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HomeMy WebLinkAboutPC Minutes 11-01-1993 f . _ ~ Regular Meeting - November 1, 1993 A regular meeting of the City of Dublin Planning Commission was held on November 1, 1993, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:30 p.m. by Commissioner Zika. ROLL CALL Present: Commissioners Burnham, Downey, North, Rafanelli and Zika; Laurence L. Tong, Planning Director; Dennis Carrington, Senior Planner; David Choy, Associate Planner; and Fawn Holman, Recording Secretary. 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 The minutes for September 20, 1993 were approved as submitted. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 93-052 BJ Dublin Commercial request for General Plan Amendment, Pianned Development Rezoning and Tentative Map ant~roval for five parcels [941-550-49 (por), 9-17, 10-17~ 10-11 (por) and 12-7 (por Z1 located near the corner of Dougherty Road and Dublin Boulevard. The General Plan Amendment would change the land use designation from Business Park Industrial to Retail Office and Automotive. The Planned Development Rezoning would establish the General Provisions and Development Regulations for the existinq 7.066 acre parcel (941-550-49 portion). The Tentative Map roposes the division of the existinq 7.066 acre parcel (941-550-49 portion) into 9 separate lots. Cm. Zika opened the public hearing and asked for the staff report. David Choy presented the staff report and, referring to an attachment distributed before the meeting, indicated additions to the Draft Resolution, Exhibit D. The new Condition #4 stated, "If one or both of the City of Dublin remnant parcels [APN 941-550-10-11 (por) and 12-7 (por)] are acquired by the Subdivider prior to the City Council Public Hearing on the Planned Development Rezone, the acquired Regular Meeting PCM-1993-92 November 1, 1993 [11-imin] . ~ , ~ • parcel(s) shall be included as part of this Planned Development District." The existing Condition #4 (now Condition #5, with subsequent re-numbering of the other Conditions) was clarified to indicate Lots 4 through 9 and should read, "Prior to issuance of a building permit, the Property Owner shall submit conditions, convenants and restrictions (CC&R's) for Lots 4 through 9..." Mr. Choy further indicated additions to Draft Resolution, Exhibit E. The new Condition 2b (the existing #2 changed to 2a) read, "Should the Applicant wish to defer compliance with Conditions No. 2.b., 6, 37, 40 and 50 of City of Dublin Typical Public Works Conditions of Approval for Subdivisions (Attachment E-1), a base vehicular access and landscaping plan shall be prepared, subject to review and approval of the Public Works Director and the Planning Director, prior to the recordation of the Final Map. Improvements on the base vehicular access and landscaping plan shall be completed prior to the issuance of the first building permit for the site. [PW, PL]" The new Condition #15 read, "If one or both of the City of Dublin remnant parcels are acquired by the Subdivider [APN 941-550-10-11 (por) and 12-7 (por)], Lots 1 and 2 may be modified to aceommodate the new parcel configuration. [PW, PL]" Condition #7 was modified to add, "Prior to issuance of individual building permits, Condition #9 was modified to add, "Prior to the issuance of individual building permits for each lot, Cm. North referred to page 7 and asked for the definition of "off-site signage." - Mr. Choy indicated that the old Condition of Approval #7 (now Condition #8) clarified that businesses would be permitted to advertise on freestanding signs which were located off-site, but within this PD District. Cm. Rafanelli asked if the remnant parcels would be rendered useless if the Applicant chose not to purchase them to take care of the frontage problem on Lot 2 and the City granted an easement through the parcels. Mr. Choy explained that common access easements would run across Lot 1 and Lot 3 within this project. If the lots were not acquired by the Applicants, with the sale of the remnant lots, the City would consider initiating a rezoning. The larger remnant parcel was currently zoned M-1, and the City would want to ensure that the site was consistently zoned with adjacent parcels. Cm. North asked if the Dublin Boulevard Extension would have enough room to expand to six lanes, as planned. Mr. Choy indicated that only the northern half of Dublin Boulevard had been constructed; any expansion would occur on the southern parcels fronting on the Dublin Boulevard Extension. Regular Meeting PCM-1993-93 November 1, 1993 [11-imin] i , . , ~ ~ Cm. Zika asked who would oversee the CC&R's and what avenues would the City have in their enforcement, if and when the nine separate parcels were sold to individual