HomeMy WebLinkAbout09-14-2010 PC Minutes
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WVPlanning Commission Minutes
Tuesday, September 14, 2010
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday,
September 14, 2010, in the City Council Chambers located at 100 Civic Plaza. Chair King called
the meeting to order at 6:59:31 PM
Present: Chair King; Commissioners Swalwell and Wehrenberg; Jeff Baker, Planning Manager;
Kristi Bascom, Principal Planner; Mike Porto, Consulting Planner; and Debra LeClair, Recording
Secretary.
Absent: Cm. Brown and Cm. Schaub
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 August 24, 2010 meeting were approved.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS -
8.1 PA 09-002 Esprit at Dublin Station, Amendment 1 to the Development Agreement for
the Dublin Transit Center E-1 Project.
Kristi Bascom, Principal Planner presented the project as outlined in the Staff Repart.
Chair King opened the public hearing; with no one to speak he closed the public hearing.
Cm. Swalwell was in support of the project and had no questions.
Cm. Wehrenberg was in support of the project and had no questions.
Chair King was in support of the project and had no questions.
On a motion by Cm. Wehrenberg and seconded by Cm. Swalwell, on a vote of 3-0-2, with Cm.
Brown and Schaub being absent, the Planning Commission approved:
RESOLUTION NO. 10 - 39
A RESOLUTION OF THE PLANNING COMMISSION
-1''ranarztfi{`t;mm=ss?um `iltis'
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OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENT l TO THE DEVELOPMENT AGREEMENT FOR THE DUBLIN TRANSIT
CENTER SITE E-1 (ESPRIT AT DUBLIN STATION)
APN 986-0034-011-00
PA 09-002
8.2 PLPA-2010-00043 Livorno Site Development Review for a portion of the Positano project
which includes 69 single-family detached residential units on approximately 16.7 acres
within Tract 8036.
Mike Porto, Consulting Planner presented the project as outlined in the Staff Report.
Chair King opened the public hearing.
Scott Montgomery, K. Hovnanian Homes, Applicant spoke in favor of the project. Mr.
Montgomery mentioned Patrick Edinger, Architect; Mark McClellan, McKay and Somps; and
Carrie Gooding, Community Manager are also present to answer questions.
Cm. Wehrenberg had no questions but complemented Mr. Porto and the Applicant on the
architecture, style and attention to detail of the project.
Chair King asked the Applicant how the project will address 4-sided architecture in the
construction of the homes.
Mr. Montgomery answered that all sides of the homes that are visible from the common areas
will be built per the approved plans.
Chair King asked if there will be view issues with the homes that are on the high point of the
slope in the development.
Mr. Montgomery stated there is a requirement in the design guidelines that there will be open-
view fencing for lots that are a number of feet above the pads below. He stated there will be
open-view fencing on their lots and on the lots shared with the D. R. Horton project.
Mr. Porto pointed out on Page L-2 of the plans where the open-view fencing lots will be located.
He continued the Master Stage 1 Development Plan for Positano determined which lots would
have view-fencing. He stated the D. R. Horton, Cortona lots will have views above the K.
Hovnanian, Livorno lots.
Chair King asked if there would be a Homeowners Association.
Mr. Montgomery answered yes.
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There was a discussion regarding open-view fencing and possible view issues with the HOA or
the surrounding developments. Chair King urged the Applicant to ensure that view
restrictions are addressed in the CC&R's and that homeowners are aware of the restrictions
when buying their home.
Mr. Montgomery stated he would ensure that all homeowners read and sign the CC&R's at the
time of purchase.
Chair King closed the public hearing.
Cm. Swalwell stated he liked that there are 3 plans, he felt it was a nice balance with Positano,
and not too dense. He mentioned the Applicant is exceeding the requirements of the Green
Building Ordinance. He also encouraged the Applicant to include information regarding views
in the CC&R's. He complemented Mr. Porto and the Applicant for a well done project.
