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HomeMy WebLinkAboutItem 6.1 SB343 Shaefer Ranch GP Amend 15-15-15 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the December 15, 2015, City Council meeting agenda packet. Item 6.1 From: Vikram Kalyanaraman Sent: Tuesday, November 17, 2015 1:34 PM To: Jeff Baker Subject: Project: PLPA 2012-00013 Schaefer Ranch Project: PLPA 2012-00013 Schaefer Ranch Hi Jeff, I received this exact same notice for the second time with no differences in the proposal. My understanding was that the City rejected the builder's proposal. Either way, I would like record my opposition to the proposed General Plan Amendment and Planned Development Zoning. 1. Dublin City should have sizable number for new Estate Residential (0.01 - 0.8 units per acres) Units. This will help Dublin Residents with increased income find an upscale home within Dublin. It is necessary to have affordable housing unit in any city. Similarly, it is desirable to have upscale houses in which multi-millionaires and billionaires should be willing to move into. 2. The site is perfectly suited and plotted for Estate Residential houses. Building Single Family Homes defies logic. For Example, one such property is the complicated driveways that are being proposed in the new plan. One driveway connecting three houses. There are many such features in the new proposal which go against the nature of terrain. 3. Building high density housing on a street with down gradient with hills on both sides is dangerous. In case of street blockage Fire/Police/Ambulance will not be able to go in. Helicopters will also not be very useful because of higher elevation on both sides. 4. Schaefer Ranch home owners pay for the GHAD. By putting three times (6 to 19) the propose houses the probably of any damage and the associated risk goes up drastically. Schaefer Ranch home owners end up paying the claims. So, it is in the interest of Schaefer Ranch Home owners to minimize the risk. 5. It may not be out of place to mention that Schaefer Ranch has been built on a site that has reportedly had nearly 60 landslides. Some have alleged that the project's developer had to blast nearly 1.1M cubic yards of hard rock, move 9.4M cubic yards of dirt, and fill up to 150 feet of soil to build this new residential community. 6. Builders profits and city's taxes are short term gains. A neighborhood lasts several generations. Building good neighborhoods is an investment in making a great city. In Unit 2, there was a small commercial area initially planned which was converted to Single Family Homes. Also in Unit 2,proposed 16 (or 20) Estate Residential (0.01 - 0.8 units per acres) has been converted into 140 Single Family Homes (0.9 to 6 Units per acre). This has created houses with steep backyards which cannot be used for any purpose, houses surrounded on three sides by other houses which are very close too, etc. 7. Commercial area located within Schaefer Ranch development has been scrapped. Residents have to drive about 3 miles to get basic amenities. There is no community center with activities like indoor community gathering, indoor games, swimming pool, etc 8. Builder profit optimization seems to be only goal of this proposal. By restricting number of units to just one less less than 20, the builder has intelligently avoided Inclusionary Housing Requirements and Public Art Provision requirements. 9. The street in Schaefer Ranch Unit 3 will be a Private Street. The maintenance and management of the street will be by Home Owners Association. This cost will have to be shared by other home owners. The residents who are not on this street will still have to contribute for maintenance and management of this private street. Thank You, Vikram Kalyanaraman Home Owner, Schaefer Ranch, Dublin, CA From: Yvonne Haly Sent: Monday, December 14, 2015 12:58 PM To: Danielle Diaz Subject: Public Hearing Notice - PLPA 2012-00013 Schaefer Ranch General Plan Amendment Please feel free to read the following email aloud at the meeting on Tuesday Dec 15, 2015. My name is Yvonne Haly; my family and I currently live , in a Schaefer Ranch home by Toll Brothers. All of the residents on my block I've spoken with, are extremely upset and disturbed by the potential built of 19 new Single-Family Lots instead of the original 6 estate lots, as this serves absolutely no benefits to us residents. Is there a plausible reason why the 19 units is 1 unit shy of the 20-unit threshold so that no money from the developer goes into the city's Art fund? Furthermore, the 10 acres of so-called "open space" will be maintained by Schaefer Ranch HOA, meaning us existing residents will be stuck with the cost rather than the owners of the 6 original estate lots. Have you also considered the additional 19 lots' impact on traffic coming down the hill? Impact on emergency vehicles and emergency personnel should the need arises? Impact on wildlife, plants and pollution? This will only affect our neighborhood negatively when we're already dealing with overcrowded Dublin schools, congested one-lane traffic and overburdened emergency personnel. Please do the right thing and follow the Planning Commission's findings and deny this proposed 19-unit built once and for all. Sincerely, Yvonne Haly From: Jenny Chang Sent: Tuesday, December 15, 2015 4:28 PM To: Mikep Cc: Caroline Soto Subject: RE: PROJECT: PLPA 2012-00013 - Schaefer Ranch Dear Mr. Porto and Ms. Soto, Thank you for your patience in receiving this letter. Best wishes for a successful meeting tonight. I've also copied the text below in case there are issues in opening the attachment. Best Regards, Jenny DUBLIN PLANNING COMMISSION City Council Chambers 100 Civic Plaza Dublin CA 94568 RE:Project PLPA 2012-00013-Schaefer Ranch December 15,2015 Dear Planning Commission, Thank you for allowing us to express our opinion again in this matter. We have been Schaefer Ranch residents since 2012.We looked at over 50 homes in several Bay Area cities,including East Dublin,before selecting this community. We still oppose the proposed General Plan Amendment and Planned Development Zoning for several reasons: 1 Building high density housing on a street with a down gradient with hills surrounding it can pose a danger to its residents. 2 Building up to the 19 proposed homes in the planned area will increase the chance of damages and associated risks.Schaefer Ranch residents will end up indirectly paying for claims using GHAD reserve. 