HomeMy WebLinkAbout4.4 The Groves 52 Unit Afford Housingor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
April 1, 2014
Honorable Mayor and City Councilmembers
CITY CLERK
File # 600 -60
Christopher L. Foss, Acting City Manager "
Authorize the City Manager to Execute Documents Confirming the Waiver of the
52 -Unit Affordable Housing Obligation for The Groves at Dublin Ranch (Lot 3)
Prepared by Luke Sims, Community Development Director and John Bakker, City
Attorney
EXECUTIVE SUMMARY:
This report is intended to clarify the obligations of the developer in the development of The
Groves at Dublin Ranch (Lot 3), (this portion of Dublin ranch is also known as Fairway Ranch).
The Fairway Ranch Development Agreement, executed in July of 2003 with developer Chang
Su -O -Lin and Hong Lien Lin ( "Developer "), anticipated the development of a condominium
project on Lot 3 consisting of 304 units, 52 of which would be affordable to moderate income
households ( "Development Agreement "). Based upon changes in market conditions and
demand, the Lot 3 Project will now consist of 122 townhouse /condominiums for which the City
agreed to accept a fee in lieu of construction of 15 affordable units. Staff now wishes to clarify
that the current developer is not obligated to construct, nor pay fees in lieu of construction of,
the original 52 affordable units.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution Authorizing the City Manager to
Confirm the Waiver of the 52 -Unit Affordable Housing Obligation for The Groves at Dublin
Ranch (Lot 3).
Submitted By
Community Development Director
DESCRIPTION:
'Reviewed By
Acting Assistant City Manager
The proposed Resolution (Attachment 1) is intended to clarify the obligations of Lennar
Corporation ( "Lennar ") in its development of The Groves at Dublin Ranch (Lot 3).
Page 1 of 3 ITEM NO. 4.4
On July 15, 2003, the City of Dublin executed a Development Agreement (Attachments 2 and 3)
for the Dublin Ranch /Fairway Ranch Property ( "Fairway Ranch Project "). In accordance with the
City's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68), the Developer
agreed to construct a total of 587 affordable units, 93 of which would satisfy the Inclusionary
Zoning Regulations for the Fairway Ranch Project. Thus, 494 affordable units were in excess of
what was required by the Inclusionary Zoning Regulations.
Accordingly, the Development Agreement indicated that the Developer would receive 332
Affordable Unit Credits that could be applied elsewhere within the Developer's land holdings (i.e.
in the greater Dublin Ranch area as defined in the Agreement). The Development Agreement
also stated that in consideration for providing the additional 162 affordable units, the developer
would receive certain incentives and waivers. These incentives and waivers consisted of 1) a
finding that the Developer had fully complied with the City's Inclusionary Zoning Obligations;
2) a loan; 3) the ability to apply 332 Affordable Unit Credits to future portions of the Dublin
Ranch Project, and 4) a commercial linkage fee waiver to be applied to commercial portions of
the Dublin Ranch Project.
The Fairway Ranch Project portion of the Dublin Ranch included three components: a
Multifamily Component including 243 affordable family units, a Senior Housing Component
including 292 affordable units, and a Condominium Component (Attachment 4), including 52
affordable units. The Multifamily and Senior projects were completed and are fully occupied.
In recent years, changes in market conditions have made the Condominium Component less
viable. Current developer, Lennar, on behalf of Dublin Ranch Lot 3 Project Owner LLC (under
the management of Integral Communities) submitted an application for a new project —an
8.8 -acre site (6.36 net acres) known as The Groves at Dublin Ranch (Lot 3) ( "Lot 3 Project ").
The Lot 3 Project will consist of 122 townhouse condominium units on Lot 3 of Tract 8163
located along the north side of Dublin Boulevard between Keegan Street and Lockhart Street
which was originally specified as the Condominium Component of the Fairway Ranch Project.
Lennar proposed to satisfy its affordable housing obligation under the City's Inclusionary
Housing Ordinance by paying a fee of $1,300,000 in lieu of constructing 15 inclusionary units
(12.5 percent of 122 units). This proposal was approved by resolution on February 18, 2014,
when the City Council approved a Site Development Review Permit and Vesting Tentative Map
for the Lot 3 Project (Attachment 5).
Lennar has requested confirmation from the City that it is no longer required to satisfy the
original 52 -unit obligation for Lot 3. This Resolution will authorize the City Manager to execute
all appropriate documents to confirm the City's waiver of the obligation to construct the 304 unit
Condominium Component and the associated 52- moderate - income -unit obligation. Those
obligations are currently set out in the Development Agreement, the Fairway Ranch
Condominium Development Agreement, and Dublin- Fairway Ranch Covenants Conditions and
Restrictions.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution Authorizing the City Manager to Execute Documents
Confirming the Waiver of the 52 -Unit Affordable Housing Obligation
for the Groves at Dublin Ranch (Lot 3)
Page 2 of 3
2. Dublin- Fairway Ranch Development Agreement, dated July 15, 2003
3. Dublin- Fairway Ranch Development Agreement, Condominium
Component, dated July 15, 2003
4. Dublin- Fairway Ranch Covenants Conditions and Restrictions, dated
December 1, 2003
5. Resolution No. 18 -14 Approving a Site Development Review Permit
and Vesting Tentative Map, dated February 18, 2014
Page 3 of 3
RESOLUTION NO. XX - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS CONFIRMING THE
WAIVER OF THE 52 -UNIT AFFORDABLE HOUSING OBLIGATION FOR THE GROVES AT
DUBLIN RANCH (LOT 3)
WHEREAS, on July 15, 2003, the City of Dublin executed a Development Agreement for
the Dublin Ranch /Fairway Ranch Property ( "Fairway Ranch Project "); and
WHEREAS, in accordance with the City's Inclusionary Zoning Ordinance the developer
agreed in the Fairway Ranch Development Agreement, dated July 15, 2003, to construct a total
of 587 affordable units, 93 of which would satisfy the City's Inclusionary Zoning Regulations;
and
WHEREAS, the Fairway Ranch Project included three components, a Multifamily
Component including 243 affordable units, a Senior Housing Component, including 292
affordable units, and a Condominium Component, including 52 affordable units; and
WHEREAS, the Development Agreement provided that developer would receive credits
for 332 affordable units for units constructed in the Multifamily Component and Senior Housing
Component, which credits could be applied elsewhere within the developer's land holdings (i.e.
Dublin Ranch) and that developer would receive certain incentives and waivers in exchange for
construction of an additional 162 affordable units; and
WHEREAS, the incentives and waivers consisted of 1) a finding that the developer had
fully complied with the City's Inclusionary Zoning Obligations, 2) a loan, 3) the ability to apply
332 affordable unit credits to future portions of the Fairway Ranch Project, and 4) a commercial
linkage fee waiver to be applied to commercial portions of the Fairway Ranch Project; and
WHEREAS, in recent years, changes in market conditions have made the Condominium
Component less viable; and
WHEREAS, current developer, Lennar Corporation ( "Lennar "), submitted an application
for a new project on Lot 3, consisting of 122 townhouse condominium units ( "the Current
Project "); and
WHEREAS, Lennar proposed to satisfy its affordable housing obligation for the Current
Project under the City's Inclusionary Housing Ordinance by paying a fee of $1,300,000 in lieu of
constructing 15 inclusionary units (12.5 percent of 122 units); and
WHEREAS, this proposal was approved by resolution on February 18, 2014, when the
City Council approved a Site Development Review Permit and Vesting Tentative Map for the Lot
3 Project; and
WHEREAS, Lennar has requested confirmation from the City that it is no longer required
to satisfy the original 304 unit Condominium Component and 52 moderate - income -unit
obligation for Lot 3; and
Reso No. XX -14 Adopted 4/1/14 Item No. Page 1 of 2 ATTACHMENT 1
WHEREAS, the City Council desires to authorize the City Manager to execute all
appropriate documents to confirm the waiver of the obligation to construct the 304 unit
Condominium Component and the 52- moderate - income -unit obligation; and
NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute
all appropriate documents, subject to the approval of the City Attorney, confirming the waiver of
the 52 -Unit Affordable Housing Obligation for the Groves at Dublin Ranch (Lot 3) Project.
PASSED, APPROVED AND ADOPTED this 1st day of April 2014, by the following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
Reso No. XX -14 Adopted 4/1/14 Item No. Page 2 of 2 ATTACHMENT 1
RE009- 'G - PEOUESTED
FIRST AMESICAN TITLE
Recording re uE
when recorded,
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: _City Clerk
HEREBY CERTIFY THIS TO BE A
t_DE AND CORIZEC'r COPY OF THE
ORIGINAL RECORDED ON I C
(4) INSTRUMfENT ##,:pCp� �
COUNTY 01F /p
Cio jng gent
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
Chang Su -O -Lin and Hong Lien Lin
DUBLIN RANCH
FAIRWAY RANCH
THIS DEVELOPMENT AGREEMENT (this "Agreement "), dated for
reference purposes as of July 15, 2003, is entered into by and between the City
of Dublin, a Municipal Corporation ( "City "), and Chang Su -O -Lin and Hong Lien
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. Parcels 1, 2 and 3 may be described as Lots 1, 2 and
3, respectively, on Final Map 7453 and references Parcels 1, 2 and 3 shall be
deemed to refer to Lots 1, 2 and 3, respectively, on the Final Map for Tract 7453.
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) recorded July 8, 1999 in
the Alameda County Official Records at 99251790 ( "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 of 304
condominium units, of which 52 shall be affordable units available at affordable
Development Agreement Page 1 of 17
Fairway Ranch 628317 -14
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 and recorded concurrently herewith for Lots 1 and 2 ( "Regulatory
Agreements ") and Conditions, Covenants and Restrictions (or deed restrictions)
recorded concurrently herewith against the Property, 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 -31), a density bonus of 186 units and site development review
City Council Resolution No. 149 -03 (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 to be recorded concurrently herewith 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 5.3.1, 5.3.2, 5.3.4,
5.3.5 and 5.3.6 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 or
lessees 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.
Development Agreement Page 2 of 17
Fairway Ranch 628317 -14
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. 149 -03, 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, 1 994 (collectively, the "El R11).
N. On July 15, 2003, the City Council adopted Ordinance No. 8 -03
approving this Agreement. The ordinance took effect on August 15, 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. RelationshiA of Citv 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
Development Agreement Page 3 of 17
Fairway Ranch 628317-14
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1 Effective Date. The effective date of this Agreement ( "Effective
Date") is August 15, 2003, which is the effective date of City Ordinance No. 8 -03,
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.149 -03) 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 Right to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals, and any amendments to any of them as shall,
from time to time, be approved pursuant to this Agreement.
Development Agreement Page 4 of 17
Fairway Ranch 628317 -14
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.)
I115.i-
5.3.2 Mitigation Conditions. Additional or modified conditions
agreed upon by the Parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasing, Timing. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4 Financing Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement overtime for financing of necessary public facilities.
See Exhibit B
Development Agreement Page 5 of 17
Fairway Ranch 628317 -14
1
5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules Regulations and Official Policies.
6.1 Rules Regarding Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property, 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 Regarding Design 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. SubsequentIV Enacted Rules and Regulations.
7.1 New Rules and Regulations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date 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.
Development Agreement Page 6 of 17
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1 �
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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Fairway Ranch 628317 -14
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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; (j) the accrual or use of
the Affordable Unit Credits described in Section 5.3.78 of Exhibit B; or (h) the
exemption from Commercial Linkage Fee described in Section 5.37.0 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 5.3.713 of Exhibit B; or
(j) 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 Project 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.
Development Agreement Page 9 of 17
Fairway Ranch 628317 -14
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 Damages Against 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.
Development Agreement Page 10 of 17
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14. Mortgagee Protection; Certain Rights of Cure.
14.1 Mortgagee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
( "Mortgage "). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, 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 Mortgagee Not Obligated. 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 Mortgagee and Extension of Right to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service 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.
Development Agreement Page 11 of 17
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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 parry 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 Assignments.
17.1 Right to Assign. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a "Transferee "). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer 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 Assignment. 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
(1 p) 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 Assignment. 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
Development Agreement Page 12 of 17
Fairway Ranch 628317 -14
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 Assignment. The sale or other
transfer of any interest in the Property to a purchaser ( "Purchaser ") pursuant to
the exercise of any right or remedy under a 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. Agreement 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; Prevailing Wages.
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
Development Agreement Page 13 of 17
Fairway Ranch 628317 -14
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 Prevailing Wages.
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(4). 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 Damage_ Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per- occurrence combined single limit of not less
than five million dollars ($5,000,000) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
Development Agreement Page 14 of 17
Fairway Ranch 628317 -14
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:
Martin Inderbitzen
7077 Koll Center Parkway, Suite 120
Pleasanton, CA 94566 -3152
FAX No. (925) 485 -1065
Development Agreement
Fairway Ranch
Page 15 of 17
628317 -14
James Tong
Charter Properties
6601 Owens Drive #100
Pleasanton, CA 94588
(925) 463 -1666
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. Agreement is Entire Understanding.
This Agreement, the loan commitment letters executed by City with an
effective date of July 1, 2003 (the "Loan Commitment "), 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
Development Agreement Page 16 of 17
Fairway Ranch 628317 -14
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
executed as of the date and year first written above.
CITY OF DUBLIN
By:
J net Lockhart, Mayor
APPROVED AS TO FORM:
Elizabeth H. Silver, City Attorney
r
DEVELOPER
Chan u -O -Lin
ATTEST:
By.C%LA C
ka ck, City Clerk
ng UeK Lin
Development Agreement Page 17 of 17
Fairway Ranch 628317 -14
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of fi t-A H Lb A ss.
On )6 f7 before me, &C—k , 14ryy �u�� -� ,
Date rr Name and Title of Officer (e.g., "Jane Doe, Notary Public)
personally appeared
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Name(s) of Signer(s)
❑ personally known to me
proved to me on the basis of satisfactory
evidence
to be the personN) whose nameN) islaYp
subscribed to the within instrument and
acknowledged to me that`kke /she /they executed
the same in N/herAKeir authorized
capacitypw), and that by hWher/fhair
signatureN on the instrument the personNj, or
the entity upon behalf of which the person)
acted, executed the instrument.
WITN S my ha official seal.
Place Notary Seal Above Signa re Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent remo al and reattachment of this form to another document.
Description of Attache oc ment"' V-B L j � A FA /10U *y k���f/
Title or Type of Documem!NE E4010) r !f
Document Date: \L kY 46 o�l/ Number of Pages: Y90
Signer(s) Other Than Named Above: 016A �S1'�- —4Z 1 /766, I—I&V 4MI
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer --- Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OP SIGNER
0 1999 National Notary Association • 9350 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131 3-2402 • w .nabonalnotary.org Prod. No, 5907 Reorder Call Toll-Free 1- B00- 87MS27
State of California
County of Alameda
On &M. Z q , 2003, before me, the undersigned, a Notary Public, ,
in and for said State and County, personally appeared Hon L : r-n L►n F
Chap 5u-6 Lin, personally known to me (or proved to me on t e basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument acknowledged to me that helshelthey executed the same in
hislherltheir 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.
ESS my hand and official seal.
DARA L. ESP:i'1
A7 CorTiasian 43
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Notary Public - Califumia "
Alameda col pty i,
MY Comm. Enjii S C.-- -n 2:;t'':'
Notary Public
=:��
ILLEGIBLE NOTARY SEAL DECLARATION
(Government Code 27361.7)
I declare under penalty of perjury that the notary seal on the document
to which this statement is attached, reads as follows:
NAME OF NOTARY PUBLIC : jLua L 5 r n b?"
