HomeMy WebLinkAboutItem 4.02 Grafton Plaza DAG~~.t OF DU~~2
i9' -~~.`~ STAFFREPORT CITY CLERK
~~~~~1
~~LC~~s~ DUBLIN CITY COUNCIL F~le # ^~~~-~0
DATE: December 7, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: Grafton Plaza Development Agreement Amendment No. 2
Report prepared by Mike Porto, Consulting Planner and Martha Aja,
Environmental Specialist (PA 07-006)
EXECUTIVE SUMMARY:
The Applicant is requesting approval of an Amendment to the 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) relating to Grafton Plaza, which is located on 25.33 gross acres within the Eastern
Dublin Specific Plan Area. This Amendment incorporates the various land use changes for the
Grafton Plaza project into the Master Development Agreement. Action on this item will not
result in any development on the property. There will be several future actions on this project
that will each be noticed for a public hearing to allow citizen input.
FINANCIAL IMPACT:
This project poses no financial impact to the City.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt an Ordinance approving
Amendment No. 2 to the 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).
S bmitted By Revi d By
Community Development Director Assistant City Manager
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ITEM NO. `T• ~
G:IPA#12007107-006 The PlazalCC Meeting 12.7.101Grafton Plaza Staff Report 2nd reading.doc
DESCRIPTION:
Background:
The Grafton Plaza project is located in Area H of Dublin Ranch. The project site is bounded on
the north by Dublin Boulevard, on the west by Grafton Street, on the east by a planned local
street and on the south by Interstate 580 (see vicinity map below).
The southern portion of the site (approximately 11 acres) has been graded and landscaped for
the water quality treatment basin, which provides treatment for a substantial portion of the run-
off from Dublin Ranch. The northern portion of the site, where development will occur, has been
mass graded. The site is flat and consists of non-native grass and other low vegetation.
VICiNITY MAP
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In May 2010, the City Council adopted a Resolution approving a General Plan and Eastern
Dublin Specific Plan Amendment for the project site to change the land use designation from
Campus Office to a new Mixed Use 2/Campus Office flexible land use designation. Additionally,
the City Council approved a Planned Development Rezone with a Stage 1 Development Plan
that expanded the allowable uses on the site and allowed for two different options of
development. Option 1 allows a mixed use development and permits up to 50% of the
development area be comprised of residential uses and Option 2 allows for a campus office
development.
The Applicant's request includes Amendment No.
Dublin Ranch between the City of Dublin and the
amendment vests the developer's right to the
Amendment and Stage 1 Development Plan la
approvals for the Grafton Plaza project.
2 to the Master Development Agreement for
Lin family for the Grafton Plaza project. This
General Plan Amendment, Specific Plan
nd use changes made as part of the 2010
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On November 16, 2010, the City Council waived the reading and introduced an Ordinance
approving Amendment No. 2 to the 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). Please refer
to the November 16, 2010 City Council Staff Report for a complete discussion of this Ordinance
(Attachment 1).
The City Council is currently requested to waive the second reading and adopt the Ordinance
(Attachment 2) approving Amendment No. 2 to the Master Development Agreement for the
Dublin Ranch Project (Areas A, B, C, D, E; F, G and H).
ATTACHMENTS: 1. City Council Staff Report dated November 16, 2010 (without
attachments).
2. City Council Ordinance approving Amendment No. 2 to the
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), with the Amendment included as Exhibit A.
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i9'~~~.`~ STAFFREPORT CITY CLERK
~~~-~~~~
~tl~~ DUBLIN CITY COUNCIL F~le # ^~]~p~p-~o0
DATE: November 16, 2010
TO: Honorable Mayor and City Councilmembers
,
FROM: Joni Pattillo, City Manager
SUBJECT: Grafton Plaza Development Agreement No. 2
Report prepared by Mike Porto,' Consulting Planner and Martha Aja,
Environmental Specialisf (PA 07-006)
EXECUTIVE SUMMARY:
The Applicant is requesting approval of an Amendment to the 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) relating to Grafton Plaza, which is located on 25.33 gross acres within the Eastern
Dublin Specific Plan Area. This Amendment incorporates the various land u.se changes for the
Grafton Plaza project into the Master Development Agreement. Action on this item will not
result in any development on the property. There wilf be several future actions on this project
that will each be noticed for a public hearing to allow citizen input.
