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HomeMy WebLinkAboutAttachmt 4 City Council Mtg Minutes 4/3/07 MINUTES OF THE. crn COUNCIL OF THE. Crn' OF DUBLIN REGULAR MEETING -APRIl. S. 2007 CLOSED SESSION A closed session was held at 6:48 p.m., regarding: L CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: 11759 Dublin Blvd. (Dublin Square Shopping Center) City Negotiator: City Manager Negotiating parties: City of Dublin; Berkeley Land Company, Inc., a California Corporation Under negotiation: Price and terms of payment .. A regular meeting of the Dublin City Council was held on Tuesday, April 3,2007, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. .. ROLL CALL PRESENf: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart. ABSENf: None . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Cou:1cil, Staff and those present. .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 118 Attachment 4 Linda Mandolini, Executive Director of Eden Housing, thanked the Council and Staff for efforts in negotiations. The Housing Authority was going to select Overland Pacific and Cutler as the relocation specialists for this project. Eden Housing had worked with them on previous projects, including one in which they relocated 150 seniors, and had done a wonderful job. There would be two meetings with the residents and surrounding residents on April 24 to discuss the development of Arroyo Vista. Mayor Lockhart stated that outreach to the surrounding neighbors was very important since they would be curious about the project, as well as the fact that there would be an increase in units. Assistant City Manager Pattillo stated that during the RFQ process, Eden Housing, as well as Citation, noted the importance of viewing this as a community project and involving the surrounding neighbors. Eden had been involved in tough projects where at the end; everyone in the community was celebrating the project. On motion of Cm. Oravetz, seconded by Cm. Scholz anc. by unanimous vote, the City Council 1) Authorized the Mayor to sign the ENRA on b<~half of the City of Dublin; 2) Directed Staff to include a reserve in the Inclusionary Zoning In Lieu Fee Fund for a future loan of $1,500,000 as a low interest loan to Eden Housing for the affordable rental units; and 3) Directed Staff to include an appropriation from the Inclusionary Zoning In Lieu Fee Fund in the amount of $250,000 for Transactional Cost in the Fiscal Year 2007-2008 Budget. . NEW BUSINESS Review of General Plan and Specific Plan Residential Land Use Designations for Prope:tiies Generally East of Dougherty Road and Including the East Dublin Spc~ific Plan Area 7:53 p.m. 8.1 (410-20) Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would consider providing Staff with direction regarding current residential land use policies and future residential development for the properties generally located to the east of Dougherty Road and included in the Eastern Dublin Specific Plan Area. DUBLIN CITY COUNCIL MINlUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 126 . Council and Staff discussed the number of residents, 60,000 to 70,000, estimated in the City's original environmental plan and whether changing the number of residents now would affect financial prognostications for the City. W:ith unexpected decreases and increases in number of units of developments, the numbers had stayed pretty much on target. The City was very close to mid-point resident numbers, taking into account developable land and environmental constraints, and tracking pretty close to medium density. Mr. Milton Righettti, Dublin land owner/developer, commented on working with the City and the need for cooperation of neighboring land owners. Aside from City regulations, he had difficulty in coming to any agreement with the neighboring property owner with respect to access to the property in a place where the City would like the access located. He was unable to get secondary access t::> his property. He urged the Council to stick with the present PD- 2 process. Mayor Lockhart commented that the Council needed t,;) consider the infrastructure needs of the City in relation to funding provided by development, and with less development, the City would need to come up with more money for infrastructure. She understood how this issue had come out of a previous Council workshop in talking about density levels, but she did not believe there was a tremendous amount of support at the time of the workshop for this issue. She did not want to change the rules if people had been working on plans with the City and had spent money already. The City had a commitment to follow-through with them based on what the rules were now and what they had already brought to th(~ City. Vm. Hildenbrand stated she had brought the density issue forward at the Council workshop because, on a consistent basis, she had heard from residents that there was only a limited amount of housing stock that allowed them to grow. They had a choice to purchase a