HomeMy WebLinkAbout7.1 Dougherty Hills Open Space CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 11, -1985 _
SUBJECT Dougherty Hills Open Space
EXHIBITS ATTACHED 1 ) Letter from Judy Alexander dated February 4 , 1985
2 ) Boundary Sketch
3 ) Plan to be available at City Council meeting
RECOMMENDATION prove in concept the acceptance of the 90+ acre site
subject to the following conditions :
1 ) The developers secure the site with fencing
2 ) Maintenance of the parcel be incorporated into an
assessment district including Tract 4719 (150
single family homes) and- Tract 5180 (Amador Lakes )
FINANCIAL STATEMENT: See discussion below
DESCRIPTION The developers of Tract 4719 (in conjunction with the
developers of Tract 5180) have suggested that Dublin accept the open space
(90 + acres ) within Tract 4719 with the understanding that the maintenance
be paid for by an assessment district covering the new neighborhoods .
This parcel represents one of the largest parcels of open ground within the
City limits and , as such, can become a valuable resource to the residents of
Dublin for visual open space and , if further developed, into active
recreation uses such as hiking , picnicing, etc .
The site rises dramatically along the northeastern corner of the City
allowing viewing of all of Dublin and the surrounding cities from the
ridgeline .
Should the City accept this offer, which may be unique because of its size
and being presently under one ownership , the parcel could be put into a land
bank for future recreational development once its specific uses are
determined .
Financial Implications
Scenario -l : If the City accepted the land at this time and land banked
the property for future recreational uses, the costs would
be as follows :
Costs Borne by Assessment District
Weed Abatement $ 8 ,000/year
Litter Pick-up 2 ,000/year
Drainage Maintenance 2 ,000/year
Sub-Total $12 ,000/year
Repair of Slope Failures could vary
With the exception of increased liability exposure , the additional costs to
the City would be minimal if any , under this scenario . With a site that is
completely fenced off , additional police services required would be
negligible . The City' s insurance broker has indicated that there would be
little or no increase in the City ' s insurance premium because the City oI
Dublin is paying what amounts to a minimum insurance premium at this time :
All other costs would be assumed by the @�ssessment district .
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COPIES TO : Judy Alexander
ITEM N0. / Nahas & Rafanelli
AGENDA STATEMENT : Dougherty Hills Open Space
Page 2
Scenario 2 : The City develops the 90 acres for park use . The assessment
district would continue to bear those maintenance costs
identified in Scenario 1 . Costs to the City would include
park design , improvement , maintenance costs over and above
those required in Scenario 1 , a 4-wheel drive vehicle (*) to
provide a higher level of police patrol . With respect to
insurance , additional insurance costs would be minimal for
the same reasons identified above . The costs for this
scenario are undetermined at this time , and could vary
greatly depending upon level of improvement .
(*) This vehicle could also be utilized as a routine patrol vehicle when
increases in police personnel necessitate additional vehicles .
Staff' would recommend acceptance of this offer, in concept , with the
stipulation that security and safety fencing be first installed by the
developer and that this parcel be put into a maintenance assessment district
covered by the immediate local neighborhood (Tracts 4719 and 5180) . Should
Council decide to accept this parcel offer, Staff would work out details of
the transfer and maintenance and bring the item back to the Council for
formal approval .
f
ti. LAW OFFICES OF
i RY, MADISON & SUTRO
PILLSBU
SUITE 800 :C �. - •:,x„ WASHINGTON.O.C.
.SAN FRANCISCO ;... . ",a
�.-- - - 1030 SEVENTEENTH STREET,N.W.
22S BUSH STREET 333 WEST SANTA CLARA STREET WASHINGTON,O.C.20036
SAN FRANCISCO,CALIFORNIA 94104 _ TELEPHONE(202)887-0300
TELEPHONE(415) 983-1000 SAN JOSE,CALIFORNIA 9SI13 "
LOS ANGELES
TELEPHONE(408) 947-4000 " 700 SOUTH FLOWER STREET
WRITERS DIRECT DIAL NUMBER TELECOPIER (408) 287-8341 LOS ANGELES,CALIFORNIA 90017 ^
TELEPHONE(2131 829-9SOO
February 4, 1985
Subdivision Name: Dublin
:. . Hills, . Lot 153,-.Tract 4719
Alameda County
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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!8 acres developed as .a park and
. •dedicated .tote City
Lot 153: Large, hillside tract adjacent to
the single �amfly .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.
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
r f Lot °'151 was then sold to ..Amador. Lakes As
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)
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 7
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 .
t
:.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-
7V 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.
s N1
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-
itie's .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-y 4
'}ers `of he s ingle-famil y 'residences pursuant ;tohe assessment
schedule for•.the maintenance district ':Thus costs would .be
shared .just as they ;are to be shared ,if maintenance and insur-
ance ' s associations.' ';.However,
"are handled by the homeowner . '
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,
Judy Alexander
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f ENERAL`PROYISIONS h ,,
1436th ZONIN G UNIT
July 20, 1,981 s•F r
••:. 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. '� - - ._, -
I1 conditions of a ocoval for.Tract 4719 are incor orated b reference as General
Provisions of this reclassification.
J.
:'../
3. ;' .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 �geologlc
investigation report shall be approved by the Director of Public Works••.Gr�ding
_• shall be completed in accordance with this plan'to-the satisfac'aon Of the Director
to Public Works.,: Grading transitions from natural slopes to:graded sloops
Stagecoach Road shall be approved by the Planning Director and completed to t'he
satisfaction o t`n Planning Director.
-- 4.Ey Prior'to•fi?ino the Final ZViap;=the following shill be done:
<.� z. p, de+a;te-d.lanCSCape plan, prepared by a registered landscace arc ,i: , st-11
b°_ approved by the Flanning Director.
p. be na'ntalneci at tie aevelcce:'s e:C�ense L^:_'!pIl Ic' CXa^:n° s +a
0
lc^csc=:; 1Q hZs been fully lnsall°_^_ and•estahl—Ish d and
iicve been aCc_ctz^ b;� the EOG:C Cf 5UpervicCrs. lCcSn iZ: Oi r.a .:
res�ersi�ility to the homeowners association or individual homec'�n•e: s�+ell
net ccr-,r untie re^uiremerits of this prevision and the la:,c5czcii^:g plan a:_
(b.' A homeo•�ne:s association encompassing all lots in this project s all be
formed. CCt�Rs for e_ch lot shall be approved by the Planning Directs.
CC&_Rs for said Association shall require that: _
: 1) payment of dues and assessments shall be both a lien a;ainst the
assessed land and a personal obligation of each property owner; _
• (2) 'Tne.Asscciation shall take fee title to Parcel 154. :
w
t`3) The Association maintain all common areas in good repair, srcluding
- f�rzinaoe and �rosion control improvements, fences, and la ndscacing. .
J the Association shall maintain, through an appropriate easement, slope
areas on individual lots. The Association shall maintain fire breaks to
;
• the standards of Dublin San Ramon Se:'/ Fire De
iees District ^-r'—.+,•ent.
,
4 N tie Association shall keep the County Planning Departiment informed c
t`e CUr-e-It name, addres5, and phen+e' nur;n"-er of the Asscc:a::en's
cf_'icial representative; and
d. Developer sh::il decosit one-half the test of sipzlizatien at 5:agecozci Read
and Arnadcr Valley Bcult=yard to re-uirements o; the Director o; F-blic
Work:;. _ f
• IrrS.
Item 7. 1 Exhibit Two Missing
Boundary Sketch