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ORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE DEVELOPMENT AGREEMENT FOR
JORDAN RANCH BETWEEN THE CITY OF DUBLIN
AND BJP ROF JORDAN RANCH LLC (MISSION VALLEY PROPERTIES)
PA 09-011
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed project known as Jordan Ranch is located within the boundaries of
the Eastern Dublin Specific Plan, and is included in the approval for Planned Development
under PA 09-011.
B. A Development Agreement for Jordan Ranch between the City of Dublin and BJP
ROF Jordan Ranch LLC (Mission Valley Properties) ("Developer") has been presented to the
City Council, Exhibit A, attached hereto.
C. Pursuant to the California Environmental Quality Act (CEQA), development of the
Jordan Ranch property has been analyzed in the Final Environmental Impact Report for the
Eastern Dublin General Plan Amendnient and Specific Plan, which was certified by the City
Council by Resolution No. 51-93, the Addenda dated May 4, 1993 and August 22, 1994
(hereafter "Eastern Dublin EIR" or "program EIR") (SCH #91103064), the Eastern Dublin
Property Owners area Supplemental Environmental Impact Report ("EDPO SEIR") (SCH #
2001052114), and the Fallon Village Project area Supplemental Environmental Impact Report
(SCH#2005062010) ("2005 SEIR").
D. On June 1, 2010 the City Council considered the CEQA Addendum prepared for
the Jordan Ranch Project (including the proposed Development Agreement) and adopted
Resolution No. XX-10 finding that the Project impacts had been adequately addressed in the
previously certified Eastern Dublin EIR, the EDPO SEIR, and the 2005 SEIR, and that no further
environmental review was required, and adopting a related Statement of Overriding
Considerations for the Jordan Ranch project, which resolution is incorporated herein by
reference.
E. A public hearing on the proposed Development Agreement was h~ld before the
Planning Commission on May 11, 2010 for which public notice was given as provided by law.
F. The Planning Commission has made its recommendation to the City Council for
approval of the Development Agreement by Resolution 10 - 26.
G. A public hear'rng on the proposed Development Agreement was held before the
City Council on June 1, 2010 for which public notice was given as provided by law.
Attachment 2
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H. The City Council has considered the recommendation of the Planning
Commission, including the Planning Commission's reasons for its recommendation, the Agenda
Statement, all comments received in writing, and all testimony received at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b)
the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Eastern Dublin EIR,
(e) the EDPO SEIR, (f) the Fallon Village Project area SEIR, (g) the Agenda Statement, and on
the basis of the specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general
land uses and programs specified and contained in the City's General Plan, as amended by the
Eastern Dublin General Plan Amendment, and in the Specific Plan in that: (a) the General Plan
and Specific Plan land use designation for the site is Single-Family Residential, Medium Density
Residential, Medium High Density Residential, Community Park, Neighborhood Park,
Neighborhood Square, Semi-Public, Elementary School, and Open Space, (b) the proposed
project is consistent with the designated land use, (c) the project is consistent with the fiscal
policies of the General Plan and Specific Plan with respect to the provision of infrastructure and
public services, and (d) the Development Agreement includes provisions relating to vesting of
development rights, and similar provisions set forth in the Specific Plan.
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, Stage 2 Development Plan, Site Development Review, and Vesting
Tentative Map.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Developer's project will implement land use
guidelines set forth in the Specific Plan and the General Plan which have planned for Single-
Family Residential, Medium Density Residential, Medium High Density Residential, Community
Park, Neighborhood Park, Neighborhood Square, Semi-Public, Elementary School, and Open
Space, and infrastructure uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and
general welfare in that the Developer's project will proceed in accordance with all the programs
and policies of the Eastern Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent with the
General Plan and with the Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the
Ordinance) and authorizes the Mayor to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the
City Clerk shall submit the Agreement to the County Recorder for recordation.
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Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1st day of
June, 2010 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
G:IPA#120091PA 09-011 Jordan RanchlPC Meeting 5.11.101FINAL CC ORD-DA.doc
Mayor
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
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Space above this line for Recorder's use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
BJP-ROF JORDAN RANCH LLC
FOR THE JORDAN RANCH PROJECT
Exhibit A to
Attarhmant 7
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THIS DEVELOPMENT AGREEMENT (this "Agreement" or this
"Development AgreemenY') is made and entered in the City of Dublin on this _
day of , 2010, by and between the City of Dublin, a Municipal
Corporation (hereafter "City") and BJP-ROF Jordan Ranch LLC, a Delaware
limited liability company (hereafter referred to as "Developer") pursuant to the
authority of §§ 65864 et seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.56. City and Developer are, from time-to-time,
individually referred to in this Agreement as a"Party," and are collectively
referred to as "Parties." ~
RECITALS
A. California Government Code §§65864 et seq. ("Development
Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter
"Chapter 8.56") authorize the City to enter into a Development 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.
B. Developer owns certain real property ("the Property") consisting of
approximately 187.9 acres of land and that is more particularly described in
Exhibit A attached hereto and is incorporated herein by reference.
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property. The Eastern
Dublin Specific Plan requires Developer to enter into a development agreement
as a condition of the development of the Property.
D. Developer proposes the development of the Property with a mixed
use project consisting of up to 780 dwelling units, up to 12,000 square feet of
retail use, a range of public parks, public and semi-public uses, open spaces and
roadways ("the Project").
E. Developer, or its predecessor in interest, has applied for, and City
has approved or is processing, various land use approvals in connection with the
development ofi the Project, including, without limitation, a Stage 1 Planned
Development Zoning and Development Plan for the Fallon Village Project (Ord.
No. adopted by the City Council on _~; a Stage 2 Planned
Development Rezoning and Development Plan (Ord. No. adopted by the
City Council on , 2010), Site Development Review (SDR) (Planning
Commission Resolution No. adopted on , 2010), a Vesting Tentative
Tract Map (Planning Commission Resolution No. ~~ adopted on , 2010),
and this Development Agreement. All such approvals collectively, together with
any approvals or permits now or hereafter issued with respect to the Project are
referred to as the "Project Approvals."
F. City desires the timely, efficient, orderly and proper development of
the Project.
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G. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
the Development Agreement Statute and Chapter 8.56.
H. City and Developer have reached agreement and desire to express
herein a Development Agreement that will facilitate development of the Project
subject to conditions set forth herein.
I. The development of the Property and the Project has been
evaluated in three environmental impact reports certified by the City: (1) Eastern
Dublin General Plan Amendment and Specific Plan Environmental Impact
Report, State Clearinghouse No. 91103064; (2) East Dublin Properties Stage 1
Development Plan and Annexation Supplemental EIR (State Clearinghouse No.
2001052114); and (3) Fallon Village Project Draft Supplemental Environmental
Impact Report (State Clearinghouse Number 2005062010) (collectively, "Prior
EIRs"). The Prior EIRs specifically addressed the General Plan, Specific Plan
and Stage 1 Planned Development Zoning and Development Plan for the
Project. An Initial Study was prepared for a Stage 2 Planned Development
Rezoning and Development Plan, Site Development Review (SDR), a Vesting
Tentative Tract Map, and this Development Agreement to determine whether
these approvals will result in any new or substantially more severe significant
environmental impacts than those analyzed in these prior EIRs or any other
standard requiring further environmental review under CEQA are met (Public
Resources Code section 21166 and CEQA Guidelines sections 15162 and
15163). The Initial Study determined that these approvals did not trigger any of
the CEQA standards requiring further environmental review. An Addendum was
prepared for these approvals explaining the basis for finding no further review is
required under CEQA pursuant to CEQA Guidelines section 15164(e). The City
Council considered and approved the findings in the Addendum (Reso. No.
adopted by the City Council on , 2010) prior to approving Stage 2
Planned Development Rezoning and Development Plan, Site Development
Review (SDR), a Vesting Tentative Tract Map, and this Development Agreement.
J. ~n , 2010, the City Council of the City of Dublin
adopted Ordinance No. approving this Development Agreement ("the
Approving Ordinance"). The Approving Ordinance will take effect on
("the Approval Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows:
AGREEMENT
Description of Propertv.
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The Property that is the subject of this Agreement is described in Exhibit A
attached hereto ("Property").
2. Interest of Developer.
The Developer has a legal interest in the Property in that it is the owner of
the Property.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by the City and Developer and that the Developer is
not an agent of the City. The City and Developer hereby renounce the existenae
of any form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1. Effective Date. The effective date of this Agreement shall be the
Approval Date ("Effective Date").
4.2. Term. The term of this Agreement shall commence on the
Effective Date and extend ten (10) years thereafter, unless said term is otherwise
terminated or modified by circumstances set forth in this Agreement.
5. Use of the Propertv.
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 (such amendments once effective shall become part of the law
Developer is vested into without an additional amendment of this Agreement).
Notwithstanding the foregoing or anything to the contrary herein, any amendment
to the General Plan, Specific Plan and PD zoning applicable to the Property and
in effect on the Effective Date shall not become part of the law Developer is
vested into under this Agreement unless an additional amendment of this
Agreement is entered into befin-een Developer and City in accordance with State
and City laws. .
5.2. Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by the City) and other terms and conditions of development applicable
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to the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals subject to the
provisions of Section 5.1.
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 Discretionarv Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
othe~ land use approvals required by the ordinances of the City of Dublin
other approvals from regulatory agencies.)
See Exhibit B
5.3.2. Infrastructure Conditions. Additional or modified conditions
agreed upon by the parties relating to infrastructure and public
improvements required for development of the Project.
See Exhibit B
5.3.3. Phasinq, Timinq. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4. Financing Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5. Fees, Dedications. Terms relating to payment of fees or
dedication of property. ~
See Exhibit B
5.3.6. Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7. Miscellaneous. Miscellaneous terms.
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See Exhibit B
6. Applicable Rules, Requlations and Official Policies.
6.1. Rules Regardinq Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property, governing density and intensity of
use of the Property and the maximum height, bulk and size of proposed buildings
shall be those in force and effect on the Effective Date of the Agreement.
6.2. Rules Reqarding Design and Construction. Unless otherwise
expressly provided in Paragraph 5 of this Agreement, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect at the time of the applicable discretionary approval,
whether the date of that approval is prior to or after the date of this Agreement.
Ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards and specifications applicable to public
improvements to be constructed by Developer shall be those in force and effect
at the time of the applicable discretionary approval, whether date of approval is
prior to or after the date of this Agreement.
6.3. Uniform Codes Applicable. The Project shall be constructed in
accordance with the provisions of the Uniform Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, in effect at the time of approval of the appropriate
building, grading, encroachment or other construction permits for the Project.
7. Subsequently Enacted Rules and Requlations.
7.1. New Rules and Requlations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date of this Agreement and which are not in conflict with those
applicable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
policies would,not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official policies have general applicability. The Developer may elect to apply for
amendments to the Project's Vesting Tentative Map to vest 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 pursuant to Government Code section 66498.2.
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7.2. Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions, rules, regulations and policies except that such subsequent actions
shall be subject to any conditions, terms, restrictions, and requirements expressly
set forth herein.
7.3. Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of the City, by initiative, referendum, or otherwise,
that imposes a building moratorium, a limit on the rate or timing of development
or a voter-approval requirement which affects the Project on all or any part of the
Property, the City agrees that such ordinance, resolution or other measure shall
not apply to the Project, the Property, this Agreement or the Project Approvals
except as necessary to protect City residents from a condition presenting an
imminent threat to public health or safety.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1. Fees, Exactions, Dedications The City and Developer agree that
the fees payable and exactions required in connection with the development of
the Project for purposes of mitigating environmental and other impacts of the
Project, providing infrastructure for the Project and complying with the Specific
Plan shall be those set forth in the Project Approvals and in this Agreement
(including Exhibit B. The City shall not impose or require payment of any other
fees, dedications of land, or construction of any public improvement or facilities,
shall not increase or accelerate existing fees, dedications of land or construction
of public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5).
Notwithstanding the foregoing, the Project and Property shall be subject to
escalator fee increases to City fees in effect on the Effective Date if uniformly
applied to comparable uses or property in Eastern Dublin or the City.
8.2. Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective only; and (3) the
application of such fees would not prevent, impose,a substantial financial burden
on, or materially delay development in accordance with this Agreement.
8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement. Nothing in this subsection shall prevent
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Developer from challenging the validity of a subsequently enacted tax under
state or federal law.
8.4. Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by the City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property. Nothing in this subsection shall prevent Developer
from challenging the validity of an assessment under state or federal law.
8.5. Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and Developer does not return its ballot, Developer
agrees, on behalf of itself and its successors, that the City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
charge provided City has provided all statutorily required notices and complied
with all requirements governing the imposition of such assessment, fee or
charge.
9. Amendment or Cancellation.
9.1. Modification Because of Conflict with State or Federal Laws. The
Project and Property shall be subject to state and federal laws and regulations
and this Agreement does not create any vested right in state and federal laws
and regulations in effective on the Effective Date. In the event that state or
federal laws or regulations enacted after the Effective Date of this Agreement
prevent or preclude compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City, the parties shall
meet and confer in good faith in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation. Any such amendment or
suspension of the Agreement shall be subject to approval by the City Council in
accordance with Chapter 8.56.
9.2. Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 8.56.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses of the Property as provided in paragraph 5.2; :(c) provisions for "significant"
reservation or dedication of land as provided in Exhibit B; (d) conditions, terms,
restrictions or requirements for subsequent discretionary actions; (e) the density
or intensity of use of the Project; (fl the maximum height or size of proposed
buildings; or (g) monetary contributions by Developer as provided in this
Agreement, shall not, except to the extent otherwise required by law, require
notice or public hearing before either the Planning Commission or the City
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Council before the parties may execute an amendment hereto. The City's Pubiic
Works Director shall determine whether a reservation or dedication is
"significant".
