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HomeMy WebLinkAbout6.1 UrbanOpptyPlanAmend -' \ . . . . CITY C"LERK File # t1LJ[11[[I]-(!][Ql AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 19, 1998 SUBJECT: PUBLIC HEARING: PA 98-029 Urban Opportunity Area - General Plan Amendment C!20 (Report prepared by: Carol R. Cirelli. Senior Planner) EXIDBITS ATTACHED: Exhibit 1: Draft City Council Resolution Adopting P A 98-029 Urban Opportunity Area - General Plan Amendment Planning Commission Resolution Recommending City Council Adoption of P A 98-029 Urban Opportunity Area - General Plan Amendment April 28. 1998 Planning Commission Meeting Minutes Letter from Gary Balsdon to the Planning Commission dated April 27. 1998 Map depicting City streets and the Western Extended Planning Area - Urban Opportunity Area Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: RECOMMENDATION: J 1.) {WI 2.) " 3.) 4.) 5.) Open the public hearing. Receive staff presentation and public testimony. Question staff and the public. Close public hearing and deliberate. Approve P A 98-029 Urban Opportunity Area - General Plan Amendment; or give staff direction and continue the matter. FINANCIAL STATEMENT: None BACKGROUND: The City Council directed staff to work on the Urban Opportunity Area - General Plan Amendment project as a high priority project for this Fiscal year 1997/98. A properly noticed public hearing for this project was held before the Planning Commission on April 14. 1998. Staff met the legal noticing requirements for the project by advertising in the local newspaper; posting at 3 public places; and notifying appropriate public agencies. Because there were some public concerns raised prior to the April 14th meeting. staff recommended a continuance of the public hearing to the next Planning Commission meeting in order to give affected property owners and the general public an opportunity to comment on - --.---'- - - --- -..........- - - - --- ---- - - - - - ----- - -.......-- ---- - - - - -- --- COPIES TO: In-House Distribution ITEM NO. ----'J g:\urbanoa\ccsr ':';~ the"project. Notices explaining the project and the public hearing process were serit out to all affected property owners within the Eastern and Western Ex.1ended Planning Areas on April 14th. 1 After the April 14th Planning Commission meeting. staff received calls from several concerned individuals and property owners. Staff met with some of these individuals and with the Dublin San Ramon Services District Water Committee. . The second Planning Commission hearing for the project was held on April 28. 1998. At that meeting. there were approximately 14 individuals who gave public testimony and all had major concerns with the project. Some of their major concerns include: . inadequate public notification · Urban Opportunity Area maps should show more detailed and specific constraints. i.e.. contour lines; restrict development on 15% slopes instead of 30%; sensitive vegetation; sensitive habitat; and stream corridors · Urban Opportunity Area policies (policy Band C of Western Extended Planning Area) are not specific enough . no consideration of the Alameda County General Plan · area shaded "Urban Opportunity Area" within the Western Extended Planning Area gives "blessing." or "prior approval" to the area for future development · no logic with serving Schaefer Ranch up to 1.000 feet and no other lands within the Western Extended Planning Area that are above the 740 foot elevation · Milestone property should be included within the Urban Opportunity Area · Developers can pay for expanded water services beyond current water service elevations Several individuals also requested that the project be continued to another future date until public . concerns have been adequately addressed (see Exhibit 4. letter from Gary Balsdon). DESCRIPTION: Dublin General Plan The City's General Plan includes guiding and implementing policies for two extended planning areas- the Eastern Extended Planning Area and the Western Extended Planning Area. The extended planning areas represent land outside the current city boundaries which bears relation to the City's planning and represents the largest remaining area available for future development in Dublin. The Eastern Extended Planning Area boundary was amended in 1994 with the adoption of the Eastern Dublin General Plan Amendment (GPA). The Western Extended Planning Area. located along the north side ofI-580 and west of the existing development in Dublin. follows the boundary of the City's western sphere of influence line. The Dublin General Plan includes new policies for both extended planning areas with the recent Schaefer Ranch GP A and Eastern Dublin General Plan Amendment project approvals. The implementing policies for residential development within the extended planning areas that are not covered by the Eastern Dublin GP A or the Schaefer Ranch GP A state that "utilities and public safety services will be provided at urban standards without fmancial burden to Dublin residents and businesses." and "proposed site grading and means of access will not disfigure the ridgelands." . 2 . The City continues to support these policies; however. the General Plan does not include a graphic representation identifying areas where orderly and logical growth can occur without major impacts to the environment. or to public services and infrastructure. For this reason, the City is proposing an amendment to the General Plan that identifies a geographic area of urban development potential within the Dublin city limits and adopted sphere of influence. This area is referred to as the "Urban Opportunity Area." The Urban Opportunity .Area identifies where development is expected to occur over the next 20 to 25 years. The benefits of delineating areas of urban opportunity include ensuring the protection of visually sensitive ridgelands and biologically sensitive habitat areas. and ensuring that any new development requiring urban levels of service within the extended planning areas occurs in a logical. orderly manner adjacent to existing development. Urban Opportunity Area Boundaries The Urban Opportunity Area (UOA) boundary within the Eastern Dublin Extended Planning Area is the 770 foot elevation line. which is the highest serviceable elevation for water service within this area based on the adopted Eastern Dublin General Plan Amendment and Specific Plan. and the Dublin San Ramon Services District's Eastern Dublin Facilities Plan dated June. 1997. Almost all ofthe development areas within the UOA are within the adopted Eastern Dublin Specific Plan. Several smaller areas (north near the Contra Costa County line and east of Croak Road) are outside the adopted Eastern