HomeMy WebLinkAboutItem 5.1 Appeal PA 82-033 Barratt San Jose •
04 0
AGENDA STATEMENT ,
CITY COUNCIL MEETING DATE: July 23, 1984
SUBJECT: . Appeal of Planning Commission Approval
. of PA 82-033 Barratt San Jose Tentative
Map (Continued from City Council
Meeting, May 23 , 1983 )
EXHIBITS ATTACHED: Staff Report with Attachments
• Location Map
Exhibit A - Tentative Map Tract 5131
Exhibit B - Arbor Creek Development
Plan
Exhibit C - Resolution 26-84 Adopting
Negative Declaration
Exhibit D - Resolution for Arbor Creek
Negative Declaration
Exhibit E - Ordinance 8-84 Planned
Development Rezoning for
. Arbor Creek
Exhibit F - Resolution 27-84 Rezoning
Conditions of Approval
Exhibit G - Resolution Approving
Tentative Map
Exhibit H - Letter from Barratt San
Jose regarding Sale of City
Property
RECOMMENDATION: `, 1) Open public hearing and hear staff
t�. presentation
) 2 ) Take testimony from applicant and
public
3 ) Question staff, applicant and
public
4 ) Close public hearing and deliberate
5 ) Adopt Resolution approving
Tentative Map (Exhibit G)
FINANCIAL STATEMENT: None
DESCRIPTION: On April 18, 1983 , the Planning
Commission approved the Barratt San Jose Tentative Map in
conjunction with recommending approval for the Barratt San
Jose Planned Development Rezoning.
The Silvertree Homeowner ' s Association appealed the Planning
Commission approval of the Tentative Map.
. On May 23 , 1983 , the. City Council heard the Planned
Development Rezoning and Tentative Map applications . The
City Council continued the matters so that the San Ramon
Road Specific Plan could be prepared.
After adoption of the San Ramon Road Specific Plan, the
applicant revised his proposal . On February 6, 1984 , the
Planning Commission reviewed and recommended approval of the
Planned Development Rezoning. On April 23, 1984, the City
Council approved the Rezoning.
At this time, the applicant is requesting approval of the
Tentative Map which is consistent with the approved Planned
Development .
ITEM NO. C. / COPIES TO: Applicant
Appellant
ti-
t_
At the applicant' s request, the City Council has allowed the
application to include about 0 .7 acres of City property.
The applicant has submitted a formal offer for the property
(see Exhibit H - Letter from Barratt) . The sale of the City
property should be completed before the Final Map is
submitted. The sale of City property, however, should be
handled as a separate action apart from the Tentative Map.
Staff recommends that the City Council adopt the Resolution
approving the Tentative Map.
CITY OF DUBLIN
STAFF REPORT
Meeting Date : July 23 , 1984
TO: City Council
FROM: Planning Director
SUBJECT: PA 82-033 Tentative Map Barratt San Jose, 84
residential condominium and townhouse units,
southwest corner of Silvergate Drive and San Ramon
Road (Continued from City Council Meeting of May
23 , 1983 )
GENERAL INFORMATION
PROJECT: Barratt San Jose has applied for a Tentative Map
to permit the construction of an 84-unit
residential project . The property is currently
zoned as Planned Development (PD)
APPLICANT: Barratt San Jose
3150 Almaden Expressway Ste 245
San Jose CA 95118
APPELLANT: Silvertree Homeowner ' s Association
c/o Peter L. Baldo, Vice' President
7508 Silvertree Lane
Dublin, CA 94568
REPRESENTATIVE: Nathan Meeks
LOCATION: Southwest corner of Silvergate Drive and San Ramon
Road
ASSESSOR PARCEL NUMBER: 941-101-4-7 and 941-101-4-13 plus
acquired City property
PARCEL SIZE : 6 . 2 acres plus acquisition of City property
(approximately . 7 acres )
PROPERTY OWNER: Barratt San Jose
EXISTING ZONING: PD (Planned Development)
EXISTING LAND USE: Vacant
SURROUNDING ZONING AND LAND USE:
North - C-0 (Administrative Office) , and C-N
(Neighborhood Business ) with offices and
convenient market .
South - C-1 (Retail Business ) with creek and
single family dwelling units
East - 'San. Ramon Road and Flood Control Canal
West - R-S-D-25 and R-S-D-20 (Suburban Residence)
4-plex Residential Condominiums
SITE/ZONING HISTORY: On July 21, 1980, Alameda County approved
a site plan for the subject property to permit the construction
of 110 , 000 sq.ft . of commercial office condominiums with 413
parking spaces . Special fencing and landscape treatment was
required along San Ramon Road and along Silvergate Drive,
including installation and maintenance agreements related to
landscaping within the public right-of-way (S-781) .
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On April 18, 1983 , the Dublin Planning Commission held a public
hearing and recommended approval of a Planned Development (PD)
rezoning to allow 112 mini-condominium units on the subject
property., The Commission also approved a Tentative Subdivision
Map and a Negative Declaration for that development.
The Tentative Map approval was appealed by the Silvertree
Homeowners ' Association. The rezoning and Tentative Map (on
appeal) came before the City Council on May 23 , 1983 . After
extensive discussion, the City Council continued the public
hearing on the rezoning and Tentative Map until after the City
Council had decided what land use designation the San Ramon Road
Specific Plan should apply to the subject property.
On September 26, 1983 , the City Council designated the Barratt
property (Area 5 of the San Ramon Specific Plan) Residential
Multifamily Use with a density range of between 8 and 15 units
per acre.
Barratt then redesigned the project and resubmitted the revised
plans for a new Planned Development Rezoning and a Tentative Map.
On January 23 , 1984 , the City Council referred the plans to the
Planning Commission for review and comment. The City Council
continued its public hearing until the Planning Commission
submitted its comments back to the Council .
On February 6, 1984, the Planning Commission reviewed Barratt's
88-unit Arbor Creek proposal . At that meeting, Barratt submitted
a revised site plan which sought to address previous Staff
concerns . After a lengthy public discussion, the Commission
approved the revised sketch plans , for 84 units with Barratt
agreeing that the approval was subject to Staff analysis prior to
City Council review, and with the understanding that the larger
proposed condominium units might result in a recommendation to
reduce the total number of units .