COMMISSION NUMBER: r 3 2 -2- {7
NOTARY PUBLIC STATE. �-
COUNTY:---A la m
MY COMM. EXPIRES: 1� Z
SIGNATURE OF DECLARANT:
PRINT NAME OF DECLARANT: Tie ''��S� d�
CITY & STATE OF EXECUTION: 4
DATE SIGNED; to
THE ABOVE L FORMATION MUST BE LEGIBLE FOR SCANNING
Fxhihit A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN,
COUNTY OF ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
LOTS 1, 2, AND 3, AS SAID LOTS ARE SHOWN ON THE MAP OF TRACT
7453, FILED FOR RECORD ON NOVEMBER 24, 2003, IN BOOK 273 OF
MAPS AT PAGES 52 THROUGH 56, INCLUSIVE, ALAMEDA COUNTY
RECORDS.
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-0-Lin and Hong Lien Lin
(collectively, the "Developer") dated as of August 15, 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. 03 -31 of the City of Dublin Planning
Commission approving the Vesting Tentative Map for Tract 7453 and the City
Council Resolution No. 149 -03 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 and SDR Resolutions unless otherwise
provided below. All such roadway improvements shall be constructed to the
satisfaction and requirements of City's Engineer.
- Condition 24 Dublin Boulevard /Dougherty Road Intersection
Improvements:
Condition 24 of Planning Commission
Resolution No. 03 -31 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
Development Agreement — Exhibit B Pagel of 12
Fairway Ranch 628317 -14
r
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 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 4 of this
Agreement, Condition 24 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.
Development Agreement — Exhibit B Page 2 of 12
Fairway Ranch 628317-14
(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. 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
(1) 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
Development Agreement — Exhibit B Page 3 of 12
Fairway Ranch 628317 -14
occupancy to eligible low, very low -, and moderate - income households in such
numbers as shown on Sheets A -3 to A -6, A -11, A -12, A -14, A -15, A -19 to A -23,
and A -24 to A -27 on Exhibit 1 of City Council Resolution No. 149 -03 approving
Site Development Review.
The provisions of this Section 5.3.3 shall survive the expiration of the term
of this Agreement.
5.3.4 Financinq 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 NO above.
Pursuant to the terms of that certain Loan Commitment letters executed
by City with an effective date of July 1, 2003 ( "Loan Commitment"), and
provided that Developer and the borrower under said Loan Commitment have
complied with all terms and conditions of the Loan Commitment, 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 (71F ")
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.
Development Agreement -- Exhibit B Page 4 of 12
Fairway Ranch 628317 -14
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
Interchanges. _
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 Lin Family by the Master Development Agreement in
accordance with City's Public Facilities Fee Guidelines (Resolution 195 -99).
i
D. Noise Mitigation 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.
Development Agreement — Exhibit B Page 5 of 12
Fairway Ranch 628317 -14
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
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 and Conditions, Covenants and Restrictions (or deed
restrictions) recorded concurrently herewith against the Property, 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 Loan Commitment.
Development Agreement — Exhibit B Page 6 of 12
Fairway Ranch 628317 -14
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.
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 Housing 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 Sheets A -3 to A -6, A -11, A -12, A -14, A -15,
A -19 to A -23, and A -24 to A -27 on Exhibit 1 of City Council Resolution No. 149-
03 approving Site Development Review, (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.)
Development Agreement — Exhibit B Page 7 of 12
Fairway Ranch 628317 -14
(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.
(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.
Once Certificates of Occupancy have been issued for all of the
Project Affordable Units, whether in the Senior Housing Component or the Multi -
Family Component, 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.
Development Agreement — Exhibit B Page 8 of 12
Fairway Ranch 628317 -14
(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 O_ bligation on Affordable Unit
Credit Propert y
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
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 or obtained 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.
Development Agreement -- Exhibit B page 9 of 12
Fairway Ranch 628317 -14
(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
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 Linkage 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 Conditions, Covenants and Restrictions or deed
restrictions) 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
Development Agreement — Exhibit B Page 10 of 12
Fairway Ranch 628317 -14
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
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.
Except as provided below, 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. Developer shall provide a shuttle
service for the Senior Housing Component for 30 years from the date of issuance
of the first Certificate of Occupancy for the Senior Housing Component.
Development Agreement — Exhibit B Pagel 1 of 12
Fairway Ranch 628317 -14
E. Survival.
The provisions of this Section 5.3.7 shall survive the expiration of the term
of the Agreement.
Development Agreement — Exhibit B Page 12 of 12
Fairway Ranch 628317 -14
Exhibit C
INCLUSIONARY ZONING REGULATIONS;
DUBLIN MUNICIPAL CODE CHAPTER 8.68
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
CHAPTER 8.68 INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose of this 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 - low -, low -, and moderate income.
S. 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 Lunt, including senior housing, affordable to
households with very -low -, low -, or moderate incomes as defined in this chapter.
1. Rental units are deemed affordable Louts if the annual rent does not exceed 3 0% of maximum
income level for very - low -, 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 household.
14..
D. "Very -low -, 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% 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 -low -, low -, or moderate - income
City of Dublin Zoning Ordinance 68 -1 September, 1997
Revised-January 2003"
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
households, as applicable, for a period of not less than 55 years. With respect to rental units, 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 %o Affordability Requirement. All new residential development projects of 20 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, 1857 _
Revised January 2003
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.
8.58.040. 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 Iast 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 of the fee shall be as set forth in a resolution of the 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 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:
I . 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
r
City of Dublin Zoning Ordinance _ 68 -3 September, 1997
Revised-January 2003-
MCLUSIONARY 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 of lots
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 1200 - 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 of project 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 fnclusionary 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:
0 Employed within the boundaries of the City of Dublin (3 points, one per household)
R 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 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:
Cffy of Dublin .honing Ordinance 68 -5. September, 1997
Revised-January 2003 j
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
A. Fee Deferral.
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 of the 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 -Lien 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 -low -, low -, and moderate - income ownership or rental housing in the City of Dublin.
B. Annual report. The City Manager shall prepare an annual 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- low -, 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.
City of Dublin Zoning Ordinance 68 -6 Sept6lmber, 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 of this 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/legaI 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.
8.6$.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.
Exh� ib :.t
CI'T'Y OF DUBLIN
AFFORDABLE UNIT CREDIT CERTIFICATE
This Certificate is awarded by the City of Dublin ( "City'.') to the Lin Family (Chang $u-
O -Lin, Hong Lien Lin and Hong Yao Lin) (. "Developer ") pursuant to the Fairway Ranch
Development Agreement dated between the City and the Developer.
B.y virtue o£ having constructed affordable housg_in the Fairway-Ranch Project,
Developer is entitled to an affordable unit credit•in. the .amount of units.
This certificate is effective as of , the date the certificate of
occupancy was issued for ..(address and.building number): The credit
certificate will terminate on , which is thirty (30) years after its
effective date.
Developer may use these credits to satisfy the requirements of the Inclusionary Zoning
Regulations for any residential development consisting of up to a maximum of 2,655
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.
Date
CITY OF DUBLIN
City Manager
EXHIBIT E
DESCRIPTION
ADDITIONAL PROPERTY
DUBLIN RANCH
DLTBLTi-;'., CALIFORNIA
kRCEL QN+F
Ai`DS OF 1i0I�G LIEN LIN\ 1TAL., AS DESCRIBED 1N DEED RECORDED DEC£ +1BER 1 5, 1999, IN
OCUNIEN7 SERIES NO. 99- '145131, ALAMEDA COUNTY RECORDS.
PN 9S5 -0001 -002
-XRCEL TWO
ANDS OF CHAiING Sty- O -LIN, AS DESCRIBED LN DEED RECORDED JANUARY 6, 1952, IN DOCUMENT
ERIE.S NO. 52- 001756, ALA IEDA COUNTY RECORDS-,
PN 986 - 0004 - 405-01
ARCEL THREE
)UIGI`ATED RENL INDER AREA ;CIO. 1" AS SHONVN ON THE MAP OF TRACT 71335, RECORDEI? ON
UGUST 10, 2001, IN BOOK 259 OF MAPS AT PAGES 57 THROUGH 63, ALAMEDA COIRiTY RECORDS.
PIN 985-29-10
ARCEL FOUR
�
ARCET. 1" AS SHOWN ON THE -NiAP OF TRACT 7148, RECORDED ON FEBRUARY 14, 2001, FN BOOK
57 OF MAPS AT PAGES 3 THROUGH 7, ALAIv1EDA COUNTY RECORDS.
PN 985 -09 -06 AND 07
ARCEL F E
PARCEL 9" AS SHOWN ON THE M-kP OF TRACT 7I48, RECORDS ON FEBRUARY !d, 3Q�i, IN R(iC1R
57 OF MAPS AT PAGES ? THROUGH 7, ALAMEDA COUNTY RECORDS.
YN 985 -09 -15
ARCEL S
LOT 4" AS SHOWN ONT THE MAP OF TRACT 7453, RECORDED ON NOVE►!,.1BER 24, 2003, IN BOOK 273
)1: NMAPS AT PAGES 52 THROUGH 56, ALAMEDA COUNTY RECORDS.
'ORTION OF APN 935-27-01
'ARCS SL EVEIN
,ANDS OF CHANG SU -O -LINT, ETAL, DESIGNATED AS "RESULTANT REMAINDER NO. 4" OF LOT LINE
OJUSTMENT NO. L- 99 -19, AS RECORDED ON APRIL. 10, 20(10 IN DOCUMENT SERIES 'NO. 200010674 ?,
1,L,WEDA COUNFIT RECORDS.
kPN 9SS -27 -08 ANI D 985-3 0 -01
'ARCEL QGHT -
PARCEL 3' AS SHOWN ON THE NLkP OF TRACT 7143, RECORDED ON FEBRUARY 14, 2401, IN BOOK
'57 OF "NLkN AT PAGES .3 ` 1JROUGH 7, ALAMEDA COUNTY RECORDS.
4PN 935 -09 -09
r r EiyI3 QF ,T� u�v
'REPA
10-3
ts2 DATE
ACENS D ` SURV YdR �i0.541 . ' r j
ENP.9r30l ) ,
STATE 0 CALIFOR_NLA
MACOY"k.''s .8"mps
5142 fr u*Jn o v 3,ure lk Pi�as�lat ID d59a 5�5�5
14251 223.)090
ZIPPER f.. �
r YARGAS
SPEIFSUAGE
MISSION PEAK
SILVERIA
i �FIUON ENTERPFISES, INC. GKOOCC& LOGAN
.1 I.UBU RRNC GROUP II, L.P.
PHASE
t
EXHIBIT E
AFFORDABLE UNIT CREDIT PROPERTY'-:. ..:
DUBLIN RANCH M:EKtaHmMc+LAND nNG*LAND suRVEYMc
FLEASANTOK . CA. 44US �925) 225 -0690
CITY 0F' DIJOUN, - - - — STATZ '0F CAUF.OW" DATE 1 t- 3-03 JO Na. 16034 -11
Fig-
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DUBLIN RANCH NORTH
HONG LIEN LIN
HONG YAO LIN
AFN 985-0001-002
lk Ro A D,
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7003728572 12/16/2003 11:47 M
OFFICIAL RECORDS OF ALAMEDA COUNTY
PATRICK O'CONNELL
« RECORDING FEE; 88.00
RECD R9!Nk ? RFQUESTED BY °i41010 Nt
FIRST AW.VICAN TITL6 0( �'Z
Recording requested by and
when recorded, return to' 28 PGs
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
Space above this line for Recorder's Use
�3ECEIVI M
4f4I z '7!
fTY OF f ju t.r L -01'4
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
Chang Su-0-Lin and Hong Lien Lin
DUBLIN RANCH
FAIRWAY RANCH
CONDOMINIUM COMPONENT
t
THIS DEVELOPMENT AGREEMENT (this "Agreement "), dated for
reference purposes as of July 15, 2003, is entered into by and between the City
of Dublin, a Municipal Corporation ( "City"), and Chang Su-0-Lin and Hong Hen
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 6.4 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. Parcels 1, 2 and 3 may be described as tots 1, 2
and 3, respectively, on Final Map 7453 and references Parcels 1, 2 and 3 shall
be deemed to refer to Lots 1, 2 and 3, respectively, on the Final Map for Tract
7'453.
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), recorded July 8, 1999 in
the Alameda County Official Records at 99251790 ( "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 and recorded concurrently
herewith („Regulatory Agreement') and Conditions, Covenants and Restrictions
(or deed restrictions) recorded concurrently herewith against the Property, 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.
Development Agreement Page 1 of 17
Fairway Ranch Condominium Component 633100 -5
F. Developer has applied for, and City has approved or is processing,
various land use approvals in connection with the development of the Project.
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 -31),
and a density bonus of 59 units and site development review (City Council
Resolution No. 149 -03 (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").
These agreements are being recorded concurrently herewith.
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. 149 -03, 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 (CH 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 duly 15, 2003, the City Council adopted Ordinance No. 8 -03
approving this Agreement. The ordinance took effect on August 15, 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.
Development Agreement Rage 2 of 17
Fairway Ranch Condominium Component 633100-5
f
Descri tion of Property.
The property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ( "Property ").
2. Interest of Develo er.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationshi of Ci 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 Effective Date. The effective date of this Agreement ( "Effective
Date ") is August 15, 2003, which is the effective date of City Ordinance No. 8-03,
adopting this Agreement.
4.2 Term. The term of this Agreement shall commence on the
Effective Data 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. 149 -03) shall remain effective until the tenth anniversary of the
Effective Date.
4.3 O tional 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
Development Agreement rage i vT i i
Fairway Ranch Condominium Component 633100-5
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 _Right to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals, 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 Developers 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 Mitiq Won Conditions. Additional or modified conditions
agreed upon by the Parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasing, Timing. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
Development Agreement Page 4 of 17
Fairway Ranch Condominium Component 633100 -5
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4 Finangh Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit S
5.6.5 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. A licable Rules Re ulations and Official Policies.
6.1 Rules Reaardinol 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 Re ardin Design and Construction. Unless otherwise
expressly provided in Sect or Exhibit 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 A licable. Unless otherwise expressly provided in
Section 5 or Exhibit 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.
Development Agreement
Fairway Ranch Condominium Component
Page 5 of 17
633100 -5
f
7. Subsequently Enacted Rules and Re ulations.
7.1 New Rules and Re ulations. 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 A royal of A lication. 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 Applicabi e. 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 6). 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 Section 5.3.5).
8.2 Revised A lication 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
Development Agreement Page 6 of 17
Fairway Ranch Condominium Component 633100 -5
application of such fees to the Property is prospective; and (8) the application of
such fees would not prevent development in accordance with this Agreement.
8.8 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.
9.8 Insubstantial Amendments. Notwithstanding the provisions of
Section 9.2, any amendments to this Agreement which do not relate to (a) the
terra of the Agreement as provided in Section 4.24.2; (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; (j) the accrual or use of
Development Agreement Page 7 of 17
Fairway Ranch Condominium Component 633100 -5
the Affordable Unit Credits described in Section 5.3.713 of Exhibit B; or (h) the
exemption from Commercial Linkage Fee described in Section 5.37.0 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 "signif=icant ".
9.4 Amendment of Pro'ect 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
(j) the exemption from Commercial Linkage Fee described in Section 5.3.70 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 Project 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
Development Agreement Page 8 of 17
Fairway Ranch Condominium Component 633100 -5
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.
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 (0) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damages Against City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against 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
Development Agreement Page 9 of 17
Fairway Ranch Condominium Component 633100-5
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.
