HomeMy WebLinkAbout8.1 Modify Rosolution 78-96
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 4, 1998
SUBJECT:
Confirmation of Community Development Director's decision to
modify a portion of Condition "I" of Resolution 78-96 relating to
timing of school mitigation agreements (Schaefer Ranch Pre-Zoning
Appr,?val) and approval of agreement with developer assurances
(Report Prepared by Eddie Peabody, Jr., Community Development
Director)
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1. Attachment A - Letter from Schaefer Heights, Inc. Dated 7/24/98
2. Attachment B - Letter from Community Development Director
Dated 7/28/98 Approving Planned Development Minor
Amendment
3. Attachment C - Agreement between City of Dublin and
Schaefer Ranch Project Owner regarding school impact
mitigation and memorandum of agreement
4. Attachment D - Letter from Castro Valley Unified School
District, Dated July 27, 1998
5. Attachment E - Letter from Schaefer Heights, Inc. Dated July 24,
1998 (no appeal of conditions on tentative map)
EXIDBITS ATTACHED:
.
RECOMMENDATION:
a. Confirm Community Development Director's decision to grant a
minor amendment to condition "I" as noted in Attachment B.
b. Approve agreement and memorandum of agreement regarding
assurances related to school mitigation (Attachment C) and
authorize the City Manager to sign the memorandum
FINANCIAL STATEMENT:
None
BACKGROUND:
The applicant, Schaefer Heights, Inc. has requested that the timing of school mitigation agreements for the
Schaefer Ranch project take place prior to the City Council approval of the first final map rather than at
the project tentative map approval. Resolution 78-96 approving the Planned Development Zoning for this
property required that the issue of attendance areas between the Castro Valley Unified School District and
the Dublin Unified School District be resolved before the occupancy of any residential units. The
applicant is working to resolve this issue with the Castro Valley Unified School District and has entered
into a contractual agreement with the Dublin Unified School District (see item on August 4th consent
calendar).
4It-----------------------C()PUEST()~---b;H~;.~Diririb~ti;;--------------
Robert Y ohai, Schaefer Heights Inc.
ITEM NO~ - - 8.1-
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The City has received adequate assurances from Schaefer Heights, Inc. and the Castro Valley Unifieq
School District regarding this issue. They are:
· An Agreement between the City of Dublin and Schaefer Heights, Inc. that the developer will enter .
into an agreement with the affected school districts prior to City COWlcil approval of the first final
map; not challenge any conditions on the subdivision map related to written school mitigation
agreements; will hold the City harmless and indemnify the city for any legal costs of challenges;
and pay the current mitigation fees being charged by the affected school districts at the time of
building permits (Attachment C). A memorandum of the agreement will be recorded.
· A letter from the Castro Valley Unified School District confirming their agreement that the issue
oftiming of school mitigation agreements can be moved to the first final map stage of the
entitlement process (Attachment D).
· A letter from Schaefer Heights, Inc., agreeing to not challenge any condition on the subdivision
map related to requirements covering school mitigation agreement (Attachment E).
· A signed contractual agreement for school mitigation with the Dublin Unified School District (see
item on August 4th consent calendar).
As a result of these assurances and evaluation of the request in light of the intent of the COWlcil approval
of Resolution 78-96, the Community Development Director has determined the following (Attachment
B):
· The request of Schaefer Heights, Inc. does comply with and does not change the intent of the
adopted Planned Development Ordinance for the site.
.
· Upon confirmation by the City COWlcil, this minor amendment is approved.
RECOMMENDATION:
By motion, confirm the Community Development Director's decision to grant a minor amendment to
condition "I" as noted in Attachment B, and approve agreement and memorandum of agreement regarding
assurances related to school mitigation (Attachment C) and authorize the City Manager to sign the
memorandum.
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SCHAEFER HEIGHTS, INC.