FINANCIAL IMPACT:
This project poses no financial impact to the City.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the Public
Hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and
deliberate; and 5) Waive the reading and introduce an Ordinance approving Amendment No. 2
to the Master Development A,eement between the City of Dublin and the Lin Family for the
Dublin Ranch Pro'ect Area~ ~
) ( ~, B, C, D, E, F, G and H).
~
ub itted By Revie y
Community Development Director Assistant City Manager
Page 1 of 6
G:1PA#t2fjfi9tD~-906 The P/aza1CC Meefing 11.16.101CCSR DA 1st Reading 11.16.10. doc
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ATTaru~vrFNm ~
Background:
a~i~
The Grafton Plaza project is located in Area H of Dublin Ranch. The project site is bounded on
the north by Dublin Boulevard, on the west by Grafton Street, on the east by a planned local
street and on the south by Interstate 580 (see vicinity map below).
The southern portion of the site (approximately 11 acres) has been graded and landscaped for
the water quality treatment basin, which provides treatment for a substantial portion of the run-
off from Dublin Ranch. The northern portion of the site, where development will occur, has been
mass graded. The site is flat and consists of non-native grass and other low vegetation.
VICINITY MAP
Entitlement History:
The original Master Development Agreement (Attachment 1) for Dublin Ranch vested the
General Plan, Eastern Dublin Specific Plan, and zoning approvals (and any amendments) that
were in effect on June 17, 1999. The original Master Agreement acknowledged that the Lin
family was pursuing certain changes to the Area F-H Property and, that the parties would enter
into a supplemental Development Agreement that would vest those changes. Accordingly, the
City and the Lin family entered into a Supplemental Development Agreement (Attachment 2) for
Dublin Ranch that vested the changes to the Area F-H property, which became effective on May
18, 2000. Subsequently, when the Lin family entitled the Fairway Ranch affordable housing
project, the City and the Lin family entered into an amendment to the Master Development
Agreement to implement an exemption from the City's Inclusionary Zoning Ordinance and the
Commercial Linkage Fee in exchange for the Lin's creation of inclusionary units at Fairway
Ranch (Attachment 3).
The Grafton Plaza project site was included in a General Plan and Eastern Dublin Specific Plan
Amendment, Planned Development Rezone with a Stage 1 Development Plan and an Initial
Study/Mitigated Negative Declaration (MND) that was approved by the City Council in February
and March of 2000. The 2000 approvals established an average density of 0.45 FAR for
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Campus Office parcels, which includes an allowable development of 496,519 square feet on the ~
Grafton Plaza project site. The Initial Study analyzed ail of the environmental topics required by
the California Environmental Quality Act (CEQA): Based on additional site-specific analysis of
light and glare, biological resources, cultural resources, hydrology and water quality, traffic and
circulation, supplemental Mitigation Measures were adopted by the City. These Mitigation
Measures continue to apply to the project.
In October 2005, the City Council adopted an Ordinance approving a Stage 2 Development Plan
for the southern portion of the Grafton Plaza site (approximately 11 acres) to allow the
construction of a water quality pond. The pond was subsequently constructed and is now
operationaL
In May 2010, the City Council adopted a Resolution adopting a Mitigated Negative Declaration,
Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and
a Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for
the Grafton Plaza project site. Subsequently, in June 2010, the City Council adopted an
Ordinance approving a PD Planned Development Rezone and a related Stage 1 Development
Plan for Grafton Plaza. The approved General Plan and Eastern Dublin Specific Plan
amendments modified the existing land use designations from Campus Office to a new Mixed
Use 2/Campus Office flexible land use designation. Approval of a Planned Development
Rezone with a related Stage 1 Development Plan expanded the allowable uses on the site and
allowed for two options of development. Option 1 allows a mixed use development and permits
up to 50% of the development area be comprised of residential uses and Option 2 allows a
campus office development.
