HomeMy WebLinkAbout6.1 Jordan Rch Croak Prop
STAFF REPORT CITY CLERK
File #670-40
CITY COUNCIL
DATE:July 16, 2013
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Resolution Determining that Public Interest and Necessity Require the Acquisition
of a Roadway Easement and Two Slope and Drainage Easements from APN
905-0002-001-01 (Portion) for the Central Parkway Extension from the Jordan
Ranch Development
Prepared by John Bakker, City Attorney and Andrew Russell, City Engineer
EXECUTIVE SUMMARY:
The proposed Resolution of Necessity (Attachment 1) would authorize the commencement of an
eminent domain action to acquire a Roadway Easement and two Slope and Drainage
Easements from the property located on the west side of Croak Road, Assessor’s Parcel
Number 905-0002-001-01 (portion) for the proposed extension of Central Parkway from the
Jordan Ranch Development to Croak Road (the “Project”). The approvals for that development
provide that, if the developer cannot acquire the property interests for the extension as needed
for secondary access, the City would either consider acquisition through the use of eminent
domain, if necessary and if the requisite findings are met for such exercise, or waive the
conditions that require the developer to complete Central Parkway.
FINANCIAL IMPACT:
The direct fiscal impacts include the costs of real property acquisitions, attorney fees and costs
if the eminent domain action is filed, and administrative expenses. No residences or buildings
are being taken. No person or business is being displaced or will need to relocate, and there
are no associated relocation expenses. The conditions of approval direct that land acquisition
costs will be at the expense of the developer.
RECOMMENDATION:
Staff recommends that the City Council adopt the proposed Resolution. The City Council must
consider all evidence presented at the hearing on the Resolution, and must find and determine
each of the following in order to adopt the Resolution: (1) that the public interest and necessity
require the Project; (2) that the Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury; and (3) that the Roadway
Easement, and Two Slope and Drainage Easements are necessary for the Project.
ITEM NO. 6.1
Page 1 of 5
Submitted By Submitted By Reviewed By
Public Works Director City Attorney Assistant City Manager
DESCRIPTION:
A. Jordan Ranch Development
The Jordan Ranch project was approved in 2010 as a mixed residential commercial
development with open space on approximately 190 acres in Eastern Dublin. The site is
bounded on the west by Fallon Road and Positano Parkway, on the north by the Positano
residential community being developed by Braddock & Logan, on the east by property owned by
the Croak family, and on the south by property owned by the Chen family. In 2012, the City
approved amendments to modify the allocation of land uses, but the project remained a mixed
residential commercial development. Among the 2012 approvals were the Planning
Commission approval on May 8, 2012, of Site Development Review and revised Vesting
Tentative Tract Map 8024 (Planning Commission Resolution No. 12-23 – Attachment 2).
When the Jordan Ranch development was approved in 2010 and 2012, the City conditioned it to
complete Central Parkway through to Croak Road. The Central Parkway extension will provide
secondary emergency access as required by the Fire Code at the time. The extension also
provides for the connection of two public streets, Central Parkway and Croak Road, which will
also assist with public circulation. The Jordan Ranch development also includes an elementary
school site, to be constructed north of Central Parkway and adjacent to the Croak Property,
which will also require use of the proposed Central Parkway Extension for secondary access.
The tentative map conditions (Conditions 50 and 51 of Attachment 2) require the extension of
Central Parkway to Croak Road prior to filing the final map for Neighborhoods 2 through 6,
th
which is prior to creation of the seventy-sixth (76) lot.
Portions of the proposed extension of Central Parkway are on the Croak Property, immediately
to the east of Jordan Ranch. The approvals, consistent with the Subdivision Map Act, provide
that, if the developer cannot acquire the necessary land from the adjacent property owner, the
City would contemplate eminent domain if necessary or waive the conditions that require the
developer to complete Central Parkway.
Thus, if the City chose not the move forward with the acquisition, the developer could not be
required to complete Central Parkway to Croak Road. The developer has made multiple
attempts to acquire the property interests, but those efforts have been unsuccessful.
B. The Proposed Extension
Consistent with the conditions of approval for the Jordan Ranch project, the City proposes the
acquisition of a portion of the subject parcel for the extension of Central Parkway from the
Jordan Ranch Development to Croak Road. Specifically, the Project contemplates extension of
Central Parkway from one hundred feet (100’) east of Blackrock Drive to Croak Road, as shown
on the “Central Parkway Improvement Plans, Jordan Ranch, City of Dublin, Alameda County,
California” prepared by Ruggeri, Jensen, Azar and approved by the City of Dublin on December
21, 2012 (said plans are incorporated by this reference as though fully set forth herein).
Page 2 of 5
The subject property is a 37.77-acre parcel located on the west side of Croak Road, Assessor’s
Parcel Number 905-0002-001-01 (“Subject Property”). The Subject Property is owned by Croak
Properties, L.P. The parcel is currently rural land with sloping topography.
The City is proposing the acquisition of the following: (1) a Roadway Easement containing
18,411 square feet, (2) one Slope and Drainage Easement that contains 25,261 square feet,
and (3) a second Slope and Drainage Easement that contains 23,037 square feet (the
“Easements”). The Easements are more particularly described and depicted collectively in
Exhibit “A” to the proposed Resolution of Necessity (Attachment 1).
C.Environmental Review
The Jordan Ranch development extension of Central Parkway has been evaluated in three
environmental impact reports certified by the City: (1) Eastern Dublin General Plan Amendment
and Specific Plan Environmental Impact Report, State Clearinghouse No. 91103064; (2) East
Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (State
Clearinghouse No. 2001052114); and (3) Fallon Village Project Draft Supplemental
Environmental Impact Report (State Clearinghouse Number 2005062010) (collectively, “Prior
EIRs”). The Prior EIRs specifically addressed the General Plan, Specific Plan and Stage 1
Planned Development Zoning and Development Plan.
An Initial Study was prepared for a Stage 2 Planned Development Rezoning and Development
Plan, Site Development Review (SDR), a Vesting Tentative Tract Map, and a Development
Agreement to determine whether these approvals will result in any new or substantially more
severe significant environmental impacts than those analyzed in the Prior EIRs or any other
standards requiring further environmental review under CEQA are met (Public Resources Code
section 21166 and CEQA Guidelines sections 15162 and 15163). The Initial Study determined
that these approvals did not trigger any of the CEQA standards requiring further environmental
review. An Addendum was prepared for these approvals explaining the basis for finding no
further review is required under CEQA pursuant to CEQA Guidelines section 15164(e). The
City Council considered and approved the findings in the Addendum (Resolution No. 80-10
adopted by the City Council on June 1, 2010) prior to approving Stage 2 Planned Development
Rezoning and Development Plan, Site Development Review (SDR), a Vesting Tentative Tract
Map, and the Development Agreement. On June 5, 2012, the Council adopted Resolution No
91-12 (Attachment 3) which adopted a CEQA Addendum for Jordan Ranch Development
specific to four subareas and adopting a related Statement Of Overriding Considerations. Each
of the aforementioned documents, including but not limited to the Prior EIRs, are incorporated
by this reference as though fully set forth herein.
ADOPTION OF THE RESOLUTION OF NECESSITY AND FINDINGS:
By adopting the proposed Resolution of Necessity, the City Council will authorize the filing of an
eminent domain action to acquire the Easements as aforementioned. Before adopting the
Resolution of Necessity, the City Council must make the following findings based on evidence
presented at the hearing:
1. The public interest and necessity require the Project.
The acquisition of private property for a public right-of-way has long been regarded as a "public
use" for which the use of eminent domain is justified. Here, there are several statutes in the
Page 3 of 5
Code of Civil Procedure, Government Code, and Streets & Highways Code authorizing the use
of eminent domain for purposes of constructing, improving and/or expanding public right-of-
ways. (California Code of Civil Procedure sections 1240.010-1240.050, 1240.110 and
1240.120; Government Code sections 37350.5, 37353, 39792, 40401, 40404, as well as Streets
& Highways Code section 10102).
As previously noted, the proposed extension is to provide secondary emergency access to the
th
Jordan Ranch Development, and specifically due to the final map which creates the 76 lot in
neighborhoods two to six of said development. Fire Code provisions in place at the time of
approval of the development require this secondary access. By providing a secondary means of
access, public safety and circulation is also improved in the vicinity of the Project.
2. The proposed project is planned or located in the manner that will be the most compatible
with the greatest public good and the least private injury.
Due to the existing terminus of the Central Parkway and topography, proposed alignments are
limited. The approved design takes into account design standards with respect to grading,
vehicle speed, and vehicle turning radius, among other standards and safety considerations.
For example, due care was taken to ensure that the alignment did not result in steep grades or
excessively sharp turns.
Also, the City considered an alternative design proposed by the owner in March of 2013 (as part
of the City’s negotiations with the owner). Upon review, and comparison to the approved design
developed by Ruggeri, Jensen, Azar (as reflected in the ‘Central Parkway Improvement Plans
for Jordan Ranch,’ approved on December 21, 2012), staff determined that the approved
alternative was preferable for the following reasons:
•
The owner’s proposed twelve percent (12%) longitudinal slope of the roadway is
excessive when compared to the three to four percent (3%-4%) slopes in the
approved design.
•
The combination of vertical and horizontal alignment of the owner’s proposed
roadway is a safety concern regarding stopping sight distance.
•
The owner’s proposed access road provides a pavement width of twenty feet (20’),
with no apparent shoulders. The pavement width of twenty eight feet (28’)
reflected in the Ruggeri, Jensen, Azar’s approved design is preferred.
•
The sharp pavement transition at the western end of the owner’s proposed
roadway forces a very awkward movement for vehicles traveling in the westbound
direction.
3. The Easements described in the Resolution of Necessity are necessary for the Project.
Again, due to the constraints of topography and the location of the Subject Property, the
proposed acquisitions are best suited for the extension of Central Parkway. Alternatives
considered, including the design alternative proposed by the owner, were deemed unsafe.
4. The offer required by Government Code section 7267.2 has been made to the owner of
record.
A written offer to purchase and an appraisal summary statement for the Easements was
provided to the owner, Croak Properties, L.P., on April 18, 2013, based on the full appraised
value of the Easements as appraised by real estate appraiser Gregory Rinehart of Burchard &
Page 4 of 5
Rinehart (Attachment 4). Reasonable efforts by the City have been made to conclude
negotiations in accordance with the requirements of Government Code section 7267.2.
However, the City has been unsuccessful to date in attempts to acquire the Easements through
negotiations.
REASONS FOR THE RECOMMENDATION:
Staff recommends adoption of the attached Resolution of Necessity (Attachment 1). The
proposed Resolution makes the required findings that the Council is authorized to acquire the
Easements through its eminent domain powers by filing an action in Court. The Resolution
must be approved by a two-thirds vote.
POLICY ALTERNATIVES:
The City Council may choose to not adopt the Resolution of Necessity for the Easements and
direct staff to continue negotiations. Negotiations with the property owner can continue
notwithstanding the adoption of the Resolution of Necessity or even the filing of an action in
eminent domain. Alternatively, the City Council may elect to not move forward with acquisition
of the Easements for the Central Parkway Extension, and to waive the conditions of
development requiring said extension. In which case, the developer could not be required to
complete Central Parkway to Croak Road.
A letter received from Mr. Patrick F. Croak regarding this matter has been included as
Attachment 7.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The notice of the proposed Resolution of Necessity must be sent to “each person...whose name
and address appears on the last equalized county assessment roll...” (Code Civ. Proc.
§1245.235(a).) Such notice was provided on June 25, 2013 (Attachment 5).
ATTACHMENTS:
1. Resolution of Necessity
2. Exhibit “A” to Resolution
3. Planning Commission Resolution No. 12-23, adopted May 8, 2012
4. City Council Resolution No. 91-12, adopted June 5, 2012
5. Offer Letter to Croak Properties, L.P., dated April 18, 2013
6. Notice of Intent to Adopt Resolution of Necessity, dated June 25,
2013
7. Letter from Mr. Patrick F. Croak
Page 5 of 5
RESOLUTION NO. XX - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF A ROADWAY EASEMENT AND TWO SLOPE AND DRAINAGE
EASEMENTS FROM APN 905 - 0002 -01 (PORTION) FOR THE PROPOSED CENTRAL
PARKWAY EXTENSION FROM THE JORDAN RANCH DEVELOPMENT
CROAK PROPERTIES, L.P, PROPERTY OWNER
PROPERTY LOCATION: WEST SIDE OF CROAK ROAD
ASSESSOR'S PARCEL NO.: 905 - 0002 - 001 -01 (PORTION)
WHEREAS, in order to construct the Central Parkway Extension from the Jordan Ranch
Development ( "Project "), the City of Dublin is vested with the power of eminent domain to acquire
real property for the Project by virtue of Article 1, Section 19, of the Constitution of the State of
California; California Code of Civil Procedure sections 1240.010 - 1240.050, 1240.110, and
1240.120; California Government Code sections 37350.5, 373537 397927 40401, and 40404; and
Streets and Highways Code section 10102;
WHEREAS, it is desirable and necessary for the Project to acquire a Roadway Easement and
two Slope and Drainage Easements to extend Central Parkway from the Jordan Ranch Development
to Croak Road to accommodate planned growth in the area and to provide secondary emergency
access and public safety, as well as traffic circulation;
WHEREAS, the property interests to be acquired are located in Assessor's Parcel Number
905 - 0002 - 001 -01 (Portion), Dublin, California, and are more particularly described and depicted
collectively in Exhibit "A" attached hereto and which are incorporated herein by this reference (the
"Easements ");
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City provided the
owner of the subject property a copy of the "Notice of Intent to Adopt a Resolution of Necessity"
informing it of the date and time any interested person can be heard before the Council on the
following matters, and to have the Council consider testimony prior to deciding whether or not to
adopt the proposed Resolution of Necessity to commence eminent domain proceedings:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury;
(c) Whether the Easements sought to be acquired are necessary for the Project; and
(d) Whether the offer required by Government Code section 7267.2 has been made to the
owner(s) of record.
ATTACHMENT 1
WHEREAS, the property owner of record was given the opportunity to meet with staff and to
discuss any issues of design, and in fact, an alternative design was considered by staff;
WHEREAS, the requirements for appraisal and offer, pursuant to Government Code section
7267.1 and 7267.2 has been mailed to the title holder, Croak Properties, L.P., and reasonable efforts
by the City have been made to conclude negotiations in accordance with the requirements of
Government Code section 7267.2;
WHEREAS, the Council is satisfied that the requirements of the California Environmental
Quality Act ( "CEQA ") have been met, and public notice has been given in the form provided by law
as part of the various approvals for the Project, and members of the public have been given
extensive opportunity for public review and comment;
WHEREAS, the Council considered this matter as an item placed on its agenda at its regular
meeting on July 16, 2013;
WHEREAS, the findings and conclusions made by the Council pursuant to this Resolution are
based upon substantial evidence in the entire record before the Council, and are not based solely on
the information provided in this Resolution;
WHEREAS, prior to taking action, the Council has heard, been presented with, reviewed and
considered all of the information and data in the administrative record, including each of the Project -
related documents relevant to the adoption of this Resolution, including but not limited to the prior
environmental review documents for the Project, and all oral and written evidence presented to it
during all meetings and hearings;
WHEREAS, the Council has duly considered all pertinent information presented to it on the
issue before it, and specifically whether: (1) the public interest and necessity require the Project; (2)
the Project is planned or located in the manner that will be the most compatible with the greatest
public good and the least private injury; and (3) the Easements are necessary for the Project;
WHEREAS, all other legal prerequisites to the adoption of the Resolution have occurred; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has
found, determined, and ordered as follows:
The public interest and necessity require the extension of Central Parkway from
the Jordan Ranch Development to Croak Road to accommodate planned growth,
and to provide secondary emergency access and public safety, as well as traffic
circulation.
2. The Project is planned and located in the manner which will be most compatible
with the greatest public good and the least private injury.
3. The taking of the Roadway Easement and two Slope and Drainage Easements as
more particularly described in Exhibit "A" are necessary for the Project.
4. The offer required by Government Code section 7267.2 has been made to each of
the persons known to City to claim an interest in the subject property as listed in
the last equalized roll and specifically to Croak Properties. L.P., the record owner.
ATTACHMENT 1
5. Special Counsel, Meyers, Nave, Riback, Silver & Wilson, is hereby authorized,
empowered and directed to acquire in the name of the City of Dublin, by
condemnation, the Easements in accordance with the provisions of the Eminent
Domain Law, the Code of Civil Procedure and the Constitution of California; to
prepare, prosecute and conduct to conclusion in the name of the City of Dublin
such proceedings in the proper court as are necessary for such acquisition and to
take such action as may be deemed advisable or necessary in connection
therewith; and, to deposit the probable amount of just compensation based on the
City's approved appraisal.
6. An order for prejudgment possession may be obtained in said action and a warrant
issued to the State Treasury Condemnation Deposits Fund, in the amount
determined by the Court to be so deposited, as a condition to the right of
immediate possession and use the Easements for said public uses and purposes.
7. Notice and a reasonable opportunity to appear and be heard on July 16, 2013, on
the matters enumerated in Code of Civil Procedure section 1240.030 has been
given to each of the persons whose name and address appears on the county's
last equalized roll and specifically to Croak Properties, L.P.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2013, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
ATTACHMENT 1
R= 511.10'" ROADWAY EASEMENT CRDAK
i Q W 4=9 5145 AREA 18,4111 SF 1919229985
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3620 55.19' R =319.00'
L= 76.28' d= 1801'37" �0
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p P.O.B. L= 8748' 80,06'
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1998265414 Sfl�R
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No. 6441
LEGEND
P.O.B. POINT OF BEGINNINGQfi.�`�Q` ( IN FEET }
P 0 C POINT OF COMMENCEMENT ` }D 1 inch = 100 it.
EXHIBITA G: \1ob2008 \081004 \MAPPING \PLATS \CROAK ROAD ROAD ESMT.dwg 3/16/2011 2:29:41 PM PDT
PLAT TO ACCOMPANY RUGGERI- JENSEN -AZAR
LAND DESCRIPTION ENGINEERS • PLANNERS • SURVEYORS
4630 CHABO7 DREVE. SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227 -9100 EAX: (925) 227 --9300
SCALE: DATE: JOB NO.:
CrrY OF DUBUN, AlAMEDA COUNTY, CALIFORNIA 1"= 100, 04 -08 -2013 1 081001
EXHIBIT "A"
Central Parkway Roadway Easement over Croak Property
Land Description of a parcel of land situate in the County of Alameda, and State of California; and being a
portion of Parcel 2 as described in the Deed to Francis P. Croak recorded on November 13, 1979 under
document no. 1979 - 229985, Official Records of said County, and being more particularly described as follows:
Commencing at the southeast corner of that parcel of land described in the deed to BJP -ROF Jordan Ranch LLC,
recorded on May 05, 2008 under document no. 2008 - 148449, Official Records of said County, same corner
being on the east line of the above mentioned Parcel 2; Thence along the east line of Parcel 2, North 00° 46'
42" East -- 369.31 feet for the Point of Beginning hereof; Thence continuing along said east line, North 00° 46'
42" East — 73.28 feet for the beginning of a curve to the left, from which corner the center bears North 17° 37'
40" East; Thence leaving said east line and crossing through the Croak parcel for the following six (6) courses:
(1) in a southeasterly direction 87.98 feet along the arc of said curve to the left, having a radius of 511.10 feet
and through a central angle of 09° 51'45", (2) South 82° 18' 16" East - 69.98 feet to the beginning of a curve to
the right, (3) in a southeasterly direction 76.28 feet along the arc of said curve to the right, having a radius of
455.00 feet and through a central angle of 09° 36' 20 ", (4) South 72° 41' 56" East - 55.19 feet for the beginning
of a curve to the right, (5) in a southeasterly direction 100.37 feet along the arc of said curve to the right,
having a radius of 319.00 feet and through a central angle of 18° 01' 37 ", and (6) North 86° 42' 54" East - 35.78
feet to a point on the west line of Croak Road (2612 deeds 353); Thence along said west line, South 37° 53'08"
West - 80.06 feet; Thence leaving the west line of Croak Road and continuing across the Croak parcel for the
following five (5) courses: (1) North 160 27' 29" West - 31.76 feet for the beginning of a curve to the left, from
which the center bears South 72° 41' 56" East, (2) in a northwesterly direction 87.84 feet along the arc of said
curve to the left, having a radius of 281.00 feet and through a central angle of 17° 54' 39 ", (3) North 72° 41' 56"
West - 41.67 feet for the beginning of a curve to the left, (4) in a northwesterly direction 123.70 feet along the
arc of said curve to the left, having a radius of 365.00 feet and through a central angle of 19° 25' 01 ", and (5)
South 87° 53'03" West - 110.11 feet to the Point of Beginning.
Containing 18,411 Square Feet of land area, more or less. 5E0 LAND �(,
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No. 6441
CAL-k
Scott Shortlidge, LS 6441 L j Date
CROAK ROAD ROAD ESMT.txt
Name: standard : 1
North: 443191.81' East: 612223.18'
segment #1 . Line
Course: N00 °46'42 "E Length: 73.2808'
North: 443265.08' East: 612224.17'
segment #2 . curve
Length: 87.9791' Radius: 511.1047'
Delta: 009 °51'45" Tangent: 44.0985'
chord: 87.8705' course: 577 °18'13 "E
Course In: N17 °37'40 "E course Out: 507 °45'54 "W
RP North: 443752.18' East: 612378.95'
End North: 443245.77' East: 612309.90'
segment #3 . Line
course: 582 °18'16 "E Length: 69.9755'
North: 443236.40' East: 612379.24'
Segment #4 . Curve
Length: 76.2801' Radius: 455.0000'
Delta: 009 °36'20" Tangent: 38.2296'
chord: 76.1908' Course: 577 °30'06 "E
course In: 507 °41'44 "W Course out: N17 °18'04 "E
RP North: 442785.49' East: 612318.31'
Page 1
!a
rn
No. 644 f
CA
End North: 443219.91'
segment #5 . Line
Course: s72 °41'56 "E
North: 443203.49'
Segment #6 . Curve
CROAK ROAD ROAD ESMT.tXt
East: 612453.63'
Length: 55.1947'
East: 612506.32'
Length: 100.3668' Radius: 319.0000'
Delta: 018 °01'37" Tangent: 50.6015'
chord: 99.9533' course: S63 °41'08 "E
course In: S17 °18'04 "w Course Out: N35 °19'41 "E
RP North: 442898.93' East: 612411.46'
End North: 443159.18' East: 612595.92'
Segment #7 . Line
Course: N86 °42'54 "E
North: 443161.23'
Segment #8 . tine
Course: S37 °53'08 "w
North: 443098.05'
Length: 35.7793'
East: 612631.64'
Length: 80.0557'
East: 612582.48'
Page 2
Segment #9 . Line
Course: N16 °27'29 "w
North: 443128.51'
segment #10 . Curve
CROAK ROAD ROAD ESMT.tXt
Length: 31.7606'
East: 612573.48'
Length: 87.8413' Radius: 281.0000'
Delta: 017 °54'39" Tangent: 44.2818'
Chord: 87.4840' Course: N63 °44'37 "w
Course In: S35 °12'43 "w Course Out: N17 °18104 "E
RP North: 442898.93' East: 612411.46'
End North: 443167.21' East: 612495.02'
Segment #11 . Line
Course: N72 °41'56 "w
North: 443179.61'
Segment #12 . Curve
Length: 41.6703'
East: 612455.24'
Length: 123.6951' Radius: 365.0000'
Delta: 019 °25'01" Tangent: 62.4464'
Chord: 123.1041' Course: N82 °24'27 "w
Course In: S17 °18'04 "w
RP North: 442831.12'
End North: 443195.87'
Course out: NO2 °06'57 "w
East: 612346.69'
East: 612333.21'
Page 3
CROAK ROAD ROAD ESMT.tXt
Segment #13 . Line
Course: 587 °53'03 "w Length: 110.1098'
North: 443191.81' East: 612223.18'
Perimeter: 973.9892' Area: 18411.01 Sq. Ft.
Error Closure: 0.00 course: 538 °27'15 "w
Error North: -0.000 East: -0.000
Precision 1: 972429400.0000
Page 4
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1998255414
N8470'55 "E S6470'24 "E
134.28' 73.53' CLOAK
5695727'"E 1979229985
90.58'
S5823'01 "E
`C] 158.96'
--+, Lam_ �2 \
L2
14 SLOPE & DRAINAGE
C4 PVT L 3 EASEMENT - 2
L5 AREA 25,2611 SF
_�_ _ C` S37'53'08 "W
32.00'
S3579'41 "W (R}
S3753'08 "W
80.06'
S37'53'08 "W
19.88'
StOIPE & DRAINAGE
EASEMENT - i
AREA 23, 037* SF
A�
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0 P�
1
�
N72 52'39 "W L6
168.85'
IN80*4646"W
188.57' 7
CROAK
1979229985
).C. COU40' WIDE
1 2612 OR 353
N-
0 100 200
( IN FEET }
1 inch = 100 ft.
