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HomeMy WebLinkAboutItem 4.5 Brannigan St PD Rezone . ofnp� g lit• 19e- �82 STAFF REPORT CITY CLERK • ‘ 0 �� CITY COUNCIL File #450-30 �aciroV (DDO-4D DATE: May 1, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager c4 r Eua SUBJECT: Brannigan Street: Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan and a Development Agreement Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The City Council will hold a second reading of ordinances approving a Planned Development rezone with related Stage 1 Development Plan Amendment and a new Stage 2 Development Plan to change the zoning from PD Public/Semi-Public to PD Medium Density Residential as well as approving a Development Agreement between the City of Dublin and Lennar Homes of California, Inc. FINANCIAL IMPACT: • None. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt an Ordinance adopting a Planned Development rezone with a related Stage 1 Development Plan Amendment and a new Stage 2 Development Plan for a 3-acre site on Brannigan Street north of Gleason Drive; and waive the reading and adopt an Ordinance approving a Development Agreement for a 3-acre site on Brannigan Street North of Gleason Drive between the City of Dublin and Lennar Homes of California, Inc. Submitted By Reviewed By Director of Community Development Assistant City Manager DESCRIPTION: The City Council, at their meeting of April 17, 2012, approved the General Plan and Eastern Dublin Specific Plan Amendments to change the Land Use from Public/Semi-Public to Medium Density Residential on a 3.0 acre parcel along Brannigan Street just north of Gleason Drive • (Attachments 1 & 2). Page 1 of 2 ITEM NO. 4.5 The City Council also waived the reading and introduced an Ordinance to adopt a Planned Development rezone with related Stage 1 Development Plan Amendment and a new Stage 2 Development Plan consistent with the General Plan and Eastern Dublin Specific Plan land use Amendments. The rezone will amend the existing PD Zoning to allow Medium Density Residential uses on the subject site. The City Council also introduced an Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, Inc. Included within the Development Agreement is a commitment by the developer to pay a Community Benefit Payment of $50,000, and provide street improvements between the southeasterly boundary of the Project site and the Gleason Drive right-of-way. The proposed Stage 1 Development Plan Amendment and new Stage 2 Development Plan are consistent with the requirements of the Zoning Ordinance (Chapter 8.32-Planned Development Zoning). With the proposed PD Amendments, residential development standards would be adopted for the Project Site so that the subdivision would be consistent with the existing Medium Density Residential development surrounding the project, including: lot size, frontage, setbacks, coverage, distance between buildings, common outdoor areas, usable outdoor areas, height limits, parking, driveways, and grading standards. An Ordinance approving the Planned Development rezone with related Stage 1 Development Plan Amendment and a new Stage 2 Development Plan for the Brannigan Street project is included as Attachment 3. An Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, Inc. for the Brannigan Street project is included as Attachment 4 with the Development Agreement attached as Exhibit A to Attachment 4. ATTACHMENTS: 1. City Council Staff Report, Item 6.1 dated April 17, 2012 (without attachments) 2. City Council Staff Report, Item 6.3 dated April 17, 2012 (without attachments) 3. Ordinance adopting a Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 3-acre site on Brannigan Street north of Gleason Drive. 4. Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, Inc. for the Brannigan Street project with the Draft Development Agreement included as Exhibit A. Page 2 of 2 ~~~.~ or ~Ua~~ m ~ ~~LI F~OI'~~ , DATE: sTAFF REPORT CITY COUNCIL CITY CLERK File #420-30 April 17, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager . ~~ ~_-~'.~~~, SUBJECT: Brannigan Street: General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan, Development Agreement, and CEQA Addendum to prior CEQA documents fora 3-acre parcel located along the west side of Brannigan Street north of Gleason Drive within Area F of Dublin Ranch (PLPA-2011-00039} Prepared by Mike Parto, Consulting Planner EXECUTIVE SUMMARY: The subject of this application is a 3-acre parcel located along the west side of Brannigan Street north of Gleason Drive. This site currently is designated PubliclSemi-Public in the Generai Plan and the Eastern Dublin Specific Plan with consistent zoning of Planned Development (PD) PubliclSemi-Public. The Applicant has requested land use amendments to the General Plan and the Eastern Dublin Specific Plan, a Planned Development rezoning with related Stage 1 Development Pian Amendment and new Stage 2 Development Plan to change the land use designation and zoning from PubliclSemi-Public to Medium Density Residential. The Applicant has also requested a Development Agreement. FINANCIAL: If this project is approved, the City of Dublin will receive a Community Benefit Payment of $50,000 as weEl as street improvements between the southeasterly boundary of the Project site and the Gleason Drive right-of--way. 