Cm. Wehrenberg stated she liked the architecture and attention to detail and is in support of the
project.
Chair King stated he was in support of the project.
On a motion by Cm. Swalwell and seconded by Cm. Wehrenberg, on a vote of 3-0-2, with Cm.
Brown and Cm. Schaub being absent, the Planning Commission approved:
RESOLUTION NO. 10- 40
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW
FOR LIVORNO AT POSITANO, FOR
69 SINGLE FAMILY DETACHED RESIDENTIAL UNITS ON
APPROXIMATELY 16.7 ACRES WITHIN TRACT 8036
PLPA-2010-00043
8.3 PA 06-060, Avalon Bay Communities, Dublin Station (Transit Center Site C) for Stage 1
Development Plan Amendment and Stage 2 Development Plan, Site Development Review,
Vesting Tentative Map 7929, and Development Agreement submitted by Avalon Bay
Communities, Inc.
Mike Porto, Consulting Planner presented the project as outlined in the Staff Report.
Cm. Swalwell asked what type of security the project will have.
Mr. Porto answered the buildings will be secure with gated parking and each resident will have
an FOB for entrance into both the parking garage and the residence buildings.
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Cm. Swalwell asked what type of restrictions will be on the 25 on-street parking spaces.
Mr. Porto answered there will be a maximum 2 hour parking limit on the public streets
throughout the Dublin Transit Center development. He continued this is consistent with the
Elan and Avalon I projects.
Cm. Wehrenberg asked if the glass area on the top floor is livable space.
Mr. Porto answered yes, and stated it is a compilation of an urban look and the traditional
elements of the Avalon I building.
Cm. Wehrenberg felt it was a good change from the original project and liked how they
addressed lighting on the garage and security which were the two main concerns of the
Commission. She also liked the garage access and that they eliminated the Commissiori s
concern regarding bike storage.
Mr. Porto responded there is a significant amount of storage in the project. He stated the
increase in storage came from increasing the architectural elements to create the different roof
planes that the Commission had requested.
Cm. Swalwell asked if Mr. Porto felt that increasing the residents in the development would
help to increase the retail in the project.
Mr. Porto answered there are 12,000 sq ft of vacant retail space. He continued there have been
various retail users brought forward but nothing has worked. He stated the way the PD was
written the retail component is ancillary which gives some flexibility. He continued this
developer located commercial adjacent to other commercial to group them together which could
be a way to activate the retail/commercial area.
Cm. Swalwell asked what type of retail is anticipated for the development.
Mr. Porto answered the types of uses would be food, coffee, dry cleaners; establishments that
would have more service oriented uses, which would work with the livability of the area, plus
the proximity to the BART garage.
Mr. Porto felt this commercial space would become successful over time and mentioned the
Fairway Ranch development at the Groves, where there are 5,000 sq. ft. of ancillary commercial
still vacant. He mentioned the Tralee project where it has worked with the same type of
element and similar types of uses.
Cm. Wehrenberg stated this development is designed to eliminate cars and create an area where
residents can walk to most conveniences. She asked if in the future when the economy and the
City are back on track would there be a possibility of converting some of the units to retail.
Mr. Porto suggested asking the Applicant but he did not feel it would be easy to do.
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Mr. Porto mentioned there is also additional retail available across the street in front of the
BART garage.
Chair King asked about the circular area in the middle of the project.
Mr. Porto answered that is the end of Hamlet Lane. He stated that street is for Fire truck access,
private on-street parking and trash collection trucks.
Cm. Swalwell asked if there are any PG&E gas lines that the City should be concerned with in
the project area.
Mr. Porto answered the Public Works Department is currently doing inspections on all gas lines
in the City and making a report to the City Manager.
Chair King opened the public hearing.
Tom Sheldon, GGLO Architects, spoke in favor of the project and presented a Power Point that
showed a comparison of the previous project submittal and the current project which took into
consideration the Planning Commissions comments from the earlier submittal. He stated the
Commissiori s concerns were: the sense of arrival, a reduction of the horizontal appearance in
the roof lines, more variety of materials with more texture, more variety in the elevations, and
more colors.
