HomeMy WebLinkAbout6.1 QuarryLaneSchool DA
CITY CLERK
File # D!0J[Q][Q]-rz:1[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 17,2005
SUBJECT:
PUBLIC HEARING: P A 99-064 Dr. Sabri Arac - Quarry Lane School
2nd Reading, Development Agreement for Phase 2
Report Prepared by: Janet Harbin, Senior Planner c4/
ATTACHMENTS:
I. Ordinance approving the Development Agreement bctween the City of
Dublin and Dr. Sabri Arac (with Development Agreement attached as
Exhibit A)
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l. 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 second reading and adopt an Ordinance approving the
Development Agreement between the City of Dublin and Dr Sabri Arac
(Attachment I, with Development Agreement attached as Exhibit A)
RECOMMENDATION:
PROJECT DESCRIPTION
On December 19, 2000 the City Council adopted Ordinance No. 24-00 approving a Planned Development
Rezoning and Stagc 2 Development Plan, for Phase 2 of the Quarry Lane School, located within the
Eastern Dublin Specific Plan arca at 6363 Tassajara Road. 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 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 which consists of70,289
square feet of elassroom facilities, a gymnasium, playing field, parking and landscaped areas to
accommodate middle and high school grades. This is the second reading of the Ordinance approving the
Development Agreement.
Development Allreement
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 sccurity to the developer that the City will not change its zoning and other laws applicable to the
project for a specified period oftimc. The benefit to the City of entering into a Development Agreement
with the property owner is that thc document is a contract that ensures that the goals of the Eastern Dublin
Specific Plan are met and the infrastructure facilitics for the area are constructed with each development
phase. Additionally, it ensures that dedications of property and casements are made, project phasing is
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COPIES TO:
Applicant/Property Owner
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followed, the appropriate fees are paid for the development, other agencies' fees and permits are obtained,
and any additional terms 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 Dr. Sabri Arac tor the Quarry Lane School Project (P A 99-064) is contained in Exhibit A
of the Ordjnance to approve the Development Agreement in Attachment I,
Planning Commi~#on 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 Phase 2 project (Exhibit A of
Attachment I) 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 I.
City Council Action
On May 3, 2005, the City Council considered the proposed Development Agreement between the City of
Dublin and Dr. Sabrai Arac for the Quarry Lane School Phase II project. At that time, the City Council
unanimously approvcd waiving the reading and introdu<:tion of an Ordinance approving the Development
Agreement (Attachment I, with Development Agreement attached as Exhibit A) between the City of
Dublin and Dr. Sabri Arac for the Quarry Lane School.
ANALYSIS
The City Attorney drafted the proposed Development Agreement for Phase II of the Quarry Lane School
with input from City Staff: the property owner and his attorney. The Development Agreement sets forth
the agreement between the parties in relation to many items, ineluding, but not limited to, phasing, project
and off-site infrastructure, and payment or waiver of fees. The Developmcnt Agrecmcnt 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.
As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is
necessary prior to final adoption of the Ordinance to approve the Development Agreement.
RECOMMENDATION:
Staff recommends the City Council: I) Hear Staff presentation; 2) Open the Public Hearing; 3) Take
tcstimony from the Applicant and the Public; 4) Close the Public Hearing and deliberate; 5) Waive the
second reading and adopt the Ordinance (Attachment I) approving the Development Agreement, attachcd
as Exhibit A, between the City of Dublin and Dr. Sabri Arac for the Quarry Lane School.
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ORDINANCE NO. - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING A DEVEWPMENT AGREEMENT FOR PA 99-064
DR. SABRI ARAC FOR QUARRY LANE SCHOOL
THE CITY COUNCIL OF mE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. Dr. Sabri Arac has requested approval of a Development Agreement for PA 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 Specific Plan boundaries.
B. The Development Agreement and Project are 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 dwelling units per
acre), and the proposed Quarry Lane School project is consistent with that designation which allows
certain public/semi-public uses to serve residential development..
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 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 Declaration for all applications related to the Quarry Lane School project, including
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 public 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.
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H. The City Council has considered the recommendation of the Planning Commission who
considered the item at the April 26, 2005 meeting, including the Planning Commission's reasons for its
recommendation, the Agenda Statement, all comments received in writing and all testimony received at
the public hearing
Section 2,
FINDINGS AND DETERMINATIONS
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
Quany Lane School Project EIR, (t) the Agenda Statement, and on the basis of the specific conclusions
set forth below, the City Council finds and detennines that:
l. The Development Agreement is 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 dwelling units per acre), and
that the proposed Quany 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 infrastructure and public services of the 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 development 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 district in which the real property is located in that the previous project
approvals inelude a Planned Development (PD) Zoning District, Stage I and 2 Development Plan, Site
Development Review, Conditional Use Pennit, Mitigated Negative Declaration, 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 Quany Lane School project will implement land use
guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed.