Current Proposal:
The current proposal includes amendment number two to the Development Agreement for
Dublin Ranch between the City of Dublin and the Lin family for the Grafton Plaza project. The
purpose of the proposed amendment is to vest the developer's right to the General Plan
Amendment, Specific Plan Amendment and Stage 1 Development Plan land use changes made
as part of the 2010 approvals for the Grafiton Plaza project.
ANALYSIS:
Development Agreement
Projects within the Eastern Dublin Specific Plan (EDSP} require a Development Agreement
between the City and the Developer. California Government Code §§ 65864 et seq. and
Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a legal or
equitable interest in such property in order to obtain certain commitments and establish certain
development rights for the property. The Development Agreement must be approved prior to
recordation of the final Tract Map and issuance of building permits for the development of the
property.
Development Agreements ~provide security to the developer that the City will not change its
zoning and other laws applicable to the project for a period of 5 years and would terminate in
2015. The City also benefits from entering into the Development Agreement with the property
owner. The Agreement establishes obligations for meeting the goals of the EDSP and
guarantees timing for construction of public infrastructure and facilities for the project area.
Additionally, it ensures that dedications of property and easements are made, project phasing is
followed, the appropriate fees are paid for the development, and any additional terms of the
agreement are carried out as development proceeds.
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In return, the Developer agrees to comply with the Conditions of Approvai and, in some cases,
commits to take certain actions, which the City might not otherwise have the authority to require.
Specifically, the Development Agreement augments the City's standard development
regulations; defines the precise financial responsibilities of the developer; ensures timely
provisit~n of adequate public facilities for each project; and provides terms for the Developer to
advance funds for specific facilities which have community or area-wide benefit or for
reimbursement from future development, as appropriate. Since the Development Agreement
runs with the land, the rights thereunder can be assigned to parties that do not own the property.
The proposed Development Agreement is the second amendment to the Master Development
Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A,
B, C, D, E, F, G, and H) ("Master Development Agreement"). Under the terms of the Master
Development Agreement, the developer is entitled to amendments that incorporate later
changes in the General Plan, Eastern Dublin Specific Plan, and zoning into the vested rights
granted by the Master Development Agreement.
This amendment vests the developer's right to the General Plan Amendment, Specific Plan
Amendment and Stage 1 Development Plan land use changes made as part of the 2010
approvals for the Grafton Plaza project. In May 2010, the City Council adopted a Resolution
approving a General Plan and Eastern Dublin Specific Plan for the project site to change the
land use designation from Campus Office to a new Mixed Use 2/Campus Office flexible land use
designation. Additionally, the City Council approved a Planned Development Rezone with a
Stage 1 Development Plan that expanded the allowable uses on the site and allowed for two
different options of development. Option 1 allows a mixed use development and permits up to
50% of the development area be comprised of residential uses and Option 2 allows for a
campus office development. The proposed amendment vests the developer's rights to the 2010
City Council approvals. The Master Development Agreement is effective until June 29, 2019.
The proposed Ordinance approving Amendment No. 2 to the 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) is included as Attachment 4 with the Amendment attached as Exhibit A.
ENVIRONMENTAL REVIEW:
On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an
Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and
Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted
of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated
May 4, 1993, assessing a reduced development alternative. The City Council adopted
Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced
area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second
Addendum updating wastewater disposal plans for Eastern Dublin. For identified impacts that
could not be mitigated to a less than significant level, the City Council adopted a Statement of
Overriding Considerations for cumulative traffic, extension of certain community facilities
(natural gas, electric and telephone service), regional air quality, noise, and other impacts.