9.4. Cancellation bv Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit
B of this Agreement prior to the date of cancellation shall be retained by the City.
10. Term of Project Approvals.
10.1. Pursuant to California Government Code Section 66452.6(a)(1), the
term of the vesting tentative map described in Recital F above shall automatically
be extended for the term of this Agreement or the term pursuant to the provisions
of the state Subdivision Map Act, whichever is longer. The term of any other
Project Approval shall be extended only if so provided in Exhibit B.
11. Annual Review.
11.1. Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2011 and thereafter between each July 15 and
August 15 during the Term.
11.2. Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
11.3. Staff Reports. To the extent practical, the City shall deposit in the
mail and fax to Developer a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4. Costs. Costs reasonably incurred by the City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review. ~
12. Default.
12.1. Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in the City's regulations
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governing development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2. Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3. No Damaqes Aqainst Citv. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against the
City upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
13.1. Either party may, at any time, and from time to time, request written
notice from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonably be agreed to by the parties.
City Manager of the City shall be authorized to execute any certificate requested
by Developer. Should the party receiving the request not execute and return
such certificate within the applicable period, this shall not be deemed to be a
default, provided that such party shall be deemed to have certified that the
statements in clauses (a) through (c) of this section are true, and any party may
rely on such deemed certification.
14. Mortqaqee Protection; Certain Riqhts of Cure.
14.1. Mortqagee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
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trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
14.2. Mortgagee Not Obliqated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3. Notice of Default to Mortgagee and Extension of Riqht to Cure. If
the City receives notice from a Mortgagee requesting a copy of any notice of
default given Developer hereunder and specifying the address for service
thereof, then the City shall deliver to such Mortgagee, concurrently with service
thereon to Developer, any notice given to Developer with respect to any claim by
the City that Developer has committed an event of default. Each Mortgagee shall
have the right during the same period available to Developer to cure or remedy,
or to commence to cure or remedy, the event of default claimed set forth in the
City's notice. The City, through its City Manager, may extend the thirty-day cure
period provided in paragraph 12.2 for not more than an additional sixty (60) days
upon request of Developer or a Mortgagee.
15. Severabilitv.
15.1. The unenforceability, invalidity or illegality of any provisions,
covenant, condition or term of this Agreement shall not render the other
provisions unenforceable, invalid or illegal. '
16. Attorneys' Fees and Costs.
16.1. If the City or Developer initiates any action at law or in equity to
enforce or interpret the terms and conditions of this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees and costs in addition
to any other 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 the City for all reasonable court costs and attorneys' fees expended by
the City in defense of any such action or other proceeding.
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17. Transfers and Assignments.
17.1 Right to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a"Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer arising
hereunder and that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of Developer's rights, interests and obligations hereunder shall occur
without prior written notice to City and approval by the City Manager, which
approval shall not be unreasonably withheld or delayed.
17.2 Apqroval and Notice of Sale, Transfer or Assignment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after Developer's notice, provided all necessary documents,
certifications and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations
that have been transferred and those which have been retained by Developer)
shall be recorded in the official records of Alameda County, in a form acceptable
to the City Manager, concurrently with such sale, transfer or assignment.
17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of
all of Developer's rights, interests and obligations hereunder pursuant to
Paragraph 17.1 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 Manager approval of such
transfer, sale, or assignment; provided, however, that if any transferee,
purchaser, or assignee approved by the City Manager expressly assumes all of
the rights, interests and obligations of Developer under this Agreement,
Developer shall be released with respect to all such rights, interests and
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 Manager approval.
17.4 Developer's Riqht to Retain Specified Rights or Obligations.
Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18, Developer may
withhold from a sale, transfer or assignment of this~.Agreement certain rights,
interests and/or obligations which Developer shall retain, provided that Developer
specifies such rights, interests and/or obligations in a written document to be
appended to this Agreement and recorded with the Alameda County Recorder
prior to the sale, transfer or assignment of the Property. Developer's purchaser,
transferee or assignee shall then have no interest or obligations for such rights,
12
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interests and obligations and this Agreement shall remain applicable to
Developer with respect to such retained rights, interests and/or obligations.
17.5 Termination of Aqreement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the burdens of
this Agreement shall terminate as to any lot which has been finalty subdivided
and individually (and not in "bulk") leased (for a period of longer than one year) or
sold to the purchaser or user thereof and thereupon and without the execution or
recordation of any further document or instrument such lot shall be released from
and no longer be subject to or burdened by the provisions of this Agreement;
provided, however, that the benefits of this Agreement shall continue to run as to
any such lot until a building is constructed on such lot, or until the termination of
this Agreement, if earlier, at which time this Agreement shall terminate as to such
lot.
18. Aqreement Runs with the Land.
18.1 All of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the Parties and their
respective heirs, successors and assignees, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of taw or in any manner whatsoever. All of the
provisions of this Agreement shall be enforceable as equitable servitude and
shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burden upon such properties, (b) runs with such properties,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
19. BankruRtcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
Developer agrees to indemnify, defend and hold harmless the 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 indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
13
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subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of the City, its contractors, subcontractors, agents or employees or with
respect to the maintenance, use or condition of any improvement after the time it
has been dedicated to and accepted by the City or another public entity (except
as provided in an improvement agreement or maintenance bond). If City is
named as a party to any legal action, City shall cooperate with Developer, shall
appear in such action and shall not unreasonably withhold approval of a
settlement otherwise acceptable to Developer.
21. Insurance.
21.1. Publie Liabilitv and Property Damaqe Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one mi-lion dollars ($1,000,000.00) with a One Hundred Thousand Dollar
($100,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2. Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3. Evidence of Insurance. Prior to issuance of any permits for the
Project, including grading permits, Developer shall furnish the City satisfactory
evidence of the insurance required in Sections 21.1 and 21.2 and evidence that
the carrier is required to give the City at least fifteen days prior written notice of
the cancellation or reduction in coverage of a policy. The insurance shall extend
to the City, its elective and appoin~ive boards, commissions, officers, agents,
employees and representatives and to Developer performing work on the Project.
22. Sewer and Water.
22.1. Developer acknowledges that it must.obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of the City. City agrees to cooperate and
attempt to facilitate legally-required actions by DSRSD and Zone 7 of the
Alameda County Flood Control and Water Conservation District regarding water
supply for the Project.
14
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23. Notices.
23.1. All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to the City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
BJP-ROF Jordan Ranch LLC
5000 Hopyard Road, Suite 170
Pleasanton, CA 94588
Attn: Rob Radanovich
Fax No. (925) 467-9919
With copy to:
David Gold ~
Morrison and Forester
101 Ygnacio Valley Road
Suite 450
Walnut Creek, CA 94596
Fax No. (925) 946-9912
A party may change address by giving notice in writing to the other party
and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Aqreement is Entire Understandinq.
24.1 This Agreement constitutes the entire understanding and
agreement of the parties. ~.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
15
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Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement is executed in three (3) duplicate originals, each of which
is deemed to be an original.
27. Recordation.
The City shall record a copy of this Agreement within ten (10) days
following execution by all parties.
[Execution Page Follows]
16
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN
By:
Attest:
Joni Pattillo, City Manager
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
1419789.6
By: Robert Radanovich, member
(NOTARIZATION ATTACHED)
DEVELOPER
BJP-ROF JORDAN RANCH LLC,
a Delaware limited liability company
By: Fallon-Jordan, LLC,
a California limited liability company,
its manager
By: MVP Development California,
LLC
a California limited liability
company,
its managing member
~~~~~
17
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF Califomia )SS
COUN7Y OF ,,,~,(~~ ~_. )
Fle No:
APN No:
On ~J'~'1C(,vr ~~ _~~-O/ D before me, %> ~ a/~.~, ~_~~,~ ~r , Notary Pubiic, personally appeared
Dn J~~, ~- ,E~~ ~Ji;n ov. c i_
who proved to me on the basis of satisfactory evidence to be fhe person(s) whose name(s) is/a+~c subscribed to the within
instrument and acknowledged to me that he/~eq~-executed the same in his/liey~ie+~ authorized capacity(ies), and that by
his/daer}their-signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PER]URY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Sigrtature _~~ l • .L~:~~! ~
DIANE E. BURTON
COMM. #~1828460
~ - NOTARY PUBLIC ~ CALJFORlNA ~
~ nww~new- couNnr ~
Comm. Exp. DEC. 27, 2012
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
~ INDMDUAL
Q CORPORATE OFFICER(S) TIT'LE(S)
Q PARTNER(S) ^ LIMITED ^ GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
~ GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity
Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by Frst Amesion Trtle Company il/2007
~ ~ ~~
Exhibit A
Legal Description of Property
Real property in the County of Alameda, State of California, described as follows:
[ADD]
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Order Number: 0192-3484873
Page Number: 8
LEGAL DESCRIPTION
Real properly in the City of Dublin , County of Alameda, State of California, described as follows:
BEGINNING AT THE NORTHEASTERN CORNER OF THE FIRST PARCEL DESCRIBED BELOW (98388140),
SAID POINT BEING THE QUARTER CORNER OF SECTIONS 34 AND 35, TOWNSHIP 2 SOUTH, RANGE 1
EASI", MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE EASTERN LINE OF SAID FIRST
PARCEL, SOUTH 01° 29' 39" WEST, 223.21 FEET; THENCE SOUTH 00° 46' 42" WEST, 2709.61 FEET TO
THE SOUTHEASTERN CORNER OF SAID FIRST PARCEL; THENCE LEAVING SAID EASTERN LINE AND
ALONG THE SOUTHERN LINE OF SAID FIRST PARCEL, NORTH 88° 30' S2" WEST, 2597.08 FEET TO THE
SOUTHWESfERN CORNER OF SAID FIRST PARCEL, SAID POINT BEING ON A NON-TANGENT CURVE TO
THE LEFT HAVING A RADIAL WHICH BEARS NORTH 62° 31' 08" EAST, A RADIUS OF 399.94 FEET, A
DELTA OF 10° 23' S3"; THENCE LEAVING SAID SOUTHERN LINE, ~IORTHWESTERLY ALONG TNE
WESTERN LINE OF SAID FIRST PARCEL AND SAID CURVE AN ARC LENGTH OF 72.58 FEET; THENCE
NORTH 37° 52' 45" WEST, 428.46 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF 399.94
FEET, A DELTA OF 44° 12' 02"; THENCE ALONG SAID CURVE AN ARC LENGTN OF 308.53 FEET; TNENCE
NORTH 06° 19' 16" EAST, 1321.37 FEEr TO A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIAL
WHICH BEARS NORTH 83° 40' 20" WEST, A RADIUS OF 800.55 FEET, A DELTA OF 16° 02' 30"; THENCE
ALONG SAID CURVE AN ARC LENGTH OF 224.14 FEET; THENCE NORTH 22° 21' 46" EAST, 500.00 FEET
TO A CURVE TO THE LEFT HAVING A RADIUS OF 199.76 FEET, A DELTA OF 19° 23' 54"; THENCE
ALONG SAID CURVE AN ARC LENGTH OF 67.63 FEET TO THE SOUTHERN CORNER OF EXCEPTION
PARCEL DESCRIBED BELOW (2007257006); THENCE ALONG THE SOUTNEASTERN LINE OF LAST SAID
PARCEL, NORTH 22° 21' 46" EAST, 136.09 FEET TO THE NORTHEASTERN CORNER OF LAST SAID
PARCEL AND NORTHERN LINE OF SAID FIRST PARCEL; THENCE ALONG SAID NORTHERN LINE, SOUTH
89° 50' 11" EAST, 2565.27 FEET TO THE POINT OF BEGINNING.
BEING THE PARCEL DESCRIBED IN THE DEED TO FIRST AMERICAN TITLE GUARANTY COMPANY
RECORDED ON NOVEMBER 04, 1998 IN DOCUMENT NO. 98388140, OFFICIAL RECORDS OF THE
COUNIY OF ALAMEDA, STATE OF CALIFORNIA:
DCCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE CTTY OF DUBLIN RECORDED
ON JULY 12, 2007 IN DOCUMENT NO. 2007257006, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA,
STATE OF CALIFORNIA.
APN: 985-0027-006-03 (Old APN), 985-0027-006-04 (New APN)
985-0027-007-01 (Old APN), 985-0027-007-02 (New APN)
FirstAmencan Tide
~~~~~,
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparactraph 5.3.1 - Subsequent Discretionarv Approvals
None.
Subparaqraph 5.3.2 - Infrastructure Conditions
Subsection a. Infrastructure Sequencinq Proqram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. 10- of the City of Dublin Planning
Commission approving Site Development Review and Vesting Tentative Tract
Map 8024 for the Jordan Ranch Project for PA 09-011 (hereafter "SDR and VTM
Resolution") shall be completed by Developer to the satisfaction of the City
Engineer at the times and iri the manner specified in the SDR and VTM
Resolution unless otherwise provided below. All such roadway improvements
shall be constructed to the satisfaction and requirements of City's City Engineer.
(ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Exhibit B
~5 ~ ~~i
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Drainaqe.
The storm drainage systems off-site, as well as on-site drainage
systems for the areas to be occupied, shall be improved consistent with the
tentative map conditions of approval and to the satisfaction and requirements of
the Dublin Public Works Department applying the standards and policies of the
City and Zone 7(Alameda County Flood Control and Water Conservation
District, Zone 7) that are in force and effect at the time of issuance of the permit
for the proposed improvements. Pursuant to Alameda County's National
Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the
California Regional Water Quality Control Board, or pursuant to subsequent
permits adopted by the Board, all grading, construction and development
activities within the City of Dublin must comply with the provisions of the Clean
Water Act. Proper erosion control measures must be installed at development
sites within the City during construction, and all activities shall adhere to Best
Management Practices.
