Loading...
HomeMy WebLinkAboutAttachmt 6 City Council Mtg Minutes 10-16-2007 Minutes of the city council Of the City of Dublin' REGULAR MEETING - OCTOBER 16, 2007 CLOSED SESSION Silent Roll Call: Councilmembers Hildenbrand, Oravetz, Shanti, Scholz, and Mayor Lockhart present. A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code section 54956.8 Property: APN 941-1560-007-01 City Negotiator: City Manager Richard Ambrose; Ec(}nomic Development Director Chris Foss Negotiating parties: Advanced Computer Technologie~, Inc., dba All Video Repair (William Barnett or Tricia Leckler); Finishmaster, Inc.. (Tom Eastland or Greg Calhoun); Ultimate Home Solutions (Andrew Hunter or Joe Bolin); Consignment & More (Simin or Hermin Lalefar); Chef's Touch Catering (Stephen Orgain); U.S. Bank (Julie Schmidt) Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code section 54956.9, subdivision c (5 potential cases) 3. CONFERENCE WITH LEGAL COUNSEL - EXISTI"lG LITIGATION Government Code section 54956.9, subdivision a City of Dublin v. Ralph Gil, et ai, Alameda Superior Court No. VG05241773 4. CONFERENCE WITH LEGAL COUNSEL - ANTIC][P A TED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9, subdivision c (one potential case) -DroppedfromAgenda .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 423 Attachment 6 Cm. Sbranti stated he found the information interesting, citing the low use of Section 8 Vouchers in the City of Dublin. Mayor Lockhart spoke in support of the information. The City Council received the report. .. Review of the General Plan and Eastern Dublin Specific Plan Amendment Study to Create Medium-Low Density and Medium-Mid Density Land Use Designations for the Portion of the Croak, Jordan and Chen properties with an Existing Medium Density Land Use Desie:nation. 7:40 p.m. 7.4 (410-20) Senior Planner Jeff Baker presented the Staff Report and advised that during a previous Strategic Planning Session the City Council discussed be existing General Plan and Specific Plan Residential Land Use Designations within the City regarding densities and the need for a variety of housing types. He included the follow-up direction for Staff to study a General Plan and Eastern Dublin Specific Plan Amendment to create new medium-low density and medium-mid density residential 'and use designations for land with an existing medium density land use designation, citing the Croak, Jordan and Chen properties, located within the Fallon Village Center. Senior Planner Baker clarified that the entire residential portion of the Chen property consist~; of 6.5 acres with a medium- high density land use designation and the Jordan property includes 21.8 acres of land with a medium-high density designation that have not been included in the analysis. He concluded his presentation with existing land use designltions, the proposed land use designations and an analysis of the proposed densities, including potential housing types, stating that the proposed density would not require additional EIR review. Cm. Sbranti asked if a developer designated a part of the :Jfoperty as open space, would all of the units then be built on the remaining property? DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 431 Senior Planner Jeff Baker responded on ratio entitlements, cItmg the method of calculating development density is on the gross area of thE parcel, so that would exclude things like open space requirements or a creek and creates a smaller building area, so the product type is actually constructed at a higher density. H~ stated projects are developed at the density according to the entire acreage of the site. The gross acreage calculation is really intended to help facilitate and encourage preservation of protected or sensitive areas. City Manager Richard Ambrose asked how density wouIe be calculated if a developer wanted more open or common space? Senior Planner Jeff Baker responded it would be analyzed, but would still fall under the gross density and the developable area would be where the units are going to be so you could potentially end up with a slightly more dense product then if you didn't have any open or common space on site. Cm. Sbranti stated he understands the density is factored us:ng the gross acreage. Mayor Lockhart requested clarification of potentially calculating density on net acreage, using an example of developing 20 units on ten acres (gro~;s density) versus 20 acres on five acres (net density). She asked why the density is not cdculated using the developable land instead of the entire property? City Attorney Elizabeth Silver responded that at the level the General Plan and Specific Plan were done in 1993 that information was not available, as you get down to the more refined planning levels, you have that information. Mayor Lockhart asked if the General Plan could be changed now? City Manager Richard Ambrose stated that if he understands Council comments, the question is could you change the General Plan so that you bave a policy that specifies that density is based on the net developable acreage? Mayor Lockhart responded yes. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 432 Vm. Hildenbrand responded that is how some developers get around the density requirements; they build up because they have some areas they cannot build on. Common space is provided, but building up defeats the purposes of e~;tablishing density ranges. City Manager Ambrose asked if the goal of the Council i 3 to create homes with private yard space? Senior Planner Baker responded that in the proposed definition for medium-low density, a requirement is included to provide usable open space or private yard space. He stated language defining yard area could be included in the Specific Plan to help address the issue of private yard spaces. Mayor Lockhart asked if the density would be denser to accommodate private yard space? Senior Planner Baker responded that could happen but the developer would still be restricted by density range? City Manager Ambrose asked about townhome density ra:ios and Senior Planner Baker responded townhomes are in the medium-mid density, the higher end of the medium density range. City Manager Ambrose asked if the 6 - 10 density range absolutely precludes any multi- family attached housing. Senior Planner Baker responded you could have an attached product, as long as it has a private yard, but not a stacked product. City Manager Ambrose responded that if the goal of the Council is to make certain that development within that density has a private yard, that Stal' would have to put together a General Plan Amendment that accomplishes that. Vm. Hildenbrand responded that it is her understanding that is what the medium-low density is providing, but would have to be specified if tha: is made a requirement in the medium-mid density range. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16, 2007 PAGE 433 City Manager Ambrose stated he still thinks there is a gross versus net issue, depending on how the developer approaches that. He indicated they might provide more common space that is not required to be open space and asked Coundl to keep in mind that a lot of the open space the City has, is environmentally sensitive areas that developers cannot use anyway and if you want to make certain you will end up with the product you hope you're going to get, I think we need to look at that more closely md make sure that is what we bring back to you in the General Plan Amendment. City Attorney Elizabeth Silver recommended that level of detail be included In the Specific Plan but not in the General Plan. Mayor Lockhart stated this might be the last opportunity to offer more units with back yards. She spoke on concerns regarding giving developers development credit for land they cannot build on and allowing them to take that number and transpose it on a smaller space. She used the example of six units per acre being six units on ~ acre if half of the acreage is not usable. Cm. Sbranti commented on the importance of calculating gross versus net density, particularly in the medium-low density. Councilmembers discussed density ranges and transition from the more intense mixed use and medium-high density residential uses to medium-low density uses. City Manager recapped that Council supports the medium-mid and medium-low land use designations as proposed by Staff and prefers net denslty calculation to drive lower density in both categories and require a yard in the medium-low density range. Mr. Croak spoke on concerns relating to the development of the Croak property, citing complexity of planning the 42 units that would be included in the med-low density, requested an exemption, and requested Stage 2 Planning Process for the Croak property be considered. Vm. Hildenbrand clarified the Croak property propos,~d medium-low density and medium-mid density total 104 units and referred to correspondence received from Jordan property owners in support. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 434 Cm. Oravetz commented on considering Mr. Croak's reqw:st for an exemption and Stage 2 Planning, citing the topography of his property. Mayor Lockhart spoke on the priority of planning the entire community and providing residents backyards and a range of housing. She spoke i:1 opposition to exempting the Croak Property. Vm. Hildenbrand spoke in opposition to exempting the Croak Property. City Manager Ambrose recommended making density rang'~s part of the General Plan and commented on providing the development community direction. On motion of Cm. Scholz, seconded by Cm. Sbranti, and by a majority vote with Cm. Oravetz voting no, the City Council directed Staff to proceed with preparation of a General Plan/Eastem Dublin Specific Plan Amendment that would split the current medium density designation into medium-mid and medium-low; and for both designations of the properties identified in the Staff Report, that the densities be based on the net acreage and that yards would be required for the medium-low category. NEW BUSINESS 8.1 and 8.2 heard concurrently. Approval of First Amendment to Recreational Use IJcense Agreement with the Alameda County Flood Control and Water Conservation District (Zone 7) 8:35p.m. 8.1 (600-40) Approval of First Amendment to Access and Maintenanee Agreement with Tassajara Creek Maintenance Association for Landscape Maintenance of Creek Parcels Owned by the Alameda County Flood Control and Water Conservation District (Zone 7) 8:35 p.m. 8.2 (600-30) DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 435