HomeMy WebLinkAboutPC Minutes 04-08-1996 Jt CC/PC Study Session
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Study Session
City Council and Planning Commission
Apri18, 1996
A special Study Session of the City of Dublin City Council and Pla.nning Commission was
held on Monday Apri18, 1996, in the Dublin Civic Center City Council Chambers. The
meeting was called to order at 7:00 by Mayor Houston.
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ROLL CALL
Present: Mayor Houston, Councilmembers Barnes, Burton, Moffitt, and Commissioners
Jennings, Geist, Johnson, Lockhart and Zika; Rich Ambrose, City Manager; Kathleen Faubian,
City Attorney; Eddie Peabody, Community Development Director; Carol Cirelli, Senior
Planner; Tasha Huston, Associate Planner; and Gaylene Burkett, Recording Secretary..
Absent: Councilmember Howard and Commissioner Zika
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PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Houston led the Council, Commission, Staff, and those present in the pledge of
allegiance to the flag.
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ADDITIONS OR REVISIONS TO THE AGENDA
None
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ORAL COMMUNICATIONS
None
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WRITTEN COMMUNICATIONS
None
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Joint Study Session 1 Apri18, 1996
[4-8 SSMI]
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PUBLIC HEARING
None
NEW OR UNFINISHED BUSINESS
9.1 Schaefer Ranch Study Session
Eddie Peabody, Community Development Director gave an outline of the project. He indicated the
Schaefer Ranch project would require an annexation to the City, a General Plan amendment and
detailed approval of zoning. He stated staff felt the study session would help the Applicant submit a
better application packet. He stated what would be asked from the City Council and Planning
Commission. He indicated no action would be taken at tonight's study session. He introduced the
Applicant, who made a brief presentation.
Jim Parsons, from PA Design Resources, indicated he was representing Schaefer Ranch, the Applicant.
He gave a history of the project. Mr. Parsons explained how the Schaefer Ranch project came about
and how they had arrived to this point. He indicated that there were 3 items on the agenda that would
be discussed tonight. 1) Provisions of Public Services, including fire service and schools; 2) Access to
other Western Dublin properties from the Schaefer Ranch project; and 3) Park land requirements and
ownership and maintenance of open space lands.
Tasha Huston, Associate Planner, gave a presentation using the overhead projector to show graphics of
the project. She outlined the three major issues, and asked the City Council and Planning Commission
for direction in addressing these issues.
Mayor Houston stated we would discuss the items in order. He asked the status of the discussions
with the school districts on the first issue. He stated there was no clarification to which district was
going to service the area.
Eddie Peabody stated as of the last discussion at the Planning Commission meeting, the Castrc~ Valley
school district preferred to have the property sta.y within their district and it was scheduled to be
discussed on April 17 at their board meeting.
Mayor Houston stated until the school districts agree on this issue, there was not a lot that could
happen with this at this time.
Mr. Parsons suggest both school districts meet at one time, and have the issue settled by the two school
boards, without having a court action or having the state board involved.
Mayor Houston stated he would like to see the kids go to Dublin schools.
Eddie Peabody stated given the location and existing roads to the project site, it would be difficult for
the kids to go to Castro Valley schools.
Cm. Moffatt asked Mr. Ambrose whose decision was it on which school district would service the
children.
Mr. Ambrose stated the City Council would have a political role, not a jurisdictional role. He stated a
condition would have to be placed on the project to provide additional school mitigation over and
above the state maximum required.
Joint Study Session 2 April 8, 1996
[4-8 SSMI]
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Cm. Moffatt stated if the Dublin school district could not service the area, would they have to work
with Castro Valley school district.
Cm. Burton stated that we should continue with talks with the understanding that something will be
resolved in the future.
Mayor Houston asked if anyone in the audience would like to address the school district issue.
There was no response from the audience.
Mayor Houston again stated he would like the area to be serviced by the Dublin school district.
There was general consensus that the council preferred the project be serviced by the Dublin school
district.
Mayor Houston moved to the ne~t topic of Fire and Public Safety. The question was, are the proposed
measures to mitigate fire emergency and medical response appropriate to the City? He asked the Fire
Chief for his comments.
Chief Diekman indicated that this project was not large enough to support a new fire station.
Although the area still needs service, DRFA had worked with the developer in resolving some issues.
