HomeMy WebLinkAbout4.5 Moller Ranch Planned Rezone •
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e82 STAFF REPORT CITY CLERK
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DATE: January 15, 2013
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager �iIkQo
SUBJECT: Moller Ranch Planned Development rezone with related Stage 1 and Stage 2
Development Plan, and a Development Agreement for a 226.3-acre project area
located along the east side of Tassajara Road south of the City limits
Prepared by Mike Porto, Consulting Planner •
EXECUTIVE SUMMARY:
The City Council will hold a second reading of Ordinances approving a Planned Development
Rezone with related Stage 1 and Stage 2 Development Plan and a Development Agreement
between the City of Dublin and Braddock & Logan Services, Inc. for the Moller Ranch Project.
FINANCIAL IMPACTS:
None.
RECOMMENDATION:
Staff recommends that the City Council: 1) Waive the reading and adopt an Ordinance
approving a Planned Development Rezone with related Stage 1 and Stage 2 Development Plan
for the Moller Ranch project; and 2) Waive the reading and adopt an Ordinance approving a
Development Agreement between the City of Dublin and Braddock and Logan Services, Inc. for
Moller Ranch.
9i �% •
Submitted By Reviewed By
Director of Community Development Assistant City Manager
BACKGROUND:
Project Description •
The application for the Moller Ranch project includes General Plan and Eastern Dublin Specific
Plan Amendments to change the land use designations for the site, Planned Development
rezoning with related Stage 1 and Stage 2 Development Plans, a Development Agreement and
a Supplemental Environmental Impact Report (SEIR).
As a part of Braddock & Logan's December 15, 2011 letter requesting City Council
consideration to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study for
Moller Ranch, Braddock & Logan offered to dedicate approximately 1 ,765 acres of land
Page 1 of 2 ITEM NO. 4.5
•
immediately north and east of the project site to serve as a regional open park accessible from
Dublin (See Attachment 2). On December 2, 2011, Mayor Sbranti wrote to the East 'Bay
Regional Parks District (EBRPD) documenting a meeting wherein the Mayor, EBRPD General
Manager Robert Doyle, State Superintendent of Public Instruction Tom Torlakson, State
Senator Mark DeSaulnier and Braddock & Logan representatives met to discuss the potential
benefits of the offer of dedication of open space and in this letter expressing the City's desire to
work with Braddock and Logan and East Bay Regional Parks District to create this regional park
(Attachment 3). Staff continues to be actively involved in these discussions to make the
proposed regional park a reality.
The City Council, at their meeting of December 18, 2012, approved the General Plan and
.Eastern Dublin Specific Plan Amendments to change the land use from Medium Density
Residential to Single-Family Residential on a 226.3 acre project area known as Moller Ranch
(Attachment 1). Additionally, the City Council approved a Supplemental Environmental Impact
Report.
The City Council also waived the reading and introduced an Ordinance to adopt a Planned
Development Rezone with related Stage 1 and Stage 2 Development Plan consistent with the
General Plan and Eastern Dublin Specific Plan Land Use Amendments. The proposed Stage 1
and Stage 2 Development Plan is consistent with the requirements of the Zoning Ordinance
(Chapter 8.32-Planned Development Zoning). With the proposed PD Amendments, residential
development standards would be adopted for the project site so that the subdivision would be
consistent with the existing single-family residential development south of the project site,
including lot size, frontage setbacks, coverage, usable outdoor areas, building heights parking
and grading standards. The Ordinance approving the Planned Development Rezone and
related Stage 1 and Stage 2 Development Plan for Moller Ranch is included as Attachment 4.
The City Council also introduced an Ordinance approving a Development Agreement between
the City of Dublin and Braddock and Logan Services, Inc. for the Moller Ranch Project. The
Ordinance approving the Development Agreement for the Moller Ranch Project is included as
Attachment 5 with the Development Agreement attached as Exhibit A to Attachment 5.
ATTACHMENTS: 1. City Council Staff Report, Item 6.1 dated December 18, 2012
(without attachments)
2. Letter from Braddock & Logan dated December 15, 2011, requesting '
City Council consideration of a General Plan and Eastern Dublin
Specific Plan Amendment for Moller Ranch
3. Letter from Mayor Sbranti dated December 2, 2011 to the East Bay
Regional Parks District
4. Ordinance approving a Planned Development Rezone with related
Stage 1 and Stage 2 Development Plan for the Moller Ranch Project
5. Ordinance approving a Development Agreement between the City of
Dublin Braddock & Logan Services, Inc. for Moller Ranch with the
Development Agreement attached as Exhibit A
Page 2 of 2 •
bi ��\11
if 082 STAFF REPORT CITY CLERK
��Y CITY COUNCIL File #420-30/450-30
DATE: December 18, 2012
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Managers' 61,...- rtd24
SUBJECT: Moller Ranch, General Plan and Eastern Dublin Specific Plan Amendments,
Planned Development rezone with related Stage 1 and Stage 2 Development
Plans, a Development Agreement, and a Supplemental Environmental Impact
Report for a 226.3-acre project area located along the east side of Tassajara
Road south of the City limits
Prepared by Mike Porto, Consulting Planner
EXECUTIVE SUMMARY: The City Council will consider a request for land use amendments
to both the General Plan and the Eastern Dublin Specific Plan to change the land use
designation for Moller Ranch to: a) 79.6 acres - Single-Family Residential (.09 to 6 units per
acre), b) 136.8 acres - Rural Residential/Agricultural (1 unit per 100 acres), c) 7.6 acres - Open
Space/Stream Corridor, d) 1.2 acres - Semi-Public, and e) 1.1 acres - Neighborhood Park (no
change). The project also includes a Planned Development Rezone with related Stage 1 and
Stage 2 Development Plans and concurrent approval of a Development Agreement and a
Supplemental Environmental Impact Report.
FINANCIAL: None
RECOMMENDATION: Staff recommends that the City Council conduct the public hearing,
deliberate, and adopt Resolution certifying a Supplemental Environmental Impact Report and
adopting Mitigation Findings, Findings regarding alternatives, a statement of overriding
considerations and a Mitigation Monitoring and Reporting Program for the Moller Ranch/Moller
Creek Culvert Replacement Project; adopt Resolution approving a General Plan and Eastern
Dublin Specific Plan Amendment to change the land use designation for Moller Ranch; waive
the reading and INTRODUCE an Ordinance approving a Planned Development Rezone with
related Stage 1 and Stage 2 Development Plans for the Moller Ranch project; and waive the
reading and INTRODUCE an Ordinance approving a Development Agreement between the City
• of Dublin and Braddock and-Logan Services, Inc. for the Moller Ranch Project.
Submitted By . Reviewed By
Director of Community Development Assistant City Manager
Page 1 of 12 ITEM NO. 6.1
DESCRIPTION:
Background:
The Moller Ranch project lies to the east of Tassajara Road within the EDSP area (as shown on
the Vicinity map below). The Project site is characterized by.a small generally flat valley (known
as Casamira Valley) formed by Moller Creek, a tributary of Tassajara Creek, that flows in the
southwesterly direction with moderate to steep hillsides north and south of the creek. The
Project site has slopes which range from less than 5%, adjacent to the creek corridor, to more
than 60% along the north facing slopes at the eastern end of the property. The course of the
creek is lined with vegetated and unvegetated wetlands. The creek continues west beyond the
property line where it empties into Tassajara Creek.
Historical and existing uses within the project area include cattle grazing; two existing single-
family residences and several agricultural outbuildings that are located near the creek that will
be removed as part of the project. No grading has occurred on site except for dirt access roads,
improvements to the Tassajara Road right-of-way, and related drainage improvements for
Moller Creek at the westerly edge.
The use of the surrounding properties is as follows:
- To the north - the unincorporated rural, agricultural, and utility property (part of the greater
Moller Ranch) in Contra Costa County, including a recently constructed PG&E substation.
- To the east - unincorporated rural/agricultural property in Alameda County, also part of the
greater Moller Ranch.
- To the south -
Along the southwesterly boundary, the project known as Fallon Crossing which is a
residential development of 106 single-family and duet units (under construction).
• Along the southeasterly boundary, the project known as Redgewick, Dublin Ranch North,
(PA 08-045), which includes 4 custom residential lots and 127 acres of conserved open
space.
- To the west across Tassajara Road - vacant/agricultural.
VICINITY MAP
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Page 2 of 12
On May 15, 2007, General Plan and Eastern Dublin Specific Plan Amendments'were adopted
(Resolution 58-07), and Planned Development prezoning with a related Stage 1 Development
Plan for 298 attached and detached units was adopted (Ordinance 09-07, PA 06-030) for Moller
Ranch (formerly known as Casamira Valley). These land uses and zoning remain in effect
today and are further discussed below. Moller Ranch was subsequently annexed to the City of
Dublin May 1, 2007 (Resolution 59-07).
A Supplemental Environmental Impact Report (SEIR) was prepared to address potential
environmental impacts resulting from the proposed plan for Moller Ranch. The SEIR, State
Clearinghouse (SCH) #2005052146, was certified by the City Council on May 1, 2007
(Resolution No. 56-07). The SEIR, specifically evaluated as "The Project," for the construction
of 209 units divided between 195 single-family detached residential lots and 14 duet or paired
units developed with a loop road system for the 226.3-acre Moller Ranch property.
On January 17, 2012, the City Adopted Resolution 07-12 approving a General Plan and Eastern
Dublin Specific Plan Amendment Initiation Study based on the current proposal.
Project Description/Current Proposal:
The Applicant, Braddock and Logan, is requesting approval of General Plan and Eastern Dublin
Specific Plan Amendments to change the land use designations for the site, Planned
Development rezoning with related Stage 1 and Stage 2 Development Plans, a Development
Agreement and a Supplemental Environmental Impact Report (SEIR).
ANALYSIS:
The goal of this project is to create the ambiance of a new community built around the relics of
historic agricultural use. The theme envisions a charming, tranquil community and premier
residential haven nestled within the hills of the City of Dublin surrounded by hundreds of acres
of regional parkland. The proposed access and circulation system links the project to Tassajara
Road and the greater Dublin community via a meandering creekside collector road, divided in
elevation in certain locations by 10 foot wide median. The character of the community is rooted
in the history and natural features of the setting. As a reflection of California's agrarian and
ranch heritage, the project will feature vineyards, olive groves, dry stack stone walls, and
farmstead artifacts throughout the community to convey a historic farmstead legacy.
The majority of the proposed development is located on the flatter portions of the site away from
Tassajara Road and generally adjacent to the creek corridor. The grading proposed for the
project will take into consideration the hilly terrain and is designed to avoid excessive grading.
The proposed community will blend with the natural features unique to the site through the use
of design and planning. The project includes three neighborhoods defined by one of three lot
sizes and will allow a variety of housing product types and price ranges. The clustering of
residential units will allow for continuity of the open space area and more effective utilization of
the property.
Page 3of12 •
•
General Plan & Eastern Dublin Specific Plan Amendment
The Applicant requests approval of a General Plan Amendment and Specific Plan Amendment
to change the existing land use designations. The proposed amendments would result in a
project entirely of single-family homes (as opposed to the currently approved single-family and
multi-family development). The requested amendments to the General Plan and the Eastern
Dublin Specific Plan are shown in Table 1, below.
TABLE 1: Land Use - General Plan and Eastern Dublin Specific Plan
Land Use Existing Proposed
Acres Units Acres Units
Single-Family Residential (.09 to 6.0 units per 0 0 79.6 0-478t1I
acre)
Rural Residential/Agriculture 143.7 1 136.8 1
(1 unit per 100 acres)
Medium Density Residential 48.9 298-684 0 0
(6.1 to 14.0 units per acre)
Open Space/Stream Corridor
32.6 7.6
Neighborhood Park •
1.1 1.1
Semi-Public 0 1.2
Total(1) 226.3 685 _ 226.3 479
NI This table shows the maximum units under the General and Specific Plan ranges. The Stage 2 Development
Plan and Vesting Tentative Map 8102 propose a total of 370 single-family detached units.
