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HomeMy WebLinkAbout4.02 Dub Rch No AnnexG~~~ OF DU~~~ '9`~;~lZ STAFF REPORT CITY C L E R K ~~~L~~ ~ DUBLIN CITY COUNCIL File # ^®©^0 -®® DATE: December 15, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Dublin Ranch North Annexation Area (PA 08-045) Prepared By: Martha Aja, Environmental Specialist EXECUTIVE SUMMARY: Dublin Ranch North (formerly known as Redgewick) is 157.7 acres located within the Eastern Dublin Specific Plan Area and the City's Sphere of Influence, but outside of the City limits. The project site consists of two parcels, which includes a 157.2 acre parcel owned by the Lin family and a 0.5 acre site owned by the Dublin San Ramon Services District (DSRSD). The proposed Project includes a request that the City of Dublin submit an application to the Local Agency Formation Commission (LAFCo) for annexation of the property into the City. The proposed General Plan and Eastern Dublin Specific Plan amendments would modify the existing land use designations from Low Density Residential and Rural Residential/Agriculture to Estate Residential and Open Space. Approval of a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan would allow construction of four custom residential homes on approximately 30.4 acres (in the future). The remaining portion of the Lin parcel (126.8 acres) will be designated as Open Space and maintained in a permanent conservation easement. The 0.5 acre DSRSD parcel is improved with a water tank and access road. No additional development is proposed on this parcel. The Applicant also requests approval of a Development Agreement as required by the Eastern Dublin Specific Plan in addition to a Pre- Annexation Agreement. FINANCIAL IMPACT: No financial impact. RECOMMENDATION: Staff recommends that City Council: 1) Waive reading and adopt an Ordinance prezoning the Dublin Ranch North Annexation Area to the Planned Development Zoning District and approving a related Stage 1 and Stage 2 Development Plan; and 2) Waive reading and adopt an Ordinance approving a Development Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin. .~ / 1 S'pbmitted By evie d Community Development Director Assistant City anager Page 1 of 3 ITEM NO. ~• DESCRIPTION: Background: The Dublin Ranch North Annexation Area (previously referred to as the Redgewick property) consists of 2 parcels, which includes a 157.2 acre parcel owned by the Lin Family and a 0.5 acre parcel owned by the Dublin San Ramon Services District (DSRSD). The project area is located within the unincorporated area of Alameda County within the City's Sphere of Influence (SOI) near the northeasterly City Limits. The project area is shown in the vicinity map to the right. The Dublin Ranch North Annexation Area includes the last two remaining parcels in eastern Dublin that are within the City's Sphere of Influence but not within the City Limits. Figure 1: Vicinity Map DtJ8L1N DUBLI~'~' The Dublin Ranch North Annexation Area is within the boundaries of the City of Dublin General Plan and the Eastern Dublin Specific Plan. The City of Dublin General Plan and the Eastern Dublin Specific Plan anticipated future development of the site with up to 68 dwelling units. The Applicant is proposing to cluster development of 4 dwelling units on approximately 30.4 acres in the northwestern portion of the Lin parcel, which results in the reduction of 64 dwelling units on the site. The remaining 126.8 acre portion of the Lin property is proposed as Open Space and will be protected by a conservation easement. The proposed conservation easement will be maintained in perpetuity for the protection of wildlife. This area has been preserved and enhanced as mitigation for impacts from earlier development associated with Dublin Ranch. The Lin parcel is currently vacant and is used for grazing pursuant to a grazing management plan. The grazing that occurs on the proposed conservation easement will continue in the future. The 0.5 acre parcel owned by DSRSD is improved with a Zone 3 water tank and access road. No further development is proposed on this parcel. The DSRSD parcel is proposed to be designated as Open Space; however, it will not be a part of the future conservation easement. Page 2 of 3 On December 1, 2009, the City Council reviewed the proposed project during a public hearing. During that meeting, the City Council adopted the following Resolutions: • Resolution adopting a Mitigated Negative Declaration, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Dublin Ranch North Project; • Resolution directing Staff to file an application with the Alameda County Local Agency Formation Commission to annex the Dublin Ranch North Annexation Area into the City of Dublin and Dublin San Ramon Services District; • Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for the Dublin Ranch North Annexation Area; and • Resolution approving aPre-Annexation Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin. At the meeting on December 1, 2009, the City Council also waived the reading and introduced the following Ordinances: • Ordinance prezoning the Dublin Ranch North Annexation Area to the Planned Development Zoning District and approving a related Stage 1 and Stage 2 Development Plan; and • Ordinance approving a Development Agreement •for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin. Please refer to the December 1, 2009 City Council Staff Report for a complete discussion of these Ordinances (Attachment 1). The City Council is currently requested to waive the second reading and adopt both of these Ordinances (Attachment 2 and 3). ATTACHMENTS: 1. City Council Agenda Statement, December 1, 2009 (without Attachments). 2. Ordinance prezoning the Dublin Ranch North Annexation Area to the Planned Development Zoning District and approving a Related Stage 1 and Stage 2 Development Plan. 3. Ordinance approving a Development Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin, with the Development Agreement attached as Exhibit A. Page 3 of 3 ~ OF DU8 G~~~~' 19' ~' =i{~)182 ~w~! l i~-~~ STAFF REPORT . DUBLIN CITY COUNCIL CITY CLERK File # ^®®®-©~] DATE: December 1, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Dublin Ranch North Annexation Area (PA 08-045) Prepared By: Martha Aja, Environmental Specialist EXECUTIVE SUMMARY: ~~O-3~ 6t70-~v© Dublin Ranch North (formerly known as Redgewick) is 157.7 acres located within the Eastern Dublin Specific Plan Area and the City's Sphere of Influence, but outside of the City limits. The proposed Project includes a request that the City of Dublin submit an application to the Local Agency Formation Commission (LAFCo) for annexation of the property into the City. The proposed General Plan and Eastern Dublin Specific Plan amendments would modify the existing land use designations from Low Density Residential and Rural Residential/Agriculture to Estate Residential and Open Space. Approval of a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan would allow construction of four custom residential homes on approximately 30 acres (in the future). The remaining portion of the site (127.3 acres) will be designated as Open Space and maintained in a permanent conservation easement. The Applicant also requests approval of a Development Agreement as required by the Eastern Dublin Specific Plan. FINANCIAL IMPACT: No financial impact. RECOMMENDATION: Staff recommends that 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; 5) Adopt a Resolution adopting a Mitigated Negative Declaration, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Dublin Ranch North Project; 6) Adopt a Resolution directing Staff to file an application with the Alameda County Local Agency Formation Commission to annex the Dublin Ranch North Annexation Area into the City of Dublin and Dublin San Ramon Services District; 7) Adopt a Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for the Dublin Ranch North Annexation Area; 8) Waive reading and introduce an Ordinance prezoning~ the Dublin Ranch North Annexation Area to the Planned Development Zoning District and approving a related Stage 1 and Stage 2 Development Plan; 9) Waive reading and introduce an Ordinance approving a Development Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin; and 10) Adopt a Resolution approving aPre-Annexation Agreement for Dublin Ranch~North between the City of D and ong Yao Lin and Hong Lien Lin. Su fitted By evie ed y '~.~ -~~ +-~, ~ 1~ ~(~~~,~ Community Development Director Assistant City anager ATTACHMENTI a ~-5-~ DESCRIPTION: Background; The Dublin Ranch North Annexation Area (previously referred to as the Redgewick property) consists of 2 parcels, which includes a 157.2 acre parcel owned by the Lin Family and a 0:5 acre parcel owned by the Dublin San Ramon Services District (DSRSD). The project area is located within the unincorporated area of Alameda County within the City's Sphere of Influence (SOI) near the northeasterly City Limits. The project area is shown in the vicinity map to the right. The Dublin Ranch North Annexation Area includes the last two remaining Figure 1: Vicinity Map parcels in eastern Dublin that are within the City's Sphere of Influence but not within the City Limits. The Dublin Ranch North Annexation Area is within the boundaries of the City of Dublin General Plan and the Eastern Dublin Specific Plan. The City of Dublin General Plan and the Eastern Dublin Specific Plan anticipated future development of the site with up to 68 dwelling units. a The Applicant is proposing to cluster development of 4 dwelling units on approximately 30.4 acres in the northwestern portion of the Lin parcel, which results in the reduction of 64 dwelling units on the site. The remaining. 126.8 acre portion of the Lin property is proposed as Open Space and will be protected by a conservation easement. The proposed conservation easement will be maintained in perpetuity for the protection of wildlife. This area has been preserved and enhanced as mitigation for impacts from earlier development associated with Dublin Ranch. The Lin parcel is.currently vacant and is used for grazing pursuant to a grazing management plan. The grazing that occurs on the proposed conservation easement will continue in the future. The 0.5 acre parcel owned by DSRSD is improved with a Zone 3 water tank and access road. No further development is proposed on this parcel. The DSRSD parcel is proposed to be designated as Open Space; however, it will not be a part of the future conservation easement. The Applicant requests that the City of Dublin submit an application to the Local Agency Formation Commission (LAFCo) for annexation of the property into the City. The Applicant also requests approval of General Plan and Specific Plan amendments to modify the existing land use designations on the site. Additionally, the Applicant .requests approval of a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan, and Vesting -" Tentative Tract Map to create four custom residential home sites and a conservation area. The project also includes a Development Agreement and aPre-Annexation Agreement between the City of Dublin and Hong Yao Lin and Hong Lien Lin. 3 ~ 5~ Planning Commission Action On November 10, 2009, the Planning Commission held a public hearing to review the Dublin Ranch North project. At the public hearing, the Planning .Commission discussed the proposed land use plan, the topography of the site, the project's visibility from surrounding areas and fire access issues (the Planning Commission Agenda Statement is included as Attachment 1 and the draft minutes of the Planning Commission meeting are included as Attachment 2). The Planning Commission voted 4-1 to approve Vesting Tentative Tract Map 8016 (Resolution 09-46) and recommended that the City Council take the following actions: • Direct Staff to file an application with the Alameda County Local Agency Formation Commission to annex the Dublin Ranch North Annexation Area into the City of Dublin and