The property is within the Dublin Ranch Eastside Storm Drain
Benefit District (G-3 Culvert). Therefore, in accordance with Dublin Municipal
Code section 7.74.290, a condition on the tentative map approval requires
Developer to pay the applicable benefit charges for the property prior to First
Final Map or first building permit, whichever is earlier.
(v) Other Utilities (e.a. qas, electri
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy for the Project.
Subsection b. Miscellaneous
(i) Completion Mav Be Deferred.
Nofinrithstanding the foregoing, the City's Public Works Director
may, in his or her sole discretion and upon receipt of documentation in a form
satisfactory to the City's Public Works-Director that assures completion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project if the City's Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
Subparaqraph 5.3.3 - Phasinq, Timinq
~n~b~t e 2
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This Agreement contains no requirements that Developer must initiate or
complete development of the Project within any period of time set by the City. It
is the intention of this provision that Developer be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Subparaqraph 5.3.4 - Financinq Plan
Developer will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. If so required by the Dublin San Ramon Services
District, Developer will enter into an "Area Wide Facilities Agreement" with the
Dublin San Ramon Services District to pay for the cost of extending such
services to the Project. Such services shall be provided as set forth in
Subparagraph 5.3.2(a)(ii) and (iii) above.
Subparaqraph 5.3.5 - Fees, Dedications
Nofinrithstanding anything to the contrary in this Subparagraph 5.3.5 or this
Development Agreement, Developer shall pay any fees required by Subsections
a-g at the time such fees are due under the resolutions and/or ordinances
establishing and/or amending such fees.
Subsection a. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 40-10, including any future, lawfully enacted
amendments to such fee that may be in effect at the time of issuance of building
permits. Developer will pay such fees no later than the time of issuance of
building permits and in the amount of the impact fee in effect at time of building
permit issuance.
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for
Freewav Interchanqes.
Developer shall pay the Eastern Dublin I-580 Interchange Fee in the
amounts and at the times set forth in Resolution No. 155-98 or any subsequent,
lawfully enacted resolution that revises such Fee that may be in effect at the time
of issuance of building permits. Developer will pay such fees no later than the
time of issuance of building permits.
Exhibit B 3
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Subsection d. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any future, lawfully enacted amendments to
such fee that may be in effect at the time of issuance of building permits.
Developer will pay such fees no later than the time of issuance of building
permits.
Subsection e. Noise Mitiqation Fee.
Developer shall pay a Noise Mitigation Fee established by City of Dublin
Resolution No. 33-96, including any future, lawfully enacted amendments to such
fee that may be in effect at the time of issuance of building permits. Developer
will pay such fees no later than the time of issuance of building permits.
Subsection f. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
Government Code section 53080 and the agreement between Developer or its
predecessor in interest and the Dublin Unified School District regarding payment
of school mitigation fees.
Subsection h. Tri-Vallev Transportation Development Fee.
Developer shall pay the Tri-Valley Transportation Development Fee in the
amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. Developer will pay such fees no
later than the time of issuance of buildin~ permits and in the amount of the
impact fee in effect at time of building permit issuance.
Subparaqraph 5.3.6 - Credit
Subsection a. Traffic Impact Fee (TIF) Improvements - Credit
City shall provide a credit against Eastern Dublin Traffic Impact Fees to
Developer for those improvements described in the resolution establishing the
Eastern Dublin Traffic Impact Fee if such improvements are constructed by the
Developer in their ultimate location. All aspects of the credit shall be governed
by the TIF Guidelines. The TIF inay be paid by cre.dits acquired from third
parties subject to City confirmation of the validity of any credit.
Subsection b. Traffic Impact Fee Riqht-of-Wav Dedications -
Credit
~n~b~t B 4
1~ ~i~~
City shall provide a credit against Eastern Dublin Traffic Impact Fees to
Developer for any TIF area right-of-way to be dedicated by Developer to City
which is required for improvements which are described in the resolution
establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits
shall be governed by the TIF Guidelines.
Subsection c. Public Facilitv Fee - Neiqhborhood Parkland
Component
City shall provide a credit against Public Facilities Fees to Developer for
any neighborhood parkland to be dedicated by the Developer which exceeds the
amount required under section 9.28 of the Dublin Municipal Code. Such credits
shall be expressed in acres of parkland. All aspects of the credits shall be
governed by the City's Public Facilities Fees Administrative Guidelines.
Subparaqraph 5.3.7 - Miscellaneous
Subsection a. Compliance with Inclusionarv Zoninq Ordinance.
Developer proposes residential development on the Property. Pursuant to
the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal
Code) ("the Regulations"), developers of more than 20 residential units are
required to set aside 12.5% of the units in the project as affordable units as
specified.
Under the Regulations, certain exceptions permit developers to satisfy the
obligation other than through on-site construction. For instance, part of this
obligation can be satisfied through the payment of a fee in-lieu of construction. In
addition, developers can satisfy their affordable housing obligations by, among
other mechanisms, obtaining City Council approval of an alternative method of
compliance that the City Council finds meet the purposes of the Regulations.
Developer shall satisfy its affordable housing obligation through the
following "alternative method of compliance" under City Code Sec. 8.68.040E:
(1) The Project will meet affordability goals by providing medium to high
density residential units of certain sizes that will promote the City's affordability
and Housing Element goals. The City hereby finds that certain types and sizes
of townhouse and/or mixed use units in the Project are likely to meet the City
affordability standard for "moderate income" units. ~The Project proposes 197
townhouse and mixed use units at a density of 14.4 and 15.9 units per acre that
are likely to meet the moderate-income affordability standard. The 197 units
~n~b~c B 5
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exceed the 12.5% affordability requirement of 98 units based on a total of 780
residential units in the Project; and
(2) Developer shall make the following community benefit payments to the
City at the time specified, for a total general community benefit payment
(independent of the Inclusionary Housing Fund) of Five Million Dollars
($5,000,000.00)
Community
Benefit
Payment
Due Date
Amount
First Payment
90 days after Effective
Date of this Agreement
$2,000,000.
Second Payment 24 Months after Effective $2,000,000.
Date of this Agreement
Third Payment 36 Months after Effective $1,000,000.
Date of this Agreement
Total $5,000,000.
The Developer's obligation to make the Third Payment in the amount of
$1,000,000 is subject to the provisions regarding the Semi-Public Area Rezoning
in Subsection 5.3.7(b) of this Agreement.
Nofinrithstanding the foregoing, if a legal action is filed by a third party
against the City challenging any of the Project Approvals within the applicable
statute of limitations period under State Law on or prior to the Due Date for the
First Payment, the Due Date for the First Payment shall be the earlier of (i) the
date on which the appeal period ends for any trial court judgment or court of
appeals decision in favor of the City or order or entry of dismissal of said legal
action; or (2) the date on which the Developer submits any application to the City
for subsequent approvals or permits to develop the Project ("Revised Due Date
for First Payment"). If the Due Date for the First Payment is changed pursuant to
this paragraph due to the filing of said legal action, then the Due Date of the
Second Payment shall be 21 months after the Revised Due Date for First
Payment, and the Due Date for the Third Payment_shall be 33 months after the
Revised Due Date for First Payment. ~
Through its approval of this agreement, the City Council hereby finds that
the "alternative method of compliance" in this subsection 5.3.7(a) meets the
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purposes of the Regulations and will promote the City's affordability and Housing
Element goals, and hereby waives the requirements of the Regulations.
Notwithstanding anything to the contrary in this Agreement, if any
community benefit payment under this Subsection 5.3.7(a) is not received in full
by the City by the Due Date for such payment, this Agreement shall, following
notice and an opportunity to cure under Section 12.2, automatically terminate
and approval of Developer's "alternative method of compliance" shall become
ineffective. Accordingly, in such event, the City will withhold further issuance of
building permits and other approvals until such time as Developer has entered
into a binding agreement specifying how it will comply with the Inclusionary
Zoning Regulations.
Subsection b. Semi-Public Area Rezoninq.
The Project includes a 2.7 gross acre semi-public area located
adjacent to Central Parkway ("Semi-Public Area"). This area is intended to
provide semi-public uses, which include recreational facilities, for Project and City
residents. The Developer may apply for a General Plan Amendment, Specific
Plan Amendment and rezoning of the Semi-Public Area for another non-public
use in the future. Since the Semi-Public Area may not be developed for semi-
public uses in the future, the Developer shall make a One Million Dollar payment
($1,000,000.) to the City General Fund at the time specified below:
General Fund Due Date Amount
Payment
First Payment 90 days after Effective $280,000.
Date of this Agreement
Second Payment 12 Months after Effective $280,000.
Date of this Agreement
Third Payment 24 Months after Effective $180,000.
Date of this Agreement
Fourth Payment 36 Months After Effective $180,000.
Date of this Agreement .
Fifth Payment 48 Months after EfFective $80,000.
Date of this Agreement
Exhibit B 7
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Total $1,000,000.
Notwithstanding the foregoing, if (i) the Developer has not applied for and
obtained City approval of a General Plan Amendment, Specific Plan Amendment
and rezoning of the Semi-Public Area for another non-public use on or before 24
months after the Effective Date of this Agreement and (ii) the Developer has paid
to the City the full amount of the First and Second Payments for General Fund
Payment in an amount equal to $560,000, then the Third Payment of the
Community Benefit Payment in the amount of $1,000,000 required under
Subsection 5.3.7(a) shall be reduced to $440,000 and the Developer shall not be
required to make any further payments under this Subsection 5.3.7(b) that are
due on or after 24 months after the Effective Date of this Agreement.
Notwithstanding the foregoing, if a legal action is filed by a third party
against the City challenging any of the Project Approvals within the applicable
statute of limitations period under State Law on or prior to the Due Date for the
First Payment, the Due Date for the First Payment for the General Fund Payment
shall be the earlier of (i) the date on which the appeal period ends for any trial
court judgment or court of appeals decision in favor of the City or order or entry
of dismissal of said legal action; or (2) the date on which the Developer submits
any application to the City for subsequent approvals or permits to develop the
Project ("Revised Due Date for First Payment").
If the Due Date for the First Payment for the General Fund Payment is
changed pursuant to these provisions due to the filing of said legal action, then
the Due Date of the Second Payment shall be 9 months after the Revised Due
Date for First Payment; the Due Date for the Third Payment shall be 21 months
after the Revised Due Date for First Payment; and the Due Date for the Fourth
Payment shall be 33 months after the Revised Due Date for First Payment.
Notwithstanding anything to the contrary in this Agreement, this
Agreement shall, following notice and_ an opportunity to cure under Section 12.2,
automatically terminate if City has not received any General Fund Payment
under this Subsection 5.3.7(a) in full by the Due Date for such payment.
Subsection c. Eminent Domain Cooperation
Developer is required to construct certain off-site improvements under the
conditions of approval for the Vesting Tentative Map on land for which Developer
or City does not have sufficient title or interest at the time of entering into this
Agreement. These requirements shall be consistent with the provisions of
Government Code section 66462.5. Developer shall construct off-site
Exhibit B $
~~ ~~ 1
~
improvements for a second public access at such time as the City Fire
Department determines that a second public access is required to serve a portion
of the Project. If this condition cannot be satisfied prior to the recordation of the
final map due to insufficient title or interest in property, the City shall require
Developer to enter into agreement under Government Code section 66462.5(c)
prior to recordation of final map. Developer shall pay all costs, expenses and
fees, including, but not limited to, all City attorney's fees and staff time costs,
relating to any eminent domain action to acquire offsite property interests
required in connection with the subdivision or Project.
Subsection d. Bioloqical Mitiqation Cooperation
The Parties acknowledge that subsequent to entering into this Agreement,
Developer will need to process and obtain various federal and state permits to
develop the Project which may require site plan modifications. To the extent
consistent with City Code Section 8.32.080, the parties anticipate that Developer
may administratively process various site plan modifications to the Stage 2
approval to ensure the federal, state and City approvals are consistent. City will
use reasonable efforts to attempt to expeditiously process requests for
amendments to Project Approvals to address any minor modifications affecting
the Project Development Plan due to federal or state permitting requirements.
Subsection e.
School Site Cooperation
The Project Approvals include a lot designated for a school site. City
agrees to cooperate with Developer's efforts to satisfy the condition of approval
of the Vesting Tentative Map to sell the school site property to the Dublin Unified
School District in compliance with the law. Developer acknowledges that if the
Dublin Unified School District determines not to acquire the school site, it will
need to obtain subsequent legislative and project level entitlements from the City
to allow residential or any other non-public uses on the school site. ~
Subsection f. Fal~on Interchanqe Fee Advance.
Condition 99 of the SDR and VTM Resolution ("Condition 99") reads as
follows:
Fallon Roadl I-580 Interchange Improvement Contribution: The
developer shall pay a fair share portion of costs advanced by the Lin
Family for construction of improvemerrts to the Fallon Road/I-580
Interchange. The advance will be payable at the time of filing of the
first final map. The developer's fair share has been determined to be
2.7711 % of the balance of construction funds advanced by the Lin
Exhibit B 9
~~~p ~gj
-.~.f
Family. The amount shall be calculated against the then-outstanding
balance as of the first final map.
City will provide a credit to developers in the amount of developer's
advance to be used by developer against payment of Section 2
obligations of the Eastern Dublin Traffic Impact Fee ("TIF"). In
accordance with the City's TIF Guidelines (Resol. 20-07),
establishment of the credit shall require the payment of an
administrative fee. The use of credits (including limitations on the
use of credits) and manner of conversion of the credit to a right of
reimbursement will be as set forth in the City's TIF Guidelines,
subject to the following provisions: (~) the credit shall be granted at
the time Deve~oper makes the advance required by this condition;
and (b) the credit may be used only to satisfy Section 2 TIF
obligations.
