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HomeMy WebLinkAboutPC Mtg Minutes 12-16-1985 . ~ . ~ ~ Regular Meeting - December 16, 1985 A regular meeting of the City of Dublin Planning Commission was held on December 16, 1985, in the Meeting Room, Dublin Library. The meeting was called to order at 7:32 p,m, by Cm, Mack, Vice Chairman. * * * * ROLL CALL ; PRESENT: Commissioners Barnes, Petty, Mack, and Raley, Laurence , L. Tong, Planning Director, and Kevin J. Gailey, Senior Planner. ABSENT: Commissioner Alexander. * * * * PLEDGE OF ALLEGIANCE Cm. Mack led the Commission, Staff, and those present in the pledge of allegiance to the flag. * * * * ELECTION OF OFFICERS The Election of Officers for the 1986 calendar year had been continued from the meeting of December 2, 1985, due to the absence of Cm. Alexander. By a unanimous consensus, in the continued absence of Cm, Alexander, the Commission waived its rules and proceeded with the election. On motion by Cm. Barnes, seconded by Cm. Petty, and by a unani mous vote, Cm. Mack was elected Chairperson.' On motion by Cm. Petty, seconded by Cm. Barnes, and by a unanimous vote, Cm. Raley was elected Vice Chairperson. On motion by Cm. Raley, seconded by Cm, Barnes, and by a unanimous vote, Planning Director Tong was appointed Secretary to the Planning Commission. * * * * MINUTES OF PREVIOUS MEETINGS The minutes of the regular meeting of November 18, 1985, were approved as submitted. Cm. Barnes requested that the minutes of the regular meeting of December 2, 1985, page 135, the third paragraph, be corrected to read that the Gomez Conditional Use Permit and Variance requests were approved by a"three to one vote", to reflect the fact that Cm, Mack had voted in opposition to the motion. The minutes of December 2, 1985, were approved contingent upon the correction requested by Cm. Barnes. PCM-5-142 - ; * * * * ORAL COMMUNICATION None. * * * * WRITTEN COMMUNICATION Mr. Tong advised that an announcement from Grubb & Ellis of the 1986 Annual Real Estate Forecast Presentation for the Alameda- Contra Costa County Market had been received. Mr. Tong advised that the Commissioners had also been provided with copies of a letter to the Editor of the Valley Times regarding the proposed R. V. Ordinance amendment. In addition, copies of several appealable action and final action letters were given to the ommissioners Mr. Ton advised that no actions had been C . g appealed. * * * * PUBLIC HEARING SUBJECT: 8.1 PA 85-10? Kaufman and Broad of Nothern California, Inc (Applicant and Owner) Planned Development (PD)_ Prezoning and Rezoning, Annexation, Tentative Map, and Site Development review applications involving a 13.9 + acre portion of the Nielsen Ranch Subdivision (Tenta- tive Map 4859) at the extension of Silvergate Drive north of Hansen Drive (continued from the October 17, November 4, November 18, and December 2, 1985, Planning Commission meetings,) Mr. Gailey outlined the details of the review process which had occurred to date and which were highlighted in the Supplemental Staff Report dated December 16, 1985. He summarized that the general concerns of Staff regarding the applications, the actions which have occurred to date, the directions from the Commission which had been given to the applicant, and the results of meetings held between the applicant and the Planning Staff during the week of December 9th. Mr. Gailey stated that Staff continued to recommend that no action be taken on the Site Development Review request (PA 85-017.5), but that the Commission take action on the remaining four requests. Mr. Gailey stated that three conditions had been added to the Conditions of Approval (#68, #69, and #?0), and were outlined on pages 9 and 10 of that document, There was discussion regarding the elimination of units #42 and #51, and the 20' space requirement between units. Mr. Gailey stated that Condominium Site Development standards call for a minimum separation of 20' between units. PCM-~-143 . ! ! Mr. Grudzinski said he had met, as requested by the Commission, with Mr. Johnson (an adjoining property owner) at the Johnson property after the last rain storm. He indicated they had walked the boundary of the property and that Mr. Johnson had expressed his satisfaction with the new fence. Mr. Grudzinski referred to a complaint about a contractor working on the previous weekend. He said he met on the site with the security guard, a policeman and the contractor and the activity had been promptly stopped. He said the contractor indicated he had received City approval to do some erosion control work. Mr. Grudzinski continued addressing the specific conditions outlined in the draft resolutions. Prezoning/Rezoning Draft Resolution: He said Kaufman & Broad continues to request approval for 130 units. Condition 2- He said Kaufman & Broad requests that further Site Development Review be handled administratively. Condition 5- He requested that certain structures, because their footprints were angled at the corners, be allowed to have less than 20' setback between structures, Condition 13 - Mr. Grudzinski suggested this item be dropped as the project would not