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Home My WebLink About02-14-2012 PC Minutes€~ ,: ~ ~ s ~ ~= rlann~ng Comm~ss~on Minutes Tuesday, February 14, 2012 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, February 14, 2012, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the meeting to order at 7:00:26 PM Present: Chair Wehrenberg; Vice Chair O'Keefe; Commissioners Schaub, Brown, and Bhuthimethee; Jeff Baker, Planning Manager; Kristi Bascom, Principal Planner; Mike Porto, Consulting Planner; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Brown, seconded by Cm. Schaub with a vote of 5-0 the minutes of the January 24, 2012 meeting were approved. The Commission voted 5-0 to revisit the minutes from the January 24, 2012 meeting. The revision will clarify the action taken by the Commission on Resolutions 12-03 and 12-04 for Item 8.2, Capistrelllo Court Project; the change will read "RECOMMENDING THE CITY COUNCIL NOT ADOPT A RESOLUTION." On a motion by Cm. Schaub, the Commission voted 5-0 to unanimously approve the minutes of the January 24, 2012 meeting as revised. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 PLPA-2011-00058 Fiorano 11 Site Development Review for a portion of the Positano project which includes 5single-family detached residential units on Lots 131 through 135 within Tract 7854 Mike Porto, Consulting Planner, presented the project as outlined in the Staff Report. Cm. O'Keefe asked who owns the land to the west of the 5 lots. Mr. Porto responded the Lin's own the land. Cm. Brown asked Mr. Porto to explain Condition of Approval #12 regarding retaining walls. Mr. Porto explained that one of the criteria in Positano is that the stucco on the retaining walls must match the houses. They are required to stucco the front part of the retaining wall, adjacent ~'lran ~~ ~~rassF~zz ~1°~6rt~cery t~, 'C3t2 ~t1- ~_ r4 to the front yard -and then paint it to match the house color. He stated the requirement is included on the improvement, grading and retaining wall plans. Chair Wehrenberg asked if the residents want to paint their houses will they also be required to paint the same color on the retaining walls. Mr. Porto answered that the residents must have HOA approval to paint their home which would require them to paint the retaining wall at the same time in the same color. He mentioned the front yards of the houses are maintained by the HOA and cannot be altered without their approval. Cm. Bhuthimethee mentioned there are 12 undeveloped lots and asked, if after developing the 5 lots, are there are 7 lots remaining. Mr. Porto pointed out the 12 lots on the map which are currently undeveloped. Chair Wehrenberg opened the public hearing. Dean Mills, D. R. Horton, spoke in favor of the project. He stated this is not the biggest project but it was worth the effort. He continued D.R. Horton is finishing up their Cortona project and will puff permits on their Cortona II project soon which was approved recently. Cm. Schaub asked if the purpose of a project like this is to keep the staff working. Mr. Mills answered they would not normally do a project of this size but this project makes sense because the infrastructure is in place. He stated they will sell the houses out of their Cortona models where all their staff is present and their office is close by in Pleasanton. Vice Chair O'Keefe asked why they did not buy the other undeveloped lots. Mr. Mills answered they were not for sale. Chair Wehrenberg closed the public hearing. Cm. Brown stated he can make the findings and is very pleased to see how D.R. Horton is furthering the Community Design and Sustainability Element with this project. Cm. Bhuthimethee stated she tikes the houses and the concrete sidewalks on the side of the houses. Chair Wehrenberg stated she has no issue with the project, can make the findings and appreciates bringing closure to this piece of property. On a motion by Cm. Schaub and seconded by Cm. Bhuthimethee, on a vote of 5-0, the Planning Commission unanimously adopted: ;~ ~ ~ 2 RESOLUTION NO. 12-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR FIORANO tl AT POSITANO FOR 5 SINGLE-FAMILY DETACHED RESIDENTIAL UNITS ON LOTS 131 THROUGH 135 WITHIN TRACT 7854 8.2 PLPA-2011-00057 All American. Label Conditional Use Permit and Site Development Review to allow a 4,456 square foot unenclosed addition, for the purposes of outdoor storage, to an existing 23,994 square foot building at 6958 Sierra Court Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Cm. Bhuthimethee