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STAFFREPORT CITY CLERK
DUBLIN CITY COUNCIL File #^[~~~- 3^ (~^
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DATE: June 22, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: PA 09-011 Jordan Ranch Planned Development Rezone with a Stage 2
Development Plan and Development Agreement.
Report Prepared by Mike Porto, Consulting Planner
EXECUTIVE SUMMARY:
The Applicant is requesting approval of the Project known as "Jordan Ranch" located within
the Fallon Village Project area. The current application includes a Planned Development
Rezone with a Stage 2 Development Plan for the 189+ acre Jordan Ranch area and a
Development Agreement. The proposed Jordan Ranch Project includes the development of up
to 780 residential units and a mixed-use component within six neighborhoods.
FINANCIAL IMPACT: None
RECOMMENDATION:
Staff recommends that the City Council: 1) Waive reading and adopt an Ordinance Approving a
Planned Development Rezone with a Stage 2 Development Plan for the Jordan Ranch Project
(PA 09-011); and 2) Waive reading and adopt an Ordinance Approving the Development
Agreement for Jordan Ranch between the City of Dublin and BJP ROF Jordan Ranch LLC
(Mission Valley Properties) (PA 09-11).
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Su mitted By
Community Development Director
Revie y
Assistant City Manager
ITEM NO.: .
Page 1 of 3
DESCRIPTION:
Jordan Ranch is comprised of two properties totaling approximately 189.4 gross acres located
within the west/central portion of the 1,134-acre Fallon Village Project area. It is bounded to the
north by Positano Parkway and to the west by Fallon Road. The southerly boundary of Jordan
Ranch is generally located along a low knoll between the future east-west extensions of Dublin
Boulevard and Central Parkway. To the east, another ridge line on the most westerly of the two
Croak properties, serves as its easterly boundary. A remnant portion of Jordan Ranch is
separated by Positano Parkway and the previous dedication of Positano Parkway itself reduces
the area of Jordan Ranch referenced in this application to 187.9 gross acres.
Background
The Jordan Ranch properties were part of an earlier annexation known as the Eastern Dublin
Property Owners (EDPO) annexation area and were annexed to the City in 2002.
A General Plan Amendment, Specific Plan Amendment, Planned Development Rezone with a
Stage 1 Development Plan and a Supplemental Environmental Impact Report (EIR) were
approved in 2005 for Fallon Village, which includes Jordan Ranch. The approvals included an
amended land use plan to address the requirements of the Resource Management Plan (RMP)
and Airport Protection Area (APA). The plan approved up to 1,064 residential units and a
maximum of up to 83,635 square feet of mixed use on the Jordan Ranch property.
In 2007, the City Council reviewed usable yard areas within the Medium Density land use
designation. Ordinance 45-08 established that 50% of the units within the existing Medium
Density land use designation on the Jordan Ranch property shall have a minimum of 400
square feet of contiguous flat usable yard area, have a minimum dimension of 18 feet X 18 feet,
and include a privacy fence.
On May 11, 2010, the Planning Commission approved a Vesting Tentative Map and Site
Development Review for the Jordan Ranch Project. These approvals are contingent on the City
Council approving the Planned Development Rezone and Stage 2 Development Plan.
Current Application
The current application includes a request for:
• Planned Devetopment Rezone with a Stage 2 Development Plan
• Development Agreement
The proposed land use distribution for Jordan Ranch somew~hat increases the acreage for Low
Density and Medium Density Residential; decreases the acreage for Medium-High Density
residential; and substantially reduces the number of allowable units from a maximum of 1,064
units to a maximum of 780 units.
Planned Development Rezone: The Jordan Ranch Stage 2 Development Plan would establish:
1) the overall layout and neighborhood configuration; 2) Development Standards/Regulations; 3)
Architecture; 4) Traffic and Circulation; and 5) Landscape.
Development Aqreement: Projects within the Eastern Dublin Specific Plan (EDSP) require a
Development Agreement between the City and the Developer. California Government Code
§§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56")
authorize the City to enter into an agreement for the development of real property with any
Page 2 of 3
person having a legal or equitable interest in such property in order to obtain certain
commitments and establish certain development rights for the property. The Development
Agreement must be approved prior to recordation of the final Tract Map and issuance of building
permits for the development of the property.
The Developer has agreed to provide certain public benefits to the City. These include a
$5,000,000 Community Benefit Payment as part of the ProjecYs alternate method of compliance
with the City's Affordable Housing Program. The City Council, at its discretion may waive the
requirements of the Inclusionary Housing Ordinance and approve an alternate method of
compliance if the City Council finds that the proposed alternate method of compliance meets the
purposes of the Inclusionary Ordinance. The Development Agreement includes a term
specifying an alternate method of compliance subject to City Council approval. The $5,000,000
will be paid to the City General Fund in installments within 36 months after the AgreemenYs
effective date.
Another public benefit included in the Development Agreement are payments by the Developer
to the City of up to $1,000,000 in installments to the City's General Fund over time if the 2-acre
Semi-Public Area is rezoned for non-public uses in the future. Staff's recommendation is to use
$400,000 as a rental subsidy ($80,000 for 5 years) to help the Tri-Valley YMCA, located in
Dublin, and the remaining $600,000, to help fund any potential joint capital improvement
projects between the City of Dublin and Dublin Unified School District. In all other respects, the
Development Agreement is based on the standard Development Agreement adopted by the City
Council for projects located within the EDSP.
On June 1, 2010, the City Council waived the reading and introduced the Ordinance approving a
PD Planned Development Rezone and a related Stage 2 Development Plan for Jordan Ranch
and waived the reading and introduced the Ordinance approving a Development Agreement.
Please refer to the June 1, 2010 City Council Staff Report for a complete discussion of these
Ordinances (Attachment 1). The City Council is currently requested to waive the second reading
and adopt the Ordinances (Attachment 2 and Attachment 3).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was forwarded to the Applicant and the property owner
ATTACHMENTS: 1) City Council Staff report dated June 1, 2010 (without
attachments).
2) Ordinance Approving a Planned Development Rezone
with a Stage 2 Development Plan for the Jordan Ranch
Project (PA 09-11).
3) Ordinance Approving the Development Agreement for
Jordan Ranch between the City of Dublin and BJP
ROF Jordan Ranch LLC (Mission Valley Properties),
with the Development Agreement as Attachment A.
Page 3 of 3
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a, ~~,~ STAFFREPORT CITY CLERK
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```~.~~j~ DUBLIN CITY COUNCIL File # ^~~^D -~~
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DATE: June 1, 2010 ~0~~ ~v
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE : PUBLIC HEARING: PA 09-011 Jordan Ranch Planned Development Rezone
with a Stage 2 Development Plan, Development Agreement, and a CEQA
Addendum.
Report Prepared by Mike Porto, Consulting Planner
EXECUTIVE SUMMARY:
The Applicant is requesting approval of the Project known as "Jordan Ranch" located within
the Fallon Village Project area. The current application includes a Stage 2 Planned
~ Development for the 189+ acre Jordan Ranch area, Development Agreement, and CEQA
Addendum determining no further environmental review is required based on prior certified
Environmental Impact Reports. The Jordan Ranch Project proposes the development of up to
780 residential units and a mixed-use component within six neighborhoods.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and
deliberate; and 5) Take the following actions:
a. Approve Resolution of the City Council Considering a CEQA Addendum to the
Eastern Dublin Environmental lmpact Report, and the 2002 East Dublin Property
Owners (EDPO) and 2005 Fallon Village Supplemental Environmental Impact Reports
and approving its findings that no further environmental review is required for the
Jordan Ranch Project.
b. Waive reading and introduce an Ordinance Approving a Ptanned Development
Rezone with a Stage 2 Development Plan for the Jordan Ranch Project. (PA 09-011)
c. Waive reading and introduce an Ordinance Approving the Development Agreement
for Jordan Ranch between the City of Dublin and BJP ROF Jordan Ranch LLC
(Mission Valley Properties) (PA 09-011)
.
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Sut~ itted By
Community Development Director
Revi we By
Assistant City Manager
COPIES TO: Applicant/Property Owner
File
Page 1 of 10
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ATTACHMENT 1
DESCRIPTION:
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Jordan Ranch is comprised of two properties totaling approximately 189.4 gross acres located
within the west/central portion of the 1,134-acre Fallon Village Project area. It is bounded to the
north by Positano Parkway and to the west by Fallon Road. The southerly boundary of Jordan
Ranch is generally located along a low knoll befinreen the future east-west extensions of Dublin
Boulevard and Central Parkway. To the east, another ridge line on the most westerly of the two
Croak properties, serves as its easterly boundary. A remnant portion of Jordan Ranch is
separated by Positano Parkway and the previous dedication of Positano Parkway itself reduces
the area of Jordan Ranch referenced in this application to 187.9 gross acres.
The Jordan Ranch Project site was
historically used for cattle grazing and
is characterized by rolling hills and
grasslands. The ranch home and barn
structures were recently removed, and
the site is now used only occasionally
for cattle grazing.
Background
The Jordan Ranch properties were
part of an earlier annexation known as
the Eastern Dublin Property Owners
(EDPO) annexation area and were
annexed to the City in 2002.
LIVERMORE
A General Plan Amendment, Specific Plan Amendment, Planned Development Rezone with a
Stage 1 Development Plan and a Supplemental Environmental Impact Report (EIR) were
approved in 2005 for Fallon Village, which includes Jordan Ranch. The approvals included an
amended land use plan to address the requirements of the Resource Management Plan (RMP)
and Airport Protection Area (APA). The plan approved up to 1,064 residential units and a
maximum of up to 83,635 square feet of mixed use on the Jordan Ranch property.
In 2007, the City Council reviewed usable yard areas within the Medium Density land use
designation. Ordinance 45-08 established tha# 50% of the units within the existing Medium
Density land use designation on the Jordan Ranch property shall have a minimum of 400
square feet of contiguous flat usable yard area, have a minimum dimension of 18 feet X 18 feet,
and include a privacy fence.
Current Application
The current application includes a request for:
• CEQA Addendum
• Planned Development Rezone with a Stage 2 Development Plan
• Development Agreement
ANALYSIS:
The proposed land use distribution for Jordan Ranch somewhat increases the acreage for Low
Density and Medium Density Residential; decreases the acreage for Medium-High Density
residential; and substantially reduces the number of allowable units from a maximum of 1,064
Page 2 of 10
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units to a maximum of 780 units. The Eastern Dublin ~
Specific Plan recognizes that roadway
alignments and land use boundaries are approximate, and that flexibility will be needed when
interpreting the plan. It further notes that minor adjustments to roadway alignments and
boundaries may be necessary and that the Land Use Map must be used in conjunction with plan
goals and policies. Minor shifting of land use boundaries were needed to establish the minimum
density requirements and provide usable yards within the Medium Density land use designation.
Planned Development Rezone: The Jordan Ranch Stage 2 Development Plan would establish:
1) the overall layout and neighborhood configuration; 2) Development Standards/Regulations; 3)
Architecture; 4) Traffic and Circulation; and 5) Landscape. The Stage 2 Development Plan is
described below and included as Attachment 1.
Site Plan and Densities
Jordan Ranch has been planned for six neighborhoods types. The Applicant has stated its
intentions to create affordability by design by making a conscious effort to limit the size of the
homes while maximizing the public and private open space within the community. Please refer
to the map below for the location of each neighborhood. Table 1 identifies Neighborhoods 1
through 6 by: neighborhood, number of units, acreage, and resulting density on a gross basis
and is followed by a brief discussion of each neighborhood.
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NEIGHBQRHOOD 5
(TOWNCFLATS)
NE1Gti8flRFtOOD 6
(e'owtir~tArSl
Page 3 of 10
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Teble 1_ Rpsiripnfial I Ini+ T...,s~ ~.,.r n:..~..:~...~:
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No
of - --- - c .~ cu ~aa v~au ~ uuuvn
Unit T e
yp .
units Neighborhood Density Acreage Land Use/Zone
Detached- Sin le-Famil
• 5,200 sf minimum
(ot gp du 1
4.8 du/ac
Low Density Residential
47
0
• 4,000 sf minimum .
lot 172 du 1 4.8 du/ac Low Density Residential
• 4-unit Clusters 111 du 2 6.9 du/ac 15.4 Medium Densit Residential
• Small LoUAlley
Loaded 94 du 3 6.9 du/ac 11.1 Medium Density Residential
Subtotal 457 du
Attached - Multi-Famil 8 Mixed Use
• 3-story Townhomes 126 du 4 14.1 du/ac 9.3 Medium High Density
Residential
• 3-story Towns
w/Flat 92 du 5 14.1 du/ac 5.6 Medium High Density
Live-work O tions Residential
• 3-story Towns
w/Flat 91 du 6 15.9 du/ac NeighborhoodNillage
Live-work O tions 6.6 Commercial
• Loft over Retail
Commercial 14 du 6 15.9 du/ac (Mixed Use)
Subtotal 323 du
Total 780 du 8'21 95
du/ac
Neighborhood 1: Neighborhood 1 is located northeast of the open space corridor and the
neighborhood park. This neighborhood includes detached single family homes. Traffic
circulation connects through to the Cantara neighborhood of the Positano Project to the north.
Neighborhood 2: Neighborhood 2 is located afong the southwesterly side of the open space
corridor. These lots are arranged in clusters of 4 homes with vehicular access from a shared
private driveway (side-loaded). The units are arranged in clusters with abutting rear yards with
adjacent lots to maximize the~ distance or setbacks befinreen buildings. Side-loaded units
abutting common space or open space have pedestrian access to a series of paseos.
Neighborhood 3: Neighborhood 3 includes alley-loaded homes situated around common
private open space area. The homes in this neighborhood are arranged to face a series of
common landscaped areas while taking garage access from an alley (rear-loaded). To
maximize private yard area between the units, adjacent properties are granted an easement
extending within the sideyard set back to the wall of the adjacent structure.
