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HomeMy WebLinkAboutPC Minutes 09-19-1988 I . ~ i ~ Regular Meeting - September 19, 1988 A regular meeting of the City of Dublin Planning Commission was held on September 19, 1988, in the East Room, Shannon Community Center. The meeting was called to order at 7:00 p.m, by Cm. Barnes, Chairman. ~~*~c ROLL CALL PRESENT: Commissioners Barnes, Burnham, Mack, and Zika, Laurence L. Tong, Planning Director, Maureen 0'Halloran, Senior Planner, Laura Hoffineister, Associate Planner and Gail Adams, Planning Secretary. ABSENT: Commissioner Tempel ~ ~ ~ ~ PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Barnes led the Commission, Staff, and those present in the pledge of allegiance to the flag. ~ ~ ~ ~ ADDITIONS OR REVISIONS TO THE AGENDA None ~ ~ ~ ~ ~ MINUTES OF PREVIOUS MEETING The minutes for the meeting of August 23, 1988 were approved, as corrected. The minutes for the meeting of August 24, 1988 were approved. The minutes for the meeting of September 6, 1988 were approved. The minutes for the meetings of August l, 1988 and August I5, 1988 were held pending a quorum of all Commissioners from those meetfngs. ~ ~ ~ ~ ORAL COMMUNICATIONS None ~ ~ ~ ~ WRITTEN COMMiJNICATIONS Mr. Tong advised that the Commission had received 6 action letters and 1 I notice of appeal. Regular Meeting PCM-7-168 September 19, 1988 I ~ ! • PUBLIC HEARINGS SUBJECT: PA 8$-051 Village 5 Conditional Use Permit Appeal Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Tong indicated that this application was an appeal of the Planning Director's action on August 11, 198$, conditionally approving a Site Development Review request to construct a 204-unit apartment/condominium complex. Mr. Tong indicated that on August 19, 1988, the Applicant appealed the Planning Director's decision to the Planning Commission. Mr. Tong indicated that Staff had met with the Applicant on numerous occasions and the issues of concern were clarified. He indicated that Staff had received a letter from the Applicant on September 12, 1988 requesting the withdrawal of their appeal request. Mr. Tong indicated that Staff recommends the Planning Commission accept the Applicant's request for withdrawal and Staff will send a revised Appealable Action Letter to the Applicant. Cm. Mack asked if the Applicant had agreed with Conditions #41 and #43. Mr. Tong indicated that the conditions were clarified and the Applicant was satisfied with the agreement. Cm. Zika asked if the appeal had to do with the parking space widths. Mr. Tong stated that adjustraents were made to the proposal in regards to parking space setbacks, parking stall widths were reviewed and the dimensions for compact stalls would be 8 feet x 16 feet. Cm. Barnes closed the public hearing. On motion from Cm. Mack, seconded by Cm. Zika, with a vote of 4-0-1 (Cm. Tempel was absent), the Planning Commission approved the Applicant's request for withdrawal of the appeal. SUBJECT: PA 88-078 20/20 Recycle Center Conditional Use Permit, located at Pak'n Save, 6633 Dublin Boulevard (continued from September 6, 1988 meeting) Cm. Barnes opened the public hearing and asked for the Staff Report. Ms. Hoffineister indicated that there were three separate but similar applications and would like the Planning Commission to approve them separately as there were specific resolutions for each. Regular Meeting PCM-7-169 September 19, 1988 i ~ ~ ~ . . The Planning Commission was in agreement with Staff. Ms. Hoffineister indicated that the first application was for a Conditional Use Permit to permit recycling containers to be located on the Pak'n Save Shopping Center parking lot. Ms. Hoffineister indicated that on April 28, 1988, the Planning Director approved a Site Development Review request to remodel portions of the exterior facade of the existing Liquor Barn and the Applicant appealed the Planning Director's action on May 2, 1988. She stated that on June 28, 1988, the Applicant withdrew their appeal and the Planning Commission approved the withdrawal on April 5, 1988. Ms. Hoffineister indicated that the Zoning Ordinance requires that a Conditional Use Permit be obtained from the Planning Commission for the operation of recycling centers. She stated that conditional uses must be analyzed to determine whether or not the use is required by the public need; would be properly related to other land uses; would not materially affect the health or safety of persons in the vicinity; or if the use would be contrary to the specific