HomeMy WebLinkAboutItem 4.02 Schaefer Rch PD~~~
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 18, 2008
SUBJECT: CONSENT CALENDAR - PA 08-005 Schaefer Ranch South: PD -
Planned Development Rezone with Stage 2 Development Plan for an
81.3+/- acre area, and a Development Agreement.
Report Prepared by Jeff Baker, Senior Planner
ATTACHMENTS: 1) Ordinance approving a PD-Planned Development Rezone with
Stage 2 Development Plan for the project known as Schaefer
Ranch South.
2) Ordinance approving a Development Agreement between the City
of Dublin and .Schaefer Ranch Holdings LLC, with the
Development Agreement included as Exhibit A.
3) City Council Staff Report dated November 4, 2008, without
attachments.
RECOMMENDATION:. 1) Waive .the 2"d reading and adopt the Ordinance approving a PD-
Planned Development Rezone with Stage 2 Development Plan; and
~' 2) Waive the 2°d reading and adopt the Ordinance approving a
a Development Agreement between the City of Dublin and Schaefer
Ranch Holdings LLC.
FINANCIAL STATEMENT: No financial impact at this time. The proposed project is consistent with
the intensity of development that was anticipated for the overall Schaefer
Ranch project. An economic analysis was completed as part of the
original project review. This analysis shows that the proposed project
will not have a negative impact on revenue for the City and that the cost
of municipal services required for the project will not result in a negative
impact to the City's General Fund.
PROJECT DESCRIPTION:
Background
The Schaefer Ranch project is described in the City of Dublin General Plan and is located within the
Western Extended Planning Area. Schaefer Ranch includes approximately S00 acres located at the
westerly boundary of the City Limits, north of Interstate 580, and southeast of unincorporated Alameda
County (see Map 1 below). The westerly extension of Dublin Boulevard leads into the project area where
Dublin Boulevard terminates.
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COPY TO: Property Owners ~ L
ITEM NO. ~"
Page 1 of 3
G. IPA#120081PA 08-005 Schaefer Ranch SouthlCity Councillccsr 1 /.18.08 Schaefer South 2nd reading.DOC
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Current Request
Discovery Homes proposes to construct 140 single-family homes (a net increase of 104 homes from the
current Project Approval) at the southwest corner of Dublin Boulevard and Schaefer Ranch Road, and
facilitate future development of the School of Imagination at the southeast corner of Dublin Boulevard
and Schaefer Ranch Road. The overall Schaefer Ranch development would have a total of 406 single-
family homes which is less than the 474 units that were originally approved for the Site. The Applicant
requested approval of the following entitlements in order to permit development of this Project:
1. General Plan Amendment, to modify the existing Estate Residential (0.01-0.8 du/ac) and
Retail/Office land use designations to Single-Family Residential (0.9-6.0 du/ac), and increase the
acreage for Open Space and Public/Semi-Public land uses;
2. Planned Development Rezone with Stage 2 Development Plan;
3. Vesting Tentative Map 8000;
4. Development Agreement; and
5. California Environmental Quality Act Addendum to the Schaefer Ranch Environmental Impact
Report.
On October 14, 2008, the Planning Commission conducted a Public Hearing to review the requested
entitlements. The Planning Commission recommended that the City Council approve the General Plan
Amendment, Planned Development Rezone with Stage 2 Development Plan, Development Agreement,
and California Environmental Quality Act Addendum. The Planning Commission also approved Vesting
Tentative Map 8000 to subdivide 41.5+/- into 140 residential lots. Planning Commission approval of the
Vesting Tentative Map is subject to the City Council approval of the General Plan Amendment, Planned
Development Rezone and California Environmental Quality Act Addendum.
On November 4, 2008, the City Council conducted a Public Hearing and adopted a Resolution approving
the California Environmental Quality Act Addendum and a Resolution amending the General Plan land
use designations for the Schaefer Ranch South project. The Planned Development Rezone and
Development Agreement are adopted by Ordinance. The adoption of an Ordinance requires two readings
before the City Council. On November 4, 2008 the City Council waived the first reading and introduced
the Ordinance which would approve the Planned Development Rezone with Stage 2 Development Plan
and introduced the Ordinance which would approve the Development Agreement between the City and
Schaefer Ranch Holdings LLC. Please refer to the City Council Staff Report (Attachment 3) for
additional information. The City Council is currently requested to hold the second reading and adopt the
proposed Ordinances.
Page 2 of 3
Map 1: Vicinity Map
RECOMMENDATION:
Staff recommends that the City Council take the following action: 1) .Waive the 2°d reading and adopt the
Ordinance approving a PD-Planned Development Rezone with Stage 2 Development Plan; and 2) Waive
the 2°d reading and adopt the Ordinance approving a Development Agreement between the City of Dublin
and Schaefer Ranch Holdings LLC.
Page 3 of 3
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ORDINANCE NO. XX - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT
PLAN FOR THE PROJECT KNOWN AS SCHAEFER RANCH SOUTH
(APNs 941-2832-031 to 032, 941-2835-001 to 003, and 052 to 075, and
941-2837-002 to 003, and 010 to 021)
PA 08-005
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
A. By Ordinance No. 15-96, the City Council rezoned the approximately 500-acre Schaefer
Ranch project area generally located at the westerly boundary of the City Limits, north of
Interstate 580 (I-580), and southeast of unincorporated Alameda to the Planned Development
Zoning District (PA 96-037).
B. By Ordinance No. 11-06, the City Council rezoned the approximately 500-acre Schaefer
Ranch project area generally located at the westerly boundary of the City Limits, north of
Interstate 580 (I-580), and southeast of unincorporated Alameda to the Planned Development
Zoning District (PA 06-031) and adopted a Stage 2 Development Plan for the entire project
area.
C. This Ordinance replaces the Stage 2 Development Plan for that portion of the area located at
the southwest .corner of Lublin Boulevard and Schaefer Ranch Road approved in Ordinance
No. 11-06 by the City Council on August 1, 2006 (APNs 941-2832-031 to 032, 941-2835-
001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021).
SECTION 2. FINDINGS AND DETERMINATIONS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as
follows:
The Planned Development (PD) Rezone with Stage 2 Development Plan, meets the purpose
and intent of Chapter 8.32 of the Zoning Ordinance because: 1) it provides a
comprehensive development plan for Single-Family Residential and Open Space; and
2) it creates a functional use of land that is sensitive to surrounding land uses in terms
of layout, design, and conformity to the existing topography.
2. The PD Rezone with Stage 2 Development Plan will be harmonious and compatible with
existing and future development in the surrounding areas because: 1) the land uses and site
plan establish residential uses; 2) the project area is surrounded by similar single-
family residential uses; and 3) the land uses and site plan provide effective transitions
to surrounding development, which is characterized by the proposed vehicular and
pedestrian circulation system.
Attachment 1
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B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds
as follows:
1. The PD Rezoning, with amended Stage 2 Development Plan, will be harmonious and
compatible with existing and future development in the surrounding areas because: 1) the
residential uses identified in the PD are consistent with the General Plan land uses; 2)
the Stage 2 Development Plan maintains the low intensity of uses and open space on
steeper slopes adjacent to I-580; and 3) the land uses and site plan provide effective
transitions to surrounding development which is characterized by the proposed
vehicular and pedestrian circulation system.
2. The project site is physically suitable for the type and intensity of the zoning district
being proposed because: 1) the project has been designed to accommodate the
topography of the Project site which is characterized by vacant, rolling hills; 2)
development is concentrated in the less constrained areas with open space designations
in the more constrained areas; 3) the open space designations help to protect
constrained areas; and 4) the flexibility of the proposed PD district allows development
to be tailored to onsite conditions.
3. The PD Rezone with Stage 2 Development Plan, will not adversely affect the health or
safety of persons residing or working in the vicinity, or be detrimental to the public health,
safety or welfare because: 1) the Stage 2 Development Plan has been designed in
accordance with the City of Dublin General Plan; and 2) future development will comply
with all applicable development regulations and standards and will implement all adopted
mitigation measures.
4. The PD Rezone with Stage, 2 Development Plan, is consistent with the Dublin General
Plan because: the project includes companion amendments to the General Plan.
C. Pursuant to the California Environmental Quality Act, the City Council finds as follows:
1. Pursuant to the California Environmental Quality Act (CEQA), the City Council
adopted Resolution 76-96) certifying the Schaefer Ranch Environmental Impact Report
(EIR) (SCH #95033070). The Schaefer Ranch EIR is incorporated herein by reference
and is available for review in the Community Development Department. On
November 4, 2008 the City Council approved Resolution 203-08 adopting a CEQA
Addendum for the project, which Resolution is incorporated herein by reference.
