HomeMy WebLinkAboutItem 6.5 AgmtCaCreeksidePD
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CITY CLERK
File # [Q][f]rol~-~~
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AGENDA STATEMENT
. CITY COUNCIL MEETING DATE: May 28,1996
SUBJECT: PUBLIC HEARING: P A 95-048, California Creekside Planned
Development and Development Agreement
:'~ (Report Prepared by Dennis Carrington, Sr. Planner)
EXHIBITS ATTACHED: (Exhibit A: Resolution Approving and Establishing Findings and
General Provisions and Conditions of Approval for a
PD, Planned Development Rezoning
/ Exhibit B: Ordinance Amending the Zoning Ordinance to permit
Rezoning
/ Exhibit C: Ordinance approving Development Agreement (and
Development Agreement (Attachment 1 to Exhibit C))
RECOMMENDATION:
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1) 'Open public hearing and receive staff presentation
2) Take testimony from Applicant and public
3) Close Public Hearing
4) Deliberate
5) Adopt Resolution Approving and Establishing Findings and
General Provisions and Conditions of Approval for aPD,
Planned Development Rezoning (Exhibit A)
6) Waive Reading and adopt Ordinance approving PD Rezone
(Exhibit B)
7) Waive Reading and adopt Ordinance approving Development
Agreement (Exhibit C)
FINANCIAL STATEMENT: None
DESCRIPTION:
On May 14, 1996, the City Council introduced the ordinances approving a PD Rezone and Development
Agreement for P A 95.048, California Creekside. Minor changes have been made by the City Attorney to
the Development Agreement to the Paragraph 20, "Indemnification" on page 14; and to Subparagraph
5.3.7, Subsection b, "Waiver of Protest" on page XI of Exhibit B to the development agreement. Both
changes have been agreed to by Kaufman and Broad and Alameda County.
The changes to the."Indemnification" paragraph make the intent of the paragraph clearer. The changes to
the "Landscaping Maintenance Along Streets and Creek" paragraph clarify that the County or developer
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COPIES TO: Pat Cashman
Matt Koart
In-house Distribution
ITEM NO.
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will assure that the purchasers of individual lots will pay for their proportionate share of maintenance costs
for trails and public street and creek landscaping within the Santa Rita property. Further, they ana aad that f
a homeowner's association, covenant to pay an amount contained in a deed, and/or a landscaping and
lighting assessment district may be required in order for landscape maintenance to be funded. The revised
language also requires the County to assure that any developers within the Santa Rita property also provid.';:
for maintenance by similar means. The ability to use a covenant to pay an amount contained in a deed'
depends on the collection of the funds by Alameda County. The City Attorney will determine if Alameda
County will agree to collect the funds. The exact nature of the entity to maintain the landscaping, the
location ofthe landscaping and costs will be determined by an agreement between the City, Alameda
County and Kaufman and Broad prior to close of escrow on the property.
Therefore, Staff recommends iliar the City Council conduct a public hearing, deliberate, and adopt the
Resolution Approving and Establishing Findings and General Provisions and Conditions of Approval for a
Planned Development Rezoning; waive the reading and adopt the Ordinance approving the PD Rezone; and
waive the reading and adopt the Ordinance approving the Development Agreement.
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RESOLUTION NO. -96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A
PLANNED DEVELOPMENT (PD) REZONING CONCERNING
PA 95-048, CALIFORNIA CREEKSIDE
WHEREAS, KauflT)an & Broad of Northern California have requested approval ofa Planned
Development Rezoning to establish General Provisions and Development Regulations for a residential
development consisting of 154 single family dwellings and 123 townhouses on approximately 35.4 gross
acres (APN 946-15-1-10 (por)) in the Eastern Dublin Specific Plan area; and
WHEREAS, a complete application for a Planned Development Rezoning is available and on file
in the Planning Department; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found,
pursuant to CEQA Guidelines Section 15182, that the proposed residential project is within the scope of
the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan
which was certified by the City Cruncil by Resolution No, 51-93, and the Addenda dated May 4, 1993, and
August 22, 1994 (the "EIR"), and has further found that the proposed project is consistent with the adopted
Eastern Dublin Specific Plan; and
WHEREAS, the Planning Commission did hold a public hearing on said application on April 16,
1996 and did adopt Resolution 96-10 recommending that the City Council approve and establish findings,
general provisions, and development standards for a Planned Development Rezoning, and recommending
that the City ~ouncil adopt a Development Agreement for PA 95-048 California Creekside; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
Planned Development Rezone subject to conditions prepared by Staff; and
WHEREAS, the City Council did hear and use their independent judgment and considered all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make
the following findings and determinations regarding said proposed Planned Development Rezone:
1. The Planned Development Rezone, as conditioned, is consistent with the general
provisions, intent, and purpose of the PD District Overlay Zone ofthe Zoning Ordinance, the General Plan
and the Eastern Dublin Specific Plan. The Planned Development Rezone will be appropriate for the
subject property in terms of providing General Provisions which set forth the purpose, applicable
provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses, and
Development Standards; which will be.compatible with existing vacant and proposed commercial, office
and residential uses in the immediate vicinity, and which enhance development of the Specific Plan area;
and
2. The Planned Development Rezoning will not have a substantial adverse affect on health
or safety or be substantially detrimental to the public welfare or be injurious to property or public
improvement as all applicable regulations will be met; and
3. The Planned Development Rezoning will not overburden public services as the Dublin
San Ramon Services District has stated that public services are available; and
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EXHIBIT ^
4, The Planned Development Rezoning will be consistent with the policies of the Dublin
General Plan and the Eastern Dublin Specific Plan designation of Single Family Residential, Low Density
Residential, Medium Density Residential and Medium-High Density Residential; and
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5. The Planned Development Rezoning will provide efficient use of the land pursuant to the
Eastern Dublin Specific Plan that includes preservation of significant open areas and natural and
topographic landscape features along Tassajara Creek with minimum alteration of natural land fonns; and
6. The Planned-Development Rezoning will provide an environment that will encourage the
use of common open areas for neighborhood or community activities and other amenities through
Conditions of Approval; and
7. The Planned Development Rezoning will create an attractive, efficient and safe
environment through Conditions of Approval; and
8. The Planned Development Rezoning will benefit the public necessity, convenience and
general welfare and is in confonnance with Sections 8-31.0 to 8-31.1 9 of the Dublin Zoning Ordinance;
and
9. The Planned Development Rezoning will be compatible with and enhance the general
development of the area because it will be developed pursuant to Conditions of Approval and site
development review; and
10. The Planned Development Rezoning will create attractive, efficient and safe
development because it will be developed pursuant to Conditions of Approval and site development
review.
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NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council does
hereby approve a Planned Development Rezoning including the following General Provisions and
Development Standards for PA 95-048, California Creekside, which constitute regulations for the use,
improvement and maintenance of the 35.4::l:: acre parcel 946-15-1-10 (por) subject to the following
Conditions of Approval:
GENERAL PROVISIONS AND DEVELOPMENT STANDARDS
GENERAL PROVISIONS
A. Pu(pose
This approval is for a Planned Development (PD) District Rezoning for PA 95-048, California
Creekside. This PD District Rezone includes a Land Use and Development Plan which is represented by
the Tentative Map dated received April I 0, 1996, Site Plan and Preliminary Landscape Plan dated received
April 2, 1996 (Both Labeled Exhibit A), and the written statements provided by the Applicant dated
received April I, 1996 and on file. The PD District Rezone allows the flexibility needed to encourage
innovative development while ensuring that the goals, policies and action programs of the General Plan
and Eastern Dublin Specific Plan are met. More particularly, the PD District Rezone is intended to ensure
the following policies are met:
1.
The approval of this Planned Development Rezone shall be pursuant to the tenn set forth in the
Development Agreement approved by the City of Dublin on , 1996, and recorded on
, 1996. In the event of conflict between the tenns of the Development Agreement and the
following conditions, the tenns of the Development Agreement shall prevail. [PW, PL].
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B.
Encourage innovative approaches to site planning, building design and construction to create a
range of housing types and prices, and to provide housing for all segments of the community.
Create an attractive, efficient and safe environment.
Develop an environment that encourages social interaction and the use of common open areas for
neighborhood or community activities and other amenities.
Create an enviromnent that decreases dependence on the private automobile.