The Eastern Dublin Specific Plan was adopted by the City to encourage orderly growth of the
Eastern Dublin area. Because the Eastern Dublin project proposed urbanization of the almost
completely. undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion
of agricultural and open space lands to urban uses. These impacts together with visual and
other impacts from urbanization were also determined to be significant and unavoidable. Where
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the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted ~
mitigation measures continue to apply to implementing projects such as Grafton Plaza, as
appropriate.
The Eastern Dublin EIR was a Program EIR and evaluated the potentiai environmental effects
of urbanizing Eastern Dublin over a 20 to 30 year period. As such, the Eastern Dublin EIR
addressed the cumulative effects of developing in agricultural and open space areas and the
basic policy considerations accompanying the change in character from undeveloped to
developed lands. Since certification of the EIR, many implementing projects such as Wallis
Ranch (Dublin Ranch West), Fallon Crossing, Vargas, and Pinn Brothers/Silvera Ranch, Dublin
Ranch and Fallon Village have been approved, relying on the Program EIR.
In February 2000, the City Council approved an Initial Study/Mitigated Negative Declaration
(MND) for a General Plan Amendment, Eastern Dublin Specific Plan Amendment and Stage 1
Planned Development Rezone for Area H. ~
Subsequently in 2008, the City, as the Lead Agency, prepared an Initial Study to determine
whether there would be significant environmental impacts occurring as a result of the current
project beyond or different from those already addressed in the Eastern Dublin EIR and 2000
MND. Based on the project description, the Initial Study determined that the project could result
in additional significant but mitigatable site-specific impacts. Therefore, a Mitigated Negative
Declaration (MND) was prepared in accordance with CEQA faws and regulations. The project
assessed in this MND includes, amendments to the General Plan and Eastern Dublin Specific
Plan (including revised land uses), and rezoning to Planned Development (PD), with the related
Stage 1 Development Plan and the Development Agreement. In May 2010, the City Council
adopted a Mitigated Negative Declaration, a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program for the Grafton Plaza Project.
No further environmental document is needed because the environmental impacts of this project
were fully addressed and within the scope of the Final EIR for the Eastern Dublin General Plan
Amendment, Specific Plan and subsequent Addendum, the 2000 Mitigated Negative Declaration
and the 2010 Mitigated Negative Declaration.
Planning Commission Action:
On October 12, 2010, the Planning Commission held a public hearing to review the proposed
Amendment No. 2 to the 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). The Planning
Commission Agenda Statemen~ is included as Attachment 5 and fihe draft minutes of the
Planning Commission meeting are included as Attachment 6.
The Commission deliberated and approved the following resolution by a 5-0 vote:
• Resolution 10-48, recommending that the City Council adopt an Ordinance approving
Amendment No. 2 to the 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)
(Attachment 7).
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NOTICING REQU(REMENTS/PUBLIC OUTREACH:
~~~~~
In accordance with State law, a Public Notice was mailed to all property owners and occupants
within 300 feet of the proposed Project in addition to an extended area and an interested parties
list. A Public Notice was also published in the Valley Times and posted at several locations
throughout the City. A copy of this Staff Report was provided to the Applicant
ATTACHMENTS:
1) 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).
2) Supplemental Development Agreement between the City of
Dublin and the Lin Family for the Dublin Ranch Project (Areas
F, G, and H).
3) Amendment to 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 and "VVallis Ranch").
4) City Council Ordinance approving Amendment No. 2 to the
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), with the Amendment included as Exfiibit
A.
5) Planning Commission Agenda Statement, October 12, 2010
(without Attachments).
6) Draft Planning Commission meeting minutes, October 12,
2010.
7) Planning Commission Resolution 10-48 recommending that
the City Council adopt an Ordinance approving Amendment
No. 2 to the 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).
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ORDINANCE NO. XX - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
APPROVING AMENDMENT NO. 2 TO THE MASTER DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH
NORTH PROJECT (AREAS A, B, C, D, E, F, G AND H)
PA 07-006
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Grafton Plaza Project ("Project") is located within the boundaries of
the Eastern Dublin Specific Plan ("Specific Plan) in an area that is designated on the General
Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as Mixed Use
2/Campus Office.