have entrance gates. Condition 14 - Mr. Grudzinski questioned the necessity for this condition (regarding fire alarm systems) if the Kaufman & Broad is in compliance with requirements established by the DSRSD Fire Department. Condition 16 - Mr. Grudzinski said a spa was not part of the applicant's proposal. Condition 18 - He stated that the phrase "to mitigate traffic impacts which will be aggravated by this project" was inflammatory and should be deleted. Condition 24 - Mr. Grudzinski requested that the wording be changed from "Not a Publically Maintained Street" to read "Private Street", Condition 48 - He requested that the park dedication calculation be changed to coincide with the 130 units being requested. Condition 51 - Mr. Grudzinski said Kaufman & Broad would like to have a phrase inserted to the effect that space provided in each garage would meet the private storage requirement. Condition 52 - Mr. Grudzinski asked for clarification of why this item dealing with appliance upgrades was necessary, and suggested that a phrase be added indicating that this requirement would refer only to a situation wherein the units are used as apartments prior to initial sale. Condition 57 - Mr. Grudzinski questioned the wording in this item discussing public utility easements. Condition 64 - Mr. Grudzinski said this condition, which required enlargement of the western recreation area, appeared to be unnecessary. Condition 65 - Mr. Grudzinski restated his opposition to site changes/unit loss in the south corner of the eastern half of the project. Condition 67 - Mr. Grudzinski requested the word "heavy" (landscaping) be deleted from this condition. Condition 68 - Mr. Grudzinski questioned the applicant's ability to comply with the condition in that the DSRSD easement in the effected area could not be pre-empted in regards to the possible future placement of fill. He said Kaufman & Broad thought the condition has questionable legality, is inappropriate and should be dropped. Condition 70 - Mr. PCM-5-145- ~ ~ Grudzinski indicated he had never seen a condition such as this (requiring a per unit cash deposit to guarantee compliance with project conditions), and questioned its legality. Tentative Map Draft Resolution: Condition 29 - Mr. Grudzinski requested this item, regarding park dedication requirements, be changed to reflect approval of 130 units. Condition 31 - Mr. Grudzinski questioned the grading restriction referred to in this condition. Cm. Raley asked for clarification about the splits and expressed concern that the Staff had not had an opportunity to review the drawings of the recreational areas presented by the applicant at the meeting. On motion by Cm. Raley, and seconded by Cm. Barnes, the public hearing was closed, The meeting recessed for a brief break. The meeting reconvened at 9:30 p.m. Staff responded briefly to Mr. Grudzinski's concerns and suggested revisions. Mr. Tong said that although Staff had not had an opportunity to review the new displays, he felt they probably accurately reflected the applicant's proposals. He said Staff still differed philosophically with what was presented by Mr. Grudzinski. Mr. Tong highlighted the conditians cited by Mr. Grudzinski and restated Staff's position on those conditions. Mr. Grudzinski referred to Condition 66 of the Prezoning/Rezoning Draft Resolution. He said at the previous meeting he had understood that the Commission had indicated a consensus agreement that the wrought iron fence along the periphery of the property was inappropriate. Mr. Tong stated that Staff feels strongly that a fence of this nature is necessary for safety purposes and to facilitate project identity. Mr. Tong referred to the subcontractor that had been working on the previous weekend. He said approval had been given to repair a potential flooding problem, but the subcontractor had not been given approval to work on Sunday or in the location where he worked. After additional discussion by the Commission, the following consensus was reached on the items discussed by Kaufman & Broad and Staff within the draft resolution regarding the proposed prezoning/rezoning. Condition 2- A Public Hearing should be held for the Site Development Review. Condition 5- No flexibility on the 20-foot minimum building separation should be allowed. Condition 13 - This Condition should be modified to explicitly disallow the use of entry gates. PCM-5-146 _ . • ~ Condition 14 - This Condition should be revised to indicate that the Fire Department is to make the final determination of what type of fire alarm system will be installed. Condition 16 - The word "spa" should be deleted. Condition 18 - The phrase "which will be aggravated by this project" should be deleted. Condition 24 - The words "Private Street" should be used instead of "Not a Publicly Maintained Street". Condition 48 - The number of units should remain at 128. Condition 51 - The phrase "or equivalent space in the garage", or similar wording, should be inserted to acknowledge storage space to be created in the garage. Condition 52 - A statement should be added to the Condition reading in effect that "if the units are