4. The Development Agreement will 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 Agreement 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.
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Section 4. REÇURDA nON
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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.
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Section 5. ErFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in 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 of the City of Dublin, on this 17Ü, day of May
2005, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K'/GIS-I7.()Slord-QuarryLaneSchool DA (Item 6.1)
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City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568 .
Space above this Una for Re(X)rderls. Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DR, SABRI ARAC
FOR THE QUARRY LANE SCHOOL PROJECT (PA 99-064)
EXHIBIT A
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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 enter
into an agreement for the' development of real property with any person having a
legal or equitable Interest in such property in orderto 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 Eastem 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 Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
D. The Eastern Dublin Specific Plan requires Developerto 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 Resolution No, 24-00), and Site Development
Review (Planning Commission Resolution No. 04-046), (collectively, together
with any approvals or pel111its 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 discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective;
and
G, City desires the timely, efficient, orderly and proper development of
said Project; and
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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 follows:
AGREEMENT
1. Description of Propertv.
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.
4.1. Effective Date. The effective date of this Agreement shall be the
Approval Date.
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4.2. Term. The term of this Agreement shall commence on the
effective date and extend five (5) years thereafter, unless said term Is othelWise
terminated or modified by circumstances set forth in this Agreement.
5. Use of the Propertv.
5,1. Rlaht 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 reserv.ation 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 attached hereto and incorporated herein by
reference.
5.3.1. Subseauent Discretionary Aoorovals. 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. Mltiaation Conditions. Additional or modified 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. Phaslna. 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.
See Exhibit B
5.3.4. Financina Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding,
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See Exhibit B
5.3.5. Fees, Dedications. Terms relating to payment of fees 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. ADDlicable 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, goveming 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 govemîng 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 goveming design, improvement
and construction standards and specifications Çlpplicable 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 ADDlicable, 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 Califomla Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subseauentlv Enacted Rules and Reaulations.
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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. Approval of Application. Nothing in this Agreement shall prevent
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. 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 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 orfacillties, 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 B, subparagraph 5.3.5).
8.2. 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
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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 of such taxes would not prevent development
in accordance with this Agreement.
8.4. 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
XI liD of the Constitution and Developer does not retum 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 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 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 fT!ay execute an amendment hereto. City's Public
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725794.2
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Works Director shall determine whether a reservation or dedication is
"significant" .
9.4. Amendment of Proiect Accrovals. 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 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 cancellation shall be retained by City.
10. Term of Prolect ADDrovals,
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, 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 Agre.ement. The
burden of proofby substantial evidence of compliance is upon the Developer,
11.3. Staff Recorts. To the extent practical, City shall deposit in the mail
and fax to Deveioper a copy of all staff reports, and related exhibits concerning
contract performance at least five (5) days prior to any annual review.
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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 Damaaes Aaainst City. In no event shall damages be awarded
against City upon an event of default or upon termination of this Agreement.
13. Estoppel 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, aDd (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,lto describe therein the nature
and amount of any such defaults. A party receivi:ng a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonablyf 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 retum such
certificate within the applicable period, this 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.
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14. Mortaaaee Protection: Certain Rights of Cure.
14.1. Mortoaaee 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 shall 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 Oblioated. 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 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 Richt 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 to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extènd 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. Severabilltv.
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
71,794.2
Page 10
May 17, 2005
l-thb ':2-1
be entitled to recover reasonable attomeys' fees and costs in addition to any
other relief to which it may othelWise 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
shail cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, arid 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 Asslan. Developer may wish to seil, 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 trensfer, 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 shail not be unreasonably withheld or delayed.
17.2, Aooroval and Notice of Sale. Transfer or Assianment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days atter 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 perfonn 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 Assianment. Developer shall be·
reieased 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 Ar¡m Development Agreement
for Quarry Lane School Project
725794.2
Page 11
May 17,2005
¡SPb2-1
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 Aareement Uoon 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 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.
19. Bankruotcv.
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 (including 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
7)5714.2
Page 12
May 17, 2005
/W'bì 1·
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 atter 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 Damaae 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,
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 Sohool Projeot
725794.2
Page 13
May 17, 2005
!líib""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 Road
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 of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following 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. Counterparts,
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,
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
725194.2
Page 14
May 17, 2005
t'bPb21
IN WTTNESS WHERËÖF. the partle$ hereto havê ~used this Agreement .
to O. &ecuted as of t!'I@ date and yew first &tIove written.