condominium or townhome or they could move some place else, and they chose to move elsewhere. The City was missing a balance of housing. The commitment to the residents was to have less density housing as you moved away from the freeways, but the development communi1y consistently brought deme housing before the Council. Mayor Lockhart asked how many Dublin residents, that could afford a townhome, would be able to afford single-family housing. Vm. Hildenbrand stated that there were a variety of single-family homes, such as cluster or row homes that compared. and were just as interesting to people that were in the same price range as condominiums. The City was not providing an opportunity for people to grow. When this issue was brought up at the Council workshop, there was a consensus DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 127 (f) to look at the issue of density. The Council had a commit.ment to its residents to balance the housing. The developers came before the Council with condominiums and townhomes and would say that was all they could provide in the project in order to make ends meet. The City did not have the next-step homes for residents looking to move. Cm. Sbranti commented that the City had provided a good balance of housing. What was coming on-line was single-family or medium density housing. But what has been built now was near the freeway because there were not as many environmental constraints. A lot of what was zoned for higher density had been built, but now, the projects further out were going to be built and help bala.nce it out. He was willing to look at the concept of medium low density. He did not want to change the entire City development standards. Because the City had a Medium-High density category, he was willing to look at where it might be appropriate to create a Medium-Low density category, just for the level of consistency. There were not that many properties left in Dublin that would be affected by any changes made by Council. Vm. Hildenbrand reiterated that even with Medium dens:.ty, the Council would still see condominiums and townhomes where they were expectin,g to see single-family dwelling units. A Planning Commissioner had relayed to her that the Commission felt the train was out of the station so they felt that was the way the C01ffiCil wanted to move forward. She stated that may have been how the Council wanted ':0 move forward in 1993, but not now. Cm. Scholz asked if what Vm. Hildenbrand was supporting was not in conflict with what the Mayor had suggested could happen with infrastructure not getting built. Vm. Hildenbrand stated that if the Council went with Option B as outlined in the Staff Report, it would not be modifying the infrastructure so severely that Dublin Boulevard could not be built out as far as it needed to go. They could build cluster or row homes, or alley loaded homes. Cm. Oravetz stated he did not see the plan as being broken so he did not want to change it. Every Councilmember had a vote, and if Vm. Hildenbr'and did not like a project that came before Council, she could vote no and say she did not like it. If three Councilmembers voted no, the developer would have to revise that project. She did have a vote. The City had a long telnt financial plan, and if it was changed now, how would it affect that financial plan. If he had a choice, he would like to see single-story homes built in Dublin, but condominiums were what sold these days. If that was what sold in east Dublin, then that was what should be built. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 128 . Vm. Hildenbrand commented why should the City let a developer make a huge financial investment, then come before the Council and not have plans approved and have to have them revised. Why not make those changes before that developer made that huge investment. Two years ago the Planning Commission came before the Council at a workshop and asked why not take this opportunity to maybe change the setback and make some yards and at that time, she was the only one that supported the issue and it was voted down. City Attorney Silver clarified that that if a project came before the Council that needed a General Plan Amendment or a Specific Plan, the Council had total discretion to turn it down. But if the project was for a Stage 2 PD, for example, the Council had to have some reason for turning it down. If it was not within the density ranges or the zoning for the land use densities in the General Plan, then the Council could turn it down. But it was not going to get to the Council not being within the ranges. It might be at the low end or the high end, but when the Council adopted the C:~ty's General Plan and Specific Plan, the Council said the developers could come in at the low end or the high end. The point at which the Council had total discretion was at the General Plan and Specific Plan level. When you were below that, the Council could not arbitrarily turn someone down. The Council and Staff discussed