Neighborhood 4: Each of the 126 3-story townhouses is located within one of 24 buildings. A
common area greenbelt runs through the center of Neighborhood 4. Buildings face either onto a
common landscaped area or a public street.
Neighborhood 5: The area is planned for 92 units within 19 3-story buildings.
Neighborhood 6: Neighborhood 6 is the 6.6-acre Mixed Use component along the south side
of Central Parkway surrounding the Neighborhood Square. The Medium High Density
Residential use is intended to liven the neighborhood center and provide retail use or local
services. The area is planned for 91 units within 15 3-story buildings in the same configuration
as those in Neighborhood 5. Buildings 59 and 60 would be buift as 2 3-story buildings.
Page 4 of 10
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Architectural Styles
Jordan Ranch is designed to reflect a time when simple farmhouses, cottages, and barns were
the predominant structures among the rolling hillsides. The design intent is to create a
community that touches upon the history of the site. To accomplish this goal, a palette of rural
architectural styles have been prop~sed including: A) Farmhouse, B) Cottage, C) Shingle, D)
Folk Victorian, E) Italianate, F), Colonial, and G) Rural Contemporary.
Architectural styles throughout the neighborhoods of Jordan Ranch shall be guided by the
following features:
• Architecture shall be simple in massing and form and provide visual interest.
• Architectural elements and materials shall be mixed and matched among elevation styles
to provide variety.
• Color palettes shall be bold and appropriate to the style.
Development RegulationslStandards
Lot Size: Minimum lot sizes for each of the neighborhoods are shown in the Development
Standard tables. In most cases a larger minimum lot size is provided for corner lots.
Coverage: Coverage standards are consistent with the standards adopted with the Stage 1
Planned Development Rezone for the Fallon Village, Project Area. The maximum lot coverage
ranges from 45% to 55%. Cluster homes in Neighborhood 2 and the Small-Lot Alley-Loaded
homes in Neighborhood 3 are allowed 55% coverage. Coverage for multi-family units is
controlled by setback and compliance with on-site open space and parking.
Building Heights: Single-Family homes are limited to 35 feet in height. Third story rooms are
allowed, but must be tucked below the roof line in attic space with roof dormers or gable end
windows to provide ventilation and light. Multi-family buildings shall be limited to three (3)
stories and forty (40) feet in height. Mixed Use buildings shall be limited to three (3) stories and
forty-five (45) feet in height.
Porches and Decks: Porches and decks are significant elements in reducing the appearance of
building mass and providing private exterior space. Porches and decks are significant
architectural features to convey a one-story element used to reduce building mass with its
interface to the streetscape. Therefore, the following standards are applicable to porches and
decks:
• A minimum of 40% of the single family homes must have porches.
• Porches and decks shall be designed to reflect the appropriate scale and detail for the
architectural style they are associated with.
• Porches shall be a minimum of four (4) feet in depth so that they are usable to the
homeowner.
Porches or decks covered by overhead building area are considered in the calculation as lot
coverage.
Private Open Space/Yard Area: P~ivate open space is required for residential products. The
Deveiopment Regulations establish the minimum area and dimensions for that space. All
detached units have a private yard area. For multi-family units, private open space may be
satisfied by patios, balconies, or decks. Private open space requirements are shown in Table 2
below.
Page 5 of 10
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Tahle 2' P1'iva4o Y~rr! Are.~
Nei hborhood # and T e • N~M n~~.p
Minimum SF
Minimum Dimension
1- Sin le-Famil Detached 500 sf - level round area 10 feet
2- Clusters - Detached" 400 sf - level round area - 18 feet
3- Small-LobAlley-Loaded
- Detached" 400 sf - level ground area 10 feet
* 11Anrli~ ~m 1'1......ia., o....:.a__a:_~
VVIYIII ~ciially RGJIUGIIUC71
Per Stage 1 Development Standards for single-family detached subdivisions in the Medium
Density Residential zone, a minimum of 50% of the homes must have an exclusive private yard
area at a minimum of 400 square feet. The remaining 50% may share that amount as an
allocation of common area. This exclusive private yard requirement is satisfied by the 111 units
(54°/a) in Neighborfiood 2 (Clusters).
The 94 units (46%) within Neighborhood 3(Small-Lot/Alley-Loaded) are configured with a
sideyard easement which allows the dimensions of the private yard area to be maximized. The
result is that private yard areas are provided which is di~cult to accomplish on land designated
for Medium Density land uses. Neighborhood 3 has also been designed with active and
passive common areas.
Parking: The project parking standard adopted with the Fallon Village Project area is based on
the City's Zoning Ordinance which requires 2 covered spaces for each residential unit and one
guest space for each detached unit and 0.5 guest spaces for each multi-family, townhouse or
condominium unit. Each unit is provided with a minimum of two covered spaces.
Guest parking spaces are primarily provided: 1) curbside along the public streets; or 2) within
common area such as alley ways, motorcourts, and private streets. Guest parking on public
streets or in common areas would not be assignable.
The parking space figures in the following tab(e reflect the plans submitted with the application.
Table 3: Parkinq for Jordan Ranch bv Npinhhr,rh~~~
Neighborhood
Units
Required Spaces - ___J__'~__.~~~.
Provided Spaces
Guest
Covered
Guest
Total
'
Covered
on-street on HOA
~Private
Total
Guest/
Tot
l
Sin le Famil Req
d for Units (public) Guest Unit a
street
Nei hborhood 1 252 504 252 756 504 442 0 442 1
75 946
Nei hborhood 2 111 222 111 333 222 128 0 128 .
1
15 350
Nei hborhood 3 94 188 94 282 188 80 50 130 .
1.38 318
Multi-Famil
Nei hborhood 4 126 252 63 315 252 97 29 126 1
00 378
Nei hborhood 5 92 184 46 230 184 37 57 94 .
1
02 278
Nei hborhood 6 105 210 53 263 210 99 34 133 .
1
27 343
TOTAL
.~-•--- 780 1,560 619 2,179 1,560 883 170 1,053 .
1.35 2,613
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(1) Covered Spaces provided include approximately 30 tandem spaces for stacked flats and walk-up town houses
in Neighborhood 5 and approximately 31 tandem spaces in Neighborhood 6.
(2) The guest parking requirements for Neighborhoods 4, 5 and 6 is 0.5 stalls per unit. Guest parking is greater
than twice the requirement.
(3) 1,053 guest parking spaces for 780 units = 1.35 guest stalls per unit for the Project.
Page 6 of 10
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(4) Parking requirement does not include parking required for ground floor retail space which could amount to an
additional 40 parking spaces to serve the commercial uses in IVeighborhood 6. However, sufficient excess
guest parking would satisfy that requirement.
TrafficlCirculation: The Jordan 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 co(lector streets.
Landscape: The streetscape theme includes street sections; right-of-way configuration and
treatments; street tree and setback plantings; all forms of entry monuments; the hierarchy of
fences; specialized hardscape and paving; and street furniture. Additional landscape designs
include: plantings for typical private yard areas; common area landscaping; linear parks; and
open space corridor trails all consistent with previous Stage 1 PD approvals.
The draft Ordinance approving the Planned Development Rezone and Stage 2 Development
Plan is included as Attachment 1.
Develoament Aqrreement.• Projects within the Eastern Dublin Specific Plan (EDSP) require a
Devefopment Agreement between the Developer and the City. California Government Code
§§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56")
authorize the City to enter into an agreement fo~ the development of real property with any
person having a legal or equitable interest in such property in order to obtain certain
commitments and establish certain development rights for the property. The Development
Agreement must be approved prior to recordation of the final Tract Map and issuance of building
permits for the development of the property.
The proposed Development Agreement provides security to the developer that the City will not
change its zoning and other laws applicable to the Project for a period of 10 years and would
terminate in 2020. The City also benefits from entering into the Development Agreement with
the Property Owner. This document is a contract that establishes obligations for meeting the
goals of the EDSP and guarantees timing for construction of public infrastructure and facilities
for the project area. Additionally, it ensures that dedications of property and easements are
made, project phasing is followed, the appropriate fees are paid for the development, and any
additional terms of the agreement are carried out as development proceeds. The proposed
Development Agreement also would be consistent with the preceding development agreements.
In return, the Developer agrees to comply with the Conditions of Approval and, in some cases,
make commitments for which the City might otherwise have no authority to compel the
Developers to perform. Specifically, the Development Agreement: augments the City's standard
development regulations; defines the precise financial responsibilities of the developer; ensures
timely provision of adequate public facilities for each project; and provides terms for the
Developer to advance funds for specific facilities which have community or area-wide benefit or
for reimbursement from future development, as appropriate. Since the Development Agreement
runs with the land, the rights thereunder can be assigned.
In exchange, the Developer has agreed to provide certain public benefits to the City. These
include a$5,000,000 Community Benefit Payment as part of the Project's alternate method of
compliance with the City's Affordable Housing Program. The lnclusionary Zoning Ordinance
requires all projects over 20 units to construct 12.5% of the total number of dwelling units as
affordable units, except that the applicant may elect to pay fees in lieu of construction up to 40%
of the required affordable units (7.5% must build, 5% payment of fees), or construct affordable
Page 7 of 10
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units off-site, or by land dedication, or through credit transfers. The City Council, at its discretion
may waive the requirements of the Inclusionary Housing Ordinance and approve an alternate
method of compliance if the City Council finds that the proposed alternate method of compliance
meets the purposes of the Inclusionary Ordinance. The Development Agreement includes a
term specifying an alternate method of compliance subject to City Council approval. The
proposed Project includes medium to high density residential units of certain sizes that will
promote the City's affordability and Housing Element goals. 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 exceed the 12.5% affordability
requirement of 98 units based on a total of 780 residential units in the Project The Development
Agreement also includes a$5,000,000 Community Benefit Payment as part of the Project's
alternate method of compliance. The $5,000,000 will be paid to the City General Fund in
installments within 36 months after the AgreemenYs effective date.
Another public benefit included in the Development Agreement are payments by the Developer
to the City of up to $1,000,000 in installments over time if the 2-acre Semi-Public Area is
rezoned for non-public uses in the future. The current location and size of the Semi-Public
parcel included in this project meets the requirements of the General Plan, the Eastern Dublin
Specific Plan and Stage 1 Development Plan. However, should the Semi-Public Site be rezoned
for a non-public use in the future, $1,000,000 would be paid to the General Fund. Staff's
recommendation is to use $400,000 as a rental subsidy ($80,000 for 5 years) to help the Tri-
Valley YMCA, located in Dublin, and the remaining $600,000, to help fund any potential joint
capital improvement projects between the City of Dublin and Dublin Unified School District. In all
other respects, the Development Agreement is based on the standard Development Agreement
adopted by the City Council for projects located within the EDSP.
An Ordinance approving the Development Agreement befinreen the City of Dublin and BJP ROF
Jordan Ranch LLC is included as Attachment 2 with the Development Agreement attached as
Exhibit A.
PLANNING COMMISSION ACTION (Site Development Review and Vesting Tentative Tract
Map):
At the May 11, 2010 Planning Commission meeting, the Commission reviewed the Staff Report
(Attachment 3) and listened to a presentation by Staff and the Applicant. Specific items of
discussion were: 1) Tandem parking; 2) The sizeable increase in the guest parking ratio; 3) The
pedestrian friendly nature of the Project, the linkages to the parks and school; and 4) the
composition roofing materials.
The Planning Commission did add 2 conditions to the Site Development Review and Vesting
Tentative Tract approval. One requires a 40-year roof life on the composition roofing and
another condition requires the cul-de-sacing of Street K to make it more pedestrian friendly
leading to the school site. The Applicant was in agreement with both of these conditions. The
Site Development Review booklet is included for reference as Attachment 4 of this Staff Report.
The Planning Commission voted unanimously to adopt resolutions recommending that the City
Counci! approve a CEQA Addendum (Attachment 5), adopt Ordinances approving a Stage 2
Planned Development (Attachment 6), and a Development Agreement (Attachment 7) and
approved the Vesting Tentative Tract Maps and Site Development Review with the Conditions
of Approval included (Attachment 8). Attachment 9 is the Planning Commission Draft Minutes of
May 91, 2010 meeting.
Page 8 of 10
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CONCLUSIONS:
The proposed project is consistent with the General Plan and Eastern Dublin Specific Plan land
use and Planned Development zoning approved with the Stage 1 Planned Development zoning.
The Stage 2 Development Plan establishes development standards and architectural and
landscape design guidelines. The Stage 2 Development Plan provides regulatory framework for
the fabric of the community and designates material and architectural styles as well as
landscaped features to comply with designs set out in the Fallon Village Stage 1 Development
Plan as they would apply to Jordan Ranch.
The Development Agreement is the standard Development Agreement required of all projects
by the Eastem Dublin Specific Plan. However, there are two unique provisions: one dealing with
a Community Benefit Payment for the Inclusionary Housing commitment, and a second
provision for installment payments should the Applicant rezone the Semi-Public site to non-
public uses in the future.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was mailed to all property owners and occupants
within 300 feet of the entire Jordan Ranch Project to advertise the applications and the
upcoming public hearing. A public notice was also published in the Valley Times and posted at
several locations throughout the City. To date, the City has received no objections from
surrounding property owners regarding the current proposal.
ENVfRONMENTAL REVIEW
In 1993, the City Council certified an Environmental Impact Report (EIR) for the Dublin General
Plan Eastern Extended Planning Area and the Eastem Dublin Specific Plan area, including
revisions to Part I of the Responses to Comments relating to the Kit Fox, Addendum to the DEIR
dated May 4, 1993, and a DKS Associates Traffic Study dated December 15, 1992
(SCH#91103064); collectively these documents comprise the "Eastern Dublin EIR." The
Eastern Dublin EIR is a program EIR, which anticipated numerous subsequent actions related to
future development; it also identified some impacts resulting from implementation that could not
be mitigated. Upon approval of the Eastern Dublin General Plan Amendment/Specific Plan, the
City adopted a statement of overriding considerations for such impacts. The City also adopted a
mitigation-monitoring program, which included a series of ineasures intended to reduce impacts
from the implementation of the plan. The timing for implementation of these mitigation
measures is summarized in the adopted Mitigation and Monitoring Program matrix.
