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HomeMy WebLinkAbout08-24-2010 PC Minutes F ~ 1 Planning Commission Minutes Tuesday, August 24, 2010 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 24, 2010, in the City Council Chambers located at 100 Civic Plaza. Chair King called the meeting to order at 7:00 p.m. Present: Chair King; Vice Chair Brown; Commissioners Schaub, Swalwell, and Wehrenberg; Jeff Baker, Planning Manager; Kristi Bascom, Principal Planner; Mike Porto, Consulting Planner; Marnie Waffle, Senior Planner; and Taryn Gavagan, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Swalwell, seconded by Cm. Schaub the minutes of the August 10, 2010 meeting were approved. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS - 8.1 PLPA 2010-00020 Samran Large Family Day Care Conditional Use Permit. Marnie Waffle, Senior Planner presented the project as outlined in the Staff Report. Commissioner Wehrenberg asked if the City has received any complaints regarding the daycare thus far. Ms. Waffle replied no. Commissioner Wehrenberg asked if the traffic study was conducted only one day and found no major issues. Ms. Waffle replied yes. Cm. Schaub asked if there is parking on the Applicant's side of the street. Ms. Waffle replied no. Chair King opened the public hearing. Ranjit Samran, Applicant, stated that she brought letters from surrounding neighbors who were in support of her business and is confident that her business will not interrupt any neighbors. 'Aanriing Cotrimzrseon 4rru=r,sr Z•t, Z(ti O ~R,eguGir 'Veetitaij 89 Ms. Samran stated that she has not received any complaints as of yet. She stated that pick-ups and drop-offs take 5 to 10 minutes, maximum, and her first priority is safety. She further stated that parents pick-up and drop-off their children near the home and children are not excused without their parents present. Ms. Samran further stated that children are required to hold their parent's hand while crossing the street. Cm. Swalwell asked if Ms. Samran took any initiative to contact her neighbors regarding the increase of children at her daycare. Ms. Samran replied yes; she contacted the neighbors who would be most effected by the increase. She further stated that those who were in support of her project either emailed or wrote her a letter confirming their support. Cm. Swalwell asked how many children Ms. Samran would expect in the next 30 days should the Permit be approved. Ms. Samran stated that she would expect to have 8 to 9 children in 30 days, in addition to two of her own children. Cm. Swalwell asked if Ms. Samran was requesting an increase in children because she saw an increase in demand for childcare. Ms. Samran replied yes, as she does currently have a waiting list. Cm. Swalwell asked if Ms. Samran is serving only families from Dublin or from other Tri-Valley cities. Ms. Samran answered that the City of Dublin is her high demand, however, she does have one family from Pleasanton. Chair King clarified that if the Permit is approved with reduced parking, Ms. Samrari s property is still subject to the CC&Rs that are currently in effect. Ms. Samran agreed. Chair King asked Ms. Samran if she was aware of the parking requirements in the CC&Rs being a problem should the Permit be approved. Ms. Samran stated that she is not aware that there would be a problem. She stated that she did contact her Homeowner's Association and the representative she spoke to would bring the topic up at the next local meeting. She stated that she had not heard anything back yet. Vice-Chair Brown asked Ms. Samran if she has ever seen the seven parking spots across the street fully occupied during her operational hours. Ms. Samran replied no; they generally are filled around 6 p.m. Ms. Samran stated that two of the families she serves live in her neighborhood and would not require a parking spot. Cm. Wehrenberg asked if Ms. Samran cares for multiple children from one family. Ms. Samran replied yes and that would require one less vehicle per child. Cm. Wehrenberg asked what age range Ms. Samran offers daycare to. Ms. Samran replied anywhere from one-year old to four and one-half years old. She stated that she is open to caring for children up to age seven but does not currently have any children over four and one-half years of age. ~P{arzniz:b ('rmminiorc ;Iug:s.st 2-T; 3070 W~tful%rr 1-fcefi>rg 90 Cm. Wehrenberg asked how many years Ms. Samran had been operating as a small daycare in her neighborhood. Ms. Samran replied two years. Hearing no further comments, Chair King closed