HomeMy WebLinkAbout04-27-2010 PC Minutes ` - _ ~
~ 1 ~
~ ~ ~ ~
t €
~'i~ Plannin Commission Minutes ~
i~~ ~ ~
Tuesday, Apri~t 27, 2010
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, Apri127,
2010, in the Regional Meeting Room located at 100 Civic Plaza. Vice Chair Brown called the
meeting to order at 7:03 p.m.
Present: Vice Chair Brown; Commissioners Schaub, Swalwell and Wehrenberg; Jeff Baker,
Planning Manager; Tim Cremin, City Attorney; Kristi Bascom, Consulting Planner; and Debra
LeClair, Recording Secretary.
Absent: Morgan King, Chair - he has recused himself from the item.
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Swalwell, seconded by Cm.
Wehrenberg the minutes of the April 13, 2010 meeting were approved.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS -
Cm. Swalwell stated that his brother, Chase Swalwell, worked for the Nielsen family and lived
on the Nielsen property between 2005 and 2009. He stated he does not know Mr. Nielsen
personally and did not feel this would influence his decision on the project. He added that his
brother no longer works or lives on the Nielsen property.
8.1 PA 07-057 Nielsen, General Plan and Eastern Dublin Specific Plan Amendments,
Planned Development Rezone with a related Stage 1 Development Plan Amendment and
Stage 2 Development Plan, Vesting Tentative Subdivision Map, and a Supplemental
Environmental Impact Report.
Kristi Bascom, Consulting Planner presented the project as outlined in the Staff Report.
Cm. Schaub asked why a Development Agreement was not part of this submittal and how
would that fit in when reviewing the final plans for the Stage 2 PD.
Ms. Bascom answered that the Applicant has requested a Development Agreement and it will
be reviewed when the SDR application is submitted.
~'~n~ir~~ ~'cs~nr~is~~iost .;~pz~f2i, 2~1~D
~~~~zt~ir ~~f~~~~nq 4~
Cm. Schaub asked if Ms. Bascom knew who would enter into the agreement with the City.
Ms. Bascom answered whoever owns and develops the site.
Cm. Schaub asked if the DA is not reviewed at this time what concessions would the City make
at a later date such as extending the timeframe for the DA. He was concerned with the City
being locked into a project without the necessary DA
Jeff Baker, Planning Manager answered a development agreement is a requirement of the EDSP
prior to the recordation of the Final Map or Site Development Review. He continued the
standard DA determines the financing of infrastructure and improvements. He stated the City
does not typically grant exceptions or additional money unless the developer is asking for
something in exchange, such as an extended DA or some sort of compensation fram the City.
He continued Staff would typically not see the DA until the SDR application and it would be the
standard 5-year DA.
Cm. Schaub asked why there are no similar view drawings of the project from south going
north.
Ms. Bascom answered Staff did not request that view and did not receive it in the submittal
package. She stated she will continue to explain how it will look visually.
Cm. Schaub felt that it is important to be able to make the findings regarding the ridgeline now
for the City Council's information.
Cm. Schaub felt there were a larger number of lots in the previous submittal.
Ms. Bascom stated that the when the City Council authorized the General Plan Amendment
study they authorized a category of Land Uses and the study analyzed a Single Family
Residential designation which would allow up to 6 units/ acre which would allow up to 431ots.
She continued the current proposal is for 361ots but the site plans shows 34 lots. She stated that
the project has been reduced by 2 lots with an open area and the grading for the site has
changed as well.
Cm. Wehrenberg asked what the open area would be used for.
Ms. Bascom answered the open area serves as the driveway access to lot 27 and 28.
Cm. Schaub asked which two lots can be split for duplexes.
Ms. Bascom answered Lots 15 and 20, which are corner lots and if the developer decides they
want to accommodate affordable housing in the project those two lots would include 4 duplex
units.
Cm. Schaub mentioned that the Applicant could request half of the 4 units for in-lieu fees and
not have to build the affordable housing units if the City Council allowed it.
~a~a~rz~z~ ~:rsrra~saissac~~€ .~~rrs~"77, 2~1t~
~~~~€~rer 5~~~~~%~r~ 41
Ms. Bascom answered that would be a possibility which is why there are 34 lots with up to 36
units allowed.
Cm. Schaub asked if the Planning Commission should be concerned with the number of lots or
the number of units.
Ms. Bascom responded that the PD Zoning will allow up to 36 units whether there are duplexes
or not; therefore the number of lots being created is 34 residential lots on which there can be up
to 36 units developed.
