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HomeMy WebLinkAbout11-12-2003 PC MinutesCALL TO ORDER A special meeting of the City of Dublin Planning Commission was held on Wednesday, November 12, 2003, in the Council Chambers located at 100 Civic Plaza. Chair Fasulkey called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Fasulkey, Jennings, Nassar, King and Machtmes; Jeri Ram, Planning Manager; Michael Stella, Senior Civil Engineer; and Maria Carrasco, Recording Secretary. ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - October 28, 2003 minutes were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS Planning Manager Jeri Ram stated that a letter was submitted to the Planning Commission from Sybase and copies have been distributed. PUBLIC HEARINGS 8.1 PA 95-043 - Minor Revision to Approved Alignment for St. Patrick's Way from Regional Street to Golden Gate Drive. The City is processing a minor revision to the existing precise alignment for the portion of St. Patrick's Way between Golden Gate Drive and Regional Street. The original alignment was approved by the City Council on October 10, 1988 via Ordinance No. 19-88. The City is in the process of reviewing development plans for properties that are proposed to be served by the St. Patrick Way extension, and in order to accommodate uses by properties to the north of the approved right of way alignment, a modification to the alignment is being proposed. Cm. Fasulkey asked for the staff report. Michael Stella, Sr. Civil Engineer presented the staff report. He explained that the Circulation Plan for the Dublin Downtown Specific Plan adopted in 1987 recommended changes to improve circulation in the downtown area. One such improvement was a new' street parallel to and south of Dublin Boulevard, connecting Amador Plaza Road to Regional Street. The 68-foot right-of-way plan line included two 12-foot wide travel lanes, one 12-foot wide center two-way left-turn lane, an 8-foot wide parking area on one side, and an 8-foot wide sidewalk on both sides. On October 10, 1988 the City Council via Ordinance No. 19-88 established right-of-way lines for a new parallel road (now known as St. Patrick Way) between Amador Plaza Road and Regional Street. On February 24, 1996 the City Council authorized a Study to consider realigning the St. Patrick Way right-of-way line between Regional Street and Golden Gate Drive at the request of Lincoln Properties, the owners of the shopping center to the north of the proposed road, in order to provide an area for future construction of loading docks behind the shopping center. The realignment of the established right-of-way line for St. Patrick Way between Regional Street and Golden Gate Drive was approved by the Planning Commission on September 24, 1996 and was presented to City Council on December 4, 1996. The City Council did not take action on the project because the property owners withdrew their request for realignment and noted their opposition to the road, realigned or not. The existing alignment, approved in 1988, remained. As part of southbound 1-580/1-680 interchange fly-over improvement project in 1998, the Department of Transportation (CalTrans) constructed a new southbound 1-680 on-ramp and off- ramp at Amador Plaza Road/St. Patrick Way, and also constructed the segment of St. Patrick Way from Amador Plaza Road to Golden Gate Drive within the adopted right-of-way plan lines for St. Patrick Way. This segment of St. Patrick Way is therefore complete, so no further action by the City is necessary. The City Council adopted the West Dublin BART Specific Plan on December 19, 2000. The Specific Plan land use and circulation plans call for the extension of St. Patrick Way in the same location of the proposed right-of-way, as described in Attachments 2 and 3. The Specific Plan envisioned the extension of this road and the land uses permitted in the Specific Plan rely on access to St. Patrick Way between Golden Gate and Regional. The remaining segment of St. Patrick Way between Golden Gate Drive and Regional Street will provide access to the proposed West Dublin BART/Orix and AMB/Legacy Partners (Cor-O- Van) developments that are currently under review. To address the past concerns about the adopted right-of-way alignment, as articulated by Lincoln Properties in 1996, the BART and AMB/Legacy developers assumed a right-of-way alignment that is consistent with the 1996 proposal. Since the 1996 proposal differs from the alignment originally adopted in 1988, a modified alignment must now be established. The City is proposing a minor revision to the previously