The Applicant has requested the Single-Family Residential land use in place of Medium Density
Residential as a better design alternative to preserve and to take advantage of the natural
features of the site. This will also allow a better option for providing each unit with usable
private yard area. At a maximum, the density distributed over the Single-Family Residential and
RurallResidential/Agriculture land uses would allow up to 479 units. However, the Applicant is
proposing to develop only 370 homes (4.65 units per acre). Although the Rural
Residential/Agricultural (RR/A) land use designation would allow the construction of one
residential dwelling unit (1 unit/100 acres), the Applicant is not proposing to construct or retain
any dwelling units in this area and a conservation easement will be enacted on a majority of the
land designated RR/A to preserve the site's natural resources. The cap on the number of units
within the proposed development envelope will ensure that the grading on the site is minimized
and the hillsides are protected. . •
Open space and preservation represents a significant theme of the Moller Ranch project. The
Open Space land use designation includes the natural drainage corridor (Moller Creek) from the
project site boundary (city limits) in the northeast to the culvert underpass at Tassajara Road on
- the west. Open space areas and portions of the open space within the RR/A area, including any
detention basins, are proposed to be owned, managed, and maintained by the HOA or a
conservation management organization GHAD or-land trust.
Page 4 of 12
•
The proposed 1.1-acre Neighborhood Park would be located on the north side of the stream
corridor. The neighborhood park will be owned and operated by the City of Dublin.
The 1.2 acres shown as Semi-Public use is the total area of a pedestrian trail system running a
distance of 2,920 feet from the trailhead at Tassajara Road to the northerly project boundary. It
also includes a limited public parking area of approximately 25 spaces serving an adjacent regional
trailhead staging area to the Regional Wilderness Park and PG&E facilities to the north within •
Contra Costa County.
The project proposal includes related amendments to the various figures, texts, and tables in the
General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the
documents. A Resolution approving a General Plan Amendment and an Eastern Dublin
Specific Plan Amendment for the Moller Ranch project is included as Attachment 1.
Planned Development Zoning
The application includes a Stage 1 Development Plan that would replace the existing Stage 1
Development Plan approved in 2007 (Ordinance 09-07). The proposal includes requirements
per Zoning Code Section 8.32.040.A. The Stage 1 Development Plan is revised to be
consistent with the proposed General Plan and Eastern Dublin Specific Plan land use
Amendments. The application also includes a Stage 2 Development Plan. The Stage 2
Development Plan meets the Zoning Ordinance requirements in 8.32.040.B. The Stage 2
Development Plan identifies the layout by proposed lots/parcels along with the Development
Regulations and Architectural Design Guidelines/Standards for specific uses by the type of lot.
The residential uses include 3 lot types with 9 architectural styles among them. A second
dwelling unit would be permitted in neighborhoods having lots of 5,000 square feet or greater,
only. No more than one (1) second dwelling unit is permitted per lot and requires one additional
off-street parking space; 3`d car, tandem or uncovered space would be permitted to satisfy that
requirement.
Based on the proposed density for the proposed acreage by use, a maximum of 479 units could
be developed. However, the SEIR analyzes a maximum of 382 units, and the proposed
development plan allows a maximum of only 370 units on single-family detached lots at an
overall density of 4.65 units per acre.
Further and more specific development standards, including a Master Infrastructure and
Phasing plan, are described in the Stage 2 Development Plan.
Site Plan - The Project has extensive frontage along Tassajara Road, a City and County
designated scenic highway, with standards for preserving views of scenic ridgelines and knolls
from the corridor. In compliance with these standards, no development is proposed near
Tassajara Road with the nearest residence located at least 1,400 feet from the primary entry
road. Tassajara Road currently is a two-lane road extending northward from Dublin Ranch to
the Contra Costa County line. However, the General Plan anticipates that it,eventually will be
expanded to its full width of six lanes. A precise alignment has been approved by the City of
Dublin. However, on-going discussions have been held with Contra Costa County about the
realignment and location of the connection at the county line. .
The project is accessed from a main entry road located along the east side of Tassajara Road
north of Fallon Road. This road follows the natural drainage way with branching loop streets or
Page 5 of 12
•
cul-de-sacs providing access to the neighborhood areas. Community Design elements and
details are discussed below under "Landscaping, Streetscape, and Fence Plan."
• The neighborhood layout by lot type and phase are listed in Table 2 below:
Table 2: Lots by Neighborhood and Phase Shown on Stage 2 Development Plan
Neighborhood Lots Minimum Minimum Phase
Lot Area (sf) Dimensions
1 97 4,500 45 ft x 100 ft 2
2a,b,c 211 5,000 50 ft x 100 ft 1,3,4
3 62 5,500 55 ft x 100 ft 5
Total 370 •
Note: Neighborhood 2 includes 211 units proposed to be built in 3 phases.
•
SITE PLAN
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Development Regulations - Development regulations and site development standards would be
adopted as part of the Stage 2 Development Plan. The Development Regulations proposed for
Moller Ranch are similar to those established for other single-family detached units within the
Eastern Dublin Specific Plan area. The Development. Regulations and Site Development
Standards include minimum lot area and dimensions, minimum lot frontage and depth, minimum
setbacks (for front, rear, and sideyards), maximum building height, maximum lot coverage,
minimum distance between buildings, common outdoor areas, minimum private outdoor areas,
allowable setback encroachments, parking, driveways, signage, trash enclosures, and grading
standards, accompanied .by any necessary diagrams. See Exhibit A to Attachment 2
(Ordinance for Stage 1 & Stage 2 Development Plan, Pages 7 and 8) for a comprehensive list of
Development Regulations.
1
Parking - In accordance with the development standards in much of the Eastern Dublin Specific
• Plan Area, each single-family home in Moller Ranch would be provided with a two-car garage at
a minimum. In addition, all units are required to provide one guest space which may be located -
Page 6 of 12
curbside along public or private right-of-way except where marked for traffic safety and access
by emergency vehicles or within a driveway with sufficient depth. Side-entry (swing-in) and
three-car garages would be permitted only on lots having a minimum width of 55 feet with side-
entry garages requiring a minimum of 28 feet of back-up area.
Architectural Style Guidelines/Standards — The residential architecture for this Stage 2
Development Plan has been designed with themes to complement the natural environment and
the area's agricultural heritage. The Architectural Design Guidelines/Standards are divided into
three sections: Architectural Criteria (details), Plotting (and massing), and Architectural Styles
which allow for nine (9) different styles. The proposed styles would be applied at a later date to
the floor plans presented for approval with a subsequent Site Development Review approval.
• Architectural Criteria - Floor plans are not included as part of the Architectural Design
Guidelines. Standards require a minimum of 4 floor plans for projects of 76 Units or more
with an additional plan for each incremental of 30 above 131. Plans would be required to
present a strong one-story element to the street and recessed second story. The
Guidelines included for roof form and architectural massing forms are proposed for visual
relief to reduce mass and enhance pedestrian scale. Such elements would include:
o Articulation of wall planes
o Projections and recesses to provide shadow and depth
o Combinations of one and two story forms ••-
o Porches and courtyards
As part of these standards, the second floor would be prohibited from completely
covering the first floor without incorporating second floor recessed elements or first floor
single-story elements along the front.
• Plotting - Typically, for projects approved within the Eastern Dublin Specific Plan Area, a
plotting matrix/fit list would be submitted with the Site Development Review. To create a
distinctive look to the neighborhood and eliminate the repetition while allowing flexibility to
enhance sales and marketing, placement of specific floor plans and architectural styles
would be limited within specific parameters.
•
• Architectural Styles - The styles are intended to enhance the diversity of the street scene
with varied roof forms, pitches, and overhangs; window shapes and mullion variations;
shutter configurations; trim profiles; gable end treatments; exterior materials; and style-
specific details. Architectural elements will be required to be articulated on all elevations
of each building, especially on corner lots, with fully wrapped or enhanced elevations on
structures visible from public right-of-way as shown and plotted within the architectural
guidelines. To provide wide diversity to the exterior elevations and architectural styles,
the exteriors also would rely on color to differentiate among exterior planes. At least 60%
of the plans will have a second story that recesses at least 5 feet for 20% of the front
facade, and at rear elevations there shall be a minimum 5-foot horizontal or vertical offset
in the plan. For phases of over 130 units, the architectural guidelines are required to
provide no less than 5 color schemes and 10 garage door types. A color and materials
board is not included with the. current architectural Guidelines, but will be incorporated -
and adopted as part of the Site Development Review.
The nine architectural styles proposed for this project are described in Exhibit B to Attachment
2, Architectural Guidelines, Pages 15-32.
Page 7 of 12
Landscaping, Streetscape, and Fence Plan — The Application includes a Master Landscape and
Streetscape plan which addresses typical lot layout, plant palette, hardscape improvements,
street improvements, entry monuments, parks and trails, open space, and the stream corridor,
including bank stabilization, drainage, and water quality improvements. The development
concept for the area strives to preserve the natural environment and create a community that is
compatible with the natural terrain.
The landscape and streetscape design is centered on the natural drainage area or creek as a
fundamental part and focal point of a 10-foot wide meandering community trail that could
integrate with the East Bay Regional Park District trail system. The trail within Moller Ranch is
punctuated with meadows, vista points, public art, interpretive signage, selective seating, and
other features designed to preserve and protect the natural environment which is included in
Exhibit A to Attachment 2, Landscape Guidelines, pages 30-36. At the creek crossing, a
decorative head wall houses the culvert and an ornamental railing provides a pedestrian lookout
down the riparian corridor. The trail meanders adjacent to the Neighborhood Park before linking
with the regional trail system to the north. Sidewalks also are provided throughout the project.
In compliance with water quality standards, a series of detention basins would be integrated into
the open space.
In addition to the pedestrian trail system, the main entry road at Tassajara Road is flanked by a
hillside on the north and meanders along the creek to the south. This road is designed with two
20-foot wide drive aisles on either side of a 10-foot wide landscaped median. After the one
creek crossing near the Neighborhood Park, the road becomes a 36-foot wide neighborhood
entry! road eventually narrowing to a neighborhood spine road that bisects the main
neighborhood area and serves as a collector for the neighborhood streets.
The main entry road is located and marked with enhanced pavement north of Fallon Road near
the point where the Moller Creek passes under Tassajara Road to connect with Tassajara
Creek. In keeping with the historic agricultural theme, small flowering orchard-style trees would
be planted in the median and windrow segments along the north side. Rambling roses, terraced
olive groves, and vineyard plantings distinguish the project entry. A detention area serves as a
seasonal pond and would be constructed as part of the culvert relocation. Other theme
elements at the entry include a theme wall with ranch logo, stone monolith, boulder rubble, and
project entry structure (enclosed pump house) clad with a synthetic rustic dry stacked stone.
As the main road interfaces with the neighborhoods and approaches the creek crossing, the
. landscape features a shade tree canopy, riparian trees, vineyard plantings, and an evergreen
tree buffer to screen the homes while retaining views beyond to the creek. Enhanced paving
marks the pedestrian crossings to the Neighborhood Park and regional trail system. In all, there
are seven neighborhood entries sited along the various segments of the.primary road. The goal
of these entries is to highlight each area with stone monoliths, low stone walls, decorative
lighting, signage, and plantings.. Vineyard plantings and trellis systems for the vines will be
strategically located throughout the project.
•
After crossing the creek the road becomes the entry point to the main neighborhood area. This
location is surrounded by a series of detention basins capturing runoff from hillsides to the
south. Additional vineyard plantings, low stone walls, and boulder rubble define this junction.
As-the neighborhood spine climbs up the grade and branches into the neighborhood streets,
windrow and flowering trees flank this route leading to the topmost detention basin protected by
a landscape buffer.
