HomeMy WebLinkAbout6.3 PfeifferRanchPinnBrosCITY CLERK
File # 1:161016-16-0
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 1, 2005
SUBJECT: PUBLIC HEARING PA 02-024 Pfeiffer Ranch Investors II, Inc.
Development Agreement for Silvera Ranch (Pine Brothers Fine Homes)
Report Prepared by: Janet Harbin, Senior Planner
ATTACHMENTS: 1. Ordinance approving the Development Agreement between the City of
Dublin and Pfeiffer Ranch Investors II, Inc. (attached as Exhibit A)
2. Letter of Agreement dated January 13, 2005 between Pfeiffer Ranch
Investors II, Inc. and Robert Nielsen, Jr.
3. Golden Eagle Protection Zone map from Eastern Dublin Specific Plan
4. Planning Commission Staff report and minutes of January 25, 2005
RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation;
2. Take testimony from the Applicant's Representative and the Public;
3. Close the Public Hearing and deliberate; and,
4. Waive the reading and an Ordinance approving the Development
Agreement (Attachment with Development Agreement attached as
Exhibit A) between the ty of Dublin and Pfeiffer Ranch Investors II,
Inc. 1,�G c-e,
PROJECT DESCRIPTION
On October 21, 2003, the City Council adopted Resolution No. 15-03 approving a Planned Development
Rezoning and Stage 2 Development Plan, for the Silvera Ranch, located within the Eastern Dublin
Specific Plan area. (Note: The original project name was Silveria Ranch; however, the Developer
recently modified the spelling of the name to Silvera on many maps and documents for marketing
purposes.) This approval established the final zoning for a 93.4 acre property currently owned by Pfeiffer
Ranch Investors II, Inc., and proposed for development by Pinn Brothers Fine Homes. Additionally, the
Planning Commission adopted Resolution No. 03-48 approving the Vesting Tentative Tract Map and Site
Development Review for the project. The Planned Development rezoning and the Eastern Dublin
Specific Plan require that a Development Agreement be approved prior to the issuance of building permits
for the development of the property.
The Silvera Ranch Project was approved to permit the construction of 254 multi -family and single-family
residential units within the northern portion of the Eastern Dublin Specific Plan area, adjacent to the
southeast and northeast of the intersection of Tassajara Road and the future extension of Fallon Road.
The homes are planned to be clustered and constructed on approximately 37 acres of the 93.4-acre project
site in four phases, with approximately 56 acres designated as permanent private open space under a
Conservation Easement, deed restriction or other instrument agreed to by the Developer. The open space
-------------------------------------------------------------------------------------------------------------
COPIES TO: Applicant/Property Owner
Developer
In -House Distribution
CADocuments and Settings\FawnH\Local Settings\Temporary Internet Files\OLK162\CCSR DA.doc
ITEM NO.
area lies south and north of Fallon Road adjacent to the rear yard areas of the single-family medium
density cluster homes and the larger estate size lots. The Developer intends to construct 102 multi-family
dwelling units or condominiums (The Villas), 73 single-family cluster homes (The Manors), and 79
single-family homes (The Estates) on the site. .
Develovment Aveement
e
One of the implementing measures of the Eastern Dublin Specific Plan is the requirement that the City
enter into a Development Agreement with developers in the Plan area. The Development Agreement
provides security to the developer that the City willnot change its zoning and other laws applicable to the
project fora specified period of time. The benefit to the City of entering into a Development Agreement
with the property owner is that the document is a contract that ensures that the goals of the Eastern Dublin
Specific Plan are met and the inftastructure facilities for the area are constructed with each development
phase. Additionally, it ensures that dedications of property and easements are made, project phasing is
followed, the appropriate fees are paid for the development, and any additional telTI1S of the agreement are
met as the development proceeds.
Approval of development agreements is by adoption of an ordinance by the City Council upon a
recommendation by the Planning Commission. The proposed Development Agreement between the City
of Dublin and Pfeiffer Ranch Investors II, Inc. for the Silvera Ranch Project (PA 02-024) is contained in
Exhibit A of Attachment I ,the Resolution recon:1mending City Council approval of the Development
Agreement. The fOlTI1at and structure of the Development Agreement for the Silvera Ranch Project is
based on the standard Development Agreement developed by the City Attorney and adopted by the City
Council for east Dublin projects.
The agreement has been drafted and negotiated with the owners on record for the property, Pfeiffer Ranch
Investors, Inc. The property owners are represented by Alan Pinn of Pinn Brothers Fine Homes for
pwposes of this application. Pinn Brothers Fine Homes is also the Developer. This Development .
Agreement covers all four development phases of construction of Tentative Tract 7441 for the Silvera
Ranch Project
Planning Commission Action: On January 25,2005, the Planning Commission considered the proposed
Development Agreement between the City of Dublin and Pfeiffer Ranch Investors IT, Inc. for the Silvera
Ranch Project (Exhibit A of the Resolution in Attachment 1) at a public hearing. At the public hearing,
the Planning Commission adopted Resolution No. 05-05, recommending City Council approval of the
Development Agreement in Exhibit A of AttachrD.ent I to this staffreport (see Attachment 4,Plaiming
Commission Staff report and minutes).
ANALYSIS
The City Attorney drafted the proposed Development Agreement for Silvera Ranch with input ITom City
Staff, representatives of the property owner and Developer, and their attorneys. The Development
Agreement sets forth the agreement between the parties in relation to many items, including, but not
limited to, phasing, project and off-site inITastructure, and payment or waiver of fees. The Development
Agreement runs with the land and the rights there under can be assigned. The main points of the
Development Agreement can be found in Exhibit A of Attachment I and are highlighted below:
Term: The Development Agreement becomes effective fora telTI1 of five (5) years from the date of the
signing of the agreement, unless terminated or modified prior to the expiration of the term. .
.
Phasing & Timing: The Silvera Ranch/Pfeiffer Ranch Investors II, Inc. Development Agreement
addresses the completion of proj ect development according to the timeline established by the Developer.
2df:f'
·
The Developer has not yeUletermined the timeline for completion of the four phases in which the Project
is proposed to be built under the provisions of the approved development plan. The first phase of the
Project according to the development plan for P A 02-024 includes construction of 35 single-family Estate
homes and 28 single-family cluster homes (medium density), and is located south· of Fallon Road. Two
internal streets and a temporary E.Y.A. will be constructed to connect with Tassajara Road. Additionally,
a portion of the south ITontage ofTassajara Road will be constructed in this phase. The Applicant also
proposes to complete rough grading and slide repair for all four phases of development as part of Phase I
(Section 5.3.3 ofExhibit A).
Phase 2 of the development consists of the remaining 45 single-family cluster homes south of Fallon
Road with construction of an internal street and a public access road along the western Fallon Road
R.O.W. ftom Tassajara Road southward. Phase 3 consists of 102 multi-family condominium dwelling
units located south of Fallon Road. Road improvements in Phase 3 include additional improvements to
the south ftontage along Tassajara Road. The last phase of the Project, Phase 4, includes the remainder of
the single-family Estate homes located north of Fallon Road. Phase 4 proposes up to 44 units with road
improvements for an internal street along with full improvement of Fallon Road, and construction of the
remaining portions of the interim Tassajara Road alignment).
MltlgatiQn Conditions: The Development Agreement addresses additional or modified conditions agreed
upon by the City and Developer to eliminate or mitigate adverse environmental impacts or any other
impacts related to the project development (Section 5.3.2 of Exhibit A). These conditions relate to
roadway improvements, construction of interim improvements to Tassajara Road and its connection with
Fallon Road, payment of the updated Traffic Impact Fee, and the negotiation of the side agreement with
the adjacent property owner, discussed below.
Fees and Dedications: The Development Agreement addresses payment offees and the timing of
payment, and also the repayment of fees advanced for past improvements in the Eastern Dublin Specific'
Plan area (Sections 5.3.5 and 8.1 of Exhibit A).
·
Letter of Agreement with Adjacent Property Owner: At the City Counoil meeting on October 21,
2003 in approving the Project, the City Council directed Staff and Pinn Brothers Fine Homes to work
with the adjacent property oWner, Robert Nielsen, Jr., to resolve through the Development Agreement the
concerns he expressed about the Project's effect on his property and the businesses he operates there. The
City Council requested that Pinn Brothers provide the following: I) grant an access easement to the
Nielsen property ITom the development; 2) improve the granted access easement area; and, 3) relocate 11
existing parking spaces on the property.
After several months of negotiation with Mr. Nielsen, Pinn .Brothers Fine Homes and. the City have
reached an agreement on the provisions of the Development Agreement necessary to resolve Mr;
Nielsen's issue. Rather than doing work on Mr. Nielsen's property, Pinn Brothers and Mr. Nielsen have
entered into an agreement (refer to Attachment 2, Letter of Agreement), whereby Pinn Brothers will pay
Mr. Nielsen $155,000 to cover the yrojected costs of the work on his property. This Letter of Agreement
also resolves an issue unrelated to the Development Agreement regarding the acquisition of property ITom
Mr. Nielsen for the Tassajara Road right-of-way that Pinn Brothers is required to construot as a condition
of approval of their project. Under the Agreement, Mr. Nielsen may then implement the improvements to
his property in accordance with his business schedule, timing and need.
Other Issues Related to the DeveloDment A!!reement
·
Golden EarlIe
3~f.ø
During initial site grading in Spring 2004, concerns arose regarding the protections afforded under the
guidelines of the Eastern Dublin Specific Plan to the nesting Golden Eagle pair in a tree in the tributary to
Tassajara Creek (property owned by the Un family) adjacent to the Silvera,Ranch Project. The Project
was designed and approved to adversely impact the habitat and nesting area of the Golden Eagle as little
as possible by restricûng the limits of grading and construction to outside the Eagle Protecûon Zone
established by the Eastern Dublin Specific Plan. Although the Developer adhered to the guidelines and .
provisions of the Specific Plan related to protecting the eagle habitat area and prevent trespassing in the
area during the nesting season (January I to June 30), the City's consulting biologist, Grainger Hunt, has
suggested further preservation be instituted beyond that specified by the Specific Plan to ensure the
. continued protection of the Golden Eagle palr, given the proximlty of approved residential development
in both Dublin Ranch and the Silvera Ranch projects. The preservation of the eagles could create an
educational opportunity for the community while providing a simple mechanism to ensure that the eagles
are not being disturbed.
To assist the City with its project to preserve and monitor the Golden Eagle habitat, Pinn Brothers Pine
Homes has made a contribution of $30,000 to the City for the implementation of a habitat preservation
and monitoring program. These funds would be used by the City to install and maintain an "Eagle Cam."
The Eagle Cam is a video camera that allows for visual monitoring of the eagle nesting site on the City's
website via the internet during the nesûng season for a minimum period of three years. The video will be
available to anyone with access to the worldwide web that wishes to monitor the eagles' activities,
including biologists, students, and Dublin residents. According to Mr. Hunt, the next three years IS a
critical time period to ensure that the birds will continue to nest at the present site or tree, and have not
been disturbed by adjacent development. .
The City will use the funds donated by Pinn Brothers as follows:
1. Purchase and install video camera equipment in the. vicinity of the Dublin San Ramon Services
District water tank to view the tree in which the Golden Eagle pair nests; .
2. Maintain the camera equipIlîent and transmission system for a period of three years ITom the
commencement of its operation; .
3. Ensure that the camera equipment is connected the to the City's internet web site for internet
monitoring of the images ITom the cameras; and,
4. To offset the City's costs ofintemet-bandwidth services associated with transmitting the images to
and ITom the City's website (or another website chosen by the City) for an initial three-year .
period.
The public will be able to access the City's website to observe the eagles and their nest without
disturbance to the birds, and Staff will be responsible for periodic monitoring of the Eagle Camto observe
.if any trespassers are in the area restricted from the public, and the public will be able to log-on to the
City's website to observe the eagles and their nest without disturbance to the birds. A program may be
instituted in the future for wildlife biology students to perform actual monitoring near the site if funding
becomes available. The value of the project would be reassessed at the end of the three-year period.
It should be noted that this will be the firstoperatíng eagle video camera in California which can be
viewed on the intemet once it is in operation. Other such websites have been successfully established at
maintained in other states for eagles, reptiles and other animals in preserves such as elephants.
Public V$. Private Trail
At the Strategic Planning Workshop held on January 7,2005, the City Council discussed the possibility of
dedicáting the private traillócated in the Silvera Ranch project, lying between the rear of the lots in the .
north and south east portions of the subdivision and adjacent to the private open space area, for public use.
The trail was originally designated for private use only when the Planned District Rezoning/Stage 2
4~(p
·
·
·
Development Plan was approved to limit the number of people using the trail because of the sensitivity of
the adjacent 56 acres of open space area. A Condition of the project approval in 2003 was that a
Conservation Easement or similar instrument would be recorded for this area for further preservation of
potential California Tiger Salamander habitat; and thereby prevent disturbance by unauthorized persons.
Additionally, the majority of the open space acreage in the Silvera Ranch development is within the
Golden Eagle Protection Zone established by the Eastern Dublin Specific Plan (see Attachment 3, Golden
Eagle Protection Zone map ITom the Eastern Dublin Specific Plan). A nesting pair' of Golden Eagles have
located their nest in a tree on the tin's property adjacent in this protection zone which serves as forging
habitat for the eagles, and the developer of the Silvera Ranch has contributed funding toward an eagle (e-
cam) watch program to assist the City in further protecting the Golden Eagle habit and nesting area. As
these measures have been taken to protect this area ftom trespassers and disturbance of both the California
Tiger Salamander and the Golden Eagle, designating the trail for public use would allow more people to
have potential access to the unstable open space area and these sensitive habitat areas.
Additionally, the open space area is comprised of four parcels characterized as unstable hills and slopes
which could be a liability to the City in the future if a public trail provides a greater degree of access to
the public. Although the developer is currently grading and stabilizing the hillsides in the development
area on the property, the unstable hillsides and landslide areas in the open space are to remain undisturbed
and natural. Even with the fencing proposed by the developer and appropriate signage prohibiting
trespassing, unauthorized persons using the trail may trespass on to the property.
Should the City Council determine that it is appropriate to designate the trail for public rather than private
use, Pfeiffer Ranch Investors is agreeable to dedicating fee title of the. four parcels in the open space area
to the City. To facilitate this dedication, the following language, prepared by the City Attomey'.s Office
and approved by Pinn Brothers, could be added to the Development Agreement to replace subsection
(b)(iv), which begins on page 9 of Exhibit B of the agreement:
"(iv) Conservation/Open Space Easement.
Condition 27 reads as follows:
ConserVation/Open Spaee Easement. Although no speciM are pre.sent on the site, a
portion of the property has been identified as potential aestivation habitat for the
California tiger salamander, a Species of Special Concern. The subject open space area,
which has been incorporated into the project, and consists of Open Space ai-eas/parcels C,
D, and F totaling 49.1 acres, shall be preservedfor potential habitat. A conservation/open
space easement. or similar instrument shall be agreed to by the Applicant, in aform
approved by the City Engineer, City Attorney and Director of Community Development,
and retordedfor the property, including a map illustrating the partels within the said
easement area. The area shall be maintained by the Homeowners Associations. All
recorded documents shall be submitted to. the City Engineer for City records.
When required: Prior to Pinal Map..
In lieu of complying with Condition 27, Developer agrees to irrevocably dedicate
in fee simple Parcels A, C, D, and F, as shown on the tentative map, to the City
concurrently with recordation of the applicable final map. (Exhibit F shows the location of
the parcels A, C, D, and F.) The City may accept the dedicåtion no earlier than the City's
acceptance of the public improvements in the portions of the :Project adjacent to the
particular parcel to be accepted."
59j;
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act, Staffhas determined that the Project be found is
. exempt ITom CEQA pUrsuant to Government Code section 65457 for residential projects that are .
consistent with an adopted specific plan. This recommendation is based on a determination that there .
are no supplemental impacts that would require preparation of a Supplemental Em, as further
documented in the project record/documentation prepared by the City, dated October 21,2003, and
incorporated herein by reference. The project review found that the environmental impacts of the Silvera
Ranch Project were addressed by the approved Environmental Impact Report for the Eastern Dublin
General Plan Amendment and Specific Plan (SCH 91103064) which was certified by the Dublin City
Council in Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994; along with
the project-specific Addendum for P A 02-024 dated October 2003.
CONCLUSION:
The Developroent Agreement will implement the provisions of the Planned Development zoning and the
conditions ofapproval of the Site Development Review and Vesting Tentative Tract Map previously
approved. Additionally, the Developer, representing th~ property owner, has resolved the remaining
issues of concern expressed by the neighboring property owner through the payment of $155 ,000, as
referenced in the Development Agreement and stipulated 'in the negotiated Letter of Agreement between
the two parties in Attachment 2. The City Council should determine if it is appropriate to modify the
Development Agreement to designate the tráil in the development as public rather than private, assuming
the related responsibilities. A subsequent final Tract Map and Improvement Plan will be approved by the
City Council, and building permits issued for the subdivision, after approval of the Developroent
Agreement and the necessary obligations stipulated in the 'zoning regulations, conditions of approval and
the agreements are met. ..
RECOMMENDATION:
Staff recommends the City Council: 1) Open the Public Hearing and hear Staff presentation; 2) Take
testimony ITom the Applicant's Representative and the Public; 3) Close the Public Hearing and deliberate;
and, 4) Waive the reading and adopt an Ordinance approving the Development Agreement, (Attachment 1
with Development Agreement attached as Exhibit A) between the City of DubHn and Pfeiffer Ranch
Investors II, Inc.