intent clauses or performance standards for that district. Ms. Hoffineister indicated that State Assembly Bill 2020 was signed into law in the Fall of 1986 and this law requires supermarkets having two million dollars or more in sales per year to provide redemption outlets within a 1/2 mile radius of the supermarket. She indicated that the proposed 20/20 operation is one accepted method that can be used to satisfy the State requirements. Ms. Hoffineister indicated that this use would consist of five igloos and one kiosk and would occupy approximately two-three parking spaces. She indicated at present there was one re with blue trim kiosk and four i loos• S y g , one each of red, green, blue and white coloring. She indicated that a fifth igloo cou l d be a d ded in the future to accommodate newspaper recycling. Ms. Hoffineister stated that the location at Pak'n Save Shopping Center, next to Li uor Barn would _ Q , not hinder traffic and is placed in an under utilized I . arkin a p g rea; however, Staff recommends the units remain in their existing location rather than in the handicap parking as shown by the Apglicant. Ms. Hoffineister indicated that Gonditions of Approval had been included in the draft resolution and Staff recommends approval of the Conditional Use Permit for PA 88-078. _ Nancy Bernarcas, Applicant, was in compliance with Staff's recommendations except for Condition #4. She indicated that the site needed to be mobile and Condition #4 was for a more permanant landscape structure. She indicated the company could not accommodate the expense of landscaping and would also hinder visability. Cm. Zika asked if the igloos were accessible without an attendant. He indicated that Lucky's parking lot was in shambles because of newspapers being dropped off. Ms. Bernarcas agreed that there was a trash problem and would work with the store to correct the problem. Regular Meeting PCM-7-170 September 19, 1988 ~ i • Cm. Burnham indicated that he agreed with the trash problem; however the shrubs were a new issue. Ms. Hoffineister clarified that the additional landscaping would consist of a few plants within the existing planters. Cm. Burnham questioned Condition #6 in regards to limited operating/pick-up hours. Ms. Hoffineister clarified that trucks coming in at 2-4 a.m. in single-family residential areas would cause a lot of disturbance. She indicated that Albertsons was in a commercial district so Condition #6 would not apply. Cm. Burnham asked why there was a problem with the lacation as shown on Attachment #2. Ms. Hoffineister indicated that the Applicant's submittal shows the igloos within handicap stalls and they should stay within the existing location shown on Attachment #2. Cm. Barnes closed the public hearing. Cm. Burnham indicated that he would prefer the igloos to be out in the open where people can see them. Cm. Mack indicated her agreement with the Applicant and would not want a visability problem. Cm. Zika indicated that he would like to see the landscaping improved. Cm. Barnes would like Condition #4 eliminated and changes made to Condition #6 to read no restrictions on pick-up times for the Pak'n Save site. On motion from Cm. Mack, with the deletion of Condition #4 and #6, seconded by Cm. Zika, and with a vote of 4-0-1, the Planning Commission approved PA 88-078 20/20 RECYCLE CENTER CONDITIONAL USE PERMIT TO OPERATE A REDEMPTION CENTER IN THE PARKING LOT AREA OF THE PAK'N SAVE SHOPPING CENTER SUBJECT: PA 88-079 20/20 Recycle Center Gonditional Use Permit, located at Lucky, 8909 San Ramon Road (continued from September 6, 1988 meeting) Cm. Barnes opened the public hearing and called for the Staff Report. Ms. Hoffineister indicated that this application was similar to the previous application in regards to background. She indicated that the proposed location was too close to a residential area and Staff requests that the igloos be moved closer to the Shell Station. Regular Meeting PCM-7-171 September 19, 1988 , . • Cm. Zika asked if there were any complaints from the residence. Ms. Hoffineister indicated that the igloos have not been in the shopping center very long; however, the intention is to have them placed as far away from the residential area as possible. Cm. Burnham indicated that additional screening was not necessarsy. Cm. Mack indicated that she would like to remove Condition #4. Cm. Burnham indicated his agreement to remove Condition #4. On motion from Cm. Zika, with deletion of Condition #4, seconded by Cm. Burnham, and