HomeMy WebLinkAboutItem 6.1 IKEA Project CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: APRIL 6, 2004
SUBJECT: PUBLIC HEARING: PA 02-034 IKEA Retail Complex PD - Planned
Development rezoning with related Stage.1 and Stage 2 Development Plans
2na Reading and Development Agreement 2na Readin~./~, J
Report prePared by: Andy Byde, Senior Planner ~'
ATTACHMENTS:
1. Ordinance adopting a Planned Development rezoning with related Stage
1 and Stage 2 Development Plans; and
2. Ordinance adopting a Development Agreement for the IKEA Project
(with a Development Agreement between the City of Dublin and IKEA
Property attached as Exhibit A);
3.Site Plan of the IKEA Project
RECOMMENDATION:
1. Hear Staff Presentation
2. Open Public Hearing;
3. Question Staff, Applicant and the Public;
4. Close Public Hearing;
~ ~,t~, 5. Waive the reading and adopt Ordinance (Attachment 1) approving a
Planned Development (PD) Rezoning amending the Zoning Map and
approving the related Stage 1 and Stage 2 Planned Development
Plans; and ~
6. Waive the reading and adopt Ordinance (Attachment 2) approving a
Development Agreement for the IKEA Project and authorize the
Mayor to execute the Development Agreement.
FINANCIAL IMPACT: A fiscal impact study was conducted for the project and concluded that the
IKEA project would result in a net annual fiscal surplus to the City of nearly
$680,000, please see the fiscal impact section below for more detail.
DESCRIPTION:
Pro/ect Description:
The Applicant has proposed the site to be rezoned from Planned Development for an office project to a
Planned Development that would accommodate the Project. The 14.3-acre western half of the Project
Site, will contain a 317,000 square foot IKEA store, at-grade parking for approximately 1,126 vehicles
COPIES TO: Applicant
Project File
ACSPA
I~)~ ITEM NO. _~,,~
G:~PA#L2002\02-034 IKEA\City Council\cc staff report 3-23-04-2nd reading.doc
(570 under the building and 556 outside), and associated landscaping, circulation, and infrastructure
improvements. The 13.20-acre eastern portion of the Project Site is proposed for approximately 137,000
square feet of a "lifestyle" retail center. According to the Applicant the Lifestyle Center would contain
mix of up-scale retailers, restaurants and related services. Approximately 15% of the space is anticipated
to be food-related use (20,000 square feet) with two or three full-service restaurants. The site '~plan
contains nine buildings that are oriented in a "main street" fashion, encouraging a pedestrian friendly
atmosphere. Enhanced landscape and hardscape treatments, including large specimen trees, manicured
elements and colored/textured paving, will be utilized. Parking will be provided along the main streets
with larger parking fields strategically located behind buildings and adjacent to restaurant uses. A total of
approximately 704 parking spaces are provided for the Lifestyle Center.
Planned Development Requirements:
Chapter 8.32 of the Dublin Zoning Ordinance establishes the intent, purpose and requirements of the
Planned Development District. A Development Plan is required pursuant to the Zoning Ordinance, which
establishes the following regulations for use of the subject property: permitted and conditionally permitted
uses; development regulations, including setbacks, F.A.R.s, height limits, and parking requirement (see
Attachment 1); architectural standards and design guidelines (Attachment 1); site plan of the Project (see
Attachment 3) and other requirements which regulate the improvement and maintenance of the property.
The Zoning Ordinance also requires the adoption of both Stage 1 and Stage 2 Development Plans, prior to
development. The applicant is requesting Stage. 1 and Stage 2 Development Plans for both IKEA, as well.
as the Lifestyle Center portion of the Site. The Planned Development Ordinance (Attachment 1) contains
requirements that ensure the two components of the Project (IKEA and the Lifestyle Center) will be
developed as cohesive and complementary projects.
Although the Project consists of two distinct developments, Staff has worked with the
Applicant/Developer to ensure that the two prgjects will be integrated and complementary to one another
(see the Planned Development Ordinance, Attachment 1). The Applicant/Developer has stated that the
Project will be developed in two phases. Development of IKEA will occur first, followed by the
development of the Lifestyle Center.
Development Agreement:
The proposed Development Agreement between the City of Dublin and IKEA Property Inc is attached as
Exhibit A of Attachment 2 to this Agenda Statement. Policies within the Eastern Dublin Specific Plan
require that the Applicant/Developer enter into Development Agreement. The Development Agreement
negotiated by Staff includes the standard items found in similar five-year agreements previously approved
by the City Council. However, one item in the proposed agreement that is dissimilar to "standard"
agreements would allow the approved SDR and Master Sign Program for the IKEA portion of the project
only (this provision would not apply to the Lifestyle Center) to be valid for the life of the five-year
Development Agreement. Under the current requirements of the Zoning Ordinance (Section
8.96.020(D)), construction or progress towards construction within one-year (plus a addition to a six-
month extension) of approval would be required to maintain the validity of approved SDR or Master Sign
Program. This proposed provision in the Development Agreement would supersede the Zoning
Ordinance and would maintain the validity of the SDR and Master Sign Program for a period of five
years.
City Council Action:
On March 16, 2004, the City Council heard the IKEA retail complex project. At it meeting of March 16,
2004, the City Council certified a Supplemental Environmental Impact Report (SEIR); approved a
resolution making findings related to the Planned Development Rezoning with Stage 1 Development Plan
and Stage 2 Development Plan; approved a General Plan Amendment and an amendment to the Eastern
Dublin Specific Plan; and approved a Site Development Review (SDR) and Master Sign Program for the
IKEA portion of the Project. Additionally, the Council introduced the Ordinance (Attachment 1)
approving the Planned Development Rezoning and the Ordinance apProving a Development Agreement.
As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinances are
necessary prior to final adoption of the Planned Development Rezoning and the Development Agreement.
RECOMMENDATION:
Staff recommends that the City Council: hear Staff Presentation, open Public Hearing; question Staff,
Applicant and the Public; close Public Heating; deliberate; and waive the 2nd reading and adopt the
Ordinance (Attachment 1) amending the Zoning Map and approving the related Stage 1 and Stage 2
Planned Development Plans; and waive the reading and adopt an Ordinance (Attachment 2) approving a
Development Agreement for the IKEA Project and authorize the Mayor to execute the Development
Agreement.
ORDINANCE NO. xx-04
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP TO REZONE PROPERTY AND
APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE IKEA
AND HACIENDA LIFESTYLE CENTER PROJECT
PA 02-034
The Dublin City Council does ordain as follows:
SECTION 1: Findings
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The IKEA and the Hacienda Lifestyle Center (together "Market Place at Hacienda") PD-
Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a
comprehensive development plan that creates a desirable use of land that is sensitive to
surrounding land uses by virtue of the layout and design of the site plan, and uses creative design
and a mix of complementary uses to establish the project as a focal point for the area.
2. Development of the Market Place at Hacienda under the PD-Planned Development zoning will
be harmonious and compatible with existing and future development in the surrounding area in
that the retail use of the site would utilize the close proximity of 1-580 freeway. The land uses and
site plan provide effective transitions to the surrounding development of campus office, retail and
the 1-580 freeway.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as
follows.
1. The proposed PD-Planned Development zoning for the Market Place at Hacienda will be
harmonious and compatible with existing and potential development in the surrounding area in
that the retail use of the site would utilize the close proximity of 1-580 freeway. The land uses and
site plan provide effective transitions to the surrounding development including adjacent campus
office buildings, 1-580 freeway, and retail uses.
2. The Site is a relatively flat, infill site, with existing infrastructure (including roads, sewer,
storm drain, potable and recycled water, natural gas, and electricity) located immediately adjacent
to the site with no major or unusual physical or topographic constraints and thus is physically
suitable for the type and intensity of the proposed PD-Plarmed Development district.