Dublin Specific Plan area, but within the City's adopted sphere of influence as defined by the Local Agency Formation Commission. . The UOA boundary within the Western Dublin Extended Planning .Area is the 740 foot elevation line. Tbis boundary was chosen because development beyond this point would result in the expansion of water service pressure zones. except for already approved projects; an increase in reservoir sizes beyond what has been already constructed and/or approved; or major impacts to visual quality. biology, geology, traffic and circulation. and areas which have slopes over 30 percent. UOA - General Plan Amendment The general plan amendment will consist of adding language at the end of Section 1.4 after the discussion of the Primary Planning Area of the General Plan. The amendment includes a general description of the UOA; a description of the UOA boundary within the extended planning areas. and UOA implementing policies within both extended planning areas (see Draft Resolution, Exhibit 1. Attachment I-A). General Plan figures have also been amended to reflect the UOA policies (see attachments to Attachment I-A). Figure 1-2. Dublin General Plan - Extended Planning Area Land Use has been amended to show the UOA policies. and Guiding Policy 2.1.4 A. was deleted from the map. but still retained within the tex.1; a new Figure 1-4 has been added showing the UOA boundary within the Eastern Extended Planning .Area; and a new Figure 1-5 has been added showing the UOA boundary within the Western Extended Planning .Area. Exhibit 5 of the staff report depicts a larger scale of the Urban Opportunity Area within the Western Extended Planning Area. The purpose of this map is to show the relationship of the Western Urban Opportunity Area with existing City streets and developments. . All UOA policies are consistent with the existing General Plan policies and programs that recognize the eAlent of urban development within areas that would not result in impacts to public services. visually ... ;) sensitive ridgelands, biologically sensitive habitat areas. and infrastructure. The proposed General PI~ Amendment merely defines areas of urban development potential within both extended planning areas and depicts these policies on a map. The UOA is a long-term commitment by the City to manage growth within the current City limits and the Eastern and Western Extended Planning Areas. It is important to note that property owners within the UOA are not guaranteed development rights or . given prior approval for development. These property owners would still need to request a general plan amendment. prezoning. annexation and proceed with the normal entitlement process. This entire process will require extensive environmental documentation pursuant to the California Environmental Quality Act and public review period. In addition. although the UOA maps depict areas where development should be precluded. property owners outside the UOA are not totally excluded from applying for general plan amendments and entitlements. As Policy "B" under both the Eastern and Western Extended Planning Area policies states. urban land uses may be approved for areas beyond the UOA only when information covering the project's notential environmental impacts is available. as reviewed through a general plan amendment. RECOMMENDATION: Staff recommends that the City Council adopt the UOA General Plan Amendment. The UOA policies support existing General Plan policies of ensuring that any new development requiring urban levels of service within the extended planing areas occurs in a logical manner adjacent to existing development; and incorporating open space systems and preserving Dublin's visual qualities and biologically sensitive habitat areas within both the Eastern and Western Extended Planning areas. . . 4 . . . /#()/ RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTION OF P A 98-029 URBAN OPPORTUNITY AREA - GENERAL PLAN AMENDMENT WHEREAS. the City recognized the need to identify a geographic area of urban development potential within the Dublin city limits and the adopted sphere of influence; and WHEREAS. this geographic area of urban development potential is referred as the "Urban Opportunity Area"; and WHEREAS. a General Plan Amendment is proposed that would identify an Urban Opportunity Area; incorporate an Urban Opportunity Area boundary within the Eastern and Western Extended Planning Areas; and include new General Plan policies addressing the Urban Opportunity Area; and WHEREAS. the purpose of the Urban Opportunity Area is to clearly identify areas of urban development potential where orderly and logical growth can occur without major impacts to the environment. or to public services and infrastructure; and WHEREAS, the Urban Opportunity Area is a long-term commitment by the City to manage growth within the current City limits and the Eastern and Western Extended Planning Areas. and identifies where development is expected to occur over the next 20 to 25 years; and WHEREAS, the Urban Opportunity Area General Plan Amendment is consistent with other policies and programs of the Dublin General Plan that recognize the extent of urban development within areas that would not result in impacts to public services. visually sensitive ridgelands and biologically sensitive habitat areas; and WHEREAS. According to Section 15061 (a)(3) of the California Environmental Quality Act (CEQA). the project is exempt from CEQA because the project will not have the potential for causing a significant effect on the environment and the project is within the scope of the following public record documents: Dublin General Plan (incorporating the Eastern Dublin General Plan Amendment and the Schaefer Ranch General Plan Amendment); the Eastern Dublin Specific Plan. the Eastern Dublin General Plan Amendment and Specific Plan ErR; the Western Dublin Specific Plan and General Plan Amendment EIR; and the Schaefer Ranch General Plan Amendment ErR; and WHEREAS. the Planning Commission held a duly noticed public hearing on the P A 98-029 Urban Opportunity Area General Plan Amendment on April 14. 1998 and considered all written and oral testimony submitted at the public hearing; and WHEREAS. due to a some concerns raised prior to the April 14. 1998 meeting regarding P A 98- 029 Urban Opportunity Area General Plan Amendment. staff recommended a continuance of the public hearing to the April 28. 1998 Planning Commission meeting; and EXIDBIT 1 ;? e-{ )./ . WHEREAS, on April 28. 1998. the Planning Commission considered all vvrinen and oral testimony submitted at the public hearing. and adopted Resolution No. 98-18 recommending City Council approval of the Urban Opportunity Area General Plan Amendment; and . WHEREAS. the City Council held a duly noticed public hearing on the P A 98-029 Urban Opportunity Area General Plan Amendment on May 19. 