HomeMy WebLinkAboutItem 6.2 HansenHillRnchDevAgmt (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 22, 1993
EXHIBITS ATTACHED:
PA 91-099 Hansen Hill Ranch Development
Agreement 1992~3 Annual Review
David K. Choy, Associate Planner
Exhibit A:~ Draft Resolution relating to PA
91-099 Hansen Hill Ranch
Development Agreement Annual
Review
SUBJECT:
REPORT PREPARED BY:
Attachment l:~etter from Michael L. Toohey of
Toohey Homes, Ltd. regarding the
status of the Hansen Hill Ranch
project.
RECOMMENDATION:
Jr
1 )
2)
3)
4 )
5)
Open public hearing and hear Staff
presentation
Take testimony from Applicant and public
Question Staff, Applicant and public
Close public hearing and deliberate
Adopt Draft Resolution relating to PA 91-
099 Hansen Hill Ranch Development
Agreement Annual Review
FINANCIAL STATEMENT:
None
DESCRIPTION:
On February 24, 1992 the City council adopted Ordinance No. 5-92
approving a Development Agreement for the Hansen Hill Ranch project,
between the City of Dublin and the Donald L. Bren Company, now
California Pacific Homes, Inc.
The Development Agreement requires that an annual report be
presented to the City Council, as per Section 8.12.140 of the Municipal
Code, regarding the status of the project. March 1 was established as
the annual review date.
On March 12, 1993, the City received a letter from Michael Toohey,
President of Toohey Homes Ltd. who is the agent for California Pacific
Homes, Inc. (see Attachment 1). The letter references the $190,728.00
payment made to the City of Dublin for Phase I park-in-lieu fees,
required by April 1, 1992, in compliance with the Exhibit B, Additional
Conditions, Subparagraph 5.3.5: a. The letter also conveys the
intention of California Pacific Homes, Inc. to postpone the start of the
project for at least one more year, due to the existing economic
conditions which, because of the substantial expenditure necessary to
complete Phase I, does not present a favorable market risk.
The Improvement Plans and the Final Map for Phase ~ have been
submitted for review and approval to the Public Works Department. These
plans have been revised and checked several times, and are close to
receiving final approval.
Staff believes that the Developer has demonstrated good faith
compliance with the provisions of the Development Agreement. Staff
recommends the City Council adopt the draft resolution (Exhibit A)
relating to PA 91-099 Hansen Hill Ranch Development Agreement 1992-93
Annual Review.
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ITEM NO. ~ COPIES TO: General/Agenda File
Project Planner
Applicant/Owner
CITY CLERK
FILE ~
,.~)"."",''''''-'
-RESOLUTION NO.
-9'"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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ESTABLISHING FINDINGS TO SUPPORT GOOD FAITH COMPLIANCE FOR PA 9l-099
HANSEN HILL RANCH DEVELOPMENT AGREEMENT 1992-93 ANNUAL REVIEW
WHEREAS, On February 24, 1992, the City of Dublin entered into a
Dev~lopment Agreement with the Donald L. Bren Company (now California
Pacific Homes, Inc.) for the construction of the Hansen Hill Ranch
project; and
WHEREAS, the City Council is required to hold a public hearing to
conduct an annual review of the Development Agreement; and
WHEREAS, Michael L. Toohey, representing the Developer, California
Pacific Homes, Inc., has submitted a letter to the City of Dublin to
demonstrate good faith compliance with the provisions of the Hansen Hill
Ranch Development Agreement; and
WHEREAS, this project was previously reviewed in accordance with
the provisions of the California Environmental Quality Act (CEQA) and a
Negative Declaration of Environmental Significance was adopted (City
Council Resolution No. 10-92) as it will have no significant effect on
the environment; and
WHEREAS, the City Council did hold a public hearing on said
application on March 22, 1993.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that
1. The Developer did make payment made to the City of Dublin for
Phase I (lots 1-72) park-in-lieu fees, prior to April 1, 1992,
as required by the conditions of the Development Agreement.
2. The Developer has indicated that due to the poor economic
conditions throughout the State and the exposure to housing
market risks associated with this project, which requires
substantial expenditures to complete Phase I, construction
will not commence on the project during 1993.
BE IT FURTHER RESOLVED THAT THE City Council finds that during the
1992-93 Annual Review of the Hansen Hill Ranch Development Agreement,
the Developer has demonstrated good faith compliance with the terms and
conditions of the agreement
PASSED, APPROVED, AND ADOPTED this 22nd day of March, 1993
AYES:
NOES:
ABSENT:
Mayor
City Clerk
EXHIBIT A
", TOOHEY HOMES, LTD. .
RECEIVED
CUSTOM Bun.DERS
1111~: l' 'J ,~. ,... ,-
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DUBLIN PLANNING
REAL ESTATE DEVELOP~"T . CUSTOM HOMES. GENERM- CONTRACTING
March 10, 1993
Laurence Tong
Planning Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Laurence:
As you know, California Pacific Homes, Inc. (formerly Donald L. Bren Company) entered into a
Development Agreement with the City of Dublin for the Hansen Hill Ranch Project on March 25,
1992. Paragraph 11 of that agreement sets forth that the City will review the agreement on an
annual basis in March of each year.
This is in response to that requirement.
Since the execution of the agreement, California Pacific Homes has made the fee payment required
of $190,728 for Park In-Lieu fees. This payment was made prior to its due date of April 1, 1992.
In all respects, California Pacific Homes has complied with all terms and conditions of the
agreement.
California Pacific Homes recently considered starting the project in April, 1993, but decided to
postpone their start at least one more year. They are very concerned that economic conditions
around the state do not justify the massive expenditure necessary to complete Phase One of the
project and that they would be too exposed to market risk if they began the project this Spring.
If you need any further information concerning this annual review, we would be most pleased to
respond.
Very truly yours,
~*J)6'J
Michael L. TOOh; (....Q-f7 0
President
Toohey Homes, Ltd.
As Agent for California Pacific Homes, Inc.
ML T:lsm
cc: David Choy "
Jeff Slavin
Dan Hedigan
ArrACHMEHT J..
6601 OWE~S DRIVE. Surre 275. PLEASA.'\'TO:\. CALIfORNIA 94588 (510) 463-2288 FAX (510) 847-0829