On April 23 , 1984 the City Council approved the Planned
Development (PD) rezoning of the Barratt property to allow the
construction of 84 residential units (44 townhouses and 40
condominiums ) . Since the original Tentative Map for 88 units was
not acted on by the City Council at the time it was appealed to
the Council in May' 83 , the revised Tentative Map is being
presented to the City Council for final action.
APPLICABLE REGULATIONS :
TITLE 8, Ch. 1, ALAMEDA COUNTY SUBDIVISION ORDINANCE, AS ADOPTED
BY THE CITY OF DUBLIN: 8-1. 2 INTENT: It is the intent of this
Chapter to promote the public health, safety, and general
welfare; to assure in the division of land consistent with the
policies of the Dublin General Plan and with the intent and
provisions of the Dublin Zoning Ordinance; to coordinate lot
design, street patterns, rights-of-way, utilities and public
facilities with community and neighborhood plans ; to assure that
areas dedicated for public purposes will be properly improved
initially so as not to be a future burden upon the community; to
preserve natural resources and prevent environmental damage; to
maintain suitable standards to insure adequate, safe building
sites ; and, to prevent hazard to life and property.
Section 8-7 .4 reads, in part, the amount of fees to be paid shall
be a reasonable relationship to the use of the park and
recreation facilities by the future inhabitants of the
subdivision and shall be calculated from the following
formula: FEE: A x B x C
D
A equals 392 sq. ft. for dwelling units that average less than
5 , 000 sq. ft. of lot area. B equals the number of dwelling
units . C equals the current market value of the site at the time
of approval of the Final Map . D equals the site area.
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ENVIRONMENTAL REVIEW:
A Negative Declaration (ND) with mitigation was prepared on the
initial 112 unit project. Since the environmental concerns of
the 84 unit project were similar with the initial project, the
previously prepared ND was used for this project. The City
Council adopted the ND with mitigation on. March 12, 1984 .
NOTIFICATION: Public Hearing notices have been published in the
Tri-Valley Herald, mailed to adjacent property owners and posted
in public buildings .
ANALYSIS:
The City Council approved the rezoning of the Barratt-Arbor Creek
project on April 23 , 1984 . Subsequent to that time Barratt has
requested that the City approve. a Tentative Map in order to
allow them to subdivide the land for the individual townhouse
lots and the lots of the condominium (8 plex) buildings .
Approximate 7/10 of an acre of City property is shown within the
Arbor Creek project. To date agreement for acquisition of that
property has not been completed. Such an agreement should be
arranged before the Final Map is filed.
The proposed Tentative Map is consistent with the site plan as
approved by the City Council . Building sizes and locations will
be reviewed in detail when the Site Development Review of this
project takes place. At that time, specific compliance to the
Planned Development Conditions of Approval, environmental
mitigation and phasing requirements will have to take place.
Also some additional technical information will be necessary
before a Final Map can be recorded and/or grading can take place
(e .g. final grading contours and building pad elevations are
needed) .
The approved Planned Development zoning of the project and the
proposed Tentative Map conform to the recommendations of both the
City' s and the applicant ' s state-licenced geologists as regards
the placement of buildings that are in proximity of a known
seismic fault zone. Substantial geotechnical work has been done
on the subject site which indicates that the proposed structures
can be adequately designed and located to meet minimum seismic
safety standards . The dwelling units and the garages of the
approved Planned Development are set back a minimum of 25 ft. and
6 ft. respectively from the fault line.
The Subdivision Ordinance requires park dedication fees to be
paid at the time of approval of the Final Map based on the site
plan approved with the Planned Development Rezoning. The park
dedication calculations are as follows :
( . 009 AC/DU)
Park Land Req' d: 392 sq. ft./DU x 84 dwelling units = 32 , 928 s/f
Credit for private facilities: 13 , 000 s/f x 25% = - 3 , 250 s/f
Net Park Land Required: 29, 678 s/f
In. Lieu Fee = Current Market Value of Net Park Land required at
time of approval of Final Map
Condition 34 of the Resolution approving the Tentative Map
includes the preliminary park dedication land required with the
granting of credit for private facilites (swimming pool
facilities ) .
The Tentative Map has been reviewed by affected governmental
agencies . Very few comments have been received. Where
conditions are recommended, they are incorporated into the
proposed Conditions of Approval .
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RECOMMENDATION
FORMAT: 1 ) Open public hearing and hear staff presentation.
2 ) Take testimony from applicant and public .
3 ) Question staff, applicant and public.
4 ) Close public hearing and deliberate .
5 ) Adopt a Resolution approving, denying or
conditionally approving the Tentative Map.
ACTION: Staff recommends that the Tentative Map for Tract 5131
(Exhibit A) be approved upon making the findings and subject to
the Conditions contained in Exhibit G (attached)
ATTACHMENTS : Location Map
Exhibit A - Tentative Map Tract 5131
Exhibit B - Arbor Creek Development Plan
Exhibit C - Resolution 26-84 - Adopting ND
Exhibit D - ND for Arbor Creek
Exhibit E - Ordinance 8-84 Planned Development
Rezoning for Arbor Creek.
Exhibit F - Resolution 27-84 Rezoning Conditions
of Approval
Exhibit G - Resolution Approving Tentative Map
Exhibit H - Letter from Barratt San Jose regarding
sale of City Property
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RESOLUTION NO. 26 - 84 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
ADOPTING- - NEGATIVE DECLARATION WITH MITIGATION CONCERNING
PA 82-033 .1 AND PA 82-033 . 2 (R) BARRATT SAN JOSE
WHEREAS, the California Environmental Quality Act
(CEQA) , as amended together with the State ' s administrative
guidelines for implementation of the California Environmental
Quality Act and City Environmental regulations, requires that
certain projects be reviewed for environmental impact and that
environmental documents be prepared; and
WHEREAS, a Negative Declaration with mitigation has
been prepared by the Dublin Planning Department; and
WHEREAS, the Planning Commission did initially review
the Negative Declaration and considered it at a public hearing on
April 18, 1983 ;
WHEREAS, the revised project contains fewer units of
the same type and the project design is quite similar to that
addressed in the March 28, 1983 , Negative Declaration; and,
WHEREAS, the environmental conditions and impacts have
not changed appreciable ; and,
WHEREAS, the Planning Commission did review the
Negative Declaration and reconsider it at a public hearing on
February 6 , 1984 ;
WHEREAS, the City Council did review the Negative
Declaration with mitigation and considered it at a public hearing
on March 12 , 1984 ;
NOW THEREFORE, be it resolved as follows :
1) the City Council finds that the project,
PA 82-033 . 1 (R) and PA 82-033 . 2 (R) , Barratt San Jose, has
either been changed by the applicant or the applicant has
agreed to provide mitigation measures that will result in a
project that will not have any significant environmental
impacts that were identified in the Initial Study;
2 ) the City Council finds that the Negative Declaration has
been prepared and processed in accordance with State and
local environmental law and guideline regulations and that
it is adequate and complete ; and
3 ) the City Council directs that the specific flood control
measures and security measures along the creek shall be
reviewed by the Planning Commission .