Dublin San Ramon Services District (09-43); • Amend the General Plan and Eastern Dublin Specific Plan to change the land use designation of Dublin Ranch North from Low Density Residential and Rural Residential/Agricultural to Estate Residential and Open Space (Resolution 09-42); • Approve a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan (Resolution 09-44); • Approve the Development Agreement between the City of Dublin and Hong Yao Lin and Hong Lien Lin (Resolution 09-41); and • Adopt a Mitigated Negative Declaration for the Dublin Ranch North Annexation Area (Resolution 09-45). An analysis of each of the requested entitlements, including the Vesting Tentative Tract Map that was approved by the Planning Commission, is discussed below. Annexation - The project site is currently located within a portion of unincorporated Alameda County and within the City's and Dublin San Ramon Services District's (DSFZSD) Sphere of Influence. The City has planned for the eventual annexation of this area through the General Plan and Eastern Dublin Specific Plan. Annexation to the City and to DSRSD must be approved by the Local Agency Formation Commission (LAFCo) in order for the project to come under the jurisdiction of the City of Dublin and to receive services from DSRSD. LAFCo is a State mandated local agency that oversees boundary changes to cities and special districts. Following annexation, the City will have jurisdiction and authority over plan approvals and the project will be serviced by the City and DSRSD, which serves that portion of the City with water and sewer facilities. .The application for annexation (or reorganization, as referenced by LAFCo) includes a list of specific requirements with the most significant being: 1) prezoning by the City; and 2) a municipal services plan. The adopted prezoning must be consistent with the City's General Plan. The Applicant's request includes a General Plan Amendment and Planned Development . Prezone with a related Stage 1 and Stage 2 Development Plan. These requests are consistent with each other and further discussed below. A Resolution recommending that the City Council direct Staff to file an application with LAFCo to annex the properties is included as Attachment 3. ~ ~- 5~ General P/an and Eastern Du61in Plan Amendments Residential density in the vicinity of the proposed development varies. Wallis Ranch (Dublin Ranch West), located northwest of the Dublin Ranch North Annexation Area property, has land use designations of Single Family Residential (0.9-6.0 dwelling units/acre), Medium Density Residential (6.1-14.0 dwelling units/acre) and Medium High Residential (14.1- • 25.0 dwelling units/acre). The Fallon Crossing development, located west of the property, has land use designations of Single Family • . ; ~ Residential and Open Space. The Silvera Ranch development, also located west of the project site has land use designations of Low Density Residential, Medium Density Residential, Medium High Density Residential and Rural Residential. Casamira Valley, located north of the project site, has land use designations of Medium Density Residential, Open Space and Rural Residential. Alameda County properties with Agricultural zoning are located east of the project site. The Applicant is requesting approval of a General Plan Amendment and Eastern Dublin Specific Plan Amendment to modify the land use designations and reduce the development potential for the project site. The current land use designations of the project site include Low Density Residential (0.0 - 6.0 dwelling units per acre) and Rural Residential/Agricultural (1 unit per 100 Gross Residential acres). Please refer to Figure 2 below for the location of existing land use designations. It was assumed in the Eastern Dublin Specific Plan that 67 low density dwelling units and 1 rural residential dwelling unit would be constructed on the Dublin Ranch North site (Table 1). Figure 2: Existing Land Use Designations: Figure 3: Proposed Land Use Designations: -= J~ ~ ~ - ~ s,.. ~ ~RltcheydHunter ' ~C-:~ .J i~~'~\\\ ~ ~. J`) ~ ~; ~~) ~- to ~( ~ /~ r r-r ^` ~ f~ i /~~ i4i -.. r i ~ i ~ Iti i /° _ - A ~ ~/~' ~' i ~ ,~,~~~ ~ f ~~~' A,,~__,~~ ` ~ ~1 Ir ~ _ ~ ~,~ ~ 1` i ~ ~ ~ i ~.r1~u ~ ~.~uae# ~'~ ~ ily ~ ~ ~~~ ~ ~ I, err G_ a ~;. ~ '''r i ~~'`,i1N t',,~~ ~~ _ j~ ~ ~ ,) ~ ~ _ Ise, ~ ~ 12i3e£a ~~~ ~f ~ i ~'~~ ~ ,, \\~~~~, ~ v I I r ~ ' ~ ii ! r~~ r ~ ~ h~ Sri i.~ /~ mss= i~'~~it~ ~.u ~\c 'i~.i~~ i /':~ ~/// ~,~ ~1 ~1t,\" \~~ ~ sir - i9~/~~ ;' `,+-. ,, ,~w „ (, ,/~ ~ ~ ~ r \~ ~-~~ c ~,~e_! Page 4 of 11 5bf5~ The Applicant proposes to change the land use designations to Estate Residential (0.01 - 0.8 dwelling units per acre) and Open Space and would therefore reduce the overall density on the site and lower the permitted number of dwelling units. Please refer to Figure 3 above for location of proposed land use designations. The proposed Estate Residential Land Use designation would permit up to 24 dwelling units. However, the Applicant proposes to limit development to 4 dwelling units as discussed in the Planned .Development Prezoning and Vesting Tentative Map discussion below. Please refer to Table 1 below for a comparison of the existing and proposed land uses. Table 1: Site Area, Proposed Densities, Maximum Number of Residential Dwellings General Plan & Eastern Dublin Specific Plan Land Use Designations. Existing Land Use Plan Proposed Land Use Plan Acres Units Proposed Density (du/ac) Acres Units Density (du/ac) Estate Residential - - - 30.4 4 .13 Low Densi Residential 16.8 67 4 - - - Rural Residential/ A riculture 143.2 1 ~ .01 - - - O en S ace - - - 127.3 - - TOTAL 160.0* 68 N/A 157.7 4 N/A ''Accord'ing the General Plan and Eastern Dublin Specific Plan, the project site is 160 acres. This number represents a boundary that was not surveyed. The project site is actually 157.7 acres, as determined by a boundary survey that was conducted by the Applicant. The General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan do not have an Estate Residential Land Use designation. Therefore, the Applicant is proposing to add the Estate Residential land use designation to the General -Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan. The Estate Residential Land Use designation is currently used in the General Plan Western Extended Planning, Area. The Estate Residential Land Use designation is as follows: Estate Residential (0.07 - 0.8 du/ac): typical ranchettes and estate homes within this density range. Assumed household size is 3.2 persons per unit. The request includes related amendments to various figures, texts and tables in the General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the documents. The following is a summary of the proposed amendments. Please refer to Attachment 4 for a complete list of the proposed amendments to the General Plan and Eastern Dublin Specific Plan. Table 2.1 of the General Plan in addition to Table 4.1, Table 4.10 and Appendix 3 were amended as follows: 0 30.4 acres and 4 units of Estate Residential was added; o .127.3 acres to Open Space was added; 0 16.8 acres and 67 units were removed from Single Family; and ~ ~-5, 0 143.2 acres and 1 unit were removed from Rural Residential/Agricultural. o A footnote was added to the table regarding the 64 units not used on the Dublin Ranch North project site. Table 4.2 of the Eastern Dublin Specific Plan was amended as follows: 0 4 units of Estate Residential was added; 0 67 units were removed from Single Family; and 0 1 unit was removed from Rural Residential/Agricultural. o A footnote was added to the table. regarding the 64 units not used on the Dublin Ranch project site. Appendix 4 of the Eastern Dublin Specific Plan was amended as follows: o Owner name changed from Redgewick to Lin; 0 30.4 acres and 4 units of Estate Residential added; 0 126.8 acres of Open Space added; o Single Family Residential and Rural Residential/Agricultural were removed; o DSRSD was added to the owner list; 0 0.5 acres of Open Space was added (DSRSD parcel). A Resolution recommending the City Council approve the General Plan Amendment and the - Eastern Dublin Specific Plan Amendment for the Dublin Ranch North project is included as Attachment 4. Planned Development Prezoning/Stage ~ Development Plan & Stage 2 Development Plan The existing zoning (Alameda County) of the project site is Agricultural. The Applicant is requesting a Planned Development (PD) Prezorie with a related Sta-ge 1 and Stage 2 Development Plan for the entire 157.7 acre site. Among other things, the Stage 1 and Stage 2 Development Plan establishes the site area, conceptual site plan, proposed density, maximum number .of dwelling units, development standards, such as lot coverage, building height and setback requirements, design principles, landscaping requirements, fence and wall standards and project entry and streetscape standards to ensure a cohesive and attractive development. The proposed PD -Stage 1 Development Plan will serve as the prezoning prerequisite for annexation. Upon Annexation, the Planned Development Zoning will take effect. The proposed PD Zoning and related Development Plan are consistent with the proposed amendments to the General Plan and Eastern Dublin Specific Plan (as discussed in the section above). The Stage 1 and Stage 2 Development Plan allows a maximum of 4 residential dwelling units on the project site. This is within the density of the proposed General Plan and Specific Plan Estate Residential and Open Space land use designations. Lot sizes will range from 4.5 acres to 12.9 acres. The four estate lots are designed to provide a _ country estate character of homes. Designated building envelopes for the primary residence are established on all four lots as shown on the Stage 2 Development Plan to limit the impact of ' development 'on the hillside. Approximately 10 acres of the 157.7 acre project site will be -I ~5~ disturbed by grading. This includes approximately 7 acres to create the access road and the building pads and an additional 3 acres for remedial grading as recommended by the geotechriical engineer.. -. The majority of the site is designated as open space (126.8 acres) and will be a permanently managed environmental conservation area. These lands have been designated as a mitigation area for development impacts on environmental resources from other areas of Dublin Ranch. This area will provide permanent habitat and/or nesting sites for Red Legged Frogs, California Tiger Salamanders. and Golden Eagles. Grazing currently occurs on this conservation. land pursuant to a grazing management plan and will continue in the future. These lands will be placed in a conservation easement and will be managed consistent with a Mitigation Monitoring Plan approved by the resource agencies. The Applicant has worked with these resource agencies to gain the Agencies' approval for the creation and the long term management of this conservation area. Maintenance of these managed environmental areas is privately funded by a land trust. As part of the application, the Applicant is proposing Land Use and Design Standards. The Dublin Ranch North Annexation Area Land Use and Design Standards are designed to provide guidance for the future homebuilder in the construction of the homes. The intent of the design guidelines are to preserve the rural character of the project site while allowing for creativity and quality design. The Project has been designed to be a small community that conforms to the existing site and the surrounding area. The design standards include landscaping requirements, fence and wall standards, project entry and streetscape standards to ensure a cohesive and attractive development. The Development Plan provides for the ability of the Dublin Ranch North development to be a gated community. Pursuant to Chapter 8.40 of the Dublin Zoning 'Ordinance, the gate would be permitted through Site Development Review. Additionally, the Development Plan provides for a variety of