1998 and considered all written and oral testimony submitted at the public hearing. NOW. THEREFORE. BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. The P A 98-029 Urban Opportunity Area General Plan Amendment. as described in Attachment I-A of this Resolution. is consistent with the Dublin General Plan. 2. This General Plan Amendment is necessary for identifying a geographic area of urban development potential within the Dublin city limits and the adopted sphere of influence. within the Eastern and Western Extended Planning Areas. where orderly and logical growth can occur without major impacts to the environment. or to public services and infrastructure. 3. The General Plan Amendment is consistent with other policies and programs of the Dublin General Plan that recognize the extent of urban development within areas that would not result in impacts to public services and infrastructure. visually sensitive ridgelands and biologically sensitive habitat areas. NOW. THEREFORE. BE IT FURTHER RESOL VED that the Dublin City Council hereby approves PA 98-029 Urban Opportunity Area General Plan Amendment. attached as Attachment I-A and incorporated herein by reference. . PASSED. APPROVED AND ADOPTED this 19th day of May. 1998. AYES: NOES: ABSENT: ABSTAlN: Mayor ATTEST: City Clerk . g:\urbanoa\ccsr . . . 3 rr: J-/ GENERAL PLAN AMENDMENT URBAN OPPORTUNITY AREA AMENDMENT 1.4: PRIMARY PLANNING AREA AND EXTENDED PLANNING AREA [Add the following text to end of Section 1.4] Urban Opportunity Area - Eastern and Western Extended Planning Areas The Urban Opportunity Area is a long-term conunitment by the City of Dublin to manage growth within the current City limits and the Eastern and Western Extended Planning Areas. The Urban Opportunity Area identifies where development is expected to occur over the next 20 to 25 years. The purpose of the Urban Opportunity Area is to clearly identify geographic areas of urban development potential within the Dublin city limits and the adopted sphere of influence where orderly and logical growth can occur without major impacts to the environment. or to public services and infrastructure. The term "urban" means residential and non-residential development. with associated public infrastructure and services. that is consistent with the General Plan. The Urban Opportunity Area policies are consistent with existing City General Plan policies and programs that recognize the extent of urban development within areas that would not result in impacts to public services. visually sensitive ridgelands and biologically sensitive habitat. The Urban Opportunity Area policies support the City's existing policies of ensuring that any new development requiring urban levels of service within the extended planning areas occurs in a logical. orderly manner adjacent to existing development; and incorporating open space systems and preserving Dublin's visual qualities within both the Eastern and Western Extended Planning areas. Urban Opportunity Area - Eastern Ex1ended Planning Area The Urban Opportunity Area in Eastern Dublin is defined as a geographic area of urban development potential located within the City limits and adopted sphere of influence in Eastern Dublin below an elevation of 770 feet (see Figures 1-2 and 1-4). The Urban Opportunity Area is bounded by open space and rural residential areas to the east and north. and areas of high elevation. This area identifies where urban development is expected to occur over the next 20 to 25 years in Eastern Dublin. It reflects the "conununity of interest" where public services. schools. commercial services and transportation linkages tie this area into and through other areas of Dublin. The 770 foot elevation reflects the highest serviceable elevation for water service based on I) the adopted General Plan and the Eastern Dublin Specific Plan; and 2) the adopted Dublin San Ramon Services District - Eastern Dublin Facilities Plan dated June. 1997. Attachment I-A (Exhibit 1) // / "/1 7 ""[) r Physical characteristics within this area (i.e.. rolling hills, flat lands. creeks and proximity to major . transportation links. such as freeways. major streets and BART) enhance the sense of community and association with Dublin. Almost all of the development areas shown as part of the Urban Opportunity Area are within the adopted Eastern Dublin Specific Plan area. Several smaller areas (north near the Contra Costa County line and east of Croak Road) are outside the adopted Eastern Dublin Specific Plan area. but within the City's adopted sphere of influence as defined by the Local Agency Formation Commission. The City of Dublin has defined a plan for phased and appropriate urban development of this area either through the General Plan and/or the Eastern Dublin Specific Plan. Logical extension of public services and infrastructure in this area will be accomplished in an orderly and environmentally sound expansion and the 770 foot elevation reflects the logical boundary for this extension. Implementing Policies - Urban Opportunity Area - Eastern Extended Planning Area A. The City shall utilize the 770 foot elevation as a planning tool to provide a transition/buffer area between urban development and agricultural/open space land uses east of the sphere of influence line which do not require an urban level of public service and infrastructure. B. Urban land uses may be approved for areas beyond the Urban Opportunity Area only when land use information is available covering the potential impacts associated with natural resources. public health and safety. visually sensitive resources. biologically sensitive habitat areas. . infrastructure. future land uses and other issues. as reviewed through a General Plan Amendment. C. A new specific plan or amendment to the existing Eastern Dublin Specific Plan will be required before any urban development is approved for those areas outside the Urban Opportunity Area not covered by the present Specific Plan. The Specific Planes) shall include new policies and action programs which further the goals and policies of the General Plan and are designed specifically for the Eastern Extended Planning Area. Urban Opportunity Area - Western Extended Planning Area The Urban Opportunity Area in Western Dublin is defined as a geographic area of urban development potential located beyond the City limits and within the adopted sphere of influence in Western Dublin below an elevation of 740 feet (see Figures 1-2 and 1-5). Implementim! Policies - Urban Ooportunity Area - Western Extended Planning Area A. The City shall preclude development beyond the Urban Opportunity Area (740 foot elevation) that would result in: 1) the expansion of water service pressure zones. except for already approved projects. 