Page 8 of 12
•
In order to ensure adequate emergency vehicle access to all portions of the site, emergency
access roads are located along the residential interface with the open space (Rural
Residential/Agriculture) area while numerous trail heads at cul-de-sacs and other locations
would be located at points along the access roads eventually linking to the trail system. This
road also serves as a fire buffer. The neighborhood street abutting the open area north of the
creek and the neighborhood street serving the park and trailhead staging area would be
designed and landscaped to enhance those amenities. These entry points would be highlighted
by thematic low stone walls parallel to the sidewalk connected with an ornamental iron fence to
separate the trailhead area from private yards. A removable bollard would be located for
emergency vehicle access at these locations.
A hierarchy of fence types, including theme walls and other functional fences are shown with the
plans. The walls and fences for the Moller Ranch project are designed to minimize visual
impact and obstruction of enjoyment of the surrounding open space. Therefore, where fences
and walls are required, they are designed to be semi-transparent or screened by landscaping.
Relative to the topography of the Project Site, the fence plan takes into consideration retaining
walls and view fencing where appropriate.
The plans also include a palette of plant materials, street furnishings, signage, landscape
accessories, and utility screening. Such extensive open space within and surrounding the
residential community also requires a management plan for those areas to be dedicated to the
City, held in common by the homeowners association (HOA), or managed by a special district.
In addition to the overall landscape plan for the Moller Ranch project area, the Landscape Plans
and Development Regulations include a typical landscape plan and site layout for both interior
and corner lots reflecting each of the three residential lot sizes proposed. The landscaping for
the parkways and the individual lots will be required to conform to the City Water Efficient
Landscape Ordinance. •
All proposed uses are consistent with the permitted uses approved by the Stage 1 Development
Plan, and proposed densities remain within the standards. A Resolution recommending the City
Council adopt an Ordinance approving the Planned Development Rezone and related Stage 1
and Stage 2 Development Plan for the Moller Ranch project is included as Attachment 2.
Affordable Housing/Inclusionary Zoning - The proposed project is subject to the City's
Inclusionary Housing requirements. This provision requires new residential projects to provide
12.5% of the units within the new residential project as affordable. Based on the total number of
units, 46 units would be required to meet the affordability standards. The affordable housing
component will be addressed in a separate affordable housing agreement prior to recordation of
the final subdivision map.
Public Art Compliance — The proposed project is subject to compliance with the City's Public
Art Ordinance. The Ordinance requires the Applicant's contribution to be .5% of the aggregate
value of the home construction to be determined and calculated by the City's Building Official.
This calculation would be made and compliance exhibits developed at a later time in conjunction
with the Site Development Review. An exhibit showing potential locations for public art along
The open space corridor is located in Exhibit A to Attachment 2, Landscape Guidelines, page 34.
Page 9 of 12
•
Development Agreement
Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement
between the City of Dublin 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 are approved by an Ordinance of the City Council upon
recommendation by the Planning Commission. The proposed Development Agreement was
drafted with input from City Staff, the project Applicant, property owner, and the City Attorney
based on the standard Development Agreement prepared by the City Attorney and adopted by
the City Council for projects located within the Eastern Dublin Specific Plan area.
The Development Agreement provides security to the developer that the City will not change its
zoning and other laws applicable to the project. The Development Agreement becomes
effective for a term of five (5) years from the date of the signing of the agreement. This
document is a contract that establishes obligations for meeting the goals of the Eastern Dublin
Specific Plan 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, appropriate fees are paid for the development, and any additional
terms of the agreement are carried out as development proceeds. The proposed Development
Agreement also would be consistent with the previous development agreements.
An Ordinance approving a Development Agreement between the City of Dublin and Braddock &
Logan Services for the Moller Ranch project is included as Attachment 4 with the Development
Agreement attached as Exhibit A.
Planning Commission Action
At their meeting of November 27, 2012, the Planning Commission adopted the following
Resolutions: •
a) Resolution recommending that the City Council certify a Supplemental Environmental
Impact Report for the Moller Ranch/Moller Creek Culvert Replacement Project and make
related findings;
b) Resolution recommending that the City Council adopt a Resolution approving a General
Plan and Eastern Dublin Specific Plan Amendment to change the land use designation
for Moller Ranch;
c) Resolution recommending that the City Council adopt an Ordinance approving a Planned
Development Rezone with related Stage 1 and Stage 2 Development Plans for the Moller
• Ranch project;
d) Resolution recommending that the City Council adopt an Ordinance approving a
Development Agreement between the City of Dublin and Braddock and Logan Services,
Inc. for the Moller Ranch Project.
e) Resolution approving Vesting Tentative Map 8102 for the project known as Moller Ranch
subject to the City Council approving the above entitlement; and
Page 10 of 12
The Draft Planning Commission meeting minutes are included as Attachment 5.
•
CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE
The application includes a request for Planned Development rezoning with a Stage 1 and Stage
2 Development Plan consistent with the proposed land use amendments under the General
Plan and Eastern Dublin Specific Plan. The Planned Development zoning including
Development Regulations would be applicable to Vesting Tentative Map 8102.
The proposed project has been reviewed for conformance with the Community Design and
Sustainability Element of the General Plan. The proposed project will further the goals of the
Community Design and Sustainability Element of the General Plan by providing a high quality of
life and preserving resources and opportunities for future generations. The Project will be
required to adhere to the City of Dublin Green Building Ordinance which will be determined at
the Site Development Review stage.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services
and Dublin San Ramon Services District reviewed the project and provided Conditions of
Approval where appropriate to ensure that the Project is established in compliance with all
Ordinances and Regulations, Conditions of Approval from these departments and agencies
were included in the Planning Commission Resolution 12-45 the Vesting Tentative Map included
as Attachment 3.
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. A Public Notice was also published in the Valley Times
and posted at several locations throughout the City. A copy of this Staff Report has been
provided to the Applicant.
ENVIRONMENTAL REVIEW:
The Project Site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan
Amendment and Specific Plan to provide a comprehensive planning framework. for future
development of the area. In connection with this approval, the City certified a program
Environmental Impact Report (EIR) pursuant to CEQA Guidelines section 15168 (SCH:
91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter "Eastern Dublin
EIR") that is available for review in the Planning Division and is incorporated herein by
reference. In connection with a prior project on the Moller Ranch site, the City certified the
Casamira Valley/Moller Ranch Project Supplemental EIR ("Casamira EIR") pursuant to CEQA
• section 21166 and CEQA Guidelines sections 15162 and 15163 (SCH # 2005052146) and
adopted supplemental mitigation measures, a Mitigation Monitoring Program and Statement of
Overriding Considerations through Resolutions 56-07 and 58-07, dated May 1, 2007 and
incorporated herein by reference. •
•
The City prepared and circulated a Draft Supplemental EIR dated September 2012 (SCH No.
2005052146) for the Project. The Draft Supplemental EIR confirmed that many of the Project
impacts were addressed in the prior EIRs, whose mitigation measures continue to apply to the
Project, as applicable. The Supplemental EIR review focused on traffic and biological
Page 11 of 12
resources. A number of supplemental traffic impacts were identified, most of which can be
mitigated to less than significant; however, some would remain significant and unavoidable as
noted in the attached resolutions and findings. Upon further review, staff determined that one of
the traffic mitigations identified in the Draft Supplemental EIR would be infeasible. That
mitigation, SM-TRA-1-12, calls for removal of a crosswalk at the Hacienda Drive/Dublin
Boulevard intersection. Removing the crosswalk would be inconsistent with the City's adopted
complete-streets policy. Also, the intersection is just over one-half mile from the Eastern Dublin
BART station and adjoins the transit-oriented Dublin Transit Center, which is a Priority
Development Area as designated by ABAG. The intersection is bordered by high-density
residential, commercial, office and retail uses that are expected to generate sighificant
pedestrian activity at buildout. Removing the crosswalk would also pose safety concerns in light
of the expected heavy pedestrian traffic that would likely attempt to cross the street even without
a marked crosswalk. No other feasible mitigations are identified for the intersection impacts;
therefore, the impact will be significant and unavoidable. All of the supplemental biological
resources impacts can be mitigated to less than significant. Following the required 45 day
public review period, the City prepared a Final Supplemental EIR containing written responses
to all comments received during the public review period, which responses provide the City's
good, faith, reasoned analysis of the environmental issues raised by the commenters. The prior
EIRs together with the Project Draft and Final Supplemental EIR documents adequately identify
and analyze the potential environmental impacts of the Project, are incorporated herein by
reference and are available for review during normal business hours in the Planning Division at
City Hall.
A Resolution certifying a Supplemental Environmental Impact Report for the Moller
Randh/Moller Creek Culvert and Replacement Project and make related findings is included as
. Attachment 6, with the Draft Supplemental Environmental Impact Report and Final
Supplemental Environmental Impact Report are attached as Exhibit A.
ATTACHMENTS: 1 . Resolution approving a General Plan and Eastern Dublin Specific
Plan Amendment to change the land use designation for Moller
Ranch.
2. Ordinance approving a Planned Development Rezone with related
Stage 1 and Stage 2 Development Plan for Moller Ranch.
3. Planning Commission Resolution 12-45 approving Vesting Tentative
Tract Map 8102.
4. Ordinance approving a Development Agreement between the City of
Dublin Braddock & Logan Services, Inc. for the Moller Ranch project
iwith the Development Agreement attached as Exhibit A.
5. Draft Planning Commission meeting minutes, November 27, 2012.
6. Resolution certifying a Supplemental Environmental Impact Report
for the Moller Ranch/Moller Creek Culvert and Replacement Project
and making related findings, with the Draft Supplemental
Environmental Impact Report and Final Supplemental Environmental
Impact Report attached as Exhibit A.
•
Page 12 of 12
BRADDOCK &LOGAN SERVICES.TNC:
BUILDERS DEVELOPERS
ESTABLISHED 19P7
P.O.BOX 5300
DRA C8 p]u5140 0D9rR6.1076
. AIL MS)
•
. December 15,2011 •
Jeri Ram,A.LC.P,
Commmify Development Director
City of Dublin
100 Civic Plaza
'Dublin,CA 94568
RE: General Plan AmendmentRenuesi
Dear Jerk
Pursuant to your letter of December 9, 2011, please consider this a formal request for a General Plan
Amendment for the property known as the Moller(Richey-Banter). The Moller property is located west of
Tassajara Road,immediately south of the City's northern boundary and contains 226 ones.
Specifically, this request is to change the General Plan Designation of the Moller property from Medium
Density Residential(6-14 dwelling hmita per acre)to Low Density Residential(0-6 dwelling units per acre).
The proposed laud use designation changes would accomplish the following(1)create a distinct master plan
commmity that would be unique to the City; (2) offer for dedication approximately 1,765 acres of open
space for the potential creation of a regional open park accessible from Dublin; and (3) reconstruct the
Tassajara Road crossing which would stabilize and facilitate the widening of a regional road and the water
and sewer Infrastructure contained within it.
•
We appreciate Staffs commitment to expeditiously complete the entitlement and mvaoumental review
process prior to the conclusion of 2012. As we have discussed, it is essential that the processing of this
project be completed in this time flame. In response to City Staff time commitment,we in turn will maim
all the nreentry resources available to the City to ensure that this project�turns into a reality. Thank you for _
considering mfr request,please do not hesitate to contact me with any questions.
Sincerely, •
Doe •
Vice President
Attachments; General Plan land Use Amendment Exhibit
' Dublin Regional Open Space Project Map
•
•
December 2,2011
I) CITY OF Robert E. Doyle
LTBLIN General Manager
100 Civic Plaza East Bay Regional Park District
Dublin,Calllornia 94568 2950 Peralta Oaks Ct
Phone:(925)8336650 P.O. Box 5381 •
Fox:(925)833-6651 Oakland CA 94605 I.