3 With more homes on the terrain,where there have historically been dozens of landslides,there is once again an increased risk of danger.Meteorologists have recently expressed great concern over this area of dangerous landslides in light of El Nino this year.Any major storms in the future will always affect this area. 4 There is also concern about the overall increase in housing and no major plans to build more public schools to support the major influx of residents of school aged children.With the saturation of homes in this small city,our children will ultimately suffer from overcrowded schools and a decreased quality of education.We've met many residents who are discouraging their friends from moving to this city because of the continued increase in housing and eventual overburdened schools.The schools are good now,but won't be sustainable over time. 5 The increase in housing does not seem to be balanced with commercial sites to support the residents effectively.This forces residents to support other local businesses in neighboring cities.More and more homes will eventually diminish the appeal and quality of this small community and city.It is important to preserve the few remaining hills and canyons of the Schaefer Ranch community.Allowing this project to proceed will significantly impact native vegetation and wildlife according to our Environmental Impact Report. 6 Building more homes at Schaefer Ranch will heavily impact the flow of traffic and congestion in this area and ultimately the entire city,particularly on Dublin Boulevard,which is already very congested. 7 This particular project will benefit the developer but provide no benefits for the city and its residents.The Schaefer Ranch residents and the HOA will pay for fees while not gaining access to what is"open space." Thank you for taking the time to present our letter once again.Please keep the Schaefer Ranch Community safe and less congested for all of its residents and children. Best Regards, Jenny and Andy • From: kerriechabot @comcast.net - -_ Sent: Tuesday, December 15, 2015 11:54 AM To: Cm D Haubert personal; Abe; Doreen Wehrenberg; Don Biddle; Kevin Hart Cc: Chris Foss; Caroline Soto; Steve Hanke; fischershelley @dublinusd.org Subject: Read into open comment at tonight council meeting-please Dear City Council, (Please read into public comment tonight during open comments) I believe our city council has been misled with bad legal advice. Contrary to what the city attorney has been saying in public session, the city council can indeed deny a development based on school overcrowding. I believe Mr.Bakker has been giving bad advice to the cc. Correct me if I am wrong. There is a large group of residents supporting this. Kerrie Chabot (d)Notwithstanding any other provision of law, a public agency may deny or refuse to approve a legislative act involving, but not limited to, the planning, use, or development of real property, on the basis that school facilities are inadequate, except that a public agency may not require the payment or satisfaction of a fee, charge, dedication, or other financial requirement in excess of that levied or imposed pursuant to Section 65995 and, if applicable, any amounts specified in Sections 65995.5 or 65995.7. GOVERNMENT CODE SECTION 65995-65998 65995. (a) Except for a fee, charge, dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970) , a fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities may not be levied or imposed in connection with, or made a condition of, any legislative or adjudicative act, or both, by any state or local agency involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073 . (b) Except as provided in Sections 65995.5 and 65995.7, the amount of any fees, charges, dedications, or other requirements authorized under Section 17620 of the Education Code, or pursuant to Chapter 4 .7 (commencing with Section 65970) , or both, may not exceed the following: (1) In the case of residential construction, including the location, installation, or occupancy of manufactured homes and mobilehomes, one dollar and ninety-three cents ($1.93) per square foot of assessable space. "Assessable space, " for this purpose, means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the city or county issuing the building permit, in accordance with the standard practice of that city or county in calculating structural perimeters. "Manufactured home" and "mobilehome" have the meanings set forth in' subdivision (f) of Section 17625 of the Education Code. The application of any fee, charge, dedication, or other form of requirement to the location, installation, or occupancy of manufactured homes and mobilehomes is subject to Section 17625 of the Education Code. (2) In the case of any commercial or industrial construction, thirty-one cents ($0.31) per square foot of chargeable covered and enclosed space. "Chargeable covered and enclosed space, " for this purpose, means the covered and enclosed space determined to be within the perimeter of a commercial or industrial structure, not including any storage areas incidental to the principal use of the construction, garage, parking structure, unenclosed walkway, or utility or disposal area. The determination of the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure shall be made by the building department of the city or county issuing the building permit, in accordance with the building standards of that city or county. For the determination of chargeable fees to be paid to the appropriate school district in connection with any commercial or industrial construction under the jurisdiction of the Office of Statewide Health Planning and Development, the architect of record shall determine the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure. (3) The amount of the limits set forth in paragraphs (1) and (2) shall be increased in 2000, and every two years thereafter, according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting, which increase shall be effective as of the date of that meeting. (c) (1) Notwithstanding any other provision of law, during the term of a 2 contract entered into between a subdivider or builder and a school district, city, county, or city and county, whether general law or chartered, on or before January 1, 