2) an increase in reservoir sizes beyond what has been constructed and/or 2 . Attachment I-A (Exhibit 1) . . . 5~:J-1 approved. as of date , the effective date of the Urban Opportunity Area amendment, or 3) major impacts to visual quality. biology. geology. traffic and circulation. and areas which have slopes over 30 percent. B. Urban land uses may be approved for areas beyond the present Urban Opportunity Area only when land use information is available covering the potential impacts associated with natural resources. public health and safety. visually sensitive resources. biologically sensitive habitat areas. infrastructure (including roadway access). future land uses and other issues, as reviewed through a General Plan Amendment. c. 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RESOLUTION NO. 98 - 18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCn.. ADOPT P A 98-029 URBAN OPPORTUNITY AREA GENERAL PLAN AMENDMENT 'WHEREAS. the City recognized the need to identify a geographic area of urban development potential within the Dublin city limits and the adopted sphere of influence; and WHEREAS. this geographic area of urban development potential is referred as the "Urban Opportunity Area"; and WHEREAS. a General Plan Amendment is proposed that would identify an Urban Opportunity Area; incorporate an Urban Opportunity boundary within the Eastern and Western Ex.1ended Planning Areas; and include new General Plan policies addressing the Urban Opportunity Area; and . '\VHEREAS. the purpose of the Urban Opportunity Area is to clearly identify areas of urban development potential where orderly and logical growth can occur without major impacts to the environment, or to public services and infrastructure; and WHEREAS. the Urban Opportunity Area is a long-term commitment by the City to manage growth within the current City limits and the Eastern and Western Ex.1ended Planning Meas. and identifies where development is expected to occur over the next 20 to 25 years; and WHEREAS. the Urban Opportunity Area General Plan Amendment is consistent with other policies and programs of the Dublin General Plan that recognize the extent of urban development within areas that would not result in impacts to public services. visually sensitive ridgelands and biologically sensitive habitat areas; and 'WHEREAS, According to Section 15061 (a)(3) of the California Environmental Quality Act (CEQA). the project is exempt from CEQA because the project will not have the potential for causing a significant effect on the environment and the project is within the scope of the following public record documents: Dublin General Plan (incorporating the Eastern Dublin General Plan l'\mendment and the Schaefer Ranch General Plan Amendment); the Eastern Dublin Specific Plan. the Eastern Dublin General Plan Amendment and Specific Plan EIR; the Western Dublin Specific Plan and General Plan Amendment EIR; and the Schaefer Ranch General Plan Amendment EIR and . WHEREAS. the Planning Commission held duly noticed public hearings on the P A 98- 029 Urban Opportunity Area General Plan Amendment on April 14. and April 28. 1998 and considered all written and oral testimony submitted at the public hearings. EXHlBIT 2 IV e-'" J I I~ J NOW, THEREFORE, BE IT RESOL YED THAT THE Dublin Planning Commission hereby finds that: 1. The P A 98-029 Urban Opportunity Area General Plan Amendment, as described in Attachment I-A of this Resolution, is consistent with the Dublin General Plan. 2. This General Plan Amendment is necessary for identifying a geographic area of urban development potential within the Dublin city limits and the adopted sphere of influence. within the Eastern and Western Ex.1ended Planning Areas. where orderly and logical growth can occur without major impacts to the environment, or to public services and infrastructure. 3. The General Plan Amendment is consistent with other policies and programs of the Dublin General Plan that recognize the extent of urban development within areas that would Dot result in impacts to public services. visually sensitive ridgelands and biologically sensitive habitat areas. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission recommends City Council approval ofP A 98-029 Urban Opportunity Area General Plan Amendment. attached as Attachment I-A and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED this 28th day of April. 1998. AYES: Cm. Jennings. Johnson, and Hughes NOES: Cm. Musser. and Oravetz ABSENT: Planning Commission Chairperson A'~~f~ v ,. Community Development Director g:\urbanoa \peres . . . II b)f ;Z / . Jennings asked for any other comments. . Cm. H hes would like to keep the fence at three feet. If closing off an egress and ingress to the buildi :::> and there is an mergency. a five foot fence would make it almost impossible to get in. The hours ofth atio for Friday and S rday to 11 :00 p.m. made sense but during the week he would like to have the ho s 11 :00 am. to 10:00 p.m.. . Oravetz. and maybe changing the hours if th Cm. Johnson agreed with they should see if the hours from 11 :00 a.m. to 11 :00 p.m. Mr. Peabody stated that the cond! . n can always change. Cm. Hughes asked iftbere were other ith outdoor seating near a residential area. . APPROVING P A 98-0 HOOLIGAN'S CALIFORNIA ALEHOU AND GRllL COl\TDmONAL USE PERMIT REQUEST FOR AN 7 SQUARE FOOT OOR SEATING/ PATIO AREA ADDmON TO AN EXIST RESTAURANT AND BAR, 7294 SAN RAMON ROAD. STROUDS P ,g.,;. 8.2 (Continued Public Hearing) P A 98-029 - Urban Opportunity Area General Plan Amendment. The City of Dublin is proposing a General Plan Amendment to designate Urban Opportunity Area boundaries within the Eastern and Western Ex.1ended Planning Areas. Ms. Cirelli presented the staff report She stated that this item was continued from the last Planning Commission meeting. Since that meeting. staff sent out notices to all affected property owners in the Western Extended Planning Areas; and staffmet with the DSRSD Water Commission to explain the project. We have recently been receiving numerouS comments from property owners within the Western Extended Planning Area, and one comment from a resident adjacent to the project area. This DOA is consistent with the existing General Plan policies and urban development within the Urban Opportunity Area would not result in impacts to public services. visually' sensitive ridgelands. biologically sensitive habitat areas, and infrastructure. She stated that property within the UOA does not guarantee development rights. New development proposed