Cm. Wehrenberg asked if there were any bike paths planned for the development.
Mr. Sheldon mentioned the City's bike path plan.
Mr. Porto mentioned the Bikeways Master Plan and the Iron Horse Trail which is to the west of
the project, but does not intersect with it.
Cm. Wehrenberg felt it was unfortunate there were no bike paths in the project because it is so
close to BART.
Cm. Swalwell agreed with Cm. Wehrenberg.
Mr. Porto stated the streets are all built and the infrastructure is in place. He stated as part of
the original plan there are no paths, other than the Iron Horse Trail, in the area. He felt this
issue should have been thought out a bit more thoroughly back in 2000-03, but with these
individual projects it is hard to retrofit streets and it becomes the City's responsibility.
Jeff Baker, Planning Manager mentioned the City has a Bikeways Master Plan which shows a
circulation map with existing and proposed facilities. The concepts of the Bikeways Master Plan
have been incorporated into the Multi-Modal maps in the General Plan. He continued there are
proposed Class 2 facilities included in the Transit Center, as well as, the Arnold Road facility
which provides pedestrian and bike access to the site.
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1 02
Mr. John Rennels, BART, Principal Property Development Officer, spoke in favor of the project.
He felt the project was a good example of a creative public/private partnership. He stated
BART entered into the partnership in arder to increase parking at the station and create a sense
of place and community.
Cm. Wehrenberg asked how Dublin can have BART add a story to their parking garage.
Mr. Rennels stated BART anticipated the addition of parking would be needed. He stated
BART has environmentally cleared an adjacent parking garage to accommodate an additional
500 spaces.
Fatimah Rambo, resident of Avalon I was concerned about traffic and asked if there was a plan
to alleviate excessive traffic in the Dublin Transit Center area with this new project. She stated
there is only one lane in each direction on Iron Horse Pkwy with only a STOP sign for control.
She felt that with an additiona1486 apartments, getting out of the Avalon I garage will be even
more difficult.
Mr. Porto stated Iron Horse Pkwy is built to its ultimate improvement. He stated there are two
access points out of the Avalon Bay Apartments. He discussed Ms. Rambo's chosen path out of
her garage and felt there were other access points that could make it easier to exit the complex.
He stated there are no plans to widen Iron Horse Pkwy.
Cm. Swalwell asked if a signal would be better then the stop sign.
Mr. Porto answered t here were no signals planned for any of the intersections, the traffic
analysis indicated the stop improvements would serve the pedestrian and traffic needs in that
area. He stated signalization was not considered at that time.
Cm. Wehrenberg felt a signal in that area could create problems on Dublin Blvd.
Mr. Porto continued no signalization was considered at the intersection of Martinelli and Iron
Horse Pkwy because of the type of traffic patterns and urbanization that the developer was
trying to achieve. He stated there was one intersection primarily regulated by stop control
instead of signal control.
Cm. Wehrenberg asked about striping on the streets to keep an area clear at the exit points.
Mr. Porto stated the streets are public streets at this point and should be addressed with the
City's Traffic Engineer.
Mr. Porto asked Ms. Rambo if she had spoken to anyone at the City to address this problem.
Ms. Rambo answered no and Mr. Porto asked her to speak with him after the meeting so that he
could give her contact information.
Chris Page, resident at Elan spoke regarding the traffic problem. He felt the traffic would be
worse with the number of units in the area being doubled. He is adjacent to DeMarcus Blvd
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and has experienced back-up's of up to 10 minutes to get out to Dublin Blvd. He wanted to
understand how this development will mitigate the traffic problem.
Chair King felt the traffic is a problem and might become worse and would like the City to
address the traffic problem at the Dublin Transit Center area.
