HomeMy WebLinkAboutItem 4.09 CaHighlands-DonlanCanyn
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CITY CLERK
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AGENDA STATEMENt
CITY COUNCIL MEETING DATE: December 12,1995
SUBJECT:
Approval of Final Map for Tract 5926, California Highlands
(Donlan Canyon)
Report Prepared by: Public Works Director Lee Thompson
and Planning Director Laurence Tong
ExItmrrs ATTACHED:
1) 'I Resolution Approving Final Map
2) I Resolution Accepting Parkland In-Lieu Fees
3) / Reduced copy of Final Map
4) / Tract Developer Agreement
5) / Developer's Protest Letter Re: .Parkland In-Lieu Fee
RECOMMENDATION:./1,~ 1)
('f/ 2)
Adopt resolution approving Final Map
Adopt resolution denying protest and accepting Parkland In-
Lieu Fee
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FINANCIAL STATEMENT:
The Parkland In-Lieu fee submitted is in the amount of $665,531.
The developer is providing performance and labor and materials
bonds to guarantee construction of the street grading and utility
improvements and will pay the cost of construction inspection. Once
the improvements have been constructed and accepted, the City will
incur maintenance costs for the City-maintained improvements along
Dublin Boulevard.
DESCRIPTION: Tract 5926, California Highlands (also known as Donlan Canyon),
which is located at the westerly terminus of Dublin Boulevard, includes 246 units plus common open space
and a single lot for 17 future single-family lots adjacent to the Hansen Hill project. It also includes a lot for
a DSRSD water tank and an open space lot that is to be deeded to the East Bay Regional Park District.
The interior streets are to be private and maintained by the homeowner's association.
The improvement plans and Final Map have been reviewed and found,to be in conformance with the
Tentative Map and Conditions of Approval. All of the required fees, bonds, insurance certificates, and
deeds have been submitted.
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COPIES TO:
Kaufman & Broad
ITEM NO.
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The developer, Kaufman and Broad, has taken exception to the Parkland In-Lieu Fee and has filed a formal
letter of protest (Exhibit 5). The City Attorney has reviewed the letter and is recommending that the
protest be denied, as the time for filing the protest has already passed.
Staff recommends that the City Council adopt the resolution approving the Final Map (Exhibit 1), deny the
protest, and adopt the resolution accepting the Parkland In-Lieu Fee (Exhibit 2).
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RESOLUTION NO. - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
'" '" '" '" '" '" '" '" '"
'>ll
APPROVING FINAL MAP FOR TRACT 5926
(CALIFORNIA HIGHLANDS)
WHEREAS, the Final Map for Tract No, 5926, in the incorporated territory of the City of Dublin,
State of California, has been presented to this City Council for approval, all in accordance with the
provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code;
and
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WHEREAS, the Developer, Kaufinan and Broad of Northern California, Inc., has executed and
filed with the City of Dublin a contract to improve Tract No. 5926 in accordance with the Final Map of
said Tract No. 5926, the Tract improvement plans, and the specifications attached thereto; and
WHEREAS, said contract is secured by a bond in the amount of $3,600,000 conditioned upon
faithful performance of said contract; and
WHEREAS, said contract is secured by a bond in the amount of$I,800,000 for the benefit of
laborers and materialmen upon the work and improvements, conditioned upon payment for labor
performed or material furnished under the terms of said contract;
NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby
approved.
BE IT FURTHER RESOLVED that the Final Map of Tract 5926 be and the same is hereby
approved; and that rights to areas marked as Public Utility Easement (p.U.E.), Emergency Vehicle Access
Easement (E'V,A.E.), and Maintenance Access Easement (M.A.E.), as offered for dedication to public use
in conformity with the terms of dedication be, and they are hereby accepted; and that those strips of land
.': designated as Storm Drain Easement (S.D.E.), as offered for dedication to public use in conformity with
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the terms of dedication be, and they are hereby rejected; and that the Clerk of this City Council be and is
hereby directed to transmit said Map to the County Recorder for filing. .'
