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COUNCIL AGENDA ITEM NO. 13
April 25, 2000
Subject/Title: Blackhawk-Nunn’s Application For Fee Exception as set
Resolution 97-117 and related actions
Beougher, City Attorney
Jon Elam, City
recommends that City Council approve the following:
Grant Blackhawk-Nunn’s application for an exception to the East
Contra Costa Regional Fee and Financing Authority’s Subregional Transportation
Fee (“ECCRFFA Fee”), filed January 1998, pursuant to the provisions of
Direct staff to refund, as appropriate, money still retained by
the City that is an overpayment
of the ECCRFFA fee to Blackhawk-Nunn; and
If Blackhawk-Nunn submits an application for an amendment to PD-27
that limits building permits that pay the ASR can only be used for age
restricted units, as defined by Civil Code Sections 51 and 51.3, staff
is directed to expedite this application.
City Council has approved the major terms of the settlement in
Beinke, Blackhawk-Nunn et al. v. City of Brentwood
(Yolo County Superior Court ). The current tolling agreement between the City and the
litigants will expire on May 1, 2000.
Rather than have staff request an authorization to execute a new
tolling agreement, staff believes that the above stated actions will negate
the need for the tolling agreement as well as set into motion actions
required in the proposed settlement agreement.
(“Developer”) owns land that has been granted approval for various subdivisions,
generally referred to as the Summerset Project, consisting of age restricted
residential homes. The
Developer believed that an exception to the fees, particularly the traffic
fee, was not roughly proportionate with the impacts created by homes with
age restricted owners. On January 22, 1998, the Developer applied for an exception
to the ECCRFFA subregional fees applicable to ASR units, as adopted by
Resolution 97-217. At
its February 10, 1998 meeting, the City Council considered the Developer’s
appeal and application for an exception to the ECCRFFA fee.
The City Council approved the Developer’s appeal and conditionally
approved its vesting tentative subdivision map, subject to a letter agreement.
The letter agreement provided that the City would conduct a study
and adopt a separate fee category for active adult senior housing, or
ASR fee. The letter
agreement further provided that the East Contra Costa County Regional
Fee and Financing Authority (“Authority”) and City would cooperate in
the study to determine if the Developer’s requested adjustment and new
ASR fee category was justified under the Authority’s rules and regulations.
May 2, 1998, in accordance with the letter agreement, City did adopt a
new ASR fee category using traffic generation numbers from an ITE Manual.
The Developer disputed the adoption of the ASR fee and protested
the fee when it was paid.
order to resolve the dispute, the City commissioned a new study, prepared
by Fehr & Peers Associates, at the Developer’s expense.
The Fehr & Peers Associates study concluded that each active
adult senior housing unit generated 0.44 trips in the p.m. peak as compared
to 1.01 trips generated by a single family detached home that is not age
contends that it is entitled to a refund of a portion of its roadway fees
paid since October 22, 1997, based on this study and the letter agreement.
on the Fehr & Peers Associates study, the City Council adopted Resolution
99-179, revising the development fees to create a ASR fee and to have
ASR units pay 43.56% of the fees charged for traffic as that a single
family residential unit that is not age restricted.
the course of these events, the Developer filed a lawsuit against the
City seeking a refund and damages for breach of the letter agreement.
In addition, Developer has applied for entitlements to develop
the Bacchini/Borello site as a phase of the Summerset Project with 245
units of active adult senior housing and to develop the CBN site in accordance
with the existing General Plan and zoning ordinance.
By adopting the actions provided above, the City will begin the process of implementing the proposed settlement and development agreement.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD GRANTING BLACKHAWK-NUNN’S
APPLICATION FOR AN EXCEPTION TO ECCRFFA FEE, DIRECTING STAFF TO REFUND
MONEY STILL RETAINED BY CITY THAT IS AN OVERPAYMENT OF THE ECCRFFA FEE
TO BLACKHAWK-NUNN, AND IF BLACKHAWK-NUNN SUBMITS AN APPLICATION FOR AN
AMENDMENT TO PD-27 THAT LIMITS BUILDING PERMITS THAT PAY THE ASR FEE CAN
ONLY BE USED FOR AGE RESTRICTED UNITS, STAFF IS DIRECTED TO EXPEDITE THE
the City Council has approved in concept the major terms of the settlement
in Beinke, Blackhawk-Nunn, et al. v. City of Brentwood and the
tolling agreement will expire on May 1, 2000;
a new tolling agreement will not be needed or requested if the actions
provided in this resolution are adopted;
THEREFORE BE IT RESOLVED,
application for an exception to the East Contra Costa Regional Fee and
Financing Authority’s Subregional Fee (“ECCRFFA Fee”), filed January 22,1998,
pursuant to the provisions of Resolution 97-117.
2. Direct staff to refund,
as appropriate, money still retained by the City that is an overpayment
of the ECCRFFA Fee to Blackhawk-Nunn; and
3. If Blackhawk-Nunn submits
an application for an amendment to PD-27 that limits building permits
that pay the ASR can only be used for age restricted units, as defined
by Civil Code Section 51 and Section 51.3, staff is directed to expedite
PASSED, APPROVED AND ADOPTED
by the City Council of the City of Brentwood at a regular meeting held
on the 2000 by the
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
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