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) Take the following actions: a} Adopt a Resolution adopting a CEQA Addendum for the project proposed fora 3-acre site on Brannigan Street north of Gleason Drive within Dublin Ranch and adopting a related Statement of Overriding Considerations; b) Waive the reading and introduce an Ordinance adapting a Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 3-acre site on Brannigan Street north of Gleason Drive; and c) Waive the reading and introduce an Ordinance approving a Development Agreement between the City of Dublin and t_ennar Homes of California, Inc. Page 1 of 9 ITEM NO. 6.'I ~~ ~__: ~ ~ _s.~___..._--_ Submitted By Director of Community Development DESGRIPTION: Background: ~'sL Y Reviewed By Assistant City Manager The Project Site is a three-acre parcel (APN 098-0052-021) located along the west side of Brannigan Street north of Gleason Drive within Planning Area F of Dubiin Ranch. The following table describes the surrounding land uses: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Public/Semi-Public Springfield Montessori School South PD PubiiclSemi-Public Vacant East PD Medium Density Residential Medium Density Single-Family across Brannigan Street Residential "Sonata" West PD Medium Density Residential Medium Density Single-Family " " Residential Courtyards Page 2 of 9 The original annexation prezoning was approved by Ordinance 11-94. The current boundaries and configuration of Area F include portions that originally were part of Dublin Ranch Areas B and E. Land use designations and zoning for portions of this area subsequently were changed by Resolution 141-97. In February 2000, the City Council adopted Ordinance 06-00 which established Stage 1 and Stage 2 Planned Development zoning for Area F. On March 21, 2000, the City Council adopted Resolution 35-00 approving a General Plan Amendment and Eastern Dublin Specific Plan Amendment, which designated land uses within a reconfiguration of planning areas for Dublin Ranch, including Planning Area F (approximately 285 acres}. At that time, the project site was part of a 50-acre site designated for High School {HS) use in both the Genera[ Plan and the Eastern Dublin Specific Plan. The Stage 1 Planned Development zoning in Ordinance 06-00 {PA 01-037} was adopted as PD-HS, consistent with the approved land use. Following adoption of these land uses, the Dublin Unified School District decided not to pursue the high school site on this property. In 2004, the General Plan and Eastern Dublin Specific Plan were amended through the Area F North project to change the use of the 6.3 acres remaining from the high school site (including the Project Site} to PubliclSemi-Public use. Stage 1 Planned Development zoning was adopted by Ordinance 12-04 consistent with the adopted land use designation. The project site comprises 3 acres of the 6.3-acre area. The Project Site is vacant with no vegetation having been part of an area mass graded for Dublin Ranch. It is described as Parcel 1 of Parcel Map 9451. The Springfield Montessori School was built generally in the northern portion of the 6.3 acre site. The Project Site was purchased by the current property owner, East Bay Muslim Community Center, for use as a community center/worship facility. Since that time the property has remained vacant. Indications have been that the property is too small to accomplish the intended use given the required development standards. Lennar Homes of California halls an option to purchase the property from the current owner and is serving as the owner`s representative in obtaining entitlements. On June 21, 2011, the City Council adopted Resolution 112-11 initiating a General Plan and Eastern Dublin Specific Plan Amendment Study based on the current proposal. Current Proposal: The Applicant is requesting approval of General Plan and Eastern Dublin Specific Plan Amendments to re-designate the site from Public/Semi-Public to Medium Density Residential (6.0-14.1 du/ac}. The request includes a corresponding Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan. The proposed PD zoning would allow for the development of 19 single-family detached homes. The application also includes a Development Agreement between the City of Dublin and Lennar Homes of California, Inc. ANALYSIS: General Plan & Eastern Dublin Specific Plan Amendment The project site has a current General Plan and Eastern Dublin Specific Plan land use designation of Publicl5emi-Public. The General Plan defines PubliclSemi-Public Facilities to include uses such