PASSED, APPROVED AND ADOPTED this 12th day of December, 1995.
AYES:
NOES:
ABSENT:
'>ll
ABSTAIN:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. - 95
.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTING PARKLAND IN-LIEU FEE FOR
TRACT 5926 CALIFORNIA IDGHLANDS
AND REJECTING PROTEST
WHEREAS, pursuant to Chapter 9.28 of the City of Dublin Municipal Code, each subdivider of
land classified by the City of Dublin Zoning Ordinance for residential use shall, as a Condition of
Approval for a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination
ofbotil, for park and/or recreational purposes; and
WHEREAS, in its approval of the Tentative Map of the subject Tract, the City Council of the City
of Dublin did impose conditions in accordance with Chapter 9.28 of the aforesaid Municipal Code that a
fee in lieu of limd dedication for park and recreational facilities is to be paid, said fee to be used for the
development of park and recreational facilities within a period of five years from the date of adoption of
this resolution to serve the residents of the subject Tract; and
-.: WHEREAS, the Director of Public Works and the Planning Director have calculated the amount
of the In-Lieu Fee as set forth in Attachment "A"; and
WHEREAS, the City Engineer is in receipt of a remittance amount as prescribed in accordance
with Chapter 9.28 of the Municipal Code, furnished by the Tract Developer, and described as follows:
Tract:
Subdivider:
Amount:
Tentative Planned Use:
5926
Kaufmarl and Broad of Northern California
$665,531
Park and recreation facilities which benefit residents
of Tract 5926
WHEREAS, said remittance was accompanied by a protest (Letter of December 5, 1995); and
WHEREAS, the City Council has considered said protest and finds that it has not been timely filed
pursuant to Government Code Section 66020 in that the protest was not made at the time of approval of
I
the Tentative Map or within 90 days of imposition of the In Lieu Fee; and
.
WHEREAS, the City Council further finds that the protest lacks merit for the reasons set forth in
Attachment "A";
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NOW, THEREFORE, BE IT RESOLVED that the protest is denied and the aforesaid remittance is
hereby accepted as performance of said Subdivider's obligation under Chapter 9.28 of the aforesaid ."
Municipal Code.
PASSED, APPROVED AND ADOPTED this 12th day of December, 1995.
AYES:
NOES:
ABSENT:
".
ABSTAIN:
Mayor
ATTEST:
City Clerk
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ATTACHMENT "A" OF RESOLUTION
CALCULATION OF PARKLAND IN-LIEU FEE
TRACT 5926 CALIFORNIA HIGHLANDS
Formula:
AxBxC
D
"A" = the park and recreation area required per dwelling, based on the type of dwelling units of the
proposed subdivision and the park area per one thousand people in the City. For attached single-family,
duplex, or multifamily dwelling units, "A" = 0.010 acres per unit.
"B" ~ the number of dwelling units in the proposed subdivision, in this case 246.
,
"C" = the current market value of the developable acreage of the area to be subdivided. In this case,
Kaufman and Broad is paying $4.5 million for the entire project, excluding the 0.90 acre land trade with
the City. Since the open space is not developable and has only economic value for grazing and as a buffer
for the residents, Staff has estimated that 90% of the purchase price is for the developable portion of the
land and 10% is for open space. The value of the developable land is .90 x $4,500,000, or $4.050.000.
Note that Kaufman and Broad, in their protest letter, has used $10,000 per acre as the value of the open
space. This represents 38% of the total purchase price of the project land. Staff feels that this open space
land has only minimal value as it is not buildable from a topography or General Plan/zoning standpoint.
. ' It is being dedicated to the East Bay Regional Park District at no charge simply to serve the development
,. as a buffer to other development.
"D" = the developable acreage of the land to be subdivided. The area of the parcel encompassing the
units and streets is 14.97 acres, not including the 0.90 acre parcel traded with the City. Note that
Kaufman and Broad, in their protest letter, has included the graded 2: 1 open space slopes and the water
tank site and tank access road in their calculation for developable land. The definition of "developable
acreage" in Section 9.04.060 of the Municipal Code "includes the areas lotted for residential uses
including streets, but does not include open space parcels such as creeks, ridgelines, and other areas not
allowed to be built upon by the General Plan or other City policies."
