HomeMy WebLinkAbout6.1 Grafton Plaza DAG~~.t OF DUB~ti
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i9'~'~`8Z STAFF REPORT C I T Y C L E R K
~`~ ~~~ DUBLIN CITY COUNCIL File #^~ D p 0- ~ p^
~~~IFOR~l~
DATE: November 16, 2010
TO: Honorable Mayor and City Councilmembers
n
FROM: ~ Joni Pattilio, City Manager
SUBJECT: /.~ Grafton Plaza Development Agreement No. 2
Report prepared by Mike Porto, Consulting Planner and Martha Aja,
Environmental Specialist (PA 07-006)
EXECUTIVE SUMMARY:
The Applicant is requesting approval of an Amendment to the Master Development Agreement
between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E,
F, G and H) relating to Grafton Plaza, which is located on 25.33 gross acres within the Eastern
Dublin Specific Plan Area. This Amendment incorporates the various land use changes for the
Grafton Plaza project into the Master Development Agreement. Action on this item will not
result in any development on the property. There will be several future actions on this project
that will each be noticed for a public hearing to allow citizen input.
FINANCIAL IMPACT:
This project poses no financial impact to the City.
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) Waive the reading and introduce an Ordinance approving Amendment No. 2
to the Master Development A eement between the City of Dublin and the Lin Family for the
Dublin Ranch Project (Area~B, C, D, E, F, G and H).
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ub itted By ~` Revie y
Community Development Director Assistant City Manager
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ITEM NO.: • I
G:IPA#12007107-006 The PlazalCC Meeting 11.16.101CCSR DA 9st Reading 11.16.10. doc
Background:
The Grafton Plaza project is located in Area H of Dublin Ranch. The project site is bounded on
the north by Dublin Boulevard, on the west by Grafton Street, on the east by a planned local
street and on the south by Interstate 580 (see vicinity map below).
The southern portion of the site (approximately 11 acres) has been graded and landscaped for
the water quality treatment basin, which provides treatment for a substantial portion of the run-
off from Dublin Ranch. The northern portion of the site, where development will occur, has been
mass graded. The site is flat and consists of non-native grass and other low vegetation.
VICINITY MAP
Entitlement History:
The original Master Development Agreement (Attachment 1) for Dublin Ranch vested the
General Plan, Eastern Dublin Specific Plan, and zoning approvals (and any amendments) that
were in effect on June 17, 1999. The original Master Agreement acknowledged that the Lin
family was pursuing certain changes to the Area F-H Property and that the parties would enter
into a supplemental Development Agreement that would vest those changes. Accordingly, the
City and the Lin family entered into a Supplemental Development Agreement (Attachment 2) for
Dublin Ranch that vested the changes to the Area F-H property, which became effective on May
18, 2000. Subsequently, when the Lin family entitled the Fairway Ranch affordable housing
project, the City and the Lin family entered into an amendment to the Master Development
Agreement to implement an exemption from the City's Inclusionary Zoning Ordinance and the
Commercial Linkage Fee in exchange for the Lin's creation of inclusionary units at Fairway
Ranch (Attachment 3).
The Grafton Plaza project site was included in a General Plan and Eastern Dublin Specific Plan
Amendment, Planned Development Rezone with a Stage 1 Development Plan and an Initial
Study/Mitigated Negative Declaration (MND) that was approved by the City Council in February
and March of 2000. The 2000 approvals established an average density of 0.45 FAR for
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Campus Office parcels, which includes an allowable development of 496,519 square feet on the
Grafton Plaza project site. The Initial Study analyzed all of the environmental topics required by
the California Environmental Quality Act (CEQA). Based on additional site-specific analysis of
light and glare, biological resources, cultural resources, hydrology and water quality, traffic and
circulation, supplemental Mitigation Measures were adopted by the City. These Mitigation
Measures continue to apply to the project.
In October 2005, the City Council adopted an Ordinance approving a Stage 2 Development Plan
for the southern portion of the Grafton Plaza site (approximately 11 acres) to allow the
construction of a water quality pond. The pond was subsequently constructed and is now
operational.
In May 2010, the City Council adopted a Resolution adopting a Mitigated Negative Declaration,
Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and
a Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for
the Grafton Plaza project site. Subsequently, in June 2010, the City Council adopted an
Ordinance approving a PD Planned Development Rezone and a related Stage 1 Development
Plan for Grafton Plaza. The approved General Plan and Eastern Dublin Specific Plan
amendments modified the existing land use designations from Campus Office to a new Mixed
Use 2/Campus Office flexible land use designation. Approval of a Planned Development
Rezone with a related Stage 1 Development Plan expanded the allowable uses on the site and
allowed for two options of development. Option 1 allows a mixed use development and permits
up to 50% of the development area be comprised of residential uses and Option 2 allows a
campus office development.
Current Proposal:
The current proposal includes amendment number two to the Development Agreement for
Dublin Ranch between the City of Dublin and the Lin family for the Grafton Plaza project. The
purpose of the proposed amendment is to vest the developer's right to the General Plan
Amendment, Specific Plan Amendment and Stage 1 Development Plan land use changes made
as part of the 2010 approvals for the Grafton Plaza project.
ANALYSIS:
Development Agreement
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 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.
Development Agreements ~provide security to the developer that the City will not change its
zoning and other laws applicable to the project for a period of 5 years and would terminate in
2015. The City also benefits from entering into the Development Agreement with the property
owner. The Agreement 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.
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In return, the Developer agrees to comply with the Conditions of Approval and, in some cases,
commits to take certain actions, which the City might not otherwise have the authority to require.
Specifically, the Development Agreement augments the City's standard development
regulations; defines the precise financial responsibilities of the developer; ensures timely
provisi~n 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 to parties that do not own the property.
The proposed Development Agreement is the second amendment to the Master Development
Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A,
B, C, D, E, F, G, and H) ("Master Development Agreement"). Under the terms of the Master
Development Agreement, the developer is entitled to amendments that incorporate later
changes in the General Plan, Eastern Dublin Specific Plan, and zoning into the vested rights
granted by the Master Development Agreement.
This amendment vests the developer's right to the General Plan Amendment, Specific Plan
Amendment and Stage 1 Development Plan land use changes made as part of the 2010
approvals for the Grafton Plaza project. In May 2010, the City Council adopted a Resolution
approving a General Plan and Eastern Dublin Specific Plan for the project site to change the
land use designation from Campus Office to a new Mixed Use 2/Campus Office flexible land use
designation. Additionally, the City Council approved a Planned Development Rezone with a
Stage 1 Development Plan that expanded the allowable uses on the site and allowed for two
different options of development. Option 1 allows a mixed use development and permits up to
50% of the development area be comprised of residential uses and Option 2 allows for a
campus office development. The proposed amendment vests the developer's rights to the 2010
City Council approvals. The Master Development Agreement is effective until June 29, 2019.
The proposed Ordinance approving Amendment No. 2 to the Master Development Agreement
between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E,
F, G and H) is included as Attachment 4 with the Amendment attached as Exhibit A.
ENVIRONMENTAL REVIEW:
On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an
Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and
Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted
of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated
May 4, 1993, assessing a reduced development alternative. The City Council adopted
Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced
area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second
Addendum updating wastewater disposal plans for Eastern Dublin. For identified impacts that
could not be mitigated to a less than significant level, the City Council adopted a Statement of
Overriding Considerations for cumulative traffic, extension of certain community facilities
(natural gas, electric and telephone service), regional air quality, noise, and other impacts.
The Eastern Dublin Specific Plan was adopted by the City to encourage orderly growth of the
Eastern Dublin area. Because the Eastern Dublin project proposed urbanization of the almost
completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion
of agricultural and open space lands to urban uses. These impacts together with visual and
other impacts from urbanization were also determined to be significant and unavoidable. Where
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the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted
mitigation measures continue to apply to implementing projects such as Grafton Plaza, as
appropriate.
The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects
of urbanizing Eastern Dublin over a 20 to 30 year period. As such, the Eastern Dublin EIR
addressed the cumulative effects of developing in agricultural and open space areas and the
basic policy considerations accompanying the change in character from undeveloped to
developed lands. Since certification of the EIR, many implementing projects such as Wallis
Ranch (Dublin Ranch West), Fallon Crossing, Vargas, and Pinn Brothers/Silvera Ranch, Dublin
Ranch and Fallon Village have been approved, relying on the Program EIR.
In February 2000, the City Council approved an Initial Study/Mitigated Negative Declaration
(MND) for a General Plan Amendment, Eastern Dublin Specific Plan Amendment and Stage 1
Planned Development Rezone for Area H.
Subsequently in 2008, the City, as the Lead Agency, prepared an Initial Study to determine
whether there would be significant environmental impacts occurring as a result of the current
project beyond or different from those already addressed in the Eastern Dublin EIR and 2000
MND. Based on the project description, the Initial Study determined that the project could result
in additional significant but mitigatable site-specific impacts. Therefore, a Mitigated Negative
Declaration (MND) was prepared in accordance with CEQA laws and regulations. The project
assessed in this MND includes, amendments to the General Plan and Eastern Dublin Specific
Plan (including revised land uses), and rezoning to Planned Development (PD), with the related
Stage 1 Development Plan and the Development Agreement. In May 2010, the City Council
adopted a Mitigated Negative Declaration, a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program for the Grafton Plaza Project.
No further environmental document is needed because the environmental impacts of this project
were fully addressed and within the scope of the Final EIR for the Eastern Dublin General Plan
Amendment, Specific Plan and subsequent Addendum, the 2000 Mitigated Negative Declaration
and the 2010 Mitigated Negative Declaration.
Planning Commission Action:
On October 12, 2010, the Planning Commission held a public hearing to review the proposed
Amendment No. 2 to the Master Development Agreement between the City of Dublin and the
Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H). The Planning
Commission Agenda Statement is included as Attachment 5 and the draft minutes of the
Planning Commission meeting are included as Attachment 6.
The Commission deliberated and approved the following resolution by a 5-0 vote:
• Resolution 10-48, recommending that the City Council adopt an Ordinance approving
Amendment No. 2 to the Master Development Agreement between the City of Dublin and
the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)
(Attachment 7).
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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 proposed Project in addition to an extended area and an interested parties
list. A Public Notice was also published in the Valley Times and posted at several locations
throughout the City. A copy of this Staff Report was provided to the Applicant
ATTACHMENTS:
1) Master Development Agreement between the City of Dublin
and the Lin Family for the Dublin Ranch Project (Areas A, B,
C, D, E, F, G and H).
2) Supplemental Development Agreement between the City of
Dublin and the Lin Family for the Dublin Ranch Project (Areas
F, G, and H).
3) Amendment to Master Development Agreement between the
City of Dublin and the Lin Family for the Dublin Ranch Project
(Areas A, B, C, D, E, F, G and H and "Wallis Ranch").
4) City Council Ordinance approving Amendment No. 2 to the
Master Development Agreement between the City of Dublin
and the Lin Family for the Dublin Ranch Project (Areas A, B,
C, D, E, F, G and H), with the Amendment included as Exhibit
A.
5) Planning Commission Agenda Statement, October 12, 2010
(without Attachments).
6) Draft Planning Commission meeting minutes, October 12,
2010.
7) Planning Commission Resolution 10-48 recommending that
the City Council adopt an Ordinance approving Amendment
No. 2 to the Master Development Agreement between the City
of Dublin and the Lin Family for the Dublin Ranch Project
(Areas A, B, C, D, E, F, G and H).
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Recorded in Official Records, ~
Patrick q'Connell, Clerk-Recoadera County
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City of Dublin
When Recorded Mail To:
City Clerk ~
City of Dublin (~`
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Dublin, CA 94568
Space above this tine for Recorder's Use
MAS'TER
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBI.IN
AND
THE LIN FAMILY
FOR THE DUBLIN RANCH PROJECT
(Areas A, B, C, D, E, F, G and H)
RECORDERS MEMO ~ Ynub~~
~apiy~ity (or miaof+lminy and wpYln9
in a~OI1 d thls dOCU111El1t YV~1En f~0ldAd.
ATTACHMENT 1
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TABLE OF CONTENTS
Section 1. Descrintion of Pro~ertY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2. interest of Develo~er. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ,
Section 3. Relationshi~ of Cit~ a Develo~er . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4. E£fective Date and Terzn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.1 Effective Date . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.2 Texm ..............................................4
Section 5. UsP of the Areas A-E Pro}~ertv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 5.1 Right to Develon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 5.2 PPTmitted Uses - • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 6. Use of the Areas ~-H Pro~rt;ti . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6.1 $igbt to Develo~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 7. F~ture Develo.~vmez~t AQreement~l Rec~uired . . . . . . . . . . . . . . . . . . . . 5
Section 8. ~i~licahlP R~~iPS,$e,QUlations and Official Policies . . . . . . . . . . . . . . . 6
Sectzon 8.1 ~tLPs re Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 8.2 Rules re Design and Cons ction of Public Im~rovenn.ents .... 6
Section 8.3 Uniform Codes A~licable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 9. Moratorium Not A~plicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 10. A~nlicahlP FPP~ and Dedicati ns• Time of Pavment . . . . . . . . . . . . . . . 7
Section 1 I. ubseq~ ent ,y Enacted or Revised Fees Assessments and Taxes ...... 7
Section i l. l Fees. Exactions. Dedications . . . . . . . . . . . . . . . . . . . . . . 7
Section 11.2 Revised A~plication Fees . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section I 1.3 New Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.4 Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.5 Vote on Future Assessments and Fees . . . . . . . . . . . . . . . 8
Dublin/Alameda Development Agreement Table of Contents - Page i of iv
for Dublin Ranch Project March 25, 1999
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Section 12. A~~P~sment District -- Backbone Infrastnzcture . . . . . . . . . . . . . . . . . . 8
Section 13. Master Tentativ~Ma~,s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 14. imin ................................................10
Section 15. Ownersh,~ and Maintenance of Parks Landsca~ing„ and O~en S~ace
Areas .........................:....................... 10
Section 16. Librarv Contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ].
Section 17. Park Land.
Section 17.1
Section 17.2
Section 17.3
Section 17.4
Section 17.5
Section 17.6
Section 17.7
Section 17.8
Section 17.9
Section 17.10
............................................ 11
onve~Tance of 44 5 Acres for Gommunit, Par ...... 11
onve,yance of 7 S Acres £or Communit, Par ....... 11
iming of Conve~ance . . . . . . . . . . . . . . . . . . . . . . . 12
Credit for Convevance . . . . . . . . . . . . . . . . . . . . . . . . . 12
Possible Com~nsation for Portion of 44 5 Acres. .... 12
~11 strative Example . . . . . . . . . . . . . . . . . . . . . . . . . . . I3
P~~rment of Public Facilities Fee . . . . . . . . . . . . . . 13
RPstriction on Develo~ment of 13 Acres. . . . . . . . . . . . 13
Possibl Reconfiguration or Retocation of Comm~'LtY
~ ........................................ 14
"Not to F.~cceed" Value for Park Acreage . . . . . . . . . . . . 14
Section I8. Maintenance Costs for Box Culvert . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 19. Calculat on of Fl or Area Ratio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 S
Section 20. "Wallis" Pro~?ert,y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 21. Srnrm nrain IViaster Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 22. P~ymen of Funds for Acc~u~.ition of Ri~ht of Wa~for Construction of
"Backbone Infrastructure" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ 6
Section 23. R..~~ht to Purchase Remnant Parcel North of Gleason Drive. ....... 17
Section 24_ ree Li~h in . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Dublin/Alameda Development Agreement Table of Contents - Page ri of iv
for Dublin Ranch Project March 25, 1999
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Section 25. Amendm ent or Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 25.1 Modification Be~ause of C on_Elict with State or Federal
Laws ............... ........................ 18
Section 25.2 A~nendment b.~ Mutual ~ onsent . . . . . . . . . . . . . . . . . . I 8
Section 25.3 Insubst~ptial Amendment s . . . . . . . . . . . . . . . . . . . . . . 19
Section 25.4 Amendnnent of .Areas A-E Pro~ct Ap~rovals . . . . . . . . . 19
Section 25.5 AmPndnnent of Areas F-H Pro~ect . . . . . . . . . . . . . . . . . 19
Section 25.6 C'anrPltation bv Mutual C onsent . . . . . . . . . . . . . . . . . . 19
2b. A~nualReview ....................... ........................ 19
Section 26.1 Review Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 26.2 n' n . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Q
Section 26.3 taff Re~,4.rtS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 26.4 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 27. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 27.1 Qther Rennedies Av ' able . . . . . . . . . . . . . . . . . . . . . . . 20
Section 27.2 Notice and Cuxe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 27.3 ~Vo Dam~ges Ag.ainst CIT Y . . . . . . . . . . . . . . . . . . . . . . 2I
Section 28. Esto~e Certi~ic?te . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 29. Mort~,.az~ee Prot~ction- Certain Rights of Cure . . . . . . . . . . . . . . . . . .. 21
Section 29.1 Mortg~~eP Protec~on . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 29.2 Mortoa~ee Not Obligated . . . . . . . . . . . . . . . . . . . . . . . 21
Section 29.3 ice ee ensi o
Cur .........................•-............22
Section 30. Sever_ ahilitT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 31. ' Fe an sts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 32. "~'zansfers and A.ssignn
Section 32.1 ' h to
Section 32.2 A~v
Section 32_3 ffect o
Section 32.4 Permitte
Section 32.5 Tenmina
Public•
.e~ ................................23
si ............................... 23
l and No ice of Sale Transfer or ~1SSig~merit .. 23
. Sale Transfer or Assignment . . . . . . . . . . . . . . 23
d Transfer Purchase or A,~igr~nent . . . . . . . . . 24
tion of A~reement Uvon Sale of Individual Lots to
.....................................24
Dublin/Alameda Development Agreement Table of Contents - Page iui of iv
for Dublin Ranch Project March 25, 1999
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99251790 ~
Section 33. Aereement Runs with th~ and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Section 34. Bankru~tcT .............................................25
Section 35. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 36. ~nsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 36.1 Puhlic Liabilitv and Pro e~rtv Damage Insurance ...... 25
Section 36.2 Workers Com~e sation Insurance . . . . . . . . . . . . . . . . . 25
Section 36.3 Eviden~e of Insuraztce . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 37. Sewer and Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 38. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 39. A,greement is Entire Understandin~~ . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 40. Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 41. Counterg~rts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 42. Recordaion ............................................ 28
Dublin/Atameda Development Agreement Table of Contents - Page iv of iv
for Dublin Ranch Project March 25, 1999
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THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this 18th day of May, 1999, by and between the CITY OF DUBLIN, a
Municipal Corporation {hereafter "City"), and Chang Su-O-Lin (also known as
Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao
Lin (also known as I~evin Lin), (hereafter "Developer"), pursuant to the authority of
§§ 65864 et seq. of the California Government Code and Dublin Municipal Code,
Chapter 8.56.
RECITALS
A. California Government Code §§ 65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into
an Agreeznent for the development of real property with any person having a legal or
equitable interest in such property in order to establish certain development rights in
such property; and
B_ The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
C. The Eastern Dubtin Specific Plan requires DEVELOPER to enter into a
develogment agreement; and
D. DEVELOPER desires to develop and holds Iegal interest in certain real
property located in the City of Dublin, County of Alameda, State of California,
consisting of the following:
i) approximately 815 acres of land (knowzi as Areas A, B, C, D& E) which is
more particularly described in Exhibit A-1 attached hereto and incorporated herein by
this reference and which real property is hereafter called the ".Areas A-E Property";
and
2) approximately 304 acres o£ land (known as Areas F, G and H) which is more
particularly described in F.xhibit A-2 attached hereto and incorporated herein by this
reference and which real property is hereinafter called the "Areas F-H Property."