155 Filbert Street, Suite 200
Oakland, CA 94607
Telephone: (510) 893-8186
Facsimile: (510) 893-0205
J r6 I'll
July 24, 1998
Mr. Eddie Peabody
Director of Community Development
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Schaefer Ranch Pre-Zoning Approval (Reso. No. 78-96)
Dear Mr. Peabody:
Schaefer Heights, Inc., the applicant under the above-referenced subdivision map
application, and the owners of the Schaefer Ranch property, Schaefer Heights, Inc.,
Robert J. Yohai, Sal S. Zagari, Dennis Gibbs, Laurie Gibbs and Otto Schaefer, Jr., hereby
request that the Dublin City Council amend the second paragraph of Condition "f' of
Resolution No. 78-96 as follows:
In compliance with the above policies, prior to City Council approval of the first
final map for the project, all developer(s) of property subject to the Prezoning shall
enter into a written mitigation agreement with the affected school district(s), and
present satisfactory evidence of such agreement(s) to the City. The mitigation
agreement(s) shall establish the method and manner of financing and/or
constructing school facilities necessary to serve the student population generated
by the development. The ID;itigation agreement(s) shall address the level of .
mitigation necessary, the amount of any school impact fees, the tiIDe of payment of
.. such fees and similar matters. The City may be a party to any such agreenient( s)
only for the purposes of assuring unifonoity with respect to different property
owners and appropriate land use planning.. If the property has not been
transferred from the Castro Valley Joint Unified School District to the Dublin
Unified School District by the time of City Council approval of the first final map,
a mitigation agreement shall be required with the Castro Valley Joint Unified
School District as well as with the Dublin Unified School District.
Sincerely,
SC
CIATES, by scHAEFER HEIGfITS, INC.
..
By:
ATTACMMEtiT A
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.~~~V'.ffill CITY OF DUBLIN
~:j p.o. Box 2340, Dublin, California 94568
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City Offices, 100 Civic Plaza. Dublin, California 94568
July 28, 1998
MI. Robert Y ohai
Schaefer Heights, Inc.
155 Filbert Street, Suite 200
Oakland, CA 94607-2531
RE: Planned Development Minor Amendment to modify General Provisions I of Resolution 78-
96 of the City Council to School Facilities Impact Mitigation.
Dear Mr. Yohai:
.
TIlls is to notify you that I have reviewed your request for a Minor Amendment to General
Provision I of Resolution 78-96 of the Dublin City Council relating to School Facilities Impact
Mitigation approved by the City Council on July 9, 1996 for P A 96-037. The text of the section
proposed to be chailged is as follows with ~e new text underlined:
1. School Facilities Impact Mitigation Provision
The Dublin General Plan addresses the City's cooperation with the Dublin Unified School
District to ensure the adequate provision of school facilities in the Extended Planning Area
... The Schaefer Ranch EIR requires the issue of attendance areas between the Castro Valley
Joint Unified School District and the Dublin Unified School District be resolvedprior to
occupancy of any residential units. It also requires the project's Development Agreement to
provide for the applicant's payment of fees to cover the cost of additional students generated
by the project. Because statutory fees authorized by Government Code Sections 53080 and
65995 are inadequate to mitigate the effects of new development on the Dublin Unified
School District and the Castro Valley Joint Unified School District, the City of Dublin
intends to require that development within the Schaefer Ranch project component of the
Western Dublin Extended Planning Area mitigate impacts on affected school districts
required to serve student population generated by new development.
.
In compliance with the above policies, prior to' City Council approval of the first fmal map
for the uroiect Tcnbth'c SU8di~:isioB Map, or the City's acceptaBce of ~^.:l'.lBeKJ.tioB of the
prejolO:{ site to the City, ~.'.'hic:acvei comes :rrst, all developerW of property subject to the
Prezoning shall enter into a written mitigation agreement with the affected school districtW
and present satisfactory evidence of such agreementW to the City. The mitigation
agreementW shall establish the method and manner of financing and/or constructing school
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facilities necessary to serve the student population generated by the development. The
mitigation agreement shall address the level of mitigation necessary, the amount of any .
school impact fees, the time of payment of any such fees and similar matters. The City may
be party to any such agreement~ only for the purposes of assuring uniformity with respect
to different property owners and appropriate land use planning. If the property has not been
transferred from the Castro Valley Joint Unified School District to the Dublin Unified
School District bv the time of City Council approval of the first final map. a miti!!ation
alrreement shall be required with ~e Castro Valley Joint Unified School District as well as
with the Dublin Unified School District.