with a vote of 4-0-1, the Planning Commission approved PA 88-779 20/20 RECYCLE CENTER CONDITIONAL USE PERMIT TO OPERATE A REDEMPTION CENTER IN THE PARKING LOT AREA OF THE SAN RAMON VILLAGE SHOPPING CENTER SUBJECT: PA 88-080 20/20 Recycle Center Conditional Use Permit, located at Albertsons, 7333 Regional Street (continued from September 6, 1988 meeting) Ms. Hoffineister indicated that this application was for the same uses. She indicated that Staff recommends the location be moved to the adjacent pTanter area and this would not hinder traffic. Staff recommends approval of the draft Resolution. Cm. Burnham asked about the newspaper bin already located on the parking lot and asked if two operations would be allowed on the same location. Mr. Tong indicated that neither one is mandatory and that decision would be up to the property owner. On motion from Cm. Burnham, with the deletion of Condition #4, seconded by Crn. Zika, and with a vote of 4-0-1, the Planning Commission approved PA 88-080 20/20 RECYCLE CENTERS CONDITIONAL USE PERMIT TO OPERATE A REDEMPTION CENTER IN THE PARKING LOT AREA OF THE DUBLIN PLAZA SHOPPING CENTER NEAR. ALBERTSONS SUBJECT: PA 87-045 Hansen Hill Ranch Project - General Plan Amendment Study, EIR, Planned Development Prezoning, Tentative Subdivision Map No. 5766, and Request for Initiation of Annexation Application for 248 dwelling units on 147 acres, west of Silvergate Drive and north of Hansen Drive. Regular Meeting PCM-7-172 September 19, 1988 , . . Cm. Barnes opened the public hearing and asked for the Staff Report. Ms. 0'Halloran indicated that this item had been continued from the August 24, 1988 Study Session. Ms. 0'Halloran indicated that on July 18, 1988 the Planning Commission limited their review and discussion to the EIR, and General Plan Amendment rather than the entire application. She indicated the Commission held the Study Sessions on August 23rd and 24th and that they were a non-decision making format in which the Commission discussed project issues and accepted comments from Staff, Applicant and the public. Ms. 0'Halloran indicated that the main topics were on where to develop and how much to develop. She indicated that the Study Sessions focused on the location of the main entry roadway, removal of oak trees, dust problems, traffic, air pollution, maintenance of open space areas and density and size of the development. Ms. 0'Halloran indicated that at the September 6, 1988 Planning Commission meeting the Commission requested additional information on soil conditions in Area 3, insurance for protection against landslide damages, and location of the roadway accessed off Silvergate. Ms. 0'Halloran indicated that a report prepared by Harding La.wson Associates indicated a landslide zone within Area 3. She indicated the regort did not specifically address the Commissions concerns whether the slides would need to be corrected if no development occurred within the area. She indicated that the Public Works Director indicated that if development does not occur within the immediate vicinity either above or below the landslide area, it is not necessary to correct the landslide and that landslides typica~.ly remain indefinitely if not corrected. Ms. 0'Halloran indicated that in regards to the insurance protection issue, The City Attorney's office indicates the subdivision could be conditioned if such a policy was commercially available. She noted insurance companies were contacted; however a policy is not available to cover landslides. Ms. 0'Halloran indicated that in regards to the access roadway issue, the specific development of the roadway would be established at the Tentative Map and Planned Development stage of the review process and that the Applicant had expressed an interest in working with the residents on this issue. Ms. 0'Halloran indicated that in regards to the density issue, the density measurements are based upon gross residential acreage which include residential land use designation, roadways within the land use and one half the width of abutting roadways to the land use and that open space acreage is not included in these calculations. She stated the Staff has provided an updated table, which was contained on page 9 of the July 18, 1988 Staff Report, showing location, zoning district, and minimum/average lot size of existing residential development. Ms. 0'Halloran stated that the Applicant's proposal indicated single-family residential with 3.2 dwelling units per acre; townhomes with 5.4 dwelling units