3. The proposed PD-Planned Development zoning will not adversely affect the health or safety of
persons residing or working in the vicinity, or be detrimental to the public health, safety and
welfare in that the project will comply with all applicable development regulations and standards
and will implement all adopted mitigation measures.
4. The PD-Planned Development zoning is consistent with the Dublin General Plan and Eastern
Dublin Specific Plan in that the project includes companion amendments to both plans which
amendments were approved by the City Council in Resolution XX-04 on March 16, 2004, and
ATTACHMENT I
which amendments proposed the land uses and development plans reflected in the proposed PD-
Planned Development district.
C. Pursuant to the California Environmental Quality Act, the City Council certified a Supplemental EIR
for the Project in Resolution XX-04 on March 16, 2004, and also adopted mitigation and alternatives
findings, a Statement of Overriding Considerations and a mitigation monitoring plan, as required to
support approval of the project, including approval of the PD-Planning Development zoning.
SECTION 2:
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is
amended to rezone the property described below to a Planned Development Zoning District:
27.54 acres generally located south of the future roadway know as Martinelli Way, east of
Arnold Road, north ofi-580, and west of Hacienda Drive. (APNs: 986-0005-040).
("the Property"). A map of the rezoning area is shown below:
DUBLIN BLVD.
~TINELL, WAY.
SECTION 3.
The regulations for the use, development, improvement, and maintenance of the Property are set
forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby approved.
Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with section 8.32.080 of
the Dublin Municipal Code or its successors.
Stage 1 and 2 Development Plan for Market Place at Hacienda
This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance.
This Development Plan meets all the requirements for a Stage 1 and 2 Development Plan and is adopted
as part of the PD-Planned Development rezoning for the Market Place at Hacienda, PA 02-034. The
Stage 1 and 2 Development Plan consists of the items and plans identified below, many of which are
contained in a separately bound document titled IKEA Entitlement, dated January, 2004 ("Stage 1 and 2
DP booklet"), which is incorporated herein by reference. The Stage 1 and 2 DP booklet is on file in the
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Dublin Planning Department under file no. PA 02-034. The PD-Planned Development District and this
Stage 1 and 2 Development Plan provide flexibility to encourage innovative development while ensuring
that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and
provisions of Chapter 8.32 of the Zoning Ordinance are satisfied.
3. Statement of Approved Uses. The Project will provide a variety of commercial land uses.
Area A will contain the IKEA store and Area B the Hacienda Lifestyle Center (see map
below for description of the two Areas).
~ARllNELL WAY
(oPus)
(IKEA)
AREA A AREA B
PHASE I PHASE II
a. The permitted and conditionally permitted uses for Area A, IKEA, will be as follows:
Permitted Uses:
Home Furnishings Store
Restaurant
Clothing/Fashion Store. .
Office Supply Store.
Home Appliance/Electronics Store.
Home Improvement Store.
Gifts/Specialty Store.
Jewelry and Cosmetic Store.
Book Store.
, Sporting Goods Store.
Uses similar to the foregoing that sell goods based on price and quality.
Secure children's play area (customer serving, limited duration)
Conditional Uses:
Community, Religious and Charitable Institutional Facilities.
Public Facilities and Uses.
Veterinary Office.
Recycling Center.
Hotel.
Outdoor Food Vendors (by Zoning Administrator).
b. The permitted and conditionally permitted uses for Areas B, Hacienda Lifestyle Center, will
be as follows:
Permitted Uses:
Home Furnishings Store
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Clothing/Fashion Store.
Office Supply Store.
Home Appliance/Electronics Store.
Gifts/Specialty Store.
Jewelry and Cosmetic Store.
Book Store.
Sporting Goods Store.
Uses similar to the foregoing that sell goods based on price and quality.
Office and service establishments including, but not limited to, the following:
Bank/Savings and Loan.
Real Estate/Title Office.
Travel Agent.
Legal.
Accounting.
Medical and Dental.
Optometrist.
Architect.
Employment Agency.
Hair/Beauty Salon.
Cleaner and Dryer.
Formal Wear/Rental.
Other Administrative and Professional Office.
Technology Access Center.
Video Rentals.
Commercial School.
Eating, drinking and entertainment establishments including, but not limited to, the
following with limited outdoor seating ~:
Restaurant (full-service, sit-down) 2
Restaurant (convenience: coffee shop, delicatessen, bakery, ice cream shop,
sandwich shop) 2
Wine or Liquor Bar with On-Sale Liquor License.
Micro-Brewery.
Specialty Food.
Conditional Uses:
Community, Religious and Charitable Institutional Facilities.
Public Facilities and Uses.
Veterinary Office.
Animal Sales and Service.
Recycling Center.
Hotel.
Massage establishment (primary or accessory)
Outdoor food vendors (by Zoning Administrator).
Permanent outdoor retail sales not associated with an existing business.
Home Improvement Store.
Dance Floor
~ Subject to Site Development Review Waiver approval by Community Development Director, if not specifically approved through the Site Development
Review for the project.
2 Under the proposed tenant mix, restaurant uses would account for 20,000 square feet of floor area. Prior to approving a tenant improvement / City business
license for additional restaurant floor area within Hacienda Lifestyle Center, the applicant shall provide evidence to the satisfaction of the Community
Development Director that parking available at the center is adequate to support additional restaurant uses.
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Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the
provisions of this PD District Rezone/Development Plan, all applicable general requirements and
procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District
Rezone.
2. Stage I and 2 Site plan. See Stage 1 and DP booklet, section VII., sheet Al.0.
3. Site Area, Proposed Densities/Development Regulations.
Minimum Lot Size
IKEA (Area A) 8 Acres
Lifestyle Retail (Area B) 25,000 square feet
Maximum Site Coverage
IKEA (Area A) 55%
Lifestyle Retail (Area B) 35%
Maximum Floor Area Ratio 34.6% Blended
IKEA (Area A) 46%
Lifestyle Retail (Area B) 23%
Maximum Bu. ilding Area 454,000 square feet
IKEA (Area A) 317,000 square feet
Lifestyle Retail (Area B) 137,000 square feet
Minimum Building- Property Line / 20' at 1-580, Hacienda Drive and Arnold
Access Easement Setback Road.
0' on Martinelli Way.
· 10' at property line on main entry road
(Area A / B common property line).
Parking Spaces Require& 1,405 Spaces
IKEA (Area A) 815 Spaces
Lifestyle Retail (Area B) 590 Spaces
Minimum Parking- Property Line 5' from property line at public streets and
Setback 10' at property line on main entry road
(Area A / B common property line).
5' at Cal Trans right of way
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Parking Stall Dimensions Standards To be per Chapter 8.76 Off-Street Parking
And Loading Regulations of the Dublin
Municipal Code, unless otherwise noted
below.
Parking Stall Dimensions Standards, 10' X 18' spaces with 24' drive aisle
below building structure (Area A)
Maximum Building Heights:
IKEA (Area A) 50'-6" to top of roof.
54'-0" to top of typical parapet.
70'-0" to top of entry parapet.
Lifestyle Retail (Area B)
Two-story buildings, to top ofroofi 50'
One-story buildings, to top of roof: 35'
Signage
IKEA (Area A) Pursuant to an approved Master Sign
Program
Lifestyle Retail (Area B) Pursuant to an approved Master Sign
Program
4. Architectural Standards.~
Area A
Area A will have a modernist design with a European influence. IKEA's stores conform to a standardized
design concept with the exterior design of each IKEA store based upon simple rectangular forms with a
distinctive store entrance feature. The exterior colors arc blue and yellow, to match the colors of the flag
of Sweden, the home of IKEA's founder and original store.