E. DEVELOPER proposes the development of the Areas A-E Property with
a combination of office, commercial and residential uses. Area A(approximately 348
acres) includes 571 dwelling units and a golf course; Area B to E(approximately 467
acres) includes 1,875 dwelling units in eleven distinct neighborhoods, 41.2 acres of
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general commercial, 44.6 acres of campus office, a community park and
approximately 32.4 acres of open space (together, the "Areas A-E Project"); and
F. DEVELOPER has applied foz, and CITY has approved, various land use
approvals in connection with the development of the Areas A-E Project, including: 1)
for Area A a PD District rezoning (Ordinance No. 23-97) and general provisions for
the PD District rezoning including the Land Use and Development Plan (Resolution
No. 139-97); and 2) for Areas B to E a General Plan and Specifzc Plan Amendment
(Resoiution No. 140-97), a PD District rezoning (Ordinance No. 24-97) and general
provisions for the PD District rezoning including the Land Use azld Development
Plan (Resolution No. 141-97), (collectively the "Areas A-E Project Approvals"); and
G. Development of the ,Areas A-E Property by DEVELOPER is subject to
certain future discretionary approvals including master tentative maps (required by
this Agreement), tentative subdivision maps and site development review; and
H. The approved General Plan land use designations shown on the Land
Use Map in the General Plan at Figure 1-2B and on the Land Use Map in the Eastem
Dublin Specific Plan at Figure 4.1 for the Areas F-H Property allows development
with a combination of office, commercial and residential uses; and
I. DEVELOPER has applied for, and CITY has approved, various land use
approvals in connection with the Areas F-H Property including: 1) a General Plan
Amendment (Resolution No. 53-93); 2) the Eastern Dublin Specific Plazi (Resolution
No. 53-93); and 3) prezoning (Resolution No. 104-94) (collectively the "Areas F-H
Project"); and
J. Development of the Areas F-H Property by DEVELOPER is subject to
certain future discretionary approvals including rezoning zequired by Resolution No.
104-94, master tentative maps (required by this Agreement), tentative maps and site-
development review; and
I<.. DEVELOPER has requested a development agreement in advance of the
time when a development agreement will be required by CITY for the Azeas A E
Property and F-H Property to comply with Chapter 11 of the Eastern Dublin Specific
Plan and CITY has agreed to enter into this agreement on the condition that a
further development agreement or agreements will be required at the time of or
following approval of tentative map(s) as described hereinafter in Section 7; and
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L. The City Council has found that, among other things, this Development
Agreement is consistent with its Generai Plan and the Eastern Dublin Specific Plan
and has been reviewed and evaluated in accordance with Chapter 8.56; and
M. CITY and DEVELOPER have reached agreement and desire to express
herein a Development Agreement that will faczlitate development of the Areas A-E
Project and Areas F-H Project subject to conditions set forth herein; and
N. Pursuant to the California Environmental Quality Act (CEQA) the City
adopted a Negative Declaration {"ND") foz the Areas A-E Project and has found that
the ND is adequate for this Agreement. The City has also found that the Areas F-H
Project is within the scope of the Final Environmental Impact Report for the Easterzt
Dublin General Plan Amendment and Specific Plan ("EIR"} whzch was certified by the
Council by Resolution No. 51-93 and the Addenda dated May 4, 1993, and August
22, 1994; and
O. On May 18, I999, the City Council of the City of Dublin adopted
Ordinance Na. I 6-99 approving this Development Agreement. The ordinance took
effect on June 17, 1999.
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
Section 1. Descri~tiQn of Pro~~.
The property which is the subject of this Development Agreement is
described in Exhibit A-1 attached hereto (the "Areas A-E Propercy") and in Exhibit A-
2, attached hereto (the "Areas F-H Property").
Section 2. ~,nterest of Develo~er.
The DEVELOPER has a legal or equitable interest in the Areas A-E
Property and in the ,Areas F-H Property in that it owns the Areas A-E Property and
the Areas F-H Property in fee simple.
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Section 3. RPlarinn~hi~of it~ and evelo~er.
It is understood that this Agreement is a contract that has been
negotiated and valuntarily entered into by CITY and DEVELOPER and that the
DEVELOPER is not an agent of CITY. 'Tki.e 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.
Section 4. Effective Date and Term.
Section 4.1 Effective Date. The effective date of this A.greement shall
be the date upon which this Agreement is signed by CITY.
Section 4.2 Term. The term of this Development Agreement shall
commence on the effective date and extend twenty (20) years thereafter, unless said
term is othervvise terminated or modified by circumstances set forth in this
Agreement or by a Specific Plan Development Agreement, as defined and described in
Section 7.
Section S. L75e of the A.reas A-E P~~ert~.
Section S. I.R.,~ght_t D~evelon. Developer shall have the vested right to
develop the Areas A E Project on the Areas A-E Property in accordance with the
terms and conditions of this Agreement, the Areas A-E Project Approvals, and any
amendments to any of them as shail, from tinne to time, be approved pursuant to this
Agreement.
Section 5.2 Perr~itted i7ses. The permitted uses of the Areas A-E
Property, the density and intensity of use, the height, bulk and size of proposed
buildings, general provisions for reseivation or dedication of land for public purposes
and general location and maintenance of on-site and off-site improvements, general
location of public utilities (operated by CI'I'~ and other terms and conditions of
developrnent applicable to the Areas A-E Property, shall be those set forth in this
Agreement, the Areas A-E Project Approvals and any amendments to this Agreement
or the Areas A-E Project Approvals.
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Section 6. Use of the A~eas F-H Pro~ertv
Section 6.1 Right to Develov. DEVELOPER shalt have the vested
right to develop the Areas F-H Property in accordance with the land use designations
shown on the Land Use Map in the General Plan {Figure 1-2B) (Exhi i B hereto)
and Eastern Dublin Specific Plan (Figure 4.1) (Exhi ' hereto), provided that all
required approvals are obtained (including PD Rezoning, Master Tentative Map(s)
and Tentative Map(s)) and provided furthex that approval of any units per acre
(residential) and F.A.R per acre (non-residential)over the zxiinimum units pez acre
and F.A.R's shown in the General Plan and Specific Plan are not guaranteed by this
agreement but, rather, are dependent on findings of consistency with all other policies
of the General Plan and Specific Plan and environmental review. Consistent with the
EIR, CITY shall consider the midpoint of density ranges shown in the Specific Plan
when reviewing any application for required approvals.
Section 6_2 ~Qp~~Pd Revi ed Land Use Desi a'ons. DEVELOPER
intends to process an amendment to the General Plan and Specific Plan land use
designations on the Areas F-H Property and to seek zoning/rezoning approval for
such land uses. In conjunction with CITY approval of a PD District zoning for such
property, CITY and DEVELOPER agree that they will amend this agreement or enter
into a new developrnent agreement for the purpose of vesting the right to develop the
Areas F-H Property based on such revised land use designations for a periad equal to
the remaining term of this Agreement. Upon the effective date of such amendment
or new development agreement, the right to develop the Areas ~-H Property as
provided in Section 6.1 shall ternunate and shall be replaced by the right to develop
the Areas F-H Property in accordance with the revised land use designations.
Section 7. Futuxe Develo.pment ee j,sLRec~uired.
Notwithstanding any other provision of this Development Agreement to
the contrary> DEVELOPER shall not be able to develop the Areas A-E Property or the
Areas F-H Property, or any portions thereof, until it has entered into another
development agreement or agreements with CITY, applicable to the portions of the
Areas A-E or Areas F-H Property, which DEVELOPER proposes to develop as
required by Chapter 11 of the Eastern Dublin Specific Plan (a "Specific Plan
Development Agreement"). The purpose c~f the "Specific Plan Development
Agreement shall be to comply with the requirement of Chapter 11 and shall not be
for the purpose of impairing any of DEVELOPER's rights hereunder. As used herein,
"deveiop" shall mean recordation of a final subdivision map (excluding a final
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"master" map}, a final parcel map for a commercial or office use, a final map for
medium, medium high or high density residential uses) or issuance of a conditional
use permit, site development zeview or a building permit.
For the term of this agreement, this Development Agreement shall
continue in effect as to any portion of the A.reas A-E Property or Areas F-H Property
which is subject to a Specific Plan Development Agreement upon the effective date of
such agreement except as modified by specific provisions of a Specific P1an
Development Agreement.
Section 8. A~Dticable Rules, Reeulations and Official Policies.
Section 8.1 Rules re Pernutted Uses. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, for the term of this Agreement, the City's
ordinances, resolutions, rules, regulations and official policies governing the pern-itted
and conditiona! permitted uses of the Areas A-E Property, goveming density and
intensity of use of the Areas A-E Pzoperty and the maximum height, bulk and size of
proposed buildings shall be those in force and effect on the effective date of this
Agreement.
Secdon 8.2 Rules re Design and Constzuction of Public Imnrovements.
The ordinances, resolutions, rules, regu.lations and official policies governing design,
innprovement and construction standards and specifications applicable to public
impravements to be constructed by Developer shall be those in force and effect at the
time of the applicable permit approval for the public iznprovement.
Section 8.3 Uniform Codes Ag~licab e. Ux~ess expressly provided in
Paragraph 5 of this Agreement, the Areas A-E Project shall be constructed in
accordance with the pxovisions of the City's adopted Uniforrn Building, Mechanicai,
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, or other construction permits for the Areas A-E Project.
Section 9. Moratorium Not A~licable.
Notwithstanding anything to the contrary contained herein, in the event
an ordinance> resolution or other measure is enacted, whether by action of CITY, by
initiative, referendum, or otherwise, that imposes a building moratorium, a limit on
the rate of development, or a voter-approval requirement which affects the Areas A-E
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Project or the Areas F-H Project on all or any part of the Axeas A-E Property or .Areas
~-H Property, CI"I°Y agrees that such ordinance, resolution or other measure shall not
apply to the Azeas A-E oz Areas F-H Project, the Areas A E oz Areas F-H Property,
this Agreement or the Areas A-E Project Approvais unless the building imposed by
CITY as part of a declaration of a local emergency (induding a moratorium due to
lack of sewer or water capacity) oz state of emergency as defined in Government Code
§ 8558.
Section 10. A~~li a le Fees and Dedications: Time of Pavment•
The Areas A-E Property shall be subject to tlnose development impact
fees and dedications required by CITY's adopted ordinances, resolutions and policies
which are in effect at the time of approval of tentative subdivision maps.
The Areas F-H Property shall be subject to those development impact
fees and dedications required by CITY's adopted ordinances, resolutions and policies
which are in effect at the time of approval of future discretionary approvals.
,All applicable development in~pact fees for the .Areas A-E Property and
the Areas F-H Property will be paid by DEVELOPER at the time of issuance of
building permits and in the then-current amount of the impact fee.
Section 1 I. Subse4uentl}~ Enacted or Revised ~ees, Assessments and Taxes.
Section 1.1.1 FPgs FXaction~ Dedications. CITY and
DEVELOPER agree that the fees payable and exactions required in connection with
the development of the Areas A-E Project and the Areas F-H Project for purposes of
rrutigating envizonmental and other impacts of the Areas A-E Project and the Areas F-
H Project, providing infrastructure for the Areas A-E Project a~nd the Areas F-H
Project and complying with the Speci~.c Plan shall he determined at the time of
future discretionary approvals, including tentative subdivision map(s).
Section 11.2 Revised A~lication Fees. Any existing application,
processing and inspection fees that aze revised during the term of this Agreement
shall apply to the Areas A-E Project and Areas ~-H Project provided that (1) such fees
have general applicability; and (2) the appiication of such fees to the Areas A-E
Property is prospective.
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Section 11.3 New Taxes. Any subsequently enacted city-wide
taxes shall apply to the Areas A-E Project and the Areas F-H Project provided that the
appiication o£ such taaces to the Areas A-E Property is prospective.
Section 11.4 Assessments. Nothing herein shall be construed to
relieve the Areas A-E Property or Areas F-H Property from assessments levied against
it by City pursuant to any statutory procedure far the assessment of property to pay
for infrastructure and/or services which benefit the Areas A-E Property or Areas F-H
Property.
Seccion 11.5 Vote on Future Assessments and Fees. In the event
that any assessment, fee or charge which is applicable to the Areas A-E and/or Areas
F-H Property is subject to Article XII~D of the Califomia Constitution and
DEVELOPER does not return its ballot, DEVELOPER agrees, on behalf of itself and
its successors, that CTTY may count DEVELOPER's ballot as affirmatively voting in
favoz of such assessment, fee or charge.
Section 12. A~~Pssment District -- Backbone Infrastructure.
CITY has entered into this agreement to, among other things, facilitate
DEVELOPER's financing of the construction of certain "backbone infrastructure" to
serve the Areas A-E Property and Areas F-H Property. DEVELOPER's preferred
method of financing "backbone infrastructure" is an assessment district formed
pursuant to the Assessment District Act of 1913 with the area to be assessed being a
portion of the Areas A E Property and Areas F-H Property. In the event the
assessment district is not established and/or bonds are not sold to fund all of the
"backbone infrastructure", DEVELOPER shall provide an alternate method of
~inancing the "backbone infrastructure" prior to the approval of the first final
subdivision map that creates lots for sale or lease for the property (i.e., subdivision
subsequent to the creation of parcels pursuant to the filing of a Master Final Map), or
the first non-residential building permit in either Areas A-E Property or the Areas F-H
Property.
The "backbone infrastructure" referred to herein is generally desc.nibed in
Ext-ibi and is an;ticipated to be built in one or more phases. The final list of
improvements to be financed through the Assessment District will be determined by
the City Council upon formation of the A.ssessment District. Some of the "backbone
infrastructure" may be constructed by DEVELOPER and acquired by CITY and/or
the Dublin San Ramon Services District ("DSRSD") through the Assessment District
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and some of the "backbone infrastructure" will be constructed by CITY or DSRSD
using Assessment District funds.
DEVELOPER recognizes that the timing of the formation of the
assessment district depends on approval of this agreement. DEVELOPER also
recognizes that CITY wili adopt policies establishing conditions for formation of the
assessment district and issuance of bonds.
Section 13. M~ter Tentative Mags.
DEVELOPER agrees that it will file three or more (but not more than
seven) "master" tentative maps for the Areas A E Property and the Axeas F-H
Pzoperty, as contemplated in Section 11.2.8 of the Eastern Dublin Specific Plan. For
CITY, the puzpose of filing "master" tentative maps is to assure that all arterial streets
and major infrastructure (including the "backbone infrastructure" and any other
needed infrastructure not listed on Exhzbit D) are constructed to serve the entire area
included on the "master" tentative map (the "Master Map Area"). For DEVELOPER,
there aze severai purposes for filing "master" tentative znaps; these purposes include
(a) assuring that all arterial streets and major infrastructure are planned to serve the
Master Map Area, (b) to czeate master parcels which may be further subdivided, and
(c) to create master paxcels of logical size for purchase by builders/developers for
construction of projects.
To effectuate the CITY's purposes, the "master" tentative maps will be
condiuoned to assure the following: (a) that each parcel may be further subdivided;
(b) that a Speci~fic Plan Development Agreement wiil be required at the time of
further subdivision or prior to final map (if no further subdivision occurs); (c) that
DEVELOPER shall prepare a street alignment study adequate for CITY to use to
establish ~right-of-way lines for all arterial. streets required to provide access to the
Master Map Area to the satisfaction and requirements of CITY's Public Works
Director; (d) that ail arterial streets required to provide access to the Master Map
Area (induding those arterial streets included in the "backbone infrastructure" and
any other arterial streets) are guaranteed to CITY's satisfaction prior to or concurrent
with the final map; (e) that all major infrastructure (including drainage
improvements) required to serve the Master Map Area (including majoz infrastructure
included in the "backbone infrastructure" and any other such major infrastructure) are
guaranteed to CITY's satisfaction prior or concurrent with the finaI map; (~ that
drainage improvements aze adequate for all upstream development and that
Dublin/Alameda Development Agreement Page 9 of 29
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downstream improvements are adequate assuming that no development were to occur
e~ccept in the Mastez Map Area; and (g) that all utilities required to serve the Master
Area, including gas, electricity, telephone, cable TV, water and sewer are znaster
planned.
Nothing provided herein shall be deemed to restrict CITY's discretion to
impose any other conditions zt deems appropriate on a"master" tentative map.
Section 14. Timin
With the exception of the "backbone ixi£rastructure improvements" described
in Section 12 and the "Master" tentative maps described in Section 13, this
Agreement contains no requirements that DEVELOPER must initiate or coznplete
development of the Areas A E Project or the Areas F-H Project within any period of
time set by CITY. It is the intention of this provision that DEVELOPER be able to
develop the Areas A-E Property and the Areas F-H Property in accordance with its
own time schedules and the Areas A-E Project Approvals and the Areas F-H Project.
Section 15. Ownershi~ and Maint,~nance of Parks LandscaFing and O~en
~Pa~•
Ownership and maintenance of parks, landscaping and open space areas
in the Areas A-E Property and the Areas F-H Property shall be as follows:
OWNERSHIP MAINTENANCE
Parks Public City Cety
Stream Corridor Open Space Areas Home ~wners
Association ("HOA") Zone 7-6$RI'D' or
Community HOA
Stream Corridor Trails EBRPDIHOA Zone 7-EBRPD' or HOA
Other Trails EBRPD/HOA EBRPD or HOA
Trails along arterials City/HOA " City (pavement only};
HOA (landscaping)
Right-of-Way Landscaping -
Arterials/Medians City City
Right-of-Way Landscaping (curb to ROW
line) City HOA
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Right-of-Way Landscaping - internal public
streets City HOA
Subdivision Community Landscaping Private HOA
Rural Residential/Agricultural Lands Private Private
* Public easement required
" To be deteimined at tentative map
Section 16. Librar,y, Contribution.
DEVELOPER agrees to contribute Two Million Dollars ($2,000,040) to
CITY for use by CITY for construction of a new library. DEVELOPER shall not be
entitled to credit against payment of Public Facilities Fees on account of such
contribution. DEVELOPER will pay CITY the $2,000,000 60 days following written
notice from CITY but no sooner than the date CITY awards the contract.
Section 17. P~rk Land.
Section 17.1 ~QnvevanrP of 44 5 Acres for Commwnit,y Park. By
grant deed, DEVELOPER shall convey to CITY in fee simple and free of any
assessments for 'backbone infrastructure" 44.5 acres of land for the community park
showzi on Figure 4.1 in the Eastern Dublin Specific Plan which is located adjacent to
and west of FalIon Road ("Community Park"). The exact location of the land to be
conveyed sha11 he determined by CITY. DEVELOPER shall provide City with
evidence that the land to be conveyed and underlying groundwater are free of
hazazdous substances. DEVELOPER shall be entitled to a credit for conveyance of
such 44.5 acres as of the Effective Date.
Section 17.2 onve~~ance of 7 5 Acres for Communit~ Park. By
grant-deed, DEVELOPER shall convey to CITY in fee simple and free of any
assessments for "backbone infrastructure" an add'ztional 7.5 acres of land for the
community park shown on Figure 4.1 in the Eastem DubIin Specific Plan which is
located adjacent to and west of Fallon Road ("Community Park"}, for a total of 52
acres. The e~cact location of the 7.5 acres of land to be conveyed shall be determined
by CITY. DEVELOPER shall provide City with evidence that the land to be
conveyed and underlying groundwater are free of hazardous substances.
DEVELOPER shall receive no credit for conveyance of such 7.5 acres, which property
shail be used by CITY to reduce the current 3.3 acre deficiency in total community
park acreage City-wide and to reduce the need for joint use by CITY and the Dublin
Uriified School District of schooUpark iands.
Dublin/Aiameda Development Agreement Page 1 1 of 29
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Section 17.3 Timin~ of Conve, a~ce. The tota152 acres shall be
conveyed to CITY in phases. The first conveyance shall occur when DEVELOPER
records the first final subdivision map which includes all or a portion of an existing
parcel of land which includes land which will become part of the comrnunity park.
Additional conveyances shall occur when DEVELOPER records subsequent final
subdivision mags which include portions of existing parcels of tand which include
land which will become part of the community park. Notwithstanding the foregoing,
conveyances may occur at such earlier date(s)designated by CITY 60 days in advance
in writing.
Section 17.4 C`redit far Convevance. DEVELOPER may use its
credit. for conveyance of 44.5 acres to satisfy its obligation under Dublin Municipal
Code Chapter 9.28 (City's "Quimby Act" ordinance) for community park land for any
residential project on the .Areas A-E Property or the Areas F-H Property. All other
aspects of use of the credit shali be as provided in CITY's administrative guidelines
governing use of credits against payment of the Public Facilities Fee.