1987, that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of residential construction, neither Section 17620 of the Education Code nor this chapter applies to that residential construction. (2) Notwithstanding any other provision of state or local law, construction that is subject to a contract entered into between a person and a school district, city, county, or city and county, whether general law or chartered, after January 1, 1987, and before the operative date of the act that adds paragraph (3) that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of construction, may not be affected by the act that adds paragraph (3) . (3) Notwithstanding any other provision of state or local law, until January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, shall be required to comply with that condition. Notwithstanding any other provision of state or local law, on and after January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, may not be subject to a fee, charge, dedication, or other requirement exceeding the amount specified in paragraphs (1) and (2) of subdivision (b) , or, if a district has increased the limit specified in paragraph (1) of subdivision (b) pursuant to either Section 65995.5 or 65995.7, that increased amount. (4) Any construction that is not subject to a contract as described in paragraph (2) , or to paragraph (3) , and that satisfies both of the requirements of this paragraph, may not be subject to any increased fee, charge, dedication, or other requirement authorized by the act that adds this paragraph beyond the amount specified in paragraphs (1) and (2) of subdivision (b) . (A) A tentative map, development permit, or conditional use permit was approved before the operative date of the act that amends this subdivision. (B) A building permit is issued before January 1, 2000. (d) For purposes of this chapter, "construction" means new construction and reconstruction of existing building for residential, commercial, or industrial. "Residential, commercial, or industrial construction" does not include any facility used exclusively for religious purposes that is thereby exempt from property taxation under the laws of this state, any facility used exclusively as a private full-time day school as described in Section 48222 of the Education Code, or any facility that is owned and occupied by one or more agencies of federal, state, or local government. In addition, "commercial or industrial construction" includes, but is not limited to, any hotel, inn, motel, tourist home, or other lodging for which the maximum term of occupancy for guests does not exceed 30 days, but does not include any residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code. (e) The Legislature finds and declares that the financing of school facilities and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities are matters of statewide concern. For this reason, the Legislature hereby occupies the subject matter of requirements related to school facilities levied or imposed in connection with, or made a condition of, any land use approval, whether legislative or adjudicative act, or both, and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities, to the exclusion of all other measures, financial or nonfinancial, on the subjects. For purposes of this subdivision, "school facilities" means any school-related consideration relating to a school district's ability to accommodate enrollment. (f) Nothing in this section shall be interpreted to limit or prohibit the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 to finance the construction or reconstruction of school facilities. However, the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 may not be required as a condition of approval of any legislative or adjudicative act, or both, if the purpose of the community facilities district is to finance school facilities. (g) (1) The refusal of a person to agree to undertake or cause to be undertaken an act relating to Chapter 2.5 (commencing with 3 Section 53311) of Division 2 of Title 5, including formation of, or annexation to, a community facilities district, voting to levy a special tax, or authorizing another to vote to levy a special tax, may not be a factor when considering the approval of a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073, if the purpose of the community facilities district is to finance school facilities. (2) If a person voluntarily elects to establish, or annex into, a community facilities district and levy a special tax approved by landowner vote to finance school facilities, the present value of the special tax specified in the resolution of formation shall be calculated as an amount per square foot of assessable space and that amount shall be a credit against any applicable fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities. For purposes of this paragraph, the calculation of present value shall use the interest rate paid on the United States Treasury's 30-year bond on the date of the formation of, or annexation to, the community facilities district, as the capitalization rate. (3) For purposes of subdivisions (f) , (h) , and (i) , and this subdivision, "school facilities" means any school-related consideration relating to a school district's ability to accommodate enrollment. (h) The payment or satisfaction of a fee, charge, or other requirement levied or imposed pursuant to Section 17620 of the Education Code in the amount specified in Section 65995 and, if applicable, any amounts specified in Section 65995.5 or 65995.7 are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities. (i) A state or local agency may not deny or refuse to approve a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073 on the basis of a person's refusal to provide school facilities mitigation that exceeds the amounts authorized pursuant to this section or pursuant to Section 65995.5 or 65995.7, as applicable. 