Cm. Schaub asked if the maximum height of the retaining walls will be 5 feet.
Ms. Bascom answered yes.
Cm. Wehrenberg asked if the Planning Commission will review the retaining walls.
Ms. Bascom answered that the project will require an SDR before anything is built on the site.
She continued there is a lot of information and only a portion of it is contained in the PD
Zoning, a lot of it is background information which will be used for the SDR when it is
submitted. She stated that only the items attached to the PD are being reviewed by the
Commission tonight.
Cm. Schaub asked about the wall height between the houses.
Ms. Bascom answered the height is not shown on the wall plan; it only shows the type of wall.
Mr. Baker directed the Commission to the Attachment 3 to Staff Report which is the Vesting
Tentative Map, Sheet 4, where it shows the height of the retaining walls.
Cm. Schaub asked who will maintain the common retaining wa11s. ,
I
~
Ms. Bascom answered that on private property within private lots the walls will be maintained ~I
by the homeowner. ,
Ms. Bascom directed the Commission ta the chart that shows the walls and the various
ownership and maintenance responsibilities for each.
Ms. Bascom stated the Planning Commission reviewed a plan at the March 2008 Study Session
which showed the type of wall and the general location. She stated in the current proposal
there is a revised grading, fence and wall plan. She stated the former plan had a number of
retaining walls closer to the street and different wall configurations throughout the site and the
current proposal has retaining walls but the number is reduced and they are capped at 5 feet in
height. She referred the Commission to Sheet PD 2.4 the Ownership and Maintenance Plan for
more information.
Cm. Schaub was concerned that there is no Section 3 view, south looking north, for the grading
plan.
1'fr~a~~n~ ~'s~~rarnr~s~~~n ,;~~af?7, 2t12t1
~~~u~e~-u~e~tsn~ 42
Ms. Bascom answered that the area backs up against Quarry Lane School's property.
Mr. Baker stated the cross-section visuals run east to west to present an idea of what the grading
will look like.
Cm. Schaub was concerned that there are no views from the school. He wanted to make sure
that view will be consider~d.
Cm. Wehrenberg asked if this slide is to address the Visually Sensitive Ridgeland area.
Ms. Bascom responded no, this slide is to address the amount of grading on the site. She
continued that the slide is looking as though you were standing on the roof of the Quarry Lane
School looking down onto the site.
There was a discussion regarding the grading plan and the views from the south looking north.
Cm. Schaub was concerned there were no views looking north particularly from Quarry Lane
School, since he spent a considerable amount of time reviewing the documents from the
school's point of view he wanted to ensure it was considered. He felt that Quarry Lane School
is right is at the end of the Visually Sensitive Ridgeline Area. He asked what could be placed
between the property line of the school and line 2 on the grading slide that the Planning
Commission should be concerned with.
Ms. Bascom felt Cm. Schaub was speaking regarding the visual aspect of the project. She
continued that the slide indicates the amount of grading, cut and fill. The land form is the same.
Cm. Schaub felt there would be no fall to any property to the south.
Ms. Bascom stated the Quarry Lane property will be at a higher grade. She referred the
Commission to Sheet 2 of the Tentative Map which shows the cross section at the property line.
Cm. Schaub wanted to ensure that what they are looking at goes to the property line of Quarry
Lane SchooL
Ms. Bascom stated there is actually less grading on the current proposal then what was brought
to the Planning Commission Study Session in March 2008.
Cm. Schaub asked about the reduction in the width of on-site streets.
Ms. Bascom responded for this particular PD Zoning District the site plan shows street widths
that are slightly reduced where there are single loaded streets with units on only one side of
street. She continued this will be an amendment to the General Plan only because street widths
are called out in the General Plan and the amendment would be to allow the reduced street
width because of uniqueness of the site.
Cm. Schaub asked how much the street width is reduced.
~~~~anEra~ ('c~rrca~ai~sie~~ ~p~°t~~7, ~t3.f13
~~r~~~~~~ 43
Mr. Baker referred the Commission to Page 7 of the GPA Resolution.
Cm. Wehrenberg mentioned the GPA Resolution states 36 feet for street width and the current
proposal is for 29 feet for the single loaded streets.
Ms. Bascom answered the standard is actually 32 feet currently for single loaded streets and the
Applicant is proposing 29 feet for single loaded street for this project. She continued that the
typical right-of-way is 46 feet and this project is proposed at 45 feet.