The 0.90 acre parcel traded from the City has not been included in the area nor in the value of this parcel,
as it was not part of the Tentative Map, and the transfer will not be made until the Final Map is recorded.
The calculation is therefore:
0.010 acres x 246 units x $4,050.000 = $665,531
14.97 acres
CREDIT FOR PRIVATE OPEN SPACE
. Municipal Code Section 9.28.060A allows a credit if the developer provides park improvements to the
"dedicated land." No land is being dedicated; so this subsection is not applicable.
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Municipal Code Section 9.28.060B allows that, as determined by the advisory agency (the City Council in
approving the Tentative Map), planned developments shall be eligible to receive a credit for private open
space and recreational facilities in the subdivision not to exceed 25% of fees, provided that it meets the
following four criteria:
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1. Private open space is at least one half (1/2) acre in area with its smallest dimension being at least
one hundred feet (100') clear excluding yards and setbacks normally required by zoning
prOVIsIOns;
2. Private open space and recreational facilities are owned and maintained by a homeowner's
association, are available to all residents of the subdivision without restriction, and are designated
for park and recreational purposes by recorded covenants which run with the land, and cannot be
defeated or eliminated without consent of the City Council;
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3. Private open space and facilities are suitable for active park and recreation purposes, taking into
consideration such factors as shape, topography, access, and improvements proposed;
4. Are in accord with the principles and standards for local parks contained in the park and recreation
element of the City of Dublin General Plan.
In this case, the Council as the advisory agency in approving the Tentative Map did not approve credit for
private open space and recreation facilities. In addition, the only private recreation facility contains a
small pool which does not m~et any of the four criteria required,
1. The parcel does not meet the minimum size required by the ordinance.
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2. The proposed CC&R's do not include a covenant that gives the City Council the power to consent
to amendments regarding pool usage.
3. The pool area is too small to be considered suitable for active park and recreation purposes.
4. The City's Parks and Open Space Element ofthe General Plan and the Parks and Recreation
Master Plan call for large pool complexes and do not provide for pools in neighborhood parks.
(See Parks and Recreation Master Plan, Guiding Policy 1.6, Action Program Ig and pages 17
[adopted standard size for swimming pools], 22 [discussion re: aquatic facility], and 65 [Aquatic
Center Standards].
Based on the previous analysis, this subdivision is not entitled to parkland fee credit for its small pool
facility.
This calculation is based on Dublin Municipal Code Chapter9.28 and Section 9.04.060 [Definition of
Developable Acreage]; and Government Code Section 66477.
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CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
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This agreement is made and entered into this 12th day of December, 1995, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Kaufman and Broad of Northern California, hereinafter referred to as "DEVELOPER".
WITNESSETH
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 5926 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
COijlmission Resolution No. 93-003 adopted on February 16, 1993; the requirements of the
Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of
Dublin;' and those certain plans and specifications for said development approved by said City
Council, and now on file in the office of the Public Works Director/City Engineer, which are
hereby referred to for a more definite and distinct description of the work to be performed
under this Agreement as though set forth at length herein; and
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WHEREAS, Developer intends to satisfactorily complete the required improvement
within the time hereinafter specified, and City intends to accept Developer's offer(s) of
dedication of said improvement(s) in consideration for Developer's satisfactory performance of
the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and.
covenants herein contained, the parties agree as follows: ,',
1. Completion Time. Developer will commence the work required by this Agreement
within thirty (30) days following the date on which City executes this Agreement. Developer
shall complete said work not later than three hundred sixty-five (365) days following said date
of execution. Time is of the essence in this Agreement. Upon completion, Developer shall
furnish City with a complete and reproducible set of final as-built plans, including any
authorized modifications.
2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer
shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each
bond shall be in a form prescribed by City, and shall be issued by a company duly and legally
licensed to conduct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
a. Faithful Performance Bond. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum
of $3,600,000.