14. Mortgagee Protection, Certain Riqhts of Cure.
14.1 Mortgagee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
( "Mortgage "). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, 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 Mortgagee Not Obligated. 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 Mortgagee and Extension of Right to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, them
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
Development Agreement Page 10 of 17
Fairway Ranch Condominium Component 633100 -5
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.
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 Assignments.
17.1 Right to Assign. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a "Transferee "). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of developer 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 Assi nment. 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
Development Agreement Page 11 of 17
Fairway Ranch Condominium Component 633100 -5
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 Assicinment. 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 Assignment. The sale or other
transfer of any interest in the Property to a purchaser ( "Purchaser") pursuant to
the exercise of any right or remedy under a 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, Agreement 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.
Development Agreement Wage 12 of 17
Fairway Ranch Condominium Component 533100 -5
Y
20. Indemnification; Prevailing Wages.
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
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 Prevailing Wages. 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
Development Agreement Page 13 of 17
Fairway Ranch Condominium Component 633100-5
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 Damage Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per - occurrence combined single limit of net 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 _.ofInsurance. 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 ( "MRSD ") which is another public
agency not within the control of City.
Development Agreement Page 14 of 17
Fairway Ranch Condominium Component 633100 -5
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) 888 -6651
Notices required to be given to Developer shall be addressed as follows:
Martin Inderbitzen
7077 Koll Center Parkway, Suite 120
Pleasanton, CA 94566 -8152
FAX No. (925) 485 -1065
James Tang
Charter Properties
6601 Owens [give #100
Pleasanton, CA 94588
(925) 463 -1666
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 verificatidn of receipt.
24. Agreement is Entire Understanding.
This Agreement, the loan commitment letters executed by City with an
effective date of July 1, 2003 (the "Loan Commitment "), 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.
Development Agreement Page 15 of 17
Fairway Ranch Condominium Component 633100 -5
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.
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 Agreement and Component
Development Agreement.
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 F DUBLIN
By:
et Lockhart, Mayor
ATTEST:
By:-
Kay c , Gityberk
Development Agreement Page 16 of 17
Fairway Ranch Condominium Component 633100 -5
APPROVED AS TO FORM:
Elizabeth M. Silver, City Attorney
DEVELOPER
By. -
Pdnt me: Chang Su-0-Lin int Name: 14-6 -n ien Lin
ey,
Development Agreement: Page 17 of 17
Fairway Ranch Condominium Component 533100 -5
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of _... .. _.
On before me, kh Y A e K / )q7—,4,q Y A .
D. Name W'd Tit ee at &ffl'rq., 'J2ne Doe, N4tRry PLJLH "
personally appeared.
KAY KI K
'CdOOMIC
flay COMM. Nay S. SODA
race Notary Smil AbuVe
"L personally known to me
I proved to me on the basis of satisfactory
evidence
to be the person* whose name.(~s) isliare
subscribed to the within instrument and
acknowledged to me that Wshe /lhey executed
the same in 4isffi er/Ult5ir authorized
capacity(yi�s'J; and that by laisrlherllWir
signature,(rw)'on the instrument the person , or
the entity upon behalf of which the person"
acted, executed the instrument.
WITNESS hand icial seal.
_
f13tU�Nm�y lic
OP TIONAL
Though the information below is not require(f by law, it may prove valuable to persons relying on the document
and! ��o}}u��ld��prrevent f audulerrt rarno f and reattac ent of this form to another oCUment.
Description of A # #ac'heFtIO) e) AAIC,�Y O (,00, IAII U �I t ,YP,I 7–
Del r,
Title or Type of Document: -_ . _ �%`� _7___
Document Date: Number of Pages: _
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Signer(s) Other Than Named Above: �I.Y LZ/CL�T
Capaclty(ies) Claimed by Signer
Signer's Name:
C Individual Tr,p ni thumu heri
I Corporate Officer — Title(s);
U Partner — Limited . General
I I Attorney in Fact
I Trustee
L] Guardian or Conservator
71 Other.
Signer Is Representing;
0 1999 NhkiVllal W9.y AMOPnik n * 3350 De SUtu A- P.6. 89 2402 • ClraWworlh, MA!II? Ia 24M • www.ri6llnnalnntary.org Rod. Nn. 5907 Reorclar. Call'Idl -Free 1- 000- 878.9927
State of California
County of Alameda
On -Z - Zoo , 2003, before me, the undersigned, a Notary Public,
in and for said State and County, personally appeared Pond U tC . tr�n.._
Churn u- D Li, personally known to me (or graved to me on a basis of
satisfactory evidence) to be the person(s) whose name(s) islare subscribed to
the within instrument acknowledged to me that helshelthey 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.
ITNES my hand and official seal.
Commission # 1322647
144tafyd public - califomia r
Notary Public
Ainmede County
�Fyt.xixn F..x�i[P.SSc�p2'3,2[DS:�
ILLEGIBLE NOTARY SEAL DECLARATION
(Government Code 27361.7)
I declare under penalty of perjury that the notary sear on the document
to which this statement is attached, reads as follows:
NAME OF NOTARY PUBLIC:
CO�V MISSION NUMBER: / � -
NOTARY PUBLIC STATE. vl r
COUNTY: 4/ Y�
MY COMM. EXPIRES: f -
DATE)
SIGNATURE OF DECLA.RAN -
7�' �' DECLARANT .
PRINT NAM E G
CITX &STATE OF EXECUTION.' �/-z'-�t"
DATE SIGNED: I �- - � � U3
THE ABOVE INFORMATION MUST BE LEGIBLE FOR SCANNING
Exhibit A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN,
COUNTY OF ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
LOT 3 AS SAID LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED FOR
RECORD ON NOVEMBER 24, 2003, IN BOOK 273 OF MAPS AT PAGES 52
THROUGH 56, INCLUSIVE, ALAMEDA COUNTY RECORDS.
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-0-Lin and Hong Dien Lin
(collectively, the "Developer") dated as of August 15, 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 Seguencing 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. 03 -31 of the City of Dublin Planning
Commission approving the Vesting Tentative Map for Tract 7453 and the City
Council Resolution No. 149 -03 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 and SDR Resolutions unless otherwise
provided below. All such roadway improvements shall be constructed to the
satisfaction and requirements of City's Engineer.
- Condition 24 Dublin Boulevard /Dougherty Road Intersection
Improvements:
Condition 24 of Planning Commission
Resolution No. 03 -31 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 (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
Development Agreement -- Exhibit B Page 1 of B
Fairway Ranch Condominium Component 633100-5
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 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 4 of this
Agreement, Condition 24 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. I
(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.
Development Agreement - Exhibit B Rage 2 of 6
Fairway Ranch Condominium Component 633100 -5
(iv) Storm DrainaLe
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
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 Financing 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 Oil) above.
Development Agreement - Exhibit B Page 3 of 5
Fairway Ranch Condominium Corriponent 633100 -5
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
Interchanges.
Developer shall pay the Eastern Dublin I -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 Lin Family by the Master Development Agreement in
accordance with City's Public Facilities Fee Guidelines (Resolution 195 -99).
Development Agreement - Exhibit B Page 4 of 6
Fairway Ranch Condominium Component 533100 -5
" f t
D. Noise Mitigation 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 53680 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- Valle► Transportatlori Development Impact Fee.
Developer shall pay the Td- 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.
5.3.8 Credit
A. Traffic Im act F e Im rovements -- 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 ( "'CIF Guidelines ").
Development Agreement - Exhibit B Page 5 of s
Fairway Ranch Condominium Component 633100-5
B. Traffic Impact f'ee 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
Covenants and Restrictions (or deed restrictions) recorded concurrently herewith
against the Property and the Regulatory Agreement to be recorded, 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. 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.
C. Survival.
The provisions of this Section 5.3.7 shall survive the expiration of
the term of the Agreement.
Development Agreement — Exhibit B Page 6 of 6
Fairway Ranch Condominium Component 633100 -6
RECORDING REQUESTM BY
FIRST AMERICAN TITLE
Recording Requested By And
When Recorded Return To: xlf
City of Dublin
"C
100 Civic Plaza r
Dublin, CA 94568
Attn: City Cleric
r of pL�M 2003728505 1211612003 11.47 AID
s OFFICIAL RFCORD5 OF ALAMED`r1 COUNTY
° r paTRICI� 0 Cgo LL 55.00
RECORDING FEE;
C� {lao�p*F I I
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17 PG5
JAN 1 2 .'004
019- (,I F DUBUN
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
(Dublin Ranch Area B -- Fairway Ranch)
This Declaration of Covenants, Conditions and Restrictions ('Declaration") is made and
executed as of December 1, 2003 (the "Effective Date') by Chang Su-0 Lin (an individual, also
known as Jennifer Lin) and Hong Lien Lin (an individual, also known as Frederic Lin)
(hereafter, collectively referred to as "Declarant').
WHEREAS, Declarant is the owner of that 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 Lots 1, 2 and 3 on Tract No. 7453 and which is more
particularly described in Exhibit A attached hereto and incorporated herein by reference;
WHEREAS, Declarant and the City of Dublin, a municipal corporation ( "City ") are
parties to the following agreements: (i) Master Development Agreement between the City of
Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) dated
as of May 18, 1999 and recorded on July 8, 1999 as document number 99251790 in the Official
Records of Alameda County, which agreement was supplemented by document number
00335772 recorded on November 13, 2000 in the Official Records of Alameda County (as so
supplemented, referred to hereinafter as the "Master Development Agreement "), (ii)
Development Agreement dated as of July 15, 2003 for the Property and recorded in the Official
Records of Alameda County concurrently herewith, (iii) Development Agreement dated as of
July 15, 2003 for Lot 1 of the Property (Senior Housing Component) recorded in the Official
Records of Alameda County concurrently herewith, (iv) Development Agreement dated as of
July 15, 2003 for Lot 2 of the Property (Multifamily Component) recorded in the Official
Records of Alameda County concurrently herewith, and (v) Development Agreement dated as of
July 15, 2003 for Lot 3 of the Property (Condominium Component) recorded in the Official
Records of Alameda County concurrently herewith all of which are collectively hereinafter
referred to as the "Development Agreements';
WHEREAS, Declarant has leased or ;hall lease, sell or convey the Property or portions
thereof to one or more developers who propose to develop 930 housing units on the Property in
three phases: (i) a "Senior Housing Component" consisting of 322 multi - family rental units
659515 -7
for seniors to be developed on Lot 1 of the Property, of which at least 292 units will be units
available at rents affordable to senior households of very low, low, and moderate - income
pursuant to the applicable Development Agreement and the City's Inclusionary Zoning
Ordinance (Dublin Municipal Code Chapter 8.68) ( "Inclusionary Zoning Ordinance'), (ii) a
"Multifamily Component" consisting of 304 multi family rental units to be developed on Lot 2
of the Property, of which 243 units will be units available at rents affordable to households of
very low, low and moderate- income pursuant to the applicable Development Agreement and the
Inclusionary Zoning Ordinance, and (iii) a "Condominium Component" consisting of 304
condominium units to be developed on Lot 3 of the Property, of which 52 will be units available
at affordable cost to households of moderate- income pursuant to the applicable Development
Agreemcnt and the Inclusionary Zoning Ordinance;
WHEREAS, pursuant to the Development Agreements and the Inclusionary Zoning
Ordinance, and as more particularly described in the Affordable Housing Regulatory Agreements
( "Regulatory Agreements') executed, or to be executed, byand between Declarant and City,
Declarant and Declarant's successors in interest are required to (i) maintain the affordability of
the Affordable Units developed as part of the Multifamily Component and the Senior Housing
Component and the availability of such units to households of the specified income levels for not
less than 55 years, and (ii) sell the Affordable Units developed as part of the Condominium
Component at an affordable cost to households of no more than moderate - income and require the
purchaser of each such unit to enter into a resale agreement restricting the sale of the unit
throughout a 55 year term;
WHEREAS, Declarant has proposed that development of the Affordable Units described
herein will satisfy the requirements of the City's Inc lusionary Zoning Ordinance for the Property
and for the development of 2,655 units on the remainder of the property that is the subject of the
Master Development Agreement and the property known as the Wallis Ranch (collectively, the
"Additional Property" which such Additional Property is more particularly described in Exhibit
B attached hereto and incorporated herein by reference);
WHEREAS, Declarant has requested, and pursuant to commitment letters dated as of
July 1, 2043, City has agreed to provide certain financing to assist in the development of the
Affordable Units to be developed within. the Senior Housing Component and the Multifamily
Component, provided that, among other conditions, Declarant executes and records this
Declaration;
WHEREAS, Deelarant anticipates selling or leasing Lots 1, 2 and 3 of Tract 7453 to
different legal entities and may assign Declarant's rights and obligations under the Development
Agreements applicable to such lots to the purchasers or lessees thereof, and
WHEREAS, Declarant intends the covenants, conditions and restrictions set forth herein
( "CC &Rs ") to be for the benefit of the City, the lessees, tenants and purchasers of the
Affordable Units, the owners of the Additional Property or part thereof, and their respective
successors and assigns, and Declarant intends that Declarant's obligations hereunder shall run
with the land and be binding upon all parties having or acquiring any right, title or interest in the
659515 -7 2
Property or any part thereof, their heirs, successors and assigns.
NOW THEREFORE., Declarant hereby declares that the Property shall be held, sold,
conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the
following restrictions, covenants, and conditions, which shall nm with the Property and be
binding on all parties having or acquiring any right, title or interest in the Property or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit of the City, the owners
of the Additional Property, the lessees, tenants and purchasers of the Affordable Units, and their
respective successors and assigns.
Definitions.
1.1. "Affordable Units" means housing units to which rent or sale price restrictions
apply pursuant to the Inclusionary Zoning Ordinance and the applicable Development
Agreements and Regulatory Agreement.
1.2 "Area Median Income" or "AMY means the area median income for
Alameda County, California, adjusted for household size, determined periodically by the
California .Department of Housing and Community Development ( "HCD") as published in
Section 6932 of Title 25 of the California Code of Regulations ( "Regulations ") or successor
provision published pursuant to California Health and Safety Code Section 50093(c). If
HCD ceases to make such determination, Area Median Income shall be the median income
applicable to Alameda County, with adjustments for household size, as determined from time to
time by the U.S. Department of Housing and Urban Development ( "HL1D ") pursuant to the United
States Housing Act of 1937 as amended, or such other method of median income calculation
applicable to the City of Dublin that HUD may hereafter adopt in connection with such Act.
13 "Declarant" means Chang Su-O Lin (an individual, also known as Jennifer Liu)
and Hong Lien Lin (an individual, also known as Frederic Lin) and any person or entity
acquiring all or any portion of Declarant's interest in the Property.
1.4. "Low - Income" means an annual gross income that does not exceed sixty percent
(60 %) of Area Median Income, as determined periodically by HCD on the basis of gross annual
household income, adjusted for actual household size and other factors and published in the
Regulations. If HCD should cease making such determination, "Low- Income" shall be defined
as not greater than 60% of Area Median Income, adjusted for household size and other factors as
determined by HUD.
1.5. "Moderate- Income " means an annual gross income that is less than or equal to
the greater of (i) the maximum income level for households of Moderate Income, as determined
periodically by HCD for Alameda. County on the basis of gross annual household income, adjusted
for actual household size and other factors and published in the Regulations, or (ii) 120% of Area
Median Income, adjusted for household size as published in the Regulations. If HCD should cease
making such determination, "Moderate Income" shall be defined as not greater than 120% of
Area Median Income, adjusted for household size and other factors as determined by HUD.