The simple form of the IKEA building is enhanced by the juxtaposition of protruding planes, material
textures, and colors. The building's entry is highlighted by square yellow metal panels forming a 70' high
angled wall. The main building penetrates through this entry feature and forms a glass wall. This entry is
contrasted by the main building featuring vertically-oriented, blue, textured, metal panels with ribbon
windows. The ribbon windows are similar to windows found on office buildings as well. The building is
raised on columns and parking is located on grade level below thc building and therefore, no parking
garage is necessary. Additional parking is located on the site around the building as well. This design
complements the adjacent center with its colors and simple form.
Area B
An overall architectural theme will bc established for the entire Hacienda Lifestyle Center. The site
development plan shall integrate the uses, structures, parking and site circulation to create an integrated
retail experience, rather than a variety of independent buildings. Thc architecture for all of the buildings
in Area B will incorporate complementary design elements using similar building materials, design
concepts, landscaping and site amenities, in order to provide harmonious buildings which blend with each
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other and the surrounding uses, while offering the opportunity for corporate identity architecture. The
overall effect intended for the Project is to provide an integrated lifestyle shopping and dining experience.
Through architectural design, a signature statement can be created to define Area B and make it visually
unique to other projects in the vicinity. The architectural design elements will coordinate with vehicular
and pedestrian signature elements, as well as landscaping and open space signature features.
The front and side facades of buildings will be designed to provide visual interest to pedestrians and
motorists. Front and side building facades shall include sufficient articulation to prevent long, horizontal
elements and uninterrupted walls. Street facing facades which are the back of the building will also have
architectural interest to provide signage and identification. The design of windows, reveals, parapets and
other architectural features should promote a visually stimulating and coherent architectural theme. Long
stretches of windows shall be broken up by perpendicular elements. Individualized storefronts of different
color and style may be utilized, where appropriate. Distinctive materials will be used in the design of
entry areas to highlight the entry experience.
Rooftop mechanical equipment will be screened from view. Truck dock areas will be designed as a part
of the overall architectural design, such that the view of these areas shall be screened from street views or
otherwise architecturally treated to resemble the side or front of the same building. Storage trash and
service facilities will be architecturally integrated with the main building design.
In order to ensure uniformity throughout the design phase the following specific design guidelines for
Area B are included:
Intent of Design Guidelines
The intent of the Design Guidelines are to regulate site development and to promote flexibility using site
planning criteria specifically for The Hacienda Lifestyle Center, a "lifestyle" retail center. These
regulations are intended to encourage innovative site and design solutions that will accommodate a mix of
retail, restaurant and service uses. The site development plan shall integrate the uses, structures, parking
and site circulation to create an integrated retail experience, rather than a variety of independent buildings.
The architecture for all of the buildings on site shall incorporate consistent, and recurring design elements
using similar building materials, design concepts, landscaping and site amenities, in order to Provide
harmonious and complementary buildings which blend with each other and the surrounding uses, while
offering the opportunity for corporate identity architecture. The overall effect intended for the project is
to provide an integrated lifestyle shopping and dining experience.
The development is bordered on the south by Highway 580; on the west by the IKEA project; and on the
north and east by Martinelli Way and Hacienda Boulevard respectively. Site access is via Martinelli Way
and the common entry road, IKEA Way.
Area B Design Guidelines
A. Site Development Review: Site development for the Hacienda Lifestyle Center shall be guided by
the following Design Guidelines and applicable sections of the Zoning Ordinance of the City of
Dublin. The Site Development Review Application for this site, shall address the requirements set
forth in the City of Dublin Zoning Ordinance and shall provide additional explanatory text and
graphics addressing the following topics:
(1) Statement of the site development concept which defines an attractive and harmonious
development theme for site planning, architecture and landscape architecture;
(2) Site development plan, including calculations of percent coverage by type of use;
(3) Pedestrian Circulation: An on-site pedestrian circulation plan shall be prepared and
submitted at the time of Site Development Review. This plan will include pedestrian and
vehicular links to the IKEA project to the private walkways between and around buildings.
Connections between buildings and walkways encircling buildings, which limit or
eliminate the need to cross any vehicular drive shall be emphasized. In instances where
pedestrians and motorized vehicles intersect, a change in pavement material or treatments
shall be utilized;
(4) Architectural plans, sections and elevations;
(5) Circulation Plan, for automobiles, parking, motorcycles, trucks, truck loading spaces,
pedestrians and bicycles, including curb radii and truck maneuvering templates;
(6) Landscape Master Plan, including a description of all landscape materials, such as plants,
furniture and fencing; their arrangement and a maintenance program; and a calculation of
percent coverage by type of landscaped area;
(7) Grading and Utility Plans;
(8) Lighting Master Plan, including a description of the location and types of fixtures;
(9) Master Sign Plan, including the specifications for each type of sign.
(10) 'A Development Schedule showing date of 'commencement, annual accomplishments,
completion of construction and occupancy dates.
B. Site Design: Site design is to establish the character, form and aesthetic features that contribute to the
creation of a development that is in harmony internally and with its setting and is in conformance with
standard conditions of approval and policies of the City of Dublin where applicable_.
(1) Front and side yard setbacks shall be fully landscaped;
(2) Major access points shall be oriented to attractive features of buildings or open space;
(3) Signature Statement: Each site individually shall incorporate a signature statement which
visually identifies this property. (See "Open Space, Landscaping, Circulation and
Architectural Design" below);
(4) The site shall be designed to institute State Regional Water Quality Control Board Best
Management Practices for storm drainage. All parts of the site, including building pads,
parking, loading, access driveways and maneuvering areas shall be graded and well-
drained and shall be maintained at all times. Drainage outlets shall include a sign reading
"No Dumping/Flows into the Bay";
(5) Trash/Recycling Enclosures: Each building shall provide adequate and accessible interior
or exterior enclosures for trash and recycling facilities. Exterior facilities shall be enclosed
by a solid wall and opaque gate six feet in height (minimum) and shall not be located near
any pedestrian access points or outdoor usable open space areas;
C. Open Space and Landscaping: Open space shall include landscaping in entries, plazas/courtyards,
parking areas, front and side yard setbacks and other similar uses. Up to two (2) feet of boundary
landscaping (front bumper overhang) may be counted as "parking area landscaping".
(1) A common landscape theme and common palette of landscape materials shall be used
throughout The Hacienda Lifestyle Center;
(2) All landscaped areas shall be continuously maintained;
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(3) Landscape design and maintenance should respond to prevailing water conservation
policies and be compatible with recycled water. The plant materials shall be well suited to
the climate of the region and shall require minimum water;
(4) Plazas/Courtyard Areas: Landscaped areas shall be provided to create comfortable and
usable outdoor areas that integrate hardscape and softscape. Planting, special paving and
other landscaping materials should be 'selected to maximize enjoyment of the outdoor area,
given climatic considerations. These courtyard/plaza areas shall be oriented toward focal
points and shall allow for passive uses, such as eating areas. The scale of these areas shall
be pedestrian-friendly and attractive to encourage use;
(5) Pedestrian Walkways: Walkways internal to the site shall be distinguished with special
paving. All walkways shall be a minimum of five (5) feet in width. Adjacent to parking
areas, minimum of 4' clear distance shall be maintained for walkways between the car
overhang and the edge of the walkway. (See "Pedestrian Circulation" above);
(6) Parking Areas: These standards regulate the provision parking spaces for the automobiles
of tenants of the premises and for their clients, customers, employees and callers. They are
required to remain accessible for these purposes continuously. The minimum number and
dimension of parking stalls shall be governed by the City of Dublin Zoning Ordinance.
Parking on the utility easement area at the south property line shall include landscape
strips;
a. The landscaped strips shall be:
(i) at least 5 feet wide betWeen the parking area and the north, west and south property
line.
(ii) at least 15 feet between the parking area and other building walls except' in areas
designated for track docking, maneuvering and parking.
(iii)at least 10 feet between the parking area and other building walls except in areas
designated for truck docking, maneuvering and parking.