SECTION 3. ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is
amended to rezone the following property ("the Property") to a PD-Planned Development district:
80.09+ acres located in an area bounded by Dublin Boulevard to the north, I-580 to the south,
Schaefer Ranch Road to the east, and an estate lot with a private residence to the west (APNs
941-2832-031 to 032, 941-2835-001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010
to 021).
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PA 08-005 F ~~~~~_ ~; .u~~~- ~~
Planned Development Zoning Area Map
SECTION 4. STAGE 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the Property are set forth in
the following Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 2
Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its
successors.
1. Statement of compatibility with the Development Plan. The Stage 2 Development Plan is
compatible with the Development Plan adopted as part of the Planned Development zoning for the
overall Schaefer Ranch development in that the Project is a residential development as planned for in
the PD zoning. The Stage 2 Development Plan establishes standards to encourage innovative
development while ensuring that the goals, policies, and action programs of the General Plan and
provisions of Chapter 8.32 of the Zoning Ordinance are satisfied.
2. Statement of uses. The following uses are permitted for this area:
A) PD Single Family Residential
Intent: Single Family land use designations are established to: a) reserve appropriately
located areas for family living at reasonable population densities consistent with
sound standards of public health and safety; b) ensure adequate light, air privacy
and open space for each dwelling; and c) accommodate single family housing,
including a wide range of units from small-lot and zero-lot units to large lot estate
units.
Intensity of Use: 0.9 - 6.0 dwelling units per acre
Permitted Uses:
a. One-family dwelling
b. Secondary Unit/casita
c. Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning
Ordinance
d. Animal keeping -residential
e. Community care facility/small (permitted if required by law, otherwise as conditional
use)
f. Small family day care home per Chapter 8.08 of the Dublin Zoning Ordinance
g. Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance
h. Paseos and common area landscaping
i. Public utilities, services and facilities necessary to serve the project
j. Similar and related uses as determined by the Community Development Director
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Conditional Uses:
a. Bed and breakfast inn
b. Boarding house
c. Community facilities
d. Community clubhouse
e. Parking lot, only when established to fulfill the residential parking requirements of this
zoning district for use on an abutting lot or lots
f. Plant nursery or greenhouse used only for the cultivation and wholesale of plant material
(wholesale, only)
g. Medical or residential care facility (7 or more clients)
h. Large family day care homes
i. Semi-Public uses
i. Similar and related uses as determined by the Community Development Director
Temporary Uses:
Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and
permit procedures.
B) PD Open Space
Intent: Open Space land use designations are established within the project area. The public
open space areas are intended to provide for the preservation of natural resources,
outdoor recreational activities, and public health and safety. The private open space
areas are intended to provide for similar types of uses, in areas which are owned and
maintained by a private homeowners association. Unless otherwise modified under
this PD approval, all applicable requirements of the Dublin Zoning Ordinance shall
be applied to these land use designations.
Permitted Uses:
a. Public and private recreational trails and maintenance roads
b. Conservation and wildlife habitat preservation areas
c. Public and private utilities, services and facilities and uses necessary to serve the project
d. Similar and related uses as determined by the Community Development Director
3. Stage 2 Site Plan.
The Stage 2 Site Plan for the Project is laid out tole
accommodate hillside slopes and preserve open space as
shown below. The residential portions of the Project are
laid in one neighborhood with lots that range from 4,875-
10,270 square feet.
4 Stage 2 Site Plan
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4. Site area, proposed densities.
Land Use Designation Gross
Acres Net
Acres Number
of Units Gross
Densi Net
Densi
Single-Family Residential 29.70 ac 22.35 ac 140 units 4.71 du/ac 6.26 du/ac
Open Space 50.39 ac 47.22 ac n/a n/a n/a
Total: 80.09 ac 69.57 ac 140 units 4.71 du/ac 6.26 du/ac
5. Development Regulations.
Development Regulations within the PD Single-Family Residential zoning district are as established
in the following table:
STANDARD Minimum Unless Otherwise Noted
Lot Size 4500 sf
Lot Width
• Typical street 45 ft
• Cul-de-sac (measure at right-of--way) 35 ft
Lot De th 100 ft
Lot Coverage
• one-story 45 % maximum
• two-story 35 % maximum
Building Height (two-story maximum) 35 ft
Setbacks
Front Yard
• to living or porch 10 ft
• to front entry garage 18 ft
• to side entry arage 15 ft
Side Yard .
• typical 5 ft
• at corners g ft
Rear Yard 10 ft
Detached 2" Unit/Casita
• Minimum rear yard setback 5 ft
• Maximum building height 17 ft
• Roof design Hip. Except a gable element may be used where
second unit/casita does not abut another lot on the rear
property line.
• Roof pitch Minimum 4:12 sloping away from all property lines
so as to not overpower the adjacent neighbor.
• Architectural design Consistent with main building including all materials.
All elements of the main building shall be replicated
on the second unit/casita.
• Detached 2"d Unit/Casita Lot Restrictions Not permitted on Lots 36 through 46
Permitted in side yard provided unit does not extended
beyond rear of home on Lots 47 & 48.
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Usable Yard
• size 500 sf contiguous flat
• dimension 10 ft minimum any one side and 15 ft diameter clear
within usable yard.
Parkin S aces a
• Off-street covered (enclosed garage) 2
• additional space (may be on-street) 1
Specific Notes:
(1) Maximum lot coverage regulations are intended to establish the maximum lot area that may be
covered with buildings and structures. Buildings and structures include: All land covered by
principal buildings, garages and carports, permitted accessory structures, covered decks and
gazebos, and other covered and enclosed areas. It does not include: Standard roof overhangs,
cornices, eaves, uncovered decks, swimming pools, and paved areas such as walkways, driveways,
patios, uncovered parking areas, or roads, (Dublin Zoning Ordinance Section 8.36.100).
(2) Residential Building Height: A 35-foot maximum two stories shall be measured from the
finished grade at the midpoint of the building (as shown on a facade or cross section view running
parallel to the slope) to the top ridge of the structure's roof. However, architectural features and
elements may exceed this provision by a 5-foot maximum, and a gable element may exceed this
provision by a 5-foot maximum, subject to approval by the Director of Community Development.
(3> Second Units/casita -Detached
a) A second unit is defined as having akitchen/kitchenette and will require a dedicated parking
space either within a garage or on the driveway.
b) A casita will not include a kitchen and therefore an additional parking space shall not be
required.
Secondary dwelling units/casitas are subject to development standards provided herein and current
Dublin Second Units Regulations (Dublin Zoning Ordinance Section 8.80), except that that maximum lot
coverage shall be 50% for the primary dwelling unit and secondary dwelling unit/casita combined.
General Residential Yard Provisions:
(A) Setbacks -All setbacks are measured from the property line.
(B) Allowable Encroachments -Items such as (but not limited to) air conditioning condensers,
porches, chimneys, bay windows, media centers, etc. may encroach into the required setback
provided that a minimum of 3 feet flat and level path is maintained to provide access past said
items.
(C) Except as prohibited under setback requirements above, roof eaves, pop-outs, architectural
projects, and columns may encroach into required yard area setbacks subject to compliance
with building codes.
(D) Setbacks for accessory structures shall be in accordance with the building code in effect at the
time of construction/installation. Noise generating equipment such as pool and spa equipment
shall be acoustically screened or located outside of the setback area.
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(E) On lots where minimum rear yard clear and level zone cannot be provided due to topography
or vegetation constraints, decks of comparable area shall be allowed and required subject to
Site Development Review.
6. Architectural Standards.
The following five (5) architectural styles are provided in the Stage 2 Development Plan. The
variety of architectural styles will provide visual interest and identity for each neighborhood street.
The architectural elements will be articulated and themed to represent a variety of styles through
color, texture, and massing details. The architectural styles, along with design elements, are
identified below:
California Ranch: The California Ranch style is represented by low pitch roof in a hip, gable, or
Dutch gable configuration with flat, shingle-like roof tiles. Exterior materials include wood siding,
stucco, and board & batten accents combined with brick and stone accents, and post elements at a
front porch. Architectural features include articulated windows, shutters, gables end details with
wood truss shapes, louvers, and exposed rafter details. Colors and materials are light brown and
charcoal blends with varied color accents:
Monterey: The Monterey style is characterized by low-pitched gable roof and cantilevered second
story balconies covered by the principal roof of flat or "S" concrete tile. Wall materials typically are
different for first and second floors generally consisting of extensive. use of brick on the lower levels
with stucco, wood siding, or board and batten above. Architectural elements include simple wooden
posts and railings, shutters, window frames, and gable end accents. Colors are California mission
blends with varied color accents.
