HomeMy WebLinkAbout6.3 QuarryLaneSchool DA
CITY CLERK
File # DGJ[?L][QI-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 3, 2005
SUBJECT:
PUBLIC HEARING: PA 99-064 Dr. Sabri Arac - Quarry Lane School
Development Agreement for Quarry Lane School
Report Prepared by: Janet Harbin. Senior Planner
ATTACHMENTS:
1. Ordinance approving the Development Agreement between the City of
Dublin and Dr. Sabri Arac (with Development Agreement attached as
Exhibit A)
2. Planning Commission Staff report without attachments
~
1. Open Public Hearing and receive Staff presentation;
2. Take testimony from the Applicant and the Public;
3. Close the Public Hearing and deliberate; and,
4. Waive the reading and introduce an Ordinance approving the
Development Agreement between the City of Dublin and Dr Sabri Arac
(Attachment I, with Development Agreement attached as Exhibit A)
RECOMMENDA nON:
PROJECT DESCRIPTION
On December 19, 2000 the City Council adopted Ordinance No. 24-00 approving a Planned Development
Rezoning and Stage 2 Development Plan, for Phase 2 of the Quarry Lane School, located within the
Eastern Dublin Specific Plan area. In conjunction with the rezoning application, the property along with
the adjacent Kobold property, was approved for annexation to the City. The first phase of the school
development was approved and constructed under Alameda County's jurisdiction, prior to annexation to
the City.
The project site is located on the north ofthe northeast side of Tassajara Road, approximately 3 miles
north of 1-580 in the Eastern Dublin Specific Plan area. Additionally, the 3.7 acre site is located between
the Dublin Ranch development to the south and the Silvera Ranch to the north.
The Applicant, Dr. Sabri Arac of Quarry Lane School, is requesting approval of a development agreement
with the City to allow construction of Phase 2 ofthe privately owned school at 6363 Tassajara Road.
Phase 2 of Quarry Lane School consists of 70,289 square feet of classroom facilities, a gymnasium,
playing field, parking and landscaped areas to accommodate middle and high school grades.
Develovment Af!reement
One of the implementing measures ofthe 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 will not change its zoning and other laws applicable to the
----~--~----~---------------------_._-_.---~--------------------_._--~---------_._----_.__.--_.__.---------_.
COPIES TO:
Applicant/Property Owner
In-House Distribution
ITEM NO. (Ó.3
G:\PA#\1999\99-064 Quan)' Lan<\!)ev Agr«\CCSR DA 5-3.ùoc \ ~
íJ
project for a 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 infrastructure facilities for the area are constructed with each development
phase. Additionally, it ensures that dedications of property and casements 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 of an ordinancc by the City Council upon a
recommendation by the Planning Commission. The proposed Development Agreement between the City
of Dublin and Dr. Sabri Arac for the Quarry Lane School Project (pA 99-064) is contained in Exhibit A
of the Ordinance to approve the Development Agreement in Attachment I. The fonnat and structure of
the Development Agreement for Dr. Sabri Arac's project is based on the standard Development
Agreement developed hy the City Attorney and adopted by the City Council for Eastern Dublin Specific
Plan projects.
Planninfl Commission Action
On April 26, 2005, the Planning Commission considered the proposed Development Agreement between
the City of Dublin and Dr. Sabri Arac for the Quarry Lane School Project (Exhibit A of Attachment 1) at
a public hearing. At the public hearing, the Planning Commission adopted Resolution No. 05-24,
recommending City Council approval of the Development Agreement in Exhibit A of Attachment 1 to
this staffrcport (see Attachment 2, Planning Commission Staff report for details).
ANALYSIS
The City Attorney drafted the proposed Development Agreement for Dr. Sabri Arac, chief administrator
for Quarry Lane School, with input from City Staff, Dr. Arac's representatives, and his attorney, Patricia
Curtin. The Development Agreement sets forth the agreement between the City and Dr. Arac in relation to
many items, including, but not limited to, timing and phasing, project and off-site infrastructure, and
payment, waiver or credit 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 below:
Term Agreement & Phasing:
The Development Agreement becomes effective for a tel1ll of five years from the date it is approved. All
construction of the school's expanded facilities will take place in one phase.