(iv)At entries, sidewalks shall be incorporated into the landscaped strip. A minimum
of 4 feet clear width shall be maintained for any sidewalk.
b. A minimum of one (1) parking lot tree shall be planted for every tWenty (20)
parking spaces. Trees shall be distributed throughout the parking areas, shall be of
a variety that offers a substantial shade canopy when mature and shall be a
minimum 15-gallon size when planted. Tree planters shall have standard six-inch
curbs on all sides and shall have good surface drainage. Trees shall be planted as
part of the construction process for the parking area. Rectangular tree wells shall
be used between the rows of parking. The design standards established in the
Dublin Zoning Ordinance shall be utilized unless herein superseded.
c. The parking area shall contain landscaped islands with a minimum dimension of
five feet by five feet, excluding curb. Landscaped islands or adjacent trees in
planting strips shall be located for every twenty (20) parking spaces in a single row.
d. Signature Statement: In conjunction with the site design and architectural design of
the project, a Landscape / Open Space Statement shall be incorporated. Visual
identity for The Hacienda Lifestyle Center as a unique property shall be created.
Unique landscape elements are to be incorporated with the site's overall signature
element.
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D. Circulation: Access and on-site circulation should allow the movement of vehicles, bicycles and
pedestrians in a safe, efficient and logical manner.
(1) Entryways: Attractive entryways shall be provided to for vehicles and pedestrians;
(2) Entries should be oriented toward internal or external open space, landscape or
architectural features;
(3) Access drives shall be located to orient visitors to the building entries, wherever feasible;
(4) Access drives shall be designed with adjacent lots to provide sufficient automobile
stacking during peak periods of use;
(5) Access drives shall have minimum curb of 20 feet;
(6) Distinctive landscape materials and focal elements shall be used at each major entry;
(7) A pedestrian walkway shall link the public sidewalk on each frontage with on-site
pedestrian circulation routes;
(8) Driveways: Vehicular circulation routes within the site should provide efficient means of
moving goods or passengers while avoiding long, unbroken drives or aisles in parking
areas to discourage speeding and through-traffic; and
(9) Signature Statement: Vehicular circulation can encompass both landscape and paving
alternatives to create an identity unique to a particular site. Items such as embellished
pavement, roundabout, etc., which serve to channel and direct traffic; shall be utilized;
E. Architectural Design: An overall architectural theme is to be established for the entire site. Through
architectural design, a signature statement can be created to define The Hacienda Lifestyle Center and
make it visually unique to other projects in the vicinity. Utilizing architectural building materials and
architeCtural deSign techniques, The Hacienda Lifestyle Center will project a statement to define this
site. The architectural design elements shall coordinate with vehicular and pedestrian signature
elements, as well as landscaping and open space signature features.
(1) The front and side facades of buildings shall be designed to provide visual interest to
pedestrians and motorists. Front and side building facades shall include sufficient
articulation to prevent long, horizontal elements and uninterrupted walls. Street facing
facades which also incorporate service uses for the building will have architectural interest
and be of a size sufficient to provide space for signage and identification;
(2) The design of windows, reveals, parapets and other architectural features should promote a
visually stimulating and coherent architectural theme. Long stretches of windows shall be
broken up by perpendicular elements. Tenants will be permitted to modify individual
storefronts pending review and approval by the landlord;
(3) Entries: Distinctive materials shall be used in the design of entry areas to highlight these
areas.
(4) Rooftop mechanical equipment shall be screened from view;
(5) Truck docking areas shall be designed as a part of the overall architectural design for a
principal building, such that the view of these areas shall be screened to the maximum
extent feasible from street views or otherwise architecturally treated to resemble the side or
front of the same building;
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(6) Storage facilities: Storage facilities shall be architecturally integrated with the main
building design; and
(7) Outdoor Storage: Outdoor storage of materials is specifically prohibited.
F. Lighting and Street Furniture: Lighting shall conform to the City of Dublin standards. Both light
standards and street furnitUre shall establish an architectural style which mirrors and complements the
building architecture.
(1) Pedestrian walkways, entry areas, courtyards and plazas should be lighted to provide a
sense of personal safety for pedestrians and to minimize shadows;
(2) Interior private streets, driveways and parking areas shall be lighted with fixtures of a
consistent character and quality; and
(3) All lighting shall be shielded in a manner that prevents visibility of the light source and
that minimizes glare and light spillover beyond the perimeter of the development.
G. Signage: A clear, hierarchically organized system of signage shall be provided to orient users to
various destinations. All signs are to conform to the City of Dublin standards and are to be a uniform
style throughout the site while allowing specific tenant identity, although the restaurants may use
signs that promote its identity. The signage elements shall complement the site architectural theme.
H. Utilities: Pad-mounted transformers, water mains and other utilities shall be located and screened to
minimize visibility. No structures other then fencing, asphalt paving for parking and landscaping
shall be located within any portion of the public utility easement unless authorized subject to an
encroachment permit.
I. pOtential Materials: .
(1) Colored concrete walks; paver accents;
(2) Concrete seatwalls / Landscape planters;
(3) Glazed tile, stone, metal or wood accents
(4) Plaster / CMU building enclosures;
(5) Canopies of canvas, steel space frames, or other structural elements;
(6) Combination of flat and sloped roofs, mansards and raised parapets;
(7) Ironwork accents and trellis; and or
(8) Mixed colored storefronts of varying colors and heights.
5. Phasing Plan. The Project will be constructed in two phases. The IKEA , Area A site will be
developed first and with development of the Area B site following about a year later.
0KE^) i (OPUS)
AREA a :~ AREA b
PHASE I PHASE I1
I I
6. Master Neighborhood Landscaping Plan/Preliminary Landscape Plan. See Stage 1 and
2 DP booklet, Section VII, ShcetsA1.0, A1.0b, LI.1, L1.2, and Offsite CalTrans Planting
Plan.
7. General Plan and Specific Plan Consistency. The Market Place at Hacienda project
includes a General Plan amendment which modifies General Plan maps and text for the
project. The project also includes an amendment to the Eastern Dublin Specific Plan to
modify the land use designation. The project PD-zoning and this Stage 1 and 2 Development
Plan shall not be effective until the above general plan amendments and specific plan
amendment are approved and effective.
8. Inclusionary Zoning Regulations. The project contains only commercial uses. The
Inclusionary Zoning Regulations do not regulate non-residential projects.
9. Aerial Photo. See Stage 1 and 2 DP booklet, Section III, Page 7
10. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided
in this Stage 1 and 2 Development Plan, the use, development, improvement and
maintenance of the Property shall bc governed by thc provisions of the Dublin Zoning
Ordinance pursuant to section 8.32.060.C.
11. Statement of compatibility with Stage 1 Development Plan. The Stage 2 portion of this
: Development Plan is consistent with the Stage 1 portion of this Development Plan.
SECTION 4.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
SECTION 5.
This ordinance shall take effect and be enforced thirty (30) days from and after its passage and
after the effective date the IKEA Project General Plan amendment.
12
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 6th day of April 2004, by
the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:LPA#~2002\02-034 IKEA\City Council\pd or&doc
13
ORDINANCE NO. xx-04
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT FOR PA 02-034
IKEA PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. IKEA Property, Inc. submitted applications for an IKEA store, a retail center and related
improvements on a 27.54 acre site north of 1-580, between Arnold Road and Hacienda Boulevard.
The project proposes an approximately 317,000 square foot IKEA store on the westerly portion of
the site, and an approximately 137,000 square foot retail center on the easterly portion of the site.
The development includes applications to amend the General Plan and Eastem Dublin Specific Plan
from Campus Office to General Commercial; to rezone the site to PD-Planned Development and
adopt related Stage 1 and Stage 2 Development Plans; to approve a Site Development Review for
the IKEA store; and to approve a vesting tentative parcel map and development agreement. The
applications are collectively known as the "Project"; and
B. The City prepared and circulated a Draft Supplemental EIR analyzing the potential environmental
effects of the Project. The City prepared a Final Supplemental EIR comprised of written responses
to all comments received on the Draft Supplemental EIR. On February 24, 2004, the Planning
Commission adopted Resolution 04-10 recommending that the City Council certify the Draft and
Final Supplemental EIRs as the Supplemental Environmental Impact Report for the Project, which
resolution is incorporated herein by reference.