as public schools, libraries, city offices, post offices, fire stations, and community serving uses, child care centers, youth centers, senior centers, special needs Page 3 of 9 program facilities, religious institutions, clubhouses, community centers, community theatres, hospitals, private schools, and other facilities that provide cultural, educational, or other similar services. PubliclSemi-Public uses may be built at a maximum Floar Area Ratio (FAR) of .50%. The proposed General Plan and Eastern Dublin Specific Plan Amendments would modify the existing land use designation of the 3-acre site fram Public/Semi-Public to Medium Density Residential (6.0 to 14.1 dwelling units per acre). The Applicant is proposing to develop 19 homes, consistent with existing Medium Density Residential development to the eas# and west- Existing Land Use PubliclSemi- Public =_- - 1_ PubliclSemi- Public F ~ I ___. MEdIUm "' Density Res ~]l ~] t 3 _~ M~ium Density Res _-~a _~ _ N Proposed Land Use ,^ ---- PublidSemi- Medium Pubilc Density Res "- i The project proposal includes reiated amendments to the various figures, texts, and tables in the General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the documents, Cities are limited by the State to amend a single Element of the General Plan no mare than 4 times per calendar year. Currently, the City of Dublin has applications for several General Plan Amendments which, if approved individually in 2012, would exceed the State requiremen#. For that reason, the General Plan Amendment requested for two projects on the City Council Agenda tonight have been grouped together (Silvera and Brannigan). These GPA requests will come before the City Council for action as a separate Agenda item. This will allow the City to adopt one Genera[ Plan Amendment. Please refer to this agenda item far the Resolution to adopt the proposed GPA/EDSPA. Planned Development Rezoning with related Stage 1 Development Plan Amendment {Ordinance 12-04) and new Stage 2 Development Plan The Applicant also requests approval of a Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan consistent with the requested General Plan and Eastern Dubiin Specific Plan land use amendments. The rezone will amend the existing PD Zoning to allow Medium Density Residential uses on the subject site, Page 4 of 9 With the proposed PD Amendments, residential development standards would be adopted far the Project Site so that the subdivision would be consistent with the existing Medium Density Residential development in Dublin Ranch Area F, including: lot size, frontage, setbacks, coverage, distance between buildings, common outdoor areas, usable outdoor areas, height limits, parking, driveways, and grading standards. The Development Regulations for the Brannigan Street project are proposed as follows: Development Reaulations -- Branniaan Street Standards Medium Density Single 1=amity Detached (Area F'I) Lot Size: Minimum 3,'i50 s# Lot Size 3,150 sf Minimum Street Frontage 35 feet Maximum Lot Coverage 50% Maximum Building Height 38 feet Maximum Stories 3 Minimum Front Yard Setbacks to iiving area 12 feet to porch 10 feet front of garage 18 feet Minimum Side Yard Setback 2 Story t0 2 Story ~ feet mlCTimUm corner lat (setback from side street) 9 feet Minimum Rear Yard Setback Living Space 12 feet average, 5 feet minimum usabie Rear Yards 300 sf contiguous flat area minimum 5 fleet minimum dimension Parking Spaces Required 2 covered, 1 guest The proposed Stage 1 Development Plan Amendment and new Stage 2 Development Plan are consistent with the requirements of the Zoning Ordinance (Chapter 8.32-Planned Development Zoning). An Ordinance approving the Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan for the Brannigan Street project is included as Attachment 1. Development Agreement Projects within the Eastern Dublin Specific Plan {EDSP) require a Development Agreement between the City of Dublin and the Developer. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to obtain certain commitments and establish certain development rights for the property. The Development Agreement must be approved prior to recordation of the Final Tract Map and issuance of building permits for the development of the property. Page 5 of 9 Development Agreements are approved by an Ordinance of the City Council upon recommendation by the Planning Commission. The proposed Development Agreement was drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on the standard Development Agreement prepared by the City Attorney and adopted by the City Council for projects located within the Eastern Dublin Specific Plan area. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project. The Development Agreement becomes effective for a term of five (5) years from the date of the signing of the agreement. The City also benefits from entering into the Development Agreement with the property owner in a number of ways, This document is a contract that establishes obligations far meeting the goals of the Eastern Dublin Specific Plan and guarantees timing for construction of public infrastructure and facilities for the project area. Additionally, it ensures that dedications of property and easements are made, project phasing is followed, appropriate fees are paid for the development, and any additional terms of the agreement are carried out as development proceeds. In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, makes commitments which the City might otherwise have no authority to compel the Developers to perform. Specifically, the Development Agreement augments the City's standard development regulations; defines the precise financial responsibilities of the developer; ensures timely provision of adequate public #acilities for each project; and provides terms for the Developer to advance funds for specific facilities which have community or area-wide benefit or for reimbursement from future development, as appropriate. Since the Development Agreement runs with the land, the rights thereunder can be assigned. Specifically, Paragraph 17 of the Development Agreement would delegate authority to the City Manager for approval of such requests for transfer or assignment. Other items specific to this Development Agreement include: a) a Community Benefit Payment of $50,000, and b) street improvements between the southeasterly boundary of the Project site and the Gleason Drive right-of-way. An Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, Inc. for the Brannigan Street project is included as Attachment 2 with the Development Agreement attached as Exhibit A to Attachment 2. Planning Commission Acfion: At their meeting of March 27, 2012, the Planning Commission recommended City Council approval of the CEQA Addendum, the Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan and the Development Agreement (Attachments 3, 4 & 5). The Planning Commission did not recommend that the City Council approve the General Plan and Eastern Dublin Specific Plan Amendments (Attachment 6). The Planning Commission approved a Site Development Review and Vesting Tentative Tract Map 8093 (see Attachmen# 7) for a residential subdivision of 19 single-family detached units on approximately 3 acres consistent with the development standards in nearby Medium Density Residential projects. These approvals are contingent on the City Council adopting the proposed GPAIEDSPA and Planned Development Zoning Amendments. Please refer to Attachment 8 for the Planning Commission minutes. Page~of9 CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE The application includes a request for Planned Development rezone with a Stage 1 Development Plan Amendment and new Stage 2 Development Plan that are consistent with the proposed land use amendments under the General Plan and Eastern Dublin Specific Plan. The Stage 2 Planned Development zoning and its Development Reguiations would be applicabie to the Vesting Tentative Tract Map and Site Development Review approved by the Planning Commission at their meeting on March 27, 2012 by Resolution 12-12 (Attachment 7}. The proposed project has been reviewed for conformance wi#h the Community Design and Sustainability Element of the General Plan. The project itself is a portion of the larger Dublin Ranch Area F project that has implemented pathways, gathering spaces, and open spaces. The Project will adhere to the City of Dublin Green Building Ordinance but due to the small number of units, the project is not required to satisfy the 50 point threshold in the City's program. However, the Applicant has provided the Build it Green Checklist indicating the project will obtain 134 points. The proposed project will further the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life and preserving resources and opportunities far future generations. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies are included in Planning Commission Resolution 12-12 approving the Site Development Review and the Vesting Tentative Map (Attachment 7}. NOTICING REQUIREMENTSIPUBLIC OUTREACH: fn accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the PubkiclSemi Public Land use (Springfield Montessori site and the project site}. A Public Notice was also published in the Valley Times and posted at several locations throughout the City, A copy of this Staff Report has been provided to the Applicant. ENVIRONMENTAL REVIEW. The General Plan and the Eastern Dublin Specific Plan were adopted by the City to encourage orderly growth of the Eastern Dublin area. The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report (EIR} for the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan (Eastern Dubiin EIR, SCH #91103064}. The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993, assessing a modified reduced development alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the modified reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. Page 7 of 9 Later CEQA reviews addressing the Project site include a 1997 Negative Declaration (ND) (Resolution 140-97) and a 2000 Mitigated Negative Declaration (MND) for the Dublin Ranch Area F project (Resolution 34-00). An EIR Addendum was adopted for the Area F North project on March 16, 2004 by Resolution 43-04. The Eastern Dublin EIR addressed the cumulative effects of developing in agricultural and open space areas and the basic policy considerations accompanying the change in character from undeveloped to developed lands. Far identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations for cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise, and other impacts. Because the Eastern Dublin project proposed urbanization of the almost completely undeveloped Eastern Dublin area, the Eastern Dublin E1R also analyzed conversion of agricultural and open space lands to urban uses. These impacts together with visual and other impacts from urbanization were also determined to be significant and unavoidable. Where the Eastern Dublin E1R identified impacts that could be mitigated, the previously adopted mitigation measures continue to apply to implementing projects, such as the Brannigan Street project. Similarly, mitigation measures from the 2000 MND would continue to apply to the Project, as appropriate. Consistent with CEQA Section 21166 and CEQA Guidelines Sections 15'162 and 15163, an initial Study was prepared by the City, as the Lead Agency, to determine whether there would be significant environmental impacts occurring as a result of the current project beyond or different from those already addressed in the previous CEQA documents. Consistent with CEQA Guidelines Section ~ 5164, a determination was made to prepare an Addendum to the environmental documents certified previously. The Initial Study and Addendum to previous CEQA documents concluded that the proposed project did na# identify any new or more severe significant impacts that were not analyzed previously, and that no further environmental review under CEQA is required. Pursuant to the 2002 Cifizens fora Beffer Environmenf case, approval of the Addendum will include a Statement of Overriding Considerations for significant unavoidable impacts identified in the prior Eastern Dublin EIR that are applicable to the project or project site. The Planning Commission recommended that the City Council adopt the CEQA Addendum. The City Council Resolution adapting the CEQA Addendum is included as Attachment 9 with the CEQA Addendum attached as Exhibit A to Attachment 9. The CEQA Addendum, prior CEQA documents, and all of the Resolutions, and Ordinances referenced above are incorporated herein by reference and are available for review at City Hail during normal business hours. ATTACHMENTS: 1. Ordinance adopting a Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 3-acre site on Brannigan Street north of Gleason Drive 2. Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, Inc, for the Brannigan Street project with the draft Development Agreement attached as Exhibit A 3. Planning Commission Resolution 12-09 recommending that the City Council adopt a CEQA Addendum for the project proposed for a Page 8 of 9 3-acre site on Brannigan Street north of Gleason Drive within Dublin Ranch 4. Planning Commission Resolution 12-11 recommending that the City Council adopt an Ordinance approving a Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 3-acre site on Brannigan Stree# narth of Gleason Drive 5. Planning Commission Resolution ~ 2-13 recommending the City Council approve a Development Agreement between the City of Dublin and Lennar Homes of California, lnc. for the Brannigan Street project 6. Planning Commission Resolution 12-10 recommending that the City Council not adopt a resolution amending the Genera! Plan and Eastern Dublin Specific Plan to change the land use designation from public/Semi-Public to Medium Density Residential far a 3-acre site on Brannigan Street north of Gleason Drive 7. Planning Commission Resolution 12-12 approving a Site Development Review for ~ single-family detached units and Vesting Tentative Parcel Map 1 pg53 fora 4-lot subdivision 8. Draft Planning Commission minutes from March 27, 2812 meeting 9. Resolution #o adopting a CEQA Addendum for the project proposed fora 3-acre site on Brannigan Street north of Gleason Drive within Dublin Ranch and adap#ing a related Statement of Overriding Considerations Page 9 of 9 ~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: STAFF REPORT CITY COUNCIL CITY CLERK File #420-30 April 17, 2012 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' SUBJECT: Brannigan Street Project and Silvera Ranch Phase 4 -General Plan and Eastern Dublin Specific Plan Amendments (PLPA 2011-00039 and PLPA-2010-00055) Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The Brannigan Street Project is a 3-acre parcel located along the west