B. The Project is located within the Eastern Dublin Specific Plan area, which was the
subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern
Dublin Specific Plan (SCH #91103064), certified by City Council Resolution 51-93 on May 10,
1993, with two addenda approved on May 4, 1993 and August 22, 1994. In February 2000, the
City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, an
Eastern Dublin Specific Ptan Amendment and a Stage 1 Development Rezone for Area H.
C. In May 2010, the City Council adopted Resolutions 75-10 and 76-10 adopting a
Mitigated Negative Declaration, Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program and approving amendments to the General Plan and Eastern
Dublin Specific Plan for the Grafton Plaza project site, and in June 2010, the City Council
adopted Ordinance 10-10 approving a PD - Planned Development Rezone and a related Stage
1 Development Plan for the Grafton Plaza project site (Resolutions 75-10, 76-10 and Ordinance
10-10 are collectively referred to as the "2010 Approvals").
D. The City desires to amend the 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) to
reflect the changes made by the 2010 Approvals.
E. A public hearing on the proposed Amendment No. 2 to the 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) ("the AmendmenY') was held before the Planning Commission on
October 12, 2010, for which public notice was given as provided by law.
F. At its October 12, 2010 meeting, the Planning Commission adopted Planning
Commission Resolution No. 10-48 recommending that the City Council adopt an Ordinance
approving the Amendment.
Page 1 of 3
ATTACHMENT 2
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G. A public hearing on the proposed Amendment was held before the City Council on
November 16, 2010 for which public notice was given as provided by law.
H. The City Council has considered the recommendation of the Planning
Commission, including the Planning Commission's reasons for its recommendation, the Staff
Report, all comments received in writing and all testimony received at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b)
the City of Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (d) the Eastern Dublin
EIR, (e) the Agenda Statement, and on the basis of the specific conclusions set forth below, the
City Council finds and determines that:
1. The AmendmenYs provisions reflect the changes approved in the 2010 Approvals
and do not make any other changes to the 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).
2. The Amendment is consistent with the objectives, policies, land uses and
programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan in
that (a) the Project, as approved by the 2010 Approvals, is consistent with the existing flex land
use designation of the site (Mixed Use 2/Campus Office), (b) the project is consistent with the
fiscal policies in relation to provision of infrastructure and public services of the City's Eastern
Dublin Specific Ptan/General Plan; and (c) the Amendment includes provisions relating to
vesting of development rights, and similar provisions set forth in the Specific Plan for Grafton
Plaza.
3. The Amendment is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located in that the Project, as
approved by the 2010 Approvals, include a General Plan Amendment, Eastern Dublin Specific
Plan Amendment and a Planned Development Rezone with a Stage 1 Development Plan for the
Grafton Plaza project site.
4. The Amendment is in conformity with public convenience, general welfare and
good land use policies in that the Project, as approved by the 2010 Approvals, will implement
land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan which
have planned for a mix of residential, commercial and office uses at this location.
5. The Amendment will not be detrimental to the health, safety and general welfare in
that the Project, as approved by the 2010 Approvals, will proceed in accordance with all the
programs and policies of the Eastern Dublin Specific Plan.
6. The Amendment will not adversely affect the orderly development of property or
the preservation of property values in that the Project, as approved by the 2010 Approvals, will
be consistent with the General Plan and with the Specific Plan.
Page 2 of 3
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Section 3. APPROVAL
The City Council hereby approves Amendment No. 2 to the 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) attached hereto as Exhibit A and authorizes the City Manager to
execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the
City Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
7tn day of December 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\PA#\2007\07-006 The PlazalCC Meeting 12.7.10\CC Ordinance DA.DOC
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
AMENDMENT NO. 2 TO MASTER DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY
FOR THE DUBLIN RANCH PROJECT
(AreasA,B,C,D,E,F,G,andI~
THIS AMENDMENT NO. 2 TO MASTER DEVELOPMENT AGREEMENT ("the
Amendment") is hereby entered into this _ day of , 2010 by and among the City
of Dublin ("the City") and S and V, LLC, a Delaware limited liability company and Her Lin
Ling, an individual(collectively "the Developer").
