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HomeMy WebLinkAboutPC Minutes 03-02-1992 . ~ ~ ~ Reqular Meetinq - March 2, 1992 A regular meeting of the City of Dublin Planning Commission was held on March 2, 1992, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:30 p.m. by Chairperson Zika. * * * * ROLL CALL Present: Commissioners Burnham, North, Rafanelli and Zika; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; Dennis Carrington, Senior Planner; Libby Silver, City Attorney; David K. Choy, Associate Planner; Ralph Kachadourian, Assistant Planner; Bre~da Gillarde, Planning Consultant and Gail Adams, Recording Secretary. Absent: Commissioner Barnes * * * * PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Zika led the Commission, Staff, and those present in the pledge of allegiance to the flag. * * * * ADDITIONS OR REVISIONS TO THE AGENDA None * * * * MIIVUTES OF PREVIOUS MEETING Minutes for the February 18, 1992 meeting were approved. * * * * ORAL COMMUNICATIONS None * * * * WRITTEN COMMUNICATIONS None * * * * Regular Meeting PCM-1992-34 March 2, 1992 [3-2minJ ' . ' ' ~ • PUBLIC HEARINGS SUBJECT: PA 92-005 Howard Johnson Conditional Use Permit request to continue the operation and use of an existing beauty shop, qift shop, offices, a dance floor and temporary retail sales and auction activities within the existinq hotel use located at 6680 Reqional Street Cm. Zika opened the public hearing and asked for the staff report. Mr. Ralph Kachadourian presented the staff report to the Commission. Staff was recommending approval of the Conditional Use Permit. Mr. Johnson Clark, Applicant, had no concerns with Staff's recommendations. Cm. Zika asked Staff to clarify the amendment of Condition #7a. Mr. Kachadourian clarified that the previous Conditional Use Permit showed this condition as Condition #8a and #8b. It has been consolidated into one condition now showing as Condition #7a. Cm. Zika asked who would be responsible for issuing business licenses for the businesses operating out of the hotel. Mr. Kachadourian indicated that the Finance Department would be issuing the licenses. Cm. Zika closed the public hearing. On motion from Cm. North, seconded by Cm. Rafanelli, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 92 - 015 APPROVING PA 92-005 HOWARD JOHNSON'S CONDITIONAL USE PERMIT REQUEST TO CONTINUE OPERATION OF AN EXISTING BEAUTY SHOP, GIFT SHOP, OFFICES, A COMMERCIAL RECREATION USE OF A DANCE FLOOR AND THE TEMPORARY RETAIL SALES AND AUCTION ACTIVITIES WITHIN THE EXISTING HOWARD JOHNSON HOTEL AT 6680 REGIONAL STREET SUBJECT: PA 92-003 Auto West Collision Auto Body Shop Conditional Use Permit to establish an auto repair shop; Site Development Review to allow an outdoor new and used vehicle storage and the imposition of Traffic Mitiqation Funds located at 5787 Scarlett Court Cm. Zika opened the public hearing and asked for the staff report. Mr. David Choy presented the staff report to the Commission. He indicated that the Applicant was in support of the traffic mitigation fund and would be voluntarily making this contribution. Mr. Choy noted that the "Whereas" statement in the first paragraph of both resolutions (Exhibit B and C) should read that the application is for both a Conditional Use Permit and Site Development Review Regular Meeting PCM-1992-35 March 2, 1992 [3-2min] • , ' ~ ~ approval, as well as the voluntary contribution of associated Traffic Impact Mitigation Funds. Staff was recommending approval of the application. Cm. North referred to page 4 of the staff report and asked how the fire department would be able to access the building in the evening when the lot was locked. Mr. Choy indicated that there would be a lock box or "Knox" box placed on the gate accessible to the fire department. Mel Davis, Applicant, had no concerns with Staff's recommendations and conditions of approval. Cm. Burnham asked if there were any sign approvals for this application. Mr. Choy indicated no, not at the present time. Cm. Burnham asked what type of traffic mitigations were involved with this project. Mr. Mehran Sepehri, Senior Civil Engineer with the Public Works Department, explained that the traffic mitigation funds would contribute to the Dublin Boulevard extension heading east to Livermore, the Dublin Boulevard widening from San Ramon Road to Village Parkway, and the Dougherty Road widening to the Contra Costa County line. Various developments caused the additional traffic so the City needed to collect money from these developments to pay for the traffic/road improvements. Cm. Burnham asked why the St. Philip's project, which the Planning Commission had recently approved, was not required to pay traffic fees. Mr. Sepehri explained that the St. Philip's project did not generate any significant additional traffic. Cm. North asked why there weren't any sign approvals for this application. Mr. Choy indicated that signs will be needed eventually. The current application does not include a request for signs. The Applicant would need to review their signs with the Planning Staff. Cm. Zika closed the public hearing. On motion from Cm. Rafanelli, seconded by Cm. North, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 92 - 016 APPROVING PA 92-003 AUTO WEST COLLISION BODY SHO'P CONDITIONAL USE PERMIT REQUEST FOR AN OUTDOOR VEHICLE STORAGE LOT IN THE M-1 ZONING DISTRICT AT 5787 SCARLETT COURT Regular Meeting PCM-1992-36 March 2, 1992 [3-2min] ` ' ~ ~ RESOLUTION