side of Brannigan Street north of Gleason Drive within Area F of Dublin Ranch. This site currently is designated Public/Semi-Public in the General Plan and the Eastern Dublin Specific Plan. The Applicant has requested land use amendments to change the General Plan and the Eastern Dublin Specific Plan land use designation to Medium Density Residential. Silvera Ranch Phase 4 is a 0.95-acre parcel currently designated Rural Residential/Agriculture in the General Plan and the Eastern Dublin Specific Plan. The Applicant has requested land use amendments to change both the General Plan and the Eastern Dublin Specific Plan land use designation to Single-Family Residential. Cities are limited by the State to amend a single Element of the General Plan no more than 4 times per calendar year. Currently, the City of Dublin has applications for several General Plan Amendments which, if approved individually in 2012, would exceed the State requirement. For that reason, the General Plan Amendment requested for two projects on the City Council Agenda tonight have been grouped together (Silvera and Brannigan). These GPA requests will come before the City Council for action as a separate Agenda item. This will allow the City to adopt one General Plan Amendment. FINANCIAL IMPACT: None. 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 a Resolution approving General Plan and Eastern Dublin Specific Plan amendments for the Brannigan Street Project (PLPA 2011-00039) and the Silvera Ranch Phase 4 Project (PLPA 2010-00055). Page 1 of 6 ITEM NO. 6.3 . ~a~~..~ Submitted By Director of Community Development DESCRIPTION: Background: Brannigan Street Project ;~ ~~~. ., _ ~.~_ Reviewed By Assistant City Manager The Project Site is a three-acre parcel (APN 098-0052-021) located along the west side of Brannigan Street north of Gleason Drive within Planning Area F of Dublin Ranch. In 2004, the General Plan and Eastern Dublin Specific Plan were amended through the Area F North project to change the use of the 6.3 acres remaining from a previously designated high school site (including the Project Site) to Public/Semi-Public use. The Springfield Montessori School was built on the northern portion of the 6.3 acre site. The proposed project is on the remainder of the site. The Project Site was purchased by the current property owner, East Bay Muslim Community Center, for use as a community center/worship facility. Since that time the property has remained vacant. Indications have been that the property is too small to accomplish the intended use given the required development standards. Lennar Homes of California holds an option to purchase the property from the current owner and is serving as the owner's representative in obtaining entitlements. The Applicant is requesting approval of General Plan and Eastern Dublin Specific Plan Amendments to re-designate the site from Public/Semi-Public to Medium Density Residential (6.0-14.1 du/ac). Silvera Ranch Phase 4 On October 21, 2003, Ordinance 15-03 was adopted which approved Stage 1 Planned Development zoning for the project known as Pinn Brothers/Silvera Ranch located east of Tassajara Road at its intersection with Fallon Road. The adopted PD zoning and corresponding Development Plan was approved for a maximum of 254 units. Silvera Ranch was approved for units to be distributed among four different residential density categories within areas located both north and south of the Fallon Road right- of-way. The area north of the Fallon Road right-of-way (Silvera Ranch Phase 4) was approved for 44 single-family detached homes. Silvera Ranch Phase 4 was limited to 44 residential lots based on fire prevention and access needs in compliance with the then current standards. Subsequent actions implementing the development plan for Silvera Ranch include a Stage 2 Development Plan approved on October 21, 2003, by Ordinance 15-03. Architectural Standards also were approved for the building types and styles within the related land use designations. A Site Development Review for the area north of the Fallon Road right-of-way, known as Bella Monte, was approved on February 8, 2011 by Planning Commission Resolution 11-04. Page 2 of 6 Since adoption of the approved Development Plan for Silvera Ranch, the City's codes and requirements have changed pertaining to fire prevention and access. One specific change is the addition of suppression sprinklers in all residential dwellings, including single family detached units. These new requirements resulted in a lifting of the limitations on the maximum number of units per access point in effect when the project was initially approved. With removal of the previous restriction, the property owner now has requested a land use amendment to the General Plan and the Eastern Dublin Specific Plan fora 0.95-acre area designated as Rural Residential/Agriculture (one residential unit per 100 acres) to Single-Family Residential (0.9 to 6.0 dwelling units per acre). The land use amendment would allow the development of an additional 4 lots/units along Cydonia Court between lots 129 and 130 of the previously approved subdivision. ~ Vicinity Maps ~ GI..L~4>~:~1 ~fi rc~ CE-'~ ..........