Tnfra.,1;ructure Construction and Traffic Impact Fee.~:
Th.e City requires that Developers in Eastern Dublin pay traffic impact fees for certain City wide
improvements to the circulation system. Additionally, fees arc eharged for certain circulation
improvements specific to Eastern Dublin. The City detel1llines the direct project impact through a traffic
study that has been COndllcted for the development. A traffic study was prepared in conjunction with the
related annexation of the property in 2000 and approval of the Annexation Agreement. The project
specific improvements and dedications are contained in the Site Development Review Conditions of
Approval for the Quarry Lane School project, approved by Planning Commission Resolution No. 04-046,
and referenced in the Development Agreement in Exhibit A to Attachment 1, Subsection 5.3.2(a)(i).
Additionally, credits to impact fees for payment of fees already made arc addressed in Subsection 5.3.6 of
the Agreement.
Other Fee.~:
The Development Agreement also addresses the payment of the Public Facilities Fee, Noise Mitigation
Fcc, Sehool Fees, Fire Impact Fees and the Tri- Valley Transportation Development Impact Fee required
of developers in the Eastern Dublin Specific Plan area. (Refer to Subsection 5.3.5(a through f) ofthe
2 tJ:b t.\
-
Development Agreement in Attachment I.)
Other Infra.<;tructure Improvement~·:
The Development Agreement also provides for the construction of certain other improvements to serve
the project site such as off-site sewer, water supply system and hydrants, storm drainage system and other
utility services, such as gas and electric provision. (Refer to Subsections 5.3.2(a)(ii through v) of the
Development Agreement in Attachment I.)
CONCLUSION:
Approval ofthis Development Agreement will implement provisions of the Eastern Dublin Specitic Plan,
and the conditions of approval specific to the Quarry Lane School expansion project. The proposal is
consistent with both the General Plan and the Specific Plan. Construction of the school expansion is
anticipated to begin in June.
ENVIRONMENTAL REVIEW
The Eastern Dublin Specific Plan was adopted in 1994 and has a certified Program EIR (SCH No. 91-
103064). The City of Dublin, as the Lead Agency, prepared a focused Initial Study and Mitigated
Negative Deelaration for an applications related to the proposed project in 2000. The Mitigated Negative
Declaration for P A 99-064 was adopted by the City Council on November 21, 2000.
RECOMMENDATION:
Staff recommends the City Council: 1) Open Public Hearing and hear the Staff presentation; 2) Take
testimony from the Applicant and the Public; 3) Close the Public Hearing and deliberate; and, 4) Waive
the reading and introduce an Ordinance approving the Deve10pment Agreement (Attachment I, with
Development Agreement attached as Exhibit A) between the City of Dublin and Dr. Sabri Arac for the
Quarry Lane School.
3~L\
GENERAL INFORMATION:
APPLICANT/
PROPERTY OWNER(S)
Dr. Sabri Arae, President
Quarry Lane School
6363 Tassajara Road
Dublin, CA 94568
LOCATION:
6363 Tassajara Road
APN:
985-0002-006-0 I
EXISTING ZONING:
Planned Devc\opment
GENERAL PLAN DESIGNATIONS: Medium Density (6.1 to 14 dwelling units per aere) Residential
Rural Residential/Agriculture (0.01 dwelling unit per acre)
SPECIFIC PLAN DESIGNATION: Medium Density (6.1 to 14 dwelling units per acre) Residential
Rural Residential/Agriculture (0.01 dwening unit per acre)
ENVIRONMENTAL REVIEW: The Eastern Dublin Specifie Plan was adopted in 1994 and has a
eertified Program ElR (SCH No. 91-103064). The City of Dublin, as
the Lead Ageney, prepared a foeused Initial Study and Mitigated
Negative Declaration for an applications rclated to the proposed
projeet in 2000. The Mitigated Negative Deelaration for P A 99-064
was adopted by the City Couneil on November 21, 2000.