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Dublin Zoning Ordinance M Applicable ReQuirements
Except as specifically modified by the provisions of the PD District Rezone, all applicable and
general requirements and procedures of the Dublin Zoning Ordinance R~I District shall be applied to the
PD Single Family Residential designated lands, and of the R-3 District shall be applied to the PD Medium-
High Density Residential designated lands in this PD District.
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C. General Provisions and Development Standards
1.
Intent: This Planned Development District is to be established to provide for and
regulate the development of the California Creekside Subdivision. Development shall be
generally consistent with the Land Use Development Plan. This approval rezones 35.4
gross acres currently zoned Business Park Industrial to 26.8 gross acres zoned PD Single
Family Residential District (154 dwelling units at 5.75 dwelling units per acre) and 8.6
gross acres zoned PD Medium-High Density Residential District (123 dwelling units at
14.3 dwelling units per acre), for a total maximum of277 dwelling units.
2.
PD Single Family Residential
Permitted Uses: The following principal uses are pennitted in the PD Single Family
Residential district:
A. Residential development limited to:
I. Single Family Detached houses
Prohibited Uses: The following uses are prohibited in the PD Single Family Residential
district:
1. Field Crops
2. Orchards
3. Plant Nurseries
4. Greenhouses used only for cultivation of plant materials for sale
5. Hospital
Conditional Uses: All conditional uses in the R-I District are conditional uses in the PD
Single Family Residential district with the exception of prohibited uses listed above.
Development Standards: Development standards within the PD Single Family district
are as follows.
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SETBACKS AND YARDS
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A. Minimum Sinl;1e Familv Setbacks: The minimum setbacks for single family
detached houses and accessory structures shall be as follows:
Front Setbacks:
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Eighteen (18) foot minimum from the property line
to the garage face
Fifteen (15) foot minimum from the property line to
the habitable portion of the house
Sideyard Setbacks:
Five (5) foot minimum from the property line
Street Sideyard Setbacks: Ten (10) foot minimum from the property line.
Rear Yard Setbacks:
Twelve (12) foot minimum from the property line
Accessory Structures:
Five (5) foot minimum from the property line
B. Exceptions to the Setback requirements are as follows:
Architectural projections (such as eves, columns, balconies, awnings, steps, and
fireplaces) may encroach up to a maximum of two (2) feet into a required front, rear, or
side yard setback and decks may encroach a maximum of five (5) feet into a required
rear yard setback,
C. Buildinl; Height Restrictions:
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Buildings are to be limited to a maximum of two (2) stories and a height of
thirty (30) feet measured at the topmost point of the structure, This height limitation
shall not apply to chimneys,
Accessory structures are limited to a maximum height of fifteen (15) feet.
D. Parking:
The number of parking spaces required for each single family detached house
shall be two (2) garage spaces and two (2) spaces in the driveway apron.
2. PD Multi-Family Residential
Permitted Uses: The following principal uses are permitted in the PD Multi-Family
Residential district:
A. Residential development limited to:
I, Multifamily Townhouse units
2, Multifamily Condominium units
Prohibited Structures: Accessory Structures are not permitted except for common area
facilities such as pool equipment, restroom buildings, trash enclosures, and similar
structures,
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Prohibited Uses: The following uses are prohibited in the PD Multi-Family Residential
district:
1. Field Crops
2. Orchards
3. Plant Nurseries
4. Greenhouses used only for cultivation of plant materials for sale
5. Hospital
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Conditional Uses: All conditional uses in the R-3 District are conditional uses in the PD
Multi-Family Residential district with the exception of prohibited uses listed above.
Development Standards: Development standards within the PD Multi-Family district
are as follows.
SETBACKS AND YARDS
A. Minimum Multi-Family Setbacks: The minimum setbacks for multi-family
attached houses and accessory structures shall be as follows:
Front Setbacks:
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Sideyard Setbacks:
Rear Yard Setbacks:
Accessory Structures:
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Ten (l0) foot minimum from the public street right-
of way to the garage face
Ten (l0) foot minimum from the public street right-
of way to the habitable portion of the house
Four (4) foot minimum from the public street right-of
way to the porch face
Zero (0) foot minimum from common area parcel
lines
Fifteen (IS) foot minimum from adjacent buildings
Five (5) foot minimum from the public street right-of
way
Zero (0) foot minimum from common area parcel
lin es
Fifteen (IS) foot minimum from adjacent buildings
Twelve (I2) foot miqimum from the public street
right-of way
Zero (0) foot minimum from common area parcel
lines
Thirty (30) foot minimum from garage face to garage
face
Five (5) foot minimum from the public street right-of
way when permitted
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B. Exceptions to the Setback requirements are as follows:
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Architectural projections (such as eves, columns, balconies, awnings, steps, and
fireplaces) may encroach up to a maximum of two (2) feet into a required front, rear, or
side yard setback and decks may encroach a maximum of five (5) feet into a required
rear yard setback.
C. Building Hei~ht Restrictions:
Btiildings are to be limited to a maximum of two (2) habitable stories and
underground garage, and a height ofthirty~five (35) feet measured at the topmost point
of the structure. This height limitation shall not apply to chimneys.
D. Parkin~:
The number of parking spaces required for each multi~family detached house
shall be two (2) garage spaces. Fifty-one (5 I) guest parking spaces shall be provided as
shown in Exhibit A.
PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL:
Unless stated othelWise. all Conditions of Approval shall be complied with prior to final occupancy of any
buildin~. and shall be subiect to Plannin~ Department review and approval. The followin~ codes ;eprese~t
those departments/a~encies responsibl~ for monitorin~ compliance of the Conditions of Approval. rPL]
Plannin~. rBl Buildin~. [Pal Police. rpW] Public Works. rADM] Administration/City Attorney. [FIN]
Finance. [Fl Dou~herty Rerdonal Fire Authority. rDSR] Dublin San Ramon Services District. [CO]
Alameda County Flood Control & Water Conservation District (Zone 7).
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I. The.Land Use and Development Plan is conceptual in nature. No formal amendment of this PD
Rezone will be required as long as the materials submitted for the Tentative Map and Site
Development Review are in substantial conformance with this PD Rezone and the Eastern Dublin
Specific Plan. The Community Development Director shall determine conformance or non~
conformance and appropriate processing procedures for modifying this PD Rezone (Le. staff
approval, Planning Commission approval of Conditional Use Permit, or City Council approval of
new PD Rezone). Major modifications, or revisions not found to be in substantial conformance
with this PD Rezone shall require a new PD Rezone. A subsequent PD rezone may address all or
a portion of the area covered by this PD Rezone. [PL]
2. Additions to residences in this project are prohibited. [PL]
3. The applicant shall comply with all applicable grading guidelines as indicated on page 103 of the
Eastern Dublin Specific Plan. [PW, PL]
4. All project construction shall conform to all building codes and ordinances in effect at the time of
building permit. [B]
5.
The applicant shall comply with all Eastern Dublin Specific Plan EIR mitigation measures for
mitigating potentially significant plant and animal species impacts (e.g. Applicant shall submit a
preconstruction survey prepared within 60 days prior to any habitat modification to verify the
presence of sensitive species. A biologist shall prepare the survey and shall be subject to the
Planning Department review and approval). Any updated surveys and/or studies that may be
completed by a biologist prior to Tentative Map application submittal shall be submitted with the
Tentative Map application. (222, 230) [PL]
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Applicant shall comply with all DRF A fire standards, including minimum standards for
emergency access roads and payment of applicable fees, including a Fire Capital Impact Fee. (74,
77)[F]
7. The location and siting of project specific wastewater, stonn drain, recycled water, and potable
water system infrastructure shall be consistent with the resource management policies of the
Eastern Dublin Specific Plan. (39, 40)[PL, PW]
8. Any proposed modifications or alterations to Tassajara Creek shall be approved by the City of
Dublin and any requ'ired pennitting agencies and shall be consistent with the policies of Eastern
Dublin Specific Plan and FEIR the Eastern Dublin Comprehensive Stream Restoration Program
and the Master Drainage Plan. (41 )[PW, PL]
9. The garbage service provider shall be consulted to ensure that adequate space is provided to
accommodate collection and sorting ofpetrucible solid waste as well as source-separated
recyclable materials generated by the residents within this project. (279)[PL]
10. The'applicant shall comply with the City's solid waste management and recycling requirements.
[ADM]
II. The use of rodenticides and herbicides within the project area will be restricted to the satisfaction
of the Community Development Director to reduce potential impacts to wildlife. A written
statement from the developer shall be submitted to the Community Development Director to that
effect prior to issuance of the Grading Penn it. (221 )[PL]
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12.