within the UOA would still need to go through the normal environmental review and entitlement process. The purpose of proceeding with this General Plan Amendment is to include General Plan maps that graphically depict existing General Plan policies. She concluded her presentation. . Mr. Peabody stated that the DOA came directly from the City Council for staff to study. This has been going on for some months and eventually will have to be resolved by the City Council. R=gular M=eting [4--28 pcmi] 33 Apri128, 1998 EXlllBIT 3 /~~.,;Lr Ms. Cirelli put up some overheads of the area. She stated that the map is the western e>..1ended planning area. Outside the Urban Opportunity boundary there is development constraints for certain areas because it is above the 740 foot water elevation. She showed an area on the map that has urban development potential because it is . under the 740 foot water elevation and without development constraints. Cm. Jennings asked if anyone had any questions. She wanted to clarifY that the project is not about development. Cm. Johnson asked if the area was accepted as possible development, will there be restraints to it. Ms. Cirelli stated that there are no development plans for the area. Someone asked where the water tank is located and others commented that the overhead map does not include any street names. Bruce Webb from DSRSD showed on the map where the existing reservoir was located. em. Jennings explained that the project was proposing a General Pan Amendment to designate a urban opportunity boundary within the western region. She stated that the project has nothing to do with development. John Anderson, 11174 Brittany Lane. Mr. Anderson stated that he did not know there was a public hearing prior to this. In the staff report there is a statement on page 1 that states the proposed site grading and means of access will not disfigure the ridge lands; he wanted to know what that meant Ms. Cirelli stated that there is not a specific map in the existing General Plan that shows where these ridge lands are located. The definition is also not clearly defined. Mr. Peabody stated that the statement of site grading would not disfigure the ridge lands, comes from the existing General Plan. . Mr. Anderson, stated that the proposed Urban Opportunity Area policies are highly ambiguous, especially the statement page 2 of the staff report major impacts to the environment. With most of the developments that he has been associated with. the EIR's ended with a mitigating statement. He asked if there is a metrics to judge what the impact will be and whether it is major. Ms. Cirelli stated that there are State guidelines and requirements. All development projects are required to go through the California Environmental Quality Act environmental process which entails detailed studies. Mr. Anderson asked if it was defined as major. Ms. Cirelli stated it might be major or minor depending on what the project is. The General Plan document is a general policy document. There are policies that state refinement studies and more detailed studies would need to be done to determine the levels of environmental impact. Staffhas looked at all the existing General Plan policies; staffwants to retain the policies and graphically depict them. The environmental analysis would be conducted for projects proposed in the western and eastern extended planning areas where there is urban development potential without major impacts to the environment. She stated that the City has a constraints map depicting the ridge lands and because of those ridge lands staff feels that development in those areas would have major impacts. Mr. Anderson asked if staff felt there would be a disfigurement to the ridge lands to the area being studied. . Regular Meeting [4-28 pcmi] 34 April 28, 1998 . . . Ms. Cirelli stated that it may have impacts but staff does not know at this time. /:3~:;'/ Mr. Anderson stated that there is a statement that development is expected to occur within the next 20 to 25 years. He asked how that is forcasted. Ms. Cirelli responded that general plans would follow a future forecast; they are usually forcasted through the next 20 to 25 years. Mr. Anderson asked if there would be development there in the next 20 to 25 years. Ms. Cirelli stated that has not been detennined. Mr. Anderson asked if the area was exempt from CEQA. Ms. Cirelli responded that this General Plan Amendment project is exempt from CEQA. He asked why the study was being done. Ms. Cirelli stated that the existing General Plan does not show any constraints map or any areas within our sphere of influence where there may be some development constraints. Mr. Anderson stated that the people adjacent to the area should have been notified. He feels that the notification process the City uses is lacking something. Mmjorie Labar. 11707 Juarez Lane. She stated that the concept was excellent and long over due. The public requested this 10 years ago. Her concern is that this does not go into enough detail. She wants to see the constraint areas overlaid onto a topo map to see the contour lines for east and west Dublin. She would like these topo maps to identify 15% slopes or greater. She would also like to see areas of sensitive vegetation. habitats and Stream corridors with 100' buffer from center of stream outward overlaid onto the maps. The Planning Deparnnent should check with the surrounding areas. She stated that if the City is going through the trouble to do this it needs to be done right. Morgan King. 7567 Amador Valley Boulevard. He stated that he was opposed to the item. He asked what precisely was City Council's direction to staff. Mr. Peabody stated that the Council asked staff to look specifically at eastern and western extended planning areas to detennine a logical area that would represent urban development over the next 20 to 25 years. Mr. King asked if this request was in writing. Mr. Peabody stated that the request carne as part of the City Council's goals and objectives fonn which is done eve!)' March. Staffhas been instructed to prepare a report and start the public hearing process. Mr. King asked ifthat was available to the public. Mr. Peabody responded yes. Mr. King asked if anyone can apply for a study like this. Mr. Peabody stated that the public has a right to address the Councilor Commission on these types of issues. Regular Meeting [4-28 pcmi] 35 April 28, 199& If ~ ;7./ Mr. King stated that he did not want to just address his concerns. he wanted to know if you could ask the Planning Commission to adopt a General Plan Amendment. Mr. Peabody stated any General Plan Amendment must be initiated from the City Council. . Mr. King asked what documents were used