EXHIBIT A
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LEGEND
PLAT TO ACCOMPANY
LAND DESCRIPTION
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
�a
Curve Table
Curve
Radius
Delta
Length
N
511.10'
N
N
C2
455.00'
Z
76.28'
C3
319.00'
18711'37'
N
C4
365 00'
1925'01"
N
C5
281.00'
175439"
P.O.B. -2
N
N
a
71/,
to °o
w
z� a�
D
O
CREN
1998255414
N8470'55 "E S6470'24 "E
134.28' 73.53' CLOAK
5695727'"E 1979229985
90.58'
S5823'01 "E
`C] 158.96'
--+, Lam_ �2 \
L2
14 SLOPE & DRAINAGE
C4 PVT L 3 EASEMENT - 2
L5 AREA 25,2611 SF
_�_ _ C` S37'53'08 "W
32.00'
S3579'41 "W (R}
S3753'08 "W
80.06'
S37'53'08 "W
19.88'
StOIPE & DRAINAGE
EASEMENT - i
AREA 23, 037* SF
A�
�
0 P�
1
�
N72 52'39 "W L6
168.85'
IN80*4646"W
188.57' 7
CROAK
1979229985
).C. COU40' WIDE
1 2612 OR 353
N-
0 100 200
( IN FEET }
1 inch = 100 ft.
EXHIBIT A
�O
4
O�
J�
U4
LEGEND
PLAT TO ACCOMPANY
LAND DESCRIPTION
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
�a
Curve Table
Curve
Radius
Delta
Length
Cl
511.10'
9'51'45'
87.98'
C2
455.00'
93620"
76.28'
C3
319.00'
18711'37'
100.37'
C4
365 00'
1925'01"
123.70'
C5
281.00'
175439"
8748'
Line Table
Unel
Bearina
Distance
L 1
N8278'16 "W
69.98'
L2
N72 41'56 "W
55.19'
L3
S86 4254W
35.78'
L4
N8753'03 E
110.11'
L5
I S72 4156 "E
41.67'
Lfi
I S1 7729"E
31.76'
% LAND S�
—' m
No. 6441
s�gTF o 11; O���
F CAL
POINT OF BEGINNING r
POINT OF COMMENCEMENT 10
G: \pb2008 \O81001 \MAPPINC \PLATS \CROAK ROAD GRAD ESMT.dwg 10/16/2012
1 1�
RUGGERI- JENSEN -AZAR
ENGINEERS • PLANNERS • SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227 -9100 FAX: (925) 227 -9300
SCALE: DATE: JOB NO.:
1" =100' 04 -08 -2013 1 081001
EXHIBIT "A"
Central Parkway Roadway — Slope & Drainage Easements over Croak Property
Land Description of two parcels of land situate in the County of Alameda, and State of California; and
being portions of Parcel 2 as described in the Deed to Francis P. Croak recorded on November 13, 1979
under document no. 1979 - 229985, Official Records of said County, and being more particularly
described as follows:
SLOPE AND DRAINAGE EASEMENT NO. 1
Commencing at the southeast corner of that parcel of land described in the deed to BJP -ROF Jordan
Ranch LLC, recorded on May 05, 2008 under document no. 2008 - 148449, Official Records of said
County, same corner being on the east line of the above mentioned Parcel 2; Whence along the east line
of Parcel 2, North 00° 46' 42" East — 339.79 feet for the Point of Beginning hereof; Thence continuing
along said east line, North 00° 46' 42" Fast -- 29.52 feet; Thence leaving said east line and crossing
through the Croak parcel for the following five (5) courses: (1) North 87° 53' 03" West - 110.11 feet for
the beginning of a curve to the right, (2) in a southeasterly direction 123.70 feet along the arc of said
curve to the right, having a radius of 365.00 feet and through a central angle of 19" 25' 01 ", (3) South 72°
41' 56" East - 41.67 feet for the beginning of a curve to the right, (4) in a southeasterly direction 87.84
feet along the arc of said curve to the right, having a radius of 281.00 feet, through a central angle of 17°
54' 39 ", and (5) South 16° 27' 29" East - 31.76 feet to a point on the west line of Croak Road (2612 deeds
353); Thence along said west line, South 37° 53' 08" West — 19.88 feet; Thence leaving said west line
and crossing through the Croak parcel for the following two (2) courses: (1) North 800 46' 46" West -
188.57 feet, and (2) North 72° 52' 39" West - 168.85 feet to the Point of Beginning.
Containing 23,037 Square Feet of land area, more or less.
SLOPE AND DRAINAGE EASEMENT NO. 2
Commencing at the southeast corner of that parcel of land described in the deed to BJP -ROF Jordan
Ranch LLC, recorded on May 05, 2008 under document no. 2008- 148449, Official Records of said
County, same corner being on the east line of the above mentioned Parcel 2; Thence along the east line
of Parcel 2, North 00° 46' 42" East — 442.59 feet for the Point of Beginning hereof, Thence continuing
along said east line, North 00° 46' 42" East — 29.34 feet; Thence leaving said east line and crossing
through the Croak parcel for the following four (4) courses: (1) North 84° 10' 55" East - 134.28 feet, (2)
South 84° 10' 24" East - 73.53 feet, (3) South 69° 57' 27" East - 90.58 feet, and (4) South 58° 23' 01" East
- 158.40 feet to a point on the west line of Croak Road (2612 deeds 353); Thence along said west line,
South 37° 53' 08" West — 32.00 feet; Thence leaving said west line and crossing through the Croak
parcel for the following six (6) courses: (1) South 86° 42' 54" West - 35.78 feet for the beginning of a
curve to the left, from which point the center bears South 35° 19' 41" West, (2) in a northwesterly
direction 100.37 feet along the arc of said curve to the left, having a radius of 319.00 feet and through a
central angle of 18° 01' 37 ", (3) North 72° 41' 56" West - 55.19 feet to the beginning of a curve to the
left, (4) in a northwesterly direction 76.28 feet along the arc of said curve to the left, having a radius of
455.00 feet and through a central angle of 09° 36' 20 ", (5) North 82° 18' 16" West - 69.98 feet for the
beginning of a curve to the right, and (6) in a northwesterly direction 87.98 feet along the arc of said
curve to the right, having a radius of 511.10 feet and through a central angle of 09° 51' 45" to the Point
of Beginning.
Containing 25,261 Square Feet of land area, more or less.
CQO
%0
6a No. 6441
Scott Shortlidge, LS 6441 U '�OF � V'Ov Date
V N-2 e7 -r—: CROAK ROAD GRAD ESMT.tXt
Name: LOTS -RJA : 2
North: 443161.23' East: 612631.64'
Segment #1 Line
course: S86 °42'54 "w Length: 35.7793' * Ka.6441
North: 443159.18' Past: 612595.92'
OF C pL
D- f�
Segment #2 Curve
Length: 100.3668' Radius: 319.0000'
Delta: 018 °01'37" Tangent: 50.6015'
Chord: 99.9533' Course: N63 °41'08 "w
course In: S35 °19'41 "w course out: N17 °18'04 "E
RP North: 442898.93' East: 612411.46'
End North: 443203.49' East: 612506.32'
segment #3 . Line
Course: N72 °41'56 "w Length: 55.1947'
North: 443219.91' East: 612453.63'
Segment #4 . curve
Length: 76.2801' Radius: 455.0000'
Delta: 009 °36'20" Tangent: 38.2296'
Chord: 76.1908' course: N77 °30'06 "w
Course In: S17 °18'04 "w Course out: N07 °41'44 "E
RP North: 442785.49' East: 612318.31'
Page 1
End North: 443236.40'
Segment #5 . Line
course: N82 °18'16 "w
North: 443245.77'
segment #6 . Curve
CROAK ROAD GRAD ESMT.txt
East: 612379.24'
Length: 69.9755'
East: 612309.90'
Length: 87.9791' Radius: 511.1047'
Delta: 009 °51'45" Tangent: 44.0985'
Chord: 87.8705' Course: N77 °18'13 "w
Course In: N07 °45'54 "E Course out: 517 °37'40 "W
RP North: 443752.19' East: 612378.95'
End North: 443265.08' East: 612224.17'
segment #7 . Line
Course: N00 °46'42 "E
North: 443294.42'
segment #8 . Line
Course: N84 °10'55 "E
North: 443308.03'
Length: 29.3408'
East: 612224.57'
Length: 134.2823'
East: 612358.16'
Page 2
CROAK ROAD GRAD ESMT.tXt
Segment #9 . Line
course: S84 °10'24 "E Length: 73.5253'
North: 443300.57' East: 612431.31'
Segment #10 . Line
Course: S69 °57'27 "E Length: 90.5800'
North: 443269.52' East: 612516.40'
Segment #11 . Line
Course: S58 °23'01 "E Length: 158.3950'
North: 443186.49' East: 612651.29'
Segment #12 . Line
Course: S37 °53'08 "w Length: 31.9968'
North: 443161.23' East: 612631.64'
Perimeter: 943.6958' Area: 25260.79 Sq. Ft.
Error closure: 0.00 Course: S17 °41'13 "w
Error North: -0.001 East: -0.000
Precision 1: 943084300.0000
Name: LOTS -RJA : 3
EG—T�o —:D-- Page 3
CROAK ROAD GRAD ESMT.tXt
North: 443098.05' East: 612582.48'
Segment #1 . tine
Course: S37 °53'08 "w Length: 19.8768'
North: 443082.36' East: 612570.27'
Segment #2 tine
Course: N80 °46'46 "w Length: 188.5650'
North: 443112.58' East: 612384.14'
Segment #3 . tine
Course: N72 °52'39 "w Length: 168.8507'
North: 443162.29' East: 612222.78'
Segment #4 . tine
Course: N00 °46'42 "E Length: 29.5167'
North: 443191.81' East: 612223.18'
segment #5 . Line
Course: N87 °53'03 "E Length: 110.1098'
North: 443195.87' East: 612333.21'
Page 4
CROAK ROAD GRAD ESMT.tXt
segment #6 . Curve
Length: 123.6951' Radius: 365.0000'
Delta: 019 °25'01" Tangent: 62.4464'
Chord: 123.1041' Course: S82 °24'27 "E
Course In: 502 °06'57 "E Course Out: N17 °18'04 "E
RP North: 442831.12' East: 612346.69'
End North: 443179.61' East: 612455.24'
segment #7 . Line
Course: 572 °41'56 "E Length: 41.6703'
North: 443167.21' East: 612495.02'
segment #8 . Curve
Length: 87.8413' Radius: 281.0000'
Delta: 017 °54'39" Tangent: 44.2818'
Chord: 87.4840' Course: S63 °44'37 "E
Course in: S17 °18'04 "w course out: N35 °12'43 "E
RP North: 442898.93' East: 612411.46'
End North: 443128.51' East: 612573.48'
segment #9 . Line
Course: 516 °27'29 "E Length: 31.7606'
North: 443098.05' East: 612582.48'
Page 5
CROAK ROAD GRAD ESMT.tXt
Perimeter: 801.8862` Area: 23036.80 Sq. Ft.
Error Closure: 0.00 course: S11 °10'16 "w
Error North: -0.000 East: -0.000
Precision 1: 800938000.0000
Page 6
RESOLUTION NO. 12- 23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND
REVISED VESTING TENTATIVE TRACT MAP 8024 FOR THE PROJECT
KNOWN AS JORDAN RANCH 2 SPECIFIC TO SUBAREAS 2 AND 3
(APNs 985 - 0027 -007-02 and 985 - 0027- 006 -04)
PLPA -2010 -00068
WHEREAS, the Applicant Mission Valley Properties representing BJP ROF Jordan
Ranch LLC ( "Applicant ") submitted applications for Jordan Ranch 2, specific to four (4) subareas
( "Project Site "); and
WHEREAS, the applications include: 1) General Plan} and Eastern Dublin Specific Plan
amendments to change land use designations; and 2) Planned Development Zoning with
related Stage 1 and Stage 2 Development Plan Amendments; and
WHEREAS, the applications also include: a) Site Development Review (SDR) for
Subarea 2 (proposed for 56 Single - Family detached residential units in the PD- Medium Density
Residential zone) and Subarea 3 (proposed for 109 multifamily units in the PD- Medium High
Density Residential zone), and b) revised Vesting Tentative Tract Map 8024; and
WHEREAS, some or all of Subarea 2 may be developed for school uses related to the
school site in Subarea 1 to the north, as further reflected in the Public/Semi- Public underlay land
use and zoning designations for Subarea 2. The portions of Subarea 2 not developed for school
uses are subject to the Medium Density Residential land use designation and related PD
zoning; and
WHEREAS, the Project Site and applications collectively define this "Project" and are
available and on file in the Community Development Department; and
WHEREAS, Jordan Ranch is part of a larger project known as Fallon Village and
generally is located north of the extension of Central Parkway, south of Positano Parkway, east
of Fallon Road, and west of Croak Road; and
WHEREAS, the Project site generally is vacant land that has been rough graded in
connection with prior approvals; and
WHEREAS, on May 8, 2012, the Planning Commission held a public hearing and
recommended that the City Council adopt the CEQA Addendum, adopt General Plan and
Eastern Dublin Specific Plan Amendments for the project as stated above, and adopt Planned
Development (PD) Zoning with related Stage 1 and Stage 2 Development Plan amendments
(Resolutions 12 -20, 12 -21, and 12 -22, respectively, which resolutions are incorporated herein by
reference); and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was .submitted recommending that the Planning Commission
approve the Site Development Review for Subareas 2 and 3 and the revised Vesting Tentative
Tract Map 8024; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
May 8, 2012, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered the CEQA Addendum and prior CEQA documents, all said reports,
recommendations, and testimony hereinabove set forth prior to taking any action on the Project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding said proposed
Site Development Review for Jordan Ranch 2:
Site Development Review:
A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning
Ordinance, with the General Plan and any applicable Specific Plans and design
guidelines because: 1) The project will not undermine the architectural character and
scale of development in which the proposed project is to be located; 2) the project will
provide a unique, varied, and distinct housing opportunity; 3) the project is consistent
with the General Plan and Eastern Dublin Specific Plan Land Use designation of
Medium Density Residential for Subarea 2, and Medium High Density Residential and
Neighborhood Square for Subarea 3; and 4) the project complies with the
development standards established in the Stage 2 Development Plan.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because:
1) the project contributes to orderly, attractive, and harmonious site and structural
development compatible with the existing site layout and subdivision mapping and
blends well with the surrounding properties; and 2) the project complies with the
development regulations, as amended, set forth in the applicable PD Ordinance.
C. The design of the project is appropriate to the City, the vicinity, surrounding
properties, and the lot in which the project is proposed because: 1) the project
augments available housing and residential product type in the vicinity; 2) the size and
mass of the proposed houses are consistent with the lot sizes and other residential
developments in the surrounding area; and 3) the project will provide a more complete
street scene.
D. The subject site is suitable for the type and intensity of the approved development
because: the proposed homes to be developed on the property meet all of the
development standards established to regulate development in the Project overall as
referenced in the approved Stage 2 Development Plan, as amended.
E. Impacts to existing slopes and topographic features are addressed because: 1) the
infrastructure is under construction including streets and utilities, 2) the project site will
be graded in accordance with the related Tract Map for the Project Site, and 3)
retaining walls will be constructed to establish the required lot size and building
envelope.
F. Architectural considerations including the character, scale and quality of the design,
site layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors and similar elements result in a
project that is harmonious with its surroundings and compatible with other
developments in the vicinity because: 1) the development will be similar to homes
already being constructed in the general vicinity; 2) the proposed houses will utilize
architectural styles from previously adopted Design Guidelines, Architectural
Standards, and development regulations consistent with development planned and
approved for Jordan Ranch and Fallon Village overall; and 4) the color and materials
proposed will be harmonious with colors and material approved and being utilized for
residential areas within Jordan Ranch..
G. Landscape considerations, including the location, type, size, color, texture and
coverage of plant materials, and similar elements have been incorporated into the
project to ensure visual relief, adequate screening and an attractive environment for
the public because: 1) all perimeter landscaping, walls, fences, and hardscape are
proposed for construction in accordance with the PD zoning for the Project; and 2) the
project front yard landscaping and sideyard fencing is consistent with other
developments currently under construction in the vicinity and conform to the
requirements of the Stage 2 Development Plan and the Water Efficient Landscape
Ordinance.
H. The site has been adequately designed to ensure the proper circulation for bicyclists,
pedestrians, and automobiles because: 1) all infrastructure including streets,
parkways, pathways, sidewalks, and streetlighting are proposed for construction in
accordance with the PD zoning for the Project and provide connectivity between the
subareas and between the project and other areas of Jordan Ranch; and 2)
development of this Project will conform to the major improvements already installed
allowing residents the safe and efficient use of these facilities.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does
hereby make the following findings and determinations regarding the Revised Vesting Tentative
Tract Map 8024:
Vesting Tentative Tract Map 8024
A. The proposed Revised Vesting Tentative Tract Map 8024 is consistent with the intent of
applicable subdivision regulations and related ordinances addressing the Project Site.
B. The design and improvements of the proposed Revised Vesting Tentative Tract Map
8024 is consistent with the General Plan and the Eastern Dublin Speck Plan, as
amended, to allow Medium Density Residential for Subarea 2 and Medium High Density
Residential and Parks /Public Recreation for Subarea 3, and are consistent with nearby
residential neighborhoods designated for this type of development.
C. The proposed Revised Vesting Tentative Tract Map 8024 is consistent with the Planned
Development zoning approved for the Project through Ordinance XX -12, and therefore
consistent with the City of Dublin Zoning Ordinance.
D. The properties created by the proposed Revised Vesting Tentative Tract Map 8024 will
have adequate access to major constructed or planned improvements as part of the
Jordan Ranch and Fallon Village project- related improvements.
E. Project design, architecture, and concept have been integrated with topography of the
project site created by the proposed Revised Vesting Tentative Tract Map 8024 to
minimize overgrading and extensive use of retaining walls. Therefore, the proposed
subdivision is physically suitable for the type and intensity of development proposed.
F. The Mitigation Measures and the Mitigation Monitoring programs adopted with the
Eastern Dublin EIR and the Supplemental EIRs would be applicable as appropriate for
addressing or mitigating any potential environmental impacts of developing the Project
and Project Site, as documented in the CEQA Addendum.
G. The proposed Revised Vesting Tentative Tract Map 8024 will not result in environmental
damage or substantially injure fish or wildlife or their habitat or cause public health
concerns.
H. The design of the subdivision will not conflict with easements, acquired by the public at
large, or access through or use of property within the proposed subdivision. The City
Engineer has reviewed the map and title report and has not found any conflicting
easements of this nature.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does
hereby approve the Site Development Review for Subarea 2 (Jordan Ranch proposed for 56
Single - Family detached residential units in the PD- Medium Density residential zone) and
Subarea 3 (Jordan Ranch proposed for 109 multifamily units in the PD- Medium High Density
Residential zone), as shown on plans prepared by The Dahlin Group Architecture and Planning;
Ruggeri - Jensen -Azar Engineers, Planners & Surveyors; and Gates + Associates Landscape
Architecture dated received April 24, 2012 subject to the conditions included below.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does
hereby approve the Revised Vesting Tentative Tract Map 8024 for Jordan Ranch. for as many as
964 units prepared by Ruggeri - Jensen -Azar Engineers, Planners & Surveyors dated April 2,
2012 subject to the Conditions included below.
CONDITIONS OF APPROVAL:
Unless stated otherwise all Conditions of LkRarovall shall be complied with prior to the
issuance of building ermits or establishment of use and shall be sub "ect to Planniin
Department review and approval. The following codes re resent those
de artmentsia encies responsible for monitoring compliance of the conditions of
aiwroval. rPL.1 Planning, B Building, PO Police , fPW1 Public Works P &CS Parks &
Community Services , rADM1 Administration /Ci Attorney, [FIN Finance , FF1 Alameda
County Fire Department, DSR1 Dublin San Ramon Services District , [CO1 Alameda
County Department of Environmental Health, fZ71 Zone 7.
Np.
-
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
-�
i`4 r
1.
Approval. This Site Development Review approval is
PL
Ongoing
Standard
for the construction of Subarea 2 (Jordan Ranch
proposed for 56 Single - Family detached residential
units in the PD- Medium Density residential zone) and
Subarea 3 (Jordan Ranch proposed for 109
multifamily units in the PD- Medium High Density
Residential zone) within Vesting Tentative Tract Map
8024. This approval shall be as generally depicted
and indicated on the plans prepared by Ruggeri -
Jensen -Azar and dated received April 24, 2012 on file
in the Community Development Department, and as
specified by the following Conditions of Approval for
this project. Approval is subject to the City Council
adopting the CEQA Addendum, General Plan and
Eastern Dublin Specific Plan Amendment and PD
Rezone.
2.
Time Extension. The original approving decision-
PL
One year
Standard
maker may, upon the Applicant's written request for an
following
extension of approval prior to expiration, and upon the
approval date
determination that any Conditions of Approval remain
adequate to assure that applicable findings of
approval will continue to be met, grant a time
extension of approval for a period not to exceed six (6)
months. All time extension requests shall be noticed
and a public hearing or public meeting shall be held as
required by the particular Permit.
3.
Compliance with previous approvals: The
PL
On -going
Standard
Applicant shall comply with all Conditions. of Approval
for Jordan Ranch as approved by the Planning
Commission, Resolution No. 10 -25 on May 11, 2010,
except as modified by the current Project approvals.
4.
Permit Expiration: Construction or use shall
PL
One year from
Standard
commence within one (1) year of Site Development
approval
Review (SDR) approval, or the SDR shall lapse and
become null and void. Commencement of
construction or use means the actual construction or
use pursuant to the approval, or demonstrating
substantial progress toward commencing such use. If
there is a dispute as to whether the SDR has expired,
the City may hold a noticed public hearing to
determine the matter. Such a determination may be
processed concurrently with revocation proceedings in
NO,
Agency
When
Source
CONDITIONS OF APPROVAL.
Required,
Prior to:
appropriate circumstances. If a SDR expires, a new
application must be made and processed according to
the requirements of the Dublin Zonino Ordinance.
5.
Revocation of permit. The permit shall be revocable
PL
Ongoing
Standard
for cause in accordance with Chapter 8.96 of the
Dublin Zoning Ordinance. Any violation of the terms
or conditions of this permit shall be subject to citation.
6.
Required Permits. Applicant/Developer shall comply
PL, PW
Issuance of
Standard
with the City of Dublin Zoning Ordinance and obtain all
Building
necessary permits required by other agencies
Permits
(Alameda County Flood Control District Zone 7,
California Department of Fish and Game, Army Corps
of Engineers, Regional Water Quality Control Board,
State Water Quality Control Board) and shall submit
copies of the p ermits to the Public Works Department.
7.
Requirements and Standard Conditions. The
Various
Issuance of
Standard
Applicant/Developer shall comply with applicable
Building
Alameda County Fire, Dublin Public Works
Permits
Department, Dublin Building Department, Dublin
Police Services, Alameda County Flood Control
District Zone 7, Livermore Amador Valley Transit
Authority, Alameda County Public and Environmental
Health, Dublin San Ramon Services District and the
California Department of Health Services
requirements and standard conditions. Prior to
issuance of building permits or the installation of any
improvements related to this project, the Developer
shall supply written statements. from each such
agency or department to the Planning Department,
indicating that all applicable conditions required have
been or will be met.
8.
Modifications: The Community Development
PL
On -going
Standard
Director may consider modifications or changes to this
Site Development Review approval if the modifications
or changes proposed comply with Section 8.104.100
of the Zoning Ordinance.
9.
Satellite Dishes: The Applicant/Developers Architect
PL
Issuance of
Project
shall prepare a plan for review and approval by the
building permit
Specific
Director of Community Development and the Building
Official that provides a consistent and unobtrusive
location for the placement of individual satellite dishes.
Individual conduit will be run on the interior of the unit
to the satellite location on the exterior of the home to
limit the amount of exposed cable required to activate
any satellite dish. It is preferred that where chimneys
exist, the mounting of the dish be incorporated into the
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to: '
chimney. In instances where chimneys do not exist,
then the plan shall show a common and consistent
location for satellite dish placement to eliminate the
over proliferation, haphazard and irregular placement.
10.