The applicant shall comply with the City's solid waste management and recycling requirements.
(103,279)[ADM]
13. The applicant shall comply with all applicable action programs and mitigation measures ofthe
Eastern Dublin General Plan Amendment/Specific Plan and companion Final Environmental
Impact Report (FEIR), respectively, that have not been made specific Conditions of Approval of
this PD Rezone. [PL]
PASSED, APPROVED AND ADOPTED this 28th day of May, 1996.
AYES:
NOES:
ABSENT:
Mayor
A TrEST:
City Clerk
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ORDINANCE NO. -96
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT .
THE REZONING OF PROPERTY LOCATED NORTH OF DUBLIN BOULEVARD, WEST OF
TASSAJARA CREEK, SOUTH OF THE TRANSIT SPINE AND EAST OF AN UNNAMED
COLLECTOR STREET (APN 946-15- I - I O(POR))
The City Council of the City of Dublin does ordain as follows:
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Section I
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Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner:
Approximately 35.4 gross acres generally located north of Dublin Boulevard, west of Tassajara
Creek, south of the Transit Spine, and east ofan unnamed collector street, more specifically described as
Assessor's Parcel Number 946~ I 5- I - I 0 (por), are hereby rezoned from Planned Development Business
Park Industrial to 26.8 gross acres zoned Planned Development Single Family Residential District (154
dwelling units at 5.75 dwelling units per acre) fronting on Dublin Boulevard, and to 8.6 gross acres zoned
Planned Development Medium-High Density Residential District (123 dwelling units at 14.3 dwelling units
per acre) fronting on the Transit Spine and the unnamed collector street; and PA 95-048, California
Creekside, as shown and described op Exhibit A (Rezone Application), and Exhibit E (Resolution
Approving and Establishing Findings, General Provisions and Conditions of Approval), on file with the
City of Dublin Department of Community Development, and hereby adopted as the regulations for the
future use, improvement, and maintenance of the property within this District.
A map of the rezoning area is outlined below:
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Extended PlannlT1t A.....
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EXHIBIT S
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Section 2
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This ordinance shall take effect and be enforced thirty (30) days from and after its passage.
Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the
Councilmembers voting for and against same, in a local newspaper published in Alameda County and
available in the City of Dublin.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 28th day of May,
1996, by the following votes:
AYES:
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NOES:
ABSENT:
ABSTAIN :
Mayor
A ITEST:
City Clerk
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ORDINANCE NO. -96
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AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR PA 95-048, CALIFORNIA CREEKSIDE
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section I. RBCIT ALS
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A. The proposed California Creekside Planned Development (PA 95-048) ("project") is
located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is
designated on the General Plan Land Use Element Map as "Low Density Residential", "Medium Density
Residential", and "Medium-High Density Residential" and in an area which is designated on the Specific
Plan as "Single Family Residential", "Medium Density Residential", and "Medium-High Density
Residential".
B. A Program Environmental Impact Report ("EIR") was prepared for the Specific Plan and
the Eastern Dublin General Plan Amendment and certified by the City Council by Resolution No. 51-93.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. Kaufman and Broad of Northern California and the Surplus Property Authority of the
County of Alameda have filed an application requesting approval of a development agreement for the
California Creekside project.
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E. A Development Agreement between the City of Dublin, Kaufman and Broad of Northern
California, and the Surplus Property Authority of the County of Alameda ("Development Agreement") has
been presented to the City Council, a copy of which is attached hereto as Attachment 1.
F. A public hearing on the Proposed Development Agreement was held before the Planning
commission on April 16, 1996, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement, which recommendation includes the Planning Commission's
detenninations with respect to the matters set forth in Section 8.12.080 of the Dublin Municipal Code.
H. A number of minor modifications to the Development Agreement have been made since
the Planning Commission made its recommendation, which modifications the Council finds need not be
referred back to the Planning Commission.
I. A public hearing on the proposed Development Agreement was held before the City
Council on May 14, 1996, for which public notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning commission
(Planning Commission Resolution 96-10), 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. .
K. Pursuant to the California Environmental Quality Act, an analysis by staff found that the
project is exempt according to Section 15182 of the State CEQA Guidelines. That analysis showed that the
proposed residential project is within the scope of the Final Environmental Impact Report (FEIR) for the
Eastern Dublin General Plan Amendment which was certified by the City Council by Resolution No. 51-
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EXHIBIT C
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93, and the Addenda dated May 4, 1993, and August 22, 1994. The analysis indicated that no new effects
could occur and no new mitigation measures would be required for the California Creekside project that
were not addressed in the FEIR. Further, that analysis found that the project is in confonnity with the
Eastern Dublin Specific Plan.
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) tbe Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the EIR,
(f) the Agenda Statement, and'on the basis of the specific conclusions set forth below, the City Council
finds and detennines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin
General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
designations for the site are "Low Density Residential", "Single Family Residential", "Medium Density
Residential", and "Medium-High Density Residential", and the project is a residential development
consistent with the "Low Density Residential", "Single Family Residential", "Medium Density
Residential", and "Medium-High Density Residential" designations, (b) the project is consistent with the
fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public
services, and' (c) the Development Agreement includes provisions relating to financing, construction and
maintenance of public facilities, reimbursement for oversizing infrastructure and similar provisions set
forth in the Specific Plan.
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2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is located in that the project
approvals include a Planned Development Rezoning adopted specifically for the California Creekside
project.
3. The Development Agreement is in confonnity with public convenience, general welfare
and good land use policies in that the California Creekside project will implement land use guidelines set
forth in the Specific Plan and the General Plan which have planned for residential development at this
location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with the Mitigation Monitoring program for the
project prepared by Staff and will comply with all programs and policies of the Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the project wi\l be consistent with the General Plan
and with the Specific Plan.
Section 3. AFPROY AL
The City Council hereby approves the Development Agreement (Attachment I) and authorizes the
Mayor to sign it.
Section 4. RECORDATION
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Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk
shall submit the Agreement to the County Recorder for recordation.
Section 5, EFFECTIVE DATE AND POSTING OF ORDINANCE
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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, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 28th
day of May, 1996, by vote li$. follows:
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AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
A TrEST:
CITY CLERK
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Recording Requested by:
Ci tv of Dublin
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When Recorded Mail To:
City Clerk #"
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City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
THE SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA
AND
KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC.
For the East Dublin Residential Project
[California Creekside]
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May 28. 1996
ATTACHMENT I
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THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this day of _, 1996, by and between the CITY OF DUBLIN, a
Municipal Corporation (hereafter "City"), SURPLUS PROPERTY AUTHORITY OF
THE COUNTY OF ALAMEDA, a Public Corporation (hereafter "COUNTY"), and
KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC., a California
corporation (hereafter "Developer"), pursuant to the authority of ~~ 65864 et seq. of
the California Governry{~ht Code and Dublin Municipal Code, Chapter 8.12.
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RECITALS
A. California Government Code ss 65864 et seq. and Chapter 8.12 of
the Dublin Municipal Code (hereafter "Chapter 8.12") authorize the CITY to enter
into an Agreement for the development of real property 'with any person having a
legal or equitable interest in such property in order to establish certain development
rights in such property; and
B. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
C. The Eastern Dublin Specific Plan requires DEVELOPER to enter .
into a development agreement; and
D. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately 35.4 acres of land, located in the City of
-. Dublin, ,County of Alameda, State of Califonlia, which 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
E. COUNTY is the owner of real property in the City consisting of
approximately 620 acres, which includes the Property described in Exhibit A;
F. DEVELOPER proposes the development of the Property with 154
single-family detached homes and 123 townhomes; (the "Project"); and
G. DEVELOPER has applied for, and CITY has approved, various land
use approvals in connection with the development of the Project, including a PD
District rezoning and Land Use and Development Plan (Ord. No. _), tentative
map (Res. No._), site development review, (Res. No. _)] (collectively, together
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May 28. ] 996
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"ith any approvals or permits now or hereafter issued with respect to the Project, the
"Project Approvals"); and
H. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals, which, if granted, shall automat~cally become
part of the Project Approvals as each such approval becomes effective; and
1. CITY'desires the timely, efficient, orderly and proper development
of said Project; and
J. The Master Development Agreement approved by CITY Resolution
No. 144~95 was used as the format for negotiating this Agreement; and
K. The City Council has found that, among other things, this
Development Agreement is consistent vvith its General Plan and the Eastern Dublin
Specific Plan and has been revie\ved and evaluated in accordance ,'Vith Chapter 8.12;
and
L. CITY, COUNTY and DEVELOPER have reached agreement and
desire to e},.'Press herein a Development Agreement that will facilitate development of
.. the Project subject to conditions set forth herein; and
M. Pursuant to the California Environmental Quality Act (CEQA) the
City has found, pursuant to CEQA Guidelines section 15182, that the Project is
,,,rithin the scope of the Final Environmental Impact Report for the Eastern Dublin
General Plan Amendment and Specif~c Plan which was certified by the Council by
Resolution No. 51-93, and the Addenda dated May 4, 1993 and August 22, 1994
(the "EIR") and found that the EIR was adequate for this Agreement; and
N. On [date], the City Council of the City of Dublin adopted
Ordinance No,_ approving this Development Agreement. The ordinance took
effect on [date].