RE.: Meeting regarding the creation of the Dublin Regional Open Space
Mr.,Doyle
I wanted to thank you for the meeting with State Superintendent of Public
Instruction, Tom Torlakson, State Senator Mark DeSaulnier Staff, representatives
from Braddock and Logan, and myself to discuss the potential creation of a regional
• open space area within and adjacent to the City of Dublin. As we discussed at the
meeting, Braddock and Logan is proposing a residential development project within
the 'City of Dublin, and in conjunction with the development, has offered
approximately 1,756 acres of open space to the District. The open space is located
within Alameda and Contra Costa Counties and is immediately adjacent to the
District's recent acquisition of the 640 acre Schmitz property. The combined total of
the new open space area would be almost 2,500 acres and would be accessible from
Dublin as well as from Camino Tassajara within southern Contra Costa County. In
exchange for the open space dedication, Braddock and Logan has requested the
• District fund the endowment for the permanent conservation of the property; as may
City Council be required by the State and Federal regulatory agencies. Although the endowment
(925)833.6650 amount is not known at this time, as we discussed it is anticipated to be less than
City Manager $1,000,000.
19251833.6650
Community Development
192.5)833.6610 The City anticipates that the development processing should be concluded in late
Econent c Development 2012. Upon the approval of the project and the City led environmental review,
Finonte/Admtn Services Braddock and Logan has requested that the City and the District be at the table
(925)8336640 negotiating the agency permits to ensure that the trail access, consistent with the
Fire Prevention District's goals, be part of the final State and Federal agency permits. •
. 1925)8336606
Human Resources
(925)833-6605 We look forward to working with the District and Braddock and Logan to see the
Parks 8 Community Services successful creation of a regional park that the citizens of Dublin and the entire Bay
(9 2 5)556.4500
Area can enjoy. My Staff will keep you abreast of the progress of this project as it
Police
(925)833,5670 moves through the City's development and environmental review process. In the
Public Works/Engineering duration please feel free to contact the Dublin City Manager, Joni Pattillo with any
(925)833.6670 questions that you may have.
Dublin Sincerely
heti (NJ OD
Awrakattti
2011 - Tim Sbranti
Mayor City of Dublin .
www.dublln.co.gov
ORDINANCE NO. XX - 12
AN ORDINANCE OF THE CITY COUNCIL
•
OF THE CITY OF DUBLIN
APPROVING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 AND
STAGE 2
DEVELOPMENT PLAN FOR THE MOLLER RANCH PROJECT
(APNS 985-0001-001-01 and 985-0001-001-02)
PLPA-2011-00003
The City Council of the City of Dublin does ordain as follows:
SECTION 1: RECITALS
A. The current Planned Development zoning with a related Stage 1 Development
Plan was adopted by Ordinance 09-07. Ordinance 09 707 is superseded by this Ordinance,
which replaces the previously approved Stage 1 Development Plan and adopts a new Stage 2
Development Plan.
SECTION 2: FINDINGS
A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as
follows.
1. The proposed Planned Development rezone with related Stage 1 and Stage 2
Development Plan for Moller Ranch (the "Property) will be harmonious and
compatible with existing and potential development in surrounding areas
because: the proposed zoning amendments would allow residential
development of the Property consistent with open space and hillside
preservation intended for the Eastern Dublin Extended Planning Area and
Foothill Residential area of the Eastern Dublin Specific Plan area.
2. The Property is physically suitable for the type and intensity of the-Planned
Development Zoning District proposed because: 1) development will occur in
the flatter areas of the site, leaving the surrounding hillsides in open space; 2)
The Project will implement all applicable mitigations from the prior
Environmental Impact Reports and the Project Supplemental Environmental
Impact Report; and 3) the Development Plan will allow the construction of
residential communities consistent with the density and character of n_earby
neighborhoods in the surrounding and adjacent area.
3. The proposed Planned Development rezone with related Stage 1 and Stage 2
Development Plan for the Property will not adversely affect the health or safety
of persons residing or working in the vicinity, or be detrimental to the public
health, safety and welfare because: 1) structures will be constructed and
neighborhoods laid out in compliance with building and fire department safety
regulations and codes; 2) development resulting from the proposed rezoning of
the Property would be subject to development standards approved for Moller
Ranch; and 3) development resulting from the proposed zoning amendments
1 •
•
to the Property would be subject to ordinance requirements and conditions of
approval designed to preserve public health, safety, and welfare.
4. The proposed Planned Development rezone with related Stage 1 and Stage 2
Development Plan for the Property are consistent with the Dublin General Plan
and the Eastern Dublin Specific Plan because: 1) the Property has been
designated for the requested land uses under the companion General Plan and
Eastern Dublin Specific Plan amendments approved by Resolution 210-12 on
December 18, 2012; and 2) the requested zoning is consistent with this land
use.
B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds
as follows.
•
1. The proposed Planned Development rezone with related Stage 1 and Stage 2
Development Plan for the Property meet the purpose and intent of Chapter
8.32 Planned Development Zoning District of the Dublin Zoning Ordinance
because: 1) the proposed project is consistent with the intent of the companion
General Plan and Eastern Dublin Specific Plan amendments for residential
development surrounded by open space areas; 2) the proposed project
complies with Section 8.32.010 of the Dublin Zoning Ordinance by coordinating
future development of the Project site with similar existing residential
development in neighboring areas.
2. Development under the Planned Development Plan will be harmonious and
compatible .with existing and future development in the surrounding area
because: 1) the proposed zoning amendments to the Property are consistent
with development of nearby residential communities along Tassajara Road;
and 2) adequate hillside slope preservation, drainage, and bio-retention
measures will be incorporated to prevent run-off onto adjacent and surrounding
developments. •
C. Pursuant to the California Environmental Quality Act, the City Council certified a
Supplemental Environmental Impact Report for the Project, including the PD-Planned
Development rezoning, by Resolution 209-12 on December 18, 2012, which resolution is
incorporated herein by reference.
SECTION 3. ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning
Map is amended to rezone the Moller Ranch Property, as shown below, to the PD-Planned
Development zoning district.
•
•
2
A map of the rezoning area is shown below:
aa PROJECT
•
3 snt
�+>
itP• J"fir+ 3—--
type
•
Jr
f D1JNAN RANCH
DUBLIN •
III
•
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F
SECTION 4. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN.
The regulations for the use, development, improvement, and maintenance of the Property are
set forth in the following Stage 1 and Stage 2 Development Plan for the Project area which is
hereby approved. This approval supersedes the Stage 1 Development Plan previously
approved in Ord. 09-07. Any amendments to the Stage 1 and Stage 2 Development Plan shall
be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors.
•
This Stage 1 and Stage 2 Development Plan meets all the requirements for Stage 1 and Stage
2 Development Plans set forth in Chapter 8.32 of the Dublin Zoning Ordinance. A separately
bound document titled "Moller Ranch — General Plan Amendment/Eastern Dublin Specific Plan
Amendment, Stage 1 and 2 Planned Development Rezone, Vesting Tentative Map" dated
August, 2012, is incorporated herein by reference as Exhibit A and is on file in the Dublin
Community Development Department.
1. Permitted, Conditionally Permitted, Accessory/Ancillary, and Temporary Uses:
Permitted, conditional, accessory/ancillary, and temporary uses applicable to this
property are shown below:
•
3
Proposed Uses: Permitted, Conditional and Accessory Uses
PD-Single Family Residential
Permitted Uses:
Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance
Animal keeping- residential
Community care facilityismall (permitted if required by law. otherwise as conditional use)
Garage/Yard sale
Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance
Private recreation facility for homeowner's association
Secondary Unit
Single Family Dwelling
Small family day care home
Similar and related uses as determined by the Community Development Director
Conditional Permitted Uses
Ambulance Service
Bed and breakfast inn
Boarding house
Community clubhouse
Community facility
Day care center
Large family day care home
Mobile home/manufactured home park
Parking lot—residential
Plant nursery
Semi-Public facilities
Similar and related uses as determined by the Community Development Director
Temporary Uses
Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit
• procedures.
PD-Park
Permitted Uses •
Community Park
Neighborhood Park
Neighborhood Square
Recreational and educational facility
Trail Staging area
Similar and related uses as determined by the Community Development Director
PD-Semi-Public
Permitted Uses, including, but not limited to:
Community center/Clubhouse
Community Theater
4
•
Cultural center
•
Day care center
Educational Facilities
Inclusionary Housing
Private School
Recreational Facilities—public
Religious institutions
Senior Center
Special needs program facilities
•
Trail Staging area
Trails and maintenance roads
Youth Center
Similar and related uses as determined by the Community Development Director
Andtlary Use:
Parking lot supporting a primary use
PD-Open Space
Permitted Uses:
Conservation areas
Drainage and Water Quality Ponds and Other Related Facilities
Incidental and Accessory Structures and Uses
Private or Public Infrastructure
Private recreation facility—passive and active
Resource Management
Storm Water Detention Ponds and Other Related Facilities
Trails and maintenance roads
Trail Staging Area
Wildlife habitat preservation area
Similar and related uses as determined by the Community Development Director.
Ancillary Use:
Parking lot supporting a primary use
•
PD-Rural Residential/Agriculture
Permitted Uses:
Agricultural Accessory Use—Office
Animal Keeping—Residential
Drainage and Water Quality Ponds and Other Related Facilities
Mobile Home
Private or Public Infrastructure
Single Family Residence
Small Family Day Care
Storm Water Detention Ponds and Other Related Facilities
Trails and Maintenance Roads
5
Trail Staging Area
Andllary Use:
Parking lot supporting a primary use -
•
Conditionally Permitted Use:
Agricultural Housing
Agricultural Processing
Animal Keeping—Agricultural •
Animal Keeping—Commercial
Animal Sales and Services
Bird Keeping— Commercial
Caretaker Residence
Crop Production
Farm Mobile Home
Horse Keeping
Horse Stab le/Riding Academy
Plant Nursery
Recreational Facility— Outdoor
Similar and related uses as determined by the Community Development Director
Temporary Uses
Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit
procedures.
2. Site Plan, Site area and proposed densities: See diagram
• n,s
1. iF`
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I �� \k if
,, ,'
AOS
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7
A '
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tri
_ MOLLER RANCH
.o.vaturflialeue.u: nip - peen nN STAGE II PLANNED DEVELOPMENT
„d ,t,,,A„�„ n, SITE PLAN
•..
StueRCIC 3 .. .
let( PP.e „ye IlDetetge.eel, Ina 3
6
3. General Plan/Eastern Dublin Specific Plan consistency: The Stage 1 and Stage 2
Development Plan is consistent with the companion General Plan and Eastern Dublin
Specific Plan amendments approved by Resolution 210-12, December 18, 2012
4. Development Regulations/Architectural Standards: Development Regulations shall
be applied as follows:
•
Dwelling Type 4,500 Square Feet 5,000 Square Feet 5,500 Square Feet
(based on min. lot size)
Minimum Lot Area 4,500 sf 5,000 sf 5,500 sf
Minimum Lot Width 45 feet 50 feet 55 feet
Minimum Street Frontage 25 feet 25 feet 25 feet
@cul-de-sac/knuckles
Minimum Street Frontage 20 feet 20 feet 20 feet
(flag lots)
Minimum Lot Depth 100 feet(') 100 feet(1) 100 feet(1)
Maximum Lot Coverage(14)(15) 55% 45% 45%
Maximum Building Height(') 38 feet 38 feet 38 feet
Maximum Stories( ) . 3 stories 3 stories 3 stories
Minimum Building Separation
Minimum Setbacks(2)
Fronts)(23)
- to living area 12 feet 12 feet 12 feet
- to porch(24) 10 feet 10 feet 10 feet
- to courtyard"(23) 8 feet 8 feet 8 feet
- to front-facing garage(y)(16) 18 feet 18 feet 18 feet
- to side-entry (swing-in) garage) n/a n/a 12 feet
Side(3)(b)(11)
- to living area 0 or 4 feet 5 feet 5 feet
- to porch(6) 5 feet 5 feet 5 feet
- to courtyard("(22) 0 0 0
Encroachments (4) (4) (4)
Rear('u)"2)(16)(25)
- to living area
one-story element(')(21) 15 feet 15 feet 15 feet
two-story element 18 feet 20 feet 20 feet
- to one-story garage(6) 3 feet 3 feet 5 feet
Usable Rear Yards 500 sf total flat area. 750 sf total flat area. 800 sf total flat area.
