Novato is pleased to present the Questions and Answers regarding the Hamilton Property.

Table of Contents

• Recent News

• Processing and Approvals

• RFP

• Financial Plan

• Improvements and Building Issues

June 03, 1999
Scott Lane One-Way Conversion Option

Scott Lane, which intersects with Bolling Drive at two locations spaced approximately 350 feet apart, shall be considered for conversion to a one-way street in order to reduce right-of-way impacts to the fronting dwelling units due to the following unique characteristics that do not pertain to other roadways in the Capehart development:

1. Closely spaced (350 feet) access locations to the same street (Bolling Drive);
2. Loop road character which acts as an elongated cul-de-sac;
3. Tight radius (curve) combined with narrow pavement width which induces slower vehicle speed; and
4. 1,000 linear foot roadway length that does not provide a link with a different street.

April 16, 1999
Open Space

Q: The Capehart/Hillside Land Use Plan in the Reuse Plan document designates open space areas. Are these open space areas fixed, or can the boundaries be adjusted to accommodate the City of Novato Street Standards mandated by the RFP?

A: The open space areas as defined in the Reuse Plan are approximate, based upon the existing land use pattern. Minor adjustments to these boundaries would be permitted to accommodate street improvements, but the boundaries should be substantially in compliance with the Reuse Plan.

Development Standards

Q: The buildings in Capehart and Hillside consist of two to six residential units. It is our interpretation of the Novato Zoning Ordinance that all of the units meet the definition of the "R-3 (Multiple Residence) District", for the purpose of determining the front, side and rear yard setbacks. Please verify that this is correct.

A: This is not correct. Capehart/Hillside is zoned PC (Planned Community). The Reuse Plan has been identified as the Master Plan for the entire reuse area. The City would require a Precise Development Plan for the Capehart/Hillside area to implement the Master Plan in accordance with Section 19-11.046c, which states "a precise development plan is a document setting forth specific development criteria for all or a part of a land area for which an approved master plan is in effect..." Minimum lot areas, average width, average depth, maximum building coverage, height, and all setbacks are determined by the Precise Development Plan.

Q: With regard to the City of Novato Zoning Ordinance parking "requirements", does on-street parking contribute to the minimum requirement?

A: No. The "requirements" section of the Zoning ordinance relates to off-street parking spaces and thus on-street parking would not satisfy the requirement (refer to the first sentence in Section 19-16.002). Further, in all residential developments, one of the required spaces must be covered, and the spaces must be "independently accessible".

Hazardous Materials

Q: In Rafael Village, has the hazardous materials issue been addressed as it relates to lead paint, asbestos, etc.? Has a study been conducted?

A: No such studies have been conducted on Rafael Village.

Transitional Units

Q: At what point will the boundaries of the Transitional Units be fixed?

A: By close of escrow, the transitional unit parcels will be surveyed to determine their boundaries.

April 15, 1999
Asbestos

Q: Can the existing textured asbestos ceilings in the Capehart homes be left in place?

A: According to Sate and Federal regulations, non-friable asbestos need not be removed. The Navy has agreed that the ceilings will be left in a non-friable state. However, in the course of interior refurbishment of the Capehart housing, including installation of fire suppression sprinklers, it is unlikely that the asbestos ceiling covering will remain non-friable. Accordingly, it should be removed.

Standards

Q: What street lights should be assumed for the Reuse Area?

A: Developers should utilize the City’s standard street lights, per standard drawing(s) SL 100, 101, and 102, available at the Engineering Division offices.

April 13, 1999
Fee Schedule

Q: How are grading permits and the associated plan check fee determined. Do they fall under the same valuation as the Construction Permit Fee Schedule?

A: No. Grading permits are determined by volume (per cubic yard) plus a plan storage fee. Plan check fees are on a cost recovery basis, with a minimum deposit. See pages 9-10 of the fee schedule.

Q: Is the surcharge for the Building Construction Permit Fee 5% of the total construction permit fee, or an additional fee based on the value of the construction being performed?

A: 5% of the total construction permit fee.

Q: Does the Residential Development Tax only apply to new development or would this fee be associated with rehabilitation?

A: The Residential Development Tax only applies when new bedrooms are added. Rehabilitation without expansion would not trigger the fee.

Q: What is the Fair Market Value (FMV) for the Park in-lieu-fee.