Cm. Wehrenberg was concerned about parking on the reduced size street and the EVA lanes.
She was not sure if the street would be wide enough with parked cars and emergency vehicles.
Ms. Bascom referred the Commission to Page PD 2.5 in the Design . Guidelines book which
shows a parking plan for the project. She continued the project requires a minimum parking for
each lot to be 2 enclosed spaces and 1 not enclosed space.
Cm. Wehrenberg asked if that requirement would be a reduction in the parking ratia
Ms. Bascom responded it is not a reduction in the parking ratio and the parking plan meets the
standards. She stated that the street can be reduced in width because there is no parking on
one side of street. She also mentioned the EVA has been reviewed by Fire Dept.
Cm. Schaub stated one of the concerns that were mentioned with the City's Green Initiative
Committee is not having enough room for recycle bins on garbage day. He stated there are
some areas in Dublin where the streets are so narrow that there is little room for garbage bins
and there is no room for recycle bins. He felt the City Council will be serious about planning
for the environment in the future.
Cm. Wehrenberg stated that there is one residence already on the property and this proposal
will add 36 units, but she felt there are two occupied residences on the property.
Ms. Bascom answered there is what is considered a second unit, and the General Plan Land Use
Designation is 1 unit for each 100 acres, so because of the Land Use Designation it is considered
one unit which is permitted.
Cm. Wehrenberg asked about the Tentative Map with the HOA responsibilities for
maintenance.
Ms. Bascom answered there is an attachment under the Tentative Map Resolution that explains
maintenance responsibilities.
Cm. Wehrenberg asked if the landscaping for the homes that back up to Quarry Lane School
should be required to be complete. She was referring to the Visually Sensitive Areas and would
not want trees planted to block the hillside views. She felt these homes are in the Visually
Sensitive Ridgeland Area and was concerned with the landscaping for those homes.
~'fraranir~~ ~'~?rcr~issi~sn .;~~~rr2~~i, 2~?.I~t
44
Ms. Bascom responded in the past the City has not conditioned rear-yard landscaping be
complete where a private residence backs up to a major thoroughfare.
Cm: Wehrenberg felt this was a unique situation. She liked that all the landscaping will be done
along Tassajara Road.
Cm. Wehrenberg stated that on the map PD 2.1 there are 3 locations for potential cell towers.
Ms. Bascom answered yes - that was put into the PD Rezone Ordinance but the locations are
restricted.
Mr. Baker responded the PD Ordinance would allow a cell tower to occur but would it have to
comply with the City's Cell Tower Ordinance.
Cm. Wehrenberg was concerned with the Visually Sensitive Ridgeline Area (VSRA) which
should be preserved.
Mr. Baker responded that the plans show a location with an existing cell tawer, but any new cell
towers would require an SDR which would include a review of the VSRA.
Ms. Bascom stated that the exhibit does show potential cell tower locations, but the exhibit the
Commission is recommending approval of is on Page 5 of Attachment 2, the reference to
potential cell tower locations was removed because the Commission is not approving any new
cell tower locations.
Cm. Wehrenberg agreed and asked if the Commission would review any new cell towers
locations.
Ms. Sascom stated that Attachment 2, Page 5 of the Stage 2 Site Plan does not include any
reference to any potential cell tower locations because the City would not approve a~otential
cell tower location. She continued that there are existing cell towers on the property now and at
the time of development the Applicant will need to decide whether the facility will stay and not
develop the lot or develop the lot and remove the cell tower.
Cm. Wehrenberg was concerned with making of one of the findings: B} the site is physically
suitable for type and intensity for the Zoning District being proposed, she was concerned with
narrowing the streets which will impact parking, and felt that there may be too many houses
and there could be parking problems in the future, she wanted the Commission to be aware.
Vice Chair Brown had no questions.
Cm. Swalwell had no questions. .
Cm. Schaub felt this was a very sensitive project and wanted to ensure that the Commission
made the correct decision. He referred to ane of the attachments which stated "a minimum of 3
foot clear pathways shall be maintained on one side of the house at all times." He asked for clarification
regarding setbacks. -
~'lar~~~~~ ('c~ar€rr~issivaa ~p~°i~~7, 2t3.1t1
~~~ac~ca~'!A~aetf~r~ 4$
Ms. Bascom answered the minimum side-yard setback is 5 feet with a minimum 3 foot clear
pathway where often projections into side-yards are allowed such as bay-windows, etc. but they
want to ensure that a minimum 3 foot clear pathway is maintained at ~11 times. She was unsure
if that also includes placing items in side-yards.