A Supplemental EIR (SEIR) was prepared for the EDPO plan and annexation and was certi~ed
in 2002 by Resolution 40-02 (SCH # 2001052114). Also, a SEIR for the Fallon Village Project
(SCH#2005062010) was certified by the Dublin City Council on December 6, 2005 (Resolution
222-05). The Supplemental EIR addressed a Stage 1 Planned Development Rezone and
Amendment for the 1,132-acre Fallon Village Project Area (PA 04-040).
An Addendum to the prior EIRs has been prepared to address the currently proposed Jordan
Ranch Project (see Exhibit A to Attachment 9). The Addendum and a related Initial Study
concluded that no further environmental review is required for the proposed project based on
the analysis and mitigation of environmental effects in the prior certified EIRs described above.
Page 9 of 10
~'~ ~ 95
~
The proposed project will not result in any new or substantially more severe significant impacts
than those identified in the prior EIRs and no CEQA standards requiring further environmental
review are met. As noted in the Addendum, all previously adopted mitigation measures
applicable to the Project would continue to be required. However, since signi~cant
environmental impacts were previously identified for the Project in the prior certified EIRs that
could not be mitigated; any approval must be supported by a Statement of Overriding
Consideration.
ATTACHMENTS:
1) Ordinance Approving a Planned Development Rezone
with a Stage 2 Development Plan for the Jordan Ranch
Project.
2) Ordinance Approving the Development Agreement for
Jordan Ranch Between the City Of Dublin and BJP
ROF Jordan Ranch LLC (Mission Valley Properties),
with the Development Agreement as Attachment A.
3) Planning Commission Staff Report dated May 11,
2010.
4) Stage 2 Submittal Site Development Review booklet.
5) Resolution of the Planning Commission
Recommending that the City Council Consider a CEQA
Addendum to the Eastern Dublin Environmental Impact
Report, and the 2002 Eastern Dublin Property Owners
and 2005 Fallon Village Supplemental Environmental
Impact Reports and Approve Its Findings That No
Further Environmental Review is Required for the
Jordan Ranch Project without attachments.
6) Resolution of the Planning Commission
Recornmending that the City Council Adopt an
Ordinance Approving a Planned Development Rezone
with a Stage 2 Development Plan for Jordan Ranch
without attachments.
7) Resolution of the Planning Commission
Recommending that the City Council Adopt an
Ordinance Approving a Development Agreement for
Jordan Ranch without attachments.
8) Resolution of the Planning Commission Approving Site
Development Review and Vesting Tentative Tract Map
8024 for Jordan Ranch with Conditions of Approval.
9) Draft Planning Commission Minutes of May 11, 2010.
10) Resolution of the City Council Considering a CEQA
Addendum to the Eastern Dublin Environmental Impact
Report, and the 2002 East Dublin Property Owners
(EDPO) and 2005 Fallon Village Supplemental
Environmental Impact Reports and Approving Its
Findings That No Further Environmental Review is
Required for the Jordan Ranch Project, with the
Addendum as Exhibit A, the Initial Study as Exhibit B
and the Statement of Overriding Considerations as
Exhibit C.
Page 10 of 10
~~~~ q~~
ORDINANCE NO. XX - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***~*~*~*~**~
APPROVING A PLANNED DEVELOPMENT REZONE WITH A
STAGE 2 DEVELOPMENT PLAN
FOR THE JORDAN RANCH PROJECT
PA 09-011
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Jordan Ranch project site is located in the Fallon Village Project area. Through
Ordinance 32-05, the City Council adopted a Stage 1 PD-Planned Development Rezone
Amendment for the Fallon Village Project Area which, among other approvals, established the
maximum number of residential units at 3,108 units for the Fallon Village Project Area.
B. The Stage 2 Development Plan establishes the number of residential units for Jordan
Ranch as 457 detached units, 309 attached units, and Mixed Use (consisting of 10,000 to
12,000 square feet of commercial use and 14 attached residential lofts) within six
neighborhoods.
C. The Eastern Dublin Specific Plan recognizes that roadway alignments and land use
boundaries are approximate and that flexibility is needed when interpreting the plan. It further
notes that minor adjustments to roadway alignments and land use boundaries may be
necessary and that the land use map must be used in conjunction with goals and policies.
Through Ordinance 45-08, the City Council adopted an amendment to the Stage 1 Development
Plan for Fallon Village (Ordinance 32-05) which set forth minimum yard requirements for 50% of
the product proposed within land designated for Medium Density Land Uses. As such, minor
adjustments to the land use boundaries were made to meet the minimum density requirement of
the Medium Density Land Use range (14.1 du./ac).
Section 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as
follows:
1. Jordan Ranch Planned Development Zoning, including a Stage 2 Development Plan,
meets the purpose and intent of Chapter 8.32 in that it complies with the land uses
and maintains the residential character and densities adopted with the Stage 1 PD-
Planned Development Rezone Amendment for the Fallon Village Project Area.
2. The Stage 2 Deve/opment Plan for Jordan Ranch will be harmonious and compatible
with existing and potential deve/opment in the surrounding area in that the Project
continues to reflect and implement the type and scale of development envisioned in
the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to
the character and density of the Stage 1' PD-Planned Development Rezone
Amendment for the Fallon Village Project Area. It provides attractive and interesting
Page 1 of 50 ATTACHMENT 2
~~~~~j
/
development among the six residential neighborhoods, establishes a village center,
and preserves open space, hillsides, and natural habitat.
B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council
finds as follows:
1. The Stage 2 Deve/opment Plan for Jordan Ranch wil/ be harmonious and compatible
with existing and potentia/ development in the surrounding area in that the Project
continues to reflect and implement the type and scale of development envisioned in
the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to
the character and density of the Stage 1 PD-Planned Development Rezone
Amendment for the Fallon Village Project Area. It provides attractive and interesting
development among the six residential neighborhoods, establishes a village center,
and preserves open space, hillsides, and natural habitat.
2. The Project Site is physically suitab/e for the type and intensity of the zoning district
being proposed in that the Project maintains the general character and density of the
Stage 1 PD-Planned Development Rezone Amendment for the Fallon Village Project
Area and will implement all adopted CEQA mitigation measures identified in the
Eastern Dublin EIR, the EDPO SEIR, the 2005 SEIR related to potential
environmental impacts associated with development of the site. The Project site is
highly accessible and provides for six residential neighborhoods, a village center, and
preserves open space, and pedestrian circulation.
3. The Stage 2 Development Plan will not adverse/y affect the health or safety of
persons residing or working in the vicinity or be detrimental to the public health, safety
and we/fare because the Project will comply with all applicable development
regulations and standards and will implement all applicable mitigation measures
identified in the Eastern Dublin EIR, the EDPO SEIR, the 2005 SEIR. The CEQA
Addendum for the Project identified no potential for significant environmental impacts
beyond those in the previous analyses.
4. The Stage 2 Development Plan is consistent with the Dublin General Plan and
Eastern Dublin Specific Plan in that the development plan remains consistent with the
land uses of Single-Family Residential, Medium Density Residential, Medium High
Density Residential, Community Park, Neighborhood Park, Neighborhood Square,
Semi-Public, Elementary School, and Open Space,.
C. Pursuant to the California Environmental Quality Act (CEQA), on June 1, 2010 the City
Council considered the CEQA Addendum 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.
Section 3. ZONING MAP.
Pursuant to Chapter 8.32, Title 8 of the City of Dubtin Municipal Code, the Dublin Zoning Map is
amended to rezone the following property ("the Property") to a PD-Planned Development
d istrict:
Page 2 of 50
/~ ~~ q,
189.4 gross acres within APN 985-0027-007-02.
A map of the rezoning area is shown below:
LIVERMORE
PLEASAN70N
Section 4. STAGE 2 DEVELOPMENT PLAN APPROVAL
Any amendments to the approved PD-Stage 1 Planned Development Rezone amendment and
Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal
Code.
The regulations for the use, development, improvement, and maintenance of the subject
property are set forth as follows and are hereby approved:
Stage 2 Development Plan
The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance.
1. Statement of compatibility with the Stage 1 Development Plan. The Jordan Ranch
Stage 2 Development Plan is consistent with the Stage 1 Development Plan for the Fallon
Village Project area in that it provides for 457 detached units and 309 attached units, Mixed
Use (consisting of 10,000 to 12,000 square feet of commercial use and 14 attached
residential lofts), a 5.8 acre Neighborhood Park, an 11.1 acre portion of a Community Park, a
2.7 acre Neighborhood Square, a 10.1 acre Elementary School site, a 2.7 acre Semi-Public
use site, 52.7 acres of open space, and other related improvements approved in Ordinance
32-05.
2. Statement of uses. Permitted, conditional, accessory and temporary uses are allowed as
set forth in the Stage 1 Planned Development Rezone amendment for Fallon Village in
Ordinance 32-05, incorporated herein by reference (PA-04-040).
3. Stage 2 Site Plan. The Stage 2 Site Plan for Jordan Ranch is set forth below:
Page 3 of 50
~ ~ ~~
~
4. Site area, proposed densities. The gross and net area of the Stage 2 site, maximum
densities and maximum numbers of residential units by type are set forth in the Table 1
below:
Table 1: Land lJse
Land Use/Zone Unit T e No. of units Nei hborhood Densit Acrea e
Detached- Sin le-Famil
Low Density
Residential . 5,200 sf minimum lot 80 du 1
4.8 du/ac
Low Density
Residential . 4,000 sf minimum lot 172 du 1
4.8 du/ac 52.~
Medium Density
Residential . 4-unit Clusters 111 du 2
6.9 du/ac
Medium Density
Residential . Small LoUAlley Loaded 94 du 3
6.9 du/ac 29.2
Subtotal 457 du
Attached - Multi-Famil ~ Mixed Use
Medium High Density
Residential . 3-story Townhomes 126 du 4
14.1 du/ac
Medium High Density
Residential • 3-story Towns w/Flat
Live-work O tions
92 du
5
14.1 du/ac 15.8
Neighborhood/Village
Commercial
Mixed Use . 3-story Towns w/Flat
(Live-work Options)
91 du
6
15.9 du/ac
6
6
• Loft over Retail
Commercial 14 du 6 15.9 du/ac .
Subtotal 323 du
Semi Public 5 _ 2 7
Elementar School 1 - 10.1
Communit Park N/A - 11.1
Nei hborhood Park 1 - 5.8
Nei hborhood S uare g _ 2 ~
O en S ace N~q 52 ~
Total 780 du 8.21 du/ac 189.4
Page 4 of 50
!5 q5
5. Development Regulations.
The follo4tiRing development standards appty to the varicws neighborhvods within Jordan Ranch. This
community is pl~vined to provide both single famity and rnutti-family housing through a variety ofneigh-
borfioad styles. It is i~tended to create affordability by design, b~ making a c~onsciaus effort to limit
the size of the homes and maximize the pub[ic and priwate open space within the community, These
standards shall s~pplement th~ose found in the talale of standards and pCan requirernents in Dublin's City
Qrdinance.
\
~ ~ ~~~
~ _ , ~ ,~ , ~ ~..
~
~
~
~
~
f*Je`agh~t~~hao~ Key I~"4ap
Low Dens~ty Resr'dential
~' S200 SF Lots
~ ~ooo sF ~a~
Medium Densi~y Residential
~^v__~--:. Ctusters
~ ~ Srnall Lot Alley
Med-Hi~h Density Residentiel
~ ~~'P 3-StoryrTowns
~~ Towns/Flats
~ Mixed Use
,~ C~ ~ D A 1'*~1 R A 1'~~ ~; H ~ 2-1
Page 5 of 50
~
~
M~M
~
~
~
~
/~~ ~~
~~~ ~ ~
It is impc~rrtant to create a street scene that pravides visia~l quality ar~d variety:
~ I t~~ ~ L~ 1~~ ~~ 1~.;~r' ~ f: I~.:, F-~ C~~:~~h-1 ~~~~~~.~ ~
Visual quality and vari~ty can be ac+c~m~ished boy siting h~mes avith varying setb~dcs, revers~nQ plans so
that garag~s and entries ar~ adjacent #o each other w~here possible, and providing architectuur°a1 massing
relief ttu~gh pc~rch~s, bays an~d ather sir~~e story c~lements ak}ng the street, Where s~ides and rears of
ha~nes +can tae v~e~ved from streets or open sp~ace, articulati~ of t~ese e~evati~s is im{~ortant as we11.
Thzs ca~r~ be ac~c~mp~shed by providing architect-~r~l m,ass'v~g relief ttx°oug~r varied setbacks a~r~d by pro-
vidi~g botfti or~e and twcs str~ry elerr~ents at these k>caticros.
VARIEQ GA9Lf5 AT
9UtLOINt; APPR{aPR1ATE
hAATER6AL5 SCALE9
~~
~ ~ . ~ r ~ , . ~~t ~~ ~~
, , ~ ;~ ~ ~ ~
' ' ' ~ '~. " ~ K
1 ~ ~ s ~ ~
1,3 ~ '~~ ! . t ~ ~{ , ~ + T
~ "r L.. 7..... y. ~. <
VARYING PORCH 5E ~F UhiE
L4[ATIONS ~ 8 7wO STORY
DEP7H ELEh4EPt1S
VAREECI ROUF
FORtvtS & PtTChiES
~~
,.:r ~ ;~ ~,~ ; . ., .::
' ~; ~~ ~.,, > ~~ '
F t
§'~~ i ~t^'YY ,~ `-,'. I ~~i,'.,°^v
~
~:` s ~ ~ ~., xt~~ ~ 3'.