NO. 92 - 017 APPROVING PA 92-003 AUTO WEST COLLISION BODY SHOP SITE DEVELOPMENT REVIEW APPLICATION FOR AN OUTDOOR VEHICLE STORAGE LOT LOCATED AT 5787 SCARLETT COURT The Commission took a 10-minute break. Upon returning, everyone was present. SUBJECT: PA 88-144 Western Dublin General Plan Amendment, Specific Plan, Environmental Impact Report (EIR), Prezoning, Amendment to the Sphere of Influence, and Annexation to the Dublin San Ramon Services District (continued from the February 18, 1992 Planninq Commission meeting) Cm. Zika asked for the staff report. Ms. Brenda Gillarde indicated that this hearing had been continued from the February 18th meeting. She indicated that Steve Spickard of Economics Research Associates (ERA) would be making a presentation to the Commission on the fiscal aspects for this project. Ms. Gillarde recommended that the Commission complete the discussion and public testimony on the Environmental Impact Report's Chapters 8 through 18, ask if there are any additional public comments on the project, and close the public hearing on the EIR portion of the project. She recommended that the public hearing stay open for the rest of the project until the March 16, 1992 meeting. Cm. Zika asked if the 45-day public comment period for the draft EIR was to expire today (March 2, 1992). Ms. Gillarde indicated yes. The Final EIR would be discussed during the City Council's review of the project. There would be amended pages incorporated into the draft EIR. Ms. Libby 5ilver, City Attorney, explained that the Final EIR consisted of the Draft EIR, the comments received and responses to those comments. The Planning Commission will have an opportunity to review the complete EIR before it goes before the City Council. Cm. Zika asked if the Commission could reject the EIR if they were not satisfied with the comments received from Dublin San Ramon Service District regarding the water supply for this project. Ms. Silver indicated that the Commission could incorporate their comments and make revisions to the Draft EIR before the City Council starts their review of the document. Ms. Gillarde discussed the staff report with the Commission. She indicated that the staff report consisted of responses to various comments that have been made during the public hearings. The report summarized three study sessions held during 1990 and 1991 and minutes were included for these meetings. Regular Meeting PCM-1992-37 March 2, 1992 [3-2min] ' ' ' • • ~ Ms. Gillarde distributed an updated timeline for the rest of the Commission's public hearings on the project and indicated that if there were any conflicts, they could be discussed after the public comment period was completed. Ms. Gillarde introduced Steve Spickard of Economics Research Associates. Mr. Steve Spickard reviewed the various fiscal issues for the western Dublin project. He described the proposed project as an attractive, affordable, profitable, and fiscally sound development that would pay for itself. He indicated that he had worked on the market overview and fiscal analysis for this project. He had helped and commented on the preferred plan as well as the Environmental Impact Report. He felt that this project was attractive and well designed, even in a recession, and could be sold or rented very well. The proposed 3,000 units could pay for the infrastructure needed. Cm. North indicated that according to ERA's letter, the project would "marginally" pay for itself. Did Mr. Spickard have any comments regarding this matter. Mr. Spickard indicated yes, the project was right on the margin of being fiscally sound. The County will try to maximize its income and minimize the fiscal benefit to the City. Cm. North asked if a decision regarding Proposition 13 from the State Supreme Court would have an affect on the fiscal analysis of the project. Mr. Spickard indicated that any change in legislation could affect the analysis for this project. Cm. North asked how long it would take to build 3,000 homes. Mr. Spickard estimated that it would take about 10 years, assuming an absorption of approximately 300 units per year. The infrastructure would be phased during this time period. Cm. Zika asked if the tax revenues were based on a percentage of appreciation of the property and what was the source of this information. Mr. Spickard explained that it depended on the market rate of real estate. It was based on 7~ real estate appreciation minus 5~ inflation, which would have a net 2~ growth. Cm. Zika indicated that this analysis assumes everything stays the same. This was a pretty close call. All of the reports were tight projections. Mr. Spickard concurred. It all depended on fine tuning certain policies. Some aspects of the project were more flexible, i.e., open space maintenance. The management of open space could fall under a homeowner's association. Adjustments can be made later on. Regular Meeting PCM-1992-38 March 2, 1992 [3-2min] ' • • • ~ Cm. Zika asked if the documents included the open space areas. Mr. Spickard indicated yes. It would cost the City approximately $180,000 a year to maintain the area. Mike McKissick stated that the fiscal analysis created by ERA had very conservative standards. He explained that there could be a development agreement requiring a private homeowner's association. The streets could be made into private streets where the homeowners would be responsible for the street improvements and maintenance. Landscaping