The advance required by Condition 99 will be based on the total amount
advanced to by the Lin Family that remains outstanding at the time that the
advance is made, multiplied by .027711. The fair share percentage (2.7711 %)
was calculated by determining the percentage that the projecYs trips bears to the
total trips responsible for the interchange.
As of February, 2010, the total amount advanced by the Lin Family that
remained outstanding was $10,641,943. Since the advance does not bear
interest, and since the Lin Family will not be making an additional advances, it is
not anticipated that the amount outstanding would increase. Thus, were the
advance made in February, 2010, it would be $294,888.24.
Subsection q. Fire Impact Fee Advance
Condition 118 of the SDR and VTM Resolution ("Condition 118") reads as
follows:
Fire Impact Fee Advance. Prior to the filing of the first final map,
the developer shall.make an advance payment of Fire Facilities Fees
equal to 5.71 %. of the then-outstanding amounts of the advances
made by DR Acquisitions and the City General Fund to construct
and equip, respectively, Fire Station 18 and Fire Station 17: The
advance will be used to repay a portion of monies advanced by DR
Acquisitions, LLC and the City General Fund.
City will provide a credit to developer in the amount of developer's
advance of monies pursuant to this condition. Developer shall be
responsible for the payment of an Administrative Fee to establish the
Exhibit B ~ 0
~ ~ ` r~~r~~
~
credit. The credit may be used by developer against payment of Fire
Facilities Fee on this property or any property where Developer has
an interest in the City of Dublin. The amount of the credit, once
established, shall not be increased for inflation and shall not accrue
interest. The credits with written notice to City, and payment of an
administrative fee, may be transferred by developer to another
developer of land in Dublin. Other aspects of the credit shall be
consistent with the City's Traffic Impact Fee Guidelines.
WHEN REQ'D: Prior to First Final Map.
The advance required by Condition 118 will be used by the City to
reimburse the developer of Dublin Ranch Area A(DR Acquisitions, L.L.C.) for its
advance of costs to the Fire Facilities Fee program to construct and equip the
new Eastern Dublin fire station (Fire Station 18) and to reimburse the City
General Fund for its loan of funds to the Fire Facilities Fee program for Fire
Station 17 Construction.
The amount of the advance will be based on the total amount advanced to
the Fire Facilities Fee Program by DR Acquisitions, L.L.C. and the City General
Fund that still remain outstanding at the time that the advance is made, multiplied
by the percentage of acreage (5.71 %) that the Property (187.9 acres) bears to
the total acreage of the Eastern Dublin area (3293.13 acres).
The total amount advanced was $8,138,163 (consisting of $5,996,345
advanced by DR Acquisition and $2,141,818 advanced by the City General
Fund). The calculated amount of the advances outstanding as of March 2010 is
$5,402,371 (consisting of $4,574,381 advanced by DR Acquisitions and
$1,804,183 advanced by the City General Fund). This outstanding amount is
lower than the total advance because it excludes credits transferred by DR
Acquisitions, L.L.C. to other entities and because the City General Fund loan has
been repaid as Fire Facilities Fees have been collected. However, because the
City loan is interest bearing, the amount outstanding could possibly increase as
well as decrease.
Thus, for illustrative purposes, had the advance been made in March
2010, it would have been $308,475.38.
~n~b~t s 11
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STAFF REPORT
PLANNING CtJMM~SSICIN
May 11, 201~}
Planning Commission
SUBJECT; PUBL~C HEARING: PA U9-011 Jardan Ranch Planned development
Re~c~ne with a Stage 2 Devel~pment Pian, Site Development Review,
V~sting Tentative Map 8024, De~elapment Agreement, and approving
findings in a CEQA Addendum.
Re~t~rt Prepared by Mike Pot~o, Cansulting Planner
EXECUTIVE SUIViMARY;
The Applicant is requesting appraval of the project known as "Jordan Ranch" located within
the FaElon Viif~ge Project. TI~~ current applieations include a Stage 2 Planned Qevelopment fc~r
the 189+ acre Jordan Ranch area, Site Development Review, Master Vesting Tentative Tract
Map 8024, Development Agreem~nt, a~d CEQA Addendum determining no further
environmental r~vietiv is required based on pric~r certified EIRs. The Jordan Ranch project
prapases the development of as rt7any as 780 residential units within six neighborhoods. It also
includes a mixed-use compc~nent, as well as an eiemen#ary schoal site, community park,
neighborhood park, neighborhnod square, semi-public use, c~pen space, and related
infrastructure.
REC~MMEI~DATION;
Staff recommends that the Plannir~g Comrnission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimor~y from the Applicant and the public; 4) Close the public hearing
and deliberate; and 5} Adopt the faliowing Resolutir~ns:
a, Resolution recommending the City Counci[ approve ~ndings in a CEQA Addendum
determining no further enviranmental review is required based on prior certified EIRs.
b. Res~lutic~n recc~mmending the City Cc~uneil adapt an Ordinance approving a Stage 2
Planned Develapment.
c. Ftesolutian approving Site C}evelopment Review and Master Vesting Tentative Map
8024 for 780 residential units within t~eighborhaods 1 thraugh 6.
d. Resolution recQmmending the City Council adopt an Ordinance appraving a
Development Agreement between the City of DubGn and BJP ROF Jardan Raneh LLC
(repres~nted by Nlissian V~kley Properties). _ F°
.
~j` ~ r ".~~ _.._z ~f~
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~ Submitted By: Re~iewe~i By
Consulting Plar~ner Planning' I~tlanager
COP'IES TO: Appficant
File
Page 1 of 20
(, F',{?it°!7f)9!F'.-t t79-t)11 Jorslrm 1?arrclti/'(',14~etir~g 5.11_ 10=FY&4:tL l'C' St~(J Re~7urt 5 l/!Q DC)ti.
Attarhmpnt '2
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~ESCRIPTION:
Jordan Ranch is comprised of two prtrperties tc~taling approximately 189.4 gross acres located
within the westlcentral portion of the 1,134 acre area approved as the Fa{lan ~Iiliage Project
area. it is be~unded to the norkh by F'asitano Parkway and ta the west by Fallon Road. The
southeriy boundary c~f Jordan ~anch generally is located along a!ow knoll between the fu#ure
east-west extensions of Dublin Baulevard and Central Parkway. To the east, another ridge line
on the most westerly Qf the two Croak proper#ies, serves as its easterly bound~ry. A remnant
porkic~n of Jordan Ranch is separated by Pc~sitan~ Par4~way and the previous dedication of
Positana parkway itself, reduces the area of Jord~n Ranch referenced in this application #o
1$7.9 acres.
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VICINITY MAP~
The Jordan Ranch project site his~orically w~s used for cattle grazing and is characterized by
rt~lling hills and grassland~. The ranch home and barn structures recently were removed, and
the site is used only occasior~alfy for cattls grazing.
The property is crossed by three naturai drainage ways. The most significant one crosses the
proper#y centrally ~nd diagonal[y running in a southwesterly directian. This natural feature is
required ta be preserved by the Resource Managernent Plan reviewed by fhe City Council and
will remain as part af the o~en space corridor. It Cfltlt~lflS SO171~ smali naturai pands and
virtuafly a{i of the limited number of trees or~ the prc~perty. A man-m~de str~clc pond, behind the
form~~ ranch house, is well-fied and remains w~t year-round. This drainage way has be~n
documented as a habitat are~ fc~r tk~e Californi~ tiger saiamander and th~ red-legged fr.og. New
and enhanced features wili be created as a mitigation measure far wetlands habitat im~acts
identified as a result of the propos~d praject.
Pa~e 2 ~f'20
Ba~kground
~~ ~~'
~
Th~ Jord~rt Ranch properties were part of an earli~r annexation known as the Eastern Dubiin
Property Owners tEQPO) annexati~n area and were annexed to fhe City in 2002.
A General Plan Amendment, Specific Plan Amendment, Planned Development Rezone with ~
Stage 1 Develapment Plan and a Suppiementai Environmental Impact Report (EIR) were
approved in 2005 far Fallan Village, which includes Jordan. The approvals included an
amen~ed land use plan to address the requirements af the Resource Management Plan (RMP)
and Airpc~rt Protec#ion Area (APA). The plan approved up ta 1064 units on the Jordan prc~perty.
In 2007, the City Cauncil reviewed usable yard areas within the Medium Qansity land use
designation. +Ordinance 45-d8 established #hat 5~% of the units within the existing Medium
Qensity land us~ designation on the Jnrdan property shafl have a minimum of 400 square feet of
conti~uous filat usable yard area, have a rninimum dimensian of 18 feet X 18 fieet and include a
privacy fence.
Currerit Appl~cafion
The current appli~ation includes a request for:
• Planned Oevelc~pment Rezane with a Stage 2 Developmer~t Plan
• Site Develt~pm~nt Review for the six neighborhoads with~in the project
• Master Ves#ing Tentative Map 8024 to create 252 Ic~ts of 4,000 and 5,000 square feet for
sing(e family detached homes, 111 lots fQr detached cluster uni#s, 94 lots for detached
alley loade~i units, Lats for 218 townhause {condominium), Lots for 1~5 contiominium
units and up to 12,004 square f~et ~f retail commerci~l uses, 3 parks, 1 site fior semi-
pubiic uses, 1 elemen#ary school site and v~rious t~pen spac~ Eots.
• Development A~reement
• CEQA Addendum
ANALYSIS:
The S#age 1 Planned Development ar~ticipated a maximum of 1,~64 residential units for Jordan
Ranch and a rnaximum of up to 83,635 square feet af non-residential (commercial} use. The
proposed land use distributic~n for Jr~rd~n Ranch samewhat increases the acreage for Low
Density and Mediurn Densi#y Residential, and tiecre~ses the acreage for Medium-High Density
residential and substantially reduces the number of alic+wable units from a maximum of 1,q64
units to a maximum of 780 units. The Eastern Dublin Specific Plan recognizes fihat roadway
alignments and land use boundaries are approximate and that flexik~ility wiH be needed when
interpreting the plan. It further notes that minor adjustments to roadway afignments and
boundaries may be necessary and that th~ Land Use Map must be used in conjunction with plan
goals and policies. Minor shifting ofi (and use boundaries were needed to establish the rninimum
density requirements and prQVide usable yards within the Medium Density land use designation.
~'abe 3 o.f ?0
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STA~E 2 PLANNED DEVELC~PMENT - The Jordan Ranch Stage 2 Development Pian would
establish: 1) the overall layout and neight~orhood canfiguration; 2) Development
StandardslRegulatians; 3) Architecture„ 4) Traffic and Circulation; and 5) Landscape. The Stage
2 Development Plan most importantiy addresses:
'` Residential Design Guidelines
* Streetscape
" Neighborhoads
* Residential Unit lypes
* Architectural Styles
Site Plan and Densities
* Deveiopment R~gulations and Standards
* Lot sizes
* Bu'rldint~ Heights
'~ Private Open Spa~e and Yard areas
* Parking
Under the St~ge 2 Planned Development, Jordan Ranch has been planned for six
neighborhoods. Jordan Ranch is planned ta prc~vide b~th singl~-family and multi-famiiy housing
thraugh a variety of neighbc~rhaod types. The Applicar~t has stated its intentions ta create
affc~rdability by d~sign and by making a cons~ious effort to limit the size af #he homes while
maximizinc~ the pubiic ~nd private open space within the community. Please refer to the map
below for tha location of each neighbarhood. Table 1 identifies Neighborhoods 1 through 6 by:
neighborhood, number nf ur~its, acre~ge, and resulting density an a gross basis.
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Table 1: Resi~lential Unit 7ypes anci ~ystr il~ut~on
. .
_. .... . ._.__.;
i Unrt 7ype Na of units ~
~ -- -_ ____ ~
Neighborhaod E
_-_ ... . . `T
[?ens~ty
___
` __..
r~Acreags Land Use/Zone
_ ..
De#ached-Sirt~e FamEIY.._.____
_._ _.. . ~ _~ _ __. ._.. ...- _ . .. .._._ _ _ .... - --____~_.__..... . ___
+~ 5,2~1€~ sf minimt~m 80 ciu 1 ~ ~
~ ~ Law Density ~;esidential ;
~ ~.$ dU1r~, G ~ I
~Ot _ _._~.~...~
_......_..
._._ !
7 ~ ' .....__...._.~._.,__ ---___.......~.._..~~_....___-~
..__........
.__~___ _
. 4
40{l sf min~mum ~.._..._...__.
~ 72 du
~ F
; Y
~-o`N Densit Residential ~
,
lot d.8 duiac
__...._ _ _
. ;
____........._.~
_ ....__ __._._.~ _
_ _~_._______ __ . _
• 4-uni# Clusters _._ _ ... ... .. __
111 du ___.
2 _
_
6.9 c1~a;~a~
____e 15.4 ;
__~_~ _._, Med~um Density Residentiai
_......_...._
_ -
+ Sn~all LottAlley ~_.._..~..
`~~ d~ _~ ___----~....~____µ.
3 ~_~ r~~~~c 11.1 ~ ~~dium Density Residential
Loa~~d
~ ~ __ _~._........---
~_ .,~___._
Sub#otal _
C 45T du _._...... _._ _. _.__. . _ _._
~ ~ _.._ .__.__.__._ __
---~__..._...__ __
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____ ~ __ _.~ _~..._~..