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bond shall comply with the laws of the State of
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California
(commencing with Section 3082). Said bond shall be in the penal sum of $1,800,000.
3. Insurance Required. Concurrently with the execution of this Agreement, Developer .','
shall furnish City with evidence of insurance coverage as specified below.
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a. Worker's Compensation Insurance. Statutory coverage as required to
cover the full liability of Developer in accordance with the provisions of Division IV of the
Labor Code of the State of California, and an employer's liability insurance coverage with a
limit of not less than $100,000 per occurrence to cover any claims arising from employment
not covered by worker's compensation laws.
b. Comprehensive General Liabilitv Insurance. Minimum limits of liability
shall not be less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; any deductible provision shall not exceed $1,000 per claim, and
each and every policy must contain a cross liability or severability of interests clause.
c. Comprehensive Automobile Liabilitv Insurance. Minimum limits of liability
shall be not less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; coverage shall include owned, non-owned, and hired vehicles,
and each and every policy must contain a cross liability of severability of interests clause.
d. Other Requirements. All insurance policies shall be issued by a company
legally licensed to transact business in the State of California, shall be issued at Developer's
own cost and expense, shall be maintained by Developer in full force and effect during the life
of this contract, and must have an "AM. BEST" rating of B+, X or better. All certificate's of
insurance shall name the City and its officers, agents and employees as additional insureds,
shall contain a provision that a written notice of cancellation or reduction in coverage shall be
furnished the City (10) ten days in advance of the effective date thereof, and shall state that
such coverage is primary to any other coverage of City.
4, Work Performance and Guarantee. Developer shall secure the services of
those skilled in the trade, profession, or calling necessary to perform the work to be
accomplished under the terms of this contract, and shall guarantee and maintain the work for
a period of one (1) year following the completion and acceptance thereof against any
defective workmanship or defective materials furnished in the performance of this Agreement,
and any acceptance of the work by City will not operate as a release to Developer or
Developer's bondsmen from the aforesaid guarantee.
5. Inspection of the Work. Developer shall guarantee free access to City through
its Public Works Director/City Engineer and his designated representative for the safe and
convenient inspection of the work throughout its construction. Said City representative shall
have the authority to reject all materials and workmanship which are not in accordance with
the plans and specifications, and all such materials and or work shall be removed promptly by
Developer and replaced to the satisfaction of City without any expense to City in strict
accordance with the improvement plans and specifications,
6. Aqreement Assiqnment. This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. If the work to be done under this Agreement is abandoned,
or if this Agreement is assigned by Developer without written consent of City, or if City through
its City Engineer determines that the said work or any part thereof is being unnecessarily or
unreasonably delayed or that Developer is willfully violating any of the conditions or
covenants of this Agreement or is executing this Agreement in bad faith, the City shall have
the authority to order Developer to discontinue all work or any part thereof under this
Agreement, and Developer shall cease to continue the work or such part thereof as City may
designate, and City shall thereupon have the power to obtain by Agreement, purchase, rental
or otherwise, all labor, equipment, and materials deemed necessary to complete the work and
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to use such materials as IT!ay be found upon the line of such work. Developer and his sureties.
shall be liable for all expenses incurred by City for the acquisition and use of such labor,
equipment, and materials. ,',
8. Use of Streets or Improvements. At all times prior to the final acceptance of the
work by City, the use of any or all streets and improvements within the work to be performed
under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of
any building or occupancy permit by City for dwellings located within the tract shall not be
construed in any manner to constitute a partial or final acceptance or approval of any or all
such improvements by City. Developer agrees that City's Building Official may withhold the
issuance of building or occupancy permits when the work or its progress may substantially
and/or detrimentally affect public health and safety.
9. Safety Devices. Developer shall provide and maintain such guards, watchmen,
fenfes, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on
the tract site as may be necessary to prevent accidents to the public and damage to the
property. Developer shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to
be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and
other safety devices (except such safety items as may be shown on the plans and included in
the items of work) shall be removed from site of the work by the Developer, and the entire site
left clean and orderly.
10. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of
a set of final as-built plans to City by Developers, City, through its City Engineer or his
designated representative, shall examine the tract work without delay, and, if found to be in
accordance with said plans and specifications and this Agreement, shall accept the work and .'
notify Developer or his designated agents of such acceptance. , '.
11. Patent and Copyriqht Costs. In the event that said plans and specifications require the
use of any material, process or publication which is subject to a duly registered patent or
copyright, Developer shall be liable for, and shall indemnify City from any fees, costs or
litigation expenses, including attorneys' fees and court costs, which may result from the use of
said patented or copyrighted material, process or publication.
12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans
and specifications which are a part of this Agreement or any provision of this Agreement shall
not operate to release any surety or sureties from liability on any bond or bonds attached
hereto and made a part hereof, and consent to make such alterations is hereby given, and the
sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the
State of California.
13. Liability.
a. Developer Primarily Liable. Developer shall be responsible for any and all
loss, accident, neglect, injury or damage to person, life or property which may be the result of
or may be caused by construction, operations, or execution of this Agreement, and for which
City might be held liable. Developer shall protect and indemnify the City of Dublin, the City
Council, the City Engineer and/or any officer, agent or employee of the City, and save them
harmless in every way from all suits or actions at law for damage or injury to persons, life or
property that may arise or be occasioned in any way because of construction operations or
execution of this Agreement.
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b. Desiqn Defect. If, in the opinion of the City, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1) year
following acceptance by the City of the improvements, and said design defect, in the opinion
of the City, may substantially impair the public health and safety, Developer shall, upon order
by the City, correct said design defect at his sole cost and expense, and the sureties under
the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the
corrective work required.
c. Litiqation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and
court costs.
0+
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By
Mayor
. ATTEST:
.
City Clerk
DEVELOPER
;1 ~lk (
-
By
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LANFERMAN, FISHER & HASHIMOTO
A TIORNEYS AT LA W
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December 5, 1995
""
The Honorable Mayor and City Council
CITY OF DUBLIN
c/o City Attorney for the City of Dublin
100 Civic Plaza
Dublin, California 94568
RECEIVED
DEe 6 1995
en Y ur uV_DLiN
~4..MJ de /IIlCiZcli
Re: Statement of Protest of Development Fees [Pmk and Recreation Fees]
and Request for Documentation
Property/Project: ''California Highlands"
Dublin, California
Tract No. 5926
Dear Honorable Mayor and Members of the City Council of the City of Dublin:
...
Kaufman and Broad of Northern California, Inc. is pleased to be able to submit
its final s,ubdivision map for approval in connection with the "California Highlands"
project. We have appreciated the opportunity of working with the City of Dublin and its
staff in reaching this stage in the development process, and look forward to continuing
our constructive relationship with the City of Dublin, We regret, however, that it now
appears necessary that we submit the following Statement of Protest and Request for
Documentation, in connection with the payment under protest of the park and recreational
fees being demanded as a condition of approval of the final subdivision map for this
project.
This letter is respectfully submitted pursuant to Government Code ~66020 as the
Statement of Protest as to the park and recreation fees imposed against this project.
Kaufman and Broad respectfully tenders the payment under protest of these fees, imposed
as a condition of processing the final subdivision map, and this protest seeks both a
reconsideration of the amount of fees calculated, and relief as to the timing, of payment
of these fees. Kaufman and Broad respectfully tenders the required fees under protest,
so as not to unduly delay or impair the processing of this residential housing develop-
ment, and hereby makes all rights to challenge the calculatior., imposition, and timing
3100 MOWRY AVENUE. SUITE 300. FREMONT.
TELEPHONE: (510) 494-5500 . FAX: (510) 494-551 (
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The Honorable Mayor and City Council
CITY OF DUBLIN
December 5, 1995
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of said fees, and hereby makes a claim for a refund or reimbursement of all fees paid in
connection with the subdivision, which may be deemed to be excess or improper. This
shall be deemed a continuing Statement of Protest for all park and recreation fees paid
for this subdivision and for all phases of construction as to this project, past, present or
future.