C. On March 24, 2004, the City Council adopted Resolution __-04, incorporated herein by reference,
certifying the SEIR as adequate and complete pursuant to the California Environmental Quality Act,
and adopting mitigation and alternatives findings as well as a Statement of Overriding
Considerations and a Mitigation Monitoring Program as required for approval of the Project.
D. The text of the Development Agreement is attached to this resolution as Exhibit A.
E. The Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan and is authorized by Government Code section 65865 and Chapter 8.56 of the Dublin
Municipal Code.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on February 2'4, 2004, for which public notice was given as provided by law.
G. A public heating on the proposed Development Agreement was held before the City Council on
March 16, 2004 and April 6, 2004, for which public notice was given as provided by law.
H. The City Council has considered the recommendation of the Planning Commission who considered
the item at the February 24, 2004, meeting, including the Planning Commission's reasons for its
denial, the Agenda Statement, all comments received in writing and all testimony received at the
public hearing.
ATTAC tMEi IT 2
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastem Dublin General Plan Amendment, (d) the Specific Plan, (e) the EIR
and SEIR, (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City
Council finds and determines that:
1. Said Agreement is consistent with the objectives, policies, general land uses and programs
specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern Dublin Specific
Plan/General Plan land use designation for the subject site is proposed to be Planned Development and
that the IKEA Project is consistent with that designation; b) the projects are consistent with the fiscal
policies in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific
Plan/General Plan; c) the Agreement sets forth the rules the Developer and City will be governed by
during the development process which is required by the Eastern Dublin Specific Plan; and the Mitigation
Monitoring Program of the Eastern Dublin Specific 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 General Plan and Specific Plan Amendment, a Planned Development Rezoning including related
Stage 1 and 2 Development Plan, Site Development Review, Master Sign Program, and Vesting Tentative
Map.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies will implement land use guidelines set forth in the Specific Plan and the
General Plan, as amended, which have planned for the uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin SPecific P1an'
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 and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreements (Exhibit A) and authorizes the
Mayor to sign.
Section 4. RECORDATION
Within ten (10) days after the Development Agreements are 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 and after the effective date the IKEA Project General Plan amendment. 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 6th day of April
2004, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GSPA#~002\02-034 IKEA\City Cotmcil'~DA ORD 3-4-04.doc
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 CiviC Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
IKEA PROPERTY, INC
FOR THE IKEA PROJECT
~AR 1 0 2004
' ~BL!~ PLANNIING
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THIS DEVELOPMENT AGREEMENT is made and entered in the City of .
Dublin on this day of ,2004, by and between the CITY OF DUBLIN, a
Municipal Corporation (hereafter "CITY") and IKEA Property, Inc., a "be" corporation
(hereafter "DEVELOPER") pursuant to the authority of §§65864 et seq. of the California
Government Code and Dublin Municipal Code, Chapter 8.56. CITY and DEVELOPER
are, from time-to-time, individually referred to in this Agreement as a "Party," and are
collectively referred to as Parties.
RECITALS
A. California Government Code §§65864 et seq. ("Development
Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter
"Chapter 8.56") authorize the CITY to enter into a Development Agreement for the
development of real property with any person having a legal or equitable interest in
such property in order to establish certain development rights in such property.
B. DEVELOPER desires to develop and holds an equitable interest in, in
that it has the right to purchase, certain real property, consisting of approximately 27.54
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." The
Alameda County Surplus Property Authority presently is the fee owner of the Property.
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property. The Eastern Dublin
Specific Plan requires DEVELOPER to enter into a development agreement.
E. DEVELOPER proposes the development of the Property as a retail
center on two separate lots consisting of an approximately 317,000 square foot IKEA
home furnishings store (to be constructed on the "IKEA Parcel") and an adjacent
"Lifestyle Retail Center" with a total of approximately 137,000 square feet of building
area (to be constructed on the "Retail Center Parcel") (collectively the "Project").
F. DEVELOPER antiCipates that, upon receiving all entitlements and fee
title to the Property, it will transfer title to the Retail Center Parcel to Opus West
Corporation, which intends to develop the Retail Center Parcel.
G. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including, without limitation,'a General Plan Amendment (Resolution No. ),
a Specific Plan Amendment (Resolution No. __.), Planned Development District
rezoning (including Stage I and 2 Development Plan) (Ordinance No. __.), a Site
Development Review approval that would apply to the IKEA Parcel only (Resolution No.
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__) ("IKEA SDR"), a Master Sign Program (Resolution No. ), and vesting tentative
map (with multiple final maps). All such approvals collectively, together with any
approvals or permits now or hereafter issued with respect to the Project are referred to
as the "Project Approvals."
H. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals, which, if granted, but excepting any site
development review approval with respect to the Retail Center Parcel, shall
automatically become part of the Project Approvals as each such approval becomes
effective.
I. CITY desires the timely, efficient orderly and proper development of
the Project.
J. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern Dublin
Specific Plan and has been reviewed and evaluated in accordance with the
Development Agreement Statute and Chapter 8.56.
K. 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.
L. The Project is in the Dublin General Plan Eastern Extended Planning
Area and the Eastern Dublin Specific plan area, for which a Program EIR was certified
pursuant to the California Environmental Quality Act (CEQA) (SCH No. 91-103064,
Resolution 53-93). The City prepared an Initial Study for the IKEA project to determine
whether supPlemental environmental impacts would occur as a result of the project
beyond or different from those already addressed in the Program EIR. Based on the
Initial Study and pursuant to CEQA Guidelines section 15162, the City prepared a
Supplemental EIR to address project changes and new information since certification of
the Program EIR. Supplemental impacts and mitigation measures were identified, the
Supplemental EIR was certified and CEQA findings and a statement of overriding
considerations were adopted by the City Council on ., 2004; and
M. On , the City Council of the City of Dublin adopted
Ordinance No. approving this Development Agreement ("the Approving
Ordinance"). The Approving Ordinance will take effect on ("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:
i _-'~.~.~.-_'77"7_--_-.__-' ~ "-?~'7-~.-~'7¥'.7--7~ . ~-~----'~-7--'7'~7-~7~-77~-.~7-~7' 7_.~7~; ......... -7"'.--~_17-'~ ...'7~:.7..----~--i"~-~.~-- 7 ....... ~-77~i'":71~--"_~7~
Development Agreement Be,.Nveen City of Dublin Page 3 of 17
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AGREEMENT
1. Description of Property.
The Property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Property.
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 date
("the Effective Date") upon which a grant deed conveying the Property from COUNTY to
DEVELOPER is recorded in the Official Records of Alameda County. If a grant deed
conveying the Property from COUNTY to DEVELOPER is not recorded within 12
months of the Approval Date, this Agreement shall automatically terminate without any
further action of the Parties.
4.2 Term. The "Term" of this Development Agreement shall commence
on the Approval Date and extend five (5) years thereafter, unless said Term is
otherwise terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
5.1 Right to Develop. DEVELOPER shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement. the Project Approvals (as and when issued), and any amendments to any
of them as shall, from time to time, be approved pursuant to this Agreement.
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
Development Agreement Between City of Dublin Page 4 of 17
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other terms and conditions of development applicable to the Property, Shall be those
set forth in this Agreement, the Project Approvals and any amendments to this
Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions. (These conditions
do not affect DEVELOPER's responsibility to obtain all other land use approvals
required by the ordinances of the City of Dublin and any permits required by regulatory
agencies.)
See Exhibit B.