fences and walls, which include privacy fence, view fence, rail fence and agricultural fence (barbed wire). The City Council Ordinance approving a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan (Attachment 5) contains various requirements and standards on fences and walls. Vesting Tentative Tract Map No. 8016 The Project includes a Vesting Tentative Tract Map. The Applicant proposes to subdivide the 157.2 acre Lin parcel (does not include the 0.5 acre DSRSD parcel) into 5 lots. Lots 1 - ~4, which total 30.4 acres, are located in the northwestern portion of the project site and they comprise the portion of the project site where development will occur. The lot sizes for these lots range from 4.5 acres to 12.9 acres. Lot 5, which is 126.8 acres, will be placed in a permanent conservation easement for the protection of wildlife. The 0.5 acre DSRSD property is already a legal parcel and is not included as part of the Vesting- Tentative Map. . Access to the site will be provided from the Silvera Ranch Phase 4 development by way of Cydonia Court (planned future street). Silvera Ranch has access from both Fallon Road and Tassajara Road. Cydonia Court is an eastward bearing cul-de-sac that provides access and utilities to the project area. From this cul-de-sac, a single private driveway will serve the four Dublin Ranch North Annexation Area lots. u ~s~ An on-site bioswale will. collect stormwater run-off from the access road and upper slopes and direct flows to the existing storm drain line in the Silvers Ranch development. The increase in run-off can be accommodated by the Silvers Ranch storm drain lines. The actual size and location of the proposed storm drain facilities will be determined with the improvement plans approval during the Final Map approval process. Each development lot will be expected to drain to the on-site bioswale, as grades permit. Construction of this Project will depend on market demand, the completion of Cydonia Court (from Silvers Ranch -Phase 4) and utilities from adjacent properties. The proposed Project would create 4 estate lots, which may be bought and developed individually as custom homes. Each single-family residence will require a Site Development Review Permit. During the Site Development Review process, the proposed residences will be evaluated to ensure that they meet the intent of the Stage 1 and Stage 2 Development Plans. The.. Planning Commission approved the Vesting Tentative Tract Map on November 10, 2009 subject to the property being annexed to the City and the City Council approval of the General Plan Amendment, Specific Plan Amendment, Planned Development Rezone, and Mitigated Negative Declaration (Attachment 6). 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 issuance of building permits for development of the property. Staff has worked with the Applicant to prepare a draft Development Agreement. The proposed Development Agreement is between the City of Dublin and Hong Yao Lin and Hong Lien Lin. The proposed Development Agreement provides security to the developer that the City will not change the zoning and other .laws applicable to the Project for a period of five years. The Development Agreement augments the City's standard development regulations, defines financial responsibilities of the developer and provides terms for the developer to advance funds for specific facilities which have a community or area-wide benefit or for reimbursement from future development, as appropriate. Development Agreements are approved by an Ordinance of the City Council upon recommendation by the Planning Commission. The City Council Ordinance is attached as Attachment 7, with the Development Agreement included as Exhibit A. Pre-Annexation Agreement The goals and policies of the Eastern Dublin Specific Plan require land that is annexed to the City and new development be revenue neutral. Prior to submitting an annexation request to LAFCo, the City requires that aPre-Annexation Agreement be entered into by the developer. The Pre-annexation Agreement guarantees that the cost of providing services to the project will not exceed the revenue received from the project, and will also ensure that the financing goals and policies of the General Plan and Specific Plan are met. J A Resolution recommending the City Council approve the Pre-Annexation .Agreement is attached as Attachment 8 with the Pre-Annexation Agreement included as Exhibit A. . q ~- 5~ 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 impacts from urbanization, were also determined to be significant and unavoidable. Where the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted mitigation measures that are applicable to this Project and Project site continue to apply to the Dublin Ranch North project. The Eastern Dublin EIR was a Program EIR and evaluated the potential 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 along Tassajara Road such as Wallis Ranch (Dublin Ranch West), Fallon Crossing, Vargas, and Pinn Brothers/Silvers Ranch, as well as projects elsewhere in Eastern Dublin such as Dublin Ranch and Fallon Village have been approved, relying on the Program EIR. The EIR evaluated development of the project site with 68 dwelling units. For the proposed Dublin Ranch North project, a Mitigated Negative Declaration (MND) has been prepared in accordance with CEQA laws and regulations. The project assessed in this MND includes the annexation, amendments to the General Plan and the Eastern Dublin Specific Plan (including revised land uses), prezoning to Planned Development (PD), with the related Stage 1 and Stage 2 Development Plan, Development Agreement, _Pre-Annexation Agreement and a Vesting Tentative Map to allow the eventual development in accordance with the approved plans. The City, as the Lead Agency, prepared an InitialvStudy to determine whether there would be environmental impacts occurring as a result of this project beyond or different from those already addressed in the Eastern Dublin EIR. The Initial Study reviewed the proposed Stage 1 and Stage 2 Development Plan site plan, Vesting Tentative Map and also reviewed updated biological, cultural and geotechnical studies for the project. Based on the project description, the Initial Study determined that the project could result in significant but mitigatable site- specific impacts. -o °{- 5~ A Mitigated Negative Declaration was prepared for the project and circulated for public review from October 6, 2009 to November 5, 2009. During the public review period, the City received two comment letters, one from the Dublin San Ramon Services District, dated October 26, 2009 and one from the Alameda County Local Agency Formation Commission (LAFCo), dated November 9, 2009. Although not required by CEQA, the City prepared responses to the comments in the LAFCo letter; providing the City's good faith reasoned analysis as to the environmental issues raised in the comments. No response to comments was required for the DSRSD letter, since this letter advised that the District can serve the water and sewer demand for the project. ~ . Staff recommends that the City Council adopt a Mitigated Negative Declaration, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the project as set forth in Attachment 9, with the Mitigated Negative Declaration included as Exhibit A and the Comment Letters included as Exhibits B and C and the Response to Comments included as Exhibit D. NOTICING REQUIREMENTS/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 about the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. CONCLUSION: The Applicant's submittal package is included as Attachment 10 of the Staff Report. The design guidelines and standards found within this booklet have been incorporated into the Ordinance pt•ezoning the Dublin Ranch North Annexation- Area to the Planned Development Zoning District and approving a related Stage 1 and Stage 2 Development Plan. The proposed annexation request includes the Dublin Ranch North property. The proposed annexation is consistent with the City's planning efforts and would provide for the logical and orderly extension of the City. The proposed Dublin Ranch North project includes estate housing types which will increase housing choices in the vicinity. The project has been designed to protect the natural resources on the site by focusing the development envelope away from the resources. A~ General Plan and Eastern Dublin Specific Plan Amendment is proposed for the Dublin Ranch North project to decrease the density on the site. The proposed amendment would change the Low Density Residential and Rural Residential/Agricultural land use designations to Estate Residential and Open Space. The Planned Development Zoning is consistent with the General Plan and Specific Plan Amendments and will allow a maximum of 4 dwelling units on the site. The majority of the project site, approximately 127 acres, will be placed in a conservation easement and maintained in perpetuity. The Vesting Tentative Map subdivides the Lin parcel into 4 residential lots for future development and an open space conservation parcel. The proposed Development Agreement between the City of Dublin and Hong Yao Lin and Hong Lien Lin provides security to the developer that the City will not change the zoning and other laws applicable to the Project for a period of five years. The Pre-Annexation Agreement between the -- City of Dublin and Hong Yao Lin and Hong Lien Lin guarantees that the cost of providing -I X51 services to the area will not exceed the revenue received from the area and will assure that the financing goals and policies of the General Plan and Eastern Dublin Specific Plan are met. A Mitigated Negative Declaration was prepared for the Dublin Ranch North project. This document includes mitigation measures to reduce environmental impacts of the projects to a less than significant level. ATTACHMENTS: 1. Planning Commission Agenda Statement, November 10, 2009 - (without Attachments). 2. Draft Planning Commission meeting minutes, November 10, 2009. 3. Resolution directing Staff to file an Application with the Alameda County Local Agency Formation Commission to annex the Dublin Ranch North Annexation Area into the City of Dublin and the Dublin San Ramon Services District. 4. Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for Dublin Ranch North Annexation Area. 5. Ordinance Prezoning the Dublin Ranch North Annexation Area to the Planned Development Zoning District and approving a . ~ related Stage 1 and Stage 2 Development Plan. 6. Planning Commission Resolution 09-46 approving Vesting Tentative Tract Map 8016. 7. Ordinance approving a Development Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin, with the Development Agreement attached as Exhibit A. 8. Resolution approving aPre-Annexation Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin, with the Pre-Annexation Agreement attached as Exhibit A. 9. Resolution adopting a Mitigated Negative Declaration, a Statement of Overriding Considerations .and a Mitigation Monitoring and Reporting Program for the Dublin Ranch .North project, with the Mitigated Negative Declaration attached as . Exhibit A, comment letters, attached as Exhibits B and C, and response to comments attached as Exhibit D. 10. Dublin Ranch North Annexation Booklet. ~a of s~ ORDINANCE NO. XX-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN PREZONING THE DUBLIN RANCH NORTH ANNEXATION AREA TO THE PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN PA 08-045 The City Council of the City of Dublin does ordain as follows: Section 1. RECITALS A. This Ordinance prezones the subject properties (APN 985-0028-003-02 & 985-0028- 003-01)frnm Agriculture (County of Alameda) to PD, Planned Development (PA 08-045) with a Stage 1 and Stage 2 Development Plan. SECTION 2. FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the intent of the General Plan and Eastern Dublin Specific Plan which envisioned residential development in this area; 2) the proposed Stage 1 and Stage 2 Development Plan allows for the construction of homes with a country estate character, which is consistent with the rural nature of the site; and 3) the proposed Stage 1 and Stage 2 Development Plan focuses residential development in less constrained areas and provides open space to protect sensitive areas, as required by Sections 8.32.010.E and 8.32.010G of the Zoning Ordinance. 2. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) residential development is envisioned for the site and in surrounding areas within the City; 2) residential development has been approved west of the subject site (Silvera Ranch & Fallon Crossings) and north of the project site (Moller Ranch/Casamira Valley); and 3) the majority of the site (approximately 80%) will be maintained in a permanent conservation easement for the protection of wildlife and therefore the rural residential character of the majority of the site will be maintained. ATTACHMENT 2 ~ ~ ~ 5~ B. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 and Stage 2 Development Plan for the Dublin Ranch North Project will be harmonious and compatible with existing and potential development in surrounding areas because: 1) residential development is envisioned for the site and in surrounding areas within the City; 2) residential development has been approved west of the subject site (Silvera Ranch & Fallon Crossings) and north of the project site (Moller Ranch/Casamira Valley); and 3) the majority of the site (approximately 80%) will be maintained in a permanent conservation easement for the protection of wildlife and therefore the rural residential character of the majority of the site will be maintained. 2. The Dublin Ranch North Project site is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: 1) the proposed density of the project site is compatible with the proposed General Plan and Specific Plan amendments; 2) the proposed project will. include residential uses which are consistent with the proposed General Plan and Specific Plan Land Use Designations for the site; 3) the Stage 1 and. Stage 2 Development Plan will allow the construction of 4 lots which will result in an overall density of 0.13 dwelling units per acre which falls within the permitted density range of 0.01 - 0.8 dwelling unit per acre in the proposed Estate Residential land use category; and 4) the development area is limited to the northwest corner of the site on less constrained portions of the property and with limitations on the location of future grading and ground disturbance. 3. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) the General Plan anticipated development of the project site; and 2) there are several residential developments approved, under construction or under review in the vicinity. 4. The proposed Stage 1 and Stage 2 Development Plan and PD Prezone are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) the Applicant has requested approval of a General Plan Amendment and Eastern Dublin Specific Plan Amendment to change the Low Density Residential and Rural Residential/Agricultural land use designations to Estate Residential and Open Space on the Dublin Ranch North property to decrease the density to allow the construction of 4 residential dwelling units. On December 1, 2009, the City Council adopted Resolution xx-09 approving the requested General Plan and Specific Plan amendments, with the resolution incorporated herein by reference. C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated Negative Declaration for the Project on December 1, 2009 by Resolution xx-09 incorporated herein by reference. 2 I~1 f 5~ SECTION 3. ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to prezone the following property ("the Property") to a Planned Development Zoning District: 157.7 acres generally located east of Tassajara Road, west of the Pinn Brothers/Silveria Ranch project, south of Moller Ranch/Casamira Valley and east of the City Limit line. (APNs: 985-0028-003-02 & 985-0028-003-01). A map of the prezoning area is shown below: SECTION 4. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the property are set forth in the following Stage 1 and Stage 2 Development Plan for the Project area which is hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1 Sz Stage 2 Development Plan for Dublin Ranch North Annexation Area (PA 08-045) This is a Stage 1 and Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 1 and Stage 2 Development Plan and is adopted as part of the PD-Planned Development prezoning for the Dublin Ranch North project, PA 08-045. The Stage 1 and Stage 2 Development Plan consist of the items and plans identified below. The PD-Planned Development District and this Stage 1 and Stage 2 Development Plan provide flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 15 ~-5~ 1. Statement of Uses: A) PD Estate Residential. Intent: Estate Residential Zoning District: typically ranchettes and estate homes are within this zoning district. Assumed household size is 3.2 persons per unit. Intensity: 0.01 - 0.8 dwelling units per acre Permitted Uses: Animal Keeping, Residential pursuant to the Dublin Zoning Ordinance (including horses and other large animals) Community care facility/small Emergency Vehicle Access Roads Garage/Yard Sale Home occupation (in accordance with Chapter 8.64 of the Dublin Zoning Ordinance) Secondary units (in accordance with Chapter 8.80 of the Dublin Zoning Ordinance) Single-family dwelling Small family day care per Chapter 8.08 of the Dublin Zoning Ordinance Open Space Water Quality and retention facilities, which treat the on-site storm water run-off, and are therefore limited in their size and function Similar and related uses as determined by the Community Development Director Conditional Uses: Animal keeping -Commercial (Zoning Administrator) Large family day care (in accordance with Chapter 8.12 of the Dublin Zoning Ordinance) Riding Academy (Zoning Administrator) Secondary Units (that are not in conformance with Chapter 8.80 of the Dublin Zoning Ordinance, Zoning Administrator) Common recreation facilities, such as tennis courts and pools that are shared by all Dublin Ranch North homeowners (Zoning Administrator) Accessory Structures Uses: Residential Accessory Structures and Uses are permitted as long as they follow the Architectural Design Principles as set forth below in this Stage 1 and Stage 2 Development Plan. Any use or structures not covered by these principles shall follow Section 8.40 of the Dublin Zoning Ordinance. Temporary Uses: Temporary construction trailer (in accordance with Chapter 8.108 of the Zoning Ordinance) Tract and sales office/model home complex (in accordance with Chapter 8.108 of the Zoning Ordinance) 4 -~ ~s~ B) PD Open Space. Intent: Open Space lands are those shown as open space on the Stage 2 Site Plan below. Permitted Uses, including but not limited to: Future Conservation Easement Area: Agriculture and grazing Streams and drainage protection corridors Wildlife habitat preservation areas Similar and related uses as determined by the Community Development Director that are not inconsistent with any applicable Conservation Easement. DSRSD parcel: DSRSD Water tank & access road Prohibited Uses: Paving or otherwise covering of the protected property with concrete, asphalt, or any other impervious paving material, grading, filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, sands, gravel or other material on or below the surface, altering the surface of general topography, including building of roads or construction of permanent structures except as provided in the Conservation Easement. No structures are allowed in the Conservation Easement. 2. Dublin Zoning Ordinance -Other Applicable Requirements: Except as specifically modified by the provisions of this Planned Development District ordinance, all development in this Planned Development District shall be subject to the regulations of the closest comparable zoning district as determined by the Community Development Director and the Zoning Ordinance. 3. Site Plans. Stage 1 Site Plan: =----r--------_... I P:,~;s~ ESTATc RESIDENTIAL 3D_4t ac_ gross OPEN Sr~ACE 1-~_3_-ac. G,, ' gross •~L` I ~x t~~'t~ `~ '\ T~ i ~\. ~ilvcra ~~~ : "~ A& Stage 2 Site Plan: ~ i t i 1 ~l\ pp~ry ~ ~ SPACE it +:i vc«n ~ I , ~Gv k ~ '' r. ~. J.iff..-- QT'l, F p ~ ~,o si € cw€xap~cs 1 asrtso ~ t ~~ ~ i ~.._..._...,.,..,.._._ ... _ ~L. r~vm~e~ aw~ «. i~ ~ 5~ 4. Site Area, Proposed Densities, Maximum Number of Residential Dwellings. Dublin Ranch North Proposed PD Prezone Land Use Plan Acres (net & gross) Lots/Units Density (du/ac) (net & ross) Estate Residential 30.4 4 .13 Open S ace 127.3 - - TOTAL 157.7 4 N/A 5. Development Regulations. Estate Residential: Maximum Lot Covera e(E> 10% Maximum Number of Residential Lots 4 Maximum Buildin Hei ht (J)(K)(L) 38' Maximum Stories (F) 3 Minimum Lot Size 1 Acre Minimum Front Setbacks (A)(B)(H)(I)(N) Livin Space 20' Porch or Balcon 15' Front Facin Gara a 25' Swin -in Gara a 20' Minimum Side Setbacks (A>(B>(H>p)(N) 10' Minimum Rear Setbacks (A)(B)(H)(I)(N) 20' Other Requirements Accesso Structure Setbacks (n) Parkin Spaces Required Per Lot 2 covered and 1 uest (on-site Development Regulations: (A) Front setbacks are measured from the edge of the pavement of the private driveway. Rear and side setbacks are measured from the property line. The primary residence shall be located within the primary building envelope (shown in hatch marks on the graphic below). Accessory structures may be located in the primary building envelope or the building .envelope (shown in light gray on the graphic below). (B) Encroachments into setbacks include items such as, but not limited to, roof overhangs, air conditioning condensers, entry stairs, exterior building stairs, porches, chimneys, bay windows, and media centers may encroach up to two feet or more into the required setback provided there is a minimum of 36 inches of unrestricted access on one side of the building. Air conditioning condensers cannot be placed in the front yard. All utilities are to be screened from public view via walls, enclosures, roof placement, etc. 1~1 x{-51 (C) Any accessory structure over 240 square feet located outside of the primary building envelope shall be approved by a Site Development Review Permit by the Community Development Director. (D) Residential accessory structures located within the primary residential envelope shall be permitted in accordance with the Zoning Ordinance. (E) Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures includes all land covered by the principal buildings, garages and carports, permitted accessory structures, second units, covered decks and gazebos, and other enclosed and covered areas; but not roof overhangs, cornices, eaves, uncovered decks, swimming pools, tennis courts and paved areas such as walkways, driveways, patios, exterior stairs, uncovered parking areas or roads. (F) Subject to Building Code requirements for access. (G) External retaining walls up to four feet in height may be used to create a level usable area. Walls over 30 inches in height are subject to safety criteria as determined by the Building Official. (H) Setbacks subject to review and approval of Building Official for Building Code and Fire Code Issues. (I) On grade stairs and approaches can be located within setbacks. (J) Building height for a flat pad is measured as the distance from the adjacent ground surface to the perpendicular point of the roof edge. Building heights for a split pad and sloped lot is measured as the distance from the finished grade to the perpendicular point of the roof edge as shown in the graphic below. ~'' ~, °. ~t~ ~ ~. ; •, . - ~~ - - - ~~ (K) Buildings may not project above the north-south ridgeline running along the eastern portion of the estate residential parcels. (L) Accessory structures shall be measured in the same manner as the primary residence and shall be a maximum of 15 feet except that a barn or a detached s ao ~ 51 garage with a secondary unit above may be up to a maximum height of 38 feet. 6. (M) Agricultural accessory structures include, but are not limited to; stable barns, pens, corrals, greenhouses or coops are permitted by a Site Development Review Permit by the Community Development Director. (N) Accessory Structures, with the exception of driveway gates, will be placed within the setbacks provided in the Site Development Standards and will follow the same setbacks as the principal structure. (O) Grading will be required on approximately 10 acres of the 157.7 acre site. This includes approximately 7 acres to create the access road, building pads and utilities, and an additional 3 acres for remedial grading as recommended by the geotechnical engineer. The approximate limits of grading are shown on the graphic on page 7. Project Entry, Fence & Wall Standards. Project Entry & Streetscapes. The entry to the Dublin Ranch North neighborhood is located off of Cydonia Court in the Silvera Ranch Phase 4 Residential Development. The entry may have a gate that will provide access to the private driveway for residents, their guests and service providers. Entry: • The entry shall be a driveway entrance off of Cydonia Court at 20 feet in width. • Five feet of landscaping shall be provided on either side of the entry driveway. • The 5 feet of landscaping provided on either side of the private driveway entrance will be planted with a hydro seed mix or with low water planting. ENTRY s~LVERA sr ~, ~~T ~ ~C3T - nnA~~~caxES~ GATE ENTRY i GATE _, e-. #~ ~. f ,~ __ ~ ~l~l~=` , ~~~ 11il l l ~ ~ ~r ~ ~ ~ ~ ~; --- . ii ~~~. ''~ y...rs____ F....