PASSED, APPROVED AND ADOPTED THIS 12th DAY OF .
March , 1984 . -
AYES : Councilinembers Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES : Councilmember Drena
ABSENT: None
. , ZG 6(..}. y--'7.) 6 .
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n Mayor
ATTEST: >C�--• 0 P,u-,- J
City Clerk '
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CITY OF DUBLIN �,. : _;..s ,
;", r.O. Box 2340 �,
t�• - (415) 829-4600
: 5 Dublin, CA 94568
Fi
-y:. MITIGATED NEGATIVE DECLARATION FOR: Barratt San Jose . PA 82-033
112 Unit Residential Condominium
I Planned Development Rezoning
;
4 . • (Pursuant to Public Resources Code Section 21000, et seq. )
LOCATION AND .
PROPONENT: South west corner of Silvergate Drive and San •
Ramon Road.
Applicant - Barratt San Jose
Owner: APN 941-101-4-7 , and 941-101-4-12 :- Union City Investments
DESCRIPTION: -- Request .to rezone •6.:2 acres from -Neighborhood
_ - ....Commercial (C-N) to Planned Development .(PD) . _ This
-_- - will :permit the construction :of .a 112-unit residential -
-,..'•
. - -;'condominium. project t. '• Fourteen -2=story buildings,' plus • •
• . ._-_ - --= " : carports,` a recreation building and pool, and parking '
--'- for -'224 cars :are proposed. :
- FINDINGS: Theproject,' as now proposed, -will not have a
- '.�,-•<-='/`r-' -.- -': significant -effect on the -environment. : ,,
—. INITIAL STUDY: --The Initial Study is -attached.with a brief
- -- discussion of the following environmental components .
--- .. - Each has been. .mitigated by revisions to the initial - _
- -- project or through a binding committment by the •
applicant, as outlined in the section below entitled
• . Mitigation Measures :
• . a. , Noise Impact
- b. Flooding Impact •
c . Seismic Impact
d. Traffic Impact
MITIGATION MEASURES:
a) -• Noise - Acoustic insulation and air conditioning
: - . " - - will be provided for the units adjacent to San Ramon
- - -' Road. - .. _ -
- - b) `-"-Flooding Martin Canyon Creek _will .be improved
:•:•-•=-•-,". ..:`• ". _`_ ,„ = and ;.the -project 'site graded to _protect the project and -
- , : adjacent property from flood damage, --as determined by . :: -
- - -?; - - the City Engineer _ • - : _ , -
77":-.1.---.1-:;:7:-_ , -;- --:•,:'::•:= - c) Seismic - A •faul t zone •and .buildin g setbacks have -
- '_-::::been :established as a result-:of extensive field and•' - - - _=document research= The site plan is now acceptable to
the County Geologist--from a seismic safety standpoint. -
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• — .. .. - fps - II
:LI! -; .
r garratt San Jose - Mitigated Negative Declaration
1;„ page Two
d) Traffic - The applicant will contribute 25% of the
cost of signalizing the Silvergate and San Ramon Road
intersection. This will significantly reduce the
traffic impacts of this project.
PREPARATION : This Negative Declaration was prepared by the City
of Dublin Planning Staff, (415) 829-4916.
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SIGNATURE: , -
Dat : March 28, 1983
e
• - - Laurence L. Tong, P sing Director .
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_- ` � ORDINANCE NO 08 - 84 ' `'
T e.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE
' ,- TO PERMIT THE REZONING OF THE REAL PROPERTY
WITHIN THE CITY OF DUBLIN
The City Council of the City of Dublin does ordain as
follows : -
Section 1 . Chapter 2 of Title 8 of the Dublin
Ordinance Code is hereby amended in the following manner :
7 . 1+ acres , located on the southwest corner of
Silvergate Drive and San - Ration Road, designated as Assessor
Parcel Number 941-101-4-7 and 941-101-4-13 ,. are hereby rezoned to
PD (Planned Development ) District; PA 82-033 .1 Barratt - Arbor
Creek , as shown on Exhibit A (Staff-recommended Site Plan) , •
Exhibit B (Applicant ' s proposal, as amended by . Exhibit A) ,
Exhibit C (Negative Declaration) , : and Exhibit E (Approval, -
Findings and General -i,'Provisions) , on : file with ":,the . Dublin
Planning Department r•': are hereby adopted• as the regulations of the -. .
- . use,- design, -..improvement; • and maintenance. .of :the :property property within -i.
the District,:-:subject to 'City approval ':of -'the Tentative and Final .:
Subdivision Maps- and ;Site :Development Review. . : A map of the area
is as follows : .. . '
.�.-• e n .TS M1
: ..,,:':,,,-..- : - •./- . - . - - ' ;,:,.'-.,..: j: -,..-;:.s",:,1,./3n-, ,.. ,.. ' .:i LI :-...r= ‘Is-..; -,-: .: -
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- Section :2 . -.--,-, -.-- This Ordinance shall take effect and be
' in force thirty (30 ) :days from, and after, the date of its
passage. Before the expiration of fifteen (15) days after its
passage, it shall --be - published once, with the names of the
Councilmembers voting for and against the same, in the Tri-Valley
Herald, - a newspaper published in Alameda County and available in
the City of Dublin. .
PASSED AND ADOPTED by the City Council of the City of
Dublin on this 23rd day of April, 1984 ,- by the following votes:
AYES : Councilmembers Hegarty, Jeffery, Moffatt,
Vonheeder and Mayor Snyder -- .
NOES : None •
ABSENT : None -
7
_.. y°r aJ
ATTEST:
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CM _CQ� ..
