HomeMy WebLinkAbout09-23-2003 PC MinutesCALL TO ORDER
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, September
23, 2003, in the Council Chambers located at 100 Civic Plaza. Chair Fasulkey called the meeting
to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Fasulkey, Nassar, King and Machtmes; Jeri Ram, Planning Manager;
Kit Faubion, Assistant City A.ttorney; Janet Harbin, Senior Planner; Michael Stella, Associate
Civil Engineer; and Maria Carrasco, Recording Secretary.
Absent: Cm. Jennings
ADDITIONS OR REVISIONS TO THE AGENDA - None
MINUTES OF PREVIOUS MEETINGS - September 9, 2003 minutes were approved as
submitted.
ORAL COMMUNICATION
Leslie Forsythe, resident of Dublin, has concerns with the stop sign at Peppertree and Juarez
Lane. The stop sign is obstructed by the shrubbery and parked cars.
Ms. Ram explained that her concern would be referred to the City Council.
WRITTEN COMMUNICATIONS - None
PUBLIC HEARINGS
8.1
PA 02-024 Pinn Brothers Fine Homes - Silveria Ranch Planned Development
Rezoning and Stage 2 Development Plan, Vesting Tentative Tract Map (Tract 7441)
and Site Development Review for approximately 93 acres, including
approximately 56 acres of permanent open space, for construction of 254
residential dwelling units located at 6615 and 6833 Tassajara Road.
Cm. Fasulkey asked for the staff report.
Ms. Harbin explained that Pinn Brothers Fine Homes has submitted a project application
consisting of a Planned Development Rezoning and Stage 2 Development Plan, Vesting
Tentative Tract Map and Site Development Review for multi-family and single-family homes on
approximately 93.4 acres of annexed properties located southeast and northeast of the
intersection of Tassajara Road and the future extension of Fallon Road. The 93.4 acres to be
developed include the Silveria and Haight properties, now known as the Silveria Ranch. The
remaining 10 acres of the original annexation area are owned by Robert Nielsen Jr., and are not
included in the proposed development. If the property owner of the parcel proposes to develop
the site in the future for a use other than agriculture, approval of a Planned Development
Rezoning and Stage 2 Development Plan will be required prior to development.
The homes would be clustered and constructed on approximately 36 acres of the 93.4-acre
project site in four phases, with 49.1 acres designated as permanent private open space under a
conservation easement, or other similar instrument, agreed to by the Applicant/Developer. The
remaining 8 acres lies south of Fallon Road adjacent to the rear yard areas of the single-family
and medium-density homes, and would remain as open space. The only permitted
development in the open space area will be a private trail and related facilities as shown on the
project plans, maintenance road and utility easements as shown on the Site Plan, and the Open
Space Plan for the project in the Development Plan. The Applicant/Developer intends to
construct 102 multi-family dwelling units or condominiums (The Villas), 73 single-family cluster
homes (The Manors), and 79 single-family homes (The Estates) on the site.
The Silveria Ranch properties are currently used for cattle grazing. There are a rural residence
and farm structures on the property, which will be removed as part of the development. The
surrounding land owners and uses include the Lin property to the east which is used primarily
as grazing land and is under City review for a proposed development; the Dublin Ranch
property which is being developed for residential use; and the Nielson property with a rural
residential home and agricultural use to the south. The Mission Peak Homes property to the
north is currently being used for cattle grazing, and may be considered for development in the
future. The western property boundary is defined by Tassajara Road, which serves as a
connection between Alameda County and Contra Costa County. The future extension of Fallon
Road divides the Silveria Ranch properties into two portions and is proposed to be extended to
Tassajara Road with the development.
This application has been reviewed by the applicable City Departments and agencies, and their
comments have been incorporated into the Stage 2 Development Plan and the conditions of
approval for the Vesting Tentative Tract Map and Site Development Review. The proposed
project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and Stage 1
Development Plan previously approved, and represents an appropriate and well-planned
project for the site. Ms. Harbin introduced Mark Rutherford, Architect for Dahlin Group.
Mr. Rutherford thanked Ms. Harbin for the thorough description of the project. He asked if the
Commission had any questions about the architecture of the project.
Cm. Fasulkey stated the Planning Commission would ask questions after his presentation.
Ms. Harbin read for the record Condition 98 that has changed stating the Applicant/Developer
shall pay "in lieu" fees at the rate in effect at the time of building permit issuance for each
remaining Inclusionary unit, or 13 units, required to meet the City's Inclusionary Ordinance
standard of affordable units in compliance with the City Council adopted Resolution or as
agreed to by the City Council.
Mr. Rutherford explained that he would show a PowerPoint animation presentation showing an
aerial of the area, the streetscape, elevations and architecture of the units for the Villas, the
Manors and the Estates.
Cm. King asked if some of the units would have a panoramic view of the valley.
Mr. Rutherford said some would have spectacular views of the valley.
Cm. King asked Mr. Rutherford if he is involved in the landscaping for the project.
Mr. Rutherford responded no.
Cm. King stated that some of the trees planned for the slopes would grow to be very high.
Cm. Fasulkey suggested that the landscape architect address that issue and for Mr. Rutherford
to address design issues.
Cm. Machtmes asked where the Estate homes would fall in relation to the ridgeline.
Mr. Rutherford stated on the backside of the ridgeline.
Cm. Nassar asked if some of the driveways are sloped.
Mr. Rutherford said some would of the driveways will have a slight bit of a slope because of the
grade there.
Cm. Fasulkey asked who would maintain the open space area.