Mr. Baker felt some of the traffic concerns were directly related to the operation of BART. He
stated that the project may help to alleviate some traffic by eliminating BART surface parking
spaces with the project. Project residents would travel in the opposite direction, leaving the
Transit Center when BART patrons arrive in the morning. He stated the City has a Traffic and
Safety Committee which reviews traffic concerns, intersection delays and that sort of thing, he
offered to relay this information to that committee and ask them to take a look at the
functionality of the intersections and determine if there is a need for improvements. He
mentioned Mr. Page and Ms. Rambo should taik to Mr. Porto to get contact information and he
will relay their concerns to the Traffic and Safety Committee.
Cm. Wehrenberg stated there is a Condition of Approval regarding traffic on Iron Horse Pkwy
and DeMarcus regarding frontage improvements, she asked if the Commission could add a
condition to study the traffic problems at this project.
Mr. Baker answered the Commission could do that as part of the City's process. He stated the
streets have been designed for the assumed capacity of the areas, but the City can look at the
functionality and determine if there are improvements that can be made as part of the Traffic
and Safety Committee.
Cm. Swalwell felt the project is more pedestrian friendly, safer and more secure, but is still
concerned with traffic. He wants to support the project but traffic is an unfareseen issue that he
would want more information about
Cm. Wehrenberg stated the Planning Commission reviewed the traffic study as a whole for the
Dublin Transit Center and felt the traffic was overlooked with the expectation that a lot of the
residents would be taking BART versus using their cars.
Mr. Porto stated the project was originally evaluated as the Transit Center in 2000 and approved
in 2003. He continued there was an EIR with an extensive traffic analysis as part of the
document. He stated there are no additional units being added anywhere in the Transit Center
that were not considered with the original PD and the streets were designed in accordance with
the traffic analysis at that time. He continued that time has passed, people have moved in and
the project has been developed exactly as it was anticipated at the time. He stated public
improvements need to be reviewed from time to time to ensure proper operation. He felt the
Traffic and Safety Committee is the proper body to look at the concerns and determine what can
be done. He stated these are public streets at this point and not something the developer has
any control over because the improvements have already been constructed.
Cm. Swalwell asked if the Commission can add a Condition of Approval that would make the
Commissiori s approval subject to the Traffic and Safety Committee's approval.
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Mr. Baker answered they could add a condition to have the Traffic and Safety Committee
review the adequacy of the streets in the project.
Cm. Swalwell felt he would like to have the Traffic and Safety Committee co-sign on the project
because they are the experts.
Cm. Wehrenberg asked if the cost associated with any improvements would fall on the City of
Dublin.
Mr. Baker answered yes since they are public streets that have been accepted by the City in
anticipation of the development in the area. He stated the City would need to look at how the
intersections are functioning and what impact this project would have on the traffic.
Cm. Wehrenberg asked if signage to the BART parking garage would be a good idea and also
felt improving signage could redirect the traffic.
Mr. Baker stated that would be some of the many things the Traffic and Safety Committee
would look at to see what kind of options are available.
Cm. Wehrenberg felt striping the intersection to keep it clear would be a big improvement.
Cm. Swalwell felt the traffic was an unforeseen problem that is not the developer's fault. He
stated that since the problem falls to the City we must find a way to handle it. He asked what
the consequences would be if the Commission held up the project to have the Traffic and Safety
Committee evaluation it.
Chair King asked if the Commission approved the project would that stop any opportunity to
mitigate the traffic problems.
Mr. Porto answered no.
Chair King asked that whatever can be done can still be done if the Commission approves the
project.
Mr. Porto answered yes; the streets are the City's responsibility.
Pat Cashman, Alameda County Surplus Land Authority spoke in response to the traffic issues.