maintenance could also be the responsibility of the homeowner's association. The letter from ERA was a worse case scenario. Elliott Lee, Betlen Drive had concerns regarding water supply and availability. He indicated that past performance is no indication of the future. John Anderson had concerns regarding the cost of infrastructure. Would the homes be assessed by a Mello Roos district? Ms. Silver indicated that assessment districts could be established. Mello Roos was a special tax within a particular district. The City Council would make this determination. Harvey Scudder had concerns with open space management. He indicated that homeowners associations do not have the money to maintain the amount of open space for this project. Doug Abbott asked who was liable for repaying the bonds if the project fails. The City should protect itself. Ms. Silver explained that the bonds were secured by the property. Only property in the assessment district could be taxed. There were several mechanisms available for the issuance of bonds. The bonds would be spent only when needed. Bert Michalczyk, DSRSD, gave an overview of the future availability of water for this project. He confirmed that, currently, there is enough water to supply a population of 74,000, which could be consumed within 9-14 years from now, maybe 3-4 years after that. These figures are based on the State allotting 2/3 of the promised water. Mr. Michalczyk indicated that ground water would be drawn in the drier years. The water needs can be met for 9-14 years. Cm. North asked for clarification on the State's participation in providing water to the area. He indicated that the State has not delivered its percentage of water in past years. Mr. Michalczyk indicated that three years ago the State delivered all of the water it promised. Last year, the State delivered 20~ of the allocation. This year, the State may deliver 20~, maybe 40~ of its Regular Meeting PCM-1992-39 March 2, 1992 [3-2min] • ~ ~ allocation. He stated that there was no guarantee that the drought would not last longer, however, it has never happened in the past. Mr. Michalczyk indicated that the Los Banos reservoir project would support more people in the next 15-20 years. Zone 7 was studying the use of recycled water, water transfers and additional storage uses. DSRSD was responsible for protecting the current water users, reducing the demand and using recycled water wherever possible. Mr. Michalczyk stated that there was water available. The water may cost more, but it was available. Cm. North asked if the cost of water would increase and would the new residents bear the cost. Mr. Michalczyk indicated that water costs would go up with inflation. The new water users would pay their fair/equitable fees. Recycled water was very important to the success of this project. He reiterated that recycled water would meet all of the federal and state's strict regulations. Cm. Burnham asked what would happen if there was a failure at the treatment plant. Mr. Michalczyk explained that there were guidelines in case of a failure. There were holding basins at the treatment plant. Cm. Burnham asked what would happen if the reservoir overflowed. Mr. Michalczyk indicated that a discharge permit would address overflows. There was a possibility if there was an extreme storm. Cm. Zika asked if recycled water would be used on sports grounds. Mr. Michalczyk indicated that this was still an open issue. The City Council would need to decide whether to allow this program. Cm. Zika had concerns with water quality and asked if it would get better. Mr. Michalczyk explained that the Tri-Valley area produced hard water. The salts came from ground water and cannot be prevented until the drought situation lets up. Cm. Rafanelli asked who would have ownership of the reservoir. Mr. Michalczyk indicated that this issue needed to be looked into. Cm. North asked if the reservoir for the recycled water would be fenced off from wildlife habitats. Mr. Michalczyk indicated yes, however the district was open to other alternatives. Regular Meeting PCM-1992-40 March 2, 1992 [3-2min] , ~ ~ Harvey Scudder had concerns with recycled water and asked what was the components of the water. Mr. Michalczyk explained that the water would be filtered tertiary treated water. Elliott Lee had concerns with the quality of water. The water has improved over the years. He hoped the standards for water quality would not diminish. Mitch Alires had concerns regarding the drought. The statements from DSRSD were based on too many "ifs". He felt that the project could not be approved when there was a possibility of future water rationing. This project could impact future water needs. Mr. Michalczyk indicated that there were no present water restrictions. Cm. Zika continued to Chapter #8 - Geology, Soils and Grading and asked for public testimony. John Anderson had concerns with grading and landslides. He referred to page 9-8 and indicated that it was against the Specific Plan policies to allow the massive grading. Doug Abbott had concerns regarding the amount of dirt being moved for this project. The City was liable for all geologic hazards that might occur. He recommended having a geologic hazard abatement district. Mitch Alires had concerns with the amount of dirt and dust that would be created from the grading and construction of this project. Cm. Burnham indicated that there were mitigation measures that would