HomeMy WebLinkAbout6.2 FairwayRan SDR&Agmts
SUBJECT:
ATTACHMENTS:
CITY CLERK
File # D~~[Q]-[z;][Q]
30-f3()
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 1,2003
RECOMMENDATION:
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PUBLIC HEARING: P A 03-010, Fairway Ranch Affordable Housing
Community, Site Development Review, Density Bonus, and four
Development Agreements
Report Prepared by Mike Porto, Planning Consultant and Marnie R.
Waffle, Assistant Planner
1.
Resolution approving Site Development Review and Density Bonus
(with Fairway Ranch Residential Community at Dublin Ranch,
Vesting Tentative Map and Site Development Review dated June
2003 attached as Exhibit 1).
Ordinance approving four Development Agreements (with the
Agreements attached as Exhibits A, B, C, and D).
Planning Commission Resolution 03-31 approving Tentative Tract
Map 7453 (with Tentative Tract Map attached at Exhibit A).
Planning Commission Resolution 03-32 referring decision making
authority to the City Council with a strong recommendation that
certain issues be addressed by the City Council.
Planning Commission Resolution 03-33 recommending City
Council approval of four Development Agreements.
Planning Commission Staff Report dated June 24, 2003 (w/out
attachments).
Draft Minutes from Planning Commission Meeting of June 24, 2003
(to be provided under separate cover).
TJKMTransportation Consultant's memo dated April 10, 2003.
DMC Chapter 8.68, lnclusionary Zoning Regulations.
DMC Chapter 8.52, Density Bonus Regulations.
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2.
Open Public Hearing and receive Staff presentation.
Take testimony from the Applicant and the Public.
Question Staff, Applicant and the Public.
Close Public Hearing and deliberate.
Adopt Resolution (Attachment 1) approving Site Development
Review and Density Bonus.
Waive the reading and introduce the Ordinance (Attachment 2)
approving four Development Agreements (with the Agreements
attached as Exhibits A, B, C, and D).
Continue the item to the July 15th City Council meeting to consider
adoption of the Ordinance approving the Development Agreements.
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COPIES TO:
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PROJECT DESCRIPTION:
In 1997, the City Council adopted Resolution 97-141 approving a Planned Development District and Land
Use and Development Plan/District Planned Development Plan (LUDP/DPDP) for Dublin Ranch Areas B
through E, located within the Eastern Dublin Specific Plan. This approval established the final zoning for
Areas B through E and required that a Tentative Map, Site Development Review, and Development
Agreement be approved prior to the issuance of building permits for the development of the properties.
The Project, referred to as Fairway Ranch, includes a Tentative Tract Map, which was approved by the
Planning Commission, Site Development Review with a density bonus for affordable housing, and four
Development Agreements, for the construction of 930 residential units within a portion of Dublin Ranch
Area B. The LUDPIDPDP designated a total of 744 units on this site with a provision that this number
could be increased during Site Development Review as long as the total number of units for Areas B
through E combined did not exceed 1,875 units. Additional development regulations were adopted as part
of the LUDP/DPDP including, a parking requirement of 1.9 spaces per dwelling unit for High Density
Residential land uses; a reduction in the parking requirement for assisted care/senior housing; and,
setbacks.
Fairway Ranch, as proposed, would require the subdivision of 152 acres of land within the Eastern Dublin
Specific Plan, Dublin Ranch Area B, for the creation of Parcels 1, 2, and 3 on which the Project would be
constructed, and Parcel 4 (the remaining 127 .3 acres) which is not part of this application. Parcels 1, 2,
and 3 would comprise 24.78 gross acres of land for the construction of 930 residential units (Exhibit 1 to
Attachment 1). Land uses surrounding the Project site include, undeveloped land to the east and north
designated for Medium-Density Residential, and to the south for Campus Office. To the west of the
Project site is Medium-High and High Density Residential housing and a City park all of which is
currently under construction as part ofthe Town Center (Area G) project.
The three parcels comprising the Fairway Ranch project are proposed to be developed with the following
residential housing types: 1) senior rental housing (55 years of age and older), 2) multi-family rental
housing, and 3) for-sale condominium housing. Of the 930 units, 587 (or 63%) would be affordable to
very low-income, low-income, and moderate-income households while 343 (or 37%) would be market-
rate. The definitions of low, very low, and moderate-income households are provided in the discussion
below on Affordability. Each of the three housing types would include both affordable and market-rate
units. Table 1 shows the distribution of affordable and market-rate units throughout the project.
The large portion of affordable units proposed for Fairway Ranch would satisfy the Inclusionary Zoning
requirements for this project as well as for an additional 2,655 future residential units within Dublin
Ranch. The Applicant is also requesting a Density Bonus of 186 units, included in the 930 units
proposed, for providing units affordable to very-low and low income households. An explanation of the
Inclusionary Zoning requirements and the Density Bonus is provided in the discussion below on
Affordability.
TABLE 1
NO. OF AFFORDABLE AND MARKET-RATE UNITS BY PROJECT
Senior Rental Housin
Multi-Family Rental Housin
For-Sale Condominium Housin
Total No. Of Units
Percent Distribution
2 v: "
0'
ANALYSIS:
Site Development Review
Access and Circulation
The Fairway Ranch project site would be bound by the extension of Central Parkway to the north, the
extension of Dublin Boulevard to the south, a new street currently designated as "Y" Street to the east,
and Keegan Street to the west. Two vehicular access points are proposed along Keegan Street, at Finnian
Way and Maguire Way. Extensions of both Finnian Way and Maguire Way would be private streets and
are proposed to provide access through the site to future "Y" Street. The main access points would be
along Keegan Street with secondary access points proposed along future "Y" Street. The intersections at
Keegan Street/Finnian Way and Keegan StreetlMaguire Way would be signalized.
The main entrance to the Senior project is proposed at Keegan Street and Finnian Way. Access to the
Senior West parking structure could be obtained from Finnian Way. A second entrance to the parking
structure would be located off of an internal street that wraps around the Senior East project. Access to
the Multi-Family and For-Sale Condominium projects are proposed at Keegan Street and Maguire Way.
Two parking structures, one for the Multi-Family project and one for the Condominium project, are
proposed and could be accessed from two separate entrances off of Maguire Way.
Pedestrian access to the site is proposed along Dublin Boulevard, Keegan Street, "Y" Street and Central
Parkway.
Four, on-site Emergency Vehicle Access Easements (EV AE) are proposed to accommodate fire truck
access to all of the buildings within Fairway Ranch. Two EV AE's would be located on Parcel 1, the
Senior Rental site. One EV AE is proposed to run along the Northern portion of the Senior West building
adjacent to Central Parkway. The other would intersect the Senior East project and run in a north-south
direction. The other two EV AE's would be located on-site along the easterly boundary of Parcel 2 (the
Family Rental site) and Parcel 3 (the For-Sale condominium site) adjacent to the proposed "Y" Street.
Site Plan
Parcel 1 (Senior Rental Housing): This site, the northern-most of the three parcels, would be located
south of Central Parkway between Keegan Street and "Y" Street and is proposed to be developed with 322
units of Senior Rental Housing. Parcell would be developed with five separate buildings and generally
divided into east and west sections. Building A-I, located on the westerly portion of Parcel 1 adjacent to
Keegan Street would be developed with 4 levels of apartments (154 units) over one level of parking
partially below grade.
The east section of Parcell would be developed with four buildings. Buildings A-2 and A-4 are proposed
to be three stories of apartments, and Buildings A-3 and A-5 would be constructed at four stories, for a
total of 168 units. Ninety-degree surface parking would be provided surrounding the project site. Some
carports would be provided as covered parking for the residents while a portion of the parking stalls would
remain uncovered for guests. Parcel 1 would be separated from Parcel 2 on the south side by the
extension of Finnian Way as a private drive running between Keegan Street and the proposed "Y" Street.
Parcel 2 (Multi-Family Rental Housing): Parcel 2 is the middle parcel on the site and is proposed to be
developed with 304 units of Multi-Family Housing. A 4-level parking structure would be centrally
located on this parcel surrounded by 4-story residential buildings. Blocks of units are proposed to be
arranged around outdoor courtyards of varied designs and configurations. Parcel 2 would be separated
from Parcel 3, immediately to the south, by the extension of Maguire Way as a private drive running
3
between Keegan Street and the proposed "Y" Street. This drive entrance would be designed with a
landscaped median off of Keegan Street and a small roundabout visually tying the north and south sides of
the street together and identifying the access driveway to each parking structure.
In addition to the residential units, Parcel 2 would also include approximately 5,000 square feet of
ancillary retail/commercial uses located on the ground level at the southeast corner of Keegan Street and
Finnian Way.
Parcel 3 (For-Sale Condominiums): Parcel 3 would be located at the south end of this project on the
north side of Dublin Boulevard, and is proposed to be developed similar to the Multi-Family site with the
same mix of 304 units. The central parking structure would be 5 levels, but would not exceed the
surrounding residential buildings due to one level of parking being located partially below grade. The
surrounding residential structure would also be arranged around smaller, well-designed courtyards.
The Multi-Family project and the Condominium project are proposed to have common recreation areas
including open turf, tot-lots, lap pools, and clubhouses of approximately 2,770 square feet.
Floor Plans
The Applicant is proposing eleven different floor plans to be used throughout the 3 projects that vary in
size and layout. The units would be single-story units and range in size from 575 to 1,035 square feet.
Access to the units would be from interior corridors. Generally, there would be a minimum of two
stairwells and an elevator located on every floor. Laundry facilities, when not provided within the units,
would be available on the second and third floors of the three-story buildings and the second, third and
fourth floors of the four-story buildings. Trash chutes are proposed on each floor between the laundry
facility and the elevator with the collection area located on the first floor next to the elevator.
Table 2 provides a brief description of the basic elements of each unit type. Plans A through E are evenly
distributed within the Multi-Family project and the For-Sale Condominium project. Plans F through G-2
are designed for the Senior Rental units.
TABLE 2
FLOOR PLAN TYPES
A 136 575 sf No Multi-Family
& Condo
B 72 650 sf No Multi-Family
& Condo
B-2 48 710 sf Yes Multi-Family
& Condo
C 80 825 sf 2 No Multi-Family
& Condo
C-2 88 867 sf 2 2 Yes Multi-Family
& Condo
D 72 987 sf 2 2 Yes Multi-Family
& Condo
E 112 1,035 sf 3 2 Yes Multi-Family
& Condo
F 102 575 sf No Senior
F-2 80 673 sf Yes Senior
....'
4 't;;.
G
60
787
sf
2
No
Senior
G-2
80
846
sf
2
2
Yes
Senior
Total 930
Senior Project: Four of the 11 floor plans are designed for Senior Rental Housing. All floor plans in the
Senior East and West buildings would have utilitarian kitchens, living room/dining area, and terraces.
Floor plans F-2 and G-2 would have washer/dryers inside the units; floor plans F and G would not. Floor
plans F-2 and G would have walk-in closets while floor plans F and 0-2 would have standard sliding-door
closets.
Plan F: This floor plan is the smallest proposed at, 575 square feet. It has one bedroom and
one bathroom. A window would be provided in the bedroom and access to the terrace
would be through the living room. The Senior East complex is proposed to have 56 of
these units; the Senior West complex would include 46 units with this floor plan.
Plan F-2: This floor plan is proposed at 673 square feet and would also have one bedroom and
one bathroom. A washer/dryer would be located within these units. A window would
be provided in the bedroom and access to the terrace could be obtained from the
bedroom as well as the living room. The Senior East complex is proposed to have 56
of these units; the Senior West complex would include 24 units with this floor plan.
Plan G: This plan is the only two-bedroom, one-bath unit proposed within the senior rental
project. It would be 787 square feet. One window would be provided in each
bedroom and access to the terrace would be through the living room. The Senior East
complex is proposed to have 28 of these units; the Senior West complex would include
32 units with this floor plan.
Plan G-2: This floor plan is proposed at 846 square feet with two bedrooms and two bathrooms.
A window would be provided in Bedroom # 1 and the living room. Daylight
illumination for Bedroom #2 would be provided from a sliding glass door to the
terrace, which also may be accessed from living room. A washer/dryer would be
available inside these units. The Senior East complex is proposed to have 28 of these
units; the Senior West complex would include 52 units with this floor plan.
Multi-Family & For-Sale Condominium Project: Seven of the 11 floor plans are designed for the
Multi-Family and For-Sale Condominium Housing. All floor plans in these two projects are proposed to
have utilitarian kitchens, and living room/dining areas. Six of the seven floor plans would have a terrace;
four floor plans would have washer/dryers inside the units while three floor plans would not.
Plan A:
This is the smallest floor plan proposed for the multi-family and condominium
buildings at 575 square feet. This unit would be a one-bedroom, one-bath unit. A
window would be provided in the bedroom and access to the terrace could be obtained
through a sliding glass door in the living room. 68 of these units are proposed to be
located in the multi-family building and the condominium building.
Plan B:
This floor plan is proposed at 650 square feet and would also be a one-bedroom, one-
bath unit. There would be two windows in the bedroom, one of which would face the
5 Dc 1~
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terrace. A door would also be provided from the bedroom to the terrace. A sliding
glass door would give access to the terrace from the living room. There are proposed
to be 36 of these units in the multi-family building and the condominium building.
Plan B-2: This would be the largest of the one-bedroom, one-bath floor plans at 710 square feet.
This floor plan would include a washer/dryer within the unit. There would be two
windows in the bedroom, one of which would face the terrace. A door would also be
provided from the bedroom to the terrace. A sliding glass door would give access to
the terrace from the living room. There are 24 of these units proposed in the multi-
family building and the condominium building.
Plan C: This is the only two-bedroom, one-bath floor plan proposed for the multi-family and
condominium buildings. It would be 825 square feet. One window would be provided
in each of the bedrooms and a sliding glass door would provide access to the terrace
from the living room. There are 40 of these units proposed in the multi-family
building and the condominium building.
Plan C-2: This floor plan is 867 square feet and would be a two-bedroom, two-bath unit. A
washer/dryer would be located within the unit. A window would be provided in
Bedroom #1 and access to the terrace could be obtained through a sliding glass door in
bedroom #2 as well as the living room. There are 44 of these units proposed in the
multi-family building and the condominium building.
Plan D: This would be a slightly larger two-bedroom, two-bath unit at 987 square feet A
washer/dryer would be located within the unit. A window would be provided in
Bedroom #1 and access to the terrace could be obtained through a sliding glass door in
bedroom #2 as well as the living room. There are 36 of these units proposed in the
multi-family building and the condominium building.
Plan E: This would be the only three-bedroom, two-bath unit. It is proposed to be the largest
unit at 1,035 square feet and would include a washer/dryer inside the unit. This would
be the only floor plan that does not have a terrace. One window would be provided in
each of the bedrooms. There are 56 of these units proposed in the multi-family
building and the condominium building.
Parking
Senior Rental Housing: The Senior East project is proposed to include four buildings with a total of 168
units. Surface parking is provided on-site and would consist of 185 parking spaces. An additional 14 on-
street parking spaces would be allocated to the site, for a total of 199 parking spaces. A portion of the
surface parking spaces would be covered with carports. On-street parking spaces would be located along
the west side of future "Y" Street. There would be 8 on-site handicap-parking stalls, two of which would
be van accessible. A loading and unloading zone for moving vans would be been designated at the north
end of the site as well as fire lanes on the northeast and southwest corners of the site. (See Sheet C-8 of
Exhibit 1)
The Senior West project is proposed as a four-story building with 154 units, over one level of
subterranean parking. Parking would be provided as follows: 129 structured parking spaces, 21 on-site
surface spaces, 17 on-street spaces, and 11 joint use spaces with the adjacent retail building, for a total of
178 spaces. Seven of the on-site surface spaces would be located near the leasing office for the senior
6 Uo \
apartments. All on-street parking spaces would be located along Central Parkway. There would be 6
handicap stalls within the parking structure, one of which would be van accessible, lon-site handicap
parking stall located just outside the leasing office and lon-site handicap parking stall associated with the
joint use parking spaces. (See Sheet C-8 of Exhibit 1)
The amount of parking proposed for the Senior project (377 parking spaces total) meets the parking
requirements established as part of a parking study which was conducted by TJKM and therefore meets
the requirements of the LUDP/DPDP and Inclusionary Zoning regulations.
Multi-Family Rental Housing: The Multi-Family project includes 304 units and is proposed to have 476
structured parking spaces, lOon-site surface spaces, and 13 on-street spaces, for a total of 499 spaces.
Four stories of structured parking would be provided with four stories of residential units surrounding the
structure. lion-site surface parking spaces would serve the 5,000 square feet of retail as well as guest
parking during off peak retail hours. All on-street parking spaces would be located along the west side of
future "Y" Street. There would be 1 0 disabled parking stalls within the structure two of which would be
van accessible and 1 on-site surface handicap stall. (See Sheet C-8 of Exhibit 1)
The amount of parking proposed for the Multi-Family project (499 parking spaces total) meets the parking
requirements established as part of a parking study, which was conducted by TJKM and therefore meets
the requirements of the LUDPIDPDP and Inclusionary Zoning regulations.
For-Sale Condominium Housing: The For-Sale Condominium project includes 304 units is proposed to
have 550 structured parking spaces, lion-site surface spaces, and 16 on-street spaces, for a total of 577
'spaces. The structured parking would be similar in design to the Multi-Family project but would have 5
stories of parking with four-stories of residential units surrounding the structure. All on-street parking
spaces would be located along the west side of future "Y" Street. There would be 9 disabled parking
stalls within the structure two of which are van accessible and 1 on-site surface handicap stall. (See Sheet
C-8 of Exhibit 1)
The amount of parking proposed for the Condominium project (577 parking spaces total) meets the
parking requirements established in the approved LUDP/DPDP.
Shuttle Service: A shuttle service is proposed to be provided for the residents of Fairway Ranch and
would operate on a fixed schedule and route providing reliable service seven days a week. During the
weekday commute hours, the shuttle would provide transportation to the DublinlPleasanton BART
Station, ACE train station, and selected business parks and/or employment locations as dictated by the
needs of the residents. During the day and evening non-commute hours and on weekends, the shuttle
would provide transportation to local shopping centers, medical facilities, recreational areas and other
destinations. The route and schedule would be tailored to the needs of the residents. A condition of
approval has been included in the Site Development Review and Density Bonus Resolution requiring the
Applicant to submit a plan for review by the Community Development Department with more specific
details on the operation of the shuttle service and requiring that the service be provided for a period of 30
years.
Parking Requirements - Background: As previously stated in this staff report, the LUDP/DPDP
established a 1.9 parking ratio for High Density Residential land uses, with a provision that these
standards could be modified for assisted care/senior units. Parking standards are also regulated under the
City's Inclusionary Zoning Ordinance, which allows for reductions in parking for affordable housing
units. While both the LUDP/DPDP and Inclusionary Zoning Ordinance allow for reductions in parking
standards, they do not stipulate what this reduced standard should be.
7
In order to determine what an appropriate parking ratio would be for the senior housing and affordable
multi-family housing, the City consulted with TJKM to prepare a parking study. The parking study
evaluated six, affordable senior communities and five, affordable multi-family communities (Attachment
8). For-Sale condominium communities were not studied since the ratio of 1.9 spaces per unit was
established as a development standard by the LUDP/DPDP. The results of the parking study are as
follows:
1. A parking ratio of 1.17 parking stalls per unit was derived for affordable senior units; and,
2. A parking ratio of 1.54 parking stalls per unit was derived for affordable multi-family units.
Based on the LUDP/DPDP and the findings from the parking study, the parking requirements for Fairway
Ranch are as follows (see Table 3 for summary):
1. For all senior rental units, a parking ratio of 1.17 parking stalls per unit multiplied by 322 units
produces a parking requirement of 377 stalls.
2. For affordable multi-family rental units, a parking ratio of 1.54 parking stalls per unit multiplied
by 243 units produces a parking requirement of 374 stalls.
3. For market-rate multi-family apartment units, a parking ratio of 1.9 parking stalls per unit
multiplied by 61 units produces a parking requirement of 116 stalls.
For consistency, the same parking ratios (1.54 stalls/unit for affordable units and 1.9 stalls/unit for market-
rate units) were used to determine the parking requirement for the for-sale condominium units and are as
follows (see Table 3 for summary):
1. For affordable for-sale condominiums, a parking ratio of 1.54 parking stalls per unit multiplied by
52 units produces a parking requirement of 80 stalls.
2. For market-rate for-sale condominiums, a parking ratio of 1.9 parking stalls per unit multiplied by
252 units produces a parking requirement of 479 stalls.
TABLE 3
PARKING RATIOS & REQUIRED PARKING
..1\rhhfTTrllfl: , R::lHh* Parking Re AbPliCantProposal
. ~. .......
Senior
All Units 322 1.17 377
Total 322 units 1.17 377 stalls 377** stalls (1.17 ratio)
.
M ulti- Family
Affordable 243 1.54 374
Market 61 1.9 116
Total 304 units 1.61 490 stalls 499 stalls (1.64 ratio)
Condominium
Affordable 52 1.54 80
Market 252 1.9 479
Total 304 units 1.84 559 stalls 577 stalls (1.90 ratio)
*Parking ratios are based on the approved LUDP/DPDP and a parking study conducted by TJKM.
**This total includes 11 parking spaces for joint use between the retail building and senior building A-I.
In total, the parking requirements for the Fairway Ranch Affordable Housing Community are:
1. 377 stalls for the senior rental project,
2. 490 stalls for the multi-family rental project, and
3. 559 stalls for the for-sale condominium project.
8 l}-:h l
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The Applicant is proposing to provide,
1. 377 stalls for the senior rental project (equal to the requirement),
2. 499 stalls for the multi-family rental project (9 stalls more than the requirement), and
3. 577 stalls for the for-sale project (18 stalls more than the requirement).
As proposed, the Fairway Ranch project satisfies the parking ratios determined by the LUDP/DPDP and
the parking study for each housing type.
Architecture
The general design theme and concept for the building exteriors reflect elements of the Craftsman style.
These elements include simulated hardboard siding, stone veneer details; shake singles, wooden accent
trims, and window mullion patterns. Given the mass and scale of three and four-story structures, a variety
of materials and color schemes are used to simulate the features of a wooden structure. Attention has been
paid to the articulation of exterior facades, rooflines, window openings, and terraces.
With the building height in mind, exterior facade planes have been varied extensively in terms of depth,
color, and materials to provide visual interest and reduce mass. Functionally, each building is constructed
with a flat roof. However, hip rooflines, accent gables, and parapets create an interesting silhouette for
otherwise large-mass structures and provide screening for roof-mounted equipment such as HV AC and
elevator housings.
Unlike other large-scale projects, which create high-density residential development, the Fairway Ranch
project has been designed to provide open space courtyards visually accessible from every unit. In
addition, these courtyards break the visual mass of the structure by providing deep recesses in the building
plane interrupting the views from off site. Although the buildings as a whole create a high-density product
(38.0 units to the gross acre, 47.0 units to the net acre), the overall impression of the architecture and
design concept should serve to provide a feeling of a project that is significantly less dense.
The architect has offered six different color schemes for the buildings comprising this project. The color
schemes are reflective of natural tones identified with the craftsman style with tones of natural elements of
wood and stone in browns, grays, and tans. Each scheme includes a harmonious palette for roof materials,
exterior stucco, wood siding, wooden trim, fascia boards, gabled end accents, rails, trellises, and stone
veneers. In place of wood, certain surfaces or details are provided by colored cementous materials within
each scheme shown to simulate hardboard siding, shingles, and trim. These products represent the current
technology in long lasting maintenance free materials that will add to the longevity of this project. Over
time, the project will maintain an attractive and clean look without the deterioration associated with
natural materials.
Roof shingle Mission Cedar Weathered Burnt Sienna Weathered Copper Canyon
Brown Wood Wood
Main building Millet Sawyer's Madonna Lily Tenderfoot Lulled Beige Walnut Wash
color Fence
Trellis accent Sweet Earth Wayfarer Kayak Brown Burntside White Little Bighorn
Gray Shadow
Wood siding None Daplin Stone Lion Amber Waves None None
accent
Wood fascia, Lemon Wayfarer Swiss Coffee Burntside White Little Bighorn
gable end & Chiffon Gray Shadow
otshelf
Wood siding Blue Comet Blush Box Elkhom Bumtside Muddy River Wild Country
Cactus
9 c??
Guard rail Blackmar Blackmar Blackmar Blackmar Blackmar Blackmar
Building base Lemon None Swiss Coffee None White Restorative
Chiffon Shadow
Stucco accent None White None Windrift None None
Shadow
Stone veneer Fog Southern Fox Valley Cedar Wisconsin Silverado Cedar Drystack
D stack Weathered Weathered
The ground level is typically defined with a stone veneer used as an exterior material or to accent pylons
supporting entryway canopies. Typical to the Craftsman style, walls, pilasters, and headers (lintels) of
window and door openings are topped with heavy beams or concrete caps. Windows openings are
vertically rectangular and heavily trimmed. Window mullions are arranged with small upper lights and
larger rectangular panels beneath. The gabled ends are embellished with open-ended extended beams,
decorative brackets, accent-colored fascia boards, or simulated shingles or siding.
In addition to the recreation areas discussed above, the multi-level residential buildings are designed
around smaller courtyards. The proposed plan offers three interior courtyard designs and three different
building entry designs in terms of paved surface materials, patterns, and landscaping. The courtyard or
entry turf areas vary from square, oval, round, or rectangular. Hardscape and walkways are textured or
colored concrete landscaped with canopy trees, flowering accents, and limited seating to provide a
peaceful and restful space within a high-density area.
A majority of the Multi-Family and Condominium Buildings provide parking for their tenants and owners
within parking structures. Generally every unit within these properties will have a minimum of one
covered parking space. The large senior podium building is built over parking so a portion of the senior
units will have covered parking. Carports for 147 cars designed in keeping with the architectural style of
the main senior building and the four easterly buildings will be provided directly adjacent or within close
walking distance to the units they serve.
In general, the exterior design, open space, and color schemes provide an interesting and attractive image
given the scale and density of this project.
Landscaping and Fencing
In accordance with the Site Development Review Ordinance, the applicant has provided a conceptual
landscape plan. The proposed plant palette has been reviewed by the City's landscape architect for
consistency with plant materials compatible with the climatic conditions in Dublin.
The most significant features of the landscape plan are the designs for the individual courtyards on the
Multi-Family and Condominium buildings. These courtyards have been designed to provide a formal open
space accessible from the adjacent travel way and the buildings themselves. The development pattern
proposed incorporates paved areas and walkways, seating areas and a series of canopy tress for shade and
accent trees for color. The individual plant palette for the shrubs and bushes will accent the structure and
provide softening of the lower floor plane. The Trees themselves will soften the building architecture
while providing visual backdrops for the courtyards themselves.
The entry drives at both Keegan and "Y" Street has been highly embellished with special pavement,
unique pavement patterns, landscaped medians and a hierarchy of trees and entry monuments.
The landscape features for the senior development include a formalized landscaped courtyard surrounded
by the four individual buildings located on the east side of the site. This courtyard also doubles as the
10
emergency vehicle access (EV A) through this portion of the project. The EV A is all but indistinguishable
due to the landscape architect's design for the pavement patterns and placement of plant materials. The
podium level of the main senior building incorporates a synthetic ball court, formal planting rows to create
canopied seating areas and a wheelchair accessible spa. A trellis is featured connecting the building wings.
There are two special recreational amenities, one for the Multi-Family project and another for the
Condominium property. These facilities are encompassed by the building mass and include a lap pool,
spa, children's play area, and open turf area and trellis structures. A leasing office/recreation room
building is included for each property and contains the restroom facilities and pool equipment.
Landscaping in these recreation areas is kept toward the perimeter to allow for maximum recreational
usage and to soften the building masses.
The streetscapes along the perimeters of Dublin Boulevard, Keegan Street and Central Parkway will be
continuations of the streetscapes already established for the Dublin Ranch Area G properties currently
underway. The Streetscape for "Y" Street will be consistent in pattern with the streetscape on Keegan,
however the tree type is proposed to be Chinese Elm, which is a consistent tree to the climatic conditions
in Dublin.
Generally, no real fencing is proposed for the project. In accordance with the requirements from the
Dublin Police, there will be fencing at the ground floor of the parking structures to prohibit direct access
across the landscaping from the parking structures to the ground floor units. The pedestrian bridges from
the parking garage to the units are unfenced but a solid railing is proposed. Additionally, where the open
patios are facing "Y" Street and Dublin Boulevard on both the Multi-Family and Condominium Units,
low 42 inch wrought iron fencing is proposed for separation of the private and public uses. Along Dublin
Boulevard, each courtyard is to be enclosed with a combination of low wrought iron fencing supported
with a series of stone pilasters consistent with the building materials and the other pilasters found
throughout Dublin Ranch. The fences will connect between building wings and walkways out to Dublin
Boulevard will be provided.
The overall landscape program for Fairway Ranch will serve to visually enhance the buildings, provide
the residents with much more landscaped open space than similar high-density projects and will be
consistent and in keeping with the high quality landscape environments created on similar projects in
Dublin.
Sound Attenuation
A mitigation measure contained in the Environmental Impact Report for the Eastern Dublin Specific Plan
requires sound studies for buildings abutting major arterials. As this project abuts both Central Parkway
and Dublin Boulevard, a sound study will be required for compliance with the mitigation measure.
Generally, normal residential construction with upgraded windows can adequately attenuate vehicular
noise for the interior structures. However, exterior open space areas require special considerations when
attenuation is necessary. It is anticipated that several of the open patios and balconies facing Dublin
Boulevard and possibly Central Parkway will require attenuations. The normal method of accomplishing
this is with the use of Plexiglas or tempered glass panels. The architect has allowed for this eventuality in
the design for the project. The Plexiglas or tempered glass panels allow for the residents views to be
uninterrupted and provides for an un-interrupted view of the project from off site.
Affordability
Inclusionary Zoning
The purpose of Inclusionary Zoning is to increase the number of residential units affordable to households
of very-low, low, and moderate incomes. In order to accomplish this goal, the City has adopted an
11
Inclusionary Zoning Ordinance (Attachment 9) that requires all new residential developments of 20 units
or more to provide 12.5% of total number of units as affordable. Of those 12.5% affordable units, the
Ordinance further requires that 30% be affordable to very-low incomes, 20% to low incomes, and 50% to
moderate incomes. The Ordinance defines the levels of affordability for very-low, low, and moderate
incomes as follows:
1. Very-low: incomes that do not exceed 50% of the area median income;
2. Low: incomes that are between 50% and 80% of the area median income; and,
3. Moderate: incomes that are between 80% and 120% of the area median income.
The Applicant proposes deeper affordability for the low income units; they would be available to
households with income between 50% to 60% of area median income, rather than 50% to 80%.
The Fairway Ranch project consists of 930 residential units of which 587 units would be affordable to
very-low, low, and moderate-income households. The project exceeds the requirements of the
Inclusionary Zoning Ordinance, and is intended to satisfy the affordable housing requirements for the
remainder of Dublin Ranch, by providing 63% of the total number of units as affordable.. Table 4
provides a breakdown of the distribution of affordable and market-rate units for the senior, multi-family
and condominium portions of the project. The affordable units are distributed evenly by floor and
throughout each project (Exhibit 1, Sheets A-3 to A-6, A-II & A-12, A-14 & A-15, A-19 to A-22, A-24
to A-27). For a breakdown of affordable and market-rate units by floor plan, see Exhibit 1, Applicant's
Written Statement, page 2 of 11.
TABLE 4
AFFORDABLE AND MARKET-RATE UNIT DISTRIBUTION
Senior A artments 64 (20%) 97 (30%) 131 (41%) 30 (9%) 322
Multi-Family 63 (20%) 90 (30%) 90 (30%) 61 (20%) 304
A artments
For-Sale o (0%) o (0%) 52 (17%) 252 (83%) 304
Condominiums
Total Units 127 187 273 343 930
Percenta e 14% 20% 29% 37% 100%
In exchange for providing affordable housing above and beyond what the Inclusionary Zoning Ordinance
requires, the Applicant has requested the Council create "affordable unit credits" for 332 of the affordable
units pursuant to Dublin Municipal Code Section 8.68.060. This number of "affordable unit credits"
would satisfy the Inclusionary Zoning Ordinance requirements for the Fairway Ranch project and for 2,655
units developed in the rest of Dublin Ranch. The developer will be providing an additional 162 affordable
units for which the developer has not requested "affordable unit credits." The developer has, however,
requested other benefits from the City in consideration of the provision of an additional 162 units. These
benefits to the developer include:
a. Concentration of affordable units on the project site contrary to the ordinance's provisions;
b. Reduced bedroom sizes for the affordable units;
c. Different affordable mix between very-low, low and moderate than required by the
ordinance;
d. A loan in the amount of $4.5 million (split between the multi-family and senior phases);
e. A waiver of possible commercial linkage fees for all future Dublin Ranch commercial
areas;
f. A reduction in required parking spaces; and
g. A reduction in minimum setback requirements.
12 "0 ~ '6
Density Bonus
The Fairway Ranch project proposes to construct a total of 930 units, which includes a Density Bonus
request of 186 units. As mentioned previously in this Staff Report, the 1997 LUDP/DPDP approved a total
of 744 units for this site (744+186=930). In order to qualify for a Density Bonus and one "concession"
pursuant to the City's Density Bonus Ordinance (Attachment 10), a project must provide one of the
following: 20% of the total units for lower income households, or 10% of the total units for very-low
income households, or 50% of the total units for senior citizens. A project that proposes both 20% low-
income units and 10% very low-income units qualifies for a density bonus and two "concessions."
The Fairway Ranch project proposes to provide 25% of the total units for low-income households
(189/744=.25) and 17% of the total units for very-low income households (127/744=.17) thereby
exceeding the minimum qualifications for a density bonus. In addition to being granted a Density Bonus
for providing affordable housing, the Applicant is thus entitled to two concessions and has requested the
following:
a. Mixed use zoning for 5,000 square feet of retail; and,
b. Expedited processing.
The retail use is allowed as a "concession" even though the property is zoned residential, pursuant to
Dublin Municipal Code Chapter 8.52.050.B. No rezoning is required for the retail use because of the
Density Bonus Ordinance.
Management
The senior rental and multi-family rental portions of the Fairway Ranch project are proposed to be
managed by Legacy Partners, a division of Lincoln Properties. There will be a one-bedroom/one-bath unit
reserved for an on-site manager in the Senior East and Senior West projects and a two-bedroom/one-bath
unit for an on-site manager in the multi-family project.
Development Agreements
One of the implementing measures of the Eastern Dublin Specific Plan is the requirement that the City
enter into a Development Agreement with developers in the plan area. The Development Agreement
provides security to the developer that the City will not change its zoning and other laws applicable to the
project for a specified period of time. The Development Agreement is one means the City has to ensure
that the goals of the Eastern Dublin Specific Plan are met. Development Agreements are reviewed by the
Planning Commission and recommended to the City Council for action.
There are four proposed Development Agreements between the City of Dublin and the Lins for the
Fairway Ranch project. These Agreements are attached as Exhibits A, B, C, and D of Attachment 2 to
this Staff Report. The agreements have been drafted to be with the three members of the Lin family who
have been the record owners of the property. However, staff has been informed that the Lins may have
transferred the property to an LLC (limited liability company); if this is the case, staff will revise th
agreements to reflect the name of the current owner(s) of the property prior to the July 15,2003 Council
meeting.
The Development Agreement (the "Fairway Ranch Development Agreement") labeled Exhibit A, is based
on the standard Development Agreement developed by the City Attorney and adopted by the City Council
for Eastern Dublin Projects and covers Parcels 1, 2, & 3, including provisions related to phasing,
affordable unit credits, and waiver of the commercial linkage fee. The remaining three Agreements
labeled Exhibits B, C, and D are specific to the respective phases or "components" of the project, the
senior phase, the multi-family phase and the condominium phase. It is anticipated that the three phases
will be owned by different developers and that these three development agreements will be assigned to
such developers.
13 0, ~
D
State law requires that there be three public hearings on Development Agreements. The purpose for the
hearing before the Planning Commission is to recommend approval of the Development Agreement to the
City Council.
The Agreement
The City Attorney drafted the proposed Development Agreements with input from City Staff,
representatives of the Lin's, and their attorneys. The Development Agreements set forth the agreement
between the parties in relation to many items, including, but not limited to, phasing, affordable unit
credits, and waiver of commercial linkage fees. The Development Agreements run with the land and the
rights there under can be assigned. The main points of the Development Agreements can be found in
Exhibits A, B, C, and D of Attachment 2 and are highlighted below:
Term: The Development Agreements becomes effective for a term of five years from the date they are
recorded. The developer can extend the term of the development agreements by up to five additional
years by notifying the City of its intent to extend the agreements and payment of $100,000 per year for
each additional year. Although the standard term for development agreements, such as these, that are
required by the Eastern Dublin Specific Plan is five years, in several instances where the project would
require more than five years to build out, the City has agreed to optional extensions upon payment of
$100,000 per year. (See section 4 of Exhibit A, Attachment 2)
SDR Approval: The Fairway Ranch Development Agreement provides that the SDR approval will
remain valid for five years. It also provides that if either the senior project or the multi-family project is
completed within five years, the SDR approval will be valid for ten years. (See section 4.2 of Exhibit A,
Attachment 2)
Phasing: The Fairway Ranch Development Agreement addresses phasing of the three components. It
requires the completion of either the senior project or the multi-family project before the developer can
construct the condominium project. This is because, as proposed, the condominium project does not
include enough affordable units by itself to meet the requirements of the Inclusionary Zoning ordinance.
However, the agreement does provide that if the developer wishes to construct the condominium project
first, the developer must enter into an agreement to provide the required number of affordable units as a
"stand alone" project.
The agreement also requires the developer to include affordable units in all phases of each project, if the
projects are constructed in phases. (See section 5.3.3 of Exhibit B, Attachment 2)
Affordability Levels: The Inclusionary Zoning Ordinance defines moderate, low and very-low income as
80% to 120% of the adjusted median income (AMI), 50% to 80% of AMI and 50% or below of AMI,
respectively. The applicant has proposed deeper affordability in the low-income category, proposing to
make those units available to households with income of 50% to 60% of the AMI. The Fairway Ranch
Development Agreement commits the applicant to the deeper affordability for the low-income units and
the affordable housing/regulatory agreement will require the low-income units be so restricted.
The Fairway Ranch Development Agreement allows the developer to satisfy the requirements for
moderate units with low or very-low units and to satisfy the requirement for low-income units with very-
low income units (see section 5.3.7.B(iii) of Exhibit B, Attachment 2). This provides the developer with
the flexibility to rent the units to households in a lower income category if the developer is unable to rent
units at the higher rents. It also allows the developer to commit to provide more very-low income units
voluntarily in order to make the project more attractive in the bond allocation process. It is staffs
14 D;'"__J:6
\....)
understanding that the Applicant intends to make this commitment in order to score more "points' in the
application process for an allocation of tax exempt private activity bonds.
Affordable Unit Credits: The Fairway Ranch Development Agreement provides for affordable unit
credits in Exhibit B, section 5.3.7.B. The agreement specifies that the first 93 affordable units are
required for the Fairway Ranch project (See section 5.3.7.B (iii) of Exhibit B, Attachment 2). It then
provides that "affordable unit credits" are earned for each Certificate of Occupancy issued for a building
containing affordable units until there are 332 "affordable unit credits." The 332 units will consist of 69
moderate-income units, 170 low-income units and 93 very-low income units. The developer can use the
"affordable unit credits" to satisfy the obligation on the remainder of Dublin Ranch for an additional 2,655
units (3,399 estimated total units remaining on Dublin Ranch minus 744 units for Fairway Ranch equals
2,655 x 12.5% = 331.8).
There is one exception to the time when "affordable unit credits" will be earned and that is for Dublin
Ranch Area F North. The Fairway Ranch Development Agreement provides some flexibility to the
developer for Dublin Ranch Area F North by not requiring the developer enter into an agreement ensuring
the affordable units will be provided at the time of tentative map approval, as would normally be required,
but deferring that requirement to building permit. However, the developer must have the required
"affordable unit credits" before building permits will be issued for any building in Area F North (See
section 5.3.7.B (vii) of Exhibit B, Attachment 2).
The agreement specifies that the City will use the existing Inclusionary Zoning Ordinance to determine the
number of units required for the remainder of Dublin Ranch, regardless of any changes in the Ordinance
in future years. Thus, it ensures that future projects on the rest of Dublin Ranch will be required to
provide 12.5% affordable housing, regardless of changes in the City's ordinance that may require a higher
or lower percentage of affordable units. The Fairway Ranch Development Agreement indicates the intent
of the City and the Lins to amend the Dublin Ranch Master Development Agreement, which was entered
into in 1999 for a 20-year period, to reflect the provisions of this agreement related to satisfaction of the
Inclusionary Zoning Ordinance's obligations once the Fairway Ranch project provides 332 "affordable
unit credits." Staffwill bring the amendment to the Master Development Agreement at a future meeting.
It also provides some flexibility to the developer to move forward with a project by allowing the
developer, if it has building permits for Fairway Ranch buildings that contain affordable units, to get an
"advance" of credits by posting a letter or credit or bond for the number of affordable units for which
developer has building permits. The security will be equal to the amount of the "in lieu" fee.
Finally, the agreement provides that credits will expire after 30 years, if not used.
Exemption from Commercial Linkage Fees: The Fairway Ranch development agreement provides that
if the entire Fairway Ranch project is completed and all 587 affordable units are constructed, the City will
exempt the property within Dublin Ranch that is currently zoned for commercial uses from any future
"commercial linkage fee" for 30 years. It provides that if any land uses are approved on the land subject to
the potential exemption prior to the time that all affordable units are constructed, the developer will pay
the commercial linkage fee and, once all 587 units are completed, the City will refund the fees previously
paid. Alternatively, if building permits have been issued for affordable units, a developer who would be
subject to the commercial linkage fee may provide a letter of credit in the amount of the fee, which will be
refunded if all the 587 units are completed. (See section 5.3.7.C of Exhibit B, Attachment 2)
".;,
15 lh~-- ,.
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PLANNING COMMISSION ACTION:
At the June 24, 2003, Planning Commission meeting, Staff presented the proposed Fairway Ranch
application, which included a Tentative Tract Map, Site Development Review, Density Bonus, and four
Development Agreements (Attachment 6). The Planning Commission adopted a Resolution, unanimously
approving Tentative Tract Map 7453 for the subdivision of one 152 acre parcel into 4 parcels with
Fairway Ranch to be developed on Parcels 1,2, and 3 for a total of24.78 acres (Attachment 3). Parcel 4
is the remaining 127.3 acres and is not part of this application.
On the Site Development Review and Density Bonus request, the Planning Commission adopted a
Resolution, by a 3-1-1 vote, with one Commissioner being absent, referring their decision-making
authority to the City Council (Attachment 4). Included in their motion to adopt the Resolution was a
strong recommendation by one or more Commissioners that the City Council address the following issues:
1) Alternative site layouts should be considered, specifically re-evaluating the layout of the Senior
East project to reduce the amount of surface parking. One of the Planning Commissioners felt that
this layout created a feeling that this was an office-building parking lot.
2) To what extent underground parking would make the project unfeasible.
3) The durability ofthe types.ofbuilding materials used.
4) The quality of the management company overseeing Fairway Ranch.
5) The installation of wrought iron fencing along Dublin Boulevard. One of the Planning
Commissioners would like to see the courtyards along Dublin Boulevard remain open and inviting
rather than separating them from Dublin Boulevard with a wrought iron fence as recommended by
Police Services in order to create defensible space and a safer environment for the residents of
F airway Ranch.
6) Ensure that the architectural details proposed are executed and remain consistent with the
Craftsman style of architecture.
