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HomeMy WebLinkAbout03-23-1999 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 23, 1999, in the Dublin Civic Center City Council Chambers. Chairperson Jennings called the meeting to order at 7:00. ROLL CALL Present: Commissioners, Jennings, Johnson, Hughes, Musser, and Oravetz; Eddie Peabody Jr., Community Development Director; Anne Kinney, Assistant Planner; and Maria Carrasco, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the February 23 and March 9, 1999 were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA - Eddie Peabody changed the Public Hearing order and began with 8.2 Koll Development Agreement. ORAL COMMUNICATIONS - None WRITTEN COMMUNICATION - None Mr. Peabody stated there was another letter sent to the City Council and the Planning Commission regarding the Rite Aid project. It will be added to the packet for the City Council meeting on April 6th. PUBLIC HEARING Mr. Peabody asked the Commission to hear Public Hearing 8.2 first. 8.2 PA 98-047 Koll Dublin Corporate Center Development Agreement An Ordinance approving a Development Agreement between thc City of Dublin, Koll Dublin Corporate Center, and the Alameda County Surplus Property Authority. The Development Agreement is required by the Eastern Dublin Specific Plan. Items included in the Development Agreement include, but are not limited to, the financing and timing of infrastructure; Planning Commission 41 March 23, 1999 Regular Meeting payment of traffic, noise and public facilities impact fees; improvement of roads and general provisions. Mr. Peabody presented the staff report. The Koll Development Agreement is the first in a series of DA's coming before the Commission. A Development Agreement is required by the Eastern Dublin Specific Plan to be adopted by the Planning Commission and City Council for any development that occurs in Eastern Dublin. The Commission and the Council have already approved the Planned Development and Site Development Review. A Development Agreement is required for the completion of off site improvements and specific language for that project. It is a guarantee for improvements to get done. Some of the improvements are to widen Tassajara Road, Dublin Blvd. Staff recommends the City Council adopt an ordinance approving a Development Agreement for the Koll Dublin Corporate Center. Cm. Musser, stated on page 6, under 8.1 Fees, Exaction's, and Dedications he had a concern with the statement of the City shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement of facilities, shall not increase or accelerate existing fees. Mr. Peabody stated that in that paragraph it states except as set forth in the Project Approvals and this Agreement; this particular case the applicant has to pay the fees that are in affect at the time the building permit is issued. He stated that it's attorney language and is in every Development Agreement. Cm. Jennings asked what the statement meant on page 7 under 8.3 the application of such taxes to the Property is prospective. Mr. Peabody stated the taxes have to be Citywide and applies to all property collectively. He asked Jonathan Winslow the applicant to assist him with that. Mr. Winslow responded that it means the application of such taxes to the property applies after the fact. Cm. Jennings asked if the applicant had any comments. Mr. Winslow responded no. Cm. Jennings closed the public hearing and asked for a motion. On motion by Cm. Oravetz, seconded by Cm. Johnson the Planning Commission unanimously approved PA 98-047 Koll Dublin Corporate Center Development Agreement. 8.1 PA 98-072, Dublin Theatre Company, Conditional Use Permit (CUP) Conditional Use Permit request to amend the hours of operation of the existing Dublin Theatre Company, a facility which provides theatrical performances and acting, singing and dancing classes for children, teenagers and adults within an existing 2, 495 square foot tenant space, located at 6620 Dublin Boulevard, Dublin Station. Cm. Jennings asked for the staff report. Planning Commission 42 March 23, 1999 Regular Meeting Ms. Kinney gave a history of the project. She stated that the applicant, Rick Robinson of the Dublin Theatre Company, is requesting an amendment to their existing Conditional Use Permit to amend the hours and scale of operation of the existing facility at 6620 Dublin Boulevard. On October 28, 1998, the Zoning Administrator approved a Conditional Use Permit to allow the establishment of the Dublin Theatre Company, an Indoor Recreational Facility within a C-2 General Commercial Zoning District. Under the Dublin Zoning Ordinance an Indoor Recreational Facility is defined as an establishment providing amusement, entertainment or physical fitness services typically occurring indoors for a fee or admission charge including theatres and dance studios/schools. The Zoning Administrator is usually the decision-maker on use permit applications for Indoor Recreational Facilities. However, the proposed amendment to the Dublin Theatre Company use permit, warrants Planning Commission review. Staff has reviewed a number of issues and Public Works has determined there would be more traffic and the applicant has agreed to pay the required traffic fee. There are a few safety issues, under the current building and fire code, the maximum number of people in the theater is 80; this includes the actors, director, and the audience. Staff recommends amending the previous condition, which states the maximum attendance of 60 people is changed to the main studio, shall have a maximum occupancy of 80 people. She stated because of their hours, staffis anticipating minimal conflict with the other businesses. At this time the City has not received any complaints regarding this facility. Staffreviewed the potential issue of noise and at this time staff does not feel it is appropriate to require the applicant to sound proof the studio. Next door to the theater there is a dry cleaner, which is noisy, and on the other side there is a sign company with limited office hours. The final issue is parking and under the Zoning Ordinance the Theater Company needs 50 parking spaces at maximum demand. There is adequate parking available and the project is consistent with the General Plan and the Zoning Ordinance and all the City agencies were contacted and all of their concerns are included in the draft resolution. She stated that the staff recommends approval of the project