.
6 uti'
¡Ub~;t-·
ORDINANCE NO. OS-XX
.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************
APPROVING A DEVELOPMENT AGREEMENT FOR P A 02-024
PFIEFFER RANCH Th'VESTORS II, INC. FOR SILVERIA RANCH
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Silveria Ranch Project to be developed by Pinn Brothers Fine Homes is
located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is
designated on the General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map
aB Single Family Density Residential, Medium Density Residential, Medium-High Density Residential, and
Rural Residential! Agriculture.
B. A Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan and by the Planned Development Zoning District P A 02-024.
C. Pursuant to the California Environmental Quality Act, it has been determined that the Project
a is exempt ftom CEQA pursuant to Government Code section 65457 for residential projects that are
., consistent with an adopted specific plan. This is based on the determination that there are no supplemental
impacts that would require preparation of a Supplemental EIR, as further documented in the project
record/documentation prepared by the City, dated October 2003, and incorporated herein by
reference. The project review found that the enviromnental impacts of the Silveria Ranch Project were
addressed by the approved Environmental Impact Report for the Eastern Dublin General Plan
Amendment and Specific Plan (SCH 91103064) which was certified by the Dublin City Council in
Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994; along with the project-
specific Addendum for P A 02-024 dated October 2003.
D. The Development Agreement between the City of Dublin and Pfieffer Ranch Investors II,
Inc., has been presented to the City Council, Exhibit A, attached hereto,
E. A public hearing on the proposed Development Agreement was held before the Planning
COIrunission on January 25, 2005, for which public notice was given as provided by law.
F. The Planning Commission has made its recommendation to the City Council for approvaJ
of the Development Agreement.
G. A public hearing on the proposed Development Agreement was held before the City
Council on March 1,2005, for which public notice was given as provided by law.
. H. The City Council has considered the recommendation of the Planning Commission who
considered the item at the March 1, 2005 meeting, including the Planning Conunission's reasons for its
recommendation, the Agenda Statement, all comments received in writing and all testimony received at
the public hearing.
1
ATIACHMfNl'1.
~'1) l#;V
Section 2.
FINDINGS AND DETERMINATIONS
e
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
ErR, (t) the addendum to the ErR for the Silveria Ranch Project, (g) the Agenda Statement, and on the
basis of the specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin
General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
designations for the site are Single Family Density Residential, Medium Density Residential, Medium-High
Density Residential, and Rural Residential/Agriculture, and the proposed project is a project consistent
with those land uses; (b) the project is consistent with the fiscal policies of the General Plan and Specific
Plan with respect to provision of infrastructure and public services; and (c) the Development Agreement
include provisions relating to vesting of development rights, and similar provisions set forth in thc
Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Planned Development Rezoning, Vesting Tentative Tract Map, and Site Development Review.
3. The Development Agreement is in conformance with public convenience, general welfare
and good land use policies in that the Silveria Ranch Project will implement land use guidelines set forth a
in the Specific Plan and the General Plan which have planned for residential uses of varying densities and ,.
a large amount of permanent open space at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent with the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement, Exhibit A, and authorizes the
Mayor to sign the agreement accordingly.
Section 4. RECORDA nON
Within ten (10) days after the Development Agreement is fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
.
2
3t1f) ~¡.r
This Ordinance shall take effect and be in force thirty (30) days ftom and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
_public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
.. State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1st day of
March 2005, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
e
G:\pa#\2002\02-024\CC Ord DA
.
3
.
.
e
4ao"".l". .
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for RecDrder's Use
,-..
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
PFEIFFER RANCH INVESTORS II, INC.
FOR THE SILVERIA RANCH PROJECT
EXHIBIT A,
'5'tJ iÞ1--"
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and
entered in the City of Dublin on this day of , 2005, by and between
the City of Dubiin, a Municipal Corporation (hereafter "City"), and Pfeiffer Ranch
Investors II, Inc., a California corporation ("Developer"), pursuant to the authority
of §§ 65864 et seq. of the California Government Code and Dublin Municipal
Code, Chapter 8.56.
.
RECITALS
A. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain
development rights in such property; and
B. Developer desires to develop and holds legal interest in certain real
property consisting of approximately 93.4 acres of land, located in the City of
Dublin, County of Alameda, State of California, and is more particuiarly described
in Exhibit A attached hereto and incorporated herein by this reference, and which
real property is hereafter called the "Property"; and
C. .The City Council adopted the Eastern Dublin Specific Plan by
Resolution Nó. 53~93 which Plan is applicable to the Property; and
.
D. The Eastern Dublin Specific Plan requires Developer to enter into
this development agreement; and
E. Developer proposes the development of the Property with 254
single-family homes along with 55.86 acres of land to be subjected to a
conservation easement or similar instrument (the "Project"); and
F. Developer has applied for, and City has approved or is processing,
various land use approvals in connection with the development of the Project,
including Planned Development District rezoning (City Council Ordinance No.
15-03), general provisions for the PD District rezoning including the
Development Plan (City Council Resolution No, 207-03), Vesting Tentative Map
for Tract 7441 (Planning Commission ["PC"] Resolution No. 03-48), and site
development review (PC Resolution No. 03-48), (collectively, together with any
approvals or permits now or hereafter issued with respect to the Project, the
"Project Approvals"); and
G. Development of the Property by Developer may be subject to
certain future discretionary approvals, which, if granted, shall automatically
Dublin/Pfeiffer Ranch Development Agreement
For the SilveriafHaight Project
72'¡j6~¡ ,1
Page 2
Draft: January 14. 2005
It
.
e
.
{¡¡ iIþ {¡. ¡"
become part of the Project Approvals as each such approval becomes effective;
and
H. City desires the timely, efficient, orderly and proper development of
said Project; and
I. The City Council has found that. among other things, this
Agreement is consistent with its General Plan and the Eastern Dublin Specific
Plan and has been reviewed and evaluated in accordance with Chapter 8.56;
and
J, City and Developer have reached agreement and desire to express
herein a. development agreement that will facilitate development of the Project
subject to conditions set forth herein; and
K. On , the City Council of the City of Dublin adopted
Ordinance No. _ approving this Agreement. The ordinance took effect on
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration ofthe mutual promises, obligations and covenants herein
contained, City and Deveioper agree as follows:
AGREEMENT
1,
Description of Property.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2, Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3, Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4,
Effective Date and Term.
Dublin/Pfeiffer Ranch Development Agreement
For the Silverie/Haight Project
7296;:14.1
Pege 3
DRAFT: January 14, 2005
t!íb{o"Þ
4.1. Effective Date. The effective date of this Agreement shall be the
date upon which this Agreement is signed by City.
4.2. Term. The term of this Agreement shall commence on the
effective date and extend five (5) years thereafter, unless said term is otherwise
terminated or modified by circumstances set forth in this Agreement.
·
5. Use of the Propertv.
5.1. Richt to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments
to any of them as shall, from time to time, be approved pursuant to this
Agreement.
5.2. Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height. bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
-- .-
5.3. Additional 'Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B sttached hereto and incorporated herein by
reference. .
·
..
5.3.1. Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions
(These conditions do not affect Developer's responsibility to obtain all
other iand use approvals required by the ordinances of the City of Dublin
other approvals from regulatory agencies.)
Not Applicable
5.3.2. Mitiqation Conditions. Additional or modified conditions
agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or othelWise relating to development
of the Project.
See Exhibit B
5.3.3. Phasinq, Timina. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
·
Dublin/Pfeiffer Ranch Development Agreement
FDr the Silveria/Haight Project
729634.1
Page 4
DRAFT: January 14. 2005
·
·
·
'Õ qý ¡"
See Exhibit e
5.3A. Financino Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5. Fees. Dedications, Terms relating to payment offees or
dedication of property.
See Exhibit B
5,3,6. Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7. Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules, Reoulations and Official Policies.
6.1. Rules re Permitted Uses. For the term of this Agreement, the City's
ordinances, resoiutions, rules, regulation::;-and official policies governing the
permitted uses of the Property, governing density and intensity of use of the
Property and the maximum height, bulk and size of proposed buildings shall be
those in force and effect on the effective date of the Agreement.
6.2, Rules re Desion and Construction. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official policies governing design, improvement and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of the applicable discretionary approval, whether the date of
that approval is prior to or after the date of this Agreement. Ordinances,
resolutions, rules. regulations and official policies governing design, improvement
and construction standards and specifications applicable to public improvements
to be constructed by Developer shall be those in force and effect at the time of
the applicable discretionary approval, whether date of approval is prior to or after
the date of this Agreement.
6.3. Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance
with the provisions of the Uniform Building, Mechanical. Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
72%,..1
Page 5
DRAFT: January 14, 2005
'1p/) l,'Y
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
.
7, Subseauently Enacted Rules and Reaulations,
7,1, New Rules and Reaulations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the effective date of this Agreement and which are not in conflict with those
applicable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
policies would not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official policies have general applicability,
7.2, Approvai of Application. Nothing in this Agreement shall preyent
the City from denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions. rules, regulations and policies except that such subsequent actions
shall be subject to any conditions, terms, restrictions, and requirements expressly
set forth herein,
7,3. Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the eVent an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558.
.
8, SubsequentlY Enacted or Revised Fees, Assessments and Taxes.
8.1. Fees, Exactions, Dedications City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B), The City shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit S, subparagraph 53.5).
e
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
72ii!534,1
Page 6
DRAFT: January 14, 2005
·
e
e
lùBb (,. 7,
6.2. Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective only; and (3) the
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development in accordance with this Agreement.
6.3. New Taxes. Any sUbsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
6A. Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5. Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and Developer does not return its ballot, Developer
agrees, on behalf of itself and its successors, that City may count Developer's
ballot as affiffi1atively voting in favor of such assessment, fee or charge,
9.
Amendment or·Cancellation.
9.1. Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the effective date of
this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the
City, the parties shall meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation.
Any such amendment or suspension of the Agreement shall be approved by the
City Council in accordance with Chapter 8.56.
9.2. Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 6.56.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses of the Property as provided in paragraph 5.2; (c) provisions for "significant"
reservation or dedication of land as provided in Exhibit B; (d) conditions, terms,
restrictions or requirements for subsequent discretionary actions; (e) the density
or intensity of use of the Project: (f) the maximum height or size of proposed
Dublin/Pfeiffer Ranch Development Agreement
For the Siiveria/Haight Project
729634.1
Page 7
DRAFT: January 14,2005
I /9[:/.1' V
buildings; or (g) monetary contributions by Developer as provided in this
Agreement, shall not, except to the extent otherwise required by law, require
notice or public hearing before either the Planning Commission or the City
Council before the parties may execute an amendment hereto. City's Public
Works Director shall determine whether a reservation or dedication is
"significant"
·
9.4. Amendment of Proiect Approvals. Any amendment of Project
Approvals reiating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the Developer; or (g) public improvements to be
constructed by Developer shall require an amendment of this Agreement. Such
amendment shall be limited to those provisions of this Agreement which are
implicated by the amendment of the Project Approval. Any other amendment of
the Project Approvals, or any of them, shall not require amendment of this
Agreement unless the amendment of the Project Approval(s) relates specifically
to some provision of this Agreement.
9.5. -Cancellation bv Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit
ª of this Agreement prior to the date of cantellation shall be retained by City.
·
10. Term of Proiect Approvals.
10.1. Pursuant to California Government Code Section 66452.6(a), the
term of the vesting tentative map described in Recital F above shall automatically
be extended for the term of this Agreement. The term of any other Project
Approval shall be extended only if so provided in Exhibit B.
11. Annual Review
11.1. Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2005 and each July 15 to August 15 thereafter.
11.2. Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
·
DublinfPfeiffer Ranch Development Agreement
F or the SlIveriafHaight Project
729634.1
Page 8
DRAFT: January 14, 2005
·
tit
e
r¿7Sb (p).
11.3. Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits concerning
contract performance at least five (5) days prior to any annual review.
11.4. Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City'S schedule
of fees In effect at the time of review.
12. Default.
12.1. Other Remedies Available. Upon the occurrence of an event of
default. the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in City's regulations governing
development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2. Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure'-such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3. No Damaqes Aaainst City. In no event shall damages be awarded
against City upon an event of default or upon termination of this Agreement.
13. Estopoel Certificate.
13.1. Either party may, at any time, and from time to time, request written
notice from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonably be agreed to by the parties,
City Manager of City shall be authorized to execute any certificate requested by
Developer. Should the party receiving the request not execute and return such
certificate within the applicable period, this shall not be deemed to be a default,
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
7296M.1
Page 9
DRAFT: January 14,2005
13G1b¡'Þ"
provided that such party shall be deemed to have certified that the statements in
clauses (a) through (c) of this section are true, and any party may rely on such
deemed certification.
.
14. Mortoaoee Protection: Certain Riahts of Cure.
14.1. Mortaaoee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shali defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of'
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
14.2. Mortaaaee Not Obliaated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements; or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any use"s .or to construct any improveménts thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
e
14.3. Notice of Default to Mortaaaee and Extension of Rioht to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Deveioper with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-day cure period
provided in paragraph 12.2 for not more than an additional sixty (60) days upon
request of Developer or a Mortgagee.
15. Severabilitv.
15.1. The unenforceability, invalidity or illegality of any provisions,
covenant, condition or term of this Agreement shali not render the other
provisions unenforceable, invalid or illegal.
e
Dublin/Pfeiffer Rench Development Agreement
For the Silveria/Haight Project
729634.1
Page 10
DRAFT: January 14, 2005
e
e
e
l<-ttt\ý ~
16. Attornevs' Fees and Costs.
16.1, If City or Developer initiates any action at law or in equity to enforce
or interpret the terms and conditions of this Agreement, the prevailing party Shall
be entitled to recover reasonable attorneys' fees and costs In addition to any
other reHefto which it may otherwise be entitled. If any person or entity not a
party to this Agreement initiates an action at law or in equity to challenge the
validity of any provision of this Agreement or the Project Approvals, the parties
shall cooperate indefending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable court costs and attorneys' fees expended by City in defense of any
such action or other proceeding,
17. Transfers and Assiqnments.
17.1. RiGht to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a "Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer arising
her'8under and that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of Developer's rights, interests and obligations hereunder shall occur
without prior written notice to City and approval by the City Manager, which
approval shall not be unreasonably withheld or delayed, .-
17.2. Approval and Notice of Sale, Transfer or AssiGnment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after Developer's notice, provided all necessary documents,
certifications and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations
that have been transferred and those which have been retained by Developer)
shall be recorded in the official records of Alameda County, in a form acceptable
to the City Manager, concurrently with such sale, transfer or assignment.
17.3. Effect of Sale. Transfer or AssiGnment. Developer'shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to subparagraph 17.1 of this Agreement. provided that: a)
such sale, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 17.1 of this Agreement; and b) such obligations are
expressly assumed by Transferee and provided that such Transferee shall be
subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval
pursuant to subparagraphs 17.1 and 17.2 of this Agreement.
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
1296".1
Page 11
DRAFT: January 14, 2005
¡ t:> ct> (,p-¡'"
17.4. Permitted Transfer. Purchase or Assiqnment. The sale or other
transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a deed of trust encumbering
Developer's interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee
shall be subject to the provisions of paragraph 17.1.
17.5. Termination of Ac¡reement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the burdens of
this Agreement shall terminate as to any lot which has been finally subdivided
and individually (and not in "bulk") leased (for a period of longer than one year) or
sold to the purchaser or user thereof and thereupon and without the execution or
recordation of any further document or instrument such lot shall be released from
and no longer be subject to or burdened by the provisions of this Agreement;
provided, however, that the benefits of this Agreement shall continue to run as to
any such lot until a building is constructed on such lot, or until the termination of
this Agreement, if earlier, at which time this Agreement shaH terminate as to such
lot.
e
18. Aqreement Runs with the Land.
18.1. All of the provisions, rights. terms, covenants, and obligations
contained in this Agreement shall be binding upon the parties and their
respective heirs, successors and assignees, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of law or in any manner whatsoever. All of the
provisions of this Agreement shall be enforceable as equitable servitude and
shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burden upon such properties, (b) runs with such properties,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
e
19. Bankruptcv.
19.1. The obligations of this Agreement shall not be dischargeabie in
bankruptcy.
20. Indemnification.
.
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
729634.1
Page 12
DRAFT: January 14, 2005
e
.
e
\/¡,t6 tPþ
20.1. Developer agrees to indemnify, defend and hold harmless City. and
its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (inciuding legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents. or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of City, its contractors, subcontractors, agents or employees or with
respect to the maintenance. use or condition of any improvement after the time it
has been dedicated to and accepted by the City or another. public entity (except
as provided in an improvement agreement or maintenance bond).
21. Insurance.
21.1. Public Liability and Property DamaQe .Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2.', Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3. Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
22.1. Developer acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of City.
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
12""1
Page 13
DRAFT: January 14,2005
nUb k),-
23. Notices.
e
23.1. All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Pfeiffer Ranch Investors II, Inc.
Attn: AI Pinn
1475 Saratoga Ave., Suite 250
San Jose, CA 95129
FAX No. (408) 252-2632
A party may change address by giving notice in writing to the other party
and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemE¡d given the
follbwing dáy or by facsimile transmission which shall be deemed given upon
verification of receipt.
.
24. Aareement is Entire UnderstandinQ.
This Agreement constitutes the entire understanding and agreement of the
parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A
Legal Description of Property
Exhibit B
Additional Conditions
Exhibit C
Nieisen Driveway - Truck Turn-Around
Exhibit D
Nielsen Property Proposed Right Turn Pocket
Extension
e
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
729a,%1
Page 14
DRAFT: January 14. 2005
e
e
.