Early Californian: Early Californian is distinguished by simple massing and the principal roof
material of concrete barrel tiles representing terracotta in color and form on a hip or gable roof
above shorter overhangs. Stucco finished exteriors are accented by arched doorways, shutters,
wrought iron detailing, and gable end accents. Colors are California mission and brown blends with
varied tone accents.
English Country.• Formal characteristics of the English County style are identified by steeper pitched
roof elements with gable forms, stucco accent walls, use of brick accents, and half-timbered details.
Stone features, bricked archways, decorative corbels, and multi-paned windows give this style its
country image along with the hip and gable roof elements. Colors and materials are lighter charcoal
and brown blends with earthy green tone accents.
Craftsman: The Craftsman style features combinations of wood shingled, board & batten, and
clapboard siding with stone accent bases with square tapered columns. The long, low-pitched gable
roofs of flat the are supported by eave overhangs with decorative wooden braces and exposed rafter
details. Colors and materials are charcoal and gray-brown blends with varied color accents.
7. Preliminary Landscaping Plan.
The Preliminary Landscape Plans are as established in the following Landscape Plans and further
described below. The Preliminary Landscape Plans provide a generalized design layout that clearly
demonstrates the character, massing, and compatibility with the Vesting Tentative Map.
Masonry community walls shall be finished on both sides with materials consistent with those
proposed for the side of the wall facing the public right-of--way.
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SECTION 5. APPLICABLE REQUIREMENTS OF DUBLIN ZONING ORDINANCE
Except as specifically provided in this Planned Development Rezone with Stage 2 Development Plan (PA
08-005), the use, development, improvement, and maintenance of the Property shall be governed by the
provisions of the Dublin Zoning Ordinance pursuant to section 8.32.060.C. The provisions of the existing
Planned Development Zoning for the remaining portions of the Schaefer Ranch project not amended by
this resolution shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.
The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of
California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 18t" day of
November 2008, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G: IPA#120081PA 08-005 Schaefer Ranch SouthlCiry CouncillCC Ord PD Stage 2 Schaefer.doc
10
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ORDINANCE NO. XX - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN AND SCHAEFER RANCH HOLDINGS LLC
(APNs 941-2832-027 to 028, and 941-2835-001 to 003, and 052 to 075, and
941-2837-010 to 021)
PA 08-005
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
A. The portion of the Schaefer Ranch development, referred to herein as the "project", is
approximately 42.7-acres located south of Dublin Boulevard at the intersection of Dublin Boulevard and
Schaefer Ranch Road. The project consists of the area that is subject to Vesting Tentative Map 8000, and
Parcels J and K of Final Map 6765.
B. A Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC
("Developer") has been presented to the City Council, Exhibit A, attached hereto.
C. A public hearing on the proposed Development Agreement was held before the Planning
Commission on October 14, 2008, for which public notice was given as provided by law.
D. The Planning Commission has, by Resolution 08-32, recommended that the City Council
approve the Development Agreement.
E. A public hearing on the proposed Development Agreement was held before the City
Council on November 4, 2008 for which public notice was given as provided by law.
F. The City Council has considered the recommendation of the Planning Commission,
including the Planning .Commission's reasons for its recommendation, the Agenda Statement, all
comments received in writing, and all testimony received at the public hearing.
SECTION. 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein; (b) the City of
Dublin General Plan; (c) the Planned Development Zoning (PA 08-005); (d) the EIR for Schaefer Ranch
(SCH #95033070) certified by the City Council in 1996 by Resolution 76-96; (e) the Addendum to the
previously certified EIR prepared for the Schaefer Ranch South project PA 08-005 adopted by City
Council Resolution xx-08; (f) the Agenda Statement, and on the basis of the specific conclusions set forth
below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, in that: (a) the General Plan land use
designations for the site are Single-Family Residential and Public/Semi-Public; (b) the proposed project is
consistent with the designated land uses; (c) the project is consistent with the fiscal policies of the General
Attachment 2
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Plan with respect to the provision of infrastructure and public services; and (d) the Development
Agreement includes provisions relating to vesting of development rights, and similar provisions set forth
in the General Plan.
2. The 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
Planned Development zoning Stage 2 Planned Development Plan, and Vesting Tentative Map 8000.
3. The Development Agreement is in conformity with public convenience, general welfare,
and good land use policies in that the Developer's project will implement land use guidelines set forth in
the General Plan which have planned for Single-Family Residential and Public/Semi-Public uses at this
location.
4. The Development Agreement will not be detrimental to the health, safety, and general
welfare in that the Developer's project will proceed in accordance with all the programs and policies of
the General Plan.
5. The 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.
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.
SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.
The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of
California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 18th day of November,
2008 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
2
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ATTEST:
City Clerk
Mayor
G:IPA#110081PA 08-005 Schaefer Ranch SouthlCity CouncillCCOrd SchaeferDA.doc
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.RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
SCHAEFER RANCH HOLDINGS LLC
(SCHAEFER RANCH SOUTH, PROJECT)
Exhibit A
Attachment 2
~s~4~
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered
in the City of Dublin on this- day of , 2008, by and between the City of
Dublin, a Municipal Corporation (hereafter "City"), and Schaefer Ranch Holdings
LLC, a California limited liability company (hereafter "Developer"), pursuant to the
authority of §§ 65864 et seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.56.
RECITALS
A. 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 havirig a
legal or equitable interest in such property in order to establish certain
development rights in such property; and
B. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately 42.7 acres of land, located in the City of
Dublin, County of Alameda, State of California, which is more particularly
described in Exhibit A attached hereto and incorporated herein by this reference,
and which real property is hereafter called the "Property"; and
C. Developer proposes the development of the Property with 140
residential units (the "Project"); and
D. Developer has applied for, and City has approved various land use
approvals in connection with the development of the Project, including an
amendment to the General Plan (City Council Resolution No. ), a PD District
rezoning and related Stage 2 development plan (City Council Ordinance No.
and Vesting Tentative Map (Planning Commission Resolution No. )
(collectively, together with any approvals or permits now or hereafter issued with
respect to the Project, the "Project Approvals"); and
E. Development of the Property by Developer may be subject to
certain future discretionary approvals, such as Site Development Review, which,
if granted, shall automatically become part of the Project Approvals as each such
approval becomes effective; and
F. City desires the timely, efficient, orderly and proper development of
said Project; and
G. The City Council has found that, among other things, this
Agreement is consistent with its General-Plan and has been reviewed and
evaluated in accordance with Chapter 8.56; and
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H. 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; and
I. On , 2008, the City Council of the City of Dublin
adopted Ordinance No. approving this Agreement. The ordinance took
effect on , 2008 ("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
owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent.of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree~that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1. Effective Date. The effective date of this Agreement shall be the
Approval Date.
4.2. Term. The term of this Agreement shall commence on the Effective
Date and extend fifteen (15) years thereafter, unless said term is otherwise
terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
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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. Notwithstanding anything to the contrary in this Agreement, the
ordinances, resolutions, rules, regulations and official policies governing
amendments to the Project Approvals shall be those in force and effect on the
Effective Date 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 City) and other terms and conditions of development applicable to
th.e Property, shall be those yet forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3. Subsequent Discretionary Approvals. At Developer's sole
discretion and in accordance with Developer's construction schedule, Developer
shall apply for such other permits and approvals as may be required by other
governmental orquasi-governmental entities in connection with the development
of, or the provision of services to, the Project. City shall cooperate with
Developer in its efforts to obtain such. permits and approvals.
6. Applicable Rules, Regulations and Official Policies.
6.1. Rules re 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 ri-iaximum height, bulk and size of proposed buildings shall be
those in force and effect on the Effective Date of the Agreement.
6.2. Rules re 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.
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6.3. Construction Codes Applicable. .Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance
with the provisions of the City's building, electrical, plumbing, mechanical and
housing codes as provided in Chapters 7.28, 7.32, 7.36, 7.40, 7.44 and 7.48 of
the Dublin Municipal Code 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. Notwithstanding
anything to the contrary in the foregoing, any construction on that certain portion
of the Property referred to as Parcels J and K on the final subdivision map for
Schaefer Ranch (recorded in the Alameda County Recorder's QfFice on -March 8,
2007 as Series No. 2007-99392 in Map Book 297 Pages 1 through 51) shall not,
during the term of this Agreement, be subject to any ordinances, rules or
regulations which would require green or sustainable building design and/or
construction that may be subsequently enacted by the City.