4~i
It'[J. 1
ORDINANCE NO. OS-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************
APPROVING A DEVELOPMENT AGREEMENT FOR PA 99-064
DR. SABRI ARAC FOR QUARRY LANE SCHOOL
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS;
Section J. RECIT ALS
A. Dr. Sabri Arac has requested approval of a Development Agreement for P A 99-064, Quarry
Lane School for the construction of Phase 2 of the privately owned school at 6363 Tassajara Road to
provide an additional 70,289 square feet of classroom facilities, a gymnasium, playing field, parking and
landscaped areas located on the north of the northeast side of Tassajara Road, approximately 3 miles north
ofI-580 within the Eastern Dublin Specifie Plan boundaries.
B. The Development Agreement and Project arc consistent with the objectives, policies, general
land uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern
Dublin Specific Plan/General Plan land use designation for the subject site is Medium Density (6.1 to 14
dwelling units per acre) Residential and Rural Residential/Agriculture (0.01 to 0.06 dwel1ing units per
acre), and the proposed Quarry Lane School project is Gonsistent with that designation which al10ws
certain public/semi-public uses to serve residential developmenL
B. A Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan and by th.e Planned Development Zoning District PA 99-064.
C. The Eastern Dublin Specific Plan was adopted in 1994 and has a certified Program EIR
(SCH No. 91-103064). The City of Dublin, as the Lead Agency, prepared a focused Initial Study and
Mitigated Negative Deelaration for all applications related to the Quarry Lane School project, ineluding
the Development Agreement, in 2000. The Mitigated Negative Deelaration for PA 99-064 was adopted by
the City Council on November 21, 2000.
D. The Development Agreement between the City of Dublin and Dr. Arac has been presented
to the City Council as Exhibit A, and attached hereto.
E. A public hearing on the proposed Development Agreement was held before the Planning
Commission on April 26, 2005, for which publie notice was given as provided by law.
F. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
G. A public hearing on the proposed Development Agreement was held before the City
Council on May 3, 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 April 26, 2005 meeting, iDeluding the Planning Commission's reasons for its
1 AT~Ç_~~Eti~3t
dCJb27
recommendation, the Agenda Statement, all comments reeeived in writing and all testimony received at
the public hcaring.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) thc foregoing Recitals which arc incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amcndment, (d) the Specific Plan, (e) the
Quarry Lane School Project ElR, (f) the Agenda Statement, and on the basis of the specific conelusions
set forth below, the City Council finds and determines that:
I. The Development Agrecment is consistent with the objectives, policies, general land uses
and programs specified in the Eastern Dublin Specific Plan/Genera] Plan in that, a) the Eastern Dublin
Specific Plan/General Plan land use designation for the subject site is Medium Density (6.1 to 14 dwelling
units per acre) Residential and Rural Residential/Agriculture (0.01 to 0.06 dwelling units per aere), and
that the proposed Quarry Lane School project is consistent with that designation which allows certain
public/semi-public uses to serve residential development; b) the project is consistent with the fiscal
policies in relation to provision of infi'astructure and public services of thc City's Eastern Dublin Specific
Plan/General Plan; c) the Agreement sets forth the rules the Applicant/Developer and City will be
governed by during the dcvelopment process which is required by the Eastern Dublin Specific Plan; and
the Mitigation Monitoring Program of the Eastern Dublin Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use distriet in which the real property is located in that thc previous project
approvals inelude a Planned Development (PD) Zoning District, Stage I and 2 Development Plan, Site
Development Review, Conditional Use Permit, Mitigated Negativc Deelaration, Mitigation Monitoring
Program and Annexation to the City of Dublin.
3. The Development Agreement is in conformance with public convenience, general welfare
and good land use practice in that the proposed Quarry Lane School project will implement land use
guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed.
4. The Development Agreement wìl1 not be detrimental to the health, safety and general
welfare in that the development will proceed in accordance with the Agreement and any Conditions of
Approval for the Project: and
5. The Development AgreemC!lt will not adversely affect the orderly development of the
property or the preservation of property values in that the development will be consistent with the City of
Dublin Eastern Dublin Specific Plan/General Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement, as contained in Exhibit A, and
authorizes the Mayor to sign the agreement accordingly.