in the analysis. Mr. Peabody stated that there is a whole variety of documents on file. Ms. Cirelli stated the fonner Western Dublin Specific Plan, and the Environmental Impact Report which includes a constraints map. Mr. King asked if the Alameda County General Plan was included. Ms. Cirelli stated that the Alameda County General Plan was not used in this analysis. StafffeIt it was not applicable to what the City was doing within the sphere of influence areas. Mr. King asked what is in the Alameda County General Plan regarding the West Dublin hills. Mr. Peabody stated that it is shown as agriculture and open space. Mr. King stated that the County General Plan states that the County shall encourage the City of Dublin to retain this area as open space. Ms. Cirelli stated that the City is taking a position because that area is in Dublin's sphere of influence. Mr. King asked who told staff to disregard the Alameda County General Plan. . Mr. Peabody stated that the City Council is the ultimate determinant of any General Plan Amendment. Mr. King asked if the City Council instructed staff to disregard the Alameda County General Plan. Mr. Peabody responded that the City Council did not instruct staff to disregard the County General Plan. Ms. Cirelli stated that staff is not disregarding it. The City has different policy goals for our sphere of influence. She stated that cities do not always agree with other jurisdictions. Mr. King asked if this was a zoning change. Mr. Peabody stated no. Mr. King asked if a zoning change or amendment would require approval from the City Council. Mr. Peabody responded yes. Mr. King asked why is there a need for more housing in the west Dublin foothills. He stated that the resolution states that the city recognizes the need to identify a geographical area of urban development potential within the Dublin City limits. Ms. Cirelli stated that the resolution does not state the City needs urban development. The City recognizes the . need to identify areas of urban development potential within the e>..'tended planning areas within the City's sphere Regular Meeting [4-28 pcmi] 36 April 28, 1998 /5 :;./;;/ of influence. Cities do plan future land uses within their spheres of influence. The City is looking at that area to become aware of some oftbe development constraints and to see where development can occur. if it could occur at all. . Mr. King asked if the City could plan to leave it as open space. Ms. Cirelli stated yes it could. Bruce Webb. Engineering Planner for DSRSD. He stated that he is for the project. He stated that he attended the meeting to clarify water capabilities. They have been researching this and have reservations about some of the text in the document. He stated that their role is to plan for and design water systems in conformance with the City's General and Specific Plan. The district has not made any decisions regarding it's capability. He stated that the senior staff from DSRSD will continue to work with City staff and will recommend some minor te)..1 changes that do not need to be addressed right now. Mark Saake, 11198 Brittany Lane. He asked the Commission to continue the project for further public comments. He stated that this does give a blessing for future potential development and that access roads would be affected by development. Cm. Musser stated that the bulk of the map is precluded from development in this area The blue area shown on the map is a small area that will be studied before any future development can occur. Mr. Saake stated that the residents affected should be notified. Ms. Cirelli stated that comment will be taken seriously by staff. She stated that if there is ever a project proposed in the area being studied, all the people in area will be notified. . Tina Corso. 11220 Bay Laurel Street. She stated that the roads were her concern. She purchased her home in July and she would have thought twice if she had known about it. She wanted to know how they would get to the new development. David Bewley, 11166 Brittany Lane. He stated he is speaking in opposition to the project. He stated that he has a problem with the language and finds it confusing. This appears to be a fonn of prior approval. The water pressure zones will have too much weight. Why does the water tank have to be 740 feet. He does not believe that these areas have been given balanced assessment. He felt that the City should not be looking at the west and east together. These are different areas with different problems. He asked what streets are possible connector streets to this area. He stated that there is currently a General Plan study being done for the area. He wrote a letter to the City Council with his concerns of balancing the whole General Plan concept. The entire western area should be looked at as a whole. and that has not heen done. He stated that Urban Opportunity area looks like prior approvaL He asked if the area referenced in blue was the area being studied a couple years ago. Mr. Peabody stated that Mr. Nielsen has received permission from the City Council to do a General Plan study, but has not filed any documents. Mr. Bewley stated that there was a time line on doing a study. It appears that this area will result in a pennanent study. He stated that this project should have more notice to the affected residents and projects should be posted on the web. The slope definitions should be reduced from 30% to 20%. . Bud Nielsen. 11637 Alegre Drive. He stated that he is against the study. He would like to get up to speed on the project. He understands the Urban Opportunity Area but is confused on the 740 foot and 770 foot water elevations. Regular Meeting [4--28 pcmi] 37 April 28, 1998 Ie ~?;11 Ms. Cirelli stated that the 770 foot water elevation was in the Eastern Dublin area and does not apply to the Western area. The Western area will use the 740 foot elevation, exclusive of the Schaefer Ranch project. Mr. Nielsen asked the reason for that. . Ms. Cirelli responded that it is the way DSRSD established their water service level for Western Dublin. Mr. Webb stated that the difference is because the Eastern Dublin 770 foot elevation is the elevation that your plans show as approved development now. In the master planning process they looked at it carefully and established a 770 foot top elevation. They would have preferred to stop at 740 feet but there are land uses that will require water above those elevations. Mr. Nielsen stated that Schaefer is developing a pressure zone to 1000 feet. Mr. Peabody stated that when Schaefer was approved, the tanks were sized for Schaefer Ranch only. They do not have the capacity to service any other areas beyond Schaefer Ranch at that elevation. Mr. Webb