Exhibit E
Temporary Bridge
Exhibit F
Open Space/Conservation Easement Areas
26. Counterparts.
\ ß "b(P~>
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original.
27. Recordation.
City shall record a copy of this Agreement within ten days following
execution by all parties.
[Signature Page Follows]
DublinfPfelffer Rench DevelDpment Agreement
For the SilveriafHaight Project
72!;!634.1
Page 1 5
DRAFT: Januery 14. 2005
14tíb 4)-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
By:
Mayor
Date:
A TIEST:
By:
City Clerk
APPROVED AS TO FORM:
Date:
City Attorney
PFIEFFER RANCH INVESTORS II, INC.
a California corporation
By:
Print
Its:
IZ'~
Date:
(NOTARIZATION ATTACHED)
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project
729634.1
...
¡/rt/oS
,
Page 16
DRAFT: January 14, 2005
.
e
e
e
.
.
~¿,. ;v
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
} Sa,
on,.!OfJUQ V':.J../7;J(J(J5 b~fore(l\e: J
personally appeared I+:fa J/1 1\. h 1111
State of California
County of (l{ a..Jr2II e dLL-
.,," . .JoDI
.'...... .'. .. Com..m IÌIb....'. " I~.·.... .. .
¡ . ..' Notary "'*'lIe -~...
AIatMc:Iq qøuntV
. tv1vCorm'l.~...,J1
!/Jd,
Nllml(.) ¢t S!Çn~r(~1
)ið personally known to me
o proved to me on the basis
evidsnee
of satisfactory
to be the per.on(s) whose name(s) is/are
SUbscribed to the within instrument and
aoknowledgad to me that helshe/thay exsouted
the Sarna in his/her/their authorized
oapadty(les), and that by his/her/their
signeturais) on the instrumant the person Is), or
the entity upon behalf of which the person(s)
eotad. exeouted the instrument.
----
OPTIONAL
Thoµgh the Infr:Jrrn8.rIoti DfJlow I~ not required by hiw, It may prove vslualJl~ to- persons r~/ying on the ¡jOm.lm~mt and coufa prßVélnr
frsudUiMt femoval ana r~fJtl:Bc:hn'ls(]r of tnls form tt;J snother QDGUmtmt,
Description of Attached Document
11tle or Typo of Dooument:
Document Date:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer
Signer's Name:
o Individuel
o Corporate Officer -11l1e(s):
o Partner - 0 Limited 0 G"n"ral
o Attorney-in-Fact
D Trustee
LJ Guardian or Conservator
o Othec:
Signer is Representing,
Number of Pages:
C 19911 Nl ltlcnel NoIllry Abl!lo¡:jl!l(h;~ . 9350 D" e.Q\Q Iwa., P.o. Box 2.402· CI'N:Il&Nofln, CA 1i11~j:;":i!4cI2· WWYI'.nMl~naWy.org
f'rcd.No,!\.907
~rdllr.CQI!'raI .~f~B1·soo.lP¡s.ß82?
1-1J'1:¡t..rj\.
EXHIBIT A
Property Description
(To be inserted when finalized)
Dublin/Pfeiffer Ranch Development AgrBBment
For the Silveria/Haight Project-EXHIBIT A
a64339.2
e
.
e
e
e
.
;22-db iJI r
EXHIBIT B
Add~onaICond~ons
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Suboaraaraph 5.3.1 .- Subseauent Discretionarv Approvals
None.
SubparaClraph 5.3.2 -- Mitiaation Conditions
Subsection a.
Infrastructure Seauenclna Proaram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. 03-48 of the City of Dublin Planning
Commission approving the Vesting Tentative Map for Tentative nact Map 7441
and Site Development Review for PA 02-024 Pinn Brothers Homes, Silveria
Ranch Tassajara Road/Fallon Road (hereafter "TM Resolution") shall be
completed by Developer to the satisfaction of the Public Works Director at the
times and in the manner specified in the TM Resolution unless"otherwise
provided below. All such roadwaýimprovements shall be constructed to the
satisfaction and requirements of City's Public Works Director,
-Condition 29 [Traffic Study]:
Condition 29 reads as follows:
Traffic Study. The Applicant/Developer shall construct all
necessary on-site and off·site traffic mitigation improvements as
discussed in A Traffic Study for the Proposed Silveria Ranch
Deveiopment in the City of Dublin prepared by T JKM
Transportation Consultants. In addition to the Project-Specific
mitigations listed in the report, the Applicant Developer shall also
contribute a pro-rata share toward funding the following
improvements:
1. Adding a shared rightJIeft-tum lane on the 1-580 Eastbound
Off-ramp at Hacienda Drive as identified in the East Dublin
Properties EIR.
2. Improvements for the intersection of Dublin
Boulevard/Dougherty Road as evaluated in the study under
DublinlPfeiffer Ranch Development Agreement Page 1
For the Silveria/Haight Project-EXHIBIT B Draft: January 14, 2005
7206$4.'
¡. '?øt) tp"Þ
Buildout conditions. The Applicant/Developer shall advance
to the City applicable monies for acquisition of right~of-way
and construction of the improvements assumed in the study
The amount of money advanced to the City will be based on
the Applicant/Developer's fair share of the deficit (spread
over those projects which are required to make up the
deficit) between funds available to the City from Category 2
Eastern Dublin Traffic Impact Fee funds and the estimated
cost of acquiring the right-of-way and constructing the
improvements. The City will provide credit for the Category
2 Eastern Dublin Traffic Impact Fee to the
Applicant/Developer for any advance of monies made for the
improvements planned for the Dublin Boulevard/Dougherty
Road intersection.
e
When Required: Prior to acceptance of improvements.
The City recently adopted an update to the Eastern
Dublin Traffic Impact Fee ("the updated TIF"), and the
improvements funded by the updated TIF include the shared
rightlleft~turn lane on 1-580 eastbound off-ramp at Hacienda
Drive referred to in Condition 29 ("the Shared Turn Lane
Improvements"). Accordingly, notwithstanding anything to the
contrary in Condition 29, Developer shall in lieu of making the
paymentrequirèd by Condition 29 associated with the Snared
Turn Lane Improvements pay (in cash or, at Developer's
discretion, to the extent permitted by Subsection 5.3.5.a, TIF
Credits) the updated TIF. Developer's payment of the updated
TIF shall be deemed to comply with Developer's payment
obligations in Condition 29 with respect to the Shared Turn Lane
Improvements.
e
With regard to the Dublin Boulevard/Dougherty Road
Intersection Improvements, Developer shall provide CITY with
Developer's fair share, as determined by CITY on the basis of
the Project's trips, for the costs of design and construction of
Dublin Boulevard/Dougherty Road Intersection Improvements
by a payment to CITY in cash in the amount of the Project's fair
share of the deficiency, if any, between funds available to CITY
for CIP Project # 96852 [Dougherty Road/Dublin Blvd.
Intersection] and the cost of such project. Such payment to be
made within 30 days of written notice from the Public Works
. Director, which notice will be given following bid opening. If
such payment is made prior to the issuance of building permits,
City shall provide a credit to Developerfor funds advanced by
Developer pursuant to Condition 29. All aspects of the credit
Dublin/Pfeiffer Ranch Developmant Agreemant
For tha Silveria/Haight Project~EXHIBIT B
729634.1
Page 2
Draft: January 14. 2005
e
·
tit
e
2- 4 /I'þ t, -:-
shall be covered by City'sAdministrative Guidelines for Eastern
Dublin Trafficln,pac::t Fees. (Resolution Nó. 23-99 ("TIF
Guidelines"), Notwithstanding the provisions of Section 4 of this
Agreement, Condition 29 and the provisions of this subsection
shall survive the expiration of this Agreement if the Property is
developed pursuanUo the Vesting Tentative Map approved by
PC Resolution No. 03-48.
-Condition 37 [Access to. Nieisen]
Condition 37 reads as follows:
Access to Nielsen. An i3ccess easement across a porlion of
Partel Ashallbe granted to Nielsen for access between Street
"A" and APN 985-0002"009. The easement configuration and
the approach from Street "A" shall allow trõJetor-trailer trucks
sefe, convenient, and unobstructed access to the Nielsen
property from Street "A". The structural pavement section for
Street ';4" shall be extended to and confolm to the existing
surfacing õJt the common property line. The_ApplicantJDeveloper
shall provide conform grading õJnd road surfacing on the Nielsen
properly as needed to provide a suitable connection to the
existing Nielsen driveway, subject to permission b,einggranted
by the propertyowner. Improvements shall be in general
conformance with the attached exhibit dated 9/17/03 prepared
by RJA and Associates. The Applicant! Developer shall also
provide provisions for closure of the existing Nielsen property
driveway if directed by the City.
When required: Prior to Acceptance of Final Map.
In order to ensure appropriate access to the Nielsen
property. Developer shall, prior to acceptance of the final map,
comply with the following instead of the requirements of
Condition 31.
Developer shall either bond for or improve the entrance at
the northern boundary of the Nielsen Property and the extension
of Road B consistentwitti thèdesign conceptually shown on
Exhibit C to the Agreement, which is labeled "Nielsen Driveway
- Truck Turn-Around." Notwithstanding anything to the
contrary shown on Exhibit C, this Agreement shall not require
Developer to construct anyimproV6ments on the Nielsen
property nor shall this Agreement require Developer to construct
the fencing or gating shown on Exhibit C. The. extension of
Dublin/Pfeiffer Ranch Development Agreement
For tM S.ilverialHaight Project-EXHIBIT B
121;1634.1 .
Page 3 .
Draft: January 14,2005
J. S ø:o (¿ 1--
Road B shall allow tractor-trailer trucks safe, convenient, and
unobstructed access to the Nielsen property from Street A and
shall provide a safe and adequate truck turn-around within the
Street A and Street B intersection (as shown on Exhibit C). The
improvements shall be completed to the satisfaction of the City
Engineer. The City does not anticipate accepting the offers of
dedication of the right of way for the extension of Street B south
of Street A until such time as the eXtension is completed to City
standards. The improvements required by this subsection are
an interim condition and not an improved condition. Developer
shall further grant to the owner of the Nielsen Property
temporary easements of ingress and egress over those portions
of Tract 7441 south of Street A necessary for the truck turn-
around and access driveway to operate as designed ("the
Temporary Easement"). The general location of the Temporary
Easement will include the area shown in light grey on Exhibit C
to the Agreement and such adjacent areas as are reasonably
necessary for the provision of adequate access and security to
the Nielsen property. The Temporary Easement shall
automatically terminate upon the City's acceptance of the right
of way forStreet B Extension south of Street A. Deveioper shall
also grant to the owner of the Nielsen Property an easement
that permits the owner of the Nielsen Property to construct the
extension of Street B to City standards within the dedicated right
of way. The easement deeds shall be prepared to the
satisfaction of and be approved by the City Engineer and the
City Attorney.
e
e
Developer shall satisfy its obligation to mitigate all impacts to
the Nielsen Property (including loss of access rights and lost
parking spaces) by making a $155.000 payment to the owner of
the Nielsen Property, upon the recordation of the Phase 1 final
map for the Project.
-Condition 39 [Improvement of Tassajara Road]
Condition 39 reads as follows:
Improvement of Tassajara Road. With the development of
Tract 7441, Appiicant! Deveioper shall improve Tassajara Road
from the southeriyedge of the property (south of Street 'A"- to
the northerly edge of the property (north of Fallon Road) for
public street purposes and as agreed upon in the Development
Agreement between the City and Pinn Brothers Homes.
Improvements shall generally conform to the alignment, typical
sections, and phasing plan shown on Sheets 1-3 and Sheet 8 of
e
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project-EXHIBIT B
729834.1
Pege 4
Draft: January 14, 2005
·
e
e
t.οJ'b fÞ~
the tentative map, with the foliowing added conditions:
1) The entire Tassajare Road right-of-way for Tract 7441 shali
be dedicated as parl of the Phase 1 final map.
2) The interim Falion Road connection to the existing Tassajara
Road alignment (Phase 2) shali include a southbound left turn
lane and a southbound merge/ acceleration lane on Tassajara
Road and other improvements to provide for safe ingress and
egress on Tassajara Road, as determined by the City Engineer.
The Applicant/Developer shali confer with the Alameda County
Fire Department prior to development of improvement plans for
Phase 2 to determine the possibility of deferring a connection
between the two roads until Phase 4. The City Engineer may
consider deferring the connection if approved by ACFD.
3) The final interim lane channelization and geometries at the
Fallon Roadl Tassajara Road intersection (Phase 4) shali be as
approved by the City Engineer. The Phase 4 improvements
shall include retention of the existing Tassajara Road pavement
as a southbound free-right tum through the intersection.
4) The City Engineer may require additional improvements with
each phase to provide for suitable transitions between
improvements and to provi<;fe for public safety.
5) The City Engineer may modify the scope and phasing of
improvements to allow for orderiy integration of this work with
improvements to be constructed by adjoining developments.
When Required: Prior to Guaranteed Recordation of Final Map
and Approval of Improvement Plans.
Subject to Government Code Section 66462.5, the
Improvements to Tassajara Road and Fallon Road required by
Condition 39 shall include in addition a temporary 120-foot
extension of the right-turn pocket serving Street A ("the
Extension"). The Extension is designed to serve truck traffic
using the existing driveway to the Nielsen property. The
Extension shall be designed and constructed to the satisfaction
of the City Engineer and shall substantially comply with the
conceptual plan attached to the Agreement as Exhibit D and
labeled "Nielsen Property Proposed Right Turn Pocket
Extension."
Dublin/Pfe!iffer Ranch Development Agreement
For the! Silveria/Haight Project-EXHIBIT B
729834.1
Page 5
Draft: January 14, 2005
~1IQ~¡"
-Advance of Funds for Tassaiara Roadfl-580 Interchanae and
Fallon Road/I-580 Interchanae:
·
Certain improvements to the i-580lTassajara Road
Interchange ("Tassajara Interchange Improvements") and the 1-
58D/Fallon Road & EI Charro Road Interchange ("Fallon
Interchange Improvements") (collectively the "Interchange
Improvements") must be constructed in order to facilitate
development of the Project and the development of other
properties in Eastern Dublin. City has previously entered into
agreements for funding the construction of the Interchange
Improvements with developers of property within the City.
Pursuant to these agreements, four developers (Alameda
County Surplus Property Authority, Jennifer Lin, Greenbriar
Homes and Mission Peak) advanced $13,075,151 to City for the
Tassajara Interchange Improvements, and the Lin Family has
agreed to advance, but has not yet advanced, monies to the
City needed for the Fallon Interchange Improvements. All of the
agreements require the City to seek reimbursement from non-
contributing developers prior to the issuance of building permits
to the non-contributing developer. Development of the Project
will benefit from construction of the Interchange Improvements.
Pursuant to a Preannexation Agreement Between the City of
Dublin, Pinn Broth¡;¡rs Construction, Inc., Silveria Ranch, L.L.C.,
and Albert C. HaigHt Living Trust, dated September 17, 2002
("the Preannexation Agreement"), Developer agreed not to
oppose the imposition of conditions on future land-use
approvals that require Developer to advance monies for the
construction of the Interchange Improvements.
In furtherance of Section II of the Preannexation
Agreement, Developer agrees, in satisfaction of its obligations
thereunder to advance monies for the Tassajara Road
Interchange Improvements, to advance to the City $99,544 prior
to approval of the final map for Tract 7441 and agrees that it will
not assert the provisions of Government Code section 66458 to
require the City to approve a final map for Tract 7441 until such
time as it has advanced those funds to the City.
In furtherance of Section II of the Preannexation
Agreement, Developer agrees, in satisfaction of its obligations
thereunder to advance monies for the Fallon Road Interchange
Improvements, to, upon request by the City, advance to the City
1.0558% of the monies advanced by the Lin Family pursuant
that certain Agreement between the City of Dublin and the Un
Family Regarding Funding for Construction of the Fallon Roadll-
580 Interchange, dated May 1, 2001 and as subsequently
amended ("the 1-580 Construction Agreement"). As the
·
·
Dublin/Pfeiffer Ranch Development Agreement
Far the Silveria/Haight Project-EXHIBIT B
7:'Z$534.1
Page 6
Draft: January 14, 2005
·
·
·
Z<:'{;¿)D/¡;""
advances by the Un Family may be made in one or more
increments, the obligations will not be satisfied until such time
as the Un Family has satisfied its obligations under the 1-580
Construction Agreement. Notwithstanding the provisions of
Section 4 of this Agreement, the provisions of this paragraph
shall survive the expiration of this Agreement if the Property is
developed pursuant to the Vesting Tentative Map approved by
PC Resolution No. 03-48.
City will provide a credit to Developer in the amount of
Developer's payment of monies under this Section II, to be used
by Developer against payment of the Eastern Dublin Traffic
Impact Fee ("TIF"), The use of credits (inciuding limitations on
the use of credits) and manner of conversion of the credit to a
right of reimbursement will be as set forth in the City's then-
current TIF Guidelines, subject to the following provisions: (a)
the Developer shall pay an administrative fee of one-half of one
percent or $1,000 whichever is greater; (b) the credit shall be
granted at the time Developer makes payments of money
pursuant to this agreement; and (c) the Tassajara Interchange
Improvements credit may be used only against the Category 1
TIF Fees and the Fallon Interchange Improvements credit may
be used only against the Category 2 TIF Fees.
(ii)
Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and In service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potabie water system components to serve the project site shall
be compieted in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(Iv) Storm DrainaQe.