__.m ~. ~~ CJ~.1F31..N! ~Lvu' o,~ 4 ",,,. ~ ~ I 1 Lr f :; ~., ~ U -N. 0 PROJECT SITE 0 QQ ~a Silvera Phase 4 ANALYSIS: Cities are limited by the State to amend a single Element of the General Plan no more than 4 times per calendar year. Currently, the City of Dublin has applications for several General Plan Amendments which, if approved individually in 2012, would exceed the State requirement. For that reason, the General Plan Amendment requested for two projects on the City Council Agenda tonight have been grouped together (Silvera and Brannigan) consistent with past City practice. These GPA requests will come before the City Council for action as a separate Agenda item. This will allow the City to adopt one General Plan Amendment. The proposal includes General Plan and Eastern Dublin Specific Plan Amendments to change the land use designation of the Brannigan Street Project from Public/Semi-Public to Medium Density Residential and Silvera Ranch Phase 4 from Rural Residential/Agriculture to Single- Family Residential. The project proposal also includes related amendments to the various figures, texts, and tables in the General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the documents. Page 3 of 6 Brannigan Street Staff Reports describing the Brannigan Street Project and Silvera Ranch Phase 4 are included as separate agenda items on this City Council Agenda. Please refer to these Staff Reports for a complete description and analysis of the proposed General Plan and Eastern Dublin Specific Plan Amendments. A Resolution amending the General Plan and Eastern Dublin Specific Plan is included as Attachment 1. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed project. A Public Notice also was published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report has been provided to the Applicants. ENVIRONMENTAL REVIEW: Brannigan Street Project The General Plan and the Eastern Dublin Specific Plan were adopted by the City to encourage orderly growth of the Eastern Dublin area. The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993, assessing a modified reduced development alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the modified reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. Later CEQA reviews addressing the Project site include a 1997 Negative Declaration (ND) (Resolution 140-97) and a 2000 Mitigated Negative Declaration (MND) for the Dublin Ranch Area F project (Resolution 34-00). An EIR Addendum was adopted for the Area F North project on March 16, 2004 by Resolution 43-04. The Eastern Dublin EIR addressed the cumulative effects of developing in agricultural and open space areas and the basic policy considerations accompanying the change in character from undeveloped to developed lands. For identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations for cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise, and other impacts. Because the Eastern Dublin project proposed urbanization of the almost completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion of agricultural and open space lands to urban uses. These impacts together with visual and other impacts from urbanization were also determined to be significant and unavoidable. Where the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted mitigation measures continue to apply to implementing projects, such as the Brannigan Street project. Similarly, mitigation measures from the 2000 MND would continue to apply to the Project, as appropriate. Page 4 of 6 Consistent with CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15163, an Initial Study was prepared by the City, as the Lead Agency, to determine whether there would be significant environmental impacts occurring as a result of the current project beyond or different from those already addressed in the previous CEQA documents. Consistent with CEQA Guidelines Section 15164, a determination was made to prepare an Addendum to the environmental documents certified previously. The Initial Study and Addendum to previous CEQA documents concluded that the proposed project did not identify any new or more severe significant impacts that were not analyzed previously, and that no further environmental review under CEQA is required. Pursuant to the 2002 Citizens fora Better Environment case, approval of the Addendum will include a Statement of Overriding Considerations for significant unavoidable impacts identified in the prior Eastern Dublin EIR that are applicable to the project or project site. The Planning Commission recommended that the City Council adopt the CEQA Addendum. The City Council Resolution adopting the CEQA Addendum was considered under a separate Agenda item just prior