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, materially
delay development of the Property, or impair the rights of Developer as
contemplated by this Agreement and the Project Approvals and (b) if such
ordinances, resolutions, rules, regulations or official policies are uniformly
imposed on all comparable residential projects within the City.
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 City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter- .
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558. In the event of a
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building moratorium imposed as part of a declaration of a local emergency or
state of emergency as described herein, the term of this Agreement shall be
automatically extended for the duration of such moratorium.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1: Fees, Exactions, Dedications City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the General Plan shall
be those set forth in the Project Approvals and in this Agreement.. The City shall
not impose or require payment of any other fees, dedications of land, or
construction of any public improvement or facilities, shall not increase or
accelerate existing fees, dedications of land or construction of public
improvements, or impose other exactions in connection with any subsequent
discretionary approval for the Property, except as set forth in the Project
Approvals and this Agreement.
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 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 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 Effec#ive Date of
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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 D above shall automatically
be extended for the term of this Agreement.
11. Development Impact Fees.
The.Project shall be subject to the City's Public Facilities Fee, Fire
Facilities Fee, Downtown Traffic Impact Fee and Tri-Valley Transportation
Development Fee. Developer shall pay such fees in accordance with the
resolutions adopting such fees.
12. Credit Against Public Facilities Fee
Section 4 of the Improvement Development Agreement for the Schaefer
Ranch Project approved in 1998 provides Developer with a credit of 1.47 acres
which it can use by March 8, 2017 against the Public Facilities Fee obligation for
"Community Parks, Land" and "Neighborhood Parks, Land" for development on
the Property. This credit may also be used against the Project's obligation under
Dublin Municipal Code Chapter 9.28 (the "Quimby Act") for dedication of land,
provided it is used by March 8, 2017.
In addition, Developer shall be entitled to two additional "credits" against
payment of the "Community .Parks, Land," "Neighborhood Parks, Land,"
"Community Parks, Improvements" and "Neighborhood Parks, Improvements"
components of the Public Facilities Fee and the dedication provisions of Dublin
Municipal Code Chapter 9.28 for the Project.
First, Final Map 6765, recorded on March 8, 2007, included an offer of
dedication of 4.83 acres which satisfied the "Community Parks, Land" and
"Neighborhood Parks, Land" components of the Public Facilities Fee and
Chapter 9.28 for 302 residential units created by Final Map 6765. If 36 of the
approved 302 residential lots created by Final Map 6765 are resubdivided by a
later recorded final map, resulting in construction of 36 fewer units than allowed
by Final Map 6765, Developer shall be entitled to be "credited" with the
"Community Parks, Land" and "Neighborhood Parks, Land" dedication of Final
Map 6765 with respect to excess dedication and will not have to pay those
components of the Public Facilities Fee for the Project. If fewer than 302 building
permits but more than 266 building permits are issued for units to be constructed
on lots created by Final Map 6765, the credit in this paragraph shall be based on
any excess dedication attributable to the reduced number of units.
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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
or extended 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. Any
extension shall require additional consideration to the City which shall be
negotiated at the time of a proposed extension.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this Agreement which do not relate
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; (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 Engineer 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 this Agreement prior to
the date of cancellation shall be retained by City.
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Second, the Project is entitled to a "credit" in the amount of the
"Community Parks, Improvements" and "Neighborhood Parks, Improvements"
components of the Public Facilities Fee for up to 36 units if up to 36 fewer units
are constructed as part of the Final Map 6765. The credit in this paragraph shall
be based on the number of reduced units.
13. Contribution for Dublin Historic Park
Developer shall contribute One Million, Five Hundred Thousand dollars
($1,500,000) to the City in two payments, as follows:
Developer will contribute $750,000 to City for the Dublin Historic Park
when Developer has (a) obtained all discretionary land use entitlements from City
for the Project (with the exception of discretionary land use entitlements for
development on Parcels K and J created by Final Map 6765) and the statute of
limitations for a legal challenge to all such entitlements has run without suit
having been filed, or if suit is filed, a final judgment has been entered and the
time to appeal has expired or (b) upon issuance of the first building permit for the
Project, whether a model or production unit, whichever occurs first.
Developer will contribute $750,000 to City for the Dublin Historic Park prior
to issuance of the 75th building permit for the Project, whether for a model or
production unit.
14. Fire Station Site
Developer will reserve Parcel K, as shown on Final Map 6765 for use as a
fire station site. Upon 60 days' written notice from City, Developer will dedicate
Parcel K to City for use for fire protection and suppression. This reservation and
dedication obligation shall terminate two (2) years following the Approval Date
but shall survive termination of this Agreement if the Agreement is terminated
within two years of the Approval Date.
15. Public Art Program
The Project will make a monetary contribution in lieu of acquiring and
installing a public art project on the Property, as provided by Dublin Municipal
Code secfion 8.58.050.D. The in lieu contribution shall be as provided in Dublin
Municipal Code, Chapter 8.58, and shall be used by the City towards a public art
component at the Dublin Historic Park.
16. Inclusionary Zoning Ordinance
The Developer shall either (a) construct seventeen (17) affordable units on
the Property and receive a refund of $178,824 previously paid, or (b) construct
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ten (10) affordable units on the Property and pay in lieu fees in accordance with
Dublin Municipal Code Chapter 8.68, at the rate in effect at the time of payment,
for seven (7) units. The Developer shall select either (a) or (b) at the time the
Developer applies for Site Development Review approval for the Project. At such
time Developer may propose to construct some of the seventeen or ten
affordable units on lot(s) created by Final Map 6765, provided Developer applies
for and receives Site Development Review for any affordable units to be
constructed on lot(s) created by Final Map 6765.
All affordable units can be "granny units" or duplexes but, in either case,
the units must comply with the general requirements of Section 8.68.030,
including restrictions through either rental controls or resale restrictions recorded
against the Property.
Developer paid inclusionary in lieu fees for Final Map 6765 for fifteen (15)
units, at $89,412 per unit, for a total of $1,341,180, based on a 302-unit .project.
Upon recordation of a final map for the Project, 36 of the lots created by Final
Map 6765 will be resubdivided and no more than 266 units can be constructed
on lots created by Final Map 6765. If this occurs, Developer shall be entitled,
pursuant to Dublin Municipal Code Section 8.68.040.E, to a credit in the amount
of $178,824, as provided in this paragraph. If Developer constructs seventeen
(17) affordable units as part of the Project, City will refund $178,824, upon
issuance of a certificate of occupancy for the seventeenth unit, together with
interest at the rate earned by City from the date Developer paid said $1,341,180
through issuance of such certificate of occupancy on the $178,824. If Developer
constructs ten (10) affordable units, City shall provide Developer with a credit in
the amount of $178,824 against payment of in lieu fees payable for the Project.
The provisions of this Agreement shall constitute City Council approval for
exceptions to the requirements of Chapter 8.68, as required by Dublin Municipal
Code section 8.68.040.
17. Annual Review.
17.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2009 and each July 15 to August 15 thereafter.
17.2 Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
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17.3 Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits concerning
contract performance at least five (5) days prior to any annual review.
17.4 Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
18. Default.
18.1 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 City's regulations governing
development agreements., expressly including the remedy of specific
performance of this Agreement.
18.2 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.
18.3 No Damages Against City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against City
upon an event of default or upon termination of this Agreement.
19. Estoppel Certificate.
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
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 City shall be authorized to execute any certificate requested by_
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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.
Any request by Developer for a written certification to a third party shall be
accompanied by payment to City of a fee for such certification in an amount
established by the Council from time to time.
20. Mortgaqee Protection; Certain Rights of Cure.
20.1 Mortgaqee 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.
20.2 Mortgagee Not Obligated. Notwithstanding the provisions of
Section 20.1 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.
20.3 Notice of Default to Mortgagee and Extension of Right to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Developer with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-day cure period
provided in paragraph 18.2 for not more than an additional sixty (60) days upon
request of Developer or a Mortgagee.
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21. Severability.
The unenforceability, invalidity or illegality of any provisions, covenant,
condition or term of this Agreement shat( not render the other provisions
unenforceable, invalid or illegal.