~ PF21V,4T"E C~FtlVE Gate: • If provided, the gate may span across the 20 foot private driveway. • A minimum 6 foot fence will extend from the gate to the property line in the same material and height as the fence. • The gate may be 6' in height and shall consist of a metal material. • Visitor access would be provided by a gate call box located to the north side of the driveway. 9 a~ X5'1 • The gate shall include a Knox box for Fire and Police access. • Gate design shall allow 20 feet clear across access drive for vehicles. Mailboxes: • The mailboxes should match in style and color to the gate call box. Entry Monumentation: • If provided, entry monumentation/signage shall be placed within the 5 foot landscaping area on either side of the drive. • Entry monumentation shall blend with the gate and mailboxes to create a distinct character for the project. Private Driveway: • The private common driveway (which accesses the 4 lots) shall be 20 feet in width. • A bioswale shall be provided on the eastern side of the driveway to treat storm water runoff from the site, as grades permit. • Large canopy trees shall be planted in informal clusters on the eastern side of the driveway at the time that the primary residence is constructed. • Provision of landscaping other than the large canopy trees and the bioswale will be the responsibility of the homeowner. • Three parking bays with a total of 5 parking spaces shall be provided along the eastern side of the private driveway. This is in addition to the required on-site parking. The parking bays shall be built with gravel and overlaid on the area that the bioswale runs. The bioswale will terminate at an inlet, and flow through a pipe in these locations before being released on the other side of the parking bay. A 1 foot swale behind the parking bay shall be provided for storm water collection and will flow into the bioswale. '. a'~=~ ~.~ f ~ ~ 43s' . ~ ' ~~.. h ` r» ''~ i ' ~ #~' , ~ ~ l- 'iL ~ ~,; I~l.C~G. Pik{YA~'~ CIV~ ^` `` E31W~tl.E ,'~ET~I4~FC 1~ as ~- 5~ ~- ~- ~ r ,' ' ~ ,~ !~'--ax ~ ~s . ~ . ~ ° ';~'~: ~s. ~~~ ,~ ~ r~i r,'1^F i `x~ a ~~. ^l X e'2,'G,~1F. 8Lf}C. PRI'YATE DR11t1~ RAR~IEV~' ~W SET~AaC Fences and Walls: • Fences on the lower portions of the lots (west of the private drive) shall be transparent and blend into the environment. Acceptable fences include but are not limited to rail fences, view fences and wire fences. Fences such as a privacy fence and walls are acceptable when located between structures on adjacent lots to provide privacy. • Fences on the upper portions of the lots (east side of the private drive) shall be transparent and blend into the environment. Acceptable fences include but are not limited to rail fences, view fences and wire fences. Privacy Fence/VI/all: o A minimum of 15 feet shall be provided behind the front facade before this fence/wall occurs. The fence/wall shall not exceed 15 feet beyond the rear elevation of the primary residence. o The fence shall be a maximum of 8 feet tall. o Materials shall include wood, synthetic wood (resin based) and masonry. E~" weir ,,~.~ X15 ~" ~ 4" ~" v,e. l 1 ', `~' _~ ,~ 11 a~~ ~- ~-, View Fence: o The fence shall be a maximum of 6 feet tall. o Fence shall be made of metal and shall be black in color. o If provided along the side property line, the fence shall be a minimum of 15 feet behind the front fagade of the home. ,~ 4" a 4° POST ~' ~.c. 4 Rail Fence: o The fence shall be a maximum of 4 feet from the finish grade to the top of the rail. o If the fence is provided for animals, such as horses, the fences can be increased to 5 feet in height. o The rail fence can be used in the front yards and along the side yards- of homes as a landscape element. o Pilasters can be used as an additional element with the rail fence. o Rail fences shall be white or a natural wood color. Agricultural Fence (barbed wire fence): o Agricultural fences shall be used along the edge of the lots and the open space. o Steel posts shall be 6 feet in Height and placed with 1 foot 6 inches in the ground and 4 feet 6 inches above grade. The fence shall have four lines of wire, 3 barbed and one smooth. o The barbed wire. shall be 12-gauge, with the barbs spaced evenly at 6" apart. o The smooth wire shall be 12-gauge and shall be the bottom wire. 12 a~l ~-5-, ~~.~ ......... ............... ____. .._........................... ~~~~~~~~ ,. C ~~`i' L 'K ~ k ~i. f~ ... ~~ ~~ J1RW i Ci 'J GAITGE ~~ ~~ '~' ~' Retaining Walls: o Retaining walls can be used to help with grading and retaining the natural landform. o Retaining wall height shall be minimized, with 30 inches being the preferred height. o Retaining walls shall have a maximum height of four feet. o If retaining more than six feet of dirt, two retaining walls shall be required. The retaining walls shall be placed five feet apart and shall not exceed four feet in height. o All retaining walls shall be made with high quality design and materials. o Retaining walls shall be designed to match the architectural style of the residence with similar colors and materials or blend in with the environment if located away from the building. o Finishes on retaining walls must continue down to 4 inches of grade or 2 inches of adjacent paved surface. Utilities: • Utility boxes shall be screened with landscaping as allowed by the utility companies. • Underground facilities should be used where practical. 7. Phasing Plan. The access road, utilities and building pads of the Dublin Ranch North project will be developed in one phase. Timing for development will depend on market demand and the provision of access and utilities from adjacent properties. All necessary site grading, storm drainage, sewer and water improvements shall be provided in a timely manner and concurrent with development. The 4 custom homes may be developed by a single developer or by multiple developers. 13 a5 ~- 5~ 8. Landscape Plan/Private Lot Landscaping/Bioswale. Landscape Plan: 4 ~, . ;;t -f ~,., ,: ~~ :i ~ ~i - ;~~ 2 ~ ~~`~ - - ~ ~~ ,u is y - - ~ :'.OPEN. ~ SPACE' ~ ~ 3 _ 1 ~~~~«~~~n~ _ _ ~ .~, _ :g- , ,, / ~%. ~~~ - LEGEND _ ' .~'~ - I ~ ~ P.rvere dNa Tree {b 4P.neLn dulm) / !-~~ ~... - -~ - Oreva Prkmp:ace -. '~ N07E Iiwpislund Pii+m 6'veweY eeea rnM W^b .oe,~~ wuo~_e a ro~ c .ne ~ . mu~o neroweuM area is wirr. Bioswale: The bioswale is designed to collect and treat storm water on site. The bioswale is located on the east side of the private driveway. The private driveway shall be sloped to drain into the bioswale as well as drainage from roofs and yards, as grades permit. The storm water will be treated through the bioswale and then enter the storm drain line through catch basins at each property line. The project storm drain line will then connect to the storm drain stub provided in Cydonia Ct. Landscaping within the bioswale shall be native or other adaptable plants that can take high water intensity as well as drought tolerant in the warmer months. Private Lot Landscaping -Landscape Design: • All paving materials for walks, patios, courtyards and decks shall compliment the architecture style of the home. • Required street trees must be planted, irrigated, retained and maintained in good health by the homeowner. • A maximum of 40' along the lot frontage can be a paved surface; this can be used for a driveway, entry walk, etc. Asphalt driveways and entry walks are not permitted. • A maximum of 30% of the front yard landscape may be planted in lawn. Shrubs and ground covers are encouraged. • Plantings must follow the City of Dublin Wildfire Management plan in spacing and plant types as appropriate. • Ornamental plantings shall have an automatic irrigation system installed and maintained by the homeowner. • Drought tolerant and native plants should be considered for planting design. 14 ~~ ~~ Undeveloped Land: • Land within the residential parcels that is not developed or landscaped and has been graded shall be hydro seeded to control erosion and provide cover. Fire Management: • Since the residential lots will be adjacent to permanent Open Space, fire buffers and structures adjacent to the open spaces shall be designed in accordance with the City of Dublin Wildfire Management requirements. 9. Architectural Design Standards. • .Provide high quality architecture that is built utilizing authentic architecture styles and elements. • Allow flexibility of architectural design and style for each homeowner. • Require that the appropriate scale and proportion of architectural elements and the selection of details are used to provide authenticity of style. • Roof forms, materials and building massing shall be used to establish recognizable style. • Detail elements should be provided to enhance the character of the style. • Materials shall be of a high quality. Fire Management: o Housing materials, designs and placement should be carefully considered and shall follow the City of Dublin's Wildfire Management Plan. Materials should be non-combustible when possible and size treatments and coatings as well as sizes of wood elements should be considered. Building Mass and Form: o The general form of the building should follow the architectural style of the home and visual interest should be provided by articulations of the wall planes to provide interest and scale. o One and two story elements and forms should be combined to break up massing. o Box forms should be avoided and the second story shall not completely overlay the first floor. o When authentic to the architectural style variable fagade setbacks should be provided. o Facades of homes that are visible from Fallon Road or Tassajara Road shall incorporate a horizontal or vertical massing break. o If a stepped pad is used, varying heights of the stores of the home shall be used. Fagade Detail Elements: o All fagade elements shall be appropriate to the architectural style of the home. To enhance the building fagade and increase interest elements such as covered porches, entry alcoves, windows and other details should be used. o The entry shall be articulated as the focal element of the front fagade. o Alcoves or project overhangs as well as different articulations can be used is a~ ~ 5~ to cast shadows. o If a stepped pad is used the downslope wall shall be articulated and include facade elements that the rest of the home incorporates. This can