City Clerk -
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ERIE COPY
RESOLUTION NO. 27 - 84 •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS
OF A P ANNED—DEVELO NT REZONING CONCERNING
A 82-033 .1(R) BARRATT SAN JOSE
WHEREAS, Barratt San Jose , proposes to rezone 7 .1+
acres of land (APN 941-101-4-7 and APN 941-101-4-13) at the
southwest corner of Silvergate Drive and San Ramon Road from
C-N (Neighborhood Business ) to PD (Planned Development) , for 40
residential condominiums and 44 residential townhouses ; and,
WHEREAS, the City Council finds that the City of Dublin
is in the process of preparing and adopting a general plan, and
that there is reasonable probability that the proposed rezoning
will be consistent with the future general plan; and,
WHEREAS, there is little or no probability that the
rezoning will be a detriment to, or interfere with the future
general plan, should the new zoning ultimately be inconsistent
with the future general plan; and,
•
WHEREAS, the City Council finds that the rezoning will
not have a significant environmental impact; and,
WHEREAS, the rezoning is appropriate for the subject
property in terms of being . compatible to existing land uses in
the area, will be visually attractive, will not overburden public
services , and will provide housing of a type and cost that is
desired, yet not readily available in the City of Dublin; and,
WHEREAS, the rezoning will not have substantial adverse
effects on health or safety or be substantially detrimental to
the public welfare, or be injurious to property or public
improvements ;
NOW, THEREFORE, BE IT RESOLVED that the City Council
approves a Planned Development (PD) rezoning request for an 84-
unit residential project as shown on the Plans labelled Exhibit
"A" and Exhibit "B" (as amended by Exhibit "A") , and subject to
the following Conditions :
GENERAL PROVISIONS
1 . Compliance with the plans contained in Exhibit "A" and as
amended by these Conditions . The applicant shall change his
proposal (Exhibit B) so that is will be in conformance with
•
the Staff recommendations as shown in Exhibit "A" . The
changes shall include :
a . a reduction of one building in the central portion of
the site and relocation of the remaining buildings and
pool to create more space between buildings and
garages , create a substantial open area and entry
feature at the end of the San Ramon Road entry into the
development, and enlarge the size of the central common
open space ;
b . moving the garage buildings a minimum of six, ( 6 ) feet
off of the fault zone ;
c . moving the northwest building a minimum of 10 feet from
the westerly property line ;
d. provision of an open fence allowing vising of Martin
Canyon Creek area, at the southeastern portion of the
site;
•
e . reduction of seven parking stalls along the eastern
portion of the property to eliminate parking in the •
Silvergate setback area and allow for some landscaping
between the easterly garages ;
f . provision of a public access easement along the south
side of Martin Canyon Creek (within the Applicant ' s
property) ;
g . the condominium units shall be a minimum of 650 sq. ft .
2 . Acquisition of the City-owned property proposed for
inclusion in this project shall be completed before any
permits can be issued for or physical work started on the
subject property .
3 . Site Development Review approval by Staff shall be acquired
prior to issuance of any Building Permit. The Site
Development Review shall implement these General Provisions
concerning the physical development of the project.
4 . The maximum number of residential units shall not exceed 84
units , of which, no more than 40 may be condominiums .
5 . The condominium architecture shall be consistent in quality
with the townhouse architecture including materials,
details, and form.
6 . Roofing shall either be concrete tile or wood shake.
7 . All garages shall have automatic sectional roll-up garage
door openers . Each condominium unit shall have its own
garage .
8 . The landscaping adjacent to the Silvertree development shall
provide for a dense fast-growing tree screen, utilizing a
minimum of 25% , 24" box trees, and a maximum of 75%, 15-gal
trees . The trees shall be located in a minimum 8-foot-wide
landscape easement, which shall be under the control of the
Homeowners ' Association. An independent automatic
irrigation system shall be provided for the trees .
Maintenance and protective measures shall be guaranteed in
the Codes , Covenants , and Restrictions .
9 . All units shall contain standard and currently available
energy saving devices , and be insulated in accordance with
Title 24 , State of California Administrative Code and
evidence shall be provided to the Building Official from
P .G. & E . that the units meet P .G. & E. ' s requirements of the
• "Energy Conservation Home Program" if it still exists at the
time the units are to be constructed.
10 . Compliance with the City of Dublin Residential Condominium
Development Guidelines ( as amended 3/30/83 ) .
11 . Compliance with City of Dublin Site Development Review
Standard Conditions .
12 . Compliance with City of Dublin Police Services Standard
Residential Building Security Requirements .
13 . Full disclosure shall be made to potential buyers of the
project which shows the location and describes the potential
impact of the earthquake fault that traverses the property.
A written acknowledgement of the review of this information
prior to purchase is required of all buyers of units within
the development, and a copy shall be filed with the City
Planning Department .
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14 . The developer is to be responsible for the maintenance of
all Homeowner Association facilities for at least a one-year
warranty period, commencing when each phase is at least 50%
occupied.
15 . The Developer is to provide to the City Planning Department
a status report as to the occupancy characteristics of the
development once each year for three years .
16 . There shall be compliance with DSRSD Fire Department
requirements, Flood Control District requirements, and
Public Works requirements . Written statements from each
agency approving the plans over which it has jurisdiction
shall be submitted to the Planning Department prior to
issuance of Building Permits or the installation of any
improvements related to this project.
17 . A 6-foot high architecturally designed masonry wall shall be
installed• along the easterly property line. In addition, an
intensive landscaped buffer, containing fast growing trees
and shrubs, shall be installed within a 22-foot minimum wide
landscaped area to the east of the wall and within City
right-of-way. The landscaped areas shall be irrigated by an
automatic irrigation system and be maintained for one year
by the Developer, and thereafter by the Homeowners '
Association.
A recorded contract, to run with the land, is to be
established providing the City with authority to repair
and/or maintain the easterly wall and the landscaping within
the public right-of-way. This contract may be exercised by
the City in the event the developer or the Homeowners '
Association fails to maintain the wall and landscaping in
such a manner that they present a neat and well-taken-care-
of appearance .
Provision is to be made in the contract to enable the City
to recover costs of work performed by the City in the
right-of-way and on private property related to the wall and
landscaping . The contract should recite that the Developer
and Homeowners ' Association grants the City authority to
enter and repair and maintain the wall and landscaping
across the adjacent private property if conditions so
require . The repair and maintenance costs incurred by the
City are to be shared, pro rata, by all units within the
Homeowners ' Association and collected as assessments along
with County property taxes .
