HomeMy WebLinkAbout6.1 Dougherty Hills Open Space AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 11, 1985
SUBJECT: Dougherty Hills Open Space
EXHIBITS ATTACHED: 1 - Letter from Pillsbury, Madison &
Sutro dated 2/4/85
2 - Excerpt from General Provisions of
1486th Zoning Unit (Planned
Development Rezoning)
RECOMMENDATION: 1 - Establish a date for a field trip
to the Dougherty Hills Open Space
2 - Direct Staff to make arrangements
for a field trip to the Dougherty
Hills Open Space
FINANCIAL STATEMENT: Undetermined at this time
DESCRIPTION: Judy Alexander of Pillsbury, Madison and
Sutro is requesting, on behalf of Dublin Hills Partnership, that
the City consider accepting ownership of the open space on the
west side of the Dougherty Hills . The specific property is a
parcel of approximately 91 acres that was created with the KREMCO
Tentative Map (Tract 4719 ) and Planned Development Rezoning
(1486th Zoning Unit) .
Maintenance and insurance of the parcel is proposed to be handled
through the Maintenance Assessment District along Stagecoach
Road. Costs are proposed to be shared by the 150 Single Family
owners and the Amador Lakes owners .
The parcel was shown as Lot 154 on the Tentative Map, but the
number was changed to Lot 153 on the Final Map.
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The approved use of the parcel is limited to open space . General
Provisions No. 4 of the Planned Development Rezoning states, in
part, that:
A homeowners association encompassing all lots in this project
shall be formed.
The Association shall take fee title to Parcel 154 (the open
space ) .
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ITEM NO. �� COPIES TO:
Judy Alexander
The Association shall maintain: '
all common areas in good repair, including drainage and
erosion control improvements, fences, and landscaping
through an appropriate easement, slope areas on individual
lots
fire breaks to the standards of Dublin San Ramon Services
District Fire Department
In response to the request, Staff suggests that the City Council ,
Planning Commission, and Staff hold a field trip to visit the
parcel prior to acting on the offer of dedication . An on-site
visit would help the City Council review the potential merits and
concerns of the request. Various issues could be explored, such
as use of property for trails or picnicing; views;
security/safety; access ; maintenance; and liability.
After the field trip, the City Council could determine whether or
not to pursue the request. If the City Council decides to pursue
the request, the Zoning Ordinance provides that Minor
Modifications to a Planned Development Rezoning may be processed
through a Conditional Use Permit. Any other modification would
need to be processed through a Planned Development Rezoning.
The Staff also notes two 'corrections to the information contained
in the letter of request:
1) Lot 152 is approximately 0 . 75 acres to be developed as a
park and dedicated to the City, rather than a 1. 8 acre parcel .
2 ) The proposed CC & R ' s (Conditions, Covenants and
Restrictions ) for the project were reviewed by Staff in February
1984 . Staff provided a list of corrections . In March 1984 Staff
received a letter stating that the corrected CC & R' s would be
provided. Staff has not yet received the corrected CC & R ' s .
The CC & R ' s need to be submitted for Staff review and approval .
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LAW OFFICES OF
PILLSBURY, MADISON & SUTRO
SAN FRANCISCO SUITE 800 WASHINGTON,D.C.
225 BUSH STREET 1050 SEVENTEENTH STREET,N.W.
SAN FRANCISCO,CALIFORNIA 94104 333 WEST SANTA CLARA STREET WASHINGTON,D.C.20036
TELEPHONE(415) 983-1000 TELEPHONE(202) 887-0300
SAN JOSE,CALIFORNIA 95113
TELEPHONE(408) 947-4000 LOS ANGELES
700 SOUTH FLOWER STREET
WRITERS DIRECT DIAL NUMBER TELECOPIER (408) 287-8341 LOS ANGELES,CALIFORNIA 90017
TELEPHONE(213) 629-9500
February 4, 1985
Subdivision Name: Dublin
Hills, Lot 153, Tract 4719
Alameda County
City of Dublin
RECEIVED
City of Dublin FEB 51985
P.O. Box 2340
Dublin, California 94568 CITY OF DUBLIN
ATTENTION: Richard Ambrose, City Manager
Gentlemen:
At the suggestion of Lee Thompson, City Engineer,
I am writing to you with regard to the disposition of Lot 153
of Tract 4719 in the Dublin Hills Subdivision.
As a preface to the proposal on behalf of our client,
Dublin Hills Partnership, let me briefly summarize the relevant
history with regard to Lot 153 . Tract 4719 is an 180 acre par-
cel subdivided into 153 lots as follows:
Lots 1 - 150: To be developed as detached single
family units
Lot 151: Further subdivided for condominiums
Lot 152: -1<6- acres developed as a park and
dedicated to the City
Lot 153: Large, hillside tract adjacent to
the single family residence lots to
be left as open space
As a condition to approval of the final map for
Tract 4719, a homeowner' s association encompassing all of the
lots in the tract was to be formed, and title to Lot 153 was
to be conveyed to this homeowner' s association.
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City of Dublin
February 4, 1985 - Page Two
In 1983 the City of Dublin approved the final map
for Tract 4719, which was recorded in January of 1984 . On
the final map, owner Lee certified that he had dedicated
Lot 153 to a homeowner' s association for Lots 1 through 150 .
However, no such association had been formed at the time the
final map was approved and recorded.
