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HomeMy WebLinkAbout12-12-2006 PC Minutes Planning C omnlissionMinutes CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, December 12, 2006 in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:01 p.m. Present: Chair Schaub, Commissioners Biddle, Fasulkey, and King; Jeri Ram, Community Development Director; Mary Jo Wilson, Planning Manager; Jeff Baker, Senior Planner; John Bakker, City Attorney; Bonnie Terra, Alameda County Fire Marshall; and Rhonda Franklin, Recording Secretary. ADDITIONS OR REVISIONS TO THE AGENDA Chair Schaub suggested placing the New Business and Other Business sections of the agenda before the Public Hearing section. The Planning Commissioners and Staff agreed. MINUTES OF PREVIOUS MEETINGS The November 28, 2006 minutes were approved as submitted. Cm. Fasulkey abstained from the vote. NEW OR UNFINISHED BUSINESS Ms. Mary Jo Wilson, Planning Manager, stated that the December 26,2006 Planning Commission meeting is cancelled due to the holiday. Ms. Wilson, on direction of the City Council, asked the Planning Commission to elect a Planning Commissioner to sit on an evaluation committee to select a consultant to work on the Downtown Specific Plan and Design Element of the General Plan. The Planning Commissioners elected Chair Schaub to sit on the committee, and Chair Schaub accepted. Ms. Wilson explained that due to the recent pullout of IKEA, the Blake Hunt development group has planned to develop the former IKEA site and its adjacent site as one commercial development. In an effort to determine design ideas desired by the Planning Commission, Staff would like to take the Planning Commission on a driving tour on Saturday, January 20, 2007, to view commercial developments in nearby cities. Staff is also proposing to hold a special Planning Commission meeting on Tuesday, January 30, 2007, for a Study Session to review and discuss initial concepts for the project. Ms. Wilson asked the Planning Commission to notify Staff on whether the dates proposed are acceptable. Ms. Wilson informed the Planning Commissioners that the Planners Institute & Mini Expo will be held March 21-23, 2007. Vice Chair Wehrenberg asked if they would be able to tour commercial developments while there, and Ms. Wilson stated that they could do so if time permitted. CONSENT CALENDAR - NONE (j'lanning Commission 1iIfffnr.lr :Meeting 127 Decemoer J 2, 20{)6 ORAL COMMUNICATIONS - NONE WRITTEN COMMUNICATIONS - NONE OTHER BUSINESS 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). The Planning Commissioners did not have any items to report. Cm. Fasulkey asked about the status of the Elephant Bar project. Ms. Mary Jo Wilson, Planning Manager, explained that the project is currently in the Plan Check process. Cm. Fasulkey asked about the status of the Dublin Place project. Mr, Jeff Baker, Senior Planner, explained that the project is currently in the Plan Check process. Vice Chair Wehrenberg expressed concern about the lack of progress on the proposed addition of pedestrian walkways near the entrance of the Home Expo store. Ms. Wilson stated that she would relay the concern to the Home Expo. PUBLIC HEARINGS 8.1 P A 06-024 Inspiration Circle Firebreak - Site Development Review to modify the location of the existing 15' wide firebreak easement and rear yard fences at 10872,10876,10880, and 10884 Inspiration Circle. Chair Schaub recused himself from the remainder of the meeting as advised by the City Attorney. Vice Chair Wehrenberg asked for the Staff Report. Mr. Jeff Baker, Senior Planner, presented the specifics of the project as outlined in the Staff Report. Cm. Fasulkey asked how this application differs from a similar application for this location that was heard before the Planning Commission in November 2002. Mr. Baker explained that the Hansen Hills Homeowners Association (HOA) Board has expressed support of this application, unlike the application of the past. Vice Chair Wehrenberg sought clarification on why Condition of Approval #3 requires the Covenants, Conditions & Restrictions (CC&Rs) to be amended. Mr. John Bakker, City Attorney, explained that when the project was approved, the City asked that the firebreak location be included in the CC&Rs; thus an amendment to the firebreak location would result in an amendment to the CC&Rs. :P[aflflUlg ('ommi\'Sim, 1iIfffiJr.tr ),feeling 128 'Decemoer