18 . A par course shall be installed along an 8-foot-wide bikeway
that shall meander along San Ramon Road, as acceptable to
the Planning Director.
19 . The project shall be constructed as approved. Minor
modifications in the design, but not the use, may be
approved by Staff . Any other change will require Planning
Commission approval .
20 . Handicapped ramps and access to each ground floor unit shall
be provided at the request of the buyer and at the expense
of the developer . Four handicapped parking stalls ,
appropriately signed, shall be provided evenly throughout
the project.
21 . Covenants, Conditions and Restrictions (C .C . & R. ' s) shall be
established for this. development . The C .C . & R. ' s shall be
approved by the Planning Director prior to filing of the
Final Map.
The C .C. & R. ' s , shall be reviewed and approved by the City to
assure that :
•
a. There is adequate provision for at least the
maintenance of all commonly owned facilities, property
and landscaping including open space, roads, parking,
lighting, recreation facilities, landscape and the
exterior of all buildings ;
b . Payment of dues and assessments shall be both a lien
against the assessed land and a personal obligation of
each property owner . An estimate of these costs shall
be provided to each buyer prior to the time of
purchase .
c . The Association shall maintain all common areas in good
repair, including drainage and erosion control
improvements , fences , and landscaping;
d. The Association shall keep the City Planning Department
informed of the current name, address, and phone number
of the Association ' s official representative;
e . Payment of the water and street lighting (maintenance
and energy) bills and maintenance and repair of storm
drain lines are the obligations of the Homeowners '
Association, excepting where said storm drain serves
public property (streets and/or public land) in
addition to the subdivision, the controlling public
agency shall then be responsible for maintenance;
f . Each buyer is to sign an acknowledgement that he has
read the Constitution and Bylaws of the Homeowners '
Association and the Conditions , Covenants, and
Restrictions applying to the development.
g. The Homeowners ' Association shall contract with, or be
advised by a professional management firm, as to how to
handle maintenance operations and fee collection
procedures .
h . No recreational vehicle or boat may be stored within
this development .
i . The Covenants, Conditions , and Restrictions shall
provide that upon sufficient notice to homeowners, the
serving utilities be authorized to enter any portions
of the units whenever restoration of gas, electric, and
telephone service is required; that the utilities shall
have the right to install, move, remove, or run new
lines in or on any portions of the common area,
including the interior and exterior of the units
(except where undergrounding is required by the
Subdivision Ordinance) as is necessary to maintain
telephone service within the subdivision, and that this
provision may not be amended or terminated without the
consent of the utilities .
j . Guest parking areas must be identified by signs and the
C .C . & R. ' s shall prohibit the use of these areas by
homeowner families .
k . The Constitution and Bylaws of the Homeowners'
Association shall include the obligations of the
Association to be responsible for public liability in
case of injury in connection with public utility
easements , and for maintenance of the private vehicle
access ways and utility trenches in public utility
easements . They shall further be void of any mention
of future dedication "of the access way to the City as a
public street . '"
•
1 . Provisions exist that require each purchaser to sign a
statement, prior to the purchase of a unit, that he or
she has read a statement that shows the location and
describes the significance of the Calavaras Fault that
traverses the property.
22 . Solar hot water systems shall be offered to buyers as an
optional improvement, where practical .
23 . After the project has been completed, and subject to
observing any minimum and maximum dimensions specified in
the approved plan :
a. In the common areas , plant materials, arbors, fences,
paving materials , and similar landscape features may be
added or replaced, in kind.
b . Any construction, repair or replacement which would
occur in the normal course of maintenance of the common
areas as the project matures may occur subject to the
securing of any permits or paying fees required by
other ordinances .
24 . All utilities fronting and within the project shall be
undergrounded.
25 . Utilities for each unit shall be individually metered. All
meters shall be screened from view and enclosed by an
enclosure that is compatible in design and materials to that
of the building to which it is installed.
26 . Secure DSRSD agreement to maintain the on-site sanitary
sewer collection system excluding individual laterals . The
system shall be designed as acceptable to DSRSD.
27 . Landscape plans , showing substantial landscaping, shall be
submitted to, and be approved bv, the Planning Director
prior to any permits being issued for this project. In
general, 3 to 5 trees per 1, 000 sq.ft. of landscaping shall
be shown within all open space/landscaped areas . At least
75% shall be 15-gal . size .
28 . Light standards shall be used which shield the light source
from view from off-site, and shall not shine onto adjacent
property .
29 . Street trees shall be provided along Silvergate Way, as
acceptable to the Planning Department.
30 . Heating of the pool shall be by a solar heating system, the
location and design of which will be reviewed as part of the
Site Development Review.
31 . The at-grade patios shall be fenced.
32 . Developer shall furnish and install signs stating "Not a
Publicly Maintained Street" and "Fire Access - Park in
Designated Locations Only" in right-of-way of private
streets . Parking spaces shall be designated by sign, paint
or equal .
33 . Fire hydrants shall be installed and operable, to the
satisfaction of the Dublin San Ramon Services District Fire
Department, prior to combustible construction.
34 . Prior to final inspection and occupancy of any units :
a . Storm drainage -facilities shall have been installed as
approved by the City Engineer.
b . Fire protection devices shall have been installed, be
operable, and conform to the specifications of and
inspections by the Dublin San Ramon Services District
Fire Department .
c . A 4" high concrete curb (minimum) to separate all paved
parking and passageway areas from landscaped areas
shall have been installed. Curbs may be deleted where
a sidewalk adjoins parking and passageway, provided the
sidewalk is at least 4" higher than adjoining pavement.
d. Cable TV hook-up shall be provided to each unit in the
subdivision, in accordance with existing City
regulations .
e . As-built drawings showing the locations of all
underground utilities (water, storm and sanitary sewer,
gas , electric, telephone, and cable TV) shall be
provided to the Homeowners ' Association.
f . Street name signs, bearing such names as are approved
by the Planning Director, shall have been installed.
35 . Prior to occupancy of any unit in each phase of development,
landscaping, irrigation, fencing, and landscape lighting in
accordance with approved landscape and erosion control
plans, shall have been installed, or a bond equal to the
cost plus 10% of the landscaping, lighting, appurtenant
structures, irrigation system shall be provided to the City.
A statement from the Project Landscape Architect certifying
that landscaping has been installed under his/her
supervision and is in accordance with approved plans shall
be submitted to the Building Official and Planning Director.