Section 4. RECORDATION
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.
2
-3iYb2-7
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effcet and be ill force thirty (30) days from 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 ofthe City of Dublin, on this
2005, by the following votes;
day of May
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\pa#\1999\99-064\CC Onl DA
3
,
"
4-Db27
City of Dublin
When Recorded Mall To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recarder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DR. SABRI ARAC
FOR THE QUARRY LANE SCHOOL PROJECT (PA 99-064)
EXI"iIBIT A
."
Göb 27
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and
entered in the City of Dublin on this 17th day of May, 2005, by and between the
City of Dublin, a Municipal Corporation (hereafter "City"). and Dr. Sabri Arac
("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 enfer
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 10 acres generally described as 6363
Tassajara Road within the Eastern Dublin Specific Plan area (APN: 985-0002-
006-01) and is more particularly 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 Pian by
Resolution No. 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 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.
24-00), general provisions for the PD District Rezoning including the
Development Plan (City Council ResolutiQn No. 24-00), and Site Development
Review (Planning Commission Resolution No. 04-046), (collectively, together
with any approvals or permits now or hereafter issued with respect to the Project,
the "Project Approvals"); and
F. Development of the Property by Developer may be subject to
certain future discretiQnary approvals, which, if granted, shall autQmatically
become part of the Project Approvals as each such approval becomes effective;
and
G. City desires the timely, efficient, Qrderly and proper development of
said Project; and
DublinlDr. Sabri Arae Development Agreement
for Quarry Lane School Project
725794.2
Page 2
May 17, 2005
G't7-7
H. 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
I. 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
J. On , the City Council of the City of Dublin adopted
Ordinance No. _ approving this Agreement. The ordinance took effect on
("the Approval Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as fQllows:
AGREEMENT
1. Description of Propertv.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest Qf Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of Citv 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 DevelQper 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.
4.1. Effective Date. The effective date of this Agreement shall be the
Approval Date.
DublinfDr. Sabri Arac Development Agreement
for Quarry Lane School Project
725794.2.
Page 3
May 17, 2005
íLiJ::¡21
"
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. Riqht 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 amendmenfs
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 Qf 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 attached 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 land 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 mQdified conditions
agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3. Phasinq, Timina. Provisions that the PrQject 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.
See Exhibit B
5.3.4. Financina Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane Sehool Project
725794.2
Page 4
May 17, 2005
'6tJt)2"7
See Exhibit B
5.3.5. Fees, Dedications. Terms relating to payment Qf fees or
dedication of property.
See Exhibit B
5.3.6. Reimbursement. Terms relating to subsequent
reimbursement Qver time for financing of necessary pubiic facilities.
See Exhibit B
5.3.7. Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules. Reaulations and Official Policies.
6.1. Rules re Permitted Uses. For the term of this Agreement, the City's
ordinances, resolutions, rules, regulations 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 proPÇlsed buildings shall be
those in force and effect on the effective date of the Agreement.
6.2. Rules re Desiqn and Construction. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official poiicies governing design, improvement and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of the appiicable discretionary approval, whether the date of
that approval is prior to or after the date of this Agreement. Ordinances,
resolutions, rules, regulations and official poiicies governing design, improvement
and construction standards and specifications appiicable 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 ApDiicable. 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 ofthe California Code of Regulafions, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permltsfQr the Project.
7. Subsequentlv Enacted Rules and Reoulations.
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
72579.4.2
Page 5
May 17, 2005
C¡~Î
7.1. New Rules and Reaulations. During the tenn 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 mQdified ordinances, resolutions, rules, regulations or Qfficial
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. Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent land use permit
or authorizatiQn 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 tQ
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is impQsed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558.
8. Subseauentlv 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 purpQses of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and cQmplying 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
nof 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 B, subparagraph 5.3.5).
8.2. Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term Qf this Agreement shall apply to
the Project provided that (1) such fees have general applicability: (2) the
application Qf such fees to the Property is prospective only; and (3) the
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane Sehool Project
725794.2
Page 6
May 17, 2005
ll'ÆD11
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development in accordance with this Agreement.