~~ ~ 9,~
I~M1VlYi~Y~L`'~, 1_RVI'41
ENTRY AT €JICH
~lEVA11t~N
VAR~'tNG UPPER F~~J4R
SEIBACKS C~ 51bE ~ REAFt
attricuv~TeD FnG~o~s
r~u, sio~s ~a~ar~G tH€
STREET
_. _ .._ ,~._ _ _ _ . . 1 ,. . ._ _ . .
VRRXIHC'i ~RtJN1`
SETt~CKS
`straF;l~ ~~stt~il~,' ~~~~m,~e~~t~ ~~t'~~„r;~~~i
`r~~`lCUlA710N OP ~ROiN1
F,4CADE~ hNl7 EI5~ OF
ENCRt>ACHI~It3 BUILDING
EI.EMENTS TO PR()VIbE
VRRIED STREETFRONT---
~-2 ~ _~ ~~ ~-; ~~ ~ ~~ ~''. .~ ~'"~ ~, - }-{ '
Page 6 of 50
~~~~ I /
~
Sing~e Farnily Si~~ aeuetopment Stantlards
~,200 s,#. La#s 4,~0 s.i. Lats
Typical Lot ~'Vidth 5$.5' min. ar~d at~ove 5U' rnin. and above
Minimum Lot Size 5,2aQ s.f. d,C1C~Q s.f.
Minimum Strert Frontage widf~ c~i ~5' 35'
cul-de-a~~/lcn~tcklts
Maximum Lo# Covcrc~ e 55°~ an~ stcs /d59b twca sto ~590 4rse stsa /459~ two s#ory
N'-~ximum Building Hei~ht 35' 35'
1Vk~ximum Staries 3 3
Minimum Front YQrd 5etbacks
Living Area 15' 15'
Parch:lD~ck 1 Q' 14'
Gara~e {#ront #acing~ 18' 1 ~3'
Garoge {side far.irsg~ 1?' ~;li4
En~roac~merats 2 max, i~tt~ reqa~l, setbe~ck 2' max. inta rtq'd. setback
Minimurn Srde Yard 5~t6~seks
First Floor 5'-2' S'_2"
Upper Flacsrs 5"_2" min.l`~~ ~ 7.~° min. 5'-2~ min.,~~t~'D~i @ 7.5' rrtin.
~4f1'lt'T ~O~ ~ I;}~ ~ ~~
Porc~/C)eck 7' 7'
Encr~oachm~rats 2" max. i~tt~ ret~`d. setback 2' max. inta rec~'c!. set~ac~
JWlinimum l~ear ~ard S~#backs
Living Aret~ 10° min./15' min. t~verage 12' min.115` mi~. ~rver~ge
C3ne story Garage 5'-2°' `,~'-2"
living ,A~ea above Garage 7.5' 7.~'
Encroachmtnts 2' max. into re~°d, s~tback 2' max. into r+eq'd. setback
`~t?t? s,f. mira. f~~at ar~a 5{~O s.f. r~~in. flat a~e~a
Us~bie Private Rr~r Yard Space m~n. dirnens~vr~: 1 Q' min. dimensaon: 10'
Reqt~ired PQrking 2 sp~aces cover~~ 2 spoc~s covered
Gu~est Parking 1 spoce 1 space
h,lo#es
1 Se#bacles are mcnsuret! fr+~m the proper#y line
2 In neighbor~toods af 5,20~D s.f. (cr#s and gre~tter, 509b of homcs bo~ckint~ up to open spaee
or public sfreets shal! havr on~ story etemerrts on visi6ie e~evQtions
3 In neighbcrrhooc~s of 5,2flfl s.f. lots ~nd grecsFer, 50% ~rf homes bockir~g up to s~pen space
t~r puhlic s?retts sF-oll E~av~ a minimvm t d5 oi#set at th~ rcar alevafian
d In nrighbo~rhoods of lot~ lCSS th~~, 5,2t~Q s.f., 5CN3o t~f hamrs ba+e~cing wp to opc-a spoce
or p~blic streets shalf hove a minimum 2.5` t>ffset at the rear e~evatio~
5 Third stories must be tucked betow the roof (ine in#o ati~ic apace
6 C3ne story Faomes ca€ra hcrve °nestec~° a~econd floor living s~sace witin t~e r~f c~r attic spac+e
7 Encraac~rr~er~ts m~y inc~ucle windav~r b~ays, c~mneys, furred cct~mns ~sr w~a~ls, A/C uniis
~nd other orehitecturvl prajections. A rr~ini-s~um o# 3' elec:r passcsge must be maintoineel
for emergerzty respc~nders.
8 GuesF par~ar~g shall be provided vn street
..f t':~ 1~4: C? a~`~ ~'~ ~~ .F~~ !``~! te : H
~2-3
Page 7 of 50
18 ~ ~5
~
~ST Fi.~qQR:
SECOND F~C~C
7'17' M1Q1 F'3~!
ELEWi~T141Y
TYPICAL itdTERI{~R LtJT
.f ;-~'
. ~., ~~.~.
FIRS' FLOOR:
S~C~16 fLDt
~ AUK Ft7K
ELEVp"fil'~N
TYPICAE. INTERIC3R LQT
~~:~}~w~ sf ~.4~~t~:
~~o~;: s+ ~r~u
r~uQ F~cro~ sa
w~t~s~co
4T~CN1
FIltsT F`c~OR:
5EC[)P1I7 €iCK
7'.RS• hAtN_ fQR
~iEVAT1ttY•~i
TY~~CAL CC7RNER LOT
TYPI~AL CORNER LtyT
2-4 . i t~`~ ~' C~ r~ C~~ Fm ~~~1 ~" }_{
Page 8 of 50
~~~ ~,_~~~.
~n kanR s~s~ ~a~~
~l~~s~~
rns~h+
FI+~t {=.AC~It
SECODID F€OC
7'.~5" ~+J?ti F~t
E':E.'ATICSh
/~~
~ ~~
Medium t~ensi#y Singte Famely Site DevelQpmQn# Standards
Typical la# Wi~th
Minimum Lot Srz~
lu4inimum Stre~t Fro~t~gc widfh @
cul-de-socjknuckles
Maximum Lat Coverage
Mazimum Be~ilding HergF~t
N't~ximum Stones
Minimum Front Yord Setbacks
Living Arra
Porch/Deck
Encr~achments
Mir~imum Side Yard Setbticks
Yard Side
Al~ey S~de
Comtr Lat
Porc#~/CJtck
Garag~ ~alley facing)
Encroachments
Mirtimum ~ar Yord Setbacks
Living Arrcr
~oroge (al[ey focint~)
Enrr~achments
Usable Private Yvrd Spaee
Rec~vire~d Parking
~.7V~S1 ~af~CIRS7
r``~O~eS
Clust~rs
6t)" min. and a6~ave
3,fi0{? S.f.
54'
5596
35'
3
15'
~~~
2 max. into req'd. setback
5'_2"
l5' first floarJi 3" sccand f(ac3r
frorn ctnttr o# autcscourt
10'
5'-2' (7' a~ corncr lat}
18' #rom c~r~ter caf acetococsrt
2' max. into req'd. s~tback
~`-2~~
l'~/A
2' max. into req'd. s~etb~ack
d00 s.f. min. #~at area
min. dimension: 18'
S~ee not~ 6
2 5~3~CfS CdY~F~
~ SPQi~2
Smnll Loe AllQy
35" min. and above
2,90Q s.f.
25'
55%
35'
3
15'
1 tI'
2' ma~c, into req'd. setbock
~'-2'~
N/A
12'
5'-2" (7' '~,"~ corn~rr lot)
N/A
~' max. into re~'d. ~etbcsck
15' first floor/13' s~cond flaar
from center of alley
15' fr-oen center of a91ey
~' ~rnc. int4 req'd. setb~ck
e!(3Q s.f. rr~in. flat vrea
rnin. climensio~: l ~'
See nate 6
~ S(JQCeS COY~~~
~ SDQCB
1 Setbacks are mcasured from the p~operty line
2 Third stonrs must be tvcked befaw the raaf line in#o attic spcsce
3 Encroachmen~s may inclvde window bays, chirnneys, {urred cotumns or ~rotls, A/C units
and other orchiffc~turaf projecti~ns. A minimurn af 3' ctear passvge must be mointaineri
far emergenry res~ronders.
~E {'iuest pariang ahali be provi~lyd on street
5 Minimum lot saze dimensiar~a fakrn to center tine of alley
6 Per Cify o# C)ublir~ Allc~ium Cknsity singlr fiamily ordin~nre, o minimum vf 5Q`Yo af
hames must hove thtir awn privute d00 sq. ft, rrtrnimvm yard spate. The r~rrnaining
homrs musf hcrve ccamman open space presvidrd.
_I ~ ~ I~ ~~ ,~. ~1 ~ ,~ C~~ C~' E-~
~-S
Page 9 of 50
~~~ ~ ~
~
~.~ 1 d_;( ~~~. , i _
TYPICAt INTERI4R lOT
~r~s-~,rcEl ~~~t r"~ll~e.w,
2-6~ ! ~l~ ~~ ~;~ .~ ~ ~' ~ ~`~! ~ ~-[
Page 10 of 50
TY~1CAl. CC)RNER LOT
~l~ ~~
~ ~..~
1~i~.:~[~TIW~=~~l~.."~ ~~~~ML~~~~~.~~~L~4
Because these neighbo~eetx,ads are +denser in natcrre, buifdings sha~1 be sited to m~imize ogen space.
Intlividual buildings tt~emselves shal~ provid~ the articxilatic~~ in th~ form of multiple setbacks; mv~tures
af one, tr,vo and three stary eiements; and a variety af par~es, decks and c~ther features that prorride
massing relref. Vllhere s~es of buil~ings face skreets or open space, arti+cutatic~r~ of these elevations is
impc~rta~t as weCl,
BU9~.DII~G
r-VARfED RUG~F
VA1tYlNG UPPER FLC?C?R f~T1CUlATE~ FACADES
s~r~nc~s ~ si~~ ~ ~~.r~ ~ s~t~s ~ne~r~~ n~~
EIEVATlC)N5~-,~ S1'RE E~
~ ~ _
I
i
~ ._ _ .. __
~
. °
( ee
~°°'
' Q G
~
I ~
~
~ ~
~ ~
1
L _ _
,
_ _._
u,~r~rrG ~ROtvT
SET~uCKS
~*'~.l.f~~°S~°~"`c~t17t~~:'' ~~^&~S9t7''J~"l..+i~~,?z',,~,:4"i'4
.~~ t_~ ~--~ ~~ r't ~~v ~~ ~^~i ~~~ l_. ~
_ __ € _ _ ___ _. __ . . _._
~1 ''~ ! ~ .., _~___..._ ~
9 s
` i_ E
ARl`ICULATlON t~~ FR{7N'I
FACADES ,AMd USE OF
EN~CROACHINC BUtlDING
ELEMEMTS TQ PQC}1~L~E
VARIED STREETFR~'
(~
~
~-
Page 11 of 50
~ ~~~
~
Notes
1~e#bock$ are measur~d from fihe property line or assumed praperty Eir~e betv.een
two buildings
~ Er~croachmcnts moy include window bays, chimneys, furred columns or wa11s, A,~C units
and other arct~itectvral praj~efions. A mia~imum of 3` clear pvssage must be cnointained
for em~rgency rtspanders.
9 Gvest parkinc~ is allcrwrd ofF street or on strae#
d Limited units weth tandem porkin~ in priva#e garages is allowed, provit3ed additianaC
gutst porking is provided,
5 AlC units must be srrcencd from s~reet rnew
Page 12 of 50
lVAedium ~iigh a-ensi#y Mutti-Famity Site Dev~lopment 5fandards
Tawn HomaelCondas N~c~d UsQ Lofts
M~ximum Building Hei~i,t 4Ct' d5'
Maximurrs Stories 3 ~
Mir~imum froniYc~ed Setbacics
Living Arra 13' 7 2'
Porch/Dcck t p' ~~
Encroachments 2" max. into req°d. aetb~ck 2' max. into req'd. setback
Minimum 5idz Yard Setbacks
Living Area 1 d' l 0'
~G~rntr Lat 13' l 5'
Porch/Deck 5' (9' ~ corner lo#s) ~' (lt7i' +~ corntr lots)
Encroachments 2'° max. i~to req°d. setback 2' mau. into r~q'cl. setback
Minimum Reor Yard Setbacks
Garagc ~alley facing} 15' from cer~ter af t~tley ~ 5' fr~m center ~af alley
livi~~ Ar~a i 5' ~irst flac+rll3' sccond floar 15~ f~rst #io~rll3' se~ond floor
irom center c~f a91ey from cent~er v# allty
D~cck above Gorage 13' fr~rsn c~enttr af a~ley 33' #ram center oi alley
Encroachrraents 2 rnax. into r~qd. setback 2' mwc. irrto req'd. sttback
Requircd Parking 2 sp~aces cc~vered 2 spacrs cower~d
{'iuest Parking .5 spac~s ,5 spacea
~~ ~~) ~ ~
1 .,':~it ~~ ,~E~~ ~ A :...,
! ;£; %I'DU'~
a~ ~~
~ `~~
6. Architectural Standards.
~ ~ ~~` ~, ~1
The purpose of th'rs sectior~ is ta p~rovuie guidance on the ard~tectural design and massing of #he vari-
aus ham~s and tauikiinqs within Jardan Ranch, Car~ and cansideration sha11 be givsn wt~en plottir~~
specafi~ C~e plans on s~ecific bts to insure a variety af massing, ca{or and material variattan wittun
the praject.