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project-EXHIBIT B
nse34.1
Psge 7
Draft: Janusry 14, 2005
t6i'bIv'ì'"
The storm drainage systems off site, as well as on site drainage
systems for the areas to be occupied, shall be improved consistent with the
Drainage Plan and tentative map conditions of approval and to the satisfaction
and requirements of the Dublin Public Works Department applying City's and
Zone 7 (Alameda County Flood Control and Water Conservation District, Zone 7)
standards and policies which are in force and effect at the time of issuance of the
permit for the proposed improvements. Pursuant to Alameda County's National
Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the
California Regional Water Quality Control Board. all grading, construction, and
development activities within the City of Dublin must comply with the provisions
of the Clean Water Act Proper erosion control measures must be installed at
development sites within the City during construction, and all activities shall
adhere to Best Management Practices.
·
Developer's plans for the Project show a proposed bioswale to
collect and filter stormwater at the southwestern corner of the property. The
location of the bioswale is between Street A and the boundary with the Nielsen
Property. Notwithstanding anything to the contrary shown on the plans approved
by the City. the bioswale shall be located 50 feet from the existing water service
well on the Nielsen property, measured horizontally, and shall be lined with a
buried impermeable membrane to ensure that the bioswale results in no surface
water infi·ltration to the groundwater aquifer.
(v)
Other Utilities (e,q, qas, electricitv. cable televisions,
telephone)
·
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any buiiding within that specific phase of
occupancy.
Subsection b.
Miscellaneous
(i) Completion Mav Be Deferred.
Notwithstanding the foregoing, City's Public Works Director may, in
his or her sole discretion and upon receipt of documentation in a form
satisfactory to the Public Works Director that assures completion. allow
Developer to defer completion of discrete portions of any pubiic improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health. safety or welfare.
(ii) Advance of Funds for Construction of Fire Station 18,
The City required the developer of Dublin Ranch Area A ("Area A
Developer") as a condition of approval of that project to construct, at no cost to
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project-EXHIBIT B
72ge34.1
Page 8
Draft: January 14,2005
·
e
.
e
~D~ (ß'¡.
the City, a fire station ("Fire Station 18") to serve a portion of Eastern Dublin that
includes the Property. Area A Developer has now completed Fire Station 18. In
conjunction with Area A Developer's construction and outfitting of Fire Station 18,
the City agreed to recover from subsequent applicants for certain land use
approvals in Eastern Dublin the subsequent appiicant's proportionate share of
the Fire Station 18 construction costs and costs of equipment and apparatus to
outfit Fire Station 18 advanced by Area A Developer, Pursuant to those
provisions, Developer agreed in section V of the Preannexation Agreement not to
oppose a requirement on future development approvals that requires Developer
to pay funds, prior to approval of final subdivision maps, in order to allow the City
to reimburse the Area A Developer for its advance of costs to construct and
equip the Fire Station 18. In furtherance of this provision in the Preannexation
Agreement. Developer agrees to advance to the City $154,261.27 prior to
approval of the final map for Tract 7441 and agrees that it will not assert the
provisions of Government Code section 66458 to require the City to approve a
final map for Tract 7441 until such time as it has advanced those funds to the
C~. .
City will provide a credit to Developer in the amount of Developer's
payment of monies under this Subsection, to be used by Deveioper against
payment of Fire Facilities Fee. The amount of the credit, once established, shall
not be increased for infiation and shall not accrue interest. The credits may be
used by Developer against payment of the Fire Facilities Fee for any project in
Dublin or, with written notice to City, may be transferred by Developer to another
developer of land in Dublin, If Developer has not been able tOi.Jse the credits
within ten years of the City's acceptance of Fire Station 18 Improvements, the
remaining credits wili convert to a right of reimbursement and shall terminate
after ten years. Any reimbursement shall be from Fire Facilities Fees only, if
available. Other aspects of the credit and right of reimbursement shall be
consistent with the City's Traffic Impact Fee Guideiines.
(iii) Pedestrian/Bicycle BridCle
The Vesting Tentative Tract Map for Tract 7441 proposes the
construction of a pedestrian/bicycle bridge over the Tassajara Creek tributary
that extends under Tassajara Road and through the Kobold and DR Acquisition I,
LLC Properties (APN 985-0002-0504-01,985-0002-05-02 and 985-0029-010).
In lieu of the location depicted on said Map, Deveioper shall construct a
pedestrian/bicycle pathway in the location and as generally depicted on Exhibit
5·
/¡vl Conservation/Open Space Easement.
Condition 27 reads as follows:
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project-EXHIBIT B
72ae34.1
Page 9
Draft: January 14, 2005
Conservation/Open Space Easement. Although no species are
present on the site, a porlion of the properly has been identified as
potential aestivation habitat for the California tiger salamander, a
Species of Special Concern.. The subject open space area, which
has been incorporated into the project, and consists of Open Space
areas/parcels C, D, and F totaling 49.1 acres, shall be preserved
for potential habitat. A conservation/open space easement. or
similar instrument shall be agreed to by the Applicant, in a form
approved by the City Engineer. City Attorney and Director of
Community Development, and recorded for the properly, including
a map illustrating the parcels within the said easement area. The
area shall be maintained by the Homeowners Associations. All
recorded documents shall be submitted to the City Engineer for City
records.
When required: Prior to Final Map.
In satisfaction of its agreement, as set forth in Condition 27,
to grant a conservation easement or similar instrument for parcels
C, D, and F, Developer shall record a development restriction upon
such parcels, and additionally upon parcel A at the time and in the
manner required by Condition 27 for parcels C, D, and F. !Exhibit F
shows the location aftheparcels A, C, D, and F.) Developei"shall
draft the development restriction for parcel A in a manner to ensure
that the interim improvements required for·access to the Nielsen
property and the Temporary Easements, as described in this
Agreement (see subsection 5.3.2(a)(i) above), may be temporarily
maintained notwithstanding the development restrictions and that
upon the City's acceptance of the right of way for Street B
Extension south of Street A the development restrictions shall
automatically become effective in the area formerly subject to the
Temporary Easements.
The City acknowledges that parcels A, C, D, and F will be
privately owned, and for the benefit of the Homeowners'
Association and its members only, though the development
restrictions shall be enforceable by City. Notwithstanding any
contrary language of Condition 27, the development restrictions
shall be recorded concurrently with the recordation of each final
map that creates any ofthe restricted parcels.
(Iv) Abandonment of Existinq PG&E Easements.
Condition 36 reads as follows:
Dublin/Pfeiffer RanCh Development Agreement
For the Silveria/Haight Project-EXHIBIT B
7,29634.1
Page 10
Draft January 14,2005
~"D(Py
e
.
e
-32Zf'b ~ ¡
.
Abandonment of Existing PG&E Easements. The existing
easements controlled by Pacific Gas & Electric Company recorded
on 7/07/59 in Book 9080 Pages 583 and 585, as identified in the
report by First American Titie (Order Number 61 0646ALA) dated
3/28/02 shall be extinguished prior to approval of the final map.
The Applicant/Developer shall provide the City with an updated
Title Report as evidence that said easements have been
extinguished.
When required: Prior to Acceptance of Improvements.
Developer has received and recorded a quit claim deed from
PG&E for the the PG&E. The City acknowledges that the
easements have been extinguished and that Condition 36 has been
satisfied.
SubparaQraph 5,3.3 .. PhasinCl, Timina
This Agreement contains no requirements that Developer must initiate or
complete development of the Project within any period of time set by City. It is
the intention of this provision that Developer be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
.. .
e Subparaaraph 5.3.4 -- Financlna Plan
Developer will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in Subparagraph 5.3.6 beiow).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in Subparagraph 5.3.2(a)(ii) and (iii) above.
SubparaaraDh 5.3.5 -" Fees, Dedications
Subsection a.
Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
issuance.
.
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project-EXHIBIT B
7296:3.01\.1
Page 11
Draft: Jenuary 14, 2005
~øt>. f; v
Developer further agrees that it will pay eleven percent (11 %) of the
"Section 1/Category 1" portion of the TIF in cash.
.
Developer also agrees that it will pay twenty-five percent 25% of the
"Section 2/Category 2" portion of the TIF in cash. If City amends its TIF fee and
as a result the City's outstanding balance due on loans is less than 25% of total
Section 2/Category 2 improvements, the Developer shall pay such reduced
percentage of the "Section 2/Category 2" portion of the TIF in cash.
Subsection b.
Traffic Impact Fee to Reimburse Pleasantonfor
Freewav Interchanaes.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98
and by any subsequent resolution which revises such Fee. Developer will pay
such fees no later than the time of issuance of building permits and in the amount
of the impact fee in effect at time of building permit issuance.
Subsection c.
Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
. then-current amount of the fee.
e
Subsection d.
Noise Mltic¡ation Fee.
Developer shall pay a Noise Mitigation Fee established by City of Dublin
Resolution No. 33-96, including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee In effect at time of building permit issuance.
Subsection e.
School Impact Fees.
School impact fees shall be paid by Developer in accordance with
Government Code section 53080 and the agreement between Developer's
predecessor in interest and the Dublin Unified School District regarding payment
of mitigation fees.
Subsection f.
Fire Impact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Dublin/Pfeiffer Ranoh Development Agreement
For the Silveria/Haight Project-EXHIBIT B
729534.1
Page 12
Draft: January 14. 2005
e
.
-~e
.
:;~ va·
Subsection q.
Tri-Vallev Transportation Development Impact
Fee.
Developer shall pay the Tri-Valley Transportation Development Fee in the
amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. Developer will pay suoh fees no
later than the time of issuanoe of building permits and in the amount of the
impaot fee in effect at time of building permit issuanoe.
SubparaQraph 5.3.6 -- Credit
Subsection a.
Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements described
in the resolution establishing the Eastern Dublin Traffio Impact Fee if such
improvements are constructed by the Developer in their ultimate location. All
aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guideiines").
Subsection b.
Traffic Impact Fee Riaht-of-Wav Dedications --
Credit
City shall provide a credit to Developer for any TIF area right-of-way to be
dedicated by Developer to City which is required for improvements which are
described'in the resolution establishing the Eastern Dublin Traffic Impact-fee.
All aspects of the credits shall be. governed by the TIF Guidelines.
Dublin/Pfeiffer Ranch Development Agreement
For the Silveria/Haight Project-EXHIBIT B
729634,1
Page 13
Draft: January 14, 2005
'.
'iI '\,--"., \I'K" "
\ ' \
,\ 1 I \ \ \
" .
. '",., I '
1"".1 ,,' I
~--~. \"'".J
\ Z"""
, \
'i b.JI\
'I' , ,\
........- ...,., ~
~./""'-'\\ \ tf) \ \'"
. ~ 1':<\
J..\ \ / ,.,\" \
" '......",.~..""'.~ W·-"\.~,.
'~'--~-""., , ,
,\ ~ ¡ "\,
. '\, .\ ·,.1 ",
\ "'Z'" ' ''-,,5:)
">~'~"'"'~". . ""1-,..,
\. \..."'
\ '^' \
,,··..i,..../ '\"
. ~.-. ¡
- ..;;. --". :, >".".J ". . ,f".;.~,~.,\,___~,
,~ï ,.j. ! ' I
\. XI . ~.'" .\ \ -'-", , 1,_,_
. ~ " \ /"'-1
X I
/ I .. _..- !
! X
/'
I _~.,
i' l-.
", '. ·".---4-"'l.,,_",~./'·~-'il
"'.\ \
+,\' ''''.. I ..'
I ì \.........".............
I -'"
+ \ 'i"~ 1
~."-": ../ .,
+ r···.""..i.¡ __._
1 ,~"H "'"" '......~
I" ~ ,~r<""
,. ~,.
e""""
l ',\
'i. "t i
:\_"1
~
'<:1'
'<:1'
1"-
\-
U
~
,
I
I
I
f
,
:6fb\e).
'., '\. ""l.
\ '\"', ·t·
\'" '-" -'"
.",,~~
ø" "'\. f'
a", ". ~'}¡
,'iiJ~'..
, ~;,,'\;
.'.... ¡: cc.....
\, :!!,t]
\ " ....,....~.!Ii..;...
""\ " tn'~.m
\ '-... cOCDið",.
'\ \"'" "ß-" ;
'\., '., ii
", \'\ ,!C t-
"'). A
.~ 1;)!~.
""".£.~.~"
".".,'~."-
~
-r--, ~ "~
<c
~
I""J 3::.6
"......",.~~~..~'"
~
~,~.
~~.-""-.~._~~-~- ~
~,_......~"-,-,----,.""
-".
,.~-~".........."-'~, '.,,'.
ì
I
,
,
" ,
"'"
, .
.1
\
I..""·
·1'
.,,/'
/ ':1 -""-.
." I ~." i
\ \.~,~.~ \i \
',':r,-~J
"
..
,
I
,,"
·'i,
t \ '."
, .
\ I
\
;'i "-,
"
1'1
I I
\ i".
" ¡.
\......-""
i
,
\
/
\ /"
I I .<
L, ì \ /
\ -r-., \'
I \ i \
-- I \ / \
\ ", '..~, \.
.,,/'
---
~~---
----~~----
"
4,':;'
"'
""
CO
"<
'~'.
l.
-..,.
ï:5
:0.
S?
,'-,
D
Z
::<
o
a:
.,¡;
I
z:
a:
::)
--
~
Q
:::>
tre
(
o
r-
ID
-,
Ii
X, >-
Wi
.,¡;
;¡::
UJ
>
¡:¡;;
o
.".
ü:i
CD
-!
III
-
"-
.
i
f
\ " 1
""~'~=_'::~~::~:'~~;~,~....
,0 I
~;
" <'.,"·""-1". I
"-/ --;-·"'1 i \{'. ;
, I.. .1'/ i¡
I \ I
I '-_/ I
II ~
n
¡ ! i
..- j 1\ i
\ \.J..l" ;
..' j ¡
,,-"'- J
.' .. :.':." -..:: ¡n. .... i
- .. ",-."-' II I 1'1'
~.,.___....m ~
..-::~, c::' 111 J
.~' '_ ,~I
. il ~
'"",i .,1\. I":
" ~!\ I '/
Jf/~ Ii. ,-~.·f ,\ .!
, 0 II " ~: /' ,'-
~G1fT OF WA r /)[D/CA~ON (1809:#' S,r.J ;" i
(i!pI TASSAJARA ROAIJ\ PRECISE ~WI 'fi,1fNM,£NT)
\ \ I ¡' f:
\ fir'·
I \ I ~ I
\ í ( ~t '
...... I ... 'I / I ¡\'
I ORIGINAL RIGHT TURN POCJ(/i:T I i .1
I / Iii
¡fill M ç:' · I
I 1-~~-~j).)
II ¡/n~ ,n' ',,;' I,
I;: [)IJS 85' ':JJWAr~ /"0 .,/ / /;///,::
, i ; ~ii j il) ~ ø ~ 'ìJ/,> /'./\~- i/ ¡::',//
¡II II II~_ _ ~'iit. ¡{ T,,,,o, Ì'I(dlh ;..... ¿''''/,o.''''·./ 7';/. ?'ò .'
~ ~ Tfi=l"1ef Width;' ar~ ~h l!Itit!Ij .'''''''hgll l" / : 1 ,.-
1\ /"roç\cr ¡rot ;,.¡e.~ I' "r¡¡ç.t'~J!rirQI!r ~911!-, 4,~'~SI~i ,/
I I!' ... i ~I ;/i/'- / . / i .'
II I, I II: ."",.-,¡ ././ "/,,I / /)" ./ ..'
"' I I j J I' ""'1 /" / / ". ( /, ..-. / .' .
:, ï!) ¡ ~\ II Id~ ~ ;;J" ./ 'J"....~ ./' ./ //,/,/ / ,/./ / ,,/' , "
EXHIBIT D
NIELSEN PROPERTY
PROPOSED RIGHT TURN POCKET EXTENSION
\\,
\
.
.'.-"''''
. .,~,
~'·I
~,~w,...___.~
,
"
",
\
\
I
!
,
I
._-~~..,~-~_.I
_._..__.,._.~"',~-
, .
, '
~.,..'^,'".........=._"'~-,.j
\
\,
M._,~....~".........._.~...
r"^"~-- .
"
.~~~=""~.~'~..~....~
.,.
4'"
ç'
~~."
e
.._,
';
e
1'-';
1 "
'\
3 ¿pub " ¡..
r-
1_,_
-'"/---- j
" -~-........._-
ì 1'-
i
I
i
i
,
,
i
--............~
,
.
r
,
,
I
I
I
I
I
s /1 L V £ R A
/RANCJi ,
/ I I'
I / :1
,; /.i ,'.. /
.~_..,~ .._-,,, ~,,·"·""~..Iiiìriii¡~__~,·/
,"'.-
¡ ,-~,~".........~'-
.,/
/
I ! I J
J 'i /.-L,-" "~
ÐIJS'TW(! DRII£W,4 Y~ j/ \
'......,/ . . ,.........-./. \.
~ ~ -'-'1',
.............~~~" LM.~J \
'....~"
\
'\
,
i
,
i.
'. " ,
'. \
\
\
N J £ 1>.8 £ N
SHEET 9 OF 9
~~.~~~
-7~;;1
, .: I
!17':_·····1"
-I.
,
J
,- -I-
.
¡'I
,.
.,
¡U
I
........f·-i-
I ¡
....····f..·!
¡
II
, .
i',
I ..
!'
·1'\·· J
~ \, I
.¡
11\
I .