A#tached - Multi-Family 8~ _
Mixed Use
~
_ _.___........._ _
____ __ ~_ __.~
« 3-s#c~ Tnwnhames
~' _.__ _ __ ~ _ _. _
126 d~i . _ .~..._.._____..__
4 ___._. _ .
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; 9.3 Medium High Density
~
;
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F2esider~#i~l
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• 3-story Towns ~...._......._.. -i
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i 5
6 Mediurn High density ~
wtFlat 92 du ; 5 14.1 du!ac , Residential
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---~_.........__
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• 3-story Towns ; ~
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6
6 NeighborhoodNillage
Commercial
ons
~ve-wor
~_.._.._._____._.~...._..__.._ ~ .....
• Loft over Retail ...............__._.~_____.
14 du __ _.
6 __ ____
15.9 du?ac .
~ {Mixec4 Use)
Commercial)
...._~._,.,........_,,.._....__._
~___ _._
.._....~_.~ -
.-.-___~..~.._,_.._....__._, _____._~..~_
Y__.___.__...____........._.
E suatfl~~i
___._. _.__ 32~ a~,
_._....._.
.__._ ~_._..._
-
....~.....__.
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--_ ___ __.._
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i 7'otat 780 du , 8.21 duJac . 95
Neighbc~rhvod 1: Neighbt~rhood 1 is located nc~rtMeast af the open space corridc~r and the
neighbflrhoad park. This n~ighborho~d includes detached single family homes. Traffic
cir~ula#ion connects through tca the Cantara neighbarht~ad af the Positan~a project to the north.
Neighbarhoc~d 2: Neighborhoc~d 2 is located along sc~~athwesterly side of the open space
corridar. These lots are arranged in clusters flf 4 hames with vehicular access fram a shar~d
private driveway {side-loaded}, The Clusters are arranged with abutting rear yards with
adjacent lots ta maximize #he distance or setbacks between building area. Side-Ic~at~ed units
abutting common space or open space have pedestri~n access ta a series of paseos.
Neighborhaod 3; Neighborhood 3 includes a{ley-loaded home~ situated ar'c~und common
private open space area. The homes in this neighborhflod are arranged to face a series of
common landscaped areas while taking garage access fram an alley (rear-loaded}. To
maximize privata yard area between the units, a~ljacent properties are granted an easement
extending within the sideyard set back to the wall of the adjacent struc#ure.
Neighborhaod ~4. Each of The 126 3-story townhc~uses is located within on~ c~f 24 buildings. A
common area greenbelt runs thrc~ugh the center af t~eighborhaod 4, Buildings face either ontb a
common landscaped area c~r a public street.
Neighborhoa€~ 5: 19 3-story buildings (Buildings ~9 through 44).
Nei~hbarhood 6. hleighborhood 6 is the 6.6-acre Mixed Use camponent along the south side
af Central Parkway surrounding the Neighbanc~~r~d Squ~re. The M~dium High Density
Residential use is int~r~deci ta liven the neighborhood center and provide retail use or loca!
seruices. The are~ is planned far 91 units within 15 3-story buiidings {Buildings 45 thraugh 58)
in the sam~ ct~nfiguration as those in Neighbc~rhaod 5. Buildings 59 and 60 would be built as 2
3-s#ory buildings.
Pa~e 5 t~I`2~l
~~~ ~~~
Archi~ecturai St les ' '
Y
Jordan Ranch is designed to reflect a time when simp{e farmhouses, cottages, and barns were
the predominant structures among the rolling hillsides. Th~ design intent is to create a
community that touches upon the history of the site. T~ accamplish this go~l, a palette of rural
architeckural styles havs been proposed including: A) Farmhouse, B) Cottage, C) Shingle, D}
Folk Victorian, E) Italianate, F), Calanial, and G) Rural Contemporary.
Architectural s#yles throughaut the neighborhoods c~f Jc~rdan Ranch shall be guided by the
follawing features:
• Architecture shall be simple in massing and form and pravide visual interest.
• Architectural ~lements and materials shall be mixed and m~tch~d among elevation styles
to provida v~~-iety.
• Color palettes shall be bc~ld and appropriate to the style
The following is a description of the praposeci architectural stytes.
{Aj Farmhouse - This ~#yle is u~ed in all k~ut I~eighb~rht~od 6 an~ is distinctly different in its
use between the single family detached units and the multi-fiamily attached units. Roof
forms are stee~ pitched gables with she~ raof lifts and metal accents, including metal
gutters. The Farmhouse style includes many af the wood theme architectural elements
for ,Jordan Ranch such as baard and batt siding, narrow 1ap siding, ve~tica( bead board,
and ~rick and stone accents, Gable ends may be embellished with angled wood barge
rafter, board and bat#, or lap siding. Windows are vertical and may have detail shutters ar
be suppartacf by wooden corhels. Porch column may be a double woc~dEn post or sq~aare
woad cc~lUmn supported on a stone base. Upper balcony r~i(ing may be wood past or
met~l.
(B) ~'attage - The Cottage style incorporates square or re~tan~ular forms using gable roaf or
modified hip covering a gable end, Roofs are accented with dormer sequences and
exposed rafters. ~~ble ends may be embellished false vents. Exterior finishes use
stucco with skone veneer accents t~r narrc~w lap siding, Qn some plans, board and batt
accents are useti an upper I~vels. Square ~vaad~n ~olumns suppa~t porches, and
windows are heavy framed. Bay windt~ws may be supported with a vertical bead board
base.
tC) Shingle - As its name implies, the featured exteriar material of this s#y!e is a waoden
shingle. This style uses a gable raof form with hip or shed accents. Aiternative exteriar
material inc[udes narrow Eap siding as a variation. Diamond shingles may be used ~o
embellish the c~a~le ends, ant~ dQrmers may be ~rched or rounded. Exteriars may
incorporate a round or c~val accent windc~w. This style offers the mos# variety in porch
enclosures, railings and columns including iow stane wa11 with brick trim or w~od railin~s
with crossed pickets. Porch columns are shown as round and classic, or square and
wooden. Bay windows may be framed by wc~oden box or accen#ed by eorbelled pot
shelves.
{D)Foik Victoriart - The fcalk Victc~ri~n uses a gable rt~of form with hip or shad accents, and
dormer windows. Exterior material is intended to feature wafld thrQUgh hnrizontal lap
siding, axposed wooden barge board rafters, heavy fram~d winclows and doors, wood
Pa~e fi c~f 20
~ii ~~~-
box bay windows, and woad pan~led shut#ers. Porches are suppc~rted by round fiberglass
columns or panei coiumns. Wooden railings with crossed pickets may be used on the
upper decks. Other enhancements include louvered gable ~nc~ vents, louvered shutters,
and round accent windows.
(E) ttalianate - This style uses a hip roof with finished eaves anci metal gutters. Exterior
finishes ineiude s#ucco and wide lap si~ling. A~I other elements are vertical in the form of
vertical doors and windows with he~vy trim and carbels; waod porch railings with vertical
pickets; and classical, round fiberglass porch columns. alI decorative chimneys are brick
clad with a me#al cap.
(F) Co/onia! -This style is used only for the clust~r arrd alley-Iaaded products in
Neighborhoo~s 2 and 3. It f~~tures a gable roaf with shed racaf lifts, finished eaves, and
dormer sequences. Windows have mullions in the tc~p porkion of the panes and may be
supported by a woc~den box base. Exterior materials include wide lap siding, and
porches are supported by d~al round posts with a decarative crc~ssed detail.
(G) Rural Contempor~ry - This style is used in all three neighborhoods of multi-family
s#ructures. The roof pitch of the gables appears fower and more contemparary than the
traditional styles, ~nd the windaw pattern is more modern. It utilizes separate base
~lements for the ground floor in order to emphasize non residential elements. in additian
to siding aecents ar~d different cc~l~ar sGhemes ~pplied to various face planes, this style
uses the most stucco on the exterior than the other styles. Up{~er levels maybe accented
with ve~tical siding and decc~rative deck or balcony railings.
The following table illustrates the architectural styles used far each neighborhood:
Table 2: Archi#ectural Styles
Detached Single Family Residential Attached
_ _.._.__..
.
~.........._
Neighborhond 1 ~ ~..~_~-~~._~.
Neighborhoad 2 ~
Neighborhood 3 ...
.
~~~~~~arhood 4&
Nei hborhaod 5 Neighbarhood 6
204 sf min.
5
~lus#ers Sma11 Lot 3-Story
Townhauses (and 3-Story
Townhauses wl~iat &
, lAlley Loaded
. w/~latj
. Loft abave Re#ail
_........____
{A) F~rmho~se __.._
(A) ~armt7ouse _~.. ~._~__
__~
(A} ~armhou~e
_.._...~,._ (A) ~armhouse
~___~_.~ . V m ._ ______. ~ {G) Rural Cont~mpor~ry
~
(B) Cottage .-
(B) Cottage ___.._
(B) Coktage ,
(G) Rural Contempora~y ~
~ __~_.__
(C} Shing-e ~_~_........,~
(C} Shingle _
{C} Shingls
.
~ _ ~ ._.~. __...~
(C?} Folk Victorian
_.. _.~
(E) ltalianate ~
_ _ _ __. ._._ ~ _ . _., __._
_
tD) Fc~lk Victarian
-._~ _.___. ......._... ... ....._._. _.__~. ~_...__. _.__
4,fl~I0 sf min. (F) Coloni~l (E) It~lianate ___
all af the above + ~ (F} Cal~ni~l __~.._~
(E} Ita(ianate ~~~ ~ ~
~'age 7 o~f 2t7
qa ~~~~
Development RegulatianslStanc~ards
Lot Size - Minimum fot sizes for sach of the neighborhoads are shown in the Develapment
Standard tables and discussed under the descriptian of the neighborhaads, below. In most
cases a larger minimum lot siz~ is provided for corner lots.
Coverage - Caverage standards are consi~tent with the standards adopted with the Stage 1
Planned Development Rezone for the Fallon Village Prt~ject Area. Th~: maximum lot coverage
ranges from 45% to 55°l0. Cluster homes in Neighborhaad 2 and the Smali-Lot Alley-Lc~aded
homes in Neighborhood 3 are allowed 5~~/o coverage. Coverage for multi-#amily units is
cantrolled by setback and compliance with on-site op~n space and ~arking.
Building Heights - Single Famiiy t~om~s are limited to 3~ #eet in heigh#. Third stt~ry rooms are
aliowed, but must be tucked b~low ~he raof line in attic space with roof dormers or gable end
windows to provide verttilatian and light. Multi-family buildings shall be limited to three {3}
s#aries and fc~rty (40) feet ir~ height. Mixed Use buildings shall be fimited to three (3} stories and
forty-five (45) feet in hei~ht.
Porches and Decks - Pc~rcY~es and decks are significant elements in reducing the appearance
of building mass and providing private exterior space. Porches ~nd decks are significant
architectural features tt~ canvey a ane-story element used to reduce building mass with its
interface ta the streetscape. Therefore, the f~llowing standards are applicable to parches and
decks:
. A minimum of 40°/a c~f the singl~ family homes must have porches.
• Porches and decks shall be designed to reflect tFae apprapriate scal~ and detail for the
archite~tural style they are assaciated with.
• Porches shall be a minirr~um af four {4) fe~;t in depth so that they are usable to the
homeowner.
Porches or decks covered by overhead ~uilding area are considered in the calculation as lot
coverag~.
Private Upen SpacelY~rd Ar~a - Private apen space is required for residential produc#s. The
Develapment Regulatic~r~s est~blish the minimum area and dimensions for that space. All
detached uni#s have a private yard area. For multi-famiEq units, private open space may be
satisfied by patios, balcc~nies, or decks. Private apen space requirements are shown in Tabie 3,
befow.
Tabie 3: Private Yard Area
__....,._ _ ~.a . -----__
Nei hborhood # and T~ Minimum SF Minirnum ~imension
__ ~.. ~...~.. _._ . _ _._-___-~
1- Single-~'amily pe#ached 5fJ0 sf - level ground area ~.~ ~ 10 feet
._. _......~_ .~. _. _--~
2- Clusters - De#~ch~d"` 4~D sf - level raund area 1$ feet, q
____. ~.__~.............
3- Small-LotlAlley-Loaded 400 sf - IeveE ground area 18 feet ;
- Detached"' ~
~.. __.~......_ ..~.
v_~___.._... ~ _~.....~,. ~. _ _.____....._... --~
" Medium Densify Residential
Per Stage 1 Dev~lopment Standards for single #amily det~ched subdivisians in the Medium
Density Residential zane, a minimum of 50% r~f the hc~rnes must have an exclusive private yard
~rea at a minimum of 400 square feet. The remaining 50°!p may share that arnount as an
all~cation of cammt~n ~rea. This ex~lusiv~ private y~rd requirement is satisfied by the 111 units
{54°l0) in Neighborhood 2 (Clusters).
~'a~e 4 of' 20
~~ ~~ l.~~ I
The 94 units (46%} within Neighborhaod 3(Smail-LotlAlley-LQaded) are configured with a
sideyard easement as discussed in the Site Develapment review section belc~w which allows the
dimensions of the private yard area ta be maximized. The result is that private yard areas are
provided which is difficult to accc~mplish on land designatec4 far Medium Density land uses.
Neighbarhood 3 has al~o been designed with active and passive common areas to satisfy that
requirement.
Parking - The project parking standard adopted with the Fallon Viilage Project area is based an
the City's Zoning Ordinance:
Table 4: R~+~uired Parkir~g {f~~r Chapter 8,76 City af Qubiin Z4ning Ordinance}
_......___. ~~__._.
Parkin~ - per unit: , _.._. _..__._
Parkin~r
_
._. -.~ ~ -- _
Guest Rarking
_ __._ ___
_._.