Recitals
A. City and Developer's predecessor in interest entered into that certain development
agreement entitled "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 May 18, 1999,
which agreement was amended by (a) the "Supplemental Development Agreement Between the
City of Dublin and The Lin Family for the Dublin Ranch Project (Areas F, G and H)", dated
April 18, 2000 and (b) the Amendment to 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 and
"Wallis Ranch"), dated June 21, 2005 (hereafter together referred to as the "Master Development
Agreement"}.
B. At the time that is was entered into the Master Development Agreement covered
approximately 1,119 acres of undeveloped land within the City ("the Property"). Subsequently,
Developer's predecessor has tr~nsferred a substantial portion of the Property to other entities for
development, and some of the property has been developed.
C. In the course of those transfers, Developer's predecessor in interest has in some
cases assigned its rights, duties, int~rests; and obligations under the Master Development
Agreement to the transferrees.
EXHIBIT A TO
ATTACHMENT 2
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D. Developer is the owner of approximately 12.23 acres of property, known as the
"Grafton Plaza Property," as more particularly described on Ezhibit A to this Assignment, that is
a portion of the property covered by the Master Development Agreement.
E. As to the Grafton Plaza Property, Developer's predecessor in interest assigned its
rights, duties, interests, and obligations in and under the Master Development Agreement, and
Developer assumed those rights, duties, interests, and obligations.
F. Section 25.5 of the Master Agreement provides that any amendments to the Areas
F-H Project Approvals "shall require an amendment" of the Master Development Agreement.
G. Developer has applied for, and City has approved, certain amendments to the
Areas F-H Project Approvals, and, therefore, the parties desire to amend the Master
Development Agreement, solely as to the Grafton Plaza Property, to incorporate the amendments
into the defuution of Areas F-H Project Approvals.
H. As the Amendment pertains only to the Grafton Plaza Property, the City and
Developer are the only parties required to effeet the amendment.
AGREEMENT
NOW, THEREFORE, Developer and City for themselves and their respective
successors and assigns hereby agree as follows:
Section 1. "Area F-HProjectApprovals" Redefined. For the purposes of the Grafton
Plaza Property, the term Areas F-H Project Approvals sha11 be defined to include, in addition to
those specified in the Master Development Agreement, the following land use approvals:
General Plan and Specific Plan Amendments for the Grafton Plaza Project (Resolution No. -
10), a Planned Development (PD) Rezone/Development Plan Stage 1 for the Grafton Plaza
Project (Ord. No. _-10).
Section 2. All other provisions of the Agreement shall remain in effect.
[EXECUTIONPAGE FOLLOWS']
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N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
~s oi~the date and vear first above written.
CITY OF DUBLIN DEVELOPER
S and LLC
a De aw limited liability company
By:
Joni Pattillo, City Manager
Attest: By.
Name: ~~~ ~~~F~7
Its: ; u~~,
~aroline Soto, City Clerk
Approved as to form
o, /~i~
Jo akker, City Attorney
1407892.1
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Her Lin Ling
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16034-13
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EXHIBIT A
DESCRIPTION
PARCEL 4
GRAFTON STATION
DUBLIN, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
PARCEL 4 AS SHOWN ON PARCEL MAP 9003, RECORDED IN BOOK 292 OF PARCEL MAPS,
PAGE 89 THRU 92, ALAMEDA COUNTY RECOItpg,
APN 985-006 i-O 10.
END OF DESCRIPTION
PREPARED BY: ~S~H~ w~
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MARK WEHBER
LICENSED LAND SURVEYOR NO. 7960 9~•
(EXP. 3/31/12) FpF CA~-~
STATE OF CALIFORNIA
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CML ENGINEERING~LAND PLANNING~LAND SURVEYING
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