Indemnification: The ApplicantlDeveloper shall
PL, B
On going
Standard
defend, indemnify, and hold harmless the City of
Dublin and its agents, officers, and employees from
any claim, action, or proceeding against the City of
Dublin or its agents, officers, or employees to attack,
set aside, void, or annul an approval of the City of
Dublin or its advisory agency, appeal board, Planning
Commission, City Council, Community Development
Director, Zoning Administrator, or any other
department, committee, or agency of the City to the
extent such actions are brought within the time period
required by Government Code Section 66499.37 or
other applicable law; provided, however, that The
Applicant/Developer's duty to so defend, indemnify,
and hold harmless shall be subject to the City's
promptly notifying The Applicant/Developer of any said
claim, action, or proceeding and the City's full
cooperation in the defense of such actions or
roceedin s.
11.
Retaining Walls: The Applicant/Developer shall
PL
Issuance of
Project
indicate on the plot plans, with dimensions, the precise
building permit
Specific
location of the point on the side yard retaining walls
where the wall material will change from precision
block (able to be stuccoed) to split face block. The
intent of this condition is to assure that the entire
portion of the wall visible to the street (from the
perpendicular side -yard fence to the end of the wall
closest to the street) is able to be enhanced with
stucco material as required in the Planned
Development Plan. Also, it is intended that the
perpendicular side yard fence should be located at the
transition point of the two block materials. No stucco
wall face should occur behind the perpendicular side
yard fence. Potential issues may arise in the field
conditions which will be addressed on a case -by -case
basis as directed by the Stage 1 and Stage 2 Planned
Development Plan.
12.
Clean up. The Applicant/Developer shall be
PL
Ongoing
Standard
responsible for clean -up and disposal of project
related trash and for maintaining a clean, litter -free
site.
NO,
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
13.
Controlling Activities. The Applicant /Developer
PO, PI_
Ongoing
Standard
shall control all activities on the project site so as not
to create a nuisance to the surrounding residences.
14.
Noise /Nuisances. No loudspeakers or amplified
PO, PL
Ongoing
Standard
music shall be permitted to project or be placed
outside of the residential buildings during construction.
15.
Accessory Structures. The use of any accessory
PL, B, F
Ongoing
Standard
structures, such as storage sheds or trailer /container
units used for storage or for any other purpose during
construction, shall not be allowed on the site at any
time unless a Temporary Use Permit is applied for and
aeproved.
16.
Final building and site development plans shall be
PL
Issuance of
Project
reviewed and approved by the Community
building permit
Specific
Development Department staff prior to the issuance of
a building permit. All such plans shall insure:
a. That standard residential security requirements as
established by the Dublin Police Department are
provided.
b. That ramps, special parking spaces, signing, and
other appropriate physical features for the
handicapped, are provided throughout the site for
all publicly used facilities.
c. That continuous concrete curbing is provided for
all parking stalls, if necessary.
d. That exterior lighting of the building and site is not
directed onto adjacent properties and the light
source is shielded from direct offsite viewing.
e. That all mechanical equipment, including air
conditioning condensers, electrical and gas
meters, is architecturally screened from view, and
that electrical transformers are either underground
or architecturally screened.
f. That all vents, gutters, downspouts, flashings, etc.,
are painted to match the color of adjacent surface.
g. That all materials and colors are to be as
approved by the Dublin Community Development
Department. Once constructed or installed, all
improvements are to be maintained in accordance
with the approved plans. Any changes, which
affect the exterior character, shall be resubmitted
to the Dublin Community Development
Department for approval.
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
h. That all exterior architectural elements visible from
view and not detailed on the plans be finished in a
style and in materials in harmony with the exterior
of the building. All materials shall wrap to the
inside corners and terminate at a perpendicular
wall plane.
i. That all other public agencies that require review
of the project are supplied with copies of the final
building and site plans and that compliance is
obtained with at least their minimum Code
requirements.
17.
Fees. The Applicant/Developer shall pay all
PW
Zone 7 and
Standard
applicable fees in effect at the time of building permit
Parkland In-
issuance including, but not limited to, Planning fees,
Lieu Fees Due
Building fees, Dublin San Ramon Services District
Prior to Filing
fees, Public Facilities fees, Dublin Unified School
Each Final
District School Impact fees, Public Works Traffic
Map; Other
Impact fees, City of Dublin Fire Services fees, Noise
Fees Required
Mitigation fees, Inclusionary Housing In -Lieu fees,
with Issuance
Alameda County Flood and Water Conservation
of Building
District (Zone 7) Drainage and Water Connection fees,
Permits
and any other fees either in effect at the time and/or as
noted in the Develo ment A reement.
18.
Final landscape plans, irrigation system plans, tree
PL
Issuance of
Standard
preservation techniques, and guarantees, shall be
building permit
reviewed and approved by the Dublin Planning
Division prior to the issuance of the building permit.
All such submittals shall insure:
a. That plant material is utilized which will be capable
of healthy growth within the given range of soil
and climate.
b. That proposed landscape screening is of a height
and density so that it provides a positive visual
impact within three years from the time of planting.
c. That unless unusual circumstances prevail, at
least 75% of the proposed trees on the site are a
minimum of 15 gallons in size, and at least 50% of
the proposed shrubs on the site are minimum of 5
gallons in size.
d. That a plan for an automatic irrigation system be
provided which assures that . all plants get
adequate water. In unusual circumstances, and if
approved by Staff, a manual or quick coupler
9
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
system may be used.
e. That concrete curbing is to be used at the edges
of all planters and paving surfaces where
applicable.
f. That all cut and fill slopes conform to the master
vesting tentative map and conditions detailed in
the Site Development Review packet.
g. That all cut and fill slopes graded and not
constructed by September 1, of any given year,
are hydroseeded with perennial or native grasses
and flowers, and that stock piles of loose soil
existing on that date are hydroseeded in a similar
manner.
h. That the area under the drip line of all existing
oaks, walnuts, etc., which are to be saved are
fenced during construction and grading operations
and no activity is permitted under them that will
cause soil compaction or damage to the tree, if
applicable.
i. That a guarantee from the owners or contractors
shall be required guaranteeing all shrubs and
ground cover, all trees, and the irrigation system
for one year_
j. That a permanent maintenance agreement on all
landscaping will be required from the owner
insuring regular irrigation, fertilization and weed
abatement, if applicable.
19.
Water Efficient Landscaping Regulations: The
PL
On going
Standard
Applicant shall meet all requirements of the City of
Dublin's Water - Efficient Landscaping Regulations,
Section 8.88 of the Dublin Municipal Code.
20.
Landscape Plans. Civil Improvement Plans, Joint
PL
On going
Standard
Trench Plans, Street Lighting Plans and Landscape
Improvement Plans shall be submitted on the same
size sheet and plotted at the same drawing scale for
consistency, improved legibility and
interdisci Tina coordination.
21.
Utilities. Utilities shall be coordinated with proposed
PL
On going
Standard
tree placements to eliminate conflicts between trees
and utilities. Utilities may have to be relocated in order
to provide the required separation between the trees
and utilities.
22.
Chapter 8.72. The applicant shall work with staff
I PL
I On going
Standard
10
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
during the preparation of construction documents to
refine the landscape design so that it meets the intent
of Chapter 8.72 of the Dublin Municipal Code and so
that trees can be incorporated into the design as
shown on the Preliminary Landscape Plan.
23.
Open Space Areas. The open space area shall be
PL
On going
Standard
planted and irrigated to create landscape that is
attractive, conserves water, and requires minimal
maintenance.
24.
Streetscape Planting. The streetscape plantings
PL
On going
Standard
shall be consistent with the planting design across the
street so that they are visually corn atible.
25.
Plant Clearances. All trees planted shall meet the
PL
On going
Standard
following clearances.
a. 6' from the face of house walls or roof eaves.
b. 7' from fire hydrants, storm drains, sanitary sewers
and/or gas lines.
c. 5' from top of wing of driveways, mailboxes, water,
telephone and/or electrical mains
d. 15' from stop signs, street or curb sign returns.
e. 15' from either side of street lights.
26.
Cut and Fill Areas. Cut and fill slopes graded and
PL
On going
Standard
not landscaped by September 1, of any given year
shall be hydroseeded with an approved native erosion
control grass seed mix and that stockpiles of loose soil
existing on that date are hydroseeded in the same
manner.
27.
Irrigation System Warranty. The applicant shall
PL
On going
Standard
warranty the irrigation system and planting for a period
of one year from the date of installation. The applicant
shall submit for the Dublin Community Development
Department approval a landscape maintenance plan
for the Common Area landscape including a
reasonable estimate of expenses for the first five
ears.
28.
Walls and Fences. Applicant shall work with staff to
PL
On going
Standard
prepare a fencing and wall plan that is consistent with
Dublin Municipal Code and ad'acent subdivisions.
29.
Masonry Wall Caps. The design of masonry walls
PL
On going
Standard
shall be consistent with the Jordan Ranch standard
with precast concrete caps.
30.
Sustainable Landscape Practices: The landscape
PL
On going
Standard
design shall demonstrate compliance with sustainable
landscape practices as detailed in the Bay - Friendly
Landscape Guidelines by eaming a minimum of 60
oints or more on the Bay-Friendly scorecard and
NO,
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
specifying that 75% of the non -turf planting only
requires occasional, little or no shearing or summer
water once established.
31.
Plotting: The approved Site Development Review
PL
Issuance of
Project
would allow any of the three approved floor plans to
building
Specific
be constructed on any of the lots within Capistrello
permits
Court, subject to limitations as follows:
• Any single floor plan may not exceed 40% of the
subdivision.
• individual floor plans may be placed next to each
other. However, only two of the same individual
floor plans may be plotted next to each other
without being interrupted by a different floor plan.
• If two of the same individual floor plans are plotted
next to each other, the same individual floor plan
may not be plotted across the street from the two.
• In no case will the same architectural elevation or
color scheme be allowed next to or across the
street from each other, unless they are a different
individual floor plan.
32.
Public Art In -Lieu Contribution. In lieu of acquiring
P &CS
issuance of
Project
and installing a public art project, the Applicant has
building
Specific
elected to and shall make a public art in -lieu
permits and
Zoning
contribution payment in accordance with Chapter 8.58
recordation of
Ord Chp
of the Dublin Municipal Code and shall comply with
map for
8.58
the Public Art Compliance Report submitted by the
Subareas 2
Applicant, dated May 4, 2010, and on file with the
and 3
Planning Department. The public art in -lieu
contribution payment shall be made prior to the
issuance of the first building permit for the project in
the amount specified in Dublin Municipal Code section
8.58.050.13 (non- residential building more than 50,000
sq. ft.
33.
Public Art Easement and Access Easement. The
P &CS
Recordation of
Project
Applicant/Developer shall reserve a site and provide a
map for
Specific
public art easement and an access easement to the
Subareas 2
Zoning
City within the development project for a future public
and 3
Ord Chp
art project in accordance with Dublin Municipal Code
8.58
Section 8.58.050 prior to recordation of the map for
Subarea 2 or Subarea 3.
34.
Inclusionary Housing; In conjunction with
PL
With submittal
Project
subsequent entitlements, once the development
of Stage 2 DP
specific
potential of Subarea 1 and 4 are determined, a revised
& SDR for
Development Agreement will be executed to
Subareas 1&4
12
NO.
Agency.
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
determine the applicant's full compliance with the
inclusionary housing ordinance.
35.
School District: Acquisition of additional school
PL/
recordation of
Project
acreage by School District: If the School District and
DUSD
final map for
specific
the Developer have not entered into a mutually
subarea 2
acceptable agreement for the acquisition of some or
all of Subarea 2 prior to April 1, 2013, the developer
may proceed with the development of the 56 lot plan
in Subarea 2 as approved for Jordan Ranch 2. If a
mutually acceptable agreement is reached between
the School District and the Developer for some or all
of Subarea 2 prior to April 1, 2013, then Developer will
be required to process a revised Tentative Tract Map
and receive any necessary approvals to modify the
development on Subarea 2 of Jordan Ranch 2.
36.
Delivery of useable School site to School District:
PL!
recordation of
Project
Developer shall deliver a 10 net acre "usable" site to
DUSD
final map for
specific
the School District. Should the District elect to
subarea 2
purchase additional acreage as prescribed in
Condition 35 above the additional acreage shall also
be "usable ". Any modifications to the approved
Tentative Tract Map to accomplish delivery of said site
shall be reviewed and approved by the Planning
Commission. The exact definition of "usable" is as
follows; ten net acres measured from back of curb,
rough- graded to plus /minus 2% slope with utilities
stubbed to back of curb or as otherwise agreed to by
the School District. the timing of the school site
delivery to the District shall be determined by the
School District with notice provided in writing to the
developer no less than 6 months prior to expected
delivery.
Y
:k
J:
37.
General Public Works Conditions of Approval:
PW
Ongoing
Standard
Developer shall comply with the City of Dublin General
C of A
Public Works Conditions of Approval contained below
( "Standard C of A ") unless specifically modified by
Project Specific Conditions of Approval.
38.
Development Agreement: If necessary the existing
PW
First Final Map
Standard
Development Agreement will be amended.
C of A
36.
Street Lighting Maintenance Assessment District:
PW
First Final Map
Standard
The Developer shall request the area to be annexed
C of A
into a subaone of the Dublin Ranch Street Lighting
Maintenance Assessment District and shall provide
any exhibits required for the annexation. In addition
Develop er shall pay all administrative costs associated
13
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
with processing the annexation.
37.
Ownership and Maintenance of Improvements:
PW
Final Map and
Project
Ownership, dedications on final map, and
Ongoing
Specific
maintenance of street right -of -ways, common area
parcels, and open space areas shall be by the City of
Dublin, the Homeowner's Association, and a Geologic
Hazard Abatement District, as shown on the
Ownership and Maintenance Responsibility Exhibit,
Stage It submittal, Tract Map 8024, prepared by
Ruggeri- Jensen -Azar Associates, dated April 22,
2010,
38.
Landscape Features within Public Right of Way.
PW
First Final Map;
Standard
The Developer shall enter into an "Agreement for bong
Modify with
C of A
Term Encroachments" with the City to allow the HOA
Successive
to maintain the landscape and decorative features
Final Maps
within public Right of Way including frontage & median
landscaping, decorative pavements and special
features (i.e., walls, portals, benches, etc.) as
generally shown on Site Development Review
exhibits. The Agreement shall identify the ownership
of the special features and maintenance
responsibilities. The Homeowner's Association will be
responsible for maintaining the surface of all
decorative pavements including restoration required
as the result of utility re airs.
39.
Covenants, Conditions and Restrictions (CC &Rs).
PW
First Final Map;
Standard
A Homeowners Association shall be formed by
Modify with
C of A
recordation of a declaration of Covenants, Conditions,
Successive
and Restrictions to govern use and maintenance of
Final Maps
the landscape features within the public right of way
contained in the Agreement for Long Term
Encroachments and the frontage landscaping along
Positano Parkway, Central Parkway, Fallon Road, and
interior streets. Said declaration shall set forth the
Association name, bylaws, rules and regulations. The
CC &Rs shall ensure that there is adequate provision
for the maintenance, in good repair and on a regular
basis, of the landscaping & irrigation, decorative
pavements, median islands, fences, walls, drainage,
lighting, signs and other related improvements. The
CC &Rs shall also contain all other items required by
these conditions. The Developer shall submit a copy
of the CUR document to the City for review and
aDDroval.
40.
Public Streets: Developer shall construct street
PW
Each Final Map
Standard
improvements and offer for dedication to the City of
C of A
14
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
- Prior to:
Dubbin the rights of way for Fallon Road, Central
Parkway, and interior streets as shown on the
Tentative Map, to the satisfaction of the City Engineer.
The right - of-way for Fallon Road shall be dedicated
along the entire length of the project with the first final
map to be filed_ The right - of-way for Central Parkway
shall be dedicated along its entire length with the first
final map to be fled for Neighborhoods 1-4.
41.
Central Parkway/ Street "I" Intersection/ Traffic
PW
First Final Map
Project
Signal: Stop sign control will initially be provided in
for
Specific
conjunction with the first improvements allowed by the
Neighborhoods
filing of the first final map. A traffic signal shall be
2 -6 and prior to
installed at the Central Parkway/ Street "I" intersection
acceptance of
prior to acceptance of improvements for the last final
improvements
map. A street -type driveway shall be provided on the
authorized by
south leg of the intersection to serve the future
last final map
communit
y park.
42.
Central Parkway/ School Road Intersection/ Traffic
PW
First Final Map
Project
Signal: Traffic signal conduit and pull boxes shall be
for
Specific
installed at the Central Parkway/ School Road
Neighborhoods
intersection to allow future signalization of the
2 -6
intersection. The joint trench shall include conduit to
provide power to the future signal cabinet_ Curb
extensions shall be provided at the intersection as
recommended in the Jordan Ranch Traffic Analysis
and Site Plan Review, Fehr & Peers Transportation
Consultants, March 23, 2010 (henceforth "the Fehr &
Peers Review").
43.
Central Parkway/ Street "L" Intersection: Curb
PW
First Final Map
Project
extensions shall be provided as recommended in the
for
Specific
Fehr & Peers Review.
Neighborhoods
2 -6
44.
Central Parkway/ Fallon Road Intersection/ Traffic
PW
First Final Map
Project
Signal: In conjunction with the first final map for
for
Specific
Neighborhoods 2 -6, the Central Parkway/ Fallon Road
Neighborhoods
intersection shall be constructed. Improvements. shall
2 -6
generally be in conformance with the
recommendations of the Fehr & Peers Review, or as
approved by the Senior Transportation Engineer. The
intersection shall be improved to include the following:
• Westbound Central Parkway Approach: 8'
Median Island, Two 12' Left Turn Lanes, One 12'
Thru Lane, One 6' Bicycle Lane, and One 12'
Right Turn Lane (One Westbound Thru Lane as
shown on the Tentative Map shall be eliminated)
15
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
• Eastbound Central Parkway Approach: One 12'
Thru Lane and One 8' Shoulder/ Bicycle Lane
(One Eastbound thru Lane as shown on the
tentative map shall be eliminated).
• Northbound Fallon Road Approach: One 12' Left
Turn Lane, One 12' Thru Lane, one 5' Bicycle
Lane, and one 12' Right Turn Lane
• Southbound Fallon Road Approach: One 12' Left
Turn Lane, One 12' Thru Lane, One 5' Bicycle
Lane, and One 12' Right Turn Lane
The final intersection alignment shall be as determined
by the City Traffic Engineer. The existing traffic signal
shall be modified to accommodate the fourth leg of the
intersection.
45.
Offsite Grading Easement: Prior to issuance of
PW
Issuance of
Project
grading permit for Neighborhoods 5 and 6, a grading
Grading
Specific
easement shall be obtained from the owners of the
Permits for
adjoining Chen and Croak properties. This condition
Neighborhoods
does not apply to mass or remedial grading within the
5 and 6
.Jordan ro e
46.
Street L: The Street L right -of -way shall be extended
PW
Final Map for
Project
to the southerly end of the project to allow future
Subarea 3
Specific
extension onto the Chen property.
47.
Street L: A barrier, guardrail, or fence shall be
PW
Final Map for
Project
provided along the south side of the southerly leg of
Subarea 3
Specific
the Street L loop.
48.
Subarea 3 Pedestrian Circulation: A detailed
PW
Final Map or
Project
pedestrian circulation plan shalt be provided for
Issuance of
Specific
Subarea 3, showing the connections between each
Grading
unit, parking, common space areas or facilities, and
Permits for
the adjoining streets.
Subarea 3
49.
Street VV: The final design of the Street W traffic
PW
Final Map or
Project
calming measures shall be approved by the Public
Issuance of
Specific
Works Department, the Community Development
Grading
Department, and the Alameda County Fire
Permits for
Department.
Subarea 2
50.
Offsite Right -of -Way: Croak Property: Right -of -way
PW
Final Map
Project
necessary for the improvement of Central Parkway
which creates
Specific
shall be acquired from the Croak property as
76" lot in
necessary. Acquisition of the Croak property shall be
Neighborhoods
completed prior to filing of the first final map for
2 -6
Neighborhoods 2 -6. Land acquisition costs shall be at
the expense of the developer. Acquisition of offsite
right-of-way covered by this condition shall be subject
16
NO.
Agency
When
Source
CONDITIONS OF APPROVAL `
Required,
Prior to:
to Section 66462.5 of the Subdivision Map Act.
51.
Central Parkway Extension to Croak Road: Croak
PW
Final Map
Project
Road Public Access: Central Parkway shall be
which creates
Specific
extended to Croak Road in conjunction with the first
76h lot in
final map for Neighborhoods 2 -6, as shown on the
Neighborhoods
tentative map or as modified by the Ci Engineer.
2 -6
52.
Traffic Impact Fees: The developer shall be
PW
issuance of
Standard
responsible for payment of the Eastern Dublin Traffic
Building
C of A
Impact Fee (Sections 1 and 2), the Eastern Dublin I-
Permits
580 Interchange Fee, and the Tri- Valley
Transportation Development Fee. Fees will be
payable at issuance of building permits.
53.
Eastern Dublin Traffic Impact Fee Minimum
PW
Issuance of
Standard
Payment: The developer shall be responsible for
Building
C of A
payment of a minimum portion of the Eastern Dublin
Permits
Traffic Impact Fee in cash (11% Category 1 and 25%
of Category 2), as specified in the resolution
establishing the Eastem Dublin Traffic Impact Fee.
These minimum cash payment shall be in addition to
any other payment noted in these conditions and may
not be offset by fee credits.
54.
Neighborhood Square: The Neighborhood Square
PW
First Final Map
Project
in Subarea 3, Parcel E, shall contain a minimum of
for
Specific
2.00 acres and be shown on the Final Map as future
Neighborhood
parkland to be dedicated to the City of Dublin on the
2-6
map or by separate document. The parcel line shall be
at the back of sidewalk on Central Parkway and back
of curb on the remaining frontages. The City will not
accept this Parcel until the site is rough graded,
including erosion control measures, as generally
shown on the tentative map, Sheet 9. Neighborhood
parkland credits will not be provided until the site is
rough g raded and offered to the City.
55.
School Site: The Developer shall rough grade the
PW
School Site to
Project
school site in Subarea 2 (Parcel J), including erosion
Be reserved on
Specific
control measures, as generally shown on the
the First Final
Tentative Map, Sheet 7, to the satisfaction of the City
Map for
Engineer. Grading shall be completed within 24
Neighborhoods
months of filing the first map for Neighborhoods 2 -6,
2 -6; Grading to
and will be specified in the improvement agreement
be Completed
for these maps. The Developer shall be responsible
as Required
for ongoing erosion control, weed abatement, and
Under
trash removal until the school site is accepted by the
Improvement
Dublin Unified School District.
Agreement
56.
Neighborhood Park & School Utility Stubs: Utilities
PW
Applicable
Standard
shall be stubbed to the adjacent Neighborhood Park,
Final Ma
C of A
17
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
Neighborhood Square, and school site at locations
approved by the City's Parks Department and School
District.
57.
School District Conduit: One empty 3" conduit with
PW
Applicable
Standard
pull wire, to accommodate future School District
Final Map
C of A
communication use, shall be installed from the existing
conduit in Fallon Road at Central Parkway east in
Central Parkway to School Road and north in School
Road to the school site Parcel J).
58.
Dublin Ranch Eastside Storm Drain Benefit
PW
Prior to First
Standard
District (G -3 Culvert): In accordance with Dublin
Final Map or
C of A
Municipal Code section 7.74.294, Developer shall pay
first building
Project
the applicable benefit charges for the property.
permit,
Specific
whichever is
earlier
59.
Geologic Hazard Abatement District: Prior to filing
PW
Prior to each
Standard
the first final map, the annexation of the entire project
final map;
C of A
into the Fallon Village Geologic Hazard Abatement
Update with
District (GRAD) covering the entire project shall be
successive
completed. The board of directors for the GHAD shall
maps as
be the City Council of the City of Dublin. The GHAD
needed
shall be responsible for the ongoing maintenance of
the open space areas (including benches and brow
ditches, maintenance roads or trails, and fencing) and
the water quality control pond, and shall include a
reserve for unforeseen repair of future slope instability.
Developer shall be responsible for submitting all
documents necessary for annexation into the GRAD,
including a plan of control, which shall include an
annual operating budget for buildout of the project,
and the petition. Developer shall also be responsible
for all administrative costs associated with processing
the annexation. Initial assessments against property
owners shall not be lower than ultimate assessments
at buildout. The CC &Rs for the project shall contain
financial mechanisms, such as deed assessments,
enforceable by the City that to ensure that the property
owners are obligated to pay the costs of maintenance
in the event that the GHAD is dissolved or does not
have sufficient resources to perform its obligations.