Lot 151 was then sold to Amador Lakes Associates
and resubdivided as Tract 5180. The final map for Tract 5180
was approved by the City and recorded on July 25, 1984 . A
homeowner 's association was formed (but not incorporated) for
the condominiums built on Lot 151, and CC&Rs were recorded on
July 26, 1984 .
In July of 1984, Dublin Hills Partnership acquired
an option to purchase Lots 1 - 150 in phases . Prior to exer-
cising its option to purchase the first phase, it was discovered
that the disposition of Lot 153 satisfied neither the tentative
map nor the final map conditions (which conditions contradict
one another) . In an effort to resolve this problem, CC&Rs for
a homeowner' s association for Lots 1 - 150 were quickly drafted
and approved by the City, and Lot 153 was conveyed to this
unincorporated association and the previously mentioned unin-
corporated association for the Lot 151 condominiums.
The current state of title to Lot 153 technically
satisfies the requirements set forth in the conditions of
tentative map approval . However, it creates significant
problems which can be avoided by an alternative disposition
of Lot 153 .
A homeowner' s association of Lots 1 - 150 is entirely
unnecessary except as a vehicle to hold title to Lot 153 and
share maintenance responsibilities for that lot. To cover its
share of maintenance, the association will have to collect fees
and hire help. In addition, the formation of such an associa-
tion transforms Lots 1 - 150 into a "Common Interest Subdivi-
sion" and this burdens Dublin Hills Partnership with the cumber-
some responsibility to obtain a Department of Real Estate "White
Report" before it can sell any houses built on those lots.
All involved agree that Lot 153 should remain open
space. The only issues are how title should be held, 'and how
the responsibility for maintaining the land should be handled.
City of Dublin
February 4 , 1985 - Page Three
We propose that title to Lot 153 be conveyed to the City of
Dublin, and that all maintenance and insurance responsibil-
ities be assumed by the already-existing maintenance and
assessment district formed to maintain the lighting and
landscaping along Stagecoach Road. If this proposal were
implemented, maintenance and insurance costs would be
shared by the owners of the Lot 151 condominiums and the own-
ers of the single family residences pursuant to the assessment
schedule for the maintenance district. Thus costs would be
shared just as they -are to be shared if maintenance and insur-
ance are handled by the homeowner' s associations. However,
fees could be collected through an established process and
maintenance could be handled by persons already hired to
maintain the Stagecoach Road landscaping.
In discussing this matter with Lee Thompson, he
suggested that title to Lot 153 be held by the homeowner' s
associations with the City being granted an open space ease-
ment, and with maintenance handled by the maintenance dis-
trict. This alternative is not acceptable to our client, as
it would require both preparation of papers to modify the
maintenance district and satisfaction of all requirements
of the Subdivided Lands Act to obtain a White Report from
the Department of Real Estate.
Thank you in advance for your consideration of this
proposal. If you have any questions, please feel free to call
me or Toni Wise at (408) 947-4000. I will be meeting with Lee
Thompson in the City offices on Wednesday morning, and I would
be happy to discuss this proposal with you at that time.
Very truly yours,
N44� aLL�_�
Judy Alexander
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EXHIBFI' C -
GENERAL PROVISIONS
1436th ZONING UNIT
July 20, 1981
1• The Final Map of Tract 4719 shall be filed with the County Recorder of Alameda
County prior -to ..commencement of any '.improvement in the 'project; with the
exception _of . grading• and -'improvements related thereto: and extension of :
-Stagecoach Road. :'
All conditions of•aporoval for-Tract 4719 are incorporated by reference'as General l`
Provisions of this reclassification.
Prior_�to-any_grading; a detailed construction grading plan and soil erosion and
_•°:::; sedimentation control plan prepared by a Civil Engineer in accordance with maps .
-:. and :provisions '`of this 'reclassification `and the project=soils and geologic
investigation report shall be 'approved by the Director of Public Works. :Grading
shall be completed in accordance with this plan to the satisfaction of the Director
=_of Public Works. Grading transitions from natural slopes to-graded slopes above
- Stagecoach Road shall be approved by the Planning Director and completed to the
satisfaction of.the Planning Director.'
4. 'i Prior to filing the Final Map;'the following shall be done:
ti r;
era a. A detailed-landscape plan, prepared by a registered landscape arc:�itect, shall
be approved by the Planning Director.
All 'landscaping Sall be malntalned at the developer's e.N-ense un•
landscaping has been fully installed and-establ!sred and final impr;ve.:�ent�
have been accepted by the 1✓Oard Of SucervLOCs. Tran5ter of ma'_f:terianc'
responsibility to the homeowners association or individual homeo'w �ers S ,all
not OCC :r unt'_1 requirements Of tells provision and the land5caping plan ar e
met. . .
�b.' A homeowners association encompassing all lots in this project shall be
formed. CCRs for each lot shall be approved by the Planning Director.
CC&Rs for said Association shall require that:
1) payment of dues and assessments shall be both a lien against the
assessed land and a personal obligation of each property owner;
2) `Tne-Association shall take fee title to Parcel 154.
The Association maintain all common areas in good repair, including
drainage and ejrosion control improvements, fences, and landscaping.
l The Assccia Lion shall maintain, through an appropriate easement, slope
areas on individual lots. The Association shall maintain fire breaks to
the standards of Dublin San Ramon Services District Fire Departrnent.
4) the Association shall keep the County Planning Department infermm,ec c
the current name, address, and phone* number of the Association's
official representative; and
d_ Developer shall deposit one-half the cost of si,nalization at Stagecoach Road
and Amador Valley Boulevard to requirements of the Director of Public
Works. f
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