8.3. 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 Qf such taxes would nQt prevent development
in accordance with this Agreement.
8.4. Assessments. Nothing herein shall be cQnstrued 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 affirmatively 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 Qr preclude compliance with Qne 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 8.56.
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
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
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
72579111.2
Page 7
May 17, 2005
Il1JtJ7
Works Director shall determine whether a reservation or dedication is
"significant" .
9.4. Amendment of Proiect Approvals. Any amendment of Project
Approvals relating 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 Qf proposed buildings; (f)
monetary contributions by the Developer; or (g) public improvements to be
constructed by DevelQper shall require an amendment of this Agreement. Such
amendment shall be limited to those provisions Qf 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 fhis Agreement.
9.5. Cancellation by 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 cancellation 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 Qf any of her 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, 2006 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 Qf proof by substantial evidence of compliance is upon the Developer.
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.
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
725794.2
Page 8
May 17, 2005
/2D(; 1.1
11.4. Costs. Costs reasonably incurred by City in cQnnection 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 Qf default by
eifher 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, fhat if fhe 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 cQmpletion.
Failure to give notice shall not constitute a waiver of any default.
12.3. No Damaaes Aaainst Citv. In no event shall damages be awarded
against City upon an event of default or upon termination of this Agreement.
13. EstooDel Certificate.
13.1. Either party may, at any time, and from time to time, request written
notice from the other party requesting such party tQ 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, tQ 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 tQ 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, fhis shall not be deemed to be a default,
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.
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
72579.11.2
Page 9
May 17. 2005
1¿'1') ì... 7
14. MortQaaee Protection: Certain RiQhts of Cure.
14.1. Mortaaaee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portiQn 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 shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in gQod 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 ObliQated. 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 Qr 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 fo devote
the Property tQ any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3. Notice of Default to Mortaaaee and Extension of RiQht 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 Developer 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 tQ
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 mQre than an additional sixty (60) days upon
request of Developer or a Mortgagee.
15. Severability.
15.1. The unenforceability, invalidity or illegality of any provisions,
covenant, condition or term of this Agreement shall not render the other
provisions unenforceable, invalid or illegal.
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
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
725794.2
Page 10
May 17. 2005
/ tfÐb 7-1
be entitled tQ recover reasonable attorneys' fees and costs in addition to any
Qther relief to which it may otherwise be entitled. If any person or enttty 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 in defending such action. DevelQper 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 Assianments.
17.1. Riaht to Assian. 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
hereunder 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 Qf Developer's rights, interests and obligafions 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. Aporoval and Notice of Sale. Transfer or Assianment. 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
DevelQper'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 Assianment. 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.
17.4. Permitted Transfer, Purchase or Assianment. 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
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
725794.2
Page 11
May 17. 2005
15f5b21
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 provisiQns of paragraph 17.1.
17.5. Termination of Aareement 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 shall terminate as to such
lot.
18. Aareement 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 Qf this Agreement shall be enforceable as equitable servitude and
shall constitute cQvenants 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, SQme act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burdenuPQn 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.
19. BankruDtcv.
19.1. The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
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 (induding legal
fees and costs) and liability for any personal injury or property damage which
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
725794.2
Page 12
May 17. 2005
/i.J.,l5b11
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 nQ 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 Liabilitv and Prooertv 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 Comoensation 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.
23. Notices.
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:
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Projeet
m¡9~'
Page 13
May 17, 2005
II¡¡b"'2- 7
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:
Dr. Sabri Arac
Quarry Lane School
6363 Tassajara RQad
Dublin, CA 94568
FAX No. (925) 829-4928
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 Qf 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
fQllowing day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Aareement is Entire Understandina.
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
26. Counteroarts.
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 follQwing
execution by all parties.
Dublin/Dr. Sabri Arac Development Agreement
for Quany Lane School Project
125794.2
Page 14
May 17, 2005
11:'¡V21
IN WfTNESS WHERËOF. the pertle$: hereto have CiIIused thIs. Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
By:
MayOr
DatI!:
ATTEST:
By.