NOW, THEREFORE, ,\rith reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein contained,
CITY, COUNTY and DEVELOPER agree as follows:
.
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May 28. 1996
, AGREEMENT
.
1. Description of Property.
The Property \vhich is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. IntereSt-of Developer.
The DEVELOPER has a legal or equitable interest in the Property in
that it has a contract or option to purchase the Property from COUNTY in fee
simple. DEVELOPER shall have no obligation hereunder unless and until it
purchases the Property and takes title to the Property or any portion thereof.
3. Relationship of City. County and Developer.
It is understood that this Agreement is a contract that has been
negotiated and voluntarily entered into by CITY, COUNTY and DEVELOPER and
that neither the COUNTY nor DEVELOPER is an agent of CITY. CITY, COUNTY
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 CITY,
COUNTY and/or DEVELOPER joint venturers or panners.
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4. Effective Date and Term.
."
4.1 Effective Date. The effective date of this Agreement shall
be the date upon which this Agreement is recorded in the Office of the Alameda
County Recorder.
4.2 Tenn. The term of this Development Agreement shall
commence on the effective date and extend five (5) years thereafter, unless said tem1
is otherwise tenninated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
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May 28, 1996
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5.1 Right 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.tf'eservation or dedication of land for public purposes and
location and maintenance of on-site and off-site improvements, location of public
utilities 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 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.)
Not Applicable
5.3.2 Mitif:ation Conditions. Additional or modified
conditions agreed upon by the parties in order to e~iminate or
mitigate adverse environmental impacts of the Project or otherwi.se
relating to development of the Project.
See Exhibit B
5.3.3 Phasing. Timing. 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
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May 28. ) 996
5.3.4 Financinr Plan. financial plans \vhich identify
necessary capital improvements such as streets and utilities and
sources of funding.
See Exhibit B
.
5.3.5 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
, >. See Exhibit B
5.3.6 Fees. Dedications. Terms relating to payment of
fees or dedication of property.
See Exhibit B
5.3.7. Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules. Regulations and Official Policies.
6.1 Rules re Permitted Uses. for the term of this Agreement,
the City's ordinances, resolutions, lules, 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 proposed buildings shall be those in force .,'
and effect on the effective date of this Agreement.
6.2 Rules re Design and Construction. Unless otherwise
eA-pressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions,
rules, regulations and official policjes governing design, improvement and
construction standards and specifications applicable to the Project shall be those in
force and effect at the time of the applicable discretionary Project Approval.
Ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards and specifications applicable to public
improvements to be constructed by DEVELOPER shall be those in force and effect at
the time of the applicable permit approval.
6.3 Unifonn Codes Applicable. Unless eA'}Jressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance with
the provisions of the California Building Codes (Building, Mechanical, Plumbing, and
Electrical) and Title 24 of the California 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.
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May 28. 1996
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7.
Subsequently Enacted Rules and Regulations.
7.1 New Rules and ReVllations. 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 ,lIIith
those applicable to the Property as set forth in this Agreement if the application of
such new or modified onifnances, resolutions, rules, regulations or official policies
would not prevent or materially delay development of the Property as contemplated
by this Agreement and the Project Approvals.
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, temlS, 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 othervvise, that
imposes a building moratorium 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 S 8558.
8. Subsequently Enacted or Revised Fees. Assessments and Taxes.
8.1 Fees. Exactions. Dedications. CITY and DEVELOPER
agree that the fees payable and exactions required in connection with the
development of the Project for purposes of mitigating environmental and other
impacts of the Project, providing infrastructure for the Project and complying with
the Specific Plan shall be those set forth in PD Ordinance Number , TM Res.
No. , SDR Res. No. , and in this Agreement'. CITY shall not impose or
require payment of any other fees, dedications of land, or construction of any public
improvements or facilities, in connection vvith any subsequent discretionary approval
for the Property, except as set forth in those approvals and this Agreement.
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May 28,1996
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; and (3) the application of
such fees would not prevent development in accordance with this Agreement.
8.3 New Taxes. Any subsequently enacted city-wide taxes
shall apply to the Projectiprovided that: (I) 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.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal
Lav,rs. In the event that state or federal laws or regulations enacted after the effective
dfateh?fAthis Agreement pr~venht or pre.cludle compliance with .one or mol' de bProVlh'SiOCI:S .
otIS greement or reqUIre c anges 111 pans, maps or permIts approve y t e Ity,
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 vvitD Chapter 8.12.
9.2 Amendment by Mutual Consent. This Agreement may be
amended in '\vriting from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Dublin Ordinance No. 8-91.
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
reservation or dedication of land as provided in Exhibit B; (d) conditions, tenns,
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
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May 28,1996
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not, except to the extent othenvise 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.
9.4 Amendment of Project 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 discretio:R"alY 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. 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 by Mutual Consent. Except as othervvise
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 vvith the
provisions of Chapter 8.12. Any fees paid pursuant to Paragraph 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by CITY.
10. Term of Project Approvals.
Pursuant to California Government Code Section 66452.6(a), the
term of the tentative map described in Recital G above shall automatically be
eA'tended for the ten11 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 June 1,1997, and each June 1, thereafter.
11.2 Initiation of Review. The CITY's Community
Development Director shall initiate the annual review, as required under
Section 8.12.140 of Chapter 8.12, by giving to DEVELOPER thirty (30) days'
wl;tten 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 detelmined necessary by the Community
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May 28,1996
Development Director, to demonstrate good faith compliance with the provisions of ..
the Development Agreement for the purposes stated in Government Code Section
65865.1. The burden of 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 COUNTY and DEVELOPER a copy of all staff reports, and
related exhibits concernIng contract performance at least three (3) days prior to any
annual review.
11.4 Costs. Costs reasonably incurred by CITY in connection
with the annual review shall be paid by DEVELOPER in accordance 'with the City's
schedule of fees in effect at the time of revie'iv.
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, eA"}>ressly 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 P.~rty
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 pany begins to cure such default \vithin such thirty
(30) day period and diligently pursues such cure to completion. Failure to give notice
shall not constitute a waiver of anv default.
12.3 No Damages Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this
Agreement.
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May 28, 1996
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13. Estoppel Certificate.
Any party may, at any time, and from time to time, request written
notice from the other party requesting such pany to certify in writing that, to the
knowledge of the certifying party, (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) the requesting party is not in default in the performance of its obligations
under this Agreement, or if in default, to describe therein the nature and amount of
any such defaults. A party receiving a request hereunder shall execute and return
such certificate within thirty (30) days following the receipt thereof, or such longer
period as may reasonably be agreed to by the parties. City Manager of City shall be
authorized to execute any certificate requested by COUNTI or DEVELOPER upon
payment of CITY's costs. Failure to execute an estoppel certificate shall not be
deemed a default.
14. Mortgagee Protection: Certain Rights of Cure.
14.1 Mortgagee 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
"alue, 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, tlustee's sale, deed in lieu of foreclosure, or otherwise.
14.2 Mortgagee Not Obligated. Notwithstanding the provisions
of Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement to construct or complete the construction of improvements, or to
guarantee such construction of improvements, or to guarantee such construction or
completion; 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 Mortgagee and Extension of Right to
Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of
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May 28, ) 996
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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 CITYs
notice. CITY, through its City Manager, may extend the thirty-day cure period
provided in paragraph 1~2 for not more than an additional sixty (60) days upon
request of DEVELOPER or a Mortgagee.
.
15. Severability.
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. Attorneys' Fees and Costs.