Section 8.32.080, Amendments, of the Zoning Ordinance states in part that the Director of
Community Development may by administrative action approve minor amendments to an adopted
Development Plan upon a fmding that the amendment substantially complies with and does not
materially change the provisions or intent of the adopted Planned Development Zoning District
Ordinance for the site:
Mr. Robert Y ohai of Schaefer Heights, Inc., has submitted a written request dated July 24, 1998, for
a Minor Amendment to modify General Provision I of Resolution 78-96 of the Dublin City Cotll1cil
relating to School Facilities Impact Mitigation approved by the City Council on July 9, 1996 for P A
96-037. Based on an analysis of that request, the Director of Community Development has
determined, as provided for by Zoning Ordinance Section 8.32.080, that the proposed text
modification to the Planned Development for Schaefer Ranch substantially complies with and does
not materially change the provisions or intent of the adopted Planned Development Zoning District .
Ordinance for the site adopted by the City Council on July 9, 1996. Upon confirmation of my
decision by the City Council at their August 4, 1998 meeting, the requested Minor Amendment to
the Schaefer Ranch Development Plan to modify General Provisions I is hereby approved.
If you have any questions concerning this matter, please do not hesitate to call me at (510) 833-
6610.
Sincerely,
~~!:f'1 ,~
Community Development Director
cc: Planned Development Minor Amendment File
P A-96-037
City Council
Planning Commission
g:pa96-037/pdamend
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AGREEMENT BETWEEN THE CITY OF DUBLIN
AND SCHAEFER RANCH PROJECT OWNERS
RE SCHOOL IMP ACT MITIGATION
This Agreement is made and entered into thi~ day ~ 1998
between the City of Dublin, a municipal corporation ("City") and Schaefe Heights
Associates~ Robert 1. Y ohai, Sal S. Zagari, Dennis Gibbs, Laurie Gibbs an Otto Schaefer,
Jr. (collectively "Property Owners").
WHEREAS, the Property Owners are currently the fee title owners of that certain
undeveloped real property located in the City of Dublin consisting of approximately 500
acres and more thoroughly described in the boundary map attached hereto as Exhibit "A"
and incorporated herein by reference (hereafter "Schaefer Ranch Property").
WHEREAS, the Property Owners are currently applying for a vesting tentative
subdivision map for the Schaefer Ranch Property from the City allowing for the
development of approximately 465 units ("Schaefer Ranch Project").
.
WHEREAS, the parties desire to set forth their understanding and agreement with
respect to conditions of approval on the vesting tentative subdivision map as they relate to
mitigating the impact the Schaefer Ranch Project will have on affected school district(s).
WHEREAS, the Property Owners have requested that a condition of approval be
placed on the vesting tentative subdivision map for the Schaefer Ranch Project providing
that, prior to City Council approval ofthe first final map for the project, all developer(s) of
the Schaefer Ranch property shall enter into a written mitigation agreement with the.
affected school district( s), and shall present satisfactory evidence of such agreement to the
City.
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. The Property Owners voluntarily agree that, prior to City Council approval of
the first final map for the project, all developer(s) of the Schaefer Ranch property shall
enter into a written mitigation agreement with the affected school district(s) (which would
be Castro Valley Unified School District unless the Schaefer Ranch property has been
transferred to the Dublin Unified School District), and shall present satisfactory evidence
of such agreement to the City.
.
