HomeMy WebLinkAbout03-26-2002 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 26,
2002, in the Dublin Civic Center City Council Chambers. Chairperson Johnson called the meeting
to order at 7:00 p.m.
ROLL CALL
Present: Commissioners, Johnson, Jennings, Musser, Fasulkey and Nassar; Jeri Ram, Planning
Manager; Andy Byde, Senior Planner; Mike Porto, Project Planner; and Renuka Dhadwal,
Recording Secretary.
Absent: None
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Johnson led the Commission, Staff, and those present in the pledge of allegiance to the flag.
The minutes from March 12, 2002 were approved as submitted.
ADDITIONS OR REVISIONS TO THE AGENDA - None
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS - None
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PUBLIC HEARING
8.1
PA 01-009, Dublin Ranch Area G (Neighborhoods MH-1, MH-2, H-1 & H-2)
Development Agreements - An Ordinance approving a Development Agreement
between the City of Dublin and Toll Brothers. The Development Agreement is required
by Eastern 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.
Cm. Johnson asked for staff report.
Mike Porto, Project Planner explained that there are four development agreements for the four
neighborhoods. This is a standard development agreement compiled by the City Attorney in
conjunction with Toll's Attorney. The only deviation in the DA is the term. Toll has requested an
option that the term can be extended an additional 5 years. The Development Agreements
presented includes this provision and a payment of a fee for each subsequent year after the initial
five years. This provision has been discussed by Toll representatives and the City Manager and has
been recommended for approval. With that he concluded his presentation and requested the
Planning Commission to adopt the attached resolution recommending that the City Council
approve the Development Agreements.
Cm. Johnson asked the Commissioners if they had any questions for Staff.
Cm. Jennings asked what was the standard term for a development agreement and if this request
for an extension is beyond the standard term.
Mr. Porto responded that the standard term for a development agreement is five years and Toll is
requesting for an opportunity for an optional extension of five additional years in 1 year
increments. The reason for such a request is that the H-2 neighborhood may not be complete
within the five years due to the density of the project. At the end of the term Toll will need to
submit an application to the City seeking an extension.
Cm. Nassar asked if this extension was similar to a project (Sybase) that was approved a year ago.
Mr. Porto responded that he was not aware of that and stated that the Lins have a 20-year
agreement with the City which is a mutually agreed term and Toll is similarly seeking an
agreement with the City for 10 years.
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Cm. Fasulkey asked if there has been any update on the Telecommunications Ordinance.
Ms. Ram stated that the City Council would be discussing the item in their Goals & Objectives
meeting on April 3, 2002 and would assign priorities based on the discussion. In relation to Toll,
she explained that Toll is aware of what it needs do to obtain building permits.
Mr. Porto further explained that he is currently reviewing Toll's plans and has requested an
additional plan based on what was approved by the Planning Commission.
In the absence of additional questions, Cm. Johnson opened the public hearing and asked the
Applicant for a presentation.
Rick Nelson, Senior Project Manager said that he had nothing further to add and will be glad to
answer any questions.
Hearing none, Cm. Johnson closed the public hearing and asked the Commissioners if they had any
comments.
Hearing none, he asked for a motion for approval. On motion by Cm. Nassar, seconded by Cm.
Musser, and by a vote of 5-0, the Planning Commission adopted:
RESOLUTION NO. 02 - 16
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT FOUR DEVELOPMENT
AGREEMENTS FOR PA 01-009 TOLL BROTHERS - DUBLIN RANCH AREA G
(NEIGHBORHOODS MH-1, MH-2, H-1 & H-2) DEVELOPMENT AGREEMENT
8.2
PA 00-025, East Dublin Properties Planned Development Prezone/Development
Plan and Annexation Application - Prezone (Planned Development (PD)/Stage 1
Development Plan) and pre-annexation agreement to facilitate the annexation
of approximately 1,120 acres of land to the City of Dublin and attachment to
and detachment from various service districts. The Prezone (Planned
Development (PD)/ Stage 1 Development Plan) would provide zoning for
various land uses including commercial, industrial and residential
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development, parks, schools, open space and other uses consistent with the
adopted Eastern Dublin General Plan and Specific Plan.
Cm. Johnson reminded those present to fill out a speaker form if they wished to speak on the item
and asked for staff report.
Andy Byde, Senior Planner explained that the project consists of 1,120 acres of land located to the
east of the existing City limit line. The area is currently within the City's Sphere of Influence. The
project includes a Supplemental Environmental Review, a Stage 1 Planned Development -
Prezoning as part of the Eastern Dublin Specific Plan and General Plan, as well as an annexation
application detaching the area from Livermore Area Recreation Park District (LARPD) and
annexing it to the City of Dublin and to DSRSD. He gave a brief background on the Environmental
Review analysis. The project area was part of the Eastern Dublin Specific Plan and General Plan
Amendment Study and the resulting Eastern Dublin EIR. Based on the Study and the EIR, the City
Council adopted the Eastern Dublin Specific Plan and the General Plan Amendment in 1993. The
EIR looked at potential environmental impacts from development from the entire project, including
the development in what is now labeled Future Study Area/Agriculture (Doolan Canyon). The
Eastern Dublin EIR was a program EIR, and subsequent projects would require additional
environmental analysis to evaluate potential impacts from future projects. In 1993, the Eastern
Dublin EIR was challenged and found to be adequate. He stated that an Initial Study was
conducted to determine changes, if any, since 1993 to the environmental review for the project area
as a result of this possible annexation. The Initial Study determined that the 1993 Eastern Dublin
EIR was relevant and adequate. However, due to changes in traffic, changes in the regulatory
environmental, and the energy crisis, 6 additional topics required further analysis. These items
include: agricultural resources, air quality, biology, noise, traffic & circulation and utilities. The
Revised Draft EIR concluded that the mitigation measures were adequate to mitigate the six areas
of potential impacts. However, it was anticipated that there would be additional impacts beyond
the anticipation of the original EIR. The anticipated areas of impacts in the Revised Draft EIR were:
traffic on Dublin Blvd. and Fallon Road; impacts on Dougherty and Dublin Blvd intersection;
Hacienda Dr. and Dublin Blvd intersection; mobile source emission, and lastly, loss or degradation
of botanically sensitive habitats. He stated that the 1993 Eastern Dublin EIR anticipated that traffic
would be adversely impacted, but the actual impact is more than what was anticipated.