One issue was the response to wild land incidents. The developer suggested placing barriers around
the project. He felt this mitigated the concern. Also, the developer was willing to upgrade one of the
fire trucks to handle the issue. Also, each structure would have a fire sprinkler system. They also
agreed to place a central station alarm system, in addition to smoke alaxms, etc. Medical response was
also an issue, and DRFA was in the process of joining with other agencies in improving the response
time. If there was a good public emergency education program, this would help the residents in that
area understand the response time issues.
Cm. Moffatt asked if the open space land was to become part of the East Bay system, would EBRPD
have the facilities to handle the area and fight wildfire.
Chief Diekman, stated EBRPD had some fire protection. They will have helicopter services available
that can be drawn on, and this has been used in the past. Those services are controversial now, but it
can be worked out.
Cm. Burton asked about the wiring for the fire sprinklers, would they be hard wired?
Chief Diekman stated it was a c~ntral station monitoring. There was an off site monitor located at a
central service sta.tion. There is a private alarm company who monitor 24 hours per day vs. the fire
station which could not offer 24 hours of monitoring. Additional future projects would share in the
cost for additional facilities that may be brought into that area.
Cm. Barnes stated she wanted to hear more on the medical response times.
Chief Diekman stated this was an issue, and he proposed a good community education program, to
teach people to ca11 for help sooner, and let people know when they move in that area that they have to
take some personal responsibility. The response time would be 6-8 minutes, compared to Dublin's 3-4
minutes, and the County's 10 minute response times. This would be comparable to living in the
outskirts of Alameda County.
Cm. Lockhart asked about the City's liability on the extended response times.
Joint Study Session 3 Apri18, 1996
[4-8 SSMI]
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Kit Faubion, from the City Attorney's, office stated when the Council considers providing mitigations
that are a reasonable response to a particular issue, then the City would not be liable. She stated that
when someone lives in the country, personal responsibility is necessary, as long as the mitigation
issues are handled reasonably.
Zev Kahn, Dublin resident, had some concerns on payment for the alarm monitoring. Would it be
through homeowner's dues?
Chief Diekman stated it would not be the City's responsibility, but probably left up the homeowner.
Mr. Kahn stated that if left to the homeowner, families would cut the alarm monitoring service out.
What would happen with the sale of property, what if the new owners did not keep the service? He
had concerns on the response times. He asked if the notification of hazards in a community have
changed in the last several years.
Ms. Huston stated the EIR states that this development would have notification to the new home
buyers.
Ms. Faubion stated that was what the CC&R's were for; they provide notice to the owner along with
the deed.
Mr. Kahn stated that if the CC&R's were presented at the time of sale, that was too late. He stated
helicopters were for transportation only, the emergency care would be provided by paramedics arriving
by vehicle.
Mayor Houston stated by real estate law, the CC&R's are presented 15 days before the final sale.
There were several ways to inform the homeowners of various items that pertain to the development.
He stated the lender usually wants to see the CC&R's before funding.
Ms. Faubion stated CC&R's are private arrangements between property owners. The difference would
be a condition of approval and EIR mitigation backing it up. Usually if there is a price tag attached to
a condition, and they are all listed in the financial area of the CC&R's, people would be more apt to
read it.
Cm. Barnes asked who pays for the alarm, if it is in the CC&R's that alarm monitoring is required.
The response to Cm. Barnes question was it may come out of the homeowners association dues.
Cm. Jennings asked what Mr. Parsons would be paying for with the DRFA's $600 per unit fee.
Chief Diekman stated that DRFA currently has a fire developer fee. This cost goes towards the
development paying their fair share of a future fire station.
Mr. Parsons stated fire safety has been a major concern from day one. They have worked closely with
DRFA in making this project the safest in the City. The fire alarm would be a standard feature in the
home, and paid for by the homeowners association. Medical response time is calculated from the
station to the farthest point in the subdivision. One point that came up, was the need to straighten the
road out so that the emergency vehicles could drive more safely up to the site.
Mark Houle, Director of Alameda County Operations for American Medical Response West (AMR),
stated they were the County transport provider to all 911 medical emergencies along with the fire
department. He felt that the greater portion of the development would be within the allocated response
time of 10 minutes. The fire deparhnent is training their staff to that of a first paramedics leve~ Any
Joint Study Session 4 April 8, 1996
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development on the outskirts of the central population will get a slower response than those in the
center of the City. They have talked with the developer on possibly moving their ambulance company.