stated that was true for the Schaefer Ranch project. If the City of Dublin approved development else where at other elevations. DSRSD would have to see that the storage would meet the fire demands. Mr. Nielsen stated that when approving a project with a pressure zone going to 1000 feet, and the rest of the people can not develop there does not make any sense. There are places for some beautiful homes in that area; why set a boundary. Tom Ford., 7262 Tina Place. stated that he supports the speakers. He stated that this preliminary plan could lead to a final plan for the area. His objection is that it is not consistent with the western ridge referendum or with the . promises of the Council candidates in 1994 where they said no more development for this area. The Schaefer Ranch project was designed to prevent further sprawl into this area. The expressed preference by a nearby home owners association was for the area being studied to not have any development. It is a very steep area and the City should think about liability. He began to discuss a presentation done by the Mayor. Cm. Jennings asked the speaker to please stay with the topic. Mr. Ford stated that he appreciated Mr. Webb's constraints and wording about DSRSD cooperating with the City. Sue Rainey, 11157 Bay Laurel Street stated that she is not against growth in Dublin; she wants planned growth. She stated that development starts somewhere and this is how it starts. There is a problem with very bad traffic. going to and from Valley Christian school. She asked where the roads were going into this and why weren't the residents notified. To her understanding the proposed development in this area has been voted down. Ms. Cirelli stated that this is not a development project being proposed. Staff is designating an area of urban development potential that has fewer constraints in the Western Dublin General Plan Amendment area. This area does not have development rights. Ms. Rainey asked where the development process starts. Ms. Cirelli stated that the property owners would need to request from the City Council an initiation of a General . Plan "Amendment and Jrnnexation. Regular Meeting [4-28 pc:mi] 38 April 28, 1998 . . 1'l~_:21 Ms. Rainey stated that this is the initial step for development. Ms. Cirelli stated that if there was a General Plan initiation approved and the study begins. the residents within 300 feet would be noticed. Ms. Rainey stated that the City is affecting more than just the residents within 300 feet. Ms. Cirelli stated that state law only requires the residents within a 300 foot radius be notified. Staff can make the decision ifnoticing should extend beyond the 300 foot radius. Ms. Rainey stated that the residents do not want this and that should be passed on to the City Council. Maureen Haddad, 11556 Bay Laurel, stated she was not against development in Dublin. She lives on a street that is unsafe for children to play. She wants to know what major impact on circulation meant, what major impact on traffic meant, and what major visual affects meant. She feels they should be defined early. She stated that her street has been deemed by the traffic department as not having any significant or major problems. They have begged for help but it is not a major significant problem. If this is the definition of.'major" it needs to be redefined so the people will know before they buy a home. She heard a speech from the Mayor and he stated that the Urban Opportunity area will have 1800 acres of designated open park play space. Ms. Cirelli stated that the area was a requirement of the Schaefer Ranch project which is surrounded by the Urban Opportunity area. Ms. Haddad stated that the Mayor specifically stated the 1800 acres was going to be saved in the Urban Oppornmity area. Ms. CirelIi stated the Mayor may be referring to the East Bay Regional Park District. Ms. Haddad stated that she would like this project to be continued so more people can become aware and be heard. Marie Cronin. 8989 Dolan Canyon Road, stated that she is not as informed as she would like to be. The Urban Opponunity area as defined, is an area for urban development potential. She feels that the Cronin ranch lands and the Nielsen Ranch lands should be included. The 740 foot elevation area should be looked at. Their families have been in Dublin since the 1850's; and have had many families on these lands. If the elevation for Schaefer Ranch was worked out, there can be room for working out a water service for the other area. There should be a few guidelines to make it fair. Cm. Jennings asked if anyone had any other comments. Ms. Haddad stated that there is still an issue with the landslide areas. Mr. Bewley stated that Alameda County has encouraged Dublin not to develop. The Alameda County General Plan has policies that the area be left as open space and is necessary for the quality of life. Mr. King stated that the California State Open Space Act specifically states that it is of urgent State concern that cities adopt open space policies. The City of Dublin does not have an open space zoning. . Ms. Labar would like to see the staffreports on the City's web page. Regular Meeting [L28 pcmi] 39 April 28. 1998 /:if cJ/..5-1 Mr. Nielsen, stated that the water elevation zone is 770 feet in Eastern Dublin, and 740 feet in Western Dublin; he asked if staff has taken into consideration the different terrain for each area. Mr. Peabody stated that the reason for the difference is the topographic features and where development has . occurred in the past. Mr. Nielsen stated that it was unbelievable to him. Mr. Peabody stated that the elevation was 740 feet in West Dublin with the exception of Schaefer Ranch. When Schaefer Ranch was approved, they raised the elevation to another pressure zone, but the tanks were sized for that development only. Mr. Nielsen stated that the land in Western Dublin is higher than Eastern Dublin. Cm. Johnson stated the Schaefer Ranch project was approved by a meeting of the developer with a number of people who were against Western Dublin development. If you develop in Western Dublin and draw water from a tank 740 feet high, that is as high as you can go. If you built a tank at 1200 feet you could draw from a water tank J 200 feet. Mr. Peabody stated that with additional studies this particular boundary can be changed. Cm. Jennings closed the public hearing. Mr. Peabody stated that this project will go to City Council on May 19th. Cm. Musser stated that he shares a number of the residents concerns. He does not feel comfortable making a . recommendation to City Council and would like to see more detail. He would like the project to be continued. Cm. Hughes stated that the project is a