CITY OF OUEJUN:
By:
Mayòr
Pat~:
A TresT:
By:
City Clérk
APPROVED IJ.ß TO FORM~
Date:
CIly Attorney
CEVELOÞER
54"
Dr. SaÞri Arac
J\.,..¿
De~:~
(NOTARIZATION AiTACHED)
OubllnlDr. Sabri Aniç DrMIloJ\men( Ag,oemllnt
for Qua1'l'Y lA/1e SChOOl ProJ$Ct
I ,....z
Page 15
M8Y 17, 2005
· .
l c¡ "b:?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
Caltfornia, 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
Road 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 Road; thence along said easterly line
S.03°24'16"W., 801.02 feet to the northwesterly comer 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 aiong the southerly line of said parcel S.82°07'31 "W., 802.00 feet
to the southwesterly comer of said parcel; thence along the westerly line of said
parcel N.03°24'16"E., 561.50 feet to the Point of Beginning
Containing: 10.01 Acres :!:
2D~ 7.7
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subøaraaraph 5.3.1 -- Subseauent Discretionary Approvals
None.
Subparaaraph 5.3.2 .- Mith:lation 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 offers 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 DralnaQQ.
,
21~~1
The storm drainage systems off·slte, 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 polides 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 activtties shall
adhere to Best Management Practices.
(v) Other Utilities (e.a. aas. electrlcltv.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 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 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 - Phasina, TiminCl
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.
Subparaaraph 5.3,4 -- Financina 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 ? ~ í.l"
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)(il) and (ili) 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 Mure 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" portion of the TIF In cash.
Developer aiso 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% ottotal
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 Eastem 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 shail 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.
23"D7.~7
Subsection d.
Noise MltiQation 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.
Unless the project is exempted by law from the payment of such fees. the
Developer shall pay school impact fees imposed by the Dublin Unified School
District.
Subsection f.
Fire ImÞact 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.
Subparaaraph 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 (Resoiution No. 23-99 ('TIF Guidelines").
City acknowledges that pursuant to the Annexation Agreement Between
City of Dublin and Dr. Sabri Arac for the Quany 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 Rleht-of-Wav Dedications -
Credit
City shall provide a credit to Developer for any TIF area right-of-way to be .
dedicated by Deveioper 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.
,-
f'
2 <-1 üò '-1 '
AGENDA ,STATEMENT ';;.
PLANNING COl\IMlSSION ~ETING DATE: April 26,2005
-~~ "
<:~.
SUBJECT:
PUBLIC HEARING: PA 99-064 Dr. Sabri Arac - Cluarry Lane School
~Î, .
DeVëlopmeptAgreement for Quarry Lane School -;;"
Report Prepared /iy: Janet Harbin, Senior Planner 042,'
;.'
ATTACHMENTS:
I. Resoh¡tion recommendin~ City Council approve tb.~- Dev~opment
Agreement Mtween the City of Dublin and Dr. Sabri Arac (attached as
Exhibit A) l
~~;;::.~;'::
RECOMMENDATION:
I, Open Public Hearing and receive Staff presentatioJ;¡¡
2. Take, testimony ftom the Applicant and the Public;'"
3. Close the PJiblic Bearing and deliberate; and, ,', ' , ,lit-f;·
4. Ado:pttheResohltionJecomroendin~êity CounçiFapprove the
D~velòPtnetlt Agreenient (Attacbrnent i with Devel(ipment Agreement
attaChed as" Exhibit A) ,'.
.~:~"."" ,
PROJECT bESCRlJ'TION
':7- "
'0·""'·
The Applicant, Dr. Sabri Ara.c qf Quarry Lane School, is requesting approval of a d~~iopment agreernent
with the City tò allow construction of Phase 2 of the privately owned school at 6363tassajaraRoad.
Phase.2 ofQUfIITY Lane SCh~()1 consistsof 7Q,289 sql.1Me feet of"clllssroQID façi4tie~lgymruisiµm.