Minimum dimension Minimum dimension Minimum dimension
= 10 feet. = 10 feet. = 10 feet.
Yard area of no less Yard area of no less Yard area of no less
than 80 sf may be than 150 sf may be than 150 sf may be
provided in multiple provided in multiple provided in multiple
locations within a locations within a locations within a
single lot, including single lot, including single lot, including
courtyard areas. courtyard areas. courtyard areas.
•
Corner Lots(I7) .
- to living area from side • 9 feet 10 feet 10 feet
- to living area from front 9 feet 10 feet . 10 feet
to porch from front 8 feet 8 feet 8 feet
- to porch from corner 7 feet 7 feet 7 feet
- distance from living area
perpendicular to site line 3 feet 3 feet 3 feet
- distance from porch to site linee0) 0 0 0
Accessory Structures (19) (19) (19)
Parking(13)(4)
Per unit 2 spaces covered 2 spaces covered 2 spaces covered
7
Guest space per unit 1 1
NOTES:
(1) [No less than] 90%of lots shall meet the 100' lot depth. It is understood that slight deviations of lot depth could occur
at the time of the final map. See Neighborhood Key for Neighborhood Delineations.
(2) Setbacks measured from property line.
(3) See following pages for graphic depiction for typical front and sideyard setbacks of above standards.
(4) Items such as, but not limited to air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4'
in height, media centers, etc. may encroach 2' into the required setback of one side yard, provided a minimum of a 3' flat
and level area is maintained for access around the house. Items such as, but not limited to air conditioning, condensers,
porches, chimneys, bay windows, retaining walls less than 4 feet in height,•media centers, etc. may encroach 2 feet into
the required setback of one side yard provided that a minimum of 36 inches of flat and level area is maintained for access
around the house.
(5) Subject to Building Code requirements for access.
(6) Building setback shall be subject to review and approval of the Building Official for building code and fire code
compliance. Setback to building overhang may be a 3-foot minimum or as required by current City building code
standards.
(7) Maximum height of a front yard courtyard wall shall be 30" maximum (solid wall) or 42" maximum (transparent/fence)
(8) The third floor must be stepped back from front and rear elevation to reduce building mass.
(9) Three car garages and swing in garages are prohibited on lots less than 55'wide.
(1°) Retaining walls up to 4 feet high may be used to create a usable level area. Retaining walls in excess of 4 feet to create
usable area are subject to review and approval of the Community Development Director. Retaining walls over 30 inches
in height are subject to safety criteria as determined by the Building Official.
(11) Where a minimum 5' HOA parcel lies between a lot and an adjacent street, the lot is not considered a corner lot and
interior lot setback standards shall apply.
(12) At cul-de-sac bulbs, knuckles and similar conditions where lot depths are less than the standard depth, minimum rear
yard setback requirements may be reduced by an amount equal to the min. lot depth minus the actual depth of the lot
(i.e.: I00'-90'=10'). In no case will the rear yard setback be reduced to less than 10'.
(13) Curbside parking may be counted toward required number of guest spaces. 2 covered side-by-side spots shall be
provided. 3rd car tandem spaces may not be utilized to meet the parking requirement, except for second unit parking
requirement.
(14) A Second Dwelling Unit is permitted in neighborhoods of lots 5,000 square feet or greater only. No more than one (I)
second dwelling unit is permitted per lot and requires one additional off-street parking space; tandem or uncovered
space would be permitted.
(1S) Second Dwelling Unit Coverage:The principal residence and a second dwelling unit combined shall not exceed the
maximum lot coverage.
(16) Driveway apron shall be centered on the garage door. In instances where 3-car front on garages are utilized the driveway
apron shall be centered on the entire front on garage plane.
(") Homes on corner lots to include enhanced side and rear elevations facing the street. Refer to Enhanced Lots Key for
Locations.
(181 Lots with visible side and,rear elevations that can be seen from off-site shall incorporation enhancement. Refer to
Enhanced Lots Key for Locations.
(18) Accessory Structure Setbacks will follow the City Dublin Zoning Ordinance, Chapter 8.40: Accessory Structures and
Uses Regulations.
(20) A low wall (30"or less) may encroach into the site line area. No solid structure above 30" shall be allowed; porch
columns excluded. .
(21) One story elements to include covered porches, loggia, etc. Second story decks on patios will be considered a 2 story
element.
(22) Courtyard wall to return to side yard fence or front plane of main residential structure.
(28) At least 60%of the originally constructed plans will have a second story that recesses at least five feet for 20%of the
front facade.
(14) Single story architectural projections may meet the 10'front setback.
(25) At rear elevations, there shall be a minimum 5-foot horizontal or vertical offset in the plan.
8 •
.a.
00 4 22
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i
tm
__ _ - 7 C r SAis-ettsi,4%, °4-.,/,~11-L-V
■
_ "°-- MOLLER RANCH
"®""".u*ue___ STAGE II PLANNED DEVELOPMENT
®
NEIGHBORHOOD KEY
6. Phasing Plan. Three neighborhoods shall be constructed in five phases as shown:
,LL
j f - Uiiivk' ..
�PH!SET x
/t',\" RASE S,� �- - `
.
.
\ , / .
uo MOLLER RANCH
p AAAAN STAGE II PLANNED DEVELOPMENT
e ° """ PHASING PLAN
o -- . .
me-- -.•
o .x�,
-' "' pmnwoan nun
7. Master/Preliminary Landscape Plan. [See Exhibit A, Landscape Guidelines, Sheets 1-
60]
9 .
8. Inclusionary Zoning Ordinance. Development of the Project Site is subject to the City's
Inclusionary Housing Ordinance. All subdivision maps and Site Development Reviews
are subject to compliance with applicable inclusionary requirements as a condition of
approval.
9. Development Concept and Architectural Guidelines. [See Exhibit B, Architectural
Guidelines, Sheets 1-33]
The neighborhood layout is shown below:
TT,rCl ,
3 f
\j� ! I 1
/!tab 1,-.;t
1 %5
ru=1 tTi 'Y I
j '
". /
rz rice r.- ' MOLLER RANCH
vaw E,, a°
® -ralac TT'''" - STAGE II PLANNED DE/ELOPMENT
— NEIGHBORHOOD KEY
10. Access & Circulation. Primary access to the project will be taken from a T-intersection
at Tassajara Road where a main access road follows the terrain of the natural drainage
area. The residential neighborhoods will be accessed via internal loop roads connecting
to the main road.
11. PD Zoning/Land Use Summary. The following table provides the acreage per land use
designation and unit count by residential product type.
PD ZONING/LAND USE SUMMARY TABLE FOR
Moller Ranch PLPA-2011-00003
•
. - Zoning/Land Use
1 Acres .
Units
Single-Family Residential (.09 to 6.0 units per.
acre) 79.6 0-478'
Rural ResidentiallAgriculture 136.8 1
(1 unit per 100 acres)
Medium Density Residential 0 0
. 10
1 (6.1 to 14.0 units per acre)
Open Space/Stream Corridor
7.6
Neighborhood Park
1.1
Semi-Public
1.2
Total" 226.3 479
*SEIR studied only 382 units. Vesting Tentative Map includes only 370 units
•
12. Public Facilities. Public Facilities shall be provided in accordance with any subsequent
Site Development Review specific to this Project Site.
SECTION 5. Other Zoning Regulations. Pursuant to the Dublin Zoning Ordinance, section
8.32.060.C, the use, development, improvement, and maintenance of the Project area shall be
governed by the provisions of the closest comparable zoning district as determined by the
Community Development Director and of the Dublin Zoning Ordinance except as provided in the
•
Stage 1/Stage 2 Development Plan.
SECTION 6. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City
Clerk of the City of Dublin shall cause this 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
18th day of December 2012, by the following votes:
•
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
•
•
ATTEST:
•
City Clerk
G:IPAt1120111PIPA-2011-00003 Moller Ranch BBLIPC Mfg 11.27.121CC Ord Moller PD Stage 1 and 2.doc
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ORDINANCE NO. XX - 12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
• BRADDOCK & LOGAN SERIVICES, INC. FOR MOLLER RANCH
(APNS 985-0001-001-01 and 985-0001-001-02)
PLPA-2011-00003
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed project known as Moller Ranch is located within the boundaries of
the Eastern Dublin Specific Plan, and is included in the approval for Planned Development
under PLPA-2011-00003.
B. A Development Agreement for Moller Ranch between the City of Dublin and
Braddock & Logan Services, Inc. ("Developer") has been presented to the City Council, Exhibit
A, attached hereto.
C. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines
Section 15168, the Developer's project is within the scope of the following environmental
documentation:
1. Program Environmental Impact Report for the General Plan Eastern Extended
Planning Area and the Eastern Dublin Specific Plan area, for which the City
Council certified a Program Environmental Impact Report by Resolution 51-93
("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May 10, 1993 (resolution
incorporated herein by reference),
2. Supplemental Environmental Impact Report (SCH #2005052146), was certified by
the City Council on May 1, 2007 by Resolution No. 56-07 which addressed
potential environmental impacts resulting from a plan proposed for Moller Ranch
and the adjacent 12.5-acre Tipper property ("Moller/Casamira Valley SEIR"),
3. Supplemental Environmental Impact Report ("Moller Ranch SEIR") (SCH
#2005052146) prepared for the Moller Ranch Project currently proposed pursuant
to the California Environmental Quality Act (CEQA) and the CEQA Guidelines and
certified by the City Council prior to adopting this Ordinance,
4. Statement of Overriding Considerations (Resolution 53-93, incorporated herein by
reference) and mitigation monitoring program intended to reduce impacts from
implementation of the plan. .
D. The Planning Commission has made its recommendation to the City Council for
approval of the Development Agreement by Resolution 12-46.
E. A public hearing on the proposed Development Agreement was held before the
City Council on December 18, 2012 for which public notice was given as provided by law.
F. The City Council has considered all prior CEQA documents and analysis, the
recommendation of the Planning Commission, including the Planning Commission's reasons for
its recommendation, the Agenda Statement, all comments received in writing, and all testimony
received at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b)
the City of Dublin General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the
Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (f) the Moller/Casamira Valley SEIR,
(g) the Moller Ranch SEIR, (g) the Agenda Statement, and on the basis of the specific
conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general
land uses and programs specified and contained in the City's General Plan, as
amended by the Eastern Dublin General Plan Amendment, and in the Specific
Plan in that:
a) The General Plan and Specific Plan land use designation for the site, subject to
City Council approval of PLPA-2011-00003 is Single-Family Residential, Rural
Residential/Agriculture, Open Space/Stream Corridor, Semi-Public, and
Neighborhood Park,
b) The proposed project is consistent with the designated land use,
c) The proposed project is consistent with the,fiscal policies of the General Plan
• and Specific Plan with respect to the provision of infrastructure and public
services, and
d) The Development Agreement includes provisions relating to vesting of
development rights and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is
located in that the project approvals include: General Plan and Specific Plan
amendments, Stage 1 Planned Development rezone with a related Stage 2
Development Plan, and Vesting Tentative Map 8012.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Developer's project will implement
land use guidelines set forth in the General Plan and the Specific Plan which have
been planned for Single-Family Residential, Rural Residential/Agriculture, Open
Space/Stream Corridor, Semi-Public, Neighborhood Park, and infrastructure uses
at this location.
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4. The Development Agreement will not be detrimental to the health, safety and
general welfare in that the Developer's project will proceed in accordance with all
the programs and policies of the Eastern Dublin Specific Plan.