2. The Property Owners agree that they shall not administratively or judicially
challenge any condition of approval placed on the vesting tentative subdivision map for the
Schaefer Ranch Project that requires the developer(s) ofthe Schaefer Ranch property to
enter into a written mitigation agreement with the affected school district(s) prior to City
Council approval of the first final map for the project.
", '^- ...
ATTACHMENT ~
1
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3. The parties hereto agree that this Agreement shall inure to the benefit of and be
binding upon the successors, heirs, beneficiaries and permitted assigns of the parties
hereto.
.
4. In the event of any administrative, legal or equitable action or other proceeding
instituted by any person, entity or organization challenging the validity of the condition of
approval referenced in section 2 above or the validity or interpretation of this Agreement,
the Property Owners shall indemnify City against any and all attorneys fees and costs
arising out of the defense of such challenge, it being the intention of the parties that the
City shall not incur any costs as a result of Property Owners' request for the c~:mdition
referenced in section 2 above. .
5. Nothing in this Agreement shall be construed as preliminary or final approval of
any land use or related decision.
- 6. The Property Owners agree that, should the City Council approve the first final
map for the Schaefer Ranch Project prior to a school mitigation agreement being entered
into with the school district having jurisdiction of the Schaefer Ranch property, then, in
such event, the Property Owners shall pay, at issuance of building pennit, the then current
school impact mitigation fee being charged by the affected school district(s) on residential
development projects of similar size, density and product type as the Schaefer Ranch
Project which has been justified by an approved nexus facilities study which has been
prepared by the district.
7. The Property Owners expressly waive any claim or right they may have or may
allege to have to only pay the mitigation fee authorized under sections 65995 and 53080
of the Government Code (commonly referred to as the "Sterling fee").
.
. 8. Any notice which either party is required or may desire to give to the other shall
be in writing and shall be delivered in person or by mailing the same by registered mail,
postage prepaid, to the party to whom the notice is directed at the address of such party as
~~: .
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
Copy to:
Meyers, Nave, Riback,
Silver & WIlson
777 Davis Street, Suite 300
San Leandfo, CA 94577
Attn: Elizabeth Silver, City Attorney
.
Schaefer Heights Associates
155 Filbert Street, Suit~ 200-
Oakland, CA 9460i~.'-__ __-
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Robert J. Y ohai
155 Filbert Street, Suite 200
Oakland, CA 94607
Sal S. Zagari
155 Filbert Street, Suite 200
Oakland, C.A 94607
Dennis Gibbs
27101 Schaefer Ranch Road
Castro Valley, CA 94552
Laurie Gibbs
27101 Schaefer Ranch Road
Castro Valley, CA 94552
Otto Schaefer, Jr.
26901 Schaefer Ranch Road
Castro Valley, CA 94552
Copy to:
.
William. A Falik, Esq.
100 Tunnel Road
Berkeley, CA 94705
9. This Agreement supersedes any prior negotiations and agreements and contains
the entire agreement of the parties with respect to the subject matter hereof. No other
agreement, statement or promise made by any party or any employee, officer, or agent of
any party that is not in writing and signed by all the parties to this Agreement shall be
binding. -
10. Any Amendment to this Agreement shall be in writing and signed by all parties
hereto.
11. Time is of the essence of this Agreement and each provision hereof.
12. Any waiver, express or implied, by either party of any breach by the other
party or any term, covenant, or condition of this Agreement shall not be, or be construed
to be, a waiver of any subsequent breach of the same or another condition of this
Agreement.
.
13. If any provision of this Agreement or the application thereof to any person or
in any circumstances shall be invalid or unenforceable to any extent, the remainder of this
and the application of such provision to other persons or in other circumstances shall not
be affected thereby and shall be enforced to the greatest extent required by law.
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14. The effective date of this Agreement shall be the date upon which the last
signature to this Agreement is made.