"""'"'~"',i,
'~
, ,,' . .
....__·,·_·__·,.._'+_..;'7,~·-:-'-h-':.,'~~-;i.Jl·
~ i , ~~~:~ ~:t ~d:~:
. ·n··,:, .,_1<
n. ... -:'.",.:. :",:"'~":"";' ~";'r~'i":
:~ff?2~
I:.·~·' lit:,.
"¡.I ,¡'.,!i'
rt ;(;'\111!,
. .,. Uj",
"", .,
.): '.;.'!' i~
"
"\".
"""".
:;\'.:'1
.:.~ l~' . .
~~,~~.
,
I
~
:!
.:,
"':::
.::
.!
~!
~¡
i
r
I
I
'.
l'
l-
I'
II
1'.
I'
I
J'
i
I
I
¡
'. o.
I [!::,
~ : :f'""-r~ 'I
'''~I:J ~
...--------..---....
'¡or........'1IIIIII
VIljIlD.....O '....!.Imllll 'f.atn"i1' 'fj1,.nQ,IO ¡'~ID
H:>N"'~ VI\J!lA,'B . ~..¿ .L:>V~~
1fV'l~ ....LT'UJ"I ON" "NlD'II'tII/ I.I.II_~~D
~"'~ I/\I' 'VJ.~¡ ~I~II~^
¡.&. .l!III-ti" IJnd aae
,I)
':-.,~.,,:,"-,-."::,,"'..~:
,
"
;\
n;.:,
no"
"
! ~",\
~,.} "'.1
".
rl
"
"
,-
~ "b (,:11/",-'
.
I~
'
I 1·-:
ll:!;
i
ffi
·
~
0
f
0
·
"' ~
>- ~
¡¡;
:;: i e
><
ill
~
·
0
<
0
·
~
~
·
~
",..-------.................
I
I
I
I
I
,
I
"
e
!:'.::I
I ¡:'§
:z¡ '-.----;0 Cor}
I ~
.......
§¿
z
--'
~.._--..~
.
/
/
/
/
/
/
;'
/
" /
I .
) /
/1 .
II 'j
/
.f
/
.,
;/'
/'
/
z
~
/
/
I
/
/
/
u
e "
,,;
w
~
0
z
~
¡j
~
z
0
ii1
"
z
~
z
w
m
~
,.- w
Z z
~
e
~~..._--
------~--.~------~-_.
;e lib ¿" J;.
«
w
c:
«
I-
J:ffi
O;::E
Zw
<C(I')
0:<
<cW
-z:
LL a: 0
w_
>1-
t: ..J «
m ã) >
- II:
J: IW
>< ..- en
LU "lit z:
"¢'o
""0.
r-......
o
<cw
a:u
1-<
c..
ø
z
W
D-
O
".j
!.,-
.¿
""-'-
b<J«
C..j~
"!;( ~~
&,<7;
~~
[¡:¡"=!n-
&Ç¡
100
&J:s
Vj t-
<:::iCiJ
&~
~c:;
CL r......,¡
..
C
Z
W
(!J
W
..J
~,...,
i.'.;i'
.'..'1,
<J"n ¡<If 05 1l::33"
Matt.eoni Law
Letter of Agreeme-nfbetween Pfieffer Ranch
Investors II, Inc. and Robert Nielsen, Jr.
~1Ib~¡·
·
Matteoni
,. Saxe &
Olaughlin '
A W Y E R ¡
January 13. 2005
\~11'1\\jI11 ~;. M alt,..11I1 ¡
P'_µ:¡!:'Y M ," ( ' 1.1l~I¡!;h I í 11
I\I"~I J!~.,~' \1. M'ltI!'II!d
B.H rilÞ!I (;, H '~:htm 11\
. . John Doyle
(,t'ny H!!lJllllilQ I'
. _ noge, Fenton et al.
\11,," H""""'ß~'55 Stoneridge Drive #200
01 (,UI/II":I·1 .
. Pleasantor\, CA 94588
Re:' 'PfeÎffer Ranch (Plnn)iNielsen Issues; Your File No. 72503
Dear Mr. Doyle: ,
·
This letter Is intended to serve as an agreement between Robert
Nielsen ("Nielsen") and Pfeiffer Ranch Investors II, Inc ("Pfeiffer") regarding the
Silveira Ranch project. which Pfeiffer is construcling adjacent \0 Nielsen'sproper1y
on Tassajara Road. Upon ex\'>cution of thi5 I\'>tteri~greemellt by our respective
clients, each of our clients wjll pertorm the.acts described to Ihem below, in'the time
provided:' '
1, Within five (5) days of the Effective Date (as hereafter defined).
Nielsen shall deliver to Pfeiffer the Irrevocable offer of dedication In the form
attached hereto as ExhibltA. executed by,Nielsen with his signature notarized and
otherwise in' recordable form.
2. Within five (5) days of the Effective Date, Nieisen Shall e)(acute and
d'eliver to Pfeiffer an e)(8cuted righ\ of entry in the form attached hereto as E)(hibit B'
(referred to herein as the "Right of Entry").
3, Within fi~ (5) days of Pfeiffe~'s receipt from Nielsen 01 \he
documents described in 1 and 2 above, and in full and final satisfaction of any and
all potential impacts from Pfeiffer's project which have been raised'by Nielsen as of
the date of this letter agreemen\, Pfeiffer shall de'llver to Escrow 81 Firs1 American
Title Gùaranty Company, Attn: Diane Burton, 6665 Owens Drive, Pleasanton, CA
94588, (925-460-8228), a cashier's check made payable to the order of Nlelsë!l1 If'
the sum of One Hundred and Fifty Five Thousand Dollars ($155.00q.OO) 11M
"Funds"), to be held by Escrow and released in strict accordance with this ietter
agreement. . ' .
1lI1:\.4~ Th~ A¡am~rJ..¡¡
I S¡J.tI J(I¡";~·. CA. <)5 U(¡
a t ph. "'. )~.2(J:~..4:~nl)
· r ~-1 {" 4I'B.2'J:\.4( ()4
J . '
_ .. w~w.m¡ll1~ofl¡.('t!rn
A TIACHMEM12
.Ja" 10f 05 11:S3a
Mat.t.@oni Law
~082SS4004
1'.3
'4O'b
.
4. Within thirty (30) days of Nieisen's receipt of the notice from Pfeiffer
described in Section 2 of the Right of Entry, Nieisen shali, at his soie CDS I and expense
remove the first 150' of the existing fence stiirtlng from the southerly gate posl gOing south
that runs neiir Nielsen's current property boundary along ïassiijilra Road iind install a
temporary fence at the eiisterly boundary of the Right of Entry in that area, so thal Pfeiffer
may perform the work contemplat¡,d in the Rightof Entry. Should Pfeiffer need to utHlze Ihe
portion of the ROE Area south of said temporary fence area, then Pfeiffer shall notify
Niels¡,n of th¡, additional portion of the ROE Area that Pf¡,iffer needs access to, Nielsen
shall promptly remove the fence and install temporary fence in that area, and Pfeiffer shali
promptly pay to Nielsen $16!LF offence removed. Additionally, and in connection with this
work, prior to delivering such notice Pfeiffer shall stake the interior boundary of the Right of
Entry for· purposes of Nielsen's placement of the temporary fence
5. Pfeiffer shall include on (he Final Map for Phiise I of its development
(the "Map") iin irrevocable offer of dedication of that certain sixty (60) foot wide ponio" nf
the Pfeiffer property described on the Map as "Parcel H", for (he ultimate conslructlo" I)y
Nielsen of "Street B" to Ciiy stãndards to serve the Nielsen property.
6. Immediately upon the earlier of commencement of rough grading by
Pfeiffer on the property described in Exhibit A or City approval and recordal1Dn at thE; Mélp
the Funds shall be reieased I)y Escrow to Nielsen.
e
7. After recordation of the Map, Pfeiffer will construct, on Pfeiffer property
only, the Temporary Street B Access described on Sheet 5 of Pfeiffer's City·approvsd
Improvement Plans prepared by RJA, including appropriate grading and necessary 3"
electrical conduit extending 5' past edge Of pavement as described in Exhibit C to allow
installation by Nielsen of the motorized rolling gate depicted in Exhibit D.
8. Upon completion of construction of the Temporary Street B Access,
and prior torestriping Tassajara Road in iiny manner which prohibits left turns into or out of
the currently existing Nieisen driveway, Pfeiffer shell grant to Nielsen a temoorary
easement for (I) ingress and egress across Parcel H and Street A. (Ìi) grading, construction,
and maintenance of the motorized gate and related facilities depicted in Exhibits C <!'èçiJ:J
including the installiition of subsuriace electrical service to the motors for the gale. iind (1111
construction of the extension of Street B through Parcel H to City standards (\he
"Temporary Easement"). The Temporary Easement shiill be located on, over and across
those portions of Street A, Street B, Parcel H, Parcel A and Piircel C as are necessary for
(a) the Temporary Street B Access and truç:k turn-around to operate <.'IS deslgn"d 8n,'j (I"
construction of Street B to City standards in connection with the ultimate development of
the Nielsen property. The Temporary E<.'Isement sMI! include commercially reasonable
provisions obligating Nielsen to (i) indemnify and hold Pfeiffer harmiess from. "no (,i\
provide insurance protecting Pfeiffer from, all claims related to the use of Ihe Tell1poro¡ry
2
e
.
e
.
,¡an l~ 05 11:33a
.M¡gtt.eani LaW
4082834004
III
IIII ~ltm 1l!J.~
Jro"" mttœ>:
DlJ~~/~S TJU ~~~t~ ~~ é~S 2~,'~152
J_""_ t".t4 ¡:,.y~
t·'"
IOD'd
TI',._7?"'"
E$~ ~a þy Nielsen. Mis ;)gWll$. reµ~maUY!1$. if\Vitees,' etc.' 'l'tJ$ 1'empcl'Sry
Ea!l9!'lllJntst,IŒ aurom;:¡tioslly b<rm1na!e ~pon 1)1" CIIy'.! acœplan<>ð oIP!eII'We ¡""vo;$>'"
ø1Ier [Jf œdiœllon of paroa/ H. Tn" TaTnPOr2!l' 1:=",..,,1 shan boo prep""",,, I," IM~
~"'Ion of ",nG be S!'p""'iU! bY """'""'. ",,"""'T'. ..... elly !;n¡¡,,,"" ,,,,. ",.. Co,.,
A.l\or".,y. . .
It Eat;h partyagraes io r~!Y "",operata with lha c\11e.t it'!
CO/1n,.c¡\on ",1111 !11<' po"",n ct ~1U1~""'O'" ....<1 ,,~ for their re$pac:1",e prcpe,~",e.
at no 1;>3'<: to Ih!! r:oope¡¡¡~r.g ~rty. speclflollY. NI~ is unawareøl an, impa<;15
itOm _ Pf8!II'ar proJocl wJ1ictJ hava not b~ addfSSS"d 1I11't>U9h Ih!s ¡attar al/=-....
and "'SI...es t\Ot 10 objd sn~Jor intartel"'. in th. ~t """"," otthc"" word~. with me
del/e!OÇJ!rn!(1laf Pfel!fe1'$ ¡¡roiac:1ln !õ'JbStr"tial eÞ!I1plla"cs willi Pfelfl'e¡'s ".isting
Mllt!ement&.
p.4
4¡6~Ÿ
IIl\JJ! ~J
P."
TOe "Elfeçl/'''' Da'e." as us"d tts<ell1abC1Ve, ah..n ..a1>lt 10 II". d ,\/I "r lagl
~tion DeI-. Theterrn' otWs ~"""".""d..n ",_"9r"""",r.,~",nd ",.,.",,,,,,nlS
"nail ¡,,".... tt! \liD þ/!n¡; /)\'OI' any "u~'¡n~ to the pl!l'\i"" rte.lelo.
f u,.. f<>tm "nil """entS ø1' mIs Q!Jt"'"ment Bre. ..=øtaÞle In Mr. 1'11£1..,,".
pi.............. h~rn¡nd!.",¡a "" m~çþ Þy ,,",1ÒnQ ¡,¡",,~lu'" ¡¡, ltrt:sp;ao:>¡¡rollldOO þ,."",r. a&
Mr, GIa3mn haõ dO<1\> 0I1 bGhalf of ?fell er-
V'i:!!.I~W;5-'1 £-
~~AN
J\ŒRSEO NS W PORM ANP ceNTENT;
?feifl'er "-""on ¡nvasW'" 11, jm;.,
" C-3lltom/,a oorpor;o:IiOl'l
Sy~ Á-----
Qalé $arren
Dati;: / - I ~ ~ O"'S
if:j rL4
De\!!: rf ~Jft'\ . 13 err
13C>H:jg
attaotorncJ'TIS
",:::. D'" 13¡ """ ( wIo~"/E )
O,\~.""'.--n."',...foi/foI+Il.I...............g""" 1......)·-
3
¡.ppt<;¡;"aolo
~~..., "!u~~+"+~W
"..-..- . ----- -~. ,.......
nv 61:60 IHj 900¡-'I-N~P
.. ......--------..-.......-..-..
t
er~'¡;C ~p y! uor
"ÎIiI
ct/r'¡¡¡'¡'i",~..,/ti'h\\1tIl'1i1~I.:\~¡,;I~,~¡:¡tl.\Wl.~""IM'¡¡I~~ !III! i 11!Ø/1~ ."UIIII.I.I.:.i ~1(Jœ¡' . """''''".....,' ""-~~ ~ . "!\'''''t'.1I~'_ ~..~~.'"""'.......,"'~~""- '",,,,,.., ......"·,,,ÐL'··" .-.""",¡'".. "; 42.1; ! ¡.
III .
· . ~ · ~
· '!1 Z :~1
~ . 0 " \'\)
° N · 0
<; .:¡ "- -
" ] ;¡; -" -'
" ~ 1;"
0 .- . IX)
0" Þ-
· ~ ~ . · ~ 0 =... ~ 8'.
,'! -. · <; · :::I '~:J 2: .
êã õ ,j"- Š ¡¡: · ' E £ .. ?;:~ c ~,
> ~ " ~s c CtI Ii.!~'¡¡
<; > ~ " "8 ° " "'0
- .« " 0 ¡; ¡¡ · '. 'i¡j,Q - .... ""-
c õ ; 0 ¿; . õ, · "- =" dt~
õ g 00 c.. ~
41· " > ¡¡: E " .:J ". CII"~ Z ~ i: ~~.;
i 0 ,~ - 0 " ~ 0 0 > w-
E '" c ~ . ... = > ~o ~·ê a: (,)
u o . . · I ~11
· ~ ~ 0 0 = È '" 0 =c 'it;
~. C ~ .. " UJ ~f
~' ~ "- :¡¡ , 0 ., " .... ~
cc 0 Q 'E Q ª . !! = Q $>: .!:?" ,- r:: ·
0- " ° I-
" co, m >- -E, "' "' >, > , (,) ¡ ,fi~ EEJ fi.....
'" .!: c:: ~ CI) 1-
.... > 8 '" II
" c tI> l~môJ~[i]1 I Q. ..,:¡¡¡;
.S!' W '" w en !I: hAg
u. ..oJ
'") ( 1 ¡, ,'~' ~-::. - <"'-- -........ ~ , I '"! ,
';'1 '" (.-.... l,.., ,'- - ... .\ '_ I ('
- J L ¡ _ , ' ~ 1 . (' .,
,_....:;.., ',- I, \1 '¡ì ((,I.. --'" 1-.--:/1 '..., \ " \ I., (
-"""~qtø,,,\ll;~ ':.:;:¡ ,- -. I -,';.1 "I (....,,~,'.,,-> / /~)\ _j- ! '..\
'l' /<¡..} , ',~~~¡,\ - \i~I)~ ( T,'" /" ~~)'I \! ¡_lil/,"
'- - \ i ,_ -, ) .... " ~ ~ \' r ,
'I.,,"ì.,'-"'\ I , ) ~_ '~~' \ _ \
I' , ,':_-... \ -/ "j 1 / -,-- ", '~, ('
,! \1'11' \ y'".! F'--" ,'.... - ,r .....
,'n --', ;-:,_, r . "';-j J\ ,..J,.
'.... ¡ __ -- ,-''Í(.i" ""'.
I <,'-.r"', ':'''''c;"ì'' 1'1I.i,......~J'..... \1"
"\ .,._, J i j,:'; -, ':í :.~ I' j .-,' r
Î :.~/¡ ') ¡) r I I.-~ ~'("
....~ .,,_. /,N I I / ...:) .'
~- '-r ') \ \, ~
)""" "_~{ I,.,·" .~'."l -".'\", ../,' , ,..1 . '.
¡'.....,J -".. 'I ¡.) (
\" -',.';:,' /\ i Ll-)
\_. , ' , ~
" '-, '.
¡''¡'~)I c'
_ ",L ..,
" 'J r-'
( ..
- ~. ..
,_ ,-'11.
\'-:';\\<:'L,
_>;"è_\') r
j \ ., -,
..\" ~"ì">-'~\"
". " t' )
\!,--'
~, :;'c~:··;:.'"
\
t"·..-··/) f
'.' f
¡. '
:',(
.._-".,'-\
Î') \,
. )
'--:--
('ii.
( '-,.:'-~
'. ,
".'
u·
lrt
:! j.¡
dd
§
e
i
!
II!
\' ..\'"
\'''___ _ ....', ,I)',
1'·-, 1\- ----: -.--.-,.,"-
(':'\
J\ j' (- \1-1/ ,#
'i" -~.... , <
) ' .... .,' _n ... ~ , )
.' ,'. -.- i._. \ '
~, ~~.,.."" .'~;~::',:,~:,~=,.,._., :.::',~.._.' ..~~"..J '"
I ... l' "',/' ,..