36 . Private Vehicle Accessways :
a. Backfill of all utility trenches in private vehicle
access way areas is to meet the recommendations of a
licensed Civil Engineer specializing in the field of
soils engineering. ( In the absence of such a
recommendation, City public street standards for trench
backfill shall be utilized. ) The soils engineer shall
provide full-time inspector services when trenches are
being backfilled in accordance with this
recommendation. All work done within public utility
easements is to be inspected by the responsible utility
to a point six inches over the top of the pipe. All
other work in the access way is to be inspected by the
recommending soils engineer and/or the City Engineer.
Trench backfill in private vehicle access ways shall be
compacted to a minimum of ninety percent relative
compaction as determined by California Test Method No.
216 . Trench backfill in other areas outside of the
private vehicle access ways shall be inspected and
specified as to material and compaction requirements by
the respective utility agency . In the absence of such
requirements , the City Engineer shall make the
determination .
b . The Homeowners ' Association is to covenant and be
responsible for the maintenance of all facilities in
the private vehicle access way which are not maintained
by a public utility agency, except that all maintenance
work resulting from backfill failure is to be the
responsibility of the. Homeowners ' Association (after
the one-year warranty period) . The developer is to be
responsible for maintenance of all facilities during
the one-year warranty period.
c . The connection between the private vehicle access way
and the public street is to be by a standard driveway
type of connection. Driveway throat width (at back of
sidewalk) shall be the same as the vehicle access way.
d. Safety lighting is to be provided on private vehicle
access way and on pedestrian-way facilities connecting
thereto. Lights shall utilize "vandal resistant"
enclosures , and shall have sufficient power and spacing
to provide an average maintained foot candle level of
0 . 12 . A uniformity ratio and increased lighting level
at entrance shall be provided to the satisfaction of
the City Engineer and Planning Director.
e . A recorded contract, to run with the land, is to be
established providing the City with authority to repair
and/or maintain the private vehicle access way in the
event the Homeowners ' Association fails to so maintain
in a manner that adequate access by vehicular traffic
is provided at all times , so that fire, police, health
and sanitation vehicles and public utility vehicles can
service the properties contiguous or adjacent thereto,
and so that said vehicles will have adequate turning
areas . Provision is to be made in the contract to
enable the City to recover costs of work performed by
the City in these access ways . The contract should
recite that the Homeowners 'Association grants the City
the authority to enter and repair and maintain the
private vehicle access way in consideration of the City
allowing the use of private vehicle access ways to less
than public street standards , and that repair costs
incurred by the City are to be shared, pro rata, by all
units and collected as assessments along with County
property taxes . •
37 . The location of the garages adjacent to the fault zone shall
be subject to review and approval by the Alameda County
Geologist and City Engineer .
38 . Should this development not require Tentative Map approval
prior to any construction, the Applicant shall comply with
Engineering requirements as developed by the City Engineer.
These requirements shall cover grading, drainage, flood
control, road construction and design, and the like.
39 . Based on the major traffic impact on the Sivergate Drive leg
of the Silvergate Drive/San Ramon Road intersection, the
developer be required to contribute $25, 000 toward the
design, construction, and inspection of a traffic signal at
San Ramon Road and Silvergate Drive (this represents
approximately 1/4 of the cost . )
40 . Sidewalk shall be completed along the Silvergate frontage .
41 . The develper shall be responsible for the following frontage
improvements along San Ramon Road:
a. One lane of traffic and 8 feet of shoulder (20 feet
pavement ) or equivalent .
b . Curb, gutter, and a 6-foot sidewalk.
ti
c . Replacement of the bike path, where necessary, for
ultimate improvements .
d. Necessary drainage improvements .
e . Related signing and striping .
•
•
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f . Street lights on one side of street. •
42 . Approval of this Planned Development is for two years as is
specified in Section 8-31 . 2 (b) of the Zoning Ordinance .
PASSED, APPROVED AND ADOPTED THIS 12th DAY OF
March , 1984 .
AYES : Councilmembers Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES : Councilmember Drena
ABSENT: None
Mayor
ATTEST: , C� Q , .
City Clerk
•
•
•
•
EXHIBIT G
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
APPROVING TENTATIVE MAP 5131 CONCERNING
PA 82-033 BARRATT SAN JOSE
WHEREAS, the State of California Subdivision Map
Act and the adopted City of Dublin Subdivision Regulations
require that no real property may be divided into two or more
parcels for the purpose of sale, lease or financing unless a
tentative map is acted upon and a final map is approved
consistent with the Subdivision Map Act and City of Dublin
subdivision regulations ; and,
WHEREAS, the Planning Commission did review and approve
the Tentative Map #5131 at a public hearing on February 6, 1984 ;
and,
WHEREAS, the Tentative Map for Tract 5131 was appealed
to the City Council who heard the appeal on May 23, 1983 ; and
WHEREAS, the City Council continued review of the
Tentative Map until after the San Ramon Road Specific Plan, as it
applied to the subject site, was adopted and the site was rezoned
accordingly; and
WHEREAS, the City Council rezoned the subject property
Planned Development (PD) for 84 residential units on April 23,
1984 ; and
WHEREAS, pursuant to State and City environmental
regulations, a Negative Declaration has been prepared for the
proposed associated rezoning and tentative map and the City
Council has reviewed and considered the information in the
Negative Declaration;
NOW THEREFORE, be it resolved that the City Council
finds :
1 . Tentative Map #5131 is consistent with the intent of
applicable subdivision regulations and City Zoning and related
ordinances .
2 . The City of Dublin is in the process of preparing and
adopting a general plan.
3 . There is a reasonable probability that the proposed
Tentative Map will be consistent with the future general plan.
4 . There is little or no probability that the Tentative
Map will be a detriment to, or interfere with the future general
plan, should the related Planned Development rezoning ultimately
be inconsistent with the future general plan.
5 . The Tentative Map will not have a significant
environmental impact.
6 . The Tentative Map will not have substantial adverse
effects on health or safety or be substantially detrimental to
the public welfare, or be injurious to property or public
improvements .
7 . The site is physically suitable for the proposed
development in that the site is indicated to be geologically
satisfactory for the type of development proposed in locations as
shown, provided geological consultants ' recommendations are
followed; and the site is in a good location regarding public
services and facilities .
8 . The site is physically suitable for the proposed
density of development in that the design and improvements are
consistent with those of similar existing residential
developments which have proven to be satisfactory.