15. The parties agree to execute and deliver any instruments in writing necessary .
to carry out any agreement, tenn, condition or assurance in this Agreement whenever the
occasion shall arise and request for such instruments shall be made.
16. This Agreement may be executed in counterparts, each of which shall be
deemed an'original, but all of which together shall constitute one and the same instrument.
17. Contemporaneously with the execution of this Agreement, a Memorandum of
this Agreement in the fonn attached hereto as Exhibit B shall be executed by the parties in
recordable fonn and shall be recorded by City within ten (10) days after the effective date
of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates set forth below.
Date:
APPROVED AS TO FORM:
Date: ~;; )4 ?
Date: f0g-
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Date: ?/zg) 7 r
Date: ? /2-8/ g F
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'Date: 7h 7 h1_
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City of Dublin
By:
By:
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City Attorney
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. far Offices of William A. Falik
~torney for Property Owners
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RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
LAW OFFICES OF WilLIAM A F ALIK
100 TUNNEL ROAD
BERKELEY, CA 94705
ATTN: WILLIAM AF ALIK
MEMORANDUM OF AGREEMENT
TIllS MEMORANDUM OF AGREEMENT is executed in connection with that
certain "Agreement between the City of Dublin and Schaefer Ranch Project Owners
re School Impact Mitigation" which was made and entered into on th~ day of
<fc,~ ' 1998 between the City of Dublin, a municipal corporation C'City") and
Scha e eights Associates, Robert J. Y ohai, Sal S. Zagari, Demus Gibbs, Laune Gibbs
and Otto Schaefer, Jr. (collectively "Property Owners") relating to those certain real
properties described in Exhibit <<A" attached hereto and made a part hereof
.
Such Agreement sets forth the parties' agreement with respect to the time in which
the Property Owners must enter into a school mitigation agreement with the affected
school district(s) in connection with the development of the Schaefer Ranch Project.
It is the intent of the parties, as set forth in the Agreement, that the rights and
obligations set forth therein shall be binding upon and inure to the benefit of the
successors, heirs and assigns of the parties hereto.
The parties agree to take whatever actions are necessary to remove this
Memorandum from the record upon the Property Owners entering into the school
mitigation agreement referenced above.
Date:
City of Dublin
By:
Date:7~~
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By:
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EXHIBIT B
of
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Date: 7 k 0'~
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Date)-J7" 9 <?
Date: 7- 21-9!
Date: ? - '2- 'j -9 g
Date: 7ft 7 h1\
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(NOTARY ACKNOWLEDGEMENTS ATTACHED)
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STATE OF CALIFORNIA
COUNTY OF ALAMEDA
}
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.
On
July 27. 1998
before me,
Kathleen M. JOrgensen
personally appeared
Robert J. Yohai and Sal S. Zagari
personally kno~ to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) who'se name(s) is/are subscribed to the within instrument and acknowledged to
. me th~t he/she/they executed the same in his/her/their authorized capacity(ies) and that by
his/her/their signature(s) on the instrument the person(s) or the 'entity upon behalf of which
the person( s) acted, executed the instrument.
Signature
~..A.. .A. .A .A "^-..A. ""- -^- ..0"\.. .A...A.. -^-f
o. Kathleen M. Jorgen::;en.g
Ccmm. ::1 079477 '
~ - : NOT1.RY pueLl:: . CALI:=OR~IA'G>
.c:; COfl.'TRA COSiA C::lUNiY 0
J IF Comm. Exp. Dc:::. 17. 1999 ...r.
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WITNESS my hand and official seal.
(This area for official notarial seal).
.
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STATE OF CALIFORNIA
COUNTY OF ALAMEDA
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} ss.
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On 3t)~ JR. ~qq&
before me, U I.?NDy "P \)8\\:\ DJL.l..L
personally appeared
c:::rR"o ~ AS F l:?l2 ~ll
person~ known to me (er proved to me on the basis of satisfactory e~Ad6nce) to be the
person~J whose nameCJ'}is/are subscribed to the within instrument and acknowledged to
me that hel~J1f"lth'1\ ex~~uted the same in his/flelftheiJ: authorized capacity~ and that by
~l/their signature~ on the instrument the personCf> or the entitY upon behalf of which
the person( s) acted, executed the instrument.