The CC &Rs shall also include provisions that require
the property owners' association to pay the GHAD or
City's attorneys' fees in the event that either enforces
the Homeowner's Association's obligation to fund
maintenance of the open space areas and the water
y control pond. The CC &Rs shall be reviewed
qualit
18
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior ion
and approved by the City Engineer and City Attorney
to ensure compliance with this condition of approval.
Ownership of GHAD- maintained parcels shall be by
the GRAD in fee as shown in the Vesting Tentative
Map.
60.
Remedial Grading Plan. The grading plan shall
PW
First Final Map
Standard
include a remedial grading plan prepared by the
or Issuance of
C of A
project geotechnical consultant, outlining area of slide
Grading
repair, benches, keyways, over - excavation at cut -fill
Permits
transitions, subdrains, and other recommendations of
the consultant. The remedial grading plan will be
subject to review and approval by the City's own
eotechnical consultant.
61.
Resource Agency Permits; Prior to the filing of the
PW
Prior to First
Standard
first final map, and prior to the start of any grading of
Final Map or
C of A
the site as necessary, permits shall be obtained from
Issuance of
the US Army Corps of Engineers, the San Francisco
Grading Permit
Bay Regional Water Quality Control Board, the State
of California Department of Fish and Game, and the
US Fish and Wildlife Service for the grading or
alteration of wetland areas within the site. The project
shall be modified as needed to respond to the
conditions of the permits. In the event that permits
require the creation of permanent habitat or other
mitigation measures within the project limits, the
developer shall provided (1) conservation easements
or other land use restrictions over the project as
required by the resource agencies and (2) provide
funding for ongoing maintenance of habitat areas in,
the form of an endowment (to the City or a third party)
or ongoing assessments (through the GRAD). The
City reserves the right to modify or add conditions of
approval as needed in response to the final permit
conditions from the resource agencies.
Ongoing
Standard
62.
The Developer shall comply with the Subdivision Map
PW
Act, the City of Dublin Subdivision, and Grading
C of A
Ordinances, the City of Dublin Public Works
Standards and Policies, the most current requirements
of the State Code Title 24 and the Americans with
Disabilities Act with regard to accessibility, and all
building and fire codes and ordinances in effect at the
time of building permit. All public improvements
constructed by Developer and to be dedicated to the
19
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
City are hereby identified as "public works" under
Labor Code section 1771. Accordingly, Developer, in
constructing such improvements, shall comply with the
Prevailing Wage Law (Labor Code. Sects. 1720 and
following).
63.
The Developer shall defend, indemnify, and hold
PW
Ongoing
Standard
harmless the City of Dublin and its agents, officers,
C of A
and employees from any claim, action, or proceeding
against the City of Dublin or its agents, officers, or
employees to attack, set aside, void, or annul an
approval of the City of Dublin or its advisory agency,
appeal board, Planning Commission, City Council,
Community Development Director, Zoning
Administrator, or any other department, committee, or
agency of the City related to this project (Tract Map
8024) to the extent such actions are brought within the
time period required by Government Code Section
66499.37 or other applicable law; provided, however,
that The Developer's duty to so defend, indemnify, and
hold harmless shall be subject to the City's promptly
notifying The Developer of any said claim, action, or
proceeding and the City's full cooperation in the
defense of such actions or proceedings.
AGREEMENTS AND BOND$'
64.
The Developer shall enter into a Tract Improvement
PW
First Final Map
Standard
Agreement with the City for all public improvements
and
C of A
including any required offsite storm drainage or
Successive
roadway improvements that are needed to serve the
Maps
Tract that have not been bonded with another Tract
Improve ent Agreement.
65.
The Developer shall provide performance (100 %), and
PW
First Final Map
Standard
labor & material (100 %) securities to guarantee the
and
C of A
tract improvements, approved by the City Engineer,
Successive
prior to execution of the Tract Improvement
Maps
Agreement and approval of the Final Map. (Note:
Upon acceptance of the improvements, the
performance security may be replaced with a
maintenance bond that is 25% of the value of the
performance security.)
FEES
66.
Fire Fee Advance. Prior to the filing of the first final
PW
First Final Map
Project
map, the developer shall make an advance payment
Specific
of Fire Facilities Fees equal to 5.71%. of the then -
outstanding amounts of the advances made by DR
Acquisitions and the City General Fund to construct
and a ui , respectively, Fire Station 18 and Fire
20
NO.
Agency
When.
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
Station 17. The advance will be used to repay a
portion of monies advanced by DR Acquisitions, LLC
and the City General Fund.
City will provide a credit to developer in the amount of
developer's advance of monies pursuant to this
condition. Developer shall be responsible for the
payment of an Administrative Fee to establish the
credit. The credit may be used by 'developer against
payment of Fire Facilities Fee on this property or any
property where Developer has an interest in the City of
Dublin. The amount of the credit, once established,
shall not be increased for inflation and shall not accrue
interest. The credits with written notice to City, and
payment of an administrative fee, may be transferred
by developer to another developer of land in Dublin.
Other aspects of the credit shall be consistent with the
City's Traffic Impact Fee Guidelines.
67.
The Developer shall dedicate parkland or pay in -lieu
PW
Prior to Each
Standard
fees in the amounts and at the times set forth in City of
Final Map
C of A
Dublin Resolution No. 214 -02, or in any resolution
revising these amounts and as implemented by the
Administrative Guidelines adopted by Resolution 195-
99.
PERMITS
68 .
Developer shall obtain an Encroachment Permit from
PW
Prior to Start of
Standard
the Public Works Department for all construction
Work
C of A
activity within the public right -of -way of any street
where the City has accepted the improvements. The
encroachment permit may require surety for slurry
seal and restriping. At the discretion of the City
Engineer an encroachment for work specifically
included in an Improvement Agreement may not be
required
69.
Developer shall obtain a Grading / Sitework Permit
PW
Prior to Start of
Standard
from the Public Works Department for all grading and
Work
C of A
private site improvements that serves more than one
lot or residential condominium unit.
70.
Developer shall obtain all permits required by other
PW
Prior to Start of
Standard
agencies including, but not limited to Alameda County
Work
C of A
Flood Control and Water Conservation District Zone 7,
California Department of Fish and Game, Army Corps
of Engineers, Regional Water Quality Control Board,
Caltrans and provide copies. of the permits to the
Public Works Department.
21
NO.
Agency
When
.Source
CONDITIONS OF APPROVAL
Required,
Prior to:
SUBMITTALS
71.
All submittals of plans and Final Maps shall comply
PW
Prior to
Standard
with the requirements of the "City of Dublin Public
Approval of
C of A
Works Department Improvement Plan Submittal
Improvement
Requirements ", and the "City of Dublin Improvement
Plans or Final
Plan Review Check List".
Ma
72.
The Developer will be responsible for submittals and
PW
Prior to
Standard
reviews to obtain the approvals of all participating non-
Approval of
C of A
City agencies. The Alameda County Fire Department
Improvement
and the Dublin San Ramon Services District shall
Plans or Final
approve and sign the Improvement Plans.
Map
73.
Developer shall submit a Geotechnical Report, which
PW
Prior to
Standard
includes street pavement sections and grading
Approval of
C of A
recommendations.
Improvement
Plans, Grading
Plans, or Final
Ma
74.
Developer shall provide the Public Works Department
PW
Prior to
Standard
a digital vectorized file of the "master" files for the
Acceptance of
C of A
project when the Final Map has been approved.
Improvements
Digital raster copies are not acceptable. The digital
and Release of
vectorized files shall be in AutoCAD 14 or higher
Bonds
drawing format. Drawing units shall be decimal with
the precision of the Final Map. All objects and entities
in layers shall be colored by layer and named in
English. All submitted drawings shall use the Global
Coordinate System of USA, California, NAD 83
California State Plane, Zone Ill, and U.S. foot.
FINAL MAP
75.
The Final Map shall be substantially in accordance
PW
Prior to
Standard
with the Tentative Map approved with this application,
Approval of
C of A
unless otherwise modified by these conditions.
Final Map
Multiple final maps may be filed in phases, provided
that each phase is consistent with the tentative map,
that phasing progresses in an orderly and logical
manner and adequate infrastructure is installed with
each phase to serve that phase as a stand -alone
project that is not dependent upon future phasing for
infrastructure.
76.
All rights -of -way and easement dedications required
PW
Prior to
Standard
by the Tentative Map including the Public Service
Approval of
C of A
Easement shall be shown on the Final Map.
Final Ma
77.
Street names shall be assigned to each publictprivate
PW
Prior to
Standard
street pursuant to Municipal Code Chapter 7.08. The
I Approval of
I C of A
22
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,'.'
Prior to:
approved street names shall be indicated on the Final
Final Map
.Map.
78.
The Final Map shall include the street monuments to
PW
Monuments to
Standard
be set in all public streets.
be Shown on
C of A
Final Map and
Installed Prior
to Acceptance
Of
Improvements
EASEMENTS
79.
The Developer shall obtain abandonment from all
PW
Prior to
Standard
applicable public agencies of existing easements and
Approval of
C of A
right of ways within the development that will no longer
Improvement
be used.
Plans or
Appropriate
Final Ma
80.
The Developer shall acquire easements, and/or obtain
PW
Prior to
Standard
rights -of -entry from the adjacent property owners for
Approval of
C of A
any improvements on their property. The easements
Improvement
and/or rights -of -entry shall be in writing and copies
Plans or
furnished to the City Engineer.
Appropriate
Final Ma
GRADING
89.
The Grading Plan shall be in conformance with the
PW
Prior to
Standard
recommendations of the Geotechnical Report, the
Approval of
C of A
approved Tentative Map and /or Site Development
Grading Plans
Review, and the City design standards & ordinances.
or Issuance of
In case of conflict between the soil engineer's
Grading
recommendations and City ordinances, the City
Permits, and
Engineer shall determine which shall apply.
On oin
82.
A detailed Erosion Control Plan shall be included with
PW
Prior to
Standard
the Grading Plan approval. The plan shall include
Approval of
C of A
detailed design, location, and maintenance criteria of
Grading Plans
all erosion and sedimentation control measures.
or Issuance of
Grading
Permits, and
Ongoing
83.
Tiebacks or structural fabric for retaining wails shall
PW
Prior to
Standard
not cross property lines, or shall be located a minimum
Approval of
C of A
of 2' below the finished grade of the upper lot.
Grading Plans
or Issuance of
Grading
Permits, and
Ongoing
84.
1 Bank slopes along public streets shall be no steeperA steeper
PW
I
Standard
23
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
than 3:1 unless shown otherwise on the Tentative Map
Approval of
C of A
Grading Plan exhibits. The toe of any slope along
Grading Plans
public streets shall be one foot back of walkway. The
or Issuance of
top of any slope along public streets shall be three feet
Grading
back of walkway. Minor exception may be made in the
Permits, and
above slope design criteria to meet unforeseen design
Ongoing
constraints subject to the approval of the City
Engineer.
IMPROVEMENTS
85.
The public improvements shall be constructed
PW
Prior to
Standard
generally as shown on the Tentative Map and/or Site
Approval of
C of A
Development Review. However, the approval of the
Improvement
Tentative. Map and/or Site Development Review is not
Plans or Start
an approval of the specific design of the drainage,
of
sanitary sewer, water, and street improvements.
Construction,
and Ongoing
86.
All public improvements shall conform to the City of
PW
Prior to
Standard
Dublin Standard Plans and design requirements and
Approval of
C of A
as approved by the City Engineer.
Improvement
Plans or Start
Of
Construction,
and On oin
87.
Public streets shall be at a minimum 1% slope with
PW
Prior to
Standard
minimum gutter flow of 0.7% around bumpouts.
Approval of
C of A
Private streets and alleys shall be at minimum 0.5%
Improvement
slope.
Plans or Start
of
Construction,
and Ongoing
88.
Curb Returns on arterial and collector streets shall be
PW
Prior to
Standard
40-foot radius, all internal public streets curb returns
Approval of
C of A
shall be 30-foot radius (36 -foot with bump outs) and
Improvement
private streets /alleys shall be a minimum 20-foot
Plans or Start
radius, or as approved by the City Engineer. Curb
of
ramp locations and design shall conform to the most
Construction,
current Title 24 and Americans with Disabilities Act
and Ongoing
requirements and as approved by the City Traffic
En ineer.
89.
Any decorative pavers installed within City right -of -way
PW
Prior to
Standard
shall be done to the satisfaction of the City Engineer.
Approval of
C of A
Where decorative paving is installed at signalized
Improvement
intersections, pre - formed traffic signal loops shall be
Plans or Start
put under the decorative pavement. Decorative
of
pavements shall not interfere with the placement of
Construction,
traffic control devices, including pavement markings.
and On oin
24
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
All turn lane stripes, stop bars and crosswalks shall be
delineated with concrete bands or color pavers to the
satisfaction of the City Engineer Maintenance costs
of the decorative paving shall be the responsibility of
the Homeowners Association
90.
The Developer shall install all traffic signs and
PW
Prior to
Standard
pavement marking as required by the City Engineer.
Occupancy of
C of A
Units or
Acceptance of
Improvements
91.
Street light standards and luminaries shall be
PW
Prior to
Standard
designed and installed per approval of the City
Occupancy of
C of A
Engineer. The maximum voltage drop for streetlights
Units or
is 5 %.
Acceptance of
I m rovements
92.
All new traffic signals shall be interconnected with
PW
Prior to
Standard
other new signals within the development and to the
Occupancy of
C of A
existing City traffic signal system by hard wire.
Units or
Acceptance of
Improvements
93.
The Developer shall construct bus stops and shelters
PW
Prior to
Standard
at the locations designated and approved by the
Occupancy of
C of A
LAVTA and the City Engineer. The Developer shall
Units or
pay the cost of procuring and installing these
Acceptance of
improvements.
Improvements
94.
Developer shall construct all potable and recycled
PW
Prior to
Standard
water and sanitary sewer facilities required to serve
Occupancy of
C of A
the project in accordance with DSRSD master plans,
Units or
standards, specifications and requirements.
Acceptance of
I m rovements
95.
Fire hydrant locations shall be approved by the
PW
Prior to
Standard
Alameda County Fire Department. A raised reflector
Occupancy of
C of A
blue traffic marker shall be installed in the street
Units or
opposite each hydrant.
Acceptance of
Improvements
96.
The Developer shall furnish and install street name
PW
Prior to
Standard
signs for the project to the satisfaction of the City
Occupancy of
C of A
Engineer.
Units or
Acceptance of
Improvements
97.
Developer shall construct gas, electric, cable TV and
PW
Prior to
Standard
communication improvements within the fronting
Occupancy of
C of A
streets and as necessary to serve the project and the
Units or
future adjacent parcels as approved by the City
Acceptance of
En ineer and the various Public Utili a encies.
Improvements
98.
All electrical, 2as, tellephone, and Cable TV utilities,
PW
Prior to
Standard
25
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
shall be underground in accordance with the City
Occupancy of
C of A
policies and ordinances. All utilities shall be located
Units or
and provided within public utility easements and sized
Acceptance of
to meet utility company standards.
Improvements
99.
All utility vaults, boxes and structures, unless
PW
Prior to
Standard
specifically approved otherwise by the City Engineer,
Occupancy of
C of A
shall be underground and placed in landscape areas
Units or
and screened from public view. Prior to Joint Trench
Acceptance of
Plan approval, landscape drawings shall be submitted
Improvements
to the City showing the location of all utility vaults,
boxes and structures and adjacent landscape features
and plantings. The Joint Trench Plans shall be signed
by the City Engineer prior to construction of the joint
trench improvements.
CONSTRUCTION
100.
The Erosion Control Plan shall be implemented
PW
Ongoing as
Standard
between October 15th and April 15th unless otherwise
Needed
C of A
allowed in writing by the City Engineer. The Developer
will be responsible for maintaining erosion and
sediment control measures for one year following the
City's acce Lance of the subdivision improvements.
101.
If archaeological materials are encountered during
PW
Ongoing as
1993
construction, construction within 30 feet of these
Needed
EDEIR
materials shall be halted until a professional
MM
Archaeologist who is certified by the Society of
California Archaeology (SCA) or the Society of
Professional Archaeology (SOPA) has had an
opportunity to evaluate the significance of the find and
suggest appropriate miti ation measures.
102.
Construction activities, including the maintenance and
PW
Ongoing as
Standard
warming of equipment, shall be limited to Monday
Needed
C of A
through Friday, and non -City holidays, between the
hours of 7:30 a.m. and 5:30 p.m. except as otherwise
approved by the City Engineer. Extended hours or
Saturday work will be considered by the City Engineer
on a case-by-case basis.
103.
Developer shall prepare a construction noise
PW
Prior to Start of
Stan and
management plan that identifies measures to be taken
Construction
C of A
to minimize construction noise on surrounding
Implementation
developed properties. The plan shall include hours of
Ongoing as
construction operation, use of mufflers on construction
Needed
equipment, speed limit for construction traffic, haul
routes and identify a noise monitor. Specific noise
management measures shall be provided prior to
project construction.
104.1
Developer shall prepare a plan for construction traffic
I PW
Prior to Start of
Standard
26
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
interface with public traffic on any existing public
Construction;
C of A
street. Construction traffic and parking may be subject
Implementation
to specific requirements by the City Engineer.
Ongoing as
Needed
105.
The Developer shall be responsible for controlling any
PW
Ongoing
Standard
rodent, mosquito, or other pest problem due to
C of A
construction activities.
'COG.
The Developer shall be responsible for watering or
PW
Prior to Start of
Standard
other dust - palliative measures to control dust as
Construction;
C of A
conditions warrant or as directed by the City Engineer.
Implementation
Ongoing as
Needed
107.
The Developer shall provide the Public Works
PW
Prior to
tandard
Department with a letter from a registered civil
Issuance of
C of A
engineer or surveyor stating that the building pads
Building
have been graded to within 0.1 feet of the grades
Permits or
shown on the approved Grading Plans, and that the
Acceptance of
top & toe of banks and retaining walls are at . the
Improvements
locations shown on the approved Grading Plans.
NPDES
108.
Prior to any clearing or grading, the Developer shall
PW
Prior to Start of
Standard
provide the City evidence that a Notice of Intent (NOI)
Any
C of A
has been sent to the California State Water Resources
Construction
Control Board per the requirements of the NPDES. A
Activities
copy of the Storm Water Pollution Prevention Plan
(SWPPP) shall be provided to the Public Works
Department and be kept at the construction site.
109.
The Storm Water Pollution Prevention Plan (SWPPP)
PW
SWPPP to be
Standard
shall identify the Best Management Practices (BMPs)
Prepared Prior
C of A
appropriate to the project construction activities. The
to Approval of
SWPPP shall include the erosion control measures in
Improvement
accordance with the regulations outlined in the most
Plans:
current version of the ABAG Erosion and Sediment
Implementation
Control Handbook or State Construction Best
Prior to Start of
Management Practices Handbook. The Developer is
Construction
responsible for ensuring that all contractors implement
and Ongoing
all storm water pollution prevention measures in the
as Needed
SWPPP.
110.
The Homeowner's Association shall enter into an
PW
Prior to First
Standard
agreement with the City of Dublin that guarantees the
Final Map;
C of A
perpetual maintenance obligation for all storm water
Modify as
treatment measures installed as part of the project.
needed with
Said' agreement is required pursuant to Provision
Successive
C.3.h. of RWQCB Order R2 -2009 -0074 for the
Maps
issuance of the Alameda Countywide NPDES
municipal storm water permit . Said permit requires
27
NO.
Agency
When
..Source
CONDITIONS OF APPROVAL
Required,
Prior to:
the City to provide verification and assurance that all
treatment devices will be properly operated and
maintained. This condition shall not apply if the water
quality treatment measures are maintained by a
GHAD or other public entit .
..
171. Building Codes and Ordinances: All project
B
Through
Standard
construction shall conform to all building codes and
Completion
ordinances in effect at the time of building ermit.
112.
Building Permits: To apply for building permits,
B
Issuance of
Standard
Applicant/Developer shall submit seven (7) sets of
building permit
construction plans to the Building Division for plan
check. Each set of plans shall have attached an
annotated copy of these Conditions of Approval. The
notations shall clearly indicate how all Conditions of
Approval will or have been complied with.
Construction plans will not be accepted without the
annotated resolutions attached to each set of plans.
Applicant/Developer will be responsible for obtaining
the approvals of all participation non -City agencies
prior to the issuance of building permits.
113.
Construction Drawings: Construction plans shall be
B
Issuance of
Standard
fully dimensioned (including building elevations)
building permit
accurately drawn (depicting all existing and proposed
conditions on site), and prepared and signed by a
California licensed Architect or Engineer. All structural
calculations shall be prepared and signed by a
California licensed Architect or Engineer. The site
plan, landscape plan and details shall be consistent
with each other.
114.
Retaining Walls: All retaining walls over 30 inches in
B
Through
Standard
height and in a walkway area shall be provided with
completion
guardrails. All retaining walls located on private
property, over 24 inches, with a surcharge, or 36
inches without a surcharge, shall obtain permits and
inspections from the Building Division.
115.
Phased Occupancy Plan: If occupancy is requested
B
Occupancy of
Standard
to occur in phases, then all physical improvements
any affected
within each phase shall be required to be completed
building
prior to occupancy of any buildings within that phase
except for items specifically excluded in an approved
Phased Occupancy Plan, or minor handwork items,
approved by the Community Development
Department. The Phased Occupancy Plan shall be
submitted to the Directors of Community Development
and Public Works for review and approval a minimum
29
NO.
Agency.
when
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
of 45 days prior to the request for occupancy of any
building covered by said Phased Occupancy Plan.
Any phasing shall provide for adequate vehicular
access to all parcels in each phase, and shall
substantially conform to the intent and purpose of the
subdivision approval. No individual building shall be
occupied until the adjoining area is finished, safe,
accessible, and provided with all reasonable expected
services and amenities, and separated from remaining
additional construction activity. Subject to approval of
the Community Development Director, the completion
of landscaping may be deferred due to inclement
weather with the posting of a bond for the value of the
deferred landscaping and associated improvements.
116.
Air Conditioning Units: Air conditioning units and
B
Occupancy of
Standard
ventilation ducts shall be screened from public view
unit
with materials compatible to the main building and
shall not be roof mounted. Units shall be permanently
installed on concrete pads or other non - movable
materials approved by the Building Official and
Community Development Director. Air conditioning
units shall be located such that each dwelling unit has
one side yard with an unobstructed width of not less
than 36 inches. Air conditioning units shall be located
in accordance with the PD text.
117.
Temporary Fencing: Temporary Construction
B
Through
Standard
fencing shall be installed along the perimeter of all
completion
work under construction.
118.
Addressing:
B
Issuance of
Standard
a. Provide a site plan with the City of Dublin's
building permit
address grid overlaid on the plans (1 to 30 scale).
and through
Highlight all exterior door openings on plans (front,
completion
rear, garage, etc.). (Prior to release of addresses)
b. Provide plan for display of addresses. The
Building Official and Director of Community
Development shall approve plan prior to issuance
of the first building permit. (Prior to permitting)
c. Addresses will be required on the front of the
dwellings. Addresses are also required near the
garage door opening if the opening is not on the
same side of the dwelling as the front door. (Prior
to permitting)
d. Address signage shall be provided as per the
Dublin Residential Security Code. (Occupancy of
29
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
any Unit).
e. Exterior address numbers shall be backlight and
be posted in such a way that they can be seen
from the street.
119.
Engineer Observation: The Engineer of record shall
B
Scheduling the
Standard
be retained to provide observation services for all
final frame
components of the lateral and vertical design of the
inspection
building, including nailing, hold downs, straps, shear,
roof diaphragm and structural frame of building. A
written report shall be submitted to the City Inspector
rior to scheduling the final frame ins ection.
120.
Foundation: Geotechnical Engineer for the soils
B
Through
Stan and
deport shall review and approve the foundation design.
completion
A letter shall be submitted to the Building Division on
the approval.
121.
Green Building: Green Building measures as
B
Through
Standard
detailed may be adjusted prior to master plan check
completion
application submittal with prior approval from the City's
Green Building Official. Provided that the design of
the project complies with the City of Dublin's Green
Building Ordinance and State Law as applicable. In
addition, all changes shall be reflected in the Master
Plans. (Through Completion)
The Green Building checklist shall be included in the
master plans. The checklist shall detail what Green
Points are being obtained and where the information is
found within the master plans. (Prior to first permit)
Prior to each unit final, the project shall submit a
completed checklist with appropriate verification that
all Green Points required by 7.94 of the Dublin
Municipal Code have been incorporated. (Through
Completion)
Homeowner Manual — if Applicant/Developer takes
advantage of this point the Manual shall be submitted
to the Green Building Official for review or a third party
reviewer with the results submitted to the City.