~A~~I~C~
Each home or building shall be articulateci so thst th~e massing c~f'the s#r~eets~ca~e of a neighbarhood has
variety a~rrd visual int~rest. This is a~p~pticable ta at~ front eleva#i+ons, as well as s~eet facing side eleva-
tions of corr~r lots, In additaan, easi~y visrbte rear elevations such as those ~ta# back anta ~p~en space or
p~lic streets sha11 be ~ticulated, Soluttckrts to achieve th~s~ goals in~c~ude;
~ Providing floor p~ans with a mi~cture ofone and two story eCe~ents (when appropriate to the
style)
~ Pravi~ing flaor ptans with affset wal! planes
~ ProvFding a variety af roof forms
~ Providing variety of por~hes, decks ar other ard~itectural elernents
~'~[~~°~-~~ TE;~..'Tl.~f~~~,~. ~~~,.~~~~~~ ~~~~,:~6
Ho~nes and mul~i-family ~iklings shall be plotted ~ a mann~er that provides a variety of floor/buildinQ
~rlans anr~ elevation sty~les along any gi~ren streetscape. Platting tvro #~oar plans csfthe same type on adja-
cen# bts shal[ be avdaded. At nc~ time shall the sarne singte family flc~sr plac~ with the same elevation styie
be plotte+d adjacent to each other Where muCti-family b~uiEdir~gs of the same tyFe mUSt plotted next to
Qr across from each o~er, different oolar sc~emes shall b~ ussd.
Each ~eighbork~o~d shall h~v~ a min"rmum afthe frsllor,ving floor ar unit pEans and elevatian styles:
, 'II_([_.l I ~, d,~~•?(±'t C`J~I`_,~-1s~ <_'4,~1, ~'l'-
* twlixed Use Lofts:
2 unit ptans
! buibd~tg p~
1 eEevaticro style
• 3 Story Tcnvns,{F1ats
6 unit plans
3 building plans
~ ~~~t~, S~~S ~~,
~ ~ st~~r~~,~,s
~ ~-~ ~~s
3 buitding p~ans
2 eleva#ion styles each
~_;lt~~! ~l..E.~ f~~ ,~,1ii_..~,~.1€:~~.T~~-i~,~:~?~',t--1 ,~._;~~~~.:
~ Sma11 Lot A11ey:
4 flaor plans
3 elevation stytes each
~ Clusters
4 flocrr p~ar~s
2 ~eleva#ian styles eacF-
~ 4oac~ s~ ~~~
~ ~~ ~~S
~ e~~~~~ :r~~s e~~t,
~ 5200 SF Lats
3 flaor p~s
3 efevation styles each
2-lU ~~:~ 1~' C~ ,~_ ~'°-! f~? ~~ ~~I i~` N
Page 14 of 50
a~~~ ~~,
~, ~
~.~~~~~~ ~~:~~ ~.~:~~~~~~~:~~~
T`he build'rng materials +a~ tt~ front elevation s}-~ou~d wrap to a iogicat term~ation paint ~r perpendice~lar
char-xge af plane on tt~e side elevation. Building materials c>r~ tximes or buiEdings pl~tted on c~mer bts
shaCE wrap to a iog"~ca! terrn~naticm paint t~r perpendicu6ar cl~ange an ttte rear eteuati~rn. End I~ts c~n ta-nes
or c~urts and k~#s adjacent to ~valking paths shall be oansi~der~etl corner !o#s.
~~~f;YA~"i'C;~~
Homes shatl be pk~tted in a manner tha# maximizes th~ rear vsa~ile por#ic~n af Li3e tot fvr the home~w~n-
er's private +~pen space.
~1~E'Y"~~~[~;~
Homes shali he p~otted ta maximize #he ~isual sepa~-atian bet~ween homes within tEE~e prerject.
~~are shalt be given to minirnize tt~+e aligning c~f v~rindc+ws betwee~ r~eighbaring homes cx1 side
elevations. Wher~ poss~bl~, the visual si~h# lines betw~er~ the homes ~hall be broken.
~ Trash recc~ptacles ar~ pe~mitted to be bcatec! witt~in the side yard sett~-cks (behir~d the perpen-
dicular fence) provided tha# t~rey are screened from view bh' a~Prc~priate sid~ yard fenci~g an~d
hav~ access to the stre~t throug~ an apprapriate gate.
~__f~~:'[~~c ~~~~',~ ~~'~~:;~`~ ~ ,`-a
Encraachments of ~p to tv~~so (2) feet are permitt+ed into required yards f~° architectura[ projecti~ons
that pro~~ide relaef to th~ r~-ain building massing farm. Items such as, but nc~t timited to chirnneys, bay
~vindaws, furred v,r~lts or cc>lumns, retainin~ ~vaC1s less then ~' in height, media centers, Af C units, etc.
may ertcraach 2' irtt~ the required sethaek e,f a side y~rd, provided a 36"' minimum #~at ar~d level area is
maintained for ac~ess arQ~nd the house.
E~ ~e ~ I !._. C") l E'~ ~; ~~E-: [ ~.~ F-~ ~
Singte famiiy t~mes s}~atl be limit~ to thirty-~ive (35) feet in heiglat. Third ~tary rr,sorns are allawed, but
must be tuck~d belotiv tt~e r~f Eir~ in att%c sgace. Rcaofdormers, tifts ar gable ertid wind~ws are allow~+d
to provide ~~twrat light and v~#ilation into these raorris.
t'~lulti-family buikl~r~gs s~al1 ~e lirnited to three stcrries and forty (40) feet in h~ight. Mixed lJse buildings
shaEl be limited ta three stori~es and forty-five (45) feet in height.
C:,ti ~ ~~:: t--~ ~ ~ ,~ fi~ C~ ~~ ~: ~:°. t~~
Porch~s may be used as singte s#ory elements at street elevatians ~'they are incorpcx-at~ inta the ~rchi-
tecture and r~ines of~e horne.
~ A minimum of 4d% of the singie family h~rr~s must have porches.
• Porehes and t~ecks shal! be des~~ed to reflect the a~ppr~priate sca~e an~l cietail f~ the architeo-
tur~l sty~e they are associated with.
~ Porches shatl be a minimum of fr~ur (4} feet rn depth so that they ar~e useabEe tt~ tt~e home-
ov~,rners.
_l ~~~ C? C~ ,=">A ~`~ ~: ~~..1`~ ~;:; E--~ ~~ 2-_l I _
Page 15 of 50
~lP D~ ~,,,,,,~~~
~~
'~il~s~C~i~.i~~? F~,~"~~ ~~~~~~r~~#"~
Gara~es and ck-ivevv~ays sfiould be set b~ack frc~m the main fa~~e of the hom~s on the 4QQ(~ SF lots ar~d
5240 SF bt~. Gara~es should be s~tback fram the sicie fag~c4e af the Clusters to create ars nvi#ing p~th-
way to horn~s oc~ th~ back side of the cluster.
VarYing gara~e bcations and cexafigura~ons from rt~ighborho~d t~c, neig~borhood is important. Some
strategi~es to accomplish the'desired results are:
~ Qes~~ns st-~atE strive #o redc~ce th~e orrerall visual rr~ss of the ~ara-$e ~an tkte fr~ont elevation.
~ taara~es shcw~d i~e de-ernphasized by hig~lighting ott~er elerr~ents of the t~ame tt~raugh architee-
tural fc~rrn.
~ The gara~;e must bc set back behind tt~e main tiving space of the home.
~ Front facing, three-caz gara~es shall r~o# be allowed, att~ough an interior t~r~ car tandem spaee
is peerr»itted.
~ Ihive1vays shall be varied in ~vidth as appropriate to #he various p[an types.
~ C7n~}r sect~nal type g,arage doors are p~e~-mitted.
~ Driwe~vays shall atternate al~+ng the street as much as pc~ssib[e.
~ Alleys are ene~uraged ta hid~ garage do~rs from the street.
~~ U
~~
~ ~
EL~~"ATI~i'~f~
All fiour sides of ea+ch tx>me c~a° buiEding sh~outd be given si~nilar archi#~ectural treatmer~t. Where materials
from t~r~e elevation term~r~ate cm an adjacent el~vation, care and c~siderati~oc~ shall be giti~en to identify
ar~ a}~Pr'~pria#e terrninvs fcrr the mat+~rial.
(~iE C~ ~ ~`~ ~.C~l C:~ ~ M ~ [~ ~,:~i~
Recesses and shadow lines s~halt be created by the arcF-itec#~e c~f t~ horn~ or build'rng, R~cess~e~d win-
~ws are er~o~aged wt~n appropriate tc~ the styie.
~ ~"~~~::; ~~°-I 1 ~T (-: ~::;T 1..1 ~°~ ~ [.. F-~ i~ t ~ ~1 E~: ~::= 7~ 1 ~:~) ~ ~
Appr~priately scaled art~i#ect~al pro~ection~ such as wincbw bays az~e er~taa~arage~! in c~rder to proa~ide
additic~nal massing farms.
`:s T l:a f~ i~' 1~~~:~ Fa ~. ~[~~ r'~~ w~
Where possibte, the ugper stocies of a hc~rne or building shall b~ k~cated beh~ncf ~ver st~ry eleme~ts
created by livir~g sp~ce, garage space or porch elemen#s.
~:: ~°~ ..T E~`~' ~ 1.~~; ~ E : C~~~ E.w ~'°~ ~
Each home t~r Eiving unit shall have an apprapriately scal~ed entry e[emer~t. These efemec~ts may inc~~de:
~ D~;corative surrourtds
~ Parc~es
~ Forticos
~ Gard~n V1~atls and C,ates
~ Trellis~s
`.~ I [~ ~ ~ Ir ~'~'~~f I C~~ ~[ ~
Side el~vaticyns af hames ~r bui~dings sh~uld hav~e architectural relief and detaiting similar to tl~e front
artd rear elevation. This reliefau~d detailing sha11 be appr+crpriate in scale to the ov~rall architectural st~y~le
f
h
h
b
l
i
l
o
t
e
ome or
ui
c
ing.
# miay be necessary to enhance visibEe side and r~ar el~~'21t~f15 VY}l~f@ ~ Yl{'~M
is prominent.
`v~'I~~~:~~J~ t~~#[." [~~:~~~fi~
Wit~do~v grids, dc~or stytes a,nd t~eir assc~~ated tri~ d~sign shall vary per ~ievation. Gonsastency of this
detailing arc~d ail elevations st~ail be maintained.
~ On a1l el~vatians, oPenir~Ss shal~ be articulated with the ~-iate head ar~d ~ill details as a
minimum. ,~arnb detatls ~hvu~d be ac#ded when a,ppropriat~ tc> ~e styl~.
~ Sh~tters, if irtc+orporated, s~alf be si2ed app~-apriately to da+e tivinc~aw or doc~r° they serve.
~ Windrnv ~rids, vwhen a~ppr+~priate ta thC a~-c~atectural styrle, st~alt be used on alt elevations.
* Wic~ws may tae provided ir~ Various shapes and sizes} p~ov~eti they are ~-ppropriate to the
arch't#ectural sty~ of ~ harrr~ or ~il+ding
,.! 1_~ f i~,~ a'~`1 I`~ 3't s`~, t~~ `a... I 3 2~~~
Page 17 of 50
~~ c
~
Uortner windcyws shalt be ar~chitecturally c~rr~ct in scale, prvpc~rtic~n and detail 4vith the se-
lected aroccltitect~a! style.
~ 8ay vv~nccio~vvs shat! be carr~ed dcnvn to gr~de or express a~pd°crpriate visuai sc~pport o#'a cantile-
vered candatian. The ~vall area of b~ay urindows shal! t~e detailed in a mar~er that is ap~ropri~te
to tt~ arc~tectur~l style,
I~~F~~r~F~
A vari~ty of'roof focrns and pitches s~aCl be provEded ~! witl assist in meeting ttte massing and site criteria
for Jordan Ranct~. Roof p~tches shall lae appropriate to #he architectc~al style of the Farne or buitd~g.
~ Nte~fiar~ical equip~n+ent, 4ther than sc~~ar ~qc~ipment, is not permitted tsn the roc~f.
~ Scslar equipmer~t shaH be ~nstal[ed at the sa,me sk3pe as tfie pitch of the raof ptane on ~~hidi it is
It~cated.
~ Sate[lite ~iishes shafl be ~cat~ so that th+~y ar~ limit~d from ~treet vie~w as much as pQSSib~e.
Gentra~ h~~ok-ups shalC b~e provided for al! sin~l~e famify ~omes and mutti-farniJy buildings, ln addi-
tion, ~ centr~rt "Etc~me rvn„ locat~n shal! be prorri~ed fvr mutti-fami~y c~its. Satellite dishes shall
not be permitted Qn de~cks, bal~conies or railings.
~ Rcx7fper~e#rati+~ns ~r ve~ts sh~Jl ta~ on the rea~ side af roc~fridges «~henever }~ssible. Ali ve~ts
shaCl be paint~ed te~ match the aaior ~f the r~o£
~{~verhangs shall be ap~srbpriate to tfie ~levational style of the hame ar buildin~.
~~°~,~:'T F I~1~~1..,~e~ ~~°~~.~ ~',~: ~~ ~~i~~;~:~
Th~ ext~rior elev~tio~~ shall re~ceiv~ a cor~s~sten# use ofmaterials an~d cofor~s on aIl sides. Accent rna-
#e~i~ls such as brick and ston~e used on street facing elevat~c,r~~ shauld be returned t€~ a~ogical pc>int of
terminatic~n at perper~dic~~ar ch~r~ge af p~~rt+e 4n the adjacent elevatior~s. Natur-a1 ar natura-! appearing
ma#er~ais shail be used as c~etails to cornplirnent the ac~chite+ctural style, and are subjec# to architectural
c~esign review.
a~~9~
~ ~ ~ : ~~
The co~rirnunity of,kxcian Ranch is designed to r~~eet a time r~,fien simple farmhouses, eottages and
bams u,'er`~: tt~e P~°edomir~ant b~eilt strt~ctures arnong ti~e rol~~g hillsicles. The clesign intent is to create a
~mmunity that tauches e~on the history c~f tfie site, To ~ccomplish this. a rur~1 palette of architectural
styles ~s used #c, deveb~ the tFte~ne; Farrnhouse, Cot#age, Sh~gle, ~o~~ Victarian, C++c~CCanial, ltalianate,
Fol~c Vict~riar~ and Rural Conterr~rary.