A: The Fair Market Value per Buildable Acre is currently $199,940. The City in-lieu fee (Quimby fee) is $2,590 per single family detached unit. A Quimby fee schedule will be sent to developer teams.

April 9, 1999

Q: The "Request for Master Developer Proposals" specifies that a proposed development program must conform to all City of Novato Development Standards, Zoning Ordinances, and Building Codes. A standard residential street right-of-way of 50 feet with 20 or 25 foot building setbacks superimposed on all of the existing streets shows that most of the residential units will be in conflict with the standards. Therefore, almost all of the units will need to be demolished, which negates the option, as depicted in the Reuse Plan and RFP, to rehabilitate the units. Please let us know if our understanding is correct.

A: 1) Public Streets: Per the requirements of the Novato Municipal Code, residential streets are to be designed with 36 foot street width, measured between curb faces, sidewalks on both sides, and a total right of way width of 50 feet. The type of road is determined by the traffic volumes. The main circulation system shall accommodate two way traffic. In accordance with code, road widths may be reduced to a minimum of 28 feet of paved area if parking is eliminated on one side of the street, however additional off-street parking would be required.

2) Private Streets: Private streets in the City must meet the public street standards. If proposals include areas of single lot development, a private vehicular access system may be designed in accordance with Section 19-16, Parking and Loading.

3) Setbacks: Setbacks are determined during the Precise Development Plan process.

April 7, 1999
Standards

Q: Which development standards should the teams be using? The current standards, or the draft standards which are expected to be adopted by the close of escrow?

A: The teams should be using the current standards.

Q: What are the parking requirements for the transitional units? Are they the standard requirements, or will Variances be granted for these particular units?

A: The parking requirements for the transitional units are the standard requirements; no variances are contemplated.

Transitional Units

Q: The addresses of the transitional units list a six-plex on Andrews Way. There are no six-plexes on Andrews Way. Would you please verify the address of the sixplex?

A: An answer to this question was mailed to all five development teams by the Navy in San Bruno on April 14, 1999.

Q: Also listed as transitional units are 11 and 13 Langely Lane. These two units are in a triplex with 15 Langley Lane. I wanted to confirm that only two of the three units in this building would be for transitional housing.

A: An answer to this question was mailed to all 5 development teams by the Navy in San Bruno on April 14, 1999.

March 26, 1999
Processing and Approvals

Q: When will a draft of the Program EIR be available to the participants?

A: Middle of May, 1999.

Q: In order to understand the City’s needs may we be provided with a list of "new and rehabilitation community facilities" contemplated by the City (RFP, pg. 2) and a list of the anticipated costs to improve?

A: The answer to this question can be found in the "Bull Stockwell and Allen" study, prepared for the City’s Parks and Recreation Department. Copies of that study are available and can be obtained by calling (415) 897-4323.

Q: At what level will the City require specific design guidelines (i.e.: setbacks, landscaping, theme architecture, etc.), at Master Tentative Map level or Precise Plan level?

A: This type of information is provided as part of a Precise Development Plan submittal (see materials provided you on Wednesday, March 31st by Kris Richardson of the City Planning Division).

Q: May the Master Developer (MD) prepare PUD overlays consistent with the MTM overlay?

A: Novato doesn’t use a "PUD" overlay, but the same type of flexibility is accomplished with the Precise Development Plan process.

Q: Please provide a copy of the Ordinance for the NC zoning designation of the Exchange parcel.

A: The property is located in the PC (Planned Community) zoning District defined by Section 19-11.046 of the Novato Municipal Code, which accommodates "convenience and service commercial to serve the ultimate development density". The land uses outlined in the Reuse Plan would guide development of the commercial site. A Precise Development Plan processed by the developer in accordance with City Code Section 19- 11.046c would set forth the development details, including setbacks, building height, architecture, landscaping, and uses.

Q: Please provide RWQCB closure letters for the Exchange Triangle and rest of site.

A: Not available yet.

Q: What restrictions to demolition solid waste quantities should be considered in the proposal since the demolition of Rafael prevents Marin County from meeting Cal EPA solid waste reduction standards? Who is the contact at the CIWMB to discuss solutions to the non-compliance issues?

A: This will be covered in the Program EIR and Mitigation Monitoring Program, Utilities - Solid Waste Management, Mitigation Measure #1, to be released in May.