65995.1. (a) Notwithstanding any other provision of law, as to any development project for the construction of senior citizen housing, as described in Section 51.3 of the Civil Code, a residential care facility for the elderly as described in subdivision (k) of Section 1569.2 of the Health and Safety Code, or a multilevel facility for the elderly as described in paragraph (9) of subdivision (d) of Section 15432, any fee, charge, dedication, or other form of requirement that is levied under Section 53080 may be applied only to new construction, and is subject to the limits and conditions applicable under subdivision (b) of Section 65995 in the case of commercial or industrial development. (b) Notwithstanding any other provision of law, as to any development project for the construction of agricultural migrant worker housing financed in whole or part pursuant to Chapter 8.5 (commencing with Section 50710) of Part 2 of Division 31 of the Health and Safety Code, no fees, charges, dedications, or other forms of requirements that are levied under Section 53080 shall be applied to new construction, reconstruction, or rehabilitation of this housing. The exemption provided by this subdivision shall be applicable only to that agricultural migrant worker housing which is owned by the state and which is subject to a contract ensuring compliance with the requirements of Chapter 8 .5 (commencing with Section 50710) of Part 2 of Division 31 of the Health and Safety Code. (c) Any development project against which school facilities fees or other requirements have been levied or waived in accordance with the limit or exemption set forth in subdivision (a) or (b) may be converted to any use other than those uses described in the statutes cited in that subdivision only with the approval of the city or county that issued the building permit for the project. That approval shall not be granted absent certification by the appropriate school district that payment has been made on the part of the development project at the rate of the school facilities fee, charge, dedication, or other form of requirement applied by the district under Section 53080 to residential development as of the date of conversion, less the amount of any school facilities fees or other requirements paid on the part of the project in accordance with the limits set forth in subdivision (a) or (b) . 65995.2. (a) Notwithstanding any other provision of law, the imposition of any fee, charge, dedication, or other requirement authorized under Section 53080, or Chapter 4.7 (commencing with Section 65970) , or both, against any manufactured home or mobilehome that is located within a mobilehome park, or subdivision, cooperative, or condominium for 4 mobilehomes, in which residence is limited to older persons, as defined pursuant to the federal Fair Housing Amendments Act of 1988, is subject to the limits and conditions that are applicable under subdivision (b) of Section 65995 in the case of commercial and industrial development. (b) Any mobilehome park, or subdivision, cooperative, or condominium for mobilehomes, in which school facilities fees, charges, dedications, or other requirements have been imposed against one or more manufactured homes or mobilehomes in accordance with the limit set forth in subdivision (a) may subsequently choose to permit the residence of persons other than older persons, in which event it shall so notify the appropriate school district and city or county. As a condition of the first sale, subsequent to that notification, of each manufactured home or mobilehome in the mobilehome park, or subdivision, cooperative, or condominium for mobilehomes, payment shall be made to the school district in the amount of the school facilities fee or other requirement applied by the district under Section 53080, or Chapter 4 .7 (commencing with Section 65970) , or both, to residential development as of the date of that sale, less the amount of any school facilities fees, charges, dedications, or other requirements imposed against that manufactured home or mobilehome in accordance with the limits described in subdivision (a) . Any prospective purchaser of a manufactured home or mobilehome that is subject to the requirement set forth in this subdivision shall be given written notice of the existence of that requirement by the seller prior to entering into any contract for that purchase. (c) Compliance on the part of any manufactured home or mobilehome with any additional fee or other requirement applied by the school district pursuant to subdivision (b) , and certification by the appropriate school district of that compliance, shall be required as a condition of the following, as applicable: (1) The close of escrow of the first sale of the manufactured home or mobilehome following the notice required by subdivision (b) , where the manufactured home or mobilehome is to be located, installed, or occupied in a mobilehome park that has chosen to permit the residence of persons other than older persons pursuant to subdivision (b) and the sale or transfer of the manufactured home or mobilehome is subject to escrow as provided in Section 18035 or 18035.2 of the Health and Safety Code. (2) The approval of the manufactured home or mobilehomes for initial occupancy pursuant to Section 18551 or 18613 of the Health and Safety Code following the notice required by subdivision (b) , where the manufactured home or mobilehome is to be located, installed, or occupied in a mobilehome park that has chosen to permit the residence of persons other than older persons pursuant to subdivision (b) , in the event that paragraph (1) does not apply. 65995.5. (a) The governing board of a school district may impose the amount calculated pursuant to this section as an alternative to the amount that may be imposed on residential construction calculated pursuant to subdivision (b) of Section 65995. (b) To be eligible to impose the fee, charge, dedication, or other requirement up to the amount calculated pursuant to this section, a governing board shall do all of the following: (1) Make a timely application to the State Allocation Board for new construction funding for which it is eligible and be determined by the board to meet the eligibility requirements for new construction funding set forth in Article 2 (commencing with Section 17071.10) and Article 3 (commencing with Section 17071.75) of Chapter 12.5 of Part 10 of the Education Code. A governing board that submits an application to determine the district's eligibility for new construction funding shall be deemed eligible if the State Allocation Board fails to notify the district of the district's eligibility within 120 days of receipt of the application. (2) Conduct and adopt a school facility needs analysis pursuant to Section 65995.6. (3) Until January 1, 2000, satisfy