Mr. Baker responded that typically a Condition of Approval for Emergency Services would
re uire a minimum of a 3 foot athwa on at least one side where no AC com ressors,
q P Y 1'
fireplaces or bay windows would obstruct their ability to access the home.
Cm. Schaub referred to Page 54 regarding slopes which stated that "bank slopes on public
streets should be not more than 3.1." He stated that there are slopes of 2.1 in his neighborhood
which are a nightmare and was unsure how there could be a 3.1 slope.
Ms. Bascom stated that the 3.1 slopes are between some of the short retaining walls.
Mark McClellan, Engineer, Mackay and Somps stated 2.1 slope is more steep than the 3.1 slope,
2.1 slope is typically only allowed between lots.
Cm. Schaub wanted to ensure that the street lights will not be glaring and referred to Cm.
Wehrenberg's comment regarding the VSRA, and anything that could be done to make them
environmentally friendly would be good as well.
Cm. Bascom stated that one of the Mitigation Measures in the EIR addresses his concern.
Cm: Wehrenberg mentioned that the project states that Lot #1 is a potential water quality site,
and asked if that is addressed in the EIR.
Ms. Bascom stated she would check the Conditions of Approval for the Tentative Tract Map to
see if there is anything there to answer her question.
Vice Chair Brown opened the public hearing.
Robert Nielsen, Applicant spoke in favor of the project. He stated he is not a developer, and
thanked Staff for their assistance. He stated he is very passionate about the project and has
spent 30 years on Tassajara Road and more then 15 years on the pro}ect site. He stated he enjoys
living there and does not want to leave but felt that Agriculture does not work well in the
middle of town and it was time to move. He stated that one of the best aspects of the property
is the view and the lots are designed with full story splits and reduced grading that optimizes
the view from each house. He thanked Staff that worked with him.
Cm. Swalwell asked if his family has any connection to Dublin history.
Mr. Nielsen answered that he was born here, his father, grandmother and his children were also
born here. He stated his mother's grandparents came here in 1870.
~'~r~~~~a~ ~'c~rrsarri.rsiv~a fT~i "7, 2Df~
~~f1~~~~ ~~e~r~~~ 46
Cm. Swalwell mentioned that there is nothing in the project information regarding the history
of his family. He felt Mr. Nielseri s family has a rich history with the City and it is important for
the public to know that he not just an outsider coming into Dublin but has been a part of the
progress of Dublin. He recommended that Mr. Nielsen include some of his family history in the
project documents.
Mr. Nielsen thanked Cm. Swalwell and stated he did not feel that he deserves special treatment
because he's lived in Dublin for a long time.
Cm. Swalwell felt that the public has to buy into the project and knowing the history of the
Nielsen family as a part of Dublin would help with that.
Mark McClellan, MacKay & Somps, spoke in favor of the project. He responded to the
Commissiori s concern regarding the reduced width street size; he felt their concerns were valid
regarding parking and fire access. He stated that the 29 foot street width on a single loaded
street breaks down to an 8 foot parking lane, which is a City Standard, and a 10 foot driving
lane and an 11 foot driving lane. He continued a regular streef City Standard is 36 feet wide.
The reduced width still complies with the City Standard and actually clears 21 feet therefore,
even with a car parked on the street there is enough room for Emergency vehicles and the Fire
Dept has agreed. He stated the EVA is 20 foot paved, with 26 feet clear which is above and
beyond what Fire typically wants.
Mr. McClellan responded ta Cm. Schaub's question regarding the grading sections - he stated
that when looking at the relationship of Quarry Lane School to the project almost all o€ the lots
are lower than the school, some are level with the school, but most are below the school.
Cm. Schaub was concerned that some of the Iandscaping will be seen from Tassajara Road and
asked which lots are 8 feet below grade traveling north.
Mr. McClellan answered all of the first 4 houses are lower so the top story might be seen but
most of the landscaping wori t be seen because it will be in the backyard.
Cm. Schaub felt the houses would be visible but the school is much bigger. He asked to note on
the landscaping plan on Lot #28 to review the visibility when the project is submitted for SDR
approval.
Mr. McClellan responded regarding the storm water quality on 2ot #1 is inside the entry, the
area just to the north, is the storm water quality basin of Silveria Ranch. He stated that Dublin
Public Works was very concerned about trash collecting in the basin and in working with them
they developed an arrangement for the Applicant to improve the basin and also install at the
entry a separator unit that would separate trash for both Silveria Ranch and this project. He
stated the reason Lot #1 is designated as the water quality basin is because the changing world
of the storm water quality regulations. He stated there will be new regulations taking effect this
year and if anything changed they wanted to have the ability to do something additional.