CIty Clerk
APPROVED Þ$ TO FORM~
Date:
City Attorney
DEVELOPER
S,",,,
Dr. Sabri Arac
fþ..¿
Dalê;~
(NOTARIZATION ATTACHED)
Dllbllnl'Dr. Sabri MC OIV8IOJjmenl AOtðèmønt
fOr Clta1l\' Lene SOhool P/9JGÇt
I ""2
p,age 15
M«r 17, 2005
iCt"D2-7
EXHIBIT A
Property Description
ARAC PROPERTY
QUARRY LANE SCHOOL SITE
APN: 985-0002-006-01
Real property situate in the unincorporated area of Alameda County, State of
California, being all of that certain parcel described in the deed, recorded in
Series No. 99-310014, Alameda County Records.
Commencing at a railroad spike at the centerline of Tassajara Road (County
RQad No. 2568) (66.00 feet wide) as shown on Tract Map 6925, filed in Book 241
of Maps at Page 39, Alameda County Records; thence S.86°35'44"E., 33.00 feet
to the easterly line of Tassajara RQad; thence along said easterly line
S.03°24'16"W., 801.02 feet to the northwesterly corner of said parcel and the
Point of Beginning thence along the northerly line of said parcel N.82°07'31"E.,
781.19 feet to the northeasterly corner of said parcel; thence along the easterly
line of said parcel S.01°18'31"W., 557.80 feet to the southeasterly corner of said
parcel: thence along the sQutherly line of said parcel S.82°07'31 "W., 802.00 feet
to the southwesterly corner of said parcel; thence along the westerly line of said
parcel N.03°24'16"E., 561.50 feet tQ the Point of Beginning
Containing: 10.01 Acres!
2O"t "27
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant tQ
Paragraph 5.3 above.
SubøaraQraøh 5.3.1 -- Subseauent Discretionary Aøørovals
None.
SubDaraaraøh 5.3.2 -- Mitiaation Conditions
Subsection a.
Infrastructure Seauencina Proaram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and Qffers of
dedication) identified in Resolution No. 04-046 of the City of Dublin Planning
Commission approving Site Development Review for PA 99-064 (hereafter "SDR
Resolution") shall be completed by Developer to the satisfaction of the Public
Works Director at the times and in the manner specified in the SDR Resolution
unless otherwise provided below. All such roadway improvements shall be
constructed to the satisfaction and requirements of City's Public Works Director.
(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 potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Drainaae.
ZI~2.1
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.
(v) other Ufilities (e.a. gas. electricitv. cable televisions.
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
Subsection b.
Miscellaneous
(i) Completion Mav Be Deferred.
Notwithstanding the foregQing, City's Public Works Director may, in
his or her sQle 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 public improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
Subparaaraph 5.3.3 -- Phasing. TlmlnQ
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 Qwn time schedules and the Project Approvals.
SubparaQraph 5.3.4 -- Financing 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 below).
2'2iSh"21
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 fQr 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.
Subparaaraph 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.
Developer further agrees that it will pay eleven percent (11 %) of the
"Section 1/Category 1" portiQn 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 Pleasanton for
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 subsequenf resolution which revises such Fee. DevelQper 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 fhe time of issuance of building permits and in the
then-current amount of the fee.
Z- 3 'f:l ì
Subsection d.
Noise Mltlaation 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 nQ later than the fime of issuance of building permits and in the
amount of the fee in effect at time of building pemlit issuance.
Subsection e.
School Impact Fees.
Unless the project is exempted by law from the payment Qf such fees, the
Developer shall pay school impact fees impQsed by the Dublin Unified School
District.
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.
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 Traffic 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 Guidelines").
City acknowledges that pursuant to the Annexation Agreement Between
City of Dublin and Dr. Sabri Arac for the Quarry Lane School Project, dated
November 21, 2000 ("the Annexation Agreement"), Developer is entitled, by
virtue of its advance of $409,500 towards the Tassajara Interchange project, to a
credit in the amount of $409,500 to be used by Developer against payment of
Category 1 TIF Fees, subject to the limitations set forth in the Annexation
Agreement.
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.
