HomeMy WebLinkAboutPC Minutes 11-17-1992 ' • •
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~ Special Meetinq - November 17, 1992
A special meeting of the City of Dublin Planning Commission was held
on November 17, 1992, in the Dublin Civic Center Council Chambers.
The meeting was called to order at 7:00 p.m. by Commissioner Zika.
ROLL CALL Commissioners Barnes, Burnham, North, Rafanelli and Zika;
Laurence L. Tong, Planning Director; Brenda Gillarde, Planning
Consultant; Libby Silver, City Attorney; and Gail Adams, Recording
Secretary.
SUBJECT: PA 87-031 Eastern Dublin Responses to Comments regarding the
Specific Plan - Part II
Cm. Zika indicated that this was a continuation of the November 16th
meeting and discussion would start with Letter #5 from the Dublin San
Ramon Services District.
Ms. Gillarde indicated that most of the comments dealt with clarifying
information. Staff has agreed with most of the comments. The
exceptions are outlined in the staff report.
Ms. Gillarde reviewed Comment #1 regarding the inclusion of SB 1019
within the Specific Plan. Staff has no jurisdiction over mandating
water or wastewater services and recommended that the text remain as
shown in the Specific Plan.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde continued on to Comment #2 regarding wastewater storage
areas. It would be premature to specify storage tank locations at
this time and Staff recommended the text remain as is.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde went on to Comment #3 regarding recycled water service
with Table 9.1. Staff recommended that the table add a third bullet
under "Phasing-Developer" which would state "secure permits in
conjunction with DSRSD for recycled water."
Ms. Gillarde indicated that DSRSD has adopted policies requiring the
use of recycled water in its service area.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with 5taff's recommendation.
Ms. Gillarde reviewed Comment #4 regarding utility and connection fees
and financing alternatives. Staff recommended revisions to the text
to include reference to fees from DSRSD and Zone 7 and reference to
potential fees for the TWA project.
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, Ms. Gillarde pointed out that TWA has certified their EIR; however it
has not selected a project alternative.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde moved on to Comment #5 regarding utility impact fees.
This issue will be discussed at the specific development review
process. Staff recommended that the text remain as is.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendations.
Ms. Gillarde continued on to Comment #6 regarding Appendix 6,
requesting an update to reflect the TWA project capacity requests.
These figures are not yet known and Staff recommended this language
not be inserted.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde moved on to Letter #6 from the City of Livermore.
Comment #1 requested a reduction in the development of Doolan Canyon.
She commented that Doolan Canyon is outside the Specific Plan area and
5taff recommended that the text remain as is.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendations.
Ms. Gillarde referred to Comment #2 regarding the proposed Livermore
Airport protection zone. The land uses do not conflict with the
currently approved Airport Protection Zone. Staff recommended that
the text remain as is.
Cm. Rafanelli asked what happens if the updated Airport Protection
Zone plan is approved. Will the land uses have to be revised for that
area.
Mr. Tong indicated that if the plan becomes an adopted airport land
use policy, the City Council would have to override the vote with a
4/5ths majority to allow the proposed land uses. The City would,
however, have to accept certain liabilities.
Cm. Rafanelli had concerns with land uses, such as schools and multi-
family homes, being developed within the airport flight pattern. The
City has a responsibility to prevent hazards within that area because
of the potential for airplane accidents.
Cm. North indicated that the Livermore Airport was privately owned and
felt that there were other flight patterns. We had na obligations to
the City of Livermore.
Cm. Rafanelli disagreed and felt that the airport was an asset for the
Tri-Valley area. As the valley grows, we could see more commuter
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fliqhts and could be an alternative to the traffic problems on the
freeways.
Cm. North stated that there were too many residential areas around the
airport to allow commercial flights.
Mr. Tong indicated that the Livermore report identifies noise and
safety concerns. He noted that there were hundreds of existing
dwelling units, as well as schools, adjacent to the airport and within
the present airport protection area which were much closer than
eastern Dublin. These people will be far more impacted than anyone
within eastern Dublin.
Cm. Rafanelli pointed out that it was unfortunate that these homes and
schools were located so close to the airport; however, we should not
repeat our mistakes.