The one noe vote was in full support of the project and supported referring the decision-making authority
to the City Council, but was not concerned about the six issues raised by one or more of the other
Commissioners.
Lastly, the Planning Commission adopted a Resolution unanimously recommending the City Council
approve four Development Agreements (Attachment 5).
The Planning Commission Meeting minutes (Attachment 7) are currently being prepared by Staff and a
draft will be provided to the Council prior to the meeting of July 1,2003.
ENVIRONMENTAL ANALYSIS:
The project is located within the Eastern Dublin Specific Plan area, which was the subject of an
Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH #
91103064), certified by the City Council in Resolution No. 51-93 and Addenda dated May 4, 1993 and
August 22, 1994. The General Plan Amendment/Specific Plan EIR is a program EIR, which anticipated
several subsequent actions related to future development in Eastern Dublin. The EIR did identify some
impacts from implementation of the General Plan Amendment/Specific Plan that could not be mitigated.
Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts.
The City also adopted a mitigation-monitoring program, which included numerous measures intended to
reduce impacts from the development of the Eastern Dublin area.
16
In 1997, a Negative Declaration was approved by the City Council in Resolution No. 140-97 for the
Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fairway Ranch site.
After completing an Initial Study, it was determined that the rezoning would not have any significant
environmental impacts which were not already adequately described and analyzed in the Program EIR.
Government Code section 65457 provides that any residential project that is consistent with a specific
plan for which an EIR has been certified is exempt from CEQA, unless a supplemental EIR is required.
The City prepared an Initial Study, dated June 2003, for the project to determine whether there will be
supplemental environmental impacts occurring as a result of this project beyond or different from those
already addressed in the Program EIR and the 1997 Negative Declaration. The Initial Study has resulted
in the conclusion that the proposed project could not have a significant effect on the environment.
No further environmental document will be prepared because the environmental impacts of this project
were fully addressed by the final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and
subsequent Addenda, and the 1997 Negative Declaration. No significant new information has arisen for
this project during the preparation of this Initial Study that would require further environmental review. A
finding will therefore be included in the resolution prepared for the Council to approve the SDR, finding
the project exempt on the basis of section 65457.
CONCLUSION:
This application has been reviewed by applicable City departments and agencies and their comments have
been incorporated into the Tentative Tract Map and Site Development Review/Density Bonus. The
proposed project is consistent with the Dublin General Plan and Eastern Dublin Specific Plan, and
Planned Development District and Land Use and Development Plan/District Planned Development Plan
(LUDP/DPDP) and represents an appropriate project for the site.
RECOMMENDATION:
Staff recommends that the City Council open the Public Hearing and receive Staffs presentation; take
testimony from the Applicant and the Public; question Staff, Applicant and the Public; close the Public
Hearing and deliberate; and, approve the following:
1. Adopt Resolution (Attachment 1) approving Site Development Review and Density Bonus.
2. Waive the reading and introduce the Ordinance (Attachment 2) approving four
Development Agreements.
3. Continue the agenda item to the July 15th City Council meeting to consider adoption ofthe
Ordinance approving the Development Agreements.
17
GENERAL INFORMATION:
APPLICANT/
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
GENERAL PLAN
DESIGNATION:
SPECIFIC PLAN
DESIGNATION:
Dublin Land Holdings, LLC
Mr. James Tong
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Assessor Parcel Number 985-0027-001
(Between Dublin Boulevard and Central Parkway, East of Keegan
Street)
Planned Development
High Density Residential (25.1 + units/acre)
Eastern Dublin Specific Plan
18 ~~, l
'l)
.'
F AIRW A Y RANCH RESIDENTIAL COMMUNITY
DUBLIN RANCH-AREA B
Apartment/Condominium Buildings, Recreation Facilities &
Community/Neighborhood Landscaping
Site Development Review
Written Statement
The following findings and responses relate directly to the specific questions listed under the
written statement section of the City of Dublin's application submittal requirements.
A. What type of business, activity or use are you proposing?
In November 1997, the City of Dublin approved a P.D. Rezone for Area B of Dublin Ranch
(P A 96-039) which includes the proposed project site. Based on the PD approval, the site
was designated for high-density residential uses that allow for multi-story, attached unit
dwellings such as apartment and condominiums. The Fairway Ranch development proposal
includes 930 residential units (626 apartments and 304 condominiums), consisting of 322
senior apartment units, 304 non-senior apartment units and 304 condominiums as well as
ancillary recreational, management and retail uses. Further details on the unit breakdown are
included in the table on the following page. The project site is located between Dublin
Boulevard and Central Parkway and immediately east of Keegan Street. The parcel is
generally rectangular in shape and contains a total of 24.5 gross acres (19.4 net acres). Based
on the 930 units proposed, this translates into a net density of 48 units/acre and gross density
of 38 units/acre.
Specific approvals requested from the City of Dublin for this project include a tentative tract
map, development agreement, site development preview application and density bonus
approval (per the City of Dublin's Affordable Housing Ordinance and Section 65915 of the
California Government Code).
The overall project proposal includes both family and senior apartment units as well as for
sale condominium units. The project contains a significant affordable component, exceeding
the requirements of Dublin's Affordable Housing Ordinance. Specific details of proposed
housing types by building are included in the following breakdown.
Page 1 of 11 . Site Development Review - Project Description
Fairwav Ranch Residential Community . June. 2003
UNIT TABULATION
FAIRWAY RANCH RESIDENTIAL COMMUNITY
Phase 1 - Familv Apartments
Unit Type Plan Type VLI LI Mod Market # of Units
1/1 A 31 34 3 68
1/1 8 36 36
1/1 82 24 24
2/1 C 32 8 40
2/2 C2 1 42 1 44
2/2 D 36 36
3/2 E 47 9 56
TOT ALS 63 90 90 61 304*
Phase II - Senior Apartments
Bldgs. A2-A5 (East):
Unit Type Plan Type VLI LI Mod Market # of Units
1/1 F 32 23 1 56
1/1 F2 55 1 56
2/1 G 28 28
2/2 G2 28 28
TOTALS 32 51 83 2 168*
Bldg. A 1 (West):
Unit Type Plan Type VLI LI Mod Market # of Units
1/1 F 32 14 46
1/1 F2 24 24
2/1 G 32 32
2/2 G2 48 4 52
TOTALS 32 46 48 28 154**
Phase III - For Sale/Condo Units
Unit Type Plan Type VLI LI Mod Market # of Units
1/1 A 68 68
1/1 8 36 36
1/1 82 18 6 24
2/1 C 12 28 40
2/2 C2 44 44
2/2 D 15 21 36
3/2 E 7 49 56
TOTALS 0 0 52 252 304
Page 2 of 11 . Site Development Review - Project Description
Fairway Ranch Residential Conununity . June. 2003
Notes: VLI - Very Low Income Units
LI - Low Income Units
Mod - Moderate Income Units
Market - Market Rate Units
* Total includes one - ] bedroom/] bath apartment unit for on-site manager in each
of the senior east and west complexes.
**Total includes one - 2 bedroom/] bath unit for on-site apartment manager in
family apartment building.
Approximately 5000 square feet of on-site retail space to primarily serve residents will be
included in the project. The retail space will be located on the first floor of the family
apartment building and will be generally oriented to Keegan Street as well as the east/west
roadway through the site.
Additional on-site amenities will be provided for each building including swimming pools,
spas, clubhouses to accommodate a full range of indoor recreational activities, tot lots and
other designated areas for child play, and exterior courtyard areas for passive activities.
Within the senior and family apartment complexes, apartment units will be provided for on-
site managers. Specifically, this will include designating a one-bedroom apartment in each
of the east and west seniors buildings as well as one two-bedroom unit in the family
apartment building. A determination will be made at a later date as to which specific units
are designated as manager apartments.
In addition, a shuttle service will be provided for Fairway Ranch residents that will operate
on a fixed schedule and route, providing predictable and reliable service for the residents 7
days per week. During weekday commute hours, the shuttle will provide transportation to
the Pleasanton BART station, ACE train station, and selected business parks and/or other
employment locations as dictated by the needs of the residents. During the day and evening
non-commute hours and on weekends, the shuttle will provide transportation to local
shopping centers, medical facilities (including ValleyCare Hospital and medical offices),
recreational areas and other destinations. The actual route and schedule will be tailored to
the needs of the residents.
The Developer will either acquire or arrange for the operation of the shuttle directly, or
contract with a local transportation agency to provide this service. If the Developer operates
the service, the shuttle will be parked on site when it is not in service. Resident demand will
determine the number and the size of the vehicles needed.
Page 3 of 11 . Site Development Review - Project Description
Fairwav Ranch Residential Community . June. 2003
B. How many employees will you have or propose to have?
Each housing component (seniors apartments, family apartments and for sale condominiums)
within Fairway Ranch will have approximately six employees, of which three will be office-
related employees and the balance will be maintenance staff. Also, there will be some
additional employees associated with the retail uses in the family apartment complex. The
senior and family apartment buildings will also have their own on-site manager.
C. What are the proposed hours and days of operation?
Some level of on-site staffing for each building will be available 24 hours per day. It is
anticipated that the offices will be open to serve residents seven days per week. The hours
of operation are tentatively planned from 9-6 on weekdays and 10-5 on Saturday and Sunday.
D. Will your business, activity or use target a specific segment of the community?
There is no specific community segment that will be targeted for the market rate units.
However, those units will provide housing options for both families and seniors. With
respect to the affordable units, the project will target that segment of the community as
identified in the City's Affordable Housing Ordinance. A wide range of attached housing
alternatives will be provided within this residential community including three levels of
affordable units for very low, low and moderate-income households as well as market rate
apartments and for sale units. In addition, approximately one third of the total units (322
units) will be senior restricted units. These units will be specifically restricted to occupancy
by senior households with residents age 55 or older.
E. In what ways will your business, activity or use benefit the community?
The proposed project will provide much needed affordable housing within the City of Dublin
for both families as well as seniors. The project will provide 162 units in excess of those
required under the City's Affordable Housing Ordinance. The developer will directly build
all of the affordable units rather than pay a fee to the City to satisfy a portion of the
inc1usionary housing requirement, thereby providing earlier delivery of the affordable units
than if the City had to find sites and interested developers. The affordable units will address
all income levels (very low, low and moderate) of affordability, and provide more housing
for households with incomes at the lower end of the low income range than would otherwise
be provided pursuant to the City's Affordable Housing Ordinance. Units for all of these
various age groups and income levels will be integrated into a single community to create
a diverse living environment.
Page 4 of 11 . Site Development Review - Project Description
Fairwav Rauch Residential Community . June, 2003
F. Are there any ways in which your business, activity or use may disrupt the peace of the
surrounding residents or businesses?
As the Fairway Ranch project is primarily a residential community, it is not anticipated that
on-site activities would be a disruption to surrounding land uses. Uses to the west include
high density and medium high-density residential communities which are currently under
construction as well as a neighborhood park. These adjacent residential communities will
be compatible with the proposed project in terms of their physical scale, project operations
and potential noise and visual impacts. Lands south of Dublin Boulevard are slated for
future campus office uses. Surrounding lands to the east and north of the project site are
currently vacant but are designated for future medium density residential uses. Retail uses
included within the Fairway Ranch Community are primarily intended to serve residents and
would not have extended hours of operation. Delivery locations and hours for these uses
would be regulated in accordance with City ordinances.
G. Are there any ways in which your business, activity or use have a negative effect on the
health or safety of persons residing or working in the vicinity, or be detrimental to the
public health, safety or general welfare.
The design of this project and its improvements will comply with all applicable City codes
and ordinances pertaining to its design, construction and operation. It is not anticipated that
it will create public health problems as no land uses or activities requiring the use or
manufacturing of toxic materials are planned to occur on site.
H. Will your business, activity or use create any negative impacts on property, transportation
systems or existing improvements in the neighborhood?
The proposed project is envisioned as a self-contained residential community with various
recreational facilities and retail services as well as on-site staff. As such, it is envisioned that
many of the services required by project residents will be provided on site that will minimize
the number of resident trips to and from the project. A regularly scheduled shuttle service
providing transportation for the project's residents to local public transportation (eg, BART,
ACE train station), employment centers, services and recreational opportunities will further
reduce the number of resident trips to and from the project. Specific project-related traffic
impacts on the local transportation system as well as within Eastern Dublin have been
identified in the traffic study prepared by TJKM for this project. The trip generation
characteristics of the proposed project were identified, analyzed in relation to the high-
density residential land use designation on this site based on the Areas B-E PD approval and
determined to be comparable. Based on this analysis, it is not anticipated that traffic
generated by the proposed project will have a negative impact on the existing or future
transportation system.
Page 5 of 11 . Site Development Review - Project Description
Fairwav Ranch Residential Community . .Tune. 2003
Infrastructure to be serve this site has previously been constructed as part of the Dublin
Ranch - Area G development. Connections to existing roadways and utility systems to serve
Fairway Ranch can be made at Dublin Boulevard, Keegan Street and Central Parkway.
Although there may be some short term impacts from construction traffic, no major
infrastructure will need to be extended to the project site that would be disruptive or have
other negative impacts on surrounding neighborhood properties.
1. Describe how the design of the project including site layout, structures, vehicular access,
circulation and parking etc will provide a desirable environment for the future
development.
Site Layout/Structures:
The Fairway Ranch project within Dublin Ranch - Area B is a diverse high-density
residential community with four distinct residential structures. Two separate residential
complexes for seniors are sited in the northern portion of the project area and contain a total
of 322 residential apartment units. The western building (Building AI) is a four-story
podium with four levels of units containing 154 apartments over one level of subterranean
parking. A clubhouse facility including a spa as well as a landscaped courtyard area for
outdoor activities will located at the first floor level over the podium. This facility will be
shared with the eastern seniors rental community. Primary access for residents and
visitors/guests will be at the southern end of the building at the podium level.
The eastern portion of the senior apartment complex (Buildings A2-A5) is comprised of four
separate structures containing a total of 168 units sited in a "pinwheel" arrangement around
a central courtyard area. Two of the buildings are designed as four story structures and two
of them will be three story structures. All parking for these buildings will be on grade
surface spaces generally surrounding the building cluster and along the Finnian Way
extension through the site. Carports will be provided for 147 of the 199 total surface spaces
serving Buildings A2-A5.
The central building complex is planned for 304 family apartment units. All of the buildings
will be four story structures which are designed to surround a four story parking structure.
Direct access from the parking structure to the units will be provided at each level by means
of a series of tower structures and pedestrian bridges between the garage and the residential
buildings. Based on this concept, the buildings will front the surrounding streets (Keegan
Street and "Y" Street) and effectively screen the garage from view. The various building
sections are designed to be linked together architecturally and include a number of building
wings that create a series of open courtyards which are enclosed on three sides. At the
northwest corner of the building approximately 5000 square feet of retail space to primarily
serve residents is planned for the first floor. These uses would be accessible and visible from
Page 6 of 11 . Site Development Review - Project Description
Fairwav Ranch Residential Community . June. 2003
PARKING TABULATION
FAIRWAY RANCH RESIDENTIAL COMMUNITY
DUBLIN RANCH
Units Spaces Provided Ratio (sP./d.u.)
Family Apt. Community Structured Spaces 476 1.57
On-Site Surface Spaces 10
On-Street Spaces 13
304 499 1.64
Senior Rental Community - Structured Spaces 0
Buildings A2-A5 (East)
On-Site Surface Spaces 185
On-Street Spaces 14
168 199 1.19
Senior Rental Community- Structured Spaces 129
Building A 1 (West)
On-Site Surface Spaces 21
On-Street Spaces 17
Joint Use Spaces (Retail) 11
154 178 1.16
Condominium Units Structured Spaces 550 1.81
On-Site Surface Spaces 11
On-Street Spaces 16
304 577 1.90
TOTAL 930 1453 1.56 ave.
]. Is the site physically suitable for the type and intensity of development proposed?
This site is physically suitable to accommodate the type of high-density residential
development and ancillary uses as proposed and has been designated for the proposed type
of development use per the Areas B - E PD Rezone approval.
K. Describe how the proposed development may impact views.
The project site is not within any of the scenic corridor zones as defined in the Eastern
Dublin Scenic Corridor Policies and Standards. However, this area falls under the Eastern
Dublin Specific Plan policies protecting visually sensitive ridgelands within Eastern Dublin.
Exhibits produced as part of that study effort accurately showed what a viewer would see
Page 8 of 11 . Site Development Review - Project Description
Fairway Ranch Residential Community. June. 2003
both Keegan Street and the proposed westerly extension of Finnian Way through the site.
Adjacent to Keegan Street a larger open courtyard area including a clubhouse facility,
outdoor swimming pool, spa and tot lot is planned.
At the southern end of the project, a 304-unit condominium building is planned to front on
Dublin Boulevard, Keegan Street and "Y" Street. This building is designed to essentially be
a mirror image of the family apartment complex, with the exception of the internal retail
space. In addition, the parking structure for this building is planned to be five stories as these
units are for sale units which presumably have a greater demand for parking spaces.
Vehicular Access/Circulation:
Vehicular access to all of the buildings within the Fairway Ranch project will be from either
Keegan Street or "Y" Street. No access from either Dublin Boulevard or Central Parkway
is planned due to City requirements for intersection spacing along arterial streets as well as
grade restrictions, particularly adjacent to Central Parkway.
Two east/west private roadways are proposed to be constructed through the project site
between Keegan Street and "Y" Street to provide key entry/exit points for the various
buildings as well as to meet fire/emergency access requirements for the project. These
roadways are the easterly extension of Finnian Way and Maguire Way and effectively
provide a physical separation between the seniors apartments and family apartment building
as well as the family apartments and condominiums respectively. The primary entry and exit
for the condominium and family apartment buildings will be from Keegan with a secondary
entry /exit located on "Y" Street. It is anticipated that the primary entry/exit to the west
seniors building and the east seniors building complex will be from Keegan and "Y" Street
respectively.
Parking:
In response to City staff requests, TJKM has undertaken a parking study to determine the
required number of parking spaces for each of the residential components of the Fairway
Ranch project. This analysis included surveying parking supply and demand at a number of
projects in the area with similar resident characteristics in terms of unit mix, afford ability and
number of units. Based on the work undertaken by TJKM, the City determined that a total
of 490 spaces would be required for the family apartments, 366 spaces for the senior
apartments, and 571 spaces for the condominiums. This requirement has been met per the
proposed site plan.
The following table depicts the number parking spaces shown on the site plans for each of
the Fairway Ranch residential buildings. More detailed representations of the locations and
type of these spaces are included on the parking plan and parking garage plan exhibits in the
site development review drawing package.
Page 7 of 11 . Site Development Review - Project Description
Fairwav Ranch Residential Community . June. 2003
along specific sight lines and at several viewpoints. Proposed grading areas and limits of
development were also identified. These exhibits showed what portions of the development
area would be visible from each viewpoint, what areas would be hidden by existing land
forms to be retained and what portions of the visually sensitive ridgelands would be visible
under proposed conditions. It was determined from these exhibits that the sensitive
ridgelands would be protected.
The Fairway Ranch site is situated in the flatter portions of the Dublin Ranch community.
Previous viewshed analysis studies done in conjunction with the Areas B-E PD Rezone
approval (P A 96-039) determined that development within that area would not specifically
impact views of the surrounding ridgelands.
L. Describe the physical characteristics of the site including existing slopes and topographic
features.
The Project Area is open grassland with no existing structures or active land uses. The site
is generally rectangular in shape and is comprised of two distinct topographic areas that
generally slope from north to south. The northern third of the site is more steeply sloping
with an approximate elevation drop of 40-50 feet from the proposed location of Central
Parkway to the northern proposed east/west roadway through the site. Average existing
slope across this portion of the Project Area is typically four to eight percent. The balance
of the site is flatter with average cross slopes in the one to two per cent range.
To the west, Keegan Street has been constructed as a collector street, with a four-lane section
between Dublin Boulevard and Maguire Way and two-lane section between Maguire and
Central Parkway at the northern end. The remaining streets encircling the project site have
not yet been constructed. To the south, Dublin Boulevard is planned as a six-lane arterial
and Central Parkway is planned as four-lane arterial along the northern boundary. The City
has not yet designated the classification or specific location for "Y" Street on the eastern
boundary; however, it is assumed that it will be a two-lane residential collector street.
The recently approved Army Corps of Engineers permit for the balance of the Dublin Ranch
holdings and its associated mitigation requirements cover the project site. The permit
specifically addresses mitigation for all existing on site environmental features and allows
the proposed development to proceed.
Page 9 of 11 . Site Development Review - Project Description
Fairwav Ranch Residential Community . June, 2003
M. Describe the architectural design/theme of the development including character, scale and
quality of the design, and explain how the project will relate to and be compatible with the
existing site and the character of adjacent buildings, neighborhoods and uses.
The architecture of Fairway Ranch Community has been designed to sensitively integrate the
residential buildings with the surrounding landscape. Executed in the "Craftsman Style", the
proposed buildings will exhibit the warm colors, rustic textures, and simple formal elements
indicative of this early California aesthetic. Characterized by low-slung roofs and long, wide
fa<;ades, Craftsman buildings are of a human scale by their very nature.
The proposed buildings have been designed to incorporate a multitude of three-sided exterior
courtyards. These courtyards provide for an active relationship between the residents and
the outdoor environment. The open-ended nature of the courtyards creates a softer edge to
the development while enlivening the streetscape with views into these lush exterior spaces.
The passer-by will be able to enjoy the distinct character of each open court, thus further
integrating the project into the surrounding community.
Much of the parking on-site will be provided in above-grade and semi-subterranean garages.
The formal composition of the architecture has been carefully planned to mask these garages
from the perimeter of the site. Two large, above-grade parking structures have been
surrounded by the softer forms of the residential buildings. This layout not only provided
convenient access for the residents, but also seeks to conceal the utilitarian nature of the
parking garage.
N. Describe how the landscape features have been designed so as to ensure visual relief and
an attractive environment for the pubic.
The landscape for the Fairway Ranch residential community has been designed to implement
and enhance the previously established Area G Design Development Guidelines for
landscaping and streetscape improvements within the public rights-of way in Dublin Ranch.
This includes staggered rows of street trees that will be installed on three frontages according
to these guidelines, except where minor modifications are required for fire truck access.
Although "Y" Street is not covered in the guidelines, it is planned to be landscaped with a
continuous row of street trees. Parking lots for the seniors apartment complex at the corner
of "Y" Street and Central Parkway are to be screened with large evergreen conifers (Deodor
Cedars). Along the Dublin Boulevard frontage there are three large new landscaped
courtyards that will have transparent view fencing open to the street. The courtyards will add
significant green areas to the Dublin Blvd. streetscape. Adjacent to Keegan Street, two large
recreation areas will be developed for both the family apartments and the condominiums so
that two new clubhouses framed by trees and shrubs will front onto the public right-of-way.
Page 10 of 11 . Site Development Review - Project Description
Fairwav Ranch Residential Community . June. 2003
Within these courtyards, which will be fenced but visually open to the street, each will have
a pool, spa, lawn areas and tot lot.
The landscaping within the interior of the site has also been designed to reinforce and
improve the inherent characteristics of the site. Five additional courtyards located within the
interior of the site have been designed with no perimeter fencing so that they will be
completely open. The design concept for each of these courtyards differs in both character
and planting. Mixed flowering and evergreen trees are provided along all interior streets and
parking areas. Where fire truck access is required, approximately one half the width of the
20' fire lane will be installed with grass rings filled with turf. Where parking garages or
large masonry walls occur, they are proposed to be screened with planting. Site entries will
be marked with special landscaping, flowering trees, signage and low walls.
o. Is the proposed project located on a hazardous waste and substances site? (A list is of
these sites is available in the Planning Department).
A Phase 2 site assessment of Areas B-E (including the Project Site) has been conducted by
Berlogar Geotechnical Consultants to determine the presence of anyon-site hazardous waste
and substance sites. The findings of this study indicate that no problem sites were found. In
addition, an environmental records search was previously conducted by Berlogar
Geotechnical Consultants for the Dublin Ranch - Phase I project site to determine if the site
was included on a list of hazardous waste and substance areas. The results of this search
indicated that no property within a two mile radius of Dublin Ranch-Phase I (which includes
lands within the Project Area) are listed as a hazardous site, hazardous material generator or
transporter, or known to have underground storage tank leaks.
Page 11 of 11 . Site Development Review - Project Description
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING SITE DEVELOPMENT REVIEW AND DENSITY BONUS
FOR PA 03-010, FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY
WHEREAS, Dublin Ranch Holdings, LLC has requested approval of Site Development Review and a
Density Bonus for PA 03-010, Fairway Ranch Affordable Housing Community, on approximately 24.78 gross
acres (19.68 net acres) of land located in Dublin Ranch Area B, within the Eastern Dublin Specific Plan, between
Dublin Boulevard and Central Parkway, East of Keegan Street (APN 985-0027-001) for the development of 930
residential dwelling units on three parcels ofIand, of which 322 are senior rental units, 304 are multi-family rental
units, and 304 are for-sale condominiums; and,
WHEREAS, of the 322 senior rental units, 292 units shall be affordable to very-low, low, and moderate
income households; and of the 304 multi-family rental units, 243 units shall be affordable to very-low, low, and
moderate income households; and of the 304 for-sale condominiums, 52 units shall be affordable to moderate
income households; and
WHEREAS, of the 292 affordable senior rental units, 64 units shall be restricted to very-low income
households, 97 units shall be restricted to low income households, and 131 units shall be restricted to moderate
income households all for a period of 55 years; and
WHEREAS, of the 243 affordable multi-family rental units, 63 units shall be restricted to very-low
income households, 90 units shall be restricted to low income households, and 90 units shall be restricted to
moderate income households all for a period of 55 years; and
WHEREAS, of the 52 affordable for-sale condominiums, all 52 units shall be restricted to moderate
income households all for a period of 55 years; and
WHEREAS, the Applicant/Developer has submitted a complete application for a Site Development
Review and a Density Bonus dated June 9, 2003 and on file in the Community Development Department, Planning
Division for approval of development of 930 residential dwelling units on three parcels of land, of which 322 are
senior rental units, 304 are multi-family rental units, and 304 are for-sale condominiums as more specifically
described in the preceding four "whereas" clauses (collectively, referred to as the "Project"); and,
WHEREAS, to comply with the City of Dublin Inclusionary Zoning Ordinance (Dublin Municipal Code
Chapter 8.68), 93 affordable units are required to be affordable for 55 years as follows: for the multi-family rental
portion, 31 units; for the senior portion, 32 units; and for the condominium portion, 30 units; and, the affordable
units within each portion are to be allocated as follows: 50% of which would be moderate-income units, 30% of
which would be very-low income units and 20% of which would be low income units; and
WHEREAS, the Applicant/Developer proposes to provide an additional 332 units to remain affordable for
a period of 55 years in order to obtain affordable housing credits pursuant to Dublin Municipal Code (DMC)
Chapter 8.68.060 and seeks Council approval to use such credits to satisfy the Inclusionary Zoning requirements
for 2,655 future residential units within Dublin Ranch notwithstanding the fact that the units for which the
Applicant/Developer would receive such credits are generally smaller in size than the affordable units which would
be required for the 2,655 future residential units in Dublin Ranch and do not meet the allocation of affordable units
between moderate, low and very-low income households contained in DMC Chapter 8.68.060; and
ATTACHMENT'
WHEREAS, the Applicant/Developer proposes to provide an additional 162 units affordable for a period
of 55 years for which the Applicant/Developer would not receive credits under DMC Chapter 8.68.060 but for
which the City Council would provide certain benefits, including the concentration of affordable units on the
Project site, reduced bedroom sizes for the affordable units, different affordable mix between very-low, low and
moderate, a loan in the amount of $4.5 million (split between the multi-family and senior phases), and a waiver of
possible commercial linkage fees; and
WHEREAS, the Applicant has requested that the Council find, pursuant to DMC Section 8.68.040.E, that
the Project as proposed meets the purposes of the Inclusionary Zoning Regulations and that the Council partially
waive the requirements of the Inclusionary Zoning Regulations to the extent that the Project, as proposed, is
inconsistent with such Regulations; and
WHEREAS, the ApplicantlDeveloper also proposes a Density Bonus of 186 units pursuant to DMC
Chapter 8.52 and proposes that 68 density bonus units will be located in the senior portion, 59 density bonus units
in the multi-family portion, and 59 density bonus units in the for-sale condominium portion, thereby increasing the
total density on the site from 744 units, which is the maximum permitted density pursuant to PA 96-039, Dublin
Ranch Areas B-E Planned Development District and Land Use and Development PlanlDistrict Planned
Development Plan, to 930 units; and
WHEREAS, to be entitled to a Density Bonus and two concessions pursuant to DMC Chapter 8.52 and
state law (Government Code Section 65915), the ApplicantlDeveloper has to agree to construct at least 20% (149)
of the units for low income households and 10% (74) of the units for very low income households, for a total of
223 low and very low income units, and such units must be affordable for 30 years at rents of 30% of 60% of area
median income for low income units and 30% of 50% of area median income for very-low income units; and
WHEREAS, the Applicant/Developer has requested the following concessions under the Density Bonus
ordinance (DMC Chapter 8.52), mixed use zoning for 5,000 square feet of retail, and expedited processing; and
WHEREAS, the Applicant/Developer has requested the Council to count the affordable units required by
the Inclusionary Zoning Ordinance and the 332 units for which the ApplicantlDeveloper is requesting credits to
qualify for a density bonus; and
WHEREAS, Pursuant to the California Environmental Quality Act, the City Council finds
the Project exempt from CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with a specific plan. This finding is based on a determination that there are no supplemental impacts
that would require preparation of a Supplemental EIR, as further documented in the Initial Study prepared by the
City, dated June 2003 and incorporated herein by reference. The Initial Study found that the environmental
impacts of the Project were addressed by the Negative Declaration approved by the City Council in Resolution No.
140-97 for the Planning Development Rezoning for 453 acres of Dublin Ranch which includes the Property and the
Project and by the Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific
Plan (SCH 91103064) which was certified by the Council in Resolution No. 51-93 and the Addenda dated May 4,
1993 and August 22, 1994; and
WHEREAS, the decision making authority for Site Development Review applications typically lies with
the Planning Commission; and
WHEREAS, the City of Dublin Zoning Ordinance, Section 8.96.020.C.1-6 allows the Planning
Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications,
unique or unusual circumstances, or the magnitude of the Project; and
WHEREAS, a Staff Report was submitted to the Planning Commission on June 24, 2003 recommending
referral of said application to the City Council; and,
2
WHEREAS, the Planning Commission did hold a public hearing on said application; and,
WHEREAS, proper notice of said hearing was given in all respects as required by law; and,
WHEREAS, the Planning Commission adopted a Resolution referring the approval, conditional approval,
or denial of application PA 03-010, Fairway Ranch Site Development Review and Density Bonus related
amendments, and time extensions of permits to the City Council; and
WHEREAS, a Staff Report was submitted to the City Council on July 1,2003 recommending approval of
said application; and,
WHEREAS, the City Council did hold a public hearing on said application; and,
WHEREAS, proper notice of said hearing was given in all respects as required by law; and,
WHEREAS, the City Council did hear and use their independent judgment and considered all said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby
make the following findings and determinations regarding the proposed Site Development Review and Density
Bonus:
1. The approval of this application (P A 03-0 I 0), as conditioned, is consistent with the intent/purpose
of Section 8.104 (Site Development Review) and Section 8.54 (Density Bonus Regulations) of the
Dublin Zoning Ordinance and design review requirements of the Eastern Dublin Specific Plan.
2. The approval of this application, as conditioned, complies with the policies of the General Plan,
with the Eastern Dublin Specific Plan and with Planned Development Regulations for the site
which would allow high density housing at this location.
3. The approval of this application, as conditioned, is in conformance with regional transportation
and growth management plans.
4. The approval of this application, as conditioned, is in the best interests of the public health, safety
and general welfare as the development is consistent with all laws and ordinances and implements
the Eastern Dublin Specific Plan.
5. The proposed physical site development, including the intensity of development, site layout,
grading, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar
elements, as conditioned, has been designed to provide a desirable environment for the
development.
6. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, signs, building materials and colors,
screening of exterior appurtenances, exterior lighting and similar elements have been incorporated
into the Project and as conditions of approval in order to insure compatibility of this development
with the development's design concept or theme and the character of surrounding development.
7. Landscape considerations, including the locations, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to insure visual relief and an
attractive environment for the public.
3
8. The Project, as conditioned, qualifies for a density bonus of 186 units because more than 5
dwelling units will be provided and more than 20% of the proposed units will be restricted for low
income households, and more than 10% of the proposed units will be restricted for very-low
income households for 30 years in accordance with Dublin Municipal Code Chapter 8.52 by the
conditions of approval for this Site Development Review. The density bonus units will be located
as follows: 68 density bonus units will be located in the senior portion, 59 density bonus units in
the multi-family portion, and 59 density bonus units in the for-sale condominium portion, thereby
increasing the total density on the site from 744 units, which is the maximum permitted density
pursuant to PA 96-039, Dublin Ranch Areas B-E Planned Development District and Land Use and
Development PlanlDistrict Planned Development Plan, to 930 units.
9. The Project, as conditioned, complies with the City of Dublin Inc1usionary Zoning Ordinance
(Dublin Municipal Code Chapter 8.68) for the 24.78 acre site on which it will be constructed
(APN 985-0027-001) in that a minimum of 93 affordable units (with 50% of the 93 units being
affordable for moderate income households, 20% of the 93 units being affordable to low income
households and 30% of the 93 units being affordable to very-low income households), are required
to be affordable for 55 years on all three parcels or, if the Condominium portion is constructed
before completion of either of the senior or multi-family phases, the developer will be required to
provide the required number of Inc1usionary units in accordance with DMC Chapter 8.68 in the
condominium portion.
10. The Applicant/Developer shall be entitled to affordable housing credits pursuant to Dublin
Municipal Code Chapter 8.68.040.D for the additional 332 affordable units, provided a legally-
binding document is recorded against the property in "first position" no later than issuance of the
first building permit for the Project ensuring that the 332 units will remain affordable for 55 years,
as such units are proposed as between moderate, low and very low income units. Such credits may
be used to satisfy the Inc1usionary Zoning requirements for 2,655 future residential units (69
moderate, 170 low, and 93 very-low income units) within Dublin Ranch notwithstanding the fact
that the units for which the ApplicantlDeveloper would receive such credits are concentrated in
one location, are generally smaller in size than the affordable units which would be required for
the 2,655 future residential units in Dublin Ranch and do not meet the allocation of affordable
units between moderate, low and very-low income households contained in Dublin Municipal
Code Chapter 8.68.060. The credits will terminate in 30 years if unused.
11. The ApplicantlDeveloper will not be entitled to affordable housing credits pursuant to Dublin
Municipal Code Chapter 8.68.040.D for the additional 162 units which will be affordable for a
period of 55 years but, provided a legally-binding document is recorded against the property in
"first position" no later than issuance of the first building permit for the Project ensuring that the
332 units will remain affordable for 55 years, as such units are proposed as between moderate, low
and very-low income, the City Council will provide certain benefits, including the concentration of
affordable units on the Project site, reduced bedroom sizes for the affordable units, different
affordable mix between very-low, low and moderate, a loan in the amount of $4.5 million (split
between the multi-family and senior phases), and a waiver of possible commercial linkage fees.
BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby conditionally approves the Site
Development Review and Density Bonus application for PA 03-010 to develop 930 residential dwellings units on
Parcels 1, 2, and 3 of APN 985-0027-001 as generally depicted by materials labeled Exhibit I, Fairway Ranch
Residential Community at Dublin Ranch, Vesting Tentative Map and Site Development Review, prepared by
MacKay & Somps, dated June 2003, stamped "approved" and on file in the City of Dublin Planning Department.
This approval shall conform generally to Exhibit 1 except as specifically modified by the Conditions of Approval
contained below. .
4
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of building
permits or establishment of use. and shall be subiect to Planning Department review and approval. The following
codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval:
rPL 1 Planning. rB1 Building. rp01 Police. rpw1 Public Works rADMl Administration/Citv Attorney. rFlN]
Finance. rpCS1 Parks and Community Services. rF1 Alameda County Fire Department. rDSRl Dublin San Ramon
Services District. rLDD1. Livermore Dublin Disposal. rCOl Alameda County Department of Environmental
Health. rZone 71. Alameda County Flood Control and Water Conservation District. Zone 7. rLA VT A 1. Livermore
Amador Valley Transit Authority. rCHS1. California Department of Health Services.
1.
Building Permit Submittal. Final building and site development plans
shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits for the respective
component (Senior, Multi-Family or Condo) of the Project. All such
plans shall insure:
a. That standard commercial or 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 disabled, are provided throughout the Project
for all publicly used facilities.
c. That continuous concrete curbing is provided for all parking stalls.
d. That exterior lighting for the Project is not directed onto adjacent
properties and all light sources are shielded from direct off-site
viewing.
e. That all mechanical equipment, including electrical and gas meters,
are architecturally screened from view, and that electrical
transformers are either underground or architecturally screened.
f. That all trash enclosures are of a sturdy material (preferably masonry)
and in harmony with the architecture ofthe building(s).
g. That all vents, gutters, downspouts, flashings, etc., are painted to
match the color of adjacent surface.
h. That all materials and colors are to be as approved by the Community
Development Department. Once constructed or installed, all
improvements are to be maintained in accordance with the approved
plans. Any changes to the approved plans, which affect the exterior
character, shall be resubmitted to the Community Development
Department for approval.
1. That each parking space designated for compact cars be identified
with a pavement marking reading "Small Car Only" or its equivalent,
and additional signing be provided if necessary.
J. That all exterior architectural elements visible from view and not
detailed on the plans be finished in a style and with materials in
harmony with the exterior of the building.
k. That all other public agencies that require review of the project be
supplied with copies of the final building and site plans and that
compliance be obtained with at least their minimum Code
re uirements.
PL,B,
PO
Issuance of
Building
Permits for the
respective
component
(Senior, Multi-
Family, or
Condo) of the
Project
5
2.
Landscape Plans. Final landscape plans, irrigation system plans, tree
preservation techniques, and guarantees, shall be reviewed and approved
by the Dublin Planning Department prior to the issuance of building
permits for the respective component (Senior, Multi-Family or Condo) of
the Project. 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 system may be
used.
e. That concrete curbing is to be used at the edges of all planters and
paving surfaces.
f. That all cut and fill slopes in excess of 5 feet in height are rounded
both horizontally and vertically.
g. That all cut and fill slopes graded and not constructed on by
September I, 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, ect.,
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 trees.
1. That a guarantee from the ground lessee/ developer 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
week abatement.
Final Inspection/Occupancy. Final inspection or occupancy will not be
granted until all construction and landscaping for the respective
component of the Project is complete in accordance with approved plans
and the conditions re uired by the City.
Mitigation Monitoring Program. The Applicant/Developer shall
comply with the Eastern Dublin Specific Plan Mitigation Monitoring
Program including all mitigation measures, action programs, and
im lementation measures.
Permit Validity and Expiration. Approval of the Site Development
Review is valid for the timetables identified in Section 8. I 04 of the
Dublin Zoning Ordinance. The Site Development Review approval may
be extended for a longer time period if so provided in the adopted
Develo ment A reements for this Project.
Revocation of permit. The permit shall be revocable for cause in
accordance with Chapter 8.96, Permit Procedures of the Dublin Zoning
Ordinance. Any violation of the terms or conditions of this permit shall
be sub' ect to citation.
3.
4.
5.
6.
6
PL
PL
PL
PL
PL
Issuance of
Building
Permits for the
respective
component
(Senior, Multi-
Family, or
Condo) of the
Project
Final
Inspection or
Occupancy
On going
On going
On going
7.
Minor Modification of Plans and Amendments. Minor modifications PL
in the project plans as shown in Exhibit 1, and minor amendments to this
permit, are subject to review and written approval by the Community
Develo ment Director or designated agent.
Clean up. The Applicant/Developer shall be responsible for clean up and PL
dis osal of roject related trash to maintain a clean, litter-free site.
Controlling Activities. The Applicant/Developer shall control all PO, PL
activities on the Project site so as not to create a nuisance to surrounding
businesses and residences.
Accessory Structures. The use of any accessory structures, such as PL, B, F
storage sheds, security trailers, trailer/container units used for storage or
for any other purpose, shall not be allowed on the Project site at any time
unless s ecifically ermitted by a Tem orary Use Permit.
Equipment Enclosures. All transformers, irrigation control boxes, PL
backflow devices, valves, and similar appurtenances shall be enclosed in
vaults or fencing and/or painted out or landscaped, as determined
acceptable by the Community Development Director. The location of
these items shall be indicated on the final landscape plans for each
res ective com onent of the Project.
Fees. Applicant/Developer shall pay all applicable processing and impact Various
fees in effect at the time of building permit issuance, including, but not
limited to, Planning fees, Building fees, Eastern Dublin TlF, Freeway
Interchange Fee, TVTC fees, Dublin San Ramon Services District fees,
Public Facilities fees, Dublin Unified School District School Impact fees,
Fire Facilities Impact fees, Alameda County Flood and Water
Conservation District (Zone 7) Drainage and Water Connection fees; or
any other fee that ma be ado ted and a licable.
Requirements and Standard Conditions. The Applicant/Developer Various
shall comply with applicable Alameda County Fire (or City of Dublin
Fire), Dublin Public Works Department, Dublin Building Department,
Dublin Police Service, 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 rior to buildin ermit issuance.
Building Codes and Ordinances. All Project construction shall B
conform to all building codes and ordinances in effect at the time of
buildin ermit.
Retaining Walls. All retaining walls over 30 inches in height and in a B
walkway shall be provided with guardrails. All retaining walls over 24
inches with a surcharge or 36 inches without a surcharge shall obtain
ermits and ins ections from the Building Division.
8.
9.
10.
11.
12.
13.
14.
15.
7
On going
On going
On going
On going
BP
Various times,
but no later
than issuance of
Building
Permits
Prior to
issuance of
Building
Permits
Through
Completion
Through
Completion
16.
Phased Occupancy Plan. If occupancy, for the Senior, Multi-Family or
Condominium component, is requested to occur in phases, then all
physical improvements within each phase of the respective component
shall be required to be completed 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
Department of Community Development. The Phased Occupancy Plan
shall be submitted to the Director of Community Development and Public
Works for review and approval a minimum 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 the parcel for
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 form
remaining additional' construction activity. Subject to approval and
discretion of the Director of Community Development, 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
im rovements.
Building Permits. To apply for building permits, ApplicantlDeveloper
shall submit eight (8) sets of construction plans to the Building Division
for plan check. Each set of plans shall have attached an annotated copy
of these Conditions of Approval and any agreements which include
provisions applicable to issuance of a building permit, such as
development agreements or improvement agreements. 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 participating non-
City a encies rior to the issuance of build in ermits.
Construction Drawings. Construction plans shall be fully dimensioned
(including building elevations) 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 lan, landsca e Ian and details shall be consistent with each other.
Air Conditioning Units. Air conditioning units and ventilation ducts
shall be screened from public view with materials compatible to the main
building. Roof mounted units shall be secured and screened from public
view to the satisfaction of the Building Official and the Director of
Community Development. Ground mounted units shall be permanently
installed on concrete pads or other non-movable materials to be approved
by the Buildin Official and Director of Community Develo ment.
Temporary Fencing. Temporary Construction fencing shall be installed
along perimeter of all work under construction. Security lighting and
patrols shall be employed as necessary.
Fire Hydrant, Type. DSRSD standard steamer type (1-4~" and 1-2~"
outlet) fire are re uired. 200 I, Section 903.4.2.)
17.
18.
19.
20.
21.
22.
Fire Hydrant, Location. IdentifY the fire hydrant locations by installing
reflective "blue dot" markers adjacent to the hydrant, 6 inches off center
from the middle ofthe street. (CFC 2001, Section 901.4.3).