per acre and patio homes with 6.1 dwelling units per acre. She Regular Meeting PCM-7-173 September 19, 1988 • • . indicated that Staff recommends 2 land use designations instead of 3 as shown on the Applicant's proposal; medium density at 6.l to 8 dwelling units per acre and low density at .5 to 2.8 dwelling units per acre. Ms. 0'Halloran indicated that this would give a total of 61-179 dwelling units. Ms. 0'Halloran indicated that Staff's recommendations did not include density ranges for the proposed patio homes which would result in a total of 95-210 dwelling units. Ms. 0'Halloran indicated that the transfer of density issue was discussed in the July 18th and August lst Staff Reports and this issue does not apply to land designated as open space. She indicated that the implementation of this policy would occur during the review and approval of the Planned Development and Tentative Map phase. She indicated that the Applicant had some legal concerns with this policy and Staf€ recommended that these concerns be submitted in writing to the Planning Department for review with the City Attorney. Ms. 0'Halloran indicated that the Hansen Hill Ranch at present was zoned A (Agricultural) under Alameda County Zoning and that under this existing zoning, the proposed project would be permitted one residential unit. Ms. 0'Halloran indicated that discussions of the EIR, General Plan polices, development constraints and differences between the Staff recommendations and the Applicant's proposal were contained in previous staff reports. Ms. 0'Halloran indicated that Staff recommends the Planning Commission continue the Hansen Hill Pro~ect and direct Staff to prepare resolutions incorporating recommendations from the Planning Commission in regards to: adequacy and completeness of the Final EIR; Land Use Designations; amendment to the General Plan to incorporate the project within the primary planning area; amendment to General Plan to delete Areas 5, 6 and 7 from Table I and Figure 4; amendment to General Plan with regard to the Hansen Drive extension; amendment to General Plan to include policies for traffic - level of services acceptable; and amendments to include fire protection buffer zones. Gordon Jacoby, Applicant, indicated that he appreciated everyone coming to the meeting and introduced David Gates, Jim Joyce from Harding Lawson; Sid Cerate from Wiley & Ham; and Bob Saunders from Bren Company. Mr. Jacoby passed out documents and a map for the Planning Commission and Staff to refer to. He indicated that items la-f on the handout were in support with the Planning Staff. He indicated that he had discussions with Mr. Tong and the City Engineer in regards to modifications to the plans and was in agreement with some areas. Mr. Gates discussed the Applicant's revised plans displayed on the wall, swales, fill, and Areas l, 2, and 3 shown on wa11 map. He indicated that the dark brown areas would be areas that the pro~ect could retreat from. Regular Meeting PCM-7-174 September 19, 1988 . • • Mr. Gates discussed the two main concerns; protecting swales and trees and coming up with a design likable to the community. He indicated that he was looking into solutions for the neighborhood, loop road for police and fire protection and landslide repair. He indicated that Jim Joyce is knowledgeable in regards to landslides. Jim Joyce, Harding Lawson, indicated that the landslide area has not moved in recent years and recommended repair of the landslide area. He indicated that the landslide could move irratically; as in once a year or only once in 50 years; it is difficult to predict. He indicated that slide material could be taken away by erosion and there could be a disruption of trees with some trees already showing deterioration. Cm. Zika asked if Mr. Joyce agreed with avoiding construction. Mr. Joyce indicated that avoidance is okay. The landslide would have to be avoided completely. He discussed a project in Vallejo that had a jogging path and bridge. He indicated that after 10 years there were problems occuring at that project. Cm. Zika asked what assurances do the homeowner's have. Mr. Joyce indicated that past grading practices have caused problems today. He indicated that he was confident that grading practice standards used today, such as additional regulations, recommendations from soils engineers and geologist; excavation practices, subdrainage and surface usage, campacted fill requirements, etc. should not cause any future problems to occur with the landslide