Mr. Tong stated that Staff was in agreement with the current noise and
safety standards within the eastern Dublin area. There is a problem
with the impacts of the existing residents. Even with an 80~ increase
in airport operations and projections to 2010, there is no
documentation showing significant impacts to the eastern Dublin area.
There is merit to an airport protection area; however Livermore's
report indicates that the 65 CNEL contour lies south of I-580.
Cm. Burnham indicated it was his understanding that the proposed
airport protection zone would allow single-family residence and not
allow schools or commercial uses. What is the difference?
Mr. Tong explained that the City of Livermore proposal would not allow
any type of residential use or schools within the buffer zone. There
are already hundreds of dwelling units, schools and parks in the
proposed APA within the City of Livermore. These people would be the
most impacted by the proposed protection area. The report shows these
impacts as south of I-580. There is no exceeding of standards north
of I-580.
Cm. North reiterated that it was not Dublin's responsibility to lessen
the impacts of the Livermore Airport. Livermore needed to change
their flight patterns.
The Commission described alternative flight patterns the airport could
use.
No further comments were made by the Commission and with a straw vote
of 5-0, the Commission concurred with Staff's recommendation.
Ms. Gillarde continued on to Comment #3 regarding traffic volumes
generated by commercial/industrial development along Dublin Boulevard.
There is information on page 51 of the Specific Plan that deals with
this concern and Staff recommended the text remain as is.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
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Ms. Gillarde continued on to Letter #7 which commented on Fiberoptics.
Staff recommended revising Chapter 5, section 5.7 to add a reference
to consider the use of Fiberoptics to reduce daily commuting traffic.
Cm. North asked why be limited to Fiberoptics and requested that the
language state, "...Fiberoptics, or other means to reduce daily
commuting...".
No further comments were made by the Commission and with a straw vote
of 5-0, the Commission concurred to add Cm. North's additional
language to Staff's recommended revision.
Ms. Gillarde went on to Letter #8 which commented on the junior high
school location. She referred to Staff's response to Comment #1-1.
Staff recommended retaining the text as shown.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde moved on to Letter #9 from John Anderson, a Dublin
resident. Comment #9-2 referred to violation of Policy 4-5 for the
Tassajara Village Center. The development is not intended to be laid
over the creek. The creek would be an integral part of the developed
area. Staff recommended that the text remain unchanged.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde indicated that the rest of Mr. Anderson's comments were
editorial in nature. She briefly reviewed Comments 9-1; 9-3; 9-4; 9-6
through 9-10 and indicated Staff's position which were detailed in the
staff report.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde continued on to Letter #10 from the Preserve Area
Ridgelands Committee. She indicated that the issues within this
letter have been addressed in previous responses and Staff felt that
no additional action was required by the Commission.
No comments were made by the Commission and with a straw vote of 5-0,
the Commission concurred with Staff's recommendation.
Ms. Gillarde moved on to Letter #11 from Gregg Anderson regarding
redesignating the open space land use on his property to residential
uses. She pointed out the site on the wall map. Staff recommended
modifying the text to clarify the purpose of the foreground hills and
the potential to develop the backside of the hills as long as the
ridgeline was preserved.
Cm. North felt that Mr. Anderson wanted to develop his property and
asked Staff for clarification.
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Ms. Gillarde explained that most of his property was designated
single-family and indicated that Mr. Anderson has development
potential. She indicated that the back side of the "green" area on
the wall map could be developed; however the front side needed to be
kept undeveloped.
Cm. North asked if these hills were over 30~ grade.
Mr. Hammond stated that the hills were designated as "visually
sensitive". This section of hills forms the skyline from I-580.
Approximately 8.8 acres of the Anderson property is in open space. It
is permissible to have units developed behind the ridge as long as
they do not extend above it.
Cm. Burnham asked if the visual impacts were the only reason the land
is not developable.
Ms. Gillarde indicated yes. This would create a visual buffer for the
development that would occur behind it. She pointed out several
developments that were proposed behind the hills.
Cm. North asked if the open space area would be broken as indicated in
the letter.