22. Attorneys' Fees and Costs.
If City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs in addition to any other
relief to which it may otherwise be entitled. If any person or entity not a party to
this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the parties shall
cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable- court costs and attorneys' fees expended by City in defense of any
such action or other proceeding.
23. Transfers and Assignments.
23.1 Developer's Right to Assign. All of Developer's rights, interests and
obligations hereunder may be transferred, sold or assigned in conjunction with
the transfer, sale, or assignment of the Property subject hereto, or any portion
thereof, at any time during the Term of this Agreement, provided that no transfer,
sale or assignment of Developer's rights, interests and obligations hereunder
shall occur without the prior written notice to City and approval by the City
Manager of City, which approval shall not be unreasonably withheld or delayed.
The City Manager shall consider and decide the matter within ten (10) working
days after Deve.loper's notice is given to City and receipt by City Manager of all
necessary documents, certifications and other information required by City
Manager to decide the matter. In considering the request, the City Manager shall
base the decision upon the proposed assignee's reputation, experience, financial
resources and access to credit and capability to successfully carry out the
development of the Property to completion. The City Manager's approval shall
be for the purposes of: ('a) providing notice to City; (b) assuring that all
obligations of Developer are fully allocated as between Developer and the
proposed purchaser, transferee or assignee; and (c) assuring City that the
proposed purchaser, transferee or assignee is capable of performing. Developer's
obligations hereunder not withheld by Developer pursuant to Paragraph 23.3.
Notwithstanding the foregoing, provided notice is given as specified in Paragraph
24, no City approval shall be required for any transfer, sale, or assignment of this
Agreement to: (1) any entity which either (i) is an affiliate or subsidiary of
Developer or (ii) results from the merger of Developer or its parent or is the
Dublin/Schaefer Ranch Development Agreement Page 13 of 18
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FINAL -Schaefer Ranch South DA.DOC; 114.260
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~~ s
..
- ~._.: ~.
purchaser of all, or substantially all, of the assets of Developer or its parent; (2)
any Mortgagee; or (3) any transferee of a Mortgagee.
23.2 Release Upon Transfer. Upon the transfer, sale, or assignment
of all of Developer's rights, interests and obligations hereunder pursuant to
Paragraph 23._1 of this Agreement, Developer shall be released from the
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.
23.3 Developer's Right to Retain Specified Rights or Obligations.
Notwithstanding Paragraphs 23.1 and 23.2 and Paragraph 24, 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.
23.4. 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 rio 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.
24. Agreement Runs with the Land.
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, representative, lessees; and all
other persons acquiring the Property, or any portion thereof, or any interest
Dublin/Schaefer Ranch Development Agreement Page 14 of 18 .
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~~ ~-~ ~
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,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
25. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
26. Indemnification.
Developer agrees- to indemnify, defend and hold harmless City, and its
elected and appointed. councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which .
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of City, its contractors, subcontractors.; agents or employees or with,
respect to the maintenance, use or condition of any improvement after the time it
.has been dedicated to and accepted by the City or another public entity (except
as provided in an improvement agreement or maintenance bond).
27. Insurance.
27.1 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 orcross-liability endorsement.
27.2 Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
Dublin/Schaefer Ranch Development Agreement Page 15 of 18
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'i
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.
27.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 27.1 and 27.2 and evidence that the carrier is required to
give the City at Feast 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.
28.. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public.
agency not within the control of City.
29. Notices.
All notices required or provided for under this Agreement shall b~ in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Schaefer Rarich Holdings, LLC
4021 Port Chicago Hwy.
Concord, CA 94520
Attn: General Counsel
FAX No. (925) 687-3366
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,
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~. T P I [ "
• ~f° .. ~'y --~
%'
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.
30. Agreement is Entire Understanding.
This Agreement constitutes the en#ire understanding and agreement of the
parties.
31. 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
32. Counterparts.
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original.
33. Recordation.
City shall record a copy of this Agreement within ten (10) days following
execution by all parties.
[EXECUTION PAGE FOLLOWS]
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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:
Janet Lockhart, Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEVELOP
r
s: pot.e src~
APPROVED AS TO FORM:
i
I ~f ~ ^,
A orney for Developer
(NOTARIZATION ATTACHED)
Dublin/Schaefer Ranch Development Agreement Page 18 of 18
For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project)
1096320.12; 114.260
~ ~ ~1 1
Exhibit A
Legal Description of Property
Containing 42.7 acres, more or less.
That land in the City of Dublin, County of Alameda, State of California, described
as follows:
Lots 261 through 2.96, Parcels M and N, Schaefer Estates Circle, Schaefer
Estates Court, and Parcels J and K, all as shown on the map for Tract 6765,
Schaefer Ranch, filed as Series No. 2007-99392 in Map Book 297 Pages 1
through 51, in the Office the •County Recorder of said County, on March 8, 2007.
,., , ~~ ~ /
__ ;1 j
ACKNOWLEDGMENT
State of California
County of Contra Costa
On September 29, 2008 before me, Pamela Blessington, Notary Public,
personally appeared Albert D. Seeno III, who proved to me on the basis of
satisfactory evidence to be the person(~whose name(~is/a~subscribed to
the within instrument and acknowledged to me that he/S~4eLtA~i executed the
same in his/her/their authorized capacity(i~nd that by his/h~Lt~fr
signature(, ,a'~on the instrument the person(~,,or the entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 7~~
PAMELA BLESSINGTON~
~ COMM. ~ 1710054 t~
NOTARY pUBLN;•CAUFORNUI ~'
CONTRA COTTA COUNTY
MY COMM. Ex-. DEC. 11, 2010 `~
(Seal)
~~ -~
CITY CLE K
File # ~~ _
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 4, 2008
SUBJECT: PUBLIC HEARING - PA 08-005 Schaefer Ranch South: General Plan
Amendment to change the existing Estate Residential and Retail/Office land
use designations to Single-Family Residential, Open Space and
Public/Semi-Public land uses, and a Planned Development Rezone with
Stage 2 Development Plan for an 81.3+/- acre area, a Development
Agreement, and a California Environmental Quality Act (CEQA)
Addendum to the Schaefer Ranch Environmental Impact Report.
Report Prepared by Jeff Baker, Senior Planner
ATTACHMENTS: 1) Resolution adopting a CEQA Addendum to the 1996 Schaefer
Ranch Final Environmental Impact Report, with the Initial Study,
Addendum, and Statement of Overriding Considerations included as
Exhibits A, B, and C respectively.
2) Resolution amending the City of Dublin General Plan to change the
existing Estate Residential, Single-Family Residential, and
Retail/Office land use designations to Single-Family Residential,
Open Space, and Public/Semi-Public land use designations for the
project known as Schaefer Ranch South'.
3) Ordinance approving a PD-Planned Development Rezone with Stage
2 Development Plan for the project known as Schaefer Ranch South.
4) Ordinance approving a Development Agreement between the City of
Dublin and Schaefer Ranch Holdings LLC, with the Development
Agreement included as Exhibit A.
5) Email correspondence from Joanne Collins dated October 10, 2008.
6) City Council Staff Report dated August 21, 2007 without
attachments.
7) City Council Meeting Minutes dated August 21, 2007.
8) Planning Commission Staff Report dated .October 14, 2008 without
attachments.
9) Planning Commission draft meeting Minutes dated October 14,
2008.
10) Planning Commission Resolution recommending that the City
Council adopt a CEQA Addendum to the 1996 Schaefer Ranch Final
Environmental Impact Report.
11) Planning Commission Resolution recommending that the City
Council adopt a Resolution amending the City of Dublin General
Plan to change the existing Estate Residential, Single-Family
COPY TO: Property Owners -----------------------------------------------------------------
PA File _
Page 1 of 11
G:1PA#~20081PA 08-005 Schaefer Ranch South\City Councillccsr 1 L4.08 Schaefer South.DOC
Attachment
~s ~~~
Residential, and Retail/Office land use designations to Smgle-
Family Residential, Open Space, and Public/Semi-Public land use
designations for the project known as Schaefer Ranch South.
12) Planning Commission Resolution recommending that the City
Council adopt an Ordinance approving a PD-Planned Development
Rezone with Stage 2 Development Plan for the project known as
Schaefer Ranch South, without exhibit.
13) Planning Commission Resolution approving Vesting Tentative Tract
Map 8000.
14) Planning Commission Resolution recommending that the City
Council approve a Development Agreement between the City of
Dublin and Schaefer Ranch Holdings LLC.