include windows, balconies, wall articulation and other elements. o Enhanced trim and details shall be used to emphasize doors and windows. o Window treatment and details such as shutters, awnings, louvered vents, horizontal banding, and false shuttered windows should be used to enhance the exterior of the building if appropriate to the building style. o Fagade elements shall be provided on all sides of the home. Roof Lines/Roof Forms: o Roof forms shall be consistent with the architectural style of the home. Hip, gable, shed roof forms or a combination thereof, may be utilized. o Dormers and similar elements are encouraged to be used to provide interest. o Dual pitch roof forms such as Gambrel or Mansard shall not be used. o If asphalt composite shingles are used they shall be 50 year architectural grade. o Principal roof forms shall have a minimum roof pitch of 3'/2:12. o Extended overhangs are allowed if designed properly and are authentic to the architectural style. o If covered porches are provided, roof pitch can vary. Material shall be consistent with the roof material or house materials. o A variety and balance of hip and gable forms shall be provided to avoid repetitious elements within the community. Garage Design: o The landscaping, entries and overall residential structure shall be the primary emphasis of the street view. o Garages shall be concealed or be de-emphasized, which can be accomplished by utilizing swing in garages, adding windows and other architectural treatments to the garage doors, detached and setback garages, recessing garage doors and adding porte cocheres or trellis' forward of the garage door. o Deeper front yard setbacks than the required 20 feet are preferred. o No more than two car garage doors shall be on the same plane. An additional door, if provided, shall be offset by a minimum of 2 feet. o A maximum of three car doors may be front facing onto the private driveway. o A maximum of four garage doors are permitted if in swing in garages. o Garage °doors materials should reflect the architectural style of the home. o Roll up doors shall be used. o Windows within the garage door are encouraged. o Colors should complement the color palette. o Garage doors that face the front shall be recessed a minimum of 6 inches to decrease the visibility of the door if appropriate to style. 16 ag ~5~ Materials/Colors: o The materials and colors for Dublin Ranch North are encouraged to blend with the natural setting and to complement the surrounding environment. o Materials shall be of a high quality and compatibility with other homes within the development. o Materials and colors shall be applied to all four sides of the home, and match that of the front elevation of the home. o Material changes shall occur at an inside corner or a logical transition point such as chimneys, projections or recesses. o Stone in natural hues, naturalistic finishes and patterns are preferred. o All materials shall comply with the City of Dublin's Wildfire Management Plan as appropriate. o Colors should be natural earth tones and are encouraged to mimic and blend with the surrounding colors of the site. o Prohibited colors and materials include bright metals that do not patina or are not matte finished and colors that are bright or occur in non-traditional tones, such as pink, bright yellows, purple or blue. Windows/Doors/Other Detailed Elements: o Windows, doors and other elements shall follow the architectural style of the home and be made with high quality design and materials. o Four sided architecture shall be used, and windows, doors and other elements shall be used on all facades of the home. o Windows shall have a minimum width of four inches of foam trim, a minimum four-by nominal lumber dimension of wood trim, or be recessed by a minimum of four inches. o The entire door assembly should be treated as a single design element including casing, trim, molding and glass sidelights if provided. o Door colors shall complement the rest of the house either through contrast of the trim color or matching; it should be a different color than the wall color. o Skylights and other roof windows are allowed as long as they are designed to be an integral part of the roof with clear or bronzed glazing and framework that matches the roof or trim of the house.. Lighting: o Lighting is encouraged to enhance the architectural and landscape features and provide safety. o No on-site pole lights shall be allowed on lots. o Flood lights are not allowed unless they are shielded from the neighbor and private drive and provided with a motion detecting sensor. o The number of exterior lighting fixtures shall be limited to lighting landscaping and for safety. o All lighting shall be installed to not intrude on the neighboring property or project into the night sky. Utilities: o All on-site utilities shall be screened either via walls, roof placement, enclosures, etc. Mechanical equipment such as air conditioners, heaters, etc. shall not be placed on the roof or in the front yard of the home. t~ a~ ~-5~ 10. Statement of Consistency with General Plan and Eastern Dublin Specific Plan. The PD prezoning and related Stage 1 and Stage 2 Development Plan are consistent with the General Plan and Eastern Dublin Specific Plan as amended through Resolution approving the companion General Plan and Specific Plan Amendments. 11. Inclusionary Zoning Ordinance. This project provides only four (4) units; this project is exempted from complying with the Inclusionary Zoning Ordinance ~ per Section 8.68.030.A. 11. Access. Access to the proposed 4 residential lots shall be provided from the Silvera Ranch development by way of Cydonia Court (planned future street). Cydonia Court is an eastward bearing cul-de-sac and provides access and utilities to the project area. Cydonia Court has two emergency vehicle access points. From this cul-de-sac, a single residential driveway will serve the four Dublin Ranch North lots. 12. DSRSD Parcel. The DSRSD parcel is included in this Planned Development for purposes of prezoning and annexation. No development is authorized beyond that existing at the time this Ordinance is effective. 13. Maintenance of Open Space • The majority of the site is designated as open space (126.8 acres) and will be a permanently managed environmental area. Grading for development will not occur within the open space parcel. • If planting occurs within the Open Space areas it shall be native plants as practical and as accepted by the various environmental agencies. • No trails or other development will occur on the Open Space parcel. • The Open Space parcel within the conservation easement will be managed consistent with a Mitigation Monitoring Plan approved by various agencies. • Maintenance of these managed environmental areas is privately funded by a land trust. • These lands have been designated as a mitigation area for development impacts on environmental resources from other areas of Dublin Ranch. This area will provide permanent habitat and/or nesting sites for red legged frogs, California tiger salamanders and golden eagles. is ~o ~- ~~ 14. Maintenance Responsibilities. Maintenance for the Dublin Ranch North property will be the responsibility of four separate entities, the Dublin San Ramon Services District (DSRSD), the Open Space Conservation entity, a joint maintenance agreement amongst the homeowners and the individual homeowners. • DSRSD shall own and maintain their 0.5 acre parcel. • The Open Space maintenance shall be the sole responsibility of the Open Space Conservation Easement entity. • A Joint Maintenance Agreement shall be formed amongst the project homeowners to govern the shared costs of the bioswale, the driveway, gate and mailboxes. • The individual homeowner is responsible for maintaining all landscaping and irrigation on their property including all private driveway trees, fences, walls, slopes and lot landscaping. ~ ~ ,~ .,~ ~ 4 Maintained by the Conservation .~~,. ~~<., Easement Entity .a, Maintained by -rrJ-~- < individual ~ ~ ,~ '~ homeowner ~ ~ ,~ ~ ~ ~ • ~ -~_`~ ~ ~ ~ 2 ~~t~PEN, SPACE * ~ '~ ~~ ~ ~ ~ o Maintained by a joint `s ~ ~ ~ ~ ~ ~ ~ ~ {FIFTElR~ GON~f7YATfON o fl3 maintenance : EAS~t~nrt} ~ ©<C agreement (formed ~ ,~' ' of the homeowners) ~ ~~` 1 31 ~ 5~ 15. .Aerial Photo. An aerial photo of the site is shown below. SECTION 5. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the Dublin Zoning Ordinance except as provided in the Stage 1 and Stage 2 Development Plan. SECTION 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this 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. Zo 3a ~ 5, PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of December, 2009, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:IPA#120081PA 08-045 Dublin Ranch North GPA InitiationlCity Council 12.15.091CC Ordinance for Dublin Ranch North PD. doc 21 33 51 ORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN RANCH NORTH BETWEEN THE CITY OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN APN: 985-0028-003-02 PA 08-045 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Dublin Ranch North Annexation Area ("Project") includes General Plan and Specific Plan amendments to modify the land use designations from Low Density Residential and Rural Residential/Agriculture to Estate Residential and Open Space and reduce the overall density of the site, approval of a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan for the 157.7 acre project site and a Vesting Tentative Tract Map to subdivide 157.2 acres into 5 lots. B. Pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency prepared a Mitigated Negative Declaration for the Dublin Ranch North project entitled "Initial Study/Mitigated Negative Declaration" dated October 2009 and incorporated herein by reference, and circulated it for review. The Planning Commission reviewed the Mitigated Negative Declaration and adopted a Resolution incorporated herein by reference, recommending that the City Council adopt the Mitigated Negative Declaration. C. A public hearing on the proposed Development Agreement was held before the Planning Commission on November 10, 2009, for which public notice was given as provided by law. D. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement. F. A public hearing on the proposed Development Agreement was held before the City Council on December 1, 2009 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at its November 10, 2009 meeting, 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. Page 1 of 3 ATTACHMENT 3 3'~ ~- 5~ 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 Mitigated Negative Declaration, (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Project is consistent with the objectives, policies, land uses and programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan as amended in that (a) the proposed General Plan and Specific Plan land use designation for the site are Estate Residential and Open Space and the proposed project is a project consistent with those land uses, (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services, (c) the project is consistent with the Stage 1 and Stage 2 Planned Development Zoning proposed for Dublin Ranch North, and (d) the Dublin Ranch North Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Dublin Ranch North Development Agreement 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 approvals include Annexation into the City of Dublin, General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan and a Vesting Tentative Tract Map. 3. The Dublin Ranch North Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the project will implement land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan which have planned for residential uses at this location. 