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5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent
with the General Plan and with the Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the
Ordinance) and authorizes the Mayor to execute it. •
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the
City Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 22nd day of
January 2013, by the following votes:
AYES:
NOES:
ABSENT: -
ABSTAIN:
Mayor
ATTEST:
• City Clerk
G:1PA#120111PLPA-2011-00003 Moller Ranch B&LIPC Mfg 11.13.121CC Ord Moller DA 11.13.12.doc
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND •
MOLLER RE INVESTORS, LLC
FOR THE MOLLER RANCH PROJECT •
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THIS DEVELOPMENT AGREEMENT (this "Agreement" or this
''Development Agreement") is made and entered in the City of Dublin on this
day of , 2012, by and between the CITY OF DUBLIN, a Municipal
Corporation (hereafter "City") and Moller RE Investors, LLC, a California limited •
liability company (hereafter "Developer") pursuant to the authority of §§ 65864 et
seq. of the California Government Code and Dublin Municipal Code, Chapter
8.56. City and Developer are, from time-to-time, individually referred to in this
Agreement as a "Party," and are collectively referred to as "Parties."
RECITALS
A. California Government Code §§65864 et seq. ("Development
Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter
"Chapter 8.56") authorize the City to enter into a Development Agreement for the
development of real property with any person having a legal or equitable interest
in such property in order to establish certain development rights in such property.
B. Developer intends to purchase, desires to develop, and holds an
equitable interest in certain real property consisting of approximately 226.3 gross
acres of land, located in the City of Dublin, County of Alameda, State of
California, which is more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and which real property is hereafter called
the "Property."
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C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property. The Eastern
Dublin Specific Plan requires Developer to enter into a development agreement
as a condition of the development of the Property.
D. Developer proposes the development of the Property as a single-
family residential project of a maximum of 382 units on approximately 79.6 acres
of the Property ("the Project").
E. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including, without limitation, a General Plan Amendment (City Council
Resolution No. ), an amendment to the Eastern.Dublin Specific Plan (City
Council Resolution No. ); a Planned Development District Rezoning
including Stage 1 and Stage 2 Development Plans (Ord. No. ); and a
vesting tentative tract map that would create the parcels on which the project
would be constructed (Planning Commission Resolution No. ). All such
approvals collectively, together with any approvals or permits now or hereafter
issued with respect to the Project are referred to as the "Project Approvals."
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F. Development of the Property by Developer may be subject to
certain future discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective.
G. City desires the timely, efficient, orderly and proper development of
the Project.
H. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
the Development Agreement Statute and Chapter 8.56.
City and Developer have reached agreement and desire to express
herein a Development Agreement that will facilitate development of the Project
subject to conditions set forth herein.
J. Development of the Property was addressed in the Eastern Dublin
ER, certified through City Council Resolution 51-93 on May 10, 1993, and in the
Casamira Valley/Moller Ranch Project Supplemental ER, certified through City
Council Resolution 56-07 on May 1, 2007. Pursuant to California Environmental
Quality Act (CEQA) § 21166 and CEQA Guidelines sections 15162 and 15163,
the City certified a Supplemental ER for the Project (City Council Resolution
K. On WIZ— the City Council of the City of Dublin adopted
Ordinance Not -,approving this Development Agreement fthe Approving
Ordinance"). The Approving Ordinance will take effect on ("the
Approval Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows: -
AGREEMENT
1. Description.of Property:
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
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2. . Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
has the'rightto purchase the Property under the Purchase and Sale Agreement,
3. Relationship of City and Developer.
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It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by the City and Developer and that the Developer is
not an agent of the City. The City and Developer hereby renounce the existence
of any form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1 Effective Date. This agreement shall be effective on the
Approval Date ("the Effective Date").
4.2 Term. The term of this Agreement shall commence on the
Effective Date and extend five (5) years thereafter, unless said term is otherwise
terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
5.1 Right to Develop. Developer shall have the vested right to.
develop the Project on the Property in accordance with the terms and conditions
of this Agreement, the Project Approvals (as and when issued), and any
amendments to any of them as shall, from time to time, be approved pursuant to
this Agreement. Such amendments, such as to Site Development Review or
Tentative Map project approvals, once effective shall become part of the law
Developer is vested into without an additional amendment of this Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the
density and intensity of use, the maximum height, bulk and size of proposed
buildings, provisions for reservation or dedication of land for public purposes and
location and maintenance of on-site and off-site improvements, location of public
utilities (operated by the City) and other terms and conditions of development
applicable to the Property, shall be those set forth in this Agreement, the Project
Approvals and any amendments to this Agreement or the Project Approvals
(subject to the provisions of Section 5.1).
5.3 Additional Conditions. Provisions for the following
("Additional Conditions") are set forth in Exhibit B attached hereto and
incorporated herein by reference.
5.3.1 Subsequent Discretionary Approvals. Conditions,
terms, restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all other land
use approvals required by the ordinances of the City ofDublin or other approvals
from regulatory agencies.)
See Exhibit B
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5.3.2 Mitigation Conditions. Additional or modified
conditions agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development of the
• Project.
See Exhibit B
5.3.3 Phasing, Timing. Provisions that the Project be
constructed in specified phases, that construction shall commence within a
specified time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5:3.4 Financing Plan. Financial plans which identify
necessary capital improvements such as streets and utilities and sources of
• funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of fees
or dedication of property.
• See Exhibit B
• 5.3.6 Reimbursement. Terms relating to subsequent
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reimbursement over time for financing of necessary public facilities. .
See Exhibit B
5.3.7 Miscellaneous. Miscellaneous terms.
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See Exhibit B
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6. Applicable Rules, Regulations and Official Policies.
6.1 Rules Regarding Permitted Uses. For the term of this
Agreement, the City's ordinances, resolutions, rules, regulations and official
policies governing the permitted uses of the Property, governing density and
intensity of use of the Property and the maximum height, bulk and size of
• proposed buildings shall be those in force and effect on the Approval Date of the
Agreement.
6.2 Rules Regarding Design and Construction. Unless
otherwise expressly provided in Paragraph 5 of this Agreement, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect at the time of the applicable discretionary approval,
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whether the date of that approval is prior to or after the date of this Agreement.
Ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards and specifications applicable to public
improvements to be constructed by Developer shall be those in force and effect
• at the time of the applicable discretionary approval, whether the date of approval •
is prior to or after the date of this Agreement.
6.3 Uniform Codes Applicable. The Project shall be constructed
in accordance with the provisions of the Uniform Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, in effect at the time the Developer submits its
application for the appropriate building, grading, encroachment, or other _.
construction permits for the Project.
7. Subsequently Enacted Rules and Regulations.
7.1 New Rules and Regulations. During the term of this
Agreement, the City may apply new or modified ordinances, resolutions, rules,
regulations and official policies of the City to the Property which were not in force
and effect on the Effective Date of this Agreement and the Project Approvals and
which are not in conflict with those applicable to the Property as set forth in this
• Agreement if: (a) the application of such new or modified ordinances,
resolutions, rules, regulations or official policies would not prevent, impose a
substantial financial burden on, or materially delay development of the Property
as contemplated by this Agreement and the Project Approvals and (b) if such
ordinances, resolutions; rules, regulations or official policies have general
applicability. Consistent with Government Code Section 66498.2 (applicable to
vesting tentative maps), in the event City subsequently changes its ordinances,
policies or standards during the term of this Agreement, such changed
ordinances, policies, or standards shall automatically apply to secure the vested
right for Developer to proceed with the Project under such changes, provided
Developer notifies City in writing that it elects to apply such changes and clearly
specifies such changes to the City's ordinances, policies and standards.
7.2 Approval of Application. Nothing in this Agreement shall
prevent the City from denying or conditionally approving any subsequent land
use permit or authorization for the Project on the basis of such new or modified
ordinances, resolutions, rules, regulations and policies except that such
• subsequent actions shall be subject to any conditions, terms; restrictions, and
requirements expressly set forth herein.
7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of the City, by initiative, referendum, or otherwise,
• that imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property;
the City agrees that such ordinance, resolution or other measure shall not apply.
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to the Project, the Property, this Agreement or the Project Approvals unless the •
building moratorium is imposed as part of a declaration of a local emergency or
• state of emergency as defined in Government Code § 8558.
• 8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications. The City and Developer
agree that this Agreement does not limit the City's discretion to impose or require
payment of any fees in connection with the development of the Project for
purposes of mitigating environmental and other•impacts of the Project, the
dedication of any land, or the construction of any public improvement or facilities.
Furthermore, Developer agrees that notwithstanding any rights it may obtain
under its vesting tentative map, the City may impose or increase any such fees
on the Project, payment of which is typically required at building permit or final
map approval, even if those fees or charges were increased or first enacted after
Developer's application for the vesting tentative map was deemed complete.
8.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term of this
Agreement shall apply to the Project provided that (1) such fees have general
applicability; (2) the application of such fees to the Property is prospective only;
and (3) the application of such fees would not prevent, impose a substantial
financial burden on, or materially delay development in accordance with this
Agreement.
8.3 New Taxes. Any subsequently enacted city-wide taxes shall
apply to the Project provided that: (1) the application of such taxes to the
Property is prospective; and (2) the application of such taxes would not prevent
development in accordance with this Agreement.
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8.4 Assessments. Nothing herein shall be construed to relieve
the Property from assessments levied against it by the City pursuant to any
• statutory procedure for the assessment of property to pay for infrastructure
•
and/or services which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that
any assessment, fee or charge which is applicable to the Property is subject to
Article XIIID of the Constitution and Developer does not return its ballot,
Developer agrees, on behalf of itself and its successors, that the City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
charge.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws.
• In the event that state or federal laws or regulations enacted after the Effective
Date of this Agreement prevent or preclude compliance with one or more
provisions of this Agreement or require changes in plans, maps or permits
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approved by the City, the parties shall meet and confer in good faith in a
reasonable attempt to modify this Agreement to comply with such federal or state
law or regulation. Any such'amendment or suspension of the Agreement shall
be subject to approval by the City Council in accordance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be
amended in writing from time to time by mutual consent of the parties hereto and
in accordance with the procedures of State law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions •
of the preceding paragraph 9.2, any amendments to this Agreement which do not
relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the
permitted uses of the Property as provided in paragraph 5.2; (c) provisions for
"significant" reservation or dedication of land as provided in Exhibit B; (d)
conditions, terms, restrictions or requirements for subsequent discretionary
actions; (e) the density or intensity of use of the Project; (f) the maximum height
or size of proposed buildings; or (g) monetary contributions by Developer as
provided in this Agreement, shall not, except to the extent otherwise required by
law, require notice or public hearing before either the Planning Commission or
the City Council before the parties may execute an amendment hereto. The
City's Public Works Director shall determine whether a reservation or dedication
is "significant".
9.4 Cancellation by Mutual Consent. Except as otherwise
permitted herein, this Agreement may be canceled in whole or in part only by the
mutual consent of the parties or their successors in interest, in accordance with
the provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and
Exhibit B of this Agreement prior to the date of cancellation shall be retained by
the City.
10. Term of Project Approvals. Pursuant to California Government
Code Section 66452.6(a), the term of any vesting tentative map described above
• shall automatically be extended until-the later of the following: (1) the end of the
term of this Agreement; or (2) the end of the term or life of any such vesting
tentative map otherwise given pursuant to the Subdivision Map Act or local
• regulation-not in conflict with the Subdivision Map Act. The term of any other
Project Approval shall be extended only if so.provided in Exhibit B.
• 11. Annual Review.
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11.1 Review Date. The annual review date for this Agreement
shall be between July 15 and August 15, 2013 and thereafter between each July
15 and August 15 during the Term. -
. 11.2 . Initiation of Review. The City's Community Development
Director shall initiate the annual review, as required under Section 8.56.140 of •
i Chapter 8.56; by giving to Developer thirty (30) days' written notice that the City .