(Through Completion)
Landscape plans shall be submitted to the Green
Building Official for review. Prior to approval of the
landscape plans by the City of Dublin.
Applicant/Developer may choose self - certification or
certification by a third party as permitted by the Dublin
Municipal Code_ Applicant/Developer shall inform the
30
NO.
Agency
When
Source .
CONDITIONS OF APPROVAL
Required,
Prior to:
Green Building Official of method of certification prior
to release of the first permit in each subdivision 1
neighborhood.
122.
Cool Roofs: Flat roof areas shall have their roofing
B
Through
Standard
material coated with light colored gravel or painted
completion
with light colored or reflective material designed for
Cool Roofs.
123.
Electronic File: The Applicant/Developer shall submit
B
Issuance of
Standard
all building drawings and specifications for this project
building permit
in an electronic format to the satisfaction of the
Building Official prior to the issuance of building
permits. Additionally, all revisions made to the
building plans during the project shall be incorporated
into an "As Built' electronic file and submitted prior to
the issuance of the final occupancy.
124.
Construction trailer: Due to size and nature of the
B
Issuance of
Standard
development, the Applicant/Developer, shall provide a
Building
construction trailer with all hook ups for use by City
Permits
Inspection personnel during the time of construction as
determined necessary by the Building Official. In the
event that the City has their own construction trailer,
the applicant/developer shall provide a site with
appropriate hook ups in close proximity to the project
site to accommodate this trailer. The
Applicant/Developer shall cause the trailer to be
moved from its current location at the time necessary
as determined by the Building Official at the
Applicant/Developer's expense.
125.
Copies of Approved Plans: Applicant/Developer
B
30 days after
Standard
shall provide the City with 4 reduced (112 size) copies
permit and
of the approved plan.
each revision
issuance
126.
City Council Condition of Approval - Tandem
CC
Prior to the
City
Parking: In conjunction with the development of
issuance of
Council
Subarea 3 as identified in the Staff Report, the
Building
615112
applicant shall designate one on -site parking stall (40
Permits
total) for the exclusive use of any unit that has been
provided with a tandem garage. Designated parking
stalls shall not be located on a public street.
31
PASSED, APPROVED AND ADOPTED this 8h day of May 2012 by the following vote:
AYES: Wehrenberg, O'Keefe, Schaub, Brown, Bhuthimethee
NOES:
ABSENT:
ABSTAIN:
anning Commi hair
ATTESF--)g
Planning a er
G: !PAM20101PLPA- 2010 - 00068 Jordan Ranch Phase 2 GPA laitiationlPC Mtg 05.08.121pc reso approving sdr vtm for1ordan 2.D0CX
1877953.1
32
RESOLUTION NO. 91 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A CEQA ADDENDUM FOR THE PROTECT KNOWN AS
JORDAN RANCH 2 SPECIFIC TO FOUR SUBAREAS AND ADOPTING
A RELATED STATEMENT OF OVERRIDING CONSIDERATIONS
(APNs 985 -0027 -007 -02 and 986- 0027 - 006 -04)
PLPA -2010 -00068
WHEREAS, Mission Valley Properties representing BJP ROF Jordan Ranch LLC
( "Applicant ") submitted applications for Jordan Ranch 2, specific to four (4) subareas ( "Project
Site "). The applications include: 1) General Plan and Eastern Dublin Specific Plan
amendments to change land use designations, 2) Planned Development Rezoning with related
Stage 1 and Stage 2 Development Plan amendments, 3) Site Development Review (SDR) for
Subareas 2 and 3, and 4) Revised Vesting Tentative Tract 8024, The Project Site and the
applications are collectively known as the "Project," and
WHEREAS, Jordan Ranch is part of a larger project known as Fallon Village and
generally is located north of the extension of Central Parkway, south of Positano Parkway, east
of Fallon Road, and west of Croak Road; and
WHEREAS, the four subareas that comprise the Project Site and actions specific to each
subarea are described as:
Subarea 1) 10.7 -acre Elementary School site proposed for an underlay land use
designation of. Medium Density Residential (MDR) (6.1 to 14.0 dwelling
units per acre) with conceptual development proposed at 10 units per acre,
or 100 units; and
Subarea 2) 7.8 acres north of Central Parkway, including approximately 5.3 acres of
Medium -High Density Residential (MHDR) (14.1 to 25 dwelling units per
acre) and a 2.0 -acre Semi- Public overlay site, combined as Subarea 2 and
proposed for MDR, or 56 units, with an underlay land use designation of
PublictSemi- Public; and
Subarea 3) 6.6 acres south of Central Parkway of Mixed Use to Medium -High Density
Residential or 109 units; and
Subarea 4) 4.6 acres of a 52.7 -acre Open Space corridor facing Fallon Road (north of
central Parkway) to Mixed Use including 115 multifamily units at 25 units
per acre and 5,000 square feet of non - residential use at .35 FAR; and
WHEREAS, the proposed land use amendments and rezoning would result in a total of
964 units for Jordan Ranch which is 184 units greater than the 781 units approved by PA 09-
011, but less than the 1,064 units initially approved by PA 04 -040 and. analyzed in the 2005
Fallon Village SEIR; and
Reso No. 91 -12, Adopted 6 -5-12. Item 6.1 Page 1 of 4
WHEREAS, the Project site currently is vacant land; and
WHEREAS, the Project is in 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). The Eastern Dublin EIR identified
significant impacts from development of the Eastern Dublin area, some of which could not be
mitigated to less ' than significant. Upon approval of the Eastern Dublin General Plan
Amendment and Specific Plan, the City Council adopted mitigations, a mitigation monitoring
program and a Statement of Overriding Considerations (Resolution 53 -93, incorporated herein
by reference); and
WHEREAS, prior CEQA documents pertaining to the Project have been adopted as
follows. 1) Supplemental EIR SCH #2001052114 certified by City Council Resolution 40 -02
(2002) for the project known as the Eastern Dublin Property Owners (EDPO), and 2)
Supplemental EIR SCH #2005062010 certified by City Council Resolution 222 -05 (2005) for the
larger project known as Fallon Village; and 3) an Addendum addressing PA 09 -011 adopted
June 1, 2010 by City Council Resolution 80 -10 for Jordan Ranch. The above referenced
resolutions are incorporated herein by; and
WHEREAS, the Eastern Dublin EIR and Supplemental EIRs identified significant
unavoidable impacts from development of the Eastern Dublin area, some of which would apply
to the Project, therefore, approval of the Project must be supported by a Statement of
Overriding Considerations; and
WHEREAS, for the Jordan Ranch 2 Project, the City prepared an Initial Study to
determine if additional review of the proposed modifications and development was required
pursuant to CEQA Guidelines section 15162. Based on the Initial Study the City prepared an
Addendum dated May 8, 2012 describing the modifications, development, and findings that the
impacts of the proposed Project have been adequately addressed in the prior CEQA documents
referenced above. The Addendum is attached as Exhibit A and is incorporated herein by
reference; and
WHEREAS, on May 8, 2012, the Planning Commission adopted Resolution 12 -20
recommending that the City Council adopt the CEQA Addendum for the Jordan Ranch 2
Project; and
WHEREAS, a Staff Report for the City Council, dated June 5, 2012 and incorporated
herein by reference, described and analyzed the Addendum and the project, and recommended
adoption of the CEQA Addendum and approval of the Project; and
WHEREAS, on June 5, 2012 the City Council held a property noticed public hearing on
the Project at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council considered the Addendum, as well as the prior CEQA
documents and all above - referenced reports, recommendations, and testimony before taking
any action.
Reso No. 91 -12, Adopted 6 -5-12, Item 6.1 Page 2 of 4
NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the City Council makes the following findings to
support the determination that no further environmental review is required under CEQA for the
proposed Project. These findings are based on information contained in the CEQA Addendum,
the prior CEQA documents, the City Council staff report, and all other information contained in
the record before the City Council. These findings constitute a summary of the information
contained in the entire record. The detailed facts to support the findings are set forth in the
CEQA Addendum and related Initial Study, the prior CEQA documents, and elsewhere in the
record. Other facts and information in the record that support each finding that are not included
below are incorporated herein by reference:
1. The proposed Project does not constitute substantial changes to the previous projects
affecting the Project site as addressed in the prior CEQA documents, that will require major
revisions to the prior documents due to new significant environmental effects or a substantial
increase in severity of previously identified significant effects. Based on the Initial Study, all
potentially significant effects of the proposed Project are the same or less than the impacts for
Eastern Dublin and Jordan Ranch project which were previously addressed. The proposed
Project will not result in substantially more severe significant impacts than those identified in the
prior CEQA documents. All previously adopted mitigation measures continue to apply to the
proposed Project and project site as applicable.
2. The Initial Study and Addendum did not identify any new significant impacts of the
proposed Project that were not analyzed in the prior CEQA documents.
3. The City is not aware of any new information of substantial importance or substantial
changes in circumstances that would result in new or substantially more severe impacts or meet
any other standards in CEQA Section 21 166 and related CEQA Guidelines Sections 1516213.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin finds the
following:
1. No further environmental review under CEQA is required for the proposed Project
because there is no substantial evidence in the record as a whole that any of the standards
under Sections 21166 or 1516213 are met.
2. The City has properly prepared an Addendum and related Initial Study under CEQA
Guidelines section 15164 to explain its decision not to prepare a subsequent or Supplemental
EIR or conduct further environmental review for the proposed Project.
3. The City Council considered the information in the Addendum and prior CEQA
documents before approving the land use applications for.the proposed Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the
CEQA Addendum and related Initial Study, attached as Exhibit A, pursuant to CEQA Guidelines
Sections 15162 and 15164 for the Jordan Ranch 2 project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin adopts the
Statement of Overriding Considerations attached as Exhibit B.
Reso No. 91 .12. Adopted &5 -12. Item 6.1 Page 3 of 4
PASSED, APPROVED AND ADOPTED this 51h day of June, 2012 by the following vote:
AYES: Councilmembers Biddle, Hildenbrand, and Mayor Sbranti
NOES: Councilmember Hart
ABSENT: None
ABSTAIN: None
� ham• - ,
Mayor
ATTE �. /�W
City Clerk
Reso No. 91 -12, Adopted 6 -5 -12, Item 6.1 Page 4 of 4
EXHIBIT A
CEQA ADDENDUM FOR THE JORDAN RANCH PHASE 2 PROJECT PA 2010-
00068
May 8, 2012
On May 10, 1993, the Dublin City Council adopted Resolution No. 51 -93, certifying an Environmental
Impact Report for the Eastern Dublin General flan Amendment and Specific Plan ( "Eastern Dublin EIR,
SCH ##91103064). The certified EIR consisted of a Draft EIR and Responses to Continents bound
volumes, as well as an Addendum to the Eastern Dublin EIR dated May 4, 1993, assessing a reduced
development project alternative. The City Council adopted Resolution No. 53 -93 approving a General
Plan Amendment and Specific Plan for the reduced area alternative on May 10, 1993. On August 22,
1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern
Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of urbanizing Eastern
Dublin over a 20 to 34 year period. Since certification of the EIR, many implementing projects have
been proposed, relying to various degrees on the certified EIR.
A Supplement was prepared to the Eastern Dublin EIR in 2002 (State Clearinghouse No.20010521 l4) for
an annexation and prezoning request. The 2002 Supplemental EIR provided updated analyses of
agricultural resources, biology, air quality, noise, traffic and circulation, schools, and utilities. In
certifying the 2002 SEIR and approving the prezorling, the City Council, through Resolution No. 40 -02,
adopted a Statement of Overriding Considerations for cumulative air quality and cumulative traffic
impacts.
In 2005, a second Supplemental EIR was prepared and certified by the City of Dublin for the Fallon
Village project (SCH #2005062010), which included the same properties as the 2002 SEIR. (See City
Council Resolution No. 222 -05) The second SEIR addressed new and detailed information for the
proposed development areas, as well as several changes in circumstances since the prior EIRs which
could have affected the impacts and/or mitigations previously identified for the Fallon Village Project.
An Addendum to all previously certified CEQA documents that included the Jordan Ranch property
was certified by the Dublin City Council in 2010 (see City Council Resolution No.80 -10). An
associated Stage 2 Planned Development Rezoning and Development Plan, Site Development Review
(SDR), a Vesting Tentative Tract Map, and a Development Agreement on the Jordan Ranch property
was also approved by the Dublin City Council. These actions allowed a minor redistribution of uses
on the site as well as a minor change to the land use program. Under the 2010 approvals, a mix of 781
dwelling units, up to 12,000 square feet of commercial uses, a range of public parks, public and semi-
public uses, open spaces and roadways were approved.
This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the Project, as
described below.
Project Description
The current application includes a request for amendments to the General Plan and Eastern Dublin
Specific Plan to change land use designations for four portions (identified as "subareas" in this Initial
Study) of the overall 189.4 -acre Jordan Ranch site. The. proposed changes are described by the
following subareas.
• Subarea 1 contains the existing 10.1 -acre school site located on the eastern portion of the site,
north of Central Parkway. The proposed General Plan/Specific land use designation allow Medium
Density Residential with future attached and/or detached dwelling units on the,existing school site
should the school not be required by the Dublin Unified School District. Up to 100 dwellings would be
allowed at the mid -range of the 6.1 -14.0 dwellings per acre.
• Subarea 2 consists of the existing Semi - Public and Medium -High Density Residential area just
south of the planned School site. This subarea contains approximately 8 acres of land. The applicant is
requesting that these two existing land use designations be replaced with a Medium Density Residential
designation. The Semi - Public designation would be deleted in compliance with, the approved
Development Agreement. Under the proposed land use designation, a total of up to 56 small lot detached
dwellings would be allowed.
• Subarea 3 is located south of the Semi - Public land use designation and the extension of Central
Parkway in the southern portion of the Jordan Ranch site. This subarea is currently planned and zoned
for a combination of Mixed Use development (approximately 6.6 acres) and Neighborhood Square
(approximately 2.0 acres of land). The applicant's request includes elimination of the Mixed -Use and
Semi - Public land use designations and replacing these with Medium -High Density Residential
development.
The currently approved land use designations and zoning would allow development of up to 91 three -
story townhouse units and 14 lofts over approximately 12,000 square feet of retail. The proposed land use
designations and requested zoning would permit up to 109 attached townhouses. The Neighborhood
Square designation would remain but would be reconfigured.
• Subarea 4 includes a 4.6 -acre parcel of land located on the northeast corner of Fallon Road and
future Central Parkway, currently designated for Open Space. The applicant proposes to convert this area
to a Mixed -Use land use designation. Up to 5,000 square feet of retail, and/or similar uses could be built
on this site as well as up to 115 residences.
The proposed change would allow development of up to 253 Low Density Residential dwellings,
361 Medium Density Residential dwellings (assuming an Elementary School would not be built),
235 Medium -High Density Residential dwellings and 115 attached dwellings as part of the proposed
Mixed Use complex. The total number of dwellings on the overall Jordan ranch would be 964. if the
Elementary School is constructed in Subarea 4, the maximum number of dwellings would be W. The
project also includes 5,000 square feet of commercial uses as part of the Mixed -Use complex, an 11.1 -
acre Community Park, a 5.8 -acre Neighborhood Park, a 2.7 -acre Neighborhood Square and 48.1 -acres of
open space.
Prior CEQA Analyses and Determinations
As summarized above and discussed in more detail in the attached Initial Study, the Jordan Ranch
property has been planned for urbanization since the Eastern Dublin approvals in 1993, 2002, 2005 and
2010, and has been the subject of three previously certified EIRs and an Addendum. The Eastern
Dublin EIR identified numerous environmental impacts, and numerous mitigations were adopted upon
approval of the Eastern Dublin General Plan Amendment and Specific Plan.. For identified impacts that
could not be mitigated to insignificance, the City Council adopted a Statement of Overriding
Considerations. Similarly, the 2002 SEIR and 2005 SEIR identified supplemental impacts and
mitigation measures, as well as additional significant unavoidable impacts for which statements of
overriding considerations were adopted. No additional mitigation measures were included in the 2010
Addendum. All previously adopted mitigation measures for development of Eastern Dublin identified in
the Eastern Dublin EIR, the 2002 SEIR and the 2005 SEIR that are applicable to the Project and Project
site continue to apply to the currently proposed Project as further discussed in the attached Initial Study.
Current CEQA Analysis and Determination that an Addendum is Appropriate for-this
Project.
Updated Initial Study, The City of Dublin has determined that an Addendum is the appropriate
CEQA review for the Project, which proposed a minor amendment to the approved General Plan,
Eastern Dublin Specific Plan and Planned Development zoning. If approved, the proposed project
would change land uses on four subareas of the Jordan Ranch property as identified above.
The applicant is also seeking approval City approval of a Stage 1 and 2 PD zoning amendment, Site
Development Review approval, a vesting subdivision map and an amendment to an existing
Development Agreement.
The City prepared an updated Initial Study dated May S, 2012, incorporated herein by reference, to
assess whether any further environmental review is required for this Project Through this Initial Study,
the City has determined that no subsequent EIR, or Negative Declaration is required for the plan and
zoning amendments or the refined development details.
No Subs uent Review is Re uired er CE A Guidelines Section 15162. CEQA Guidelines Section
15162 identifies the conditions requiring subsequent environmental review. After a review of these
conditions, the City has determined that no subsequent EIR or negative declaration is required for this
Project. This is based on the following analysis:
a) Are there substantial changes to the .Project involving new or more severe significant impacts?
There are no substantial changes to the Project analyzed in the Eastern Dublin EIR, as supplemented by
the 2002 SEIR, the 2005 SEIR and the 2010 Addendum. The Project is similar to land uses for the
project site analyzed in the 2005 SEIR_ As demonstrated in the Initial Study, the proposed land uses
for the four subareas is not a substantial change to either the 2005 SEIR analysis or the 2010
Addendum and will not result in additional significant impacts, and no additional or different
mitigation measures are required.
b) Are there substantial changes in the conditions which the Project is undertaken involving new
or more severe significant impacts? There are no substantial changes in the conditions assumed in the
Eastern Dublin EIR, the 2002 SEIR, the 2005 SEIR or the 2010 Addendum. This is documented in the
attached Initial Study prepared for this Project dated May S, 2012.
c) Is there new information of substantial importance, which was not known and could not have
been known at the time of the previous EIR that shows the Project will have a significant effect not
addressed in the previous EIR; or previous effects are more severe; or, previously infeasible
mitigation measures are now feasible but the applicant declined to adopt them; or mitigation
measures considerably different from those in the previous EIR would substantially reduce
significant effects but the applicant declines to adopt them? As documented in the attached Initial
Study, there is no new information showing a new or more severe significant effect beyond those
identified in the prior EIRs. Similarly, - the Initial Study documents that no new or different
mitigation measures are required for the Project. All previously adopted mitigations continue to apply
to the Project. The previously certified EIRs adequately describe the impacts and mitigations
associated with the proposed development on portions of the Jordan Ranch property.
d) If no subsequent EIR -level review is required, should a subsequent negative declaration be
prepared? No subsequent negative declaration or mitigated negative declaration is required because
there are no impacts, significant or otherwise, of the Project beyond those identified in the Eastern
Dublin EIR and previous CEQA documents for the site, as documented in the attached Initial Study.
Conclusion: This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based on the
attached Initial Study dated May 8, 2012. The Addendum and Initial Study review the proposed
General Plan and Eastern Dublin Specific Plan Amendments, the Planned Development rezoning
amendment, Site Development Review, Vesting Tentative Subdivision Map and Development
Agreement amendment as discussed above. Through the adoption of this Addendum and related Initial
Study, the City determines that the above minor changes in land uses do not require a subsequent EIR
or negative declaration under CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15163.
The City further determines that the Eastern Dublin EIR, the 2002 SEIR and the 2005 SEIR
adequately address the potential environmental impacts of the land use designation change for the
Jordan Ranch site as documented in the attached Initial Study.
As provided in Section 15164 of the Guidelines, the Addendum need not be circulated for public
review, but shall be considered with the prior environmental documents before making a decision on
this project.
The Initial Study, Eastern Dublin EIR, the 2002 SEIR, the 2005 SEIR and all resolutions cited above are
incorporated herein by reference and are available for public review during normal business hours in the
Community Development Department, Dublin City Hall, 100 Civic Pla7A Dublin CA.
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
I- General. Pursuant to CEQA Guidelines section 15093, the City Council of the City of
Dublin adopted a Statement of Overriding Considerations for those impacts identified in the
Eastern Dublin EIR as significant and unavoidable (Resolution 53 -93, May 10, 1993). The City
Council carefully considered each impact in its decision to approve urbanization of Eastern
Dublin through approval of the Eastern Dublin General Plan Amendment and Specific Plan
project, The City Council is currently considering the Jordan Ranch 2 project, PLPA 2010-
00068. The Project includes the following planning actions and entitlements specific to four
subareas: 1) General Plan and Eastern Dublin Specific Plan amendments to change land use
designations, 2) Planned Development Rezone and related Stage 1 and Stage 2 Development
Plan amendments, 3) Site Development Review (SDR) for Subareas 2 and 3 (Neighborhoods 5
and 6, respectively), and 4) Revised Vesting Tentative Tract 8024.
The four subareas that comprise the Project Site and actions specific to each subarea are
described as:
Subarea 'I - a 10.7 -acre Elementary School site proposed for an underlay land use
designation of Medium Density Residential (MDR) (6.1 to 14.0 dwelling units per acre) with
conceptual development proposed at 10 units per acre, or 100 units;
Subarea 2 - 7.8 acres north of Central Parkway, including approximately 5.3 acres of
Medium -High Density Residential (MHDR) (14.1 to 25 dwelling units per acre) and a 2.0 -acre
Semi - Public overlay site, proposed for MDR, or 56 units, with an underlay land use designation
of Public/Semi- Public (for Elementary School, if needed). Adoption of Development
Regulations allowing single family detached residential development in the Planned
Development MDR zone of PA 04 -040 which would have a minimum lot size of 3,225 square
feet (references as "3,200 square foot lots ") which would be plotted with front-loadedlstreet-
facing garages; and
Subarea 3 - 6.6 acres south of Central Parkway of Mixed Use to MHDR, or 109 units,
within Neighborhood 6;
Subarea 4 - 4.6 acres of a 52.7 -acre Open Space corridor facing Fallon Road (north of
central Parkway) to Mixed Use including 115 multifamily units at 25 units per acre and 5,000
square feet of non - residential use at .35 FAR.
The proposed land use amendments and rezoning would result in a total of 964 units for Jordan
Ranch which is 184 units greater than the 781 units approved by PA 09 -011, but less than the
1,064 units initially approved by PA 04-040.
These actions are collectively referred to herein as the Project.
The City Council adopted a Statement of Overriding Considerations with the 1993 land use
approvals for urbanization of Eastern Dublin, including the Jordan Ranch property. Statements
of Overriding Considerations were also adopted for the EDPO and Fallon Village land use
approvals, which likewise included the Project site. Pursuant to a 2002 court decision, the City
Council must adopt new overriding considerations for the previously identified unavoidable
impacts that apply to the current Project.' The City Council believes that many of the
unavoidable environmental effects identified in the Eastern Dublin EIR and the Supplemental
EIRs will be substantially lessened by mitigation measures adopted with the previous approvals
and by the environmental protection measures included in the Project design or adopted
through the Project approvals, to be implemented with the development of the Project. Even
with mitigation, the City Council recognizes that the implementation of the Project carries with it
unavoidable adverse environmental effects as identified in the Eastern Dublin EIR and the
Supplemental EIRs. The City Council specifically finds that to the extent that the identified
adverse or potentially adverse impacts for the Project have not been mitigated to acceptable
levels, there are specific economic, social, environmental, land use, or other considerations that
support approval of the Project.
2. Unavoidable Si nificant Adverse Impacts from the Eastern Dublin EIR. The following
unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future
development of Eastern Dublin apply to the Project.
Land Use Impact 3.9F. Cumulative Loss of Agricultural and Open Space Lands; Visual
Impacts 3.8/B; and, Alteration of Rural /Open Space Character
Traffic and Circulation Impacts 3.31B, 3.31E. 1 -580 Freeway, Cumulative Freeway Impacts
Traffic and Circulation Impacts 3.311, 3.3/4. Santa Rita Road/1-580 Ramps, Cumulative Dublin
Boulevard Impacts.
Community Services and Facilities Impact 3.41S. Consumption of Non - Renewable Natural
Resources and Sewer Water and Storm Drainage Impact 3.5117, H, U. Increases in Energy
Usage Through Increased Water Treatment, Disposal, and Operation of Water Distribution
System.