If CITY, COUNTY or DEVELOPER initiates any action at law or in
equity to enforce or interpret the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs in .
addition to any other relief to which it may otherwise be entitled. If any person or
entity not a party to this Agreement initiates an action at law or in equity to
challenge the validity of any provision of this Agreement or the Project Approvals, the
parties shall cooperate in defending such action. DEVELOPER shall bear its own
costs of defense as a real party in interest in any such action, and shall reimburse
CITY for all reasonable court costs and attorneys' fees e..'pended by CITY in defense
of any such action or other proceeding.
17. Transfers and Assignments.
17.1 Right to Assign. DEVELOPER'S rights hereunder may be
transfened, sold or assigned in conjunction with the transfer, sale, or assignment of
all or a portion of the Property subject hereto at any time during the term of this
Agreement, provided that no transfer, sale or assignment of DEVELOPER's rights
hereunder shall occur without the prior 'written notice to CITY and approval by the
City Council, which approval shall not be unreasonably withheld or delayed. The
City Council shall consider the matter within 30 days after DEVELOPER's notice.
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May 28. 1996
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17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of DEVELOPER's rights and interests hereunder pursuant to the
preceding subparagraph of this Agreement, DEVELOPER shall be released from the
obligations under this Agreement, with respect to the Property transferred, sold, or
assigned, arising subsequent to the date of City Council approval of such transfer,
sale, or assignment; provided, however, that if any transferee, purchaser, or assignee
approved by the City Council expressly assumes the obligations of DEVELOPER
under this Agreement, Df.VELOPER shall be released v.rith respect to all such
assumed obligations. In any event, the transferee, purchaser, or assignee shall be
subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Council approval.
17.3 Termination of Agreement Upon Sale of Individual Lots to
Public. Notwithstanding any provisions of this Agreement to the contralY, the
burdens of this Agreement shall terminate as to any lot ,vhich 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
temlinate as to such lot.
18. Agreement Runs with the Land.
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
lunning 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 '\-vith 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 O,^'ller during its ovvnership 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.
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May 28. 1996
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19, Bankruptcy,
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The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20, Indemnification,
DEVEL(')PER and COUNTY each 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 may arise directly or in directly as a result of any actions or ir,actions
by the DeVELOPER or COUNTY, respectively, or any action or inactions of
DEV:CLOPER's, thcir rcspective contractors, the indemnifying party's OH171 actions or
inactions, or a1!Y action or inactions under the indemnifying party's contracts Jvith contractors or
actions or inactions b)7 its subcontractors, agents, or employees in connection with the
construction, improvement, operation, or maintenance of the Project. Nothing in
this paragraph shall be construed to mean that DEVELOPER or COUNTY shall
defend, indemnify or hold CITY or its elected and appointed councils, boards,
commissions, officers, agents and employees and representatives harmless from any
claims of personal injury, death or property damage arising from or alleged to have e:
alisen from, the maintenance or repair by CITY of improvements that have been
offered for dedication and accepted by CITY for maintenance, or from negligence or
willful misconduct by CITY, its officers, emplqyees or agents in connection with CITY's
obligations pursuant to this Agreement.
21. Insurance.
21.1 Public Liability and Property Damage 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) and a deductible of not more than
ten thousand dollars ($10,000) 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
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May 28, 1996
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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
anv such insurance.
,
21.3 Evidence of Insurance. Prior to City Council approval of
this Agreement, DEVELOPER shall furnish CITY satisfactOlY evidence of the
insurance required in Sed:.ions 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 and each contractor and subcontractor performing work on the
Proj ecL
22. Sewer and Water
DEVELOPER acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") ,vhich is another
public agency not within the control of CITY.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by certified mail, postage prepaid. Notices
required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to COUNTY shall be addressed as follows:
County Administrator
County of Alameda
1221 Oak Street, Room 555
Alameda, CA 94612
and
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May 28, 1996
Patrick Cashman .
Project Director
SURPLUS PROPERTY AUTHORlTY OF ALAMEDA COUNTY
225 W. Winton Avenue, Room 151
Hayward, California 9454
and
Adolp~ Martinelli
Directolof Planning
County of Alameda
399 Elmhurst Street
Hayward, CA 94544
Notices required to be given to DEVELOPER shall be addressed as follows:
Kaufman and Broad of Northern California, Inc.
Attn: Matthew Koart, Vice President
3130 Crow Canyon Place, Suite 300
San Ramon, CA 94583
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
e:>"'Piration of 48 hours after being deposited in the United States Mail.
.
25. Agreement is Entire Understanding.
of the parties.
This Agreement constitutes the entire understanding and agreement
26. Exhibits. The follmving documents are referred to in this Agreement
and are attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
Exhibit C Offsite Street Improvements
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May 28,1996
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27. Counterparts. This Agreement is executed in 3 duplicate originals,
each of which is deemed to be an original.
28. Recordation. CITY shall record a copy of this Agreement within ten
days follmving execution by all parties.
29. Meani11{ of "DEVELOPER" and/or "COUNTY"
DEVELOPER and COUNTY vvill provide CITY vvith memorandum
signed by both parties specifying which party will be obligated to perform the
obligations herein. This memorandum will be provided prior to issuance of the first
grading permit for the Project, and will be incorporated into this Agreement at such
time.
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May 28, 1996
IN \VITNESS WHEREOF, the parties hereto have caused this Agreement .
to be executed as of the date and vear first above 'written.
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CITY OF DUBLIN:
By:
Mayor
Date:
.~
SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA
Bv:
,;
Date:
Its:
KAUFMAN & BROAD OF NORTHERN CALIFORNIA, INC.:
Bv:
Date:
e:
Name:
Its:
APPROVED AS TO FORM:
Date:
City Attorney
Date:
County Counsel
EHS:rja
J :\\VPD\MNRSW\l 14\AGREE\DEVK&B,RED
(NOTARIZATION ATTACHED)
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May 28. 1996
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e
EXHIBIT A
Description of the Property
[INSERT LEGAL DESCRIPTION]
.,.
e:'
e
State of California
) ss.
County of Alameda
. .
.#
On
before me, a Notary Public,
personally appeared
personally lG10W11 to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) ,,,,hose name(s) is/are subscribed to the vvithin instrument and
acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instlument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
J:\ WPD\MNRSW\114\AGREE\DEVK&B.RED
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EXIDBIT "A"
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 AS SAID PARCEL
IS DESCRIBED IN THE DEED RECORDED JULY 11,1969 IN REAL 2439 AT IMAGE 213,
ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA.
. .
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COMMENCING AT THE SOlITHERL Y CORNER OF SAID PARCEL 1; THENCE ALONG TIlE
WESTERLY BOUNDARY LINE OF SAID PARCEL 1 NORTH 01 023' 35" EAST 2416.76 FEET;
THENCE LEAVING SAID "WESTERLY LINE NORTH 88036' 25" WEST 2386.95 FEET TO TIffi
POINT OF BEGINNING; THENCE SOUTH 88048' 30" EAST 1448.20 FEET TO A POINT OF
CURVATURE; TIffiNCE ALONG A NON-TANGENT CURVE TO TIlE LEFT WHOSE RADIUS
BEARS NORTII 89054'01" EAST 725.00 FEET, THROUGH CENTRAL ANGLE OF 18021' 22"
AN ARC LENGTII OF 232.27 FEET; THENCE SOUTH 18027' 21" EAST 68.66 FEET; THENCE
SOUTH 40044' 45" WEST 8.48 FEET; THENCE SOUTH 13027' 46" EAST 80.03 FEET; THENCE
SOUTH 31038' 50" EAST 78.50 FEET TO A POlNT OF CURVATURE; THENCE ALONG A
NON-T..<\NGENT CURVE TO THE LEFT WHOSE RJillIUS BEARS NORTH 65002' 48" EAST
570.00 FEET; THROUGH A CENTRAL ANGLE OF 07004' 12" AN ARC LENGTH OF 70.34
FEET; THENCE SOUTH 21033' 36" EAST 11.88 FEET; THENCE SOUTH 35029' 13" EAST
81.16 FEET; THENCE SOUTH 88034' 31" EAST 15.46 FEET; THENCE SOUTH 2r36' 12"
EAST 86.24 FEET; THENCE SOUTH 40036' 31" EAST 30.91 FEET; THENCE SOUTH 13 001'
46" EAST 74.99 FEET; THENCE SOUTH 42013' 44" WEST 15.48 FEET TO A POINT OF
CURVATURE; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT WHOSE
RADIUS BEARS SOUTH 42013' 44" WEST 58.00 FEET, THROUGH A CENTRAL ANGLE OF
83055' 34" AN ARC LENGTH OF 84.96 FEET; THENCE SOUTH 53050' 42" EAST 17.98 FEET;
THENCE SOUTII 02001' 04" EAST 84.13 FEET; THENCE SOUTII 14012'31" WEST 4.12 FEET
TO A POINT OF CURVATURE; THENCE ALONG A NON-TANGENT CURVE TO THE
RIGHT WHOSE RADIUS BEARS NORTH 02052'59" EAST 2411.24 FEET, THROUGH A
CENTRAL ANGLE OF 15006' 29" AN MC LENGTH OF 635.81 FEET TO A POINT OF
CURVATURE; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT WHOSE
R.WIUS BEARS NORTH 07055' 42" WEST 44.00 FEET, THROUGH A CENTRAL ANGLE OF
40046' 05" AN ARC LENGTH OF 31.31 FEET TO A POINT OF CURVATURE; THENCE
i\LONG A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS BEARS SOUTH 15021'
14" WEST 2588.24 FEET, THROUGH A CENTRAL ANGLE OF 05032' 18" AN ARC LENGTH
OF 250.18 FEET; THENCE NORTH 09048' 56" EAST 3.00 FEET TO A POINT OF
CURV A TORE; THENCE ALONG A NON-TANGENT CURVE TO TIffi LEFT WHOSE RADIUS
BEARS SOUTH 09048' 56" '"VEST 2591.24 FEET, THROUGH A CENTRAL ANGLE OF 08005'
22" .AN ARC LENGTH OF 365.85 FEET; THENCE NORTH 88016' 26" WEST 498.85 FEET;
THENCE NORTH 010 II' 30" EAST 743.63 FEET TO THE POINT OF BEGINNlNG.