areas. Mr. Jacoby stated that the density is within EIR ranges and would like to see high quality homes. He indicated that the EIR shows traffic problems on Dublin Boulevard; however an assessment district could be established in order to pay fees for correcting the levels of service. Mr. Jacoby recommended using the three land use categories as shown in item #2 on the handout. Mr. Jacoby indicated that the level of service issues should only be considered for the Hansen pro~ect at this point. Mr. Jacoby indicated that he had looked into the alignment of the main entry road and the new proposed road would be 40-50 feet away from existing homes. The Planning Commission took a 10 minute break. Cm. Barnes requested that the public use the speaker slips provided. Cm. Barnes asked the Applicant how many trees could be saved within his project. Mr. Gates stated that he had not done the calculations; however many trees would be saved in the swale areas. Regular Meeting PCM-7-175 September 19, 1988 . . ~ Mr. Jacoby indicated that the "brov,m" areas shown on the wall map were ungraded and some trees would be saved in Area 3 and some houses developed there. Ms. LaBar had concerns over needed archealogical studies. She was concerned over recent findings in the San Ramon hills and that the Hansen project could have similar findings. She indicated that it would be very expensive for the developer and laws were put in place by the State to avoid problems occurring later on. Ms. LaBar was concerned over the amount of grading and asked if the a:mount of grading was consistent with City policies. Ms. LaBar complimented the Applicant on the new proposed road location. Cm. Barnes asked Ms. LaBar what was found in San Ramon. Ms. LaBar stated that it was unknown what was found, that this was a grivate matter; however, there were approximately six sites. Mr. Zev Kahn was concerned over the large nurnber of underground streams and what would happen to the fill and slide areas. He asked what the City's views were in regards to density/yield. He was concerned over traffic gridlocks and would like the City to put a moratorium on growth so that the highway expansion could catch up. He stated that the hillside/ridgeline grading would end up being a dump yard for fill. Mr. Anderson indicated that the existing townhomes would be the most affected by this project and was concerned with how close the road was being developed to his home. He stated that he would not have bought the house if he would have known about the road. Mr. Ray Alsdorf, 11422 Winding Trail Lane, was concerned about the road being built so close to his home, the lack of school and daycare facilities, preservation of the open space and traffic flow. He indicated that the open space should be dedicated as a park. Mr. Harvey Scudder, 7409 Hansen Drive, was concerned over open space maintenance issues as well as any future open space areas. He indicated that Homeowner's Associations were inefficient. Cm. Burnham asked the Applicant where he stood on the open space issues. Mr. Jacoby indicated that these issues were still on the table - no decisions have been made as of yet. Mr. Michael Gleason indicated that a liaison committee was needed and that the East Bay Regional Park District has appointed two members and were waiting for the Mayor to appoint members for the City. Ms. LaBar indicated that the East Bay Regional Park District was not in the best position to maintain all of the open space and to serve the residents; the City should take on the responsibility of maintaining the open space area. Regular Meeting PCM-7-176 September 19, 1988 . . • i Mr. Kahn requested his questions needed to be addressed. Mr. Joyce indicated that in regards to the underground streams, they were caused by porous zones in the rock materials that conduct water. On the pro~ect site, there were deposits around the creek but they were not extreme and should not create any problems. He indicated that the seepage at the landslide areas would be corrected. Subdrains would address seepage in the fill areas. Mr. Schuitemaker indicated that there were springs on Hansen Drive. Mr. Kahn indicated that constant running water would erode dirt. Mr. Joyce indicated that a soils engineer would continually be on the site and measures would be taken to correct any problems. A man in the audience asked about the tree landscaping surrounding the proposed road. Mr. Gates indicated that the trees would be evergreen with a maximum height of 25-30 feet, however