Soils, Geology, and Seismicity Impact 3.61B. Earthquake Ground Shaking, Primary Effects.
Air Quality Impacts 3.111A, B, C, and E. Future development of the Project will contribute to
cumulative dust deposition, construction equipment emissions, mobile and stationary source
emissions.
3. Unavoidable Significant Adverse Impacts from the EDPO Supplemental EIR. The
following unavoidable supplemental environmental impacts were identified in the EDPO
Supplemental EIR and could apply to the Project.
Supplemental Impact Traffic 6., Year 2025 cumulative buildout with project scenario, Dougherty
Road /Dublin Boulevard intersection.
Supplemental Impact Traffic 7: Year 2025 cumulative buildout with project scenario, Hacienda
Drive /Dublin Boulevard intersection.
I "public officials must still go on the record and explain specifically why they are approving the later project
despite its significant unavoidable Impacts." (emphasis original.) Communities for a Setter Environment v.
California Resources Agency 103 Cal. App. a 98. (2002)
Supplemental Impact Traffic 8: Year 2025 cumulative buildout with project scenario, Fallon
Road /Dublin Boulevard intersection.
Supplemental Impact Traffic 11: Year 2025 cumulative buildout with project scenario, freeway
segments on 1 -580 and 1-680 in the EDPO project area.
4. Unavoidable Significant Adverse Impacts from the Fallon Village Supplemental EIR.
The following unavoidable significant environmental impacts were identified in the Fallon Village
Supplemental EIR and could apply to the Project.
Supplemental Impact TRA -1: Project contribution to impact the Dublin /Dougherty intersection
(DSEIR p. 64).
Supplemental Impact TRA -4: Cumulative impacts to local freeways (DSEIR p. 69).
Supplemental Impact TRA -5: Consistency with Alameda County Congestion Management Plan
(DSEIR p. 73).
Supplemental Impact CUL -2: Demolition of the Fallon Ranch House (DSEIR p. 218.)
Supplemental Impacts AQ-2, AQ -3: Increase in regional emissions (DSEIR pp. 239 - 240.).
5. Overriding Considerations. The City Council previously balanced the benefits of the
Eastern Dublin project approvals against the significant and potentially significant adverse
impacts identified in the Eastern Dublin EIR and the Supplemental EIRs. The City Council now
balances those unavoidable impacts that apply to future development on the Project site
against its benefits, and hereby determines that such unavoidable impacts are outweighed by
the benefits of the Project as further set forth below. The City declares that each one of the
benefits included below, independent of any other benefits, would be sufficient to justify
approval of the Project and override the Project's significant and unavoidable impacts. The
substantial evidence demonstrating the benefits of the Project are found in these findings, and
in the documents found in the administrative record for the Project.
The Project will further the urbanization of Eastern Dublin as planned through the
comprehensive framework established in the original Eastern Dublin approvals. The Project will
create residential development that is compatible with the residential development in the vicinity
of the Project. The Project will provide local roadway improvements contributing to an efficient
public roadway system. The Project will help the City toward Its RHNA goal for new housing
units and will help implement policies contained in the Housing Element of the General Plan.
The Project will provide streetscape improvements such as curb, gutter, sidewalk, and
landscaping that will be an amenity to the larger community and provide safer pedestrian and
bicycle access between existing neighborhoods. The Project will create new revenue for the
City, County, and State through the transfer and reassessment of property due to the
improvement of the property and the corresponding increase in value. The Project will
contribute funds to construct schools, parks, and other community facilities that are a benefit
City -wide. Development of the project site will provide construction employment opportunities
for Dublin residents.
555 121' Street, Suite 1500 Nell Palma
oakland, California 94607 Attorney at Law
tel (510) 808 -2000 npalma @meyersnave.com
fax(510)444 -1108
WW.W.meyersnave.COm
meyers nave
A Commitment to Public Law
April 18, 2013.
VIA CERTIFIED AND U.S MAID
Croak Properties, LP
In Cage of Francis R Croak
1262 Gabriel Court
San Leandro, CA 94577
Re: West Side. of Croak Road, Dublin, California
Assessor's Parcel Number 905 -0002- 001 -01
Offer to Purchase
Dear Mr. Croak:
This office represents the City .of Dublin ('City's. As you may know, the City is interested in
purchasing a Roadway Easement and two Slope and Drainage Easements from your property
located on the west side of Croak Road, Assessor's Parcel Number 905- 0002 - 001 -01
( "Easements "), for the extension of Central Parkway from the Jordon Ranch Development to
Croak Road. Legal descriptions and maps of the proposed Easements are enclosed for yout .
reference (as part of the "Appraisal Summary. Statement" discussed below).
As required by law, the retained a qualified appraiser to determine just compensation -
that is, the fair market value of the Easements. This letter and its enclosures constitute an
offer to purchase the above- referenced Easements, as described in the legal descriptions and
maps; pursuant to Government Code section 7267.2, for the total su.m .of FORTY -TWO
THOUSAND DOLLARS AND NO CENTS ($42, 000:00); their frill- appraised value.
Government Code sections 7267 and.7267.1 provide ., as a guideline, that a public entity: shall
make every reasonable effort to expeditiously acquire property by negotiation and
agreement. For this reason, the City is making this offer to purchase the Easements through
negotiation by offering their full. appraised value as of the "date of value" cited in the
enclosed Appraisal Summary Statement dated March 21, 2013, as required under
Government Code section 7267,2(b).. This document explains how the City arrived at its
determination of just compensation, and provides information to you regarding that value.
The City will discuss any other pertinent data which you believe should be considered in the
negotiation process.
A PROFESSIONAL LAW CORPORATION OAKLAND LDS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
To: Croak Properties, LP
Date: April 18, 2013
Page: 2
CC nom: In the event that you and the City reach an agreement for the purchase and sale .
of the Easements, an escrow will be opened setting forth the specific terms and conditions
of the transaction, along with escrow instructions, an Easement Purchase Agreement, and a
Grant of Easement. In general terms, the City's offer is conditioned on the following.
• This offer is conditioned upon the execution of a mutually acceptable purchase and
sale agreement between you .and .the City.
• This offer is subject to and conditioned upon acceptable soils conditions and the.
absence from the property of toxic or hazardous substances and any other kind of
soil or water contamination, and to the grant of a right -of -entry to the City for the
purpose of conducting a soils, toxic and hazardous substances investigation of the
subject property at the City's expense.
• This offer is further subject to modification depending on the results of said
investigation to the extent that the results of such investigation could have an impact
on the value of the Easements.
This offer is conditioned upon your ability to deliver title free and clear of all liens
and encumbrances to the City. This condition may only be waived if the City
expressly agrees to acquire the Easements subject to certain exceptions that may
appear on the title report.
Pursuant to Code of Civil Procedure section. 1263.025(a), the City will pay the reasonable
costs, not to exceed FIVE THOUSAND DOLLARS AND NO CENTS ($5,000:00), of an
independent appraisal ordered by you and performed on your behalf. The appraisal must be
conducted by an appraiser licensed by the Office of Real Estate Appraisers. Proof of the
incurred cost and information about the appraiser. is required prior to. any reimbursement.
It is the City's sincere desire that the Easements be acquired amicably, expeditiously, and by
negotiation and agreement. With that goal in. mind, I .ask that you please review the enclosed
documents closely.
Also enclosed_ is an informational pamphlet about California Eminent Domain Law.
Although the City has made no decision as to whether it would consider acquiring the
Easements by eminent domain, this informational pamphlet details the eminent domain
process with the property owner's rights under the Eminent Domain Law. (See,'
Government Code section 7267.2 (a)(2) [requiring that at the time of making an offer, the
public entity provide the property owner an informational pamphlet detailing the process of
eminent domain and the property owner's rights with respect to same]. }.
Please contact me at (510) 808 -2093 to discuss the City's offer.
A PROFESSIONAL LAW CORPORAVON OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
To: Croik Properties, LP
Date: Aprii 18; 2013
Page: 3
Thank you for your time, consideration, and anticipated cooperation in this matter.
Very truly yours,
Nell Palma
Enclosures
C Gary Huisiingh. P.E..
Public Works Director
City of Dublin
114.4.034/2067224.1
APPRAISAL SUMMARY STATEMENT
Project:. City of Dublin: Extension of Central Parkway
Effective Date of Valuation: February 22, 2013
Property Address: West side of Croak Road, Dublin California
Assessor's Parcel #: 905- 0002 - 001 -01
Owner: Croak Properties LP
Zoning: East Dublin Specific Plan
Date Acquired: Over S years
Present Use: Vacant Land
Highest & Best Use: Development of'a rural residential use with a single
family residence and ancillary rural improvements.
Total Property Area: :t37.77 acres.
Property to be Acquired: See -Attachment "A"
Roadway Easement: 18,411 s.f. (0.4227 Acres);
Slope & Drainage Easement # 1:
23,037s.f. (0.5289Acres);
Slope & Drainage Easement #2:
.25,621 s.f. (0.5882 Acres).
Property Rights Appraised: Fee simple interest in entire property, and proposed
required acquisitions therefrom.
The following is a statement.of and summary of the basis for. the appraisal and the
amount that the City of Dublin has established as just compensation required by
California Government Code Section 7267.2. The appraisal -on which this summary
is based was made in accordance with accepted appraisal principles, consistent with
California law.
APPRAISAL SUMMARY STATEMENT
Croak Property Page 2 of 13
VALUATION CONCLUSIONS:
Overall Property Valuation = $1,120,000
Per Acre $29,653
Roadwa Easenient is'ti
0.4227 acres @ $29;653 /acre x 95% of Fee -- $11,908
Slope & Drainage Easement #1
0.5289 acres @ $29,653/acre x 90% of Fee = $14,115
Slope & Drainage Easeluent #2
0.5882 acres @ $29,653/acre X. 90% of Fee = $15,698
Damages None
Benefits Un- Quantified
TOTAL APPRAISED COMPENSATION $41,721
Rounded $42,000
The market value of the property being purchased is based on an appraisal of Fair
Market Value prepared in accordance with accepted appraisal procedures. Code of
Civil Procedure Section 1263.320 defines Fair Market Value as follows:
(A) The fair market value of the property taken is the highest price on the
date of valuation that would be agreed to by a seller, being willing to sell
but under no particular or urgent necessity for so doing, nor obliged to
sell, and a buyer, being ready, willing and able to buy but under no
particular n ccessity for so doing, each dealing with the other with .full
knowledge of all the uses arid purposes for which the property is
re asonably'adap table and available.
(b). The fair market value of property taken for which there is no relevant,
comparable market is its value on the date of valuation as determined by
any method of valuation that is just and equitable.
APPRAISAL SUMMARY STATEMENT
Croak Property Page 3 of .13
The appraiser inspected the property on February 22, 2013, and was accompanied by
Pat Croak, representing the property owner.
The Croak property is currently a rural parcel located on the west side of Croak Road
in Dublin. This appraisal addresses'the one parcel of land with a gross area of ±37.77.
acres. The Croak family and associated interests own -1124.23 acres of vacant land
on the east side of Croak Road as well. The 37.77 acre property is within the
incorporated City of Dublin, in Alameda County, California. The County Assessor
identifies the property as parcel 905 - 0002 - 001 -01. The property is vested in Croak
Properties LP. Vesting was established in December 2012. However, the property has
been in long term family ownership for over five years.
This appraisal addresses the Fair Market Values of a roadway easement and right of
way, as well as two slope and drainage easements. These rights.area required for the
extension of Central Parkway from the Jordan Ranch development to the west,
through the subject property to a connection with Croak Road.
Under the East Dublin Specific Plan (EDSP), the subject property and the other Croak
property 'to the east of Croak Road are anticipated to accommodate development of
up to 573 residential dwelling units over a gross area identified as 165.5 acres (East
Dublin Specific Plan, A4-7). The EDSP requires dedication of roadway infrastructure
as a condition of development approval. In the case of the subject property, a
connection of Central Parkway to Croak Road is required. The required Roadway
Easement and Slope and Drainage Easements would be required to be dedicated to the
City of Dublin as a condition of development approval in order for residential
development to proceed. Accordingly, these areas are unavailable for development to
the higher and better use of residential development. The areas can not be developed
as residential sites, since the area is necessary to provide infrastructure so that such uses
can be developed elsewhere on the property.
Areas required for dedication are properly valued at the property's existing use or at
a use which does not trigger a dedication requirement. The property's existing use is
as a rural residential site, which can accommodate a single family residence and
ancillary rural residential improvements. This existing use is recognized as the highest
and best use for the purpose of the valuation of land interests required in dedication
for development.
APPRAISAL SUMMARY STATEMENT
Croak Property Page 4 of 13
The valuation of the property considered the Sales Comparison Approach, which is the
traditional approach when valuing vacant land. The appraisal of the land considered
the entire 37.77 acre parcel land area. The Sales Comparison Approach considers sales
of similar comparable properties and applies adjustments to the appropriate unit of
comparison to reflect differences between the comparable sales and a subject property.
Recent sales of similar properties in the market area were considered in arriving at the
Fair Market Value of the required property. The Cost and Income Approaches were
considered to be inapplicable to the analysis of vacant land value. Attachment "B"
includes a summary of the Comparable sales considered for the appraisal.
The subjectproperty is considered as a single -137.77 acre site which can accommodate
development of one single family residence. The comparable price per overall site is
the appropriate unit of comparison for the subject property. Accordingly, comparable
sales of large rural homesites, which similarly can accommodate single homesites-over
very low density areas, are considered for this appraisal.
The property is 'appraised in the before condition ignoring any diminution or
enhancement in value resulting from the proposed project.
The appraiser considered the circumstances of each transaction and applied
adjustments to the comparable prices to provide for differences with the subject
property. Due to varying features among the comparable sales, there are no matched
paired sales which indicate definitive adjustments. Thus, qualitative adjustments reflect
the appraiser's judgment and experience, in the comparison of the comparable sales
to the subject property.
The subject property is considered as a viral agriculturally zoned parcel, available for
development of a single family residence. Adjustments to the Comparable Sales reflect
differing market conditions, locations, site constraints, site amenities, and the size of
a comparable in comparison to the subject property. No sale condition, sale term, or
property right adjustments were necessary. Older comparable sales received positive
adjustment for inferior market conditions. Properties may receive adjustments to
reflect location influences on value.
Parcel area is a relatively inelastic value indicator. Larger rural properties do not tend
to contribute additional development potential, and additional acreage has marginal
utility to a homesite buyer. Larger rural properties may receive marginal negative
adjustment. With the exception of Comparable #4, all of the properties have a single
site-development potential. Comparable #4 has a potential for future subdivision in
APPRAISAL SUMMARY STATEMENT
Croak Property
Page 5 of 13
to two parcels. This requires a negative adjustment. Finally, the sales required
adjustment for various topographical features.
Comparable Land Sale #1 is a single homesite of 2.82 acres, which sold for $700,000.
It receives positive adjustment for inferior market conditions, and for a smaller size.
Comparable #1 indicates a land value of around $1,01S,000 for the subject property.
Comparable Sale #2 also receives a positive market condition adjustment. It has a
larger size requiring a modest negative adjustment. Inferior, rolling topography
requires a positive adjustment to indicate a value around $1,125,000 for the subject
property.
Comparable #3 requires a positive market condition adjustment. Negative
adjustments for superior location and visibility in the Livermore wine district are
applied. A smaller size requires positive adjustment to indicate a value around
$1,100,000 for the subject property.
Comparable #4 requires a positive market condition adjustment. It is located in a
similar area, though a minor positive location adjustment is applied. This sale has a
subdivision potential resulting in a negative adjustment. Additionally, an existing
house compound requires a. negative adjustment for the value of existing
improvements. Net negative adjustment indicates a value of around $1,050,000 for
the subject property.
Comparable #5 receives positive adjustments for inferior location, inferior parcel area,
and inferior market conditions to indicate a value around $1,080,000 for the subject
property.
Comparable #6 is a current sale, requiring no market condition adjustment. It has a
superior location, though is much smaller in size. Net positive adjustment indicates a
value in the $1,000,000 range for the subject property.
Considering the market data the appraiser has estimated the subject property to have
a Fair Market Value of $1,120,000 as a single, .37.77 acre rural residential
development site as of February 22, 2013. The single homesite unit of comparison for
the subject property is appropriate for this type of real estate. A single site is seldom
valued on a value per square foot basis. However, the proposed partial acquisitions
are expressed in terms of acreage. Identification of the value of the subject property
on a acreage basis is necessary. Given the $1,120,000 appraised value, the value
APPRAISAL SUMMARY STATEMENT
Croak Property Page 6 of 13
equates to $29,653 per acre for the 37.77 acre subject property. The $29,653
appraised value per acre is used in the valuation of the required easements.
Easements are valued according to the diminution'to the fee value. Roadway, and
Slope and Drainage easements represent surface uses (among others) of the real estate.
Accordingly, the easements are valued as having relatively high impacts to the value of
the subject property (95% and 90/0, respectively), when considered as a rural
residential site.
In the appraiser's opinion, no severance damages result from the proposed acquisitions,
in the after condition.
In the after condition, benefits resulting from the partial development of roadway
infrastructure accrue to the subject property. In the absence of damages, benefits are
un- quantified.
VALUATION CONCLUSIONS:
Overall Property Valuation - $1,120,000
Per Acre $29,653
Roadway Easement Acquisition
0.4227 acres @ $29,653 /acre x 95% of Fee _ $11,908
Slope & Drainage Easement #1
0.5289 acres @ $29,653/acre x 90% of Fee = $.14,115
Sloe & Drainage-Easement #2
0.5882 acres @ $29,653/acre x 90% of Fee = $15,698
Damages None
Benefits Un- Quantified
TOTAL APPRAISED COMPENSATION $41,721
Rounded $42,000
APPRAISAL SUMMARY STATEMENT
Croak Property Page 7 of 13
This summary of the basis of the amount offered as Just Compensation is presented in
compliance with .Federal. and State law and has been derived from a formal appraisal
prepared for the City of Dublin by Gregory D. Rinehart, MAI, an independent state
certified appraiser which includes supporting sales data and other documentation. This
Appraisal Summary Statement is subject to the Definition of Value, Assumptions and
Limiting Conditions, and Certifications contained herein, as of the February 22, 2013
effective date of valuation.
The above is a summary of my appraisal prepared at the request of the City of Dublin
to comply with Government Code Section 7267.2 that fairly and correctly states my
opinions and knowledge.
Dated:
4311 / 7 Ao/
r
i
By: ae.
Gregor RJ hart, 'MA1
Certified ra[ Real Estate Appraiser #AGO19087
APPRAISAL SUMMARY STATEMENT
Croak Property
Page 8 of 13
APPRAISER'S GENERAL ASSUMPTIONS AND LIMITING CONDITIONS
USPAP Standards Rule 1 -4 (f) requires that an appraiser analyze the effect on
value of anticipated public improvements, either on or off the site. However,
California law requires.a .Valuation Independent of the Project in the before
condition. This appraisal . is prepared according to the appraiser's best
understanding of California law, which the appraiser considers to be an
appropriate Jurisdictional Exception under USPAP.
For this appraisal I assume that parcel areas indicated in Alameda County
Assessor's records are accurate.
I assume title to the subject property is good and marketable. I have performed
no title search nor have I attempted to document the ownership of the property.
The value estimate is provided without regard_ to any question of title,
boundaries, encumbrances, or encroachments.
I assume that any and all information concerning the property furnished to me
by or on behalf of the client or a property owner is accurate and correct.
I consider the subject property to have been adequately identified for this
assignment. However, no responsibility regarding these descriptions is assumed
for legal purposes.
Information provided by such informed local sources as governmental agencies,
financial institutions, Realtors, buyers, sellers, and others was weighed in the
light ' with which it was supplied and verified through secondary sources
whenever possible. However, no responsibility is assumed for possible
misinformation.
No soil reports or surveys were provided for this report. It is assumed that there
are no hidden or unapparent conditions of the subject property, subsoil or
structures which would render them more or less valuable than other
comparable properties. No responsibility is assumed for such conditions or for
professional engineering services which might be required to discover such facts.
My valuations assume no contaminations of the soil or seismic hazards. If such
conditions exist and are documented, then my valuation would have to be
revised to incorporate such new data. No responsibility is assumed for verifying
such new data.
APPRAISAL SUMMARY STATEMENT
Croak Property Page 9 of 13
The appraiser is neither required to appear in court nor to testify to the value
conclusions or other information contained in this report without prior
arrangements.
This appraisal is based upon the appraiser's best estimate of the present
conditions of the national and local economies.
This report is made for the information and/or guidance of the client and is not
intended to -be published or distributed to other persons. Neither all nor any
part of the contents of this report shall be conveyed to the public through
advertising, public relations, news, sales, or other media without my previous
written consent and approval, particularly as to the valuation conclusion and the
identity of the appraiser, or any reference to the Appraisal Institute and the MAI
designation.
Unless otherwise stated in this report, the existence of hazardous materials,
which may or may not be present on the subject properties, was not observed
by the appraiser. The appraiser has no knowledge of the existence of such
materials on or in the properties and are not qualified to detect such substances.
The presence of substances such as asbestos, lead, urea- formaldehyde foam
insulation, gasoline, diesel, crankcase or transmission oil, or any other
potentially hazardous material which could cause surface, soil, or subsoil
contamination, if found, may affect the value of a property. The value estimates
are predicated on the assumption that there_ is no such material (or that the
amount is insignificant) on or in a property that would cause a loss in value. No
responsibility is assumed for any such conditions, or for any expertise or
engineering service required to discover them. The client is urged to retain an
expert in this field if desired.
APPRAISAL SUMMARY STATEMENT
Croak Property
APPRAISER'S CERTIFICATION
Page 10 of 13
1, the undersigned hereby certify to the hest of my knowledge and belief that;
• 1 have no present or prospective interest in the property appraised;
• 1 have no personal interest or bias with respect to the parties involved;
• 1, Gregory D. Rinehart have personally inspected the subject property
and the environment;
• my compensation is not contingent upon the reporting of predetermined
values or direction in values that favor the cause of the client, the
amounts of the value estimates, the attainment of a stipulated result, or
the occurrence of a subsequent event;
• 1 have performed no services, as an appraiser or in any other capacity,
regarding the property that is the subject of this report within the three-
year period immediately preceding acceptance of this assignment;
• the statements made and factual information contained in this report are
true and correct to the best of my knowledge and belief, and the appraisal
has been made in accordance with, and is subject to, the requirements of
the Code of Professional Ethics and ,Standards of Professional Conduct
of the Appraisal Institute;
the reported analyses, opinions, and conclusions are limited only by the
reported. assumptions and limiting conditions, and are my personal,
unbiased professional analyses, opinions, and conclusions;
the analysis, opinions, and conclusions were developed, and this report
was prepared in conformity with the Uniform. Standards of Professional
Appraisal Practice;
no one other than the signatories on the following page prepared the
analyses, conclusions, and opinions concerning the real estate set forth in
this appraisal;
APPRAISAL SUMMARY STATEMENT
Croak Property
Page 11 of 13
the use of this report is subject to the requirements of the Appraisal
Institute relating to review by its duly authorized representatives,
the employment of the appraiser was not based on a requested minimum
or specific valuation.
The Appraisal Institute conducts a mandatory program of continuing
education for its designated members, Designated members who meet
the minimum standards of this program are awarded periodic educational
certification,, As of the date of this report Gregory D. Rinehart has
completed the requirements of this.continuing education program of the
Appraisal Institute.
Gregory D. Rinehart is a Certified General Real Estate Appraiser,
certified by the State of California., #AG019087, expires 12/10113.