5.3.2 Miti.qation Conditions. Additional or modified conditions agreed upon
by the parties in order to eliminate or mitigate adverse environmental impacts of the
Project or otherwise relating to development of the Project.
See Exhibit B
5.3.3 Phasinq, Timinq. Provisions that the Project be constructed in
specified phases, that construction shall commence within a specified time, and that the
Project or any phase thereof be completed within a specified time.
See Exhibit B
5.3.4 Financinq Plan. Financial plans which identify necessary capital
improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of fees or dedication of
property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
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5.3.7 Miscellaneous. Miscellaneous terms. -
See Exhibit B
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 maximum height, bulk and size of proposed buildings shall be those in force
and effect on the effective date of this Agreement.
6.2 Rules re Desiqn and Construction. Unless otherwise
expressly provided in Paragraph 5 of this Agreement or in Chapter 7.28 of the Dublin
Municipal Code, the ordinances resolutions, rules, regulations and official policies
governing design, improvement and construction standards and specifications
applicable to Project construction (but not use) shall be those in force and effect at the
time the DEVELOPER submits its application for the relevant building, grading, or other
construction permits to CITY. In the event of a conflict between such ordinances,
resolutions, rules, regulations and official policies and the Project Approvals, the Project
Approvals shall prevail.
For construction of public infrastructure, the ordinances,-resolutions, rules,
regulations and official policies governing design, improvement and construction
standards and specifications applicable to Project shall be thOse in force and effect at
the time of execution of an improvement agreement between CITY and DEVELOPER
pursuant to Chapter 9.16 of the Dublin Municipal Code.
6.3 Buildinq Standards Codes Applicable. Unless expressly
provided in Paragraph 5 of this Agreement or in Chapter 7.28 of the Dublin Municipal
Code, the Project shall be constructed in accordance with the provisions of the Building,
Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of
Regulations, relating to Building Standards, in effect at the time the DEVELOPER
submits its application for the relevant building, grading, or other construction permits
for the F~roject to CITY.
7. Subsequently Enacted Rules and Requlations.
7.1 New Rules and Requlations. 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 Approval Date and which are not in conflict with those applicable to the
Property as set forth' in this Agreement and the Project Approvals if: (a) the application
of such new or modified ordinances, resolutions, rules, regulations or official policies
Development Agreement Between City of Dublin Page 6 of 17
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would not prevent, impose a substantial financial'burden on, or materially delay
development of the Property as otherwise contemplated by'the Project Approvals and
(b) if such ordinances, resolutions, rules, regulations or official policies have general
(City-wide) applicability.
7.2 Approval of Application. Nothing in this Agreement shall
prevent the CITY from denying or.conditionally approving any subsequent land use
permit or authorization for the Project on the basis of such new or modified ordinances
resolutions, rules, regulations and policies except that such subsequent actions Shall be
subject to any cenditions, 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 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.
7.4 Rights Under Vestinq Ten'tative Map. Notwithstanding
anything to the contrary contained herein, this Agreement shall not supercede any
rights DEVELOPER may obtain pursuant to CITY's approval of the vesting tentative
map for the Project.
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 Approvals for purposes of mitigating environmental and other impacts of
the Project, providing infrastructure for the Project and complying with the Specific Plan
shall be those set forth in the Project Approvals and in this Agreement (including Exhibit
B). The CITY shall not impose or require payment of any other fees, dedications of
land, or construction of any public improvement or facilities, shall not increase or
accelerate existing fees, dedications of land or construction of public improvements, in
connection with any subsequent discretionary approval for the Property, except as set
forth in the Project Approvals and this Agreement (including Exhibit B, subparagraph
5.3.5).
8.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term of this Agreement shall
apply to the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of such
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fees would not prevent development in accordance with this Agreement. By so
agreeing, DEVELOPER does not waive its rights to challenge the legality of any such
application, processing and/or inspection fees.
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 By so agreeing. DEVELOPER.does not waive its
rights to challenge the legality of any such taxes.
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
XlIID 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 effective date of
this Agreement prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps or permits approved by the CITY, the
parties shall meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply with such federal or state law or regulation. Any such
amendment or suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56:
9.2 Amendment by Mutual Consent. This Agreement may be
amended in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions
of the preceding section 9.2, any amendments to this Agreement which do not relate to
(a) the term of the Agreement as provided in section 4.2; (b) the permitted uses of the
Property as provided in section 5.2; (c) provisions for "significant" reservation or
dedication of and as provided in Exhibit B; (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (e) the density or intensity of use of
the Project; (f) the maximum height or size of proposed buildings; or (g) monetary
contributions by DEVELOPER as provided in this Agreement, shall not, except to the
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extent otherwise required by law, require notice or public hearing before either the
Planning Commission or the City Council before the parties may execute an
amendment hereto. CITY's Public Works Director shall determine whether a
reservation or dedication is "significant".
9.4 Cancellation by Mutual Consent. Except as otherwise
3ermitted herein, this Agreement may be canceled in whole or in part only by the
mutual consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B of
this Agreement prior to the date of cancellation shall be retained by CITY.
10. Term of Proiect Approvals.
Pursuant to California Government Code Section 66452.6(a), the term
of the parcel map described in Recital G above shall automatically be extended for the
term of this Agreement. The term of any other Project Approval shall be extended only
if so provided in Exhibit B.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement
shall be between July 15 and August 15, 2005 and each July 15 to August 15
thereafter.
11.2 Initiation of Review. The CITY's Community Development
Director shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56 by giving to DEVELOPER thirty (30) days' written notice that the CITY intends to
undertake such review. DEVELOPER shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Development Agreement.
The burden of proof by substantial evidence of compliance is upon the DEVELOPER.
11.3 Staff Reports. To the extent practical, CITY shall deposit in
the mail and fax to DEVELOPER a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by CITY in connection
with the annual review shall be paid by DEVELOPER in accordance with the City's
schedule of fees in effect at the time of review.
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12. Default.
12.1 Other Remedies Available. Upon the occurrence of an
event of default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in CITY's regulations governing
development ag reements, expressly including the remedy of specific performance of
this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of
default by any party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting p'arty within
twenty (20) days after service of such notice of default, the nondefaulting party may
then commence any legal or equitable action to enforce its rights under this Agreement;
provided, however, that if the default cannot be cured within such thirty (30) day period,
the nondefaulting party shall refrain from any such legal or equitable action so long as
the defaulting party begins to cure such default within such thirty (30) day period and
diligently pursues such cure to completion. Failure to give notice shall not constitute a
waiver of any default.
12.3 No Damaqes Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination ofthis Agreement.
13. Estoppel Certificate.
Any 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 writin'g, or if so
amended, identifying the amendments, and (c) to the knowledge of the certifying party
the reouesting 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 DEVELOPER. Should the party receiving the
request not execute and return such certificate within the applicable period, this shall
not be deemed to be a default, provided that such party shall be deemed to have
certified that the statements in clauses (a) through (c) of this section are true, and any
party may rely on such deemed certification.
14. Mort,qa,qee Protection; Certain Riqhts of Cure.
14.1 Mortgagee Protection. This Agreement shall be superior
and senior to any lien placed upon the Property,. or any portion thereof after the date of
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recording this Agreement, including the lien for any deed 'of trust or mortgage
("Mortgage"). Notwithstanding .the foregoing, no breach hereof shall defeat, render
invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but
all the terms and conditions contained in this Agreement shall be binding upon and
effective against any person or entity, including any deed of trust beneficiary or
mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by
foreclosure trustee's sale, deed in lieu of.foreclosure, or otherwise.
14.2 Mortgagee Not Obliqated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or
complete the construction of improvements, or to guarantee such construction o{
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 bythis Agreement.