DEVELOPER may request, and CITY will consider, use of such credits
for non-residential projerts.
Section 17.5 Possib~ Com~ensation f r Portion o£ 44 5 Acres. Fn
the event that the total "Quimby Act" dedication requizement for the Areas A-E
Property and A.reas F-H Property is less than 44.5 acres and provided there are
sufficient Public Facilities Fee monies for the Community Park Land "component" of
the Fee available, CITY shall compensate DEVELOPER for the difference between
the "Quirnby Act" ordinance dedication requirement and 44.5 acres ("the
Difference"). In surh event, DEVELOPER agrees that CITY will pay DEVELOPER
for the "Diffezence" at the then-current "fair market value (based on DEVELOPER's
estimation)," provided in no event shall the "fair market value" exceed the land value
used by CITY in calculating its then-current Public Facilities Fee. Tl~~e payment to
DEVELOPER shall occur upon approval of the last map for a residential pzoject,
which is the time when the entire "Quimby Act" dedication requirernent for all of the
Areas A-E and Areas F-H Properties will be known and the Difference can be
ca~culated, provided that if there are insufficient Public Facilities Fee monies at such
time, the amount of the payment shall become a right to reimbursement, to be paid
pursuant to adopted guidelines frozn Fee monies only. As used in this Section 17,
"then current" nneans the date of an agzeement to purchase or the "valuation date", as
defined in the Eminent Domain Law.
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As an alternative to payment to DEVELOPER, CITY may at its optiozt
grant DEVELOPER a credit in the amount o£ the Difference, which credit may be
used by DEVELOPER against its dedication requireznent under the "Quimby Act" For
Community Park Land on other residential property which DEVELOPER proposes to
develop. All aspects of the use of any such credit shall be governed by guidelines to
be adopted by CITY regarding aredits and reimbursement for Public Facilities Fees.
Section I7.6 ~llustrative Exam~~. The following exannple
iIlustrates the provisions of Section 17.5:
Assume that the "Quimby Act" dedication requirement for all of the
Areas A-E Pzoperty and Areas F-H Property is 30 acres.
DEVELOPER conveys 52 acres and receives a credit foz 44.5 acres.
DEVELOPER's "Quimby Act" dedication requicement of 30 acres is subtracted from
44.5 acres for a total of 14_5 acres for which CITY must compensate DEVELOPER
At the time of the conveyance (last final map), the "fair market value"
of the I4.5 acres (based on DEVELOPER's estimation) is $400,000 an acre and the
land value used by CITY in its then-current Public Facilities Fee is $375,000 an acre.
CITY shall pay DEVELOPER the sum of $5,437,500 (14.5 x$375,000).
Altematively, if the "fair market value" {based on DEVELOPER's estimation) is
$350,000 an acre, CITY shall pay DEVELOPER $5,075,000.
Section 17.7 Pa~mern of Public ~acilities Fee. In the event
that the total "Quimby Act" dedication requirement for the Areas A-E Property and
Areas F-H Property is more than 44.5 acres, DEVELOPER shall comply with the
Quimby Act Ordinance by dedicating additional land or paying fees.
DEVELOPER will pay all other components of CITY's Public
Facilities Fee for residential development and shall pay the Fee in fuil for non-
xesidential development.
Section 1~.8 Restriction on Develon~nnent of 13 Acres. CI'I'Y
agrees that the I3-acre portion of the Community Park illustrated on the Land Use
and Development Plan/District Planned Development Plan for Areas B-E with a"***"
shall not be necessary for use as part of the Community Park. CITY and
DEVELOPER agree that neither DEVELOPER nor its successors in interest will
develop the 13 acres for any uses inconsistent with park uses until CITY has made a
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99251790
determination that 68 usable and contiguous acres of land (including lands owned by
persons other than DEVELOPER) are available for the Community Park. CITY will
make its determination within six months of the date CITY receives information it
believes is reliable that 68 contiguous acres can be developed as a park without
interference from other jurisdictions. By its agreement hereto, DEVELOPER agrees
that CITY may deny a proposal to develop the 13 acres or any portion thereof until
CITY has made such determination and D.EVELOPER will not claim damages as a
result of such denial. "Develop," as used herein, has the same meaning as used in
Section 7.
Section 17.9 Possible Reconfi,guration or Relocation Qf
Communit~ Parls. In the event that CITY needs to reconfigure or relocate the
Community Park because all or a portion of the Community Pazk site is
undevelopable for comrnunity park purposes due to federai wetlands or endangered
species regulations or for any other reason related to federal and/or state regulatory
permits, DEVELOPER and CITY agree to work together cooperatavely in an attempt
to reconfigure or relocate the Community Park so that CITY is able to provide a 6$-
acre usable contiguous camnnunity park in the generai location af the Community
Pazk. In such event, CITY will attempt to redesigrtate land uses on the Areas A-E
Property to retain the level of development approved by the PD District rezoning and
Land Use and Development Plan (Ordinance No. 23-97 and Resolution No. 139-97).
If CITY and DEVELOPER are unable to agree on a reconfiguration or relocation of
the Community Park to achieve CIT'Y's need for 68 acres and CITY acquires such
needed acreage through purchase or condemnation, DEVELOPER agrees that the
value oF such land shalt be the then-current "fair market value," provided in no event
shall the "fair market value" exceed the land value used by CITY in calculating its
then-current Public Facilities Fee.
Section 17.10 "Not to Exceed" Value for Park Acreag~. In the
event that City is required to acquire any of the Areas A-E and/or Areas F-H Property
for park purposes by agreement or condemnation in excess of the 52 acres for the
Community Park> DEVELOPER agrees that the value of the portion of such property
to be so acquired in excess af the portion which is required to be dedicated under the
Quimby Act Ordinance shall be the then-current "fair market value," provided in no
event shall the "fair market value° exceed the Iand value used by CITY zn calculating
its then-current Public Facilities Fee. This Section 17.10 shall be applicable only to
the acquisition by CITY of property to satisfy the requirements of the Eastem Dublin
General Plan and Specific Plan..
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Section 18. Maintenance Costs for Box Culvert.
DEVELOPER agrees that, subject to approval from regulatory agencies
having jurisdiction, it will construct a box culvert along the northern side of I-580
(along the southern boundary of the areas A-E and F-H Property to channel drainage
from the A.reas A-E Property and the Areas F-H Property. DEVELOPER further
agrees that it will make a one-time payment to CITY of $280,000 to be used by
CITY for the maintenance costs of the box cuivert no later than the date CITY
accepts the box culvert improvements.
Section 19. Calsulation of ~loor Azea_ Ratio.
In calculating the Floor Area Ratio ("F.A.R.") for development of
individual parcels of the Areas A-E Property and/or the Areas F-H Property, CITY will
use gross acres, before subtracting land to be used for streets and utilities.
The F.A.R.'s specified in the Specific Plan will be applied by CITY to
individual parcels, regardless of whether a portion of a parcel is not developable
because it is to be used for wetlands or other environmental mitigation.
Section 20. "Wallis" Pzo~ert,y.
DEVELOPER is the owner of approximately 183 acres, located wi.thin
Alameda County (the "Wallis Property"), as shown in Exhi i E. The Wallis
Property is not within the City of Dublin but is within the Eastern Dublin Specific
Plan area and is within CIT1''s sphere of influence.
It is the mutual desire of CI'I'Y and DEVELOPER that the Wallis
Property be annexed ta CTTY prior to development on the Wallis Property. Upon
request of DEVELOPER and provided it is legally possible, CITY will initaate an
application to annex the Wallis Property to CTTY.
In the event that development occurs on the Wallis Property while it is
unincorporated, DEVELOPER agrees that it wili pay all CITY development impact
fees then in ef£ect and applicable to property in Eastern Dublin to CIT'Y.
Except for the agreement in the preceding paragraph, the Wallis
Property is not subject to this Agxeement
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Section 2I. Storm Drain Master Plan.
DEVELOPER will prepare a Master Storm Drainage Study covering all
of the Areas A-E and .Areas F-H Properties to the satisfaction and requirements of
CITY's Public Works Director. DEVELOPER shall complete the Master Stozm
Drainage Study to the Public Works Director's satisfaction prior to approval by CITY
of the first "master° tentative map.
Section 22. Pavment of Funds for Acquisition of Right~Wa,y for
Construction of "Backbane Infrastructure"
Upon 20 days' written notice from CITY, DEVELOPER will pay to
CITY the amount of $74,000 to be used by CITY to acquire any right-of-way (and
easements) needed for construction by DEVELOPER of the "backbone
infrastructure". Such right-of-way includes that necessary for Gleason Drive, Central
Parkway and Dublin Boulevard from the Areas F-H Property to Tassajara Road.
CITY agrees that it will use such monies to acquire such right-of-way as expeditiously
as possible. The monies will be used by CITY for all expenses associated with the
acquisition of such right-of-way, including but not limited to Iegai descriptions,
appraisal fees, title reports, environmental review and documentation, preparation of
all documents for adoption of a resolution of necessity and convenience, court costs
(including, but not limited to, fees for preparation of transcripts), costs of litigation,
trial and appeai, including document preparation, expert witness fees and attozmey's
fees and costs, the fair market value of the land (as mutually agreed upon or as
determined by the court), and any award nnade by the court to the defendants
(including but not limited to market value, severance damages, attorneys' fees,
appraisers' fees, expert witness fees, and all other costs [collectively, "Acquisition
Costs"J ), whether or not the eminent doxnain action results in the acquisition o£ the
real property sought to be condemned.
It is anticipated that the total Acquisition Costs will be approximately
$4,27b,000. Accordingly, upon written request from CITY and 20 days' notice,
DEVELOPER will pay to CITY any amounts in addition to the initial payment o£
$74,000 which CITY determines are necessary to acquire such right-of-way.
CITY shail provide DEVELOPER with an accounting o£ the Acquisition
Costs incurred by CITY on a quarterly basis.
CITY wi~ll keep DEVEL~PER apprised of any negotiations for
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790
acquisition of the right-of-way and, provided CITY's attomey-client privilege is not
waived, will provide DEVELOPER the opportunity to participate in negotiations.
Prior to entering into any agreement with the owner(s) of the land to be acquired,
CTTY will consult with DEVELOPER regarding the am.ount of any proposed payment
and whether settlement or trial is preferable in DEVELOPER's opinion. However,
CITY retains the right to determine the amount of any such payment in its sole
disczetion.
DEVELOPER wiil receive credit against the TIF for monies paid to
CITY pursuant to this subsection used for acquisition of any right-of-way which is
within the TIF area needed for the Gleason Drive, Central Parkway and Dublin
Boulevard improvements. The credit shall be in the amount oF City's final
"Acquisition Costs" needed to acquire such right-of-way. DEVELOPER shall not be
entitled to a credit for any monies used to acquire right-of-way which is not in the
'I'IF areas.
The credit shall be granted at the time CITY obtains possession of the
right-of-way in the amount of Acquisition Costs (if possession is acquired by
agreement) or in the amount af CITY's "deposit of probable compensation" (if
possession is acquired by an "order of imnnediate possession". Additional credits, if
any, will be granted annually based on actual expenditures by CITY.
Any monies paid by DEVELOPER pursuant to this subsection which are
not needed by CITY to acquire the right-of-way shall be refunded to DEVELOPER
within 90 days' following final judgment of condemnation.
Section 23. Right to Purchase Remnant Parcel North of Gleason Drive.
In the event that CITY determines it should acquire any portion of the
land north of the proposed extension of Gleason Drive east of Tassajara Road (the
"Remnant Parcel"), as shown on Exhibit F hereto, through purchase or condemnation
for the purpose of avoiding severance dam.ages DEVELOPER agrees to pay to CITY,
upon 30 day's written notice, the amount{s) requested by CITY for such acquisition,
which shall inciude all CITY's anticipated costs as described in Section 22 ("Costs of
Remnant Acquisition"). Following acquisition of the Remnant Parcel, CITY agrees to
offer the Remnant Parcel to DEVELOPER for purchase_ If accepted, CITY would
convey the Remnant Parcel to DEVELOPER by quit claim deed in exchange for
payment of all of CITY's actual costs to acquire the "Rennnant Parcel" as determined
by CITY. If DEVELOPER does not accept the offer to purchase within 30 days' of
Dublin/Alameda Development Agreement T'age 17 of 29
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9925 r 7so ~~~j ~ b
,,
written notice, CITY wili declare the Remnant Parcel to be surplus and follow the
provisions of Dublin Municipal Code Chapter 2.38 for disposal of the Remnant
Parcel. Upon disposal of the Remnant Parcet, CITY will pay DEVELOPER the
proceeds of the sale (less CITY's administrative costs of conducting the sale) but not
to eacceed the Costs af Remnant Acquisition paid by DEVELOPER to CITY.
DEVELOPER's obligations to indemnify, defend and hald CITY harmless pursuant to
Section 35 shall extend to any claims, costs and Iiability arising out of CITY's actions
or inactions pursuant to this section.
Section 24. Street ~.ighting.
DEVELOPER has asked CITY to form an assessment district pursuant
to the Lighting and Landscaping Act of 1972 to pay for street lighting in order to
satisfy DEVELOPER's obligation to pay for street lighting i~ the Areas A-E Property
and the Areas F-H Property. DEVELOPER will not protest the formation of, or
annexation to, such an assessment district or the levy of an assessment. Furthermore,
DEVELOPER agrees to record a declaration of covenants, conditions and restrictions
or a similar document against the Areas A-E Property and Areas F-H Property before
issuance of a Certificate of Occupancy for any structure on either of such properties,
which declaration will covenant DEVELOPER, on behalf of theznselves and their
successors, to pay a"deed assessment" to CI'I'Y for the costs of street lighting and
street light maintenance in the event that the assessment for street light costs and
maintenance is not levied against the Areas A-E Property and/or Areas F-H Property,
or any portion of either of them, in any year.
Section 25. Amendment or Cancellation.
Section 25.1 M~~iifirat7nn Rera~s~ of Conflict with State or
~ederal Laws. Tn the event that state or federal laws or regulations enacted after the
effective date of this Agreement prevent or preclude compliance with one or moze
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 federai or state law or regulation. Any
such amendment or suspension of the Agreement shall be approved by the City
Council in accordance with Chapter 8.56_
Section 25.2 Amendment b~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.
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Section 25.3 Insubstantial Amendments. Notwithstanding the
provisions of the preceding paragraph 25.2, 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 Areas A-E Property as provided in paragraph 5.2; (c)
provisions for "significant" reservation or dedicadon of land; (d) conditions, terms,
restrictions or zequirements for subsequent discretionary actions; (e) the density or
intensity of use of the Arreas A-E Project; (f) the maximum height or size of proposed
buildings; (g) monetary contributions by DEVELOPER as provided in this
Agreement; or (h) the Areas F-H Property shall not, except to the extent otherwise
required by law, require notice or public hearing before either the Planning
Commission or the City Counci~ before the parties may execute an arnendment
hereto. CITY's Public Works Director shall determine whether a reservation or
dedication is "significant".
Section 25.4 AmPndment of Areas A-E Pro~eck nr~ als. Any
amendment of Areas A E Project Approvals relating to: {a) the permitted use of the
Areas A-E Property; (b) provision for reservation or dedication of land; (c) conditions,
terms, restrictions or requizements for subsequent discretionary actions; (d) the
density or intensity of use; (e) the maximunn height or size of proposed buildings; (f}
monetary contributions by the DEVELOPER; or (g) public improvements to be
constructed by DEVELOPER shall require an amendment of this Agreement. Any
other amendment of the Areas A E Project Approvals, or any of them, shall not
require amendment of this Agreexnent unless the •amendrnent of the Areas A-E Project
Approval(s) relates specifically to some provision of this Agreement.
Section 25.5 Amendment of .Axeas F-H Project. Any amendment
of the Areas F-H Project wili requi.re amendment of this agreement or a new
development agzeement, as provided in Section 6.2.
Section 25.6 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 andlor land dedicated pursuant to this
Agreement prior to the date of cancellation shall be retaitned by CITY.
Section 26. .A.r~nual Revi.~w.
Section 26.I ~eview D~te. The annual review date for this
Agreement shall be july 15, 2000 and each July 15 thereafter.
. ~ ~~~
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Section 26.2 Initiation of Review. The CITY's Community
Developznent Director shall initiate the annual review, as required under Section
8.56.140 of Chapter 8.56, by giving to DEVELOPER thzrty (30) days' written notice
that the CITY intends to undertake such review. DEVELOPER shall provide
evidence to the Community Development Dizector prior to the hearing on the annual
revievv, as and when zeasonably deternuned necessary by the Community
Development Director, to demonstrate good faith compliance with the provisions of
the Development Agreement as provided in Government Code §§65684 et seq. The
burden of proof by substantial evidence of compliance is upon the DEVELOPER.
Section 26.3 taff Re}~orts. To the extent practical, CITY shall
deposit in the mail and fa~c to DEVELOPER a copy of all staff reports, and related
exhibits concerning contract performance at least five {S) days prior to any annual
review.
Section 26.~ Costs. Costs reasonably iuncurred by CITY in
connection with the annual review shall be paid by DEVELOPER in accordance with
the City's schedule of fees in effect at the tinne of review.
Section 27. Default.
Section 27.1 Other Remedies Avaalable. Upon the occurrence of
an event o£ default, the parties may pursue aII other remedies at law or in equity
which are not otherwise provided for in this Agreement or in City's regulations
governing development agreements, expressly including the remedy of•speczfic
performance of this Agreement.
Section 27.2 Notice and Cur~. 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. Tf 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 peziod and diligently pursues such cure to completion Failure to give notice
shall not constitute a waiver of any default.
Dublin/Alameda Development Agreement Page 20 of 29
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25t79~
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Section 27.3 No Damages Against CITY. In no event shall
damages be awarded against CITY upon an event of default or upon ternunation of
this Agreement.
Section 28. Es~ogpel Certificate.
Either party may, at any time, and firom 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 oraliy or in writing, or i£ so
amended, identifying the amendments, and (c) to the knowledge of the certifying
party the requesting party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe therein the nature and amount of any
such defaults. A party receiving a request hereunder shall execute and return such
certificate within thirty (30) days following the receipt thereof, or such longer period
as nnay reasonably be agreed to by the parties. City Manager of City shall be
authorized to execute any certificate requested by DEVELOPER Should the party
receiving the ~equest not e~cecute and retum such certificate within the applicable
period, this shall not be deemed to be a default.
Section 29. Mortgagee Protection- Certain R.ig~its of ire.
Section 29.1 Mortg~gee Pzotectign. This Agreement shall be
superior and senior to any lien placed upon the Areas A E and/or Areas F-H 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 ali the terms and conditions contained in this
Agreement shall be binding upon and effective against any person or entity, including
any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the
Axeas A-E and/or ,Areas F-H Pzoperty, or any portion thereof, by foreclosure, trustee's
sale, deed in lieu of foreclosure, or otherwise.
Section 292 Mortgag.eg~Tot Obligated. Notwithstanding the
provisions of Section 29.1 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 coznplete 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, dedi~ation, improvements or other exaction or
Dublin/Alameda Development Agreement Page 21 of 29
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imposition; provided, however, that a Mortgagee shall z~ot be entitled to devate the
Areas A-E and/or Areas F-H Property to any uses or to constn.tct any improvements
thereon other than those uses or improvements provided for or authorized by the
Areas A-E Project Approvals or by this Agreement.
Section 29.3 Notice of Default to Mortga~ee and Extension of
Right to Cure. If CITY receives notice from a Mortgagee requesting a copy of any
notice of default given DEVELOPER hereunder and specifying the address for service
thezeof, then CITY shall deliver to such Mortgagee, concurrently with service thereon
to DEVELOPER, any notice given to DEVELOPER with respect to any clairzri by
CITY that DEVELOPER has committed an event of default. Each Mortgagee shall
have the right during the same period available to DEVELOPER to cure or remedy,
or to commence to cure or remedy, the event of default claimed set forth in the
CITY's notice. CITY, through its City Manager, may extend the thirty-day cure
period pzovided in paragraph 23.7 for not ~nore than an additional sixty (60) days
upon request of DEVELOPER or a Martgagee.
Section 30. SeverabilT.
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.