RECOMMENDATION: 1) Receive Staff presentation;
2) Open the Public Hearing;
3) Take testimony from the Applicant and the public;
4) Close the Public Hearing and deliberate; and
5) Adopt the following:.
a. Resolution adopting a CEQA Addendum to the 1996 Schaefer
Ranch Final Environmental Impact Report (Attachment 1);
b. Resolution amending the City of Dublin General Plan to change
the existing Estate Residential, Single-Family Residential, and
Retail/Office land use designations to Single-Family Residential,
Open Space, and Public/Semi-Public land use designations
(Attachment 2);
c. Waive the 1St reading and introduce the Ordinance approving a
PD-Planned Development Rezone with Stage 2 Development
Plan (Attachment 3); and
' d. Waive the 1St reading and introduce the Ordinance approving a
Development Agreement between the City of Dublin and
Schaefer.Ranch Holdings LLC (Attachment 4).
FINANCIAL STATEMENT: No financial impact at this time. The proposed project is consistent
with the intensity of development that was anticipated for the overall
Schaefer Ranch development. An economic analysis was completed
as part of the original project review. This analysis shows that the
proposed project will not have a negative impact on revenue for the
City and that the cost of municipal services required for the project
will not result in a negative impact to the City's General Fund.
PROJECT DESCRIPTION:
Background .
The Schaefer Ranch project is described in the City of Dublin General Plan and is located within the
Western Extended Planning Area. Schaefer Ranch includes approximately 500 acres located at the
westerly boundary of the City Limits, north of Interstate 580 (I-580), and southeast of unincorporated
Alameda County (see Map 1 below). The westerly extension of Dublin Boulevard leads into the project
azea where Dublin Boulevard terminates.
Page 2 of 11
36 o Q, u-!~
d
orth
The Schaefer Ranch project area was annexed to the City of Dublin in 1996 at the request of the property
owner. The original approvals adopted by the City Council in 1996 included a General Plan Amendment
(GPA) (Resolution 77-96), Planned Development Rezone (Ordinance 15-96 and Resolution 78-96), and
certification of an Environmental Impact Report (EIR) (Resolution 76-96). The original approvals
anticipated development of 474 single-family homes, parks, open space, commercial, and public/semi-
public uses.
The Planning Commission approved Vesting Tentative Map (VTM) 6765 in 1998 (Resolution 98-38).
The VTM created 466 residential lots, as well as commercial, parks, and public/semi-public parcels. The
City Council approved a Development Agreement for the project in 1998 (Ordinance 20-98) which
expired on December 31, 2006.
The Mitigation Measures contained in the Schaefer Ranch EIR and the Conditions of Approval for the
VTM required the project proponent to obtain permits for impacts to wetlands, wildlife habitat, and other
environmentally sensitive areas within the project from the various environmental regulatory agencies
with jurisdiction over the area. The project proponent successfully obtained approval from the
environmental agencies. However, the approval from the various agencies required the preservation of
sensitive habitat for protected wildlife within the project area. The preservation of these areas resulted in
the need to reconfigure a portion of the project which ultimately reduced the intensity of the overall
development.
In 2004, the Developer submitted a Lot Recontguration Concept to the City which reelected the
requirements by the regulatory agencies. The Got Reconfiguration Concept included 302 residential lots
(18 estate lots and 284 single-family lots), commercial parcels totaling 8.99-acres, a 10.25-acre park site,
and the dedication of land to the East Bay Regional Park District (EBRPD) for a trail head staging area
and trails. The lot reconfiguration concept reduced the previously approved 466 units to 302 units, a
reduction of 164 units. On site open space areas were increased as a result of the lot reconfiguration. Due
to resource agency requirements, the Developer also preserved approximately 248 acres of land to the
north. and west of the project site with a permanent conservation easement. The City Council reviewed
the Lot Reconfiguration Concept on December 21, 2004, and directed Staff to work with the Applicant to
prepare a Final Map based. on the Lot Reconfiguration Concept. The Final Map for 302 residential units
was deemed complete in December of 2006 and was recorded on March 8, 2007.
Page 3 of 11
Map 1: Vicinity Map
..< ,..~-,ws„a~.: ~;.aa.~a;~~&~8»~s~y,:<:~,~C:.,~~.,.a~~.~.~,a~.w:~~. .s . ~z,¢.>.,,,~,~ ~ . .,. s .~~.»~M '»~ ... ..... .. . ..a,,,,,~...m.. ~. '.~.~:>.~~~m,~E,a-,~....,~.~...~x~;>,~?;'
~~
A Planned Development Rezone with Stage 2 Development Plan and a Site Development Review (SDR)
were approved in 2006 to allow construction of single-family homes within Schaefer Ranch (Ordinance
11-06 and Resolution 06-17).
The Schaefer Ranch project is now in construction in accordance with the above mentioned. approvals.
Extensive grading activity has been completed and construction of the first phase of residential
neighborhoods to the north of Dublin Boulevard is currently underway. In addition, major infrastructure
has been constructed, including the Dublin Boulevard extension, Schaefer Ranch Road, a water storage
tank, and storm water retention basins.
In addition to the ongoing construction, Discovery Builders has entered into a written .agreement with The
School of Imagination (SOI) to construct apreschool/day care facility on Parcel J of Schaefer Ranch.
Discovery will lease the facility to SOI for a period of 15 years with options to extend the lease for an
additional 30 years. Construction of the preschool/day care facility will require a Conditional Use Permit
(CUP) and Site Development Review (SDR). These entitlements are not included in the current request
and will be brought forward for consideration at a later date. Discovery's agreement to construct the
preschool/day care facility is predicated on the City granting the requested entitlements.
Current Request
The Applicant proposes to construct 104 additional single-family homes at the southwest corner of Dublin
Boulevard and Schaefer Ranch Road and facilitate future development of the School of Imagination at the
southeast corner of Dublin Boulevard and Schaefer Ranch Road. On August 21, 2007, the Applicant
submitted a request to initiate a General Plan Amendment for the proposed development. At that meeting,
the City Council granted the Applicant's request to initiate a General Plan Amendment (GPA) Study
(Attachments 6 and 7).
The Applicant is currently requesting that the City Council approve the following:
1. General Plan Amendment (GPA) to modify the existing Estate Residential (0.01-0.8 du/ac) and
Retail/Office land use designations to Single-Family Residential (0.9-6.0 du/ac), and increase the
acreage for Open Space and Public/Semi-Public land uses;
2. Planned Development (PD) Rezone with Stage 2 Development Plan;
3. Development Agreement; and
4. CEQA Addendum to the Schaefer Ranch Environmental Impact Report (EIR).
The Applicant's request also includes approval. of Vesting Tentative Map 8000 to subdivide 41.5+/- acres
located at the southwest corner of Dublin Boulevard and Schaefer Ranch Road into 140 residential lots (a
net increase of 104 lots}. The overall Schaefer Ranch development would have a total of 406 single-
family homes which is less than the 474 units that were originally approved for the site. The Dublin Code
(Section 9.04.040.A) grants authority to the Planning Commission to approve tentative subdivision maps.
Please see refer to the discussion of the Planning Commission action for further inforn~ation regarding the
VTM.
The following is a discussion of the proposed GPA,
PD Rezone and Development Agreement.
ANALYSIS:
General Plan Amendment
The proposed GPA would modify the existing Estate
Residential. (0.1-0.8 d/acre), Single-Family
Residential (0.9-6.0 du/acre), and Retail/Office land
Residential
Retail Office
;~
N
Page 4 of 11~ ` Map 2: Existing Land Use Designations -
~~ ~~~ ~~
use designations at the southwest and southeast corners of Dublin Boulevazd and Schaefer Ranch Road.
Please refer to Map 2 for the location of the existing land use designations. The proposed modifications
would. accommodate development of additional single-family homes, construction of the School of
Imagination, and better address the existing topography of the site. Please refer to Table 2 below for a
summary of the proposed land use modifications.
Table 2: Existin vs. Pro osed Land Use Desi nations
Land Use Designation Existing
Acres Proposed
Acres
Estate Residential (0.01-0.8 du/ac 56.94 ac 0.00 ac
Sin le-Famil Residential (0.9-6.0 dulac) 16.36 ac 29.70 ac
Nei hborhood Commercial 8.00 ac 0.00 ac
Public/Semi-Public 0.00 ac 1.21 ac
O en S ace 0.00 ac 50.39 ac
Total Acrea e: 81.30 ac 81.30 ac
The southwest corner of Dublin Boulevard and
Schaefer Ranch Road is currently designated Estate
Residential, Single-Family Residential, and
Retail/Office. The Applicant is proposing to
change these land use designations to Single-Family
Residential. The Single-Family Residential
designation would allow for the development of
detached residential units. Please refer to Map 3
for the location of the proposed land use
designations.