the public hearing. Cm. Swalwell stated that he believes the Applicant has gone above and beyond the responsibility expected of an Applicant, especially by notifying the neighbors. He stated that the Applicant is supporting the local community and that is a very positive thing. Cm. Wehrenberg stated that she appreciates Ms. Samran reaching out to her neighbors and doesri t believe parking will be a huge problem. Vice-Chair Brown and Cm. Schaub stated that they were in support of the project. On a motion by Cm. Swalwell and seconded by Cm. Brown, on a vote of 5-0, the Planning Commission approved: RESOLUTION NO. 10 - 34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME AND FOR A PARKING REDUCTION FOR AN INDIVIDUAL USE AT 3930 TAMWORTH COURT (APN 985-0022-031) PLPA 2010-00020 8.2 PLPA-2010-00041 D. R. Horton, Cortona Site Development Review for a portion of the Positano project which includes 68 single-family detached residential units on approximately 15.8 acres within Tract 8037. Mike Porto, Consulting Planner presented the project as outlined in the Staff Report. Cm. Schaub asked if the City will enforce how many of which specific plans are built. Mr. Porto answered that the Conditions of Approval and plans state that no more than 40% of any one plan can be plotted. He clarified that this will prevent houses that have the same elevation style from being built right next to each other. Mr. Porto stated that this same style project was done for Area A and Schaefer Ranch. Cm. Schaub stated that his concern is the swing-in garage and ensuring that the driveways are large enough to safely park a car in there. Mr. Porto stated that the lots proposed are approximately five feet wider than what is usually seen. 7'~rinnizag C0mrnisa~rr iltqusf't, 2010 ~OjlrrGzr ;tfec t irr,q 91 Cm. Wehrenberg asked if it is typical to have only one guest parking space. Mr. Porto stated that only one guest parking space is required per the Ordinance; however, the driveway aprons also provide guest parking and were not counted. Mr. Porto clarified that the project proposes several three-car garages and provides a driveway apron that can be used as guest parking. He clarified that Cortona is one of three neighborhoods that blend into each other and provide ample guest parking as a whole. He stated that the other neighborhoods will be brought before the Commission in October. Cm. Wehrenberg asked if the Universal Design compliance code on sheet UVO-1 is from the new code. Mr. Baker replied no. Cm. Wehrenberg asked if the Universal Design compliance in regards to grading will impact certain designs of houses. Mr. Porto stated that there are many ways to meet Universal Design compliance; however, the house is accessible through the garage door instead of the front door if the driveway slope is too steep. Cm. Wehrenberg confirmed that the plan proposed is compliant with the current Universal Design Code. Mr. Porto replied yes. Jeff Baker, Planning Manager, clarified that Universal Design has been applied to projects for several years and the Universal Design grading requirement is not a new requirement. Vice-Chair Brown stated that he appreciates Staff including Conditions that pertain to the installation of satellite dishes and the Green Building Code. Chair King stated that the side elevations look relatively simple and not terribly interesting, specifically the single-story plan. Mr. Porto replied that the single-story plan offers a 5-foot side yard setback if it is built next door to another single-story plan. He stated that enhanced elevations are also required for the exposed side of the single-story plans. Chair King opened the public hearing. Dean Mills, DR Horton, stated that DR Horton is excited about the project and is looking forward to building. Hearing no further comments, Chair King closed the public hearing. Vice-Chair Brown, and Cm. Schaub and Wehrenberg stated that they are in support of the project and like the architecture. On a motion by Cm. Swalwell and seconded by Cm. Wehrenberg, on a vote of 5-0, the Planning Commission approved: RESOLUTION NO. 10 - 35 A RESOLUTION OF THE PLANNING COMMISSION 'Kannzng Cwmrnwiort ;Iugust '4, 2010 k,quC-4r ~ueetilw 92 OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR CORTONA AT POSITANO, FOR 68 SINGLE FAMILY DETACHED RESIDENTIAL UNITS ON APPROXIMATELY 15.8 ACRES WITHIN TRACT 8037 PLPA-2010-00041 8.3 PA 09-002 Esprit at Dublin Station, Planned Development Rezone with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Tract Map 7667. Kristi Bascom, Principal