He stated these issues were anticipated in 1999, 2000 during the traffic studies. He stated that as
traffic conditions change, people shift behavior. He stated that most of the traffic is coming onto
Iron Horse Pkwy instead of Martinelli which is the back entrance to the garage. He stated
Campus Drive, which hasri t been built yet, will further serve the garage. He stated he agreed
with Mr. Baker, the fact is that the 486 residential units will replace 1,000 units of surface
parking which will make the traffic flow completely different. He continued eventually the
hope is to replace 500 of the 1000 parking spaces that will be lost. He felt that the West Dublin
BART Station will help when it opens. He felt the project is still in development and he can
appreciate that with almost 3000 parking spaces that there is an influx in the morning and an
outflow in the afternoon that is severe and he sympathize with residents. He felt this change
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will actual reduce the traffic in the morning and afternoon and there will be more circulation
and better signage to the BART garage.
Chair King asked Mr. Cashman if his view was that this project will help mitigate the traffic
problem.
Mr. Cashman answered yes, because currently there are 1000 cars every morning going into the
surface parking lot all flowing in one direction from Dublin Blvd towards BART. This will
reverse the flow, rather than 1,000 coming in there will be 500 going out. He stated it will
reverse the flow and change the character of those intersections and they will function better.
An audience member asked how this project could reverse the traffic flow.
Mr. Cashman answered in the morning the cars are coming into the BART station and as a
result of this project, 900 surface parking spaces on lot C will be replaced with residential and
there will be approximately 500 units leaving the Transit Center in the mornings. He stated that
reverse flow takes advantage of an intersection without putting a burden on it.
Mr. Cashman felt the signage in the area is inadequate. He stated most drivers dori t come in on
Martinelli, Arnold or Altamirano which is the back entrance that was projected that most people
would use.
Cm. Wehrenberg agreed that the signage is inadequate and she felt that traffic on DeMarcus
Blvd would be used only to drop off and pick up BART passengers.
Cm. Swalwell felt the Planning Commission could make a recommendation to the City Council
and create a record of the Commissiori s concerns and also referring those concerns to the
Traffic and Safety Committee.
Mr. Porto showed a map and pointed out the access points to the parking garage and discussed
the reverse traffic flow.
Cm. Swalwell felt that the West Dublin BART Station will help as well.
Cm. Wehrenberg felt the key issue is the signage and would like to see that addressed on the
project now and asked if the Commission could do that.
Mr. Baker stated these are public streets providing access to the BART station and that the City
has already accepted so signage is the City's and BART's responsibility. He continued the
Traffic and Safety Committee would need to address those concerns.
Chair King felt there are four ways the traffic problem may be relieved: 1) Campus Drive will
be built; 2) reduce the number of parking space available to the public; 3) more signage to
encourage people to use the back entrance; and 4) the West Dublin BART Station opening. He
asked that if the Commission approves the project as submitted it will not foreclose any of the
options to help alleviate this traffic issue.
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Mr. Porto answered yes.
Chair King felt this issue is within the Commissiori s area of concern but he would like to go
forward and vote on the project and then suggest adopting a motion urging the City to address
the traffic issue and create a record of their concerns.
Steve Brophy, resident at Elan spoke regarding the project. He stated he lives on the south side
of the development which looks directly at the new project. He stated he lives on the 611' level
and currently has a view of the hills. He asked about the height of the new project and if it will
block his view.
Mr. Porto stated Mr. Brophy will be a bit higher then this project. He stated the project will be
approximately 5 stories. He stated this project was anticipated at this type of density and
building height at this location. He continued it was originally anticipated that the project
would be higher, up to 8-10 stories. .
Mr. Brophy asked how high the floors are for this project.
Mr. Porto answered the project is a little less than 10 feet/floor.
Mr. Brophy felt there will be some obstruction of view such as chimneys that might obstruct his
view.
Robert Johnson, resident at Elan spoke in favor of the project.
Chair King closed the public hearing.
Cm. Wehrenberg asked what areas were included when the Commission approved the Transit
Center.
Mr. Porto answered the Transit Center is from Arnold Road on the east, Iron Horse Pkwy on the
west, Dublin Blvd to the north, and I-580 on the south. He continued all the traffic movements
and anticipated square footage for development in that area were considered at that time.