14.3 Notice of Default to Mortqa.qee and Extension of Ri(iht to
Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of
default given DEVELOPER hereunder and specifying the address for service thereof,
then CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY that
DEVELOPER has committed an event of default. Each Mortgagee shall have the right
during the same period available to DEVELOPER to cure or remedY, or to commence
to cure or remedy, the event of default claimed set forth in the CITY's notice. CITY,
through its City Manager, may extend the thirty-day cure period provided in section 12.2
for not more than an additional sixty (60) days upon request of DEVELOPER or a
Mortgagee.
15. Severability.
The unenforceability, invalidity or illegality of any provisions, covenant,
cOndition or term of this Agreement shall not render the other provisions unenforceable
invalid or illegal.
16. Attorneys' Fees and Costs.
If CITY or DEVELOPER initiates any action at law or in equity to
enforce or interpret the terms and conditions of this Agreement, the prevailing 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 and appear in
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defending such action. DEVELOPER shall bear its own costs of defense as a real
party in interest in any such action, and DEVELOPER shall reimburse CITY for all
reasonable court costs and attorneys' fees expended by CITY in defense of any such
action or other proceeding.
17. Transfers and Assiqnments.
17.1 DEVELOPER's Riqht to Assiqn. 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, which
approval shall not be unreasonably withheld or delayed. The City Manager shall
consider and decide the matter within 10 working days after DEVELOPER's notice
provided 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 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 the
DEVELOPER's obligations hereunder not withheld by DEVELOPER pursuant to section
17.3. Notwithstanding the foregoing, provided notice is given as specified in Section
23, no CITY approval shall be required for any transfer, sale, or assignment of this
Agreement to: 1) any entity which is an affiliate or'subsidiary of DEVELOPER; 2) any
Mortgagee; 3) any transferee of a Mortgagee; or 4) Opus West Corporation, or its
affiliates ("Opus West"), in conjunction with the sale of that portion of the Property
described as the Retail Center Parcel from DEVELOPER to Opus West, provided that
DEVELOPER has, at the time of the transfer, complied with all obligations of this
Agreement or provided evidence satisfactory to the City Manager demonstrating that
the remaining obligations have been allocated between DEVELOPER and Opus West.
17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of DEVELOPER's rights, interests and obligations hereunder pursuant
to section 17.1 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,
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or assignee shall be subject to all the provisions hereof and shall provide all necessary
documents, certifications .and other necessary information prior to City Manager
approval.
17.3 Developer's Right to Retai.n Specified Rights or Obligations.
Notwithstanding sections 17.1 and 17.2 and section 18, DEVELOPER may withhold
from a sale, transfer or 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 apolicable to DEVELOPER with respect to such retained rights,
interests and/or obligations.
18. 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, representatives, lessees, and all other persons acquiring
the Property, or any portion thereof, or any interest therein, whether by operation of law
or in any manner whatsoever. All of the provisions of this Agreement shall be
enforceable as equitable servitude and shall constitute covenants running with the land
pursuant to applicable aws, 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 respeot 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.
19. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. 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
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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). If CITY is named as a party to any legal action, CITY will cooperate with
DEVELOPER, will appear in such action and will not unreasonably withhold approval of
a settlement otherwise acceptable to DEVELOPER. If CITY is named as a party to any
legal action, CITY will cooperate with DEVELOPER, will appear in such action and will
nol~ unreasonably withhold approval of a settlement otherwise acceptable to
DEVELOPER.
21 .' Insurance.
21.1 Public Liability and Property Damaqe Insurance. At all times
that DEVELOPER is constructing any improvements that will become public
improvements, DEVELOPER shall maintain in effect a policy of comprehensive general
liability insurance with a per-occurrence combined single limit of not less than one
million dollars ($1,000,000.00) and a deductible of not more than ten thousand dollars
($10,000.00) per claim. The policy so maintained by DEVELOPER shall name the
CITY as an additional insured and shall include either a severability of interest clause or
cross-liability endorsement
21.2 Workers Compensation Insurance. At all times that
DEVELOPER is constructing any improvements that will become public improvements,
DEVELOPER shall maintain Worker's Compensation nsurance for all persons
employed by DEVELOPER for work at the Project site. DEVELOPER shall require
each contractor and subcontractor similarly to provide Worker's Compensation
insurance for its respective employees. DEVELOPER agrees to indemnify the City for
any damage resulting from DEVELOPER's failure to maintain any such insurance.
21.3 Evidence of InSurance. Prior to commencement of
construction of any improvements which will become public improvements,
DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in
Sections 21.1 and 21.2 and evidence that the carrier is required to give the CITY at
least fifteen days prior written notice of the cancellation or reduction in coverage of a
policy. The insurance shall extend to the CITY. its elective and appointive boards,
commissions, officers, agents, employees and representatives and to DEVELOPER
performing work on the Project.
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22. Sewer and Water. --
DEVELOPER acknowledges that it muSt obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of CITY.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notice required to be given to DEVELOPER shall be addressed as
follows:
IKEA Property, Inc.
496 W. Germanton Pike
Plymouth Meeting, PA 19462
Attention: President
With copies to: Doug Greenholz
IKEA Property, Inc.
3350 Brunell Drive
Oakland, CA 94602
Michael P. Durkee
Allen Matkins
333 Bush Street, 17th Floor
San Francisco, CA 94104
A party may change address by giving notice in writing to the other party and thereafter
all notices shall be addressed and transmitted to the new address. Notices shall be
deemed given and received upon personal delivery, or if mailed, upon the expiration of
48 hours after being deposited in the United States Mail. Notices may also be given by
overnight courier which shall be deemed given the following day or by facsimile
transmission which shall be deemed given upon verification of receipt.
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"Recitals.
The foregoing Recitals are true and correct and are made a part
hereof.
25. Agreement is Entire Understandinq:
This Agreement constitutes the entire understanding and agreement
of the parties.
26. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description Of Property
Exhibit B Additional Conditions
27. Counterparts.
This Agreement is executed in three (3) duplicate originals, each of
which is deemed to be an original.
28. Recordation.
CITY shall record a copy of this Agreement within ten days of
DEVELOPER providing CITY notice that a grant deed conveying the Property from
COUNTY to DEVELOPER is recorded in the Official Records of Alameda County.
[EXECUTION PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have caused ~his Agreement to
be executed as of the date and year first above written.
CITY OF DUBLIN:
By: Date:
Mayor
Attest:
By: Date:
City Clerk
Approved as to Form'
City Attorney
IKEA PRO.,PE,~TY, INC., a i72~r~,~r-~ Corporation
Its: ¢)~&i'&,%~ /
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Exhibit A
Property Description
All that certain real property situated in the City of Dublin. County of Alameda, State of
California, described as follows:
Parcel 2 of Parcel Map 7714 recorded on August 1, 2001, in Book 260 of Parcel Maps
at Pages 30 through 33, Recorder's Series No. 2001277299, Alameda County records.
598986.06 SF
Exhibit B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3
above.
SubparagraPh 5.3.1 -- Subsequent Discretionary Approvals
Development of the Lifestyle Retail Center on the Retail Center Parcel will require
site development review approval.
SubparaRraph 5.3.2 -- Mitiqation Conditions
Subsection a. Infrastructure Sequencing Program
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of dedication)
identified in Resolution No. approving Site Development Reviev~ ("the SDR
Resolution") shall be completed by DEVELOPER to the satisfaction and requirements
of the Public Works Director at the times and in the manner specified in the SDR
Resolution unless otherwise provided below.
--Condition No. 94 [Dublin Boulevard/Dougherty Road Intersection
Improvements]
Condition No. 94 (in relevant part) reads as follows:
Traffic Study and Required Roadway Improvements. The
Applicant/Developer shall construct all necessary on-site and off-
site traffic mitigation/roadway improvements as discussed in Final -
Report: IKEA Retail Center Transportation Study prepared by Fehr
& Peers Transportation Consultants dated August 2003. Said
mitigations include:
· .. The applicantshall advance to the City, at the time and in the
manner set forth in the Development Agreement, monies for
acquisition of right-of-way for needed for the improvements
planned for the intersection of Dublin Boulevard and Dougherty
Road and for construction of such improvements.