Section 31. Attomevs' Fees and Costs.
~
If CITY or DEVELOT'ER 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 equ~ity to challenge the validity of
any provision of this Agreement, the Areas A-E Project Approvals, the Areas F-H
Project or CITY's actions pursuant to this agreement, the parties shall cooperate in
defending such action. DEVELOPER shall beaz its own costs of defense as a real
party in interest in any such action, and shall reimburse CITY for all reasonable court
costs and attomeys' fees e~cpended by CITY in defense of any such action or other
proceeding and for any attorney's fees and costs awarded to a party to be paid by
CITY.
Dublin/Alameda Development Agreement Page 22 of 29
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99251 790 ~~~ ~~)
Section 32. Transfezs and Assignments.
Section 32.1 Right to Assign. It is anticipated that DEVELOPER
will sell, transfer or assign portions of the Property to other developers (each such
other developer is referred to as a"Transferee"). In connection with any such sale,
transfez 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: a) 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 shall be for the
purpose of assuring CITY that the proposed transferee can perform DEVELOPER's
obligations hereunder), which approval shall not be unreasonably withheld or
delayed; and b) DEVELOPER may not tzansfer, sell or assign its obligation to
construct or finance construction of, any of' the "backbozie infrastructure" described in
Section 12 unless all of the "backbone infrastructure" proposed for assigz-ment is all of
the backbone infrastzucture required in conjunction with a master tentative map
pursuant to Section 13..
Section 32.2 ~~nroval~ and Notice of Sale Transfer or
Ass~ ent. T'he City Manger shall consider and decide on any transfer, sale or
assignment witlun ten (10) working days after DEVELOPER's notice, provided all
necessary documents, certifications and other infozmation showing the proposed
transferee can perfoz7m DEVELOPER's obligations are first provided to the City
Manager. Notice of any such approved sale, transfer or assignment (which includes a
description of all rights, interests and obligations that have been tzansferred 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
surh sale, transfer or assignment.
Section 32.3 Effe of Sale. Tr~nsf~ or Assig,~ent.
DEVELOPER shall be released from any obligatians hereunder sold, transferred or
assigned to a Transferee pursuant to subparagraph 32.1 of this Agreement, provided
that: a) such sale, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 32.1 of this Agreezx-ent; and b} such obligations are
expressly assumed by Transferee; provided further in no event shall DEVELOPER be
released from its obligation to coz~struct or finance construction of, any of the
"backbone infrastructure" described in Section 12 unless all of the "backbone
infrastructure" proposed for assigrunent is all of the backbone infrastructure required
Dublin/Alameda Development Agreement Page 23 of 29
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, , y 99~5 I l90 a~~j ~~)
in conjunction with a master tentative map pursuant to Section 13; and provided
further that Transferee shall be subject to all the provisions hereof and shall provide
all necessary documents, certifications and other necessary information prior to City
Manager approval pursuant to subparagraph 32. ] of this Agreement.
Section 32.4 Permitted Transfe~, Purchase or Assignment. The
sale or other transfer of any interest in the Property to a purchaser ("Purchaser")
pursuant to the exercise of any right or remedy under a deed of tn~st encumbering
DEVELOPER'S interest in the Property shall not require City Manager approval
pursuant to the grovision of pazagraph 32.1. Any subsequent transfez, sale or
assignment by the Purchaser to a subsequent trans£eree, purchaser, or assignee shall
be subject to the provisions of paragraph 32.1.
Section 32.5 Terrninatiqn of ~eezxient U~or~ Sale of Individual
L,Qts to Public. Notwithstanding any provisions of this Agreement to the contrary,
the burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individualiy (i.e. only one dwelling unit is anticipated to be
constructed on such lot) leased or sold (i.e. not in "bulk") to a custom homebuilder or
person intending to construct his or her own home on such lot; provided, however,
that: a) the benefits of this Agreement shall continue to run as to any such lot until
occupancy of the building to be constructed thereon; and b) the DEVELOPER's
obligation to construct the "backbone infrastructure" shall continue until the such
in£rastructure has been completed and accepted by the CITY.
Section 33. A~reement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in this
Agreement shall be binding upon the parties and their respective heirs, successors and
assignees, representatives, lessees, and all other persons acquiring the Aseas A-E
Property or Areas F-H Property, or any portion thereof, or any interest thezein,
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 ninning with the land pursuant to applicable laws, induding, but not
limited to, Section I468 of the Civil Code of the State of California. Ea~h covenant
to do, or refrain from doing, some act on the Areas A-E Property or Areas F-H
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 benefzt to and a burden upon
Dublin/Alameda Development Agreement t'age 24 of 29
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each party and 'zts property hereunder and each other person succeeding to an interest
in such properties.
Section 34. Bankru~~.
1fie obligations of this Agreement shall not be dischargeable in
bankruptcy.
Section 35. Indernnification.
DEVELOPER agrees to indemnify, defend and hoId harniless 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 inact.ions by the DEVELOPER, or any actions
or inactions of DEVELOPER's contractors, subcontractors, agents, or employees in
connection with the construction, improvement, operation, or maintenance of the
.Areas A-E and/or the Areas F-H Project, provided that DEVELOPER shall have no
indemnification obligation with respect to negligence or wtongful conduct of CITY,
its contractors, subcontractors, agents or employees or with respect to the
maintenance, use or condition of any improvement after the time it has been
dedicated to and accepted by the CITY or another public entity (except as provided
in an improvement agreernent or maintenance bond).
Section 36. Insurance.
Section 36.1 Public Liabilitv and Pzo~ert,y Damage Insurance. At
all times that DEVELOPER is constructing any improvements that will be~ome
public improvements, DEVELOPER shall maintain in effect a policy of
comprehensive general liability insurance with a per-occunence combined single limit
of not less than one million dollars ($1,000,000.00) and a deductible of not more
than ten thousand dollars ($10,000.00) per daim. The policy so maintained by
DEVELOPER shall name the CITY as an additional insured and shall include either a
severability of interest dause or cross-liability endorsement.
Section 36.2 Workers Comgensat~Q~ nsurance. At all times that
DEVELOPER is constructing any improveinents that will become public
improvements DEVELOPER shall maintain Wozker's Compensation insurance for all
persons empIoyed by DEVELOPER for work at the Areas A E and/or Areas F-H
Dublin/Alameda Development Agreement Page 25 of 29
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99251790
Pzoject site or for work performed pursuant to this Agreement. DEVELOPER shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indemnify the City Eor any damage resulting fxom DEVELOPER's failure to maintain
any such insurance.
Section 36.3 Evidence of Insurance. Prior to commencement of
construction of any improvements which will become public improvements,
DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in
Sections 36_ 1 and 36.2 and evidence that the carrier is zequired to give the CITY at
least fifteen days prior written notice of the cancellation or reduction in coverage o~ a
policy. The insurance shall extend to the CITY, its elective and appointive boards,
commissions, officers, agents, employees and representatives and to DEVELOPER
per£orming work on the Areas A-E and/or A.reas P-H Property and pursuant to this
Agreement.
Section 37. Sewer and Water.
DEVEL~PER acknowledges that it must obtain water and sewer permits
from the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of CITY.
Section 38. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPEft shall be addressed as
fallows:
The Lin Family
do Ted Fairfield
5510 Sunol Boulevard, Suite B
P.O. Box 1148
3~~~ ~~
Dublin/Alameda Development Agreement 1'age 26 of 29
fox Dublin Ranch Project March 25, 1999
9925(790
Pleasanton, CA 94566
~th ~opy to:
Martin W. Inderbitzen
55I0 Sunol Boulevard, Suite A
Pleasanton CA 94566
A party may change address by giving notice in writing to the other party and
thereafter all notices shall be addzessed 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 shali be deemed given upon verification of receipt.
Section 39. .A~reement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of
the parties.
Section 40. Exhibits.
The following documents are referred to in this Agreernent and are
attached hereto and incorporated herein as though set forth in full:
Ex ibit A-1
xhi it C
F.xhibit D
Exhibi
Exhibit F
Dublin/Alameda Development Agreennent
for Dublin Ranch Project
Legal Description of Areas A E Property
Legal Description of Areas F-H Property
FiL;ure 1-2B (General Plan)
Figure 4.1 (Specific Plan)
Backbone Infrastructure
Description of Wallis Property
Description of Potential Remnant Parcel
Narth of Gleason Drive
Page 27 of 29
March 25, 1999
~~ ~~~ ~~~
9sz~ ~ ~~o ~3~~, ~'~~
Section 41. Counter~arts.
This Agzeement is executed in three (3) duplicate oziginals, each of
wk~ich is deemed to be an original.
Section 42. ~Zecordation.
CITY shall record a copy of this Agreement within ten days following
execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Ag~reement to
be executed as of the date and year first above written.
CITY OF DUBLIN:
By: ~1 ~~~" Date: Co ~.`~ ~
Guy . Houston, Mayor
ATTEST:
By. ~ C'~ Date: ~ ~. 9
Kay , City lerk
Approved as to Form:
i~G':G~ ~. ~~
Elizabeth H. Silver, City Attorney
DEVELOPER:
~~ ~
Date: ~`J r-
Chang Su- in
(also kno s Jennifer Lin)
Dublin/Alameda Development Agreement Page 28 of 29
for Dublin Ranch Project March 25, 1999
----r-- Date:
o ien Lin
{also known as Frederich or Frede ' in)
Date:
H ng Yao
(also lcnown as I~evin Lin)
Approved as to Fozm:
/.~~~~'/~~l~ t:/'~
Marty Inderbitzen
Attorney for Lin Family
EHS:rja
J:\WPDVv(NRSW~l 14\103WGREEW EV-AGR.325
Dublin/Alameda Development Agreement
for Dublin Ranch Project
9925f790
~-~l9
--~
~o'! ' / ~
Page 29 of 29
March 25, 1999
~ ~
~ ~
ce~~FORNIA 4LL-PURPOSE ACKNOWLEDGMENT
~c-~,NoT~~y ~Gc
ne antl Title Officer (e.g-. "Jane Doe, Notary Public )
t ^
, ;.b
~~ ;
r
State of
County of ~~x_u/I Y(X ~~
~/Y(~Q ~ 999 before me,
On
Date ` /
personaf y appeared ~~( y
Sianer's Name:
~ personally known to me - OR -^ proved to me on the basis of satisfactory evidence to be the person(~~'j
whose name,Fs`f is/~subscribed to the within instrument
and acknowledged to me that he/~/~y executed the
same in his~j~fr authorized capacity~jes'~ and that by
his/p~F/~r signature~a'~on the instrument the person;Ea'r~
~ FCAY KECK ; or the entity upon behalf of which the person~acted,
V ~~;~~ ~~77326t executed the instrument.
~ . '~ I:OTMW ~`ti.^•LIC CALIFONNU~
~ ~~': "}p COUNTY r
G~M.,, ~;,p Nov e,~~~ WITNESS my ha d and official seat.
~
wre ot a Public
OPTIONAL
Though the information below is not required by faw, it may prove val~ab/e fo persons retying on the documenf and could prevent
fraudulent removal and reattac ment ol this form to nother document
Description of Attach d Document ~~'G~'~`~-~ ~C~ix~ ~~ ~i Ci~,
~ ~ ~
Title or Type of Document:
Document Date: ~ Number f Pages: ~
~I ~ _ _ „ ~S , . h ~,E~, ~ . . ~fT ., ~i ~..., _ ~, __ .
Signer(s) Other Than Named
Capaci#y(ies) laimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer
Title(s):
^ Partner - O Limited
^ Attorney-in-Fact
^ T t
^ General
rus ee
O Guardian or Conservator .
^ ~ihef: Top ot thumb here
S' ner Es Representing:
9925!?90
~~~~~~
^ Indivi al
^ Corpora Officer
Title(s):
O Partner -^ L ited O General
^ Attorney-in-Fact
~ Trustee
^ Guardian or Conservat
^ Other:
Signer Is Representing:
6 1995 NaOOnal Notary AssoQa~ion • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7t 84 Prod. No. 5907 Keoraer. can ioa-rree i ww-oio-ooci
9925I790 ~b~ ~~
0
s )
~ SS
_~
On June l, 1999
before me, a Notary Public,
personaliy appeared L~ ~~, ~"~; LIN, HON~-LIII3 & LIN, HONG XAC}--
personally known to me {or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/hez/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, e.~cecuted
the instrument.
WITNESS my hand and official seal.
~ ~ ~U;~~ ..,c-E
NOTARY PUBLIC
~ ---
Cicv ~~# Tai~~ S S
American Institue in
Taiwan. Taipei Offico
r._.a-i s~, ~~~^^.kle.r ~
,,-,., _ , ~
,
-._ _. ... _ _ ~3~ _~C_R~
. ...-.' ^L,.>~.:.r~e?.
_ _.__.._~y 7, 2Q02
, . -- .
EXHIBIT "A-1"
PAGEIOF3
992517~0
16034-20
2/19/99
F.C.I.
DESCRIPTION OF "A12EAS A THROUGH E PROPEI2TY" OF DEVELOPMEIVT AGREEMENT
PARCEL 1
BEING ALL OF THAT CERTAW PARCEL OF LAND iCNOWN AS: "RESULTANT REMAINDER NO. I" OF LOT LiNE
ADJUSTMENT "L-98-03", AS RECORI)ED ON THE 23RD DAY OF OCTOBER, L998 IN SHRIES NO. 98-371712,
ALAMEDA COL3NTY RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMENT, "AItEAS A THROUGH E
PROPERTY" - PARCEL 1(PORTEON TO BE DEVELOPED), LYING AND BEfNG IN Ti-~ CITY OF DUBLFN, C~UNTY OF
ALAMEDA, STATE OF CAL~~ItNIA.
PORTIONS OF ASSFSSOR'S PARCEL NUMBERS: 985-0002-003-02 AND 985-0003-043-04.
END OF DESCR[PTION - PARCEL I
PARCEL 2
BEING ALL OF THAT CHRTAIN PARCEL OF LA~fD KNOWN AS: "DESIGNATED REMAINDBR AREA ND. 2" OF THAT
CERTATN F[NAL MAP ENTITE.ED: "TRACT 6925". AS RF.CORDED ON TI~ 16~" DAY OF JULY, 199,8 IN BOOK 241 OF
MAPS.AT PAGES 39 TO 52, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMEMf AGREEMEIVT,
"AREAS A THROUGFi E PI20PERTY" - PARCEL 2(PORTION TO BS DEVEtAPED), LYING AND BEING IN THE CITX
OF DUBLIN, COUN'FY OF ALAMEDA, STATE OF CAL~ORNTA.
PORTION OF ASSESSOR'S PARCEL NUMBER: 985-0003-003-08.
END OF DF,SCRIPTIOI~I - PARCBL 2
PARCEL3
BEING ALL OP THAT CERTAIN PARCEL OF LA1dD KNOWN AS: "DES(GNATED REMAINDER AREA NO. 3"
jCONS15T[NG Of~ 4-LEGAL PARCEI,S: (I) RE: 2658, INI: 347; (Z) itE: 2658. IM: 353: (3) RE: 2G70, [M: ZOB; AI1D A PORT[ON OF (4)
RE: 2713, [M: 703] OF THAT CERTAIN FINAL MAP ENTTFLED: "TR.4CT 6925". AS RECORDED ON TI-~ 1G~ DAY OF
JULY. 1998 IN BOOK 241 OF MAP3 AT PAGES 39 TO 52, AI,AMEDA COUN'I'Y RECORDS, FOR PURP03ES OF A
DEVELOPMENT AGREEA4ENT, "AREAS A THROUGH E PROPERTY'' ~ PARCEL 3(PORTION TO BE DEVEtAPED),
LYING AND BEWG IN TI-~E CTI'Y OF DUBLIN, COUNTY OF AI.AIvIEDA, 3TATE OF CAL~ORNlA.
ALL OF ASSESSOR'S PARCEL NUMSERS: 985-0007-002-06, 985-0007-002-07, AND 985-0007-002-08;
AND A PORT[ON OF ASSESSOR'S PARCEL NUMBER: 985-0007-002-09.
END OF DESCRIPTION - PARCEL 3
PARCEL 4
BEING AL.L OF THAT CBRTAIN PARCEL OF LAND KNOWN AS: "DESIGNAT,ED REMAINDER AREA NO. 4" OF THAT
CF~RTAIN FINAL MAP EN"f TTLED: "TRAGT 6925 ". AS RECORDED ON THE 16'~ DAY OF IULY, L998 IN BOOK 24 t OF
MAPS AT PAGES 39 TO 52, AI.AMEDA COUNTY RECORDS, FOR PURPOSFS OF A A,EVELOPMENT AGREEMENT,
~AREAS A THROUGIi E PItOPERTY" - PARCEL 4(POitTlOt~[ TO BE DEVEI.OPED), LXING AND BETNG IN THE CTTY
OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORMA
AND A PORTION OF ASSESSOR'S PAKCEL NUMBERS: 985-0006-OQ7 AND 985-000G-008.
END OF DESCRIPTIOK - PARCEG 4
MACKAY& SOMPS
5,~~~~8 ~.~~ _
~~~~
3`1 ~ ~'~~
r:,~,~„bm.-xn.pa~.,eyaa
~ - . 9925IT90
. ~ . ., .
~ EXHIBIT "A-1" 16034-20
PAGE 2 OF 3 2/ 19/94
F.C.I_
PARCEL 5
BEiNG ALL OF THAT CERTAIN PARCEL OF LAND CO[dVEYED TO: "CHANG SU-O LIN, ET AL", AS RECORDED ON
THE 3ls` DAY OF JULY, t985 IN SERIES NO. 85-150494, ALAMEDA COUNTY RECORDS, FOR PURPOSES O~ A
DEVELOPMEMT AGREEMENT, "AREAS A THROUGH E PROPERTY" - PARCE,G 5(PORT[ON TQ BE ~EVELOPED).
LYWG AND BEIAiG IN THE CITY OF DVBLIN. COUNTY OF ALAMEDA, STATE OF CALI~OIWIA.
ALL OF ASSESSOR'S PARCEL NUMBER: 985-0006-001.
END OF DFSCRIP'['[ON - PARCEL 5
PARCEL 6
BEING ALL OF THAT CERTAIII PARCEL OF LAND KNOWN AS_ "LOT 1" OF LOT LINE ADJUSTIv~NT "L-96-01 ",
AS RECORDED ON THE 15~' DAY OP MAY, 1997 IN SERFES NO. 97-122371. ALAMEDA COUNTY RECORDS, FOR
PURPOSES OF A DEVELOPMENT AGREEMENT, "AREAS A THROUGH E PROPERTY" - PARCEL 6(PORTION TO
BE DEVE[APED), LYIAIG AND BEING IN THE CITY OF DUBLIN, COLJNTY OF ALAMEDA, STATE OF CALIFORMA.
ALL OF ASSESSOR'S PARCEL NUMBERS: 985-0002-003-01.
END OF DESCRIPTION ~ PARCEL 6
PARCBL 7
BEING ALL OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN: "EXHIBIT 'A-2 "' OF BOUNDARY ADJUSTMENT
"8A 9i-25", AS RECORDED ON THE 19~"i DAX OF NOVEMBER, 1992 IN SERIES NO_ 92-376221, AI.,AMEDA COUNTY
RECORDS, FOR PURPOSES OF A DEVGLOPMENT ACREEMETVT, "ARGAS A TIiROUGH E YROPERTY" - PARCEL
7(PORTION TO ¢E DEVGLOPED), LYING AND BEING W THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA_
ALL OF ASSES30R'S PARCEL NUMBER: 98S-OOQ7-002-15.
END OE DESCRIPT[ON - PARCEL 7
PARCEG 8
BEING ALL OF THAT CERTAIN PARCEL OF LAI~ID KNOWN AS: "PARCEL 'O"' OF THAT CERTAIN FINAL MAP
ENTITI.ED: "TRAGT 6925", AS RECORDED ON THE 16"' DAY OF JULY, 1998 TN BOOK 241 OF MAPS AT PAGES 39
TO 52, ALAMEDA COUM'Y RECORDS, FOR PUIZPOSES OF A DEVELOPMEIYT AGREEMENT, "AREAS A
THROUGH E PROPERTY" - PARCEL 8(PORTION TO BE DEVELOPED), LYTNG AND BEING IN Tf~ CTTY OF DUBLIN,
COUN1'Y OF ALAMEDA, STATE OF CALIFORNIA.