Respectfully submitted,
SURCHARD 8Z RINEHART
/ '7 20 3
Date
APPRAISAL SUMMARY STATEMENT
Croak Property
Page 12 of 13
APPRAISAL SUMMARY STATEMENT ATTACHMENT "A"
Legal'Descriptioris, Proposed Acquisitions
I
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EXHIBIT "A"
Central Parkway Roadway Easement over Croak Property
Land Description of a parcel of land situate in the County of Alameda, and State of California; and being a
portion of Parcel 2 as described in the deed to Francis P. Croak recorded on November 13, 1979 under
document no. 1979 - 229985, Official Records of said County, and being more particularly described as follows:
Commencing at the southeast corner of that parcel of land described in the deed to B1 P-ROF Jordan Ranch LLC,
recorded on May 05, 2008 under document no. 2008 - 148449, Official Records of said County, same comer
being on the east line of the above mentioned Parcel 2; Thence along the east line of Parcel 2, North 00° 46'
42" East -- 369.31 feet for the Point of Beginning hereof; Thence continuing along said east line, North 00° 46'
42" East -- 73.28 feet for the beginning of a curve to the left; from which comer the center bears Forth 17° 37'
40" East; Thence leaving said east line and crossing through the Croak parcel for the following six (6) courses:
(1) in a southeasterly direction 87.98 feet along the arc of said curve to the left; having a radius of 511.10 feet
and through a central angle of 09° 51' 45 "0 (2) South $2° 18' 16" East -.69.98 feet to the beginning of a Curve to
the right, (3) in a southeasterly direction 76.28 feet along the arc of said curve to the right, having a radius.of
455.00 feet and through a central angle of 09° 36' 20 ", (4) South 72' 41' 56" East - 55.19 feet for the beginning
of a curve to the right, (5) in a southeasterly direction 100:37 feet along the arc of said curve to the right,
having a radius of 319.00 feet and through a central angle of 186 01'37", and (6) North 86° 42' 54" East - 35.78
feet to a point on the west line of Croak Road (2612 deeds 353); Thence along said west line, South 37° 53'08"
West - 80.06 feet; Thence leaving the west line of Croak Road and continuing across the Croak parcel for the
following five (5) courses: (1) North 16° 27' 29" West - 31.76 feet for the beginning of a curve to the left, from
which the center bears South 720 41' 56" East, (2) in a northwesterly direction 87.84 feet along the arc of said
curve to the left, having a radius of 281.00 feet and through a central angle of 17° 54'39", (3) North 72° 41'56"
West - 41.67 feet for the beginning of a curve to the left, (4) in a northwesterly direction 123.70 feet along the
arc of said curve to the left, having a radius of 365.00 feet and through a central angle of 19° 2S'01", and (5)
South 87 53' 03" West - 110.11 feet to the Point of Beginning.
Containing 18,411 Square Feet of land area, more or less.
Date
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EXHIBIT "A"
Central Parkway Roadway — Slope & Drainage Easements over Croak Property
Land Description of two parcels of land situate in the County of Alameda, and State of'Callfornia; and
being portions of Parcel 2 as described in the Deed to Francis P. Croak recorded on November 13, 1979
under document no. 1979- 229985, official Records of said County, and being more particularly
described as follows:
SLOPF, AND DRAINAGE EASEMENT NO. 1
Commencing at the southeast corner of that parcel of land described in the deed to 8JP -ROF Jordan
Ranch LLC, recorded on May 05, 2008 under document no. 2008 - 148449, Official Records of said
County, same corner being on the east line of the above mentioned Parcel 2; Thence along the east line
of Parcel 2, North 00° 46' 42" East — 339.79 feet for the Point of Beginning hereof; Thence continuing
along said east line, North 009 46' 42" East — 29.52 feet; Thence leaving said east line and crossing
through the Croak parcel for the following five (5) courses: (1) North 87° 53'03" West - 110.11 feet For
the beginning of a-curve to the right, (2) in a southeasterly direction 123.70 feet along the arc of said
curve to the right, having a radius of 365.00 feet and through a central angle of 190 25'01", (3) South 72"
41' 56" East - 41.67 feet for the beginning of a curve to the right, (4) in a southeasterly direction 87.84
feet along the arc of said curve to the right, having a radius of 281.00 feet, through a central angle of 17°
54' 39 ", and (5) South 16° 27'29" East - 31.76 feet to a point on the west line of Croak Road (2612 deeds
323 ; Thence along said west line, South 370 53' o8" West —19.88 feet; Thence leaving said west line
and crossing through the Croak parcel for the following two (2) courses. (1) North 800 46' 46" West -
188.57 feet, and (2j North 72" 52' 39" West - 168.85 feet to the Point of Beginning.
Containing 23,037 Square Feet of land area, more or less.
SLOPE AND DRAINAGE EASEMENT N9. Z
Commencing at the southeast corner of that parcel of land described in the deed to EO -ROF Jordan
Ranch LLC, recorded on May 05, 2008 under document no. 2008-148449, Official Records of said
County, same corner being on the east line of the above mentioned Parcel 2; Thence along the east line
of Parcel 2, North 00° 46' 42" Fast — 442.59 feet for the Point of Beginning hereof; Thence continuing
along said east line, North 00" 46' 42" East — 29.34 feet; Thence leaving- said east line and crossing
through the Croak parcel forthe following four (4) courses: (1) North 84' 10155" Fast - 134.28 feet, (2)
South 84° 10' 24" Fast - 73.53 feet, (3) South 69' 57' 27" East - 90.58 feet, and (4) South Sr 23'01" Fast
- 158.40 feet to a point on the west line of Croak Road (2612 deeds 353); Thence along said west line,
South 37° 53' 08" West — 32.00 feet; Thence leaving said west line and crossing through the Croak
parcel for the following six (6) courses: (1) South 86° 42' 54" West - 35.78 feet for the beginning of a
curve to the left; from which point the center bears South 35' 19' 41" West, (2) in a northwesterly
direction 100.37 feet along the arc of said curve to the left, having a radius of 319.00 feet and through a
central angle of.18° 01' 37 ", (3) North 72' 41' 56" West - 55.19 feet to the beginning of a curve to the
left, (4) in a northwesterly direction 76.28 feet along the arc of said curve to the left, having a radius of
455.00 feet and through a central angle of 09° 36' 20 ", (5) North 820 18' 16" West - 69.98- feet for the
beginning of a curve to the right, and (6) in a northwesterly direction 87.98 fleet along the arc of said
curve to the right, having a radius of 511.10 feet and through a central angle of 09' 51' 45" to the Point
of Beginning.
Containing 25,261 Square Feet of land area, more or less.
Scott Shortiidge, LS 6441
Bate
APPRAISAL SUMMARY STATEMENT
Croak. Property
Page 13 of 13
APPRAISAL SUMMARY STATEMENT ATTACHMENT `B"
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A Commitment to Public Lair
This is an informational pamphlet only. It is not intended to give a cromplete statement ofall
Singe orFederallaws and regulations polaining to the purc"se ofyour provpertyfor a public use,
the relocation assistance program, technicallegal definitions, or arty form oflegal advice.
WHEN A. PUBLIC ENTITY DESIRES TO ACQUIRE YOUR PROPERTY
FOR A PUBLIC PURPOSE
Introduction
This informational handbook is provided to give you general information about property
acquisitions for public projects. It is not intended to be a definitive summation of the law or to
provide specific advice. For such purposes, it is recommended that you consult your personal
attorney or other advisor of your choice.
.What Right Does a Public Entity Have to Acquire My Property?
Every city, county, and state, and various other public entities, have certain powers which are
necessary for them to operate effectively. For example, states have the power to levy taxes and the
power to maintain order. Another example is the power to acquire private property for public
purposes. This is known as the power of eminent domain.
The rights of each of us are protected, however, by laws such as the Fifth and Fourteenth
Amendments to the United States Constitution, the State Constitution, and Eminent Domain Law.
These laws guarantee that if a public entity tapes private property, it must be for a public purpose
and the public entity must pay "just compensation" to the owner. Further, the owner may have
additional protections, some of which are explained in this informational handbook.
Title VII of the Civil Rights Act of 1964 (Title VII), as amended, as it appears in volume 42 of the
United States Code beginning at section 2000e, sets forth the policy of the United States, within
constitutional limits, to ensure that all services and /or benefits will be administered without regard
to Lace, color, religion, sex, or national origin.
Page 1
APPRAISAL OF PROPERTY
How is the amount of the offer determined?
Before making an offer of compensation to you, a public entity will obtain an appraisal by a
competent real property appraiser who is familiar with local property values. The appraiser will
inspect your property and provide the public entity with an appraisal report stating his or her
opinion of the fair market value of the property or property interests to be acquired. The appraisal
report will be reviewed by the public entity to confirms that the estimate of value is fair and
complies with all applicable laws.
Pursuant to both the federal and state constitutions, a public entity is requited to offer you "just
compensation" for your property. This amount, with limited exceptions, is the fair market value
of the property rights to be acquired.
What is "Just Compensation "?
"Just compensation" is generally considered to be fair market value. The fair market value of the
property taken is the highest price on the date of valuation that would be agreed to by a seller being
willing to sell but under no particular or urgent necessity for so doing, not obliged to sell, and a
buyer being ready, willing, and able to buy but under no particular necessity for so doing, each
dealing with the other with full knowledge of all the uses and purposes for which the property is
reasonably adaptable and available.
The fair market value of property taken for which there is no relevant, comparable market is its
value on the date of valuation as determined by any method of valuation that is just and equitable.
(Code of Civil Procedure section 1263.320)
Page 2
How Does an Appraiser Determine the Fair Market Value of My Property?
Each parcel of real property is different, and therefore no single formula can be devised to appraise
all properties_ Among the factors an appraiser typically considers in estimating the value of real
property are:
• How it compares with similar properties in the area that have been sold recently.
• How much it would cost to reproduce the buildings and other structures, less any
depreciation.
• How much rental income it could produce.
• Other factors affecting use of the property, including how old the improvements are
which are located on the property, the uses and /or potential development of the
property, the location of the property, the size of the property, and the size of the
acquisition.
Will I Have a Chance to Talk to the Appraiser?
Yes, it is your choice. You must be contacted and given the opportunity to accompany the
appraiser on his /her inspection of your. property. You may then inform the appraiser of any
special features which you believe may add to the value of your property. It is in your best interest
to provide the appraiser with all the useful information you can in order to insure that nothing of
allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to
have a person who is familiar with your property represent you.
Page 3
OFFER TO PURCHASE PROPERTY
What Is a Written Purchase Offer?
Generally, after the appraisal has been reviewed and confirmed by a public entity and its governing
board has approved the malting of a purchase offer, the public entity, its counsel or its right -of -way
consultant will serve a property owner with an offer to purchase. The tithing of a purchase offer
depends on the following factors:
1. The amount of work required to appraise your property;
Z. The availability of funding;
3. Possible project delays caused by factors outside the control of the public entity, and /or
4. The public entity decides not to make an offer because it is not moviztg forward with the
project, or for some other reason.
What Is a Statement /Summary of the Basis for Its Determination of Just Corhpensation?
A statement of the basis for the determination of just compensation must be provided to you with
the written purchase offer. Among other things, this statement includes:
• A general statement of the proposed use for the property.
• An accurate description of the property to be acquired.
• A list of the improvements covered by the offer and any conditions.
• The amount of the offer.
• An indication that the offer does not reflect any relocation payments or other relocation
assistance which you may receive under other regulations.
+ The recognized definition of the term "fair market value."
Page 4
Are Buildings, Structures, and Improvements Considered in an Appraisal?
Sometimes buildings, structures, or other improvements considered to be real property are located
on the property to be acquired. if this is the case, a public entity must offer to acquire the
buildings; structures, or other improvements if they must be removed or if the improvements will
be adversely affected by the project_
When. an improvement can be considered real property, if owned by the owner of the real
property on which it is located, then this improvement will be treated as real property.
Are Tenant -Owned Buildings, Structures and Improvements Considered?
Sometimes tenants lease real property and build or add improvements for their use. Frequently
they have the right or obligation to remove the improvements at the expiration of the lease term.
If, under state law, the improvements are considered to be real property, a public entity must make
an offer to the tenants to acquire these improvements if they are within the real property to be
acquired.
In order to be paid for these improvements, the tenant -owner must assign, transfer, and release all
rights, title, and interest in the improvements to the public entity. Also, the owner of the real
property on which the improvements are located must disclaim all interest in the improvements.
Just compensation for an improvement will be the amount that the improvement contributes to
the fair market value of the whole property, or its value for removal from the property (salvage
value), whichever is greater.
Sometimes the lease or rental agreement will set forth the rights and. interests in the buildings and
improvements between the landlord and the lessee.
Page 5
May I Keep Any of the Buildings or Other Improvements on My Property?
Very often, many or all of the improvements on a property are not required by the public entity.
This might include such items as a fireplace mantel, shrubbery, or a storage facility. If you wish to
keep any improvements, please let the public entity know as soon as possible.
Must I Accept the Written Offer?
NO. You are entitled to present your evidence as to the amount you believe is the value of your
property and to make suggestions for changing the terms and conditions of the offer. All public
entities are required to make reasonable efforts to consider and respond to your evidence and
suggestions_
May I Have Someone Represent Me During Negotiations?
YES. If you would like an attorney, real estate agent, or anyone else to represent you during
negotiations, you may do so by informing the public entity's agent. However, state law does not
require the public entity to pay the costs for any such representation.
If I Accept the Offer, How Soon Will I Be Paid?
If you reach a voluntary agreement to sell your property and your ownership (fitle) is clear of
encumbrances, payments will be made at the earliest possible date or at a mutually acceptable time.
Generally, this should be possible within 90 days after you sign a purchase and sale contract If
your ownership is not clear, you may have to pay the cost of clearing title sufficiently to convey
clear title on your property. (Title evidence is basically a legal record of the ownership of the
property. It identifies the owners of record and lists any restrictive deed covenants and recorded
mortgages, liens, and other instruments affecting your ownership of the property.)
Pape 6 -
Will I Have to Pay any Settlement Costs?
You will not be responsible for the reasonable and necessary costs of typical services required to
complete the sale, recording fees, transfer taxes, and /or any similar expenses which are incidental
to transferring ownership of your property to the public entity.
A title company will identify these costs and give them to you at the time of settlement. Ordinarily,
if you have paid any of the reimbursable expenses yourself, you will be reimbursed. You should
promptly contact your attorney or other representative if you believe you have not received
satisfactory reimbursement after requesting reimbursement from the public entity.
May I Obtain My Own Appraisal?
YES. You may commission your own appraisal to value the property or property interests that the
public entity seeps to acquire for the proposed project. A public entity is required to offer to pay
for the reasonable costs, not to exceed Five Thousand Dollars ($5,000), of an independent
appraisal. The independent appraisal must be conducted by an appraiser licensed by the Office of
Real Estate Appraisers. (Code of Civil Procedure section 1263.025.)
EMINENT DOMAIN PROCEEDINGS
What Happens if I Don't Accept the Purchase Offer?
Ifyou do not accept the offer amount and are unable to reach a voluntary agreement, a public
hearing of the public entity's governing body (such as a City Council or Board) may be held to'
determine the need and necessity for the acquisition of your property (or property interest at issue)
for the planned project as set forth in the written offer. You will be notified of the action with a
"Notice of Intention to Adopt a Resolution of Necessity to Acquire Real Property." You will be
given reasonable advance notice of your right to attend the hearing upon a written request to
appear. You have the right to oppose the adoption of the proposed "Resolution of Necessity" on
Page 7
any and all grounds set forth in Code of Civil Procedure section 1240.030.' After the hearing,
assuming need and necessity have been found, the public entity may file a suit, called a "Complaint
in Eminent Domain," in court to acquire your property or property interests at issue through a
condemnation proceeding.
What Happens if a Lawsuit is Filed to Condemn My Property?
Condemnation proceedings are procedures through a court to acquire real property and real
property interests under the power of eminent domain. During the condemnation proceedings and
trial, you will be provided an opportunity to introduce your evidence of the value of your property
to be acquired and, if appropriate, evidence as to the need for acquisition. Of course, the public
entity will have the same opportunity. lifter hearing the evidence of all parties during the trial, the
court will determine the right to acquire and the court or jury will determine the amount of just
compensation. To help you in presenting your case in a condemnation proceeding, you may wish
to consider employing an attorney and other experts, such as an appraiser. However, the costs of
these professional services and other costs which you .incur in presenting your evidence to the
court may be your responsibility.
If construction must begin prior to the condemnation trial, the public entity will most .likely
attempt to obtain a court order for prejudgment possession.
What is an Order for Prejudgment Possession?
An order for possession is a procedure within a condemnation proceeding. The public entity must
file a motion for the order, and you will be given notice of the hearing and have an opportunity
either to oppose the granting of the order:or agree to it. An order for possession issued by the
court allows the public entity to have the use of the portion of your property which is the subject
I , Code of Civil Procedure section 1240.030 states that the power of eminent domain may be exercised
to acquire property for a proposed project only if all the following are established:
(a) The public interest and necessity requite the project;
(b) The project is planned and located in the manner that will be most compatible with
the greatest public good and least private injury; and
(c) The property sought to be acquired is necessary for the project.
Page 8
of the proceeding prior to an award of just compensation in court. This procedure is typically used
only where the use of your property is necessary to accomplish timely construction of the project
for which your property is required.
To obtain an order for possession, the public entity must deposit with the court, the county, or
(usually) the State Treasurer, an amount not less than its appraisal of the fair market value of the
property to be acquired (the offer amount). The owner is then sometimes permitted to withdraw a
portion or all of this amount, depending upon the individual circumstances. It is recommended
that you have the help of an attorney if you intend to do this. Should the court award exceed the
amount deposited, you will be paid the difference plus any interest that may be provided by state
law.
What Can I Do If I Am Not Satisfied With the Award of the Amount of Just
Compensation?
If you are not satisfied with the amount of the award of just compensation, you may, based upon
the specific circumstances, evidence and procedure of the trial, file an appeal with the appropriate
appellate court for the area in which your property is located. The public entity may also file an
appeal.
ENERAL QUESTIONS
Can a Public Entity Take Only a Part of My Property?
YES. But, if the purchase of only a part of your property reduces the value of the remaining
part(s), you must be paid for the loss in value. Also,.if any remaining part would have little or no
utility or value to you, the public entity will offer to acquire that remaining part from you if you so
desire. Whether the remaining part(s) have a reduced value after acquisition will be determined by
the public entity's appraiser and attorney, in conjunction with information provided by you. You
may, of course, disagree with this amount and have your own appraiser determine the loss in value.
Page. 9
Should you and the public entity be unable to agree to an amount, the public entity may then
proceed with condemnation proceedings as set forth above.
Must I Move? Now Soon Must I Move?
Not all acquisitions by public entities require .a. business or home owner to move. However, should
an acquisition of either a portion of the property or the entire parcel require you to move, every
reasonable effort will be made to give.you ample dtnc to relocate after the acquisition of your
property. In most cases a mutually satisfactory arrangement can be worked out. Except in an
unusual instance where there is an urgent aced for your property, you cannot be required to move
from your residence or to move your business or farce operation without at least 90 days' advance
written notice of the date by which your move is required.
If you reach a voluntary agreement to sell your property, you cannot be required to move before
you receive the agreed purchase price. In the case of a condemnation, you cannot be required to
move before the estimated fair market value of your property has been deposited with the court (or
into escrow) so that you can withdraw your share.
If you are being displaced from your residence, decent, safe and sanitary replacement housing must
be available before you can be required to move.
Will I Receive Assistance with Relocation?
YES. If eligible, the public entity will provide relocation referral assistance and cash payments for
eligible moving expenses in addition to any compensation paid through the property acquisition
process. The amount of relocation expenses is determined on a case -by -case basis in accordance
with the Federal Uniform Act and State Guidelines. A Relocation Assistance Program brochure
describing relocation benefits will be available from the public entity if the project proceeds and
you are determined to be eligible to receive these benefits.
No relocation payment received will be considered as income for the purposes of the Internal
Revenue Code of 1954.
Page 10
I'm A Veteran, How About My GI Loan?
After your GI home mortgage loan has been repaid, you may be permitted to obtain another GI
loan to purchase another property. Check on such arrangements with your nearest Veterans
Affairs office.
LOSS OF GOODWILL
Will I Be Compensated for the Loss of Goodwill for .My Business?
If you own a business located and conducted on the real property to be acquired, you may have a
right to claim compensation for loss of business goodwill. You should contact your personal
attorney or an attorney who practices in this area and has knowledge regarding such claims.
TAXES
If My Property is Worth More Now than When I Bought it, Must I Pay Capital Gains Tax
on the Increase?
It is recommended that you consult your tax advisor, a tax attorney, or the appropriate tax agencies
if you have questions concerning these issues. Also, Internal Revenue Service (IRS) Publication
544, "Sales and Other Dispositions of Assets," is available from the IRS. (NOTE: The number of
this publication may change from lime .to time.) It explains how the Federal income tax would apply to a
gain or loss under the threat of condemnation for public purposes. If you have any questions
about the IRS rules, you should discuss your particular circumstances with your personal tax
advisor, tax attorney, or your local IRS office. The State of California Franchise Tax Board should
be able to provide information regarding state taxes due, if any, resulting from the purchase by a
public entity.
Any and all questions regarding taxes, payment, or increases of same for replacement properties,
cannot be answered by the public entity. You should contact your personal attorney or other tax
advisor.
Page U-
DONATIONS
Is it Possible to Donate My Property?
YES. However, prior to accepting a donation, a public entity must inform the owner in w of
the amount it believes to be just compensation for the property to be acquired. The property
owner trust indicate in writing that although he /she understands he /she cannot be required to sell
his /her property for less than just compensation, he /she voluntarily agrees to do so, or to
contribute the property without payment of compensation. You are advised to consult with a tax
advisor and lender(s) prior to snaking a donation.
DEFINIXIONS
The language used in relation to eminent domain proceedings may be new to you. The following
are some terms you may hear. Please note that these definitions are general and are provided to
assist in the discussion related to the proposed acquisition. They are not intended to be legal
definitions.
Acquire —To purchase.
Answer —The property owner's written reply, in appropriate legal form, filed with the court in
response to the complaint and as requested by the summons.
Compensation — The amount of money to which a property owner is entitled under the law for
the purchase of or damage to the property.
^ P
Complaint — The document filed with the court by the state which initiates an eminent domain
proceeding.
Condemnation — The legal process by which a proceeding in eminent domain is accomplished.
Counsel — An attorney or attorneys.
Page 12
Eminent Domain —The right of governmental entities to purchase private property for public use
Final order of condemnation — The instrument which, when recorded, transfers title to public
ownership.
Judgment — Th.e court's formal decision based on applicable law and the verdict,
Loss of goodwill — A loss in the value of a business caused . by the public entity's acquisition of
property that cannot be reasonably prevented by relocation of the business or by the owner
adopting prudent or reasonable steps that preserve the value of the business goodwill.
Market value — The fair market value of the property taken is the highest price on the date of
valuation that would be agreed to by a seller being willing to sell but under no particular or urgent
necessity for so doing and not obliged to sell, and a buyer being ready, willing, and able to buy but
under no particular necessity for so doing, each dealing with the other with full knowledge of all the
uses and purposes for which the property is reasonably adaptable and available.
Parcel — Usually means the property that is being acquired.
Plaintiff —The public agency that desires to purchase the property
Possession — Legal control; to have the right to use.
Property — The right or interest which an individual has in land, including the right to use or
possess. Property is ownership; the exclusive right to use, possess or dispose of a thing.
Summons -- Notification of the fling of a lawsuit in eminent domain and of the necessity to file an
answer or other responsive pleading.
Title — Legal ownership.
Trial — The hearing of facts from the plaintiff and defendant in court, either with or without a jury.
Page 13
Verdict — The amount of compensation to be paid fot the property.
C:\Emiaent Domain
04,03_13
2067325.1
Page 14
U.S. Postal Service,,,
CERTIFIED MAIL. RtC
EI�PT
" (Domestic Mail Only; Mo Insurance Coverage
Provided)
For delivery information visit our webs Ife at
F
www.usps.eom.;,
r_
-� r
5551P Street, Suite 1500
Oakland, California 54607
tel (510) 808 -2000
fax (510) 444 -1108
www.meyersnave.com
meyers i nave
Mmmitment taPuW law
June 25, 2013
VIA CERTIFIED AND U.S. MAIL
Croak Properties, LP
In Care of Francis P. Croak
1252 Gabriel Court
San Leandro, CA 94577
Re: West Side of Croak Road, Dublin, California
.Assessor's Parcel Number 905 - 0002 - 001-01
Notice of Intent to Adopt a Resolution of Necessity
Dear Mt. Croak:
Neli Palma
Attorney at Law
npalma @meyersnave.com
As you know, the City of Dublin C'atyj is interested in purchasing a Roadway Easement and
two Slope and Drainage Easements from the property located on the west side of Croak Road,
Assessor's Parcel Number 905- 0002 - 001 -01 C'Easements', for the extension of Central
Parkway from the Jordon Ranch Development to Croak Road. Toward this end, the City
previously seat a written offer to purchase the Easements (based upon their appraised value) to
you on April 18, 2013. .
The City would prefer to negotiate a mutually acceptable purchase price with you. However, at
this time the City must consider the option of acquiring the Easements by eminent domain.
Attached hereto please find a Notice of Intent to Adopt a Resolution of Necessity. Please
review the Notice carefully. It includes information relating to the date and time of the hearing
on the proposed Resolution of Necessity, the findings that will be considered by the City
Council at the hearing, and your right to make a request to appear and be heard at the heating.