at least one of the requirements set forth in subparagraphs (A) to (D) , inclusive, and, on and after January 1, 2000, satisfy at least two of the requirements set forth in subparagraphs (A) to (D) , inclusive: (A) The district is a unified or elementary school district that has a substantial enrollment of its elementary school pupils on a multitrack year-round schedule. "Substantial enrollment" for purposes of this paragraph means at least 30 percent of district pupils in kindergarten and grades 1 to 6, inclusive, in the high school attendance area in which all or some of the new residential units identified in the needs analysis are planned for construction. A high school district shall be deemed to have met the requirements of this paragraph if either of the following apply: (i) At least 30 percent of the high school district's pupils are on a multitrack year-round schedule. (ii) At least 40 percent of the pupils enrolled in public schools in kindergarten and grades 1 to 12, inclusive, within the boundaries of the high school attendance area for which the school district is applying for new facilities are enrolled in multitrack year-round schools. (B) The district has placed on the ballot in the 5 previous four years a local general obligation bond to finance school facilities and the measure received at least 50 percent plus one of the votes cast. (C) The district meets one of the following: (i) The district has issued debt or incurred obligations for capital outlay in an amount equivalent to 15 percent of the district' s local bonding capacity, including indebtedness that is repaid from property taxes, parcel taxes, the district's general fund, special taxes levied pursuant to Section 4 of Article XIII A of the California Constitution, special taxes levied pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of registered voters, special taxes levied pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of landowners prior to November 4, 1998, and revenues received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code) . Indebtedness or other obligation to finance school facilities to be owned, leased, or used by the district, that is incurred by another public agency, shall be counted for the purpose of calculating whether the district has met the debt percentage requirement contained herein. (ii) The district has issued debt or incurred obligations for capital outlay in an amount equivalent to 30 percent of the district' s local bonding capacity, including indebtedness that is repaid from property taxes, parcel taxes, the district's general fund, special taxes levied pursuant to Section 4 of Article XIII A of the California Constitution, special taxes levied pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of registered voters, special taxes levied pursuant to Chapter 2 .5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of landowners after November 4, 1998, and revenues received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code) . Indebtedness or other obligation to finance school facilities to be owned, leased, or used by the district, that is incurred by another public agency, shall be counted for the purpose of calculating whether the district has met the debt percentage requirement contained herein. (D) At least 20 percent of the teaching stations within the district are relocatable classrooms. (c) The maximum square foot fee, charge, dedication, or other requirement authorized by this section that may be collected in accordance with Chapter 6 (commencing with Section 17620) of Part 10.5 of the Education Code shall be calculated by a governing board of a school district, as follows: (1) The number of unhoused pupils identified in the school facilities needs analysis shall be multiplied by the appropriate amounts provided in subdivision (a) of Section 17072.10. This sum shall be added to the site acquisition and development cost determined pursuant to subdivision (h) . (2) The full amount of local funds the governing board has dedicated to facilities necessitated by new construction shall be subtracted from the amount determined pursuant to paragraph (1) . Local funds include fees, charges, dedications, or other requirements imposed on commercial or industrial construction. (3) The resulting amount determined pursuant to paragraph (2) shall be divided by the projected-total square footage of assessable space of residential units anticipated to be constructed during the next five-year period in the school district or the city and county in which the school district is located. The estimate of the projected total square footage shall be based on information available from the city or county within which the residential units are anticipated to be constructed or a market report prepared by an independent third party. (d) A school district that has a common territorial jurisdiction with a district that imposes the fee, charge, dedication, or other requirement up to the amount calculated pursuant to this section or Section 65995.7, may not impose a fee, charge, dedication, or other requirement on residential construction that exceeds the limit set forth in subdivision (b) of Section 65995 less the portion of that amount it would be required to share pursuant to Section 17623 of the Education Code, unless that district is eligible to impose the fee, charge, dedication, or other requirement up to the amount calculated pursuant to this section or Section 65995.7. (e) Nothing in this section is intended to limit or discourage the joint use of school facilities or to limit the ability of a school district to construct school facilities that exceed the amount of funds authorized by Section 17620 of the Education Code and provided by the state grant program, if the additional costs are funded solely by local revenue sources other than fees, charges, dedications, or other requirements imposed on new construction. (f) Except as provided in paragraph (5) of subdivision (a) of Section 17620 of the Education Code, a fee, charge, dedication, or other requirement authorized under this section and Section 65995.7 shall be expended solely on the school facilities identified in the needs analysis as being 6 attributable to projected enrollment growth from the construction of new residential units. This subdivision does not preclude the expenditure of a fee, charge, dedication, or