654515.7 3
1.6 'Restricted Rent" means (i) for units that are restricted for rental to Very Low -
Income households, a monthly rent which does not exceed one - twelfth of thirty percent (30 %) of
the maximum income level for households of Very Low - Income, adjusted for household size, as
published in the Regulations for Alameda County, (ii) for units that are restricted for rental to
Low- Income households, a monthly rent which does not exceed one - twelfth of thirty percent
(30 %) of sixty percent (60 %) of AMI, adjusted for household size, as published in the
Regulations, and (iii) for units that are restricted for rental to Moderate - income households, a
monthly rent which does not exceed one - twelfth of thirty percent (30 %) of the maximum income
level for households of Moderate- Income, adjusted for household size, as published in the
Regulations for Alameda County; provided however, during any period during which rent and/or
occupancy limitations based on household income apply to the Affordable Units pursuant to a
regulatory agreement executed in connection with either tax-exempt bond financing or the use of
federal low- income housing tax credits, the rent and income limitations set forth in such regulatory
agreement shall prevail.
1.7. "Very LowIncome" means an annual gross income that is less than or equal to
the greater of (i) the maximum income level for households of Very Low-income as determined
periodically by HCD for Alameda County on the basis of gross annual household income, adjusted
for actual household size and other factors and published in the Regulations, or (ii) 50% of Area
Median Income, adjusted for household size as published in the Regulations. If HCD should cease
making such determination, "Very Low- Income" shall be defined as not greater than 50% of
Area Median Income, adjusted for household size and other factors as determined by HUD.
2, Term. For each lot comprising the Property, the conditions, covenants and restrictions set
forth herein applicable to such lot shall remain in effect until the following dates, as applicable:
2.1 The CC &Rs applicable to Lot 1 (Senior Ilousing Component) shall remain in effect
through the fif y. fifth (55th) anniversary of the issuance of the final certificate of occupancy for
the housing units developed on such lot_
2.2 The CC &Rs applicable to Lot 2 (Multifamily Component) shall remain in effect
through the fifty -fifth (55th) anniversary of the issuance of a final certificate of occupancy for
the housing units developed on such lot.
2.3 The CC&Rs applicable to Lot 3 (Condominium Component) shall remain in effect
with respect to each Affordable Unit developed as part of the Condominium Component through
the fifi3- fifth (55t11) anniversary of the date each such Affordable Unit has been sold to an
eligible purchaser in accordance with the Inelusionary Zoning Ordinance and the Regulatory
Agreement applicable to the Condominium Component. It is Declarant's intent that this
Declaration shall be released and reconveyed as to the remainder of Lot 3 at such time that all of
the Affordable Units required to be constructed on Lot 3 pursuant to the applicable Development
Agreement have been sold in compliance with the Inclusionary Zoning Ordinance and the
applicable Regulatory Agreement, including without limitation the recordation of a resale
agreement applicable to each such Affordable Unit.
659515 -7 4
3. Development and Use of the Property. The Property shall be developed as described
herein and in accordance with the Development Agreement(s) applicable to each lot thereof, and
shall comply with the Inclusionary Zoning Ordinance and the applicable Development
Agreements as set forth in this Section.
11 Lot No. i ( "Senior Housing Component"). Lot No. l shall he developed with 322
multi- family rental units for .Eligible Senior Households (as defined in the applicable Regulatory
Agreement), of which throughout the term described in Section 2.1: 131 shall be restricted for
rental at Restricted Rents to households whose gross income at initial occupancy does not exceed
Moderate - Income, 97 shall be restricted for rental at Restricted Rents to households whose gross
income at initial occupancy does not exceed Low- Income, and 64 shall be restricted for rental at
Restricted Rents to households whose gross income at initial occupancy does not exceed Very
Low- Income.
3.2 Lot No. 2 ("Multi-Faynily Component" . Lot No. 2 shall be developed with 304
multi family rental units, of which throughout the term described in Section 2.2: 90 shall be
restricted for rental at Restricted Rents to households whose gross income at initial occupancy
does not exceed Moderate - Income, 90 shall be restricted for rental at Restricted Rents to
households whose gross income at initial occupancy does not exceed Lovulncome, and 63 shall
be restricted for rental at Restricted Rents to households whose gross income at initial occupancy
does not exceed Very Low - Income,
3.3 Lot No. 3 ( "Condominium Component "). Lot No. 3 shall be developed with 304
condominium units, of which 52 (the "Moderate- Income Units ") shall be sold to households
whose gross income does not exceed Moderate - Income. The Moderate - Income Units shall have
a sale price which results in a monthly housing expense that does not exceed one - twelfth of
thirty five percent (35 %) of one hundred and twenty percent (120 %) of the Alameda County
median income, adjusted for household size, in accordance with the Inclusionary Zoning
Ordinance and the applicable Regulatory Agreement.
4, City as Beneficiary. City is an intended beneficiary of this Declaration, and shall have
the right, but not the obligation, to enforce the terms hereof. Upon any default under this
Declaration as to a particular lot, City, as its sole and exclusive remedy, may seek specific
performance of the terms hereof and the conditions of approval of the Property as to the lot with
respect to which such default has occurred, and may enjoin acts which may be in violation of this
Declaration; provided however, no obligation under this Declaration including, without
limitation, any obligation for the payment of money, any claim and any judgment for monetary
damages occasioned by breach or alleged breach of any provision of this Declaration, or
otherwise, shall be secured by or in any manner constitute a lien on, or security interest in, the
Property, Failure by City to enforce any provision contained herein shall not be deemed a
waiver of the right to do so as to any continuing, subsequent, or other violation.
5. Bindin g on Successors in Interest-, Provisions Run With the Land. The Property, and
each and every portion thereof, shall be held, sold, conveyed, hypothecated, encumbered, leased,
659515 -7 5
rented, used, occupied and improved subject to the limitations, covenants, conditions and
restrictions set forth in this Declaration, all of which shall run with the land, shall constitute
equitable servitudes, shall be binding on all parties having or acquiring any right, title or interest
in the Property or portion thereof, and their heirs, successors and assigns, and shall inure to the
benefit of City, the owners of the Additional Property, the tenants and purchasers of the
Affordable Units, and their respective successors and assigns. It is Declarant's intent that this
Agreement satisfy the requirements of California Civil Code Section 1468.
Without limiting the foregoing, Declarant hereby declares that it is Declarant's express
intent that the covenants, restrictions and conditions set forth herein shall be deemed covenants
running with the land and shall pass to and be binding upon Declarant's successors in title to the
Property; provided however that upon expiration of the applicable term as set forth in Section 2
hereof, such covenant, conditions and restrictions shall expire as to the applicable lot.
5.1 Burden and Benefit. Declarant hereby declares that it is Declarant's understanding
and intent that the burden of the covenants set forth herein touch and concern the land in that
Declarant's legal interest in the Property is rendered less valuable thereby. UDmlarant further
declares that it is Declarant's understanding that the benefit of such covenants touch and
concern the land by enhancing and increasing the enjoyment and use of the project to be
constructed on the Property by Loin , Very -Low- and Moderate- Income tenants and purchasers
of the Affordable Units, and by furthering the public purposes of the Inclusionary Zoning
Ordinance.
5.2 Uniformity; Common Plan. The covenants, conditions and restrictions hereof shall
apply uniformly to the Property in order to establish and carry out a common plan for the use,
development and improvement of the Property.
6. Notices. All notices required or permitted to be given pursuant to this Declaration shall
be in writing and shall be delivered personally, sent via overnight business courier service such
as Federal Express, sent by facsimile or mailed by certified mail with return receipt requested, to
Declarant and City at the following addresses:
65951$ -7
To Declarant:
Chang &-O Lin and Hong Lien Lin
c/o Charter Properties
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Attention: James Tong
To City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Community Development Director
Personally delivered notices shall be deemed given upon actual delivery to the applicable address
listed above. Notices sent by facsimile transmission shall be deemed given upon confirmed
completion of transmission to the receiving party's facsimile machine, provided such
transmission occurs at a time and day on which the recipient is customarily open for business.
Notices sent by overnight business courier service shall be deemed given upon delivery as
evidenced by the receipt of the delivery service. Mailed notices shall be deemed given upon the
earlier of three (3) business days after deposit into the United States mail, certified with postage
fully prepaid, or the date of actual receipt as evidenced by the return receipt. No party shall
evade or refuse delivery of any notice.
7. Mortgagee Protection. No violation of any provision contained herein shall defeat or
render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all
or any portion of the Property, and the purchaser at any trustee's sale or foreclosure sale shall not
be liable for any violation of any provision hereof occurring prior to the acquisition of title by
such purchaser. Such purchaser shall be bound by and subject to this Declaration from and after
such trustee's sale or foreclosure sale. Promptly upon determining that a violation of this
Declaration has occurred, City shall give written notice to the holders of record of any mortgages
or deeds of trust encumbering the Property that such violation has occurred.
8. Amendment. This Declaration shall not be amended without the prior written consent of
(i) the City, and (ii) the holders of any mortgages or deeds of trust encumbering the Property, nor
shall this Declaration be rescinded without the prior written consent of the City,
9. EstopRel Certificate. At any time during the term hereof, City or any party owning an
interest in all or any portion of the Property or the Additional Property may request an estoppel
certificate from Declarant or City attesting to such party's compliance with the terms and
provisions of this Declaration. A party making a request for an estoppel certificate shall provide
Declarant or City, as applicable, with all. documentation reasonably necessary for Declarant or
City to form an opinion as to compliance or noncompliance with the provisions hereof After
receiving such a request and the necessary supporting documentation, Declarant or City, as
applicable, shall respond, in writing, within ten (10) business days following the date of receipt
and shall either confirm compliance with the terms and provisions of this Declaration or shall
state in reasonable detail any alleged failure to comply and the steps necessary to cure such lack
of compliance.
10. Nondiscrimination. No person or entity owning any interest in the Property, or any
portion thereof, shall discriminate on the basis of race, color, ancestry, religion, creed, sex,
marital status, or national origin in the sale, rental or lease or in the use or occupancy of all or
any portion of the Property.
11. Time. Time is of the essence of this Declaration.
12. Severability. If any term or provision of this Declaration shall, to any extent, be held
invalid or unenforceable, the remainder of this Declaration shall not be affected, provided that
659515.7 7
the intent of the Declaration may be reasonably fulfilled. In any event, the term or provision
shall be deemed to be invalid only as to the entity and circumstance for which it was held to be
invalid.
13. Attorpeys' Fees. In the event it is necessary to commence legal proceedings for the
purpose of enforcing any provision or condition hereof, or by reason of any breach arising under
the provisions hereof, then the successful party in such proceeding shall be entitled to recover
court costs and reasonable attorneys' fees, in an amount to be determined by the court.
14. No Subordination. It is Declarant's intent that this Declaration shall not be subordinate
to any interest, lien, lease, ground lease, security agreement, deed of trust or mortgage recorded
against the Property other than the applicable Development Agreements. If at the time this
Declaration is recorded, any such interest, lien, lease, ground lease, security agreement, deed of
trust or mortgage has been recorded against the Property in position superior to this Declaration,
Declarant hereby covenants and agrees to promptly undertake all action necessary to clear such
matter from title or to subordinate such interest to this Declaration.
15, _A ements Affecting Property. Each and every contract, deed, lease or other
instrument covering, conveying or leasing the Property or part thereof shall conclusively be held
to have been executed, delivered and accepted subject to the covenants, conditions and
restrictions set forth herein, regardless of whether such covenants, conditions and restrictions are
set forth in such contract, deed, lease or other instrument. If any such contract, deed, lease or
other instrument has been executed prior to the date hereof, Declarant shall obtain and deliver to
City an instrument in recordable form signed by the parties to such contract, deed, lease or other
instrument pursuant to which such parties acknowledge and accept this Declaration and agree to
be bound hereby.
659515.7
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first
written above.
DECLARANT
ng SirO Lin f ly ti &� r , Le 1n 4C
H. g Lien Lin
The foregoing Declaration of Covenants, Conditions and Restrictions has been found to be
consistent with the intent of the City of Dublin Inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68), and the City of Dublin consents to the provisions thereof.
CITY Of DUBLIN
By:
Richard C. Ambrose, City Manager
Attest: -
City Clerk
Approved as to Form:
City Attorney
SIGNATURES MUST BE NOTARIZED,
659515 -7 9
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first
written above.
DECLARANT
Chang Su-0 Lin
Hong Lien Lin
The foregoing Declaration of Covenants, Conditions and Restrictions has been found to be
consistent with the intent of the City of Dublin Inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68), and the City of Dublin consents to the provisions thereof.
CITY OF DUBLIN
By, i, r
Richard C. Ambrose, City Manager
Attest:
City C r z c
Approved as to Form, _
.2
City Attomey
SIGNATURES MUST BE NOTARIZED.
659515 -7
ACKNOWLEDGMENT
TAIWAN )
CITYOF TAIPEI )
SS.
AMERICAN INSTITUTE IN )
TAIWAN, TAIPEI OFFICE
V,arlc,tta T,. NAWD
ON 2003, BEFORE ME Sp lal Notary (PL96--8)
go utt;zm Lin, iiong -Lien and Lin, Hong --Lien as Attorney -In -Fact
PERSONALLY APPEARED of Chang Su -0 Lin - -- -- -- - . -- - -- -
'KMffvVN TO R PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN
HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE
INSTRUMENT THE PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON
ACTED, EXECUTED THE INSTRUMENT -
SIGNATURE
e -avisen
NAME (PRINTED), ' 1� �}pp}}�� `91 �y+ [x i �T 1 /��wyT �ly{/n� ��y(
yp4 cj,,' S �S�JM.`.,l�,l 11 L96 -8)
SPECIAL NOTARY (
Duly `�i). D:I. t)...1 �-' "a' Qualified
ion pire's August 28, 2004
MY COMMISSION EXPIRES:
ILLEGIBLE NOTARY SEAL DECLARATION
Government Code 27361.7)
I declare under penalty of perjury that the notary seal on the document
to which this statement is attached, reads as follows;
NAME OF NOTARY PUBLIC:r 1°` y r S
COMMISSION NUMBER:
NOTARY PUBLIC STATE: <4 1'u . .
COUNTY: 1' -
My COMM. EXPIRES; lq" J-
(nAfi)
SIGNATURE OF DECLARAN.t : LAI-1 �
PRINT NAME OF DECLARANT*.—
CITY& STATE OF EXECUTION- r���`� OA
-
DATE SIGNED: ' / D — �
THE ABOVE INFORMAMOM MUST 87, LEGIBLE FOR SCANNING
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of 0-9���.....- I
On before me, Y WO ,
ate Nome 81x1 T e of Officer (e.g., "Jana
personally appeared
KAY KECK
Commb0on # 12BOQ69
Nokxy Put]Iic - Calftr is
AJQMed0 COLmty
My C calm. FxpMm Noy 1% 2W4
J personally known to me
proved to me on the
evidence
6
basis of satisfactory
to be the personK whose name isles
subscribed to the within instrument and
acknowledged to me that help 1ey executed
the same in his>eTZW6ir authorized
capacity; and that by hislF! it
slgnature on the instrument the persor ) or
the entity upon behalf of which the person.
acted, executed the instrument.
WITNES hand a icial seal-
__ � -- ._..._... _...
ature No Place Nolary Seal Above no ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this farm to another document.
Description of Attached ie t J !�-
Title or Type of Document:
Document Date; .- .._"..__ /.— Numbar of Pages:
Signer(s) Other Than Named Above, Sd1.A!q .