Q: If it is determined that parts of C/H must be demolished it will produce large quantities of additional solid waste. Will this issue be addressed in the Program EIR?

A: Yes, at a program level.

RFP

Q: Will the $3.6 reimbursement "upon final map of property" be on the first final map pulled or on a per lot basis? May it be applied only to the market rate housing under some proposed formula by the MD if it can demonstrate it will be paid timely?

A: 1)The reimbursement will be on a per lot basis. 2) Yes.

Q: Will the City provide that the required 15% inclusionary housing can be met by the multi-family senior housing? Will the City provide for such in the DA?

A: The Reuse Plan is not specific in this regard. The City will entertain this concept as part of the negotiation process. Yes, the DA will address this issue.

Q: Is the MD expected to fund the costs of the PEIR paid by City or is it part of the $3.6m reimbursement?

A: This cost is covered in the $3.6 million.

Q: Does the City have a preference for the Rafael multi-family as for-sale or rental?

A: No.

Q: Can you be more specific about "all costs under Agreement" (RFP, pg. 6)?

A: "All costs under the Agreements" refers to all of the developer’s responsibilities as stated in the Development Agreement, the Owner Participation Agreement, and the Purchase Agreement.

Q: Other than grants, is the RDA the only source of funds for the City to reimburse MD for the 60 transitional units (RFP, pg. 7)? Will the transitional units take a priority on proceeds of TI before subsidies can be provided for the other affordable housing? Should developer provide for this in the submittal? What can MD expect in terms of reimbursement of improvement costs or what will be the basis of the reimbursements (i.e., costs, fees, overhead, interest, builder profit) for the transitional unit?

A: The Master Developer will not be responsible for funding any of the improvements to the transitional housing units. Redevelopment Agency tax increment funds will not be used to fund the transitional housing improvements. Responses to the RFP should provide:

• a cost estimate for the transitional housing improvements;
• a schedule for undertaking the improvements;
• a statement that the source of funds for the improvements to the transitional units has not yet been determined.

With respect to reimbursement to the Master Developer for expenses associated with the transitional units, it is the City’s position that the Master Developer will be reimbursed for:

• all hard construction costs;
• any City fees and permits;
• contractor’s overhead costs;
• interest costs; and
• a negotiated development fee.

A builder’s profit will not be reimbursed for the transitional units.

Q: Who is the current contractor for security and landscape maintenance of property? What additional management responsibilities may be required once the property is conveyed to the MD?

A: JA Jones of Charlotte, North Carolina. The MD is expected to maintain the property so it doesn’t further deteriorate, and provide security.

Q: Will credits for traffic improvements be given against the traffic mitigation fees required by developer? Specifically, improvements to Ignacio Boulevard are provided for in the capital budget for future improvements? Are these required to be developed by MD as a mitigation and therefore MD may be reimbursed for the improvements.

A: Any project specific improvement requirement must be funded by the project, but if the developer makes improvements in excess of those required for this specific project, these costs will be credited against impact fees.

Q: The draft forms Purchase Agreement/Development Agreement Owner Participation Agreement and other legal documents will be reviewed by MD’s legal counsel. What is the procedure for obtaining clarification on the agreements between MD and City’s legal counsel?

A: This will be an issue finalized during "best and final offer" negotiations. If needed, a briefing can be set up for legal teams.

Q: Please provide clarification of "member of development team" to mean entities rather than persons?

A: Legal entity - not individuals.

Q: Is MD permitted to work with staff directly on the "Flood Plain Plan," and will City facilitate the resolution with MD, or should it be treated as an unknown, and considered as part of the submittal and underwritten as a risk to MD?

A: How the Developer deals with the flood plain is part of the developer’s proposal.

Financial Plan

Q: Please provide base assumption numbers for the Municipal Service calculations (i.e., City Engineer estimate).

A: This is available in Excel spreadsheet format, and also in .pdf format.

The Excel Spreadsheet is available by clicking here.

Note: If on a Mac, hold button down and choose save link as, save it to the hard drive, and open it from there.
If on a PC, right click and choose save link as, save it to the hard drive, and open it from there.

The Adobe Acrobat Reader .pdf format is available by clicking here.

Q: May the MD submit proposal based on the assumption that the Agency has no ERAF loss exposure?

A: Yes.

Q: The Public Facilities and Traffic Impact Fees per Information Bulletin CD-01 indicate that the projects that require impact fee are new SFD and multi-family. Are the Capehart/Hillside and transitional units considered existing, and will impact fees be waived?