A PORT[ON OF ASSESSOR'S PARCEL NUMBERS: 985-0003-003-08. ~E~~ON/j~
END OF DESCRIPTION - PARCEL 8 Qc~~ G, (100G S
• ~p ~~V '4~ G~~
PREP BY: w ~ ~ ~
U ~
~ ~~ 7 EXP(RES: ~
FRED C. TNG , Li SED ATE 12-31-2000
PR(1FESSIONAL LAND SURVEYOR NO. 5859 ~, ~p. 5$$9 ~~•
sT~ E o C~iFORNIA ~qlF OF CA~~F~~~
MACI(AY & SOI~PS
Sr~~.~,~.~e ~~,~ .
(su):zs-as~n
r:~~,~~aro+-an~pe.t~ar.aar
~~~l~ ~ i~
b
~~ , ~~ . Dublin Ranch
velo ment A reement Exhib~t
De
p g AREAS A THROUGH E
99~5 ! ?90 ~/ ~ ~~
"A-1 ", Page 3 of 3
Phase One ~ YAKC.~li.G ~ Hred ~
'. ! ~ . (5 Aaes)
:
(not included) .
~
,
:Area.;E' - - -
-
S.
PARCEL 8 ~PARCEL 4 ';
Area F ; : _ : , .
~'~e~ 8:
:
{2] ~ Ac;nes~
P.Y. Lin
Area G
.:: :
PAY.RC~?I.. S;
.
Area H :
.
~~~1
N ..__ ..:.~ .......:..:..... : ;
N.T.S. Uevelopment Agreement Boundary
. ~D a~
~
- _ 9925l79~
1
' ~ ~ ` ~ EXHIBIT "A-2" 1b034-24
PAGE i OF 2 2/18/99
F_C_I.
DF.SCItIPTION OF "AREAS F THROUGfi H PROPERTY" OF DEVELOPMENT AGREEMENT
PARCEL I
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWAT AS: "RESULTANT PARCEL 1" OF LOT LII~E
ADJUSTMENT "L-97-OS", AS RECORDED ON TFiE 6~ DAY OF JANUARY. 1998 IN SERIES I~IO. 98-003938,
ALAMEDA COUNTY RECORDS, AS SHOWN UPON THAT CERTAIN RECORD OF SURVEY NO. 1562 AS ETLED ON
THE 4"~ DAY SEPTEMBER, I998, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT
AGREEMENT, "AREAS F THROUGH H PROPERTY" - PARCEL 1(PORT[ON To BE DEVELOPED), LXING AND BEING
IN THE CITY OF DCJBLIN, COUNI'Y OF ALAMEDA, STATE OF CALIFORNIA.
PORTTONS OF ASSESSOR'S PARCEL NUMBERS: 985-OOQS-001 APID 985-0005-002.
ENA OF DFSCRIPTION - PARCEL 1
PARCEL 2
BEING ALL OF THAT CERTAIN PARCEL OF LAI~iD KNOWN AS: "RESULTAM PARCEL 2" OF LOT LINE
ADJUSTIviENT "L-97-OS", AS RECORDED ON THE 6~" DAY OF JAMJARY, 1998 Iid SERIES NO. 98-003938.
ALAMEDA COUNTY RECORDS. AS SHOWN UPON THAT CERTAIN RECORD OF SURVEY NO. IS62 AS FILED ON
THE 4'N DAY SEPTEMBER, 1998, ALA1v1EDA C~UNTY RLCORDS, FOR PURPOSES OF A DEVELOPMENT
AGREEMENT, "AEtEAS F THROYJGFI H PROPERTY" - PARCEL 1(PORT30N TO BE DEVEIAPED), LYING AND BEING
IN THE CTfY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CAI.IFORNIA.
PORTIONS OF AS3FS30R'S PARCEL NUMBERS: 985-0005-001 AND 985-OOQS-002.
END OF D~SCRIPTION - PARCEL Z
o~~SS10 Nq( ~H
QQ~ ~,. ~IVQ D
_ ~O ~~ G~'r,
~
c.~i o
~ EXPIRES: ~
12-31-2000
~, ~l0.5859 ~~Q.
9~OF CA1.~F0~
PREP D •
~~ ~ /8 °l9
FRF.D C. ING , LTCENSED AT~
PROFESSIONAL LAND SURVEYOR NO. 5859 ----•
(EXP. 12131/2000)
SCATE OF CALIFORNIA
l~ACKAY & SOMPS
5f~2 fRANK1JN DRfVE. SW7E B PLEASANTON. G191588+?355
nu~ us.o6po
r.~4~.~ica+r-m~pe ~a yi.a«
. ~fj~ ~~
~ : Dubiin Ranch 992~r79~
D~eve(o rnenf A reement Exhibit "A-2", Page 2 of 2
p g AREAS F THROUGH H
N
N.T.~
wvcrt~nCni r~cc+,tent Bound3fY
. ~-•--~~"~
' ~ ~ Generel Plan
~ -Eastem Extended Plannirtg Area
+Geneni Conrnertlai maY be Pm^~eC bY s Plamed D~tt ZaY9 Prx-is (see [ext lor fmGlero dsaatilon ) ' .
f~~t N2 Com'M lo FuVe Sa+aY Arla/A9~~ whNe tletarR~eC hca~cterK wil~ APA 45sa tett b' mrplne dRamfdl)
tJrND USE MAP
Le9~nd
COMNERC~AI
~ NeiqfC~d ~~Gial
~ GMeraf Commercul
x~ Caaous OtKe
~ hWSl~al Pa~7c
RESDENiw~
HipN Dans~Y
~ 25-d/ac
~-~1
MetliirtrM9h Densny
~
-.~ ~<-25 A/at
~
-1
~_-,J MedixnDensilY 6•iapYec
~ Low pensiry O5 a/xc
~ Rw~l Resitlent~aYAqncUw: e i cL/~00 ac
PUBUG SEMFPUBLIC/OPEN
~ PuC~USefn-Pub~C Fic51r
~ c~*1enlafy $G~Od
~ ,wnior H~qn SCfwN
~ Hioh Sc~od
Q Puptc15erri-Pubk
~~~ 7arks 6 Aeaealion
QQ Ciry Park
~ Comma:av Pan~
Q Nsq~~Wh~od Pi~k
.T,~.~,~,~, Neynbahood Sware
~Q Ocen Soace
~ Stre+m CorriEOr
CIRCUUTION
---~ Meriai Svee~
---- Cokctor Sveet
•.••••••• Trxst 50~'s
__~ soi eo~naary
--- Gw~ery Plan Mr~+dncm Sudy nrea
- so.arc Fw, saar aw
EASTERN ".y'°,,°°'
DUBLIN
Wuao~ nox.,. s Todd ~ 1-z-H
~
... ~
. b.~ N
C.JI
+ N~r W
L.f~r`~ J
~
~
~
~'
~` ,
V
- ~ ~,'~-~.~r,;,..,!~' '_.- _ ' •-" Fgure 4.1 ~
- ~~ __ ,;- _~ `' ~:~° -:, ` ~ ~ • ~= ~ ~, .~ ~; `~' Land~ Use Map
` ' ~..~ '~' '~. !` ~ ~l ~ ~~ r i~
~ 'K'n `' . /~ 'I f ~'`~ ~: .' ~ ~ ~_ ^ ,J- ~ ~ . ~ -.. Legend ~
i f' i'^<~' _ - - ~ ~~ ~ „ - ~ ~ € -
• ~ ~ -~!% _ .. ' i ~r. ` . :'~ .\~( _ ~ { ~ Roads
,.~ _ _~ '.' ~ . .""~ ''t.__ . --° RESIDENT~Ak.
-__•, ' ~*~,~r,t . Y J~ _,,:- ;~ ~ '_~-= ` ,-- i~ _ ~- Rural Residential/
. ' ~I ~ A .Ot du/ac
.'~ .s . :;S__ ,• • _ . ~ __ _
: - ~ y= , ` ~'.. - - 9riculture
, -~ : :~_. _ 'i .__ ~~ 'r~ _ Sin91e Famity 0.9-6.0 du/ac
f I /~ 1, ~~` ..p-' I./ 1. _' r .
...;~~',' ~ r' .I. .- ~i j ~ ~^~7 'Densit 6.1-74.0 Qu/ac
' ~~ _~. - ''f:'~ ./ ,IJ ..i - _ , ` ••1::~:~:1 ~Medium Y
,~[.',:.:
~~ `w~•: : :-~~ ~ ' ~ ~ ' 74.7-25.0 du/a~
.~` 1 ; ~ ~1 - - . ` ~ ~'. ' . ~- 1 '' ~i ,i~- ~ Med-HiDansity
~~ ~ y `~ ~'~-.~ -'F;;:::I~ ~ ~ _~~ ~ !~ ~
~/ ~ ~ -- `. i~:ri ~ ~, j~• :F ~ ~ ~1 ~. - - - ~HighOensiry ~25.7 dWac
,..-' , ' _ . -~` Ei.~ } .,.. , \ . _ ;-
I ' ' '~~r•t".,',: '';:~.''`%:``.t'::•"~ t` I~ ~ --• ' GOMMERCIAL/INDUSTFIAL
., _ / Vr4Y~-~:~. .. •~~ ,~' •' \" `` '. - ' ~ ~ General Commercial
i . •• : ~ ~ -
- I . ...: ' .;;, . ,
fj ~ j ~ ~~ ~! ~ Neighborhootl Commercial
, ~"~~y..- _ ~. . ~ - /:~ ~ ..~ , ~~, . . ' CamDUS Olfice
~ ~_ `,y ' } L` ! ~ ~
~ F .,:K: f ; ~ • ~~• • `~ •- ~ -- ~ Industrial Park
~ i ~" .~~ -
~ ~ 1 ~ !'~ • ~ : ,. ~ , ~ ~ , ~ ' ~ ~~ PUBLIC/SEMI-PUBUC
~: /~•••~'. •~~ ~~ ~ ~ , _ ~ Public/'$emi-Public
. f •: ~ , ~ . ' ~
~-.,• , ;:.: ~~ ~ ! ... _. E~ Elememary Schoof
~ ` , •:: ~ ~ , . ~ ~ ~~;:~ • ~ '~ JR Junior High Schoot
,~_...:~. ..r
',.. . . . '; ...~!r
~'~''"' ~ ~ ~~ ~~ ~ ~ ~ HS High School
i :, ' \
,-'. . ~.r , , .~~...~ ` - . .
' [ i' ~,+ ''~\ ;\~ PARKS AND OPEN SPACE
, ~n~ F..`'` ' ' ' '
r :
!4f•~ JR '~,i. . .. ~.i ~~EL,'~`;~':::.... i L-- .. .. _ . ~. Q NeighborhoodS4uare
.., .~ . o-.. r ~ .~~.
' r~rr.+;x~:r.a~~eee~~r~•ti~rrertr.~Y;' ` y?~ ~ ',-:-'.; .' / . ~ ' , .~'~.'~~". Neighbofhood Park
(":. ;.... fIS ~..:. ~~ ~ ~ , /' - ._ ~ Community Park
- w:.~::.~ :• ::::v:
tt•: :i~,~ .
..14.,n
~ N . .
.}~'s
,~
i ~. -
::Y .
. ~:~•:.. ...~ ~ P r
'~:<+lH~Do-'9QP}: . .
- .
k
it a
C
Y
0
,.~~~:: ... _
i:~
..3 !
ace
.';:u; i+ ~
nS
e
o v
~•. ~ti~:
•:~ P
.~ ~`' -
.x.~ ' -
`r:r~
; ~.;.t.t~t ~. ~',i ~';: ~.::`'.:.
1'
_ ~ ;a::'z''•~`'~:~:.^,;'~.: EL , .>,a.-.
f ~ ;~~..:;- •. : ' ~ -
, "~~.. EL ''%.4.'i;. ~-'.`~•, , / ~ EASTERN DUBLfN
., i El' `v•'' `JR ~a+~: k ~'••~
~'^ , `y ~:' ~ c - x:,4 ~i~ . ~ i
~ R .~: :;~; :;{: ~~,y< f , ~;~ ~.,~ ~. ,l' _ .::.~..y~ '' . ., .. Specific Plan
°a X~ `•:. ~` ~ ~~ ; ;3;~,4,,,~ ' ~~r~'Tx ' • ~ ~ ` Wallace Roberts sTodd
`• . ' ~y ; -.,
;'•r, .' -• 's. • ~:::.; .. ,,,• ~%:;' '•t~ :''^1 ' !'^ a~.:. ~3; ue.~wr~w.a...~n.,.~,
• •'y;•.,:;;~.t>..•. ;°'13'i~;::::.>•: ~. ..~lA:'^:'':=.a:•f.'.'::;_•: ^:
. .. ... :... ~
.o:..~ F';'~ ,i~sm.~sv«c~nroa ~
_ ro
d _ ~ ' s.~r.+~.w.us.ios
- _._.'' .' ~ (ns7 snqew ~
, +I Kw NOTE: The irdemal sYstem d B ,.• ~~ ~
. . - ~J 5lroets shown in ""'-
. : • .. . . Ilwa figure is ~ ~.J
~C General Commercial may be pe~mitted by a Planned Development Zonfng Process [see text for complete discussion3 ~~~,BOny. ... ~
~~ Will convert to Future Study Area/Agriculture where determined inconsistant with Livermore APA (see text for complete d3scussion)~'"~ O
. ~>
~
~
~ti
\.~
:;;.,
EXHIBR' "D"
A.
B.
C.
D.
E.
99~5I790 ~~`~ 1p
~
BACK80NEINFRA5TRUCTURE
DUBLIN RANCN (LANDS OF LlN), DUBLIN, CALIFORNfA
The construction and/or acquisition of improvements for:
1. Dublin Boulevard from Tassajara Road to Fallon Road (four lanes).
2_ Ceniral Parkway from Tassajara Road to 3500 feet Easteriy {two lanes)_
3. Gfeason Drive from Tassajara Road to reaiigned Fallon Road (two ianes).
4. New Fallon Road from Gleason Drive to the North end of existing Fallon Road -
approximately y700 feet (two lanes).
5. Fallon Road from I-580 to 400 feet North of Dublin Boulevard (Roadway widening
and reconstruction with new improvements on the Westerly side).
6_ Fallon Road from 400 feet North of Dublin Boulevard to 3200 feet North of Dublin
Boulevard (Upgrade and overlay of existing pavement).
7. Connector street, 3500 Easterly of Tassajara Road from Central f'arkway to Dublin
8oulevard (two lanes).
Including clearing, grubbing, grading, base, pavement, curbs, gutters, street monuments,
street lighting, joint trench facilities, storm drainage system, water, wastewater, recycled
water, together with appurtenances.
i`he construction and/or acquisition of interim/ultimate sform drainage improvements
including pipes, box culvert and other structures, together with appu~tenances in
accordance with an approved master stoRn drainage plan.
The acquisition of lands, easements and rights-of-way necessary to complete the
improvements described.
The advancement of Traffic lmpact Fees to facilitate I-580 interchange improvements at
Tassajara Road and at Fallon Road.
The advancement of water conneciion fees to D.S.R.S.D. to facilitate the construction of
a zone one potable waEer storage reservoir and/or the construction of a potable water
turnout from existing Zone 7 transmission faciEities.
\VvtSPSSS\ADMIN~Corp. Fams~EXHffiITSIFxhibit D's~Backbone Intreswcture [DR Lauds oC Lin].doc
.~:.. . 9~~51790
DU BLI N RANCH
DEVELQPMENT AGREEMENT EXHIBIT 'E'
" -WALLIS PROPERTY "
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FEBRUARY 19, 1899
JOB NO.16034-PO
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DUBLIN RANCH
DEVELOPMENT AGREEMENT EXHIBIT `F ~
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City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Piaza
Dublin, CA 94568
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20003357?2 11/13/Z000 0i:23 P~I
OFFICIAL RECORDS OF RECORDING FEE: 0.00
ALR11E'aA COUNTY
PATRICK O'CONNELL
li Pcs
Space above this line for Recorder's Use
SUPPLEMENTAL
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
ANll
THE LIN FAMILY
FQR TI-~ DUBLIN RANCH PROJECT
(Areas F, G, and ~
Dubiin/AEameda Supplemental Development Agreement
for Dublin Ranch Project 1
March 7, 2000
ATTACHMENT 2
~ ~~
~
This Sup le ental Development Agreement is made and entered in the CITY of Dublin
on this /~~ day of piQ /~ , 200D, by and between the CIT'Y of Dublin, a
Municipal Corporation (hereafter "CITY"), and Chang Su-O-Lin (also known as Jennifer
Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also
known as Kevin Lin), (hereafter "DEVELOPER"), pursuantto the authority af §§ 65864
et seq. of the Califomia Government Code and Dublin Municipal Code, Chapter 8.56.
RECITALS
A. California Government Code §§ 65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter "Chapter 8.56"} authorize the CITY to enter into an
Agreement for the development of real property with any person having a legal or
equitable interest in such property in order to esta.blish certain development rights in such
property.
B. DEVELOPER desires to develap and holds legal interest in certain real
property located in the CITY of Dublin, County of Alameda, State of California,
consisting of the following:
Approximately 304 acres of land (l~own as Areas F, G, a.nd H) which is more
particularly described on E~ibit A attached hereto and incorporated herein by this
reference and which real properiy is hereinafter called the "Axeas F-H Property.
C. The Area F-H Properry is subject to a Master Development Agreement
between the CITY of Dublin and the Lin Family dated June 29, 1999 and recorded in
Official Records of Alameda County on 3uly 8, 1999 as Instrument No. 99251790.
D. The Master Development Agreement, in Section 6, contemplated that
DEVELOPER would process an arnendment to the General Plan and Specific Plan land
use designations on the Areas F-H Property and seek zoning/rezoning approval for such
land uses. CITY and DEVELOPER agreed therein that they would process a
supplernental development agreement for the purpose of vesting the right to develop the
Areas F-H Property based upon such revised Iand use designations for a period equal to
the remaining term of the Master Development Agreement. This Suppiemental
Development Agreement implements that Section.
E. DEVELOPER proposes the development of the Areas F-H Properiy with a
combination of office, commercial and residential uses, (together, the "Areas F-H
Project").
Dublin/A3ameda Supplemental Development Agreement
for Dublin Ranch Project 2 March 7, 2000
~~ ~d
~
F_ DEVELOPER has applied for, and CITY has approved, variaus land use
approvals in connection with the development of ttze Areas F-H Project, including:
Genera.l Plan and Specific Plan Amendments for Areas F, G, and H respecfively
(Resolution No. 53-93) a Planned Development (PD) Rezone/Development Plan Stage 1
for Area F(~rd. No. 16-99) and Area H(Ord. No. 16-99) and a Planned Development
(PD) Rezone/Development Plan Stage 1 and 2 for Area G(Ord. No. 16-99) with
Deveiopment Plans. (collectively the "Areas F-H Project Approvais"). A rr~ap depicting
the General PIan and Specific Plan Amendments for Areas F, G, and H is attached as
Exhibit B hereto.
G. Developer intends to process Stage 2 Development Plans for Areas F and
H. Such Stage 2 Development Plans, once approved, shall become part of the Areas F-H
Proj ect Approvals.
H. The CITY Council has found that, among other things, this Supplemental
Development Agreement is consistent with its General Plan and the Eastern Dublin
Specific Plan and has been reviewed and evaluated in accordance with Chapter 8.56.
I. CITY and DEVELOPER have reached agreement and desire to express
herein a Development Agreement that will facilitate development of the Areas F-H
Project subject to conditions set forth herein.
J. Pursuant to the California Environmental Quality Act (CEQA) the CITY
adopted Negative Declarations for the Areas F-H Project and has found that the negative
declarations are adequate for this Agreement. The CITY has also found that the Areas F-
H Project is within the scape of the Final Environmental Impact Report for the Eastern
Dublin General Plan Amendment and Specific Plan ("EIR") which was certified by the
Council by Resolution No. 51-93 and the Addenda dated May 4, 1993, and August 22,
1994.