this would not elleviate the acoustics. He indicated that there would be 3 to 4 levels of trees and 2 levels of trees down the road approximately 12-18 feet tall. He said he will provide a cross section at the next meeting. A man in the audience asked how many vehicles would be going through the roads. Mr. Tong referred to the EIR, page 3-104 in regards to traffic impacts and stated that the EIR shows 3,000 trip ends per day. For comparison, the existing traffic on Silvergate Drive was 1400/1500 vehicles per day north of Hansen; 3700 west of Peppertree, and 4,000 west of San Ramon Road. Mr. Tong indicated that Staff was seeing the Applicant's revised materials for the first time and Staff could not evaluate the Applicant's handout at that time. Ms. LaBar asked if traffic studies were done for Dublin Boulevard and Valley Christian Center road. Mr. Jacoby indicated that the EIR suggested the Valley Christian Valley road be developed. Mr. Tong indicated that at the August 1, 1988 Planning Commission Meeting, Chris Kinzel talked about the Valley Christian Center road development and the reduction of traffic on Silvergate Drive. Cm. Barnes questioned the "trips per day" traffic statistic. Mr. Tong indicated that these statistics are based on an "average" traffic analysis and are commonly used. Regular Meeting PCM-7-177 September 19, 1988 . . Mr. Jacoby indicated that the effect on nearby streets would not exceed level of service recommendations and that the Dublin Boulevard would be the area of concern. Cm. Barnes closed the public hearing. Mr. Tong indicated that Staff was seeking direction from the Planning Commission in regards to General Plan policies, i.e., what areas can be developed and what density ranges will be, level of service and access road, mitigation measures to be incorporated, etc. He indicated that Staff would like to draft resolutions for the next meeting incorporating the Commissions' recommendations and the Planning Commission would adopt these recommendations to forward on to the City Council for public hearing. Cm. Zika asked Staff to check with San Ramon on archaelogy and CEQA requirements. Mr. Zika asked if the EIR can be approved as is without a more detailed archaeology study. Cm. Burnham asked Staff when they had received feedback from Dublin Unified School District. Ms. 0'Halloran indicated that information was updated as part of the Addendum, around July of 1988. Mr. Tong indicated that Staff would like the Planning Commission to identify areas to develop, open space areas, as well as density recommendations. Cm. Zika indicated that he was not prepared to make recommendations because of the new proposed plan. Cm. Barnes indicated that the new proposed plan looked better. She indicated she would like to see the landslide fixed now to protect the creek area. She would like to save as many trees as possible, but to have a nice project, some trees would be lost. Cm. Mack indicated that the open space proposals need to be addressed and would like to see the open space open to the public. She indicated that there seems to be issues related to the dedication of open space, either to the City or East Bay Regional Park District. Cm. Barnes questioned the various bath tubs, beer cans, trucks, etc. that have been left on the property. Mr. Jacoby indicated that he would prefer to see the creek lot areas dedicated to the City and create a landscape maintenance assessment district. Cm. Zika was concerned about the potential liability. Cm. Barnes discussed policies on level of service and fire buffer zones. Mr. Tong indicated that Staff will have analysis of Applicant's proposal for the next scheduled meeting. Regular Meeting PCM-7-178 September 19, 1988 . . s ~ Cm. Barnes suggested to set up the outside portion of the library to accommodate everyone. Cm. Mack asked what the required setbacks from a street would be. Mr. Tong indicated that the setbacks would be the typical single-family 20' minimum front and rear setback, and referenced the Beck Homes project for homes that back to a street. ~ ~ ~ ~ NEW BUSINESS OR UNFINISHED BUSINESS None ~ ~ ~ ~ OTHER BUSINESS Mr. Tong indicated that the City Council had continued the "New Parallel Road. ~ ~ ~ ~ PLANNING COMMISSIONERS' CONCERNS None ~c ~ * ~ ADJOURNMENT There being no further business, the meeting was adjourned at 10:30 p.m. ~ ~ ~ ~ Respectfully submitted, Planning Commission airpe on C~~~~~~~ Laurence L. Tong Planning Director ~ ~ ~ ~ Regular Meeting PCM-7-179 September 19, 19$8