Mr. Rutherford said the homeowners association would be responsible for the trails and the
open space area.
Cm. Fasulkey asked if the City takes any responsibility for the open space area.
Ms. Harbin said the City tries not to take responsibility for something that is the responsibility
of a homeowners association.
Cm. Fasulkey asked what if the homeowners association does not have the funds for
maintenance to those areas.
Mike Stella stated that on this particular project there would be Covenants Conditions &
Restrictions (CC&R's) recorded for the project. The State Department of Real Estate requires
that certain reserve funds be set aside for on-going maintenance activities for unforeseen
circumstances.
Cm. Fasulkey asked the pricing of the houses.
Alan Pinn from Pinn Brothers stated they have been building in the Bay Area for 30 years.
Their most recent project in the area is Tassajara Ridge, which also has a lot of open space.
Their homeowners association hired a consultant to monitor maintenance. The pricing of the
homes will range from the low $300,000 for the Villas, $500,000 for the Manors, and $600,000 for
the Estate homes.
Scott Foyer, Landscape Architect, stated he was available for questions.
Cm. King asked if the trees would block the scenic views.
Mr. Foyer stated that the trees are on the base of slope and the views of the hills will be blocked,
but the view of the valley out the front of the homes will not.
Cm. King stated that the plans indicate oak trees will be planted. The California coastal oak tree
can grow 70-80 feet tall, which could block scenic views.
Mr. Foyer stated in the condition that they are planted they will not achieve their maximum
height. That plant is on the preliminary list for the slope planning but there are other plants on
the list that would work just as well.
Cm. King recommended using that tree sparingly.
Mr. Foyer took note of the recommendation.
Cm. Fasulkey asked if there were any other questions or comments, hearing none he closed the
public hearing.
Cm. Nassar asked if cattle's grazing in that area was a concern.
Ms. Harbin responded it is not a concern. The site next to the Pinn Brothers site is zoned
agriculture, which allows cattle grazing.
Cm. Fasulkey stated there is not any language that specifies the City will take responsibility for
maintenance of the open space if the homeowners association fails to do so.
Kit Faubion stated Staff could add a condition stating that the City would take over
responsibility if the homeowner's association fails to maintain the area.
Cm. Fasulkey asked if the City would want to review the language of the homeowner's
association agreement.
Ms. Ram stated that the City always reviews the CC&R's to ensure conditions of approval are
implemented, but does not enforce them.
Ms. Harbin stated that on page 31 of the resolution, condition number 96 addresses the
homeowner's association requirements.
Cm. Fasulkey asked if there are conditions that address the vacant site adjacent to the Pinn site
that could have future development.
Ms. Harbin stated there isn't a condition of approval that addresses that issue; however
residents should be made aware by the realtor that the adjacent property may very well have
future development. The adjacent site has a General Plan designation of residential.
Ms. Ram stated Staff could add a condition to the Vesting Tentative Map that addresses that
issue.
Cm. King asked if the developer has to post a bond on the property during
development/construction.
Mr. Stella stated that there is a performance bond posted that is not released until it is
determined that the subdivision improvements are complete. It is with the understanding that
the developer will carry a maintenance bond for one year after the original performance bond is
released to guarantee against warranty defects.
Cm. King asked when the homeowners association is organized.
Mr. Stella stated the homeowner's association is formed before the first home is occupied.
Ms. Ram asked Mr. Stella at what point of the subdivision does the City Council accept the
improvements.
Mr. Stella stated it is usually toward the end of the construction. The City does not require the
developer to build homes. The City's obligation to the homeowners is to provide the public
streets and public utilities to serve those homes. If the streets and utilities are complete and the
homes are not yet constructed, the City would consider accepting those improvements but that
is the decision of the City Council.
Cm. Fasulkey asked for a motion.
Ms. Ram explained that the amendments to the conditions should be read into the record. The
City Attorney is currently drafting those amendments.
Cm. Machtmes complimented the design of the Estate neighborhoods and how the units
minimize the appearance of garages from the streetscape level. He would like to encourage
similar development projects in the future.
Ms. Faubion read for the record, the developer shall provide notice to residents through the CC&R's
that existing agricultural activities are adjacent to the project and may involve agricultural construction
activities and further that some adjacent properties are general planned for possible future residential
development.
On motion by Cm. King seconded by Cm. Nassar, with the revised condition 98 and the
additional condition of l18.a, by a vote of 4-0-1 with Cm. Jennings absent, the Planning
Commission unanimously approved
RESOLUTION NO. 03 - 47
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDNG THE CITY COUNCIL ADOPT THE ORDINANCE FOR PA 02-024
PLANNED DEVELOPMENT (PD) REZONING AND STAGE 2 DEVELOPMENT PLAN FOR
PINN BROTHERS FINE HOMES/SILVERIA RANCH
EAST OF TASSAJARA ROAD AT THE INTERSECTION OF FALLON ROAD
RESOLUTION NO. 03 - 48
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A VESTING TENTATIVE TRACT MAP 7441 AND
SITE DEVELOPMENT REVIEW
FOR PA 02-024 PINN BROTHERS HOMES, SILVERIA RANCH
TASSAJARA ROAD/FALLON ROAD
NEW OR UNFINISHED BUSINESS - None
OTHER BUSINESS (Commission/Staff Informational Only Reports)
Ms. Ram explained to the Commission that Staff has been wOrking on a Commissioner's Guide
to better help them in their role of Planning Commissioner.
AD|OURNMENT - The meeting was adjourned at 8:15 p.m.
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