K. On April 18, 2000, the CITY Council of the CITY of Dubiin adopted
Ordinance No. I Q-99 approving this Development Agreement. The ordinance took
effect on May 18, 20Q0.
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:
Dublin/Aiameda Supplcmcntal Dcvclopmcnt Agrccmcnt
for Dublin Ranch Project 3 March 7, 2000
~~~ J ~'0
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AGREEMENT
Section 1. Descri;ption of Propertv.
The property which is the suhject of this Development Agreement is
described in Exhibit A attached hereto {the "Areas F-H Property").
Section 2. Interest of DEVELOPER.
The DEVELOPER has a legal or equitable interest in the Areas F-H
Property in that it owns the Areas F-H Property in fee simple.
Section 3. Effective Date and Term.
Section 3. i Effective Date. The effective date of this Agreement shall be
the date upon which this Agreement is signed by CITY.
Section 3.2 Term. Tbe term of this Developrnent Agreement sha11
commence on the effective date and extend until expiration of the Master Development
Agreement on June 29, 20 i 9, unless said term is otherwise terminated or modified by
circumstances set forth in this Agreement or by a Specific Plan Development Agreement,
as defined and described in Section 7 of the Master Develapment Agreement.
Section 4. Effect of Supplemental Development A reement
Section 4.1 Reiation to Master Development A~reement. Upon the
effective date of this Supplemental Development Agreement, Section 6 of the Master
Development Agreement shall terminate and shall be superseded in its entirety, by the
provisians of Section 5 hereof. Except as specificaliy provided in this Supplemental
Development Agreement, each and every term and condition of the Master Development
Agreement shall apply to the Area F-H Property as if fully incorporated herein. The
Master Development Agreement and this Supplemental Development Agreement shall
be interpreted and applied as a single consistent agreement. In the event of a conflict
between the Master Development Agreement and the Supplemental Development
Agreement, the provisions of the latter sha11 prevail.
Section 4.2 "Area F-H Pro~ect" Redefined. Any reference in the Master
Development Agreement or this Supplemental Development Agreement to the "Area F-
H Project" is hereby amended to incorporate the Area F-H Project Approvals.
Dublin/Alameda Supplemental Development Agreemcnt
for Dublin Ranch Project 4 March 7, 2000
5~b q~
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Section 4.3 Satisfaction of Section 6 of Master Develo~ment A~reement.
Upon the effective date of this Supplemental Development Agreement, CITY and
DEVELOPER sha11 have satisfied their obligations pursuant to Section 6 of the Master
Development Agreement.
Section S. Use of the Axeas F-H Property.
Section 5.1 Ri t to Devel~. DEVELOPER shall have the vested right
to develop the Areas F-H Property in accordance with the terms and conditions of this
Agreement, the Areas F-H Project Approvals, and any amendments to any of them as
shall, from time to time, be approved pwsuant to this Agreement.
Section 5.2 Permitted Uses. The permitted uses of the Areas F-H
Properry, the density and intensity of use, the height, bulk and size of praposed buildings,
general provisions for reservation or dedication of land for pubIic purposes and general
location and maintenance of on-site and off-site improvements, general locatian of public
utilities (operated by CITY) and other terms and conditions of development applicable ta
the Areas F-H Property, shall be those set forth in this Agreement, the Areas F-H Project
Approvals and any amendments to this Agreement or the Areas F-H Project Approvals.
Section 6. Ap~Iicable RulesLRe~ulations and Officiai Policies.
Section 6.1 Rules re Permitted Uses. Unless otherwise expressly
provided in Paragraph 5 of this Supplemental Development Agreement, for the term of
this Agreement, the CITY's ordinances, resolutions, rules, regalations and offcial
policies governing the permitted and conditional permitted uses of the Areas F-H
Property, governing density and intensity of use of the Areas F-H Progerty and the
maximum height, bulk and size of proposed buildings shall be those in force and effect
on the effective date of this Agreement.
Section 6.2 Rules re Desig~n and Constriiction of Pubiic Improvements.
The ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards and specifications applicable to public
improvements to be constructed by DEVELOPER shall be those in force and effect at the
time of the applicable permit approval for the public improvement.
Section 6.3 Uniform Codes A~~licable. Unless expressly provided in
Paragraph 5 of this Agreement, the Areas F-H Project shall be constructed in accordance
with the provisions of the CITY's adopted Uniform Buxlding, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to
Dublin/Alazneda Supplementai Development Agreement
for Dublin Ranch Project 5 March 7, 2000
~a~ ~~
Building Standazds, in effect at the time of approval of the appropriate building, grading,
or other construction permits for the Areas F-H Project.
Section 7. Amendment of Areas F-H Project Approvals. Section 25:5 of the
Master Development Agreement is terminated and superseded in its entirety by this
Section. Az~y amendment of Areas F-H Project Approvals relating to: (a) the permitted
use of the Areas F-H Property; (b) provision for reservation or dedication of land; (c)
condztions, terms, restrictions or requirements for subsequent discretionary actions; (d)
the density or intensity of use; (e) the maximum height or size of proposed buildings; ( fl
monetary contributions by the DEVELOPER; or (g) public improvements to be
constructed by DEVELOPER shall require an amendment of this Agreernent. Any other
amendment of the Areas F-H Project Approvals, or any of them, shall not require
amendment of this Ag~reement unless the amendment of the Areas F-H Project
Approval(s) relates specif cally to some provision of this Agreement.
~ection 8. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A
Exhibit B
Section 9. Counterparts.
Legal Description of Areas F-H Property
General Plan and Specific Plan Land Use Designations
(Areas F, G and H)
This Agreement is executed in three (3) duplicate originals, each of which
is deemed to be an original.
Section 14. Recordation.
CITY shall record a copy of this Agreement within ten days follo~ving
execution by ail parties.
Dublin/Alamcda Supplcmental Develapment Agreement
for Dublin Ranch Project 6 March 7, 2000
~3~~~ ~a
~
IlV VVZTNESS WHEREOF, the parties hereto have caused this Agreezrnent to be
executed as of the date and year first above written.
CITY OF DUBLIN:
By: Date: 8 7 O~
Guy S. ouston, Mayor
ATTES :
By: ~ C 1~ Date: ~ 7 Ov
Kay , CI lerk
Approved as to Form:
By: ~1~~~- ,~ . ~~. ~ Date: ~ L~ ~`a
Elizabeth H. Silver, City Attorney
DEVEL PER:
B ~ ~~-ti%~~~ ! Date: ~ - ~ `~ ~~ ~
Y~
Chan u-O-Lin
(alsa known as Jennifer Lin)
-~ .._~.. ~I ate: ~ ~ ~C.Ob c7
By:
~-~L' n Lin ~~
(a~~wn as~derich or
~ ~~~ YR o ~ r~l
(also known as Kevin Lin) H~
Lin)
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1 Date:
Approved as to Form:
By: ~~~.1~ (~,/ :
Martin Inderbitzen
Attorney for Lin Family
vate: 6 - 2 - ~-~
Dublin/Afameda Supplemental Devekopment Agreement
for Dublin Ranch Project 7 March 7, 2000
CALiFORN1A ALL-PURPOSE ACKNOWLEDGMENT
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whose name,,Fa~ is/~r'~ subscribed to the within instrument
and ackn~wledged to me that he/~/~executed the
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WITNESS my hand and official seaf.
' nature o N Public
OPTIONAL
Though the inlormation below rs nof required by law, it may prove valuable to persons re/ying on the documenf and could prevent
fraudulent remova! and reattachment of lhis form to another document.
Description of Attached Document ~~L~~ ~~~~ ~~~~ F~{~ hJ
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Title or Type of Document: ~~~+~~-~~~1~~-~~~ ~~LQ~/~'fEIt~T ~~
Document Da!e: ,`r R~~- ~S f~-~/Q~ Number of Pages: ~
Signer(s) 04her Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name~~y v . r! ~~s~d~
IndividuaE
Corporate Officer
Title(s):
Partner - ~ Limited ^ General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
' ner Is Represen ing:
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Signer's Name:
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Corporate Officer
Title(s):
Partner-O Limited ^ General
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Signer Is Representing:
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m t 995 Natianel Nolary Ascocietion - 8236 qemmet Ave., P.O. Box 7'184 • Canoga Park, CA 91309•7184 Prod. No_ 5907 Reortier. Call ToK•Free t-800-876~68't7
/~~~ ~ V
Certificate of Acknowledgement of Execution of an Instrument
Taiwan )
City of Taipei ) ss:
Atxxez-ican Institute in )
Taiwan )
I certify that on this 2n~ day of June, 2000 , before me personally
appeared Lin Chang, Su-o, Lin, Hong-lien and Lin, Hong Yao---
knawn to me to be the person/s described in and who executed the
annexed instrument, and acknowiedged ta me that~they executed
the same freely and voluntarily.
IN WI7'NESS WHEREOF I have
hereunto set my hand ~nd affixed
tlie official seal the day and year
last above ~vritten.
/Seal/
van Bealami
S~cciat No y (PL96-8)
T~-~ivel Scrvices Sectiosi
Aincrican Institutc in T~~i~~~~in
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~~velonmen~ A~~'eemen~ ~xhlbi~ ~ , Page 2- of -2
1 ~ ARE~S FTHROUGH H
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.~xlzibit ,~ to ~ u lemental Develo .,cen~ Agreemerl~~5`~ `'~,- j~~
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for Dublin Ranch Areas F, G, ~ H
Duoiin Ranch
Areas F, ~, & H
Land Use Plan/ General Plan & Specifc Plan Land Use Desi?nations
:or~,on_~n~yr~~~.~a
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City of Dublin
When Recorded Mail To:
~~~~~~;-
~,. ~F A~,~ 7@05455~29 1~/21/20~5 01;33 RM
o ~o OFFICIRL RECORDS OF ALRI~£DA COUN7Y
" ' PATRICK 0'CONNELL
RECOROING FEE: 0.0@
C~liIOP~ti~
58 PGS
City Clerk l~
City af Qublin . ~ q,~ - . _ . _
1p0 Civic Plaza ~
Dublin, CA g4568
Fu. walvt~ P~ ~G 2~~g3 RECEIVED
Space above this line for R~r~~ 0~~.lN
SVOV Y. 4 Z(?Q5
ClTY MANAGER'5 OFFIC£
AMENDM~NT 74 MASTER
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AN D
THE L1N FAMILY
FQR THE DU~LIN RANCH PROJECT
(Areas A, B, C, D, E, ~, G and H and "Wailis Ranch")
ATTACHMENT 3
~,
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,
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TABLE OF CONTENTS
~'~~~} ~ ~
Section 1 ....................................................................................................................................................... 3
Section 2 ... .. .............~-~--......_..,..,...,,....,....,...........,....... --..................,.,.......,....,,..... ...............,,..,.,.......,..,.. 3
Section 3.
........
Recitals ..................................................................................................... ......,............... 3
.....
Seciion 4. .........................................................................................................
........................................ 4
Section 4.1 EfFective Date ................................................................................................................. 4
Section4.2 Term .............................................................................................................................. 4
Section 5, Exempkion from Inclusionary Zoning Regufations for 2,655 Units ........................................., 4
Section 6. ~xemption from Commercial Linkage Fee .............................................................................. 5
Section 7, Park Land .....................................,.......,......_..._...._..._.........................,.,..,........._.........._........., 6
SeCtion 8. Notices ............................... .................................................................................
................ 8
Section 9. Exhibits .................................................................................................................................... 6
SeGtion 10 Counterp~rts ...................,......................._..........,.,.,,..................,.........,............---...............,... 6
SeCtion 11. Record~tion ...........................................~--..........,..,...............,.........,....__............................ 6
Section 12.
...............................
Amendment ................,.........,.,,........,...............................,....,....,........
7
Amendment to Master Table of Contents
Development Agreement for Dublin Ranch Project April 5, 2005
659198_5
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~~.
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THIS AMENDMENT TO MAST~R D~VELQPMENT AGRE~MENT is made and
ente~ed in the City pf Dublin on this ~ day of~!-Q~ 2005, by and between the CITY ~F
DUBLIN, a Municipal Corporatian (hereafter "City"), and Chang Su-O-Lin (also known
as Jenn~fer Lin), Hong Lien Lin (also known ~s Frederic or Frederich Lin) and Hong Yao
Lin (also known as Kevin Lin), (hereafter "Developer"), pursuant to the authority of §§
65864 et seq. of the California Gavemment Code and Dublin Municipal Cade, Chapter
8.56.
RECil"ALS
A. City and Developer are parties to a development ~g~eement entitled
"Master Development Agreement Between the City of Dublin and The Lin Family far the
Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)", which is dated May 18, 1999,
and was recorded on July 8, 1999 at 99259 790, which agreement was amended by the
"Supplemental Develapment Agreement Between the City of Dublin and The Lin Family
for the Dublin Ranch Project (Areas F, G and H)", which is dat~d April 18, 2p00 an~i
recorded on~November 3, 2000 at 200~335772 (hereafter together referred to as the
"Master Developrnent Agreement"); and
B. Chang Su-O-Lin ~also known as Jennifer Lin) and Hang Lien Lin (also
known ~s Frederic or Frederich Lin) and City are parties to a development agreement
entitled uDev~lopmen# Agreement 8etwesn the C,ty of Dublin and Chang Su-a-Lin and
Hang Lien LinlDublin Ran~h/Fairway Ranc~", d~ted July 15, 2D03 and recorded on
December 16, 2003 at 20Q3728503 of the official records of Alameda Caunty (hereafter
the "~airway Ranch Developrnent Agreement", a copy of which is attached hereto as
Exhibit 1 }; and
C. The Master Development Agreement is ~pplic~ble to the property in the
City general)y known as Areas A, B, C, D, E, F, G, and H and, Sectian 20 of such
agresment is applicable to, the property knawn as the "Wallis Property" or "Wallis
Ranch." Fairway R~nch Qevelopment Agreement is applicable to a portion of the
property generally known as Area B; ~nd
D. Developer has assigned all of its rights and obligatians under the Master
Development Agreement for the lands knawn as Area A and portions of Area G; and .
E. The parties desire to amend the Master Development Agreement to
est~blish Developer's compliance with the Inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68) as set forth in the Fairway Ranch Development
Agreement as to the property described in Exhibit E to the Fairway ~anch Development
Agreement, which is described in that agreement, and referred to herein, as the
"Affordable Unit Credit Properfy"; and
Amendment to Master Page 1 of 7
Development Agreement for Dublin Ranch Project April 5, 2005
659198_5
i
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F. The parties alsa desire to allow the Developer to transfer "Affordable Unit
Credits" earned urtder the Fairway Ranch Development Agreement to purchasers of all
or portions of the properry which is included within the "Affordable Unit Credit Property;
and
G. 7he parties further desire to set forth a method of documenting
compfiance with Section 17 (entitled "Park Land") of the Master Devefopmen#
Agreement; and
H. Calif~rnia Government Code §§ 65864 et seq. and Chapter 8.~6 of the
Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into an
Agreement for the development of real prop~rty with any person having a legal or
equitable interest in such property in order to establish certain developm~nt rights in
such property; and
I. DEVELOPER desires to devel4p and holds legal interest in c~rtain real
property located in the City of Dublin, Caunty of Alameda, State of California, which is
more particularly described in Exhibit 2, which real property is hereafter called the "Lin
Praperty".
J. DEVELOPER has appli~d for, and CITY has approved, various I~nd use
approvals ,in connection with the develppment of the portion of Area B which is subject
to the Fairway Ranch Develapment Agreement , including: 1) for Areas B a General
Plan and Specific Plan Amendment ~Resolution No. 140-97), a PD District rezoning
(Ordinance No. 24-97), genera! provisions for the PD District rezoning including the
Land Use and Development Plan {Resolutian No, 141-97), a Vesting Tentative Tract
Map for Tract 7453 ~Planning Commission Reso(ution No. D3-31), and a density bonus
of 186 units and Site Development Review (City Council Resolutian No. 149-03)
(collectivefy the "Fairway Ranch Project Approvals"); ~nd
K. The City Council has found that, among other things, this Amendment to
Master Developmeni Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in ~ccordance with Chapter
8.56; and
L. Pursuant to the Caiifornia Environmentai Quality Act (CEQA), the City
Council adopted Resalution No. 149-p3, finding that the Fairway Ranch Project
approvals are exempt from CEQA pursuant to Government Code §65~57. In making
such determination and determining that there are no supplemental imp~cts that would
require preparation of a Supplemental EIR for the Fairway Ranch pevelopment
Agreement orthis Agreement which is called for in the Fairway Ranch Development
Amendment to Master Page 2 of 7
Development Agreement for Dublin Ranch Project April 5, 2005
659198_S
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Agreement, th~ City prepared ~n Initial Study which found that the environmental
impacts of the Fairway Ranch Project approva{s were addressed by the Negative
Declaration approved by the City Cauncil by Resolution No, 144-97 for the Planned
Davelopment Rezoning for 453 acres af Dublin Fianch which includes the property
subject to this amer~dment and the Fairway Ranch Project and th~ Environmental
Impact Repvrt for the Eastem Dublin Ge~eral Plan Amendment and Specific P1a~ (SCH
91103064) which was certified by the Gouncil by Resalution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EIR").
M. On ~u~~ , 20~5, the Cifiy Council of the City of Dublin adopted
Ordinance No.1~Sapproving this Amendment to the Master Development Agreement
(hereafter "Amendment to Master Development Agreem~nt"). The ordinance took effect
on~'_~u 200~.
NQW, THEREFQRE, with reference to the foregoirig recitals and in cansideration
pf the mutual promises, obligations and covenants herein contained, CITY and
pEVELOPER agree to amend the Master Develapm~nt Agreement as fallows:
AGREEMENT
Section 1. Description of Propertv.
7he property which is the subject of this Amendment to Master Development
Agreement is described in Exhibit 2(the uL.in Property"). The property shawn on Exhibit
2 as NP~rcel B(former Wallis Property)" is not s~bject to Sections 6 and 7 of this
Amendment to Master Dev~lapment Agreement and remains subject only to Sections
20 of the M~ster Development Agreement.
Section 2. Interest of Devel_o~er.
The DEVELOPER has a legal ar equitable interest in the Lin Property, in that it
owns the Lin Property in fee s~mple.
Se~tion 3. Recitals,
The foregoing Recitals are true and correct and shall be deemed to be a part of
this Amendment to Development Agreement.
Amendment to Master Page 3 of 7
Develapment Agreement for Dublin Rench Project Apri1 5, 2005
$59198_5
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Section 4. Effective Date and Term.
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Section 4.1 Effective Date, The effective date of this Amendmen# to the
Master pevetopmen~areement shall be the effective date of Dublin City Council
Ordinance No. ~~-~~ ~I-2i -Z~S
Sectidn 4.2 Term. This Amendment to the Master Development ,,,Y~
Agreement shal! terminate ~s to Section 5 below upon the use or expiration of all g,~5-~`'v~
"Affordable Unit Credits" issued ~ursuant to the Fairway Ranch D~velopment ~
Agreement, whichever occurs later, and as ta Section 6 belaw upan the 30~' anniversary
of the effective date of the Fairway Ranch Development Agreement, as provided in
Section 5.3.6{C) of Exhibit B of said agreernent. Except as provided in the preceding
sentence, this Arnendment shal! terminate when the Mas#er Development Agreement
terminates.
Sectian 5. Exemption fram Inclusionary Zoninq Requlations for 2,655 Units.