It was a difficult process to relocate a station.
Cm. Lockhart asked how many responses did they have a year in Dublin.
Mr. Houle stated that there was some studies done, and he could forward the information, also
showing anticipated response times to the area. He stated a majority of their responses were with the
fire deparhnent.
Chief Diekman stated he was pleased with their relationship with AMR. Although, they were only
activated when they were needed. The ambulance company is outside the control of the City, and
there was no control over employees or location changes.
Cm. Moffatt asked if DRFA would be training paramedics, and would they have the paramedic along
on their truck.
Chief Diekman stated, yes, they will have first response medical training.
Cm. Moffatt asked if the alartn system would be part of an assessment district.
Chief Diekman stated that would probably be handled through the homeowner association, and the
insurance companies would have a say in how this development was handled.
Mayor Houston stated that due to the fires in the Oakland hills, houses are being built differently, and
more efficiently because of what they have learned from that disaster. He stated that, backed up by the
City, there should be something that the homeowner signs stating they are aware of what they are
getting themselves in to.
Cm. Barnes stated that when she moved into Dublin, her insurance went down because this is such a
good area.
Cm. Moffatt asked if there would be hydrants in the project.
Chief Diekman stated yes.
Rob Yohai an owner of Schaefer Ranch, agreed with Doctor Kahn. He stated that there would be
provisions that these fire mitigations were not an option, but a requirement of the developer. He stated
they would work with DRFA in ~ublic awareness, by having basic life support and advanced life
support on each fire truck that responded. He stated this would be a very safe project. He felt a
disclosure of every item would not be a problem.
Mayor Houston stated it could be designed so that people would understand what they were getting
into when they buy in this development. They could work with the City Attorney in developing a
document that addressed the issues.
Cm. Moffatt asked if the fire hydrants would be using recycled water.
Rob Yohai said it would not be recycled water, although it would be cheaper if they did.
Mayor Houston moved on to item number 2, Access to other Western Dublin Properties. He asked
staff if the roads were to be made real roads out to reach property lines, would that effect the EIR.
Joint Study Session 5 April 8, 1996
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Mr. Peabody stated in his opinion no, because there has not been any development approved on
adjacent properties. He stated there are no general plan designations. He stated that stubbing a road
out to the property line does not necessarily mean they would be connected. We would look at that, if
it were the direction of the City Council and Planning Commission.
Mayor Houston stated existing easements would have to be retained. What can we expect, are there
going to be any changes? ~
Ms. Huston stated that what was now existing were easements to the Fields and the Machado
properties, which must be retained by law and they could not be landlocked. The project was
proposing to provide the paved roads to serve the units in the project. She stated that beyond the units
there would be some type of gravel surface for EVA.
Mayor Houston stated stubbing the roads out would cause problems. He felt this project should stand
alone. He felt that if they were to be serviced, it would come from the Castro Valley area.
Cm. Burton agreed this project should stand alone. However, there should be the ability for future
development if it should go that way. Not to say that it will, but the provision should be made. He felt
the road should go to the property lines.
Cm. Moffatt asked Mr. Peabody what stubbing out meant.
Eddie Peabody sta.ted you would carry the roadway to the property line so that it could be used by
other properties. There were a number of ways to either provide or prevent access now, which could
limit our options in the future.
Cm. Johnson asked to see the Open Space Land exhibit on a transparency.
Tasha Huston put up a transparency of the Open Space Land.
Cm. Johnson questioned if the road going north on H Court, is the location of the easement for the
Northern exit?
Mr. Parsons explained where the easement would be and that it would provide an EVA to the property
to the North. He also stated that there would be a gravel road there. He stated there would be an
emergency vehicle access going out to the East, there was one proposed going to the North and to the
West. He stated if there was development to the West, that the primary access would come from Eden
Canyon and it would connect back to Schaefer Ranch through the EVA's.
Cm. Johnson asked if the extension of Dublin Boulevard becomes Schaefer Ranch Lane? He asked if
the two lots beyond the cul-de-sac would have a private driveway to the west?