8
B,PL,
PW
B
B,PL
B,PO
Prior to
Occupancy of any
affected building
B
Issuance of
Building Permits
Prior to issuance
fbuilding permit
Occupancy
of Unit
Through
Completion
F
F
Improvement
Plans
23.
Fire Hydrant, Signage. Fire hydrants shall be clearly identified as a no
parking area with signage and physical barriers.
24.
Fire Hydrant, Inspection. Prior to the commencement of storage or
framing, contact the City of Dublin, Fire Prevention Division, and the
Public Works Department to schedule an inspection of roadways and fire
hydrants. (CFC 2001, Section 8704.2 & 8704.3).
Fire Apparatus Roadways. Fire apparatus roadways must have a
minimum unobstructed width of 20 feet and an unobstructed, vertical
clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide
shall be posted with signs or shall have red curbs painted with labels on
one side; roadways under 28 feet wide shall be posted with signs or shall
have red curbs painted with labels on both sides of the street as follows:
"NO STOPPING, FIRE LANE - CVC 22500.1". (CFC 2001, Section
902.2.2.1). Emergency Vehicle Access Easement's (EVAE) shall be
posted at both ends "Emergency Vehicle Access Only" to identify the
EV AE for emer ency ersonal.
Fire Apparatus Roadways, Installation. Fire apparatus roadways must
be installed, and fire hydrants in service, prior to the commencement of
vertical framing or combustible storage placed on site.
Construction Traffic. Provide a plan that indicates the location of
construction traffic and construction parking.
25.
26.
27.
28.
Weed Abatement. Provide a weed abatement program before, during
and after construction for vegetation within 100 feet from combustible
construction and 30 feet from the street and property lines. (CFC 2001,
Section 1103.2.4).
Spark Arrestors. All construction equipment/machinery/ devices with
internal combustion engines shall be equipped with approved spark
arrestors while operating in this Project area.
Fire Sprinkler System. An approved automatic fire sprinkler system
shall be installed throughout. The system shall be designed to NFP A 13
standards.
Fire Sprinkler System, Plans: Plans, specifications, equipment lists and
calculations for the required sprinkler system must be submitted to the
Alameda County Fire Department, City of Dublin, Fire Prevention
Division, for review and approval prior to installation. A separate plan
review fee will be collected upon review of these plans. (CFC, 2001,
Sec. 1001.3)
Fire Sprinkler System, Monitoring. Sprinkler systems serving more
than 100 heads shall be monitored by an approved central station, U.L.
listed for fire alarm monitoring. The account shall be certificated. A copy
of the u.L. listing and certificate must be provided to the Alameda
County Fire Department, City of Dublin, Fire Prevention Division, prior
to scheduling the final test system. (CFC, 2001, Section 1003.3 as
amended)
Standpipes. Standpipes are required for this Project. The required
standpipes shall be installed during construction in accordance with CBC
section 904.6.2.
Underground Fire Service Line. Prior to installation, plans and
specifications for the underground fire service line must be submitted to
the Alameda County Fire Department, City of Dublin, Fire Prevention
Division, forreview and a roval. (CFC, 2001, Sec. 1001.3)
29.
30.
31.
32.
33.
34.
9
F
F
F
Improvement
Plans &
Occupancy
On going
F
F
On going
F
On going
F
Issuance of
Building
Permits
On going
F
F
On going
F
Building Plans
and Occupancy
F
Issuance of
Building
Permits
F
Issuance of
Building
Permits
On going
Improvement
Plans
35.
Fire Alarm System. An approved fire alarm system shall be installed as
per code for the specific type of occupancy. A separate submittal is
required.
Fire Extinguisher. Provide at least one 2A 10BC portable fire
extinguisher for each 3000 sq. ft. of floor area. Travel distance to an
extinguisher shall not exceed 75 feet of travel distance and shall not be
between floors. 2001, Sec. 1002.
36.
F
Issuance of
Building
Permits
On going
F
Permit Issuance
37.
Public Facilities Fee. Developer shall pay a Public Facilities Fee
established by City of Dublin Resolution No. 214-02, including any
future amendments to such fee. Developer will pay such fees no later
than the time of issuance of building permits and in the then-current
amount of the fee. Developer may use the credits for payment of the
Community Park Land portion of the Public Facilities Fee granted to the
Lin Family by the Master Development Agreement in accordance with
Public Facilities Fee Guidelines (Resolution
PCS
38. Security Requirements. The applicant shall comply with all applicable
City of Dublin Residential and Non-Residential Security Requirements.
39. Addressing. Addressing and building numbers shall be visible from the
approaches to the buildings.
40. Posting of Signs. All entrances to the commercial area parking shall be
posted with appropriate signs per Sec. 22658(a) of the California Vehicle
Code, to assist in removing vehicles at the property owner's/manager's
re uest.
41. Posting of Signs, Private Streets & Fire Lanes. Private streets shall be
posted in accordance with the California Vehicle Code Section 22658,
Sections I & 2. Fire Lanes shall also be posted in accordance with
California Vehicle Code Section 22500.1.
42. Diagrammatic Map of Residential Complex. An illuminated
diagrammatic representation (map) of the residential complex shall also
be placed at all driveway entrances.
43. Lighting Plan. The applicant shall submit a final lighting plan, for all
exterior lighting throughout the project, for approval by the Dublin
Police. Lighting fixtures shall be of a vandal resistant type.
44. Graffiti. The applicant shall keep the site clear of graffiti vandalism on a
regular and continuous basis at all times. Graffiti resistant materials
should be used.
45. Theft Prevention & Security. The applicant shall work with the Dublin
Police on an on-going basis to establish an effective theft prevention and
security program.
46. Delineation of Uses. There shall be a delineation between the residential
and commercial uses on Parcel 2 (multi-family portion of the Project).
This can be accomplished with fixed or perceived barriers such as fences
or landsca ing.
47. Self Policing & Sense of Community. Primary living areas and
windows of individual units should be focused for observation of
common use areas, adjacent units, recreational areas, and child play areas
to rovide self- olicing and a sense of community.
APPLlCATlON.SP:E.€IFIC:.CON'J)IllIONS
48'. Indusionary Zoning Regulations. The Applicant shall comply with all
provisions of Chapter 8.68, Inclusionary Zoning Regulations of the
Dublin Zoning Ordinance except as modified by these conditions of
10
PO
Occupancy
PO
Occupancy
PO
Occupancy
PO
Occupancy
PO Occupancy
PO Occupancy
PO Occupancy and
On going
PO On going
PO Occupancy and
On going
PO
Prior to
Issuance of
Building
Permits
ADM,
PL
On going
approval and/or an adopted Development Agreement.
49.
Indusionary Zoning Requirements - Senior Rental Housing. The
Applicant/Developer shall provide 64 very-low income units, 97 low-
income units, and 131 moderate-income units within the Senior
component of the Project. The type and location of these units are to be
as shown in Exhibit 1, Fairway Ranch Residential Community at Dublin
Ranch, Vesting Tentative Map and Site Development Review, prepared
by MacKay & Somps, dated June 2003, stamped "approved" and on file
in the City of Dublin Planning Department. Affordable units shall be
constructed concurrently with market rate units.
Indusionary Zoning Requirements - Multi-Family Rental Housing.
The Applicant/Developer shall provide 63 very-low income units, 90
low-income units, and 90 moderate-income units within the Multi-Family
component of the Project. The type and location of these units are to be
as shown in Exhibit 1, Fairway Ranch Residential Community at Dublin
Ranch, Vesting Tentative Map and Site Development Review, prepared
by MacKay & Somps, dated June 2003, stamped "approved" and on file
in the City of Dublin Planning Department. Affordable units shall be
constructed concurrently with market rate units.
Indusionary Zoning Requirements - For-Sale Condominium
Housing. The Applicant! Developer shall provide 52 moderate-income
units within the Condominium component of the Project. The type and
location of these units are to be as shown in Exhibit 1, Fairway Ranch
Residential Community at Dublin Ranch, Vesting Tentative Map and Site
Development Review, prepared by MacKay & Somps, dated June 2003,
stamped "approved" and on file in the City of Dublin Planning
Department. Affordable units shall be constructed concurrently with
market rate units.
Density Bonus Regulations. The Applicant shall comply with all
provisions of Chapter 8.52, Density Bonus Regulations of the Dublin
Zoning Ordinance except as modified by these conditions of approval
and/or an ado ted Develo ment A reement.
Density Bonus Units. The 186 Density Bonus units shall be dispersed
throughout the Project as follows: 68 units in the Senior component, 59
in the Multi-Family component, and 59 in the Condominium component.
In order to qualifY for these units, 10% of the total Project units must be
constructed as affordable to very low income households and 20% of the
total Project units must be constructed as affordable for low income
households, all for a period of 30 years from the date of final occupancy.
Restricted units shall be constructed concurrently with or prior to the
construction of non-restricted units. (Dublin Zoning Ordinance Section
8.52, Density Bonus Regulations)
Affordable Housing Agreement. The Applicant shall enter into an
affordable housing agreement (or a regulatory agreement or such other
legal mechanism satisfactory to the City Attorney) with the City to ensure
that the affordable units required by Conditions 49, 50 and 51 remain
affordable for 55 years and that other provisions of Chapter 8.68 of the
Dublin Municipal Code (the Inclusionary Zoning Regulations) and
Chapter 8.52 of the Dublin Municipal Code (the Density Bonus
Ordinance) are satisfied, including provisions relating to priorities in the
rental or sale of affordable units as set forth in Section 8.68.050 of the
Dublin Municipal Code. Such agreement (or other legal mechanism)
shall be recorded to ensure it has riority over and is not subordinate to
11
50.
51.
52.
53.
54.
PL
PL
PL
PL
PL
ADM,
PL
Through
Completion and
On going
Through
Completion and
On going
Through
Completion and
On going
On going
On going
Issuance of any
Project building
permits
any other recorded document affecting the property.
55.
Project Phasing - Condominiums. Prior to the issuance of building
permits for any building or structure within the Condominium component
of the Project, certificates of occupancy must be obtained for all units
comprising the Senior component or the Multi-family component of the
Project and the affordable units to be constructed as part of those
components must have been constructed and made available for
occupancy by eligible households at affordable housing cost III
accordance with the requirements in the Regulatory Agreements OR the
Developer shall enter into an enforceable agreement with the City that
restricts the occupancy of units within the Condominium component to
provide for 19 moderate income units, 8 low income units, and 11 very
low income units.
Project Phasing - Senior or Multi-Family. If the Developer constructs
the Senior or Multi-Family component in phases, each phase shall include
affordable units which are available for occupancy to eligible very low,
low and moderate income households in such numbers as shown on
Exhibit 1 of the Site Develo ment Review a roval.
Master Sign Program. A Master Sign Program shall be applied for and
approved for Project related signage. Project related signage for all three
phases of the Project shall be included in one Master Sign Program.
Final Landscape Plans. A final landscape plan shall be approved by the
City's Landscape Architect, including planting and irrigation components.
The developer shall pay a deposit to the Planning Department to have
landsca e lans checked.
Colors. The exterior paint colors of the buildings are subject to City
review and approval. The Applicant shall paint a portion of the building
the proposed color for review and approval by the Director of
Community Develo ment rior to aintin the entire structure.
Addressing. An approved apartment unit-numbering plan shall be
incorporated into the construction drawings. Signage for each apartment
unit and hallway signage shall be approved as part of the Master Sign
Program. Exterior address numbers shall be backlight and be posted in
such a way that they may be seen from the street.
Green Building Guidelines. To the extent practical the applicant
shall incorporate Green Building Measures. Green Building plan shall be
submitted to the Building Official for review.
Cool Roofs. Flat roof areas shall have their roofing material coated with
light colored gravel or painted with light colored or reflective material
designed for Cool Roofs.
Sound Attenuation. The Applicant shall comply with the
recommendations of the acoustical study conducted by Charles M. Salter
Associates dated April 15, 2003, in accordance with the mitigation
measures of the Eastern Dublin Specific Plan, Environmental Impact
Re ort (Mitigation Measure 3.10/1.0).
Elevator Access. Parking Structure for building A, doors leading to the
elevator lobby in garage shall remain unlocked 24 hours a day or provide
card key to all entry doors to elevator lobby with a call box at main entry
door at the lobby.
Tot Lot. Entrance to Tot Lot play area shall be made accessible to the
disabled.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
12
ADM,
PL
ADM,
PL
PL
PL
PL
B,PL,
PO,F
B,PL
B,PL
PL
B
B
Through
Completion and
On going
Through
Completion and
On going
Occupancy
Building Permit
Occupancy
Permit Issuance
and Through
Completion of
Each
Component
Through
Completion
Through
Completion
Issuance of
Building
Permits
Through
Occupancy
Prior to
permitting
66.
Shuttle Service. The Applicant shall submit a plan for review by the
Community Development Department outlining, the type and number of
shuttles which will provide transportation for the residents of the Project;
the shuttle schedule, route, and hours and days of operation; and, other
necessary details as determined by the Community Development
Department. The shuttle service shall remain in operation serving the
residents of Fairway Ranch for a period of 10 years from the date of
initial occu ancy.
Courtyard - Fire Sprinkler. Courtyards shall be provided with sidewall
sprinkler heads, acceptable to the Fire Department.
Area of Refuge. An Area of Refuge, as defined by the California
Building Code, Chapter 11, shall be provided at a staircase inside a
parking structure if a portion of the structure is semi-subterranean.
Caretaker Units. In accordance with DMC Chapter 7.48.080, a
manager, janitor, housekeeper, or other responsible person shall reside
upon the premises and shall have charge of every apartment house in
which there are sixteen (16) or more a artments.
Number of Restrooms. Clubhouse(s) shall be provided with the number
of water closets and lavatories as prescribed by the Uniform Plumbing
Code in effect at time of permitting. The occupancy number shall take
into account the ad'acent Swimmin Pool, S a and Play areas.
Building Access Plan for Ladder Truck Operations. As part of the
building submittal, include a plan showing the building access for Ladder
Truck Operations. The plan shall include:
. Designated EV AE's with installation details. The developer
shall provide a vehicle to test the EV AE's that has a minimum
GVW of 66,500 Ibs and axle weight of 48,500 Ibs.
. Include a detail showing the EV AE signage.
. Distance from building to face of curb or EV AE.
. For buildings that have specific access locations, designate that
location on the plan.
. Overlay the landsca elan indicatin areas for ladder access.
Surveillance System. Surveillance cameras shall be installed in parking
complexes and some common areas to aide in security. Closed Circuit
T.V. shall have 24 hour recording capability and be monitored during the
workday in the mana erial office.
Fencing Plan. A fencing plan showing the details of all proposed
fencing including, but not limited to, fencing along Dublin Boulevard,
and fencing along the ground floor of the parking structures, shall be
submitted to the Community Development Department and Dublin Police
De artment for review and a roval.
Cop Shop. The applicant shall work with Dublin Police to establish an
on-site "Cop Shop" within the retail area.
67.
68.
69.
70.
71.
72.
73.
74.
75.
Geographic Information Systems. Once a development project has
been approved by the District Engineer and the Director of Public Works,
then three (3) full size blueIines, one (1) reduced II-inch X 17-inch copy,
and one (1) digital vectorized file on floppy or CD ofImprovement Plans
shall be submitted to the District and the City. Digital raster copies are
not acceptable. The digital vectorized files shall be in AutoCAD 14 or
higher drawing format or ESRI Shapefile format. Drawing units shall be
decimal with a precision of 0.00. Angles shall be in decimal degrees with
a precision of 0.00. All objects and entities in layers shall be colored by
layer. All layers shall be named in English. Abbreviations are acce table.
13
PL
B,F
B,F
B
B
F
PO
PO,PL
PO
PL,PW,
DSRSD
Occupancy and
On going
Permitting
Permitting
On going
Issuance of
Building
Permits
Issuance of
Building
Permits
Issuance of
Building
Permits
Issuance of
Building
Permits
Issuance of
Building
Permits
Occupancy
All submitted map drawings shall use the Global Coordinate System of
USA, California, NAD 83 California State Planes, Zone III, and U.S.
foot. These requirements may be modified to the satisfaction of the GIS
coordinator.
PASSED, APPROVED AND ADOPTED this 1st day of July 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
14
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN
*********
APPROVING FOUR DEVELOPMENT AGREEMENTS FOR P A 03-010
FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Fairway Ranch Affordable Housing Community is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area, which is designated on the
General Plan Land Use Element Map, and Eastern Dublin Specific Plan Lad Use Map as High Density
Residential.
B. Pursuant to the California Environnlental Quality Act, the City Council finds
the Project exempt from CEQA pursuant to Government Code section 65457 for residential projects that
are consistent with a specific plan. This finding is based on a determination that there are no
supplemental impacts that would require preparation of a Supplemental ErR, as further documented in
the Initial Study prepared by the City, dated Jlme 2003 and incorporated herein by reference. The Initial
Study found that the environmental impacts of the Project were addressed by the Negative Declaration
approved by the City Council in Resolution No. 140-97 for the Planning Development Rezoning for 453
acres of Dublin Ranch which includes the Property and the Project and by the Environmental Impact
Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064) which was
certified by the Council in Resolution No. 51-93 and the Addenda elated May 4,1993 and August 22,
1994.
C. The Development Agreements between the City of Dublin and Chang Su-O-Lin, Hong
Lien Lin, and Hong Yao Lin has been presented to the City Council, Exhibits A. B. C. and D, attached
hereto.
D. A public hearing on the proposed Development Agreements was held before the Planning
Commission on June 24, 2003, for which public notice was given as provided by law.
E. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreements.
F. A public hearing on the proposed Development Agreements was held before the City
Council on July 1, 2003 and July 15, 2003, for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission who
considered the item at the June 24, 2003 meeting, including the Planning Commission's reasons for its
recommendation, the Agenda Statement, all comments received in writing and all testimony received at
the public hearing.
ATTACHMENT 2.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
EIR, (f) the individual Mitigated Negative Declarations (g) the Agenda Statement, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreements are consistent with the objectives, policies, general land uses and
programs specified and contained in the City's General Plan, as amended by the Eastern Dublin General
Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
designation for the site are High Density Residential and the proposed project is a project consistent with
that land use, (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan
with respect to provision of infrastructure and public services, and (c) the Development Agreements
include provisions relating to vesting of development rights, and similar provisions set forth in the
Specific Plan.
2. The Development Agreements are compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is located in that the project
approvals include a Vesting Tentative Map, Site Development Review and Density Bonus.
3. The Development Agreements are in conformity with public convenience, general welfare
and good land use policies in that the Fairway Ranch Affordable Housing Community will implement
land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential
uses at this location.
4. The Development Agreements will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreements will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent with the General Plan
and with the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreements (Exhibits A, B, C, and D) and
authorizes the Mayor to sign.
Section 4. RECORDATION
Within ten (10) days after the Development Agreements are fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of July
2003, by the following votes:
AYES:
NOES:
, ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
Recording requested by and
when recorded, return to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE!
CITY OF DUBLIN
AND
Chang Su-O-Un, Hong Lien Un and Hong Yao Un
DUBLIN RANCH
FAIRWAY RANCH
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Recording requested by and
when recorded, return to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
Chang Su-O-Lin, Hong Lien Lin and Hong Yao Lin
DUBLIN RANCH
SENIOR HOUSING COMPONENT
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THIS DEVELOPMENT AGREEMENT (this "Agreement"), dated for
reference purposes as of , 2003, is entered into by and between
the City of Dublin, a Municipal Corporation ("City"), and Chang Su-O-Lin, Hong
Lien Lin and Hong Yao Lin ( collectively, the "Developer"). City and Developer
are hereafter collectively referred to as the "Parties."
RECITALS
A. California Government Code Section 65864 et seq. and Chapter
8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City
to enter into an agreement for the development of real property with any person
having a legal or equitable interest in such property in order to establish certain
development rights in such property.
B. Developer holds legal interest in certain real property (the
"Property") consisting of approximately acres of land, located in the
City of Dublin, County of Alameda, which property is designated as Parcel 1 on
Tentative Tract Map No. 7453 and which is more particularly described in
Exhibit A attached hereto.
C. The Dublin City Council ("City Council") adopted the Eastern Dublin
Specific Plan ("Plan") by Resolution No. 53-93 which Plan is applicable to the
Property and requires the developer of the Property to enter into a development
agreement with City.
D. The Developer and City are parties to that certain Master
Development Agreement between the City of Dublin and the Lin Family for the
Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) ("Master Development
Agreement"), which agreement requires the developer of the Property to enter
into this development agreement with City, provided that such development
agreement does not impair any developer's rights under the Master Development
Agreement.
E. Developer proposes to develop the Property for senior housing (the
"Senior Housing Component") which shall consist of 322 multi-family rental
units, of which 292 units shall be affordable units available at affordable rents to
households of very low, low and moderate-income pursuant to the City's
Inclusionary Zoning Ordinance (Chapter 8.68) (the "Project"). As more
particularly described in the Affordable Housing Regulatory Agreement executed
or to be executed by and between City and Developer ("Regulatory
Agreement"), the Developer and its successors in interest shall be required to
maintain the affordability of the affordable units and the availability of such units
to households of the specified income levels for not less than 55 years.
F. Developer has applied for, and City has approved or is processing,
various land use approvals in connection with the development of the Project.
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Fairway Ranch Senior Housing Component
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Developer has also applied for, and City has approved or is processing, similar
land use approvals in connection with the development of Parcels 2 and 3 of
Tract 7453. The land use approvals for the Senior Housing Component
include Tentative Tract Map for Tract 7453 (Planning Commission Resolution No.
03- ), and a density bonus of 68 units and site development review (City
Council Resolution No. _ (collectively, the "Project Approvals").
G. Developer and City have entered into a development agreement
that, among other things, addresses phasing of development for Parcel 1 (Senior
Housing Component), Parcel 2 (Multifamily Component) and Parcel 3
(Condominium Component) of Tract 7453 (the "Fairway Ranch Development
Agreement"). Developer and City have also entered into development
agreements specifically for the Multi-Family Housing Component and the
Condominium Component (the "Component Development Agreements").
H. City desires the timely, efficient, orderly and proper development of
the Project, and City and Developer desire to facilitate development of the
Project in accordance with and subject to the terms and conditions set forth
herein.
I. The City Council has reviewed and evaluated this Agreement in
accordance with Chapter 8.56, and has found that this Agreement is consistent
with the City's General Plan and the Eastern Dublin Specific Plan.
J. Pursuant to the California Environmental Quality Act (CEQA), the
City Council adopted Resolution No. _, finding that the Project is exempt
from CEQA pursuant to Government Code 965457. In making such
determination and determining that there are no supplemental impacts that would
require preparation of a Supplemental EIR, the City prepared an Initial Study
which found that the environmental impacts of the Project were addressed by the
Negative Declaration approved by the City Council by Resolution No. 140-97 for
the Planned Development Rezoning for 453 acres of Dublin Ranch which
includes the Property and the Project and the Environmental Impact Report for
the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064)
which was certified by the Council by Resolution No. 51-93 and the Addenda
dated May 4,1993 and August 22,1994 (collectively, the "EIR").
K. On , 2003, the City Council adopted Ordinance No. _
approving this Agreement. The ordinance took effect on , 2003.
NOW, THEREFORE, with reference to the foregoing recitals and
inconsideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows.
1. Description of Property.
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The property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1
Date") is
Effective Date. The effective date of this Agreement ("Effective
, 2003, which is the effective date of City Ordinance No.
, adopting this Agreement.
4.2 Term. The term of this Agreement shall commence on the
Effective Date and shall terminate on the fifth anniversary of such date, unless
this Agreement is otherwise terminated or extended pursuant to the terms hereof.
Notwithstanding anything to the contrary contained herein or in the Site
Development Review approval: (i) provided that construction of the Project has
commenced prior to the fifth anniversary of the Effective Date of this Agreement,
the Site Development Review approval shall remain effective for five years
following the Effective Date of this Agreement, and (ii) provided that certificates
of occupancy have been issued for either the entire Multi-Family Component or
the entire Senior Housing Component prior to expiration of the term of this
Agreement, the Site Development Review approval (Resolution No. _) shall
remain effective until the tenth anniversary of the Effective Date.
4.3 Optional Extension. Prior to the termination of this Development
Agreement, as provided in Section 4.2, Developer may extend the term of the
Development Agreement. To do so, Developer shall give City written notice at
least 90 days prior to the termination date of the Development Agreement. At the
time Developer provides such notice, Developer shall make a contribution to City
in the amount of One Hundred Thousand Dollars ($100,000). Upon receipt of the
notice and the contribution, the City Manager shall approve the extension and
shall notify the Developer in writing that the term of the Development Agreement
has been automatically extended for an additional one-year period, commencing
on the date the Development Agreement would otherwise have terminated. The
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Developer may exercise its option to extend the Development Agreement no
more than five times, for a maximum total term of the Development Agreement of
ten years. The total contribution for the maximum extension of five years will be
Five Hundred Thousand Dollars ($500,000). Notwithstanding anything to the
contrary in this Section, if Developer has provided the notice and contribution to
extend one of the Component Development Agreements, Developer shall not be
required to provide the $100,000 contribution to extend the term of this
Development Agreement and this Agreement will automatically be extended to
be coterminous with such Component Development Agreement.
5. Use of the Property.
5.1 Riqht to Develop, Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals, and any amendments to any of them as shall,
from time to time, be approved pursuant to this Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
and any other approvals required by other regulatory agencies.)
None
5.3.2 Mitiqation Conditions. Additional or modified conditions
agreed upon by the Parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasinq, Timinq. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
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Fairway Ranch Senior Housing Component
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See Exhibit 8
5.3.4 Financinq Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit 8
5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit 8
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit 8
5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit 8
6. Applicable Rules, Requlations and Official Policies.
6.1 Rules Reqardinq Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property, the density and intensity of use of
the Property, and the maximum height, bulk and size of proposed buildings shall
be those in force and effect on the Effective Date hereof.
6.2 Rules Reqardinq Desiqn and Construction. Unless otherwise
expressly provided in Section 5 or Exhibit B attached hereto, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect on the Effective Date hereof. Ordinances, resolutions,
rules, regulations and official policies governing design, improvement and
construction standards and specifications applicable to public improvements to
be constructed by Developer shall be those in force and effect at the time the
applicable permit approval is granted.
6.3 Uniform Codes Applicable. Unless otherwise expressly provided in
Section 5 or Exhibit B attached hereto, the Project shall be constructed in
accordance with the provisions of the Uniform Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, in effect at the time of approval of the appropriate
building, grading, or other construction permits for the Project.
7. Subsequently Enacted Rules and Requlations.
Development Agreement
Fairway Ranch Senior Housing Component
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7.1 New Rules and Requlations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date and which are not in conflict with those applicable to the
Property as set forth in this Agreement if: (a) the application of such new or
modified ordinances, resolutions, rules, regulations or official policies would not
prevent, impose a substantial financial burden on, or materially delay
development of the Property as contemplated by this Agreement and the Project
Approvals, and (b) if such ordinances, resolutions, rules, regulations or official
policies have general applicability.
7.2 Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent discretionary
land use approval for the Project on the basis of the ordinances, resolutions,
rules, regulations and policies in effect at the time of such approval.
7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in California Government Code ~ 8558.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications:;: City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B). The City shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit B, Section 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement.
Development Agreement
Fairway Ranch Senior Housing Component
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8.3 New Taxes. Any subsequently enacted City-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the California Constitution, and Developer does not return its ballot,
Developer agrees, on behalf of itself and its successors, that City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
charge.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the Effective Date
prevent or preclude compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City, the Parties shall
meet and confer in good faith in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation. Any such amendment or
suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56.
9.2 Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the Parties and in accordance
with the procedures of state law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions of
Section 9.2, any amendments to this Agreement which do not relate to (a) the
term of the Agreement as provided in Section 4.2; (b) the permitted uses of the
Property as provided in Section 5.2; (c) provisions for "significant" reservation or
dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (e) the density or intensity of
use of the Project; (f) the maximum height or size of proposed buildings; (g)
monetary contributions by Developer; (h) the affordable housing units to be
constructed as part of the Project (including without limitation, the number,
location, size, affordability level, or timing of the construction of such units); (i)
public improvements to be constructed by Developer; U) the accrual or use of
the Affordable Unit Credits described in Section 5.3.7B of Exhibit B; or (h) the
exemption from Commercial Linkage Fee described in Section 5.37.C of Exhibit
Development Agreement
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B shall not, except to the extent otherwise required by law, require notice or
public hearing before either the Planning Commission or the City Council before
the Parties may execute an amendment hereto. City's Public Works Director
shall determine whether a reservation or dedication is "significant".
9.4 Amendment of Proiect Approvals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the Developer; (g) public improvements to be
constructed by Developer; (h) the affordable housing units to be constructed as
part of the Project (including without limitation, the number, location, size,
affordability level, or timing of the construction of such units); (i) the accrual or
use of the Affordable Housing Credits described in Section 5.3.7B of Exhibit B; or
0) the exemption from Commercial Linkage Fee described in Section 5.3.7C of
Exhibit B shall require an amendment of this Agreement. Such amendment shall
be limited to those provisions of this Agreement which are implicated by the
amendment of the Project Approval. Any other amendment of the Project
Approvals, or any of them, shall not require amendment of this Agreement unless
the amendment of the Project Approval(s) relates specifically to some provision
of this Agreement.
9.5 Cancellation by Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the Parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Section 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by City.
10. Term of Proiect Approvals.
Pursuant to California Government Code Section 66452.6(a), the term of
the tentative tract map described in Recital F above shall automatically be
extended for the term of this Agreement. The term of any other Project Approval
shall be extended only if so provided in Exhibit B or Section 4.2.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2004 and each July 15 to August 15 thereafter.
11.2 Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
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Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of this Agreement. The
Developer shall have the burden of proving such compliance by substantial
evidence.
11.3 Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits relating to
this Agreement at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an event of
default hereunder, the Parties may pursue all other remedies at law or in equity
which are not otherwise provided for in this Agreement or in City's regulations
governing development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either Party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damaqes Aqainst City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against City
upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Either Party may, at any time, and from time to time, request the other
Party to provide a written certification that: (a) this Agreement is in full force and
effect and a binding obligation of the Parties, (b) this Agreement has not been
amended or modified either orally or in writing, or if amended, identifying such
amendments in the certification, and (c) to the knowledge of the certifying Party,
the requesting Party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe in the certification the nature and
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amount of any such defaults. A Party receiving a request hereunder shall
execute and return such certification within thirty (30) days following the receipt
of such request, or such longer period as may reasonably be agreed to by the
Parties. City Manager of City shall be authorized to execute any certification
requested by Developer. Should the Party receiving the request not execute and
return such certification within the applicable period, this shall not be deemed to
be a default, provided such Party shall be deemed to have certified that the
statements in clauses (a) through (c) of this section are true, and any party may
rely on such deemed certification.
Any request by Developer for a written certification to a third party shall be
accompanied by payment to City of a fee for such certification in an amount
established by the Council from time to time.
14. Mortqaqee Protection: Certain Riqhts of Cure.
14.1 Mortqaqee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, the purchaser at any trustee's sale or foreclosure sale shall not be
liable for any violation hereof occurring prior to the acquisition of title by such
purchaser but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property,
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure,
or otherwise.
14.2 Mortqaqee Not Obliqated. Notwithstanding the provisions of
Section 14.1, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3 Notice of Default to Mortqaqee and Extension of Riqht to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Developer with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
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right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-day cure period
provided in Section 12.2 for not more than an additional sixty (60) days upon
request of Developer or a Mortgagee.
15. Severabilitv.
The unenforceability, invalidity or illegality of any provision, covenant,
condition or term of this Agreement shall not render the other provisions hereof
unenforceable, invalid or illegal.
16. Attornevs' Fees and Costs.
If City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs in addition to any other
relief to which it may otherwise be entitled. If any person or entity not a party to
this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the Parties shall
cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable court costs and attorneys' fees expended by City in defense of any
such action or other proceeding.
17. Transfers and Assiqnments.
17.1 Riqht to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a "Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer which arise
hereunder and pertain to the portion of the Property being sold or transferred to
such Transferee; provided, however that: no such transfer, sale or assignment of
Developer's rights, interests and obligations hereunder shall occur by operation
of law or otherwise absent prior written notice to City and written approval thereof
by the City Manager, which approval shall not be unreasonably withheld or
delayed.
17.2 Approval and Notice of Sale. Transfer or Assiqnment. The City
Manager shall consider and decide on any proposed transfer, sale or assignment
of Developer's rights, interests and obligations hereunder within ten business
(10) days following receipt of Developer's notice, provided all documents,
certifications and other information reasonably requested by City are provided to
the City Manager to enable the City Manager to determine whether the proposed
Transferee can perform the Developer's obligations hereunder. Notice of any
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such approved sale, transfer or assignment (including a description of all rights,
interests and obligations that have been transferred and those which have been
retained by Developer) shall be recorded in the official records of Alameda
County, in a form acceptable to the City Manager, concurrently with such sale,
transfer or assignment.
17.3 Effect of Sale. Transfer or AssiQnment. Developer shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to this Section 17, provided that: a) such sale, transfer or
assignment has been approved by the City Manager pursuant to this Section 17.
b) such obligations are expressly assumed by Transferee, and (c) such
Transferee shall be subject to all the provisions hereof and shall provide all
documents, certifications and other information reasonably requested by City
prior to City Manager approval pursuant to this Section 17.
17.4 Permitted Transfer. Purchase or AssiQnment. The sale or other
transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a third-party deed of trust encumbering
Developer's interest in the Property shall not require City Manager approval
pursuant to this Section 17. However, any subsequent transfer, sale or
assignment by such Purchaser to a subsequent transferee, purchaser, or
assignee shall be subject to the provisions of this Section.
18. AQreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement (with the exception of City's obligation to provide financing to
Developer pursuant to the Loan Agreement) shall be binding upon the Parties
and their respective heirs, successors and assignees, representatives, lessees,
and all other persons acquiring the Property, or any portion thereof, or any
interest therein, whether by operation of law or in any manner whatsoever. All of
the provisions of this Agreement shall constitute covenants running with the land
pursuant to applicable laws. Each covenant to do, or refrain from doing, any act
on or with respect to the Property pursuant to this Agreement: (a) is for the
benefit of or is a burden upon the Property, (b) runs with the land, and (c) is
binding upon the Developer and each successive owner during its ownership of
the Property or any portion thereof.
19. Bankruptcy.
The obligations of Developer under this Agreement shall not be
dischargeable in bankruptcy.
20. Indemnification; PrevailinQ WaQes.
20.1 Indemnification.
Development Agreement
Fairway Ranch Senior Housing Component
Page 12 of 16
633098-2
Developer agrees to indemnify, defend and hold harmless City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors, subcontractors,
agents, or employees in connection with the construction, improvement,
operation, or maintenance of the Property and the Project, provided that
Developer shall have no indemnification obligation with respect to the gross
negligence or willful misconduct of City, its contractors, subcontractors, agents or
employees or with respect to the maintenance, use or condition of any
improvement after the time it has been dedicated to and accepted by the City or
another public entity (except as provided in an improvement agreement or
maintenance bond).
20.2 Prevailinq Waqes. The Parties acknowledge that the Project or
phases of it are intended by Developer to be exempt from California Labor Code
Section 1720 et seq. and the regulations adopted pursuant thereto ("Prevailing
Wage Laws") by virtue of Labor Code Section 1720(d). Iffor any reason, the
Prevailing Wage Laws are found to be applicable to the Project, Developer and
its contractors shall comply with such laws. Developer shall, and hereby agrees
to, unconditionally indemnify, reimburse, defend, protect and hold harmless City
and its elective and appointive boards, commissions, officers, agents, attorneys,
consultants and employees, and their respective successors and assigns, from
and against any and all claims, demands, suits and actions at law or in equity,
and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or
other relief, and costs and damages of every kind, nature and description
(including but not limited to attorneys' fees and court costs, with counsel
reasonably acceptable to City), and administrative, enforcement or judicial
proceedings, whether known or unknown, and which directly or indirectly, in
whole or in part, are caused by, arise from, or relate to, or are alleged to be
caused by, arise from, or relate to, the payment or requirement of payment of
prevailing wages or the requirement of competitive bidding in the construction of
the Project, the failure to comply with any state or federal labor laws, regulations
or standards in connection with this Agreement, including but not limited to the
Prevailing Wage Laws, or any act or omission of City or Developer related to this
Agreement with respect to the payment or requirement of payment of prevailing
wages or the requirement of competitive bidding, whether or not any insurance
policies shall have been determined to be applicable to any such claims,
demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders,
judgments, injunctive or other relief, costs, damages, or administrative,
enforcement or judicial proceedings. It is further agreed that City does not, and
shall not, waive any rights against Developer which it may have by reason of this
indemnity and hold harmless agreement because of the acceptance by City, or
the deposit with City by Developer, of any of the insurance policies described in
Development Agreement
Fairway Ranch Senior Housing Component
Page 13 of 16
633098-2
this Agreement. The representations, warranties and covenants contained in this
Section shall survive the termination of this Agreement.
21. Insurance.
21.1 Public Liability and Property DamaQe Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than five million dollars ($5,000,000) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2 Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of City.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Man'ager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Development Agreement
Fairway Ranch Senior Housing Component
Page 14 of 16
633098-2
Notices required to be given to Developer shall be addressed as follows:
A Party may change address by giving notice in writing to the other
party and thereafter all notices shall be addressed and transmitted to the new
address. Notices shall be deemed given and received upon personal delivery, or
if mailed, upon the expiration of 48 hours after being deposited in the United
States Mail. Notices may also be delivered by overnight courier in which case
they shall be deemed given on the following day or by facsimile transmission in
which case they shall be deemed delivered upon verification of receipt.
24. Aqreement is Entire Understandinq.
This Agreement, the loan commitment letter executed by City and dated
, 2003, the Component Development Agreements, the Regulatory
Agreements, and the Loan Agreements (and related deed(s) of trust and
promissory note(s) constitute the entire understanding and agreement of the
Parties with respect to the subject matter hereof and supersede all prior
negotiations, understandings or agreements pertaining thereto.
25. Exhibits.
The following Exhibits are attached hereto and incorporated herein by this
reference:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement may be executed in counterparts, each of which shall be
an original, and all of which taken together shall constitute one agreement.
27. Recordation; Further Assurances.
Development Agreement
Fairway Ranch Senior Housing Component
Page 15 of 16
633098-2
City shall record a copy of this Agreement within ten days following
execution by all Parties. The Parties agree to execute such additional
instruments and to undertake such actions as may be necessary to effectuate the
intent of this Agreement.
28. Relationship of Fairwav Ranch Development Aqreement and Component
Development Aqreement. '
Although this Agreement does not include all of the provisions of the
Fairway Ranch Development Agreement, including but not limited to the
provisions of the Fairway Ranch Development Agreement related to phasing of
development of Parcels 1, 2 and 3 and compliance with City's Inclusionary
Zoning Regulations, the provisions of the Fairway Ranch Development
Agreement related to phasing and compliance with the City's Inclusionary Zoning
Regulations may restrict the timing of development of the Multifamily Component.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first written above.
CITY OF DUBLIN
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEVELOPER
By:
Print Name:
Its:
Development Agreement
Fairway Ranch Senior Housing Component
Page 16 of 16
633098-2
State of California )
)
County of Alameda )
On , 2003, before me, the undersigned, a Notary Public,
in and for said State and County, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary Public
-/f
I
Exhibit A
LEGAL DESCRIPTION OF PROPERTY
Parcel_ of Tract Map 7453, recorded.
11
Exhibit B
ADDITIONAL CONDITIONS
This Exhibit B contains Additional Conditions imposed pursuant to Section
5.3 of the Development Agreement ("Agreement"), by and between the City of
Dublin, a Municipal Corporation ("City") and Chang Su-Q-Lin, Hong Lien Un and
Hong Yao Lin (collectively, the "Developer") dated as of ,2003.
Capitalized terms used but not defined herein shall have the meanings ascribed
to such terms in the Agreement.
5.3.1 SubseQuent Discretionary Approvals
None.
5.3.2 Mitiaation Conditions
A. Infrastructure SeQuencina Proaram. The infrastructure
sequencing program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. _of the City of Dublin Planning
Commission approving the Tentative Map for Tract 7453 and the City Council
Resolution approving the Site Development Review (hereafter "TM and SDR
Resolutions"), and those described below shall be completed by Developer to
the satisfaction of the City Engineer at the times and in the manner specified in
the TM Resolution unless otherwise provided below. All such roadway
improvements shall be constructed to the satisfaction and requirements of City's
Engineer.
-Condition _ [Dublin Boulevard/Dougherty Road Intersection
Improvements]:
Condition
reads as follows:
Intersection of Dougherty Road & Dublin Blvd.
In the event that the City does not have sufficient
Category 2 Eastern Dublin Traffic Impact Fee (T1F)
funds available, Developer shall advance the City
monies for the costs of design, right-of-way
acquisition and construction of the City Capital
Improvement Project at the Dublin Boulevard /
Dougherty Road intersection. The amount of money
to be advanced will be determined by the City
Development Agreement - Exhibit B
Fairway Ranch Senior Housing Component
Page 1 of 6
633098-2
7
Engineer based on the Project's fair share of the
deficiency. Such payment is to be made within 30
days of written notice from the City Engineer. City
shall provide a credit to the Developer for Category 2
T1F for any monies advanced pursuant to this
condition. The City's Administration Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No.
23-99) shall govern all aspects of the credit.
DEVELOPER shall provide CITY with DEVELOPER's fair
share, as determined by CITY on the basis of the Project's trips, for
the costs of design and construction of Dublin Boulevard/Dougherty
Road Intersection Improvements by a payment to CITY in cash in
the amount of the Project's fair share of the deficiency, if any,
between funds available to CITY for the costs of design and
construction of Dublin Boulevard/Dougherty Road Intersection
Improvements and the cost of such project, as determined by the
Public Works Director. Such payment to be made within 30 days of
written notice from the Public Works Director to be given following
bid opening.
Notwithstanding the provisions of Section _ of this
Agreement, Condition _ shall survive termination of this
Agreement.
(ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Drainaae
Development Agreement - Exhibit B
Fairway Ranch Senior Housing Component
Page 2 of 6
633098-2
The storm drainage systems off site, as well as on site drainage systems
to the areas to be occupied, shall be improved consistent with the Dublin Ranch
Master Drainage Plan and the tentative map conditions of approval and to the
satisfaction of the City Engineer
(v) Other Utilities (e.~. ~as, electricity, cable televisions,
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
B. Miscellaneous
(i) Completion of Public Improvements May Be Deferred.
Notwithstanding the foregoing, City's Engineer may, in his or her
sole discretion and upon receipt of documentation in a form satisfactory to the
City Engineer that assures completion, allow Developer to defer completion of
discrete portions of any public improvements for the Project if the Public Works
Director determines that to do so would not jeopardize the public health, safety or
welfare.
5.3.3 Phasin~; Timin~
This Agreement does not require the Developer to commence or complete
development of the Project within any period of time set by City. Subject to the
provisions of the Fairway Ranch Development Agreement, Developer shall be
permitted to develop the Property in accordance with its own time schedule,
consistent with the Project Approvals.
5.3.4 Financin~ Plan
Developer shall install all improvements necessary for the Project at its
own cost (subject to credits for any improvements which qualify for credits as
provided in Section 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in Sections 5.3.2(A)(ii) and (iii) above.
Development Agreement - Exhibit B
Fairway Ranch Senior Housing Component
Page 3 of 6
633098-2
Pursuant to the terms of that certain loan agreement entered into by and
between City and Developer ("Loan Agreement"), and provided that Developer
has complied with all terms and conditions of the Loan Agreement, City shall
provide a loan to Developer to provide partial financing for construction of the
Project's affordable units.
5.3.5 Fees, Dedications
A. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
Issuance.