Mr. Byde explained that as part of this project a Planned Development zoning would be adopted.
This zoning would serve as the prezoning. The method for this prezoning would be through a
Stage 1 Planned Development. The land uses described are the same as anticipated and adopted in
the EDSP and the General Plan. Mr. Byde briefly talked about the existing land uses and land use
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116 9rlarch 26, 2002
designation in the project area. He clarified that approving the Planned Development does not
grant development rights to the Applicant.
Mr. Byde explained the annexation application for the project. He explained that prezoning is a
requirement for annexation. He explained that the Sphere of Influence (SOI) is a line designated by
LAFCo and it was designated in 1983 when the City was incorporated. The SOI has not been
modified since. The City Council action in 1993 reflected the location of the SOI. Additionally, the
Sphere of Influence line is the same for DSRSD. DSRSD has indicated adequate infrastructure
availability for sewer, potable water and recycled water for the project area once it is developed.
He then concluded his presentation and recommended that the Planning Commission adopt:
1. Attachment 1 a Resolution recommending the City Council certify the Final
Supplemental EIR
2. Attachment 2 a Resolution recommending the City Council approve a Planned
Development Prezone Stage 1 Development Plan for the area
3. Attachment 3 a Resolution recommending the City Council direct Staff to file an
application with LAFCo for reorganization application
Cm. Johnson asked the Commissioners if they had any questions for Staff.
Cm. Jennings sought clarification about the Assessor's parcels, which are "not at this time". She
wanted to know if those parcels were included in the project area.
Mr. Byde explained that one of the sections in LAFCo's application asks the property owners to
sign if they support the annexation. He stated that no one has opposed the annexation yet. In
response to Cm. Jennings' question he clarified that "not at this time" does not mean that the
property owners are opposed to annexation. They have yet to sign the LAFCo application. Those
parcels have been included in the project area.
Cm. Jennings asked if the project area would also be annexed to the Dublin School District.
Mr. Byde responded that it will be required to be part of Dublin Schools, however, he is not
currently aware of the status since it is not part of the LAFCo process.
Cm. Fasulkey asked about the area east of the project area.
Mr. Byde responded that the area will be under Alameda County and is not part of Dublin's Sphere
of Influence. It would be covered under Measure D regulations.
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Pffgular gdeeting
Cm. Johnson opened the public hearing and asked the Applicant if he would like to comment.
Ted Fairfield, Civil Engineer representing Braddock and Logan explained that all the procedures
for obtaining the annexation have been completed. He confirmed that approving the Planned
Development does not grant any development rights. It is merely a process requirement by
LAFCo as part of the annexation process. Answering Cm. Jennings question about the area being
part of the Dublin School District, Mr. Fairfield explained that Braddock and Logan and the two
School Districts have had meetings and the Livermore School District is assuming that once the area
is detached from LARPD it would at the same time be detached from Livermore School District and
moved into the Dublin School District. He explained that this issue is dealt by Alameda County
School District. With that he concluded his presentation.
Hearing no further questions or comments, Cm. Johsnon closed the public hearing and asked the
Commissioners if they had any comments.
Hearing none, Cm. Johnson asked for a motion for approval.
On motion by Cm. Jennings, seconded by Cm. Musser, and by a vote of 5-0, the Planning
Commission adopted:
RESOLUTION NO. 02 - 17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
A RESOLUTION RECOMMENDING CITY COUNCIL CERTIFICATION OF THE
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
FOR THE EASTERN DUBLIN PROPERTY OWNERS
ANNEXATION & PREZONING PROJECT FOR PA 00-025
RESOLUTION NO. 02-18
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD)
PREZONE AND STAGE 1 DEVELOPMENT PLAN FOR 1,120 ACRES EAST OF FALLON
ROAD PA 00-025
Planning Commission 118 9darch 26, 2002
Regular 5~leeting
RESOLUTION NO. 02-19
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL DIRECT STAFF TO FILE A
REORGANIZATION APPLICATION WITH THE
ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR ANNEXING
1,120 ACRES EAST OF FALLON ROAD (BOUNDED ON THE SOUTH BY INTERSTATE 580 (I-580),
FALLON ROAD TO THE WEST, AND CITY SPEHRE OF INFLUENCE LINE ON THE EAST) AND
LOCATED WITHIN THE EASTERN DUBLIN PLANNING AREA, INTO THE CITY OF DUBLIN AND
THE DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) AND DETACHMENT OF THE
TERRITORY FROM THE LIVERMORE AREA RECREATION AND PARK DISTRICT AND AS SHOWN
IN THE PLANNED DEVELOPMENT (PD) PREZONING REQUEST FILED UNDER PA 00-025
NEW OR UNFINISHED BUSINESS
None
OTHER BUSINESS
Jeri Ram discussed the draft agenda for the Planning Commissioners Roundtable to be hosted by
the City of San Ramon.
ADJOURNMENT
The meeting was adjourned at 7:55 p.m.
ATTEST:
P~ager
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