owners. Mr. Tong replied that the specific concern would determine the enforcement. A parking problem, such as an abandoned vehicle, would typically be enforced by the Property Owners Association. The City could enforce any provisions built into the General Provisions of the Planned Development Conditions of Approval, which were reflected in the CC&R's, such as internal circulation, joint parking, emergency vehicle access, and cross access easements. Cm. Zika pointed out that the City's policy was not to enforce violations unless there was a compliant. Mr. Tong replied that most enforcement items were in the form of a complaint; however, if the Inspector observed a violation in operation or had legitimate reason to be on the site, he would be obligated to provide code enforcement. Cm. North asked if a Property Owners Associations did not currently II exist, what guarantee did the City have that the Association would , exist to enforce the CC&R provisions. Mr. Tong indicated that a Property Owners Association would be created as art of the Tentative Ma . P P Mr. John Moore, J Patrick Land Company, representing BJ Dublin Commercial, agreed with the Conditions of Approval, including the additions and clarifications. He commended Staff for their hard work and willingness to listen to and work with the Applicant's concerns. He assured the Commission that a Property Owners Association would be created and the Applicants would not object to a condition requiring the creation of an Property Owners Association, if one did not currently exist. Mr. Moore explained that their intent was to develop one unified approach to the property; however, in today's economic climate, financing to build a project of this size was very difficult. Subdividing the property would provide the opportunity to move forward with the project. A common architectural and landscaping theme had been proposed, along with a relationship between parking and access, and would have common signage at common entrance points to the nine- lot project. The Applicants intent, upon completion of the project, was to have the overall view look unified and upscale. Along with the CC&R's, any parcel owners would have to comply with Deed Restrictions, as well. The Applicant indicated their willingness to work with any of the Commissions concerns. Cm. Zika expressed concern with the ability of several different property owners to maintain the property as originally planned, and pointed out several businesses where the maintenance plan did not work. Regular Meeting PCM-1993-94 November 1, 1993 [11-imin] ~ , ~ ~ ~ ~ Mr. Moore explained that, as part of the Property Owners Association assessment, the landscaping for Lots 4- 9 would be commonly maintained by one landscape company and another company would maintain the common parking/travel lanes in the front of the buildings. Cm. Zika hoped the maintenance of the this project would be more successful than some of the other Associations. Cm. North pointed out that Condition #4 of Exhibit D, which said the CC&R's would be submitted prior to the issuance of a building permit, did not guarantee that, if the Applicant decided to sell a lot, the new owner had to be part of the Property Owners Association. Mr. Moore suggested Condition #4 be re-worded to say, "Prior to recordation of the Final Map..." Since the recordation of the Final Map would happen before the Applicant could sell any of the lots, this would guarantee that all prospective property owners would be included in the Property Owners Association. Dennis Carrington, Senior Planner, proposed a new Condition #16 to the Tentative Map Resolution which would read, "Prior to recordation of the Final Map, a Commercial Property Owners Association shall be established for the nine lots of the Tentative Map to the satisfaction of the City Attorney, Planning Director and Director of Public Works. Said Association shall incorporate and enforce the CC&R's and the provisions of the Planned Development Rezone." Cm. North asked that the wording from Condition #16 be tied in with Condition #4 and agreed that it would give some assurance to the maintenance of the property. Mr. Moore agreed to submit the CC&R's at the Final Map stage and pointed out that the wording could not only be tied in to this Condition #4, but the revised Condition #4, as well. Mr. Tong indicated that the wording could be linked to the Planned Development General Provisions, as well. Cm. North's main concern was to have all sub-lots sold comply with the conditions set forth in Condition #4. Mr. Carrington pointed out that in Condition #4 of the PD Rezone, any language added that might constrain the provisions to just Lots 4- 9 should be deleted. The conditions should apply to all nine parcels. The Commission