The f~all~w~~ archit~ct~ral guid~tines warEc in +cc~n~ur~ction ~vith the gerterous amount of c~+en space
to create a oarr-munity ~,at tou+ches upt>n ttre histQry of the s'rte. T`F~e cammc~n architectural theme
enfcx^~es a sense of place, Strong 1ar~dscape desi~n completes t~e connection betrveen the built corn-
munity arad the natural site.
Ttre follo~,vun~ feati~res shall provide guidance fe~ architectural style th~oughaut t~e ne'rghboefioe,ds of
Jordan Rartch:
~ Ar~chitec#xn-e shall b~ simpl~ ir~ mass~ng and fe~rm ar~d pr~~ride visual in#erest.
~ Arcfiatectural elem~ents and materials ~}~all be mixed and matc}~~d among eleva~ion stytes tc~
pr+avicJe vaziety.
~ G+~lor ~alettes shatl ~ bold a~ad appropriate tc~ the style
While r~eighbartx~ads may !~e traditic~naE or conterrtporacy interpretaticsrts a~ detailed 'rn the exampl~>s
belotiv all s~rtes shall reflect the simple farm h~use and cottage theme of the ~r~-Ernunity as a~vt~oJe.
The simplicity of ~e structures is the key ~;I~ment us~ed tfl ewoke this th~me. Hcames have a basic mass-
in~ and fvrrn, which is tfie fram€~work of the design th~me~. T~is is an important feature because the
ar+ch'rtectural style does not Fe~ve rnuch c~r-namentakion t~ it. Pit~h tyeeaks, d~rm~rs, lifts and c~c~pped
plates dress up the simplicity of the massang and ar+e fekatvices that ar~ cvmrr~on to t1~ style.
Madest ~d s#raightFonvard rrn~t,~r~aEs associated vvith local rural buikiings are ~Is~ irn~riant features
af th~ d~sigp t#~eme. Thes~ rnaterials are used in different camk~inatia~s tc~ create variati~sns af tt~~; ar-
chi#ectu~-al sty1e.
Exatmples of s~ng~e family homes and maul#i-fami9y rlei~h~orhoads that ~a+d~ess t~ese guidefin~s are
shown in t~re f~ltowing vign~ttes.
36 ~ ~5
~
~
~
~
~
~
~
~
h~
~
~
~
~
EKA~PLES - Sii'~11~L~ F,~i~'itLY N~I~HE~C~(~MC~~?[7~
~~~~~ _ ~~
`
• Vari~d R~crf ~orms and Pl~te Heig,hts
~ F3r~asd an~i Batt Sidir~g
• ~ric~s Vec~ecr Accent
* 'VY'a~od B ay
~ M~ta1 RoofAe~e€~t
• S~mpte M~ssing
'~ Pres~csrtaor~a3 [3ort~ers
• Stucc~ Finash
* E3~ld Colc~rs~
• W~d B~iy with t'~4et~s( R.~af
~ M~a~tur-e ofFtoc~fP~xch~ _
* Ciu~rd ant~ Bat~ Sid"ars~
• Stone V~nc:er A~certt
~ Wc~d Bays and Lifts
* Meta1 RcacafAccent~
J~R~,~[V f~ANCN
Page 20 of 50
~/ ~
~ ~
EXAI`Mf-'LES - S1N~'-L~ ~Af'~IIL..Y t'~EICiMI3C~~MC~C?DS ~C"eutta,r~ed)
~' Sirr~pt~ F~,r°ms
~ Va~°ied Ptate F-Eeig~ts
` La~ Siding
• Brick Chimney
* Shuft+~rs
+ C~ne acad T~a Stc~ry Mass3ng
~ '4/aried Ptate M~igh#s
~ S~i€rs~te S'tdsng
• Brick C~iimr~~~
! ~(~d Bay a~d P~tsheif
J~~L~At~I F?A1Vt~: ~-~
* h~lixturra ~fStc3an~= I'~1~t~r~LL~#s
~ ~impEe J`~'4~sssF-~~
• 1/~,ried R~f Farms
* Met~f Pc~rch F~c~f
* G~.bEe End Treatr,~ent
• Hip~ed FZocaf
• L)e~k
~' L~p ~%ding
~" Brick Ghamney
* Waod Raal9ng arsd Pc~tsheEf
~
~
~
~
~
~
~
~~
~
~
~
~
Page 21 of 50
~ _ - _ - _ _ I _ _ _ _ - _ - - -. - -.- ~~~l~'~~
/ ~ V1/, ~~////
/ J
~~.!•ll ~{m4~.f ~'!-i~~~~~~Tli`k'~i ~Le'~tiWV~~~VV~
~
~
~
~
~
~~
~
~
~
~
2-18~ ~l C~~ (~ C) t~ [^~ R A, ['~! C=, }-(
Page 22 of 50
~~lr~t~}aI~ M~~ ir,,~ a 1~~,~c8~a~ ~r ~~t~e~( B~i~~ti~T~a~:~~ a~7~~~,4~n~nE~~._-~_
~ P'~l~xt~~r-~:. esf 1°~1~st~: r~ ~1>> *!`~l~t~c€ ft~af ~c.c~ nts
~ $rickA~cc~v~ts
'~ S'smpl~e Ma~ssirag * l~~t~tai Ro~afAc~cecats
~ Varied i~Eat~ H~aght~ • Stee( ar Wc-~ Bal~orties ar~d Treliis;~s
* Miactur~ u~'P~'t~teri~~s
' Sss~~ple f~rr~~s break u~ ~aa,qli.~iir~g n7~~~ * Sl,de~tg shutt~e~
* V'~i~ty of sadrr~g; m~tteciaEs R 1+''fet~[ awr~ings
~ Promin~nt balc,~n~es
.~3~ ~~
7. Preliminary Landscaping Plan.
SECT~~E`~ 3
IEGEND
ACER RUBRUM YIRMSTRdiVG' - Scuiet Mapie
~~ CAkPINUS BEttlIUS'fASTKiIATIK - Hombeun
~~ CELTIS OCGDEN7ALIS - Hackberry
•~'°°, CHITALPATi\SFiKENTENSlS • CMe~
<,, ~^„x'^„ FRAXINF.IS /11JGUSTFWLIA'IiAY1~Vt.70D' - Raywood Ash
~~ LOPH05TEMON COMFERFUS - Brush $aa
++~ PYRUS CI+LLERYMIA - Flowerin~ Paar
~~ ROBINIA AM81GW 'Plfi~P1.E R{1BE' - P~rple Locust
~ T1lIA CORDATA - Littk leaf Linddn
~ ULMUS PARVIFOLIA 'DRAKE` - Ghinae E!m
..t~}~DA.N ~ANCN
~
~
~
~
~
~
~
~
~
Page 23 of 50
STREET T~#~~ IAGi~~l~+t
-.~~~
~~~ ~~
b
~~~~~~~~~
STi~EETT~fiEES
~:~
~~~.
~
~
~
~
~
~
~
~
,~,~;~~,
~.
FRAXiNUS AN6tISTIFOLIA'RAYWOOD' ~OPHOSTEMON CONFEATUS
Raywoad Ash Drush 8ox
,.~~~D~rtv ~~NCr~
Page 24 of 50
~~ ~. ~~b~.~e..
ACER RUBRUM ARMSTRONG'
Scartet Mapk
CARMWUS BETIlL.US'FASTIGIATJI
Nombeavn
CELTIS QCGDEN7'ALIS
Hockbcrry
Ci11TALtA TASHKENTENStS
Gh~copw
35 ~'~
~
SECTC~(U ~
STR~~TTREES
S.iC~F~DAN RANCH
~
~
~
~
~
Page 25 of 50
tlOB1NIA AMBIGUA'PURPLE R06E'
Rxp1e Lncwst
T1LIA CORDATA
Uttde Le~cf iin<!en
PYRIIS CAtLENYANA
Fla,mrrrng i~ar
LlLMUS PARVIFOUA'DRAKE'
Chanese Ekm
~6 p ~~
~
~~~~~_~ ~ ~;_~~{~~ :;
~ ~~~
E~,
~,
r
~~:
K/E11RY
~ o4tWw'~la
._t ~_~ ~=~ C'~ ,~ ~~ I~~ ~d !~! C.;: H
Page 26 of 50
, ~ , ~ , io ,
~-~i ~ r ~~~,~
~~
~ ~~Y
, ~~' , ~o , s' , a~ , ~o ~
Tr'yl pSE
Fallan Ro~d
! 6~ • ~ r 8' ~ 2fl' ,} 16' ~, 2fP ~ g• ~, a~ g~ ~
~ak Modisi Trat
~ . . ....... . ... .. . .... .. .. ... ....... ....... . ~.
R.Q.Y7. ........ ..... .. .... . ...... . ..... ...... . ~
~11t1'~ ~Y~i`W~ ' w@St ~ ~Lt'~iC't ~
,~ ~ 1 S' r ~' ~, 6' f Il' ~, 1$` ~, f2' ( 6' X B' ~ 5' ~, Y" ~ b' •
Tra~F hr~cs~ dketane M~etila~ dkeLane f'arkM~ 7iaA PSE
cencral Parkve-ey - Ease ar ssreec ~
3~s~ ~fi'
.~
~T#~~~:T" ~~:°~:.~T~1~~;°~~;
_~ ~,_ ~ ~~ ~ ~fi't ~ ~'i .~, ~"~ ~, . E I
~ s~~« r~e c~~~
r_s tree u~~-arn?
;~~ ~.-T [~"~~~'~a :~x
~~J
Page 27 of 50
.+ 3 r .. 5~.. ~ 5 i . . . . ~~~. . .. . . y l.g . . .i `~~ ~ 5' ~ .7~ t
~~+~'~+i'k Sdewafk
56'
r R Q ~4' ~
~!*S~Q11E~d~ SCM'F4t 5~1~ ~~/
r `~ ~ ~~ t ~S~ > ~~' y*~' r S' r 3 r
P5~ 5~9ev+alk Sfdewak
t 5~
lt4.W r
~dGf1t~8~ ~CY'ECL 1N~L~7 ~OAO~1lE1K ~CWfi~~C
~~~~~
~
~Ec.~~~~~°~~ ;
~~~~~~. ~~ ~~~Tt~:~~~
~~ ~~
~~~~~~~~~~ ~ ~~~~~~~• ~.
sc~r r~ sc~uu.er r~-r~
Accr n8,,.,a rYrm~s~cng• ~ ace: ral~n„~ rrRea-~,
Gara~re 'p rk ~ ~.~ra~w
~ -.- ~r~t ~, ,.._.. ;
~ S` ~ I p ~ tp' r 5' ~,
~ ~~ s
Secondary Neighborfiood Stre~t
~aax
.m~+<rMrere„:
Sw¢ srcBac ir~¢ tlagram',
_~ v..~ ~ : ~,) ,r'~ ~"'~ ~`; .^~t ~'"~ ~_, }'{
Page 28 of 50
~ 6' ~ 8' w 8' ~ 20' ~ p~5' ~ g r g r 6 #
Yrail y 7
I ... . . . .. . . ... . 7~ . . ........
R.~ w> „
ltcsldmtia! CoNectar Strert
~ ~ TraN _ - . .. „ .. ~~; ,.
1 30' +12 5'
_.
PtA1K Ace.ae~a E~et . . ~ .. .._ . . .... ... lt(~:.Y'~t -._... . . . . . .y.
Re,sidenti3l Strret ~ bpen S~ace
~~ ~ ~
~~
r_~~~~~` }~ti`t,..~~f~,,'~ e~
~ ~ ~
~~~~~~~~~~R~~~~~~ ~~~~~~.
This walt is used along Positano Parkway,
Fa~on Road, and at th~ resaden#ial entry
roads to tta~ aing~e-familyNeigh~~ 1.
The putpose is t~r define the edge of the
prirrsary streetscape and visually oon-
n+e~ct Jordar~ Ranch t'+Ieigt~barh~od 1#o
the Positar~a cievelopme:r-t. The w~all is a
Si~rra Precast stucco, 6' in height ~vith
cotumns located every~ 25' ar at grade
~arz~es. TF~e wa~ and cot~trnn cdor is
~PP~r A-42tl49, the wall an~ c,~tumn
cap oolor is Breccia A-42Q48 to match
the existing wall in the ex'rsting Posit~o
developm~ent.
~,;;~::,~w~1:M~ ~~~:~~~;f-11~~„~~~~ FE~~~{F:
The good n~ighbar fen~cc~ is bcatesl be-
t+rve~enlots'rn Neighbc>rhoods i, 2~3, The
design is a vertical board w~oc~c~l fence, 6'
tal! with cap and fascia b~oard, iMacx! ~#x4
posts are bcat~d at a minimum of 8' on
center.
L...~.~ T~ C~E F F° t~~:E
This fence is used at (ocati4ns where the
fence is visible from #he pub~ic ri~t-af-
way such as parailet to the front of ihe
ha~ne and ak>ng comer lots. This fer-ce is
srmilar to the good neighbor f~nce w'rth
an 18" top panel af verticat lattice inke-
grated into #he averall b' height.
,1 t:a~ F~ ~~, I~I F', :~. ~~ ~~; E-i
2~
6~
Page 29 of 50
~~ c5 ~ ~~~
1
`:~ ~ ~~ ~_ [ ~"~`~;`'~~ °,~~
L-~' ~~1"~i`~.~1~l~t'~T:~.L IF~~:.~I~~ F~I'~~:~
This fence is used to connect side yard
~vood fencing ~o #he house on lots that in-
terFace witta non-irrigated crpen space in
neighbor#~oads i~ 2. The de s3gr~ is pativ-
der coated wnarnental imn w'rth 5/8.,
sqvare pickets ar~d 3" square posts. The
overat) hei~t is b'. Screer~ng mater~! in
a complementary aolc~r arzd materia! may
be added to c~a~aceal si~de yards with City
approval.(See open space nterFace fenc-
ing ~;~~it page 3-10)
~.:~I'~°~~ ~i~~~P~° ~°~:~°~~:;~
This fence is us~ed w}~er~e rear of side yards
abut c>pen spac~e, The design is a welded
wire fence on 4x4 wood pasts ~vit~ wc~od
raiis. The overall height is 6'.