and concluded her presentation. Cm. Jennings opened the public hearing. Cm. Hughes asked if the Fire Department was contacted and if they had any problems. Ms. Kinney responded yes they were contacted and they are requiring the maximum occupancy of 80 people in the theater. Rick Robinson, Junior, Applicant stated that he just wanted to point out the amendment to their performance times on the matinee is only four weeks out of the year. Cm. Musser asked if the City has heard from any of the other businesses in the shopping center. Ms. Kinney stated no. Cm. Jennings asked if the maximum occupancy is included in Exhibit 2. Ms. Kinney stated it is Condition number 4. Planning Commission 43 Mamh 23, 1999 Regular Meeting Cm. Jennings asked if anyone had any other questions or comments, hearing none she closed the public hearing On motion by Cm Hughes, seconded by Cm. Oravetz, with a vote of 5-0, the Planning Commission unanimously adopted RESOLUTION NO. 99 -12 APPROVING PA 98-072 DUBLIN THEATRE COMPANY CONDITIONAL USE PERMIT REQUEST TO AMEND THE HOURS AND SCALE OF OPERATION OF THE EXISTING FACILITY LOCATED AT 6620 DUBLIN BOULEVARD, DUBLIN STATION. 8.3 PA 98-045 Dublin Ranch Phase I Development Agreement An Ordinance approving a Development Agreement between the City of Dublin, and MSSH Dublin Development, LLC. The Development Agreement is required by the Eastern Dublin Specific Plan. Items included in the Developmem Agreement include, but are not limited to, the financing and timing of infrastructure; payment of traffic, noise and public facilities impact fees; improvement of roads and general provisions. Cm. Jennings opened the hearing. Mr. Peabody stated that this is a Developmem Agreement for Dublin Ranch Phase I, which is required by the Eastern Dublin Specific Plan. The Dublin Ranch Phase I development is the emire 847 units. The development between the City and the Developers' MSSH, Dublin Development, which is another name for Shea Homes. The Development Agreement is for a term of 8 years rather than 5 years; and one of the reasons is because it is an extremely large project. The Applicant is required to construct a neighborhood Park and major improvements of Tassajara Road, down to Dublin Boulevard. Through extensive discussions with the Applicant, the City feels this is a fair approach to allow more time. The applicant is required to construct necessary Traffic Impact improvements from the road entering the project down to north Dublin Boulevard. There are necessary traffic signals that the developer will be responsible for as well as sewer, water, storm drain and other utilities, which have been clarified in the Development Agreement. Them is a major requirement that Tassaj ara Road improvements must be completed by December 1st' The developer is also responsible for constructing the neighborhood park next to school and dedicate it to the City. Staff recommends approval of the Development Agreemem. Cm. Jennings asked if the applicant wished to speak. Mr. Peters stated he did not have any specific comments or issues. Cm Jennings asked the applicant what MSSH stood for. Planning Commission 44 March 23, 1999 Regular Meeting Mr. Peters responded that MSSH stood for Morgan Stanley Shea Homes. It is a joint venture between Morgan Stanley and Shea Homes. Cm. Musser stated that in the agreement it states once they subdivide not withstanding any provision of this agreement to contrary the burden of this agreement will terminate as to any lot which has been fully subdivided. He asked if staff felt comfortable with that. Mr. Peabody responded that the developer will have to make the improvements identified in Exhibit B. Cm. Musser asked what would happen if developer does not make the improvements required. Mr. Peabody responded there are provisions in the Development Agreement that will allow for a continuance if the improvements are not completed by the specified date. He stated if the improvements are not done according to the time specified the City can prevent the issuance of building permits. Mr. Peters stated that to his understanding the agreement is like a contract and the City will have the right for all the remedies of law. Cm. Jennings asked if there are any questions, hearing none she closed the public hearing. On motion by Cm. Oravetz, seconded by Cm. Jennings the Planning Commission unanimously approved PA 98-045 Dublin Ranch Phase I Development Agreement. NEW OR UNFINISHED BUSINESS Mr. Peabody stated Rite Aid would be reviewed by City Council on April 6th. Cm. Oravetz asked how the tenants responded at the meeting. Mr. Peabody said it was with the board of directors. There were some concerns expressed on noise. The applicants are willing to make a cash contribution but they are not willing to put up gates. Cm. Johnson stated that the City requires a 50-foot distance from a public right of way and the gates. He asked if that provision could be waved by the City Council. Mr. Peabody said yes. Cm. Johnson asked if they had a huge traffic problem after the center was built, would it be possible to put a gate in on the Donlan side and use the tum around that is there. A sign can be posted which states, no through traffic. Mr. Peabody said that would be a possible solution but it would need to come before the Planning Commission. Cm. Johnson said he does not see the traffic problem they are projecting. Planning Commission 45 March 23, 1999 Regular Meeting Mr. Peabody said staff will provide more information on traffic and address the noise issue before it goes to City Council. Cm. Johnson asked if anyone talked to Rite Aid about moving from their existing building. If they don't move to the building they are proposing, then they will end up moving to Pleasanton or San Ramon because their current building is too large. He stated that they are the only drug store in town. Mr. Peabody responded no, he does not recall any discussions related to that. Mr. Peabody stated that the Council instructed staffto look at doing some revisions to the Sign Ordinance regarding balloons and a few other controversial issues. Cm. Johnson asked if that was a unanimous statement from the Council. Mr. Peabody responded yes, it was a majority of the Council. ADJOURNMENT Being no further business, the meeting was adjourned at 7:50 p.m. ATTEST: Commu~itfDeve~o~r:nent Dir~t6r (] Respectfully submitted, Planning t~ommission~hairperson Planning Commission 46 March 23, 1999 Regular Meeting