established right-of-way alignment for St. Patrick Way from Regional Street to Golden Gate Drive. In order for a right-of-way to be established, the Planning Commission must adopt a Resolution recommending the City Council adoption of a Resolution of Intention to establish a right-of-way line. The City Council must then adopt the Resolution of Intention to establish the right-of-way line and hold two protest hearings to give the public and impacted parties a chance to dispute the location of the proposed road. Staff recommends that the Planning Commission open the public hearing and hear Staff presentation, take testimony from the public, question Staff and the public, close the public hearing, deliberate and adopt the Resolution to determine General Plan conformity and to adopt an Addendum to the Mitigated Negative Declaration, and adopt a Resolution recommending that the City Council adopt a Resolution of Intention to establish a modified right-of-way line for St. Patrick Way. Cm. Nassar asked the difference between the existing right-of-way to the proposed configuration. Mr. Stella explained that a section of the right-of-way was expanded from 68 feet to 71 feet and proposing a wider sidewalk on the north side. Cm. Nassar asked the position of the owners affected by the project. Mr. Stella stated that Staff is working with two of the owners - AMB and BART and both support the alignment. Staff has not spoken directly to Pan Pacific (current owners of the shopping center to the north). Cm. King asked if Staff has initiated contact with the property owners they have not spoken with. Ms. Ram stated the City has sent all affected properties within 300 feet a public hearing notice regarding tonight's meeting. Cm. Jennings asked if the AMB property is to the west of the BART property. Mr. Stella responded yes. Cm. Fasulkey opened the public hearing. John Greer, representing AMB Property stated they are in support of the project and are working close with staff. He stated that AMB feels that this is the best alignment for all parties concerned. Terry Roche, Property Manager for Pan Pacific stated this is the first they've heard of the proposed realignment. She requested that the Planning Commission take no action to enable them more time to review the proposal. Ms. Ram explained the procedure that the Planning Commission will make a recommendation that the City Council issue a resolution of intention. This will require that notices be sent out and posted on the site for the protest hearing. There will be a 30-day time period to work things out before the City Council takes action. Cm. King asked Ms. Roche which entity she represents and how she heard of tonight's public hearing. Ms. Roche responded she represents Pan Pacific Properties and she received the public hearing notice from her corporate office via inter office mail. Cm. Jennings stated there was a transfer of title from Liberty House to Pan Pacific and the easement/right-of-way would have been documented in the transfer. Mr. Stella stated it should have occurred, but the City does not have a current title report for the Pan Pacific Property. In 1996 the previous owners were aware of the realignment because they entered into an agreement, which was recorded and that agreement would have appeared in the title report. Cm. Fasulkey closed the public hearing and asked for a motion. Cm. Machtmes stated that he questions whether the realignment is procedural. He stated he was uncomfortable taking action tonight due to Pan Pacific being unaware of the realignment until a few days ago. Cm. Jennings asked Ms. Roche when she received the public hearing notice. Cm. Fasulkey re-opened the public hearing and asked Ms. Roche the direction she was given from her corporate office. Ms. Roche said the notice was sent to the corporate office and then forwarded to her with direction to attend the meeting. She explained that she represents the branch office for the property and the mail is forwarded automatically from the corporate office. She cannot guarantee the President and Vice President of the company are aware of the project and would like additional time to review it. Cm. Fasulkey stated Pan Pacific Properties was properly noticed and chose to pass the notice to the branch office and is not comfortable with taking no action on the proposed realignment. He re-closed the public hearing. Cm. King asked Staff if there is a time frame that the Planning Commission needs to be concerned with. Mr. Stella stated the City is currently negotiating with AMB/Legacy and BART for the construction of the road. If the developers