~.;~` t..~~ _~I~~~ ~E~~l~:~~M.
This fenc~ is used in addition to th~ b'
lattice fence on carner lots ta provide
greater k>t covera~ white maintainin~ an
open side view of the hcwse. (See carner
lot fencing exhibit pag~ ~-9)
~AI;C~E:t~ ~~~`~:~
This fence is used for cluster housing that
fmnts an #he public #rail or oamrnan c>pen
space. The design can be orr3amentat iran
to complement the a~jacent arcttitecti~e
or anott~er fire re~istant material with
City approval. The~ overai! hei,~# is 3.5'.
*!n some cas~s a s~d hedge r~o greater
thar~ 3'S feet ir~ ~ight may be used to
separat~ pr'~va#~ Fr~nt yanek from public
spaces.
.5'
_! ~~ ~? C~ ,~~ 1~~1 ~ : .~ ~~1 ~~:; i--f
6'
Page 30 of 50
~l q
1~
i~~~T~~...~C`~ ~
~',t_3i;~~iE~i~ t.~~T FEf~C~l~~
On corner lots, the 6' fence shall overlap a maximum of 25°~6 of the s~de t~ouse length. A 4.5' lattice
fence may be added ~vhere the layout creates a large side yard to create more pr~vate space for the
homeowner. Special care shall be taken on comer houses to insure that the character of frnnt facing
architecture wraps around side elernents.
EFJCE
6' LATT7CE TOP FENCE TO Cd1rER I,r~ QF
SIDE HOIfSE IENGTH
OPTIONAL, 4.5' I,.A'9TICE TOP Fft~tCE
TO PROvIDE ADDttIONAI COVERAGE;
DiSTANCE VARIES ACGORDSh1G TO
SPEGFIG HOUSE PLAN MAXIMUM 7546
COV~R4GE Of ii4tlSE
.~Q!R~t~i~ ~i~~~
b' Gi7UD NEtGH~3R FENC~
~
x~ u
a
~
~
6' LA1"1iCE 7OP FEt,iCE
1.5' lA7TlCE
TpP FENCE
~
~
~
~
`1~I~ ~
~
~
~
~
Page 31 of 50
~~
~~
~ECTfC:~t'~ 3
~:7f'E ~'~ ~t',~.~:E INTE(tiF,~~~.E F E~IC.€t~1C;
On bts that interface with open space, ornamental iron fen+cin~+ is used in locations vfiere the fencing
attaches to the building. A matching ornamental iron gate a minimum of 30"' in ~vidth shall be added as
necessary to provide side yard access.
6' ORNf+P1ENTAL
IRON iENCE
6 YdqOC3 GOdC7
NEiGNBflR KENCE
6' qPEhl SPACE
FEfdCE
3S' ORNAMENTAl.
IRON FENCE
6' w0t?D GOOD
Ne~cHaaa F~r~c~
6' WOC1D IATTICE
TOP FENCE (TYP.)
CLUST~R HOt351NG - L.OTS I-7. 44-45
CLUSTER HOUSItVG - lQTS 47-I I 1
b' WOOD FENCE OR VIEIN FENCE
t~~+RIES BY LQT)
~
~
~
~
~
~
~
~
~
b' ORNAMENTAL
IRON PENCE
TYPICAL S NGLE FAMiLY LOT
,~t~RC~Ah~ C?.~NC;H
Page 32 of 50
~ ~
~ ~ ~~
SEC=;T(C~[~13
C3PEhJ SPACE Il`dTEt~FACE aIAGFi,At'+~tt
~
~
~
~
1
i
i ~
~i ~
~ 1
~
~
,
~,
~
',
~
~
~
4
\y
t
; t
J~~RD,~1'~l RAI~lCH
W
~
~
~
~
~
~
~
~
Page 33 of 50
~ Lots Which Require Open Space Interfa[e Fencing
/ ~ ~~
W
~
~
~
~
~
~
~
~
~~~~~~}~ ~
ENT~1~~
C:~C_~>{~'9~11J;~(.!~`Y.~'~i~iC~ CA~C~I~,k-IC~~~~-~1._~%~t'~I:) Et~fTT~I~~
A hierarchieal system of thematic landscape manumentatian has been d~~ebped for the Jorclan Ranch
property to it~tr•o~duce the cammunity irnage and enhance the proposed azchitecture. The monuments
reflect the ranch diaracter of the site ~vhile complimentinQ the existinQ entry elements at the adjacent
Pasitano neighborhoods creatin~ a seam{ess blersd beriveen the two devebpments.
~asit~no Parkway ~
~ ~
~
~
s
~
~
~ ~
+ ~.
~~
1~
~r
~
- -.~ F
~~
,
,~
st
~
Community Entry Locations
JC~R~AN Rt'~PtiI~.H
Page 34 of 50
iCey neighborhood entries have been identified on the diagram belo~v. Each of these entries includes one
or more of the monuments v,rith thematic landscaping to highlight each area.
~~~ ~
~ ~
~FC"TIC~f`~.1 ~
ENTFiY MtJJNUI~iEt'~~~TlC~N
,l C~ R D f~'# 1~1 ~i ~l N~~
~..-~ •
~>~..~
F ~;..~-.. ~ ' -~'
__~~
~ ~~.~,.~t
~~~~~~
~~ ~~.~ ~
-~+,-~
- ~.~ yk`~~
i 4 -C ~
SECON~ARY MOrNOUTH
s
~ ~. `
-!~ ;
'~-:~: ~~•ao~
b . ~:<.
~„
~~ ~ s
,
. . ; ~~ ,
TERTIARY MONOLITN
v
6 x 6 P90dt5 Yl1thG/R1ffYOt tOp, 8'O.G mUlt
1 Y 6 ROi~3
~
~
~
~
~
~
~
~
~
Page 35 of 50
SECO~JOARY ENTfIY PORTAL
~~
~ IJ
~
~
~
~
~
~
~
~
~
JC~RdA~'~I RAI'*1CH
~~~~~~~ ~
Ei'tfiTRY AT PCISITANfJ F~ARKINAY ANf3 STR~ET ~
a~tan crc
Planter wa
5oundwall
~~ ~n;~:~,`~~~~~. ~~ . ~ .. .u~ , f.
F,.i':
G~~}~1 k~~-':
Page 36 of 50
Phsiiflno Fhrkwny -'----~ -~--~ ~.~ ~~. ~.~..~
Positana Parkway and 5treet C
~ ~, a..~,
i {
-#-sc-i-ra..f. ta--r- _,__.._..__._ wa ..~_~ _. yo r vr ~~ ea
~ q
~
1~
~E~,-~~~..~~~ i
Et°r11T'RYAT ~AL.LU!°>1 R4A[3 ~NC? STR~~T TT
~
~
~ PrknarY ern-Y E~'~Y
wtth -all fence ar+d boulders
falivn Road and Street TI'
1- ,~> .. -:- .. __1 .. ,. __
• . . __._ y,.~
J{~RDAN RANt`H
A~CCEM tf6lS`
~ ~1/f1Cf1 V~:BS
` dplft f~1iC! tl'!!S
~ ~ ~.
: w. -~ a. ,~
, fi
_-3.~:--- -__.__ ,.~ _
~
~
~
. ~
.
~
~
~
~
~
Page 37 of 50
~ ~~
~~cT~c~r~ ~
ENTRY AT FALLC?N R~AD ANI~ CEI'~TEi1~-L PA~K~/VAY
Fallan Road and Central Parkway
v -~--- r----e
._ .-_____ ___........... --. A
Auerrt trees in
rnedian cutouu
5~ondary nwe+olith
wicfi low stone wai6
to rt,~ah manoLths
Largc monalith
~~
~/'_~~
Corrcrascing
perennial rows
~. ~ ~
~..,. ~ ~
° ~ ~ ~~~ ~~,,~~,~~~ ~ ~ ~ ~ ` ~
~ ~, , ~~
~~ ,
~ ~~~~.<. ~ ., ` . ~ ..
~
~
~
~
~
~
~
~
~
~l~R[~t~N ~ANC~-i
Page 38 of 50
t ~ ~ rs e~ v.v ~ . .
~ 5vtr +i'-q'! r-p . av~ +tip•~ . . . ~er~. K~#r trb s~o h~.~rr~ ara~
~9
~ ~~
SEC:TIC>N 3
~NTRY A~` CEi`ITTF~AL Pr4t~1SWAY At~iC3 STf~E~T` I
~+ swu ~ Acc«n arcrs a~a
~ ~ PK'~^^'~5 ~ Spetlm4n
tr`ees
~ ~t1~ w
)! ~ n
I 2' Trail . -
~ , j~ °~ ~ '
3 ~
O ( 0 . ~ N '_"...~
4
r
,
. .. -
~ ' f._... -~ •,t ~, _ - ,}G. ~ :4 - ~~
,µ ,
p - ~ :
.Y~ -
P - . '_,~ + '1 ,. ~
~ ,+ . ~,. '. . $ . . '
y r
. 4 ~'.-,.~- .'.-..w
~ ._ . . . -.~.. . '.. } '~:~-+.~r,vr _
3,
~ ~
~ ~ Centtnf AWkwa~
Primary enay gatevny ~
Central Pa~kway and Street I ~O"~'~ "'O"0~'
wkh ra~l fcrice
~1 C~ R U 1`1 I~1 }~ A N C: H
~~
n~~..~~~.
~
y~
~~ ~~~
~~ ~
r
~ ~
.
y :;;~', ~~~~.~~.m~.
. , ~ s
~
~ c ~:
~~ ~~' ~~ ~
~'~!
~
e ~ ~, `
i `~ ~;
- ~
~3-17
Page 39 of 50
~ a
~ '
~a 1 i o i ra • s r ~ _ xr _ ~ : <, . ~ ~ , i ~ . .-~ .
~" q
1~
`~~C:-T[~7f~! ;:a
~
~
~
~
~
~
~
~
~
E~TRY AT CE!'~TRAL. P,4RK~AY AN[~ SCHt~CJrL LGt~P RC~,4D
n«e~c crea an~a ---~ ~
toku perenni~ls
Large rtaono7lch ~ ~
wish rail [erxe
Central Aarkway at Sthool Loap Road
~,..„.< ,
~~;
.~~ . . ~«;
~
~~ r
e:.i~
Park
A
~ r.; r
,,. ~
JC~I~DAN ~.fi,1VCH
Page 40 of 50
~1
~5
~~~~~~~ ~
~~~~~~~~~~~
~~~c~r~~°~~c.~~`~ r~~~c.t~--~~~ ~r~ ~c~~.>c~ ~_~r>~r~ ~~~c~~
The design of the higher density neighborhoods ~vethin .lordan Ranch provides a series of common open
spaces that are intended to serv~e the adjacent residents. These camrnon areas will provide a range of
passive and active recreational apportunities for the neighborhood residents separate from the City
parks that ~ti~rtl be available within the Jordan Ranch development. Not only do these spaces expand the
amount of usable exierior space provided f~ residents, but they connect the neighborhoods to each
other creating a visualfy cohesive community. The design of the oommon areas is inten~d to encour-
age pedestrian activity and rn#eraction between residents. ~xamples of cammon open space design are
shown on the following pages,
.
,
~~
,
45
1
t
~
i
f
~
_'~
1
t
,~
6
1~
,
,
.~~~i~~~ ~~~~H
~
~
~
~
'~M~ j
~
~
~
~
Page 41 of 50
tommon Neighboficsocl Open Space
Sa~ q5
~
~
~
`~ I~
~
~
~
~
~~~~~~~ ~j
,.::c , ~~>~1-[T:r~ ~ t.?,'`~~1~~r~~
The common open space associated tviti~ the cluster ho~sin~ neighborhood provides residents ~vith a
garden like open space with walkin~; paths and small la~vn areas. The desi~n of this space is intended
to visually eacten~l the front yards and provide an off-str~et path of travel. Lar~er shade trees and or-
namental plantin~s highlight th~e cottage feel of the architecture, la~vn areas e~cpand the space while
maintaining an intimate scale. Gonnectians to the public sidev,ralk are inciuded to irn-ite people into the
oommons interior~
~~ ~~
. ,~r' ~
! ~~'r ,
P2Cfi to [Onn~
dax to publit
s~dewalk, cyp
~~~
. fr
~
r, ~
.w~
, \
t'
~.t
~ `~~Y ~'`~, .(~
~
~`, .'s"=~
• ~ ~-
, ~ H ,~-~ :~
. ~
!, r
~r ~~~": .1
_~.r~ ` '^ ;~` 4a:~
~. ~
,~
~~ ~~~ ",
~~
; ~,;:,
!
1 arvlva~ti~ in iu+lh-rnrts wiRfi ~velaetrian
COfIfi6C[i0l1 t0 3dJ~CBrtt COYYItYHD118
+-~ Set EnlarYen-ent
;~,
~ Open lawn areas wkhin
carnmon apace
~ ~,
.~~.
Pubiit path
~ throub;fi commo~s
} I at exh baock
Of
4 I
i ~
v4~
~ii
~i'~
~~}:.. . ~~..~
ir
Lan n in
d~ 8
buib-outs to
highlight comers
..~
~.l~~Ft~A1`J F~ANC;H
~~~
Gormection from puWic
sidewaik to commons ktt~rior
fKC~as thr+ouEh private drvve aisks
to rear unit entries
Landscapl~ to buffer Fwmcs
fivm commo~ space
Page 42 of 50
- ~~.