4. The Dublin Ranch North Development Agreement will not be detrimental to the health, safety and general welfare in that the project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. The Dublin Ranch North Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan and with the Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A) and authorizes the Mayor 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. Page 2 of 3 `~5 ~- 51 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 15th day of December, 2009 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2008\PA 08-045 Dublin Ranch North GPA Initiation\City Council 12.15.09\CC Ordinance DA.DOC Page 3 of 3 3~ ~-51 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 BOO pl7 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN FOR THE DUBLIN RANCH NORTH PROJECT EXHIBIT A TO ATTACHMENT 3 2~ ~~ THIS DEVELOPMENT AGREEMENT (this "Agreement" or this "Development Agreement") is made and entered in the City of Dublin on this 15th day of December, 2009, by and between the City of Dublin, a Municipal Corporation (hereafter "City") and Hong Yao Lin (also known as Kevin Lin) and Hong Lien Lin (also known as Frederich or Frederic Lin) (hereafter collectively referred to as "Developer") pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. City and Developer are, from time-to-time, individually referred to in this Agreement as a "Party," and are collectively referred to as "Parties." RECITALS A. California Government Code §§65864 et seq. ("Development Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into a Development 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 is the owner of certain property presently outside of the City's boundaries but within the City of Dublin's sphere of influence described more particularly in Exhibit A ("the Property"), which is incorporated herein by reference. C. Developer has filed an application with the City to, among other things, authorize the filing of an application to annex the Property to the City and the' Dublin San Ramon Services District, which proposal would require the approval of the Alameda Local Agency Formation Commission. D. Developer proposes the development of the Property, which property is approximately 157.63 acres, with 4 residential units ("the Project"). E. Developer, or its predecessor in interest, has applied for, and City has approved or is processing, various land use approvals in connection with the development of the Project, including, without limitation, a resolution of application for the annexation, a General Plan Amendment, an amendment to the Eastern Dublin Specific Plan, a Stage 1 and Stage 2 Development Plan; and a vesting tentative tract map. All such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the "Project Approvals." F. The City Council adopted the Eastern Dublin Specific Plan by Resolution No. 53-93 which Plan is applicable to the Property. The Eastern Dublin Specific Plan requires Developer to enter into a development agreement as a condition of the development of the Property. Dublin/Lin Development Agreement Page 2 of 16 for the Dublin Ranch North Project December 15, 2009 3~~51 G. Development of the Property by Developer may be subject to certain future discretionary approvals, which, if granted, shall automatically become part of the Project Approvals as each such approval becomes effective. H. City desires the timely, efficient, orderly and proper development of the Project. I. The City Council has found that, among other things, this Development Agreement is consistent with its General ;Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. J. City and Developer have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein. K. [CEQA compliance language to be added.] L. On December 15, 2009, the City Council of the City of Dublin adopted Ordinance No. approving this Development Agreement ("the Approving Ordinance"). The Approving Ordinance will take effect on January 14, 2010 ("the Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. Interest of Developer. The Developer has a legal or equitable interest in the Property in that it is the owner of the property. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the 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. Dublin/Lin Development Agreement Page 3 of 16 for the Dublin Ranch North Project December 15, 2009 3q ~ s~ 4. Effective Date and Term. 4.1. Effective Date. The effective date of this Agreement shall be the Approval Date. Notwithstanding the foregoing, this Agreement shall not become operative until the Property is annexed to the City. 4.2. Term. The term of this Agreement shall commence on the Effective Date and extend five (5) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this 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 (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement (such amendments once effective shall become part of the law Developer is vested into without an additional amendment of 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 the 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 and incorporated herein by reference. 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 other approvals from regulatory agencies.) 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 Dublin/Lin Development Agreement Page 4 of 16 for the Dublin Ranch North Project December 15, 2009 '-lo ~ 51 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 over time for financing of necessary public facilities. See Exhibit B 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, governing 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 of the Agreement. 6.2. Rules Regarding Design and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement, 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 at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the date of this Agreement. 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 of the applicable discretionary approval, whether date of approval is prior to or after the date of this Agreement. Dublin/Lin Development Agreement Page 5 of 16 for the Dublin Ranch North Project December 15, 2009 x-11 ~- 51 6.3. Uniform Codes Applicable. Unless expressly provided in Paragraph 5 of this Agreement, the Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, or other construction permits for the Project. 7. Subsequently Enacted Rules and 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 of this Agreement 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 land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms; restrictions, and requirements expressly set forth herein. 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 the 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, the 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 Government Code § 8558. 8. Subsequently Enacted or Revised Fees, Assessments and Taxes. 8.1. Fees, Exactions, Dedications The 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, Dublin/Lin Developmenf Agreement ~ Page 6 of 16 for the Dublin Ranch North Project December 15, 2009 ~I a ~ 5~ 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, subparagraph 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 only; and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay 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 the 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 Constitution and Developer does not return its ballot, Developer agrees, on behalf of itself and its successors, that the 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 of this Agreement 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 subject to approval 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 hereto and in accordance with the procedures of State law and Chapter 8.56. 9.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding paragraph 9.2, any amendments to this Agreement which do not relate Dublin/Lin Development Agreement Page 7 of 16 for the Dublin Ranch North Project December 15, 2009 x-13 ~ 5~ to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted uses of the Property as provided in paragraph 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; or (g) monetary contributions by Developer as provided in this Agreement, 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. The 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; or (g) public improvements to be constructed by Developer 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 Paragraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by the City. 10. Term of Project Approvals. 10.1. Pursuant to California Government Code Section 66452.6(a), the term of the vesting tentative 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. 11. Annual Review. 11.1. Review Date: The annual review date for this Agreement shall be between July 15 and August 15, 2010 and thereafter between each July 15 and August 15 during the Term. 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 Dublin/Lin Development Agreement Page 8 of 16 for the Dublin Ranch North Project December 15, 2009 ~~- ~- 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 the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 11.3. Staff Reports. To the extent practical, the City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 11.4. Costs. Costs reasonably incurred by the 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, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in the 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 the City upon an event of default or upon termination of this Agreement. 13. Estoppel Certificate. 13.1. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing 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 so amended, identifying the amendments, 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 therein the nature Dubiin/Lin Development Agreement Page 9 of 16 for the Dublin Ranch North Project December 15, 2009 a5 ~5~ and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of the City shall be authorized to execute any certificate requested by Developer. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that 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. 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, 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. Mortgaqee Not Obligated. Notwithstanding the provisions of Section 14.1 above, .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 Mortgaqee and Extension of Right to Cure. If the 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 the City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by the 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. The City, through its City Manager, may extend the thirty-day cure period provided in paragraph 12.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. Dublin/Lin Development Agreement Page 10 of 16 for the Dublin Ranch North Project December 15, 2009 y~ ~5~ 15. Severability. 15.1. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 16. Attorneys' Fees and Costs. 16.1. If the 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 the City for all reasonable court costs and attorneys' fees expended by the 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, transferor assign to such Transferee any or all rights, interests and obligations of Developer arising hereunder and that 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 without prior written notice to City and approval 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 transfer, sale or assignment within ten (10) days after Developer's notice, provided all necessary documents, certifications and other information 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 (which includes 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 accepfiable to the City Manager, concurrently with such sale, transfer or assignment. 17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Paragraph 17.1 of this Agreement, Developer shall be released from the Dublin/Lin Development Agreement Page 11 of 16 for the Dublin Ranch North Project December 15, 2009 ~~ ~- 5~ obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.4 Developer's Right to Retain Specified Rights or Obligations. Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18, Developer may withhold from a sale, transferor assignment. of this Agreement certain rights, interests and/or obligations which Developer shall retain, provided that Developer specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developer's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations. 17.5 Termination of Agreement Upon Sale of Individual Lots to Public. Notwithstanding any provisions of this Agreement to the contrary, the burdens of this Agreement shall terminate as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the purchaser or user thereof and thereupon and without the execution or recordation of any further document or instrument such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is constructed on such lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall terminate as to such lot. 18. Aareement Runs with the Land. 18.1 All of the provisions, rights, terms, covenants, and obligations contained in this 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 be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, Dublin/Lin Development Agreement Page 12 of 16 for the Dublin Ranch North Project December 15, 2009 ~~ ~~5~ and (c) is binding upon, each party and each successive owner during its ownership of such properties or any portion thereof, and shall be benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 19. Bankruptcy. 19.1. The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemnification. Developer agrees to indemnify, defend and hold harmless the 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 Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of the 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). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 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 aper-occurrence combined single limit of not less. than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar ($100,000) 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. Dublin/Lin Development Agreement Page 13 of 16 for the Dublin Ranch North Project December 15, 2009 yq ~- 5~ 21.3. Evidence of Insurance. Prior to City Council approval of this Agreement, Developer shall furnish the 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. 22.1. 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 the City. 23. Notices. 23.1. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to the 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: Hong Yao Lin and Hong Lien Lin c/o Charter Properties 4690 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: James Tong Fax No. (925) 463-1861 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 given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. ~reement is Entire Understanding. Dublin/Lin Development Agreement Page 14 of 16 for the Dublin Ranch North Project December 15, 2009 ~o ~~1 24.1 This Agreement constitutes the entire understanding and agreement of the parties. 25. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property Exhibit B Additional Conditions 26. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 27. Recordation. The City shall record a copy of this Agreement within ten (10) days following execution by all parties. [Execution Page Follows] Dublin/Lin Development Agreement Page 15 of 16 for the Dublin Ranch North Project December 15, 2009 5i ~- s~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN By: Joni Pattillo, City Manager DEVELOPER Hong Yao Lin (also known as Kevin Lin) Hong Lien Lin (also known as Frederich or Frgc~~`~ic Lin) Attest: Caroline Soto, City Clerk Approved as to form John Bakker, City Attorney Jam Representative Approved ds to Form: Martin W. Inderbit n Attorney for Hong Yao Lin and Hong Lien Lin 1308424.2 (NOTARIZATION ATTACHED) Dublin/Lin Development Agreement Page 16 of 16 for the Dublin Ranch North Project December 15, 2009 5a~5"1 Exhibit A Legal Description of Property Real property in the County of Alameda, State of California, described as follows: The northwest'/4 of Section 27, in Township 2 South, Range 1 East, Mount Diablo Base and Meridian. Excepting therefrom that portion as granted in the deed to Dublin San Ramon Services District, recorded April 13, 2004 as Instrument No. 2004-156119 of Official Records. 53 ~- 51 EXHIBIT B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. Subparagraph 5.3.1 --Subsequent Discretionary Approvals None. Subparagraph 5.3.2 --Mitigation Conditions Subsection 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 the City Resolution approving a vesting tentative map (the "VTM Resolution") shall be completed by DEVELOPER to the satisfaction and requirements of the Public Works Director at the times and in the manner specified in the VTM Resolution and SDR Resolution unless otherwise provided below. (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. (iv) Storm Drainage. Dublin/Lin Development Agreement Page 1 of 5 For the Dublin Ranch North Project-EXHIBIT B December 15, 2009 5~1 D{- 51 (A) General. The storm drainage systems off-site, as well as on-site drainage systems for the areas to be occupied, shall be improved consistent with the tentative map conditions of approval and to the satisfaction and requirements of the Dublin Public Works Department applying the City's and Zone 7 (Alameda County Flood Control and Water Conservation District, Zone 7) standards and policies which are in force and effect at the time of issuance of the permit for the proposed improvements. Pursuant to Alameda County's National Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board, or pursuant to subsequent permits adopted by the Board, all grading, construction and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during. construction, and all activities shall adhere to Best Management Practices. (v) Other Utilities (e.q. 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 for the Project. Subsection b. Miscellaneous (i) Completion May Be Deferred. Notwithstanding the foregoing, the City's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the Public Works Director 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. Subparagraph 5.3.3 -- Phasing, Timing This Agreement contains no requirements that Developer must initiate or complete development of the Project within any period of time set by the City. It is the intention of this provision that Developer be able to develop the Property in accordance with its own time schedules and the Project Approvals. Dublin/Lin Development Agreement Page 2 of 5 For the Dublin Ranch North Project-EXHIBIT B December 15, 2009 55 ~- 5~ Subparagraph 5.3.4 -- Financing Plan Developer will install all improvements necessary for the Project at its own cost (subject to credits for any improvements which qualify for credits as provided in Subparagraph 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. If so required by Dublin San Ramon Services District, Developer will enter into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above. Subparagraph 5.3.5 -- Fees, Dedications Subsection a. Traffic Impact Fees. Developer shall pay the Eastern Dublin Traffic~lmpact Fee ("TIF") established by Resolution No. 111-04, including any future amendments to such fee that may be in effect at the time of issuance of building permits. 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. In order to ensure that certain interest-bearing debt owed by the TIF is repaid in a timely manner so as to reduce costs that would otherwise occur as a result of accrued interest, the City's Administrative Guidelines for Eastern Dublin Traffic Impact Fees (Resolution No. 20-07 ("TIF Guidelines")) require developers to pay a portion of the "Section 1"and "Section 2" TIF in cash, rather than using TIF credits. Developer agrees that it will make the TIF payments in cash as required by the TIF Guidelines in effect at the time of payment. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freeway Interchanges. Developer shall pay the Eastern Dublin I-580 Interchange Fee in the amounts and at the times set forth in Resolution No. 155-98 and by any subsequent resolution which revises such Fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Dublin/Lin Development Agreement Page 3 of 5 For the Dublin Ranch North Project-EXHIBIT B December 15, 2009 s~ ~- 5~ Subsection 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 that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection 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 that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection e. School Impact Fees. School impact fees shall be paid by Developer in accordance with Government Code section 53080 and the agreement between Developer or its predecessor in interest and the Dublin Unified School District regarding payment of school mitigation fees. Subsection f. Fire Facilities Fees. Developer shall pay a fire facilities fee established by City of Dublin Resolution No. 12-03 including any future amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection q. Tri-Vallev Transportation Development 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. Subparagraph 5.3.6 --Credit Subsection a. Traffic Impact Fee Improvements --Credit The City shall provide a credit against Eastern Dublin Traffic Impact Fees to Developer for those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the Dublin/Lin Development Agreement Page 4 of 5 For the Dublin Ranch North Project-EXHIBIT B December 15, 2009 5~~5~ Developer in their ultimate location. All aspects of the credit shall be governed by the TIF Guidelines. Subsection b. Traffic Impact Fee Right-of-Way Dedications -- Credit The City shall provide a credit against Eastern Dublin Traffic Impact Fees to Developer for any TIF area right-of-way to be dedicated by Developer to the 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. Subsection c. Public Facility Fee -Neighborhood Parkland Component City shall provide a credit against Public Facilities Fees to Developer for any neighborhood parkland to be dedicated by the Developer which exceeds the amount required under section 9.28 of the Dublin Municipal Code. Such credits shall be expressed in acres of parkland. All aspects of the credits shall be governed by the City's Public Facilities Fees Administrative Guidelines. (Resolution No. 195-99) Subparagraph 5.3.7 -Miscellaneous The portion of the Property on which the Development is proposed does not presently have access to a public street. The adjacent property owner has received approval of a tentative map, Tract 7441, that includes the improvement and dedication of a new public street, Cydonia Court, that approaches the boundary of the Development. The approved tentative map for the adjacent property also shows a dedication of an access way to the City between the terminus of Cydonia Court and the Property. Because of the relatively small number of lots in the Development, the City does not believe that a public street to serve the development is warranted. Therefore, it is the City's intention to facilitate the granting by the adjacent property owner of a private right of way and utilities easement between the terminus of Cydonia Court and the Property boundary, which intention is reflected in the proposed, but not-yet-recorded, final map for the adjacent property (referred to as Tract 7540). In the event that the City or Developer is unable to secure the granting of such easement, the City will ensure that the dedication shown on the Tract 7441 tentative map can be accepted either at the time of filing of the final map or at some point in the future so that the Property has access to a public street. To the extent necessary, the City will assist in transferring the maintenance responsibilities of the easement area from the Tract 7540 HOA to the Developer of Tract 8016. Dublin/Lin Development Agreement Page 5 of 5 For the Dublin Ranch North Project-EXHIBIT B December 15, 2009