,r'·"! -, .._._,.__~..".~.:~=-ì, '.,.-
", ,.---- \
j t
..
-( ,,~..-
r'-'
I
¡i
/
I
I I
I ,/
J
,-'
¡
I ~
I i
L.
~"'rlll ."'I~~H
1!'
,;
"
..
'f;
- ~
o,u
.!¡.¡¡ "
" ~
::b-
.~ ~
~ ~
.... 0
· .
oS .]
.¡; 1;
.~ ~
1JS
-;¡ ~
'&6
· ~
" M
~¡
· -"
~ '::
.I! ~
· t
0,.
~ a::
~ iii ~
" ~ ~
Õ.o~
Z ~ ~
.
,-,
~i \
/'''-~
) -
i'
,,11''''.'\.,.
'n.,-.../"'
<"..../
l.,.
.'
j
"\ (,~)
",;1]
,
I
J '" ..',
'. _~'C'\
.,-.".''''".:::::.::,':.'....-- ·1
-,..
...---"', '",
·
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: January 25,2005
Lf3Ub ù"
e SUEJECT:
ATTACHMENTS:
RECOMMENDATION:
PUBLIC HEARING: PA 02-024 Pfieffer Ranch Investors II, Inc.
Development Agreement for Silveria Ranch (Pinn Brothers Fine Homes)
Report Prepared by: Janet Harbin, Senior Planner çj(
1. Resolution recommending City Council approve the Development
Agreement between the City of DubluJ and Pfieffer Ranch Investors II,
Inc. (attached as Exhibit A)
2. Letter of Agreement dated January 13, 2005 between Pfieffer Ranch
Investors II, Inc. and Robert Nielsen, Jr.
3. Draft Agreement Between Pinn Brothers Fine Homes, Inc.(Pfieffer
Ranch InvestorS) and the City of Dublin Regarding Golden Eagle
Mitigation Measures
1. Open Public Hearing and recdve Staff presentation;
2. Take testimony ITom the Applicant's Representative and the Public;
3. Close the Public Hearing and deliberate; and,
4. Adopt the Resolution recommending City Council approve the
Development Agreement (Attachment I with DeveJopment Agreement
attached as Exhibit A)
PROJECT DESCRIPTION
e011 October 21, 2003, the City Council adopted Resolution No. 15-03 approving a Planned Development
Rezoning and Stage 2 Development Plan, for the SiJveria Ranch, located within the Eastern Dublin
Specific Plan area. This approval established the final zoning for a 93.4 acre property currently owned by
Pfieffer Ranch Investors II, Inc" and proposed for development by Pinn Brothers Fine Homes,
Additionally, the Planning Commission adopted Resolution No. 03-48 approving the Vesting Tentative
Tract Map and Site Development Review for the project. The Planned Development rezoning and the
Eastern Dublin Specific Plan require that a Development Agreement be approved prior to the issuance of
building permits for the development öfthe property.
The Silveria Ranch Project was approved to permit the construction of254 multi-family and singJe·fami1y
residential units within the northern portion of the Eastern Dubli:o Specific Plan area, adjacent to the
southeast and northeast of the intersection ofTassajara Road and the future extension of Fallon Road.
The homes are planned to be clustered and constructed on approximately 37 acres of the 93.4·acre project
site in four phases, with approximately 56 acres designated as permanent private open space under a
Conservation Easement agreed to by the developer. The open space area lies south and north of Fallon
Road adjacent to the rear yard areas of the single-family medium density duster homes and the larger
estate size lots. The Developer intends to construct 102 multi-family dwelling units or condominiums
(The Vil1as), 73 single-farnily cluster homes (The Manors), and 79 single-family homes (The Estates) on
the sitc.
~W~_______~~___________~__WM_________________.N_~_____________________R_.________w~~_______~~_w______________
e COPIES TO:
ApplicantIPropel'ty Owner
Developer
In-House Distribution
ITEM No.'2 ,d\
A 'W'f 1\ :r't.W<fJjiè;~r~."
f'l.1 ~ ~ t',~ ~~ L:iQ'Ií~~.~;!~ \1. ~I
LL
¡
G:\PA#\2002\02-024 Pinu Bros\PCSR DA lr25r05.dDc
Develovme~'t Ae-reement. ..." I , ,¡,...
One of the implementmg measures of the Eastern Dublm Specific Plan 18 the requirement that the City I.(it'è;.\ t¡,
e11ter into a Development Agreement with developers in the Plan area. The Development Agreement
provides security to the developer that the City will not change its zoning and other laws applicable to the
project for a specified period oftime. The benefit to the City of entering into, a Development Agreement
with the property owner is that the document is a contract that ensures that the goals of the Eastern Dublin .
Specific Plan are met and the inrrastructure facilities for the area are constructed with each developn.1ent
phase. Additionally, it ensures that dedications of property and easements are made, project phasing is
followed, the appropriate fees are paid for the development, and any additional terms of the agreement are
met as the development proceeds.
Approval of development agreements is by adoption ofan ordinance by the City Council upon a
recommendation by the Planning Commission. The proposed Development Agreement between the City
of Dublin and Pfieffer Ranch Investors II, Inc, for the Silvelia Ranch Project (P A 02·024) is contained in
Exhibit A of Attachment 1, the Resolution recommending City Council approval ofthe Development
Agreement. The fonnat and structure of the Development Agreement for the Silveria Ranch Project is
based on the standard Development Agreement developed by the City Attorney and adopted by the City
Council for east Dublin projects.
The agreement has been drafted and negotiated with the owners on record for the property, Pfieffer Ranch
Investors, Inc. The property owners are represented by Alan Pinn ofPinn Brothers Fine Homes for
purposes of this application. Pilm Brothers Fine Homes is also the Developer. This Development
Agreement covers all four dcvelopment phases of construction of Tentative Tract 7441 for the Silveria
Ranch Project.
ANALYSIS
The City Attorney drafted the proposed Development Agreement for Silveria Ranch with input frorn City
Staff, rcpresentatives of the property owner and Developer, and their attorneys. The Development
Agreement set forth the agreement between the parties in relation to many items, including, but not
limited to, phasing, project and off-site inrrastructure, and payment or waiver offees. The Development
Agreement runs with the land and the rights there under can be assigned. The main points of the
Development Agreement can be found in Exhibit A of Attachment I and are highlighted bclow:
.
Term: The Development Agreement becomes effective for a term of five (5) years from the date of the
signing of the agreement. The developer can request extension of the term of the development agreemcnt
for up to five additional years by notifying the City of its intent to extend the agreement and payment of
$100,000 per year for each additional year. Although the standard te= for development agreements that
are required by the Eastern Dublin Specific PlaJ:1 is :five years, in several instances where the project
would require more than five years to build out, the City has agreed to optional extensions upon payment
of $1 00,000 per year (Section 4.2 of Exhibit A).
Phasing & Timing: The Silveria Ranch/Pfieffer Ranch Investors II, Inc. Development Agreement
addresses the completion ofproject develop1l1.ent in four phases, along with the commencement and
completion timing. The first phase of the project includes 35 single-family Estate homes and 28 single-
family cluster homes (medium density), and is located south of Fallon Road. Two internal streets and a
temporary E.V.A. wm be constructed to connect with Tassajara Road. Additionally, a portion of the
south rrontage of Tassajara Road will be constructed in this phase. The Applicant also proposes to
complete rough grading and slide repair for all four phases of development as part of Phase I (Section
5.3.3 ofExhibit A). .
2
Phase 2 of the deve10pment consists of the remaining 45 single· family duster homes south of Fallon \ L5 ." iÞ ~
Road with construction of an intemal street and a public access road along the western Falion Road "t. ~ ¡r
RO.W. from Tassajara Road southward. Phase 3 consists of] 02 multi~family condominium dwellin"
, "
units located south of Fallon Road. Road improven1ents in Phase 3 indude additional imprOvemeDts to
the south frontage along Tassa,jara Road. The last phase of the Project, Phase 4, includes the remainder of
Athe single-family Estate homes located north of Falion Road. Phase 4 proposes up to 44 units with road
~mprovemeDts for an internal street along with full improvement of Fa lion Road, and construction of the
remaining pOliions ofth.e interim Tassajara Road alignment).
Mitigation Conditions: The Development Agreement addresses additiona] or modified conditions agreed
upon by the City and Developer to eliminate or mitigate adverse environmental impacts or any other
impacts related to the project deve10pment (Section 5.3.2 of Exhibit A). These conditions relate to
roadway improvements, construction of interim improvements to Tassa,jara Road and its connection with
Fallon Road, payment of the updated Traffic Impact Fee, and the negotiation of the side agreement with
the adjacent pIOperty owner, discussed below.
Fee:s and Dedications: The Development Agre:e:me:nt addresses payment of fees and the: timing of
payment, and also the repayment of fees advanced for past improvements in the Eastern Dublin Specific
Plan area (Sections 5.3.5 and 8.1 of Exhibit A). The Agreement also addresses the Open
Space/Conservation Ease:ment dedication of approximately 56 acres agreed to by the Developer, cUlTent!y
in the process of being re:cordcd by the Alameda County Recorder's Office.
Letter of Agreement with Adjaeent Property Owner: At the City Council meeting on October 21,
2003 with approval ofthe Project, the: City Council directed Staff and Pinn Brothers Fine H011)es to work
Wit!1 the adjacent property owner, Robert Nielsen, Jr., to bringresolution to the concerns he expressed
about the project's effect on his property and the businesses he operates there. The City Council
relJ.uested that Pinn Brothers provide the following: I) grant an access easement to the Nielsen prope¡iy
~OI11 the development; 2) improve the granted access easement area; and, 3) relocate II existing parking
spaces on the property,
After several months of negotiation with Mr. Nielsen and determining the cost of the various items
needed to alleviate his concerns, Pinn Brothers Fine Homes has reached an agreement with Mr, Nielsen to
pay him $180,000 to cover the projected costs. Mr, Nielscn and Piml Brothers Fille Homes have
ncgotiated a side agreement in the fom1 of a Letter of Agreement dated January 13,2005 (refer to
Attaclnnent 2, Letter of Agree¡nent) for this amount to be paid ¡md the associated conditions of payment.
Mr. Nielsen may then implement thc improvements to his property in accordance with his business
schedule, timing and ne",d"
ENVIRONMENTAL REVIEW
Pw:suant to the California Environmental Quality Act, Staff has determined that the Project be found is
exempt from CEQA pUTsuant to Govemment Code section 65457 for residential projeets that are
consistent with an adopted specific plan. This recommendation is based On a determination that there
arc no supplemental impacts that would require preparation of a Supplemental ErR, as further
documented in the project record/documentation prepared by the City, dated October 21, 2003, and
incorporated herein by reference. The project review found that the environmental impacts of the Silveliá
Ranch Project were addressed by the approved Environmental Impact Report for the Eastern Dublin
General Plan Amendment and Specific Plan (SCH 91103064) which was celiified by the Dublin City
Council in Resolution No. 51-93 and the Addenda dated May 4,1993 and August 22,1994; along with
.th~ project-specific Addendum for P A 02-024 dated October 2003.
3
Side Af!reemrmt - Further Preservation 0( Golden Eàf!le Habitat:
4(,ptr'D LÞ;"
During initial site grading in Spring 2004, concerns arose regarding the protections afforded under the
guidelines of the Eastern Dublin Specific Plan to the nesting Golden Eagle pair in a tree in the uibutary to .a
Tassajara Creek (property owned by the Lin family) adjacent to the Silveria Rant:h Project. The Project .-
was designed and approved to impact the habitat and nesting area of the Golden Eagle as little as possible
by restricting the limits of grading and construction to outside the Eagle Protection Zone established by
the Eastern Dublin Specific Plan. Although the Developer adhered to the guidelines and provisions of the
Specific Plan related to protecting the eagle habitat area and prevent trespassing in the area during the
nesting season (January I to June 30), the City's consulting biologist, Grainger Hunt, has ree.ommended
certain measUres be instituted beyond those required by the Specific Plan to ensure the continued.
protection of the Golden Eagle pair, given the proximity of approved residential development in both
Dublin Rane.b and the Silveria Ranch,
To al1eviate the concerns of the City's biologist and to further preserve the Golden Eagle habitat, Pinn
Brothers Fine Homes desires to make certain contributions to the City for the implementation of
mitigation measures for further preservation of the Golden Eagle nesting and habitat areas by installing
and maintaining an "Eagle Cam," or video camera installed for visual monitoring of the eagle nesting site
OD the City's website during the nesting season for a period of three years to ensure that thc birds are not
disturbed. Pinn Brothers is committed to entering into a side agreement with the City, a draft of which is
attached as Attachment 3 to this report, to do the following:
1. Purchase and install video camera equipment at the Dublin San Ramon Services District water
tank in the vicinity of the tree in which the Golden Eagle pair nests;
2. Maintain the camera equipment and transmission system for a period of three years from the
commenc(JllJent of its operation; .a
3. Ensure that the camera (Jquipment is cOI)I1ected the to the City's internet web site for internet .-
monitoring of the images fi'om the cameras; and,
4. To offset the City's costs of internet-bandwidth services associated with transmitting the images to
and from the City's website (or another website chosen by the City) for an initial three-year
period, Pinn Brothers wil1 contribute $]0,000 to the City.
The side agreement in Attachment 3 will be signed prior to the City Council hearing on the Development
Agreement. Staff will be responsible for periodic monitoring of the Eagle Cam to observe if any
trespassers are in the area restricted fi'om the public. A program may be instituted in the future for
wildlife biology students to perform actual monitoring near tbe site if funding becomes available.
A representative ofPinn Brothers Fine Homes will make a presentation at tbe public hearing regarding
their contribution to implementation of these measures. It should be noted that this will be the first
operating eagle video can1era ÜJ Califomia which can be viewed on the internet OJ1Ce it is in operation.
Other such web sites have been successfully established at maintained in other states for eagJes, reptiles
and other animals in preserves such as elephants.
The impJementation of these additional preservation 111easures constitutes a minor change in the project
and envirolllllental review under CEQA guidelines Section l5l64(a), and will have no adverse significant
impact on the sp(Jçjes that was 110t addressed in the previous ElR. All other environmental impacts of this·
project were fully addressed in the Eastem Dublin ErR and the addenda mentioned above, and no new
significant information has arisen for this project during the preparation of the Development Agreement
which would require further· environmental review.
.
4
CONCLUSION;
l.rh~b i;
The Development Agreement will imp1ement the provisions of the Plalmed Development Zouing and the
conditions of approvaJ of the Site Developmen1 Review and Vesting Tentative Tract Map previously
_approved. AdditiOlJally, the Developer, representing the property owner, has resolved the remaining
.issues of concern expressed by the neighboring property owner through the payment of $180,000, as
referenced in the Development Agreement and stipulated in the negotiated Letter of Agreementbetween
the two parties in Attachmcnt 2. Additionally, the Applicalìt has committed to signing the side a.greement
in Attachment 3 with the City to implement further preservation measures for the Golden Eagle on the Lin
property, A subsequent final Tract Map will be approved by the City Council and buDding permits issued
after approval of the Development Agreement and the necessary obligations stipulated in the zoning
1"egu1ations, conditions of approval and the agreements are met.
RECOMMENDATION:
Staffrecommends that the Planning CommissiOlì:
1) Open the Public Hearing and hear Staff presentation;
2) Take testimony from the Applicant's Representative and the Public;
3) Close the Public Hearing alld deliherate; and,
4) Adopt the Resolution (Attachment I) recormnending the City Council approve the
Development Agreement (attached as Exhihit A to Attachment 1) hetween the City of Dublin
and Pfieffer Ranch Investors II, Inc.
e
e
5
GENERAL INFORMATION:
APPLlCANTI
PROPERTY OWNERS:
DEVELOPER (Representing
Property Owner):
CONSULTANTS:
LOCATION:
APN:
EÀ'1STING ZONLNG:
GENERAL PLAN DESIGNATIONS:
SPECIFIC PLAN DESIGNATION:
ENVIRONMENTAL REVIEW:
~~!It) ç.þ
Pfieffer Ranch Investors II, Inc.
Attn: Al Pinn(pinn Brothers Fine Homes)
]475 Saratoga Ave., Suite 250
San Jose, CA 95]29
e
Pinn Brothers Fine Homes
1475 Saratoga Ave., Suite 250
San Jose,CA 95129
Ruggeri-Jensen-Azar & Associates, Engineers & Planners
Located southeast and northeast of the intersection of
Tassajara Road and Fallon Road, at 6615 Tassaj ara Road.