53~
~~
SECT[t~7C~J :~
JC~Rf~f`~1'~ii RANC:H
~
~
~
~
~
~
~
~
~
Page 43 of 50
-----~~_~-...._
/~ s~
~~
~~~.~~~~~~ .~
~LL_~~° ~:.(~3f~1#4~C~>f~;~
The oomrnon open space associated with the single-family alEey ~eighborhood provides a large multi-use
area with will fi~nction as a semi-private park for adjacent residents. The design of this space includes
an open kawn for acti~~e play, a tot-bt, group picnic areas, lar$e shade trees ar~d ornamenta) gardens.
Pedestrian paths conn~ct the public side~va~ss to individu~l entries and provide separaticx~ betvveen the
houses and the lawn area. Bvlb-outs in the parking area are utilized as connection points for adjacent
~oomrnan areas.
,~~ : ~: -~ ~ .~. ~ ~ ~ ~,,; - -.
.,f" ~ ~, ~ 4 ~ Fedestriar-
~
, ~
~ ~,r`~.~ ~ i, ~ -y':. ~ connectiontaltrom
, . ~ ;~`• ~ ~ .{ '~ ~
'~ ~ . ,~v~ ~ ,~i'r`„ ~C' ,,~,.~, ~ ~, ~~ n,..t ~ ~ .,` ~~~ rwrn i~k or
~
` : conar ~ i
~d ~~ ~`~~~~ ~` ~ c~ ~~~. ~"~, ~ ~ , ,,~~ .~R ~_
t/ :
, ~~ ~
, ~~
1^. ~`'•. _ ;~
larxfscaped bulb-out
with pcdrstrlan
connection to
sidetivaik
- Connatt paths to
iraat doas irom
common walk
Lommun~ry spsce
; with amenitiss such
.,'~ u seatirq~. play areas.
, B8Q's. ctt.
~--_ _
~,,
l~
~;
1
F '~~'r
~ i ;
f ''~
~ r+r
~ ~ f"r"~
t.
~
~ ,~
~ ~~1
~ r
~ .
~ 3-22 ~
=Pedeserian connection
co adjaccnc common arqs
~L ~_I, - ~ :, .
j-Landuaped entry to h~ghli;ht
L tommoru entry
Page 44 of 50
Jt~RaA[41 Rt~NC:H
_-..+r~
55~
~5
~E~-~-E~r~ ~
~ .
. y _ .
~
Tot bt within mmrcan open space
with plaY ~A~~G ahade scructure,
seating. shade treea and kar~cluapin~ to
screen area from adjacent residentes
' t rT ~ ! -~-_r
~ . ~ ~~~~
5' wide public pedestrian wralk
throughout comman space to
link indrvidual enuses and access
to parkir~ areas
8' malinNxn Fand3capc 0r~a bt"tw~tcn
individ~f uniu and public walk
sc~~~~,~a r~~,r~c.~
Sma11 Ilexible apen spxe shall
be provided ti~raughout the
cammnns krr more intimate
;atheriirgs and casual activity
-.., ~ ~ j ~_,,,.~~
~~
`-~ ~.
, __-~-..
~
~
~
~
'M~ /
~
~
~
~
Page 45 of 50
. -, - - -i
`" " ~b I J
SE~;T[~~C~! ~
_r = ~~r~ ~,c~~~~~~~~~
The cammon open space within the town neighborhood provides passive reaeational space and a con-
nection bet~,r.~een d~e individual units and the public sidewalks. l.~ndscaping is provided beri,vaen the
main pedestrian paths and porches to give a sense of privacy to residents. The lawn areas expand the
space and a center garden visually breaks up the building mass. Connections to adjacent open spaces
are hi~light~d and paths are provided between buildin~s to encourage pedestrian activity.
Lar+ascaipt bu~~auc
to ignal access to
common area, use
Nowwering treas, e~vergraen _` ~ I i_ ~'.,_.~. ~ ~ ~ ' '
shrubs and other colcr - ` ---- _.~..
;~ I ~ ~ ~
ptutting to h+ghl6ght connection _ ~, ~ - _ f ~ ~N ~ '~ ~ ~ L ~~ G~' ~
r _ ~~~_~~ ti ~ ~~! ~ ~~' .~:~ r~ ~{
_`~~
~~a~ ~~~~ ~
to adjacent community
Connecc fronl
to publit path
~ - ~'" "'+~r""'~~
~/ ..e --_ _ _ ..
~ Town Commons
~
~
3-24 ~
•~
!
~ ~~ -
JG~RC?At~i R,~4Ne;H
:r~~~~ c:~~;~~~:{ x~
,
~_._... w
-.~..__.._..: .~.~ --~-__ __ ~.
i ~~ ~ ~ ~` ~ ~
~~,~ _~~ e _ _ ~__ . ._ `~. : ~
_ _ __ _ ,: J_ ~.__
Page 46 of 50
5~~~~
5
~ECT[~N ~
~~.~~vt~~-'F1_.~~ ~ c,C~~~~~t~4~~~
The oommon open spaces associated ~vith the town/flat units have a visual character which reflects
the more urban nature of the neighborhood, pedestrian paths and sma11 ptazas are used to visually dis-
tinguish each sPace providing individuality to each block. Paths ,are more tinear and plantu~g areas are
formal in character. The design of these spaces are meant to be visually distirtct from the upper floors
of the units
JC7~D,~N RANC:H
~o ~,ner ~nawsa~al
:ommon area
~r~z doors
tfi
OlifbECCl011 CO
!Cl flGT
~
~
~
Page 47 of 50
iown/Fkits Commans - North of Central Parkway
--3..^~
5g~ q~
~
~
~
~
~
~
~
~
~
~~~~~~~~
TC~VVI~i/FL~TS ~~7Mt+~C~~S
Town/Flats Commons • South of Central Parkway
HiYhGght pedestrran
cannectan to recaU
CQrttnwrt area lawrt
may k~ck,de shade muct~x'os
and benches
Provlde comeccron fram
adjacent parki~g and sidewalks
chroygh commor~
Landsc~pe to buffer units
fram screet
JC}R~AN R~NC'H
Page 48 of 50
~~
6 ~~
~~~.~~;~,~~~>r~,~.1..r~~~.~~_ ~~{~~~..~~~
Access to the publec trail alang the open space corridor is provided in seyeral focations withtn the ciuster
neigkiborhood. These tr~il access points are higl~lighted ~vith bulb-outs and include informal landscapin~
and pedestri~n paths.
Trail
~~~~`"~ ~
.-r .
Common Access toTrail
.~C~RL~ARI RA(~lCH
I 2' commuwirty trail ala~
~Pe^ ~~ caridar; 8' asph~c
Path whh 2' DG shoulders per
F~Ion V,q~e Stage 1 Pp
Open space traes and
shru6s wkMn die 30'
trm7 easertittnt
Crc~e view ar~ alor~ cra~
12' cammurary trail along
open space comdor
DG Pedes~rian path. S' min.
NighB'~*Ftt eritry at
public conr~ettion to trail wrth
flow~rlr~ trces, w+derred entry
Wth a~d monument or treSl-s
~
~
~
~
~
~
~
~
~
Page 49 of 50
~J" ~
~ ~
8. Phasing Plan. No specific phasing is required. Any project phasing shall be established at
the time of grading permit issuance for individual neighborhoods.
9. Inclusionary Zoning Regulations. The Project's inclusionary requirements have been
satisfied through an "alternative method of compliance" under City code section 8.68.040E
as set forth in the Development Agreement, including a specific Community Benefit
Payment.
Section 5. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use,
development, improvement, and maintenance of the Project area shall be governed by the
provisions of the closest comparable zoning district as determined by the Community
Development Director and of the Dublin Zoning Ordinance except as provided in the Stage
1/Stage 2 Development Plans.
Section 6. 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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
22nd day of June, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#120091PA 09-011 Jordan RanchlPC Meeting 5.11.101FINAL CC ORD Stage2.doc
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ORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*****************************
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 Amendment 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 held 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 hearing 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 3
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H. The City Councii 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 22nd day of
June, 2010 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Maii To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
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
ATTACHMENT 3
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THIS DEVELOPMENT AGREEMENT (this "Agreement" or this
"Development Agreement") 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 of 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. On , 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. I_nterest of Developer.
The Developer has a legal interest in the Property in that it is the owner of
the Property.
3. Relationship of Citv 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 existence
of any form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1. Effective Date. The effective date of this Agreement shall be the
Approval Date ("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. Riqht to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any 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).
Nofinrithstanding 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 between 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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u,
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'r 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, Timing. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4. Financinq 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 relatir~g 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 ReQardinq 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 Reqardinq Desiqn 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 Regulations.
7.1. New Rules and Regulations. 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 Aqplicable. Nofinrithstanding 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. Subsequentlv 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 Public
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 Proiect 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 befinreen 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 Damages Aqainst City. Notwithstanding anything to the
contrary contained herein, in no e~ent 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 thirly (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. Mortqagee Protection; Certain Riqhts of Cure.
14.1. Mortqaqee 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. Mortqaqee 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 Mortqaqee 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. Attornevs' 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 Assiqnments.
17.1 Riqht 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 Approval and Notice of Sale, Transfer or Assiqnment. 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 Riqhts or Obliqations.
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.
Nofinrithstanding any provisions of this Agreement to the contrary, the burdens of
this Agreement shall terminate as to any lot which has been finally subdivided
and individually (and not in "bulk") leased (for a period of longer than one year) or
sold to the purchaser or user thereof and thereupon and without the execution or
recordation of any further document or instrument such lot shall be released from
and no longer be subject to or burdened by the provisions of this Agreement;
provided, however, that the benefits of this Agreement shall continue to run as to
any such lot until a building is constructed on such lot, or until the termination of
this Agreement, if earlier, at which time this Agreement shall terminate as to such
lot.
18. Aqreement Runs with the Land.
18.1 All of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the Parties and their
respective heirs, successors and assignees, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of law or in any manner whatsoever. All of the
provisions of this Agreement shall be enforceable as equitable servitude and
shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burden upon such properties, (b) runs with such properties,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
19. Bankruptcv.
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. Public Liabilitv and Propertv Damaqe Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a 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 appointive boards, commissions, officers, agents,
employees and representatives and to Developer performing work on the Project.
22. Sewer and Water.
22.1. Developer acknowledges that it must.obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of 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
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
~1 , r t- x- ( -~-~.
By: Robert Radanovich, member
John Bakker, City Attorney
1419789.6
(NOTARIZATION ATTACHED)
17
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUN7Y OF ~~~~, )
File No:
APN No:
On f ~'I~vi ~~ ,~-p/ D before me, ~ ~%T/~.~', ~_~~ ~,~,s- ~ , Notary Pubiic, personally appeared
~lI la~h ~- .t~~a ~r r'~ v v'~ ~ i_
who proved to me on the basis of satisfactory evidence to be Ehe person(s) whose name(s) is/a~t subscribed to the within
instrument and acknowledged to me that h%she/~ieq-executed the same in his/bey#~ei~ authorized capacity(ies), and that by
his/~er~rsignature(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 PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and ofFcial seal.
Signature ~~;~G? ~~.ll,~ ~ • ~~fb ji
, DIANE E. BURTON
COMM. ~1828460
NOTARY PUBLIC ~ CALIFORI~NA ~
ALAMEDA COUNTY ~
Comm. Exp. OEC. 27, 2012
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not requi~e the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
0 INDMDUAL
0 CORPORATE OFFICER(S) TITLE(S)
0 PARTNER(S) ^ LIMITED ^ GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
~ OTHER
SIGNER IS REPRESEN7ING:
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
SIGNER(S) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT
Reproduced by Frst Amerinn Title Company 11/2007
~~ ~~ ~~
Exhibit A
Legal Description of Property
Real property in the County of Alameda, State of California, described as follows:
[ADD]
~3~~ ~~
Order Number: 0192-3484873
Page Number: 8
LEGA~. DESCRIPTION
Reai property in the City of Dubiin , County of Alameda, State of Califomia, 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
EAST, 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 FEEf TO THE
SOUTHWESTERN 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 CINE, NORTHWESTERLY ALONG THE
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 LENGTH OF 308.53 FEET; THENCE
NORTH 06° 19' 16" EAST, 1321.37 FEET 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 NORTN 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' S4"; THENCE
ALONG SAID CURVE AN ARC LENGTH OF 67.63 FEET TO THE SOUTHERN CORNER OF DCCEPTION
PARCEL DESCRIBED BELOW (2007257006); THENCE ALONG THE SOUTHEASTERN 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 GUARAN7Y COMPANY
RECORDED ON NOVEMBER 04, 1998 IN DOCUMENT N0. 98388140, OFFICIAL RECORDS OF THE
COUMY OF ALAMEDA, STATE OF CALIFORNIA:
IXCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE CITY OF DUBLIN RECORDED
ON ]ULY 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)
FirstAmerican Title
g'~ ~'G~
J
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparaqraph 5.3.1 - Subsequent Discretionary 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 in 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
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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.q. qas, electricity, cable televisions,
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy 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, Timing
Exhibit B 2
gr~~ ~
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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
Notwithstanding 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 befinreen 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 building 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 Impac# 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 credits acquired from third
parties subject to City confirmation of the validity of any credit.
Subsection b. Traffic Impact Fee Riqht-of-Wav Dedications -
Credit
Exhibit B 4
~~ G)
~~~
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
Exhibit B 5
~~ ~~
~ ,.,
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
Second Payment 24 Months after Effective
Date of this Agreement
Third Payment 36 Months after Effective
Date of this Agreement
Total
$2,000,000.
$2,000,000.
$1,000,000.
$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.
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 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
Exhibit B 6
~~ ~ ~,
6~J
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 $
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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.
FalJon Interchanqe Fee Advance.
Condition 99 of the SDR and VTM Resolution ("Condition 99") reads as
folfows:
Fallon Road/ I-580 Interchange Improvement Contribution: The
developer shall pay a fair share portion of costs advanced by the Lin
Family for construction of improvements 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
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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: (a) the credit shall be granted at
the time Developer 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 project's 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
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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.
Exhibit B 11