Please contact me if you have any questions regarding this letter or the attached Notice.
i
Neli Palma
Enclosure as stated
c: Joni Pattilllo, City Manager
('.lttis Foss, Assistant City Manager
Gary Huisingh, P.E., Public Works Director
Andrew Russell, City Engineer
114.4034 2087641.1
A F'RO USH)MIAL LAW COMORATION OAKLAND LOS ANGILIS SACRAMENTO SAN FRANCISCO SANTA ROSA FRISNO
NOTICE OF INTENT TO
ADOPT RESOLUTION OF NECESSITY
City of Dublin
Extension of Central Parkway
Assessor's Parcel Number 905 -0002- 001 -01
Property Owner: Croak Properties, LP
NOTICE IS HEREBY GIVEN, pursuant to Code Civil Procedure section
1245.235, that the City Council of the City of Dublin ("City") will consider adopting a
Resolution of Necessity under Article 2 (commencing with Section 1245.210) of Chapter
4 of Title 7 of Part 3 of the California Code of Civil Procedure and directing the filing of
eminent domain proceedings to acquire certain real property interests for the proposed
extension of Central Parkway from the Jordon Ranch Development to Croak Road (the
"Project"). Specifically, the City is proposing to acquire the following from the property
located on the west side of Croak Road, Assessor's Parcel Number 905 - 0002 - 001 -01: (1)
a roadway easement containing 18,411 square feet, (2) one slope and drainage easement
containing 25,261 square feet, and (3) a second slope and drainage easement containing
23,037 square feet (collectively, the "Easements "). The legal descriptions and plats of
the proposed Easements are attached as Exhibit "A" hereto and incorporated herein by
reference.
Article 1, Section 19, of the Constitution of the State of California; California
Code of Civil Procedure sections 1240.010 - 1240.050, 1240.110, and 1240.120;
California Government Code sections 37350.5, 37353, 39792, 40401, and 40404; and
Streets and Highways Code section 10102 vest the City with the power of eminent
domain to acquire the real property interests described above.
NOTICE IS FURTHER GIVEN that the City Council will consider the
adoption of the Resolution of Necessity at its regularly scheduled meeting on Tuesday,
July 16, 2013, at 7:00 p.m., in the Council Chamber located at 100 Civic Plaza,
Dublin, California 94568.
NOTICE IS FURTHER GIVEN that any interested person has a right to
appear and be heard before the Council at the above scheduled hearing on the following
matters (including those referred to in section 1240.030 of Code of Civil Procedure), and
to have the Council consider their testimony prior to deciding whether or not to adopt
the proposed Resolution of Necessity:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
Pape 1
(c) Whether the Easements sought to be acquired are necessary for said
Project; and
(d) Whether the offer required by Government Code section 7267.2 has been
made to the owner of record.
Questions regarding the amount of compensation to be paid or the value of the
Easements to be acquired are not dart of this proceeding, and the Council will not
consider such matters in determining whether a Resolution of Necessity should be
adopted.
If you wish to appear and be heard at this meeting, you must file a written request
to appear and be heard with the Cletk of the City of Dublin at 100 Civic Plaza, Dublin,
California, 94568, within fifteen (15) days after this Notice was mailed.
NOTICE IS FURTHER GIVEN that the failure to file such a written request
to appear and be heard within fifteen (15) days after the mailing of this Notice will result
in a waiver of the right to appear and be heard.
CITY OF DUBLIN
Date: June 25, 2013 By: ry"�u V
NELI N. PALMA
Special Counsel for
City of Dublin
114.4034/2087818
Page 2
I, Duyen Truong, the undersigned, declare as follows:
I am a citizen of the United States and employed in the County of Alameda. I am over the age
of eighteen years and not a party to this action; ;any business address is Meyers, Nave, Riback,
Silver & Wilson, 55512th Street, Suite 1500, Oakland, Califomia, 94607.
On June 25, 2013, I served the attached NOTICE OF INTENT TO ADOPT A
RESOLUTION OF NECESSITY on the interested parties in this action, by placing a true
copy thereof in a sealed envelope(s), each envelope addressed as follows:
Croak Properties, LP
In Care of Francis P. Croak
1262 Gabriel Court
San Leandro, CA 94577
(X-) (BY FIRST -CLASS MAIL —CERTIFIED & RETURN RECEWr REQUESTED) I caused
each such envelope, with postage thereon fully prepaid, to be placed in the United States
mail at Oakland, California. I am readily familiar with the business practice for collection
and processing of mail in this office; and that in the ordinary course of business said
document would be deposited with the U.S. Postal Service in Oakland on that same day.
I understand that service shall be presumed invalid upon motion of a party served if the
postal cancellation date or postage meter date on the envelope is more than one day after
the date of deposit for mailing contained in this declaration.
(X) (BY FIRST CLASS MAIL) I caused each such envelope, with postage thereon fully
prepaid, to be placed in the United States mail at Oakland, California. I am readily
familiar with the business practice for collection and processing of mail in this office, and
that in the ordinary course of bossiness said document would be deposited with the U.S.
Postal Service in Oakland on that same day. I understand that service shall be presumed
invalid upon motion of a party seared if the postal cancellation date or postage meter
date on the envelope is more than one day after the date of deposit for mailing contained
in this declaration.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and that this Declaration was executed on 4is 25th day of June, 2013, at
Oakland, California.
Duyen Truolag
114.404/M87818
Page 3
EXHIBIT A
Legal Descriptions /Proposed Acquisitions
f�
d
I t6
CJ
aoW
0. �I
cliov
19982654
R =511. jo' ROADWAY EANr
t3 - 9314L50 AREA 144111 W
L= 8798' S8278'1ST
69.98'
�9��' S72'�41'5B "1'
L�76�ZB' S,% ls'
A0
lcs;7''S3'o3 "W�
iiQ I1' M72'4i'SS"W�
R =,385
00 ' 457'
A-197510I" R =281 OD'
L�1237(1 d�1754'39"
P.O.B. t =BZ4B'
LEGEND
CROAK
1979229985
P.O.B. PINT OF BEGINNING
P.ac POINT OF COMMENCEMENT
EXHIBIT A
PLAT TO ACCOMPANY
LAND DESCRIPTION
31.
./01�
4
� ✓'� ,13rt�14�1lJ
CRGAK
1979229985
31900
'8VI'37"
AR37'�
S37W'08'V
mms
�N ROW
2612 4? 353
N'AI—
Y
0 100 200
�� No. f:�l�•I
IN
i inch s 100 tL
G:\WM\0UW\VAPPKG\PLAlS\aRW ROAD ROAD [SM14" 3/I6/=j S2ft41 IY! YDI
JL
RUGGERI- JENSEN -AZAR
CNYINCERS • PLANNINS • SUNVRYORS
41i91i I:H6ROf naaw', Siall 7DD !'ll'A$nNIpTl. CA 945aN
1-_ 100' 1 04-00 -2013
EXHIBIT "A"
Central Parkway Roadway Easement over Croak Property
Land Description of a parcel of land situate in the County of Alameda, and State of California; and being a
portion of Parcel 2 as described in the Deed to Francis P. Croak recorded on November 13, 1979 under
document no. 1979-229985, Official Records of said County, and being more particularly described as follows:
Commencing at the southeast corner of that parcel of land described In the deed to 13JP -ROF Jordan Ranch LLC,
recorded on May 05, 2008 under document no. 2008- 148449, Official Records of said County, same corner
being on the east lime of the above mentioned Parcel 2; Thence along the east line of Parcel 2, North 00' 46'
42" East - 369.31 feet for the Point of Beginning hereof; Thence continuing along said east line, North 00' 46'
42" East - 73.28 feet for the beginning of a curve to the left, from which corner the center bears North 17' 37'
40" East; Thence leaving; said east line and crossing through the Croak parcel for the following six {6) courses:
(1) in a southeasterly direction 87.98 feet along the arc of said curve to the left, having a radius of 511,10 feet
and through a central angle of 09' 51' 45 ", (2) South 82' 18' 16" East - 69.98 feet to the beginning of a curve to
the right, (3) in a southeasterly direction 76.28 feet along the arc of said curve to the right, having a radius of
455.00 feet and through a central angle of 09° 36' 20 ", (4) South 72' 41'56" East - 55.19 feet for the beginning
of a curve to the right, (5) in a southeasterly direction 100.37 feet along the arc of said curve to the right,
having a radius of 319.00 feet anti through a central angle of 18' 01'37", and (6) North 86'42'.54" East - 35.78
feet to a point on the west line of Croak Road (2612 deeds 353); Thence along said west line, South 37' 53' 08"
West - 80.06 feet; Thence leaving the west line of Croak Road and continuing across the Croak parcel for the
following five (5) courses: (1) North 16° 27' 29" West - 31.76 feet for the beginning of a curve to the left, from
which the center bears South 72' 41' 56" East, (2)1n a northwesterly direction 87.84 feet along; the arc of said
curve to the left, having a radius of 281.00 feet and through a central angle of 17' 54' 39 ", ;3) North 72' 41' 56"
West - 41.67 feet for the beginning of a curve to the left, (4) in a northwesterly direction 123.70 feet along the
arc of said curve to the left, having a radius of 365.00 feet and through a central angle of 19' 25' 01 ", and 15)
South 87' 5.3'03" West - 110.11 feet to the Point of Beginning.
Containing 18,411 Square Feet of land area, more or less.
Scott Shortlidg;e, LS 6441 U slate
U-
Scott .y.
CROAK ROAD ROAD ESMT.txt
Name: standard 1
North: 443191.81' East: 612223.18'
Segment #1 . Line
Course: NOO'46'42 "E Length: 73.2808'
North: 443265.08' East: 612224.17'
Segment #2 . Curve
Length: 87.9791' Radius: 511.1047'
Delta: 009'51'45" Tangent: 44.0985'
Chord: 87.8705' Course: 577'18'13 "E
Course In: N17'37'40 "E Course out: 507'45'54 "W
RP North: 443752.18' East: 612378.95'
End North: 443245.77' East: 612309.90'
segment #3 . Line
course: 582'18'16 "E Length: 69.9755'
North: 443236.40' East: 612379.24'
segment #4 . Curve
Length: 76.2801' Radius: 455.0000'
Delta: 009'36'20" Tangent: 38.2296'
Chard: 76.1908' Course: 577'30106 "E
course In: 507'41'44 "w Course Gut: N 17'18'04 "E
RP North: 442785.49' East: 612318.31'
Page 1
End North: 443219.91'
Segment #5 . line
course: S72 °41'56 "E
North: 443203.49'
segment #6 curve
CROAK ROAD ROAD ESMT.tXt
East: 612453.63'
Length: 55.1947'
East: 612506.32'
Length: 100.3668' Radius: 319.0000'
Delta: 018 °01'37" Tangent: 50.6015'
chord: 99.9533' course: S63 °41'08 "E
course in: 517'18'04 "W course Out: N35 °19'41 "E
RP North: 442898.93' East: 612411.46'
End North: 443159.18' East:: 612595.92'
segment #7 . Line
course: N86`42'54 "E
North: 443161.23'
Segment #8 . Line
course: S37'53'08 "W
North: 443098.05'
Length: 35.7793'
East: 612631.64'
Length: 80.0557'
East: 612582.48'
Page 2
CROAK ROAD ROAD ESMT.tkt
Segment ##9 . Line
Course: N16 °27'29 "W Length: 31.7606'
North: 443128,51' East: 612573.48'
segment ##10 . Curve
Length: 87.8413' Radius: 281.0000'
Delta: 017 °54'39" Tangent: 44.2818'
Chord. 87.4840' Course: N63 °44'37 "w
Course 1n: S35 °12'43 "w Course Out: N17 °18'04 "E
RP North: 442898.93' Gast: 612411.46'
End North: 443167.21' Gast: 612495.02'
Segment ##11 : Line
Course: N72 °41'56 "w Length: 41.6703'
North: 443179.61' East: 612455.24'
segment #12 . curve
Length: 123.6951' Radius: 365.0000'
Delta: 019 °25'01" Tangent: 62.4464'
Chord: 123.1041' Course: N82 °24'27 "w
course in: 517`18'04 "W course Out: NO2'06'57 "W
RP North: 442831.12' East: 612346.69'
End North: 443195.87' East: 612333.21'
Page 3
i
CROAK ROAD ROAD ESMT.txt
Segment #13 Line
Course: S87 °53'03 "W Length: 110.1098'
North: 443191.81' East: 612223.18'
}P-er/i�me/t�egr:�l 973.9892' Area: 18411.01 18411./01 CSq. [E�t p. l`{
Error Closure, Course: S38 °27'15 "W
Error North: -0.000 East: -0.000
Precision 1. 972429400.0000
Page 4
V K
V4
�I
O$
CHEN
199826154
N8470'55 "E 584'104T
I v 134.28' 7J53' CWa4K
r- S693727T 1979229985
�- L6
47232'39 "W
1sa8s' -�.
IAM4646"W
18857'
CROAK
1979229955
COUNTY 40'
2612 OR 353
0 100 zoo
I�
{ IN Fm
1 3Dch - 100 M
EXHIBIT A
P. as
P.O.C.
w
ZQ' /
4
4�
J
UQ
LEGEND
PLAT TO ACCOMPANY
LAND DESCRIPTION
cm or i)uei x AIM= Cou*rr. CA1rPORpiIA
,
Z Of
o
Xy�
aWE & DRA rAGE
E*ASamvr - 2
Aga 2AX11 SF
537WV8"W
3200'
537W''08"W
Bao6r
S37W'08"W
19.88'
— SLOPE & WAOMW
EASEMENT -- 1
AR SA 23m* SF
emw TO*
RWiW
Data
N
L1
-
=u
N
8y7�:9�8�1'
/C�ll
C2
�
4
�
�
ARA
C3
moo'
18191.17"
V K
V4
�I
O$
CHEN
199826154
N8470'55 "E 584'104T
I v 134.28' 7J53' CWa4K
r- S693727T 1979229985
�- L6
47232'39 "W
1sa8s' -�.
IAM4646"W
18857'
CROAK
1979229955
COUNTY 40'
2612 OR 353
0 100 zoo
I�
{ IN Fm
1 3Dch - 100 M
EXHIBIT A
P. as
P.O.C.
w
ZQ' /
4
4�
J
UQ
LEGEND
PLAT TO ACCOMPANY
LAND DESCRIPTION
cm or i)uei x AIM= Cou*rr. CA1rPORpiIA
,
Z Of
o
Xy�
aWE & DRA rAGE
E*ASamvr - 2
Aga 2AX11 SF
537WV8"W
3200'
537W''08"W
Bao6r
S37W'08"W
19.88'
— SLOPE & WAOMW
EASEMENT -- 1
AR SA 23m* SF
emw TO*
RWiW
Data
LaVO
L1
10'
95145"
8y7�:9�8�1'
/C�ll
C2
,$111. .
4551,
9W W"
ARA
C3
moo'
18191.17"
10QJY'
C4
JK00'
1979171"
12.1
C5
281.!X1'
174'39"
87.48'
Lbu r�1B
tLo
(once]
L1
AW706V
59.98'
L2
N VM"iY
5119'
LJ
S8642 34V
A78'
1.4
N87w'li13 E
11011'
L5
Sn'41 VT
41.57'
t5
S1677WT
31.75'
POINT OF BEGINNING
POINT OF COMMENCEMENT
a1k►morla+,m yu,4 wcvaAnVnru ROAD ORAO ism#" Io/w/ma
�1 x.
RUGGERI- JENSEN -AZAR
LNOMLLRS • PI.ANNLRF . SLRYEVQ*%
4090 CIM001 08lVE. WTV 2OO I'kl'ASANIM CA 94588
I'mml: (92s) nt-tmo fAx (sn') 270-vM0
SCALE: IMM J08 NO.:
1 " =loo, 04 -08 -2013 081001
EXHIBIT "A"
Central Parkway Roadway — Slope & Drainage Easements over Croak Property
Land Description of two parcels of land situate in the County of Alameda, and State of California; and
being portions of Parcel 2 as described in the Reed to Francis P. Croak recorded on November 13, 1979
under document no. 1979 - 229985, Official Records of said County, and being more particularly
described as follows:
f ,'.. A 19 q% 0 U: V41
Commencing at the southeast corner of that parcel of land described In the deed to I3JP -ROF Jordan
Ranch i.LC, recorded on May 05, 2008 under document no. 2008 - 148449, Official Records of said
County, same corner being on the east line of the above mentioned Parcel 2; Whence along the east line
of Parcel 2, North 00' 46'42" Fast — 339.79 feet for the Point of Beginning hereof; Thence continuing
along said east line, North 00° 46' 42" Fast — 29.52 feet; Thence leaving sald east line and crossing
through the Croak parcel for the following five (S) courses: (1) North 87' 53'03* West - 110.11 feet for
the beginning of a curve to the right, (2) in a southeasterly direction 123.70 feet along the arc of said
curve to the right, having a radius of 365.00 fleet and through a central angle of 19' 25'01", (3) South 72'
41' 56" East - 41.67 feet for the beginning of a curve to the right, (4) in a southeasterly direction 87,84
feet along the arc of said curve to the right; having a radius of 281.00 feet, through a central angle of 17'
54' 39", and (5) South 16' 27129" East - 31.76 feet to a point on the west line of Croak Road (2612 deeds
353); Thence along said west line, South 37' 53' 08" West —19.88 feet; Thence leaving said west line
and crossing through the Croak parcel for the following two (2) courses: (1) North 80' 46' 46" West -
188.57 feet, and (2) North 72' S2'39" West - 168.85 feet to the Point of Beginning.
Containing 23,037 Square Feet of land area, more or less.
Commending at the southeast comer of that parcel of land described In the deed to BJP -ROF Jordan
Ranch LLC, recorded on May 05, 2008 under document no. 2008 - 148449, Official Records of said
County, same corner being on the east line of the above mentioned Parcel 2; Thence along the east line
of Parcel Z, North 00' 46' 42" East -- 442.59 feet for the Point of Beginning hereof; Thence continuing
along said east line, North 00' 46' 42" East — 29.34 feet; Thence leaving said east fine and crossing
through the Croak parcel for the following four (4) courses: (1) North 84' 10'55" East - 134.28 feet, (2)
South 84° 10' 24" East - 73.53 feet, (3) South 69' 57' 27" East - 90.58 feet, and (4) South 58° 23' 01" East
- 158.40 feet to a point on the west line of Croak Road (2612 deeds 353); Thence along said west line,
South 37' 53' 08" West — 32.00 feet; Thence leaving said west line and crossing through the Croak
parcel for the following six (6) courses: ji) South 86' 42' 54" West - 35.78 feet for the beginning of a
curve to the left, from which point the center bears South 35* 19' 41" West, (2) in a northwesterly
direction 100.37 feet along the arc of said curve to the left, having a radius of 319.00 feet and through a
central angle of 18' 01' 37 ", (3) North 72' 41' 56 ".West - 55.19 feet to the beginning of a curve to the
left, (4) In a northwesterly direction 76.28 feet along the arc of said curve to the left, having a radius of
455.00 feet and through a central angle of 09' 36' 20 ", (5) North 82' 18' 16" West - 69.98 feet for the
beginning of a curve to the right, and (6) In a northwesterly direction 87.98 feet along the arc of said
curve to the right, having a radius of 511.10 feet and through a central angle of 09' 51' 45" to the Point
of Beginning.
Containing 25,261 Square Feet of land area, more or less.
Date
CROAK ROAD GRAD ESMT.txt
Name: LOTS -R7A 2
North: 443161.23' East: 612631.64'
Segment #1 . Line
course: 686'42'54 "w Length: 35.7793'
North: 443159.18' East: 612595.92'
Segment #2 . curve
Length: 100.3668' Radius: 319.0000'
Delta: 018'01'37" Tangent: 50.6015'
Chord: 99.9533' course: N63'41'08 "W
course In: 635'19'41 "w course Out: N17'18'04 "E
RP North: 442898.93' East: 612411.46'
End North: 443203.49' East: 612506.32'
segment #3 : Line
Course: N72'41'56 "W Length: 55.1947'
North: 443219.91' East: 612453.63'
Segment #4 . Curve
Length: 76.2801' Radius: 455.0000'
Delta: 009 "36'20" Tangent: 38.2296'
Chord: 76.1908' Course: N77'30'06 "W
Course In: 517'18'04 "w course Out: N07'41'44 "E
RP North: 442785.49' East: 612318.31' .
Page 1
+� gyp,. HT7i4
� �to.6ddi
FOF
o r �
End North: 443236.40'
Segment #5 . Line
Course: N82 °18'16 "W
North: 443245.77'
Segment #6 . Curve
CROAK ROAD GRAD E5MT.tXt
East: 612379.24'
Length: 69.9755'
East: 612309.90'
Length: 87.9791' Radius: 511.1047'
Delta: 009 °51'45" Tangent:.44.0985'
Chord: 87.8705' Course: N77 °18'13 "W
Course In: N07'45'54 "E Course Out: 517'37'40 "W
RP North: 443752.19' East: 612378.95'
End North: 443265.08' East: 612224.17'
Segment #7 . Line
Course: NOO °46'42 "E
North: 443294.42'
Segment #8 . Line
Course: N84'10'55 "E
North: 443308.03'
Length: 29.3408'
East: 612224.57'
Length: 134.2823'
East: 612358.16'
Page 2
CROAK ROAD GRAD ESfW'r . tXt
Segment #9 . Line
Course: 584'10'24 "E Length: 73.5253'
North: 443300.57' East: 612431.31'
Segment #10 . Line
course: 569'57'27 "E Length: 90.5800'
North: 443269.52' East: 612516.40'
Segment #11 : Line
Course: S58 °23'01 "E Length: 158.3950'
North: 443186.49' East: 612651.29'
Segment #12 . Line
course: 537'53'08 "w Length: 31.9968'
North: 443161.23' East: 612631.64'
Perimeter: 943.6958' Area: 25260.79 Sq. Ft.
Error closure: 0.00 Course: 517'41'13 "W
Error North: -0.001 East: -0.000
Precision 1: 943084300.0000
Nape: LOTS-R]A : 3
Page 3
CROAK ROAD GRAD ESMT.tXt
North: 443098.05' East: 612582.48'
Segment #1 : Line
Course: S37'53'08 "W Length: 19.9768'
North: 443082.36' East: 612570.27'
Segment #2 . Line
Course: N80'46'46 "W Length: 188.5650'
North: 443112.58' East: 612384.14'
Segment #3 . Line
course: N72'52'39 "W Length: 168.8507'
North: 443162.29' East: 612222.78'
segment #4 . Line
course. 400646'42 "E Length: 29.5167'
North: 443191.81' East: 612223.18'
segment #5 . Line
Course: N87'53'03 "E Length: 110.1098'
North: 443195.87' East: 612333.21'
Page 4
CROAK ROAD GRAD ESMT.tXt
segment #6 . Curve
Length: 123.6951' Radius: 365.0000'
Delta: 019 "25'01" Tangent: 62.4464'
Chord: 123.1041' Course: S82 °24'27 "E
Course in: S02 °06'57 "E Course out: N17'18'04 "E
RP North: 442831.12' East: 612346.69'
End North: 443179.61' East: 612455.24'
segment #7 . Line
Course: S72'41'56 "E Length: 41.6703'
North: 443167.21' East: 612495.02'
segment #8 . Curve
Length: 87.8413' Radius: 281.0000'
Delta: 017 °54'39" Tangent: 44.2818'
Chord: 87.4840' Course: S63 °44'37 "E
Course in: s17 °18'04 "W Course out: N35 °12'43 "E
RP North: 442898.93' East: 612411.46'
End North: 443128.51' East: 612573.48'
Segment #9 . Line
Course: S16 °27'29 "E Length: 31.7606'
North: 443098.05' East: 612582.48'
Page 5
CROAK ROAD GRAD ESMT.tXt
Perimeter: 801.8862' Area: 23036.80 Sq. Ft.
Error Closure: 0.00 Course: S11 °10'16 "W
Error North: -0.000 East: -0.000
Precision 1: 800938000.0000
Page 6
1
RECEIVED
JUL 1 0 2013
CITY OF DUBLIN
CITY MANAGER'S OFFICE
Patrick Croak
4617 James Avenue
Castro Valley, CA 94546
July 10,2013
Ms. Joni Pattillo
City Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Dear Ms. Pattillo,
We are in receipt of your letter dated June 25, 2013 from Counsel for the City of Dublin Neli Palma at
Meyers' Nave and the Notice of Intent to Adopt Resolution of Necessity regarding the extension of
Central Parkway on parcel 905-02-01-01.
On behalf of the owners of said property, I wish to request to appear and be heard at the upcoming City
Council meeting on Tuesday, July 16,2013 at 7 p.m. regarding this matter.
‘ e fatrick i ly yours, �,
a--c
F.Cr oak