playing field; paildng and landséäpë'd are~ töäê¢ommodate mi(ltli/j antlbigh schoo¡,:grådes, A Planµèd
Development District rezoniJ¡g à1J.d Site Development Review Were previously app¡j)^!èd for the project,
and would be furlher implemeÌ1ted through the Developrnetlt Agreement. '
The project site is located on. the north of the northeast side ofTässajara ROäd, appråXiI11á.telr 3 miles
north qfl-580 in the East¢rii Dtt'blln Sp(:cifiç Plan area. Additionally, the 3.7 acre sit~;sloclrted between
the DubliD. Ranch deveÌo)'IDèIit to the south and the Silvera Ranch to the north. -.:~" '
Background:
"..~:',,~ ~
:;.".:
On December 19, 2000 the City Council adopted Ordinance No. 24-0Û a¡:ìprovirig ~:Pïånned Development
Rezoning and Stage 2 Development Plan, for Phase 2 of the Quárrÿ Lane School, lodited within the
Eastern Dublin Specific plan aæa. In conjunction with the rezoning application, the:'property along with
the adjacent Kobold property, was approved for annexation to the City. The first p1ilise of the school
development was approved and constructed under Alameda County's jurisdiction, prior to annexation to
the City.
,"
u
Development Af!7'eement ';:.'::;,
One of the implementing mea.sur(:s of the Eastern Dublin Specific Plan is the requiIÍ#i1.ent that the City
enteririto a Development Agreement with developers iri the Plan area. The DeveloV,.T!,ut Agreement
provides security to the developer that the City will not change its zocing and other~;~'rs applicàble to thë
-------"":""""-------_......_-.;....-------
--_.....----~_..-------
COPIES TO:
ApplicantlProperty owm:i\'~':
D(:vdoper ",..~"
In-House Distributi0AtfAt~ ;)-
(},IPA,#\1999\99-iJ64 Qwmy Lane\Dev Ag¡<oo~CSR DA 4-26.do<
,
proj~« for a specil;ied :period of time. The benefit to tbe City of enterin¡:¡ into a Develop1IlentAJe~1rtt 1 "
with th~ prþperty oW1i.eiis thaithe document is a contract th:at ensures that the goalsofthe Ea,$t(¡rn Dublin
Sp¢dfic Plan are met and tM infr~tructureflK1'ili1:i~s for the.. ¡¡rea are co.rištruct~ with each development
phase. AdditionäJ¡y, it ensures that dedications of property and easèments are made, project p'h¡;¡¡¡ing is
followed, the appropriate fees are paid for the development, and any additiomil terms of the agreemetit are
met as the development proceeds.
Approval of development agreemi::µts is byadop~on of an ordin¡¡I¡ce þy the City Council npo]J. a
recqrnmendation by the Planning Commission, The pr()posed Development Aweement between the City
ofDubH.n åildDr. Sabri Arac for the QUarry Lane Scb.()ol Project(P A 99.Ü64} is contained in. Exhibit A
ofAttacbn1en,t I, tlwltesolution reögrrrmen,qiq~ CityCounci\approvaJ of the Development Agrewent
The fQ®at aµd'structure oftl1e Deve10pment A¿þ"eement for I>¡;;Sllbri Ara,c'R project is.bas~ on thé
standard Deve10pmerlt Agreement developed by the éítý Attörney arid adópted by the City Coundl feir
El!Stero Dublin Specific Plan projects.
ANALYSIS
"
,
The City Atto¡1ley dmftedtJ;¡eprôposedD(:JvelppmentAgre¢ír¡.çtfoiþr,Sabl'Î Mac, chief adn1iIliStrÍ\teir
for .~. ~anl"~cþoóí, Wi14Ì1Jput frcim Çity sM,Dt. ;.,rap'S r~eS.~l¡¡.t,ive$, and hie attomw, Pat¡jda
dllrtih,Thè DeveIbPmerit Agreèmetit seW; föith the a~etneritÞcIDvétm U¡e'Qityand Dr. Arac ín relation to
:many items, ii1,èluding,. but not limited to, timing an.d Pl1asing, proj ect ani:! ø·ff·sìtê. infrastrutture, and
paymerit, waiver or credit of fees. The Development Agreerrif;'lit runs with the landan¡1 tþeri¡;;hts t11erê
under can be assigned. T'hemain points of the Development Agreement can 'be foub.cÏ in Exhibit Aof
Attabbroe!lt 1, and are highlighted beloW:
Term4greø1itf.TltJ.l'hiJ!¡Îl1gy . ..' . ..... .... ..... '.. ..... ." ..' '. '. .......... '. ..' ..... . .
TheJ;)ev.elgp!D¢J\t Agn:emeb,t Pe(J( JJ:\9seft99tive føratl$Jl offi"ereare ¡rom U)e. ¢.~tl" it is !\pp,Qy¡;d. All
oonst.tùctiøh,9fthe·,Sit'b061'sexpaliPe<1 facilities wil¡ take place mopephåSe, ...' . . '. .