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intends to undertake such review. Developer shall provide evidence to the
Community Development Director prior to the hearing on the annual review, as
and when reasonably determined necessary by the Community Development
Director, to demonstrate good faith compliance with the provisions of the
Agreement. The burden of proof by substantial evidence of compliance is upon
the Developer.
11.3 Staff Reports. To the extent practical, the City shall deposit
in the mail and fax to Developer a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) business days prior to any
annual review.
11.4 Costs. Costs reasonably incurred by the City in connection
with the annual review shall be paid by Developer in accordance with the City's
schedule of fees in effect at the time of.review.
12. Default.
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12.1 Other Remedies Available. Upon the occurrence of an event
of default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in the City's regulations
governing development agreements, expressly including the remedy of specific
performance of this Agreement.
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12.2 Notice and Cure. Upon the occurrence of an event of default
by either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
• equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damages Against City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against the
City upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate. Either party may, at any time, and from time
to time, request written notice from the other party requesting such party to certify
in writing that, (a) this Agreement is in full force and effect and a binding
obligation of the parties, (b) this Agreement has not been amended or modified
either orally or in writing, or if so amended, identifying the amendments, and (c)
to the knowledge of the certifying party the requesting party is not in default in the
performance of its obligations under this Agreement, or if in default, to describe
therein the nature and amount of any such defaults. A party receiving a request
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hereunder shall execute and return such certificate within thirty (30) days
following the receipt thereof, or such longer period as may reasonably be agreed
to by the parties. City Manager of the City shall be authorized to execute any
certificate requested by Developer. Should the party receiving the request not
execute and return such certificate within the applicable period, this shall not be
deemed to be a default, provided that such party shall be deemed to have
certified that the statements in clauses (a) through (c) of this section are true, and - .
any party may rely on such deemed certification. •
14. Mortgagee Protection; Certain Rights of Cure. •
14.1 Mortgagee Protection. This Agreement shall be superior
and senior to any lien placed upon the Property, or any portion thereof after the
date of recording this Agreement, including the lien for any deed of trust or •
mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall
defeat, render invalid, diminish or impair the lien of any Mortgage made in.good
faith and for value, but all the terms and conditions contained in this Agreement
shall be binding upon and effective against any person or entity, including any
deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the
Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of
foreclosure, or otherwise.
14.2 Mortgagee Not Obligated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements,or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement. •
14.3 Notice of Default to Mortgaqee and Extension of Ri•ht to
Cure. If the City receives notice from a Mortgagee requesting a copy of any
notice of default given Developer hereunder and specifying the address for . •
service thereof, then the City shall deliver to such Mortgagee, concurrently with
• 'service thereon to Developer, any notice given to Developer with respect to any •
claim by the City that Developer has committed an event of default. Each
Mortgagee shall have the right during the same period available to Developer lb
cure or remedy, or to commence to cure or remedy, the event of default claimed
•
'set forth in the City's notice. The City, through its City Manager, may extend the •
thirty-day cure period provided in paragraph 12.2 for not more than an additional'
sixty (60) days upon request of-Developer or a Mortgagee.
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15. Severability. The unenforceability, invalidity or illegality of any
provisions, covenant, condition or term of this Agreement shall not render the
other provisions unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs. If the City or Developer initiates any
action at law or in equity to enforce or interpret the terms and conditions of this
Agreement, the prevailing party shall be entitled to recover reasonable attorneys'
fees and costs in addition to any other relief to which it may otherwise be entitled.
If'any person or entity not a party to this Agreement initiates an action at law or in
equity to challenge the validity of any provision of this Agreement or the Project
Approvals, the parties shall cooperate in defending such action. Developer shall
bear its own costs of defense as a real party in interest in any such action, and
shall reimburse the City for all reasonable court costs and attorneys' fees
expended by the City in defense of any such action or other proceeding.
17. Transfers and Assignments.
17.1 Right to Assign. Developer may wish to sell; transfer or
assign all or portions of its Property to other developers (each such other
developer is referred to as a "Transferee"). In connection with any such sale,
transfer or assignment to a Transferee, Developer may sell, transfer or assign to
such Transferee any or all rights, interests and obligations of Developer arising
hereunder and that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of Developer's rights, interests and obligations hereunder shall occur
without prior written notice to City and approval by the City Manager, which
approval shall not be unreasonably withheld, denied or delayed. City Manager •
shall provide a written explanation for any denial of a request for assignment.
• Notwithstanding the foregoing, provided notice is given as specified above, no
City approval shall be required for any.transfer, sale, or assignment of this
Agreement to: 1) any entity which is an affiliate or subsidiary of Developer; 2) any
Mortgagee; or 3) any transferee of a Mortgagee.
17,2 Approval and Notice of Sale, Transfer or Assignment. The
City Manager shall.consider and decide on any transfer, sale or assignment
within ten (10) days after Developer's notice, provided all necessary documents,
certifications and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations
• that have been transferred and those which have been retained by Developer)
shall be recorded in the official records of Alameda County, in a form acceptable
to the City Manager, concurrently with such sale, transfer or assignment.
17.3 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of Developer's rights, interests and obligations hereunder
pursuant to Paragraph 17.1 of this Agreement, Developer shall be released from
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the obligations under this Agreement, with respect to the Property transferred,
sold, or assigned, arising subsequent to the date of City Manager approval of
such transfer, sale, or assignment;.provided, however, that if any transferee,
purchaser, or assignee approved by the City Manager expressly assumes all of
the rights, interests and obligations of Developer under this Agreement,
Developer shall be released with respect to all such rights, interests and
assumed obligations. In any event, the transferee, purchaser, or assignee shall
be subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval.
17.4 Developer's Right to Retain Specified Rights or Obligations.
Notwithstanding Paragraphs 17.1, 17.2 and 17.3 and Paragraph 18, Developer
may withhold from a sale, transfer or assignment of this Agreement certain rights, '
interests and/or obligations which Developer shall retain, provided that Developer
specifies such rights, interests and/or obligations in a written document to be
appended to this Agreement and recorded with the Alameda County Recorder
prior to the sale, transfer or assignment of the Property. Developer's purchaser,
transferee or assignee shall then have no interest or obligations for such rights,
interests and obligations and this Agreement shall remain applicable to
Developer with respect to such retained rights, interests and/or obligations.
17.5 Termination of Agreement Upon Sale of Individual Lots to
Public. Notwithstanding any provisions of this Agreement to the contrary, the
burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individually (and not in "bulk") leased (for a period of longer than
one year) or sold to the purchaser or user thereof and thereupon and without the
execution'or recordation of any further document or instrument such lot shall be
• released from and no longer be subject to or burdened by the provisions of this
Agreement; provided, however, that the benefits of this Agreement shall continue
to run as to any such lot until a building is constructed on such lot, or until the
termination of this Agreement, if earlier, at which time this Agreement shall •
terminate as to such lot.
18. Agreement Runs with the Land. All of the provisions, rights, terms,
covenants, and obligations contained in this Agreement shall be binding upon the
Parties and their respective heirs, successors and assignees, representatives,
lessees; and all other persons acquiring the Property, or any portion thereof, or
any interest therein, whether by operation of law or in any manner whatsoever.
All of the provisions of this Agreement shall be enforceable as equitable
servitudes and shall constitute covenants running with the land pursuant to
applicable laws, including, but not limited to, Section 1468 of the Civil Code of the
State of California. Each covenant to do, or refrain from doing, some act on the
Property hereunder, or with respect to any owned property, (a) is for the benefit
of such properties and is a burden upon such properties, (b) runs with such
properties, and (c) is binding upon each party and each successive owner during
its ownership of such properties or any portion thereof,and shall be a benefit to
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and a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
19. Bankruptcy. The obligations of this Agreement shall not be
dischargeable in bankruptcy.
20. Indemnification. Developer agrees to indemnify, defend and hold
harmless the City, and its elected and appointed councils, boards, commissions,
officers, agents, employees, and representatives from any and all claims, costs
(including legal fees and costs) and liability for any personal injury or property
damage which may arise directly or indirectly as a result of any actions or
inactions by the Developer, or any actions or inactions of Developer's
contractors, subcontractors, agents, or employees in connection with the
construction, improvement, operation, or maintenance of the Project, provided
that Developer shall have no indemnification obligation with respect to
negligence or wrongful conduct of the City, its contractors, subcontractors,
agents or employees or with respect to the maintenance, use or condition of any
improvement after the time it has been dedicated to and accepted by the City or
another public entity (except as provided in an improvement agreement or
maintenance bond). If City is named as a party to any legal action, City shall
cooperate with Developer, shall appear in such action and shall not unreasonably
withhold approval of a settlement otherwise acceptable to Developer.
21. Insurance.
21.1 Public Liability and Property Damage Insurance. During the
term of this Agreement, Developer shall maintain in effect a policy of
comprehensive general liability insurance with a per-occurrence combined single
limit of not less than one million dollars ($1,000,000.00) with a One Hundred
Thousand Dollar ($100,000) self insurance retention per claim. The policy so
maintained by Developer shall name the City as an additional insured and shall
include either a severability of interest clause or cross-liability endorsement. •
21.2 Workers Compensation Insurance. During the term of this
• Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
• 21.3 Evidence of Insurance. Prior to.City Council approval of this
Agreement,Developer shall furnish the City satisfactory evidence of the
insurance required in Sections 21.1 and 21.2. The insurance shall extend to the
City, its elective and appointive boards, commissions, officers, agents,
employees and representatives and to Developer performing work on the Project.
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22. Sewer and Water. Developer acknowledges that it must obtain
water and sewer permits from the Dublin San Ramon Services District
("DSRSD") which is another public agency not within the control of the-City.
23. Notices. All notices required or provided for under this Agreement
shall be in writing. Notices required to be given to the City shall be addressed as
follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Moller RE Investors, LLC
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94506
Attention: Jeff Lawrence
I A party may change address by giving notice in writing to the other party and
thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Agreement is Entire Understanding. This Agreement constitutes
the entire understanding and agreement of the parties.
25. Exhibits. The following documents are referred to in this
Agreement and are attached hereto and incorporated herein as though set forth
in full:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26, Counterparts. This Agreement is executed in three (3) duplicate
originals, each of which is deemed to be an original.
27. Recordation. City shall record a copy of this Agreement within ten
days following execution by all parties. Failure of the City to comply with this
Paragraph shall not affect the'rights and obligations of the parties under this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN DEVELOPER
MOLLER RE INVESTORS, LLC
By: a California limited liability company
Joni Pattillo, City Manager
By: Braddock and Logan Services,
Inc., a California corporation
Attest: Its: Manager
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• Caroline Soto, City Clerk
Lc.. /4:0/ (k -
Approved as to form
John Bakker, City Attorney
1980867.7
(NOTARIZATION ATTACHED)
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• CALIFORNIA ALL-PURPOSE ACKNOWLEf GHENT •
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•
NANCY E. EMBREY Instrument the person(a)s or the entity upon behalf of
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°fir, Notary Public-California
9 Contra Costa County '-r 1 certify under PENALTY OF PERJURY under the laws
9_ • •r My Comm.Expires Aug 1,2013 T of the State of California that the foregoing paragraph is
true and correct.
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WITNESS my hand and official seal.
Signature .Gt--r■ c
Pane Wary Seal Above Sign rue of Notary Public
OPTIONAL
Though the Information below is not required by law,it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document P
Title or Type of Document: QLi&X�s-fi r/11p�.� I ' \�^"� \ I�le12-�'Xt_1
Document Date: Nu' er at Pages: `-'(
Signer(s)Other Than Named Above: (' .a 'Lc, 01)
Capacity(ies) Claimed by Signer(s)
Signers Name: • Signer's Name:
❑ Individual O Individual
❑ Corporate Oficer—Title(s): ❑Corporate Officer—Title(s):
• ❑ Partner—❑ Limited ❑General ❑Partner—❑Limited ❑General
9ICHVWUMW3RPIr; 9lcl f.DhUMBPFINt.