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EXHIBIT B
Additional Conditions
The follm,ving Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 h Subsequent Discretionary Approvals
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None.
Subparagraph 5.3.2 -- Mitigation Conditions
Subsection a.
Infrastructure Sequencing Program
The Infrastructure Sequencing Program for the Project is set forth below.
Offsite improvements are depicted in Exhibit C.
(i) Roads:
The following improvements shall be constructed by DEVELOPER prior
to final inspection for the first building permit for the Project.
Certain of the improvements are required for the Project. Other
improvements which are not required by the Project (hereafter "Oversized
Improvements") shall be constructed by DEVELOPER and/or COUNTY as provided
below. COUNTY shall be entitled to credits for the Oversized Improvements, as.set
fonh below.
A. Project Specific Improvements
Prior to final inspection for the first building permit for the
Project, the project-specific roadway improvements (and offers of dedication)
identified in the Traffic Study for the California Creekside Proposed Residential
Development, dated FebrualY 1996 prepared for Kaufman & Broad by TJKM
Transportation Consultants shall be completed by DEVELOPER.
May 28, 1996
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B.
Dublin Boulevard between West and East Edges of Project:
Dublin Boulevard is currently a two lane roadv.ray lying along the
south boundary of the Property. The ultimate north half of the street shall be
constructed by DEVELOPER and/or COUNTY along the Project boundary,
consisting generally of three 12' travel lanes, one 8' bike lane, a 24' ,vide landscaped
median island (with curps) and a minimum 30' wide setback area which shall include
curb, gutter, a 12' vvide .t.'f'ail and landscaping. Transitions shall be provided at the
west and east ends of the project from the new roadway section to existing Dublin
Boulevard. Two of the 12' travel lanes and the median improvements are Oversized
Improvements for which COUNTY shall receive a credit pursuant to in Subparagraph
5.3.5.
C. Transit Spine
The Transit Spine is a new street that is planned to ultimately
extend from Hacienda Drive east to Tassajara Road. The following portions of the
Transit Spine shall be constructed by DEVELOPER and/or COUNTY:
Along the north boundary of the Project, the south half of the
Transit Spine shall be constructed to include a 14' travel lane, 6' bike lane, and 8'
parking lane. The north half of the Transit Spine shall be constructed to include a
20' travel lane. A 30' landscaped median island (with curbs) shall be constructed
along the centerline of the right of way. The south half improvements shall include
curb, gutter, landscaping and sidewalk. The north half improvements shall include
headerboard and earth drainage ditch. COUNTY shall receive credit for dedication
of 38' of right.of-way, 16' of road improvements and 14' of landscaped median (as
shov.'l1 on Exhibit C) pursuant to Subparagraph 5.3.5.
D. Collector Street
A collector street shall be constructed with the Project along the
west boundary of the Project between Dublin Boulevard and the Transit Spine. The
collector street shall generally include a paved area 40' from face of curb (east side) to
face of headerboard (west side), vvith sidewalk, landscaping and curb and gutter on
the east side of the street and headerboard and earth drainage ditch on the west side
of the street.
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May 28, 1996
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E.
Tassajara Road from Dublin Boulevard to Iw580
.
The COUNTY shall widen Tassajara Road from Dublin
Boulevard to 1-580 to four lanes at the time average daily traffic (ADT) on this
segment of Tassajara Road exceeds 15,000 vehicles unless Tassajara Road has already
been widened by another Eastern Dublin developer. If constlucted by COUNTY,
COUNTY shall receive c:redit against the Traffic Impact Fee for Eastern Dublin
("Traffic Impact Fee") fot"the foregoing improvements pursuant to Subparagraph
5.3.5.
F. Traffic Signals -- Tassajara Road and Dublin
Boulevard
The DEVELOPER and/or COUNTY shall install traffic signals at
the intersection of Tassajara Road and Dublin Boulevard together ,vith left-turn lane
unless the signals have already been installed by the developer of the Tri-Valley
Crossings Project/Santa Rita Commercial Center (PA 95-013 [TM], PA 95-026
[SDR] and PA 96-026 [SDR] [''Tri-Valley Crossings Project"].). If constructed by
DEVELOPER, COUNTY shall receive credit against the Traffic Impact Fee for the
foregoing improvements pursuant to Subparagraph 5.3.5.
G. Traffic Signals -- Dublin Boulevard and Hacienda
Drive
.'.
The DEVELOPER and/or COUNTY shall install traffic signals at
the intersection of Hacienda Drive and Dublin Boulevard together -'ivith a left turn
lane unless the signals have already been installed by the developer of the Tri-Valley
Crossings Project. If constructed as part of this Project, COUNTY shall receive credit
against the Traffic Impact Fee for the foregoing improvements pursuant to
Subparagraph 5.3.5.
H. Dublin Boulevard West of the Project
The DEVELOPER and/or COUNTY shall widen existing Dublin
Boulevard or extend the new alignment for Dublin Boulevard from the BART easterly
access road to Hacienda Drive (at Dublin Boulevard adjacent to the Tri-Valley
Crossings Project) to four lanes if the Project begins constnlCtion after the Tri-Valley
Crossings Project (or any phase of it) and the Dublin Ranch Phase I Project (PA 95-
030) have been constructed. If constructed as part of this Project, COUNTY shall
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May 28, 1996
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receive credit against the Traffic Impact Fee for the foregoing improvements pursuant
to Subparagraph 5.3.5.
1. Traffic Signals at Project's Two Main Entrances
The DEVELOPER and/or COUNTY shall install traffic signals at
the two main access roa~s into the Project from Dublin Boulevard opposite the Tri~
Valley Crossings Project'~"entrances to accommodate the traffic to the Project. The
traffic signal at the Collector Street shall be constructed at the ultimate location on the
Collector Street to accommodate twelve (12) feet of widening to the west.
(ii) Sewer
The Dublin San Ramon Services District has prepared a report ("Eastern
Dublin Facilities Plan Final Report" dated December, 1993, prepared by G. S.
Dodson & Associates [the "DSRSD Report"]) which determines the sizes and
approximate locations of pipelines to provide potable water facilities, wastewater
collection facilities and recycled water facilities within the Eastern Dublin area at
ultimate buildout. All references hereinafter to the DSRSD Report shall be to the
report as it is periodically updated and in effect at the time of the applicable
improvements and as such report is interpreted and applied by the Dublin San
Ramon Services District.
Prior to issuance of the first building permit for the Project, all sanitary
sewer improvements to serve all building sites in the Project (or any recorded phase
of the Project) shall be complete to the satisfaction and requirements of the Dublin
San Ramon Services District.
(iii) Water
Prior to c01l1bustible const!uction and/or storage of combustible
materials on site, sufficient water storage and pressure shall be available at the site to
the satisfaction and requirements of the Dougherty Regional Fire Authority.