Developer further agrees that it will pay a minimum of three percent
(3%) of the "Section 1/Category 1" portion of the TIF in cash.
Developer also agrees that it will pay 12.4% of the "Section 2/Category 2"
portion of the TIF in cash. If City amends its TIF fee and as a result the City's
outstanding balance due on loans is less than 12.4% of total Section 2/Category
2 improvements, the Developer shall pay such reduced percentage of the
"Section 2/Category 2" portion of the TIF in cash.
Developer may use any credits it has for payment of the balance of the
TIF in accordance with City's Administrative Guidelines for Eastern Dublin Traffic
Impact Fees (Resolution No. 23-99 "TIF Guidelines").
B. Traffic Impact Fee to Reimburse Pleasanton for Freewav
Interchanaes.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98
and by any subsequent resolution which revises such Fee. Developer will pay
such fees no later than the time of issuance of building permits and in the
amount of the impact fee in effect at time of building permit issuance.
C. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 214-02, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the then-current amount of the fee. Developer may use the
credits for payment of the Community Park Land portion of the Public Facilities
Development Agreement - Exhibit B
Fairway Ranch Senior Housing Component
Page 4 of 6
633098-2
Fee granted to the Un Family by the Master Development Agreement in
accordance with City's Public Facilities Fee Guidelines (Resolution 195-99).
D. Noise Mitiaation Fee.
Developer shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the fee in effect at time of building permit issuance.
E. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
California Government Code Section 53080 and the agreement between
Developer and the Dublin Unified School District regarding payment of mitigation
fees.
F. Fire Impact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Developer may use any credits it has for payment of the fire facilities fee,
provided credits for improvements, land and equipment may only be used to
satisfy payment of the same components of the fire facilities fee.
G. Tri-Valley Transportation Development Impact Fee.
Developer shall pay the Tri-Valley Transportation Development Fee
in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or
any subsequent resolution which revises such fee. Developer will pay such fees
no later than the time of issuance of building permits and in the amount of the
impact fee in effect at time of building permit issuance.
5.3.6 Credit
A. Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if
such improvements are constructed by the Developer in their ultimate location.
All aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines").
Development Agreement - Exhibit B
Fairway Ranch Senior Housing Component
Page 5 of 6
633098-2
e,z--
B. Traffic Impact Fee Right-of-Way Dedications -- Credit
City shall provide a credit to Developer for any TIF area right-of-
way to be dedicated by Developer to City which is required for improvements
which are described in the resolution establishing the Eastern Dublin Traffic
Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines.
5.3.7 Miscellaneous
A. Affordable Units
In accordance with the City's Inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68), the Fairway Ranch Development Agreement and
the Regulatory Agreement, Developer shall ensure that 292 housing units
constructed as part of the Project shall be available for a period of not less than
55 years to households of very low, low- and moderate-income at affordable
housing cost as follows:
Senior Housing Component
--131 moderate income units
--99 low income units
--64 very low income units
B. Survival.
The provisions of this Section 5.3.7 shall survive the expiration of the term
of the Agreement.
Development Agreement - Exhibit B
Fairway Ranch Senior Housing Component
Page 6 of6
633098-2
Recording requested by and
when recorded, return to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Ann: City Clerk
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
Chang Su-O-Lin, Hong Lien Lin and Hong Yao Lin
DUBLIN RANCH
FAIRWAY RANCH MULTIFAMILY COMPONENT
IIUV\. LQ. L-
G
THIS DEVELOPMENT AGREEMENT (this "Agreement"), dated for
reference purposes as of , 2003, is entered into by and between
the City of Dublin, a Municipal Corporation ("City"), and Chang Su-O-Lin, Hong
Lien Lin and Hong Yao Lin ( collectively, the "Developer"). City and Developer
are hereafter collectively referred to as the "Parties."
RECITALS
A. California Government Code Section 65864 et seq. and Chapter
8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City
to enter into an agreement for the development of real property with any person
having a legal or equitable interest in such property in order to establish certain
development rights in such property.
B. Developer holds legal interest in certain real property (the
"Property") consisting of approximately acres of land, located in the
City of Dublin, County of Alameda, which property is designated as Parcel 2 on
Tentative Tract Map No. 7453 and which is more particularly described in
Exhibit A attached hereto.
C. The Dublin City Council ("City Council") adopted the Eastern Dublin
Specific Plan ("Plan") by Resolution No. 53-93 which Plan is applicable to the
Property and requires the developer of the Property to enter into a development
agreement with City.
D. The Developer and City are parties to that certain Master
Development Agreement between the City of Dublin and the Un Family for the
Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) ("Master Development
Agreement"), which agreement requires the developer of the Property to enter
into this development agreement with City, provided that such development
agreement does not impair any developer's rights under the Master Development
Agreement.
E. Developer proposes to develop the Property for multi-family
housing (the "Multifamily Component") which shall consist of 304 multi-family
rental units, of which 243 units shall be affordable units available at affordable
rents to households of very low, low and moderate-income pursuant to the City's
Inclusionary Zoning Ordinance (Chapter 8.68) (the "Project"). As more
particularly described in the Affordable Housing Regulatory Agreement executed
or to be executed by and between City and Developer ("Regulatory
Agreement"), the Developer and its successors in interest shall be required to
maintain the affordability of the affordable units and the availability of such units
to households of the specified income levels for not less than 55 years.
F. Developer has applied for, and City has approved or is processing,
various land use approvals in connection with the development of the Project.
Development Agreement
Fairway Ranch Multifamily Component
Page 1 of 16
631035-2
Developer has also applied for, and City has approved or is processing, similar
land use approvals in connection with the development of Parcels 1 and 3 of
Tract 7453. The land use approvals for the Multifamily Component include
Tentative Tract Map for Tract 7453 (Planning Commission Resolution No. 03- ),
and a density bonus of 59 units and site development review (City Council
Resolution No. _ (collectively, the "Project Approvals").
G. Developer and City have entered into a development agreement
that, among other things, addresses phasing of development for Parcel 1 (Senior
Housing Component), Parcel 2 (Multifamily Component) and Parcel 3
(Condominium Component) of Tract 7453 (the "Fairway Ranch Development
Agreement"). Developer and City have also entered into development
agreements specifically for the Senior Housing Component and the
Condominium Component (the "Component Development Agreements").
H. City desires the timely, efficient, orderly and proper development of
the Project, and City and Developer desire to facilitate development of the
Project in accordance with and subject to the terms and conditions set forth
herein.
I. The City Council has reviewed and evaluated this Agreement in
accordance with Chapter 8.56, and has found that this Agreement is consistent
with the City's General Plan and the Eastern Dublin Specific Plan.
J. Pursuant to the California Environmental Quality Act (CEQA), the
City Council adopted Resolution No. _, finding that the Project is exempt
from CEOA pursuant to Government Code S65457. In making such
determination and determining that there are no supplemental impacts that would
require preparation of a Supplemental EIR, the City prepared an Initial Study
which found that the environmental impacts of the Project were addressed by the
Negative Declaration approved by the City Council by Resolution No. 140-97 for
the Planned Development Rezoning for 453 acres of Dublin Ranch which
includes the Property and the Project and the Environmental Impact Report for
the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064)
which was certified by the Council by Resolution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EIR").
K. On , 2003, the City Council adopted Ordinance No. _
approving this Agreement. The ordinance took effect on , 2003.
NOW, THEREFORE, with reference to the foregoing recitals and
inconsideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows.
1. Description of Property.
Development Agreement
Fairway Ranch Multifamily Component
Page 2 of 16
631035-2
The property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1
Date") is
Effective Date. The effective date of this Agreement ("Effective
, 2003, which is the effective date of City Ordinance No.
, adopting this Agreement.
4.2 Term. The term of this Agreement shall commence on the
Effective Date and shall terminate on the fifth anniversary of such date, unless
this Agreement is otherwise terminated or extended pursuant to the terms hereof.
Notwithstanding anything to the contrary contained herein or in the Site
Development Review approval: (i) provided that construction of the Project has
commenced prior to the fifth anniversary of the Effective Date of this Agreement,
the Site Development Review approval shall remain effective for five years
following the Effective Date of this Agreement, and (ii) provided that certificates
of occupancy have been issued for either the entire Multi-Family Component or
the entire Senior Housing Component prior to expiration of the term of this
Agreement, the Site Development Review approval (Resolution No. -> shall
remain effective until the tenth anniversary of the Effective Date.
4.3 Optional Extension. Prior to the termination of this Development
Agreement, as provided in Section 4.2, Developer may extend the term of the
Development Agreement. To do so, Developer shall give City written notice at
least 90 days prior to the termination date of the Development Agreement. At the
time Developer provides such notice, Developer shall make a contribution to City
in the amount of One Hundred Thousand Dollars ($100,000). Upon receipt of the
notice and the contribution, the City Manager shall approve the extension and
shall notify the Developer in writing that the term of the Development Agreement
has been automatically extended for an additional one-year period, commencing
on the date the Development Agreement would otherwise have terminated. The
Development Agreement
Fairway Ranch Multifamily Component
Page 3 of 16
631035-2
Developer may exercise its option to extend the Development Agreement no
more than five times, for a maximum total term of the Development Agreement of
ten years. The total contribution for the maximum extension of five years will be
Five Hundred Thousand Dollars ($500,000). Notwithstanding anything to the
contrary in this Section, if Developer has provided the notice and contribution to
extend one of the Component Development Agreements, Developer shall not be
required to provide the $100,000 contribution to extend the term of this
Development Agreement and this Agreement will automatically be extended to
be coterminous with such Component Development Agreement.
5. Use of the Property.
5.1 Riqht to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals, and any amendments to any of them as shall,
from time to time, be approved pursuant to this Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
and any other approvals required by other regulatory agencies.)
None
5.3.2 Mitiqation Conditions. Additional or modified conditions
agreed upon by the Parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasinq, Timinq. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
Development Agreement
Fairway Ranch Multifamily Component
Page 4 of 16
631035-2
See Exhibit B
5.3.4 Financinq Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees. Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules, Requlations and Official Policies.
6.1 Rules Reqardinq Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property, the density and intensity of use of
the Property, and the maximum height, bulk and size of proposed buildings shall
be those in force and effect on the Effective Date hereof.
6.2 Rules Reqardinq Desiqn and Construction. Unless otherwise
expressly provided in Section 5 or Exhibit B attached hereto, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect on the Effective Date hereof. Ordinances, resolutions,
rules, regulations and official policies governing design, improvement and
construction standards and specifications applicable to public improvements to
be constructed by Developer shall be those in force and effect at the time the
applicable permit approval is granted.
6.3 Uniform Codes Applicable. Unless otherwise expressly provided in
Section 5 or Exhibit B attached hereto, the Project shall be constructed in
accordance with the provisions of the Uniform Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, in effect at the time of approval of the appropriate
building, grading, or other construction permits for the Project.
7. SubseQuentlv Enacted Rules and Requlations.
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7.1 New Rules and ReQulations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date and which are not in conflict with those applicable to the
Property as set forth in this Agreement if: (a) the application of such new or
modified ordinances, resolutions, rules, regulations or official policies would not
prevent, impose a substantial financial burden on, or materially delay
development of the Property as contemplated by this Agreement and the Project
Approvals, and (b) if such ordinances, resolutions, rules, regulations or official
policies have general applicability.
7.2 Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent discretionary
land use approval for the Project on the basis of the ordinances, resolutions,
rules, regulations and policies in effect at the time of such approval.
7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in California Government Code S 8558.
8. Subsequentlv Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications", City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B). The City shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit B, Section 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement.
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8.3 New Taxes. Any subsequently enacted City-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the California Constitution, and Developer does not return its ballot,
Developer agrees, on behalf of itself and its successors, that City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
charge.
9. Amendmentor Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the Effective Date
prevent or preclude compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City, the Parties shall
meet and confer in good faith in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation. Any such amendment or
suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56.
9.2 Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the Parties and in accordance
with the procedures of state law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions of
Section 9.2, any amendments to this Agreement which do not relate to (a) the
term of the Agreement as provided in Section 4.2; (b) the permitted uses of the
Property as provided in Section 5.2; (c) provisions for "significant" reservation or
dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (e) the density or intensity of
use of the Project; (f) the maximum height or size of proposed buildings; (g)
monetary contributions by Developer; (h) the affordable housing units to be
constructed as part of the Project (including without limitation, the number,
location, size, affordability level, or timing of the construction of such units); (i)
public improvements to be constructed by Developer; 0) the accrual or use of
the Affordable Unit Credits described in Section 5.3.7B of Exhibit B; or (h) the
exemption from Commercial Linkage Fee described in Section 5.37.C of Exhibit
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B shall not, except to the extent otherwise required by law, require notice or
public hearing before either the Planning Commission or the City Council before
the Parties may execute an amendment hereto. City's Public Works Director
shall determine whether a reservation or dedication is "significant".
9.4 Amendment of Proiect Approvals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the Developer; (g) public improvements to be
constructed by Developer; (h) the affordable housing units to be constructed as
part of the Project (including without limitation, the number, location, size,
affordability level, or timing of the construction of such units); (i) the accrual or
use of the Affordable Housing Credits described in Section 5.3.7B of Exhibit B; or
U) the exemption from Commercial Linkage Fee described in Section 5.3.7C of
Exhibit B shall require an amendment of this Agreement. Such amendment shall
be limited to those provisions of this Agreement which are implicated by the
amendment of the Project Approval. Any other amendment of the Project
Approvals, or any of them, shall not require amendment of this Agreement unless
the amendment of the Project Approval(s) relates specifically to some provision
of this Agreement.
9.5 Cancellation bv Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the Parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Section 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by City.
10. Term of Proiect Approvals.
Pursuant to California Government Code Section 66452.6(a), the term of
the tentative tract map described in Recital F above shall automatically be
extended for the term of this Agreement. The term of any other Project Approval
shall be extended only if so provided in Exhibit B or Section 4.2.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2004 and each July 15 to August 15 thereafter.
11.2 Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
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Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of this Agreement. The
Developer shall have the burden of proving such compliance by substantial
evidence.
11.3 Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits relating to
this Agreement at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an event of
default hereunder, the Parties may pursue all other remedies at law or in equity
which are not otherwise provided for in this Agreement or in City's regulations
governing development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either Party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damaqes Aqainst City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded againstCity
upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Either Party may, at any time, and from time to time, request the other
Party to provide a written certification that: (a) this Agreement is in full force and
effect and a binding obligation of the Parties, (b) this Agreement has not been
amended or modified either orally or in writing, or if amended, identifying such
amendments in the certification, and (c) to the knowledge of the certifying Party,
the requesting Party is not in default in the performance of its obligations under
this Agreement, or if in default, to desc.ribe in the certification the nature and
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amount of any such defaults. A Party receiving a request hereunder shall
execute and return such certification within thirty (30) days following the receipt
of such request, or such longer period as may reasonably be agreed to by the
Parties. City Manager of City shall be authorized to execute any certification
requested by Developer. Should the Party receiving the request not execute and
return such certification within the applicable period, this shall not be deemed to
be a default, provided such Party shall be deemed to have certified that the
statements in clauses (a) through (c) of this section are true, and any party may
rely on such deemed certification.
Any request by Developer for a written certification to a third party shall be
accompanied by payment to City of a fee for such certification in an amount
established by the Council from time to time.
14. MortQaQee Protection: Certain Riqhts of Cure.
14.1 MortQaQee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, the purchaser at any trustee's sale or foreclosure sale shall not be
liable for any violation hereof occurring prior to the acquisition of title by such
purchaser but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property,
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure,
or otherwise.
14.2 MortQaqee Not Obliqated. Notwithstanding the provisions of
Section 14.1, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3 Notice of Default to Mortqaqee and Extension of Riqht to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Developer with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
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right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-day cure period
provided in Section 12.2 for not more than an additional sixty (60) days upon
request of Developer or a Mortgagee.
15. Severability.
The unenforceability, invalidity or illegality of any provision, covenant,
condition or term of this Agreement shall not render the other provisions hereof
unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
If City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs in addition to any other
relief to which it may otherwise be entitled. If any person or entity not a party to
this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the Parties shall
cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable court costs and attorneys' fees expended by City in defense of any
such action or other proceeding.
17. Transfers and Assiqnments.
17.1 Riqht to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a "Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer which arise
hereunder and pertain to the portion of the Property being sold or transferred to
such Transferee; provided, however that: no such transfer, sale or assignment of
Developer's rights, interests and obligations hereunder shall occur by operation
of law or otherwise absent prior written notice to City and written approval thereof
by the City Manager, which approval shall not be unreasonably withheld or
delayed.
17.2 Approval and Notice of Sale, Transfer or Assiqnment. The City
Manager shall consider and decide on any proposed transfer, sale or assignment
of Developer's rights, interests and obligations hereunder within ten business
(10) days following receipt of Developer's notice, provided all documents,
certifications and other information reasonably requested by City are provided to
the City Manager to enable the City Manager to determine whether the proposed
Transferee can perform the Developer's obligations hereunder. Notice of any
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such approved sale, transfer or assignment (including a description of all rights,
interests and obligations that have been transferred and those which have been
retained by Developer) shall be recorded in the official records of Alameda
County, in a form acceptable to the City Manager, concurrently with such sale,
transfer or assignment.
17.3 Effect of Sale, Transfer or Assiqnment. Developer shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to this Section 17, provided that: a) such sale, transfer or
assignment has been approved by the City Manager pursuant to this Section 17,
b) such obligations are expressly assumed by Transferee, and (c) such
Transferee shall be subject to all the provisions hereof and shall provide all
documents, certifications and other information reasonably requested by City
prior to City Manager approval pursuant to this Section 17.
17.4 Permitted Transfer, Purchase or Assiqnment. The sale or other
transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a third-party deed of trust encumbering
Developer's interest in the Property shall not require City Manager approval
pursuant to this Section 17. However, any subsequent transfer, sale or
assignment by such Purchaser to a subsequent transferee, purchaser, or
assignee shall be subject to the provisions of this Section.
18. Aqreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement (with the exception of City's obligation to provide financing to
Developer pursuant to the Loan Agr~ement) shall be binding upon the Parties
and their respective heirs, successors and assignees, representatives, lessees,
and all other persons acquiring the Property, or any portion thereof, or any
interest therein, whether by operation of law or in any manner whatsoever. All of
the provisions of this Agreement shall constitute covenants running with the land
pursuant to applicable laws. Each covenant to do, or refrain from doing, any act
on or with respect to the Property pursuant to this Agreement: (a) is for the
benefit of or is a burden upon the Property, (b) runs with the land, and (c) is
binding upon the Developer and each successive owner during its ownership of
the Property or any portion thereof.
19. Bankruptcy.
The obligations of Developer under this Agreement shall not be
dischargeable in bankruptcy.
20. Indemnification; Prevailinq Waqes.
20.1 Indemnification.
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Developer agrees to indemnify, defend and hold harmless City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors, subcontractors,
agents, or employees in connection with the construction, improvement,
operation, or maintenance of the Property and the Project, provided that
Developer shall have no indemnification obligation with respect to the gross
negligence or willful misconduct of City, its contractors, subcontractors, agents or
employees or with respect to the maintenance, use or condition of any
improvement after the time it has been dedicated to and accepted by the City or
another public entity (except as provided in an improvement agreement or
maintenance bond).
20.2 Prevailinq Waqes. The Parties acknowledge that the Project or
phases of it are intended by Developer to be exempt from California Labor Code
Section 1720 et seq. and the regulations adopted pursuant thereto ("Prevailing
Wage Laws") by virtue of Labor Code Section 1720(d). If for any reason, the
Prevailing Wage Laws are found to be applicable to the Project, Developer and
its contractors shall comply with such laws. Developer shall, and hereby agrees
to, unconditionally indemnify, reimburse, defend, protect and hold harmless City
and its elective and appointive boards, commissions, officers, agents, attorneys,
consultants and employees, and their respective successors and assigns, from
and against any and all claims, demands, suits and actions at law or in equity,
and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or
other relief, and costs and damages of every kind, nature and description
(including but not limited to attorneys' fees and court costs, with counsel
reasonably acceptable to City), and administrative, enforcement or judicial
proceedings, whether known or unknown, and which directly or indirectly, in
whole or in part, are caused by, arise from, or relate to, or are alleged to be
caused by, arise from, or relate to, the payment or requirement of payment of
prevailing wages or the requirement of competitive bidding in the construction of
the Project, the failure to comply with any state or federal labor laws, regulations
or standards in connection with this Agreement, including but not limited to the
Prevailing Wage Laws, or any act or omission of City or Developer related to this
Agreement with respect to the payment or requirement of payment of prevailing
wages or the requirement of competitive bidding, whether or not any insurance
policies shall have been determined to be applicable to any such claims,
demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders,
judgments, injunctive or other relief, costs, damages, or administrative,
enforcement or judicial proceedings. It is further agreed that City does not, and
shall not, waive any rights against Developer which it may have by reason of this
indemnity and hold harmless agreement because of the acceptance by City, or
the deposit with City by Developer, of any of the insurance policies described in
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this Agreement. The representations, warranties and covenants contained in this
Section shall survive the termination of this Agreement.
21. Insurance.
21.1 Public Liability and Property Damaqe Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than five million dollars ($5,000,000) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2 Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of City.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
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Notices required to be given to Developer shall be addressed as follows:
A Party may change address by giving notice in writing to the other
party and thereafter all notices shall be addressed and transmitted to the new
address. Notices shall be deemed given and received upon personal delivery, or
if mailed, upon the expiration of 48 hours after being deposited in the United
States Mail. Notices may also be delivered by overnight courier in which case
they shall be deemed given on the following day or by facsimile transmission in
which case they shall be deemed delivered upon verification of receipt.
24. AQreement is Entire UnderstandinQ.
This Agreement, the loan commitment letter executed by City and dated
, 2003, the Component Development Agreements, the Regulatory
Agreements, and the Loan Agreements (and related deed(s) of trust and
promissory note(s) constitute the entire understanding and agreement of the
Parties with respect to the subject matter hereof and supersede all prior
negotiations, understandings or agreements pertaining thereto.
25. Exhibits.
The following Exhibits are attached hereto and incorporated herein by this
reference:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement may be executed in counterparts, each of which shall be
an original, and all of which taken together shall constitute one agreement.
27. Recordation; Further Assurances.
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City shall record a copy of this Agreement within ten days following
execution by all Parties. The Parties agree to execute such additional
instruments and to undertake such actions as may be necessary to effectuate the
intent of this Agreement.
28. Relationship of Fairwav Ranch Development Aqreement and Component
Development Aqreement.
Although this Agreement does not include all of the provisions of the
Fairway Ranch Development Agreement, including but not limited to the
provisions of the Fairway Ranch Development Agreement related to phasing of
development of Parcels 1, 2 and 3 and compliance with City's Inclusionary
Zoning Regulations, the provisions of the Fairway Ranch Development
Agreement related to phasing and compliance with the City's Inclusionary Zoning
Regulations may restrict the timing of development of the Multifamily Component.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first written above.
CITY OF DUBLIN
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEVELOPER
By:
Print Name:
Its:
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State of California )
)
County of Alameda )
On , 2003, before me, the undersigned, a Notary Public,
in and for said State and County, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary Public
IO(
Exhibit A
LEGAL DESCRIPTION OF PROPERTY
Parcel_ of Tract Map 7453, recorded.
Exhibit B
ADDITIONAL CONDITIONS
This Exhibit B contains Additional Conditions imposed pursuant to Section
5.3 of the Development Agreement ("Agreement"), by and between the City of
Dublin, a Municipal Corporation ("City") and Chang Su-O-Lin, Hong Lien Lin and
Hong Yao Lin (collectively, the "Developer") dated as of ,2003.
Capitalized terms used but not defined herein shall have the meanings ascribed
to such terms in the Agreement.
5.3.1 Subsequent Discretionary Approvals
None.
5.3.2 Mitiaation Conditions
A. Infrastructure SeQuencina Proaram. The infrastructure
sequencing program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. _of the City of Dublin Planning
Commission approving the Tentative Map for Tract 7453 and the City Council
Resolution approving the Site Development Review (hereafter "TM and SDR
Resolutions"), and those described below shall be completed by Developer to
the satisfaction of the City Engineer at the times and in the manner specified in
the TM Resolution unless otherwise provided below. All such roadway
improvements shall be constructed to the satisfaction and requirements of City's
Engineer.
-Condition _ [Dublin Boulevard/Dougherty Road Intersection
Improvements]:
Condition
reads as follows:
Intersection of Dougherty Road & Dublin Blvd.
In the event that the City does not have sufficient
Category 2 Eastern Dublin Traffic Impact Fee (T1F)
funds available, Developer shall advance the City
monies for the costs of design, right-of-way
acquisition and construction of the City Capital
Improvement Project at the Dublin Boulevard /
Dougherty Road intersection. The amount of money
to be advanced will be determined by the City
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Engineer based on the Project's fair share of the
deficiency. Such payment is to be made within 30
days of written notice from the City Engineer. City
shall provide a credit to the Developer for Category 2
T1F for any monies advanced pursuant to this
condition. The City's Administration Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No.
23-99) shall govern all aspects of the credit.
DEVELOPER shall provide CITY with DEVELOPER's fair
share, as determined by CITY on the basis of the Project's trips, for
the costs of design and construction of Dublin Boulevard/Dougherty
Road Intersection Improvements by a payment to CITY in cash in
the amount of the Project's fair share of the deficiency, if any,
between funds available to CITY for the costs of design and
construction of Dublin Boulevard/Dougherty Road Intersection
Improvements and the cost of such project, as determined by the
Public Works Director. Such payment to be made within 30 days of
written notice from the Public Works Director to be given following
bid opening.
Notwithstanding the provisions of Section _ of this
Agreement, Condition _ shall survive termination of this
Agreement.
(ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Draina~e
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The storm drainage systems off site, as well as on site drainage systems
to the areas to be occupied, shall be improved consistent with the Dublin Ranch
Master Drainage Plan and the tentative map conditions of approval and to the
satisfaction of the City Engineer
(v) Other Utilities (e.~. ~as, electricity, cable televisions,
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
B. Miscellaneous
(i) Completion of Public Improvements May Be Deferred.
Notwithstanding the foregoing, City's Engineer may, in his or her
sole discretion and upon receipt of documentation in a form satisfactory to the
City Engineer that assures completion, allow Developer to defer completion of
discrete portions of any public improvements for the Project if the Public Works
Director determines that to do so would not jeopardize the public health, safety or
welfare.
5.3.3 Phasin~; Timin~
This Agreement does not require the Developer to commence or complete
development of the Project within any period of time set by City. Subject to the
provisions of the Fairway Ranch Development Agreement, Developer shall be
permitted to develop the Property in accordance with its own time schedule,
consistent with the Project Approvals.
5.3.4 Financin~ Plan
Developer shall install all improvements necessary for the Project at its
own cost (subject to credits for any improvements which qualify for credits as
provided in Section 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in Sections 5.3.2(A)(ii) and (iii) above.
Development Agreement - Exhibit B
Fairway Ranch Multifamily Component
Page 3 of 16
631035-2
Pursuant to the terms of that certain loan agreement entered into by and
between City and Developer ("Loan Agreement"), and provided that Developer
has complied with all terms and conditions of the Loan Agreement, City shall
provide a loan to Developer to provide partial financing for construction of the
Project's affordable units.
5.3.5 Fees, Dedications
A. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
issuance.
Developer further agrees that it will pay a minimum of three percent
(3%) of the "Section 1/Category 1" portion of the TIF in cash.
Developer also agrees that it will pay 12.4% of the "Section 2/Category 2"
portion of the TIF in cash. If City amends its TIF fee and as a result the City's
outstanding balance due on loans is less than 12.4% of total Section 2/Category
2 improvements, the Developer shall pay such reduced percentage of the
"Section 2/Category 2" portion of the TIF in cash.
Developer may use any credits it has for payment of the balance of the
TIF in accordance with City's Administrative Guidelines for Eastern Dublin Traffic
Impact Fees (Resolution No. 23-99 "TIF Guidelines").
B. Traffic Impact Fee to Reimburse Pleasanton for Freewav
Interchan~es.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98
and by any subsequent resolution which revises such Fee. Developer will pay
such fees no later than the time of issuance of building permits and in the
amount of the impact fee in effect at time of building permit issuance.
c. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 214-02, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the then-current amount of the fee. Developer may use the
credits for payment of the Community Park Land portion of the Public Facilities
Development Agreement - Exhibit B
Fairway Ranch Multifamily Component
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631035-2
Fee granted to the Un Family by the Master Development Agreement in
accordance with City's Public Facilities Fee Guidelines (Resolution 195-99).
D. Noise Miti~ation Fee.
Developer shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the fee in effect at time of building permit issuance.
E. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
California Government Code Section 53080 and the agreement between
Developer and the Dublin Unified School District regarding payment of mitigation
fees.
F. Fire Impact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Developer may use any credits it has for payment of the fire facilities fee,
provided credits for improvements, land and equipment may only be used to
satisfy payment of the same components of the fire facilities fee.
G. Tri-Valley Transportation Development Impact Fee.
Developer shall pay the Tri-Valley Transportation Development Fee
in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or
any subsequent resolution which revises such fee. Developer will pay such fees
no later than the time of issuance of building permits and in the amount of the
impact fee in effect at time of building permit issuance.
5.3.6 Credit
A. Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if
such improvements are constructed by the Developer in their ultimate location.
All aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 (''TIF Guidelines").
Development Agreement - Exhibit B
Fairway Ranch Multifamily Component
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631 035-2
B. Traffic Impact Fee Right-of-Way Dedications -- Credit
City shall provide a credit to Developer for any TIF area right-of-
way to be dedicated by Developer to City which is required for improvements
which are described in the resolution establishing the Eastern Dublin Traffic
Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines.
5.3.7 Miscellaneous
A. Affordable Units
In accordance with the City's Inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68), the Fairway Ranch Development Agreement and
the Regulatory Agreement, Developer shall ensure that 243 housing units
constructed as part of the Project shall be available for a period of not less than
55 years to households of very low, low- and moderate-income at affordable
housing cost as follows:
Multifamily Component
--90 moderate income units
--90 low income units
--63 very low income units
B. Survival.
The provisions of this Section 5.3.7 shall survive the expiration of the term
of the Ag reement.
Development Agreement - Exhibit B
Fairway Ranch Multifamily Component
Page 6 of 16
631035-2
~
'"\"
TH IS DEVELOPMENT AGREEMENT (this "Agreement"), dated for
reference purposes as of , 2003, is entered into by and between
the City of Dublin, a Municipal Corporation ("City"), and Chang Su-O-Lin, Hong
Lien Lin and Hong Yao Lin (collectively, the "Developer"). City and Developer
are hereafter collectively referred to as the "Parties."
RECITALS
A. California Government Code Section 65864 et seq. and Chapter
8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City
to enter into an agreement for the development of real property with any person
having a legal or equitable interest in such property in order to establish certain
development rights in such property.
B. Developer holds legal interest in certain real property (the
"Property") consisting of approximately 26.3 acres of land, located in the City of
Dublin, County of Alameda, which property is designated as Parcels 1, 2 and 3
on Tentative Tract Map No. 7453 and which is more particularly described in
Exhibit A attached hereto.
C. The Dublin City Council ("City Council") adopted the Eastern
Dublin Specific Plan ("Plan") by Resolution No. 53-93 which Plan is applicable to
the Property and requires the developer of the Property to enter into a
development agreement with City.
D. The Developer and City are parties to that certain Master
Development Agreement between the City of Dublin and the Lin Family for the
Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) ("Master Development
Agreement"). The Parties intend to enter into an amendment to the Master
Development Agreement to establish Developer's compliance with the
Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) as
hereinafter set forth.
E. Developer proposes to develop the Property in three phases,
consisting of a total of [930] housing units. The phases are collectively
hereinafter referred to as the "Project". The "Multifamily Component" of the
development shall consist of [304] multi-family rental units, of which [243] units
shall be affordable units available at affordable rents to households of very low,
low and moderate-income pursuant to the City's Inclusionary Zoning Ordinance
(Chapter 8.68). The "Senior Housing Component" of the development shall
consist of [322] multi-family rental units for seniors, of which [292] units shall be
affordable units available at affordable rents to senior households of very low,
low, and moderate-income pursuant to the City's Inclusionary Zoning Ordinance
(Chapter 8.68). Developer shall retain discretion as to the sequence of
construction for the Multifamily Component and the Senior Housing Component.
The third phase of the development ("Condominium Component") shall consist
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20
of [304] condominium units, of which [52] shall be affordable units available at
affordable cost to households of moderate-income pursuant to the City's Zoning
Ordinance (Chapter 8.68). As more particularly described in the Affordable
Housing Regulatory Agreements executed, or to be executed, by and between
City and Developer ("Regulatory Agreements"), the Developer and its
successors in interest shall be required to maintain the affordability of the
affordable units and the availability of such units to households of the specified
income levels for not less than 55 years.
F. Developer has applied for, and City has approved or is processing,
various land use approvals in connection with the development of the Project,
including Vesting Tentative Tract Map for Tract 7453 (Planning Commission
Resolution No. 03- ), a density bonus of 186 units and site development review
City Council Resolution No. _ (collectively the "Project Approvals").
G. Developer is proposing that the affordable units referred to in
Recital E will satisfy the Developer's obligation for compliance with the City's
Inclusionary Zoning Regulations (Dublin Municipal Code Chapter 8.68) for the
Project and for 2,655 units on the rest of Developer's property through affordable
unit credits which can be used on other properties owned by Developer and to
otherwise satisfy the requirements of the Inclusionary Zoning Ordinance for this
Project.
H. Developer anticipates transferring Parcels 1,2 and 3 of Tract 7453
to different legal entities. Developer and City are entering into separate
development agreements for Parcel 1 (Senior Housing Component), Parcel 2
(Multifamily Component) and Parcel 3 (Condominium Component) which
agreements include provisions identical to Sections 1 to 24 and 26 to 27 of this
agreement and Sections _, _ and of Exhibit B (the "Component
Development Agreements"). Developer and City anticipate that Developer
may assign its rights and obligations under such separate development
agreements to the purchasers of Parcels 1, 2 and 3.
I. The Component Development Agreements are required by the
Master Development Agreement, provided such Component Development
Agreements do not impair any of developer's rights under the Master
Development Agreement.
J. The purpose of this Agreement is to provide for certain phasing of
the Project; to establish credits for certain of the affordable units which, upon
completion of the Project, will allow development of Developer's remaining
property without compliance with the Inclusionary Zoning Ordinance in effect now
or hereafter; and to establish a waiver of a potential commercial linkage fee for
the benefit of property owned by Developer.
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K. City desires the timely, efficient, orderly and proper development of
the Project, and City and Developer desire to facilitate development of the
Project in accordance with and subject to the terms and conditions set forth
herein.
L. The City Council has reviewed and evaluated this Agreement in
accordance with Chapter 8.56, and has found that this Agreement is consistent
with the City's General Plan and the Eastern Dublin Specific Plan.
M. Pursuant to the California Environmental Quality Act (CEQA), the
City Council adopted Resolution No. _' finding that the Project is exempt
from CEQA pursuant to Government Code ~65457. In making such
determination and determining that there are no supplemental impacts that would
require preparation of a Supplemental EIR, the City prepared an Initial Study
which found that the environmental impacts of the Project were addressed by the
Negative Declaration approved by the City Council by Resolution No. 140-97 for
the Planned Development Rezoning for 453 acres of Dublin Ranch which
includes the Property and the Project and the Environmental Impact Report for
the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064)
which was certified by the Council by Resolution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EIR").
N. On , 2003, the City Council adopted Ordinance No. _
approving this Agreement. The ordinance took effect on , 2003.
NOW, THEREFORE, with reference to the foregoing recitals and
inconsideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows.
1. Description of Property.
The property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
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construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1
Date") is
Effective Date. The effective date of this Agreement ("Effective
, 2003, which is the effective date of City Ordinance No.
, adopting this Agreement.
4.2 Term. The term of this Agreement shall commence on the
Effective Date and shall terminate on the fifth anniversary of such date, unless
this Agreement is otherwise terminated or extended pursuant to the terms hereof.
Notwithstanding anything to the contrary contained herein or in the Site
Development Review approval: (i) the Site Development Review approval shall
remain effective for five years following the Effective Date of this Agreement, and
(ii) provided that certificates of occupancy have been issued for either the entire
Multi-Family Component or the entire Senior Housing Component prior to
expiration of the term of this Agreement, the Site Development Review approval
(Resolution No. _) shall remain effective until the tenth anniversary of the
Effective Date.
4.3 Optional Extension. Prior to the termination of this Development
Agreement, as provided in Section 4.2, Developer may extend the term of the
Development Agreement. To do so, Developer shall give City written notice at
least 90 days prior to the termination date of the Development Agreement. At the
time Developer provides such notice, Developer shall make a contribution to City
in the amount of One Hundred Thousand Dollars ($100,000). Upon receipt of the
notice and the contribution, the City Manager shall approve the extension and
shall notify the Developer in writing that the term of the Development Agreement
has been automatically extended for an additional one-year period, commencing
on the date the Development Agreement would otherwise have terminated. The
Developer may exercise its option to extend the Development Agreement no
more than five times, for a maximum total term of the Development Agreement of
ten years. The total contribution for the maximum extension of five years will be
Five Hundred Thousand Dollars ($500,000). Notwithstanding anything to the
contrary in this Section, if Developer has provided the notice and contribution to
extend one of the Component Development Agreements, Developer shall not be
required to provide the $100,000 contribution to extend the term of this
Development Agreement and this Agreement will automatically be extended to
be coterminous with such component development agreement.
5. Use of the Property.
5.1 Riqht to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals, and any amendments to any of them as shall,
from time to time, be approved pursuant to this Agreement.
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5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
and any other approvals required by other regulatory agencies.)
None
5.3.2 Mitiqation Conditions. Additional or modified conditions
agreed upon by the Parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasinq, Timinq. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4 Financinq Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
Development Agreement
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"'7
j-'"
1././
5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules. Requlations and Official Policies.
6.1 Rules Reqardinq Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property, the density and intensity of use of
the Property, and the maximum height, bulk and size of proposed buildings shall
be those in force and effect on the Effective Date hereof.
6.2 Rules Reqardinq Desiqn and Construction. Unless otherwise
expressly provided in Section 5 or Exhibit B attached hereto, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect on the Effective Date hereof. Ordinances, resolutions,
rules, regulations and official policies governing design, improvement and
construction standards and specifications applicable to public improvements to
be constructed by Developer shall be those in force and effect at the time the
applicable permit approval is granted.
6.3 Uniform Codes Applicable. Unless otherwise expressly provided in
Section 5 or Exhibit B attached hereto, the Project shall be constructed in
accordance with the provisions of the Uniform Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, in effect at the time of approval of the appropriate
building, grading, or other construction permits for the Project.
7. Subsequently Enacted Rules and Requlations.
7.1 New Rules and Requlations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date and which are not in conflict with those applicable to the
Property as set forth in this Agreement if: (a) the application of such new or
modified ordinances, resolutions, rules, regulations or official policies would not
prevent, impose a substantial financial burden on, or materially delay
development of the Property as contemplated by this Agreement and the Project
Approvals, and (b) if such ordinances, resolutions, rules, regulations or official
policies have general applicability.
7.2 Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent discretionary
land use approval for the Project on the basis of the ordinances, resolutions,
rules, regulations and policies in effect at the time of such approval.
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r'
z:;
7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in California Government Code ~ 8558.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications. City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B). The City shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit B, Section 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement.
8.3 New Taxes. Any subsequently enacted City-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the California Constitution, and Developer does not return its ballot,
Developer agrees, on behalf of itself and its successors, that City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
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charge.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the Effective Date
prevent or preclude compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City, the Parties shall
meet and confer in good faith in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation. Any such amendment or
suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the Parties and in accordance
with the procedures of state law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions of
Section 9.2, any amendments to this Agreement which do not relate to (a) the
term of the Agreement as provided in Section 4.2; (b) the permitted uses of the
Property as provided in Section 5.2; (c) provisions for "significant" reservation or
dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (e) the density or intensity of
use of the Project; (f) the maximum height or size of proposed buildings; (g)
monetary contributions by Developer; (h) the affordable housing units to be
constructed as part of the Project (including without limitation, the number,
location, size, affordability level, or timing of the construction of such units); (i)
public improvements to be constructed by Developer; 0) the accrual or use of
the Affordable Unit Credits described in Section 5.3.7B of Exhibit B; or (h) the
exemption from Commercial Linkage Fee described in Section 5.37.C of Exhibit
B shall not, except to the extent otherwise required by law, require notice or
public hearing before either the Planning Commission or the City Council before
the Parties may execute an amendment hereto. City's Public Works Director
shall determine whether a reservation or dedication is "significant".
9.4 Amendment of Project Approvals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the Developer; (g) public improvements to be
constructed by Developer; (h) the affordable housing units to be constructed as
part of the Project (including without limitation, the number, location, size,
affordability level, or timing of the construction of such units); (i) the accrual or
use of the Affordable Housing Credits described in Section 5.3.7B of Exhibit B; or
0) the exemption from Commercial Linkage Fee described in Section 5.3.7C of
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Exhibit B shall require an amendment of this Agreement. Such amendment shall
be limited to those provisions of this Agreement which are implicated by the
amendment of the Project Approval. Any other amendment of the Project
Approvals, or any of them, shall not require amendment of this Agreement unless
the amendment of the Project Approval(s) relates specifically to some provision
of this Agreement.
9.5 Cancellation by Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the Parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Section 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by City.
10. Term of Proiect Approvals.
Pursuant to California Government Code Section 66452.6(a), the term of
the tentative tract map described in Recital F above shall automatically be
extended for the term of this Agreement. The term of any other Project Approval
shall be extended only if so provided in Exhibit B or Section 4.2.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2004 and each July 15 to August 15 thereafter.
11.2 Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of this Agreement. The
Developer shall have the burden of proving such compliance by substantial
evidence.
11.3 Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits relating to
this Agreement at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
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12. Default.
12.1 Other Remedies Available. Upon the occurrence of an event of
default hereunder, the Parties may pursue all other remedies at law or in equity
which are not otherwise provided for in this Agreement or in City's regulations
governing development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either Party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damaqes Aqainst City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against City
upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Either Party may, at any time, and from time to time, request the other
Party to provide a written certification that: (a) this Agreement is in full force and
effect and a binding obligation of the Parties, (b) this Agreement has not been
amended or modified either orally or in writing, or if amended, identifying such
amendments in the certification, and (c) to the knowledge of the certifying Party,
the requesting Party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe in the certification the nature and
amount of any such defaults. A Party receiving a request hereunder shall
execute and return such certification within thirty (30) days following the receipt
of such request, or such longer period as may reasonably be agreed to by the
Parties. City Manager of City shall be authorized to execute any certification
requested by Developer. Should the Party receiving the request not execute and
return such certification within the applicable period, this shall not be deemed to
be a default, provided such Party shall be deemed to have certified that the
statements in clauses (a) through (c) of this section are true, and any party may
rely on such deemed certification.
Any request by Developer for a written certification to a third party shall be
accompanied by payment to City of a fee for such certification in an amount
established by the Council from time to time.
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14. Mortqaqee Protection; Certain Riqhts of Cure.
14.1 Mortqaqee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, the purchaser at any trustee's sale or foreclosure sale shall not be
liable for any violation hereof occurring prior to the acquisition of title by such
purchaser, but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property,
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure,
or otherwise.
14.2 Mortqaqee Not Obliqated. Notwithstanding the provisions of
Section 14.1, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3 Notice of Default to Mortqaqee and Extension of Riqht to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Developer with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-day cure period
provided in Section 12.2 for not more than an additional sixty (60) days upon
request of Developer or a Mortgagee.
15. Severability.
The unenforceability, invalidity or illegality of any provision, covenant,
condition or term of this Agreement shall not render the other provisions hereof
unenforceable, invalid or illegal.