❑ Attorney In Fact ' fOESIGNm=s". ❑Attorney in Fact _- oastsNeaca^;
❑ Trustee Top of thumb here ❑Trustee Top ol thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other: •
•
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Signer is Representing: _ Signer Is Representing:
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0200?National Notary Asscdaton•9350 De Solo awe,RO Box 2402•Chalsvot CA 21313-2402•w.vwNatov3do:eryohp Item kS907 Reo.erCee To Free1-5008766827
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Exhibit A
Legal Description of Property •
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Order Number: 0131-6177610Na
Page Number: 6
LEGAL DESCRIPTION
Real property In the City of Dublin , County of Alameda, State of California,described as follows:
BEING PORTIONS OF PARCELS ONE AND TWO AS DESCRIBED IN THE DEED TO RICHEY TRUST, ET AL,
RECORDED ON NOVEMBER 09, 2001 IN DOCUMENT NUMBER 2001440482, OFFICIAL RECORDS OF
ALAMEDA COUNTY, LYING SOUTH OF THE ALAMEDA AND CONTRA COSTA COUNTY LINE, DESCRIBED
AS FOLLOWS:
•
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 2 SOUTH, RANGE 1 EAST,
MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE SOUTHERN LINE OF SAID SECTION 21,
NORTH 89°20'13"WEST, 1866.04 FEET TO THE MOST EASTERN CORNER OF SAID PARCEL 2; THENCE
LEAVING SAID SOUTHERN LINE AND ALONG THE SOUTHEASTERN LINE OF SAID PARCEL 2, SOUTH
31°01'01"WEST, 953,44 FEET;THENCE SOUTH 33°23'01"WEST, 138.12 FEET TO THE CENTER LINE OF
COUNTY ROAD NO. 2568 (TASSAJARA ROAD);THENCE LEAVING SAID SOUTHEASTERN LINE,ALONG
SAID CENTER LINE NORTH 13°02'00"WEST, 196.69 FEET TO A CURVE TO THE LEFT HAVING A RADIUS
OF 800.00 FEET,A DELTA OF 26°03'30";THENCE ALONG SAID CURVE AN ARC LENGTH OF 363.84
FEET; THENCE NORTH 39°05'30"WEST, 637.44 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS
OF 800,00 FEET,A DELTA OF 45°10'30";THENCE ALONG SAID CURVE AN ARC LENGTH OF 630.76
FEET;THENCE NORTH 06°05'00"EAST, 86.18 FEET TO THE ALAMEDA/CONTRA COSTA COUNTY LINE;
THENCE ALONG SAID COUNTY LINE,NORTH 73°50'29"EAST, 1344.67 FEET; THENCE NORTH 73°51'13"
EAST, 594.30 FEET; THENCE NORTH 73°51'45"EAST,4164.60 FEET;THENCE LEAVING SAID COUNTY
LINE, SOUTH 01°07'46"WEST, 2501.72 FEET TO THE SOUTHERN LINE OF SECTION 22,TOWNSHIP 2
SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG LAST SAID LINE,
NORTH 89°20'49"WEST, 2610.32 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE BOUNDARY LINES OF
TASSAJARA ROAD OR COUNTY ROAD NO. 2568.
BEING"NEW PARCEL 1"AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE AND
BOUNDARY ADJUSTMENT, BA 12-07, RECORDED JULY 2, 2008 AS INSTRUMENT NO. 20080205093 OF
OFFICIAL RECORDS.
APN: 985-0001-001-01
it
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First American Title
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 —Subsequent Discretionary Approvals
None.
Subparagraph 5.3.2— Mitigation Conditions
Subsection a. Infrastructure Sequencing Program
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific road, sidewalk and landscape improvements
(and offers of dedication) identified in Commission Resolution No.
approving vesting tentative map (the "VTM Resolution") shall be
completed by Developer to the satisfaction and requirements of the Public Works
Director at the times and in the manner specified in the VTM Resolution unless
otherwise provided below.
(ii) Sewer:
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water:
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval. .
(iv) Storm Drainage:
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The storm drainage systems off-site, as well as on-site drainage
systems for the areas to be occupied, shall be improved consistent with the
tentative map conditions of approval and to the satisfaction and requirements of
the Dublin Public Works Department applying the City's and Zone 7 (Alameda
County Flood Control and Water Conservation District, Zone 7) standards and
policies which are in force and effect at the time of issuance of the permit for the
proposed improvements. Pursuant to Alameda County's National Pollution
Discharge Elimination Permit (NPDES) No. CAS0029831 with the California
Regional Water Quality Control Board, or pursuant to subsequent permits
adopted by the Board, all grading, construction and development activities within
the City of Dublin must comply with the provisions of the Clean Water Act.
Proper erosion control measures must be installed at development sites within
the City during construction, and all activities shall adhere to Best Management
Practices.
(v) Other Utilities (e.g. gas, electricity, cable televisions,
telephone):
Construction shall be completed by phase prior to issuance
of the first Certificate of Occupancy for any building within that specific phase of
occupancy for the Project.
Subsection b. Miscellaneous
(i) Completion May Be Deferred.
Notwithstanding the foregoing, the City's Public Works Director
may, in his or her sole discretion and upon receipt of documentation in a form
satisfactory to the Public Works Director that assures completion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
Subparagraph 5.3.3 — Phasing, Timing
This Agreement contains no requirements that Developer must initiate or
complete development of the Project within any period of time set by the City. It
is the intention of this provision that Developer be able to develop the Property in
accordance with its own time schedules and the Project Approvals. _
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Subparagraph 5.3.4— Financing Plan
Developer will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. If so required by Dublin San Ramon Services District,
Developer will enter into an Area Wide Facilities Agreement" with the Dublin San
Ramon Services District to pay for the cost of extending such services to the
Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii)
and (iii) above.
Subparagraph 5.3.5 — Fees, Dedications
None
Subparagraph 5.3.6 — Reimbursement
None •
Subparagraph 5.3.7 — Miscellaneous
Subsection a. Fallon Road and Tassajara Road Interchange
Advances.
Certain improvements to the I-580/Tassajara Road Interchange
("Tassajara Interchange Improvements") and the I-580/Fallon Road & El Charra
Road Interchange ("Fallon Interchange Improvements") (collectively the
"Interchange Improvements") were constructed in order to facilitate development
in the Eastern Dublin, which includes the Property. City has previously entered •
• into agreements for funding the construction of the Interchange Improvements
with developers of property within the City. Pursuant to the Tassajara
Interchange funding agreements, developers advanced the funding necessary to
the City for improvement of the Tassajara Interchange Improvements. The Lin
Family has advanced monies to the City needed for the Fallon Interchange
•Improvements. All of the funding agreements require the City to seek •
reimbursement from non-contributing developers prior to the issuance of building
permits to the non-contributing developer. The Property and the Project benefit
from the construction of the Interchange Improvements.
Subsection i. Fallon Interchange Fee Advance.
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The Developer shall advance its fair share portion of costs advanced for
construction of improvements to the Fallon Road/I-580 Interchange. The advance
will be payable at the time of filing of the first final map. The advance required is
based on the total amount advanced to the City by the Lin Family that remains
outstanding at the time that the advance is made, multiplied by the fair share
percentage of 1.5547%. The fair share percentage (1.5547%) was calculated by
determining the percentage that the Project's trips bears to the total trips
responsible for the interchange. The amount of the advance shall be calculated
using the then-outstanding balance as of the first final map. In the event multiple
maps are filed the full amount due shall be collected with the first map.
As of October 2, 2012, the total amount advanced by the Lin Family that
remained outstanding was $7,226,450. Since the advance does not bear
interest, and since the Lin Family will not be making an additional advances, it is
not anticipated that the amount outstanding would increase. Thus, were the
advance made on October 2, 2012, it would have been $112,349.62.
Subsection ii. Tassajara Interchange Fee Advance.
The Developer shall advance its fair share portion of costs advanced by
the developers for construction of improvements to the Tassajara Road/I-580
Interchange. The advance will be payable at the time of filing of the first final
map. The advance required is based on the total amount advanced to the City
by the Lin Family that remains outstanding at the time that the advance is made,
multiplied by the fair share percentage of 1.2907%. The fair share percentage
(1.2907%) was calculated by determining the percentage that the project's trips
bears to the total trips responsible for the interchange. The amount shall be
calculated using the then-outstanding balance as of the first final map. In the
event multiple maps are filed the full amount due shall be collected with the first
map; .
•
As of June 30, 2012, the total amount advanced by other developers that
remained outstanding was $3,954,841 Since the advance does not bear interest,
and since the developers will not be making an additional advances, it is not
• anticipated that the amount outstanding would increase. Thus, were the advance
made on June 30, 2012, it would have been $51,294.42.
Subsection iii. TIF Credits for Advances.
City will provide a credit to Developer in the amount of Developer's
advances under subsections i and ii above to be used by Developer against
payment of certain obligations of the Eastern Dublin Traffic Impact Fee ("TIF").
In accordance with the City's TIF Guidelines (Resol. 20-07), establishment of the
credit shall require the payment of an administrative fee. The use of credits .
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(including limitations on the use of credits) and manner of conversion of the credit
to a right of reimbursement will be as set forth in the City's TIF Guidelines,
subject to the following provisions: (a) the credit shall be granted at the time
Developer makes the advance required by this condition; (b) the credit created
as a result of the payment required by Subsection i may be used only to satisfy
Section 1 TIF obligations; and (c) the credit created as a result of the payment
required by Subsection ii may be used only to satisfy Section 2 TIF obligations.
Subsection b. Fire Impact Fee Advance
The City is party to an agreement with DR Acquisitions, LLC, dated
October 16, 2001, whereby DR Acquisitions, LLC advanced funds to the City for
the construction of Fire Station 18. The agreement obligates the City to seek
payments from applicants for land use entitlements to reimburse DR Acquisitions
for their fair share of DR Acquistions's advance. Pursuant thereto, the Developer
shall, prior to the first final map, make an payment to City calculated as follows:
The total amount advanced to the Fire Facilities Fee Program by DR
Acquisitions, LLC and the City General Fund that still remain outstanding at the
time that the advance is made shall be multiplied by the percentage of acreage
(6.87%) that the Property (226.3 acres) bears to the total acreage of the Eastern
Dublin area (3293.13 acres). The payment required hereto will be used by the
City to reimburse DR Acquisitions, LLC for its advance of costs to the Fire
Facilities Fee program to construct and equip the new Eastern Dublin fire station
(Fire Station 18) and to reimburse the City General Fund for its loan of funds to
the Fire Facilities Fee program for Fire Station 17 Construction.
The total amount advanced was $8,138,163 (consisting of$5,996,345
advanced by DR Acquisition and $2,141,818 advanced by the City General
Fund). The calculated amount of the advances outstanding as of June 30, 2012
is $4,221,052 (consisting of$2,862,137.80 advanced by DR Acquisitions and
$1,358,914.47 advanced by the City General Fund). This outstanding amount is
lower than the total advance because it excludes credits transferred by DR
Acquisitions, LLC to other entities and because the City General Fund loan has
been repaid as Fire Facilities Fees have been collected. However, because the
City loan is interest bearing, the amount outstanding could possibly increase as
well as decrease. Thus, for illustrative purposes, had the advance been made in
July 2012, it would have been $289,986.27. The amount shall be calculated
using the then-outstanding balance as of the first final map. In the event multiple
• maps are filed the full amount clue shall be collected with the first map.
City will provide a credit against the Fire Facilities Fee to developer in the
amount of developer's advance of monies pursuant to this condition. Developer
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shall be responsible for the payment of an Administrative Fee to establish the
credit. The credit may be used by developer against payment of Fire Facilities
Fee on this property or any property where Developer has an interest in the City
of Dublin. The amount of the credit, once established, shall not be increased for
inflation and shall not accrue interest. The credits with written notice to City, and
payment of an administrative fee, may be transferred by developer to another
developer of land in Dublin.
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