Planner presented the project as outlined in the Staff Report. Cm. Schaub asked for clarification regarding the surrounding properties and future plans for them. Ms. Bascom stated that all three surrounding sites are currently designated Campus Office; however, the City has not received any applications for any sites yet. Cm. Schaub asked for the status of the project that would take the place of the existing BART parking lot. Ms. Bascom and Mr. Baker stated that the project proposed for that site would come before the Commission at a future date. Cm. Schaub asked when the Development Agreement (DA) for the site expires. Ms. Bascom answered 2011. She stated that the Applicant is currently in the process of amending their current DA to extend the life of the Agreement. Cm. Schaub asked if Esprit Way is a public road. Ms. Bascom replied that Esprit Way is a private road but not gated. She clarified that all roads within the project are private streets although not gated and therefore accessible by the public. Cm. Schaub asked if there are guest parking spaces located inside the project. Ms. Bascom replied yes; there are 12 spaces on-site and 33 off-site, which are located on Campus Drive and Ironhorse Parkway. Cm. Schaub asked what the guest parking space requirements were for this particular project. Ms. Bascom answered 15% of the total. Mr. Baker clarified that the parking for this project is consistent with the other parking requirements for previously approved projects in the Transit Center. Cm. Wehrenberg asked if parking is approved on Dublin Blvd. Ms. Bascom replied no, there is no parking allowed on Dublin Blvd. or Martinelli Way. Cm. Schaub asked how wide the sidewalks will be on Dublin Blvd. Ms. Bascom replied 14 feet wide, including the parkway strip. 1'fannzny Cnmani,ca3oss 4ugust 21, 2010 ~~eNfrkrr ,Veerin,q 93 Ms. Bascom stated that Pat Cashman of Alameda County Surplus Property Authority submitted comments addressing concerns regarding future developments adjacent to the Esprit project, ensuring that future residents of this project know what could possibly be built next to them. Ms. Bascom stated that in response to Mr. Cashmari s comments, Condition of Approval #47 was added to the Resolution which requires the Developer to have future residents sign a disclosure saying they understand that they could be living next to a future office building. She further stated that there is Condition of Approval #48 was also added which states the City provide a map of the Transit Center to be posted in the Esprit sales office. Ms. Bascom clarified that the map would show the location of the Esprit development as well as the adjacent properties. Cm. Wehrenberg asked why the DA amendment could not be included with the current presentation. Ms. Bascom answered that DR Horton is requesting other amendments that will be reviewed by City Council. Mr. Baker clarified that the typical DA has a life of 5 years and it is typical that extensions would be addressed in the DA as opposed to the Conditions of Approval. Chair King opened the public hearing. Dean Mills, DR Horton, stated that DR Horton is excited to be moving forward with the Esprit project. Cm. Schaub stated that similar projects have had parking problems because residents use their garages for storage and not for parking. He stated that this causes guest parking spaces to be completely occupied by residents and not guests. He further stated that a Condition stating that residents must park in their garage is strongly suggested. Cm. Schaub suggested signage on Campus Way stating that parking is designated for non-residents. Mr. Mills stated that the project does propose more guest parking than required. He clarified that the one-car garage spaces do actually allow for 2-car tandem parking, however only one space was counted to ensure they met the parking requirements without it. Mr. Mills stated that the future CC&Rs for the property will not allow for residents' garages to be used as storage and the Homeowner's Association would have the power to note a violation for residents who do use their garage as storage. Mr. Mills stated that the Elan and Avalon at Dublin Station projects have signage on the surrounding streets stating that only 2-hour parking is allowed from 7 a.m. to 6 p.m., and then allowing for overnight parking after 6 p.m. He clarified that the Esprit development would require the same signage. Chair King asked if the CC&Rs will include giving individual HOA members the right to enforce the CC&Rs. Mr. Mills stated that he would