Upon completion of the entire Fairvvay Ranch Project in accordance with the
Fairway Ranch Development Agreement, DEVELOPER will have provided aff~rdable
units, as defined in City's Inclusionary Zoning Regulatians (Exhibit C to the Faitway
Ranch Development Agreement), in the following incame categori~s:
Multifamily Component
--90 moderate income units
--90 Iow income units
--63 very low income uni#s
Senior Housina Component
--131 moderate income units
-97 low income units
--64 very low income units
Condaminium Cpm.ponent
--52 moderate income units
QEVELOPER will rec~ive 332 "Affordable Unit Credits," as that term is defined in
the Fairway Ranch pevelopment Agreement upon completion of the entire Fain+vay
Ranch Project. In accordance with the Fairway Ranch Development Agr~ement, the
332 Affordable Unit Credits can be used by Developer to comply with the (nclusipn~ty
~oning Regulations on the Affordable Unit Credit Property, as such regulations currently
exist or as they may be hereafter amended, for a maxirnum of 2,655 units,
notwithstanding the requirements of the Inclusionary Zoning Regulations as they
Amendment to Master Page 4~f 7
D~velopment Agreement for Dublin Ranch Project April 5, 2005
659198_5
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currently exist or as they may hereafter be amended as to the mix of the ~ffordable
units, number of bedrooms ar Cancentratians of such units on the Affordable Unit Credit
Propsrty. The Affordable Unit Gredits must be us~d as pro~ided in the Fairway Ranch
Development Agreement.
City shail determine the number of affordable units required for each residential
developmen# propased for development on the Affordable Unit Credi# Property at the
earliest to occur of the time af tentativ~ map approval, conditional use permit or site
development review by reference to the Inclusianary Zoning R~guiations attaehed as
Exhibit C to the Fairway Ranch Development Agreement to determine the number af
affordable units ~equi~ed for each such residential development and, provided
Devetoper h~s a sufficient number of Affordable Unit Credit Certificates fo~ the number
of such required 2ffardable units, City sha{I not require compliance with the fnc{usionary
Zoning Regulations #or such development. The payment of in-lieu fees will not be
alfawed for any residential development project on the Affordable Unit Credit Property.
If Developer has not earned or obtained Affordable Unit Credit Certificates in
sufficient number to provide the required number of affordable units required for a
propased residential development on the Affordabls Unit Credit Prvperty, Qeveloper
shall be required to comply with the inclusionary zoning requirements then in effect prior
to 5ite Development Review approval, including the requiremen: of section 8.68.050.A
of the Inclusion~ry Zoning Regulations (Exhibit ~ to the Fairway Ranch Development
Agreement) for an ~ffardable housing agreement. Alternatively, Develop~r may
withdraw its applicatian for Site Development Review approval until Developer has
sufficient Affordable Unit Gredit Certificates to provide the required nurnber of affordable
units for the residentia! development project.
All refer~nCes in this Section 5 to "Develope~' shall include persons or entities to
whom Developer has conveyed ar conveys any portion of the Affordable Unit Cred+t
Property, it being the intention of the City and Developer th~t suCh persons or entities
shall be entitled to the benefits and burrl~ns of Sections 5.3.7.8(v} tv (ix) of Exhibit B of
the Fairway Ranch Development Agreement.
Sectian fi. Exemption from Commercial Linkage Fee.
The property described in Exhibit F to the Fairway Ranch Development
Agreement, shall be exempt from any commercial linkage or simil~r fee in th~ manner
provided in Section 5.3.7(C) of Exhibit B of the Fairway Ranch Development
Agreement.
Amendment tn Master Page 5 of 7
Develapment Agreement ior Dublin Ftanch Project April 5, 20a5
658198_5
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Section 7. Park Land.
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Upon satisfactian of the provisians of Section 17 of the "Master Developrnent.
Agreement Between the City of Dublin and The L.in Family for the Dublin Ranch Project
(Areas A, B, C, D, E, F, G and H)", City and Developer will jointiy execute an agreement
qr pther document indicating that Section 17 has ~een satisfied. The City Clerk shall
maintain the original of such document.
Section 8. Notices.
Section 38 of the "Master pevelopment Agreement Between the City of Dublin
and The Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)" shall
be amended by changing the persons to who notice shall be given to DEVELOPER.
hiereafter, all notices reguired to be given to DEVELtJPER shall be addressed as
fallows:
Martin W. inderbitren
7077 Kall Center Pkwy, Suite 120
Pleasanton CA 9456fi
Section 9. ~xhibits.
The following dacuments are referred in this Agreement and are attached hereto
and incorpar~ted herein as though set forth in full:
Exhibit 1 Fairway Ranch Development Agreement
Exhibit 2 Legal Description of the Lin Praperty
Section 10 Cnunter~~rts.
This Amendment to the Master Development Agreement is executed in two (2)
duplicate ariginals, each of which is deemed to be an origin~l.
Sect~an 11. Record~tion.
CITY shall record ~ copy of this Amendment to within ten days foliowing
executian by aIl parties.
Amendment to Master Page 6 of 7
Development Agreement for Dublin Ranch Project April 5, 2005
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Section 12. flmendment.
Except ~s set forth herein, the Master Development Agreement shall not be
amended.
~~~~~n
IN WITNESS WHEREQF, the parties hereto have caused this Agreement to be
execut~d as of the date and year first ~bove w~it#en,
CITY.OF QUBLIN:
ey:
~TTEST:
ate:,~'~~ q~~ ~S
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, Mayor
By: Date: t~ 1 t 5~ 0'~
, ~ty lerk
F~o,u~rt !~-pl rr,ti,,~,.
Approved as to Form:
..~Q~- `ar- -, 2_-
Elizabeth H. Silver, City Attomey
DEVELOPER:
, ~ .
~~~ e; _
Chan Su-O-Lin f~~- ~„~.~~~'°
(also nown as Jennifer Li )_t}o 1..tr.r+ ~-^
~,~f.
' Date:
on ien Lin
( o kna~prr'P~s Frederich or F~c ric Lin)
(also`~wn as Kevin Lin}
Amendment to Master I'age 7 of 7
Develapment Agreement for Dublin Ranch Project April 5, 2005
659198_5
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CAL1~'ORNIA ALL-PURP4SE ACKNOWLEDGMENT
State of Callfornia
~ ss.
County of .. 4Jl~~ OJ .
On ~ ~~ l °I. ~~~ , before me, ~l1,~1 ~~~M1.~- -`.~~.1G
~~ NW1M antl Tltle of OKnar (u.g.,' Dos.li0ta'Y P+~bfi "
personally appeared -~
w„ro~.~ ~~ s~,ercs~
ersonally knQwn to me
Qe~1on ~/ i6~90!
M~il~r 11da - ~ro
Mo~~ls i.'~ourM~-
YrCaArA~. bp1~~ Dwe 9,
c~•n~' ~ t53Z~os.
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Plarr. Nulary SA81 ADOVe
ta be the person(,~f whase name(~j is/~'subscribed
to the wfthin instrtalnent and acknowledged to me that
he4she/tq~y executed the same in ~/har/~ir
authoriied capacity(Ira~}, and tnat by tyi~/her/tpetr
signature(p~j on the instrum~nt tha person(~j; or the
entiry upon behali of which the personj~ acted,
executed the instrumsnt.
WIT ESS my ha d a official seal.
, qn,nue W Notary Public
OPTIQNAt,
77~ough the in(o~nacion below is not rgqUlred by law. it mey prov~9 valuabfe to persOns relying on the ddCUmant
and could prevent Jraudulent removef and reanachment o1 ttiis lorm fo another doCUment.
DesGr{ptlon of Attacft~d ocume t I_ p q.^ O. `i ~~
Title or Typa oi Document: -i"~ _. "~"~~
bocument Date; ..
$igner(s) Other Than Named Above; .
Capaclty(ies) Claimed by Signer(s)
Signer's Name: _, .
IJ Individu8l
~ Corporate Officer - Title(sy: _
;J Partner - f'l ~imited U Generat
Lj Attorney in Fact
f" Trustee
I_: Guardian or Conservator
f"I Other: . . .. -
Signer Is Representing:
rnp of thumb here
Number pf Pages:
Signer's Name; -
J Individual
~ Corpo~ate Offlcer - Title(s): _
U Partner - LJ L:imited f~ General
~ Attomey in Fact
f~l Trustee
L Guardian or Conseryatar
I~ Other: _
~igner Is Representing:
i~p af thumb fwic
Y~ ?OpJ NnuiNV:l Notary Aseociation • 9~.50 De Solo Ave., PO. Box ?4~y? • Giaiswodtl, CA 97313-~402 IlBill N0. 58U7 RCOrtlee GBN Idl•F~pO ~-p~'87&0827
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Appr~ved as to Form:
`"" ~
Marty Inderbitzen
Attomey for Lin Fa y
Amandment to Master Page $ of 7
Development Agreement for Dublin RanCh Prpject Aprii 5, 2045
659198_5
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TAFWAN
CITY OF TAIPEI
AMERICAN INSTITLTE ]N TA~VAN, TAIP~T OFFTCE
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Ctt~ of Tafor~
~ SS. ~uerlcan lnstitutr 1n 9~
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Un ~= ril 22, 2005 , before me, ~~n .~,j,~„ Nn~,;~ry (P~.~.~) , gersonally
I~in, i~ong-lien as attorney-in-fact of Lin Chang, Su-o;
appcarcd T.~ nY xr,n~~.j Pr •ind LiR . Hon~~ Yao----
~
proved to me on the basis of satisfactory evidence) to be the person(s} whase name(s)-~s/are subscribed
to tre within in.strunnent and acknowledged to me that-heLs~they executed the same in-~is,therftheir
aurhurized capacity(ies), and that by-#is~#erdtheir signature(s) on thc instrument, the person(s) or the
entity upon behalf af which the person(s) acted, executed thc instrument.
WITNESS my hand an oi~"icial se~l.
Nota~f Public
Sri P. Kulk:ir~1i
:;n~ciai. N~~~.:~r-y (PL,9C--8)
. Tiu~y appoi~~tccl rcnd qualiEied
- My comtt~ission ~:x~~ir~:s ~lunc 'L5, 200?
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ORDINANCE NO. XX - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
APPROVING AMENDMENT NO. 2 TO THE MASTER DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH
NORTH PROJECT (AREAS A, B, C, D, E, F, G AND H)
PA 07-006
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Grafton Plaza Project ("Project") is located within the boundaries of
the Eastern Dublin Specific Plan ("Specific Plan) in an area that is designated on the General
Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as Mixed Use
2/Campus Office.
B. The Project is located within the Eastern Dublin Specific Plan area, which was the
subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern
Dublin Specific Plan (SCH #91103064), certified by City Council Resolution 51-93 on May 10,
1993, with two addenda approved on May 4, 1993 and August 22, 1994. In February 2000, the
City Council adopted a Mitigated Negative Declaration for a Generaf Plan Amendment, an
Eastern Dublin Specific Plan Amendment and a Stage 1 Development Rezone for Area H.
C. In May 2010, the City Council adopted Resolutions 75-10 and 76-10 adopting a
Mitigated Negative Declaration, Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program and approving amendments to the General Plan and Eastern
Dublin Specific Plan for the Grafton Plaza project site, and in June 2010, the City Council
adopted Ordinance 10-10 approving a PD - Planned Development Rezone and a related Stage
1 Development Plan for the Grafton Plaza project site (Resolutions 75-10, 76-10 and Ordinance
10-10 are collectively referred to as the "2010 Approvals").
D. The City desires to amend the Master Development Agreement between the City
of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) to
reflect the changes made by the 2010 Approvals.
E. A public hearing on the proposed Amendment No. 2 to the Master Development
Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A,
B, C, D, E, F, G and H) ("the Amendment") was held before the Planning Commission on
October 12, 2010, for which public notice was given as provided by law.
F. At its October 12, 2010 meeting, the Planning Commission adopted Planning
Commission Resolution No. 10-48 recommending that the City Council adopt an Ordinance
approving the Amendment.
Page 1 of 3
ATTACHMENT 44
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G. A public hearing on the proposed Amendment was held before the City Council on
November 16, 2010 for which public notice was given as provided by law.
H. The City Council has considered the recommendation of the Planning
Commission, including the Planning Commission's reasons for its recommendation, the Staff
Report, all comments received in writing and all testimony received at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b)
the City of Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (d) the Eastern Dublin
EIR, (e) the Agenda Statement, and on the basis of the specific conclusions set forth below, the
City Council finds and determines that:
1. The Amendment's provisions reflect the changes approved in the 2010 Approvals
and do not make any other changes to the Master Development Agreement between the City of
Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H).
2. The Amendment is consistent with the objectives, policies, land uses and
programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan in
that (a) the Project, as approved by the 2010 Approvals, is consistent with the existing flex land
use designation of the site (Mixed Use 2/Campus Office), (b) the project is consistent with the
fiscal policies in relation to provision of infrastructure and public services of the City's Eastern
Dublin Specific Plan/General Plan; and (c) the Amendment includes provisions relating to
vesting of development rights, and similar provisions set forth in the Specific Plan for Grafton
Plaza.
3. The Amendment 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, as
approved by the 2010 Approvals, include a General Plan Amendment, Eastern Dublin Specific
Plan Amendment and a Planned Development Rezone with a Stage 1 Development Plan for the
Grafton Plaza project site.
4. The Amendment is in conformity with public convenience, general welfare and
good land use policies in that the Project, as approved by the 2010 Approvals, will implement
land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan which
have planned for a mix of residential, commercial and office uses at this location.
5. The Amendment will not be detrimental to the health, safety and general welfare in
that the Project, as approved by the 2010 Approvals, will proceed in accordance with all the
programs and policies of the Eastern Dublin Specific Plan.
6. The Amendment will not adversely affect the orderly development of property or
the preservation of property values in that the Project, as approved by the 2010 Approvals, will
be consistent with the General Plan and with the Specific Plan.
Page 2 of 3
Section 3. APPROVAL
~ ~ ~ ~~o
The City Council hereby approves Amendment No. 2 to the Master Development
Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A,
B, C, D, E, F, G and H) attached hereto as Exhibit A and authorizes the City Manager 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.
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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\PA#\2007\07-006 The Plaza\PC Meeting 10.12.10\CC Ordinance DA.DOC
Page 3 of 3
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~O C~~J~
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
AMENDMENT NO. 2 TO MASTER DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY
FOR THE DUBLIN RANCH PROJECT
(Areas A, B, C, D, E, F, G, and H)
THIS AMENDMENT NO. 2 TO MASTER DEVELOPMENT AGREEMENT ("the
Amendment") is hereby entered into this _ day of , 2010 by and among the City
of Dublin ("the City") and S and V, LLC, a Delaware limited liability company and Her Lin
Ling, an individual (collectively "the Developer").
Recitals
A. City and Developer's predecessor in interest entered into that certain development
agreement entitled "Master Development Agreement Between the City of Dublin and The Lin
Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)," dated May 18, 1999,
which agreement was amended by (a) the "Supplemental Development Agreement Between the
City of Dublin and The Lin Family for the Dublin Ranch Project (Areas F, G and H)", dated
April 18, 2000 and (b) the Amendment to Master Development Agreement Between the City of
Dublin and The Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H and
"Wallis Ranch"), dated June 21, 2005 (hereafter together refened to as the "Master Development
Agreement"}.
B. At the time that is was entered into the Master Development Agreement covered
approximately 1,119 acres of undeveloped land within the City ("the Property"). Subsequently,
Developer's predecessor has transferred a substantial portion of the Property to other entities for
development, and some of the property has been developed.
C. In the course of those transfers, Developer's predecessor in interest has in some
cases assigned its rights, duties, interests, and obligations under the Master Development
Agreement to the transferrees.
EXHIBIT A TO
ATTACHMENT 44
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D. Developer is the owner of approximately 12.23 acres of property, known as the
"Grafton Plaza Property," as more particularly described on Eghibit A to this Assignment, that is
a portion of the property covered by the Master Development Agreement.
E. As to the Grafton Plaza Property, Developer's predecessor in interest assigned its
rights, duties, interests, and obligations in and under the Master Development Agreement, and
Developer assumed those rights, duties, interests, and obligations.
F. Section 25.5 of the Master Agreement provides that any amendments to the Areas
F-H Project Approvals "shall require an amendment" of the Master Development Agreement.
~ G. Developer has applied for, and City has approved, certain amendments to the
Areas F-H Project Approvals, and, therefore, the parties desire to amend the Master
Development Agreement, solely as to the Grafton Plaza Property, to incorporate the amendments
into the definition of Areas F-H Project Approvals.
H. As the Amendment pertains only to the Grafton Plaza Property, the City and
Developer are the only parties required to effect the amendment.
AGREEMENT
NOW, THEREFORE, Developer and City for themselves and their respective
successors and assigns hereby agree as follows:
Section 1. "Area F-H Project Approvals " Redefaned. For the purposes of the Grafton
Plaza Property, the term Areas F-H Project Approvals shall be defined to include, in addition to
those specified in the Master Development Agreement, the following land use approvals:
General Plan and Specific Plan Amendments for the Grafton Plaza Project (Resolution No. _-
10), a Planned Development (PD) Rezone/Development Plan Stage 1 for the Grafton Plaza
Project (Ord. No. _-10).
Section 2. All other provisions of the Agreement shall remain in effect.
[EXECUTIONPAGE FOLLOWS']
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~1 WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed
as oi the date and vear first above written.
CITY OF DUBLIN DEVELOPER
S and LLC
a De aw limited liability company
By:
Joni Pattillo, City Manager
Attest: By.
~ Name: d~~~ /~~F~7
Its: ~ us~u
~aroline Soto, City Clerk ~ \
Approved as to form , ,.
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Her Lin Ling
e~~~
Jo akker, City Attorney
1407892.1
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I6034-13
426/10
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Page 1 of 2
EXHIBIT A
DESCRIPTION
PARCEL 4
GRAFTON STATION
DUBLIN, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA DBSCRTBED AS FOLLOWS:
PARCEL 4 AS SHOWN ON PARCEL MAP 9Q03, RECORDED IN BOOK 292 OF PARCEL MAPS,
PAGE 89 THRU 92, ALAMEDA COUNTY RECORDS.
APN 985-0061-010.
END OF DESCRIPTIUN
PREPARED BY: U?~~H W~6~F~0
~ ~ /
* ~373~yZ ~` ~~6 ~/l3
MARK WEHBER N~ Exp. - ~Q.
DATE
LICENSED LAND SURVEYOR NO. 7960 '9~. ~Q`
(EXP. 3/31/12) ~QF CA~,~F
STATE OF CALIFORNIA
mAC~Y~somps
CML ENGtNEERING•IAND PLANNING~LAND StlRVEYING
5142 franldin Drhre SWte B, Pleasanton, CA, 94588-3355
~925) 225-0640
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STAFF REPORT
PLANNING COMMISSION
DATE: October 12, 2010
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PA 07-006 Grafton Plaza, Development Agreement
Amendment No. 2
Report prepared by Mike Porto, Consulting Planner and Martha Aja,
Environmental Specialisf
EXECUTIVE SUMMARY:
The Applicant is requesting approval of an Amendment to the Master Development Agreement
between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E,
F, G and H) relating to the Grafton Pkaza, which is located on 25.33 gross acres within the
Eastern Dublin Specific Plan Area. This Amendment incorporates the various land use changes
for the Grafton Plaza project into the Master Development Agreement. Action on this item will
not result in any development on the property. There will be several future actions on this
project that wifl each be noticed for a public hearing to allow citizen input. The Planning
Commission is being asked to review the Development Agreement and make a
recommendation to the City Council.
RECOMMENDATION:
Staff recommends that the Planning Commission: 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; 5) Adopt a Resolution recommending that the City Council adopt an Ordinance
approving Amendment No. 2 to the Master Development Agreement between the City of Dublin
and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H).
, ._.
i
- / ~
Submitted y Re ie' By
Mike Porto, Consulting Planner & Planning Manager
Martha Aja, Environmental Specialist
~._ _ _ _.
COPIES TO: Applicant
File
Page 1 of 7
G: tPA#42007107-006 The PlazalPC Meeting 10.12. f 01PCSR 10.12.10. doc
ATTACHMENI' S
~d ~~ ~~
~ESCRIPTIJN:
Backc~round:
The Grafton Plaz~ praject is located in ~r~a M rf Dublin Ranch. Th~ ~raject sit~ is ~aounded an
the ne~rth by Dub9in Boulevard, ~n the west by ~raftc~n Stre~t, c~n the e~st by a plare~ied Ic~~,al
sfreet ~nd an the sc~iith by In#~rstate 5~0 (~~~ vicinity ~~~~ t~elc~v~,~}.