rented, leased or occupied by someone other than the owners" before the units are initially sold, then the condition outlined in this item will be required to be met. Condition 57 - The wording on this should be corrected to indicate that the easement must be obtained from the appropriate source. Condition 64 - The word "spa" should be dropped. Condition 65 - This should be adjusted to be more specific and should indicate the specific units to be eliminated. Condition 66 - Perimeter wrought-iron fencing should not be required; however, "heavy" or "sufficient landscaping" which will serve as a barrier should be required in its place. Condition 67 - The word "heavy" (landscaping) should be eliminated from the last sentence of this condition. Condition 68 - A statement should be added after the phrase "the developer shall be responsible for the development and recordation of an agreement to read similar to: "to the extent controllable by the developer.° Condition 70 - This item, regarding a per unit cash deposit to serve as a performance guarantee, should be dropped. On motion by Cm. Raley, and seconded by Cm. Barnes, and by unanimous voice vote, the Planning Commission approved the Mitigated Negative Declaration for the project as submitted. PCM-5-147 . • ~ RESOLUTION NO. 85-055 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE BE ADOPTED FOR THE PLANNED DEVELOPMENT PREZONING AND ANNEXATION REQUESTS INVOLVING 13.4 + ACRES GENERALLY LOCATED SOUTHWEST OF THE CITY, AND FOR THE CONCURRENT PLANNED DEVELOPMENT REZONING, TENTATIVE MAP AND SITE DEVELOPMENT REVIEW REQUESTS INVOLVING THE SUBJECT 13.4 + ACRES AND AN ADDITIONAL 0.4 + ACRES LYING WITHIN THE CITY OF DUBLIN, COLLECTIVELY REQUESTED UNDER PA 85-017 KAUFMAN AND BROAD OF , NORTHERN CALIFORNIA, INC. On motion by Cm. Petty, and seconded by Cm. Raley, and by unanimous voice vote, the Planning Commission approved the Resolution recommending the establishment of Findings and General Provisions for the project contingent upon the revisions enumerated above. RESOLUTION N0. 85-056 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE ESTABLISHMENT OF FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT PREZONING AND REZONING CONCERNING PA 85-017 KAUFMAAi AND BROAD OF NORTHERN CALIFORNIA, INC. On motion by Cm. Barnes, and seconded by Cm. Raley, and by unanimous voice vote, the Planning Commission approved the Resolution for the project as presented in Exhibit C, recommending that the City Council direct the Staff to make application to LAFCO for an annexation of the 13.4 + acres into - the City of Dublin. RESOLUTION 85-057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL DIRECT CITY OF DUBLIN STAFF TO MAKE APPLICATION TO THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) INVOLVING APPROXIMATELY 13.4 + ACRES GENERALLY LOCATED SOUTHWEST OF THE CITY OF DUBLIN INVOLVED IN THE REQUEST FILED UNDER PA 85-017, BY KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC. On motion by Cm. Raley, and seconded by Cm. Petty, and by unanimous voice vote, the Planning Commission approved the Tenta- tive Map 5410 concerning the project as presented in Exhibit D. PCM-5-148 ~ • • RESOLUTION 85-058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING TENTATIVE MAP 5410 CONCERNING PA 85-017.4 KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC. * * * * OLD BUSINESS None. * * * * NEW BUSINESS SUBJECT: 9.1 Review of Planning Commission Rules and Procedures. Mr. Tong referred to Exhibits A and B, Planning Commission Rules and Procedures, and excerpts from the Planning Commisison Handbook, and said it was appropriate for the Planning Commission to periodically review its Rules and Procedures. He asked the Commission to give consideration to these items, said that if other sections of the Planning Commission Handbook were of interest, Staff would make a copy of the sections available to the interested Commissioners, and stated that if requested, the sections could be placed on a future agenda for consideration. The Commission requested that Mr. Tong draft procedures regarding the appointment of an alternate Planning Commissioner. This will be placed on a future agenda. * * * * UNFINISHED BUSINESS None. * * * * OTHER BUSINESS Cm. Petty questioned the status of plans for the building of the eight lots at the top of Di11on Way. Mr. Tong said that, to his knowledge, plans had not yet been submitted. Mr. Tong advised that the City Council meeting scheduled for December 23rd had been cancelled. He stated that a special meeting will be held on Wednesday, December 18, 1985, to handle bonding for financing the acquisition of the proposed City Hall site. PCM-~-149 ~ i • PLANNING COMMISSIONER'S CONCERNS Cm. Barnes asked if it would be possible to make coffee available at the Planning Commission meetings. Mr. Tong said he would look into the feasibility of this. Cm. Petty said he was opposed to this suggestion. Cm, Mack and Barnes were in agreement with it. * * * * ADJOURNMENT There being no further business, the meeting was adjourned at 11:05 p.m. Respectfully submitted, _ ~ P anning mmis ion Chairman Laurence L. Tong, Planning Director * * * * PCM-5-150