Prior to issuance of the first building pennit for the Project, all potable
water system components to serve all building sites in the Project (or any recorded
phase of the Project) shall be complete and in vlOrking order to the satisfaction and
requirements of the Dublin San Ramon Services District.
IV
May 28, 1996
Prior to occupancy of any portion of the Project, recycled water lines .
shall be installed on site and within adjacent roadways to the satisfaction and
requirements of the Dublin San Ramon Services District consistent with the DSRSD
policy for recycled water and all recycled \vater connection fees shall be paid.
(iv) Storm Drainage
COUNTY'has retained a consultant (Brian Kangas Foulk) to prepare a
master drainage plan (the "Drainage Plan") showing the routes and sizes of major
storm drainage facilities for all of COUNTYs approximate 620 acres. All references
hereinafter to the Drainage Plan shall be to the plan as periodically updated and in
effect at the time of the applicable improvements and as such report is interpreted
and applied by CITY.
Prior to final inspection of the first building permit for the Project, the
storm drainage systems to the site as well as on site drainage systems to the areas to
be occupied shall be complete to the satisfaction and requirements of the Dublin
Public Works Department applying CITY's and Zone 7 (Alameda County Flood
Control and 'Vater Conservation District, Zone 7) standards and policies which are
in force and effect at the time of issuance of the permit for the proposed
improverndf ents and shaflll befconsisftfen~ withdthle DII rlainage Plan. The silte shall also be .
protecte rom storm ow rom 0 sIte an s la lave erosion contro measures in
place to protect downstream facilities and properties from erosion and unclean storm
water consistent with the Drainage Plan.
(v) Other Utilities (e.g. gas. electricity)
Construction shall be complete prior to final inspection of the first
building permit.
Subsection b.
Miscellaneous
(i) Completion May 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 \iVorks Director that assures completion, allow DEVELOPER to defer
completion of discrete portions of any of the above public improvements until after
final inspection of the first building permit for the Project if the Public Works
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May 28, 1996
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Director determines that to do so \".'ould not jeopardize the public health, safety or
welfare.
(ii) Improvement Agreement
Prior to constructing the Improvements described in Subparagraph
5.3.2(a) above, DEVELOPER shall submit plans and specifications to CITY's Public
\^i orks Director for revi'ct\r and approval and shall enter into an improvement
agreement "'lith CITY for construction and dedication of the public facilities. All
such improvements shall be constructed in accordance vvith City's standards and
policies which are in force and effect at the time of issuance of the permit for the
proposed improvements.
(iii) Bonds
Prior to execution of the Improvement Agreement, DEVELOPER and/or
COUNTY shall provide a performance bond and labor and materials bond or other
adequate security to insure that the Improvements described in Subparagraph 5.3.2
above will be constructed prior to final inspection of the first unit. The performance
bond or other security shall be in an amount equal to 100% of the engineer's estimate
of the cost to construct the improvements (including design, engineering,
administration, and inspection) and the labor and materials bond shall be in an
amount equal to 50% of the engineer's estimate. The bonds shall be vvritten by a
surety licensed to conduct business in the State of California and approved by CITY's
City Manager.
Subparagraph 5.3.3 -- Phasing. Timing
DEVELOPER and/or COUNTY intend to construct the Project in phases.
Each succeeding phase will be constructed to function in harmony v.rith the previous
phase(s).
With the exception of the road improvements described in Subparagraph
5.3.2(a)(i), this Agreement contains no requirements that DEVELOPER must initiate
or complete development of any phase v.r:ithin any period of time set by CITY. It is
the intention of this provision that DEVELOPER be able to develop the Property in
accordance v..ith its own time schedules.
VI
May 28, 1996
Subparagraph 5.3.4 -~ Financing Plan
.
Except as provided in Subparagraph 5.3.2(b)(i) (Completion May Be
Deferred), DEVELOPER will provide all infrastructure described in Subparagraph
5.3.2(a)(i) of this Agreement prior to final inspection of the first building permit for
the Project.
DEVELOPER an&6r COUNTY intends to install all street improvements
necessary for the Project at its own cost (subject to credits for any Oversized
Improvements as provided in Subparagraph 5.3.5 below).
Other infrastructure necessary to provide sewer, potable water, and recycled
,,,ater services to the Project vvill be made available by the Dublin San Ramon
Services District. COUNTY has entered into an "Area Wide Facilities Agreement"
,vith the Dublin San Ramon Services District to pay for the cost of extending such
services to the Project. Such services shall be provided as set forth in Subparagraph
5.3.2(a)(ii) and (Hi) above.
Subparagraph 5.3.5 -- Reimbursement
Subsection a.
Credits for Oversized Improvements.
.
DEVELOPER and/or COUNTY shall construct certain Oversized
Improvements in addition to the Project Specific Improvements. DEVELOPER and
COUNTY are parties to an agreement that provides that COUNTY will get credit
against Traffic Impact Fees for constluction of any Oversized Roadway
Improvements.
COUNTY shall be entitled to a credit against Traffic Impact Fees for the
Project for construction of any such Oversized Improvements as provided below.
The Credits shall be given at the time DEVELOPER and/or COUNTY enters into an
improvement agreement vvith CITY for construction of the applicable Improvements.
The amount of the credits shall be determined at such time by the Public Works
Director using the costs of construction and right-of-way values used by the CITY in
calculating and establishing the Traffic Impact Fee. The amount of the Credit, once
established, shall not be increased for inflation nor shall interest accrue on the
amount of the Credit. No Credit shall be given unless the improvement constructed
is one of the improvements described in the resolution establishing the Traffic Impact
Fee and is constructed in its ultimate location.
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May 28, 1996
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(i) Credit for Dublin Boulevard Fronting the Project
Credit shall be given for tvvo of the 12' travel lanes and the median
improvements, together vvith the right-of-v,ray for the tvvo travel lanes and the median
(for a total of 48' of right-of-way) unless the roadway has already been improved and
dedicated as a part of other development.
....
(ii) Cred1t for Transit Spine
Credit shall be given for dedication of 38' of right-of-v\ray along the
north boundalY of the Project, for 16' of road improvements and for 14' of
landscaped median (second paragraph of Subparagraph 5.3.2(a)(i)(C)) as shown on
Exhibit C.
(iii) Credit for Tassajara Road. Traffic Signals and Dublin
Boulevard West of the Project
Credit shall be given for the improvements described in Subparagraph
5.3.2(a)(i)(E), (F), (G) and (H), if constlucted.
Subparagraph 5.3.6 -~ Fees. Dedications
Subsection a.
Traffic Impact Fees.
DEVELOPER shall pay a Traffic Impact Fee for each residential unit in the
Project in the amount set forth in the City's Traffic Impact Fee_for Eastern Dublin as
in effect at the time such Fee is payable pursuant to the resolution establishing the
amount of the Traffic Impact Fee for Eastern Dublin. For example, pursuant to City
of Dublin Resolution No. 41-96, the fee for a single-family residential unit on
property designated for one to 14 units per acre is $4,182 and is payable not later
than the date of final inspection of the unit. Likewise, the fee for a single-family
residential unit on property designated for 14 to 25 units per acre is $2,928, and for
a unit on property designated for over 25 units per acre is $2,509.
The total Traffic Impact Fee ("TIF") shall be reduced, however, by the Credits
for Oversized Improvements provided in Subparagraph 5.3.5 when the Oversized
Improvements are constructed or guaranteed.
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May 28, 1996
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When the Credits have been exhausted, thereafter DEVELOPER will pay the
applicable TIF in accordance v.rith the Resolution No. 1.95, as adopted JanualY 9,
1995, or any subsequent resolution which revises the amount of the TIF.
.
If the amount of the Credits exceeds the amount of the TIF, COUNTY shall
be entitled to use the unused Credits in the manner provided by separate agreement
between the COUNTY and CITY to be entered into v,rithin one year of the effective
date of this Agreement.
Subsection b.
Traffic Impact Fee to Reimburse Pleasanton for
Freeway Interchanges.
DEVELOPER and/or COUNTY shall pay the Eastern Dublin 1.580
Interchange Fee established by City of Dublin Resolution No. 11-96 if such Fee is
effective at the time of final inspection of the first unit. DEVELOPER and COUNTY
shall be released from its obligation, as set forth in the preceding sentence, if a
lawsuit is filed challenging the Project approvals, this Agreement, the City's
compliance v,rith CEQA for the project, the Eastern Dublin Traffic Impact Fee or any
other aspect of the development of the Property.
Subsection c.
Public Facilities Fees.
.