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16. Attorneys' Fees and Costs.
If City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs in addition to any other
relief to which it may otherwise be entitled. If any person or entity not a party to
this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the Parties shall
cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable court costs and attorneys' fees expended by City in defense of any
such action or other proceeding.
17. Transfers and Assiqnments.
17.1 Riqht to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a "Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer which arise
hereunder and pertain to the portion of the Property being sold or transferred to
such Transferee; provided, however that: no such transfer, sale or assignment of
Developer's rights, interests and obligations hereunder shall occur by operation
of law or otherwise absent prior written notice to City and written approval thereof
by the City Manager, which approval shall not be unreasonably withheld or
delayed.
17.2 Approval and Notice of Sale, Transfer or Assiqnment. The City
Manager shall consider and decide on any proposed transfer, sale or assignment
of Developer's rights, interests and obligations hereunder within ten business
(10) days following receipt of Developer's notice, provided all documents,
certifications and other information reasonably requested by City are provided to
the City Manager to enable the City Manager to determine whether the proposed
Transferee can perform the Developer's obligations hereunder. Notice of any
such approved sale, transfer or assignment (including a description of all rights,
interests and obligations that have been transferred and those which have been
retained by Developer) shall be recorded in the official records of Alameda
County, in a form acceptable to the City Manager, concurrently with such sale,
transfer or assignment.
17.3 Effect of Sale. Transfer or Assiqnment. Developer shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to this Section 17, provided that: a) such sale, transfer or
assignment has been approved by the City Manager pursuant to this Section 17,
b) such obligations are expressly assumed by Transferee, and (c) such
Transferee shall be subject to all the provisions hereof and shall provide all
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documents, certifications and other information reasonably requested by City
prior to City Manager approval pursuant to this Section 17.
17.4 Permitted Transfer, Purchase or Assiqnment. The sale or other
transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a third-party deed of trust encumbering
Developer's interest in the Property shall not require City Manager approval
pursuant to this Section 17. However, any subsequent transfer, sale or
assignment by such Purchaser to a subsequent transferee, purchaser, or
assignee shall be subject to the provisions of this Section.
18. Aqreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement (with the exception of City's obligation to provide financing to
Developer pursuant to the Loan Agreement) shall be binding upon the Parties
and their respective heirs, successors and assignees, representatives, lessees,
and all other persons acquiring the Property, or any portion thereof, or any
interest therein, whether by operation of law or in any manner whatsoever. All of
the provisions of this Agreement shall constitute covenants running with the land
pursuant to applicable laws. Each covenant to do, or refrain from doing, any act
on or with respect to the Property pursuant to this Agreement: (a) is for the
benefit of or is a burden upon the Property, (b) runs with the land, and (c) is
binding upon the Developer and each successive owner during its ownership of
the Property or any portion thereof.
19. Bankruptcy.
The obligations of Developer under this Agreement shall not be
dischargeable in bankruptcy.
20. Indemnification: Prevailinq Waqes.
20.1 Indemnification.
Developer agrees to indemnify, defend and hold harmless City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors, subcontractors,
agents, or employees in connection with the construction, improvement,
operation, or maintenance of the Property and the Project, provided that
Developer shall have no indemnification obligation with respect to the gross
negligence or willful misconduct of City, its contractors, subcontractors, agents or
employees or with respect to the maintenance, use or condition of any
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...-"
improvement after the time it has been dedicated to and accepted by the City or
another public entity (except as provided in an improvement agreement or
maintenance bond).
20.2 Prevailinq Waqes.
The Parties acknowledge that the Project or phases of it are intended by
Developer to be exempt from California Labor Code Section 1720 et seq. and the
regulations adopted pursuant thereto ("Prevailing Wage Laws") by virtue of
Labor Code Section 1720(d). If for any reason, the Prevailing Wage Laws are
found to be applicable to the Project, Developer and its contractors shall comply
with such laws. Developer shall, and hereby agrees to, unconditionally
indemnify, reimburse, defend, protect and hold harmless City and its elective and
appointive boards, commissions, officers, agents, attorneys, consultants and
employees, and their respective successors and assigns, from and against any
and all claims, demands, suits and actions at law or in equity, and losses,
liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief,
and costs and damages of every kind, nature and description (including but not
limited to attorneys' fees and court costs, with counsel reasonably acceptable to
City), and administrative, enforcement or judicial proceedings, whether known or
unknown, and which directly or indirectly, in whole or in part, are caused by, arise
from, or relate to, or are alleged to be caused by, arise from, or relate to, the
payment or requirement of payment of prevailing wages or the requirement of
competitive bidding in the construction of the Project, the failure to comply with
any state or federal labor laws, regulations or standards in connection with this
Agreement, including but not limited to the Prevailing Wage Laws, or any act or
omission of City or Developer related to this Agreement with respect to the
payment or requirement of payment of prevailing wages or the requirement of
competitive bidding, whether or not any insurance policies shall have been
determined to be applicable to any such claims, demands, suits, actions, losses,
liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief,
costs, damages, or administrative, enforcement or judicial proceedings. It is
further agreed that City does not, and shall not, waive any rights against
Developer which it may have by reason of this indemnity and hold harmless
agreement because of the acceptance by City, or the deposit with City by
Developer, of any of the insurance policies described in this Agreement. The
representations, warranties and covenants contained in this Section shall survive
the termination of this Agreement.
21. Insurance.
21.1 Public Liability and Property Oamaqe Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than five million dollars ($5,000,000) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
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Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2 Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of City.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
A Party may change address by giving notice in writing to the other
party and thereafter all notices shall be addressed and transmitted to the new
address. Notices shall be deemed given and received upon personal delivery, or
if mailed, upon the expiration of 48 hours after being deposited in the United
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States Mail. Notices may also be delivered by overnight courier in which case
they shall be deemed given on the following day or by facsimile transmission in
which case they shall be deemed delivered upon verification of receipt.
24. Aqreement is Entire Understandinq.
This Agreement, the loan commitment letters executed by City and dated
, 2003, the Component Development Agreements, the Regulatory
Agreements, and the Loan Agreements (and related deed(s) of trust and
promissory note(s) constitute the entire understanding and agreement of the
Parties with respect to the subject matter hereof and supersede all prior
negotiations, understandings or agreements pertaining thereto.
25. Exhibits.
The following Exhibits are attached hereto and incorporated herein by this
reference:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
Exhibit C Inclusionary Zoning Regulations; Dublin Municipal Code
Chapter 8.68
Exhibit D Affordable Unit Credit Certificate
Exhibit E Map of Affordable Unit Credit Property, which property
Includes properties owned by Developer subject to the
Master Development Agreement, "Dublin Ranch West" and
"Dublin Ranch North."
Exhibit F Map of Property Exempt from Commercial Linkage Fee
26. Counterparts.
This Agreement may be executed in counterparts, each of which shall be
an original, and all of which taken together shall constitute one agreement.
27. Recordation; Further Assurances.
City shall record a copy of this Agreement within ten days following
execution by all Parties. The Parties agree to execute such additional
instruments and to undertake such actions as may be necessary to effectuate the
intent of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
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executed as of the date and year first written above.
CITY OF DUBLIN
By:
Mayor
APPROVED AS TO FORM:
City Attorney
DEVELOPER
By:
Print Name:
Its:
ATTEST:
By:
City Clerk
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State of California )
)
County of Alameda )
On ,2003, before me, the undersigned, a Notary Public,
in and for said State and County, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary Public
-<"I
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Exhibit A
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description of Property.)
Exhibit B
ADDITIONAL CONDITIONS
This Exhibit B contains Additional Conditions imposed pursuant to Section
5.3 of the Development Agreement ("Agreement"), by and between the City of
Dublin, a Municipal Corporation ("City") and Chang Su-O-Lin, Hong Lien Lin and
Hong Yao Lin (collectively, the "Developer") dated as of ,2003.
Capitalized terms used but not defined herein shall have the meanings ascribed
to such terms in the Agreement.
5.3.1 SubseQuent Discretionary Approvals
None.
5.3.2 Mitigation Conditions
A. Infrastructure SeQuencing Program. The infrastructure
sequencing program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. _of the City of Dublin Planning
Commission approving the Tentative-Map for Tract 7453 and the City Council
Resolution approving the Site Development Review (hereafter "TM and SDR
Resolutions"), and those described below shall be completed by Developer to
the satisfaction of the City Engineer at the times and in the manner specified in
the TM Resolution unless otherwise provided below. All such roadway
improvements shall be constructed to the satisfaction and requirements of City's
Engineer.
-Condition rDublin Boulevard/Douqherty Road Intersection
Improvementsl:
Condition
reads as follows:
Intersection of Dougherty Road & Dublin Blvd.
In the event that the City does not have sufficient
Category 2 Eastern Dublin Traffic Impact Fee (T1F)
funds available, Developer shall advance the City
monies for the costs of design, right-of-way
acquisition and construction of the City Capital
Improvement Project at the Dublin Boulevard /
Dougherty Road intersection. The amount of money
to be advanced will be determined by the City
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Engineer based on the Project's fair share of the
deficiency. Such payment is to be made within 30
days of written notice from the City Engineer. City
shall provide a credit to the Developer for Category 2
T1F for any monies advanced pursuant to this
condition. The City's Administration Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No.
23-99) shall govern all aspects of the credit.
DEVELOPER shall provide CITY with DEVELOPER's fair
share, as determined by CITY on the basis of the Project's trips, for
the costs of design and construction of Dublin Boulevard/Dougherty
Road Intersection Improvements by a payment to CITY in cash in
the amount of the Project's fair share of the deficiency, if any,
between funds available to CITY for the costs of design and
construction of Dublin Boulevard/Dougherty Road Intersection
Improvements and the cost of such project, as determined by the
Public Works Director. Such payment to be made within 30 days of
written notice from the Public Works Director to be given following
bid opening.
Notwithstanding the provisions of Section _ of this
Agreement, Condition _ shall survive termination of this
Agreement.
(ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
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(iv) Storm Drainage
The storm drainage systems off site, as well as on site drainage
systems to the areas to be occupied, shall be improved consistent with the
Dublin Ranch Master Drainage Plan and the tentative map conditions of approval
and to the satisfaction of the City Engineer
(v) Other Utilities (e.g. gas, electricity, cable televisions,
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
B. Miscellaneous
(i) Completion of Public Improvements May Be Deferred.
Notwithstanding the foregoing, City's Engineer may, in his or her
sole discretion and upon receipt of documentation in a form satisfactory to the
City Engineer that assures completion, allow Developer to defer completion of
discrete portions of any public improvements for the Project if the Public Works
Director determines that to do so would not jeopardize the public health, safety or
welfare.
5.3.3 Phasing; Timing
This Agreement does not require the Developer to commence or complete
development of the Project within any period of time set by City. Subject to the
following requirements, Developer shall be permitted to develop the Property in
accordance with its own time schedule, consistent with the Project Approvals.
Notwithstanding anything to the contrary contained in this Agreement or in the
Project Approvals, it is expressly understood and agreed that: (A) the City shall
not issue any building permits for any buildings or structures within the
Condominium Component of the Project unless (i) certificates of occupancy have
been issued for all units comprising either the Multifamily Component or the
Senior Housing Component of the Project and the affordable units to be
constructed as part of the Multifamily Component or the Senior Housing
Component of the Project have been constructed and made available for
occupancy by eligible households at affordable housing cost in accordance with
the requirements specified in the Regulatory Agreements or (ii) Developer and
City have entered into an enforceable agreement that restricts occupancy of units
within the Condominium Component to provide for 19 moderate income units,
eight low-income units and eleven very-low income units; and (B) if Developer
constructs the Multi-Family Component or the Senior Housing Component in
phases, each such phase shall include affordable units which are available for
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occupancy to eligible low, very low-, and moderate-income households in such
numbers as shown on Exhibit of the Site Development Review approval.
The provisions of this Section 5.3.3 shall survive the expiration of the term
of this Agreement.
5.3.4 Financin~ Plan
Developer shall install all improvements necessary for the Project at its
own cost (subject to credits for any improvements which qualify for credits as
provided in Section 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer has entered into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in Sections 5.3.2(A)(ii) and (iii) above.
Pursuant to the terms of that certain loan agreement entered into by and
between City and Developer ("Loan Agreement"), and provided that Developer
has complied with all terms and conditions of the Loan Agreement, City shall
provide a loan to Developer to provide partial financing for construction of the
Project's affordable units.
5.3.5 Fees. Dedications
A. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
issuance.
Developer further agrees that it will pay a minimum of three percent
(3%) of the "Section 1/Category 1" portion of the TIF in cash.
Developer also agrees that it will pay 12.4% of the "Section 2/Category 2"
portion of the TIF in cash. If City amends its TIF fee and as a result the City's
outstanding balance due on loans is less than 12,4% of total Section 2/Category
2 improvements, the Developer shall pay such reduced percentage of the
"Section 2/Category 2" portion of the TIF in cash.
Developer may use any credits it has for payment of the balance of the
TIF in accordance with City's Administrative Guidelines for Eastern Dublin Traffic
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Impact Fees (Resolution No. 23-99 "TIF Guidelines").
B. Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchan~es.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98
and by any subsequent resolution which revises such Fee. Developer will pay
such fees no later than the time of issuance of building permits and in the
amount of the impact fee in effect at time of building permit issuance.
C. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 214-02, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the then-current amount of the fee. Developer may use the
credits for payment of the Community Park Land portion of the Public Facilities
Fee granted to the Un Family by the Master Development Agreement in
accordance with City's Public Facilities Fee Guidelines (Resolution 195-99).
D. Noise Miti~ation Fee.
Developer shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the fee in effect at time of building permit issuance.
E. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
California Government Code Section 53080 and the agreement between
Developer and the Dublin Unified School District regarding payment of mitigation
fees.
F. Fire Impact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Developer may use any credits it has for payment of the fire facilities fee,
provided credits for improvements, land and equipment may only be used to
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satisfy payment of the same components of the fire facilities fee.
G. Tri-Vallev Transportation Development Impact Fee.
Developer shall pay the Tri-Valley Transportation Development Fee
in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or
any subsequent resolution which revises such fee. Developer will pay such fees
no later than the time of issuance of building permits and in the amount of the
impact fee in effect at time of building permit issuance.
5.3.6 Credit
A. Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if
such improvements are constructed by the Developer in their ultimate location.
All aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines").
B. Traffic Impact Fee Right-of-Wav Dedications -- Credit
City shall provide a credit to Developer for any TIF area right-of-
way to be dedicated by Developer to City which is required for improvements
which are described in the resolution establishing the Eastern Dublin Traffic
Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines.
5.3.7 Miscellaneous
A. Affordable Units
In accordance with the City's Inclusionary Zoning Ordinance
(Dublin Municipal Code Chapter 8.68 attached as Exhibit C hereto), the City's
Density Bonus Ordinance (Dublin Municipal Code Chapter 8.52) and the
Regulatory Agreements, Developer shall ensure that [587] housing units
constructed as part of the Project shall be available for a period of not less than
55 years to households of very low, low- and moderate-income at affordable
housing cost, all as more particularly described in Recital E of the Agreement
and in the Regulatory Agreements. Notwithstanding the definitions contained in
the Inclusionary Zoning Ordinance, as used in this agreement "low income"
means not more than 60% of the median income, adjusted for actual household
size
B. Credits for Certain Affordable Units
(i) Affordable Units Upon Completion.
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Upon completion of the entire Project in accordance with the SDR and this
Agreement, Developer will have provided affordable units, as defined in City's
Inclusionary Zoning Regulations, in the following income categories:
Multifamily Component
--90 moderate income units
--90 low income units
--63 very low income units
Senior HousinQ Component
--131 moderate income units
--97 low income units
--64 very low income units
Condominium Component
--52 moderate income units
Upon completion the entire Project in accordance with the SDR and this
Agreement (i) Developer will have satisfied the Inclusionary Zoning Regulations
for all three components by providing in the aggregate 46 moderate-income
units, 19 low-income units and 28 very low-income units, for a total of 93
affordable units (hereinafter "Project Affordable Units"); (ii) Developer will
receive credit (hereinafter "Affordable Unit Credits") pursuant to Section
8.68.060 of the Inclusionary Zoning Regulations for 332 affordable units; and (iii)
Developer will have provided an additional 162 affordable units (hereinafter
"Excess Affordable Units") in consideration for which the City has agreed to
provide certain incentives and waivers consisting of: (a) a finding that Developer
has fully complied with the City's Inclusionary Zoning Regulations for the Project
by providing 46 moderate-income units, 19 low-income units and 28 very low-
income units in the sizes shown on Exhibit _ of the SDR resolution, (b) 332
Affordable Unit Credits which can be used to comply with the Inclusionary Zoning
Regulations on the Affordable Unit Credit Property as described in Exhibit E as
such regulations currently exist or as hereinafter amended for a maximum of
2,655 units, notwithstanding the mix of the affordable units, number of bedrooms
or concentrations of such units on such Property, (c) a loan, and (d) a
commercial linkage fee waiver (as described in Section 5.3.7.C.
(ii) Phased Construction.
City and Developer recognize that it is likely that the three
components of the Project will be constructed at different times and that each
component includes several buildings for which individual building permits will be
issued. In particular, the Multifamily Component consists of five buildings, three
of which will be residential; the Senior Housing Component consists of five
residential buildings, and the Condominium Component consists of five buildings,
three of which are residential.
Development Agreement - Exhibit B
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(iii) Required Affordable Units.
Upon issuance of certificates of occupancy for each building within
the Project, the affordable units provided therein shall be allocated first to satisfy
the Developer's obligation to provide 93 Project Affordable Units. In particular,
upon issuance of a certificate of occupancy for buildings in the Multi-Family
Component, the first 18 moderate-income units, the first nine (9) low-income
units and the first 15 very low-income units will be counted toward the Project
Affordable Units. Upon issuance of certificates of occupancy for buildings in the
Senior Housing Component, the first 20 moderate-income units, the first ten (10)
low-income units and the first 14 very low-income will be counted as Project
Affordable Units. Finally, in the Condominium Component, the first seven (7)
moderate-income units will be ,counted as Required Affordable Units.
Developer's obligation to provide moderate-income units may be satisfied by low-
income or very low-income units and the obligation to provide low-income units
may be satisfied by very low-income units, provided such substitutions shall not
relieve Developer from its obligation to provide the total required units.
(iv) Affordable Unit Credits.
Thereafter each additional affordable unit in any building for which
a certificate of occupancy is issued shall entitle Developer to an Affordable Unit
Credit provided Developer shall be entitled to no more than 332 Affordable Unit
Credits. The Affordable Unit Credits shall be evidenced by an "Affordable Unit
Credit Certificate" in a form substantially similar to the form attached as Exhibit D,
which shall be executed by the City Manager within ten (10) working days of the
issuance of the certificate of occupancy, provided that Developer is in
compliance with all requirements of this Agreement, the Regulatory Agreements
and the Loan Agreement. The purpose of the Affordable Unit Credit Certificate is
to allow the City and Developer to monitor the creation of such credits.
(v) Use of Affordable Unit Credit
Developer may apply the Affordable Unit Credits to satisfy the
requirements of the Inclusionary Zoning Regulations as now in effect or as
hereafter amended for any residential. development consisting of up to a
maximum of 2,655 [3,399 - 744 = 2,655 x 12.5% = 331.8] units on the Affordable
Unit Credit Property shown on Exhibit E.
(vi) Determination of Affordable Unit Obliqation on Affordable Unit
Credit Property
City shall determine the number of affordable units required for
each residential development proposed for development on the Affordable Unit
Credit Property at the earliest to occur of the time of tentative map approval,
conditional use permit or site development review by reference to the
Development Agreement - Exhibit B
Fairway Ranch
Page 9 of 11
628317-11
Inclusionary Zoning Regulations attached as Exhibit C to determine the number
of affordable units required for each such residential development, and provided
Developer has a sufficient number of Affordable Unit Credit Certificates for the
number of such required affordable units, City shall not require compliance with
the Inclusionary Zoning Regulations for such development. The payment of in-
lieu fees will not be allowed for any residential development project on the
Property or the Affordable Unit Credit Property.
If Developer has not earned Affordable Unit Credit Certificates in
sufficient number to provide the required number of affordable units required for
such residential development, provided that a building permit has been issued for
any building within the Project that will include affordable units that will be
counted toward the Affordable Unit Credits, Developer may obtain an Affordable
Unit Credit Certificate by providing a bond or letter of credit in the amount of the
then-current in-lieu fee established by the Council pursuant to section 8.68.040.A
of the Inclusionary Zoning Regulations, which security shall be released by City
upon issuance of a certificate of occupancy for the secured affordable unit.
If Developer has not earned Affordable Unit Credit Certificates in
sufficient number to provide the required number of affordable units required for
a proposed residential development, Developer shall be required to comply with
the inclusionary zoning requirements then in effect prior to Site Development
Review approval, including the requirement of section 8.68.050.A of the
Inclusionary Zoning Regulations for an affordable housing agreement.
Alternatively, Developer may withdraw its application for Site Development
Review approval until Developer has sufficient Affordable Unit Credit Certificates
to provide the required number of affordable units for the residential development
project.
(vii) Dublin Ranch Area F North
Notwithstanding the foregoing, City agrees to determine the number of
affordable units required for any residential development project on the property
shown on Exhibit E, known as "Area F North," at the time of issuance of the first
building permit for any residential building in Area F North. City shall determine
whether Developer has provided the Required Affordable Units pursuant to
Section 5.3.7.B (iii) above for Area F North at the time of issuance of building
permits for Project buildings, rather than Certificate of Occupancy. City shall not
issue a building permit for any building in Area F North until Developer has
Affordable Unit Credit Certificates equal in number to 12.5% of the number of
units proposed in Area F North, as calculated pursuant to the Inclusionary Zoning
Regulations.
(viii) Limitation Use of Credits
Any residential units proposed to be constructed on the Affordable Unit
Development Agreement - Exhibit B
Fairway Ranch
Page 10 of 11
628317-11
Credit Property in excess of 2,655 units shall be subject to the City's Inclusionary
Zoning ordinance in effect at the time of application.
Unused Affordable Unit Credits will expire thirty (30) years after the date of
execution of the Affordable Unit Credit Certificate creating such credit.
In the event the State of California enacts legislation that requires a
greater percentage of affordable units on the Affordable Unit Credit Property and
City and Developer determine such legislation would be applicable to the
Affordable Unit Credit Property, City and Developer will meet in good faith in an
effort to carry out this Agreement to the extent possible.
(ix) Development on Affordable Unit Credit Property
Nothing in this Agreement shall impose a limit on the development of
residential units on the Affordable Unit Credit Property, nor shall this Agreement
be construed as a guarantee that Developer can develop 2,655 residential units
on the Affordable Unit Credit Property.
C. Exemption from Commercial Linka~e Fee
Provided that: (a) certificates of occupancy have been issued for
all residential units and all affordable units required to be constructed as part of
the Project pursuant to the Agreement, and (b) Developer and its successors in
interest are in compliance with all requirements of this Agreement, the
Regulatory Agreements and the Loan Agreement, the property described in
Exhibit F attached hereto and incorporated herein by reference shall, during the
period commencing on the date that all of the foregoing conditions have been
met, and continuing until the thirtieth anniversary of the Effective Date of the
Agreement, be exempt from any commercial linkage fee or similar fee that the
City may adopt which requires payment of a housing fee in connection with the
development of such property for commercial use. Upon satisfaction of both of
the foregoing conditions, City agrees to record, and Developer consents to
recordation of, a document against the property described in Exhibit F
acknowledging such property shall be exempt from any such fee until the thirtieth
anniversary of the Effective Date.
In the event that Developer or Developer's successor in interest
seeks approval to develop the property described in Exhibit F prior to the date
upon which both of the foregoing conditions have been met, then Developer shall
be obligated to pay such commercial linkage or similar fees to City; however, City
shall refund such fees to Developer on the date that the foregoing conditions are
met, together with interest on such fees at the rate actually earned by City during
the time the fees are held by City, less an administrative charge for processing
such refund in an amount equal to one percent of the refund amount. Provided,
however, that if a building permit has been issued for any building within the
Development Agreement - Exhibit B
Fairway Ranch
Page 11 of 11
628317-11
Project that will include affordable units that will be counted as Affordable Unit
Credits, in lieu of paying such fees to City, Developer may provide the City with
an irrevocable letter of credit with a term of 12 months in the amount of the
commercial linkage fee applicable to such development, which the City shall
release upon issuance of a Certificate of Occupancy for the secured affordable
units if a Certificate of Occupancy is issued within eleven (11) months of the date
of the letter of credit. If a Certificate of Occupancy is not issued for such secured
affordable units within such time period, City shall draw on the letter of credit;
provided however, if Developer or its successors in interest are in compliance
with all requirements of this Agreement, the Regulatory Agreements and the
Loan Agreement, City shall return such funds to Developer on the date of
issuance of such Certificates of Occupancy, less an administrative charge for
processing such refund in an amount equal to one percent of the refund amount.
D. Shuttle Service.
Developer shall provide a shuttle service for residents of the Project for
10 years from the date of issuance of the first Certificate of Occupancy for the
Project. The shuttle service shall be in accordance with the plan for service
approved by the City's Community Development Director and shall outline the
type and number of shuttles which will provide transportation for the residents of
the Project; the shuttle schedule, route, and hours and days of operation; and,
other necessary details as determined by the Community Development
Department.
E. Survival.
The provisions of this Section 5.3.7 shall survive the expiration of the term
of the Agreement.
Development Agreement - Exhibit B
Fairway Ranch
Page 12 of 11
628317-11
Exhibit C
INCLUSIONARY ZONING REGULATIONS;
DUBLIN MUNICIPAL CODE CHAPTER 8.68
Exhibit D
AFFORDABLE UNIT CREDIT CERTIFICATE
Exhibit E
AFFORDABLE UNIT CREDIT PROPERTY
(Attach map and legal description of credit property.)
Exhibit F
PROPERTY EXEMPT FROM COMMERCIAL LINKAGE FEE
(Attach map and legal description of property exempt from commercial linkage
fee.)
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
CHAPTER 8.68
INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose ofthis chapter is to:
A. enhance the public welfare and assure that further housing development contributes to the attainment
of the City's housing goals by increasing the production of residential units affordable by households
of very-Iow-, low-, and moderate income.
B. assure that the limited remaining developable land in the City's planning area is utilized in a manner
consistent with the City's housing policies and needs.
8.68.020. Definitions. As used in this chapter, each of the following terms shall be defined as follows:
A. "Affordable Unit" means an ownership or rental-housing unit, including senior housing, affordable to
households with very-Iow-, low-, or moderate incomes as defined in this chapter.
1. Rental units are deemed affordable units if the annual rent does not exceed 30% of maximum
income level for very-Iow-, low-, and moderate-income households, adjusted for household
size and as defined below.
2. Owner-occupied units are deemed affordable units if the sales price results in annual housing
expenses that do not exceed 35% of maximum income level for very-Iow-, low-, and
moderate-income households, adjusted for household size and as defined below.
B. "Applicant" means any person, firm, partnership, association, joint venture, corporation, or any
entity or combination of entities that seeks city real property development permits or approvals.
C. "Dwelling unit" means a dwelling designed and intended for occupancy by one household.
D. "Very-Iow-, low-, and moderate-income levels'~ means those income and eligibility levels
determined periodically by the California Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependents, income of all wage earners, elderly or disabled family members, and all other sources of
household income and will be recertified as set forth by local standards, and state arid federal housing
law.
1. "Very-low income" means 50% or less of the median income, adjusted for actual household
SIze.
2. ' "Low income" means more than 50% to 80% of the median income, adjusted for actual
household size.
3. "Moderate income" means more than 80% to 120% of the median income, adjusted for actual
household size.
E. "Resale controls and/or rent restrictions" means legal restrictions by which the affordable units shall
be restricted to ensure that the unit remains affordable to very-Iow-, low-, or moderate-income
City of Dublin Zoning Ordinance
68-1
-.,
September, 1997
Revised=January 2003. I
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
and may have fewer amenities than the market rate units in the project. All affordable units shall be
reasonably dispersed throughout the project.
8.68.040. Exceptions to 12.5% Affordability Requirement. Developers of projects subject to 8.68.030.A
shall construct 12.5% of the total number of dwelling units within the development as affordable
units, unless subject to an exception set forth in this section. All exceptions require City Council
approval, which shall be obtained at or prior to the last discretionary approval for the project.
A. Payment of Fees In-Lieu of Creation of Affordable Units. Upon request of the applicant, the City
Council shall permit the applicant to pay a fee in iieu of constructing up to 40 percent of the
affordable units that the developer would otherwise be required to construct pursuant to section
8.68.030.A. The amount ofthe fee shall be as set forth in a resolution ofthe City Council, which
may be amended from time to time to reflect inflation and changed conditions in the City and the
region. In-lieu fees shall be paid at and the time and in the amount set forth in the in-lieu fee
resolution in effect at the time of issuance of the building permit.
B. Off-Site Projects. An applicant may construct the affordable units not physically within the
development in lieu of constructing some or all of the affordable units within the development, with
the approval of the City Council, if the City Council finds:
1. that construction of the units off-site in lieu of constructing units on-site is consistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing for very low-, low-
and moderate-income households.
2. that the units to be constructed off site are consistent with section 8.68.030.E above
3. that it would be infeasible or impractical to construct affordable units on-site.
4. that conditions of approval for the project require that the off-site affordable units would be
governed by the terms of a deed restriction and, if applicable, rental restrictions similar to that
used for the on-site affordable units.
5. that the conditions of approval for the project, or other security such as a cash deposit, bond,
or letter of credit, are adequate to require the construction of the off-site affordable units
concurrently with the completion of the construction of the residential development or within
a reasonable period (not to exceedS years).
C. Land Dedication. An applicant may dedicate land to the City or city-designated local non-profit
housing developer in lieu of construction of some or all of the required affordable units, if the council
fmds that:
1. that dedication of land in-lieu of constructing units is consistent with the chapter's goal of
creating, preserving, maintaining, and protecting housing for very-low, low- and moderate-
income households.
2. that the dedicated land is large enough and appropriately zoned to accommodate the number
of units that the applicant would otherwise be required to construct by section 8.68.030.A, is
useable for its intended purpose, is free of toxic substances and contaminated soils, and is
City of Dublin Zoning Ordinance
68-3
lIiil
September, 1997
Revised=January 2003
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
the event of the sale of an affordable unit, the City shall have the right to purchase any affordable
owner-occupant unit at the maximum price that could be charged to an eligible household.
D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
Eligible potential occupants of affordable units will be qualified on the basis of household income,
the median combined household income statistics for Alameda County published periodically by the
California pepartment of Housing and Community Development, all sources of household income
and assets, the relationship between household size and the size of available units, and any further
criteria required by law. The developer shall use an equitable selection method established in
conformance with the terms of this chapter. The selection criteria may not distinguish between adults
and children. Selection of qualified person should be based on priorities established in the City's
Affordable Housing Program as noted below:
III
Employed within the boundaries ofthe City of Dublin (3 points, one per household)
Public Service employee working in the City of Dublin (1 additional point)
III
III
Dublin resident (3 points, one per household)
III
Seniors (1 point, one per household)
Permanently disables (1 point, one per household)
To qualify as "Employed within the boundaries of the City of Dublin," the person shall have been
employed with the City of Dublin for at least six months.
III
To qualify as a "Dublin resident," the person shall have been a resident of the City of Dublin for at
least a one-year period prior to the eligibility determination.
8.68.060. Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City Council. One affordable unit credit
certificate shall be issued for each affordable unit constructed in excess of the number of affordable
units required to be constructed for the project by Section 8.68.030.A. The certificate shall designate
a specific income category (i.e., very-Iow-, low-, or moderate income) and number of bedrooms for
which they are issued.
B. Ownership and use of credits. Affordable unit credit certificates are issued to and become the
possession of the project owner, who may then use them to satisfy the requirements of this chapter
for another project in the City. If a project owner proposes to sell credit certificates, the parties shall
first obtain the consent of the Community Development Director, who will document the transfer by
certificate number.
8.68.070. Incentives to Encourage On-Site Construction of Affordable Units. The City may, but shall
not be required to, offer incentives or financial assistance to encourage the on-site construction of
affordable units in excess of 12.5% of the total number of units in the project to the extent
resources for this purpose are available and approved for such use by the City Council or City
Manager. Such incentives may include, but shall not be limited to, the following:
/
City of Dublin Zoning Ordinance
68-5
~
September, 1997
Revised~January 2003
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
8.68.100. Enforcement.
A. General. The City Manager shall enforce this chapter, and its provisions shall be binding on all
agents, successors, and assigns of an applicant. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision ofthis chapter. No land-use
approval, building permit, or certificate of occupancy shall be issued for any residential development
unless exempt from or in compliance with this chapter. The City may institute any appropriate legal
actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions
to revoke, deny, or suspend any permit or development approval.
B. Excessive rentsllegal action. If the City Manager determines that rents in excess of those allowed
by operation of this chapter have been charged to a tenant residing in an affordable unit, the City may
take appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant,
or to the City in the event the tenant cannot be located, any excess rents charged.
8.68.110.
Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136.
City of Dublin Zoning Ordinance
68-7
-
September, 1997
Revised=January 2003
Credit No.
CITY OF DUBLIN
AFFORDABLE UNIT CREDIT CERTIFICATE
This Certificate is awarded by the City of Dublin ("City") to the Lin Family (Chang Su-
O-Lin, Hong Lien Lin and Hong Yao Lin) ("Developer") pursuant to the Fairway Ranch
Development Agreement dated between the City and the Developer.
By virtue of having constructed affordable housing in the Fairway Ranch Project,
Developer is entitled to an affordable unit credit in the amount of units.
This certificate is effective as of
occupancy was issued for
certificate will terminate on
effective date.
, the date the certificate of
(address and building number). The credit
, which is thirty (30) years after its
Developer may use these credits to satisfy the requirements of the Inclusionary Zoning
Regulations for any residential development consisting of up to a maximum of2,655
units in the Affordable Unit Credit Property (Exhibit E of the Fairway Ranch
Development Agreement), provided that Developer is in compliance with all
requirements of the Fairway Ranch Development Agreement, the Regulatory Agreements
and the Loan Agreement referenced in such development agreement.
All other aspects of the credit which are not specified in this Credit Certificate shall be as
provided in the Fairway Ranch Development Agreement and Inclusionary Zoning
Regulations which are attached to such agreement as Exhibit C.
CITY OF DUBLIN
Date
City Manager
Legend:
r::.l] Affected
ExhibitE
Affordable UnitCreditProperty
Dublin Ranch
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Exhibit F:
Property Exempt From Dublin Commercial/Linkage Fee
Dublin Ranch IDAClCAYlS8mPS
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Recording requested by and
when recorded, return to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
Chang Su-O-Un, Hong Lien Un and Hong Yao Un
DUBLIN RANCH
FAIRWAY RANCH
CONDOMINIUM COMPONENT
THIS DEVELOPMENT AGREEMENT (this "Agreement"), dated for
reference purposes as of , 2003, is entered into by and between
the City of Dublin, a Municipal Corporation ("City"), and Chang Su-O-Lin, Hong
Lien Lin and Hong Yao Lin ( collectively, the "Developer"). City and Developer
are hereafter collectively referred to as the "Parties."
RECITALS
A. California Government Code Section 65864 et seq. and Chapter
8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City
to enter into an agreement for the development of real property with any person
having a legal or equitable interest in such property in order to establish certain
development rights in such property.
B. Developer holds legal interest in certain real property (the
"Property") consisting of approximately acres of land, located in the
City of Dublin, County of Alameda, which property is designated as Parcel 3 on
Tentative Tract Map No. 7453 and which is more particularly described in
Exhibit A attached hereto.
C. The Dublin City Council ("City Council") adopted the Eastern Dublin
Specific Plan ("Plan") by Resolution No. 53-93 which Plan is applicable to the
Property and requires the developer of the Property to enter into a development
agreement with City.
D. The Developer and City are parties to that certain Master
Development Agreement between the City of Dublin and the Lin Family for the
Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) ("Master Development
Agreement"), which agreement requires the developer of the Property to enter
into this development agreement with City, provided that such development
agreement does not impair any developer's rights under the Master Development
Agreement.
E. Developer proposes to develop the Property for condominium
housing (the "Condominium Component") which shall consist of 304
condominium for sale units, of which 52 units shall be affordable units available
at affordable sales prices to households of moderate income pursuant to the
City's Inclusionary Zoning Ordinance (Chapter 8.68) (the "Project"). As more
particularly described in the Affordable Housing Regulatory Agreement executed
or to be executed by and between City and Developer ("Regulatory
Agreement"), the Developer and its successors in interest shall be required to
maintain the afford ability of the affordable units and the availability of such units
to households of the specified income levels for not less than 55 years.
F. Developer has applied for, and City has approved or is processing,
various land use approvals in connection with the development of the Project.
Development Agreement
Fairway Ranch Condominium Component
Page 1 of 16
633100-2
Developer has also applied for, and City has approved or is processing, similar
land use approvals in connection with the development of Parcels 2 and 3 of
Tract 7453. The land use approvals for the Condominium Component include
Tentative Tract Map for Tract 7453 (Planning Commission Resolution No. 03- ),
and a density bonus of 59 units and site development review (City Council
Resolution No. _ (collectively, the "Project Approvals").
G. Developer and City have entered into a development agreement
that, among other things, addresses phasing of development for Parcel 1 (Senior
Housing Component), Parcel 2 (Multifamily Component) and Parcel 3
(Condominium Component) of Tract 7453 (the "Fairway Ranch Development
Agreement"). Developer and City have also entered into development
agreements specifically for the Senior Housing Component and the
Multifamily Component (the "Component Development Agreements").
H. City desires the timely, efficient, orderly and proper development of
the Project, and City and Developer desire to facilitate development of the
Project in accordance with and subject to the terms and conditions set forth
herein.
I. The City Council has reviewed and evaluated this Agreement in
accordance with Chapter 8.56, and has found that this Agreement is consistent
with the City's General Plan and the Eastern Dublin Specific Plan.
J. Pursuant to the California Environmental Quality Act (CEQA), the
City Council adopted Resolution No. _, finding that the Project is exempt
from CEQA pursuant to Government Code ~65457. In making such
determination and determining that there are no supplemental impacts that would
require preparation of a Supplemental EIR, the City prepared an Initial Study
which found that the environmental impacts of the Project were addressed by the
Negative Declaration approved by the City Council by Resolution No. 140-97 for
the Planned Development Rezoning for 453 acres of Dublin Ranch which
includes the Property and the Project and the Environmental Impact Report for
the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064)
which was certified by the Council by Resolution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EIR").
K. On , 2003, the City Council adopted Ordinance No. _
approving this Agreement. The ordinance took effect on , 2003.
NOW, THEREFORE, with reference to the foregoing recitals and
inconsideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows.
1. Description of Property.
Development Agreement
Fairway Ranch Condominium Component
Page 2 of 16
633100-2
The property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1
Date") is
Effective Date. The effective date of this Agreement ("Effective
, 2003, which is the effective date of City Ordinance No.
, adopting this Agreement.
4.2 Term. The term of this Agreement shall commence on the
Effective Date and shall terminate on the fifth anniversary of such date, unless
this Agreement is otherwise terminated or extended pursuant to the terms hereof.
Notwithstanding anything to the contrary contained herein or in the Site
Development Review approval: (i) provided that construction of the Project has
commenced prior to the fifth anniversary of the Effective Date of this Agreement,
the Site Development Review approval shall remain effective for five years
following the Effective Date of this Agreement, and (ii) provided that certificates
of occupancy have been issued for either the entire Multi-Family Component or
the entire Senior Housing Component prior to expiration of the term of this
Agreement, the Site Development Review approval (Resolution No. ~ shall
remain effective until the tenth anniversary of the Effective Date.
4.3 Optional Extension. Prior to the termination of this Development
Agreement, as provided in Section 4.2, Developer may extend the term of the
Development Agreement. To do so, Developer shall give City written notice at
least 90 days prior to the termination date of the Development Agreement. At the
time Developer provides such notice, Developer shall make a contribution to City
in the amount of One Hundred Thousand Dollars ($100,000). Upon receipt of the
notice and the contribution, the City Manager shall approve the extension and
shall notify the Developer in writing that the term of the Development Agreement
has been automatically extended for an additional one-year period, commencing
on the date the Development Agreement would otherwise have terminated. The
Development Agreement
Fairway Ranch Condominium Component
Page 3 of 16
633100-2
Developer may exercise its option to extend the Development Agreement no
more than five times, for a maximum total term of the Development Agreement of
ten years. The total contribution for the maximum extension of five years will be
Five Hundred Thousand Dollars ($500,000). Notwithstanding anything to the
contrary in this Section, if Developer has provided the notice and contribution to
extend one of the Component Development Agreements, Developer shall not be
required to provide the $100,000 contribution to extend the term of this
Development Agreement and this Agreement will automatically be extended to
be coterminous with such Component Development Agreement.
5. Use of the Property.
5.1 Riqht to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals, and any amendments to any of them as shall,
from time to time, be approved pursuant to this Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
and any other approvals required by other regulatory agencies.)
None
5.3.2 Mitiqation Conditions. Additional or modified conditions
agreed upon by the Parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasinq, Timinq. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
Development Agreement
Fairway Ranch Condominium Component
Page 4 of 16
633100-2
See Exhibit B
5.3.4 Financinq Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules, Requlations and Official Policies.
6.1 Rules Reqardinq Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property, the density and intensity of use of
the Property, and the maximum height, bulk and size of proposed buildings shall
be those in force and effect on the Effective Date hereof.
6.2 Rules ReQardinq Desiqn and Construction. Unless otherwise
expressly provided in Section 5 or Exhibit B attached hereto, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect on the Effective Date hereof. Ordinances, resolutions,
rules, regulations and official policies governing design, improvement and
construction standards and specifications applicable to public improvements to
be constructed by Developer shall be those in force and effect at the time the
applicable permit approval is granted.
6.3 Uniform Codes Applicable. Unless otherwise expressly provided in
Section 5 or Exhibit B attached hereto, the Project shall be constructed in
accordance with the provisions of the Uniform Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, in effect at the time of approval of the appropriate
building, grading, or other construction permits for the Project.
7. Subsequently Enacted Rules and Requlations.
Development Agreement
Fairway Ranch Condominium Component
Page 5 of 16
633100-2
7.1 New Rules and Requlations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date and which are not in conflict with those applicable to the
Property as set forth in this Agreement if: (a) the application of such new or
modified ordinances, resolutions, rules, regulations or official policies would not
prevent, impose a substantial financial burden on, or materially delay
development of the Property as contemplated by this Agreement and the Project
Approvals, and (b) if such ordinances, resolutions, rules, regulations or official
policies have general applicability.
7.2 Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent discretionary
land use approval for the Project on the basis of the ordinances, resolutions,
rules, regulations and policies in effect at the time of such approval.
7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in California Government Code ~ 8558.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications.,. City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B). The City shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit B, Section 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement.
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8.3 New Taxes. Any subsequently enacted City-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the California Constitution, and Developer does not return its ballot,
Developer agrees, on behalf of itself and its successors, that City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
charge.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the Effective Date
prevent or preclude compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City, the Parties shall
meet and confer in good faith in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation. Any such amendment or
suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the Parties and in accordance
with the procedures of state law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions of
Section 9.2" any amendments to this Agreement which do not relate to (a) the
term of the Agreement as provided in Section 4.2; (b) the permitted uses of the
Property as provided in Section 5.2; (c) provisions for "significant" reservation or
dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (e) the density or intensity of
use of the Project; (f) the maximum height or size of proposed buildings; (g)
monetary contributions by Developer; (h) the affordable housing units to be
constructed as part of the Project (including without limitation, the number,
location, size, affordability level, or timing of the construction of such units); (i)
public improvements to be constructed by Developer; U) the accrual or use of
the Affordable Unit Credits described in Section 5.3.7B of Exhibit B; or (h) the
exemption from Commercial Linkage Fee described in Section 5.37.C of Exhibit
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B shall not, except to the extent otherwise required by law, require notice or
public hearing before either the Planning Commission or the City Council before
the Parties may execute an amendment hereto. City's Public Works Director
shall determine whether a reservation or dedication is "significant".