other requirement, authorized pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 17620, on school facilities identified in the needs analysis as necessary due to projected enrollment growth attributable to the new residential units. (g) "Residential units" and "residences" as used in this section and in Sections 65995.6 and 65995.7 means the development of single-family detached housing units, single-family attached housing units, manufactured homes and mobilehomes, as defined in subdivision (f) of Section 17625 of the Education Code, condominiums, and multifamily housing units, including apartments, residential hotels, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, and stock cooperatives, as defined in Section 4190 of the Civil Code. (h) Site acquisition costs shall not exceed half of the amount determined by multiplying the land acreage determined to be necessary under the guidelines of the State Department of Education, as published in the "School Site Analysis and Development Handbook, " as that handbook read as of January 1, 1998, by the estimated cost determined pursuant to Section 17072.12 of the Education Code. Site development costs shall not exceed the estimated amount that would be funded by the State Allocation Board pursuant to its regulations governing grants for site development costs. 65995.6. (a) The school facilities needs analysis required by paragraph (2) of subdivision (b) of Section 65995.5 shall be conducted by the governing board of a school district to determine the need for new school facilities for unhoused pupils that are attributable to projected enrollment growth from the development of new residential units over the next five years. The school facilities needs analysis shall project the number of unhoused elementary, middle, and high school pupils generated by new residential units, in each category of pupils enrolled in the district. This projection of unhoused pupils shall be based on the historical student generation rates of new residential units constructed during the previous five years that are of a similar type of unit to those anticipated to be constructed either in the school district or the city or county in which the school district is located, and relevant planning agency information, such as multiphased development projects, that may modify the historical figures. For purposes of this paragraph, "type" means a single family detached, single family attached, or multifamily unit. The existing school building capacity shall be calculated pursuant to Article 2 (commencing with Section 17071.10) of Chapter 12.5 of Part 10 of the Education Code. The existing school building capacity shall be recalculated by the school district as part of any revision of the needs analysis pursuant to subdivision (e) of this section. If a district meets the requirements of paragraph (3) of subdivision (b) of Section 65995.5 by having a substantial enrollment on a multitrack year-round schedule, the determination of whether the district has school building capacity area shall reflect the additional capacity created by the multitrack year-round schedule. (b) When determining the funds necessary to meet its facility needs, the governing board shall do each of the following: (1) Identify and consider any surplus property owned by the district that can be used as a schoolsite or that is available for sale to finance school facilities. (2) Identify and consider the extent to which projected enrollment growth may be accommodated by excess capacity in existing facilities. (3) Identify and consider local sources other than fees, charges, dedications, or other requirements imposed on residential construction available to finance the construction or reconstruction of school facilities needed to accommodate any growth in enrollment attributable to the construction of new residential units. (c) The governing board shall adopt the school facility needs analysis by resolution at a public hearing. The school facilities needs analysis may not be adopted until the school facilities needs analysis in its final form has been made available to the public for a period of not less than 30 days during which time the school facilities needs analysis shall be provided to the local agency responsible for land use planning for its review and comment. Prior to the adoption of the school facilities needs analysis, the public shall have the opportunity to review and comment on the school facilities needs analysis and the governing board shall respond to written comments it receives regarding the school facilities needs analysis. (d) Notice of the time and place of the hearing, including the location and procedure for viewing or requesting a copy of the proposed school facilities needs analysis and any proposed revision of the school facilities needs analysis, shall be published in at least one newspaper of general circulation within the jurisdiction of the school district that is conducting the hearing no less than 30 days prior to the hearing. If there is no paper of general circulation, the notice shall be posted in at least three conspicuous public 7 places within the jurisdiction of the school district not less than 30 days prior to the hearing. In addition to these notice requirements, the governing board shall mail a copy of the school facilities needs analysis and any proposed revision to the school facilities needs analysis not less than 30 days prior to the hearing to any person who has made a written request if the written request was made 45 days prior to the hearing. The governing board may charge a fee reasonably related to the cost of providing these materials to those persons who request the school facilities needs analysis or revision. (e) The school facilities needs analysis may be revised at any time in the same manner, and the revision is subject to the same conditions and requirements, applicable to the adoption of the school facilities needs analysis. (f) A fee, charge, dedication, or other requirement in an amount authorized by this section or Section 65995.7, shall be adopted by a resolution of the governing board as part of the adoption or revision of the school facilities needs analysis and may not be effective for more than one year. Notwithstanding subdivision (a) of Section 17621 of the Education Code, or any other provision of law, the fee, charge, dedication, or other requirement authorized by the resolution shall take effect immediately after the adoption of the resolution. (g) Division 13 (commencing with Section 21000) of the Public Resources Code may not apply to the preparation, adoption, or update of the school facilities needs analysis, or adoption of the resolution specified in this section. (h) Notice and hearing requirements other than those provided in this section may not be applicable to the adoption or revision of a school facilities needs analysis or the resolutions adopted pursuant to this section. 