what number of properties in Dublin were totally unplanned and which developers had not been working within the structure of the City's General Plan for eastern Dublin. Council was directed to a list in the Staff Report that detailed properties and acreage. There were foUJ~ properties that were totally unplanned now, Croak, Jordan, Camp Parks and Chen. In looking at the Medium density category acreage of these properties, it totaled approximately 57 acres of land that would be affected if changes were made by the Council. Camp Parks had other restrictions that would also affect its development. Cm. Sbranti stated that it was misleading to say that all the City had done was High density or Medium-High because the City had done a vai.ety, leaning toward, Medium, Medium-High and High only because in order to build, it was being done closer to the freeway. He was willing to look at the Medium-Low density category concept of getting more variety of Medium designations. He would .lsk Staff where they might recommend some of the Medium-Low designation. The (:conomic models of the future of the City were based on the J::astern Dublin Specific Plau. There had been changes in the plan due to environmental constraints that had sometimes increased density and sometimes lowered densities. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 129 ~ Vm. Hildenbrand stated that she was not saying the City was only building Medium- High. But what the Council was consistently seeing in Medium density designations was a majority of condominiums and townhomes. Focusing in on Medium where the City had an opportunity to provide small yards for activity, W8.S not being offered as often as the City was offering condominiums and townhomes in ]\1edium density housing. She was not saying change the land designations, but look at the possibility of getting more, small homes with yards so residents could move out of their apartments, townhomes or condominiums, and have a home of their own with a yard. Cm. Sbranti commented that a Medium-Low density category would achieve, at least conceptually, what Vm. Hildenbrand was suggesting. Mayor Lockhart stated that there were single-family homes in the City of Dublin that had big back yards. Vm. Hildenbrand stated that those older homes might need remodeling and with the money you had spent on purchasing the home, and then the money you would use to remodel, you could afford to buy a new single-family home outside of Dublin. The Council discussed the high number of condominiums on the market not only in Dublin, but in the State of California, due to the economy. Cm. Sbranti reiterated that looking at a density category of Medium-Low would achieve some of the detached housing options being suggested. By having a Medium, Medium- High and Medium-Low density it would achieve that. But there were not many properties that this would affect. Mayor Lockhart suggested looking at the few properties that were left in Dublin that were not in a planning process and ask if it made sense on that particular project, to zone it that way, when they first came in to speak to the City. Vm. Hildenbrand asked if the Council should give Staff direction to encourage more homes that were detached, single or cluster. Right now Staff was letting those developers come through and if it met the range, they were seeing more townhomes and apartments. Cm. Scholz asked if any of the options outlined in the Staff Report reflected what Vm. Hildenbrand was advocating. DUBLIN CITY COUNCIL MINlUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 130 . City Attorney Silver stated that in the City's General Plan, there was a description of the different types of residential densities, Single-Family, Medium, Medium-High, etc. The discussion had in part focused on creating a Medium-Low density category, taking a Medium density, which was 6.1 - 14 du/ acre, and splitting it up into two different categories. In the City's General Plan, the language said that the current range allowed detached, zero-lot line, duplex, townhomes and garden apartment developments suitable for family living and the Specific Plan contained similar language. So if the Council directed Staff to consider a new land use desi;~ation of Medium-Low, the Council could specify then the types of units allowable in that land use category and could achieve the same goal that Vm. Hildenbrand was suggesting. It could indicate that the homes had to be detached, for example. The Council had a lot of flexibility. The Council would have to amend the City's General Plan to create the new land use category and it now described what type of units were allowable, so you could do the same thing in the Medium-Low density category if the Council created it. Mayor Lockhart asked Staff how extensive a process it would be to amend the City's General Plan to add a category and a description of a category. City Attorney Silver replied that if the City amended the General Plan it would also have to amend the