Open Space ~'~: "'~
_~4 .
~1~ _
~ ~~. ~ !
T
Single-Family 1'-
Residential Dublin Blvd
Fublic/Semi-
Public (Parcels
J&K)
The area located immediately north of I-580 and Map 3: Proposed Land Use Designations
east of Schaefer Ranch Road is currently designated
Estate Residential, Single-Family Residential and Retail/Office. However, this area has steep slopes in
excess of 30% and is not appropriate for development. Therefore, the Applicant proposes to change the
land use designation for this azea to Open Space (Please refer to Map 3). The Open Space land use
designation is intended to ensure protection of those azeas.
The land located at the southeast corner of Dublin Boulevard and Schaefer Ranch Road (Parcels J and K
on Final Map 6765 and shown on Map 2 above) has a current General Plan land use designation of
Retail/Office. The original approvals for Schaefer Ranch identified Parcel J as a future day care site and
Parcel K was reserved as a possible future fire .station site. In addition to the General Plan designations,
the existing PD zoning requires public/semi-public uses on these parcels. The Applicant proposes to
change the land use designation of these parcels to Public/Semi-Public (P/SP) in order to be consistent
with the intended use of these sites as defined in the PD (Please refer to Map 3). As previously
discussed, the Applicant has entered into an agreement with SOI to construct a preschoollday care facility
on Parcel J
The project is located within the Western Extended Planning Area of the General Plan, which does not
currently have a P/SP land use designation. Therefore, Staff has prepared the following PJSP designation.
This description is based on the existing P/SP designation that is described in the General Plan for the
Primary Planning Area and the Eastern Extended Planning Area. The maximum FAR has been increased
to 0.60 in order to accommodate the potential SOI facility.
Page 5 of 11
3~ ~~ ~ 4
Public/Semi-Public Facilities (Maximum of .60 FAR; employee density: 590 square feet per
employee) A combination land use category of Public Facilities land uses and Semi-Public Facilities
land uses. Public Facilities are uses other than parks owned by a public agency or non profit entity
that are of sufficient size to warrant d~erentiation from adjoining uses. Such uses include public
schools, libraries; city office buildings; State, County and other public agency facilities; post offices;
fire stations; utilities; and, Civic Center. Semi-Public Facilities uses are quasi public uses, such as
child cure centers, youth centers, senior centers, special needs program facilities, religious
institutions, clubhouses, community centers, community theatres, hospitals, private schools, and
other facilities that provide cultural, educational, or other similar services and benefit the
community. ASemi-Public Facility may be used for more than one such trse. Development of
housing on a site designated on the General Plan as Semi-Public Facilities shall be considered
consistent with the General Plan when it is developed by a non profit entity and series to meet
affordable housing needs or the housing needs of an trnderserved economic segment of the
community. Determination as to whether housing should be permitted on a specific .Semi-Public
Facilities site and the acceptable density and design will be through review of a Planned
Development proposal under the Zoning Ordinance.
The City of Dublin has aSemi-Public Facilities Policy to increase opportunities for land where Semi-
Public facilities could occur throughout the City. The Semi-Public Facilities Policy applies to all General
Plan Amendment applications for the Single-Family Residential land use designation involving 150 or
more units. The proposed GPA for Schaefer Ranch South involves less than 150 units. Therefore, the
Schaefer Ranch South project is not subject to the Semi-Public Facilities Policy and does not have a
requirement to provide additional land with aSemi-Public land use designation.
The proposed General Plan Amendments are included as Attachment 2 of this Staff Report.
Stage 2 Planned Development Plan/Development Standards
The proposed Stage 2 Development Plan has been prepared in accordance with the Dublin Zoning
Ordinance (Section 8.32.040.B) and applies to the Schaefer Ranch South project area. The proposed Stage
2 Development Plan (Attachment 3) includes: 1) statement of compatibility with Stage 1 Development
Plan; 2) statement of proposed uses; 3) Stage 2 Site Plan; 4) site area and proposed densities; 5)
development regulations; 6) architectural standards; and 7) preliminary landscaping plan. The following is
a discussion of key elements of the proposed Stage 2 Development Plan..
Statement of Proposed Uses: The proposed Stage 2 Development Plan includes a complete list of
permitted, conditionally permitted and temporary uses. These uses are consistent with the uses permitted
under the existing PD for the remainder of the Schaefer Ranch development.
Stage 2 Site Plan and Densities: The proposed site plan and
densities are shown in Map 4 and Table 3 below and are
included as part of the proposed Stage 2 PD Ordinance (the
Single-Family Residential land use designation density range is
0.9-6.0 du,~acre). The proposed land uses and densities are
consistent with the proposed GPA.
PD Single-Family ''
Residential
PD Open Space Dublin Blvd
Map 4: Stage 2 PD Site Plan
Page 6 of 11
~~ ~~
TAhle 3: Site Area and Proposed Densities l
Land Use Designation Gross
Acres
Net Acres Number
of Units Gross
Densi Net Densi
~
Sin le-Famil Residential 29.70 ac 22.35 ac 140 units '4.71 du/ac 6.26 du/ac
O en S ace 50.39 ac 47.22 ac n/a n/a n/a
Total: 80.09 ac 69.57 ac 140 units 4.71 du/ac 6Z6 du/ac
DeveloQment Standazds/Re lagu tions: The proposed Development Standards address things such as
maximum lot coverage, building heights and setbacks, usable yard requirements, and options for caritas.
Please refer to Attachment 3, page 5 for the proposed Development Standards.
Architectural Standards: There are five (5) architectural styles provided in the Stage 2 Development Plan.
The variety of architectural styles will provide visual interest and identity for each neighborhood street.
The architectural elements .will be articulated and themed to represent a variety of styles through color,
texture, and- massing details. The architectural styles, along with design elements, are provided on page 7
of Attachment 3.
The development and architectural standazds are consistent with the previously approved Schaefer Ranch
project and the lot sizes aze comparable to the existing lots within Schaefer Ranch. An SDR is required
for construction of the units on the proposed lots. The Applicant is not proposing an SDR at this time.
Therefore, the SDR will be brought forward for consideration at a future public hearing.
Preliminary Landscape Plan: A Preliminary Landscape Plan has been prepared to address the project
backbone landscaping. The Preliminary Landscape Plan includes conceptual neighborhood entries,
streetscape and common area landscape treatment, and wall and fencing details. The Preliminary
Landscape Plan has been incorporated into the Stage 2 Development Plan and is consistent in design with
landscaping for the approved project.
The proposed Stage 2 Development Plan is included in Attachment 3.
Development Agreement
The Development Agreement provides security to the Developer that the City will not change its zoning
and other laws applicable to the project for a period of fifteen yeazs. In return, the Developer agrees to
comply with the Conditions of Approval and make commitments which the City might otherwise not have
the authority to compel. The Development Agreement was negotiated by the City Manger and drafted by
the City Attorney with input from Staff and the Applicant to meet the needs of the City.
The proposed Development Agreement includes an exception, to the Inclusionary Zoning Regulations
(Zoning Ordinance Chapter 8.68). The Development Agreement allows the developer to meet the
obligation to provide 17 affordable units for the 140-unit subdivision by constructing "granny units" or
duplexes. The Development Agreement further allows the developer to construct the 17 affordable units
within the 140-unit subdivision, or to construct the affordable units on lots throughout the overall
Schaefer Ranch development.
Under the terms of the proposed Development Agreement, the Developer will reserve the 0.65-acre parcel
at the southeast corner of Dublin Boulevazd and Schaefer Ranch Road (Parcel K on Final Map 6765) as a
fire station site. Under the terms of this agreement, the reservation will terminate in 2 years if not
exercised by the City. This site was previously reserved as a fire station site under the original
Development Agreement that was approved in 1998 and has since expired.
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The Development Agreement also provides that the Developer will make a financial contribution for
public art at the Dublin Historic Park. The in-lieu fee contribution will be made in accordance with the
Dublin Public Art Program (Zoning Ordinance Chapter 8.58).
The Development Agreement further obligates the Developer to make a financial contribution of
$1,500,000 to the City for construction of the Dublin Historic Park. The Developer will contribute
$750,000 when the Developer receives all discretionary land use entitlements from the City or upon
issuance of the lst building permit in the 140-unit subdivision, which ever comes first. The Developer
will contribute the remaining $750,000 to the City prior to issuance of the 75~' building permit in the 140-
unit subdivision.