in the area choose not to develop their properties, the City would build the road in the future and implement a Downtown Traffic Impact Fee to fund the construction. There is an opportunity for the City to work with those developers to see the road built as part of their project. Cm. Machtmes had a question for Ms. Roche about their request for additional time. Cm. Fasulkey reopened the public hearing and asked Ms. Roche how much time she was requesting. Ms. Roche asked when would it go to the City Council. Ms. Ram stated the project would go to the City Council on November 18, 2003 to adopt the resolution of intention. Cm. Jennings suggested that Ms. Roche give Staff an alternative address. Ms. Ram suggested that Ms. Roche leave her business card with the recording secretary and she'll update the mailing list. Cm. Fasulkey closed the public hearing. Cm. Nassar asked Staff why negotiations have not taken place with Pan Pacific Properties. Mr. Stella stated that Pan Pacific has not proposed any development on their property. Cm. Fasulkey asked if there were any other questions or comments from the Planning Commission. Cm. King asked if the Planning Commission does not adopt the resolution recommending to the City Council would it still go forward to the City Council. Staff responded yes. Cm. Jennings stated she is comfortable making the recommendation to City Council. Cm. Fasulkey asked if Staff has an answer to Cm. King's question. Mr. Stella responded that the Planning Commission could recommend denial and the City Council could still consider the item. Ms. Ram stated that the City Council would receive your report and the recommendation made by the Planning Commission. On motion by Cm. Jennings, 2na by Cm. Nassar, by a vote of 5-0 the Planning Commission unanimously approved RESOLUTION NO. 03 - 52 A RESOLUTION OF THE PLANNING COMMISSION ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND DETERMINATION OF GENERAL PLAN CONFORMITY OF THE LOCATION, PURPOSE AND EXTENT OF THE PROPOSED REALIGNMENT OF THE RIGHT-OF-WAY FOR ST. PATRICK WAY BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET (PA 95-043) On motion by Cm. Jennings, 2nd by Cm. Machtmes, by a vote of 5-0, with an amendment to the notice mailing list, the Planning Commission unanimously approved RESOLUTION NO. 03 - 53 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION OF INTENTION TO MODIFY AND ESTABLISH A RIGHT-OF-WAY LINE FOR ST. PATRICK WAY BETWEEN REGIONAL STREET AND GOLDEN GATE DRIVE (PA 95-043) Ms. Ram suggested Ms. Roche contact Staff right a way to discuss the realignment project. NEW OR UNFINISHED BUSINESS Cm. Jennings asked how long a recreational vehicle could be parked at a residence. Ms. Ram stated only temporarily for cleaning purposes. There was discussion on enforcement. Cm. Machtmes asked the process of putting up a new stop sign. Ms. Ram suggested putting it in writing addressed to the City's traffic engineer. OTHER BUSINESS (Commission/Staff Informational Only Reports) Ms. Ram stated there would be a joint study session with the City Council held on Nov. 24, 2003 to discuss the proposed juvenile justice center. ADJOURNMENT - The meeting was adjourned at 8:15 p.m. Respectfully submitted, Planning Commission Chairperson ATTEST: Planning Manager EXTENT OF THE PROPOSED REALIGNMENT OF THE RIGHT-OF-WAY FOR ST. PATRICK WAY BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET (PA 95-043) On motion by Cm. Jennings, 2nd by Cm. Machtmes,by a vote of 5-0, with an amendment to the notice mailing list, the Planning Commission unanimously approved RESOLUTION NO. 03-53 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION OF INTENTION TO MODIFY AND ESTABLISH A RIGHT-OF-WAY LINE FOR ST. PATRICK WAY BETWEEN REGIONAL STREET AND GOLDEN GATE DRIVE (PA 95-043) Ms. Ram suggested Ms. Roche contact Staff right a way to discuss the realignment project. NEW OR UNFINISHED BUSINESS Cm. Jennings asked how long a recreational vehicle could be parked at a residence. Ms. Ram stated only temporarily for cleaning purposes. There was discussion on enforcement. Cm. Machtmes asked the process of putting up a new stop sign. Ms. Ram suggested putting it in writing addressed to the City's traffic engineer. OTHER BUSINESS (Commission/Staff Informational Only Reports) Ms. Ram stated there would be a joint study session with the City Council held on Nov.24, 2003 to discuss the proposed juvenile justice center. ADJOURNMENT-The meeting was adjourned at 8:15 p.m. Respectfully sub 'tted, la Planning Comm' ion Chairper n ATTEST• Planning anager 'L.Ya,/fing Commission 'November Li!,?UO3 Wtwuf«r'Meetzn 166