asked why the Applicant did not apply for a General Plan Amendment (GPA) to rezone the property. Ms. Bascom answered it was an option but was not. applied for. She continued there is substanfral cost to a GPA and the Applicant would be required to pay for time and material costs. Cm. Bhuthimethee asked if there was a fire access issue with the enclosed structure. Ms. Bascom stated the code requirements are different for an unenclosed structure and an enclosed structure. The Fire Marshall reviewed and approved the project with Conditions of Approval to ensure compliance with all fire codes. Cm. Bhuthimethee asked if there where photos that show the location of the fire access issue. Ms. Bascom stated there were no photos that showed the fire access issue but. pointed out a slide that showed part of the project. Chair Wehrenberg opened the public hearing. Cm. Bhuthimethee stated that she would have been in support of a GPA and the FAR that the Planning Commission proposed and felt it was the right use.. Brad Brown, Applicant, spoke in favor of the project. He stated he went through the GPA process and was denied, he accepted that and was trying to resolve the issue in an acceptable way for bath he and the City. Cm. Bhuthimethee felt that an enclosed structure would better suit the Applicant's needs. Mr. Brown agreed. He continued the project has a long history and he felt that walls would be better but they would not comply with fire code requirements and the City Council suggested a ~'Gtsz ,::. e6r~ fi=t, ~",(~.?? GPA study but recommended against it. He felt this project is acceptable and will allow him to continue to do business in Dublin. Mr. Baker mentioned there are a number of ways the issue could have been remedied, including a GPA, but even with the GPA there were Fire Access issues that would need to be addressed. He continued the Applicant decided to pursue the Site Development Review for the unenclosed structure which would allow the Applicant to have the facility and takes away the General Plan and Fire Access issues. He stated that the unenclosed structure has been reviewed by the Fire Department with conditions associated with it to ensure it meets all the requirements. Mr. Brown felt this was the best solution for all involved. Chair Wehrenberg closed the public hearing. Cm. Schaub wanted to make sure that the Planning Commission is clear on the issue of Floor Area Ratio (FAR) which he felt became distorted at the City Council meeting. He stated there is a 40% FAR in the area and the building is considered a legal non-conforming. He continued there was a discussion about whether a building that exceeds the FAR was legal or not. He felt it is legal. He also wanted to advise that making an exception for one Applicant, which would have implications for an entire area, is inappropriate. He was concerned that by .making an exception for one Applicant they would have to make an exception for all. He felt that zoning should only be changed with all of the .investigation and discovery that is necessary as opposed to changing for one Applicant. He felt it was not an appropriate way to change zoning. On a motion by Cm. O'Keefe and seconded by Cm. Brown, on a vote of 5-0, the Planning Commission unanimously adopted: RESOLUTION NO. 12-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO ALLOW AN UNENCLOSED, COVERED OUTDOOR STORAGE AREA IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT AT 6958 SIERRA COURT (APN 941-2756-006) PLPA-2011-00057 NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS -NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Chair Wehrenberg disclosed that she attended a study session regarding City services. 10.3 Chair Wehrenberg asked Mr. Baker if he had made arrangements for the Commissioners to get together at the Planners Institute. Mr. Baker answered that it would occur on Thursday after the last meeting. He stated he would inform the Commission of the details when they were finalized. 10.4 Mr. Baker mentioned the Volunteer Recognition Dessert extravaganza on Friday, February 24at the Shannon Community Center and wanted to make sure the Commission had received their invitations. Cm. Brown stated he did not receive his invitation. ADJOURNMENT -The meeting was adjourned at 7:37:29 PM Respectfully submitted, ~. Doreen Wehren erg Planning Commis ' Chair ATTEST: l z,,,... Jeff Baker Planning Manager G:IMWUTES120121PLANNING COMMISSlOM02.14.12 FINAL PG MINUTES.docx fi~~~ ~.. $