9.4 Amendment of Project Approvals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the Developer; (g) public improvements to be
constructed by Developer; (h) the affordable housing units to be constructed as
part of the Project (including without limitation, the number, location, size,
affordability level, or timing of the construction of such units); (i) the accrual or
use of the Affordable Housing Credits described in Section 5.3.7B of Exhibit B; or
U) the exemption from Commercial Linkage Fee described in Section 5.3.7C of
Exhibit B shall require an amendment of this Agreement. Such amendment shall
be limited to those provisions of this Agreement which are implicated by the
amendment of the Project Approval. Any other amendment of the Project
Approvals, or any of them, shall not require amendment of this Agreement unless
the amendment of the Project Approval(s) relates specifically to some provision
of this Agreement.
9.5 Cancellation by Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the Parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Section 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by City.
10. Term of Proiect Approvals.
Pursuant to California Government Code Section 66452.6(a), the term of
the tentative tract map described in Recital F above shall automatically be
extended for the term of this Agreement. The term of any other Project Approval
shall be extended only if so provided in Exhibit B or Section 4.2.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2004 and each July 15 to August 15 thereafter.
11.2 Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Agreement
Fairway Ranch Condominium Component
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\/~
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; ,
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of this Agreement. The
Developer shall have the burden of proving such compliance by substantial
evidence.
11.3 Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits relating to
this Agreement at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an event of
default hereunder, the Parties may pursue all other remedies at law or in equity
which are not otherwise provided for in this Agreement or in City's regulations
governing development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either Party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damaqes Aqainst City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against City
upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Either Party may, at any time, and from time to time, request the other
Party to provide a written certification that: (a) this Agreement is in full force and
effect and a binding obligation of the Parties, (b) this Agreement has not been
amended or modified either orally or in writing, or if amended, identifying such
amendments in the certification, and (c) to the knowledge of the certifying Party,
the requesting Party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe in the certification the nature and
Development Agreement
Fairway Ranch Condominium Component
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633100-2
such approved sale, transfer or assignment (including a description of all rights,
interests and obligations that have been transferred and those which have been
retained by Developer) shall be recorded in the official records of Alameda
County, in a form acceptable to the City Manager, concurrently with such sale,
transfer or assignment.
17.3 Effect of Sale, Transfer or Assiqnment. Developer shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to this Section 17, provided that: a) such sale, transfer or
assignment has been approved by the City Manager pursuant to this Section 17,
b) such obligations are expressly assumed by Transferee, and (c) such
Transferee shall be subject to all the provisions hereof and shall provide all
documents, certifications and other information reasonably requested by City
prior to City Manager approval pursuant to this Section 17.
17.4 Permitted Transfer, Purchase or Assiqnment. The sale or other
transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a third-party deed of trust encumbering
Developer's interest in the Property shall not require City Manager approval
pursuant to this Section 17. However, any subsequent transfer, sale or
assignment by such Purchaser to a subsequent transferee, purchaser, or
assignee shall be subject to the provisions of this Section.
18. Aqreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement (with the exception of City's obligation to provide financing to
Developer pursuant to the Loan Agreement) shall be binding upon the Parties
and their respective heirs, successors and assignees, representatives, lessees,
and all other persons acquiring the Property, or any portion thereof, or any
interest therein, whether by operation of law or in any manner whatsoever. All of
the provisions of this Agreement shall constitute covenants running with the land
pursuant to applicable laws. Each covenant to do, or refrain from doing, any act
on or with respect to the Property pursuant to this Agreement: (a) is for the
benefit of or is a burden upon the Property, (b) runs with the land, and (c) is
binding upon the Developer and each successive owner during its ownership of
the Property or any portion thereof.
19. Bankruptcy.
The obligations of Developer under this Agreement shall not be
dischargeable in bankruptcy.
20. Indemnification; Prevailinq Waqes.
20.1 Indemnification.
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Fairway Ranch Condominium Component
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Developer agrees to indemnify, defend and hold harmless City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors, subcontractors,
agents, or employees in connection with the construction, improvement,
operation, or maintenance of the Property and the Project, provided that
Developer shall have no indemnification obligation with respect to the gross
negligence or willful misconduct of City, its contractors, subcontractors, agents or
employees or with respect to the maintenance, use or condition of any
improvement after the time it has been dedicated to and accepted by the City or
another public entity (except as provided in an improvement agreement or
maintenance bond).
20.2 Prevailinq Waqes. The Parties acknowledge that the Project or
phases of it are intended by Developer to be exempt from California Labor Code
Section 1720 et seq. and the regulations adopted pursuant thereto ("Prevailing
Wage Laws") by virtue of Labor Code Section 1720(d). If for any reason, the
Prevailing Wage Laws are found to be applicable to the Project, Developer and
its contractors shall comply with such laws. Developer shall, and hereby agrees
to, unconditionally indemnify, reimburse, defend, protect and hold harmless City
and its elective and appointive boards, commissions, officers, agents, attorneys,
consultants and employees, and their respective successors and assigns, from
and against any and all claims, demands, suits and actions at law or in equity,
and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or
other relief, and costs and damages of every kind, nature and description
(including but not limited to attorneys' fees and court costs, with counsel
reasonably acceptable to City), and administrative, enforcement or judicial
proceedings, whether known or unknown, and which directly or indirectly, in
whole or in part, are caused by, arise from, or relate to, or are alleged to be
caused by, arise from, or relate to, the payment or requirement of payment of
prevailing wages or the requirement of competitive bidding in the construction of
the Project, the failure to comply with any state or federal labor laws, regulations
or standards in connection with this Agreement, including but not limited to the
Prevailing Wage Laws, or any act or omission of City or Developer related to this
Agreement with respect to the payment or requirement of payment of prevailing
wages or the requirement of competitive bidding, whether or not any insurance
policies shall have been determined to be applicable to any such claims,
demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders,
judgments, injunctive or other relief, costs, damages, or administrative,
enforcement or judicial proceedings. It is further agreed that City does not, and
shall not, waive any rights against Developer which it may have by reason of this
indemnity and hold harmless agreement because of the acceptance by City, or
the deposit with City by Developer, of any of the insurance policies described in
Development Agreement
Fairway Ranch Condominium Component
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this Agreement. The representations, warranties and covenants contained in this
Section shall survive the termination of this Agreement.
21. Insurance.
21.1 Public Liability and Property Damaqe Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than five million dollars ($5,000,000) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2 Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of City.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Development Agreement
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Notices required to be given to Developer shall be addressed as follows:
A Party may change address by giving notice in writing to the other
party and thereafter all notices shall be addressed and transmitted to the new
address. Notices shall be deemed given and received upon personal delivery, or
if mailed, upon the expiration of 48 hours after being deposited in the United
States Mail. Notices may also be delivered by overnight courier in which case
they shall be deemed given on the following day or by facsimile transmission in
which case they shall be deemed delivered upon verification of receipt.
24. Aqreement is Entire Understandinq.
This Agreement, the loan commitment letter executed by City and dated
, 2003, the Component Development Agreements, the Regulatory
Agreements, and the Loan Agreements (and related deed(s) of trust and
promissory note(s) constitute the entire understanding and agreement of the
Parties with respect to the subject matter hereof and supersede all prior
negotiations, understandings or agreements pertaining thereto.
25. Exhibits.
The following Exhibits are attached hereto and incorporated herein by this
reference:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement may be executed in counterparts, each of which shall be
an original, and all of which taken together shall constitute one agreement.
27. Recordation; Further Assurances.
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City shall record a copy of this Agreement within ten days following
execution by all Parties. The Parties agree to execute such additional
instruments and to undertake such actions as may be necessary to effectuate the
intent of this Agreement.
28. Relationship of Fairway Ranch Development Aqreement and Component
Development Aqreement.
Although this Agreement does not include all of the provisions of the
Fairway Ranch Development Agreement, including but not limited to the
provisions of the Fairway Ranch Development Agreement related to phasing of
development of Parcels 1, 2 and 3 and compliance with City's Inclusionary
Zoning Regulations, the provisions of the Fairway Ranch Development
Agreement related to phasing and compliance with the City's Inclusionary Zoning
Regulations may restrict the timing of development of the Multifamily Component.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first written above.
CITY OF DUBLIN
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEVELOPER
By:
Print Name:
Its:
Development Agreement
Fairway Ranch Condominium Component
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State of California )
)
County of Alameda )
On , 2003, before me, the undersigned, a Notary Public,
in and for said State and County, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary Public
Exhibit A
LEGAL DESCRIPTION OF PROPERTY
Parcel_ of Tract Map 7453, recorded.
Exhibit B
ADDITIONAL CONDITIONS
This Exhibit B contains Additional Conditions imposed pursuant to Section
5.3 of the Development Agreement ("Agreement"), by and between the City of
Dublin, a Municipal Corporation ("City") and Chang Su-O-Lin, Hong Lien Lin and
Hong Yao Lin (collectively, the "Developer") dated as of ,2003.
Capitalized terms used but not defined herein shall have the meanings ascribed
to such terms in the Agreement.
5.3.1 Subsequent Discretionary Approvals
None.
5.3.2 Mitigation Conditions
A. Infrastructure Sequencing Program. The infrastructure
sequencing program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. _of the City of Dublin Planning
Commission approving the Tentative Map for Tract 7453 and the City Council
Resolution approving the Site Development Review (hereafter "TM and SDR
Resolutions"), and those described below shall be completed by Developer to
the satisfaction of the City Engineer at the times and in the manner specified in
the TM Resolution unless otherwise provided below. All such roadway
improvements shall be constructed to the satisfaction and requirements of City's
Engineer.
-Condition _ [Dublin Boulevard/Dougherty Road Intersection
Improvements]:
Condition
reads as follows:
Intersection of Dougherty Road & Dublin Blvd.
In the event that the City does not have sufficient
Category 2 Eastern Dublin Traffic Impact Fee (T1F)
funds available, Developer shall advance the City
monies for the costs of design, right-of-way
acquisition and construction of the City Capital
Improvement Project at the Dublin Boulevard /
Dougherty Road intersection. The amount of money
to be advanced will be determined by the City
Development Agreement - Exhibit B
Fairway Ranch Condominium Component
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Engineer based on the Project's fair share of the
deficiency. Such payment is to be made within 30
days of written notice from the City Engineer. City
shall provide a credit to the Developer for Category 2
T1F for any monies advanced pursuant to this
condition. The City's Administration Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No.
23-99) shall govern all aspects of the credit.
DEVELOPER shall provide CITY with DEVELOPER's fair
share, as determined by CITY on the basis of the Project's trips, for
the costs of design and construction of Dublin Boulevard/Dougherty
Road Intersection Improvements by a payment to CITY in cash in
the amount of the Project's fair share of the deficiency, if any,
between funds available to CITY for the costs of design and
construction of Dublin Boulevard/Dougherty Road Intersection
Improvements and the cost of such project, as determined by the
Public Works Director. Such payment to be made within 30 days of
written notice from the Public Works Director to be given following
bid opening.
Notwithstanding the provisions of Section _ of this
Agreement, Condition _ shall survive termination of this
Agreement.
(ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Draina~e
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The storm drainage systems off site, as well as on site drainage systems
to the areas to be occupied, shall be improved consistent with the Dublin Ranch
Master Drainage Plan and the tentative map conditions of approval and to the
satisfaction of the City Engineer
(v) Other Utilities (e.a. aas, electricity, cable televisions,
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
B. Miscellaneous
(i) Completion of Public Improvements May Be Deferred.
Notwithstanding the foregoing, City's Engineer may, in his or her
sole discretion and upon receipt of documentation in a form satisfactory to the
City Engineer that assures completion, allow Developer to defer completion of
discrete portions of any public improvements for the Project if the Public Works
Director determines that to do so would not jeopardize the public health, safety or
welfare.
5.3.3 Phasina: Timina
This Agreement does not require the Developer to commence or complete
development of the Project within any period of time set by City. Subject to the
provisions of the Fairway Ranch Development Agreement, Developer shall be
permitted to develop the Property in accordance with its own time schedule,
consistent with the Project Approvals.
5.3.4 Financinl!:l Plan
Developer shall install all improvements necessary for the Project at its
own cost (subject to credits for any improvements which qualify for credits as
provided in Section 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in Sections 5.3.2(A)(ii) and (ijj) above.
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5.3.5 Fees, Dedications
A. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
issuance.
Developer further agrees that it will pay a minimum of three percent
(3%) of the "Section 1/Category 1" portion of the TIF in cash.
Developer also agrees that it will pay 12.4% of the "Section 2/Category 2"
portion of the TIF in cash. If City amends its TIF fee and as a result the City's
outstanding balance due on loans is less than 12.4% of total Section 2/Category
2 improvements, the Developer shall pay such reduced percentage of the
"Section 2/Category 2" portion of the TIF in cash.
Developer may use any credits it has for payment of the balance of the
TIF in accordance with City's Administrative Guidelines for Eastern Dublin Traffic
Impact Fees (Resolution No. 23-99 "TIF Guidelines").
B. Traffic Impact Fee to Reimburse Pleasanton for Freeway
InterchanQes.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98
and by any subsequent resolution which revises such Fee. Developer will pay
such fees no later than the time of issuance of building permits and in the
amount of the impact fee in effect at time of building permit issuance.
c. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 214-02, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the then-current amount of the fee. Developer may use the
credits for payment of the Community Park Land portion of the Public Facilities
Fee granted to the Un Family by the Master Development Agreement in
accordance with City's Public Facilities Fee Guidelines (Resolution 195-99).
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D. Noise Miti~ation Fee.
Developer shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the fee in effect at time of building permit issuance.
E. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
California Government Code Section 53080 and the agreement between
Developer and the Dublin Unified School District regarding payment of mitigation
fees.
F. Fire Impact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Developer may use any credits it has for payment of the fire facilities fee,
provided credits for improvements, land and equipment may only be used to
satisfy payment of the same components of the fire facilities fee.
G. Tri-Valley Transportation Development Impact Fee.
Developer shall pay the Tri-Valley Transportation Development Fee
in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or
any subsequent resolution which revises such fee. Developer will pay such fees
no later than the time of issuance of building permits and in the amount of the
impact fee in effect at time of building permit issuance.
5.3.6 Credit
A. Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if
such improvements are constructed by the Developer in their ultimate location.
All aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines").
B. Traffic Impact Fee Right-of-Way Dedications -- Credit
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Fairway Ranch Condominium Component
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6331 00-2
City shall provide a credit to Developer for any TIF area right-of-
way to be dedicated by Developer to City which is required for improvements
which are described in the resolution establishing the Eastern Dublin Traffic
Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines.
5.3.7 Miscellaneous
A. Affordable Units
In accordance with the City's Inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68), the Fairway Ranch Development Agreement and
the Regulatory Agreement, Developer shall ensure that 52 housing units
constructed as part of the Project shall be available for a period of not less than
55 years to households of moderate income at affordable housing cost.
B. Survival.
The provisions of this Section 5.3.7 shall survive the expiration of the term
of the Agreement.
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Fairway Ranch Condominium Component
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RESOLUTION NO. 03 - 31
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING TENTATIVE TRACT MAP 7453
CONCERNING P A 03-010, FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY
WHEREAS, Dublin Ranch Holdings, LLC has requested approval of Tentative Tract Map 7453 for PA
03-010, Fairway Ranch Affordable Housing Community, on approximately 24.78 gross acres (19.68 net acres) of
land located in Dublin Ranch Area B, within the Eastern Dublin Specific Plan, between Dublin Boulevard and
Central Parkway, East of Keegan Street (APN 985-0027-001) for the development of 930 residential dwelling
units, of which 322 are senior rental units, 304 are multi-family rental units, and 304 are for-sale condominiums;
and,
WHEREAS, of the 322 senior rental units, 292 units are affordable to very-low, low, and moderate
income households; and of the 304 multi-family rental units, 243 units are affordable to very-low, low, and
moderate income households; and of the 304 for-sale condominiums, 52 units are affordable to moderate income
households; and
WHEREAS, of the 292 affordable senior rental units, 64 units are for very-low income households, 97
units are for low income households, and 131 units are for moderate income households; and
WHEREAS, of the 243 affordable multi-family rental units, 63 units are for very-low income households,
90 units are for low income households, and 90 units are for moderate income households; and
WHEREAS, of the 52 affordable for-sale condominiums,. all 52 units are for moderate Income
households; and
WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision
Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or
financing, unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map
Act and City of Dublin Subdivision Regulations; and,
WHEREAS, the Applicant/Developer has submitted a complete application for a Tentative Tract Map
dated June 9, 2003 and on file in the Community Development Department, Planning Division; and,
WHEREAS, Pursuant to the Califomia Environmental Quality Act, staff has recommended that the
Project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that arc
consistent with a specific plan. This recommendation is based on a determination that there are no supplemental
impacts that would require preparation of a Supplemental ErR, as further documented in the Initial Study prepared
by the City, dated June 2003, and incorporated herein by reference. The Initial Study found that the environmental
impacts of the Project were addressed by the Negative Declaration approved by the City Council in Resolution No.
140-97 for the Planning Development Rezoning for 453 acres of Dublin Ranch which includes the Property and the
Project and by the Environmental hnpact Report for the Eastern Dublin General Plan Amendment and Specific
Plan (SCH 91103064) which was certified by the Council in Resolution No. 51-93 and the Addenda dated May 4,
1993 and August 22, 1994; and
WHEREAS, the City of Dublin Planning Commission did hold a public hearing on said application on
June 24,2003; and,
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and,
- 1 -
ATTACHMENT .3
WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of
Tentative Tract Map 7453 subject to the conditions prepared by Staff; and,
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations and testimony hereinabove set forth.
WHEREAS, the City of Dublin Planning Commission does hereby find that:
1. Tentative Tract Map 7453 is consistent with the intent of applicable subdivision regulations and
related ordinances.
2. The design or improvements of Tentative Tract Map 7453 is consistent with the City's General
Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a
subdivision for implementation of a residential community in an area designated for high-density
residential development.
3. Tentative Tract Map 7453 is consistent with the Planned Development District and Land Use and
Development Plan/District Planned Development Plan approved as P A 96-039 for this proj ect and
is therefore consistent with the City of Dublin Zoning Ordinance.
4. The site is located adjacent to major roads on 24.78 gross acres (19.68 net acres) of relatively flat
topography and is, therefore, physically suitable for the type and density of development.
5. With the incorporation of mitigation measures from the Final Program EIR and subsequent
addenda, the design of the subdivision will not cause environmental damage or substantially injure
fish or wildlife or their habitat or cause public health concerns.
6. 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.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Planning
Commission hereby conditionally approves the Tentative Tract Map 7453, Exhibit A of Attachment 1, PA 03-010
which will subdivide the property into four parcels with Parcels 1 & 2 for residential purposes, Parcel 3 for
residential condominium purposes, Parcel 4 as the remaining parcel, and dedicates the right-of-way for the adjacent
portions of Dublin Boulevard, "Y" Street, and Central Parkway, further identified as APN 985-0027-001. This
approval shall conform generally to: the Tentative Tract Map 7453 prepared by MacKay & Somps, dated received
on June 9, 2003, by the Community Development Department, and consisting of two (2) sheets stamped approved
except as specifically modified by the Conditions of Approval contained below.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building
permits or establishment of use, and shall be subiect to Planning Department review and ap?roval. The following
codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval:
[PLl Planning, rBl Building, rpOl Police, rpWl Public Works rADMJ Administration/Citv Attorney, rpCSl Parks
and Communitv Services, (Fl Alameda Countv Fire Department. and rnSRl Dublin San Ramon Services District.
- 2 -
1.
Existing Parcel Conditions of Approval. Applicant shall comply
with PA 03-010 for the Tentative Tract Map 7453 prepared by
MacKay & Somps, dated received June 9, 2003, by the Community
Development Department. The Tract Map shall be substantially in
accordance with Tentative Tract Map 7453.
Ordinances/General Plan Policies. Applicant shall comply with the
Subdivision Map Act, City of Dublin Subdivision Ordinance, City of
Dublin Zoning Ordinance, Public Works Policies and City Grading
Ordinance, City of Dublin General Plan, and the Eastern Dublin
Specific Plan.
Hold Harmless/Indemnification. Applicant/Developer shall
defend, indemnify, and hold harmless the City of Dublin and its
agents, officers, and employees and others providing information to
the City and its Staff from any claim, action, or proceeding against
the City of Dublin or its agents, officers, or employees and others
providing information to the City and its Staff, to attack, set aside,
void, or annul an approval of the City of Dublin or its advisory
agency, appeal board, Planning Commission, City Council, Director
of Community Development, Planning Manager, 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 roceedings.
Standard Public Works Conditions of Approval: Developer shall
comply with all applicable City of Dublin Standard Public Works
Conditions of Approval (Attachment A).
Clarifications and Changes to the Conditions: In the event that
there needs to be clarification to these Conditions of Approval, the
Director of Community Development and the City Engineer have the
authority to clarify the intent of these Conditions of Approval to the
Developer without Planning Commission approval provided such
clarification is in writing and signed by both the Director of
Community Development and the City Engineer. The Director of
Community Development and the City Engineer also have the
authority to make minor modifications to these conditions without
Planning Commission approval provided such modifications are in
writing and signed by both the Director of Community Development
and the City Engineer in order for the Developer to fulfill needed
improvements or mitigations resulting from im acts to this project.
Final Map: The Final Map shall be substantially in accordance with
the Tentative Map for Tract 7453 prepared by MacKay and Somps
and approved with this application, unless otherwise modified by
these conditions.
2.
3.
4.
5.
6.
- 3 -
PL
PL
PL,
ADM
PW
PW,PL
Approval of
Improvement
Plans through
completion
Prior to
approval of the
Tract Map and
On-going
Prior to
approval of the
Tract Map and
On-going
Final Map
Improvement
Plans
As needed
PW
Final Map
7.
Street Lighting Maintenance Assessment District: The Developer PW
shall request the area within Parcels 1, 2 and 3 be annexed into the
Street Lighting Maintenance Assessment District and shall provide
any exhibits required for the annexation. Annexation shall be
completed prior to sale of any of the condominium units.
US Army Corps of Engineers Permit: Developer shall comply with PW
all requirements of the US Army Corps of Engineers 404 Permit
issued for Dublin Ranch in a timeline consistent with the permit.
Water Supply: Prior to recordation of any final map, a sufficient PW, PL
water supply shall be available. This shall be demonstrated by a
written verification or otherwise pursuant to Government Code
Section 66473.7. If not requested by the City, the developer shall
request that DSRSD prepare a written verification that a sufficient
water su 1 is available to serve the subdivision.
8.
9.
Final Map
Grading and
Improvement
Plans
Final Map
10.
Final Map
11.
Rights of Ways: Developer shall offer for dedication to the City of PW
Dublin the full rights of way for Dublin Boulevard, Central Parkway,
and "Y" Street as shown on the Tentative Map, including additional
Keegan Street rights of way or easements for traffic signals and
pedestrian access at the two entrances, to the satisfaction of the City
Engineer.
Central Parkway Off-Site Right of Way: The Developer shall PW
dedicate to the City of Dublin by separate instrument the off-site
right-of-way for Central Parkway, as shown on the Tentative Map.
Central Parkway Alignment: The precise alignment of Central PW
Parkway may change from that shown on the Tentative Map. If the
City adopts a new alignment prior to the recording of the Final Map,
the Developer will provide dedications and improvements ill
accordance with the new alignment. In no case will the new
alignment require any land to be taken from Parcel 1 as shown on the
Tentative Map. This condition shall not delay the processing and
approvals of the plans and Final Map for the project.
Maguire Way and Finnian Way Easements: Developer shall PW
dedicate reciprocal access, parking, and emergency vehicle access
easements over Maguire Way in favor of Parcels 2 and 3 and over
Finnian Way in favor of Parcels 1 and 2. Additional easements shall
be provided as re uired b the Cit En ineer.
12.
13.
Final Map
Final Map
and
Improvement
Plans
Final Map
14. Dublin Boulevard: Developer shall construct street improvements
including frontage curb & gutter, sidewalk, median curbs, pavement,
drainage, sanitary sewer, water, utilities, traffic signage & pavement
markings, and street lighting on Dublin Boulevard as shown on the
Tentative Map and to the satisfaction of the City Engineer. Full
improvements shall be provided on the north side and partial
im rovements (travel lanes and shoulder) on the south side.
PW
SDR
TM
-4-
Final Map
\ ".:/")
15. Central Parkway: Developer shall construct street improvements
on Central Parkway as shown on the Tentative Map to the
satisfaction of the City Engineer. The improvements to include curb
& gutter, sidewalk, median curbs, pavement, drainage, sanitary
sewer, water, utilities, traffic signage & pavement markings, and
street lighting. Full improvements shall be provided on the south
side and partial improvements (trave11ane and interim shoulder) on
the north side.
16. "Y" Street: Developer shall construct street improvements on "Y"
Street between Dublin Boulevard and Central Parkway as shown on
the Tentative Map to the satisfaction of the City Engineer. The
improvements to include curb & gutter, sidewalk (west side only),
pavement, drainage, sanitary sewer, water, utilities, traffic signage &
pavement markings, and street lighting.
17. Keegan Street: Applicant shall complete and modify street
improvements including median, sidewalk, street lighting, and
landscaping on Keegan Street between Dublin Boulevard and Central
Parkway as shown on the tentative map and to the satisfaction of the
City Engineer.
18. Finnian Way: Developer shall construct street improvements
including curb & gutter, sidewalks, pavement, drainage, sanitary
sewer, water, and utilities on Finnian Way between Keegan Street
and "Y" Street as shown on the Tentative Map and to the satisfaction
of the City Engineer. The width the entrance driveway from Keegan
Street shall be reduced to the satisfaction of the City Engineer.
19. Maguire Way: Developer shall construct street improvements
including curb & gutter, sidewalks, pavement, drainage, sanitary
sewer, water, and utilities on Maguire Way between Keegan Street
and "Y" Street as shown on the Tentative Map and to the satisfaction
of the City En ineer.
20. Traffic Signals: Developer shall install traffic signals at the
intersections of Keegan Street/ Maguire Way, Keegan Street/ Finnian
Way, Dublin Boulevard! Keegan Street, and Central Parkway/
Keegan Street. The Developer shall install all conduits at the
intersections of Dublin Boulevard! "Y" Street and Central Parkway
/"Y" Street for the future traffic signals located at these intersections.
Interim two way STOP signs shall be installed at the intersections of
"Y" Street with Dublin Boulevard and with Central Parkway.
21. "Y" Street Traffic Signals : Developer shall enter into a Deferred
Improvement Agreement with the City to pay 50% of the cost for
design and installation of the future traffic signals at the Dublin
Boulevard! "Y" Street and the Central Parkway/ "Y" Street
intersections. The Deferred Improvement Agreement will not require
bonding.
- 5 -
PW
PW
PW
PW
PW
PW
PW
Final Map
Final Map
Final Map
Issuance of
first building
permit
Issuance of
first building
permit
Final Map
First Final
Map
SDR
TM
SDR
TM
SDR
TM
SDR
TM
SDR
TM
SDR
TM
SDR
TM
--/
22. Onsite Traffic Control: Developer shall provide all on site signs
and pavement markings to control on site traffic. STOP signs shall be
installed on Maguire Way and Finnian Way at the exits to "Y"
Street. Additional STOP or YIELD signs may be required at the
driveway intersections with Maguire Way and Finnian Way.
Developer shall submit a traffic signage and pavement marking plan
for review and a roval of the City Engineer.
23. On Street Parking Restrictions: Developer shall designate no
parking areas along Dublin Boulevard, along Keegan Street, Central
Parkway and "yr>' Street as shown on the Tentative Map, within 30
feet of any public street intersections, and as directed by the City
Engineer.
24. Intersection of Dougherty Road & Dublin Blvd.
In the event that the City does not have sufficient Category 2 Eastern
Dublin Traffic Impact Fee (TIF) funds available, Developer shall
advance the City monies for the costs of design, right-of-way
acquisition and construction of the City Capital Improvement Project
at the Dublin Boulevard! Dougherty Road intersection. The amount
of money to be advanced will be determined by the City Engineer
based on the Project's fair share of the deficiency. Such payment is
to be made within 30 days of written notice from the City Engineer.
City shall provide a credit to the Developer for Category 2 TIF for
any monies advanced pursuant to this condition. The City's
Administration Guidelines for Eastern Dublin Traffic Impact Fees
Resolution No. 23-99 shall overn all as ects of the credit.
PW
PW
PW
Improvement
Plans
Improvement
Plans
When
requested by
the City
25. Storm Drain Improvements: Developer shall construct all on site
storm drain improvements needed to serve Parcels 1,2 & 3 and within
the fronting streets. The storm drain lines shall be sized in
conformance with the Dublin Ranch Drainage Master Plan prepared
by Mackay and Somps. The Developer shall update the Drainage
Master Plan for the drainage improvements in "Y" Street and the
drainage crossings of Central Parkway including the crossing of the
"clean water" creek. The drainage improvements constructed in
Central Parkway and "Y" Street shall be in accordance with the
updated Drainage Master Plan.
26. Downstream Storm Drain Improvements: Developer shall install
drainage improvements or ditches downstream of the interim "Y"
Street pipe outlet at Dublin Boulevard to prevent standing water in
the pipe. This may be accomplished by an interim ditch along the
south side of Dublin Boulevard to the existing pond and pump at the
Dublin Boulevard! Keegan Street intersection if the G3 box culvert
Phase 1 (along 1580 to Keegan Street) is not completed. If Phase 1 of
the G3 box culvert is completed (or under construction) the drainage
from the "Y" Street line must flow by gravity across Area H to the
G-3 box culvert improvements to the satisfaction of the City
Engineer.
- 6 -
PW
PW
Improvement
Plans
SDR
TM
Grading and
Improvement
Plans
SDR
TM
27. Interim Storm Drain Diversion: The final grading plan for the area PW Grading SDR
at the end of Central Parkway shall be designed to improve the flow Plans TM
through the new swale and the swale shall be designed to prevent
erosion to the satisfaction of the City Engineer.
The grading and drainage improvements shall be constructed to
allow the channeled drainage to be connected to the "Y" Street storm
drain line if requested by the City due to development or road
extensions east of "Y" Street. Hydraulic calculations shall be
provided to confirm that the "Y" Street storm drain has adequate
capacity to accept the interim flows. In the event that flows cannot be
contained in the Y" Street storm drain, the Developer shall construct
a temporary storm drain connection from the drainage swale to the
Central Parkway storm drain line that connects to the Keegan Street
storm drain line or provide other systems approved by the City
Engineer.
28. Parking Lot Drainage: The surface parking lot on the north side of PW Improvement SDR
Building A-4 and the east side of Building A-5 on Parcell shall and TM
drain to a bio-swale as shown on the Tentative Map. The Landscape
landscaping and drainage improvements in the bio-swale shall be Plans
appropriate for water quality treatment.
29. Roof Drains: Drainage from roof leaders shall drain across bio- PW Improvement SDR
swales or into bio-filters prior to entering the storm drain system. and TM
The landscaping and drainage improvements in the bio-swale and Landscape
bio-filters shall be appropriate for water quality treatment. The City Plans
Engineer may exempt specific roof leaders from this requirement if
space limitations prevent adequate water treatment without creating
hazards, nuisance or structural concerns.
30. Sanitary Sewer and Water: Developer shall construct all potable DSRSD, Improvement DSRSD
and recycled water and wastewater pipelines and facilities in PW Plans
accordance with all DSRSD master plans, standards, specifications
and re uirements.
31. Public Utilities: Developer shall construct all water, reclaimed PW, Improvement SDR
water, gas, electric, cable TV, communication, sanitary sewer and DSRSD Plans TM
storm drainage improvements within the fronting streets and as
necessary to serve Parcels 1, 2, & 3 shown on the Tentative Map and
the future adjacent parcels as approved by the City Engineer and the
various Public Utility agencies.
32. Public Street Lights: Developer shall install streetlights in Dublin PW Improvement SDR
Boulevard, Central Parkway, "Y" Street, and Keegan Street to the Plans TM
satisfaction of the City Engineer. Standard cobra head streetlights
shall be provided in the Dublin Boulevard and Central Parkway
medians. The streetlights approved for Dublin Ranch shall be used
for the Keegan Street and "Y" Street.
33. Wash Area: There shall be a wash area for the trash dumpsters that PW,PL Building
drains to the sanitary sewer system. The wash area must be covered Permit
ifit is outside the building or as approved by DSRSD.
- 7 -
34.
Dublin Boulevard! Central Parkway Median Landscaping: PW, PL
Developer shall install landscaping in the median islands on Dublin
Boulevard and Central Parkway. Landscaping improvements shall be
to the satisfaction of the City Engineer and the Director of
Community Development. A separate irrigation system, meter, and
electrical power supply shall be provided for future maintenance by
the City.
Dublin Boulevard! Central Parkway! Keegan Street! "Y" Street PW, PL
Frontage Landscaping: Developer shall install landscaping in the
public right-of-way along the Dublin Boulevard, Central Parkway,
Kee an Street, and "Y" Street fronta es.
35.
First Phase
of
Development
With
Adjacent
Development
SDR
TM
SDR
TM
36. Tentative Map Approval: Tentative Map approval shall not be
effective until the City Council approves the related CEQA
determination, Site Development Review, and Density Bonus at
present scheduled for city Council review on July 1,2003.
ADM,
PL
PASSED, APPROVED, AND ADOPTED this 24th day of June 2003.
AYES:
Cm. Fasulkey, Jennings, King and Machtmes
NOES:
ABSENT:
Cm. Nassar
ABSTAIN:
ATTEST:
Planning Commissioner Chair
Planning Manager
- 8 -
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SUPERVISION OF:
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PARCEL 9
TRACT 714B
1257 M 11
DUBLIN BOULEVARD
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TRACT 7325 I.!
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TRACT 7148 I &l
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PARCEL 1
TRACT 7148
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TRACT 7327
1267 M 691
CENl'RAL
PARKWAY
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TO BE DEDICATED BY
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SERIES No, 2000 - 106747
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Vesting
Tentative Map
Tract No. 7453
Fairway Ranch
Residential Community
Dublin Ranch-Area B
Dublin, California
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MEDIUM DENSrry
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DUBLIN
RANCH
Fairway Ranch
Residential CommWlity
Dublin Ranch-Area B
Dublin, California
REVISIONS:
Df.SCRlPT10N I~
~
PROJECf NUMBER: ltm4-lJ
SCAlEo ''''''
DATE ISSUED: JUNEID,2003
SHEET TITLE:
Vesting Tentative
Map - Tract 7453
Site Plan &
Preliminary
Utility Plan
:mACICAY& Somps
ClVl\.ENCIN!:E!l1tlGol/lNtlptJ,HNlHGo!.ANtlSu!lvEYlN(;
SHUTJruMBER:
C2 Of Cl3
mAcKAYlsOm,s
CMLEHGlIlEERtMl..u.ml PLNlNlliGoLAllD SUINEYlIlG
SHmNUMBER:
C3
OF
7325
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LtJlOl;K.U."EaUIUlINasnOWN UTILIZING ^ "Sl/I'mlI'Jd)' CoNCEPT. P1H:E DtsJ'tIROOD A/UWI AR:ii :lTABI1.tlro. CH.lNGtS Tonm 1lll000lOH tJl)IfmOL
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1tJWA.AM>rHSUafAIttAIOOlIl.THATrTWILLNOTEROOE. AmlDVAI.. \
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Preliminary
Grading &
Erosion Control
Plan
Dublin Ranch. Area B
Dublin, California
Fairway Ranch
Residential Community
DUBLIN
RANCH
TYPICAL EROSION
N.T.S.
rffi~
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WATTLES ALONG
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GRAVEL
CONSTRUCTION
ENTRANCE/EXIJ;
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STRAW BALE
DIKE
lLL.Y o N S:
DESCRII'11ON *
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PROJECTNm,fBER: 16Q.l4-11
~ SCAlE: 1'''100'
DATE ISSUED: Junem,2003
r-,ll'" 01\. SHBBTTmB,
',.". .,,,,, Preliminary
..", Grading &
1.1mrlltU~~1lIiiFV(DtlX1~
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.,- ~ Erosion Control
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""' v,'-!\____.!!'! Plan, Details
IDAcKAY&:somps
GMl Em>t"lEffitHCootAND l"lANtIll;G_LlND SURVrYlNt
SHEET NUMBEIl.:
C4 OF Cl3
PLAN VIEW
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Dublin, California
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SECTION E-E 53' ROW
III.T.S.
TWO LANE INTERNAL STREET WITH PARKING
PERPENDICULAR PARKING ON ONE SIDE AT SENIOR HOUSING
SECTION J-J 47.5' ROW '
N.T.S. ---
mACKAJ& semps
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SECTION C-C 67.5' ROW
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RESOLUTION NO. 03 - 32
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
REFERRING DECISION MAKING AUTHORITY TO THE CITY COUNCIL
ON SITE DEVELOPMENT REVIEW AND DENSITY BONUS
FOR PA 03-010, FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY
WHEREAS, Dublin Ranch Holdings, LLC has requested approval of Site Development Review and a
Density Bonus for PA 03-010, Fairway Ranch Affordable Housing Community, on approximately 24.78 gross
acres (19.68 net acres) ofland located in Dublin Ranch Area B, within the Eastern Dublin Specific Plan, between
Dublin Boulevard and Central Parkway, East of Keegan Street (APN 985-0027-001) for the development of 930
residential dwelling units, of which 322 are senior rental units, 304 are multi-family rental units, and 304 are for-
sale condominiums; and,
WHEREAS, of the 322 senior rental units, 292 units are affordable to very-low, low, and moderate
income households; and of the 304 multi-family rental units, 243 units are affordable to very-low, low, and
moderate income households; and of the 304 for-sale condominium, 52 units are affordable to moderate income
households; and
WHEREAS, of the 292 affordable senior rental units, 64 nits are for very-low income households, 97
units are for low income households, and 131 units are for moderate i come households; and
WHEREAS, of the 243 affordable multi-family rental units, 63 units are for very-low income households,
90 units are for low income households, and 90 units are for moderat income households; and
WHEREAS, of the 52 affordable for-sale condominiums, all 52 units are for moderate Income
households; and
WHEREAS, the Applicant/Developer has submitted a complete application for a Site Development
Review and a Density Bonus dated June 9, 2003 and on file in the Community Development Department, Planning
Division; and,
WHEREAS, to comply with the City of Dublin Inclusionary Zoning Ordinance (Dublin Municipal Code
Chapter 8.68), 93 affordable units are required to be affordable for 55 years as follows: for the multi-family rental
portion, 31 units; for the senior portion, 32 units; and for the condominium portion, 30 units; and, the affordable
units within each portion are to be allocated as follows: 50% of which would be moderate-income units, 30% of
which would be very-low income units and 20% of which would be low income units; and
WHEREAS, the ApplicantlDeveloper proposes to provide an additional 332 units to remain affordable for
a period of 55 years in order to obtain affordable housing credits pursuant to Dublin Municipal Code (DMC)
Chapter 8.68.060 and seeks Council approval to use such credits to satisfy the Inclusionary Zoning requirements
for 2,655 future residential units within Dublin Ranch notwithstanding the fact that the units for which the
Applicant/Developer would receive such credits are generally smaller in size than the affordable units which would
be required for the 2,655 future residential units in Dublin Ranch and do not meet the allocation of affordable units
between moderate, low and very-low income households contained in DMC Chapter 8.68.060; and
WHEREAS, the Applicant/Developer proposes to provide an additional 162 units affordable for a period
of 55 years for which the Applicant/Developer would not receive credits under DMC Chapter 8.68.060 but for
which the City Council would provide certain benefits, including the concentration of affordable units on the
project site, reduced bedroom sizes for the affordable units, different affordable mix between very-low, low and
ATTACHMENT &.J
\
\ (1
i '
moderate, a loan in the amount of $4.5 million (split between the multi-family and senior phases), and a waiver of
possible commercial linkage fees; and
WHEREAS, the Applicant/Developer also proposes a Density Bonus of 186 units pursuant to DMC
Chapter 8.52 and proposes that 68 density bonus units will be located in the senior portion, 59 density bonus units
in the multi-family portion, and 59 density bonus units in the for-sale condominium portion, thereby increasing the
total density on the site from 744 units, which is the maximum permitted density pursuant to PA 96-039, Dublin
Ranch Areas B-E Planned Development District and Land Use and Development PlanlDistrict Planned
Development Plan, to 930 units; and
WHEREAS, the Applicant/Developer has requested the following concessions under the Density Bonus
ordinance (DMC Chapter 8.52), mixed use zoning for 5,000 square feet of retail, and expedited processing; and
WHEREAS, to be entitled to a Density Bonus and two concessions pursuant to DMC Chapter 8.52 and
state law (Government Code Section 65915), the ApplicantlDeveloper has to agree to construct at least 20% (149)
of the units for low income households and 10% (74) of the units for very low income households, for a total of
223 low and very low income units, and such units must be affordable for 30 years at rents of 30% of 60% of area
median income for low income units and 30% of 50% of area median income for very-low income units; and
WHEREAS, the Applicant/Developer has requested the Council to count the affordable units required by
the lnclusionary Zoning Ordinance and the 332 units for which the Applicant/Developer is requesting credits to
qualify for a density bonus; and
WHEREAS, Pursuant to the California Environmental Quality Act, staff has recommended that the
Project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with a specific plan. This recommendation is based on a determination that there are no supplemental
impacts that would require preparation of a Supplemental EIR, as further documented in the Initial Study prepared
by the City, dated June 2003, and incorporated herein by reference. The Initial Study found that the environmental
impacts of the Project were addressed by the Negative Declaration approved by the City Council in Resolution No.
140-97 for the Planning Development Rezoning Jar 453 acres of Dublin Ranch \vhich includes the Property and the
Project and by the Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific
Plan (SCH 91103064) which was certified by the Council in Resolution No. 51-93 and the Addenda dated May 4,
1993 and August 22, 1994; and
WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.I-6 allows the Planning
Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications,
unique or unusual circumstances, or the magnitude of the project; and
WHEREAS, the Planning Commission is referring the approval, conditional approval, or denial of
application P A 03-010, related amendments, and time extensions of permits to the City Council; and
WHEREAS, the Planning Commission did hold a public hearing on said application on June 24, 2003;
and,
WHEREAS, proper notice of said hearing was given in all respects as required by law; and,
WHEREAS, a Staff Report was submitted to the Planning Commission recommending referral of said
application to the City Council; and,
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby
transfer the original hearing jurisdiction for this project to the City Council pursuant to Chapter 8.96.020.C.3 of the
Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 24th day of June 2003.
AYES:
Cm. Fasulkey, King and Machtmes
NOES:
Cm. Jennings
ABSENT:
Cm. Nassar
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
RESOLUTION NO. 03 - 33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
FOUR DEVELOPMENT AGREEMENTS FOR
P A 03-010 FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY
WHEREAS, Dublin Ranch Holdings, LLC has requested approval of four Development Agreements for
PA 03-010, Fairway Ranch Affordable Housing Community, on approximately 24.78 gross acres (19.68 net acres)
of land located in Dublin Ranch Area B, within the Eastern Dublin Specific Plan, between Dublin Boulevard and
Central Parkway, East of Keegan Street (APN 985-0027-001) for the development of 930 residential dwelling
units, of which 322 are senior rental units, 304 are multi-family rental units, and 304 are for-sale condominiums;
and,
WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan; and
WHEREAS, Pursuant to the California Environmental Quality Act, staff has recommended that the
Project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with a specific plan. This recommendation is based on a determination that there are no supplemental
impacts that would require preparation of a Supplemental ErR, as further documented in the Initial Study prepared
by the City, dated June 2003, and incorporated herein by reference. The Initial Study found that the environmental
impacts of the Project were addressed by the Negative Declaration approved by the City Council in Resolution No.