'"
2 '-1rt-z..1
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: AprilZ6, Z005
SUBJECT: PUBLIC HEARING: PA 99-064 Dr. Sabri Arac - Quarry Lane School
DevelopmentAgreement for Quarry Lane School-
Report Prepared by: Janet Harbin, Senior Planner Cif··
ATTACHMENTS: I. Resolution recommending City Council approve t1i.e Development
Agreement between the City of Dublin and Dr. Sabri Arac (attached as
Exhibit A)
RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation; .
2. Take testimony from the Applicant and the Public;
3. Close the Public Hearing and deliberate; and,....
4. Adopt the Resolution recommending City Council"ä.pprove the
Development Agreement (Attachment 1 with Development Agreement
attached as Exhibit A) .
PROJECT DESCRIPTION
The Applicant, Dr. Sabri Arac of Quarry Lane School, is requesting approval of a d~velopment agreement
with the City to allow construction of Phase 2 of the privately owned sehool at 6363 Tassajara Road.
Phase.2 of Quarry Lane School consists of 70,289 square feet of classroom facilities;' a gymnasium,
playing field, parking and landscaped areas to accommodate middle and high school grades. A Planned
Development District rezoning and Site Development Review were previously apprþyed for the project,
and would be further implemented through the Development Agreement.
The project site is located on th.e north of the northeast side ofTassajara Road, approximately 3 miles
north of 1-580 in the Eastern Dublill Specific Plah area. Additionally, the 3.7 acre site is located between
the Dublin Raneh development to the south and the Silvera Ranch to the north.
Background:
On December 19, 2000 the City Council adopted Ordinance No. 24-00 approving a Planned Development
Rezoning and Stage 2 Development Plan, for Phase 2 of the Quaby Lane School, located within the
Eastern Dublin Specific Plan area. In conjunction with the rezoning application, the property along with
the adjacent Kobold property, was approved for annexation to the City. The first phase ofthe school
development was approved and constructed under Alameda County's jurisdiction, prior to annexation to
the City.
Development Af!reement .:,--,--.
One of the implementing measures of the Eastern Dublin Specific Plah is the requirement that the City
enter into a Development Agreement with developers in the Plan area. The Develo~ent Agreement
provides security to the developer that the City will not change its zoning and other láwS applicable to the
-.
_______~___________~~M_______________M_______._____~___________________~~__________R~~~---._--------.------
COPIES TO:
Applicant/Property Ownei<
Developer ^'''-
In·House DistribUti°Ä1MWT J-
G:IPA;;\!999\99.064 Quarry LanoIDcv A!!",cIPCSR DA 4-~6_doc
project for a specified period of time. The benefit to the City of entering into a Development AJe~~1-1"
with the property owner is that the document is a contract that ensures that the goals of the Eastèm Dublin
Specific Plan are me! and the infrastructure faeilities 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 developrnent, and any additional terms of the agreement are
met as the development proceeds.
Approval of development agreement~ is by adoption of an ordinance by the City Council upon a
recommendation by the Planning CommissiOfi. The proposed Development Agreement between the City
of Dublin and Dr. Sabri Arac. for the Quarry Lane School Project (P A 99"064) is contained in Exhibit A
of Attachment 1, the Resolution ree(}11llΡending City Council appröval of thl;ll)evelopment Agreement.
The format and structure of the Dl;lvelopment Agreement for Dr. Sabri Arac's project is based on the
standard Development Agreement developed by the City Attorney and adopted by the City Council for
Eastern Dublin Specific Plan projects.
ANALYSIS
The City Attorney drafted the proposed Development Agreement for Dr., Sabri Arac, chief administrator
for Quarry Lane S.chool, with input .from City ~taff, Dt. Arac's representatives, and his attorney, Patricia
Curtin. The Development Agreement sets forth the àgreemeI1t between the City and Dr. Arae in relation to
many items, including, but not limited to, timing and phasing, project and off,site infrastructure, and
payment, waiver or credit of fees. The Development Agreemen.t runš with the land and the rights there
under can be assigned. The main points of the DeveÏoplIlent Agreement can be found in Exhibit A of
Attachment 1, and are highlighted below:
Term Agreement&: Phqsing:
The. Development Agreement becomes effective for ,à term. offiveYl;lars from the date iUs approved. All
constructionöfthe Behool' sexpanded facilities will take place in one phase.