Sir~~le family unit _
r._.....w... . _._ ~ ._
~ cowered spac~s ~ 1 s~ace rraay be r~n str~~t
( Mult~-family tawnhQUSe or 2 covered spaces 0.5 spaces {may be an
Lcondominium unit street ~
Each unit is provided with a minimum of two covered spaces.
Guest parking spaces are primarily pr~avided: 1) curbside along the ~ubiic streets; vr 2) within
common area such ,as alley ways, matorcou~#s, and private streets. Guest parking on public
streets or in comman ar~as would not b~ assignable.
The parking space figures in th~ follc~wing table reflect the plans submitted vvith the applicatian.
Table 5: Parking for Jor~lan R~nch by Neighborhaod
Neighborhoad Uni#s R+~quired Spaces Pravided Spaces
in le Family
~~. _ _
Cz~ve~ed Guest ;
;
1
_..._ .
_
~ ~
Thtal
Req'd
~~
' Cc,verpd
for Uniis
___._...._.. _
on-street
{public) Guest
..e.. b~...~_w~_~~
r~n NaA
{private ~
street) `
__~._..
Total
Gu~~t
uest!
Unit
ota1
Nei hbofiood 1 252 5Q4 252 ~ 756
_ 504
___ 442
__.. _ . _ _ _ __ 0 ; 442 1.75
~ _ ~ 94S
____
_.~_
Neighborhood 2__
_~. _. ___
11 ~! ._. .
_ 222 i 11 ~ 333 ___. ~2~ "12t3
__. {7 128
~.__.__ 1 15
__ 350
-.........._.__
Neigt~borhood 3 94 188 J4 ' 282 188 80 5D 130
... 1.38
_. 318
--... .
MuMti-Famil
Y ....~
Nei~hborhoad 4_
126 _
_~.
252 ~
~
_
~ b3
315 ~~
_-- --~- ..._
- 252
~..
97
29
126
~
_. ~.
1.00
_
37$
Nei hbOrhood 5
~ ~2 18d
- 46 230 1$4
__ ~7__
_ ~ 57 94
_. i.02
_._._ 278
_
.
Nei hborhood ~i
_..~
10~
_._ . __
_ ~ .
210
_ .
53 ;
263 ~
210
99
34
~
133
_ 1~27
343
__...
TOTAL 780 __
~
'1,560 _
_
619 _
2,179 ~ 1,560 ~ 883 17U 1,053 1.35 2,6i3
Nofes:
(1) Covered Spaces provided include apprc~ximately 30 tandem spaces for stacked flats and walk-up tawn houses
in iVeighborhoc~d 6 and approximately 31 tandem spaces in Neighbc~rhood 6.
{2} The guest parking requirements fnr Neighborhoods 4, 5 and 6 is 0.5 stalls per unit. Guest parking is g~eater
than twice the requirement.
(3) 1,fl53 guest parking spaces for 78fl u~iis = 1.35 guest stalls per unit for the praject.
{4) Parking requirement does not include parking requireti for grouncl flpor retail space which could amount to an
additional 40 parking spaces to serv~ the comrnercial uses in Neighborhood 6. However, sufficisnt excess
guest parking would satisfy tha# requirement.
Traffic/Circulation - The Jord~n Ranch project would be served by three primary roadways -
Central Parkway, Fallon Road, and Positano Parkway. From those entry points, traffic is
directed onto one of 17 new residential collector streets.
P~~ge {) c~ f 20
~~~ ~ , ~~ ~
~
Streetsca~~ - The stree#scape theme includes street sections; righ#-of-way configuration and
treatments; skreet tree and setback plantings; all forms of entry monumen#s; the hierarchy of
fiences; speciafiz~d hardscape ~nd p~vir~g; and stree# furniture. Additi~nal landscape designs
include: plantings for typical priuate yard areas, common area landscaping, linear parks, and
open space corridor trails all consistent with previt~us Stage 1 PD approvals.
The Planning Commissic~n Resolutian recommenc~ing appraval t~f the draft Ordinance ~ is
included as Attachment 1 wi#h ~he draft Ordinance included as Exhibit A to Attachment 1.
S1TE QEVELC?PMENT REVIEW
The Site Development Reuiew plans and mat~riaEs are included as Exhibit A and B to
Attachment 2~Je~rdan Ranch - Stage 2 Submittal • Site Lev~lr~pment Review and Planned Unit
Development Tract 8024 Jnrdan Ranch}.
Architectural ThemelQesiqn Goncept - While the design car~c~pts are traditional or
cantemparary interpretations as detailed, afl styles aee intenderi tn reflect the simple farmhouse
and cottage theme of the community as a whole. The simplicity of the structures is the key
element for invaking this theme. This architecturai style does nat have much arnamentation, but
would rely on form and materials. Pitch breaks, dormers, lifts, and drapped plates enhance the
simplicity of #he massEng and are features common to the s#yle. Afl floor plans for the single
family detached homes are twa-stories,
Each home wauld be a~ticulated so that the massing of the streetscape has variety and interest.
As part of the SDR, t~is enhanceme~t is applicable to all frc~nt elevations as well as street-facing
side alev~tions, c~rner lots, rear el~vations that back onto open space c~r public streets, and in
ather high visi~ility Ic~cations.
Neighborhac~ds - The following is a description nf the ht~using prc~ducts and architectural styles
currently proposed far each neighborhood in Jordan R~nch. A tota! of 28 flaar plans are
available within th~: six neighborhoads c~f Jordan Ranch with aptions or variations on some
plans. Table 6 below is a summary of fl~flr plans.
Neighborhood '1
~.ats 1 thraucth $~ (5,20Q sf minimum lot size~
~Ic~or Rlan~: 3 Pians
Architectural Styles: (A~ Farmhause, {B) Cattage, (C) Shingle &(Dj Foik Victorian
All #hree plans offer rear iiving roam, front quarters for c~ffice or bedroc~m, and ground floor flex
space accessible from the garage for stc~rag~, #andem parking, or additic~nal living space. Plan
3 is the largest at 3,374 square feet, and Plan ~ is the smalfest. For homes on both size lots,
#he difference fram the largest plan ta tE~e small~st is less than 400 square feet. (See Exhibit A
to Attachment 2, 5,2~C~ SF tab)
~ots 81 throuqh 252 (4,000 sf minimum 1ot size)
Fl~or Plans: ~ Pians
Architectura! Styies: {A) Farmhouse, (B) Cottage, (C} ShingJe, (D} Folk Victorian &(E)
Itaiian~te
C?f the five floor plans for this subdivisian, Plan ~ is the largest at 2,575 s~uare feet, All hav~ 3
bedrooms, and a!I but Plan 1 are confi~ured with rear living areas. A difference af less than ~50
Page 10 of 2E)
~5~~~~
square f~et separates the smallest from the largest (See Exhibit A ta Attachment 2, 4,200 SF
tab).
The features far each siyle are described above. One commc~n eiement for all of the units in
Neighborhood 1 is a front loaded garage. Strategies to enhance the design and minimize the
impact are to recess garag~s anci provid~ stylized carriage dc~ors.
Neighborhaod 2:
Ftoor Plar~s: 4 Plans
Architectural Styles: (A} F~rmhouse, (B} Gotfiage, {C) ~hingle, {E) Italianate &{~) Colonia!
For all four plans, bedrooms are Eacated on the secon~ floar. The cluster arrangement allows
buildings to be placed on fihe perimeter of each grc~up of 4 so that yard areas abut each other
away #ram the living space.
With the g~rage access frc~m a private driveway, these units emphasize the front porch. Two-
s#ory coverage is confined to the area above the first floor living space. There is no propased
two-story efement over the g~rage; there#ore, where units are closest to each other the single
story ~lement ofi each garage is adjacent to each o#her. This allaws aciditional visual separation
and significant additional light and air between lots. Plans 1, 2, and 3 feature a decc~rative brick
chimney. (See Exhibit A tt~ Atta~hment 2, Clus#ers tab)
lVeighborhaod 3:
~loor Plans: 4 Plans
Architecfiural Styles: tA) Farmhouse, (B) Cottage, {C) ~hingle, (Q) ~t~lk Victorian, (E)
Italianate & (F) Gcalonial
Other than the lafts in the Mixed Use structures in Neighborhood 6, the homes in Neighborhood
3 generally are the smallest af the n~ighborhood's detached units. Pians 1 and 2 have 3
bedraoms, and P[ans 3 and 4 have 4 bedroams. (See Exhibit A to Attachment 2, Small Lot
Alley tab)
Because these hames are aliey-loaded, ~[I front elevatians praminently f~ature front porches.
Alley-facing elevatic~ns are fully treated architecturally #~ar the fuli two stories, However, garage
doors ar~ simple. Elevatic~ns on the shared wall provide no gr~und flc~or windows for maximum
privacy, but do have small higher windows on the second Mevei. Plans 2, 3& 4 feature a
decorative brick chimney. Side yards rang~ in size depending on units placed adjacent to each
other. The minimum dimens+an is 10 feet.
Neighborhood 4:
Floor Plans: 3 Plans within 4-plex, 5-plex ar 6-plex k~uildings, and end unit aptiQns fa~ Plan 3
Architectura! Style: (A} FarmhQUSS &(G) Rur~! Gr~n#emporary
~f #he 3 floor plans, Plans ~~nd 2 are interior units, and Plan 3{the end unit) has an "a" or "b"
option. Access to 2-spac~, tuck-under garages is taken frorn a system of private driueways with
one bedroom and bathroom at the grc~und level. The living rflom and one bedroom r~r den is on
the second level with the ma~ter bedroom and the fourth bedre~om (depending an the plan)
l+acated on the third floflr. Afl units are waik-up unless specific uni#s are designed to
accommodate handicapped access, All units face either a common area or a public street (See
Exhibit A#o At#achment 2, 3 Stary Towns, tab).
f'a~e l l a#' Za
q~ ~~l
~
Neighborhood ~:
Floor Ptans; 6 Plans (inciudin~ ~ive-work options, walk-ups, and stacked flats) within 4-plex, 5-
plex or 6-plex buildings
Architectural Style; (A) Farmhouse &(G~ Rura( Cont~rr~porary
Six plans are designed as 3-story townh~uses with a ground floor Live-Work op#ian (with ground
floor separate entry and bathraom), second and third story walks-ups, and stacked flats on the
upper levels. Like Neighborhoc~d 4, the buildings in Neighborhood 5 a~e arranged as a 4-plex,
5-plex or 6-plex and have ground-level, tuck-under, 2-car garages. Some u~per level interior
units are served by a tandem space garage. Access to the garages would be from a system of
priva#e driveways. As with ~leighborh~od 4, buildings face either onto a common landscaped
area or a public street. {See Exhibit A to At#achment ~, 3 Story Towns/Flats, tab}
N~ighborhQC~d ~i:
Flaor Plans: 6 Plans {including Liv~-work options, walk~ups, and stacked flats) within 4-plex,
5-plex ar 6-plex buildings + 2 Plans for Lafts with Live-Wc~rk options
Architectural Style: ~G) Rur~l Cr~ntemporary
The area is planned for 105 units within 15 3-story buildings. At the intersectian ofi the Central
Parkway and Neighborhood Square, two buildings, each facing the Neighborhflod Square in
opposing directions, h~v~ 5,000 square feet ta 6,O~fl square feet of ground fioor commercial far
a totai of 10,000 to 92,000 square fieet. The second an~ third fla~rs of each building toge#her
wouid accommodate 14 r~sidential lofts in one af #wo flaor Plans {Ses Exhibit A to Attachment
2, Mixed Use/~af#s, tab).
Table 6: Flc~~r Plans - U~ti# Summa b Nei Mborhoad
Living
Space
; sf}
Garage
(sf~
Porch
Deck
Govered
_
De~k
Uncovered
Bedrooms
Baihs
~ptions
No. ot
Units
~ Neighborhood 1 m_.
_____~ .. __
___ .....---
__~..._ ~
~ ..~..
..
__~.__~.._
_.._..
5,~00 sf ~.ots
~
_ ....... ~
._.._ ~
-___
.~ _._. ~
__...._._.
~ _.._..._._
Plan 1 2.994 W_..._._
6 i~ ~ _~_.... e_..
45-22$`~ Q 0
e.. ~b
~ 3t~
.
_ 24 ....
P1an2 . ._._
3,141 _~_~
620
~~_
31-168" ....... _
~_
-_
U i ~_.___._ ,__
~_ 4b 3.5b ...__ __.28
_
Plan 3.
~ _
_
_. .
_ 3,374
2~
~~-184*~__..~
_..~..
~ `
~....Q
b
.bb. ~
..._-
28-----
. ~. ~
_ ~ ;
. Su f~total
.~__ 80
_~.~.A. __
4,DU0 s.f. Lots _~._a...~__
.
...
__~__
_.._.o.~
. _.
_..
..._~..~__
._
Plan 1 2,226 419 ...
.
'153-192'~ _ 0 _,__ 0 3b {4b o~t1
_. .. ..._ 2.5b
~ __ __.
_ + loft' ~
. . 34
Plan 2 2,271 437 38-137*'" ~ 0___ 3b ~b o t 3b „ + den' ~
- __-._ 34 ,
-
Plan 3 ___ ._.
2,359 430 M '~S4 ~ 0 0 3b {4b opt~
_ 3b
____.._...._ + den' 3~_y
. P1an 4
_ _
2,492
~ ___
437
, 31-1 `L6'*___t
_ 0 .