Cm. Wehrenberg felt if eventually when those other areas are built there could be a recurrent
traffic problem.
Mr. Porto responded that Martinelli and Iron Horse Pkwy are both constructed to their ultimate
improvement. He continued the City of Dublin usually builds the full improvement when the
roads are built.
Mr. Baker stated the Transit Center was built with multiple access points to provide traffic relief
and some of this access ways have not yet been constructed.
Cm. Wehrenberg felt there should have been other things added originally. She stated she
would be satisfied if the Traffic and Safety Committee would review the Commissiori s concerns
at their earliest possible opportunity. She felt it would be better to address the problem during
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construction. She stated she could make all the findings and found the project to be consistent
with development in the area. She continued the architecture is great, and all issues have been
addressed from 2008, landscaping and lighting are all good and she is in support of the project.
Cm. Swalwell likes the project, he felt the arrival point is excellent, it is safe, and felt it was night
and day different as far as esthetics; traffic is still a concern but not the developer's problem.
He felt the Planning Commission has a responsibility to address the traffic problem. He felt
comfortable making the findings as long as the Traffic and Safety Committee review the traffic
issue. He also felt comfortable that once Campus Drive is open and West Dublin open a lot of
the concerns will be alleviated. He is in support of the project.
Chair King felt the project is beautiful and is in support of the project but is still concerned
about the traffic problems. He felt traffic is an issue that the Planning Commission should be
concerned about but felt satisfied that approving the project wori t make it worse and it appears
the project will help to mitigate the situation.
Mr. Baker stated Staff has heard the Commissiori s concerns regarding traffic and those
concerns will be related to the Traffic and Safety Committee and it will also be reflected in the
minutes.
Cm. Swalwell thanked the residents that came forward to speak on the project and talk about
their concerns. He was confident the Applicant will work with the City to alleviate traffic
problems.
Mr. Baker stated that the Commissiori s issues will be referred to the Traffic and Safety
Committee on September 15, 2010. He was unsure as to when the next meeting was but the
issue will be referred before the City Council meeting. He was unsure that they would be able
to research and resolve the issue before the Council meeting but it would be referred.
Cm. Swalwell stated that his preference would be that the City Council does not act on the
project until the Traffic and Safety Committee has made their report.
On a motion by Cm. Swalwell and seconded by Cm. Swalwell, on a vote of 3-0-2, with Cm.
Brown and Cm. Schaub being absent, znith the caveat that the traffic issue is referred to the Traffic and
Safety Committee, the Planning Commission approved:
RESOLUTION NO. 10 - 41
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A STAGE 1 DEVELOPMENT
PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN FOR THE AVALON BAY
COMMUNITIES DUBLIN STATION PROJECT ON SITE C OF
THE DUBLIN TRANSIT CENTER
PA 06-060
108
RESOLUTION N0.10 - 42
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT
FOR DUBLIN STATION, SITE C, DUBLIN TRANSIT CENTER, AVALON BAY
COMMUNITIES
PA 06-060
RESOLUTION N0.10- 43
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW AND
VESTING TENTATIVE TRACT MAP 7929
FOR AVALON BAY COMMUNITIES, SITE C, DUBLIN TRANSIT CENTER
(APN 986-0054-005-02)
PA 06-060
Chair King thanked the members of the community who came forward to speak to the Planning
Commission.
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).
10.2 Mr. Baker stated that recently there was a Study Session regarding the DDSP and Staff
will release the Downtown Dublin Specific Plan Draft EIR for the 45 day public review
period this week.
10.3 Cm. Wehrenberg asked about the West Dublin BART Station and the Camp Parks
projects and their progress. Mr. Baker stated West Dublin BART is anticipated to be
opened in 2011 and SunCal, the developer for Camp Parks is still in negotiations with the
Army.
ADjOURNMENT - The meeting was adjourned at 8:42:37 PM
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Respectfully submitted,
- ;
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IC4org ing
Chair Planning Commi sion
ATTEST:
Jeff Baker
Planning Manager
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