PC 09/12/84 - Laserfiche WebLink

Commissioner Wilson stated that there were extensive hearings on this PUD. These hearings involved the developers and the surrounding property owners on Mirador, Abbie, etc. He is very surprised at the deviation from project approval and that this has happened. The City could come down hard on Cork Harbour but this wouldn't resolve the problems of the people who bought their homes. Some of these people have increased their area by 50% while others have smaller lots. He also expressed concern for the people on Mirador who were assured this development would be developed as approved. Commissioner Innes would like to know exactly what Cork Harbour said to prospective buyers when they purchased their homes in Old Towne as well as knowing what documents were given to them. Chairman Doherty wanted to know if when the people bought property in Old Towne they were advised in writing by the developer that a portion of their lots were undevelopable and had to remain open space. Commissioner Wilson indicated that this must be disclosed in the public report and/or CC&Rs. Mr. Harris stated that the City didn't review the CC&Rs because there is no common open space. Mr. Swift stated that the open space is on the final map and therefore is recorded. This should have been picked up in the title report and shown as an easement. Mr. Warnick asked Mr. Okamura to get the final map from the staff files to reconfirm that the open space was shown on it. This was done and the open space confirmed. The public hearing was opened. Jeff Lawrence, Cork Harbour, 2694 Bishop, Suite 211, San Ramon, addressed the Commission. They did not take any secret action during the course of their development. The dirt count changed during the course of construction and the original intent of the plan was to maintain the open space and have a bank of 10'-15'. They tried to protect the heritage trees. Rather than having steep banks and slopes it began to become mellow and rolling. He stated they made it very clear when they first started selling the homes the open space had to be maintained. A preliminary title report was furnished to the buyers. Then they had trouble selling lots in the area; especially 53 and 58. It was difficult to explain that they could not fence in their own lots should they purchase these particular sites. There are easements over each lot which belong to the property owners and are not for public access. When Cork Harbour put in fencing they found that some areas were impractical because of the slopes so they followed the toe of the slope rather than the line shown on the development plan. Everyone wanted a yard they could use. They did install split rail fencing entirely around the open area. Many of the people took their portion down. People do not want a privately owned common open space on their own property. On November 8, 1983 the amendment to the CC&Rs was recorded as well as quit claim deeds to re-establish easements. He felt that because it was private property that as a matter of title these people had a right to alter their easement. Regarding lots 62, 78 and 73 the fence issue continued to be a difficult thing. - 5 - _._ _....... _r.__. .. _. _.__.. _.. ... ...r..