A: No.

Q: In building transitional housing for the City, will all fees need to be paid by MD?

A: No. As stated in the RFP, the Master Developer will perform all renovation, but all associated costs will be borne by others.

Q: Will the City agree to sponsor the formation of a CFD and Tax Revenue Anticipation Bonds?

A: CFD - Yes.
Tax Revenue Anticipation Bonds - No.

Q: Is the San Pablo site subject to the Hamilton Field CFD and, if so, what are the site’s obligations?

A: The San Pablo site has not been annexed into the District. However, when the site is developed it must pay its pro rata share of NHP installed CFD improvements.

Improvements and Building Issues

Q: Per Fire Safety Ordinance all new residential development will require fire sprinkler, will the existing C/H area require fire sprinklers?

A: Yes.

Q: Ignacio Boulevard has noise levels of 65-70 dBA and contours of up to 62 exist in C/H, will all new construction require 45 dB? Will the City accept possible variances to the requirements for C/H?

A: The City Noise Standards must be complied with.

Q: Can the City provide Environmental Baseline Survey (EBS) by DOD? Lead Based Paint surveys and disclosures? Demolition and Asbestos removal surveys for Rafael?

A: These documents are available in the Navy’s Site Manager’s office, located in the Hamilton Officer’s Club. Contact Randy Anderson at (415) 382-7401.

Q: May we obtain "as-builts" and surveys and Capehart/Hillside ("C/H") and asbestos and demolition surveys for Rafael?

A: There are none.

Q: What is the likelihood that the City will approve a joint rehab study for the Capehart/Hillside units which will be paid and made available to the City?

A: This is now underway after our meeting of March 31, 1999 and is being jointly funded by the five development teams.

Q: For the Quimby Parc Fee, if we decide to pay a fee for the entire 9 acres:
Is this allowed by city ordinances?;
Would the Parc-standard calculation change?

A. For the Quimby Parc Fee, if we decide to pay a fee for the entire 9 acres:

The requirement to dedicate land or pay an in-lieu fee for recreational facilities is determined as a condition of approval of the final map as approved by the City Council. The developer does not have the discretion to decide whether they will dedicate land or pay a fee (See Section 9-20.004 of the Novato Municipal Code.)

a) Is this allowed by City Ordinances?

Again, see Section 0-2-.004 of the Novato Municipal Code.

b) Would the park-standard calculation change?

The calculation for land dedication and/or in-lieu fees is made very clear in Section 9- 20.008 through 9-20.014 of the Novato Municipal Code.

Q. Is the Public Facility and Traffic Fee for multi-family developments $2,801.29? Also does this include the County Traffic Mitigation Fee?

A. As reported in the "Application Fee Schedule - April 9, 1999" the Development Impact Fee for multi-family dwellings is $2,810.29 per unit. This "Fee" includes the public facilities and the transit facilities fees. At the present time, City of Novato does not charge back for county traffic mitigation.

Q. Are all county fees that the city monitors included in the fee schedules sent to potential developers? If not, can you assist or list other county offices that require fees?

A. The City of Novato does not monitor fees for the County of Marin of include any County fees in the City fee schedules. Other agencies that must sign off for final occupancy are the Novato Sanitary District, Novato Fire District and Novato Unified School District, which may or may not have fees.

Q. How do you calculate the building permit fee? Is it based on the actual value of the improvements or does the city have a standard valuation?

A. Building permit fees are calculated on valuation of the project. The valuation is established (See Page 2 of 5 "Building Construction Permit Fees" of Application Fee Schedule - April 9, 1999), currently at a rate of $97 per square foot without air conditioning; $101 per square foot, with air conditioning plus $28 per square foot of the garage or $17 per square foot of the carport.

Q. Are the site visits listed in the fee schedule per building/visit/unit?

A. Site visits are per unit. Se Items 27 and 28 of "Fee Schedule".

Q. Would you please clarify for us and the other teams the City of Novato ordinances as detailed, a timeline for submittal of the precise development plans, tentative map, and design review for Rafael Village, Capehart/Hillside, etc. based on the November 30, 1999 closing date.

A. Application/Completion - 2 months
Tentative Map Preparation/Approval - 6 months
Design Review - 1 months
Infrastructure Design/Approval - 6 months
Final Map - 2 months