom stated that could be referred to the Applicant. Cm. Wehrenberg asked if the sign has been there since the beginning. Ms. Bascom stated yes. Chair Schaub stated that report states there are two reasons why Safeway wanted to change their sign. The first was to allow the attendant to be able to change the gas prices electronically from inside the cashier enclosure increasing safety for the attendant. The second reason is according to the Applicant the LED products are approximately 90% more efficient. He asked Staff if both of these reasons were given to the City. Ms. Bascom stated yes and was provided in Safeway's written statement. Chair Schaub opened the public hearing. Kirk Kessler, Young Electric Sign Company and Bruce Hunt, Safeway thanked Staff and was available to answer any questions. Cm. King asked why they want to change their sign. Based on the PowerPoint presentation, it appears that the current sign is easier to read. Mr. Hunt stated the proposed sign would actually be easier to read. Ms. Bascom stated the image on the PowerPoint was scanned in, which could be the reason it appears the way it does. Cm. Biddle asked if any trenching will be required to make the change. Mr. Kessler stated it will not require any trenching. It will only require sliding new modules in and will actually use less electricity. Cm. Fasulkey asked Mr. Hunt if it has improved the traffic flow or volume. Mr. Hunt stated that it helps in that it is easier to read and people are not slowing down to read the sign. Cm. Fasulkey stated that there is a lot of traffic issues with that parking lot. Safeway made a commitment to not create a traffic problem when they were first approved. The site has traffic problems. He would oppose the sign on principal only. Chair Schaub stated that in his perfect world the station would be shut down. It is his belief that it will not save electricity because it will be illuminated the entire day and was offended by the two reasons Safeway wishes to change the sign. He stated that he loves the store but cannot shop there on the weekends because of the traffic problem. Cm. King stated for the record his wife will not shop there either. (}!(annme Commission 'tilJufar 9deeting 83 June 14, 2005 Stan Lamb, Operations Manager for northern California fuel stations addressed the concerns of traffic that the Commission expressed. He stated that they have done over and above their level of commitment with this fuel station. There is a person there directing traffic and doing everything they can with the size limitation of the lot. Chair Schaub stated as a Planning Commissioner answering for the residents, it is not working. Mr. Lamb stated there are 15,000 customers a week that do shop there that disagree. Chair Schaub closed the public hearing. Cm. King stated the gas station is not viable there in terms of intelligent land use planning and traffic planning. He does not have an objection to it because it is only changing from one sign to another. Cm. Fasulkey stated it could create added traffic. Safeway stated when previously approved that they would keep their price above the prevailing market for the purposes of controlling the overflow of traffic. This was an oversized store on an undersized lot and they threw a gas station in at the last minute. Cm. Wehrenberg what is front of the Planning Commission is a sign change. That is what we should focus on and the Planning Commission cannot go back and correct something that was done a few years ago. Cm. Biddle, stated that the gas station has made the traffic worse. Chair Schaub LED is brighter than the sun during the day. At night time, he would like to stipulate they step down the illumination a little. A condition to that effect should be added to the resolution. The Planning Commission discussed this option. Cm. Biddle concurred with Chair Schaub about stepping down the lights at night time. The Applicant was in agreement and stated that it would be possible to do that. On motion by Cm. Fasulkey, seconded by Cm. Biddle to deny the Conditional Use Permit based on code enforcement issues and that it attracts nuisance traffic to the parking lot, by a vote of 4-1, with Cm. Wehrenberg opposed to the denial Chair Schaub opened the public hearing, to allow the Applicant to speak. Mr. Lamb asked the reasons for code enforcement issues. Cm. Fasulkey explained that the sign attracts the traffic. Chair Schaub stated that the Planning Commission cannot make findings to approve the project. Mr. Bakker stated that Staff will bring back a resolution at the next Planning Commission meeting at which the Commission will adopt a formal written denial for the project. Ms. Ram explained the appeal period for the Applicant's benefit. (}!(annin¡¡ Commission 'ti¡¡u!ar 9deetme 84 June 14, 2005 NEW OR UNFINISHED - None OTHER BUSINESS Ms. Ram asked the Commissioners to add to their calendars a field trip scheduled for July 23, 2005. Cm. Wehrenberg stated that she would not be at the next Planning Commission meeting. ADJOURNMENT - The meeting was adjourned at 9:10 p.m. ReSp¡)~~ Planning Commission Chairperson ATTEST: ræ: (}!(annme Commission lJ.Wufar 9deeti.ne 85 June 14, 2005