9 . This project will not cause serious public health
problems in that all necessary utilities are or will be required
to be available and Zoning, Building, and Plumbing Ordinances
control the type of development and the operation of the uses to
prevent health problems after development.
NOW, THEREFORE, be it resolved that Tentative Map #5131
is an integral part of the Planned Development zoning of the
subject property; and
BE IT FURTHER RESOLVED that the City Council approves
Tentative Map #5131 subject to the conditions listed below:
Conditions of Approval for Tentative Map #5131 as recommended by
the City Engineer:
1. Prior to filing the Final Map, or grading approval being
given, the City-owned property shown within the proposed project
shall be acquired from the City.
2 . Site Development Review approval shall be gained from the
City prior to filing the Final Map. Any modification of the
project design approved by the Site Development Review shall
supercede design on Tentative Map #5131 and shall be considered
as an approved modification of the Tentative Map.
3 . As part of the submittal for subdivision improvement plan,
grading plan and Final Map, the developer ' s engineer shall field
survey Martin Canyon Creek and perform hydrologic calculations
indicating the capacity of the Creek. Should the Creek not handle
the 100-year storm flow, improvements shall be designed so that
this capacity is met, with an effort to maintain the natural
appearance of the Creek. In addition, finished floor elevations
of the units along the Creek shall be set so that if the Creek
becomes blocked, the storm waters will flow onto San Ramon Road
before water would enter the residential units .
4 . The following Creek setbacks shall be adhered to:
a. For existing banks of 2 :1 slope (horizontal over
vertical) or steeper, the setback is established by drawing a
line at 2 :1 slope from the toe of the existing bank to a
point where it intercepts the ground surface and then adding
20 feet.
b. Where the existing bank is 2 : 1 or flatter, the setback
shall be 20 feet from the top of the bank.
The following information shall be provided to determine an
adequate setback from the creek and for the required hydrologic
calculations :
a. The precise location, both horizontal and vertical, of the
Creek centerline and toes and tops of both sides of the
creek .
b . Cross sections of the Creek at intervals acceptable to
the City. Sections at 100 ' intervals are typical ; more
frequent sections may be required.
5 . Grading and drainage shall be designed so as not to block and
to accept drainage overflow from the south end of the adjacent
Silvertree subdivision.
6 . An erosion and sediment control plan shall be required as part
of the grading plan submittal .
7 . The habitable building set back shall be 25 feet from the
fault zone based upon geologic studies conducted by Berlogar, Long
and Associates, Jan. 28, 1983 , and March 4, 1983 . Garages shall
be located at least 6 feet outside of the fault zone and be
constructed on "floating slab" foundations heavily reinforced
and/or prestressed, or utilize other appropriate construction
techniques as acceptable to the Building Inspection Department and
the City' s Consultant Geologist.
8 . Underground utilities shall be designed so as to minimize
crossings of the fault, stay out of the area within 25 feet either
side of the fault, and where practical, provide flexible conduits
and joints for underground utilities in the fault zone as
acceptable to the City Engineer and the Dublin San Ramon Service
District.
9 . Based on the major traffic impact on the Silvergate Drive leg
of the Silvergate Drive/San Ramon Road intersection, the developer
be required to pay 1/4 the cost of a future traffic signal at that
intersection ( $25, 000 ) . A bond shall be established with the
City, prior to filing of the Final Map, to cover the expected
improvement and design costs .
10 . The following acoustical treatments shall be followed to
mitigate the potential noise impacts . Units within 80 feet .of the
eastern property line shall have:
a) doors and windows with a sound transmission (STC)
rating of 30 or higher in all walls facing or siding
to San Ramon Road.
b) wall construction to assure that interior noise
level will not exceed 45 dba with an expected
traffic volumn along San Ramon Road of 40, 000 ADT
c) mechanical air conditioning in living and sleeping
rooms .
•
11 . The private roadway entrance to the project on Silvergate
shall be directly opposite Dublin Green Drive. The entrance off
of San Ramon Road shall be designed to be acceptable to the City
Engineer and City Traffic Engineer .
12 . Sidewalk shall be completed. along the Silvergate frontage.
13 . The developer shall be responsible for the following frontage
improvements along San Ramon Road:
a. One lane of traffic and 8 feet of shoulder (20 feet
pavement) or equivalent.
b . Curb gutter and a 6 foot sidewalk.
c . Replacement of the bike path where necessary for ultimate
improvements .
d. Necessary drainage improvements .
e . Related signing and striping.
f . Street lights on one side of street.
14 . The developer ' s engineer shall develop the expected truck
length and turning radius criteria to use the private streets
(delivery, garbage moving trucks , etc . ) and design the curb radius
accordingly and submit this data and design criteria with the
improvement plans .
15 . Wheel stops within the project shall be the curb at the end
of the parking stalls wherever possible . Where freestanding wheel
stops are necessary, concrete stops shall be used.
16 . On-site circulation shall be constructed to private vehicle
accessway standards as acceptable to the City Engineer and include
street lighting.
17 . Prior to final preparation of the subgrade and placement of
base materials, all underground utility mains shall be installed
and service connections stubbed out beyond curb lines . Public
utilities and sanitary sewers shall be installed in a manner which
will not disturb the street pavement, curb, and gutter when future
service connections or extensions are made.
18 . Prior to filing the Final Map, precise plans and
specifications for street improvements, grading, drainage
(including size, type and location of drainage facilities both on-
and off-site) and erosion and sedimentation control shall be
subject to the approval of the City Engineer.
19 . Where soil or geologic conditions encountered in grading
operations are different from that anticipated in the soil and
geologic investigation report, or where such conditions warrant
changes to the recommendations contained in the original soil
investigation, a revised soil or geologic report shall be
submitted for approval and shall be accompanied by an engineering
and geological opinion as to the safety of the site from hazards
of erosion, settlement and seismic activity.
20 . The subdivider shall furnish and install street name signs,
bearing such names as are approved by the Planning Director, and
traffic safety signs in accordance with the standards of the City
of Dublin.
21 . Roof drains shall empty onto paved areas, concrete swales,
other approved dissipating devices , or tied into the storm drain
system.
22 . Dust control measures , as approved by the City Engineer,
shall be followed at all times during grading and construction
operations .
23 . Construction and grading operations shall be limited to
weekdays (Monday through Friday) and the hours from 7 :30 a.m. to
6 : 00 p .m. , except as approved in writing by the City Engineer.