0 ~
s
_ 3b {5b opt)
~,._3b + loft and
den`
35
__
Plan 5
2,57,5
d2t7
_
,
922-221*' '
W
0
0
3~ (5b oP,t) i
3b _ + lofi and
_. den"
35
. _, ; Subtotal 172
Nei~hbo~ hoad 2
....
. j
_
w.__
r ._
__
4 Uni# Clust~r
_ _~ . _._..
__ ._~ ~
Plan 1 ~__.._
1,595 _.__
~l~~J _
17$ _n a.,_._._
0 _.
_._...._~ 3b 2u5b
_ ~ 27
-.~d__._
Plan 2 _..._w
1,718 __
441 ~ 104 __ Q _.~ ~ ~b _.._.2.5b ~ ~. 28
Plan 3. . ~>958
_ ` 431 19-121"
_ __.4 ~ 0 Ab
~.. 2.bb_._.., ~'8.__s
Plan4 2,111 ~66 62-152" 4 d
_ 4b
_ _.._. 3.5b
_~.__- ._?8 ~
. ._....._. ____.._.._ _ 111
' Ner~hborhood 3
..
Smail ~.ot Al~e
~
._.~._ _...
.~
.
..
______
_
_.~,_
..._
...
_ _..
___. ..._ _
~ Plan 1
~~............_ 1.51t7 4~1
._ 130 151*
,_...., {~
~.... _
~
.... .,.______~ 3b 2.5b
. .._.._ 31 ~
Plan 2 1.647 451 174-37d"" D ., 0-374" 3b 2 5b ;__
v 15
~. ~_. _ _
Pian 3
_ t,86~ __._-
489 21-169`} ~.._~~_. (}
--- Ab __ 2.5b i
32~
~a~e i2 of 20
~~~~ ~
_ _ __
~ ; _____.
~ E
~_
____
~
_
€
_.
plan Z ~ti~ 3rd
~
Plan ~ ~ ~31 451
'~ 172 374" _0 ,
_ . ~ 0-17`L~"` ~
- ____. 4b ;
--.. _. 3 ~b ~
. flr
~f- ..~._.__ _ ~b
.. _ ._, _
.
,~..,...~.
~ ~
_
; . .
__~.
~.
~
_
,
<
5ubtotal
94
Nerghborhood 4 ..~_ ~____~__.._.......... _
_
_
_ ...
_...
..... ..
"
--......._~
__. .. _._.
3 Stary Towns
_..__ _... _..._
.
_._._.._._ . -
._ ____ . ....
__ ..
__ . _ _____ i
_ . _
~~_
..._.~~~
Plan 1 i 1,862
~ ~ ~65 3CJ-50"* 4U
.._.__ 57-65*`
.~ am 3b + c~en
_____....~._._ 3b 3 sto 36
- ......
em.. ~._
~ __.
1 963
Pl~n 2 .~
454 __._ .
34-130" 0 38-59` Ab 4b 3 S#Ory 42
~
Plan 3a 2 105
_ . ,
Pian ~ib ~ 2 155
_
_ w ...~_~
463
451
~ .._. ...~~
85
42-56~"
.._ _..._._
0
__..._.....~?.~.___ _
107-1t~9'~
..~~~~_
107-109" _ _._. .. .
3b
._. _-
__ 3t~ ~ _._
3b
- --
3b
____ .
3 sto end ~
-~--
3 st~ry Pnd !
~ _~
24
24
_.__. . . _
__.. ,~.. ~ _ Subtotal i 126
Nei hbarhood 5+ 6 f
_~ ~~_
_..~ '
__.~.._,
~
-_._.
~~ _._..._
3 Star Towns w/ Flats .
. __.~_.
_
_ _
_..... i
...__~
....,.... _ ~ ~
_. rY
3 sto end ~
Plan 1 1,691 5$9
~ 69-74"~ _
..
~~..... $~._ .._ .
_.
.~_..~.?b,_ ~_2,5b.._ (tandem
_ 9
___--
_
Plan 2
_... _
1,727
s. _
~
497
~
W._k _.
~~1~6-~27'*
r._....._ _
.
_
~ ~
......._.~.__.~.---.-E 2Q7 242**
'"--~----_.._......... 3b ...
_ ,.._ 3b 2 sto_ry_end
. 61
j 1 „flat"
Pldn 3 1,$24 540 43-46" ~ ;
.
. 7b 2b ~+ d~:n
~__._~. 2b
. tandem _,_61
_._~._
~lan 4 1,781 474 104-146"` _...~..,
.
Q ' 164-171" 3b
_ ~. e.v __ 3b
_.. _ 3 st6
__..~.._ 17
Pl~n 5 1,9fif3 __._. __
47~ _._
70~ ~ _164-171"` 3b + den
_~
_....._ 3 5b
_._ .. , . 3 sto
_ 26
~.
Pian 6 _
1.962 __
__
478 __
__....
75 _~..
_.__
0
u 75
._
....~
., .
3b
~_.~_........ ____ 3.5b 3 story end _. .._...__.__~.......
___ __:_..,_.,_ ~..~ ~. ~..
_ .
. Subtatal 183
Lafts l Ftetail Units
.
_._~_. _._
_.
_.
______
_ _
Plan 1 1,320
`~66 _..._._.
d 0 _._
472-481" 2b 2b ._..... ~d __.;
__ _._.~
Plan 2 1,d5~ d60 _ .. __ _
Q
._ ~
0
~ _
515
~ .
_.~.
2b _
2b
_ _
end urnt 1
4 ~
_ _
_.__.
,....
; ._.-.
. ___ ...
.. __
._
.
~.~----
~
F _.
Sut~iotal __
_ ,
~- 14 '
_
,,~-___~
~ - _
_.
__..__...._.~ _
----__
~, _..~. L ~
_ i TataL 780 I
Plottin~ - The Applicant has provided a"fit list"` related to each ic~t for the cfetached units in
Neighborhoods 1, 2& 3. F2ather than plot a designated fioar pian for each lot, the lists identify
how each flaor plan for those neighborhoods compiy with coverage requir~ments on any lot.
The purpose af allowinc~ this fiexibility enhances sales and marketing, and the ability to plot any
house on any lot will add a more distinc#iu~ lac~k to the neighb~rhood and eliminate the
repetitious Ic~ok of many subdivisians.
To maintain sufficient diversity alang fhe street scene, #his pravision would b~ ~Ilawed within the
parameters listed belaw. As individual plot plans are submitted for each phase of development,
the Applicant also shall provide a mas#er pEr~tting plan for the previous phases ta ensure
compliance with the followinq:
- Any singCe floor plan may no# exceeci 40% of the subdivision.
- Individuat floor plans may be plaeed next to eaeh other. Hawever, only two of the same
individual floor plans may be plotted next to each other v+.rithaut being interrupted by a
different floor plan.
- If #wo af the same individual floor pf~ns are plotted next to each other, the same
individua! floar plan may not be plotted acrc~ss the street from the two.
- In no case will th~ same architectural elevatit~n or cc~l~r scheme be allawed next to or
across the street frc~m each other, unless th~y are a different individual floor plan.
GANDSCAPE ARCHITECTURE
L.andscaping/Landscape Ptan & Concept, Upen Space & Plant Ma#erials
A conceptual landscape plan has been s~abmitted_ These plans include a palette of pMant
materials. They also address materials and planting plans withEn entries, streetscapes,
setba~cks, and cammc~n areas. They also are c~nsistent with the Lands~ape 8~ Open Space
F'~~e 13 of 20
r~~ ~ ~~l
~
Guidelinss/Standards of the Stage 'I Planned Development Rezone for the Failan Villag~
Project area. The pi~nt palette emphasizes the rural farmhc~use town theme and emphasizes
the use of drought talerant native and non-native plants. AlI shrubs and groundcover have been
selected for compatibili#y with the use of recycled w~ter for irrigation.
~andscapeJStreetscape
The Landscape plans submitted as part of the Site Development Review includes typical pians
fnr planting and hardscape ma#erials for each residenti~l r~eighbc~rhood, design and hierarchy of
enfry monum~nts; fences; the pedestrian bridge; speci~Eized hardscape and paving; and street
furniture (Exhibit A to Attachment 2, Typical Landscape T`ab). Addi#ional landscape designs
include: plantin~s far typical priv~#e yard ~r~as; common area design; a concept of landscape
materials, hardscape, and facilitie~ far active and passive recreatir~nal use; linear parks; and
open space corridor trails.
Entries
A hierarchical system c~f manuments within the setback areas has been designed for the entry
points of Jordan Ranch ta iden#ify and introduce the community image and enhance the
architectural theme (Exhibit A to Attachment 2, Community Entries Tab). The monuments
would be constructed as an entry gateway ar stone clad mc~nc~lith with logo and cap. The
designs reflect the ranch character while complementing the existing entry at the adjacent
Pasitano project tc~ the north.
The Primary Gateway Entry would b~ an illuminateci ranch roof s#r~cture, 18 feet high, t~n a law
s#ane-ciad base. Second~ry gatev,ray entries are illuminated beam s#ructures, 12 feet high on a
narrower stone-clad base. Mt~noliths wauld range in height from 15+ feet to 4+ feet with th~
lesser manuments identifying nei~hbarhaod bc~undaries.
Central Pa~kway would be improved with a 15-foo# to~ 6-foot wide landscaped median consistent
with the d~sign of existing improvements to t~re west.
Cammon Areas
Neighborhoods 2, 3, 4, 5& 6 a[I have common landscaped areas. Schematic plans have been
provided that sF~aw landscape materials, plant~rs, sidewalks, paseos/cannectians, linear parks,
and active and passive recreation facilities. These recreation faciiities would include multi-
purpase iawn are~s. Given the small lat configuration, Neighbonc~~od 3 pr~vid~s mc~st of its
open space through common area. !n addition to the lawn areas, facilities include a tot lot and
picnic ar~a. The open space corridor and trail system also serves as recreational area.
Walls & Fences
A hierarchy of watls and fences has been submit#ed with the developmen# plans (Exhibit A to
Attachrnent 2, Secti~n L2, Fencing tab). The pfan identifies the location and style of all fences
~nd walls along all stre~ts and betw~en proper~ies.
Street Furniture
The plans submitted alsa include exarnples of ~#reet furnitur~ iterns which wauld be insta[led as
part of the impravement plans in pubCic or common access areas. Typical items are shown on
pages L7.2 and L7.3 of the rivetec! book {Exhibit A to Attachmen# 2).
Pa~~e l 4 of 2(J
:~~ ~~ ~~~
~
(~ther Site ~euelapm~nt Revi~w Itert~s
Traffic/Circulation - Ail streets within the proje~t will be public streets and ali alleys wiii be
private.
Corridors Trails & Pedestrian Circulation - The praject has been designed to accommodate
pedest~ian usage. A significant feature of this Prc~ject is trail system along the open space
corridor which includes a bridg~ conne~cting the Neigl~b~rhood Park adjacent to Neighborhaod ~
along the northwest side of the corridc~r tc~ the Medium C7ensity Residen#ial, Medium High
Density Residential, Mixed Use, and Neighbonc~~od Sc~uare Village area to the southeast. The
trail runs along both sides of the open space cnrridor with a pedestrian bridge crossing the
natural drainage way and cannecting Neighborhoads 1 and 2.
Public Ark - The praposeci project is subject to ~pplicable provisions of Section 8.58 of #he City of
Dublin Zoning C}rdinance which estabfishes requirements for installation by the project
developer for public a~t on the project Site, This requirement also is stated as a Condition of
Approval fflr the Site C7~velopment Review.
Stormwater Management - An '11.1-acre parcel at the sou#heast comer nf FaNon FZoad and
Central Parkway wauld be used as a water quality basin in compl~ance with current water quality
standards. This par~~l is within the open space corridor.
TENTATIVE TRACT MAPS - At this time a Master Vestir~g Tent~tive Map {Tract 8fl24) is being
requested it~r Jordan Ranch. The Master Vesting Tentative Map callectively inc{udes each of
the units within each of the nei~hbnrhoods.
Master Vesting Tent~tive Ma~ 80~4 creates 252 Iots with a minimum sizes of 4,~00 and 5,000
square feet for single family de#ached homes ~Neighbarhood 1), 111 lots fior detached cluster
units with a minim~m lot size of 3,~t?0 square feet {~l~ighbonc~~od 2), 94 lots for detached alley
loaded units with a minimum Int sr'~e of 2,900 squ~re feet {Neighborhood 3), several large lots
for 218 tawnhouse units {condc~minium, Neighbt~rhood ~}, several iarge lots for 10~
condominium units {townhouses and flats} and up to 12,000 square feet af retail commercial
uses (neighborhoods 5 and 6), 3 parks, ~ site for semi-public us~s, 1 elementa~r school site and
various apen space lats.
All Medium Nigh Density F~esidential uni#s in Ne~ghbc~rhoods 4 and 5 and Mixed Use units in
Neighborhoad 6 are m~pp~d as candominiums. No future sut~division is needed,
Ownership and Nlaintenance R+espansibilities of Landscaped and Upen Space Areas
A Homeowners Assaciaticrn (H{~A) will be cre~t~d for prop~rties within the project as pari of the
Covenants, Conditi~ns ar~d Restricti~ns {CC&Rs~. The recarded ~C&Rs will es#ablish
easements and other access righ#s necessary for the HQA to fulfill its responsibilities for
maintenance and upkeep af comman or abutting public areas. Respnnsibilities are proposed as
foliaws:
Pa~e l 5 af 20
~~,~~~
Table 10: ~andscaped and Upen Spa~e Area pwnership and Maintenance Respansibilities
__.__ _.___.W..~. _.~_
~_._ ~lem~nt
_..~.n~ ~...~.___~~ ---
4r~++n
_ ~_....__......~..____.. ~
Maantain
__._. _. _ _ ~
PavemenULandsca~e Ar~as in Privat~ Streets, NUA HC7A
Driveways, and Alleys
~ ~
~~
Subdivision/Gammunity Landscaping with~n
~ F-IOA NOA
neiyhborhood pedestrian areas
~..._
~ ~oc~! Reside~ntial Streets __ .._ ~
~.,.~. ._.........._._~_..