Mr. Parsons stated yes and that they had to provide fire department turn arounds and there was a 60
foot wide easement coming off the end of the cul-de-sac that goes down to the property line and hits
the existing 60 foot wide easement. He stated it also serves as a driveway. He stated that the
perception was that Schaefer Ranch was cutting off 3000 acres, however it was not. There is access
from Skyline Road from the East. There was access to the other properties frorn other sides of their
properties.
Cm. Johnson stated he wanted to see Dublin Boulevard. extended to Eden Canyon and that an
EastlWest access to the City was needed. He stated if the freeway was to back up, another alternate
route other than the super highway was needed.
7oint Study Session Aprii 8, 1996
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Mr. Parsons stated Dublin Boulevard. would be extended to Schaefer Ranch Road which goes under
the freeway.
Cm. Geist asked if Schaefer Ranch Road did go through as proposed, how difficult would it be for it to
become a public road in the future.
Mr. Peabody stated that would be addressed at the Planned Development stage.
Marjorie LaBar, 11707 Juarez Lane, disagreed with Mr. Peabody regarding the repercussions of
stubbing out roads. She stated that the community spoke clearly that the community did not want
massive development in that area. She stated folks were working with the Schaefer family on dealing
what could be done to address some major issues. Extending Dublin Boulevard defeats 85% of what
these folks have tried to do. This project does not meet the kind of goal to open up that area again.
Schaefer has designed a self-controlled project and has done a lot of work to address the needs of the
community and the City. She would like see the roads left alone.
John Anderson, 11174 Brittany Lane, asked who paid for the extension of Dublin Boulevard?
Mayor Houston stated the developer pays for it.
Mr. Anderson asked if everyone would still have access to their properties.
Mayor Houston stated yes.
Tony Field, 22084 Eden Canyon Road, stated his easement has been there for many years. There used
to be five entrances to his property, the highway went through and took three of the entrances and
when the freeway was put in, it took the remaining two entrances. The reason the easement was there
was so that they could get to their property. He stated he was not going to quit-claim the easement.
He stated he would know more in a week, as they were working with attorneys in assessing the
situation.
Mayor Houston agreed the integrity of the easements would have to remain.
Gary Balsdon, representing some of the ranchers in the Western Dublin area, explained the reasons for
the EVA. He stated all of the ranchers have been there since 1930 or so, and the City asked them to be
included in the sphere of influence. If the City approved Schaefer Ranch, they would be making a
policy statement. These ranchers need public dedicated access to the west and to the north.
Mayor Houston supported the project as designed with the EVA's and not roads stubbed to the
property lines.
Cm. Moffatt reminded City Council Members and Planning Commissioners that there was a
referendum on development in the Western Hill. He also stated the 10 people up here represent the
City, and speak for the City folks. He felt that with the Schaefer Plan, the developer did their
homework, and a majority of the Dublin citizens would welcome this type of project. He noted the
purpose of the Study Session was not to make any decisions, but to give Staff direction whether
processing of the project should move ahead. He felt that with easements remaining in place, he
recommended Staff move ahead.
Cm. Lockhart agreed with Cm. Moffatt. He supported the project and noted Schaefer applicants
worked well with the community and felt it was a good project.
Cm. Geist stated she had nothing to add that had not already been said.
Joint Study Session April 8, 1996
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Cm. Jennings complimented Mr. Balsdon on the points he made, and questioned whether applicants
would work with Mr. Fields to discuss issues. This was confirmed.
Cm. Burton asked if Schaefer Ranch Lane was a City street?
Mr. Thompson, Director of Public Works, stated the City Council could accept whatever they wanted.
This would come in as a Planned Development which allows standards to be set at that time. Mr.
Thompson noted the street would be 60' right of way which is wide enough for a street to be put in
later.
Cm. Burton stated he supported the project.
Cm. Johnson supported the project.
Cm. Barnes supported the project.
Mayor Houston asked for a sum~nary of the third issue: Park Land requirements and ownership and
maintenance of Schaefer Ranch open Space lands.
Ms. Lowart stated the project would be required to dedicate approximately 7.6 acres of park land. She
gave the breakdown of the parks. She stated staff would ask to include a public neighborhood park.
This project would be subject to the new public utilities fees, and it would have to be recalculated
based on the new population to the city.