140-97 for the Planning Development Rezoning for 453 acres of Dublin Ranch which includes the Property and the
Project and by the Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific
Plan (SCH 91103064) which was certified by the Council in Resolution No. 51-93 and the Addenda dated May 4,
1993 and August 22, 1994; and,
WHEREAS, a Draft Development Agreement is attached to this resolution as Exhibit A and covers three
parcels of land and includes provisions related to phasing, affordable unit credits, and waiver of the commercial
linkage fee; and
WHEREAS, three additional Draft Development Agreements are attached to this resolution as Exhibits B,
C, and D and are specific to the respective phases of the project, the senior phase, the multi-family phase and the
condo phase; and
WHEREAS, the Planning Commission did hold a public hearing on said application on June 24, 2003;
and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend
that the City Council approve the Development Agreements; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations and testimony hereinabove set forth.
NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make
the following findings and determinations regarding said proposed Development Agreements:
,. ATTACHMENT 5
1. Said Agreements are consistent with the objectives, policies, general land uses and programs
specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern Dublin Specific
Plan/General Plan land use designation for the subj ect site is Planned Development and that the
proposed Fairway Ranch Affordable Housing Community is consistent with that designation; b)
the project is consistent with the fiscal policies in relation to provision of infrastructure and public
services of the City's Eastern Dublin Specific Plan/General Plan; c) the Agreements set forth the
rules the Developer and City will be governed by during the development process which is
required by the Eastern Dublin Specific Plan; and the Mitigation Monitoring Program of the
Eastern Dublin Specific Plan.
2. Said Agreements are compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the real property is located in that the proj ect approvals include a
Tentative Tract Map, Site Development Review and Density Bonus.
3. Said Agreements are in conformity with public convenience, general welfare and good land use
practice in that the proposed Fairway Ranch Affordable Housing Community project will
implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as
proposed.
4. Said Agreements will not be detrimental to the health, safety and general welfare in that the
development will proceed in accordance with the Agreements and any Conditions of Approval for
the Project; and
5. Said Agreements will not adversely affect the orderly development of the property or the
preservation of property values in that the development will be consistent with the City of Dublin
Eastern Dublin Specific Plan/General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council approve the Development Agreements, in substantially the form attached
as Exhibits A, B, C, and D of Attachment 3, between Dublin Ranch Holdings, LLC and the City of Dublin for PA
03-010 Fairway Ranch Affordable Housing Community.
PASSED, APPROVED AND ADOPTED this 24th day of June 2003.
AYES:
Cm. Fusulkey, Jennings, King and Machtmes
NOES:
ABSENT:
Cm. Nassar
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 24, 2003
SUBJECT:
ATTACHMENTS: 1.
2.
"
...,.
4.
5.
6.
RECOMMENDATION: 1.
2.
3.
4.
5.
PROJECT DESCRIPTION:
PUBLIC HEARING: P A 03-010, Fai:nvay Ranch Affordable Housing
Community, Tentative Tract Map, Site Development Review, Density
Bonus, and Development Agreements
Report Prepared by Mike Porto, Planning Consultant and Marnie R.
Waffle, Assistant Planner
7.
Resolution approving Tentative Tract Map 7453 (with Tentative
Tract map attached as Exhibit A).
Resolution transferring decision making authority to the City
Council for P A 03-01 0, Fairway Ranch Affordable Housing
Community Site Development Review and Density Bonus.
Resolution recommending City Council approval of four
Development Agreements (with the Agreements attached as Exhibits
A, B, C, and D).
Fairway Ranch Project Plans dated June 10,2003.
TJKM Transportation Consultant's memo dated April 10, 2003.
Dublin Municipal Code Chapter 8.68, Inc1usionary Zoning
Ordinance.
Dublin Municipal Code Chapter 8.52, Density Bonus Ordinance.
6.
Open Public Hearing and receive Staff presentation.
Take testimony from the Applicant and the Public.
Question Staff, Applicant and the Public.
Close Public Hearing and deliberate.
Adopt Resolution (Attachment 1) approving Tentative Tract Map
7453.
Adopt Resolution (Attachment 2) transferring decision-making
authority to the City Council for P A 03-010, Fairway Ranch
Affordable Housing Community Site Development Review and
Density Bonus.
Adopt Resolution (Attachment 3) recommending City Council
approval of four Development Agreements.
7.
The project, referred to as Fairway Ranch, would be located in Dublin Ranch Area B, within the Eastern
Dublin Specific Plan. The proposed project would comprise 3 parcels of land totaling 24.78 gross acres
designated for high-density residential land uses, within a larger 4-parcel, 152-acre area. Parcel 4 (the
remaining 127.3 acres) is not part of this application. The Applicant is requesting approval of Tentative
Tract Map 7453, Site Development Review for Parcels I through 3 with a density bonus for affordable
housing, and four Development Agreements, for the construction of 930 residential units.
-------------------------------------------------------------------------------------------------------------
COPIES TO: Applicant
PA File
Proj ect Managers
ITEM NO.c"<€>';~J:c'
ATTACHr~1ENT (D
, Tract Map 7453, Site Development Review for Parcels 1 through 3 with a density bonus for affordabie
housing, and four Development Agreements, for the construction of 930 residential units.
Surrounding land uses include, undeveloped land to the east and north designated for Medium-Density
Residential, and to the south for Campus Office. To the west of the project site is Medium-High and High
Density Residential housing and a City park all of which is currently under construction as part of the
Town Center (Area G) project.
The three parcels comprising the Fairway Ranch project are proposed to be developed with the following
'residential housing types: 1) senior rental housing (55 years of age and older), 2) multi-family rental
housing, and 3) for-sale condominium housing. Of the 930 units, 587 (or 63%) would be affordable to
very low-income, low-income, and moderate-income households while 343 (or 37%) would be market-
rate. The definitions of low, very low, and moderate-income households are provided in the discussion
below on Affordability. Each of the three housing types would include both affordable and market-rate
units. Table 1 shows the distribution of affordable and market-rate units throughout the project.
TABLE 1
NO. OF AFFORDABLE AND MARKET -RATE UNITS BY PROJECT
Senior Rental 292 30 322 34%
Housing
Multi-Family Rental 243 61 304 33%
Housing
For-Sale
Condominium 52 252 304 33%
Housing
Total No. of Units 587 343 930 100%
Percent Distribution 63% 37% 100%
The large portion of affordable units proposed for Fairway Ranch would satisfy the Inclusionary Zoning
requirements for this project as well as for an additional 2,655 future residential units within Dublin
Ranch. The Applicant is also requesting a Density Bonus of 186 units, included in the 930 units
proposed, for providing units affordable to very-low and low income households. An explanation of the
lnclusionary Zoning requirements and the Density Bonus is provided in the discussion below on
Affordabili ty.
BACKGROUND:
In 1997, the City Council adopted Resolution 97-141 approving a Plamled Development District and
Land Use and Development PlanlDistrict Planned Development Plan (LUDP/DPDP) for Dublin Ranch
Areas B through E, located within the Eastern Dublin Specific Plan. This approval established the final
zoning for Areas B through E and required that a Tentative Map, Site Development Review, and
Development Agreement be approved prior to the issuance of building permits for the development of the
properties.
The Fairway Ranch project is proposed on a 24.78 gross acre parcel designated for High Density
Residential within a portion of Dublin Ranch Area B. The LUDP/DPDP designated a total of 744 units
on this site with a provision that this number could be increased during Site Development Review as long
2
as the total number of units for Areas B through E combined did not exceed 1,875 units. Additional
development regulations were adopted as part of the LUDPIDPDP including, a parking requirement of 1.9
spaces per dwelling unit for High Density Residential land uses; a reduction in the parking requirement
for assisted care/senior housing; and, setbacks.
ANALYSIS:
Tentative Tract Map
The Applicant is requesting to subdivide one 152-acre parceL into 4 separate parcels as shown on the
Tentative Tract Map, Exhibit A of Attachment 1. The Fairway Ranch project is proposed to be developed
on Parcels 1, 2, ahd 3 of Tentative Tract Map 7453 for a total of 24.78 gross acres (19.68 net acres).
Parcel 1 would be i:6.9 net acres, Parcel 2 would be i:6.8 net acres, and Parcel 3 would be i:6.4 net acres.
Parcel 4 is the remaining portion of the subdivision and is not a part of this application. Tentative Tract
Maps are subject to review and approval by the Planning Commission.
Tentative Tract 7453 is bounded by the extension of Central Parkway to the north, the extension of Fallon
Road to the east, Interstate 580 to the south, and the extension of Keegan Street to the west. The 3-parcel
Fairway Ranch project would be located in the northwest comer of Tentative Tract 7453 and is bounded
by the extension of Central Parkway to the north, the extension of Dublin Boulevard to the south, a new
street currently designated as "Y" Street to the east, and Keegan Street to the west. Parcels 1 & 2 would
be for the development of senior and multi-family rental units and Parcel 3 would be designated for
condominium purposes. (Exhibit A, Attachment 1).
As the Applicant's proposed Tentative Tract Map conforms with the City of Dublin General Plan, Eastern
Dublin Specific Plan, and previously approved LUDPIDPDP for Dublin Ranch Areas B-E, Staff
recommends the Planning Commission approve the Tentative Tract Map subject to the findings and
conditions of approval contained in the attached Resolution (Attachment 1) with the condition that the
approval shall not be effective until the City Council approves the related CEQA determination, Site
Development Review and Density Bonus for the Fairway Ranch project.
Site Development Review
Access and Circulation
The Fairway Ranch project site would be bound by the extension of Central Parkway to the north, the
extension of Dublin Boulevard to the south, a new street currently designated as "Y" Street to the east,
and Keegan Street to the west. Two vehicular access points are proposed along Keegan Street, at Finnian
Way and Maguire Way. Extensions of both Finnian Way and Maguire Way would be private streets and
are proposed to provide access through the site to future "Y" Street. The main access points would be
along Keegan Street with secondary access points proposed along future "Y" Street. The intersections at
Keegan Street/Finnian Way and Keegan Street/Maguire Way would be signalized.
The main entrance to the Senior project is proposed at Keegan Street and Finnian Way. Access to the
Senior West parking structure could be obtained from Finnian Way. A second entrance to the parking
structure would be located off of an internal street that wraps around the Senior East project. Access to
the Multi-Family and For-Sale Condominium projects are proposed at Keegan Street and Maguire Way.
Two parking structures, one for the Multi-Family project and one for the Condominium project, are
proposed and could be accessed from two separate entrances off of Maguire Way.
Pedestrian access to the site is proposed along Dublin Boulevard, Keegan Street, "Y" Street and Central
Parkway.
3
Four, on-site Emergency Vehicle Access Easements (BV AE) are proposed to accommodate fire truck
access to all of the buildings within Fairway Ranch. Two EV AE's would be located on Parcell, the
Senior Rental site. One EV AE is proposed to run along the Northern portion of the Senior West building
adjacent to Central Parkway. The other would intersect the Senior East project and run in a north-south
direction. The other two EV AE's would be located on-site along the easterly boundary of Parcel 2 (the
Family Rental site) and Parcel 3 (the For-Sale condominium site) adjacent to the proposed "Y" Street.
Site Plan
Parcell (Senior Rental Housing): This site, the northern-most of the three parcels, would be located
south of Central Parkway between Keegan Street and "Y" Street and is proposed to be developed with
322 units of Senior Rental Housing. Parcel 1 would be developed with five separate buildings and
generally divided into east and west sections. Building A-I, located on the westerly portion of Parcell
adjacent to Keegan Street would be developed with 4 levels of apartments (154 units) over one level of
parking partially below grade.
The east section of Parcel 1 would be developed with four buildings. Buildings A-2 and A-4 are proposed
to be three stories of apartments, and Buildings A-3 and A-5 would be constructed at four stories, for a
total of 168 units. Ninety-degree surface parking would be provided surrounding the project site. Some
carports would be provided as covered parking for the residents while a portion of the parking stalls
would remain uncovered for guests. Parcell would be separated from Parcel 2 on the south side by the
extension of Finnian Way as a private drive running between Keegan Street and the proposed "Y" Street.
Parcel 2 (Multi-Family Rental Housing): Parcel 2 is the middle parcel on the site and is proposed to be
developed with 304 units of Multi-Family Housing. A 4-level parking structure would be centrally
located on this parcel surrounded by 4-story residential buildings. Blocks of units are proposed to be
arranged around outdoor courtyards of varied designs and configurations. Parcel 2 would be separated
from Parcel 3, immediately to the south, by the extension of Maguire Way as a private drive running
between Keegan Street and the proposed "Y" Street. This drive entrance would be designed with a
landscaped median off of Keegan Street and a small roundabout visually tying the north and south sides
of the street together and identifying the access driveway to each parking structure.
In addition to the residential units, Parcel 2 would also include approximately 5,000 square feet of
ancillary retail/commercial uses located on the ground level at the southeast comer of Keegan Street and
Finnian Way.
Parcel 3 (For-Sale Condominiums): Parcel 3 would be located at the south end of this project on the
north side of Dublin Boulevard, and is proposed to be developed similar to the Multi-Family site with the
same mix of 304 units. The central parking structure would be 5 levels, but would not exceed the
surrounding residential buildings due to one level of parking being located partially below grade. The
surrounding residential structure would also be arranged around smaller, well-designed courtyards.
The Multi-Family project and the Condominium project are proposed to have common recreation areas
including open turf, tot-lots, lap pools, and clubhouses of approximately 2,770 square feet.
Floor Plans
The Applicant is proposing eleven different floor plans to be used throughout the 3 projects that vary in
size and layout. The units would be single-story units and range in size from 575 to 1,035 square feet.
Access to the units would be from interior corridors. Generally, there would be a minimum of two
stairwells and an elevator located on every floor. Laundry facilities, when not provided within the units,
4
would be available on the second and third floors of the three-:-story buildings and the second, third and
fourth floors of the four-story buildings. Trash chutes are proposed on each floor between the laundry
facility and the elevator with the collection area located on the first floor next to the elevator.
Table 2 provides a brief description of the basic elements of each unit type. Plans A through E are evenly
distributed within the Multi'-Family project and the For-Sale Condominium project. Plans F through G-2
are designed for the Senior Rental units.
TABLE 2
FLOOR PLAN TYPES
A 136 575 sf I 1 No Multi-Family
& Condo
B 72 650 sf 1 1 No Multi-Family
& Condo
B-2 48 710 sf 1 1 Yes Multi-Family
& Condo
C 80 825 sf 2 1 No Multi-Family
& Condo
C-2 88 867 sf 2 2 Yes Multi-Family
& Condo
D 72 987 sf 2 2 Yes Multi -Family
& Condo
E 112 1,035 sf 3 2 Yes Multi-Family
& Condo
F 102 575 sf 1 1 No Senior
F-2 80 673 sf 1 1 Yes Senior
G 60 787 sf 2 1 No Senior
'G-2 80 846 sf 2 2 Yes Senior
Total 930
Senior Project: Four of the 11 floor plans are designed for Senior Rental Housing. All floor plans in the
Senior East and West buildings would have utilitarian kitchens, living room/dining area, and terraces.
Floor plans F-2 and G-2 would have washer/dryers inside the units; floor plans F and G would not. Floor
plans F-2 and G would have walk-in closets while floor plans Fand G-2 would have standard sliding-door
closets.
Plan F: This floor plan is the smallest proposed at, 575 square feet. It has one bedroom and
one bathroom. A window would be provided in the bedroom and access to the terrace
would be through the living room. The Senior East complex is proposed to have 56 of
these units; the Senior West complex would include 46 units with this floor plan.
Plan F-2: This floor plan is proposed at 673 square feet and would also have one bedroom and
one bathroom. A washer/dryer would be located within these units. A window would
5
c::- r
'l--J }
be provided in the bedroom and access to the terrace could be obtained from the
bedroom as well as the living room. The Senior East complex is proposed to have 56
of these units; the Senior West complex would include 24 units with this floor plan.
Plan G: This plan is the only two-bedroom, one-bath unit proposed within the senior rental
project. It would be 787 square feet. One window would be provided in each
bedroom and access to the terrace would be through the living room. The Senior East
complex is proposed to have 28 of these units; the Senior West complex would include
32 units with this floor plan.
Plan G-2: This floor plan is proposed at 846 square feet with two bedrooms and two bathrooms.
A window would be provided in Bedroom #1 and the living room. Daylight
illumination for Bedroom #2 would be provided from a sliding glass door to the
terrace, which also may be accessed from living room. A washer/dryer would be
available inside these units. The Senior East complex is proposed to have 28 of these
units; the Senior West complex would include 52 units with this floor plan.
Multi-Family & For-Sale Condominium Project: Seven of the 11 floor plans are designed for the
Multi-Family and For-Sale Condominium Housing. All floor plans in these two projects are proposed to
have utilitarian kitchens, and living room/dining areas. Six of the seven floor plans would have a terrace;
four floor plans would have washer/dryers inside the units while three floor plans would not.
Plan A: This is the smallest floor plan proposed for the multi-family and condominium
buildings at 575 square feet. This unit would be a one-bedroom, one-bath unit. A
window would be provided in the bedroom and access to the terrace could be obtained
through a sliding glass door in the living room. 68 of these units are proposed to be
located in the multi-family building and the condominium building.
Plan B: This floor plan is proposed at 650 square feet and would also be a one-bedroom, one-
bath unit. There would be two windows in the bedroom, one of which would face the
terrace. A door would also be provided from the bedroom to the terrace. A sliding
glass door would give access to the terrace from the living room. There are proposed
to be 36 of these units in the multi-family building and the condominium building.
Plan B-2: This would be the largest of the one-bedroom, one-bath floor plans at 710 square feet.
This floor plan would include a washer/dryer within the unit. There would be two
windows in the bedroom, one of which would face the terrace. A door would also be
provided from the bedroom to the terrace. A sliding glass door would give access to
the terrace from the living room. There are 24 of these units proposed in the multi-
family building and the condominium building.
Plan C: This is the only two-bedroom, one-bath floor plan proposed for the multi-family and
condominium buildings. It would be 825 square feet. One window would be provided
in each of the bedrooms and a sliding glass door would provide access to the terrace
from the living room. There are 40 of these units proposed in the multi-family
building and the condominium building.
Plan C-2: This floor plan is 867 square feet and would be a two-bedroom, two-bath unit. A
washer/dryer would be located within the unit. A window would be provided in
Bedroom #1 and access to the terrace could be obtained through a sliding glass door in
6
\5(;
bedroom #2 as well as the living room. There are 44 of these units proposed' in, the
multi-family building and the condominium building.
Plan D:
This would be a slightly larger two-bedroom, two-bath unit at 987 square feet A
washer/dryer would be located within the unit. A window would be provided in
Bedroom #1 and access to the terrace could be obtained through a sliding glass door in
bedroom #2 as well as the living room. There are 36 of these units proposed in the
multi-family building and the condominium building.
Plan E:
This would be the only three-bedroom, two-bath unit. It is proposed to be the largest
unit at 1,035 square feet and would include a washer/dryer inside the unit. This would
be the only floor plan that does not have a terrace. One window would be provided in
each of the bedrooms. There are 56 of these units proposed in the multi-family
building and the condominium building.
Parking
Senior Rental Housing
The Senior East project is proposed to include four buildings with a total of 168 units. Surface parking is
provided on-site and would consist of 185 parking spaces. An additional 14 on-street parking spaces
would be allocated to the site, for a total of 199 parking spaces. A portion of the surface parking spaces
would be covered with carports. On-street parking spaces would be located along the west side of future
"Y" Street. There would be 8 on-site handicap-parking stalls, two of which would be van accessible. A
loading and unloading zone for moving vans would be been designated at the north end of the site as well
as fire lanes on the northeast and southwest comers ofthe site. (See Sheet C-8 of Attachment 4)
The Senior West project is proposed as a four-story building with 154 units, over one level of
subterranean parking. Parking would be provided as follows: 129 structured parking spaces, 21 on-site
surface spaces, 17 on-street spaces, and 11 joint use spaces with the adjacent retail building, for a total of
178 spaces. Seven of the on-site surface spaces would be located near the leasing office for the senior
apartments. All on-street parking spaces would be located along Central Parkway. There would be 6
handicap stalls within the parking structure, one of which would be van accessible, lon-site handicap
parking stall located just outside the leasing office and lon-site handicap parking stall associated with the
jointuse parking spaces. (See Sheet C-8 of Attachment 4)
The amount of parking proposed for the Senior project (377 parking spaces total) meets the parking
requirements established as part of a parking study which was conducted by TJKM and therefore meets
the requirements of the LUDPIDPDP and Inclusionary Zoning regulations.
Multi-Family Rental Housing
The Multi-Family project includes 304 units and is proposed to have 476 structured parking spaces, 10
on-site surface spaces, and 13 on-street spaces, for a total of 499 spaces. Four stories of structured
parking would be provided with four stories of residential units surrounding the structure. 11 on-site
surface parking spaces would serve the 5,000 square feet of retail as well as guest parking during off peak
retail hours. All on-street parking spaces would be located along the west side of future "Y" Street.
There would be 1 0 handicap parking stalls within the structure two of which would be van accessible and
1 on-site surface handicap stall. (See Sheet C-8 of Attachment 4)
The amount of parking proposed for the Multi-Family project (499 parking spaces total) meets the
parking requirements established as part of a parking study, which was conducted by TJKM and therefore
meets the requirements ofthe LUDP/DPDP and Inclusionary Zoning regulations.
7
For-Sale Condominium Housing
The For-Sale Condominium project includes 304 units is proposed to have 550 structured parking spaces,
lIon-site surface spaces, and 16 on-street spaces, for a total of 577 spaces. The structured parking would
be similar in design to the Multi-Family project but would have 5 stories of parking with four-stories of
residential units surrounding the structure. All on-street parking spaces would be located along the west
side of future "Y" Street. There would be 9 handicap parking stalls within the structure two of which are
van accessible and 1 on-site surface handicap stall. (See Sheet C-8 of Attachment 4)
The amount of parking proposed for the Condominium project (577 parking spaces total) meets the
parking requirements established in the approved LUDP/DPDP.
Parking Requirements - Background
As previously stated in this staff report, the LUDP/DPDP established a 1.9 parking ratio for High Density
Residential land uses, with a provision that these standards could be modified for assisted care/senior
units. Parking standards are also regulated under the City's Inclusionary Zoning Ordinance, which allows
for reductions in parking for affordable housing units. While both the LUDP/DPDP and Inclusionary
Zoning Ordinance allow for reductions in parking standards, they do not stipulate what this reduced
standard should be.
In order to determine what an appropriate parking ratio would be for the senior housing and affordable
multi-family housing, the City consulted with TJKM to prepare a parking study. The parking study
evaluated six, affordable senior communities and five, affordable multi-family communities (Attachment
5). For-Sale condominium communities were not studied since the ratio of 1.9 spaces per unit was
established as a development standard by the LUDP/DPDP. The results of the parking study are as
follows:
1. A parking ratio of 1.17 parking stalls per unit was derived for affordable senior units; and,
2. A parking ratio of 1.54 parking stalls per unit was derived for affordable multi-family units.
Based on the LUDP/DPDP and the findings from the parking study, the parking requirements for Fairway
Ranch are as follows (see Table 3 for summary):
1. For all senior rental units, a parking ratio of 1.17 parking stalls per unit multiplied by 322 units
produces a parking requirement of 377 stalls.
2. For affordable multi-family rental units, a parking ratio of 1.54 parking stalls per unit multiplied
by 243 units produces a parking requirement of 374 stalls.
3. For market-rate multi-family apartment units, a parking ratio of 1.9 parking stalls per unit
multiplied by 61 units produces a parking requirement of 116 stalls.
For consistency, the same parking ratios (1.54 stalls/unit for affordable units and 1.9 stalls/unit for
market-rate units) were used to determine the parking requirement for the for-sale condominium units and
are as follows (see Table 3 for summary):
1. For affordable for-sale condominiums, a parking ratio of 1.54 parking stalls per unit multiplied by
52 units produces a parking requirement of 80 stalls.
2. For market-rate for-sale condominiums, a parking ratio of 1.9 parking stalls per unit multiplied by
252 units produces a parking requirement of 479 stalls.
8
TABLE 3
PARKING RATIOS & REQUIRED PARKING
li:.i. ...~ i. .c' c.__ ... .i.<
i......g...g...... '--'~~+~"'. '.i.'iO'"
\ Senior
All Units 322 1.17 377
Total 322 units 1.17 377 stalls 377** stalls (1.17 ratio)
Multi-Family
Affordable 243 1.54 374
Market 61 1.9 . 116
Total 304 units 1.61 490 stalls 499 stalls (1.64 ratio)
Condominium
Affordable 52 1.54 80
Market 252 1.9 479
Total 304 units 1.84 559 stalls 577 stalls (1.90 ratio)
*Parking ratios are based on the approved LUDP/DPDP and a parking study conducted by TJKM.
**This total includes 11 parking spaces for joint use between the retail building and senior building A-I.
In total, the parking requirements for the Fairway Ranch Affordable Housing Community are:
1. 377 stalls for the senior rental proj ect,
2. 490 stalls for the multi-family rental project, and
3. 559 stalls for the for-sale condominium project.
The Applicant is proposing to provide,
1. 377 stalls for the senior rental project (equal to the requirement),
2. 499 stalls for the multi-family rental project (9 stalls more than the requirement), and
3. 577 stalls for the for-sale project (18 stalls more than the requirement).
As proposed, the Fairway Ranch project satisfies the parking ratios determined by the LUDP/DPDP and
the parking study for each housing type.
Sit uttle Service
Shuttle service is proposed to be provided for the residents of the Fairway Ranch project and would
operate on a fixed schedule and route providing reliable service seven days a week. During the weekday
commute hours, the shuttle would provide transportation to the Dublin/Pleasanton BART Station, ACE
train station, and selected business parks and/or employment locations as dictated by the needs of the
residents. During the day and evening non-commute hours and on weekends, the shuttle would provide
transportation to local shopping centers, medical facilities, recreational areas and other destinations. The
route and schedule would be tailored to the needs of the residents.
Architecture
The general design theme and concept for the building exteriors reflect elements of the Craftsman style.
These elements include simulated hardboard siding, stone veneer details; shake singles, wooden accent
trims, and window mullion patterns. Given the mass and scale of three and four-story structures, a variety
of materials and color schemes are used to simulate the features of a wooden structure. Attention has
been paid to the articulation of exterior facades, rooflines, window openings, and terraces.
9
I l (:
, . I tP;
With the building height in mind, exterior facade planes have been varied extensively in terms of depth,
color, and materials to provide visual interest and reduce mass. Functionally, each building is constructed
with a flat roof. However, hip rooflines, accent gables, and parapets create an interesting silhouette for
otherwise large-mass structures and provide screening for roof-mounted equipment such as HV AC and
elevator housings.
Unlike other large-scale projects, which create high-density residential development, the Fairway Ranch
project has been designed to provide open space courtyards visually accessible from every unit. In
addition, these courtyards break the visual mass ofthe structure by providing deep recesses in the building
plane interrupting the views from off site. Although the buildings as a whole create a high-density product
(38.0 units to the gross acre, 47.0 units to the net acre), the overall impression of the architecture and
design concept should serve to provide a feeling of a project that is significantly less dense.
The architect has offered six different color schemes for the buildings comprising this project. The color
schemes are reflective of natural tones identified with the craftsman style with tones of natural elements
of wood and stone in browns, grays, and tans. Each scheme includes a harmonious palette for roof
materials, exterior stucco, wood siding, wooden trim, fascia boards, gabled end accents, rails, trellises,
and stone veneers. IIi place of wood, certain surfaces or details are provided by colored cementous
materials within each scheme shown to simulate hardboard siding, shingles, and trim. These products
represent the current technology in long lasting maintenance free materials that will add to the longevity
of this project. Over time, the project will maintain an attractive and clean look without the deterioration
associated with natural materials.
roof shingle
mISSIOn
brown
building millet
mam
color
trellis accent
sweet earth
wood siding none
accent
wood fascia, lemon
gable end & chiffon
potshelf
wood siding blue comet
guard rail
building base
blackmar
lemon
chiffon
none
stucco accent
stone veneer
Fog
southern
cedar
sawyer's
fence
wayfarer
gray
daplin
wayfarer
gray
blush box
blackmar
none
white
shadow
fox valley
weathered
wood
Madonna
lily
kayak
brown
stone lion
SWISS
coffee
elkhorn
cactus
, blackmar
SWISS
coffee
none
cedar
drystack
burnt
SIenna
tenderfoot
burntside
amber
waves
burntside
burntside
blackmar
none
windrift
Wisconsin
weathered
weathered
wood
lulled beige
White
shadow
None
White
shadow
muddy
flver
Blackmar
white
shadow
none
SiIverado
weathered
copper canyon
walnut wash
little bighorn
none
little bighorn
wild country
blackmar
restorative
none
cedar drystack
The ground level is typically defined with a stone veneer used as an exterior material or to accent pylons
supporting entryway canopies; Typical to the Craftsman style, walls, pilasters, and headers (lintels) of
vvindow and door openings are topped with heavj beams or concrete caps. Windows openings are
vertically rectangular and heavily trimmed. Window mullions are arranged with small upper lights and
10
larger rectangular panels beneath. The gabled ends are embellished with open-ended extended beams,
decorative brackets, accent-colored fascia boards, or simulated shingles or siding.
In addition to the recreation areas discussed above, the multi-level residential buildings are designed
around smaller courtyards. The proposed plan offers three interior courtyard designs and three different
building entry designs in terms of paved surface materials, patterns, and landscaping. The courtyard or
entry turf areas vary from square, oval, round, or rectangular. Hardscape and walkways are textured or
colored concrete landscaped with canopy trees, flowering accents, and limited seating to provide a
peaceful and restful space within a high-density area.
A majority of the Multi-Family and Condominium Buildings provide parking for their tenants and owners
within parking' structures. Generally every unit within these properties will have a minimum of one
covered parking space. The large senior podium building is built over parking so a portion of the senior
units will have covered parking. Carports for 147 cars designed in keeping with the architectural style of
the main senior building and the four easterly buildings will be provided directly adjacent or within close
walking distance to the units they serve.
In general, the exterior design, open space, and color schemes provide an interesting and attractive image
given the scale and density of this project.
Landscaping and Fencing;
In accordance with the Site Development Review Ordinance, the applicant has provided a conceptual
landscape plan. The proposed plant palette has been reviewed by the City's landscape architect for
consistency with plant materials compatible with the climatic conditions in Dublin.
The most significant features of the landscape plan are the designs for the individual courtyards on the
Multi-Family and Condominium buildings. These courtyards have been designed to provide a formal
open space accessible from the adjacent travel way and the buildings themselves. The development
pattern proposed incorporates paved areas and walkways, seating areas and a series of canopy tress for
shade and accent trees for color. The individual plant palette for the shrubs and bushes will accent the
structure and provide softening of the lower floor plane. The Trees themselves will soften the building
architecture while providing visual backdrops for the courtyards themselves.
The entry drives at both Keegan and "Y" Street has been highly embellished with special pavement,
unique pavement patterns, landscaped medians and a hierarchy of trees and entry monuments.
The landscape features for the senior development include a formalized landscaped courtyard surrounded
by the four individual buildings located on the east side of the site. This courtyard also doubles as the
emergency vehicle access (EVA) through this portion of the project. The EVA is all but indistinguishable
due to the landscape architect's design for the pavement patterns and placement of plant materials. The
podium level of the main senior building incorporates a synthetic ball court, formal planting rows to
create canopied seating areas and a wheelchair accessible spa. A trellis is featured connecting the building
wmgs.
There are two special recreational amenities, one for the Multi-Family project and another for the
Condominium property. These facilities are encompassed by the building mass and include a lap pool,
spa, children's play area, and open turf area and trellis structures. A leasing office/recreation room
building is included for each property and contains the restroom facilities and pool equipment.
Landscaping in these recreation areas is kept toward the perimeter to allow for maximum recreational
usage and to soften the building masses.
11
,f)
The streetscapes along the perimeters of Dublin Boulevard, Keegan Street and Central Parkway will be
continuations of the streetscapes already established for the Dublin Ranch Area G properties currently
underway. The Streetscape for "Y" Street will be consistent in pattern with the streetscape on Keegan,
however the tree type is proposed to be Chinese Elm, which is a consistent tree to the climatic conditions
in Dublin.
Generally, no real fencing is proposed for the project. In accordance with the requirements from the
Dublin Police, there will be fencing at the ground floor of the parking structures to prohibit direct access
across the landscaping from the parking structures to the ground floor units. The pedestrian bridges from
the .parking garage to the units are unfenced but a solid railing is proposed. Additionally, where the open
patios are facing "Y" Street and Dublin Boulevard on both the Multi-Family and Condominium Units,
low 42 inch wrought iron fencing is proposed for separation of the private and public uses. Along Dublin
Boulevard, each courtyard is to be enclosed with a combination of low wrought iron fencing supported
with a series of stone pilasters consistent with the building materials and the other pilasters found
throughout Dublin Ranch. The fences will connect between building wings and walkways out to Dublin
Boulevard will be provided.
The overall landscape program for Fairway Ranch will serve to visually enhance the buildings, provide
the residents with much more landscaped open space than similar high-density projects and will be
consistent and in keeping with the high quality landscape environments created on similar projects in
Dublin.
Sound Attenuation
A mitigation measure contained in the Environn1ental Impact Report for the Eastern Dublin Specific Plan
requires sound studies for buildings abutting major arterials. As this project abuts both Central Parkway
and Dublin Boulevard, a sound study will be required for compliance with the mitigation measure.
Generally, normal residential construction with upgraded windows can adequately attenuate vehicular
noise for the interior structures. However, exterior open space areas require special considerations when
attenuation is necessary. It is anticipated that several of the open patios and balconies facing Dublin
Boulevard and possibly Central Parkway will require attenuations. The normal method of accomplishing
this is with the use of Plexiglas or tempered glass panels. The architect has allowed for this eventuality in
the design for the project. The Plexiglas or tempered glass panels allow for the residents views to be
uninterrupted and provides for an un-interrupted view of the project from off site.
Affordability
lnclusionary Zoning
The purpose of lnclusionary Zoning is to increase the number of residential units affordable to households
of very-low, low, and moderate incomes. In order to accomplish this goal, the City has adopted an
Inclusionary Zoning Ordinance that requires all new residential developments of 20 units or more to
provide 12.5% of total number of units as affordable. Of those 12.5% affordable units, the Ordinance
further requires that 30% be affordable to very-low incomes, 20% to low incomes, and 50% to moderate
incomes. The Ordinance defines the levels of affordability for very-low, low, and moderate incomes as
follows:
1. Very-low: incomes that do not exceed 50% of the area median income;
2. Low: incomes that are between 50% and 80% of the area median income; and,
3. Moderate: incomes that are between 80% and 120% of the area median income.
12
The Fairway Ranch project consists of 930 residential units of which 587 units would be affordable to
very-low, low, and moderate-income households. The project exceeds the requirements of the
T~~l..n~~_n_.. '7~_~__ {\_...t~~n_ne n_...t :~ :.~..~-...ted "0 n<n":n.{:'n ..t..~ -f"'nr-1nble t..oun~-- -e~ul're'-r.ents rOr" ~1. ^
H1'-'1u;:nvucuy LJVU1l1z:, \..I1U111<U1'-' , auu 1;:' lULI;;UU L ;:,aLl;:'.lY Ull;; a J.V ua 11 ;:'J.Hz:, 1 Y. ,h1 1 '1 lIle
remainder of Dublin Ranch, by providing 63% of the total number of units as affordable. Table 4
provides a breakdown of the distribution of affordable and market-rate units for the senior, multi-family
and condominium portions of the project. The affordable units are distributed evenly by floor and
throughout each project (Attachment 2, Sheets A-3 to A-6, A-II & A-12, A-14 & A-15, A-19 to A-22,
A-24 to A-27). For a breakdown of affordable and market-rate units by floor plan, see Attachment 4,
Applicant's Written Statement, page 2 of 11.
TABLE '4
AFFORDABLE AND MARKET -RATE UNIT DISTRIBUTION
Senior 64(20%) 97 (30%) 131 (41%) 30 (9%) 322
Apartments
Multi-"Family 63 (20%) 90 (30%) 90 (30%) 61 (20%) 304
Apartments
For-Sale 0(0%) 0(0%) 52 (17%) 252 (83%) 304
Condominiums
Total Units 127 187 273 343 930
Percenta e 14% 20% 29% 37% 100%
In exchange for providing affordable housing above and beyond what the Inclusionary Zoning Ordinance
requires, the Applicant has requested the Council create "affordable unit credits" for 332 of the affordable
units pursuant to Dublin Municipal Code Section 8.68.060. This number of "affordable unit credits"
would satisfy the Inclusionary Zoning Ordinance requirements for the Fairway Ranch project and for
2,655 units developed in the rest of Dublin Ranch. The developer will be providing an additional 162
affordable units for which the developer has not requested "affordable unit credits." The developer has,
however, requested other benefits from the City in consideration of the provision of an additional 162
units. These benefits to the developer include:
a. Concentration of affordable units on the project site contrary to the ordinance's provisions;
b. Reduced bedroom sizes for the affordable units;
c. Different affordable mix between very-low, low and moderate than required by the
ordinance;
d. A loan in the amount of $4.5 million (split between the multi-family and senior phases);
e. A waiver of possible commercial linkage fees for all future Dublin Ranch commercial
areas;
f. A reduction in required parking spaces; and
g. A reduction in minimum setback requirements.
Density Bonus
The Fairway Ranch project proposes to construct a total of 930 units, which includes a Density Bonus
request of 186 units. As mentioned previously in this Staff Report, the 1997 LUDP/DPDP approved a
total of 744 units for this site (744+186=930). In order to qualify for a Density Bonus and one
"concession" pursuant to the City's Density Bonus Ordinance, a project must provide one of the following:
20% of the total units for lower income households, or 10% of the total units for very-low income
13
households, or 50% of the total units for senior citizens. A project that proposes both 20% low-income
units and 10% very low-income units qualifies for a density bonus and two "concessions."
The Fairway Ranch project proposes to provide 25% of the total units for low-income households
(189/744=.25) and 17% of the total units for very-low income households (127/744=.17) thereby
exceeding the minimum qualifications for a density bonus. In addition to being granted a Density Bonus
for providing affordable housing, the Applicant is thus entitled to two concessions and has requested the
following:
a. Mixed use zoning for 5,000 square feet of retail; and,
b. Expedited processing.
The retail use is allowed as a "concession" even though the property is zoned residential, pursuant to
Dublin Municipal Code Section 8.52.050.B. No rezoning is required for the retail use because of the
Density Bonus Ordinance.
Mana?ement
The senior rental and multi-family rental portions of the Fairway Ranch project are proposed to be
managed by Legacy Partners, a division of Lincoln Properties. There will be a one-bedroom/one-bath
unit reserved for anon-site manager in the Senior East and Senior West projects and a two-bedroom/one-
bath unit for an on-site manager in the multi-family project.
Development Agreement
One of the implementing measures of the Eastern Dublin Specific Plan is the requirement that the City
enter into a Development Agreement with developers in the plan area. The Development Agreement
provides security to the developer that the City will not change its zoning and other laws applicable to the
project for a specified period of time. The Development Agreement is one means the City has to ensure
that the goals of the Eastern Dublin Specific Plan are met. Development Agreements are reviewed by the
Planning Commission and recommended to the City Council for action.
There are four proposed Development Agreements between the City of Dublin and the Lins for the
Fairway Ranch project. These Agreements are attached as Exhibits A, B, C, and D of Attachment 3 to
this Staff Report. The Development Agreement (the "Fairway Ranch Development Agreement") labeled
Exhibit A, is based on the standard Development Agreement developed by the City Attorney and adopted
by the City Council for Eastern Dublin Projects and covers Parcels 1,2, & 3, including provisions related
to phasing, affordable unit credits, and waiver of the commercial linkage fee. The remaining three
Agreements labeled Exhibits B, C, and D are specific to the respective phases or "components" of the
project, the senior phase, the multi-family phase and the condominium phase. It is anticipated that the
three phases will be owned by different developers and that these three development agreements will be
assigned to such developers.
State law requires that there be three public hearings on Development Agreements. The purpose for the
hearing before the Planning Commission is to recommend approval of the Development Agreement to the
City Council.
The Agreement
The City Attorney drafted the proposed Development Agreements with input from City Staff,
representatives of the Lin's, and their attorneys. The Development Agreements set forth the agreement
between the parties in relation to many items, including, but not limited to, phasing, affordable unit
credits, and waiver of commercial linkage fees. The Development Agreements run with the land and the
14
\ \-f) \0
rights there under can be assigned. The main points of the Development Agreements can be found in
Exhibits A, B, C, and D of Attachment 3 and are highlighted below:
Term: The Development Agreements becomes effective for a term of five years from the date they are
recorded. The developer can extend the term of the development agreements by up to five additional
years by notifying the City of its intent to extend the agreements and payment of $100,000 per year for
each additional year. Although the standard term for development agreements, such as these, that are
required by the Eastern Dublin Specific Plan is five years, in several instances where the project would
require more than five years to build out, the City has agreed to optional extensions upon payment of
$100,000 per year. (See section4 of Exhibit A, Attachment 3)
SDR Approval: The Fairway Ranch Development Agreement provides that the SDR approval will
remain valid for five years. It also provides that if either the senior project or the multi-family project is
completed within five years, the SDR approval will be valid for ten years. (See section 4.2 of Exhibit A,
Attachment 3)
Phasing: The Fairway Ranch Development Agreement addresses phasing of the three components. It
requires the completion of either the senior project or the multi-family project before the developer can
construct the condominium project. This is because, as proposed, the condominium project does not
include enough affordable units by itself to meet the requirements of the lnclusionary Zoning ordinance.
However, the agreement does provide that if the developer wishes to construct the condominium project
first, the developer must enter into an agreement to provide the required number of affordable units as a
"stand alone" project.
The agreement also requires the developer to include affordable units in all phases of each project, if the
projects are constructed in phases. (See section 5.3.3 of Exhibit B, Attachment 3)
Affordable Unit Credits: The Fairway Ranch Development Agreement provides for affordable unit
credits in Exhibit B, section 5.3.7.B. The agreement specifies that the first 93 affordable units are
required for the Fairway Ranch project (See section 5.3.7.B (iii) of Exhibit B, Attachment 3). It then
provides that "affordable unit credits" are earned for each Certificate of Occupancy issued for a building
containing affordable units until there are 332 "affordable unit credits." The developer can use the
"affordable unit credits" to satisfy the obligation on the remainder of Dublin Ranch for an additional
2,655 units (3,399 estimated total units remaining on Dublin Ranch minus 744 units for Fairway Ranch
equals 2,655 x 12.5% = 331.8).
There is one exception to the time when "affordable unit credits" will be earned and that is for Dublin
Ranch Area F North. The Fairway Ranch Development Agreement provides some flexibility to the
developer for Dublin Ranch Area F North by not requiring the developer enter into an agreement ensuring
the affordable units will be provided at the time of tentative map approval, as would normally be required,
but deferring that requirement to building permit. However, the developer must have the required
"affordable unit credits" before building permits will be issued for any building in Area F North (See
section 5.3.7.B (vii) of Exhibit B, Attachment 3).