Infrastructure Construction and Traffic Impact Fees:
The City requires that Developers in Eastern Dublin paÿ tràffiç impact fees for certain City wide
improvements to the circulation system. Additionally, fees .are charged for certain circulation
improvements specific to Eástem Dublin. The City determines the direct project iIllpact through a traffic
study that has been conducted for the development. A traffic study was prepared in conjunction with the
related annexation of the property in 2000 and approval of the Annexation Agreement. The project
specific improvements and dedications are contained in the Site Development Review Conditions of
Approval for the Quarry Lane School project, approved by Planning Commission Resolution No. 04-046,
and referenced in the Development Agreement in Exhibit A to Attachment 1, Subsection 5.3.2(a)(i).
Additionally, credits to impact fees are addressed in Subsection 5.3.6 of the Agreement.
Other Fees:
The Development Agreement also addresses the payment of the Public Facilities Fee, Noise Mitigation
Fee, School Fees, Fire Impact Fees and the Tri· Valley Transportation Development Impact Fee required
of developers in the Eastern Dublin Specific Plan area. (Refer to Subsection 5.3.5(a through f) of the
Developrnent Agreement in Attachment 1.)
Other Infrastructure Improvements:
The Development Agreement also provides for the construetion of certain other iIllprovements to serve
the project site such as off-site sewer, water supply system and hydrants, storm drainage system and other
utility services, such as gas and electric provision. (Refer to Subsections 5.3.2(a)(ii through v) of the
Development Agreement in Attachment 1.)
2
CONCLUSION:
2i.ot'IfJ ? 7."
Approval of this Development Agreement will implement provisions of the Eastern Dublin Specific Plan,
and the conditions of approval specific to the Quarry Lane School expansion project. The proposal is
consistent with both the General Plan and the Specific Plan.
ENVIRONMENTAL REVIEW
The Eastern Dublin Specific Plan was adopted in 1994 and has a certified Program ErR (SCH No. 91-
103064). The City of Dublin, as the Lead Agency, prepared a focused Initial Study and Mitigated
Negative Deelaration for all applications related to the proposed project in 2000. The Mitigated Negative
Deelaration for PA 99-064 was adopted by the City Council on November 21,2000.
RECOMMENDATION:
Staff recommends the Planning Commission: 1) Open Public Hearing and hear the Staff presentation; 2)
Take testimony from the Applicant and the Public; 3) Close the P1.¡blic Hearing and deliberate; and,4)
Adopt Resolution (Attachment 1 with Development Agreement attachðd as Exhibit A) recommending
City Council adopt an Ordìnanceapproving a Development Agreement between the City of Dublin and
Dr. Sabri Arac for the Quarry Lane School.
3
GENERALINFORMA nON:
¿Î c'b?-7
APPLICANTI
PROPERTY OWNER(S)
Dr. Sabri Arac, President
Quarry Lane Se!¡ool
6363 Tassajara Road
Dublin, CA 94568
LOCATION:
6363 Tassajara Road
APN:
985-0002.006-0 I
EXISTING ZONING:
Planned Development
GENERAL PLAN DESIGNATIONS: Medium Density (6.1 to 14 dwelling units per aere) Residential
Rural ResidClltiàl/Agrieulture (Om dwelling unit per acre)
SPECIFIC PLAN DESTGNA TION: Medium Density (6.1 to 14 dwelling units per acre) ReSidential
RurIlI Residential! Agriculture (0.01 dwelling unit per acre)
ENVIRONMENTAL REVIEW: Tbe Eastern Dublin Sp.ecifie Plan was adop.ted in 1994 and has a
certified Progra¡nEIR (SOH No. 91·103064). Tbe City of Dublin, as
the Lead Agency, prepared a focused Initial Study and Mitigated
Negative Declaratib:t1 for aU applieations related to the proposed
project in 2000. The Mitigated Negative Declaration for P A 99-064
was adopted by the OityOouncil On November 21,2000.
4