Mr. Parsons stated their design was based on no cost to the City, making the parks private, under the
direction of the Hom~owner Association. As the project progressed, there have been different options
proposed to meet the needs of flat areas, but to meet the 5-7 acres park requirement, would be diffieult.
They would look to expand the basketball areas and tot lot area.
Cm. Burton felt they could get 5-7 acres of flat land within the development.
Mr. Parsons stated the previous EIR had a constraint map, and they have tried to work within those
constraints.
Ms. Lowart stated when the standards were put together for parks, the cost of maintaining the parks
was a factor. Smaller parks were more costly for the City to maintain.
Mayor Houston stated that a lot of our standards were geared toward Eastern Dublin, and we should be
flexible in applying the standards to this project.
Cm. Moffatt stated that in other areas such as Berkeley, many of the parks were not flat with multiple
kinds of topography and they were used a lot. He agreed with Mayor Houston and felt we should be
flexible.
Ms. Lowart stated that the Western Dublin projects should not impact the existing Dublin facilities,
because those facilities were exceeded to the limit.
Cm. Burton felt that we were all in Dublin, and people should be allowed to use all the facilities.
Ms. Lowart stated that the City did have a policy that all new development pay their own way.
Joint Study Session April 8, 1996
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Cm. Barnes felt the project should provide public neighbor parks on site. She felt large usable type of
facilities were necessary. She felt a tot lot and basketball hoops near homes, does not cut it. She
stated 5-7 acres of good parks should be required.
Dr. Kahn commented Donlan park was not flat. It was multi-tiered with basket balls and tot lots
combined, however it does not allow hit balls. It was a 5 acre park, and might not be big enough.
Marjorie LaBar suggested that we give the developer some time to come back with some community
park facilities. She felt there should be some public facilities in that area.
Tom Ford, 7262 Tina Place, felt that parks were important. He felt it was an excellent project, but felt
the parks needed to be addressed.
Mayor Houston stated that there was a willingness of the Applicant to work on this park issue. He
suggested that it may have to be modified from the Parks and Recreation Master Plan. Mayor Houston
stated that if the improvements were provided, the developer should be eligible for a credit towards
the reduction in the community parks land component of the public facilities fee.
Cm. Burton stated it was important that we stay consistent. They have to meet our goals and
standards.
The consensus of the City Council and Planning Commission was to stay consistent, but also allow
some flexibility from the Parks and Recreation Master Plan Standards for the Western hills.
Mayor Houston moved on to Ownership and Maintenance of 161 acres public open space for
dedication of a regional park.
Linda Chavez, East Bay Regional Parks District, staxed the Park District did have a regional trail that
connects Las Trampas to Pleasantori ridge. This project offers the prospect of providing the link to
that trail. The District may take the open space, but it would come under the Zone of Benefit. On
April 16, the Board will vote on accepting the K& B project open space.
Mayor Houston stated the two components would be the trail, and Zone of Benefit.
Ms. Chavez explained how the Zone of Benefit worked. She stated the District was interested in the
open space. They want to pursue a trail corridor for this area, and wide open space in the region.
Cm. Moffatt asked about the Zone of Benefit. Would it be for the immediate area.
Ms. Chavez stated yes. Both projects would have a regional corridor with trails, and have open space.
She stated they would have to work with the developer in setting up the fee and do a study. All Dublin
residents are paying a fee now, but when this project and K& B are approved, they will be paying an
additional cost. The cost could vary, but approximately $35 per unit. For the K& B project, t~iey are
proposing a$24 per unit fee.
Cm. Burton asked how the fees were determined?
Ms. Chavez stated it depended on how much fencing there would be, how much of the local trails and
infrastructure needed to be maintained. She stated it is determined on actual costs and park personnel.
Mayor Houston stated that he does not want the City to own or maintain the open space. It either has
to be EBRPD or a homeowners association. There was a consensus on this issue. He asked if there
was any other issues that needed to be addressed at this time. Hearing none, he adjourned the meeting.
Joint Study Session 9 Apri18, 1996
[4-8 SSMI]
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.A DJOURNMENT
The meeting was adjourned at 10:00 p.m.
Respectfully submitted,
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Planning Commissi Chairperson
AT~'.~ST:
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/ Community evelopmen Dire tor
Joint Study Session 1 O April 8, 1996
[4-8 SSMI]