take care of the dust and dirt. Mr. Tong explained that there were standard mitigations requiring certain limitations. With a project of this magnitude there would be a certain amount of dust and dirt in the area. Staff would be responsible for monitoring mitigation measures. Dennis Dahlin referred to Chapter #12 of the EIR. The Developer was required to water down the area twice a day. This project was quite a distance away from existing residential neighborhoods and would not create as much dust and dirt. Mr. Tong indicated that the Public Works Department would be responsible for taking care of any dust complaints. The water spraying had short-term benefits. Elliott Lee had concerns with the dust and dirt issue. He indicated that Dublin was a windy area and the dust would carry from the west. John Berlan concurred that dust would be a major problem. Regular Meeting PCM-1992-41 March 2, 1992 [3-2min] ` ' ~ ~ John Anderson referred to page 9-10 and indicated he had concerns regarding visual impacts and geological mitigations. It was impossible to mitigate the hazards associated with the Brittany Lane extension. There could be secondary effects and quake damage and asked if a study had been done regarding earthquake impacts. He asked who would be paying for damages occurring from earthquake and/or landslides. Cm. Zika continued onto Chapter #10 - Fiscal Impacts. Cm. North asked if there were potential impacts on the schools, such as the Castro Valley School District. Mr. Tong indicated that the Alameda County Superintendent of Schools and the State would need to make a decision on the district's boundaries. Cm. Zika continued onto Chapter #11 - Noise. Cm. North referred to page 11-18 and indicated there were no mitigations shown for noise levels in the Schaeffer Basin. Dennis Dahlin indicated that there were no residential areas proposed in that vicinity. The commercial standards for noise decibels were more relaxed. Cm. Zika continued onto Chapter #12 - Air Quality. John Anderson referred to page 12-11 and asked if catalytic converters would be installed in the fireplaces. Mike McKissick explained that the Regional Air Quality Control Board might eventually restrict the use of fireplaces all together. There were adjustments being made now. Dennis Dahlin referred to page 12-13, mitigation 12-3. The catalytic converters would be required if the Federal Environmental Protection Agency required them. Cm. Zika continued onto Chapters 13 and 14. There were no public comments . Cm. Zika continued onto Chapter 15 - Other Environmental Issues. Harvey Scudder had concerns with solid waste management and recycling. Dennis Dahlin referred to page 7-10. These were State mandated issues. Mr. Tong indicated that there were County wide waste management plans occurring now. There were regulations for compost and pest control. Cm. Zika continued to Chapters 16 and 17. There were no public comments. Regular Meeting PCM-1992-42 March 2, 1992 [3-2min] ~ ! i Cm. Zika continued to Chapter 18 - Cumulative Impacts. Doug Abbott had concerns regarding water supplies/resources. He felt that a detailed analysis needed to be done and questioned if there was enough water available for the project. Mitch Alires had concerns with the park areas. He felt that there was a small amount of usable parks and wanted to see more accessibility to the park areas. Cm. North asked how much open space was within this project. Mr. Tong indicated that at least 60~ of the site was in open space. The East Bay Regional Park District was interested in creating a regional trail system within the proposed site. John Berlan had concerns regarding traffic impacts on Brittany Lane and asked if there were alternatives to the proposed road extension. Mr. Tong indicated that an alternative would be to extend the road system through the Hansen Hill Subdivision. John Anderson recommended that another session be held to clarify various issues. Mr. Tong indicated that there would be another opportunity for comments on the Specific Plan and General Plan Amendment at the March 16th meeting. Staff was recommending that the public hearing on the Environmental Impact Report be closed at tonight's meeting. Cm. Zika reminded everyone that there would be other opportunities for public comment on the General Plan Amendment and Specific Plan at the City Council meetings. Cm. Zika closed the public hearing on the Environmental Impact Report. The public hearing would remain open for the Specific Plan and General Plan Amendment section and was continued to the March 16th meeting. The Commission and Staff discussed the current meeting timeline for the project. The Commission changed the April 13th meeting to April 20th. Harvey Scudder had concerns about water pressure irregularities and asked that this problem be looked into. Bruce Webb, DSRSD, indicated that there should be a maximum of 80 psi. NEW OR UNFINISHED BUSINESS None Regular Meeting PCM-1992-43 March 2, 1992 [3-2min] . ~ ~ i OTHER BUSINESS Mr. Tong indicated that the City Council would discuss the Tri-Valley Wastewater Authority's Environmental Impact Report at their next meeting. PLANNING COMMISSIONERS' CONCERNS Cm. North requested that a copy of the February 18th letter from DSRSD be sent to him. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Respectfully submitted, ~ , anning mmission airperson Laurence L. Tong Planning Director Regular Meeting PCM-1992-44 March 2, 1992 [3-2min]