The agreement specifies that the City will use the existing lnclusionary Zoning Ordinance to determine
the number of units required for the remainder of Dublin Ranch, regardless of any changes in the
Ordinance in future years. Thus, it ensures that future projects on the rest of Dublin Ranch will be
required to provide 12.5% affordable housing, regardless of changes in the City's ordinance that may
require a higher or lower percentage of affordable units. The Fairway Ranch Development Agreement
indicates the intent of the City and the Lins to amend the Dublin Ranch Master Development Agreement,
which was entered into in 1999 for a 20-year period, to reflect the provisions of this agreement related to
15
/
satisfaction of the Inclusionary Zoning Ordinance's obligations once the Fairway Ranch, project provides
332 "affordable unit credits." Staff will bring the amendment to the Master Development Agreement at a
future meeting.
It also provides some flexibility to the developer to move forward with a project by allowing the
developer, if it has building permits for Fairway Ranch buildings that contain affordable units, to get an
"advance" of credits by posting a letter or credit or bond for the number of affordable units for which
, developer has building permits. The security will be equal to the amount of the "in lieu" fee.
Finally, the agreement provides that credits will expire after 30 years, if not used.
Exemption from Commercial Linkage Fees: The Fairway Ranch development agreement provides that
if the entire Fairway Ranch project is completed and all 587 affordable ~nits are constructed, the City will
exempt the property within Dublin Ranch that is currently zoned for commercial uses from any future
"commercial linkage fee" for 30 years. It provides that if any land uses are approved on the land subject to
the potential exemption prior to the time that all affordable units are constructed, the developer will pay
the commercial linkage fee and, once all 5 87 units are completed, the City will refund the fees previously
paid. Alternatively, if building permits have been issued for affordable units, a developer who would be
subject to the commercial linkage fee may provide a letter of credit in the amount of the fee, which will be
refunded if all the 587 units are completed. (See section 5.3.7.C of Exhibit B, Attachment 3)
. ENVIRONMENTAL ANALYSIS:
The project is located within the Eastern Dublin Specific Plan area, which was the subject of an
Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH #
91103064), certified by the City Council in Resolution No. 51-93 and Addenda dated May 4,1993 and
August 22, 1994. The General Plan Amendment/Specific Plan EIR is a program EIR, which anticipated
several subsequent actions related to future development in Eastern Dublin. The EIR did identify some
impacts from implementation of the General Plan Amendment/Specific Plan that could not be mitigated.
Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts.
The City also adopted a mitigation-monitoring program, which included numerous measures intended to
reduce impacts from the development of the Eastern Dublin area.
In 1997, a Negative Declaration was approved by the City Council in Resolution No. 140-97 for the
Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fairway Ranch site.
After completing an Initial Study, it was determined that the rezoning would not have any significant
environmental impacts which were not already adequately described and analyzed in the Program EIR.
Government Code section 65457 provides that any residential project that is consistent with a specific
plan for which an EIR has been certified is exempt from CEQA, unless a supplemental EIR is required.
The City prepared an Initial Study, dated June 2003, for the project to determine whether there will be
supplemental environmental impacts occurring as a result of this project beyond or different from those
already addressed in the Program EIR and the 1997 Negative Declaration. The Initial Study has resulted
in the conclusion that the proposed project could not have a significant effect on the environment.
No further environmental document will be prepared because the environmental impacts of this project
were fully addressed by the final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and
subsequent Addenda, and the 1997 Negative Declaration. No significant new information has arisen for
this project during the preparation of this Initial Study that would require further environmental revievi'.
16
A finding will therefore be included in the resolution prepared for the Council to approve the SDR,
finding the project exempt on the basis of section 65457.
CONCLUSION:
This application has been reviewed by applicable City departments and agencies and their comments have
been incorporated into the Tentative Tract Map and Site Development Review/Density Bonus. The
proposed project is consistent with the Dublin General Plan and Eastern Dublin Specific Plan, and
Planned Development District and Land Use and Development Plan/District Planned Development Plan
(LUDP/DPDP) and represents an appropriate project for the site.
RECOMMENDATION:
Staff recommends the Planning Commission hear Staffs presentation, open the Public Hearing,
deliberate, and adopt the following resolutions:
1. Adopt Resolution (Attachment 1) approving a Tentative Tract Map 7453.
2. Adopt Resolution (Attachment 2) transferring decision-making authority to the City
Council for PA 03-010, Fairway Ranch Affordable Housing Community Site Development
Review and Density Bonus.
3. Adopt Resolution (Attachment 3) recommending City Council adoption of four
Development Agreements.
17
GENERAL INFORMATION:
APPLICANT /
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
GENERAL PLAN
DESIGNATION:
SPECIFIC PLAN
DESIGNATION:
Dublin Land Holdings, LLC
Mr. James Tong
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Assessor Parcel Number 985-0027-001
(Between Dublin Boulevard and Central Parkway, East of Keegan
Street)
Planned Development
High Density Residential (25.1 + units/acre)
Eastern Dublin Specific Plan
18
\10
~
Transportation
Consultants
MEMORANDUM
April 10, 2003
To:
Ray Kuzbari
Project No.: 157-166 (Dublin)
From:
Gordon Lum
No. of Pages: 3 (including Excel table)
Subject:
Sununary of Parking Surveys
Expected Parking Demand for Senior Units
Parking demand for senior units in the proposed Fairway Ranch Developments needs to reflect that these
units may generate less auto ownership than do units without any age restriction. To estimate the expected
parking demand for the proposed senior units, TJKM conducted field surveys at the following six
affordable senior facilities:
. Ridge View Commons (62 and older), Pleasanton, 200 units, and 228 parking spaces.
. Stanley Junction Apartments (62 and older), Pleasanton, 86 units, and 58 parking spaces.
. Parkview Senior (55 and older), San Jose, 140 units, and 88 parking spaces.
. Heritage Park (55 and older), Livermore, 167 units and 189 parking spaces.
. Rotary Manor (55 and older), San Rafael, 99 units and 53 parking spaces.
. Villas San Ramon (62 and older), San Ramon, 59 units and 79 parking spaces.
As shown on Table I, the surveys indicate that on average these six complexes supplied 0.81 (=695/854)
on-site parking stall per bedroom. The senior apartments at the proposed Fairway Ranch development is
expected to consist of 180 one-bedroom units and 140 two-bedroom units for a total of 460 bedrooms
(=180 + (140x2)). Given this large percentage (44%= 140/320) oftwo bedroom units compared to the
surveyed percentage of 14 percent (=103/751), the supply rate of 0.81 on-site parkinglbedroom was used
to estimate the senior parking requirement at Fairway Ranch. Applying this rate results in the Fairway
Ranch development needing a total of373 stalls (=0.81 supplied stalllbedroom x 460 bedrooms).
Converting these stalls to stalls/unit requirement for the senior apartments at Fairway results in 1.17
stalls/unit (=373 stalls/320 senior units). Therefore, a requirement of 1.17-parking space per senior unit
is expected to be adequate at Fairway Ranch. Detailed survey results for affordable senior units are
attached hereto.
925-463-0611 phone
925-463-3690 fax www.tjkm.com
PLEASANTON
SANTA ROSA
5960 Inglewood Drive, Suite 100 Pleasanton, CA 94588-8535
rrei1 to:2-
.,
ATTACHMENT 8
\ ----r
Ray Kuzbari, Aprill 0, 2003, Pg. 2
Expected Parking Demand for Affordable Family Rental Units
To estimate the expected parking demand for the proposed affordable family rental units, TJKM
conducted field surveys at the following five affordable family apartment complexes:
· The Oaks, Walnut Creek, 36 units and 57 parking spaces
· Los Robles Apartments, Union City, 150 units and 217 parking spaces
· Parkview Family Apartments, San Jose, 90 units and 137 parking spaces
· Crescent Park, Richmond, 378 units and 586 parking spaces
· Turina House, San Rafael, 28 units and 36 parking spaces
The results of the surveys indicate that the maximum number of parked vehicles per occupied apartment
unit at the five complexes was 1.12, with a minimum of 1.05 and a weighted average of 1.08. As shown
on Table I, the average supply of on-site stalls for the five complexes was 1.54 stall/unit (=1033/672).
Therefore, a requirement of 1.54-parking space per affordable family unit is expected to be adequate for
similar units at Fairway Ranch. Detailed survey results for affordable family units are attached hereto.
\"1 'L--
Table I: Parkina Occupancy Totals for Affordable Senior and Family Units
Summary for SENIORS Units
Total Occupied Units:
Total Units at Six Sites:
Percent Occupied Units:
744
751
99%
Total Occupied Stalls:
Total Stalls Available:
Percent Occupied Stalls:
502
695
72%
Average Supply:
Surveyed Demand:
0.93 stall/unit
0.67 occupied stall/occupied unit
Total Bedrooms at Six Sites:
Surveyed Demand per Bedroom
Surveyed Supply per Bedroom
854
0.59 occupied stall/bedroom
0.81 on site stall/bedroom
Fairwav Ranch Senior Apartments
Total Number of Bedrooms 460 (180 one bedroom, 140 two bedrooms)
Derived parking reqmt based on 0.81 on site stall/bedroom: 373 stalls.
Derived parking requirement based on 373 stalls/320 units: 1.17 stalls/unit
Summary for FAMILY Units
Total Occupied Units:
Total Units at Five Sites:
Percent Occupied Units:
635
672
94%
Total Occupied Stalls:
Total Stalls Available:
Percent Occupied Stalls:
684
1033
66%
Average Supply
Surveyed Demand:
1.54 stall/unit
1.08 stall/occupied unit
parking Occupancy for Affordable SENIOR Units
Total Stalls = 53 + SHe
Total Stalls - 80 + 8HC
Total Stalls = 179 + 10HC
Total Stalls = 53
Parkina Occupancy for Affordable FAMILY Units
52 two, 32 three, 1 four
Date of Surve -- 03/28/03
Date of Surve -- 03/28/03
ied stall/occu ied unit
ied stall/bedroom
:{'
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
CHAPTER 8.68
INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose ofthis chapter is to:
A. enhance the public welfare and assure that further housing development contributes to the attainment
of the City's housing goals by increasing the production of residential units affordable by households
ofvery-low-, low-, and moderate income.
B. assure that the limited remaining developable land in the City's planning area is utilized in a manner
consistent with the City's housing policies and needs.
8.68.020. Definitions. As used in this chapter, each of the [ollowing terms shall be defined as follows:
A. "Affordable Unit" means an ownership or rental-housing unit, including senior housing, affordable to
households with very-low-, low-, or moderate incomes as defined in this chapter.
1. Rental units are deemed affordable units if the annual rent does not exceed 30% of maximum
income level for very-Iow-, low-, and moderate-income households, adjusted for household
size and as defined below.
2. Owner-occupied units are deemed affordable units if the sales price results in annual housing
expenses that do not exceed 35% of maximum income level for very-low-, low-, and
moderate-income households, adjusted for household size and as defined below.
B. "Applicant" meanS any person, firm, partnership, association, joint venture, corporation, or any
entity or combination of entities that seeks city real property development permits or approvals.
C. "Dwelling unit" means a dwelling designed and intended for occupancy by one hous.ehold.
D. "Very-Iow-, low-, and moderate-income levels': means those income and eligibility levels
determined periodically by the California Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependents, income of all wage earners, elderly or disabled family members, and all other sources of
household income and will be recertified as set forth by local standards, and state and federal housing
law.
1. "Very-low income" means 50% or less of the median income, adjusted for actual household
size.
2. "Low income" means more than 50% to 80% ofthe median income, adjusted for actual
household size.
3. "Moderate income" means more than 80% to 120% of the median income, adjusted for actual
household size.
E. "Resale controls and/or rent restrictions" means legal restrictions by which the affordable units shall
be restricted to ensure that the unit remains affordable to very-Iow-, low-, or moderate-income
City of Du/:)/in Zoning Ordinance
68-1
September, 1997
Rev~ed_Januar.v2003 I
ATTACHMENT It
~ '(If\.. U2 ,C.-
\'1 V>
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
households, as applicable, fora period of not less than 55 years. With respect to rel1tallll1its,such
rent restrictions shall be in the form of a regulatory agreement recorded against the applicable
property. With respect to owner-occupied units, such resale controls shall be in the form of resale
restrictions, deeds of trust, and/or other similar documents recorded against the applicable property.
F. "Residential development" includes, without limitation, detached single-family dwellings, multiple-
dwelling structures, groups of dwellings, condominium or townhouse developments, condominium
conversions, cooperative developments, mixed use developments that include housing units, and
residential land subdivisions intended to be sold to the general public.
8.68.030. General Requirements
A. 12.5% Affordability Requirement. All new residential development projects of20 units or more
designed and intended for permanent occupancy shall construct 12.5% of the total number of
dwelling units within the development as affordable units, except as otherwise provided by this
chapter. The foregoing requirement shall be applied no more than once to an approved development
(and generally at the tentative map stage), regardless of the changes in the character or ownership of
the development, provided the total number of units does not change. In applying and calculating the
affordability requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any
decimal fraction greater than 0.50 shall be construed as one unit.
B. Allocation of Units to Income Levels. Affordable units provided pursuant to this section shall be
allocated to households with very-low, low-, and moderate-income levels as follows:
Very-low-income households
30%
Low-income households
20%
Moderate-income households
50%
Where the calculation of the allocation results in fewer units that would otherwise be required
pursuant to subdivision A above, one additional unit should be allocated to the income level with a
decimal fraction closest to 0.50.
C. Conditions of Approval: Any tentative map, conditional use permit, or site development review
approving residential development projects subject to this chapter shall contain conditions sufficient
to ensure compliance with the provisions of this chapter. Such conditions shall detail the number of
affordable units required, specify the schedule of construction of affordable units, set forth the
applicant's manner of compliance with this chapter, and require the execution of an agreement
imposing appropriate resale controls and/or rental restrictions on the affordable units.
D. Concurrent Construction. All affordable units in a project or phase of a project shall be constructed
concurrently with market-rate units, unless the City Manager determines in writing that extenuating
circumstances exist that make concurrent construction infeasible or impractical.
E. Design and Distribution of Affordable Units. All affordable units shall reflect the range of
numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior
design, construction, or materials. Affordable units may be of smaller size than the units in the project
~ ,.:.~
City of Dublin Zoning Ordinance
68-2
September, 1997
Revised=January 2003
;~.'
uJt
t,
\11
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
and may have fewer amenities than the market rate units in the project. All affordable units shall be
reasonably dispersed throughout the project.
8.68.040. Exceptions to 12.5% Affordability Requirement. Developers of projects subject to 8.68.030.A
shall construct 12.5% of the total number of dwelling units within the development as affordable
units, unless subject to an exception set forth in this section. All exceptions require City Council
approval, which shall be obtained at or prior to the last discretionary approval for the project.
A. Payment of Fees In-Lieu of Creation of Affordable Units. Upon request of the applicant, the City
Council shall permit the applicant to pay a fee in lieu of constructing up to 40 percent of the
affordable units that the developer would otherwise be required to construct pursuant to section
8.68.030.A. The amount ofthe fee shall be as set forth in a resolution ofthe City Council, which
may be amended from time to time to reflect inflation and changed conditions in the City and the
region. In-lieu fees shall be paid at and the time and in the amount set forth in the in-lieu fee
resolution in effect at the time of issuance of the building permit.
B. Off-Site Projects. An applicant may construct the affordable units not physically within the
development in lieu of constructing some or all ofthe affordable units within the development, with
the approval of the City Council, if the City Council finds:
1. that construction of the units off-site in lieu of constructing units on-site is consistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing for very low-, low-
. and moderate-income households.
2. that the units to be constructed off site are consistent with section 8.68.030.E above
3. that it would be infeasible or impractical to construct affordable units on-site.
4. that conditions of approval for the project require that the off-site affordable units would be
governed by the terms of a deed restriction and, if applicable, rental restrictions similar to that
used for the on-site affordable units.
5. that the conditions of approval for the project, or other security such as a cash deposit, bond,
or letter of credit, are adequate to require the construction of the off-site affordable units
concurrently with the completion of the construction of the residential development or within
a reasonable period (not to exceed 5 years).
C. Land Dedication. An applicant may dedicate land to the City or city-designated local non-profit
housing developer in lieu of construction of some or all of the required affordable units, if the council
finds that:
1. that dedication of land in-lieu of constructing units is consistent with the chapter's goal of
creating, preserving, maintaining, and protecting housing for very-low, low- and moderate-
income households.
2. that the dedicated land is large enough and appropriately zoned to accommodate the number
of units that the applicant would otherwise be required to construct by section 8.68.030.A, is
useable for its intended purpose, is free of toxic substances and contaminated soils, and is
City of Dublin Zoning Ordinance.
68-3
September, 1991
Revised=January 2003
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
fully improved, with infrastructure, adjacent utilities, grading, and all development-impact
fees paid excluding any inclusionary zoning ordinance fees.
3. that the proposed land dedication is of sufficient size to meet the following requirements:
a. the dedication includes land sufficient to construct the number of units that the applicant
would otherwise be required to construct by Section 8.68.030.A, based on the size oflots
in the subdivision for which the applicant is meeting its obligation; and
b. in addition, the dedication includes such additional land the market value for which is
equal to or exceeds the difference between the value of a market-rate l200-square foot unit
and the price at which such a unit could be sold as an Affordable Unit ($72,176) times the
number of units required.
,D. Credit transfers. An applicant may fully or partially satisfy the requirements of section 8.68.030.A
through the use of transfer credits created pursuant to section 8.68.060. Credit certificates shall be
presented to the Community Development Director, who shall note at the time ofproject approval the
credit certificate by number. Credit certificates may only be used to satisfy the requirements for
Inclusionary Units for the income category (i.e., very low, low, or moderate) and number of
bedrooms for which they are issued.
E. Waiver of Requirements. The City Council, at its discretion, may waive, wholly or partially, the
requirements of this ordinance and approve alternate methods of compliance with this chapter if the
applicant demonstrates, and the City Council finds,.that such alternate methods meet the purposes of
this chapter.
8.68.050. General Procedures for Implementing Inclusionary Zoning Requirements
A. Agreements. Prior to the issuance of a building permit for an affordable unit, resale restrictions or
rental controls, or both, as the case may be, shall be set forth in an agreement between the City and
the developer, in a form consistent with the City Council-adopted form agreement, which agreement
shall be recorded against the property containing the affordable units. The agreement shall be
executed by the City Manager, and its requirements shall run with the land and bind the applicant's
successors.
B. Rental Units; Occupancy; Annual Report. Agreements involving rental units shall require the
owner of the affordable units to ensure that the units are occupied by tenants whose monthly income
levels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing
the unit. The agreement shall also require the owner of the affordable unit to submit an annual report
to the City Manager, in a format approved by the City. The report shall include, but not be limited to
the following information: an identification of the affordable units within the project; the monthly
rents charged and proposed to be charged; vacancy information for the prior year; and the monthly
income for tenants of each affordable unit throughout the prior year.
C. Ownership Units; Occupancy; City's Right of First Refusal. Agreements for ownership units
shall specify that the inclusionary units must be occupied by the owner or owners and may not be
leased or rented without the written approval of the City. The resale restrictions shall provide that in
City of Dublin Zoning Ordinance
68-4
September, 1997
Revised=January 2003
="""
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
the event of the sale of an affordable unit, the City shall have the right to purchase any affordable
owner-occupant unit at the maximUm price that could be charged to an eligible household.
D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
Eligible potential occupants of affordable units will be qualified on the basis of household income,
the median combined household income statistics for Alameda County published periodically by the
California ,Department of Housing and Community Development, all sources of household income
and assets, the relationship between household size and the size of available units, and any further
criteria required by law. The developer shall use an equitable selection method established in
conformance with the terms of this chapter. The selection criteria may not distinguish between adults
and children. Selection of qualified person should be based on priorities established in the City's
Affordable Housing Program as noted below:
.
Employed within the boundaries of the City of Dublin (3 points, one per household)
Public Service employee working in the City of Dublin (1 additional point)
.
.
Dublin resident (3 points, one per household)
.
Seniors (1 point, one per household)
.
Permanently disables (1 point, one per household)
To qualify as "Employed within the boundaries of the City of Dublin," the person shall have been
employed with the City of Dublin for at least six months.
To qualify as a "Dublin resident," the person shall have been a resident of the City of Dublin for at
least a one-year period prior to the eligibility determination.
8.68.060. Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City Council. One affordable unit credit
certificate shall be issued for each affordable unit constructed in excess of the number of affordable
units required to be constructed for the project by Section 8.68.030.A. The certificate shall designate
a specific income category (i.e., very-low-, low-, or moderate income) and number of bedrooms for
which they are issued.
B. Ownership and use of credits. Affordable unit credit certificates are issued to and become the
possession of the project owner, who may then use them to satisfy the requirements of this chapter
for another project in the City. If a project owner proposes to sell credit certificates, the parties shall
first obtain the consent of the Community Development Director, who Will document the transfer by
certificate number.
8.68.070. Incentives to Encourage On-Site Construction of Affordable Units. The City may, but shall
not be required to, offer incentives or financial assistance to encourage the on-site construction of
affordable units in excess of 12.5% of the total number of units in the project to the extent
resources for this purpose are available and approved for such use by the City Councilor City
Manager. Such incentives may include, but shall not be limited to, the following:
City of Dublin Zoning Ordinance
68-5
-
September, 1997
Revised:January 2003
\6D
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
A. Fee Deferral.
1. Development Processing Fees. The City Manager may approve deferred payment of City
processing fees applicable to the review and processing of the project. The terms and
payment schedule ofthe deferred fees shall be subject to the approval of the City Manager.
2. Development Impact Fees. The City Council may authorize the deferred payment of
development impact fees applicable to the affordable units. Approval of this incentive
requires demonstration by the Applicant that the deferral increases the project's feasibility.
The applicant must provide appropriate security to ensure future payment of such fees.
B. Design Modifications. The City Council may approve design modifications to affordable units that
increase the feasibility of the construction of affordable units, including but not limited to, the
following:
1. Reduced lot size.
2. Reduced setback requirements.
3. Reduced open space requirements.
4. Reduced landscaping requirements.
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7. Height restriction waivers.
8.68.080. Inclusionary Zoning In-Lieu Fee Fund. In-lieu Fees shall be deposited into a fund known as the
"Inclusionary Zoning In-Lieu Fees Fund" ("Fund").
A. Use. All monies in the Fund, together with any interest earnings on such monies 'less reasonable
administrative charges, shall be used or committed to use by the City for the purpose of providing
very-Iow-, low-, and moderate-income ownership or rental housing in the City of Dublin.
B. Annual report. The City Manager shall prepare an annlial report to the City Council identifying the
balance of monies in the Fund and the affordable units provided and any monies committed to
providing very-Iow-, low-, and moderate-income housing. The annual report shall also include a
review of administrative charges.
8.68.090. Violations. It shall be unlawful for any person, firm, corporation, partnership or other entity that is
subject to this ordinance pursuant to section 8.68.030.A to violate any provision or to fail to
comply with any of the requirements of this chapter. A violation of any of the provisions or
failing to comply with any of the requirements of this Chapter shall constitute a misdemeanor;
except that notwithstanding any other provisions of this Code, any such violation constituting a
misdemeanor under this chapter, may in the discretion of the enforcing authority, be charged and
prosecuted as an infraction. Any person convicted of an infraction under the provisions of this
Code shall be punishable as provided by the Government Code of the State of California.
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City of Dublin Zoning Ordinance
68-6
September, '1997
Revised=January 2003
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INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
8.68.100. Enforcement.
A. General. The City Manager shall enforce this chapter, and its provisions shall be binding on all
agents, successors, and assigns of an applicant. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision ofthis chapter. No land-use
approval, building permit, or certificate of occupancy shall be issued for any residential development
Unless exempt from or in compliance with this chapter. The City may institute any appropriate legal
actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions
to revoke, deny, or suspend any permit or development approval.
B. Excessive rents/legal action. If the City Manager determines that rents in excess of those allowed
by operation of this chapter have been charged to a tenant residing in an affordable unit, the City may
take appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant,
or to the City in the event the tenant cannot be located, any excess rents charged.
8.68.110.
Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136.
City of Dublin Zoning Ordinance
68-7
~
September, 1997
Revised=January 2003
tfZ'Of?
DENSITY BONUS REGULATIONS
Chapter 8.52
CHAPTER 8.52
DENSITY BONUS REGULATIONS
8.52.010
8.52.020
8.52.030
A.
Title. These regulations shall be called the Density Bonus Regulations of
the City of Dublin.
Purpose. These regulations are intended to establish policies which
facilitate the development of senior housing, and of affordable housing to
serve a variety of economic needs within the City. In order to encourage
the provision for lower and very low income housing, and senior citizen
housing, the City shall provide applicants who agree to meet the
requirements established by this Chapter, a density bonus and additional
incentives if it is found necessary for affordability, or, the City shall
provide other incentives of equivalent financial value. The regulations set
forth in the Chapter shall apply City-wide, including the extended planning
area.
Definitions. For the purposes of these regulations, certain words and
phrases shall be interpreted as set forth in this Chapter unless it is apparent
from the context that a different meaning is intended. Where any of the
definitions in this Chapter may conflict with definitions in Chapter 8.08,
Definitions, the definitions in this Chapter shall prevail for the purposes of
this Chapter.
Affordable Unit. A unit for which the rent or mortgage payment does not exceed,
for lower income households, 30% of 60% of the Alameda County median income
adjusted for household size, or for very low income households, 30% of 50% of
the Alameda County median income adjusted for household size.
B. Applicant. Any person, firm, partnership, association, joint venture, corporation,
or any entity or combination of entities which seeks City permits and approvals for
a project.
C. Approval. Adoption of a resolution by the Planning Commission and/or City
Council approving a discretionary permit such as a Tentative Map, Conditional
Use Permit, Site Development Review, or Variance.
D. City. The City of Dublin or its designee or any entity with which the City
contracts to administer this chapter.
E. Density Bonus. A 30% increase in the number of dwelling units authorized for a
particular parcel of land beyond the otherwise maximum allowable residential
density under the Zoning Ordinance and the Land Use Element of the General Plan
as of the date of application for a project.
F. Density Bonus Unit. A dwelling unit authorized as a result of the density bonus
for a project.
G.
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Dublin Employee. Any single person, head of household, or in the case of
married couples either spouse, who has worked within the City Limits of Dublin
52-1
September, 1997
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City of Dublin Zoning Ordinance
ATTACHMENT '0
DENSITY BONUS REGULATIONS
Chapter 8.52
continually for one (1) year immediately prior to the date of application for a
restricted unit.
H. Dublin Resident. Any person who has lived within the City Limits of Dublin
continually for one (l) year immediately prior to the date of application for a
restricted unit. Continually shall be construed to include lapses of residency of no
longer than six months.
I. First Time Home Buyer. A person who has not held an ownership interest in a
residence within the past three years.
J. Household. One person living alone or two or more persons sharing residency
whose income is available to meet the family's needs and who are related by blood,
marriage or operation of law.
K. Incentive. A benefit offered by the City to facilitate construction of housing
projects which include restricted units. Among others, benefits may include fee
waivers for restricted units and priority processing for projects which provide
restricted units.
L. Lower Income Households. A household whose gross income is as established
by Health and Safety Code Section 50079.5 as amended from time to time.
M.
Project Owner. Any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities which holds fee title to the
land on which the project is located.
N. Property Owner. The owner ofa restricted unit excepting a "Project Ovmer".
O. Project. A housing development at one location including all dwelling units for
which permits have been applied for or approved within a twelve-month period.
P. Resale Controls. A resale restriction placed on restricted units by which the price
of such units and/or the age or income of the purchaser will be restricted in order to
ensure the affordability and occupancy by lower or very low income households or
senior citizens.
Q. Restricted Unit. A unit to be sold or rented to senior citizens, or, at a price
affordable to lower and very low income households.
R. Senior Citizen. A person at least 62 years of age.
S. Unit Type. Dwelling units with similar floor area and number of bedrooms.
T. V cry Low Income Household. A household whose gross income is as established
by Health and Safety Code Section 50 I 05 as amended from time to time.
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~ l' City of Dublin Zoning Ordinance
52-2
September, 1997
, ~:'
DENSITY BONUS REGULATIONS
Chapter 8.52
8'\
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8.52.040
Applicability.
A. In order to qualify for a density bonus, a project must consist of five or more
dwelling units and meet one or more of the following criteria:
1. 20% of the total units are designated for lower income households, or
2. 10% of the total units are designated for very low income households, or
3. 50% of the total units are designated for senior citizens.
B. Projects which meet the requirements set forth in this Chapter shall qualify for a
density bonus and at least one other concession or incentive unless the City adopts
a written finding that the additional concession or incentive is not required in order
to provide affordable housing costs as defined in Section 50052.5 of the Health and
Safety Code, or the City shall provide other incentives of equivalent financial .
value based on the land cost per dwelling unit.
C. If a developer agrees to construct both 20 percent of the total units for lower
income households and 10 percent of the total units for very low income
households, the developer is entitled to one additional concession or incentive as
identified in Section 8.52.050, and may at the discretion of the City receive more
. than one density bonus.
8.52.050
Concessions and Incentives. For the purposes of this Chapter, concession
or incentive means any of the following:
A. A reduction in site development standards or a modification of zoning code
requirements or architectural design requirements which exceed the minimum
building standards approved by the State Building Standards Commission as
provided in Part 2.5 (commencing with Section 18901) of Division 13 ofthe
Health and Safety Code, including, but not limited to, a reduction in setback and
square footage requirements and in the ratio of vehicular parking spaces that would
otherwise be required.
B. Approval of mixed use zoning in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of the
housing development and if the commercial, office, industrial, or other land uses
are compatible with the housing project and the existing or planned development in
the area where the proposed housing project will be located.
C. Other regulatory incentives or concessions proposed by the developer or the City
which result in identifiable cost reductions may include, but are not limited to:
,1. Certain City fees applicable to the restricted units in a project may be
waived. Fees to be waived may be established by resolution of the City
Council on a project by project basis, which may be amended from time to
time.
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City of Dublin Zoning Ordinance
52-3
September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
8.52.060
2.
A project which provides restricted units may be entitled to priority
processing. Upon certifying that the application is complete and eligible
for priority processing, a project would be immediately assigned to
planning staff. The project would be processed by City staff in advance of
all non-priority items. The project will then be reviewed for environmental
impacts; and, upon completion of the environmental review process, the
project would be noticed and scheduled for the next available meeting of
the Planning Commission and/or City Council thereafter. When more than
one project qualifying for priority processing is applied for at the same
time, first priority will be given to the project whose application was first
determined to be complete.
Waiver or Modification of Development and Zoning Standards.
A. ' An Applicant may request a modification of the following development and zoning
standards where such waiver or modification is necessary to make the provision of
restricted units economically feasible.
1. Reduce site development standards, e.g. street widths or paving,
curbs/gutters, placement of public works improvements, landscaping;
2. Modify zoning code requirements, e.g. open space, minimum lot size, side
yard setbacks, parking standards; and
B. The request shall be accompanied by information sufficient to show the City the
waiver or modification is necessary to make the restricted units economically
feasible. .
8.52.070
General Requirements.
A. Restricted units must remain affordable or restricted to senior citizens for 30 years
from the date of final occupancy clearance ifboth a density bonus and additional
incentive are granted. If only a density bonus is granted, the restricted units shall
remain affordable or restricted to senior citizens for 10 years. Affordability of
restricted units shall be maintained longer if financing or subsidy programs for the
project designate a longer preservation period.
B. Dublin residents will have first preference for restricted units; second preference
will be given to Dublin employees; third preference shall be given to those who
need to move to Dublin to be near Dublin residents or services; and fourth
preference shall be given to those who live outside Dublin.
C.
Requirements for restricted units shall be established as conditions of project
approval. Evidence of compliance with the conditions of these regulations shall be
in the form of an Affordable Housing Agreement between the applicant and the
City Manager completed prior to issuance of any project building permits. The
agreement shall indicate the household type, number, location, size and
construction scheduling of all restricted units, the original sales prices of
ownership units and the original rental rates of rental units as agreed upon by the
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City of Dublin Zoning Ordinance
52-4
September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
developer and the City Manager, and any other information required by the City to
determine the Applicant's compliance with the conditions. The agreement shall be
recorded as a deed restriction prior to issuance of any project building permits and
shall run with the land encompassed by the project for a period of 10 or 30 years,
or longer, as provided in Subsection a.
D. Restricted units in a project and phases of a project shall be constructed
concurrently with or prior to the construction of non-restricted units.
E. Restricted units shall be provided as follows:
1. Such units shall be dispersed throughout the project.
2. Such units shall include all unit types represented in the project and said
unit types shall be provided in the same proportion as in the project as a
whole.
F. The applicant shall submit a project financial report (pro forma) along with the
application for the project to allow the City to evaluate the financial need for the
additional incentives. The City may retain a consultant to review the financial
report. The cost of the consultant shall be borne by the applicant with the
following exception: If the applicant is a non profit organization, the cost of the
consultant may be paid by the City upon prior approval of the City Council.
G.
The City may contract with the Dublin Housing Authority, Alameda County
Housing Authority or other similar entity to administer the rental and sales
provisions ofthis chapter.
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H. The City Council, by resolution, may establish the amount of fees to be charged to
applicants and/or project owners for administration of this chapter.
8.52.080
Requirements for Rental Housing Projects.
A. All restricted units shall be occupied by the household type specified in the
agreement required under Section 8.52.070.C.
B. Those units targeted for lower-income households shall be affordable at a rent that
does not exceed 30% of 60% of the Alameda County median income adjusted for
household size, or as modified by State law.
C. Those units targeted for very low-income households shall be affordable at a rent
that does not exceed 30% of 50% of the Alameda County median income adjusted
for household size, or as modified by State law.
D. The City shall be responsible for obtaining and verifying information with respect
to the qualifications of prospective and current tenants, including, but not limited
to, information relating to applications, income and eligibility. The City shall
maintain a list of qualified applicants for the duration of the program.
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City of Dublin Zoning Ordinance
52-5
September, 1997
DENSITY BONUS REGULA TrONS
Chapter 8.52
E. Income limits shall be adjusted at periodic intervals as new tables are published by
HUD.
F. Vlhen the eligibility of the tenants has been assured to the satisfaction of the City,
the City Manager shall prepare a certification indicating that the applicant or
project owner has complied with the requirements of this Chapter.
8.52.090
Requirements for Owner-Occupied Housing.
A. All purchasers of restricted units shall be senior citizens or first time home buyers.
B. Purchasers shall be required to occupy the unit unless evidence is presented to the
City that the owner is unable to continuously occupy the unit due to illness or
incapacity. In such cases, the City may approve rental of the unit to the same
household type as the owner. An Owner as a result of a form of transfer pursuant
to Section 8.52.1 OO.E may rent the restricted unit provided the rental conforms to
the Affordable Housing Agreement addressed in Section 8.52.070.C and to the
provisions of Section 8.52.080.
C. The owner of a restricted unit, on its sale or resale, shall sell the unit to a
household in the same category. Lower income households may only sell the unit
to a household which meets the income limits for a lower income household. Very
low income households may only sell the unit to a household which meets the
income limits for a very low income household. Senior households may only sell
the unit to another senior household. The sales price of the restricted units
assigned to very low income and low income households shall not be in excess of
the maximum sales price set by the City Manager.
D. Prior to offering a restricted unit for sale, the owner shall send a written Notice of
Intent to Sell to the City Manager. The City Manager will then notify the owner of
the current maximum sales price. Prior to the close of the sale, the owner shall
notify the City Manager of the proposed sales price, who shall review the
application to assure conformance with this Chapter.
E. Closing costs and title insurance shall be paid pursuant to the custom and practice
in Dublin at the time of opening of escrow. No charges or fees shall be imposed
by the seller on the purchaser of a restricted unit which are in addition to or more
than charges imposed upon purchasers of market rate units, except for
administrative fees charged by the City.
F. The purchaser of a restricted unit shall verify on a form acceptable to the City that
the unit is being purchased for the purchaser's principal residence, or that if this
unit ceases to function as his or her principal residence, it will either be sold
according to the requirements of Section 8.52.090 or rented to an eligible
household according to the requirements of Section 8.52.080.
8.52.100
Control of resale of affordable units. In order to maintain the availability
of restricted units which may be constructed pursuant to the requirements
ofthis Chapter, the City shall impose the following resale conditions on
approval of any project for which restricted units are required under this
Chapter:
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City of Dublin Zoning Ordinance
52-6
September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
I J'J
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A. The sales price received by the owner of a restricted Affordable Unit shall be
limited to the fair market value as determined by an appraisal paid for by the owner
multiplied times a factor representing the purchase price paid by the owner of the
restricted unit divided by the market sales price of an identical unit in the same
development at the time of purchase. An example ofthis calculation is shown in
Attachment 2 on page 52-11. If the appraisal is unacceptable to the City Manager,
the City Manager may have another appraisal performed by another qualified real
estate appraiser mutually agreed upon by the City and owner, which appraisal will
be considered by the City in determining the sales price. All costs required to
obtain such appraisal shall be borne by the owner.
The City Manager shall insure that the purchase price of a restricted affordable unit
does not exceed an amount which is affordable to a family of four belonging to the
income category to which the restricted unit was originally assigned.
B. A for-sale restricted unit may appreciate only to the upper limit of affordability for
the income group to which the restricted unit was assigned. The determination of
affordability shall be based on the maximum monthly mortgage payment that a
household of four in a given income category can pay as determined by the
methodology shown in Attachment 2 on page 52-11. Any appreciation above that
point will not be added to the sales price of the restricted unit.
C. Limitations on resale prices of ownership restricted units shall apply only to
restricted units assigned to very low income and low income households and shall
not be applied to restricted units assigned to senior citizens.
D. The City Manager shall be responsible for monitoring the resale of restricted units.
E. The following transfers oftitle or any interest therein are not subject to the
provisions of this section: transfers by inheritance to the purchaser-owner's spouse
or off-spring; transfers of title to a spouse as part of a divorce or dissolution
proceeding; acquisition oftitle or interest therein in conjunction with marriage;
provided, however, that the Affordable Housing Agreement required by Section
8.52.070.C shall continue to run with the land following such transfers.
8.52.110
Application Procedure.
A. An applicant may submit to the Planning Department a preliminary proposal for
the development of housing pursuant to this Chapter prior to the submittal of any
formal project application. The City shall, within 90 days of receipt of a
preliminary proposal, provide the applicant in writing, comments and preliminary
evaluation of the project. The preliminary proposal is not an application for
purposes of the Permit Streamlining Act deadlines, and any comments or
preliminary evaluations do not bind future City actions.
B. Formal application shall be according to the review process stated in the City of
Dublin Municipal Code or Zoning Ordinance (for the particular application being
filed) and shall provide the following additional information:
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City of Dublin Zoning Ordinance
52-7
September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
1.
A written statement specifying the desired density increase, incentive
requested and the number, type, location, size and construction scheduling
of all dwelling units.
2.
A project financial report (pro forma), if required pursuant to Section
8.52.070.F.
3.
Any other information requested by the Director of Community
Development to implement this Chapter.
8.52.120
Conflict of Interest. Following are those persons who, by virtue of their
position or relationship, are found to be ineligible to purchase or rent a
restricted unit as their residence:
A. All employees and officials of the City of Dublin who have, by the authority of
their position, policy making authority or influence affecting City housing
programs.
B. The Applicant or Project Owner.
8.52.130
Violations.
A. It shall be unlawful for any person, firm, corporation, partnership or other entity to
violate any provision or to fail to comply with any of the requirements of this
Chapter. A violation of any of the provisions or failing to comply with any of the
requirements of this Chapter shall constitute a misdemeanor; except that
notwithstanding any other provisions of this Code, any such violation constituting
a misdemeanor under this Chapter may, in the discretion of the enforcing authority,
be charged and prosecuted as an infraction. .
B. Any person convicted of an infraction under the provisions of this Code, unless
provision is otherwise herein made, shall be punishable as provided by the
Government Code of the State of California.
8.52.140
Enforcement.
A. The provisions of this Chapter shall apply to all agents, successors and assigns of
an applicant. No building permit or occupancy permit shall be issued, nor any
development approval be granted which does not meet the requirements of this
Chapter. The City Manager may suspend or revoke any building permit or
approval upon finding a violation of any provision of this Chapter.
B. The City Manager is designated to be the enforcing authority.
c.
In the event it is determined that rents in excess of those allowed by operation of
this Chapter have been charged to a tenant residing in a restricted rental unit, the
City may take the appropriate legal action to recover, and the project owner shall
be obligated to pay to the tenant or to the City in the event the tenant cannot be
located, any excess rents charged.
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City of Dublin Zoning Ordinance
52-8
September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
8.52.150
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Appeals. Any persQn aggrieved by any action or determination of the City
Manager under these regulations may appeal such action or determination
to the City Council in the manner provided in Section 1.04.050 of the
Municipal Code.
City of [jublln Zoning Ordinance
52-9
September, 1997
DENSITY BONUS REGULA TrONS
Chapter 8.52
ATTACHMENT]
City of Dublin Density Bonus Calculation
(Example for Illustrative Purposes Only)
Land Use Designation
and Zoning;
Residential: Multifamily
Permitted Density:
18 du/ac
Property Size:
4 acres
Maximum Units at
Permitted Density
72 units
Units Affordable to
Target Households (20% for
lower-income HH's)
(72 x .20 = ] 4.4); round up
(restricted units)
] 5 units
Density Bonus Units (at
30%) (72 x .3 = 21.6);
round up
22 units
Total Project Units with
30% Density Bonus:
72 base units
+ 22 density bonus units
94 total units
(79 units at market rate, 15 restricted
units with restricted rents/sales prices)
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City of Dublin Zoning Ordinance
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DENSITY BONUS REGULATIONS
Chapter 8.52
ATTACHMENT 2
The maximum price of a restricted ownership unit affordable to a low income household with
four members in Alameda County is $114,897, and the maximum price ofa restricted ownership
unit affordable to a very-low income household with four members in Alameda County is
$71,811, based upon the following method for determining maximum affordable housing costs:
LOW INCOME
a. Low income definition (80% of Alameda County's median income for a household with
four members) = $37,450.
b. $37,450 is the income to be used in determining maximum affordable price.
c. $37,450 -:- 12 x .3 = $936, maximum monthly mortgage payment which does not exceed
30% of gross income (property taxes, utilities and insurance not included).
d. $936 payment at 10.25% fixed rate, 30-year term and 10% down payment = $114,897
mortgage, using a standard mortgage payment table.
VERY LOW INCOME
a. Very low income definition (50% of Alameda County's median income for a household
with four members) = $23,400.
b. $23,400 is the income to be used in determining maximum affordable price.
c. $23,400 -:- 12 x .3 = $585, maximum monthly mortgage payment which does not exceed
30% of gross income (property taxes, utilities and insurance not included).
d. $585 payment at 10.25 % fixed rate, 30-year term and 10% down payment = $71,811
mortgage, using a standard mortgage payment table.
Sample Calculation of Sales Price
Where the purchase price of a restricted unit assigned to the Low Income category is
$ 1 14,897 in 1991, and the market sales price of an identical unit in the same development in 1991
is $150,000, the factor to be used to multiply times a future market price to determine the
maximum price affordable to a household of four in the Low Income group is $ 1 14,897 -:-
$ 150,000 or .766. lfthe market sales price of the restricted unit in 1996 is $193,500, the
maximum sales price of the restricted unit in 1996 is $193,500 x .766 or $148,221.
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City of Dublin Zoning Ordinance
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September, 1997
l S'
DENSITY BONUS REGULATIONS
Chapter 8.52
Example of Adiustment to Sales Price of Ownership Restricted Unit:
Sales Price as determined
by Section 8.52. 100.A
Value of qualified improvements
for which written documentation
is provided as appraised
New Roof
Irrigation System
Restuccoing of entire home
Permanent spa in ground
$100,000
$ 8,200
1,150
3,700
4,650
$117,700
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City of Dublin Zoning Ordinance
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52-12