The proposed Development Agreement is included as Exhibit A to Attachment 4.
Inclusionary Zoning/Affordable Housing
The project is subject to the City's Inclusionary Zoning Regulations which will be addressed at a later
time by a separate Affordable Housing Agreement approved by the City Council. This Agreement must
be finalized prior to approval of a Final Map or Site Development Review, which ever occurs first.
Planning Commission Action -October 14, 2008
On September 9, 2008 the Planning Commission held a Public Hearing to review the proposed GPA, PD
Rezone with Stage 2 Development Plan, Development Agreement, and CEQA Addendum in order to
make a recommendation to the City Council (Please refer to the October 14, 2008 Planning Commission
Staff Report and draft Meeting Minutes included as Attachments 8 and 9).
The Community Development Department received an email correspondence from the Boazd of Directors
for the California Highlands Homeowners Association prior to the Planning Commission meeting on
October 14, 2008. This correspondence was distributed to the Planning Commission. The letter raised
concerns about the proposed project and its impact on traffic and resources, and the loss of the
commercial land use within the Schaefer Ranch project. A copy of this correspondence is included as
Attachment 5. No members of the public spoke at the Planning Commission meeting regarding this
project. No additional correspondence has been received regarding this application as of the time this
Staff Report was prepazed.
The Planning Commission discussed the proposed land use designations, loss of the commercial sites
within Schaefer Ranch, traffic impacts and environmental impacts as a result of the project, and the
terms of the Development Agreement. The Planning Commission felt that it would be appropriate to
accelerate the Developer's financial contribution to the City for construction of the Dublin Historic Park
as described in the draft Development Agreement. The Planning Commission recommends that the
developer contribute the funds as follows:
Contribute $350,000 on June 1, 2009;
Contribute $400,000 when Developer has (a) obtained all discretionary land use entitlements
from City or (b) upon issuance of the first building permit for the Project, whichever occurs first;
and
^ Contribute $750,000 prior to issuance of the 75th building permit for the Project.
The existing draft Development Agreement (included as Exhibit A to Attachment. 4) requires the
Developer to contribute funds as follows:
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Contribute $750,000 when the Developer has (a) obtained all discretionary land use entitlements
from the City of (b) upon issuance of the first building permit for the Project, whichever occurs
first; and
Contribute $750,000 prior to issuance of the 75~' building permit for the Project.
The Development Agreement was negotiated by the City Manager and drafted by the City Attorney. The
draft Development Agreement and the funding stream meet the needs of the City for construction of the
Dublin Historic Park. Therefore, Staff does not recommend the modifications to the Development
Agreement that were proposed by the Planning Commission. However, if the City Council feels that the
proposed modification to the timing of the Developer's financial contribution for construction of the
Dublin Historic Pazk is appropriate, the City Council should direct Staff to incorporate this modification
into the draft Development Agreement.
The Planning Commission also reviewed the request for Vesting Tentative Map (VTM) 8000 which
subdivides 41.5+/- acres located at the southwest corner of Dublin Boulevard and Schaefer Ranch Road.
VTM 8000 creates 140 single-family residential lots, a pedestrian paseo, common azea landscape parcels,
and related roadways to serve the subdivision. The approval of the VTM is contingent upon the Applicant
receiving approval of the associated GPA and PD Rezone.
This project site was previously subdivided into 12 estate lots, 24 single-family lots, and a 5.69-acre
commercial parcel (Final Map 6765). The proposed subdivision map would eliminate the existing estate
lots, single-family residential lots, and the commercial parcel in this azea, resulting in a net increase of 104
residential lots as shown in Table 1 below. The overall Schaefer Ranch development would have a total
of 406 single-family homes. The total number of residential units would be less than the 474 units that
were originally contemplated and approved for the entire Schaefer Ranch project site in 1998.
Table 1-Residential Lot Unit Count
140 Pro sed Lots
-12 Existin Estate Lots
-24 Existin Sin le-Famil Lots
104 Additional Lots
On a motion, the Planning Commission voted unanimously to recommend that the City Council approve
the proposed GPA, PD Rezone, and CEQA Addendum. The Planning Commission recommended
approval of the Development Agreement with the proposed modification to the timing of the financial
contribution to construct the Dublin Historic Pazk. The Planning Commission also approved VTM 8000
subject to City Council approval of the proposed GPA and PD Rezone (Attachments 10 through 14).
ENVIRONMENTAL REVIEW:
The Schaefer Ranch Environmental Impact Report (EIR) (SCH #95033070) was certified by the City
Council on July 9, 1996 (Resolution 76-96). The project analyzed in the Schaefer Ranch EIR included a
total of 474 residential units and 10.7-acres of commercial development. Vesting Tentative Map 6765
was subsequently approved by the Planning Commission in 1998 (Resolution 98-38) creating 466
residential lots. Final Map 6765 was recorded on March 8, 2007, creating 302 residential units and
commercial parcels totaling 7.99-acres. The proposed Schaefer Ranch South development would replace
12 estate lots and a 5.69-acre commercial site with 104 additional single-family lots. If approved, the
Schaefer Ranch development would include a total of 406 lots (400 single-family lots and 6 estate lots),
which is less than the 474 units studied in the Schaefer Ranch EIR.
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The proposed project also includes future development of a preschool/day care facility on Parcel J of Fin
Map 6765. The EIR previously contemplated commercial development consistent with apreschool/day
care facility on Parcel J.
The City prepared an Initial Study to determine whether there could be significant environmental impacts
occurring as a result of this project beyond or different from those already addressed in the Schaefer
Ranch EIR.
The Initial Study concluded that the proposed project could not have a significant effect on the
environment beyond or different from those already addressed in the Schaefer Ranch EIR, and no
significant information has arisen for this project during the prepazation of this Initial Study that would
require further environmental review. Therefore, an Addendum to the EIR was prepared documenting
these facts.
The City Council adopted a Statement of Overriding Considerations in 1996 for those project impacts that
were identified in the Schaefer Ranch EIR as significant and unavoidable. Pursuant to a 2002 court
decision, the City Council must adopt a new statement of overriding considerations for the previously
identified unavoidable impacts that apply to the proposed project. Therefore, a Statement of Overriding
Considerations is included as Exhibit C to Attachment 1.
A Resolution adopting the CEQA Addendum with the Initial Study, CEQA Addendum and Statement of
Overriding Considerations are included as Attachment 1, Exhibits A, B, and C respectively, of this Staff
Report.
CONCLUSION:
The proposed project complements the existing, Schaefer Ranch development by providing land uses and a
street system that are compatible with the existing project approvals. The proposed PD Zoning and Stage
2 Development Plan are consistent with the General Plan land use designations as proposed to be
amended. The VTM would create 140 single-family lots (a net increase of 104 lots) that are consistent
with the proposed land use designations and would implement the Stage 2 Development Plan. The
proposed Development Agreement is consistent with the General Plan as amended, and all project
approvals. An Initial Study was prepared to evaluate the potential for environmental impacts and a CEQA
Addendum was prepared for the project. An SDR is required for construction of units on the proposed lots
and for the future School of Imagination facility. The Applicant is not proposing an SDR at this time.
Therefore, the SDR for these projects will be brought forward for consideration at a future public hearing.
NOTICING:
In accordance with State law, a public notice regarding this hearing was mailed to all property owners and
occupants within 300 feet of the proposed project. A public notice was also mailed to all property owners
and occupants of the California Highlands development which is located immediately to the east of the
Schaefer Ranch development on Dublin Boulevazd. A public notice was also published in the Valley
Times and posted at several locations throughout the City.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the Public Hearing; 3)
Take testimony from the Applicant and the public; 4) Close the Public Hearing and deliberate; and 5)
Adopt the following: a) Resolution adopting a CEQA Addendum to the 1996 Schaefer Ranch Final
Environmental Impact Report (Attachment 1); b) Resolution amending the City of Dublin General Plan
to change the existing Estate Residential, Single-Family Residential, and RetaiUOff~ce land use
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designations to Single-Family Residential, Open Space, and Public/Semi-Public land use designations
(Attachment 2); c) Waive the 1St reading and introduce the Ordinance approving a PD-Planned
Development .Rezone with Stage 2 Development Plan (Attachment 3); d) Waive the 1St reading and
introduce the Ordinance approving a Development Agreement between the City of Dublin and Schaefer
Ranch Holdings LLC (Attachment 4).
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