1. Improper Calculation of Fees:
California Government Code 966477 (the "Quimby Act") provides for and limits
the types and amounts of fees which may be imposed on new residential development for
parks and recreation purposes. The City of Dublin Municipal Code, Chapter 9.28, was
adopted pursuant to the limited authority provided by 966477. As pointed out in the letter
from Mr. Matt Koart of Kaufman and Broad to the City of Dublin, dated November 29,
1995 [attached], the calculation of park and recreation fees pursuant Dublin Municipal
Code 99.28.040 should not exceed a gross park fee in the amount of $254,613.85.
Kaufman and Broad respectfully protests the calculation and imposition of park and
recreation fees in excess of that amount.
2. Entitlement to "Credit" AJ!ainst Park Fees for Recreational Improvements:
Pursuant to State law, a subdivider is entitled to a "credit" against the payment of
park fees otherwise authorized by a local park fee ordinance in the amounts of the value
of park and recreational improvements provided by the subdivider. Government Code
966477(i). See also, 73 Ops,CaI.Atty.GenI. 152 (1990). Pursuant to State law, the Dublin
Municipal Code provides for such a credit in favor of Kaufman and Broad. Section
9.28.060. Pursuant to the letter from Mr. Matt Koart of Kaufman and Broad to the City
of Dublin, dated December 4, 1995, the current landscape architect's estimate for the park
and recreational improvements to be made by Kaufman and Broad is in the amount of
$211,125,00, and an appropriate credit must be allowed against the gross park fees
otherwise payable.
3. Obiection to Time of Payment of Park Fees:
Protest is also respectfully submitted with regard to the requirement of the City
of Dublin that park fees be tendered prior to City Council consideration and approval of
the final subdivision map. It is respectfully submitted that the City of Dublin improperly
requires premature payment of such fees, in contradiction of State law. State law, in
general, provides that "any local agency which imposes ariy fees or charges on a
residential development for the construction of public improvements or facilities shall not
The Honorable Mayor and City Council
CITY OF DUBLIN
December 5, 1995
Page 3
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require the payment of those fees or charges, notwithstanding any other provision of law,
until the date of the final inspection, or the date the certificate of occupancy is issued,
whichever occurs first. ..." Government Code ~66007(a). Although there are exceptions
to this general rule, including an apparent exception for park fees, the City of Dublin's
requirements would appear to be in contradiction of controlling State law, even under the
more lenient provisions of the Quimby Act. Section 66477 provides that park fees shall
be payable "at the time of the recording of the final map... or at a later time as may be
prescribed by local ordinance." There is no authority for Dublin's requirement for
prepayment of these park fees at an earlier stage,
4. General Obiections for Failure to Comvlv with ~66477 and Dublin
Municival Code ~9.28. 030-070:
Kaufman and Broad respectfully reserves its general objections to the calculation
and imposition of these fees for failure to comply with both State and local law,
including, but not limited to, failure to limit the amount of fees to an amount not
exceeding the "reasonable costs" of providing park and recreational facilities for the future
inhabitants of this subdivision, failure to accurately determine the current market value
of property used for calculating the amount of the fees, insufficient plans, policies and
park standards, and failure to afford appropriate credits for other recreational improve-
ments made by the subdivider.
.
This letter also serves as our Request for copies of any and all Documentation
relied upon by the City to justify the imposition, calculation, and requirement for payment
of the disputed fees.
Kaufman and Broad respectfully reserves the right to specify further grounds for
protest upon review of the City's documentation, and in light of such additional evidence
and legal issues as may emerge from the consideration of this protest.
Finally, request is respectfully made that the City promptly review this Statement
of Protest and provide your response, and that the City notify Kaufman and Broad in the
event that there is any available process for appeal or administrative review. We reiterate
the request for the immediate return of all disputed fees, together with interest thereon as
provided by statute,
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The Honorable Mayor and City Council
CITY OF DUBLIN
December 5, 1995
Page 4
We thank you again for your courtesy and attention to this matter.