Ms. Gillarde referred to Croak Road which already existed; however the
land would be connected.
Cm. Burnham felt that it would be more feasible to develop this piece
of raw land since there would be development all around it. This
portion of land would stick out.
Ms. Gillarde pointed out that this issue was discussed at several
study sessions and the Council felt that it was important to preserve
this area as a visual resource.
Mr. Hammond explained that if development was to occur on the
ridgelines, those houses would form the skyline. The General Plan
recommends against this type of development.
Mr. Tong referred to Appendix A-46 which shows the land use mix on the
Anderson property. He reviewed the acreage of development and
indicated that there was a fair amount of development that was allowed
on this property.
No further comments were made by the Commission and with a straw vote
of 5-0, the Commission concurred with Staff's recommendation.
Ms. Gillarde indicated that the Commission had requested that certain
policies of the General Plan Amendment and Specific Plan be reworded.
She referred to General Plan Amendment Policy 3.1B. She reviewed the
three requirements for considering development in areas over 30%
slope.
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Cm. North had concerns with requirement #2 which stated "...a minor
portion...". This could be as much as 49o and he felt that something
more specific should be used, such as "under 20~".
The Commission discussed several language options for requirement #2
and indicated that the wording should be "less than 20~" instead of "a
minor portion". They clarified that all three criteria had to be met
in order to allow development on 30~ slopes.
Ms. Gillarde continued on to General Plan Amendment Policy 3.2A
regarding the Williamson Act. She reviewed the revised wording shown
in the staff report with the Commission.
Cm. North requested that the word "generally" be struck from the
language. This word weakens the statement.
The Commission concurred and requested Staff to delete the word
"generally".
No further comments were made by the Commission and with a straw vote
of 5-0, the Commission, with the two revisions requested, concurred
with Staff's recommendation.
Ms. Gillarde indicated that this was the end of Staff's presentation
on the Eastern Dublin project.
OTHER BUSINESS
None
PLANNING COMMISSION'S CONCERNS
Cm. Burnham had a concern regarding the upcoming Council agenda
regarding the appointment of Planning Commissioners. He objected to
the Mayor having the power to appoint or discharge a Commissioner. He
felt that a majority vote process would be more appropriate.
Cm. Barnes pointed out that the existing procedures allow a
Councilmember to discharge its appointed Commissioner.
Cm. Burnham explained that he was concerned that it took a majority
vote to appoint a Commissioner and at the same time, the Mayor had the
power to discharge that Commissioner.
Cm. North understood that the new process is the same as the old
procedures; except that the Mayor wants to have the same authority to
appoint and discharge the Commissioners. He asked Mr. Tong for
clarification.
Mr. Tong explained that under the existing ordinance the individual
Councilmember selects each Commissioner and announces this selection
at the next regular meeting. They do not have to confirm the
appointment. The Commissioners can be removed by the individual
appointing Councilmember. State law provides that if there is a
directed elected Mayor, the Mayor can appoint the Commissioners,
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subject to confirmation from the Council. However, the law does not
state clearly how the removal process is determined.
Mr. Tong further explained that a subcommittee has been formed to
screen and make recommendations to the Council. This subcommittee
consists of the Mayor and a Council person. This recommendation will
be reviewed by the Mayor and the appointments will be subject to a
majority of the Council. At this last Council meeting, an ordinance
was introduced to allow the Mayor the sole discretion to remove an
individual Commissioner. The second reading comes up at the next
meeting. The ordinance takes 30 days after that to take effect.
Mr. Tong indicated that in the interim, the Mayor is requesting that
the current Commissioners continue to discuss and make recommendations
on the Eastern Dublin studies.
Cm. North had concerns with Wayne's Gun Shop. The van has been
sitting for awhile and has a flat tire. This van will block the
center's sign.
Mr. Tong indicated that he would have the Zoning Investigator look
into it.
Cm. Zika continued the meeting to December 7, 1992 at 7:00 p.m. The
meeting was adjourned at 8:10 p.m.
Respec fully submitted,
r-~-r'
annin ommissi Chairperson
Laurence L. ong
Planning Director
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