Eastern Dublin Specific Plan because the Specific Plan had to be consistent with the General Plan. It would require compliance with CEQA. Jeff Baker stated that both the General Plan and Specific Plan would have to be amended and would have to take a look at the Environmental Review. City Attorney Silver stated that the EIR for Eastern Dublin assumed the mid-point for its analysis and if the Council took the Medium density category and split it into two categories; you would basically be at the midpoint. Right now, half of the development could come in at the lower range and half at the higher h2.lf. So if you split the category in two, that is what would also happen. Cm. Sbranti stated that the City had a Medium-High density category, there was a Medium density category, but there was not a Medium-Low, so that would achieve getting more of the housing types and it would not change things too dramatically, and it would be worth looking at. City Manager Ambrose stated that the environmental revic~w that the City had today was based on Medium anyway, so there would not be any mort~ traffic impacts because there was Medium density, the Council would just be splitting the Medium density in two. It DUBLIN CITY COUNCIL MINlUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 131 (i) would still fall within the range of the number of units that had been originally evaluated as part of the environmental document. Mayor Lockhart reiterated her concern for not changing the rules on people that were already in the process of developing, at some stage. If there were properties that could be affected by a Medium-Low density category that the City could look at, if and when they ever did decide to plan, then she was fine with taking a look at it then. Cm.Oravetz made a motion to accept Option D, continue to implement the existing General Plan and Specific Plan. Without a second, the mo1ion was not considered. Cm. Sbranti made a motion to accept Option A, Prepare General Plan/Specific Plan Amendments to include two new land use designations including Medium-Low 96.1-10 du/acre) and Medium 00.1-14 du/acre). City Manager Ambrose asked for clarification from the Council as to what properties would be affected by this item. The Council and Staff discussed at what point of interaction with the City, and what properties, would be affected by this item. Narrowing down the properties would make it easier for developers to know what was expected before they come before the Council so the Council would not have to vote them down. Cm. Oravetz stated that he could vote no 'on any issue. City Attorney Silver stated that Cm. Oravetz could vote no:. and if there was a majority of the Council that denied an application that was consistent with the General Plan and the Specific Plan, the City Attorney would urge the Council to include findings as to why the Council was denying it. For example, it might be consistent with the density ranges in the General Plan and Specific Plan, but if there was some other General Plan policy with which it was not consistent, that would provide a basis for denying it. The Council concurred that Staff would go back and look at a category of Medium-Low for the Croak, Jordan and Chen properties, where th(:re was currently a Medium designation. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 132 (I) On motion of Cm. Sbranti, seconded by Vm. Hildenbrand and by majority vote (Cm. Oravetz opposed), the City Council directed Staff to prepare General Plan/Specific Plan Amendments to include two new land use designations in:::luding Medium-Low (6.1-10 du/ acre) and Medium (10.1-14 du/ acres) in relation to three properties, Croak, Jordan and Chen. . Request to Initiate a General Plan Amendment and Eastern Dublin Specific Plan Amendment Study to Modify the Existing Land Designations at 6960 Tassaiara Road, Commonly Referred to as the Fredrich Property 9:08 p.m. 8.2 (410-55/420-30) Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider a General Plan Amendment and Specific PIan Amendment Study request. Cm. Sbranti asked Staff if there was any other property with a neighborhood commercial designation once it was taken away from this property. Community Development Director Jeri Ram stated that there was some Agricultural zoned land along Tassajara Road that might come in fol' a change at some point and time, south of Silvera Ranch. It included a signalized intersection. The Council discussed the convenience of having a small store in that area because it would be a good opportunity. On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLlITION NO. 39 - 07 APPROVING TIIE INITIATION OF A GENERAL PLAN Al\iENDMENT AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY TO MODIFY TIIE EXISTING LAND USE DESIGNATIONS TO REDUCE TIIE DWELLING UNIT Dl~NSITY AND REMOVE TIIE NEIGHBORHOOD COMMERCIAL DESIGNATION FOR THE PROPERTY LOCATED AT 6960 TASSAJARA ROAD (APN 986-0004-002-03) PA 07-004 .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 133 .