topography study. He asked if the City Council gave staff direction on what criteria to use. Mr. Peabody stated no. Staff evaluated the General Plan. the Eastern Dublin Specific Plan. and the Western Dublin EIR to try to come up with reasonable criteria for what an Urban Opportunity Area could be. Cm. Hughes stated that Planning Department took a lot of effort. He was very much against development in the Western Dublin area and stated that the Planning Commission has the directive to move the process forward. He does not see a point to a continuance. This study begins the process, and should go forward and the City Council can make their decisions. The Alameda County General Plan recommends to leave the area opens space. that is fine but the City incorporated in 1982 and it has a right to govern itself. This study has nothing to do with development. Cm. Oravetz agreed with Cm. Musser on the continuance. He was not prepared to vote on this item and recommended to the City Council. He believed the residents required more notification. Cm. Jennings stated that the notices were sent to the property owners. She stated that due process was done with a notice in the kiosk, in the paper and the library. She recommended a motion be made. On motion by Cm. Hughes. seconded by Cm. Johnson. with a 3-2 Yote. Cm. Musser and Oravetz opposed, the . Planning Commission approved Regular Meeting [4-28 pcmi] 40 April 28, 1998 -;7 ~ ;2 / RESOLUTION NO. 98 - 18 . RECOMMENDING THAT THE CITY COUNCIL ADOPT P A 98-029 URBAN OPPORTUNITY AREA GENERAL PLAN AMENDMENT 83 P A 97-046 Wireless Communication Facilities - Zoning Ordinance Amendment The City of D in is proposing an amendment to the Zoning Ordinance that involves the regulation of wireless communication facilities. The purpose and intent of this ordinance is to provide a uniform and mprehensive set of standards for the development and installation of wireless communicati facilities (e. . antennas. personal wireless service facilities. monopoles, lattice towers. etc.) and rela d facilities. and protect and promote public health. safety. community welfare and aesthetic qualif s for the City of Duo 'n. . Carol Cirelli, Senior P ner presented the staff report Staff is proposing an amend nt to the Zoning Ordinance that includes zoning pro . ions for the development and installation of wireless c munication facilities. These provisions cover the siting, esigning and permitting of wireless communicatio acilities. The City's main purpose for establishing thes oning standards is to protect and promote pub c health, safety. community welfare and the aesthetic quali ofDubJin as set forth within the goals an bjectives of the City's General Plan. With the emergence of new wire s communication facilities. such as P S systems and specialized mobile radio services. and the need for a greater umber oftbese facilities to be 10 ed throughout service areas; and with the passage of the Telecommunications t of 1996. Staff determined immediate need to establish zoning regulations for wireless communication acilities. Amendments this ordinance may be necessary to reflect industry changes. 1996 Act changes and y future court inte tations of the Act. The draft ordinance covers the planning permit requirements for all wi less communic 'on facilities, basic develop regulations for satellite dish antennas. design review criteria and C criteria for ireless communication facilities. standards for monopoles and lattice towers. application requi men maintenance/facility removal agreement, and registration of wireless communication providers. e draft ordinance is based on staffs extensive research of other city ordinances and interviews with wireless mmunication services providers. Ms. Cirelli showed overheads of the different types of antennas an ocat ns. She concluded her presentation and recommended approval of the project. Cm. Musser was surprised t no one was here on the project. Cm. Musser asked if the telecommunica . on providers were Ms. Cirelli stated that she worked . telecommunication provers and that she has copies of ordinances they have given her. One carrier did ake comments on a previous d Ms. Cirelli stated that i a provider currently had a wireless communicatio project within the City, they may have been here this e ening. Dublin has not been inundated with project ap ications because there is not a lot of office building de lopments within the City. ked, if the School District could charge a fee if an antenna is place Ms. Cire I responded yes; a leasing fee. . ohnson asked about how residential areas with antennas in their back yard were treat d. Regulm Meeting [4-28 pcmi] 41 Apri128,1998 ;l () qf;1/ Gary Balsdon Project Consultant 1100 Lincoln Ave., #13 Walnut Creek. CA 94596 (510) 280-4561 FAX (510) 943-7699 . April 27, 1998 Planning Commission City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: PA 98~029 URBAN OPPORTUNITY AREA ~ GENERAL PLAN AMENDMENT Dear Corrur.issioners, We recently received a copy of a letter, dated April 14, 1998, infonning property owners of affe.cted properties of a pending Planning Commission Hearing scheduled for April 14 and held ~ver to April 28 for the pmposes of hearing from property owners. I have been doing this type of planning for over thirty years and have never beard of a process so blatantly biased and with such total lack of regard for due process. . My client has always been willing to meet and discuss the various possibilities with staff or any commission the city chooses. We fail to see the need to rush this amendment and, frankly, do not understaI::id hew the CEQA process can be eliminated for such a major change to the City's General Plan. Vle hereby, respectfully request a continuance of the planning process so we and all property owners may have an opportunity to meet with staff and"find out who is behind this initiative and the corresponding directives and rationale. Planning someonets property in a vacuum hardly seems fair and is probably contrary to the State Map Act and general fairness doctrine. S/7IY, /J ~~ //L 1~af'rdOn ;/ ;; COD\': Mavor Houston . - City Council Bob Jih/ Annie Su Tony Fields/Russ Fields Manual Machado John Machad8 Scott Machado Jeff Wiedemann Robert Nielson Perry DavillaITony Davilla T om Van V oarhis . EXlUBIT 4 . . \ ~~~\~ cP~<::>~ ,,":- i (,0 Ob ,,- Z...,<:>; ~'r- -" ..:..." ,,":"' (,0' ';- "'j / _____' '7/ ~ .......~ ) co m '- <( ;:: " E OJ CI. .2.. ;:: c c: '" E .2 ,,- " co.... E ;;; '2 c.. CI. " co:E 0 co co c: ~ ;;;..... a; 0; " " .. CD co .., .=- " -0 " ;::0 " c c .E CI. .....- :0 .. '" <(a.. 0 l5 ., .E 0 c ... ~'E .... c .. ., .., ... .E CI. >0-0 " : E ~ .. i_ 0 .<: mCl. 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