24 . Developer shall keep adjoining public streets and driveways
free and clean of project dirt, mud, materials and debris and
clean up shall be made during the construction period, as
determined by the City Engineer.
25 . Prior to issuance of Building Permits :
a) Grading must conform with the recommendations of the
soils engineer to the satisfaction of the City Engineer.
A declaration by the soils engineer that he has
supervised grading and that such conformance has
occurred shall be submitted.
b) The following shall have been submitted to the City
Engineer:
1 ) An as-built grading plan prepared by a registered
Civil Engineer, including original ground surface
elevations , as-graded ground surface elevations, lot
drainage, and locations of all surface and subsurface
drainage facilities .
2 ) A complete record, including location and
elevation of all field density tests, and a summary
of all field and laboratory tests .
3 ) A declaration by the Project Civil Engineer and
Project Geologist that all work was done in
accordance with the recommendations contained in the
soil and geologic investigation reports and the
approved plans and specifications .
26 . Prior to any grading of the. site, and in any case prior to
filing a Final Map, a detailed construction grading plan
(including phasing) , drainage, water quality, erosion and
sedimentation control plans for construction and the post-
construction period shall be prepared by the Project Civil
Engineer and/or Engineering Geologist, and shall be approved by
the City Engineer. Performance guarantees related to these plans
shall be provided to the City as required by the City Engineer.
Said plans shall include detailed design, location, and
maintenance criteria of all erosion and sediment control measures .
The plans shall attempt to insure that no increase in sediment or
pollutants from the site will occur. The plan shall provide for
long-term maintenance of all permanent erosion and sediment
control measures such as creek slope vegetation. All erosion and
sediment control measures shall be maintained by the developer
until responsibility is turned over to the project Homeowners '
Association at the time the City accepts final improvements and
releases the performance guarantee as required by the City
Engineer.
27 . Grading shall be completed in compliance with the
construction grading plans and recommendations of the Project
Soils Engineer and/or Engineering Geologist, and the approved
erosion and sedimentation control plan, and shall be done under
the supervision of the Project Soils Engineer and/or Engineering
Geologist . Inspections that will satisfy final subdivision map
requirements shall be arranged with the City Engineer if grading
is undertaken prior to filing the Final Map.
28 . If grading is commenced prior to filing the Final Map, a
surety or guarantee, as determined suitable by the City Engineer
shall be filed with the City of Dublin to insure restoration of
the site to a stable and erosion resistant state if the project is
terminated prematurely.
29 . Maintenance of common areas including ornamental landscaping,
graded slopes, erosion control plantings and drainage, erosion and
sediment control improvements, shall be the responsibility of the
developer during construction stages and until final improvements
are accepted by the City and the performance guarantee required
under Condition 26 is released; thereafter, maintenance shall be
the reponsibility of a Homeowners ' Association which automatically
collects maintenance assessments from each owner and makes the
assessments a personal obligation of each owner and a lien against
the assessed property.
30 . The subdivider shall grade the tract, install landscaping,
soil erosion, sedimentation and drainage control measures, and
improve all streets and easements, as shown or indicated on
Exhibit A and these conditions . Performance bonds shall be
provided to the satisfaction of the City Engineer that are of
sufficient value to assure complete installation of said
improvements .
31 . Measures shall be taken to contain all trash, construction
debris, and materials on site until disposal off-site can be
arranged. Subdivider shall be responsible for corrective measures
at no expense to the City.
32 . Install fire hydrants at the locations approved by the Dublin
San Ramon Services District in accordance with present standards .
Provide raised blue reflectorized pavement markers in private
vehicle accessways at each fire hydrant.
33 . If during construction, archaeological remains are
encountered, construction in the vicinity shall be halted, an
archaeologist consulted, and the Planning Department notified.
If, in the opinion of the archaeologist, the remains are
significant, measures, as may be required by the Planning
Director, shall be taken to protect them.
34 . Parkland dedication fees shall be paid as determined by the
City Engineer in accordance with City Subdivision regulations.
For in lieu fee calculation purposes the preliminary park
dedication land required is 29 , 678 sq. ft. Final calculations
shall be made at the time of approval of the Final Map.
35 . Sidewalks shall be installed to assure that pedestrians can
walk within the project without having to walk down the private
vehicle accessways, as acceptable to the City Engineer.
36 . Copies of the Final Map and improvement plans, indicating all
lots, streets, and drainage facilities within the subdivision
shall be submitted to the City Engineer, at 1"= 400 ft. scale, and
1"- 200 ft. scale for City mapping purposes .
37 . The minimum distance between the San Ramon Road curb line and
the Arbor Creek property lines and fences shall be 22 feet.
38 . Phasing plans shall be submitted as part of the Site
Development Review application. They shall indicate how roads,
drains, grades and the like will be installed and how they will
function if installed incrementally.
39 . The project is responsible for the design, installation and
maintenance of all landscape and related improvements, that are
approved by the City Council as part of the Site Development
Review approval, between San Ramon Road curbing and the projects
property line .
40 . Comply with all conditions of City Council Resolution 27-84
regarding the Planned Development Rezoning. The public access
easement called for in Condition 1 (f) of Resolution 27-84 shall be
shown' on the Final Map .
PASSED, APPROVED AND ADOPTED THIS DAY OF
, 1984 .
AYES :
NOES :
ABSENT:
City Council
ATTEST:
City Clerk
r'
; E r
': _: JUL 1 61984
CITY OIL Di:arm
arratt
July 16, 1984
City Council
City of Dublin
6500 Dublin Boulevard
Suite 101
Dublin, CA 94568
Ladies and Gentlemen:
Barratt Northern California hereby offers to purchase the property owned by the City
of Dublin lying between the fully extended right of way of San Ramon Road and the
property, owned by Barratt Northern California bordered by San Ramon Road,
Silvergate Drive and Martin Canyon Creek..
We offer the price of $3.77 per square foot of property. This is the same amount as
we paid for the balance of the property. We feel this represents a fair return to the
City for property that has value for sale only if it becomes a portion of Barratt's
project. We therefore offer the same amount as we purchased the balance of the
property for in the open market.
Very truly yours,
BARRATT NORTHERN CALIFORNIA
4/64....eee
Joseph M. Head
President
JMH:jdk
Bm.att San Jose • 3150 Almaden Expressway, Suitt; 245 • Son Jose, California 95118 • (408) 265-5150