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598986.06 SF
- DEVELOPER shall provide CITY With DEVELOPER's fair
share, as determined by CITY on the basis of the Project's trips, for
the costs of design and construction of Dublin BoulevardlDoughertY
Road Intersection Improvements by a payment to CITY in cash in
the amount of the Project's fair share of the deficiency, if any,
between funds available to CITY for CIP Project # 96852
[Dougherty Road/Dublin Blvd. Intersection] and the cost of such
project. Such payment shall be made within 30 days of written
notice from the Public Works Director, which notice will be given
following bid opening. Notwithstanding the provisions of Section 4
of this Agreement, those portions of Condition 94 associated with
the Dublin Boulevard/Dougherty Road intersection improvements
and the provisions of this subsection shall survive termination of
this Agreement.
(ii) Sewer
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water
An all-weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the SDR
conditions of approval to the satisfaction and requirements of the CITY's fire
department.
All potable water system components to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
Recycled water lines shall be installed n accordance with the SDR
conditions of approval.
(iv) Storm Drainaqe
Prior to issuance of the first Certificate of Occupancy for any building
which is part of the Project, the storm drainage systems off site, as well as on site
drainage systems to the areas to be occupied, shall be improved to the satisfaction and
requirements of the Dublin Public Works Department applying CITY's and Zone 7
(Alameda County Flood Control and Water Conservation District, Zone 7) standards
and policies which are applicable given the VTM. Pursuant to Alameda County's
National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the
C~lif~'n'ia Regional W~itei'- Quality/~Cbnt'i"OI Boa-i~d,- all grading,-~ib'rist-¢uction,~ a-n'd
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development activities within the City of Dublin must comply with the provisions of the
Clean Water Act. Proper erosion control measures must be installed at development
sites within the City during construction, and all activities shall adhere to Best
Management Practices.
(v) Other Utilities (e.q. _clas, electricity, cable televisiOns, telephone)
Construction of other utilities shall be complete by phase prior to
issuance of the first Certificate of Occupancy for any building within that specific phase
of development.
Subsection b. Miscellaneous
(i) Completion May be Deferred.
Notwithstanding the foregoing, CITY's Public Works Director may, in his
or her sole discretion and upon receipt of documentation in a form satisfactory to the
Public Works Director that assures completion, allow DEVELOPER to defer completion
of discrete portions of any of the public improvements required for the Project until after
'ssuance of Certificate of Occupancy for the first building for the Project if the Public
Works Director determines that to do so would not jeopardize the public health, safety
or welfare.
Subparagraph 5.3.3 -- Phasinq, Timing
This Agreement contains no requirements that DEVELOPER must initiate or
complete development of the Project within any period of time set by CITY. It is the
intention of this provision that DEVELOPER be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Subparagraph 5.3.4 -- Financinq Plan
DEVELOPER will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements that qualify for credits as provided in
Subparagraph 5.3.6 below), unless otherwise required by this Agreement.
Other infrastructure necessary to provide sewer, potable water, and recycled
water services to the Project will be made available by the Dublin San Ramon Services
District. The present owner of the Property, the Alameda County Surplus Property
Authority, has entered into an "Area Wide Facilities Agreement" with the Dublin San
Ramon Services District to pay for the cost of extending such services to the Project.
Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above.
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Subparagraph 5.3.5 -- Fees,~Dedications
Subsection a. Traffic Impact Fees.
Developer shall pay the Eastern Dublin~Traffic Impact Fee ("TIF") established
by Resolution No. 225-99, including any future amendments to such fee. Developer will
pay such fees no later than the time of issuance of building permits and in the amount
of the impact fee in effect at time of building permit issuance.
Developer further agrees that it v~ill pay a minimum of three percent (3%) of
the "Section 1/Category 1" portion of the TIF in cash.
Developer also agrees that it will pay 12.4% of the "Section 2/Category 2"
portion of the TIF in cash. If City amends its TIF fee and as a result the City's
outstanding balance due on loans is less than 12.4% of total Section 2/Category 2
improvements, the Developer shall pay such reduced percentage of the "Section
2/Category 2" portion of the TIF in cash.
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchanqes.
DEVELOPER shall pay a Eastern Dublin 1-580 Interchange Fee in the
amounts and at the times set forth in City of Dublin Resolution No. 155-98, or in the
amounts and at the times set forth in any resolution revising the amount of the Eastern
Dublin 1-580 Interchange Fee.
Subsection c. Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 214-02, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the then-current amount of the fee.
Subsection d. Noise Mitiqation Fee.
DEVELOPER shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the amount of the fee in effect at time of building permit issuance.
Subsection e. School Impact Fees.
School impact fees shall be paid by DEVELOPER in accordance with
Government Code section 53080 and the existing agreement between DEVELOPER's
pred-~-c-~-~-sor in in-t~-e~'(-a~dtl~-~-D'(Jb-iin 'Uhifie-d--S~;i~-0ol -Di~'i~i~t.
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Subsection f. Fire Impact Fees.
DEVELOPER shall pay a fire facilities fee established by.City of Dublin
Resolution No. 12-03 including any future amendments to such fee. DEVELOPER will
pay such fees no later than the time of issuance of building permits and in the amount
of the fee in effect at time of building permit issuance.
SUbsection .q. Tri-Valley Transportation Development Fee.
DEVELOPER shall pay the Tri-Valley Transportation Development Fee in
the amount and at the times set forth in City of Dublin Resolution No. 89-98 'or any
subsequent resolution which revises such fee. DEVELOPER will pay such fees no later
than the time of issuance of building permits and in the amount of the impact fee in
effect at time of building permit issuance.
Subpara.qraph 5.3.6 -- Credit
Subsection a. Traffic Impact Fee Improvements Credit
CITY shall provide a credit to DEVELOPER for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such
improvements are constructed by the DEVELOPER in their ultimate location pursuant
this Agreement. All aspects of credits shall be governed by CITY's Administrative
Guidelines regarding credits (Resolution No: 23-99).
Subsection b. Traffic Impact Fee Riqht-of-Way Dedications Credit
CITY shall provide a credit to DEVELOPER for any TIF area right-of-way
dedicated by DEVELOPER to CITY which is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All
aspects of credits shall be governed by CITY's Administrative Guidelines regarding
credits (Resolution No. 23-99).
Subpara.qraph 5.3.7 -- Miscellaneous
Subsection a. Landscapin.q Maintenance Alonq Streets and Creek
CITY has formed a landscape maintenance district known as the "Landscape
Maintenance Assessment District No. 97-1 (Santa Rita Area)" pursuant to a petition
from the Alameda County Surplus Property Authority ("COUNTY"), DEVELOPER's
predecessor in interest, and imposed an assessment against the Property to pay for
street and creek andscape maintenance, in addition, on September 24, 1996,
COUNTY recorded a Declaration of Covenants, Conditions and Restrictions ("CC&Rs")
.......... Wh'i'Ch COvers-t'he 'Pr(~perty';' wh'erebyCOUNTY, on behalf'Of itself and its success(~i~s
Development Agreement Between City of Dublin Page 5
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(including DEVELOPER), has.covenanted to pay a "Deed Assessment" to CITY for
maintenance of street and creek landscaping. DEVELOPER acknowledges the
existence of the landscape maintenance district and CC&Rs and hereby covenants to
pay a Deed Assessment, pursuant to the terms of the assessment district and CC&Rs.
· Subsection b. Term of Project Approvals
Pursuant to paragraph 10 of this Agreement, the term of the IKEA SDR
(defined in Recital G) and the Master Sign Program shall automatically be extended for
the term of this Agreement.
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. ' WARE
MALCOMI
DUBLIN, CALIFORNIA 94568 . %~' ,' .......... CC