65995.7. (a) (1) If state funds for new school facility construction are not available, the governing board of a school district that complies with Section 65995.5 may increase the alternative fee, charge, dedication, or other requirement calculated pursuant to subdivision (c) of Section 65995.5 by an amount that may not exceed the amount calculated pursuant to subdivision (c) of Section 65995.5, except that for the purposes of calculating this additional amount, the amount identified in paragraph (2) of subdivision (c) of Section 65995.5 may not be subtracted from the amount determined pursuant to paragraph (1) of subdivision (c) of Section 65995.5. For purposes of this section, state funds are not available if the State Allocation Board is no longer approving apportionments for new construction pursuant to Article 5 (commencing with Section 17072.20) of Chapter 12.5 of Part 10 of the Education Code due to a lack of funds available for new construction. Upon making a determination that state funds are no longer available, the State Allocation Board shall notify the Secretary of the Senate and the Chief Clerk of the Assembly, in writing, of that determination and the date when state funds are no longer available for publication in the respective journal of each house. For the purposes of making this determination, the board shall not consider whether funds are available for, or whether it is making preliminary apportionments or final apportionments pursuant to, Article 11 (commencing with Section 17078.10) . (2) Paragraph (1) shall become inoperative commencing on the effective date of the measure that amended this section to add this paragraph, and shall remain inoperative through the earlier of either of the following: (A) November 5, 2002, if the voters reject the Kindergarten University Public Education Facilities Bond Act of 2002, after which date paragraph (1) shall again become operative. (B) The date of the 2004 direct primary election after which date paragraph (1) shall again become operative. (3) Paragraph (1) shall become inoperative commencing on the effective date of the measure that amended this section to add this paragraph, and shall remain inoperative through December 31, 2014, after which date paragraph (1) shall again become operative, except that it may become operative sooner in either of the following circumstances: (A) A statewide school facilities bond passes before December 31, 2014, in which case paragraph (1) shall become operative upon certification of the election in which the voters approved the bond. (B) A statewide school facilities bond has not been placed on the ballot for the November 4, 2014, statewide general election by August 31, 2014, in which case paragraph (1) shall become operative on September 1, 2014 . (b) A governing board may offer a reimbursement election to the person subject to the fee, charge, dedication, or other requirement that provides the person with the right to monetary reimbursement of the supplemental amount authorized by this section, to the extent that the district receives funds from state sources for construction of the facilities for which that amount was required, less any amount expended by the district for interim housing. At the option of the person subject to the fee, charge, dedication, or other requirement the reimbursement election may be made on a tract or lot basis. Reimbursement of available funds shall be made within 30 days as they are received by the district. (c) A governing board may offer the person 8 subject to the fee, charge, dedication, or other requirement an opportunity to negotiate an alternative reimbursement agreement if the terms of the agreement are mutually agreed upon. (d) A governing board may provide that the rights granted by the reimbursement election or the alternative reimbursement agreement are assignable. 65996. (a) Notwithstanding Section 65858, or Division 13 (commencing with Section 21000) of the Public Resources Code, or any other provision of state or local law, the following provisions shall be the exclusive methods of considering and mitigating impacts on school facilities that occur or might occur as a result of any legislative or adjudicative act, or both, by any state or local agency involving, but not limited to, the planning, use, or development of real property or any change of governmental organization or reorganization, as defined in Section 56021 or 56073 : (1) Section 17620 of the Education Code. (2) Chapter 4 .7 (commencing with Section 65970) of Division 1 of Title 7. (b) The provisions of this chapter are hereby deemed to provide full and complete school facilities mitigation and, notwithstanding Section 65858, or Division 13 (commencing with Section 21000) of the Public Resources Code, or any other provision of state or local law, a state or local agency may not deny or refuse to approve a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property or any change in governmental organization or reorganization, as defined in Section 56021 or 56073, on the basis that school facilities are inadequate. (c) For purposes of this section, "school facilities" means any school- related consideration relating to a school district's ability to accommodate enrollment. (d) Nothing in this chapter shall be interpreted to limit or prohibit the ability of a local agency to utilize other methods to provide school facilities if these methods are not levied or imposed in connection with, or made a condition of, a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property or a change in governmental organization or reorganization, as defined in Section 56021 or 56073. Nothing in this chapter shall be interpreted to limit or prohibit the assessment or reassessment of property in conjunction with ad valorum taxes, or the placement of a parcel on the secured roll in conjunction with qualified special taxes as that term is used in Section 50079. (e) Nothing in this section shall be interpreted to limit or prohibit the ability of a local agency to mitigate the impacts of land use approvals other than on the need for school facilities, as defined in this section. (f) This section shall become inoperative during any time that Section 65997 is operative and this section shall become operative at any time that Section 65997 is inoperative. 