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November 29, 1995
Ms. Jeri Ram
Senior Planner
City of Dublin
100 Civic Plaza
Dublin, CA 94568
.'
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VIA TELECOPY
Re: CA Highlands; Park Fees
'"
Dear Jeri:
As you know, the City of Dublin is in the process of calculating the appropriate park fees
for the CA Highlands project Because there are a number of variables involved in
calculating the correct fee, I thought I should state Kaufinan and Broad's position
regarding how the formula set forth in Municipal Code Chapter 9.28 should be applied.
Specifically, the numbers to insert as variables "C" and "D" are not altogether clear.
Variable "C" means the current market value of the developable acreage. As you know,
K&B is acquiring the entire 197 acre property for $4,500,000. The portion of the
purchase prices attributable to the developable acreage is $2,797,100. This is calculated
based on the $4,500,000 purchase price, less the $1,702,900 value of open space (Le.,
$10,000 per acre times 170.29 acres). TIlls per acre value is based on reports that East
Bay Park District has recently paid $10,000 per acre for land in the general area, but this
is not yet confirmed. As additional support for this value, note that $1,702,900 equates to
only $6,922.36 per residential unit. I can unequivocally states that K&B would have paid
at least $6,922.36 per unit less for this property if it did not include the 170+ acres of
open space.
, .'
Variable "D",means the current market value of the "developable acreage" of the area to
be subdivided. Including only acreage that is being graded, the developable acreage is
26.71 acres. Given that K&B paid full value of the land acquired from the City under the
land transfer, I have included the 0.90 acres in the above total. I have also included in the
total 9.55 acres of graded slopes, water tank pad and access road and 1.31 acres for the
detention basin (see attached exhibit).
Using these values, the gross park fee equals $254,613.85 [.OlD (area per unit) x 246
(residential units) x $2,797,100 (value of developable acreage)] /26.71 (developable
acreage).
.
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KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC.
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In addition, under Municipal Code Section 9.28.060, K&B is entitled to a credit against
park fees for the construction of the private recreational area. I am still formulating a cost
estimate for the construction for this area and will forward it to you upon completion.
Finally, we still need to agree on whether the park fee is payable in one lump sum at Final
Map, or payable on a unit-by-unit basis at Certifi~ate of Occupancy. Have you discussed
this issue with the City Attorney yet?
After you and Lee Thompson have had an opportunity to consider this proposal, please
contact me at your earliest convenience to let me know if it is acceptable.
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Sincerely,
~./~
Matt Koart,
Director - Land Acquisitions
cc:
Dave Baker
Lee Thompson (via fax)
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."" December 4, 1995
Ms. Jeri Ram
Senior Planner
City of Dublin
100 Civic Plaza
Dublin, CA 94568
VIA TELECOPY (510) 833-6628
Re: CA Highlands; Rental Housing Fees and Park Fees Credits
'"
Dear Jeri:
.
To assist in the calculation of rental housing in-lieu fees, Anthony Hurt & Associates has
prepared the enclosed analysis. Please let me know if agree with Mr. Hurt's conclusions.
As I mentioned during my meeting with Larry Tong and Rich Ambrose, I believe the
rental housing ordinance should be rescinded, and intend to make this an issue during the
City's discussion of the proposed inclusionary housing ordinance. However, I would like
to reach an agreement on the in-lieu fee in the event the ordinance is not rescinded or
modified.
In addition, enclosed is a cost estimate for the recreational area prepared by our landscape
architect. Total costs are estimated to by $211,125. This will easily exceed the 25% park
fee credit limit. Also, please note that this estimate excludes grading, utilities, equipment
building, bathrooms and land cost. Ifnecessary, I can provide you with a break-down of
those costs as well.
I look forward to your response.
Sincerely,
~./~
Matt Koart,
Director - Land Acquisitions
.'
......
cc:, Rich Ambrose (w/o encl.)
Dave Baker (wi encl.)
Larry Tong (w/o encl.)
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