Capacity(ies) Claimed by Signer
Signer's Name:___
❑ Individual
-1 Corporate Officer — Titie(s):
CI Partner — I I Limited I I General
❑ Attorney in Fact
❑ Trustee
'_:J Guardian or Conservator
._.I Other:
Signer Is Representing:
HIGH 'I 1 HUMBPRIN I
or SIGNEJ2
0 1999 National Notary Ass Qdon • 11390 Oc Sato Aw., P.O. eax 2402 - rhalnworllr. CA 91313 -2402 • www.nelian811iuWry.Ory Plod No. 5997 ne(y I$r: CPA TrJbFrm IS930 875-£1827
EXHIBIT A
PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
LOTS 1, 2, AND 3, AS SAID LOTS ARE SHOWN ON THE MAP OF TRACT 7453,
FILED FOR RECORD ON NOVEMBER 24, 2003, IN BOOK 273 OF MAPS AT PAGES
52 THROUGH 56, INCLUSIVE, ALAMEDA COUNTY RECORDS.
659515 -7
10
0
6,59515-7
EXHIBIT B
ADDITIONAL PROPERTY
(Attach legal description of Dublin Ranch and Wallis Ranch.)
0
16034 -1
11/3/0:
B.c
Esiii.i UT T "B"
DESCRIPTION
ADDITIONAL PROPERTY
DUBLIN RANCH
DUBLIN, CALIFORNIA
PARCEL ON9
LANDS OF HONG LIEN LM, ETAL, AS DESCRIBED IN I]I?ED RECORDED DECEMBER 15, 1999, IN
DOCUMENT 81rRIES NO, 99- 445131, ALAMEDA COUNTY RECORDS.
APN 9$50001 -002
PARCEL `I'W(
I..ANDS OF CHANG SU -O -L N, AS DESCRIBED IN DEED I3ECORDFD JANUARY 6, 1982, IN DOCUMENT
SEWS NO. 82- 001756, ALAMEDA COUNTY R. ECOADS.
APN 986 - 0004 - 005 -01
PARCEL TH E
" DESTGNATED REMAINDER AREA NO, 1" AS SHOWN ON THE MAP OF TRACT 7135, RECORDED ON
AUGUST 10, 2001, IN BOOK 259 OF MAPS AT PAGES 57 THROUGH 63, ALAMEDA COUNTY RECORDS,
APN 985 -29 -10
R6 C1! FOUZ
"PARCEL 1" AS SHOWN ON TGIF, MAP OF '1'ItACT 7148, RECORDED ON FEBRUARY 14, 2001, IV I3oC1iC.
257 OF MAPS AT PAGES 3 THROUGH 7, ALAMEDA COLTNTY RECORDS.
APN 985 -09 -06 AND 07
PARS F� 1VE
"PARCEL 9 " AS SHOWN ON THE MAP OF TRACT 7148, RECORDED ON FEBRUARY 14, 2001, I BOOK
257 OF NEAPS AT PAGES 3 T14ROUGH 7, ALAMEDA COUNTY RECORDS.
APN 985 -09 -15
P Cam, ", ,LSIX
` °Lor 4" AS SHOWN ON THE MAP OF TRACT 745 3, RECORDED OIk1 NC7VEMSEIZ 24, 2003, IN I300K 273
OF MAPS AT PAGES.52 THROUGH 56, ALAMEDA COUNTY RECORDS,
PORTION OC APN 985 -27 -01
PARCEL SF- N
LANDS OF CHANO 5TJ- 0-LrN, ETAL, DESIGNATED AS "RESULTANT REMAINDER NO, 4" OF LOT LLNF~
ADJUSTMVN ' NO, L- 99 -1.9, AS RECORDED ON APRIL 10, 2000 T1 DOCVMENT SERIES NO. 2040106747,
ALAMEDA COUNTY RECORDS,
APN 985 -27 -08 AND 985 -30 -01
PARC>✓L ETGIIT
"PARCEL 3" AS SHOWN ON THE MAP OF TRACT 7148, RECORDED ON FEBRUARY 14, 2001, IN BOOK
257 OF MAPS AT PAGES 3 THROUGH 7, ALAMEDA COUNTY RECORDS.
APN 985 -09 -09
END O' ON .
PREPA °f;lwkk� h
63 0-3
It T Ca. DATE W
LICENSEE) SURVEYOR. NO. 5412
(EXP.9 /30! )
STA`T'E O . CALIFO.RNIA
,.
16034� S. kbel 1- 3- 0}Aftdw&illcURitC7tdii -t itblin
A F anKlin lailhhro SCR e &
19255 2254)49C
RESOLUTION NO. 18 -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * **
APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE
MAP 8164 (LOT 3) FOR 122 TOWNHOUSE /CONDOMINIUM UNITS FOR AN 8.8 -ACRE
SITE (6.36 NET ACRES) KNOWN AS THE GROVES AT DUBLIN RANCH (LOT 3) LOCATED
ALONG THE NORTH SIDE OF DUBLIN BOULEVARD BETWEEN
KEEGAN STREET AND LOCKHART STREET IN THE
EASTERN DUBLIN SPECIFIC PLAN AREA
PLPA- 2013 -00034 (APN 985 - 0048 -005)
WHEREAS, the Applicant, Lennar Corporation on behalf of Dublin Ranch Lot 3 Project
Owner LLC (under management of Integral Communities) submitted applications for an 8.8-
acre site (6.36 net acres) known as The Groves at Dublin Ranch (Lot 3) ( "Project Site "); and
WHEREAS, the Project site is located along the north side of Dublin Boulevard, south of
Central Parkway, west side of Lockhart Street, and east of Keegan Street within the Eastern
Dublin Specific Plan and Area B of the Dublin Ranch planned community; and
WHEREAS, the applications include: 1) General Plan and Eastern Dublin Specific Plan
amendments to change the land use from its current designation of High Density Residential
(25.1 or greater units per acre) to Medium -High Density Residential (14.1 to 25 units per acre),
and 2) Stage 1 Planned Development Rezoning (PLPA 2013 - 00034) and new Stage 2
Development Plan; and
WHEREAS, the applications also include: a) Site Development Review (SDR); and b)
Vesting Tentative Tract 8164 (Lot 3) dated received January 22, 2014 for 122
townhouse /condominium units within the Project Site; and
WHEREAS, the applications collectively define this "Project" and are available and on file
in the Community Development Department; and
WHEREAS, the Project site is generally vacant land; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. The project is within
the scope of the program analyzed in the Eastern Dublin EIR as to land use, density and
development assumptions, and also within the development assumptions of a subsequent
1997 ND; therefore, no additional environmental review is required, as documented in the
attached draft resolution; and
Page 1 of 31
WHEREAS, on January 28, 2014, the Planning Commission held a public hearing and
adopted Resolution 14 -04 recommending that the City Council approve the requested
amendments to the General Plan and Eastern Dublin Specific Plan from its current designation
of High Density Residential (25.1 or greater units per acre) to Medium -High Density Residential
(14.1 to 25 units per acre); and
WHEREAS, on January 28, 2014, the Planning Commission held a public hearing and
adopted Resolution 14 -06 recommending that the City Council approve the requested Stage 1
Planned Development (PD) Rezoning and Stage 2 Development Plan consistent with the
requested land use amendments; and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve a
Site Development Review and Vesting Tentative Tract 8164 (Lot 3); and
WHEREAS, the City Council did hold a public hearing on said application on February
18, 2014, for this project at which time all interested parties had the opportunity to be heard;
and
WHEREAS, the City Council did hear and use 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
hereby makes the following findings and determinations regarding the proposed Site
Development Review for 122 townhouse /condominium units on Lot 3 of Tract 8164 located
along the north side of Dublin Boulevard between Keegan Street and Lockhart Street:
Site Development Review:
A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning
Ordinance, with the General Plan and any applicable Specific Plans and design
guidelines because: 1) The project will not undermine the architectural character and
scale of development in which the proposed project is to be located; 2) the project will
provide a unique, varied, and distinct housing opportunity; 3) the project is consistent
with the General Plan and Eastern Dublin Specific Plan Land Use designation of
Medium -High Density Residential to be adopted in conjunction with the approval of
the Project; and 4) the project complies with the development standards established
in the Planned Development Plan.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because:
1) the project contributes to orderly, attractive, and harmonious site and structural
development compatible with the intended use, proposed subdivision for
townhouse /condominiums, and the surrounding properties; and 2) the project
complies with the development regulations set forth in the Zoning Ordinance where
applicable and as adopted for PD PLPA 2013 - 00034.
Page 2 of 31
C. The design of the project is appropriate to the City, the vicinity, surrounding
properties, and the lot in which the project is proposed because: 1) the size and mass
of the proposed units are consistent with other residential developments in the
surrounding area; 2) the project will contribute to housing opportunities and diversity
of product type as a complement to the surrounding neighborhoods; and 3) the
project will serve the current buyer profile and market segment anticipated for this
area.
D. The subject site is suitable for the type and intensity of the approved development
because: 1) the project site originally was approved and graded for of more than
twice the number of units proposed currently and can accommodate the proposed
structures and uses; 2) the proposed townhouse structures to be developed on the
property meet all of the development standards established to regulate development
in the neighborhood overall as referenced in the adopted Stage 1 Planned
Development Regulations and the approved Stage 2 Development Plan; and 3) the
project will complete the three -phase multi - family residential project originally
approved as The Groves /Fairway Ranch within the Dublin Ranch planned community.
E. Impacts to existing slopes and topographic features are addressed because: 1) with
exception of sidewalks and landscaping, the perimeter infrastructure is complete; 2)
the project site will be slightly re- graded in accordance with the related Tract Map for
the proposed townhouse /condominium project, and 3) retaining walls will be
constructed as required to support grade differentials between building envelopes
and setback or right -of -way areas.
F. Architectural considerations including the character, scale and quality of the design,
site layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors and similar elements result in a
project that is harmonious with its surroundings and compatible with other
developments in the vicinity because: 1) the development reflects the multi - family
character of housing in the general vicinity; 2) the townhouse structures reflect the
architectural styles and development standards for other Medium —High Density
Residential projects in the area; 3) the materials proposed will be consistent with
multi - family projects in the area; and 4) the color and materials proposed will be
coordinated among the structures on site.
G. Landscape considerations, including the location, type, size, color, texture and
coverage of plant materials, and similar elements have been incorporated into the
project to ensure visual relief, adequate screening and an attractive environment for
the public because: 1) all perimeter landscaping, walls, fences, and hardscape are
proposed for construction in accordance with the master plan; and 2) landscaping in
common areas is coordinated through a series of paseos and footpaths; 3) common
area open space has been provided in the form of a pocket park; and 4) the project
will conform to the requirements of the Stage 2 Development Plan and the Water
Efficient Landscape Ordinance.
Page 3 of 31
H. The site has been adequately designed to ensure the proper circulation for bicyclist,
pedestrians, and automobiles because: 1) all infrastructure including streets,
parkways, pathways, sidewalks, and streetlighting are proposed for construction in
accordance with the Dublin Ranch master plan; and 2) development of this project will
conform to the major improvements already installed allowing residents the safe and
efficient use of these facilities.
BE IT FURTHER RESOLVED that the proposal by Developer to pay, on or before July 1,
2014, a fee of $1,300,000 in -lieu of constructing fifteen (15) Inclusionary Units as an alternate
method of complying with the Inclusionary Zoning Regulations is consistent with the purposes of
the Inclusionary Zoning Regulations for the reasons that follow:
1. Fees collected in lieu of the development of onsite Inclusionary Units will be used
to assist with the development of affordable units in locations that are superior
locations for affordable units because of access to transit and services.
2. The fees will be received earlier (on or before July 1, 2014) than in -lieu fees are
due under the Regulations (prior to first building permit).
3. The units in the Project are townhome units that are likely to be priced more
affordably than other units in the City of Dublin.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes
the following findings and determinations regarding Vesting Tentative Map 8164 (Lot 3):
Vesting Tentative Tract 8164 (Lot 3)
A. The proposed Vesting Tentative Map 8164 (Lot 3) is consistent with the intent of
applicable subdivision regulations and related ordinances for Dublin Ranch and the
Eastern Dublin Specific Plan area.
B. The design and improvements of the proposed Vesting Tentative Map 8164 (Lot 3) are
consistent with the General Plan and the Eastern Dublin Specific Plan, as anticipated
amendments as part of the Project , as they relate to the subject property in that it is a
subdivision for implementation consistent with adjacent residential neighborhoods
designated for this type of development.
C. The proposed Vesting Tentative Map 8164 is consistent with the Planned Development
zoning approved for Project through the Planned Development zoning adopted for this
project and therefore consistent with the City of Dublin Zoning Ordinance.
D. The properties created by the proposed Vesting Tentative Map 8164 (Lot 3) will have
adequate access to major constructed or planned improvements as part of the Dublin
Ranch master plan.
E. Project design, architecture, and concept have been integrated with topography of the
project site created by the proposed Vesting Tentative Tract Map 8134 (Lot 3) to
incorporate water quality measures and minimize overgrading and extensive use of
retaining walls. Therefore, the proposed subdivision is physically suitable for the type
and intensity of development proposed.
Page 4of31
F. The Mitigation Measures and the Mitigation Monitoring program adopted with the
program EIR for the Eastern Dublin Specific Plan Area and Addendum would be
applicable as appropriate for addressing or mitigating any potential environmental
impacts identified.
G. The proposed Vesting Tentative Map 8164 (Lot 3) will not result in environmental
damage or substantially injure fish or wildlife or their habitat or cause public health
concerns subject to Mitigation Measures and Conditions of Approval.
H. The design of the subdivision will not conflict with easements, acquired by the public at
large, or access through or use of property within the proposed subdivision. The City
Engineer has reviewed the map and title report and has not found any conflicting
easements of this nature.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves
the Site Development Review for the proposed project of 122 townhouse /condominium units
within the 8.8 -acre site (6.36 net acres) based on findings that the proposed project is
consistent with the General Plan, the Eastern Dublin Specific Plan, the Stage 1 Planned
Development Rezoning, and Stage 2 Development Plan, as they are to be amended as part of
the Project approvals, and as shown on plans prepared by MacKay and Somps, KTGY Group
Architecture + Planning, and R3 Studios Landscape Architecture dated received January 22,
2014 subject to the conditions included below.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves
Vesting Tentative Map 8164 (Lot 3) for 122 townhouse /condominium units within the 8.8 -acre
site (6.36 net acres) prepared by MacKay & Somps dated January 22, 2014 subject to the
conditions included 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 subject to Plannina Department review
and approval. The followina codes represent those departments /agencies responsible for
monitoring compliance of the conditions of approval. rPL.1 Planning, 1`131 Building , rPO1 Police
[PW1 Public Works fP &CSI Parks & Community Services, rADMI Administration /City Attorney,
[FINI Finance, fFl Alameda County Fire Department, rDSRI Dublin San Ramon Services District
[CO1 Alameda County Department of Environmental Health, rZ71 Zone 7.
NO.
CONDITIONS OF APPROVAL
Approval. This Site Development Review
approval is for the construction of 122
townhouses for the project known as The Groves
at Dublin Ranch (Lot 3) within the Fairway Ranch
neighborhood of Dublin Ranch. This approval
shall be as generally depicted and indicated on
the plans prepared by MacKay & Somps, KTGY
Page 5 of 31
Agency
When
Required,
Prior to:
ngoing
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NO.
Agency
When
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CONDITIONS OF APPROVAL
Required,
Prior to:
Architects and R3 Studios dated received January
22, 2014 and on file in the Community
Development Department, and as specified by the
following Conditions of Approval for this project.
2.
Permit Expiration: Construction or use shall
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One year from
Standard
commence within one (1) year of Site
approval
Development Review (SDR) approval, or the SDR
shall lapse and become null and void.