Signature
-------------J
HENRY P. DEADRICH
J@ Commission * 1183787
~. Notary Public - Callfcmia ~
1 Alameda County f
MtCam\. Expies WOI'ZJ.:m:z
........--------......--
WITNESS my hand and official seal.
(This area for official notarial seal).
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STATE OF CALIFORNIA
COUNTY OF ALAMEDA
}
} ss.
On July 29, 1998
before me, Louise McCarthy
personally appeared
Dennis Gibbs and Laurie Gibbs
-'
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
~e that helshe/they execu~ed the same in his/her/their authorized capacity(ies) and that by
hislher/their signature(s) on the instrument the person(s) or the entity upon behalf of which
the person( s) acted, executed the instrument.
Signature
.
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08 Louise McCarthy f
CJ _ _ Comm. #1086600
0::: NOTARY PUBUC. CAUFORNIAG>
~ Al..AMEDA COUNTY ()
) Comm, Exp. Feb. 15.2000 ...
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~. Castro Valley Unified School DistrIct. ,- .
- @ BOARD OF EOUCAnON SUPERINTENDENT
George Granger, President Dr. Robert J. Fisher .
Jo A. S. Loss, Vice-PresidenVClerk
John Barbieri
Janloe Fri&S8n
Kunlo Okui
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I EOOCAnNCAU YOUTH FOUXCELlENCE I P.O. BOX 2148 . CASTRO VALLEY. CALIFORNIA 94546 . (510) 537-3000 . ~AX (510) 886-8962
July 27,1998
Mr. Eddie Peabody
Director of Community Development
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RE: SCHAEFER RANCH PROJECfjSCHOOL MITIGATION
Dear Mr. Peabody:
This letter is written on behalf of the Castro Valley Unified School District ("District") to
advise you that the District has no objection to the City of Dublin amending Condition
"I" of its pre.zoning approval of the Schaefer Ranch Project (City of Dublin Resolution
#78.-96) to provide that the time period in which the developer of the Project must enter
into a written mitigation agreement with the school district{s) required to serve the
student 'population generated by the Project is prior to City Council approval of the first
- final map for the Project.
.
By its non..objection to the City's position as stated above, the District does not waive any
rights it may have to require that development within the Project mitigate its impacts on
the affected school district(s).
Sincerely,
James . 'Connor
Assistant Superintendent
Business Services
Co Mr. Raben Y ohai
.
AllA
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, . SCHAEFER HEIGHTS, !Nc.
155 Filbert Street, Suite 200
Oakland, CA 94607
Telephone: (510) 893-8186
Facsimile: (510) 893-0205
.
July 24, 1998
Mr. Eddie Peabody
Director of Community Development
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Schaefer Ranch Vesting Tentative Map (Tract No. 6765) Application
City of Dublin File No. PA 94-028
Dear Mr. Peabody:
.
Schaefer Heights, Inc., the applicant under the above-referenced subdivision map
application, and the owners of the Schaefer Ranch property, Schaefer Heights, Inc.,
Robert J. Y ohai, Sal S. Zagari, Dennis Gibbs, Laurie Gibbs and Otto Schaefer, Jr., hereby
agree that the statute of limitations in which to challenge any conditions of approval
placed on the tentative subdivision map is ninety (90) days from the date of-the map
approval.
On behalf of themselves and their successors in interest, the undersigned hereby
agree to not challenge any condition of approval placed on the tentative subdivision map
which requires that a school mitigation agr.eement be entered into with the affected school
district(s) prior to City Council approval of the first final map.
Sincerely,
.
R HEIGHTS AS OCIATES, by SCHAEFER HEIGHTS, JNC.
ATTACHfDT f