J 2, 20{)6 Cm. Biddle asked if there were other developments with firebreaks located on private property. Mr. Baker stated that this development is unique; however, both situations exist: developments with firebreaks located on private property and developments with firebreaks located on open space. Cm. King asked who maintains the current firebreak. Mr. Baker stated that the HOA maintains . the current firebreak. Cm. King sought clarification on why discing would be prohibited as outlined in Condition of Approval #17. Mr. Baker explained that discing is prohibited due to the potential biological resources in the area. Cm. King asked how the current condition of the area is maintained to discourage fire movement. Mr. Baker explained that the HOA provides. regular maintenance to the area, and the Alameda County Fire Department monitors the area and requires continual weed abatement. Ms. Bonnie Terra, Alameda County Fire Marshall, explained that the Alameda County Fire Department has an aggressive vegetation management program that affects all parcels throughout the City. She explained that one of the goals in the project area is to keep fire from jumping by maintaining buffers to the properties. She stated that the buffer zones also allow foot paths for firefighters to get to the backs of the properties. She stated that the Hansen Hills HOA is very active in vegetation management. Cm. Biddle asked about the importance of mobile equipment to access the steep terrain of the buffer zones. Ms. Terra explained that the Fire Department has type 3 wildland firefighting apparatuses that can navigate steep terrains. Vice Chair Wehrenberg asked about the origins of the original firebreak line. Mr. Baker explained that the original firebreak was probably designed based on the grade of each pad. Vice Chair Wehrenberg opened the public hearing. Ms. Patricia Creighton, Hansen Hills HOA Secretary, discussed her reasons for having the project approved. She stated that the HOA can amend CC&Rs without a full vote of the membership. Mr. Bakker commented that if the HOA is able to amend the CC&Rs without membership approval, then a Planning Commission decision approving the project would not pre-empt the HOA from doing such. Mr. Baker added that the Conditions of Approval for the project require the CC&Rs to be amended, but does not specify the procedure the HOA must use to amend the CC&Rs. Mr. Brent Wood, Hansen Hills HOA President, discussed his reasons for having the project approved. Vice Chair Wehrenberg closed the public hearing. :Planning Commission 1iIfflUr.il' 129 'DecemBer J 2, 20U6 Cm. King stated that as long as the HOA is satisfied with the letter from its legal counsel, dated November 15, 2006, regarding its authority to amend the CC&Rs without a full vote of the membership, then he has no concerns with it. He stated that Ms. Terra assured him that the movement of the firebreak would not reduce the fire protection of the area. Cm. Biddle stated that the project is a win-win situation because it allows the City to deal with the HOA for maintenance issues in the project area, instead of each property owner. Cm. Fasulkey asked if the letter from the HOA's legal counsel implied that the City was imposing authority upon the HOA to amend its CC&Rs. Mr. Bakker stated that the HOA's legal counsel is relying on language in the CC&RS that indicates that the HOA can expand the firebreaks without a vote of the membership. However, the letter does not state that the CC&Rs can be amended without a full vote of the membership. Vice Chair Wehrenberg stated that she does not have any issues with the project. She asked if the current type of fencing would have to be installed. Mr. Baker stated that different types of fences are allowed; however, the fences must maintain consistency with the Wildfire Management Plan. On a motion by Cm. Biddle, seconded by Cm. Fasulkey, and by a vote of 4-0-1 with Chair Schaub absent, the Planning Commission adopted: RESOLUTION NO. 06 - 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT TO MODIFY THE LOCATION OF AN EXISTING 15' WIDE FIRE BREAK EASEMENT AND REAR YARD FENCES AT 10872,10876,10880, AND 10884 INSPIRATION CIRCLE (APN 941-2808-015, 014, 013, and 012) P A 06-024 ADJOURNMENT - The meeting was adjourned at 7:51 p.m. Respectfully submitted, Pl~~Ch . annmg ommlSSlon air q>[anniug Commission clfettin,rj 130 ,))erember i2j 2000