Commencement of construction or use means the
actual construction or use pursuant to the
approval, or demonstrating substantial progress
toward commencing such use. If there is a
dispute as to whether the SDR has expired, the
City may hold a noticed public hearing to
determine the matter. Such a determination may
be processed concurrently with revocation
proceedings in appropriate circumstances. If a
SDR expires, a new application must be made
and processed according to the requirements of
the Dublin Zoning Ordinance.
3.
Satellite Dishes: Prior to the issuance of
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On -going
DMC
Building Permits, the Developer's Architect shall
8.96.020.
prepare a plan for review and approval by the
D
Director of Community Development and the
Chief Building Official that provides a consistent
and unobtrusive location for the placement of
individual satellite dishes. Individual conduit will
be run from the individual residential unit to the
location on the building to limit the amount of
exposed cable required to activate any satellite
dish. It is preferred that where chimneys exist,
that the mounting of the dish be incorporated into
the chimney. In instances where the buildings
have mechanical wells that those buildings
provide locations within the well for individual unit
connections. In instances where neither
chimneys nor mechanical wells exist, then the
plan shall show a common and consistent
location for satellite dish placement to eliminate
the over proliferation, haphazard and irregular
placement.
The Covenants Conditions and Restrictions
(CC&R's) shall contain language stating that the
individual units contain conduit and central
locations for satellite dish connections and failure
to use those conduits and locations if the
Page 6 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
resident has or wants a satellite dish) will
constitute a violation of those CC &R's. The
penalty for that violation shall be specified.
Additionally, prior to the issuance of building
permits, the developer shall prepare a disclosure
statement to be signed by every first time home
purchaser indicating that utilizing this dedicated
conduit and central mounting location is a
requirement if a satellite dish is installed.
4.
Compliance with previous approvals: Any
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On -going
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Conditions of Approval for Tract 7453 that remain
incomplete and that are related to development of
Lot 3 shall be satisfied.
5.
Time Extension. The original approving
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One year
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decision -maker may, upon the Applicant's written
following
request for an extension of approval prior to
approval date
expiration, and upon the determination that any
Conditions of Approval remain adequate to assure
that applicable findings of approval will continue to
be met, grant a time extension of approval for a
period not to exceed six (6) months. All time
extension requests shall be noticed and a public
hearing or public meeting shall be held as
required by the particular Permit.
6.
Effective Date. This approval shall become
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Ongoing
Planning
effective on the effective date of the following
entitlements:
1. Resolution amending the General Plan and
the Eastern Dublin Specific Plan for the
project; and
2. Ordinance approving a Planned
Development Rezone with a related State 1
and Stage 2 Development Plan for the
project.
If the above entitlements do not take effect, the
SDR/Tentative Map approval is null and void.
7.
Revocation of permit. The permit shall be
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Ongoing
Standard
revocable for cause in accordance with Chapter
8.96 of the Dublin Zoning Ordinance. Any
violation of the terms or conditions of this permit
shall be subject to citation.
8.
Required Permits. Applicant/Developer shall
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Issuance of
Standard
comply with the City of Dublin Zoning Ordinance
Building Permits
and obtain all necessary permits required by other
Page 7 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
agencies (Alameda County Flood Control District
Zone 7, California Department of Fish and Game,
Army Corps of Engineers, Regional Water Quality
Control Board, State Water Quality Control Board)
and shall submit copies of the permits to the
Public Works Department.
9.
Requirements and Standard Conditions. The
Various
Issuance of
Standard
Applicant/Developer shall comply with applicable
Building Permits
Alameda County Fire, Dublin Public Works
Department, Dublin Building Department, Dublin
Police Services, Alameda County Flood Control
District Zone 7, Livermore Amador Valley Transit
Authority, Alameda County Public and
Environmental Health, Dublin San Ramon
Services District and the California Department of
Health Services requirements and standard
conditions. Prior to issuance of building permits or
the installation of any improvements related to this
project, the Developer shall supply written
statements from each such agency or department
to the Planning Department, indicating that all
applicable conditions required have been or will
be met.
10.
Modifications: The Community Development
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On -going
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Director may consider modifications or changes to
this Site Development Review approval if the
modifications or changes proposed comply with
Section 8.104.100 of the Zoning Ordinance.
11.
Indemnification: The Applicant/Developer shall
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Ongoing
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defend, indemnify, and hold harmless the City of
Dublin and its agents, officers, and employees
from any claim, action, or proceeding against the
City of Dublin or its agents, officers, or employees
to attack, set aside, void, or annul an approval of
the City of Dublin or its advisory agency, appeal
board, Planning Commission, City Council,
Community Development Director, Zoning
Administrator, or any other department,
committee, or agency of the City to the extent
such actions are brought within the time period
required by Government Code Section 66499.37
or other applicable law; provided, however, that
The Applicant/Developer's duty to so defend,
indemnify, and hold harmless shall be subject to
the City's promptly notifying The
Applicant/Developer of any said claim, action, or
proceeding and the City's full cooperation in the
Page 8 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
defense of such actions or proceedings.
12.
Clean up. The Applicant/Developer shall be
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Ongoing
Standard
responsible for clean -up and disposal of project
related trash and for maintaining a clean, litter -
free site.
13.
Controlling Activities. The Applicant /Developer
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Ongoing
Standard
shall control all activities on the project site so as
not to create a nuisance to the surrounding
residences.
14.
Noise /Nuisances. No loudspeakers or amplified
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Ongoing
Standard
music shall be permitted to project or be placed
outside of the residential buildings during
construction.
15.
Accessory Structures. The use of any
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Ongoing
Standard
accessory structures, such as storage sheds or
F
trailer /container units used for storage or for any
other purpose during construction, shall not be
allowed on the site at any time unless a
Temporary Use Permit is applied for and
approved.
16.
Final building and site development plans shall
PL
Issuance of
Project
be reviewed and approved by the Community
building permit
Specific
Development Department staff prior to the
issuance of a building permit. All such plans shall
insure:
a. That standard residential security
requirements as established by the Dublin
Police Department are provided.
b. That ramps, special parking spaces, signing,
and other appropriate physical features for
the handicapped, are provided throughout the
site for all publicly used facilities.
c. That continuous concrete curbing is provided
for all parking stalls, if necessary.
d. That exterior lighting of the building and site is
not directed onto adjacent properties and the
light source is shielded from direct offsite
viewing.
e. That all mechanical equipment, including air
conditioning condensers, electrical and gas
meters, is architecturally screened from view,
and that electrical transformers are either
underground or architecturally screened.
f. That all vents, gutters, downspouts, flashin s,
Page 9 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
etc., are painted to match the color of
adjacent surface.
g. That all materials and colors are to be as
approved by the Dublin Community
Development Department. Once constructed
or installed, all improvements are to be
maintained in accordance with the approved
plans. Any changes, which affect the exterior
character, shall be resubmitted to the Dublin
Community Development Department for
approval.
h. That all exterior architectural elements visible
from view and not detailed on the plans be
finished in a style and in materials in harmony
with the exterior of the building. All materials
shall wrap to the inside corners and terminate
at a perpendicular wall plane.
i. That all other public agencies that require
review of the project are supplied with copies
of the final building and site plans and that
compliance is obtained with at least their
minimum Code requirements.
17.
Fees. The Applicant/Developer shall pay all
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Zone 7 and
Standard
applicable fees in effect at the time of building
Parkland In -Lieu
permit issuance including, but not limited to,
Fees Due Prior
Planning fees, Building fees, Dublin San Ramon
to Filing Each
Services District fees, Public Facilities fees,
Final Map; Other
Dublin Unified School District School Impact fees,
Fees Required
Public Works Traffic Impact fees, City of Dublin
with Issuance of
Fire Services fees, Noise Mitigation fees,
Building Permits
Inclusionary Housing In -Lieu fees, Alameda
County Flood and Water Conservation District
(Zone 7) Drainage and Water Connection fees,
and any other fees either in effect at the time
and /or as noted in the Development Agreement.
18.
Sound Attenuation. The project shall comply
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Issuance of
Project
with the sound attenuation measures (mitigation
Building Permits
Specific
measures) recommended in the sound study
dated 25- February-2013 by Charles M. Salter
Associates.
19.
Affordable Housing. The project is subject to
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On or before
Project
the City's Inclusionary Zoning Regulations
July 1, 2014
Specific
(Chapter 8.68 of the Municipal Code). Under the
terms of the Regulations, Developer has a 15 unit
affordable housing obligation, which obligation
Page 10 of 31
NO.
CONDITIONS OF APPROVAL
Agency
When
Required,
Prior to:
Source
may be satisfied by several means. Developer
proposed an "alternate method of compliance"
under Section 8.68.040.E to satisfy its 15 unit
affordable housing obligation, which proposal is
subject to City Council approval. In particular,
Developer has proposed to pay fee of $1,300,000
in lieu of construction of the 15 affordable housing
units. The City Council has found that the
Developer's proposal meets the purposes of the
Inclusionary Zoning Regulations. Developer shall
make the payment on or before July 1, 2014. If
Developer fails to make the payment when due,
the City may withhold further approvals and
authorizations for the Project, and may elect to
revoke the approval of the alternate method of
compliance and apply the Regulation's standard
requirements.
20.
Final landscape plans, irrigation system plans,
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Issuance of
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tree preservation techniques, and guarantees,
building permit
shall be reviewed and approved by the Dublin
Planning Division prior to the issuance of the
building permit. All such submittals shall insure:
a. That plant material is utilized which will be
capable of healthy growth within the given
range of soil and climate.
b. That proposed landscape screening is of a
height and density so that it provides a
positive visual impact within three years from
the time of planting.
c. That unless unusual circumstances prevail, at
least 75% of the proposed trees on the site
are a minimum of 15 gallons in size, and at
least 50% of the proposed shrubs on the site
are minimum of 5 gallons in size.
d. That a plan for an automatic irrigation system
be provided which assures that all plants get
adequate water. In unusual circumstances,
and if approved by Staff, a manual or quick
coupler system may be used.
e. That concrete curbing is to be used at the
edges of all planters and paving surfaces
where applicable.
f. That all cut and fill slopes conform to the
master vesting tentative map and conditions
Page 11 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
detailed in the Site Development Review
packet.
g. That all cut and fill slopes graded and not
constructed by September 1, of any given
year, are hydroseeded with perennial or
native grasses and flowers, and that stock
piles of loose soil existing on that date are
hydroseeded in a similar manner.
h. That the area under the drip line of all existing
oaks, walnuts, etc., which are to be saved are
fenced during construction and grading
operations and no activity is permitted under
them that will cause soil compaction or
damage to the tree, if applicable.
i. That a guarantee from the owners or
contractors shall be required guaranteeing all
shrubs and ground cover, all trees, and the
irrigation system for one year.
j. That a permanent maintenance agreement on
all landscaping will be required from the
owner insuring regular irrigation, fertilization
and weed abatement, if applicable.
21.
Water Efficient Landscaping Regulations: The
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Ongoing
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Applicant shall meet all requirements of the City of
Dublin's Water- Efficient Landscaping Regulations,
Section 8.88 of the Dublin Municipal Code. PN
22.
Landscape Plans. Civil Improvement Plans,
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Ongoing
Standard
Joint Trench Plans, Street Lighting Plans and
Landscape Improvement Plans shall be submitted
on the same size sheet and plotted at the same
drawing scale for consistency, improved legibility
and
interdisciplinary coordination.
23.
Utilities. Utilities shall be coordinated with
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Ongoing
Standard
proposed tree placements to eliminate conflicts
between trees and utilities. Utilities may have to
be relocated in order to provide the required
separation between the trees and utilities.
24.
Open Space Areas. The open space area shall
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Ongoing
Standard
be planted and irrigated to create landscape that
is attractive, conserves water, and requires
minimal maintenance.
25.
Plant Clearances. All trees planted shall meet
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Ongoing
Standard
the following clearances:
Page 12 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
a. 6' from the face of building walls or roof
eaves.
b. 7' from fire hydrants, storm drains, sanitary
sewers and /or gas lines.
c. 5' from top of wing of driveways, mailboxes,
water, telephone and /or electrical mains
d. 15' from stop signs, street or curb sign returns.
e. 15' from either side of street lights.
26.
Cut and Fill Areas. Cut and fill slopes graded
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Ongoing
Standard
and not landscaped by September 1, of any given
year shall be hydroseeded with an approved
native erosion control grass seed mix and that
stockpiles of loose soil existing on that date are
h droseeded in the same manner.
27.
Irrigation System Warranty. The applicant shall
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Ongoing
Standard
warranty the irrigation system and planting for a
period of one year from the date of installation.
The applicant shall submit for the Dublin
Community Development Department approval a
landscape maintenance plan for the Common
Area landscape including a reasonable estimate
of expenses for the first five years
28.
Sustainable Landscape Practices: The
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Ongoing
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landscape design shall demonstrate compliance
with sustainable landscape practices as detailed
in the Bay- Friendly Landscape Guidelines by
earning a minimum of 60 points or more on the
Bay - Friendly scorecard and specifying that 75%
of the non -turf planting only requires occasional,
little or no shearing or summer water once
established.
29.
Public Art Project: The project is required to
P &CS
Issuance of
Project
comply with Sections 8.58.05A and 8.58.05D of
building permits
Specific
Chapter 8.58 (Public Art Program) of the Dublin
Zoning
Municipal Code then the Applicant/Developer has
Ord Chp
elected to pay an in -lieu fee in accordance with
8.58
Chapter 8.58 of the Dublin Municipal Code and
shall comply with the Public Art Compliance
Report submitted by Applicant/Developer, dated
December 19, 2013 and on file with the Planning
De artment.
30.
General Public Works Conditions of Approval:
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Developer shall comply with the City of Dublin
C of A
General Public Works Conditions of Approval
unless specifically modified by these Conditions of
Approval.
Page 13 of 31
NO.
Agency
When
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CONDITIONS OF APPROVAL
Required,
Prior to:
31.
Street Lighting Maintenance Assessment
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District: The Developer shall request the area to
C of A
be annexed into a subzone of the Citywide Street
Lighting Maintenance Assessment District and
shall provide any exhibits required for the
annexation. In addition Developer shall pay all
administrative costs associated with processing
the annexation.
32.
Long Term Encroachment Agreement: The
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Final Map
Project
Developer shall enter into an "Agreement for Long
Specific
Term Encroachments" with the City to allow the
HOA to maintain the landscape and decorative
features within public Right of Way including
frontage & median landscaping, decorative
pavements and special features (i.e., walls,
portals, benches, etc.) as generally shown on Site
Development Review exhibits. The Agreement
shall identify the ownership of the special features
and maintenance responsibilities. The property
owner will be responsible for maintaining the
surface of all decorative pavements including
restoration required as the result of utility repairs.
33.
Storm Drain Treatment Measures: The
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developer shall install storm drain treatment
Specific
measures that comply with Section C.10 of the
Municipal Regional Permit for Stormwater with
regards to trash capture. The location and type of
measures shall be approved by the City Engineer.
Measures located on -site shall be maintained by
the HOA; measures located within the public right -
of -way and that accept public street runoff will be
maintained by the City.
34.
Traffic Impact Fees: The developer shall be
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Issuance of
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responsible for payment of the Eastern Dublin
Building Permits
C of A
Traffic Impact Fee (Sections 1 and 2), the Eastern
Dublin 1 -580 Interchange Fee, and the Tri- Valley
Transportation Development Fee. Fees will be
payable at issuance of building permits.
35.