985-0002-007-01 & 985-0002-008-02
Planned Development (PD) - PD- Single Family Density
Residential PD - Medium Density Residential
PD - Medium High Density Residential
PD - Open Space (CollBervation Easement)
Single Family Density Residential 0.9 - 6 units per acre
Medium Density Residentia1 6.1 - 14 units per acre
Medium-High Density Residential 14.1 - 25 units per acre
Rural ResidentiaV Agric:uJwe
e
Single Family Density Residential
Medium Density Rcsidential
Medium-High Density Residential
Rural Residentia1' Agriculture
Pursuant to the California Environmental Quality Act, the
Project is exemptftom CEQA pursuant to Government Code
section 65457 for residential projects fuat are consistent witll
an adopted specific plan. This recommendation is based on a
determination that there are 110 supplemental impacts that
would require preparation of a Supplemental ErR, as further
documented in the project record/documentation prepared by
the City, dated October 21, 2003, and incorporated herein by
reference. The environmental impacts ohms project were
addressed in the Eastern Dublin Specific Plan EIR and the
subsequent addenda. Site-specific surveys were performed for
the presence of certain wildlife species, and an addendum to
the Eastern Dublin Specific Plan E1R was prepared and
certified forPA02-024 on October 21,2003.
e
6
I t{,.\. . 11· (t, J--
W¡'c
RESOLUTION NO. 05 - 05
.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL APPROVE
A DEVELOPMENT AGREEMENT FOR P A 02-024 SILVERIA RANCH,
PFIEFFER RANCH INVESTORS II, INe. (pINN BROTHERS FINE HOMES)
WHEREAS, Pfieffer Ranch Investors II, Inc has requested approval of a Development Agreement
for P A 02"024, the Silveria Ranch project, to be developed by Pinn Brothers Pine Homes on
approximately 93.4 acres ofland located generally southeast and northeast of the intersection ofTassajara
Road and the future extension of pallon Road within the Eastern Dublin Specific Plan (APN 985"0002-
007-01 & -008-02) for the development of 254 multi-family and single-family residential units on 37
acres and 56 acres of permanent open space under a Conservation Easement or similar instrument; and,
WHEREAS, a Development Agreement is required as an implementing measure of the Eastem
Dublin Specific Plan and by the Planned Development Zoning District P A 02-024; and
WHEREAS, Pursuant to the California Environmental Quality Act, it has been determined that
the Project is exempt from CEQA pursuant to Government Code section 65457 for residential projects
that are consistent with an adopted specific plan. This is based on the determination that there are no
supplemental impacts that would require preparation of a Supplemental EIR, as further documented in
the project record/documentation prepared by the City, dated October 2003, and incorporated herein by
. reference. The project review found that the environmental impacts of the Silveria R:anch Project were
addressed by the approved Environmental Impact Report for the Eastern Dublin General Plan Amendment
and Specific Plan (SCH 91103064) which was certified by the Dublin City Council in Resolution No. 51-
93 and the Addenda dated May 4, 1993 and August 22, 1994; along with the project-specific Addendum
for P A 02-024 dated October 2003. Additionally, the Developer will be voluntarily implementing
protection measures for the Golden Eagle beyond those required by the Specific Plan; and,
WHEREAS, a Draft Development Agreement is attached to this resolution as Exhibit A and
covers two parcels of land, and includes provisions related to phasing, fees, dedication of open space and
easement areas, and the conditions of approvaJ for P A 02-024; and
WHEREAS, the Planning Commission did hold a public hearing on said application on January
25,2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by Jaw; and
WHEREAS, the Staff Report was submitted recommending that the City CounciJ approve the
Development Agreement for P A 02-024 Silveria Ranch; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations and testimony hereinabove set forth.
NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Development Agreement:
. 1. Said Agreement is consistent with the objectives, policies, general land uses and programs
specified in the Eastern Dublin Sp<;\cjfic Plan and Dublin General Plan in that, a) the
Eastern Dublin Specific P an/General Plan land use designations for the subject site are
~1#7"'-
/)
Single Family Density Residential, Medium Density Residential, Medium"High Density
Residential, and Rural Residential/Agriculture, and the proposed Silveria Ranch project of
254 single-family and multi-family residential units, and 56 acres of permanent open space .
is consistent with that designation; b) the project is consistent with the fiscal policies in
relation to provision ofinftastructure and public services of the City's Eastern Dublin
Specific Plan/General Plan and the Agreement further implements these policies; c) the
Agreement sets forth the rules the Developer and City will be governed by during the
development process which is required by the Eastern Dublin Specific Plan and the
Mitigation Monitoring Program of the Eastern Dublin Specific Plan;
2. Said Agreement is compatible with the uses authorized in, and the regulations prescribed
for, the land use district and Planned Development zoning district in which the real
property is located in that the previous project approvals include an Annexation, Planned
District rezoning, Tentative Tract Map, and Site Development Review;
3. Said Agreements are in conformity with public convenience, general welfare and good
land use practice in that the proposed Silveria Ranch project will implement land use
guidelines set forth in the Eastern Dublin Specific Plan and the Dublin General Plan for
residential development and conservation easements, as proposed;
4. Said Agreement will not be detrimental to the health, safety and general welfare in that the
development will proceed in accordance with the Agreement, the regulations of Planned
Development Zoning District P A 02-024, and all Conditions of Approval for the Project;
and
5.
Said Agreements will not adversely affect the orderly development of the property or the
preservation of property values in that the proposed development is consistent with the
land uses, goals, and policies of City of Dublin .Eastern Dublin Specific Plan and General
Plan.
e
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission does hereby recommend that the City Council approve the Development Agreement, in
substantially the form attached as Exhibit A, between Pfieffer Ranch Investors 11, Inc. and the City of
Dublin for P A 02-024 Silveria Ranch.
PASSED, APPROVED AND ADOPTED this 25'" day of January 2005.
AYES:
Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg
NOES:
ABSENT:
ABSTAIN:
Planning Commission ChairPerson
ATTEST:
e
Planning Manager
G:\P A#\2002\02-024 Pi"" Brc,\PC Roso DA,"'"
[;I~ iÞ 7,-
CPl4nnin¡¡ Commission 9t1.inutes
. CALL TO ORDER
A regular meeting of the City of Dublin Pla!U1ing Commission was held on Tuesday, January 25,2005, in
the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:00 p.rn.
ROLL CALL -
Present: Chair Schaub, Commissioner's Biddle, IGng, Fasulkey, and Wehrenberg; Jeri Ram, Planning
Manager; Janet Harbin, Senior Planner; Charity Wagner, Associate Planner; Pierce Macdonald, Associate
Planner; Marnie Nuccio, Associate Planner and Maria Carrasco, Recording Secretary.
ADDITIONS OR REVISIONS TO THE AGENDA
Mayor Janet Lockhart welcomed Bob Fasulkey back to the Planning Commission and looks forward to
his sage advice. She thanked the new Commissioners doing such an excellent job at their first Planning
Commission meeting.
ORAL COMMUNICATION -
MINUTES OF PREVIOUS MEETINGS - December 14, 2004 and January 11, 2005" The minutes were
approved as submitted.
WRITTEN COMMUNICATIONS - None
. PUBLIC HEARINGS
8.1 P A 04-048 Dublin Toyota Vehide Storage Lot - Conditional Use Permit - This is a
request to operate a vehicle storage lot located at 6459 Dublin Court, to accommodate up
to 40 used vehicles to be sold in CO!U1ection with Dublin Toyota.
Chair Schaub asked for the staff report
Charity Wagner, Associate Plarmer presented the staff report and explained that this was a continued
item from the December 14, 2004 meeting. The project is a request to approve a conditional use permit to
allow a vehicle storage lot for Dublin Toyota. At the December 14, 2004 meeting, opposition was
expressed by an adjacent property owner so the case waS continued to a date uncertain.
The proposed storage lot is a vacant parcel located at the terminus of Dublin Court, just north of the
existing Toyota dealership. The property is zoned M-l which allows vehicle storage lots, subject to the
approval of a conditional use permit. This parcel is owned by Cal Trans and was most recently used to
store modular office trailers.
Toyota leased this property from Cal Trans in October, 2004 with the intent of improving the property to
accommodate storage of up to 40 used vehicles. The proposed improvements include repairing the chain
link fence, installation of security lights and resurfacing the cracked asphalt as needed. Condition # 16 of
. the draft resolution also requires that applicant to complete the sidewalk connection between the
existing Toyota dealership lot and the proposed vehicle storage lot.
When evaluating vehicle storage lots, Staff considers 4 key land use issues.
~~ 17
'RJo""" rMum.¡¡
:/Øft...., ZS, Zoo$
52~LJI-;:'"
First, Staff çonsiders the proposed location. The subject site is an awkwardly shaped parcel located at the
ter!XlÌnus of a cul-de-sac in a commerdalj industIial zOne. The shape and size of the subject property
makes the property relatively urnit for development.
Semnd, Staff considers if the storage lot is compatible with surrounding land uses. The parcel is a vacant .
industrial parcel and is located immediately north of the affiliated dealership. Surrounding land uses
include industrial, commerdal and auto related uses.
Third, with regard to adivity, the applkant does not intend to, nor would it be permitted to, wash,
detail, sell modify or repair carS within the storage lot. The intent of the proposed lot is to store used
vehicles that will be sold in connection with Dublin Toyota. The applicant has indkated that the vehicle
storage lot will not result in an increase of employees.
Fourth, Staff considers visibility and screening of the vehicles. The vehicles would not be visible from
Dougherty Road because the parcel is situated down slope from the Interstate 580 interchange. Vehicles
will be visible from Dublin Court right of way as the applicant proposes to maintain the existing chain
link fence.
Since the planning commission meeting in December 2004, a representative for Dublin Toyota, Guy
Houston, has met with the adjacent property owners, namely Mr. Plisskin of Dublin Station, who
attended the previous hearing to express his opposition. Mr. Houston has submitted a letter outlining
their discussions and means for resolving any parking conflicts that were discussed at the previous
hearing. As a result of their discussions, Mr. Plisskin has submitted a letter in support of the proposed
vehicle storage lot. Both Mr. Houston's and Mr. Plisskin's letters are included as Attachment 6
Also of note, since the December 2004 meeting, Staff has modified condition #8 to allow the chain link
fence without slats along Dublin Court. Staff feels that a chain link fence is sufficient because Dublin .
Court is not a highly trafficked street and the chain link would provide a clear view of activity within the
lot.
Based on the rather innocuous location and the limited activity proposed, Staff continues to recommend
approval of this conditional use permit for vehicle storage in connection with Dublin Toyota. Ms.
Wagner concluded her presentation and waS available for questions.
Chair Schaub asked if there were any questions for Staff; hearing none he opened the public hearing. He
stated that anyone that wishes to speak should organize their comments and keep within 3-4 !XIÌnutes.
He appredates everyone's opinions. They are looking for facts that help the Commission make better
decisions regarding the projeds under review. He stated that once the public hearing is dosed, it will not
be reopened uruess the majority of Planning Commission agrees to reopen it. '
Assemblyman Guy Houston, representing Dublin Toyota stated they agree with Staff's presentation and
with the conditions 100%. They met with Dublin Station owner, Mr. Plisskin, to discuss the parking
issues between the two properties. They have agreed to have an ongoing program educating Dublin
Toyota's employees. They are going to implement a parking policy and communicate it to the
employees on an annual basis, which is acceptable to Mr, Plisskin. The parking poliçy will be included
in the Dublin Toyota employee manual. The other issue that was raised was the issue of garbage
collection and parked cars along Dublin Court. They investigated with Waste Management and fOUl\d
that garbage was collected Monday through Friday for one or more tenants usually between 3 and 4 in
the morning. He stated that talking to the drivers; the cars parked along Dublin Court belong to .
commuters. There has been, on occasion, a car has been parked for 3-4 days. The drivers have been .
instructed to call Dublin Police Services and have the car towed away to carry on with their collection.
!PCoJo#io¡¡ Corn"""",,,
'RIP"'" 9./æmrg
18
:JdmuJ'Y 25, 2005
?;J~ ipÍr
They have found that the CHP uses Dublin Court as a drop off for disabled vehicles from the freeway;
but it happens very seldom. They can solve the problem of the commuters parking there by posting a
sign that states no parking betwe~'TI 2 a.m and 6 a.m. These solutions seemed to satisfy Mr. Plisskin.
.. They know that these issues are separate from the proposed application but they felt it was important to
,., Dublin Station and Dublin Toyota to find a good solution to their problems. They also felt it was
important to read the solutions into the record. He stated that he would appreçjate the Commission's
support and asked if there were any questions.
Cm. Schaub asked if there were any other speakers; hearing none he closed the public hearing.
Cm. King thanked Assemblyman Houston for his role in resolving that situation.
Cm. Wehrenberg stated she appreciates the good neighbor effort they extended towards with Mr.
Plisskin in resolving the matter.
Cm. Schaub commented that there will be a change to the sidewalk. He suggested that the chailllink
fence be removed and to complete the wrought iron fence that is going from the rental yard. It would
make a nice looking court.
em. Biddle stated it is a good usc for this piece of property. There is the potential that it may become a
public nuisance and it would be better to have it occupied.
Cm. Schaub asked for a motion.
On motion by Cm. Fasulkey, seconded by Cm. King, by a vote of 5-0, the Planning Commission
e unanimously adopted
RESOLUTION NO. 05 - 04
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN
AUTOMOBILF¡VEHlCLE STORAGE LOT FOR DUBLIN TOYOTA
AT 6459 DUBLIN COURT, PA 04-048
8.2 P A 02-024 pfieffer Ranch Investors II, Inc. - Development Agreement for Silveria Ranch
(Pinn Brothers Homes) to construct 254 multi-family and single-family residential units
within the northern portion of the Eastern Dublin Specific Plan area On 93.4 acres located
at the southeast and northeast of the intersection of Tassajara Road and the future
extension of Fallon Road.
ChaJr Schaub opened the public hearing and asked for the staff report.
Janet Harbin, Senior Plarmer presented the staff report. She explained that the project is for a
development agreement for Silveria Ranch. On October 21, 2003, the City Council adopted Resolution
No. 15-03 approving a Planned Development Rezoning and Stage 2 Development Plan, for the Silveria
Ranch, located within the Eastern Dublin Specific Plan area. This approval established the final zoning
. for a 93.4 acre property currently owned by Pfieffer Ranch Investors II, Ine., and proposed for
development by Pinn Brothers Fine Homes. Additionally, the Planning Commission adopted Resolution
No. 03-48 approving the Vesting Tentative Tract Map and Site Development Review for the project. The
Œ'f¡u,"i1IØ Cøoøøúsilm
'R¡¡¡uW~
19
J....""" ZS, Z005
Planned Development rezoning and the Eastern Dublin Specific Plan require that a Development
Agreement be approved prior to the issuance of building permits for the development of the property.
;~b(P¡"
The benefit to the City of entering into a Development Agreement with the property owner is that the
document is a contract that ensures that the goals of the Eastern Dublin Specific Plan are met and the
infrastructure facilities for the area are constructed with each development phase. Additionally, it
ensures that dedications of property and easements are made, project phasing is followed, the
appropriate fees are paid for the development, arid any additional terms of the agreement are met as the
development proceeds.
e
The agreement has been drafted and negotiated with the owners on record for the property, Pfieffer
Ranch Investors, Inc, The property owners are represented by Alan PÎ.!1n of PÎ.!1n Brothers FÎJ1.e Hom.es
for purposes of this application. Pinn Brothers Fine Homes is also the Developer of this proposed
subdivision. This Development Agreement covers all four development phases of construction of
Tentative Tract 7441 for the Silveria Ranch Project. The term of the development agreement is for five
years. There are two side agreements; one is a letter of agreement dated January 13, 2005 between
Pfieffer Ranch Investors and Robert Nielsen Jr, to bring resolution to the concerns he expressed about the
project's effect on his property and the businesses he operates there. The City Council requested that
Pirm Brothers provide the following: 1) grant arl access easement to the Nielsen property from the
development; 2) improve the granted access easement area; and, 3) relocate 11 existing parking spaces on
the property.
After several months of negotiation with Mr. Nielsen and determining the cost of the various items
needed to alleviate his concerns, Pinn Brothers Fine Homes has reached an agreement with Mr. Nielsen
to pay him $180,000 to cover the projected costs. Mr. Nielsen and Pirm Brothers Fine Homes have
negotiated a side agreement in the form of a Letter of Agreement dated January 13, 2005 for this amm.lllt _
to be paid and the associated conditions of payment. Mr. Nielsen may then implement the .,
improvements to his property in accordance with his business schedule, timing and need.
TI1e second side agreement has to do with the Golden Eagle mitigation measures. Ms. Harbin stated that
this particular project comes under the Eastern Dublin Specific Plan and the ErR that WaS prepared for
that plan. There are certain mitigations within the plan to preserve golden eagles and their habitat. To
alleviate the cOncerns of the City's biologist and to further preserve the Golden Eagle habitat, Pinn
Brothers Fine Homes desires to make certain contributions to the City for the implementation of
mitigation measures for further preservation beyond that required by the East Dublin Specific Plan EIR,
of the Golden Eagle nesting and habitat areas by installing and maintailling an "Eagle Cam," or video
camera, installed for visual monitoring of the eagle nesting site on the City's website during the nesting
season for a period of three years to ensure that the birds are not disturbed.
The implementation of these additional preservation measures constitutes a minor change in the project
and environmenlRl review under CEQA guidelines Section 15164(a), and will have no adverse
significant impact on the species that was not addressed in the previous EIR. All other environmental
impacts of this project were fully addressed in the Eastern Dublin EIR arid the addenda mentioned
above, and no new significant information has arisen for this project during the preparation of the
Developmerlt Agreement, which would require further envirorunental review.
Ms. Harbin stated there are two changes to the resolution. In the first paragraph there is a line that
addresses the permanent open space and conservation easement, and Staff is adding to that line" or
similar legal instrument," In paragraph three, Staff has added the word - voluntarily to the last sentence. -
Stsff also deleted from paragraph three, the sentence stating as discussed in the accompanying staff report -
and referenced in t/æ subject Develop>rænt Agree>rænt.
(('(¡mJrin¡J~
'R1golifr 'Jot..m.e
20
J""""" 25, 2OC5
;10 IftÙ;;-
Staff recommends for the Planning Conurrission to adopt the resolution recommending that the City
e Council approve the development agreement.