65997. (a) The following provisions shall be the exclusive methods of mitigating environmental effects related to the adequacy of school facilities when considering the approval or the establishment of conditions for the approval of a development project, as defined in Section 17620 of the Education Code, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code: (1) Chapter 12 (commencing with Section 17000) of, or Chapter 12.5 (commencing with Section 17070.10) of, Part 10 of the Education Code. (2) Chapter 14 (commencing with Section 17085) of Part 10 of the Education Code. (3) Chapter 18 (commencing with Section 17170) of Part 10 of the Education Code. (4) Article 2.5 (commencing with Section 17430) of Chapter 4 of Part 10.5 of the Education Code. (5) Section 17620 of the Education Code. (6) Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5. (7) Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7. (b) A public agency may not, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code or Division 2 (commencing with Section 66410) of this code, deny approval of a project on the basis of the adequacy of school facilities. (c) (1) This section shall become operative on or after any statewide election in 2012, if a statewide general obligation bond measure submitted for voter approval in 2012 or thereafter that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved. (2) (A) This section shall become inoperative if subsequent to the failure of a general obligation bond measure described in paragraph (1) a statewide general bond measure as described in paragraph (1) is approved by the voters. (B) Thereafter, this section shall become operative if a statewide general obligation bond measure submitted for voter approval that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved and shall become inoperative if subsequent to the failure of the general obligation bond measure a statewide bond measure as described in this subparagraph is approved by the voters. (d) Notwithstanding any other provision of law, a public agency 9 may deny or refuse to approve a legislative act involving, but not limited to, the planning, use, or development of real property, on the basis that school facilities are inadequate, except that a public agency may not require the payment or satisfaction of a fee, charge, dedication, or other financial requirement in excess of that levied or imposed pursuant to Section 65995 and, if applicable, any amounts specified in Sections 65995.5 or 65995.7. 65998. (a) Nothing in this chapter or in Section 17620 of the Education Code shall be interpreted to limit or prohibit the authority of a local agency to reserve or designate real property for a schoolsite. (b) Nothing in this chapter or in Section 17620 of the Education Code shall be interpreted to limit or prohibit the ability of a local agency to mitigate the impacts of a land use approval involving, but not limited to, the planning, use, or development of real property other than on the need for school facilities. 10 From: kerriechabotcomcast.net Sent: Tuesday, December 15, 2015 11:19 AM To: Abe; david; Cm D Flaubert personal; Linda Smith; city @dublin.ca.gov; Don Biddle; Dbiddle; Kevin Hart; Doreen Wehrenberg Cc: Caroline Soto; Arun Goel Subject: Council meeting tonight. Please read into the minutes • { 2 From: Elaine M Koller r _-.---•••, Sent: Tuesday, December 15, 2015 10:01 AM To: Danielle Diaz Subject: Schaefer Ranch General Plan Amendment- AGAINST Dear _ _. Dublin city council: Have you personally been up to the plot of land where Discovery builders wants to cram 19 homes? Have you noticed it is perhaps the only plot of land in our great city that has a dead on view of San Francisco and the bay? Schaefer Ranch is a special place, and to ruin such a beautiful and unique terminus to Dublin Blvd with more suburban sprawl cookie-cutter homes is a disgrace for several reasons. First, Homes on the east side sell for 2 million dollars in gated community without a view. Imagine what building 6 custom homes on a large lot with a clear view of the city would mean to the right buyer? Believe it or not, some homeowners appreciate large yards and a neighbor whose window they can't reach out and touch. Also,the builder falsely advertises 10 acres of"open space." Nobody can utilize this steep canyon of open space. It's practically a 60 degree angle straight up in which no homeowner could beneficially use their property. I've lived in Schaefer Ranch for 4 years and I love my community. But we are at a point where Dublin is growing too fast. Perhaps Schaefer contributed to this. I question the city council's dedication to our town by approving 19 more homes when you've just crammed a Pulte community with homes built on top of each other in between a freeway onramp, a gas station, a butter factory and a busy restaurant. That is going to bring more than 100 more cars on a daily basis to the already overcrowded Dublin Blvd.-San Ramon Rd. intersection... and that does not even begin to include the congestion the new condos along Regional Street will bring to the west side. Did you know it already takes me 15-20 minutes to drive 3 miles to Safeway? Please, I ask that you consider what building private estates can do for our community. If the city council truly believes what it says on it's website--that it's "everything you want in your own back yard" then you'll abolish this ridiculous request by Discovery builders to cram more characterless homes in an already overcrowded community. The end of Dublin Blvd with its beautiful San Francisco skyline view is exclusive and should be treated as such. I expect our city council to do what's right for our neigborhood and turn away the builder no matter how "sweet" the deal. Thank you for your consideration, Elaine and John Koller ps: you may read this at the open meeting