Git~~_._._._...~ ___...~._...~.___
_~ w_.___.__~ CitY._._...
~
i~ Landscaping and Medians in Coli~ctor Streets
.~ Cit MOA
_______......_.
; Right-of-Way L~ndscapinc~ & Sidewalks City HOA
!
curb to ROW line)
~__m~____ ,
~
Setback (andscaping and entry monurnents ; HOA HOA
alon~Positana Parkway and Fallon Road _ i _ ~ _.
Ncste: Refer to page 20 of 48 of Jorclan Ranch Planned Unit Development (Exhibit S to Attachment 1)
A drafit Resalution with Conditions of Approval for th~ ~ite Devefopment Review and Vesting
Tentative Map is included as Attachmen# 2 ta this Staff Ftepo~t.
DEVELt}PMENT ACREEMENT - Projecfs within fhe East~rn Dublin Specific P(an {EDSP)
require a Development Agreement betweer~ the Develc~per and the City. California Government
Code §; 65864 et seq. and Chapter 8.56 a# the b~k~lin Municipal Code {hereafter "Chapfer
8.56"} authorize the City to enter inta an agreement for the development of reai property with
~ny persan having a legal ar equitable interes# in such property in order to c~btain certain
commitments and establish certain development rights fo~ the prc~perty. The Development
Agreement rnust be apprc~ved pric~r to recordation of the final Tract Ma~ and issuance of building
p~rmits for th~ developrnent of the property.
The Development Agreement provides security #o the developer that the City wiil not change its
zoning and otl~~r laws applicable to the proj~ct for a period c~f 10 years and would terminate in
2020. The City also benefits fram entering into the develc~pment Agreement wi#h the proper#y
owner. This dr~eument is a c~ntract that establishes c~bligations fc~r meeting the gaals of the
EDSP and guarantees timing for construc#it~n of public infrastructure and facilities fc~r the project
area. Additionally, it ensures that de~ications of prop~rty and easements are made, project
phasing is fc~llowed, the appropriate fees are paid for the deveiapment, and any additional terms
of the agreement are carried aut as develapment proceeds. The prc~posed Develapment
Agreement alsa woufd be consister~t wsth #he preceding development agreements.
In retum, the Developer agrees to camply witl~ the Cpnditions ofi Approval and, in sc~me cases,
make commitments for which the Gity might othervuise have no authority to compel the
Developers to perform. 5pecificaily, the Develc~pmen~ Agreemen# augments the Ci#y's standard
development regulations; defEnes the precise financial responsibilities of the developer; ensures
timely pr+~vision c~f adequate public facilities for each project; and prnvides terms for the
Develo~er to advance funds fc~r specific facilities whieh have community or area-wide benefit or
far reimbursement from future develQpment, as apprapriate. Since the Developmer~t Agreement
runs with the land, the rights thereunder can be assigned.
In exchange, the Developer has a~resd to provide c~rtain public benefits #o the ~ity. These
incl~de a$5,t~~Q,OQO Gommuni#y Benefit Payment as part of the Project's affardable housing
~'a~e I (i af 20
1 ~ I ~,~~ ~
~
progr~m. The C?evaloper wili also rnake payments to the City of up to :~1,000,000 in instaliments
ov~r time if it rezanes the 2 acre Semi-Public Area for nc~n-pubiic us~s in the future. in aii other
respec#s, the D~velopment Agre~ment is based on the standard Development Agreement
adopted by the City Councii ft~r projects located within the EDSP.
A Planning Comrnission Resolution recommending the City Council adopt ~n Ordinance
approving the Develc~pment Agreement between the City af Dublin and BJP ROF Jordan Ranch
LLC. is included as Attachment 3 with the draft Ordinanc~ a#tached as Exhibit A, and the
Development Agreement attached as Exhi~iit B.
CONCLUSIC~NS:
The prt~posed project is consistent with the land us~ and Planned Develapment zoning
approved with the Stage 1 Planned Develapmen# r~~ane #or the Fallon Village project area. The
r~sidential densities proposed for each ofi the neighborhoods comply with the established
standards of .9 to 6.0 units per acre for Low Density Residential, 6.1 to 14 units per acre for
Medium density Residential, and ~4.1 to 25 units per acre for Medium High Density Residential.
It also complies with the st~ndards for Neighborhoc~dNillage Commercial advpted with the
Fallon Village Project area c~f integratinc~ residential and cc~mmercial uses at a village nade along
Gentral P~rkw~y.
The Stage 2 Develapment Plan es#ablishes deve{o~ment standards and architectural and
landscape design guidelines. The Stage 2 Developrnent Plan incorporate minimum usable lot
areas which were determined after the Stage 1 Developmer~t P1an was approved fior projects
within the Msdium Density Land Use area for Jordan (~anch. The Stage 2 Development Plan
prr~vides regufatary framewark for the fabric of #h~ community and designates m~terial and
architectural styles as well as landscaped features to camply wi#h designs set out in the Fallon
Village Stage ~ Develapment Plan as they wauld appiy to Jordan Ranch.
For the Si#e Develapment Review, the propased deveiapment complies with the development
standards/regulations adopted with the Stage 2 Planned Development. The design of the floor
plans, elevatic~ns, and landscaping is consistent with tne adopted architectural and design
concept of simple ranch living and is appropriate for #he topcagraphy and natural features af the
project site. The site design and circulation plan are safe and efficient. The neighbarhood
layaut and unit mix provide far adequate open space, recr~ation, and preservation of hillsides
and habitat. Appropriate water quality measures wauld be installed. `T'he architec#ural elements
are cansistent w'rth the concept and the pedestrian circulation system integrates a pedestrian
pathway and trail sys#ern program emphasized in the Eastern Dublin Specific Plan. The
Tentative Maps cc~mply with the propased Development Regulations and zoning.
GEN~RAL PLAN AND ~PEC1F~1~ PLAh[ pESIGNATI4NS ANa G4N~ISTENCY:
The proposed Jordan Ranch praject is consister~t with the General Plan and Eastern Dublin
Specific Plan Land Use designations approved for the Fallon Village Project area {PA 04040).
in addi#ion, the Jc~rdan Ranch prt~je~t cc~nforms to the Community Qesign and Sustainability
El~ment of the General Plan by satisfying the follawing criteria: creating a pasitive regic~nal
identity and a sen~e of a~rival through unigue manumentatian, signage, and landscaping;
maintaining cc~ntinuity t~f the eircuf~tian system; and establishin~ lon~-term sustainability by
creating a variety Qf housing #ypes and products.
Pa;c 17 of 20
Ina . ~`
r'
REVIEW BY APPLICAB~E DEPARTMENT ANL? AGENCIES:
The Building DivisiQn, Fire Prevention Bureau, Puk~lic Works Department, Dublin Police Services
and Dublin S~n Ramon Services District reviewed the project an~ provided Conditions of
Approval where apprqpriate to ~nsure that the Praject is establish~d in compliance with all lacai
Qrdinances and Regulations. Ct~ndition~ of Approval fram these departments and agencies
have been included as apprc~pri~te,
NOT1CiNG REQUII~EMEN'TSlPUBL1G fll1TREACH:
In ~ccordance with State law, a pubiic notice was mai(ed to all praperty awners and occupants
within 300 feet of the er~tire Jordan Ranch project to adver#ise the applications and the
upcorn~ng public hearir-g. A public nc~tiee was a{sa ~ublished in the Valley Times and posted at
several locations thraughout the City. Ta date, the City has received no objections frorn
surrounding property owners regarding the current proposal.
ENVIRONMENTA~ F~~VIEW
In ~993, the City Council certifiied an Enviranm~ntal Impact Rep+a~t (EIR) fc~r the Dublin General
Plan Eastern E~ended Planning Area and thc Eastern Dublin Sp~cific Plan area, including
revisions to Part I of tne Respanses to Camments relating to the Kit Fox, Addendum to the DEIR
dated May 4, 19~3, and a ~KS Associates Traffic Study dated aecernb~r 15, 1992
(SCH#91103064), collectively these dc~cuments camprise the "East~rn Dublin EfR." The
Eastern Dublin EIR is a prc~grarn EIR, which anticipated numerous subsequen# actions related to
future develapment; it afsa identified some imp~cts resulting from implementation that could no#
be mitigated. Upon approval of the Eas#ern Dub(in General P}an Amendmer~t/Sp~cific Plan, the
City adopted a statement of overriding considerations for such imp~cts. The City also adopt~d a
mitig~tion-monitaring program, which included a series af ineasures interrded to reduce impacts
from the implement~ti+~n r~f the plan. The timing for implementatian of these mitig~tion
measures is summarized in the adopted Mitigation and MQnitaring Prc~gram matrix.
A Supplementa! EIR (SEIR) was prepared far the EDPO plan and annexation and was certifiied
in 20Q2 by Resolutic~n 4Q-p2 {SCH # 2001052~ 14}. Also, a SE~R for th~ ~allc~n Village Project
(SCH#20050620'10} was certified by the Dubli~ City Council on Dec~mber 6, 2405 (Resolution
222-05). The Supplemental EIR addressed a S#age ~ Plann~d Development Rezone and
Amendrnent for the 1, ~ 32-acre Fallon Village Praject Area (PA fl4-040}.
An Addendum to the prior ElFts has been prepared to address the currently proposed Jordan
Ranch project {see Exhibit A ta Attachment 4). The Addendum and a related initiaE Study
concluded that no further environmen#al review is required for the prtapt~sed praject based on
the anaiysis and mi#igatian of envirc~nmental effects in the prior certified EIRs described above.
The proposed Praject r~viil nc~t result in any new or substantially more severe significant impacts
than those identified in the priar EIRs and no CEQA standards requiring further environmental
review are met. As noted in the Addendum, a11 previously adc~pted mitigation measures
applicable to the project would continue to be required. However, sinc~ significan#
environmental impa~ts were previously idert#ified for the projeet in the prior eertified ElRs that
could not be mitigated, any approval must be supp~rted by a Statement of Qverriding
Consideration.
~id4~ ~~f)~~()
~ ~u~,~ ~~1~~ I
~~
ATTACHMENTS: 1. R~solutian recommer~ding #hat the City Council adapts an Ordinance
approvinc~ a Planned Develaprnent Rezone with a Stage 2
Development pian for Jc~rdan Ranch, with the ciraft Ordinance attached
as Exhibit A.
2. Resoiutic~n appraving Sit~ Develapment Review and Vesting Tentative
Tract Map 80~4 ft~r Jordan Ranch, with Stage fi Subrnittal - Site
aevelc~pment Review, Pianned Uni# Qev~lopment Tract 802~4, and
Vesting Tentative Map 8024 attached respectively as Exhibits A, B&
C.
3. Resolution recommending that the City Cauncii adopt an flrdinance
approving a Qevelapment Agreemen# fiar Jordan Ranch with the draft
Ordinance attached as Exhibit A and the D~velopment Agreement
attached as Exhibit B.
4. Resolution recomm~nding that #he City Cauncil cansider a CEQA
Addendum tc~ the Eastern Dublin Environm~ntaf Impact Report, and #he
2002 EDPQ and 2005 Fallon Villa~e Supplemental Environmental
Impact Reports and apprav~ its findings that no further Environmental
Review is required far the Jordan Ranch prt~ject with the CEQA
Addendum attached as Exhibit A and the lnitial Study as Exhibit B.
I'a~c 1~J of'?U
GENERAL INFCIRNIATiflI~:
APPLICANT;
PROPERTY C?WNER;
Lt~CAT[QN:
ASSESSt}RS pARCEL NUMBER:
EXESTING ZC?NING:
GENERALPLAN
LANL? USE CIESiGNATIt)N:
SURR{?UNQING USES:
~~~ ~~~
Missi~n Valley Properties
~000 Hapyard road, Suite 170
Pleasanton, CA 94588
A~tn: K~vin Fryer
BJP ROF Jardan Ranch LLC
4233 Fa{Ic~n Road
Livermore, CA 94550
North af an east-west kno11 located between the
extensian of Central Parkway and the ex#ension
of Dublin Boulevard. South of Positano Parkway
east of Fallon Road and west af a ridgeline
Ic~cated west of C~oak Road.
985-Q027-007-02
PD Pianned Development
Smgle-Fami(y Residential, Medium Density
Residential, Medium High Density Resi~ential;
Mixed Use, Semi-Public, Parks/Public
Recreation, and fJpen 5pace
LO~ATIE7N Zt~NtNG CENERAL PLAN LAN~ USE ~~~RENT USE OF
PRQPERTY
Residential; Positana/Cantara (Tract 7853}
North P~ Low Density/Single-Family 72 detached units complete~d
ar under construc#ions
tvledium/High Density Residential
~~~~~ ~,a (with Semi-Puk~lic ~~~~~~Agrieultural (Chen)
Overlay),Parks/Public Recreation,
and O en S ~ce
Lc~w Den~ity Residenti~l, Met#ium
East pp ~~~sity Residential (with Semi- Vacan#IAgricultural (Craak)
Pubiic Ov~r6ay), Parks/Public
Recreation
Low Density, Medium Density, Single Family F2esidential
PC~ High D~nsity Residential, and Dublin Ranch Area A-7
West ParkslPublic Recreation and
PD-CP Fallon Sparts Park
{under construction)
Pa~e 2U c~f 2(~