Th~ ~outhern portion of th~ sit~ {appr~xirr~at~ly 'f ~ acres} h~s ~,e~n ~raded ar~c~ landseaped f~r
the water qu~lity treafm~r~t b~~in, which provides treatment for ~~~~~sf~ntial p~rtior~ af the ru~~-
off from Dublir~ F~ar~ch. Tf~e northern por~ic~n c~f the sit~, v,rE~~ere de~J~la~rn~rit will c~cc~ir, h~s b~en
mass c~radeci. The site is fl~t ~nci rr~nsists +~f non-native gr~~s ~~nc~ other low,r vegetatic~n.
a~.~_'~t.<< ~ ~~„~,~~
WiCIN(TY IViAP
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Entittem~nt ~-listeary:
~ t ~'t ~~ S ~
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7l~e original Master Develaprr~ent fic~re~m~nt {Att~ch~~r~t 1~ fc~r Qub9in R~r~ch~ v~sted fh~
Generai Plan, Ea~fern Dut~lin Specific PC~n, and zc~ninc~ ~pprov~ls ~~nd ar~y ar~r7~r~ar~m~r~tsj th~t
w~r~ in effect an June 1i, 19~~. The origin~l Nlas#er Agre~ment ~eknc~wl~dged thc~t the Lin
farnily w~s pursuing cert~in ch~nges to the Ar~~ F-H Prc~~erty ~n~ tha# th~ p~rti~s waul~ enter
intc~ a supplen7~ntal [7ev~lr~pment r'igreement tN~~t ~rvoulci vest th~se c~~ar7g~s. ~ccoreJingly. the
C;ity ~nd #he Lin family ent~red intt~ ~ Su~~alem~r7tal Developrr~~r~t ~.~r~e~~~~r~~t {Att~chm~nt ~j f~r
Gubiin Rar7cli th~t v~sted th~ chanc~~s to th~ .Ar~a F-M pro~~rty, whi~r~ t~~;~ar~ne effe~tiv~ c~n ~~lay
~ 8, 200C}. Subsequently, ~,vhen the Lin family ~;r~kitled t~i~ ~air~vay R~r~ch ~~Ffc~rci~~(e h~~asing
prnject, ~the City and th~ Lir~ family ent~rer~ ir~ta an amenclmer7t tc~ the Mast~r [Jev~lopmE~ri
~greement to implen~Qnt ~n ~~~rr~p#ian from the City's Inciusionary Zc~nin~ 4~rc-iin~nt:~ a~id the
Commercial Linkat~e Fee in excl~anc~e fc~r the Lin's c~~~tion c~f incl~asionary ~ani±s at F~irw~y
I~anch (Attachment ~j.
? c7i'!
The Grafton Plaza pro~ect site was included in a General Plan and Eastern Dublin S ecifc PlahV
J p
Amendment, Planned Development Rezone with a Stage 1 Development Plan and an Initial
Study/Mitigated Negative Declaration (MND) that was approved by the City Council in February
and March of 2000. The 2000 approvals established an average density of 0.45 FAR far
Campus Office parcels, which includes an allowable development of 496,519 square feet on the
Grafton Plaza project site. The Initial Study analyzed all of the environmental topics required by
the California Environmental Quality Act (CEQA). Based on additional site-specific analysis of
light and glare, biological resources, cultural resources, hydrology and water quality, traffic and
circulation, supplemental Mitigation Measures were adopted by the City. These Mitigation
Measures continue to apply to the project.
In October 2005, the City Council adopted an Ordinance approving a Stage 2 Development Plan
for the southern por#ion of the Grafton Plaza site {approximately 11 acres) to allow the
construction of a water quality pond. The pond was subsequently constructed and is now
operational.
In May 2010, the City Council adopted a Resolution adopting a Mitigated Negative Declaration,
Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and
a Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for
the Grafton Plaza project site. Subsequently, in June 2010, the City Council adopted an
Ordinance approving a PD Planned Development Rezone and a related Stage 1 Development
Plan for Grafton Plaza. The approved General Plan and Eastern Dublin Specific Plan
amendments modified the existing land use designations from Campus Office to a new Mixed
Use 2/Campus Office flexible land use designation. Approval of a Planned Development
Rezone with a related Stage 1 Development Plan expanded the allowable uses on the site and
allowed for two options of development. Option 1 allows a mixed use development and permits
up to 50% of the development area be comprised of residential ~~ses and Option 2 allows a
campus office development.
Current Proposal:
The current proposal includes amendment number two to the Development Agreement for
Dublin Ranch between the City of Dublin and the Lin family for the Grafton Plaza project.
ANALYSIS:
Development Agreement
Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement
between the City and the Develaper. California Government Code §§ 65864 et seq. and
Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a legal or
equitable interest in such property in 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.
Development Agreements provide security to the developer that the City will not change its
zoning and other laws applicable to the project for a period of 5 years and would terminate in
2015. The City also benefits from entering into the Development Agreement with the property
owner. The Agreement 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
3 of 7
~a ~
followed, the appropriate fees are paid for the development, and any additional terms of th~~~
agreement are carried out as development proceeds.
In return, the Developer agrees to comply with the Conditions of Approval and, in some cases,
commits to take certain actions, which the City might not otherwise have the authority to require.
Specifically, the Development Agreement augments the City's standard development
regulations; defines the precise fnancial 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 fhe Development Agreement
runs with the land, the rights thereunder can be assigned to parties that do not own the property.
The proposed Development Agreement is the second amendment to the Master Development
Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A,
B, C, D, E, F, G, and H) ("Master Development Agreement"}. Under the terms of the Master
Development Agreement, the developer is entitled to amendments that incorporate later
changes in the General Plan, Eastern Dublin Specific Plan, and zaning into the vested rights
granted by the Master Development Agreement. This amendment vests the developer's right to
the General Plan Amendment, Specific Plan Amendment and Stage 1 Development Plan land
use changes made as part of the 2q10 approvals for the Grafton Plaza project. The Master
Development Agreement is effective until June 29, 2Q19. A Planning Commission Resolution
recommending that the City Council adopt an Ordinance approving Amendment No. 2 to the
Master Development Agreement between the City of Dublin and the Lin Family for the Dublin
Ranch Project (Areas A, B, C, D, E, F, G and H) is included as Attachment 4 with the draft
Ordinance attached as Exhibit A and the Amendment attached as Exhibit B.
CONSIST~NCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONiNG ORDINANCE
Pursuant to Chapter 8.56 of the Dublin Municipal Code, projects within the Eastern Dublin
Specific Plan (EDSP) require a Development Agreement between the City and the Developer.
The Amendment to the Master Development Agreement is intended to reflect the actions taken
in the May 2010 Resolutions relating to the Grafton Plaza project, which were determined at that
time to be consistent with the General Plan, Specific Plan and Zoning Ordinance. Given the
above, Staff believes that the proposed amendment to the Master Development Agreement is
likewise consistent with the General Plan, Specific Plan and Zoning Ordinance.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The proposed Develapment Agreement has been reviewed by the Director of Finance and the
City Attorney. Additional land use entitlements, including a Stage 2 Developmen# Plan, Site
Development Review and possibly a Tentative Map, will be required prior to future development
of the project site. It will be at this time that Conditions of Approval will be placed on the project.
The various applicable departments and agencies will review subsequent planning applications
for Grafton Plaza.
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 proposed Project in addition to an extended area and an interested parties
list. A Public Notice was also published in the Valley Times and posted at several locations
throughout the City. A copy of this Staff Report was provided to the Applicant.
4of7
~ ~~~~ ~~
ENVIRONMENTAL REVIEW:
On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an
Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and
Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted
of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated
May 4, 1993, assessing a reduced development alternative. The City Council adopted
Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced
area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second
Addendum updating wastewater disposal plans for Eastern Dublin. For identified impacts that
could not be mitigated to a less than significant level, the City Council adopted a Statement of
Overriding Considerations for cumulative traffic, extension of certain community facilities
(natural gas, electric and telephone service), regional air quality, noise, and other impacts.
The Eastern Dublin Specific Plan was adopted by the City to encourage orderly growth of the
Eastern Dublin area. Because the Eastern Dublin project proposed urbanization of the almost
completefy undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion
of agricultural and open space lands to urban uses. These impacts together with visuaf and
other impacts from urbanization were also de#ermined to be significant and unavoidable. Where
the Eastern Dublin EiR identified impacts that could be mitigated, the previously adopted
mitigation measures continue to apply to implementing projects such as Grafton Plaza, as
appropriate.
The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects
of urbanizing Eastern Dublin over a 20 to 30 year period. As such, the Eastern Dublin EIR
addressed the cumulative effects of developing in agricultural and open space areas and the
basic policy considerations accompanying the change in character from undeveloped to
developed lands. Since certification of the EIR, many implementing projects such as Wallis
Ranch (Dublin Ranch West), Fallon Crossing, Vargas, and Pinn Brothers/Silvera Ranch, Dublin
Ranch and Fallon Village have been approved, relying on the Program EIR.
In February 2000, the Ci#y Council approved an Initial Study/Mitigated Negative Declaration
(MND) for a General Plan Amendment, Eastern Dublin Specific Plan Amendment and Stage 1
Planned Development Rezone for Area H.
Subsequently in 2008, the City, as the Lead Agency, prepared an Initial Study to determine
whether there would be significant environmental impacts occurring as a result of the current
project beyond or different from those already addressed in the Eastern Dublin EIR and 2000
MND. Based on the project description, the Initial Study determined that the project could result
in additional significant but mitigatable site-specitic impacts. Therefore, a Mitigated Negative
Declaratian (MND} was prepared in accordance with CEQA laws and regulations. The project
assessed in this MND includes, amendments to the General Plan and Eastern Dublin Specific
Plan (including revised land uses), and rezoning to Pianned Development (PD), with the related
Stage 1 Development Plan and the Development Agreement. In May 2010, the City Council
adopted a Mitigated Negative Declaration, a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program for the Grafton Plaza Project.
No further environmental document is needed because the environmental impacts of this project
were fully addressed and within the scope of the Final EIR for the Eastern Dublin General Plan
Amendment, Specific Plan and subsequent Addendum, the 2000 Mitigated Negative Declaration
and the 2010 Mitigated Negative Declaration.
5 of 7
~`I ~_~ ~
~~
ATTACHMENTS: 1) Master Development Agreement between the City of Dublin
and the Lin Family for the Dublin Ranch Project (Areas A, B,
C, D, E, F, G and H).
2) Supplemental Development Agre~ment between the City of
Dublin and the Lin Family for the Dublin Ranch Project (Areas
F, G, and H).
3) Amendment to Master Development Agreement between the
City of Dublin and the Lin Family for the Dublin Ranch Project
(Areas A, B, C, D, E, F, G and H and "Wallis Ranch").
4) Resolution recommending that the City Council adopt an
Ordinance approving Amendment No. 2 to the Master
Development Agreement between the City of Dublin and the
Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E,
F, G and H), with the draft City Council 4rdinance included as
Exhibit A and the Amendment included as Exhibit B.
6of7
~X ~~a
~
GENERAL INFORMATION:
APPLICANT/PROPERTY:
OWNER
LOCATION:
ASSESSORS PARCEL
NUMBERS:
GENERAL PLAN
LAND USE DESIGNATION:
SPECIFIC PLAN
LAND USE DESIGNATION:
SURROUNDiNG USES:
Jim Tong on behalf of the Lin Family
4690 Chabot Drive, Ste. 100
Pleasanton, CA 94588
South of Dublin Blvd., east of Grafton Street & north of I-580
985-006 9 -010 & 985-0061-004
Campus Office (existing)
Mixed Use 2/Campus Office (proposed)
Eastern Dublin Specific Plan
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF
PROPERTY
North PD High Density Residential High Density Residentiaf
Terraces
South N/A N/A Interstate 580
East PD Campus Office Vacant (owned by Kaiser)
Wes# PD General Commercial Grafton Station Commercial
Center
G:\PAM~200'7~07-006 The PlazalPC Meeting 10.12.10\PCSR 10.12. I O.doc
~ Of ~
DRAFT DRAFT
""~. ~~"`y IV
~, ~~ ~ ~;~~ ~ ~
~,~t ~~~,:~ Plannin Commission Minutes
.~ ~',,~, ~ g
Tuesday, October 12, 2010
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, October
12, 2010, in the City Council Chambers located at 100 Civic Plaza. Chair King called the meeting
to order at 6:59:06 PM
Present: Chair King; Vice Chair Brown; Commissioners Schaub and Wehrenberg; Jeff Baker,
Planning Manager; Mike Porto, Consulting Planner; and Debra LeClair, Recording Secretary.
Absent: Cm. Swalwell
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Schaub, seconded by Cm.
Brown the minutes of the September 28, 2010 meeting were approved.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS -
8.1 PA 07-006 Grafton Plaza, Development Agreement Amendment No. 2
Mike Porto, Consulting Planner presented the project as outlined in the Staff Report.
Chair King opened the public hearing.
John Zukoski, resident, asked for an explanation of the changes.
Mr. Porto answered there are no changes. He explained this is an administrative action
encapsulating the approvals the Applicant received in May 2010 into the Development
Agreement.
Cm. Schaub mentioned the Development Agreement is still a 5-year agreement and there is no
change to the timeframe.
7:04:43 PM Cm. Swalwell joined the meeting.
Chair King closed the public hearing.
Cm. Wehrenberg asked about the two sites identified as Kaiser Hospital sites.
s"fzZi7far 2/~i s,~~t€ITa7.):Si£17£
§ , ?;i:~ . .`;t;~ .
~=f,~~ r ~ ~-a~~.~~;~.r„; 124
Attnnhm.~..~ ~
DRAFT RAFT
Mr. Porto answered there is still a portion of the Kaiser property in Area H closest to t e wat~~
qua lity pon d, an d t he area east of the red line is in Area C of the Dublin Ranch.
Cm. Wehrenberg acknowledged the map is for identifying areas only.
Cm. Swalwell stated even though he joined the meeting late, he was familiar with the project
and felt comfortable voting on it.
On a motion by Cm. Wehrenberg and seconded by Cm. Schaub, on a vote of 5-0, the Planning
Commission approved:
RESOLUTION N0.10-48
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENT NO. 2 TO THE MASTER DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH
PROJECT (AREAS A, B, C, D, E, F, G AND H)
PA 07-006
8.2 PLPA-20~0-00044 Castello at Positano Site Development Review for portion of the
Positano ~ oject which includes 101 single-family detached sidential units on
approximate~25.3 acres within Tracts 7855, 8050 and 8051.
Mike Porto, Consulting P~iner presented the project as outlined,,~the Staff Report.
`~ r
`~, f~
Cm. Schaub mentioned that the ~ndem garage space has~~ieen successful in his neighborhood
because residents use the space for'3~orage. ~"`
. .
Cm. Wehrenberg commented that the g age ~as plenty of space for the trash bins, but the
plans only show two bins when Dublin garb , e services have three.
Cm. Schaub asked if the granny unit cor~[plies wit~ie affardable housing requirement.
~~~
Mr. Porto answered yes. ~°~
/ ~
~
Cm. Brown asked what the d initive criteria is for affordable h sing and how does a granny
flat meet that criteria.
Jeff Baker, Planning nager responded there is a section of the Z~ng Ordinance that
establishes affordabl housing obligations, sets up standards and requires an agreement
t ~~:;'~~?~ ~,., .. . 7,,7`2ff}:~`
1`<, ~ f Ifr~sdrrr:t
125
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RESOLUTION NO. 10- 48
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENT NO. 2 TO THE MASTER DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH PROJECT
(AREAS A, B, C, D, E, F, G AND H)
PA 07-006
WHEREAS, Jim Tong on behalf of the Lin Family submitted applications for a 496,519
square foot project on approximately 25.33 acres between Interstate 580 and Dublin Boulevard,
east of Grafton Street ("the Project"); and
WHEREAS, in April 2010, the Planning Commission adopted Resolutions 10-15, 10-16
and 10-17 recommending that the City Council adopt a Mitigated Negative Declaration, amend
the General Plan and Eastern Dublin Specific Plan and approve a Planned Development
Rezone with a related Stage 1 Development Plan for the Project; and
WHEREAS, in May 2010, the City Council adopted RESOlutions 75-10 and 76-10
adopting a Mitigated Negative Declaration, Statement of Overriding Considerations, and
Mitigation Monitoring and Report Program and approving amendments to the General Plan and
Eastern Dublin Specific Plan for the Grafton Plaza project site; and
WHEREAS, in June 2010, the City Council adopted Ordinance 10-10 approving a PD -
Planned Development Rezone and related Stage 1 Development Plan for the Grafton Plaza
project site; and
WHEREAS, the Eastern Dublin Specific Plan requires the developer to enter into
Development Agreements as a condition of development; and
WHEREAS, the Master Development Agreement between the City of Dublin and the Lin
Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) entitles the parties to the
Agreement to enter into subsequent amendments to incorporate changes made to the General
Plan, Eastern Dublin Specific Plan, and zoning into the vested rights granted by the
Development Agreement; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the Project is located within the Eastern Dublin Specific Plan area, which
was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment
and Eastern Dublin Specific Plan (SCH # 91103064), certified by City Council Resolution 51-
93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In
February 2000, the City Council adopted a Mitigated Negative Declaration for a General Plan
Amendment, Eastern Du~lin Specific Plan Amendment and Stage 1 Development Rezone for
Area H. In May 2010, the City Council adopted a Mitigated Negative Declaration, a Statement
ATTACHMENT 7
~~ ~~ • ~~
~
of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the
Grafton Plaza project. The project assessed in the 2010 MND includes amendments to the
General Plan and Eastern Dublin Specific Plan and rezoning to the Planned Development
(PD), with the related Stage 1 Development Plan and the Development Agreement. No further
environmental review is needed for the current application because the environmental
impacts of this project were fully addressed and within the scope of the final EIR for the
Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addenda, the 2000
Mitigated Negative Declaration and the 2010 Mitigated Negative Declaration; and
WHEREAS, the Planning Commission did hold a public hearing on a proposed
Amendment No. 2 to the Master Development Agreement between the City of Dublin and the
Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) ("the Amendment");
and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted to the Planning Commission analyzing the
Amendment and recommending that the Planning Commission recommend that the City
Council adopt an Ordinance approving the Amendment; and
WHEREAS, the Planning Commission did hear and use its independent judgment and
considered all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE tT FURTHER RESOLVED that the Dublin Planning Commission does hereby make
the following findings and determinations regarding said proposed Development Agreement:
1. The Amendment's provisions reflect the changes approved in the 2010 Approvals
and do not make any other changes to the Master Development Agreement between the City of
Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H).
2. The Amendment is consistent with the objectives, policies, land uses and
programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan
in that (a) the project, as approved by the 2010 Approvals, is consistent with the existing flex
land use designation of the site (Mixed Use 2/Campus Office), (b) the Project is consistent with
the fiscal policies in relation to provision of infrastructure and public services of the City's
Eastern Dublin Specific Plan/General Plan; and (c) the Amendment includes provisions relating
to vesting of development rights, and similar provisions set forth in the Specific Plan for Grafton
Plaza.
3. The Amendment 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 as
approved by the 2010 Approvals, includes a General Plan Amendment, Eastern Dublin Specific
Plan Amendment and a Planned Development Rezone with a Stage 1 Development Plan for
the Grafton Plaza project site.
4. The Amendment is in conformity with public convenience, general welfare and
good land use policies in that the Project, as approved by the 2010 Approvals, will implement
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land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan, which
have planned for a mix of residential, commercial and office uses at this location.
5. The Amendment will not be detrimental to the health, safety and general welfare
in that the Project, as approved by the 2010 Approvals, will proceed in accordance with all the
programs and policies of the Eastern Dublin Specific Plan.
6. The Amendment will not adversely affect the orderly development of property or
the preservation of property values in that the Project, as approved by the 2010 Approvals, will
be consistent with the General Plan and with the Specific Plan.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance approving Amendment No. 2 to the
Master Development Agreement between the City of Dublin and the Lin Family for the Dublin
Ranch Project (Areas A, B, C, D, E, F, G and H) attached hereto and incorporated herein as
Exhibit A.
PASSED, APPROVED AND ADOPTED this 12th day of October 2010 by the following
vote:
AYES: King, Brown, Wehrenberg, Schaub, Swalwell
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IPA#12007107-006 The P/aza1PC Meeting 10.12.101PC Reso DA.DOC
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