DEVELOPER and/or COUNTY shall pay a Public Facilities Fee in the
amounts and,at the times set forth in City of Dublin Resolution No. 32-96, adopted
by the City Council on March 26, 1996, or in the amourits and at the times set forth
in any resolution revising the amount of the Public Facilities Fee.
Notwithstanding the foregoing paragraph, not later than 12 months of the
effective date of this Agreement COUNTY shall dedicate to CITY in fee simple 3.69
acres of land for the City Park located east of Tassajara Creek. The exact location of
the land to be dedicated shall be determined bv CITY. The land to be dedicated and
-'
underlying groundwater shall be free of hazardous substances. The dedication of
3.69 acres by COUNTY shall satisfy DEVELOPER's obligation under Dublin
I\1unicipal Code Chapter 9.28 (CITYs "Quimby Act Ordinance") for community park
land and neighborhood park land and shall be a credit against the portion of the
Public Facilities Fee for the Project for "Community Parks, Land" and "Neighborhood
Parks, Land."
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May 28, 1996
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Subsection d.
Noise Mitigation Fee.
DEVELOPER shall pay a Noise Mitigation Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 33~96, adopted by the City Council
on March 26, 1996.
..
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Subsection e.
School Impact Fees and Fire Impact Fees.
School impact fees shall be paid by DEVELOPER and/or COUNTY in
accordance v.rith Government Code section 53080 and the "Agreement to Provide
School Facilities Mitigation" between COUNTY and the Dublin Unified School
District, as adopted by the Board of Trustees of the School District on March 20,
1996.
Any fire capital impact fees shall be paid by DEVELOPER in accordance
with applicable requirements of the Dougherty Regional Fire Authority or its
successors.
Subsection f.
Regional Transportation Impact Fee.
In the event that the Tri-Valley Transportation Council recommends and the
City Council adopts a Regional Transportation Impact Fee to pay for regional
transportation improvements in the Tri-Valley area, DEVELOPER v.rill pay any such
fee in effect at the time of issuance of any building permits for the Project.
Subsection g.
Affordable Housing In-Lieu Fees
CITY currently has a Rental Availability Ordinance (RAO) and is in the
process of preparing and adopting an Inclusionary Zoning Ordinance (IZO) pursuant
to CITYs Housing Element. Both the RAO and IZO are authorized by the General
Plan.
DEVELOPER and/or COUNTY will pay the Rental Availability In-Lieu Fee in
effect at the time of final inspection of each unit if DEVELOPER elects not to make
rental units available for rental pursuant to the Rental Availability Ordinance, unless
the RAO has been repealed prior to such time. If DEVELOPER is required to pay
the In~Lieu Fee and CITY later repeals the General Plan requirement which the RAO
implements (General Plan S 6.3 (III)(E)), CITY will refund any In-Lieu Fees paid by
DEVELOPER.
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May 28, 1996
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The Project will be subject to the proposed Inclusionary Zoning Ordinance,
provided that DEVELOPER shall have the right in lieu of providing the required
percentage of affordable units required by such ordinance to pay a fee in the amounts
set forth in such ordinance, and provided further that the in lieu fee for the Project
shall not exceed $1.00 per square foot for single-family detached homes and $.75 per
square foot for attached~Q.omes,
.
Subsection h.
Specific Plan Implementation Fee
Prior to approval of its final map, DEVELOPER shall pay a "Specific Plan
Implementation Fee". The amount of the fee shall be the Project's pro rata share on
an acreage basis of CITY's then current costs for implementation of the Specific Plan
and the mitigation measures of the final Environmental Impact Report for the
Specific Plan.
Subsection i.
Dedications
DEVELOPER agrees to dedicate the property required for road improvements
described in Subparagraph 5.3.2 above to CITY in fee simple free and both the land .
and groundwater shall be free of hazardous substances.
Subparagraph 5.3.7 -- Miscellaneous
Subsection a.
Creek Improvements.
COUNTY shall prepare a Stream Restoration Plan in accordance 'with the
Eastern Dublin Comprehensive Stream Restoration Program and the Drainage Plan
for the portion of Tassajara Creek under COUNTY ownership. Such Plan shall be
prepared to the satisfaction of CITY and shall include landscaping. COUNTY shall
make the improvements to Tassajara Creek identified in the Plan within 36 months
of the effective date of this Agreement, unless CITY agrees in writing to a later date.
Not later than 36 months of the effective date of the Agreement, COUNTY shall
dedicate property on both sides of Tassajara Creek pursuant to the requirements of
the Plan and Program, to the appropriate entity (as determined by the City Council)
,:vhich vvill own and maintain such areas pursuant to the Plan and Program. The
amount of land to be dedicated shall be determined by CITY consistent vvith the
Comprehensive Stream Restoration Program.
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May 28, 1996
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Subsectior. b.
VI aiver of Protest.
COVNTI and DIVELOPIR \\.ai',e any right to protest the inclusioll of the
Property or al..y portior. of it in a Lalldscape and Lighting ~'\s3c3sment District or
Sily.ilar assessment district fDr l11.air.tenallce of trails and/or lar.dscapir.g areas along
Tassajara Creek, Dublin:.;Boulcvard, the 2 lane collector street runr.ir.g r.ortl../south on
the westerly edge of the Property and the Trallsit Spil..e ar.d further \vaive any right
to protest the annual assessment [Dr such l1'.aintenar.ce.
Subsection b.
Landscapinf Maintenance Alonf Streets and Creek
COUNTY and DEVELOPER agree that, noMithstanding the provisions of Paragraph
17.3 hereof they will each take action to assure that the purchasers of the individual lots will be
legally bound to pay annually an amount to be determined by CITY (prior to final inspection of
the ,first building permit) for each lot's proportionate share of maintenance costs for trails and
public street and creek landscaping located within COUNTY's approximate 620 acres (the
"Santa Rita property"). The amount determined by CITY shall be indexed to increase annually.
These actions may include formation of a homeowners' association which will impose
assessments to maintain such areas;~ a covenant to pay such amount to CITY to be contained in
each deed; and/or a Landscape and Lighting Assessment pursuant to the Landscape and
Lighting Act of 1972.
COUNTY further agrees that, notvvithstanding the provisions of Paragraph 17.3 hereof
it will take action to assure that the purchasers of any portions of the Santa Rita property will be
legally bound to pay annually an amount to be determined by CITY (prior to approval of a
tentative map) for each such portion's proportionate share of maintenance costs for trails and
public street and creek landscaping located within the Santa Rita property. The amount
determined by CITY shall be indexed to increase annually. The action taken by COUNTY may
include formation of a homeovmers' or property owners' association which will impose
assessments to maintain such areas; a covenant to pay such amount to CITY to be contained in
each deed; and/or a Landscape and Lighting Assessment pursuant to the Landscape and
Lighting Act of 1972.
The actions to be taken by COUNTY and DEVELOPER pursuant to the preceding two
paragraphs shall be su~ject to approval of the City /I1anager, which approval must be obtained
in writing prior to recordation of the ,final map. CITY shall cooperate with COUNTY and
DEVELOPER to assure compliance with this requirement,
If the mechanism selected is a Landscape and Lighting Assessment, COUNTY and
DEVELOPER hereby waive any right to protest the inclusion of the Property or any portion of it
in a Landscape and Lighting Assessment District or similar assessment district for maintenance
of the foregoing trails and landscaping areas and waive any right to protest the annual
Xll
May 28, 1996
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assessment for such maintenance. The foregoing waiver shall be binding on beha(f of COUNTY
and DEVELOPER and their successors in interest v.'ith respect to the Property,
Subsection c,
Dedication of Additional Park Land
COUNTY may desicate to CITY in fee simple all or a portion of the land
required for the City Park located on COUNTY's remaining land. If COUNTY
exercises this option, the value of the land to be dedicated shall be determined by
agreement between COUNTY and CITY but in no event shall such value per acre be
greater than the per acre value assumed by CITY in calculating the amount of its
Public Facilities Fee. CITY shall not be obligated to accept any such land until CITY
and COUNTY have agreed on the value of the land to be dedicated and CITY has
determined that the land and groundwater are free of hazardous substances and that
the land is appropriate for park and/or community facility uses. If COUNTY
dedicates any land, COUNTY or its successor(s) may be entitled to a credit against
payment of the Public Facilities Fee for other projects on its remaining land in the
amount of the agreed upon value of the land.
J :\\\,PD\MNRSW\114\AGREE\523DVLP-,RlN
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May 28, 1996
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