Cm. Wehrenberg asked how much land is lost with Lot #1.
~'l~szzn~~c~ C'arrzmzssavr~ ~~~Sri~2i, ?€?.1C~
~~~ac~re~'~'e~ti~,~ 47
Mr. McClellan answered that if the space is needed they would probably loose the lot, but
under current regulations it should be fine. He stated the Public Works Department wanted to
have it on the plan in case regulatory conditions changed.
John Zukowski, Resident, 3385 Dublin Blvd, Terraces, Dublin Ranch, spoke in favor of the
project. He felt it was a high quality project; the lot standards are generous; there are private
yards and the most important thing is that it brings the land use in synch with the surrounding
uses. He did not feel it will alter views and actually respects the area. He stated that most
importantly, depending on the time of development, this project will provide fees, property and
sales taxes, etc. He felt there were a lot of benefits, and some concerns about the visual and
parking aspects but he was sure that could be addressed in future stages. He asked that the
Planning Commission approve the project.
Vice Chair Brown closed the public hearing.
Cm. Swalwell had no additional comments.
Cm. Schaub stated that he is a volunteer, spends hours reading information and did not feel
there is anything more important then the Environmental Impact Report (EIR). He stated he is
offended that a law firm or someone from the community requires him to spend hours reading
a document and then they do not show up to the public hearing.
Cm. Wehrenberg stated she is in support of the project. She agreed that the area needs to blend
in with the rest of Tassajara Rd. She is still concerned regarding future parking issues. She felt
it is important to point out to the City Council that the parking ratio could be reduced so that
there will be less issues regarding trash cans, holiday parking and people using their garage for
storage causing the homeowners to park on the street and leaving little or no visitor parking.
Vice Chair Brown stated he is in support of the project.
Cm. Schaub stated he is in support of the project and can make all findings including the VSRA.
On a motion by Cm. Schaub and seconded by Cm. Wehrenberg, on a vote of 4-0-1, with Chair
King absent, the Planning Commission approved:
RESOLUTION N0.10 -18
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL CERTIFICATION OF FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF ENVIRONMENTAL
FINDINGS UNDER CEQA FOR THE NIELSEN PROPERTY RESIDENTIAL PROJECT
(6407 TASSAJARA ROAD - APN 985-0002-009-02)
PA 07-05
Ef~narin,~ ~'csmsszisszvn ,,~~IC27, 2C31t1 ~
~~But~rr«f~c~irag 48
RESOLUTION NO. 10 -19
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING
THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN FOR THE
NIELSEN PROPERTY TO CHANGE THE EXISTING RURAL RESIDENTIAL LAND USE
DESIGNATION TO SINGLE FAMILY RESIDENTIAL AND
TO REDUCE THE WIDTH OF ON-SITE STREETS
(6407 TASSAJARA ROAD - APN 985-0002-009-02)
PA 07-057
RESOLUTION NO. 10 - 20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
A PLANNED DEVELOPMENT REZONE WITH A RELATED STAGE 1 DEVELOPMENT
PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN
FOR THE NIELSEN PROPERTY RESIDENTIAL PROJECT
(6407 TASSAJARA ROAD - APN 985-0002-009-02)
PA 07-057
RESOLUTION N0.10-21
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DLJBLIN
APPROVING VESTING TENTATIVE SUBDIVISION MAP 7950 FOR THE
NIELSEN PROPERTY RESIDENTIAL PROJECT
(6407 tASSAJARA ROAD - APN 985-0002-009-02)
PA 07-057
NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS - NONE
~lrnrairz~ ~,'a~zmissf~g~a ,~~rrf~27, 2~8t{1
~~8~~~ ~~~~~A~~ 49
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).
ADTOURNMENT - The meeting was adjourned at 8:12 p.m.
Respectfully submitted,
Q-., ~i
Alan Brown
Vice Chair Planning Coinmission
ATTEST:
~
Jeff B ker
Planning Manager
G: ~ MINUTES ~ 2010 ~ PLANNING COMMISSION~ 4.27.10.doc
~i'laran~r~g ~'c~~srrrsa°ivrs .~tpriC? ; 2t~1(1
~~~u~sir ~kte~t~~t~g $ ~