Eastern Dublin Traffic Impact Fee Minimum
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Issuance of
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Payment: The developer shall be responsible for
Building Permits
C of A
payment of a minimum portion of the Eastern
Dublin Traffic Impact Fee in cash (11% Category
1 and 25% of Category 2), as specified in the
resolution establishing the Eastern Dublin Traffic
Impact Fee. These minimum cash payment shall
be in addition to any other payment noted in these
Page 14 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
conditions and may not be offset by fee credits.
PUBLIC
VMWS GENERAL CONDITIONS OF APPROVAL
36.
The Developer shall comply with the Subdivision
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Ongoing
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Map Act, the City of Dublin Subdivision, and
C of A
Grading Ordinances, the City of Dublin Public
Works Standards and Policies, the most current
requirements of the State Code Title 24 and the
Americans with Disabilities Act with regard to
accessibility, and all building and fire codes and
ordinances in effect at the time of building permit.
All public improvements constructed by Developer
and to be dedicated to the City are hereby
identified as "public works" under Labor Code
section 1771. Accordingly, Developer, in
constructing such improvements, shall comply
with the Prevailing Wage Law (Labor Code.
Sects. 1720 and following).
37.
The Developer shall defend, indemnify, and hold
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Ongoing
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harmless the City of Dublin and its agents,
C of A
officers, and employees from any claim, action, or
proceeding against the City of Dublin or its
agents, officers, or employees to attack, set aside,
void, or annul an approval of the City of Dublin or
its advisory agency, appeal board, Planning
Commission, City Council, Community
Development Director, Zoning Administrator, or
any other department, committee, or agency of
the City related to this project to the extent such
actions are brought within the time period required
by Government Code Section 66499.37 or other
applicable law; provided, however, that The
Developer's duty to so defend, indemnify, and
hold harmless shall be subject to the City's
promptly notifying The Developer of any said
claim, action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
38.
In the event that there needs to be clarification to
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these Conditions of Approval, the Director of
C of A
Community Development and the City Engineer
have the authority to clarify the intent of these
Conditions of Approval to the Developer without
going to a public hearing. The Director of
Community Development and the City Engineer
also have the authority to make minor
modifications to these conditions without going to
a public hearing in order for the Developer to fulfill
Page 15 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
needed improvements or mitigations resulting
from impacts of this project.
AG R
1 ►ITS AND BONDS
39.
The Developer shall enter into a Tract
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Improvement Agreement with the City for all
C of A
public improvements including any required offsite
storm drainage or roadway improvements that are
needed to serve the Tract that have not been
bonded with another Tract Improvement
Agreement.
40.
The Developer shall provide performance (100 %),
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and labor & material (100 %) securities to
C of A
guarantee the tract improvements, approved by
the City Engineer, prior to execution of the Tract
Improvement Agreement and approval of the
Final Map. (Note: Upon acceptance of the
improvements, the performance security may be
replaced with a maintenance bond that is 25% of
the value of the performance security.)
FEES
41.
The Developer shall pay all applicable fees in
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Zone 7 and
Standard
effect at the time of building permit issuance
Parkland In -Lieu
C of A
including, but not limited to, Planning fees,
Fees Due Prior
Building fees, Dublin San Ramon Services District
to Filing Final
fees, Public Facilities fees, Dublin Unified School
Map; Other
District School Impact fees, Public Works Traffic
Fees Required
Impact fees, Alameda County Fire Services fees;
with Issuance of
Noise Mitigation fees, Inclusionary Housing In-
Building Permits
Lieu fees; Alameda County Flood and Water
Conservation District (Zone 7) Drainage and
Water Connection fees; and any other fees either
in effect at the time and /or as noted in the
Development Agreement.
42.
The Developer shall dedicate parkland or pay in-
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lieu fees in the amounts and at the times set forth
C of A
in City of Dublin Resolution No. 214 -02, or in any
resolution revising these amounts and as
implemented by the Administrative Guidelines
adopted by Resolution 195 -99.
PERMITS
43.
Developer shall obtain an Encroachment Permit
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Start of Work
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from the Public Works Department for all
C of A
construction activity within the public right -of -way
of any street where the City has accepted the
improvements. The encroachment permit may
require surety for slurry seal and restri in . At the
Page 16 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
discretion of the City Engineer an encroachment
for work specifically included in an Improvement
Agreement may not be required.
44.
Developer shall obtain a Grading / Sitework
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Standard
Permit from the Public Works Department for all
C of A
grading and private site improvements that serves
more than one lot or residential condominium unit.
45.
Developer shall obtain all permits required by
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Start of Work
Standard
other agencies including, but not limited to
C of A
Alameda County Flood Control and Water
Conservation District Zone 7, California
Department of Fish and Game, Army Corps of
Engineers, Regional Water Quality Control Board,
Caltrans and provide copies of the permits to the
Public Works Department.
SUBMITTALS
46.
All submittals of plans and Final Maps shall
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Approval of
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comply with the requirements of the "City of
improvement
C of A
Dublin Public Works Department Improvement
plans or Final
Plan Submittal Requirements ", and the "City of
Map
Dublin Improvement Plan Review Check List ".
47.
The Developer will be responsible for submittals
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Approval of
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and reviews to obtain the approvals of all
improvement
C of A
participating non -City agencies. The Alameda
plans or Final
County Fire Department and the Dublin San
Map
Ramon Services District shall approve and sign
the Improvement Plans.
48.
Developer shall submit a Geotechnical Report,
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which includes street pavement sections and
improvement
C of A
grading recommendations.
plans, grading
plans, or final
ma
49.
Developer shall provide the Public Works
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Acceptance of
Standard
Department a digital vectorized file of the "master"
improvements
C of A
files for the project when the Final Map has been
and release of
approved. Digital raster copies are not
bonds
acceptable. The digital vectorized files shall be in
AutoCAD 14 or higher drawing format. Drawing
units shall be decimal with the precision of the
Final Map. All objects and entities in layers shall
be colored by layer and named in English. All
submitted drawings shall use the Global
Coordinate System of USA, California, NAD 83
California State Plane, Zone III, and U.S. foot.
EASEMENTS
Page 17 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
50.
The Developer shall obtain abandonment from all
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Approval of
Standard
applicable public agencies of existing easements
improvement
C of A
and right of ways within the development that will
plans or final
no longer be used.
ma
51.
The Developer shall acquire easements, and /or
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Approval of
Standard
obtain rights -of -entry from the adjacent property
improvement
C of A
owners for any improvements on their property.
plans or final
The easements and /or rights -of -entry shall be in
map
writing and copies furnished to the City Engineer.
GRADING
52.
The Grading Plan shall be in conformance with
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Approval of
Standard
the recommendations of the Geotechnical Report,
grading plans or
C of A
the approved Tentative Map and /or Site
issuance of
Development Review, and the City design
grading permits,
standards & ordinances. In case of conflict
and ongoing
between the soil engineer's recommendations
and City ordinances, the City Engineer shall
determine which shall apply.
53.
A detailed Erosion Control Plan shall be included
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Approval of
Standard
with the Grading Plan approval. The plan shall
grading plans or
C of A
include detailed design, location, and
issuance of
maintenance criteria of all erosion and
grading permits,
gand ongoing
sedimentation control measures.
54.
Tiebacks or structural fabric for retaining walls
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Approval of
Standard
shall not cross property lines, or shall be located a
grading plans or
C of A
minimum of 2' below the finished grade of the
issuance of
grading permits,
upper lot.
and ongoing
55.
Bank slopes along public streets shall be no
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Approval of
Standard
steeper than 3:1 unless shown otherwise on the
grading plans or
C of A
Tentative Map Grading Plan exhibits. The toe of
issuance of
any slope along public streets shall be one foot
grading permits,
and ongoing
back of walkway. The top of any slope along
public streets shall be three feet back of walkway.
Minor exception may be made in the above slope
design criteria to meet unforeseen design
constraints subject to the approval of the City
Engineer.
IMPROVEMENTS
56.
The public improvements shall be constructed
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Standard
generally as shown on the Tentative Map and /or
improvement
C of A
Site Development Review. However, the approval
plans or start of
of the Tentative Map and /or Site Development
construction,
Review is not an approval of the specific design of
and ongoing
the drainage, sanitary sewer, water, and street
improvements.
Page 18 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
57.
All public improvements shall conform to the City
PW
Approval of
Standard
of Dublin Standard Plans and design
improvement
C of A
requirements and as approved by the City
plans or start of
Engineer.
construction,
and ongoing
58.
Streets shall be at a minimum 1% slope with
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Approval of
Standard
minimum gutter flow of 0.7% around bumpouts.
improvement
C of A
plans or start of
construction,
and ongoing
59.
Curb Returns on arterial and collector streets shall
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Approval of
Standard
be 40 -foot radius, all internal public streets curb
improvement
C of A
returns shall be 30 -foot radius (36 -foot with bump
plans or start of
outs) and private streets /alleys shall be a
construction,
and ongoing
minimum 20 -foot radius, or as approved by the
City Engineer. Curb ramp locations and design
shall conform to the most current Title 24 and
Americans with Disabilities Act requirements and
as approved by the City Traffic Engineer.
60.
The Developer shall install all traffic signs and
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Occupancy of
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pavement marking as required by the City
units or
C of A
Engineer.
acceptance of
improvements
61.
Street light standards and luminaries shall be
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Occupancy of
Standard
designed and installed per approval of the City
Units or
C of A
Engineer. The maximum voltage drop for
Acceptance of
streetlights is 5 %.
Improvements
62.
All new traffic signals shall be interconnected with
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Occupancy of
Standard
other new signals within the development and to
Units or
C of A
the existing City traffic signal system by hard wire.
Acceptance of
Improvements
63.
The Developer shall construct bus stops and
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Occupancy of
Standard
shelters at the locations designated and approved
Units or
C of A
by the LAVTA and the City Engineer. The
Acceptance of
Developer shall pay the cost of procuring and
Improvements
installing these improvements, if applicable.
64.
Developer shall construct all potable and recycled
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Occupancy of
Standard
water and sanitary sewer facilities required to
Units or
C of A
serve the project in accordance with DSRSD
Acceptance of
master plans, standards, specifications and
Improvements
requirements.
65.
Fire hydrant locations shall be approved by the
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Occupancy of
Standard
Alameda County Fire Department. A raised
Units or
C of A
reflector blue traffic marker shall be installed in
Acceptance of
the street oppo site each hydrant.
Improve ents
66.
The Developer shall furnish and install street
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Occupancy of
Standard
name signs for the project to the satisfaction of
Units or
C of A
Page 19 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
the City Engineer.
Acceptance of
Improvements
67.
Developer shall construct gas, electric, cable TV
PW
Occupancy of
Standard
and communication improvements within the
Units or
C of A
fronting streets and as necessary to serve the
Acceptance of
project and the future adjacent parcels as
Improvements
approved by the City Engineer and the various
Public Utility agencies.
68.
All electrical, gas, telephone, and Cable TV
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Occupancy of
Standard
utilities, shall be underground in accordance with
Units or
C of A
the City policies and ordinances. All utilities shall
Acceptance of
be located and provided within public utility
Improvements
easements and sized to meet utility company
standards.
69.
All utility vaults, boxes and structures, unless
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Occupancy of
Standard
specifically approved otherwise by the City
units or
C of A
Engineer, shall be underground and placed in
acceptance of
landscape areas and screened from public view.
improvements
Prior to Joint Trench Plan approval, landscape
drawings shall be submitted to the City showing
the location of all utility vaults, boxes and
structures and adjacent landscape features and
plantings. The Joint Trench Plans shall be signed
by the City Engineer prior to construction of the
joint trench improvements.
CONSTRUCTION
70.
The Erosion Control Plan shall be implemented
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Ongoing as
Standard
between October 15th and April 15th unless
needed
C of A
otherwise allowed in writing by the City Engineer.
The Developer will be responsible for maintaining
erosion and sediment control measures for one
year following the City's acceptance of the
subdivision improvements.
71.
If archaeological materials are encountered during
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Ongoing as
1993
construction, construction within 30 feet of these
needed
EDEIR
materials shall be halted until a professional
MM
Archaeologist who is certified by the Society of
California Archaeology (SCA) or the Society of
Professional Archaeology (SOPA) has had an
opportunity to evaluate the significance of the find
and suggest appropriate miti ation measures.
72.
Construction activities, including the maintenance
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Ongoing as
Standard
and warming of equipment, shall be limited to
needed
C of A
Monday through Friday, and non -City holidays,
between the hours of 7:30 a.m. and 5:30 p.m.
except as otherwise approved by the City
Page 20 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
Engineer. Extended hours or Saturday work will
be considered by the City Engineer on a case -by-
case basis.
73.
Developer shall prepare a construction noise
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management plan that identifies measures to be
construction
C of A
taken to minimize construction noise on
implementation
surrounding developed properties. The plan shall
ongoing as
include hours of construction operation, use of
needed
mufflers on construction equipment, speed limit
for construction traffic, haul routes and identify a
noise monitor. Specific noise management
measures shall be provided prior to project
construction.
74.
Developer shall prepare a plan for construction
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traffic interface with public traffic on any existing
construction;
C of A
public street. Construction traffic and parking may
implementation
be subject to specific requirements by the City
ongoing as
Engineer.
needed
75.
The Developer shall be responsible for controlling
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Ongoing
Standard
any rodent, mosquito, or other pest problem due
C of A
to construction activities.
76.
The Developer shall be responsible for watering
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Start of
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or other dust - palliative measures to control dust
construction;
C of A
as conditions warrant or as directed by the City
implementation
Engineer.
Ongoing as
needed
77.
The Developer shall provide the Public Works
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Issuance of
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Department with a letter from a registered civil
Building Permits
C of A
engineer or surveyor stating that the building pads
or Acceptance
have been graded to within 0.1 feet of the grades
of
shown on the approved Grading Plans, and that
Improvements
the top & toe of banks and retaining walls are at
the locations shown on the approved Grading
Plans.
NPDES
78.
Prior to any clearing or grading, the Developer
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shall provide the City evidence that a Notice of
Construction
C of A
Intent (NOI) has been sent to the California State
Activities
Water Resources Control Board per the
requirements of the NPDES. A copy of the Storm
Water Pollution Prevention Plan (SWPPP) shall
be provided to the Public Works Department and
be kept at the construction site.
79.
The Storm Water Pollution Prevention Plan
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SWPPP to be
Standard
(SWPPP) shall identify the Best Management
Prepared Prior
C of A
Practices (BMPs) appropriate to the project
to Approval of
Page 21 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
construction activities. The SWPPP shall include
Improvement
the erosion control measures in accordance with
Plans:
the regulations outlined in the most current
Implementation
version of the ABAG Erosion and Sediment
Prior to Start of
Control Handbook or State Construction Best
Construction
Management Practices Handbook. The Developer
and Ongoing as
is responsible for ensuring that all contractors
Needed
implement all storm water pollution prevention
measures in the SWPPP.
80.
The Property Owner shall enter into an agreement
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with the City of Dublin that guarantees the
C of A
perpetual maintenance obligation for all storm
water treatment measures installed as part of the
project. Said agreement is required pursuant to
Provision C.3.h. of RWQCB Order R2- 2009 -0074
for the issuance of the Alameda Countywide
NPDES municipal storm water permit. Said
permit requires the City to provide verification and
assurance that all treatment devices will be
properly operated and maintained. This condition
shall not apply if the water quality treatment
measures are maintained by a GHAD or other
ublic entity.
Keegan Signing and Striping: In conjunction
with on -site improvement plans, developer shall
review the intersection improvements at Dublin
81.
Blvd. and Keegan Street with City traffic Engineer
relative to existing signing and stripping details
and provide potential revisions necessary to
satisfaction of City Engineer.