Chair Schaub asked if there were any questions for Staff.
On. Kmg asked about the description of eagle protection zone,
:Ms, Harbin stated that the eagle protection zone is in the Eastern Dublin Specific Plan and there is a map
in that plan, which delineates that zone. Within that zone there shall be no grading or development
during the nesting season for the golden eagle.
Dale Garren, 5039 Preston Ave., Livermore, stated he is representing the applicant. They would like to
thank Staff and are in full agreement with the Staff report and all the conditions.
Cm. Schaub closed the public hearing.
Cm. Wehrenberg asked if there is Staff to monitor the golden eagle.
Ms. Harbin stated she would be the Staff person and would periodically monitor it during the nesting
season. She ex.plailled that there is the potential to start a program with the University of California,
Davis to do some monitoring also,
Cm. Fasulkey commended Staff on such a creative solution.
e Cm...~g liked the idea of starting a program with U.c. Davis to monitor the eagle,
em. Wehrenberg asked for clarification on the camera and where it would be located.
Ms. Harbin stated it is a small camera that will be mounted on the water tank up the hill from the tree
site.
Cm. Biddle asked the scheduling of the project.
Ms. Ram stated their plans are in and they want to get started as soon as possible. Construction may
occur as soon as this spring
On motion by Cm. Biddle, seconded by Cm. Wehrenberg, by a vote of 5-0, the Planning Commission
adopted
RESOLUTION NO. 05..05
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE
A DEVELOPMENT AGREEMENT FOR PA 02-024 SILVERIA RANCH,
PFIEFFER RANCH INVESTORS II, INC. (pINN BROTHERS FINE HOMES)
e
œw.";,,g eommtuicm
'%guW 94Mti1l{/
21
J""""'Y ZJ, ZO/J5
51... qf 7
8.3
P A 04-046 Dublin Gateway Medical Center (Triad Partners, Inc.) - Conditional Use
Permit and Site Develoopment Review. The Applicant, Triad Partners, Inc., is
proposing to construct approximately 179,000 square feet of medical offices and
associated uses on 7.139 ± acres of land within the Kon Dublin Corporate Center located
at the southwest corner of Dublin Boulevard and Tassajara Road (Apn 986-0016-015)
e
Chair Schaub opened the public hearing and asked for the staff report.
Marrue Nuccio, Associate Planner presented the staff report and advised the COJ:runission that the
proposed project is for the Dublin Gateway Medical Center. She stated that attachments 3 and 4 had
some pages missing when originally copied and Staff ha.s provided the Commission with those missing
pages to have full copies of those documents.
Ms. Nuccio stated that in November 1998, the Planning Commission approved a Tentative Parcel Map
and Site Development Review for a 37:': acre parcel to create the Koll Dublin. Corporate Center, located
south of Dublin Boulevard between Jolm Monego Court and Tassajara Road within the Eastern Dublin
Specific Plan Area. In December 1998, the City Council adopted an Ordinance approving a Stage 1 and 2
Planned Development Rezone and together with the Plarming Commission approvals, established the
land uses and development standards for the Koll Dublin Corporate Center.
Phase I was constructed in 2000-2001 and phase II is the proposed project before the Plarming
. Commission. The project will be located on 7.139+ acres of land at the southwest comer of Dublin
Boulevard and Tassajara Road. The Project proposes the construction of three, 3-story buildings (178,000
square feet) and a 4-level parking structure rather than the 6-story building (178,849 square feet)
previously approved for the site. The decision to reduce the nUIIlber of stories was thought to be a better _
design when taking into consideration the scale of existing buildings on surrounding properties. The _
existing Koll Dublin Corporate Center office buildings to the south of the site are 4-stories high and there
are two, existing single-story banks to the west (Bank of America) and north (Wells Fargo). The Koll
Center has a Planned Development zoning designation. Within the Planned Development zoning, the
permitted and conditional uSes are set forth for the site. The permitted uses proposed for the project
include a variety of health services, professional offices, a café and general retail. The conditional uSes
proposed are an indoor recreational facility, a massage component, outdoor seating, request for a
reduction in parking and a minor amendment to the adopted Planned Development zoning.
Based on preliminary floor plans and approximate square footages of the uses within Phase I of the
Project, it is estimated that 679 parking stalls would be required in accordance with the Zoning
Ordinance. As discussed in a previous section, Parking Reductions for an Individual Use, the parking study
conducted by TJKM Transportation Consultants conduded that the amount of parking proposed for
Phase I, 459 spaces, would be adequate to serve the Lifestyle Rx Wellness Center and Medical Office
Building One. Parking for Phase I would be provided on a surface parking lot located generally on the
western and southern portions of the site. Approximately thirty-seven parking stalls would be located
on the south side of Koll Center Drive.
This application has been reviewed by applicable Gty departments and agencies and their comments
have been incorporated into the Project and the recommended conditions of Project approval. The
proposed Project is consistent with the Dublin General Pla11 a11d Eastern Dublin Specific Plan, and the
Planned Development Zoning for the Koll Dublin Corporate Center and represents an appropriate
~~~~~' e
œw.rRtr¡¡ ()mrmiuioIo
~!1tt.m.rg
22
J""""'Y 2$, zoo)
r: 00_' ')
? ""-ç/""'(."f!,".
Staff recommends that the Planning Commission adopt Resolution approving 04-046 Dublin Gateway
Medical Center Conditional Use Permit/Site Development Review, with project plans attached as
Exhibit A. Ms, Nuccio stated she was available to answer questions.
.em. King asked where the motor vehicle access would be to the parking area.
Ms. Nuccio showed the entrances on the PowerPoint presentation.
em. King asked about traffic flow for the area.
Ms. Nuccio stated that the parking study did do a !rip generation analysis and recommendations were
made to irn.prove possible stacking instances. With respect to the parking structure, the parking study
made a few recommendations for onsite circulation. The study did not identify any stacking problems
with the two access points to the structures,
Cm. Wehrenberg stated that during the presentation the garage was described as 3 to 4 levels. She asked
for clarification.
Ms. Nuccio stated that originally the project was proposed as a 4 level parking structure. The 4th level
would accommodate 56 parking stalls. Once the traffic study results were determined, the Applicant's
proposal was in excess of that. They requested that they have the option that when Phase II moves
forward and there is adequate parking on site and there not additional need for those 56 stalls, could
they remove that top level.
em. Wehrenberg asked if there is a schedule for the Phase II garage,
eMS. Nµccio stated Staff does not have a schedule for Phase II.
Cm. Wehrenberg asked for clarification On the emergency vehicle access.
Ms. Nuccio said the Deputy Fire Marshal reviewed the plans and indicated that the e¡nergency vehicle
access proposed was acceptable.
Cm. Schaub stated that when working in Pleasanton, the wind would blow through the breezeway that
made it al¡nost irn.possible to walk through. He suggested for Staff to look into the potential wind
problem that ¡nay occur within the proposed corridor.
Cm. Schaub asked if anyone wished to speak.
Joe Carroll, Applicant, 8001 Irvine Center Drive, Irvine, CA stated that they have been working On the
project for awhile. He commended Ms. Nuccio on her efforts and stated they are happy with the results.
Cm. Schaub closed the public hearing.
On motion by Cm.King, seconded by Cm Biddle by a 5-0 the Planning Commission unanimously
adopted
.
Œ'timtriJIg Crnm/IÍIIÍIm
~!IhttUr¡¡
23
Ja","", ZS, ;WoJ
~~ttt>~~ I~
RESOLUTION NO. 05 - 06
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING P A 04-046 DUBLIN GATEWAY MEDICAL CENTER
CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW
APN 986-0016-015
e
Cm, King abstainedfrom item 8.4 and left the meeting.
8.4 P A 04-006 Enea Properties Residential Project on Starward Drive, General Plan
Amendment, Stage 1 and Stage 2 Planned Development Rezoning, Site Development
Review, and a Vesting Tentative Tract Map. Enea Properties requests approval of a
General Plan Amendment from Retail/ Office Land Use to a Medium-Density Residential
Land Use, a Stage 1 and 2 Planned Development Rezoning, a Site Development Review,
and a Vesting Tentative Tract Map to allow demolition of an existing 5,268 square foot
office complex and to allow the subsequent construction of 10 single family residential
dwellings and associated improvements located at 7475 Starward Drive.
Chair Shaub opened the public hearing and asked for the staff report.
- Ms. Harbin, Senior Planner presented the staff report. She explained that the current application
proposes to demolish the existing 5,268-square-foot office complex to accommodate residential
development of the site. The project Applicant, Enea Properties, requests the following: a General Plan
Amendwent to change the land use designation of the site from Retailj Office to Medium Density ..
-Residentîal (6.1 to 14.0 w1its per acre); a Stage 1 and Stage 2 Planned Development District Rezoning; a ..
Vesting Tentative Tract Map (7597); and, Site Development Review to allow construction of 10 dctached
single-family homes.
The Applicant proposes two-story homes on individual rectangular lots ranging from 2,143 square feet
to 2,652 square fect, with garages to the rear of the lots accessed by a shared private street to be owned
and maintained by the Homeowners Association for the project. The Applicant/ Developer's goal is to
reproduce a traditional "row house" style of development that is typical of older suburban
neighborhoods ar¡d neo-traditional development, while providing a detached housing product.
Al1ticipated sales prices of the residences are expected to be in the range of$550,000 to $600,000.
A Traffic Study was prepared for th.e project by TJKM (2004), which concluded that fully-occupied, the
10 residences would generate 96 daily trips, with 8 trips in the a.m. peak hour period and 10 trips in the
p.m. peak hour period. In comparison to the residential project, maximum development under the
existing RetailjOffice land use designation would be expected to create 220 daily trips, with 31 trips in
the a.m. peak hour and 30 in the p.m. peak hour. The proposed General Plan Amendment would reduce
the potential vehicle lTips at the site by limiting the development intensity from that of a retail or
commercial office development to that of a small community of single-family homes.
This application has been reviewed by the applicable City Departments and agencies, and their
comments have been incorporated into the Planned Development Stage 1 and 2 Development Plan, and
the Conditions of Approval for Vesting Tenta.tive Tract Map 7597 and the Site Development Review for .
the project. The proposed project is consistent with the Dublin General Plan, and represents an
appropriate project for thc site, as it is compatible with the surrounding residential development and
adjacent roadways. The Planning Commission is charged with the approval of Vesting Tentative Tract
!I.'farmm¡¡ CotIIwsimI 24 J4"""'Y ZJ, ZOO:;
'Mt¡¡ufar~
Maps and Site Development Reviews, while the City Council approves re-zonings (Planned
Developments and Stage 1 and Stage 2 Development Plans) and General Plan Amendments. However,
Staff is recommending that the Planning Commission transfer approval of the Site Development Review
... to the City Council in accordance with the Zoning Ordinance, as the other related project approvals will
.. be considered by the City Council. She stated that she was available for questions.
¡;: i Ifl/" ;,.
.... ~¡;Y
Chair Schaub asked to hear from the Applicant.
Cm. Biddle asked Staff for the dimension of the channel easement.
Ms. Harbin stated it is approximately 20 feet to 25 feet wide.
Chair Schaub asked if the Fire Department is okay with the emergency access.
Ms. Harbin said yes as they have agreed with the proposed plans.
Ananthan Kanagasundaram, Public Works Assistant Civil Engineer, explained that the Fire Marshal
decided that the Fire aCcess to the homes would be from Starward Drive in the event of an emergency.
em. Fasulkey asked the reason for putting the entrance drive in the middle area of the property.
Ms. Harbin stated it was determined that it was the best place for the entrance and a better layout of the
property with 5 homes accessed from either side of the roadway. It waS also the best location for the
entrance so it wouldn't be adjacent to the flood control charmel.
Galen Grant, Architect, 301 Hartz Ave., Darwille presented some color boards on the project. He stated
e they have paid a lot of attention to the existing neighborhoods and described the ardútecture, layout
and streetscape features fot the project. In response to the question of why the access is in the middle -
the access location is in the middle because it evens out the traffic flow. He addressed the concern raised
by a neighbor about the location of the windows for the proposed project and privacy and stated that
only a portion of the 2m\ story window of 1 house would be visible from the existing neighborhood.
Cm. Schaub asked if anyone else wished to speal(.
William Atwood, 7872 Oxbow Lane stated he was opposed to the project because the 2nd story window
of the house on lot 1 will interfere with his privacy. In his opinion the two center units will still be
affected by the traffic. He is also concerned with the proposed uruts being two stories and the issue of
privacy.
Chair Schaub dosed the public hearing to deliberate. He has concerns about the wall that is on the
property to the west and asked why there is not a wall along the channel. Staff stated that a wood fence
is preferred over a block wall. He asked the Commission if they should continue the block wall and rUn
that along the side of these units.
Cm. Wehrenberg asked if that is the wall along the Schuler homes.
Chair Schaub stated there is a block wall along Schuler but on this project the wall does not continue. He
believes the wall should continue onto tlùs project.
e em. Biddle asked if a six-foot privacy fence would be better than a concrete wall.
æfø.ørt/tI¡J CoJøIllÚ........
<R¡¡¡uf¡¡r <AúeIi#g
25
J"'"""Y 25, 2005
~")Îli
Chair Schaub stated that concrete would be more substantial and there is one on the other side of the
street along the channel and San Ramon Road for the Schuler Homes development.
Cm. Wehrenberg agreed that a wall odence should be continued. She proposes that the fence be wood ..
or chain linked to allow some vegetation to grow in there. ..
Cm. Biddle stated that a wood fence would eliminate the problem of the lights coming across. A
concrete block is more of an industrial solution.
Chair Schaub stated he reviewed the ÓIawings and felt the French Country design is going to appeaI
stark.
em. Biddle asked if there was a question about a fence on the east side of the property.
Chair Schaub stated that there is a fence On the east side of the property that appears to be coming down.
There aIe residents currently living there that aIe going to take the brunt of this disruption once building
starts. He suggested that the fence be looked at sooner than later. The residents deserve a fence that will
preserve their land while construction is going on.
Ms. Harbin stated there is a condition attached to the Site Development Review that states the existing
fence between this development and the adjacent development is damaged or comes dovin during
construction would be replaçed.
em. Biddle stated he likes the çoncept of the infill projects. As Dublin matures and the need for more
moderate, affordable housing the City will be doing these type of projeçts. He asked if there l'ITe houses
in East Dublin with 3 foot setbacks On eaçh side.
.
Ms. Harbh-trespoÍ1ded yes.
Cm. Biddle stated he likes the design with the parking along the back that gives an alley affect.
Cm. Wehrenberg stated this is a good opportunity for first time homebuyers. She agreed that she likes
the design.
Cm. Biddle stated he likes this design much better than what is across the street.
Cm. Wehrenberg stated it is a good rezoning projed and keeping with the residential uses already in the
neighborhood.
Chair Scl:J.aub would like to see Staff work well with the existing residents.
On motion by Cm. Biddle, seconded by Cm. Fasulkey, by a vote of 4-0-0-1 with Cm. King abstaining, the
Plarming Commission adopted
RESOLUTION NO. 05-07
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM
FOR THE ENEA PROPERTIES ST ARW ARD ROW RESIDENTIAL PROJECT (P A 04-006)
e
1PIia.1IÍn6 ~
~IÚM~
26
:¡"Øfl4'Y zs, :WOJ
I,p I tr'b lJ;. "¡ø"
RESOLUTION NO. 05 - 08
.
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOIT
A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM
RETAIl/OFFICE TO MEDIUM-DENSITY RESIDENTIAL (6.1 TO 14.0 UNITS PER ACRE)
ENEA PROPERTIES ST ARW ARD ROW RESIDENTIAL PROJECT
(P A 04-006)
RESOLUTION NO. 05 - 09
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING CITY COUNCIL ADOIT AN ORDINANCE
TO APPROVE THE PLANNED DEVELOPMENT (PD) DISTRICT REZONING AND
ST AGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR P A 04-006,
ENEA PROPERTIES ST ARW ARD ROW PROJECT
RESOLUTION NO. 05-10
.
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING VESTING TENTATIVE TRACT MAP (No. 7597)
ENEA PROPERTIES STARWARD ROW RESIDENTIAL PROJECT
. (PA 04-006)
~~
RESOLUTION NO. 05-11
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF A
SITE DEVELOPMENT REVIEW FOR
ENEA PROPERTIES ST ARW ARD ROW RESIDENTIAL PROJECT
(P A 04-006)
NEW OR UNFINISHED BUSINESS - None
OTHER BUSINESS (ConullissionjStaff Informational Only Reports)
Chair Schaub stated that he tried to come up with a meeting format and gave a copy of a draft to the
Conullissioners for their review.
e em. Fasulkey stated that he likes to hear from everyone and receive their point of view.
There was discussion amongst the Conullissions on how the Plarming Conullission meetings should run.
Œ'f4mIÎ#¡J Commtuiml 27 :/4,,-:y 2S, 2(1(1S
'fI.IØufø~
(p~\¡/
Ms. Ram asked the Commissioners about their availability on February 8th at 5:30 p,m. for a study
session.
em. Fasulkey stated he may not be available due to traveling for hi~ job. The remaining Corrunissioners 4ft
stated they were available.
Ms. Ram discussed future projects and the League conference with the COnIDÙssioners,
ADJOURNMENT - The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Planning Commission Chairperson
ATTEST:
Planning Manager
.
e
<PIim1lhy¡ C"",IIfitM
'Rf(Jufø !M#tiø¡¡
28
J""""'Y zs, Zoof