not be opposed to giving members the right to enforce the CC&Rs as long as there was no legal issue. c}>lanniszr ("omrszission Augu.;t 21, 20I0 ~~s1f~c~r ~+t~Erta,q 94 Mr. Baker stated that the Planning Commission could request Staff to add a Condition regarding enforcement subject to the legality of it. Cm. Schaub asked what the project proposed for waste management. Mr. Mills stated that DR Horton spoke to the garbage hauler a year and half ago but needs to follow-up on the conversation regarding how garbage hauling would be handled for the project. Mr. Mills stated that Plans 1, 2 and 3 do provide room for trash and recycle bins in the garage. He stated that Plans 4& 5 will have the wall pulled back a foot and a half to make space for a trash and recycle bin. Mr. Mills stated that a third bin for yard waste was not considered as there should be no yard waste. He clarified that there would be landscape company to come in and take care of the landscaping for the project. Chair King asked if there is space for storage considering that residents would be unable to use their garages for storage space. Mr. Mills stated that the goal is to provide as much storage as possible; however, there is not a lot of room for outside storage. Cm. Swalwell asked Mr. Mills if he anticipates that most of the future residents will be the type of individuals or families to require a lot of storage space. Mr. Mills stated that they do anticipate most of their future residents to be individuals who commute for work, younger and newer families, or younger first-time buyers. He stated that they dori t anticipate future residents having several vehicles or a large need for additional storage. Cm. Schaub asked the height of the ceiling in the garage. Mr. Mills answered a little over 9 feet. Cm. Wehrenberg stated that it may be a good idea to suggest or offer above-ground shelving in the garage for residents. Hearing no further comments, Chair King closed the public hearing. Cm. Swalwell stated that he agrees with Cm. Schaub's suggestion of adding Conditions regarding parking and space for trash and recycle bins. Cm. Schaub stated that he likes and supports the project. He stated that he likes the fact that the project consists of townhomes as opposed to condominiums. He further stated that he appreciates softening the look of Dublin Blvd. and thinks it a good addition to the Transit Center. Vice-Chair Brown, and Cm. Swalwell and Wehrenberg stated that they support the project and agree with Cm. Schaub's additional Conditions of Approval suggestions. Ms. Bascom reiterated the Commissiori s suggestions for additional Conditions of Approval (COA) for the Vesting Tentative Map Resolution: tt'Cannirzg ('n ,mmissaon ;1ugusf 21, 2010 4i?st tsGar `Uesrizn~q 95 • COA #49: The Covenants, Codes, and Restrictions (CC&Rs) developed for the project shall include a requirement that the enclosed garage spaces are used for resident parking. • COA #50: Within the limits of the law, the CC&Rs developed for the project shall include a provision that the CC&Rs can be enforced by any resident as well as by the Homeowner's Association. Ms. Bascom reiterated the Commissiori s suggestions for an additional Condition of Approval (COA) for the Site Development Review Resolution: • COA #100: The garage area of Floor Plans 4 and 5 shall be reconfigured to accommodate space for two garbage/recycling containers. On a motion by Cm. Schaub and seconded by Cm. Wehrenberg, on a vote of 5-0, the Planning Commission approved the following Resolutions, with additional Conditions of Approval as stated: RESOLUTION NO. 10 - 36 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 DUBLIN TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0034-011-00) PA 09-002 RESOLUTION NO. 10 - 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR DUBLIN TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0034-011-00) PA 09-002 RESOLUTION NO. 10 - 38 2'fazznin3 Comtniraic>a iIu{just21, 2020 Negufar "eteding 96 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING VESTING TENTATIVE TRACT MAP 7667 FOR DUBLIN TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0034-011-00) PA 09-002 NEW OR UNFINISHED BUSINESS - NONE OTHER BUSINESS - NONE 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 8:25 p.m. Respectf 1 su rrutted, ~ Mo gan King Chair Planning Commis ion ATTEST: % ~ Jeff Ba er Planning Manager G: ~ MINLITES \ 2010 ~ PLANNING COMMISSION \ Planning Coimnissiott_20100824-1631_Ol cb43a9c4c57500.doc C7?&anning ('omrzrfsa-iun ;9ugust2 4, 2010 ~'1('pi7&7Y VEC°PY2q 97