Dublin Blvd. Temporary Sidewalk: Prior to the
occupancy of the first unit within Lot 3, if the
developer of Sub Area 3 has not begun grading
82
and construction of the southerly portion of Sub
Area 3, the developer of Lot 3 shall build a
temporary sidewalk 4 feet wide connecting the
intersection of Lockhart Street with the entrance
to Fallon Gateway.
Frontage Improvements: Any public
83
improvements along the project frontage not
currently constructed shall be constructed with
development of this site.
84.
Building Codes and Ordinances: All project
B
Through
Standard
construction shall conform to all building codes
Completion
and ordinances in effect at the time of building
permit.
85.
Retaining Walls: All retaining walls over 30
B
Through
Standard
Page 22 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
inches in height and in a walkway area shall be
completion
provided with guardrails. All retaining walls
located on private property, over 24 inches, with a
surcharge, or 36 inches without a surcharge, shall
obtain permits and inspections from the Building
Division.
86.
Phased Occupancy Plan: If occupancy is
B
Occupancy of
Standard
requested to occur in phases, then all physical
any affected
improvements within each phase shall be required
building
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 Community Development
Department. The Phased Occupancy Plan shall
be submitted to the Directors of Community
Development and Public Works for review and
approval a minimum of 45 days prior to the
request for occupancy of any building covered by
said Phased Occupancy Plan. Any phasing shall
provide for adequate vehicular access to all
parcels in each phase, and shall substantially
conform to the intent and purpose of the
subdivision approval. No individual building shall
be occupied until the adjoining area is finished,
safe, accessible, and provided with all reasonable
expected services and amenities, and separated
from remaining additional construction activity.
Subject to approval of the Community
Development Director, the completion of
landscaping may be deferred due to inclement
weather with the posting of a bond for the value of
the deferred landscaping and associated
improvements.
87.
Building Permits: To apply for building permits,
B
Issuance of
Standard
Applicant/Developer shall submit five (5) sets of
building permit
construction plans to the Building Division for plan
check. Each set of plans shall have attached an
annotated copy of these Conditions of Approval.
The notations shall clearly indicate how all
Conditions of Approval will or have been complied
with. Construction plans will not be accepted
without the annotated resolutions attached to
each set of plans. Applicant/Developer will be
responsible for obtaining the approvals of all
participation non -City agencies prior to the
issuance of building permits.
Page 23 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
88.
Construction Drawings: Construction plans
B
Issuance of
Standard
shall be fully dimensioned (including building
building permit
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 plan, landscape
plan and details shall be consistent with each
other.
89.
Air Conditioning Units: Air conditioning units
B
Occupancy of
Standard
and ventilation ducts shall be screened from
unit
public view with materials compatible to the main
building and shall not be roof mounted. Units
shall be permanently installed on concrete pads
or other non - movable materials approved by the
Building Official and Community Development
Director. Air conditioning units shall be located
such that each dwelling unit has one side yard
with an unobstructed width of not less than 36
inches. Air conditioning units shall be located in
accordance with the PD text.
90.
Temporary Fencing: Temporary Construction
B
Through
Standard
fencing shall be installed along the perimeter of all
completion
work under construction.
91.
Addressing:
B
Issuance of
Standard
a. Provide a site plan with the City of Dublin's
building permit
address grid overlaid on the plans (1 to 30
and through
scale). Highlight all exterior door openings on
completion
plans (front, rear, garage, etc.). (Prior to
release of addresses)
b. Provide plan for display of addresses. The
Building Official and Director of Community
Development shall approve plan prior to
issuance of the first building permit. (Prior to
permitting)
c. Address signage shall be provided as per the
Dublin Residential Security Code. (Occupancy
of any Unit).
d. Exterior address numbers shall be backlight
and be posted in such a way that they can be
seen from the street.
92.
Engineer Observation: The Engineer of record
B
Scheduling the
Standard
shall be retained to provide observation services
final frame
Page 24 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
for all components of the lateral and vertical
inspection
design of the building, including nailing, hold
downs, straps, shear, roof diaphragm and
structural frame of building. A written report shall
be submitted to the City Inspector prior to
scheduling the final frame inspection.
93.
Foundation: Geotechnical Engineer for the soils
B
Through
Standard
report shall review and approve the foundation
completion
design. A letter shall be submitted to the Building
Division on the approval.
94.
Green Building: Green Building measures as
B
Through
Standard
detailed may be adjusted prior to master plan
completion
check application submittal with prior approval
from the City's Green Building Official. Provided
that the design of the project complies with the
City of Dublin's Green Building Ordinance and
State Law as applicable. In addition, all changes
shall be reflected in the Master Plans. (Through
Completion)
The Green Building checklist shall be included in
the master plans. The checklist shall detail what
Green Points are being obtained and where the
information is found within the master plans.
(Prior to first permit)
Prior to each unit final, the project shall submit a
completed checklist with appropriate verification
that all Green Points required by 7.94 of the
Dublin Municipal Code have been incorporated.
(Through Completion)
Homeowner Manual — if Applicant/Developer
takes advantage of this point the Manual shall be
submitted to the Green Building Official for review
or a third party reviewer with the results submitted
to the City. (Through Completion)
Applicant/Developer may choose self - certification
or certification by a third party as permitted by the
Dublin Municipal Code. Applicant/Developer shall
inform the Green Building Official of method of
certification prior to release of the first permit in
each subdivision / neighborhood.
95.
Electronic File: The Applicant/Developer shall
B
Issuance of
Standard
submit all building drawings and specifications for
building permit
this proj ect in an electronic format to the
Page 25 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
satisfaction of the Building Official prior to the
issuance of building permits. Additionally, all
revisions made to the building plans during the
project shall be incorporated into an "As Built"
electronic file and submitted prior to the issuance
of the final occupancy.
96.
Construction trailer: Due to size and nature of
B
Issuance of
Standard
the development, the Applicant/Developer, shall
Building Permits
provide a construction trailer with all hook ups for
use by City Inspection personnel during the time
of construction as determined necessary by the
Building Official. In the event that the City has
their own construction trailer, the
applicant/developer shall provide a site with
appropriate hook ups in close proximity to the
project site to accommodate this trailer. The
Applicant/Developer shall cause the trailer to be
moved from its current location at the time
necessary as determined by the Building Official
at the Applicant/Developer's ex ense.
97.
Copies of Approved Plans: Applicant/Developer
B
30 days after
Standard
shall provide City with 4 reduced (1/2 size) copies
permit and each
of the approved plan.
revision
issuance
98.
Cool Roofs. Flat roof areas shall have their
B
Through
Standard
roofing material coated with light colored gravel or
completion
painted with light colored or reflective material
designed for Cool Roofs
99.
Multi- Housing Crime Free Program. The
B
Ongoing
Standard
property management company shall participate
in the City of Dublin Police Department's Multi-
1
Housin Crime Free program.
100.
Security During Construction.
PO, B,
During
Standard
a. Fencing — The perimeter of the construction
PW
construction
site shall be fenced and locked at all times
when workers are not present. All construction
activities shall be confined to within the fenced
area. Construction materials and /or equipment
shall not be operated or stored outside of the
fenced area or within the public right -of -way
unless approved in advance by the Public
Works Director.
b. Address Sign - A temporary address sign of
sufficient size and color contrast to be seen
during night time hours with existing street
rage zo of .il
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
lighting is to be posted on the perimeter street
adjacent to construction activities.
c. Emergency Contact — Prior to any phase of
construction, Applicant/Developer will file with
the Dublin Police Department an Emergency
Contact Business Card that will provide 24-
hour phone contact numbers of persons
responsible for the construction site.
d. Materials & Tools — Good security practices
shall be followed with respect to storage of
building materials and tools at the construction
site.
e. Security lighting and patrols shall be employed
as necessary.
101.
Graffiti. The Applicant/Developer shall keep the
PO, PL
Ongoing
Standard
site clear of graffiti on a regular and continuous
basis and at all times. Graffiti resistant materials
should be used.
102.
Prior to issuance of any building permit, complete
DSRSD
Ongoing
Standard
improvement plans shall be submitted to DSRSD
that conform to the requirements of the Dublin
San Ramon Services District Code, the DSRSD
"Standard Procedures, Specifications and
Drawings for Design and Installation of Water and
Wastewater Facilities ", all applicable DSRSD
Master Plans and all DSRSD policies.
103.
All mains shall be sized to provide sufficient
DSRSD
Ongoing
Standard
capacity to accommodate future flow demands in
addition to each development project's demand.
Layout and sizing of mains shall be in
conformance with DSRSD utility master planning.
104.
Sewers shall be designed to operate by gravity
DSRSD
Ongoing
Standard
flow to DSRSD's existing sanitary sewer system.
Pumping of sewage is discouraged and may only
be allowed under extreme circumstances
following a case by case review with DSRSD staff.
Any pumping station will require specific review
and approval by DSRSD of preliminary design
reports, design criteria, and final plans and
specifications. The DSRSD reserves the right to
require payment of present worth 20 year
maintenance costs as well as other conditions
within a separate agreement with the applicant for
any project that requires a pumping station.
Page 27 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
105.
Domestic and fire protection waterline systems for
DSRSD
Ongoing
Standard
Tracts or Commercial Developments shall be
designed to be looped or interconnected to avoid
dead end sections in accordance with
requirements of the DSRSD Standard
Specifications and sound engineering ractice.
106.
DSRSD policy requires public water and sewer
DSRSD
Ongoing
Standard
lines to be located in public streets rather than in
off - street locations to the fullest extent possible. If
unavoidable, then public sewer or water
easements must be established over the
alignment of each public sewer or water line in an
off - street or private street location to provide
access for future maintenance and /or
replacement.
107.
Prior to approval by the City of a grading permit or
DSRSD
Ongoing
Standard
a site development permit, the locations and
widths of all proposed easement dedications for
water and sewer lines shall be submitted to and
approved by DSRSD.
108.
All easement dedications for DSRSD facilities
DSRSD
Ongoing
Standard
shall be by separate instrument irrevocably
offered to DSRSD or by offer of dedication on the
Final Map.
109.
Prior to approval by the City for Recordation, the
DSRSD
Ongoing
Standard
Final Map shall be submitted to and approved by
DSRSD for easement locations, widths, and
restrictions.
110.
Prior to issuance by the City of any Building
DSRSD
Ongoing
Standard
Permit or Construction Permit by the Dublin San
Ramon Services District, whichever comes first,
all utility connection fees including DSRSD and
Zone 7, plan checking fees, inspection fees,
connection fees, and fees associated with a
wastewater discharge permit shall be paid to
DSRSD in accordance with the rates and
schedules established in the DSRSD Code.
111.
Prior to issuance by the City of any Building
DSRSD
Ongoing
Standard
Permit or Construction Permit by the Dublin San
Ramon Services District, whichever comes first,
all improvement plans for DSRSD facilities shall
be signed by the District Engineer. Each drawing
of improvement plans shall contain a signature
block for the District Engineer indicating approval
of the sanitary sewer or water facilities shown.
Prior to approval by the District Engineer, the
applicant shall pay all required DSRSD fees, and
Page 28 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
provide an engineer's estimate of construction
costs for the sewer and water systems, a
performance bond, a one -year maintenance
bond, and a comprehensive general liability
insurance policy in the amounts and forms that
are acceptable to DSRSD. The applicant shall
allow at least 15 working days for final
improvement drawing review by DSRSD before
signature by the District Engineer.
112.
No sewer line or waterline construction shall be
DSRSD
Ongoing
Standard
permitted unless the proper utility construction
permit has been issued by DSRSD. A
construction permit will only be issued after all of
the items in Condition No. 9 have been satisfied
113.
The applicant shall hold DSRSD, its Board of
DSRSD
Ongoing
Standard
Directors, commissions, employees, and agents
of DSRSD harmless and indemnify and defend
the same from any litigation, claims, or fines
resulting from the construction and completion of
the project
114.
Improvement plans shall include recycled water
DSRSD
Ongoing
Standard
improvements as required by DSRSD. Services
for landscape irrigation shall connect to recycled
water mains. Applicant must obtain a copy of the
DSRSD Recycled Water Use Guidelines and
conform to the requirements therein.
115.
Above ground backflow prevention
DSRSD
Ongoing
Standard
devices /double detector check valves shall be
installed on fire protection systems connected to
the DSRSD water main. The applicant shall
collaborate with the Fire Department and with
DSRSD to size and configure its fire system. The
applicant shall minimize the number of backflow
prevention devices /double detector check valves
installed on its fire protection system. The
applicant shall minimize the visual impact of the
backflow prevention devices /double detector
check valves through strategic placement and
" landscaping.
116.
Fire apparatus roadways shall have a minimum
F
Improvement
Project
unobstructed width of 20 feet and an
plans
Specific
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
Page 29 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
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 ".
a) Fire apparatus roadways must extend to
within 150 ft. of the most remote first floor
exterior wall of any building.
b) The maximum grade for a fire apparatus
roadway is 12 %.
c) Fire apparatus roadways in excess of 150
feet in length must make provisions for
approved apparatus turnarounds.
117.
New Fire Sprinkler System & Monitoring
F
Improvement
Project
Requirements. In accordance with The Dublin
plans
Specific
Fire Code, fire sprinklers shall be installed in the
building. The system shall be in accordance with
the current NFPA 13, CA Fire Code and CA
Building Code. Plans and specifications showing
detailed mechanical design, cut sheets, listing
sheets and hydraulic calculations shall be
submitted to the Fire Department for approval and
permit prior to installation. This may be a deferred
submittal.
118.
Fire Alarm (detection) System Required. A Fire
F
Improvement
Project
Alarm- Detection System shall be installed
plans
Specific
throughout the building so as to provide full
property protection, including combustible
concealed spaces, as required by 2010 NFPA 72.
The system shall be installed in accordance with
2010 NPFA 72, 2010 CA Fire, Building, Electrical,
and Mechanical Codes.
If the system is intended to serve as an
evacuation system, compliance with the
horn /strobe requirements for the entire building
must also be met. All automatic fire extinguishing
systems shall be interconnected to the fire alarm
system so as to activate an alarm if activated and
to monitor control valves.
119.
Gate Approvals.
F
Improvement
Project
Fencing and gates that cross pedestrian access
plans
Specific
and exit paths as well as vehicle entrance and exit
roads need to be approved for fire department
access and egress as well as exiting provisions
Page 30 of 31
NO.
Agency
When
Source
CONDITIONS OF APPROVAL
Required,
Prior to:
where such is applicable. Plans need to be
submitted that clearly show the fencing and gates
and details of such. This should be clearly
incorporated as part of the site plan with details
provided as necessary.
• Automatic Gates. All electrically controlled
gates shall be provided with an emergency
gate over -ride key switch for fire
department access.
• Provide Public Safety radio repeater in
parking garage.
120.
Hydrants & Fire Flows. Show the location of any
F
Improvement
Project
on -site fire hydrants and any fire hydrants that are
plans
Specific
along the property frontage as well as the closest
hydrants to each side of the property that are
located along the access roads that serves this
property. Provide a letter from the water company
indicating what the available fire flow is to this
property.
121.
The Applicant shall work with Staff to enhance the
P
Project
side elevations that face Dublin Blvd., including
Specific
Dublin Blvd. and Keegan Street, and Dublin Blvd.
and Lockhart Street exposures.
PASSED, APPROVED AND ADOPTED this 18th day of February, 2014, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATT T:
City Clerk
Reso No. 18 -14, Adopted 2- 18 -14, Item 6.2 Page 31 of 31
J -
Mayor