Infrastructure Constructìoll and Traffic Impact Fees:
The City requires thatDevelopers inß.astêm Dub!in,p~y trafjic impact f¡;es for certain City wide
improvements to the. draulation system,.. Adiiitien¡¡,lly, fees are cìµ!lrged for. certain circulatior;l
improvements specific. to Eastern Dublin.' The City determines tþe41rectprojeç,t\P:¡pactthro~gh a traffic
study that has 'beep conducted for the deveìopment. A traffic study was prepared in conjunþtion with the
related annexation of the property in 2000 and approval of the AnneXation Agreement. The projegt '.
specific improvemerits and dedications are contained in the Site Developllle!lt Review Conditions of
Approval for the QuarryLan¢ Schpol Project, appreivedpy P1BJll1iI1;g QornrnissionR"I"spJ1.ltionNo. 04-046,
andreferented inthe De'l'elopmerit Agree¡nentin.ExhibitA to Attaciunent 1, Subsectî.6n 5.3.2(a)(i).
Additionally, credits to impact fee.<¡ are addressed in Subsection 5.3.6 of the Agreement.
Other Fees:
The Deveiop¡,nept Agreement also addresses the payment oftþePublic Facilities Fee, Noise Mitigation
Fee, School Fees, Fire Impact Fees and the Tri-Valleÿ Transportation Development Impact Fe.e required
of developers in the Eastern Dublin Speoific Plan arelL (Refer to Subseotion 5.3.5(a through f) of the
Development Agreement in Attachment I.)
OtherI,¡jrastructµre I",provemenfs:
The Development Agreement also provides for the construction of certain other improvemeIíts to serve
the proj ect site such as' off-site sewer, water supply system and hydrants, sto= dramage system and other
utility services, such as gas and electric provision. (Refer to Subsectiòns 5.3.2(a)(ii through v) of the
Development Agreement in Attachment I.)
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CONCLUSION:
2f.ÞJb 1. --h,~
,/
Approval oHhis Development Agreement will implement provisions of the Eastern Dublirt Specific Plan,
ßIld the conditions of approval specific to the Quarry Lane School expansion project Tbe proposal is
consistent with both the General Plan and the Specific Plan.
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ENVIRONMENTAL REVIEW
The Eastern Dublirt Specific Plan was adopted irt 1994 and has a certified Program EIR (SCH No. 91-
103064). The City of Dublin, as the Lead Agency, prepared a focused Initial Stu.dy ßIld Mitigated
Negative Declaration for all applications related to the proposed project irt 2000. The Mitigated Negative
Declaration fot PA 99-064 wai3 adopted by the City Council on November 21,2000.
RECO!\11\IENDATlO:N:
Staffrecom:rnends thøP1linDingCòInIIiissiort: 1) Open Public Hearing and heaithe Staf'fpresentat1on; 2)
Take testÎmony ftomthe Applicant and the Public; 3) Close the Public Hearing and deliberate; and, 4)
Adopt Re$o!ution (Attachment 1 witl1- Development Agreex:nent atteI.ched as ExlrlbitA) recolIlI1'¡encJiI¡g
City Council adopt an Ot'dÎ11,anccapprovirtg,a Developm.ent Agreement between the City of Dublin and
Dr. Sabri Arac forthe QuarrY Lane Sèhool.
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.gEl'fIJJML .OOOR.MA TION:
.APPtIêJ.N't1
rROPERTY OWNER(S)
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Dr. Sabri. hac, President
QuarrY L!iI1(\ School
6363 Tassajara Road
Dublin, CA 94568
LOCATION:
6363 Tassajara Road
APN:
EXISTING ZONING:
985·0002·006-01
PlallnOO Dévelöproent
GENERAL PLAN DESIGNATIONS: MeditlIµ j)ensity(6.1toI4 dwel1ingunits.petllère)Rßsidential
RmM Rè$ideïitjalJ:Agriculture (0.01 dwelling UI1it per aC1"e)
SPECIFIC iPLANDESIGNATION: Medi1W Density (6.1 to ¡ 4 dwellj¡'¡g ¡µ¡.jts per acre) Residential
Rd [{ešidentiä1lAgricuiture (0.0 I dweI.il¡¡g unit p~ !'Pre)
ENVIRONMEl\'T AL REVIEW: The Ea¡¡¡.ë~ Dublin Specific pla,n was adopted",1994 !jnd hiaS a
certified-Program. EIR (SCH No. 91-1Q3064). Th¢ City of DUblin, as
the Lead Agency, prepared a focused Initial Study and, Mitigated
Negative D~laration fo1" all applications related to the proposed
próje¢tin 2000. The Mitigated Negative Declarationfor P A 99-064
was adopted by the City Council on November 21, 2000.
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