agreed that the conditions should apply to all nine parcels. Cm. Zika closed the public hearing. On motion from Cm. North, seconded by Cm. Downey, including the revisions to Exhibit D, the additions to Exhibit E(Conditions 2a, 2b, 15 and 16), and with a vote of 5-0, the Planning Commission adopted Regular Meeting PCM-1993-95 November 1, 1993 [il-imin] . , ~i ~ RESOLUTION NO. 93-037 RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 93-052 BJ DUBLIN COMMERCIAL GENERAL PLAN AMENDMENT/PLANNED DEVELOPMENT REZONING/TENTATIVE MAP RESOLUTION NO. 93-038 RECOMMENDING ADOPTION OF PA 93-052 BJ DIIBLIN COMMERCIAL GENERAL PLAN AMENDMENT RESOLUTION NO. 93-039 RECOMMENDING APPROVAL AND ESTABLISHMENT OF FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 93-052 BJ DUBLIN COMMERCIAL RESOLUTION NO. 93-040 RECOMMENDING APPROVAL OF PA 93-052 BJ DOBLIN COMMERCIAL TENTATIVE MAP TRACT 6644 TO DIVIDE AN EXI8TING ±7.1 ACRE VACANT PARCEL INTO NINE SEPARATE LOTS NEW OR UNFINISHED BUSINESS None OTHER BUSINESS Mr. Tong indicated that at the November 8th City Council meeting, there would be a discussion regarding the City of Livermore's Transitional Housing project, which Dublin was being asked to help support. The funds would come out of the Federal HOME Consortium and would not come out of Dublin's General Fund. Cm. Zika asked why the City of Livermore needed Dublin's support. Mr. Tong explained that Livermore was applying for numerous different fund sources, the primary being the Federal HOME Fund. The City of Pleasanton had already agreed to support Livermore. Cm. North asked how this support would benefit Dublin. Mr. Tong indicated that Dublin's residents would have access to the proposed facilities, which would provide temporary support for displaced women and children. The Commission and Staff discussed the cost and number of facilities planned. Regular Meeting PCM-1993-96 November 1, 1993 [il-imin] ~ • ~ ~ PLANNING COMMISSIONERS' CONCERNS Cm. Burnham asked about the status of the Dublin Mini-Storage sign which was discussed at the previous Planning Commission meeting. Mr. Tong indicated that the sign was in violation of the Zoning Ordinance. The Zoning Investigator had been in contact with the Property Owner and had sent two letters. A Warning Notice would be the next step. Cm. Burnham asked about the sign on Dublin Boulevard Extension advertising a new auto mall. Mr. Tong indicated that a 60,000 square foot site, which would need a Conditional Use Permit, was tentatively being planned to sell used cars or RV's. Cm. Burnham expressed concern regarding the limit for signage at the daycare facility located near the AM/PM gas station on Amador Valley Boulevard. Mr. Tong indicated that figures or decorations were generally allowed; actual text on a signage would be an area for concern. Commissioners and Staff discussed signage and decorations on a house in an R-1 District used solely as a daycare facility. Cm. Burnham reiterated his concern regarding the amount of signage on the exterior of the daycare facility. Mr. Tong indicated that the Commission could direct a review of the signage at the daycare facility. Cm. North suggested that the Zoning Investigator report on the situation at the next Planning Commission meeting. Cm. Burnham pointed out that the Applicant's had originally been required to use the garage and driveway for parking; however, the garage had recently been converted into a playroom with the Building Department's approval. Mr. Tong asked if this would be investigated as a complaint or just for Planning Commission information. Cm. Burnham requested information only. Mr. Tong indicated that Staff would look into signage, check with other cities regarding their signage requirements, and look into the daycare's parking requirements. Commission and Staff discussed how the daycare facility got City approval for the garage conversion if the Conditional Use Permit required the garage be used for parking. Regular Meeting PCM-1993-97 November l, 1993 [11-imin] ~ ~ ~ ~ Mr. Tong indicated that the Conditionals of Approval would be checked for violations regarding a garage conversion. Cm. Zika expressed concern regarding the lack of inter-departmental communication. Cm. North asked about the status of the study session which was requested at the November 1st Planning Commission meeting regarding traf f ic impact fees . Mr. Tong indicated that both the Public Works Department and the City Attorney agreed that a study session was needed, and a meeting would be scheduled in the near future. ADJOURNMENT The meeting was adjourned at 8:25 p.m. Respectfully submitted, ~ ~ x ' ' ~ w: ~.f-,' ~ '~lannir~~ Commiss~~on Chairperson ? ~ Laurence L. Tong Planning Director Regular Meeting PCM-1993-98 November 1, 1993 [11-imin]