to this consideration. The CEQA Addendum, prior CEQA documents, and all of the Resolutions, and Ordinances referenced above are incorporated herein by reference and are available for review at City Hall during normal business hours. Silvera Ranch Phase 4 The project is in Eastern Dublin. The Eastern Dublin General Plan Amendment and Specific Plan were adopted by the City to encourage orderly growth of the Eastern Dublin area. The Eastern Dublin EIR was a Program EIR that evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan (Eastern Dublin EIR, or EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993, assessing a reduced development alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR addressed the cumulative effects of developing in agricultural and open space areas and the basic policy considerations accompanying the change in character from undeveloped to developed lands. For identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations for cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise, and other impacts. Because the Eastern Dublin project proposed urbanization of the almost completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion of agricultural and open space lands to urban uses. These impacts together with visual and other impacts from urbanization were also determined to be significant and unavoidable. Where the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted mitigation measures continue to apply to implementing projects such as Silvera Ranch. Page 5 of 6 The original General Plan and Specific Plan designated Silvera Ranch for residential development within a larger open space area; these designations were the basis for the Eastern Dublin EIR analysis. The proposed project was within the residential development area and was assumed for Single-Family Residential uses, the same as currently proposed. On October 21, 2003, the City Council adopted an Addendum to the certified EIR through Resolution 207-03. The Addendum examined proposed project-level development of 254 residential units at Silvera Ranch and determined that the development raised no new CEQA issues and required no further environmental review. The current project proposes 4 additional lots in a portion of the original residential development area and would fill in a gap between existing residential lots along the southerly side of Cydonia Court. The site has already been rough graded in connection with prior approvals. Any further site disturbance continues to be subject to the previously adopted Eastern Dublin EIR mitigation measures and all applicable standard development requirements from the City. The additional 4 lots are within the original residential area assumed in the EIR and would be a minor increase in units examined in the site-specific Addendum. Staff examined the project pursuant to the subsequent/supplemental review provisions of CEQA §21166 and CEQA Guidelines §§15162, 15163 and determined that as residential units within the EIR's assumed residential development area, with the same land use designations as previously assumed and analyzed, subject to all previously adopted mitigation measures, and based on the project's small size, there are no new significant effects and no new mitigation measures required for the current project. The proposed project does not constitute a substantial change to the previous Silvera Ranch approvals that require major revisions to the EIR due to new significant environmental effects or a substantial increase in severity of previously identified significant effects. Staff recommends the City determine that the project is within the scope of the project analyzed in the Eastern Dublin Program EIR; that the EIR, its addenda and the previously adopted mitigation measures adequately analyze and mitigate the potential impacts of the 4 additional lots; that the project will not result in any new significant impacts or the need for new mitigation measures; and that no additional environmental review is required. The Eastern Dublin EIR and CEQA Addenda, all Resolutions and Ordinances referenced above are incorporated herein by reference and are available for review at City Hall during normal business hours. ATTACHMENTS: 1. Resolution approving General Plan and Eastern Dublin Specific Plan amendments for the Brannigan Street Project (PLPA 2011-00039) and the Silvera Ranch Phase 4 Project (PLPA 2010-00055) Page 6 of 6 ORDINANCE NO. XX - 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** ADOPTING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT AND A NEW STAGE 2 DEVELOPMENT PLAN FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE (APN 985-0052-021) PLPA-2011-00039 The City Council of the City of Dublin does ordain as follows: SECTION 1: RECITALS A. On March 21, 2000, the City Council adopted Ordinance 06-00 for Dublin Ranch Areas F, G and H, which Ordinance approved a Planned Development rezoning and related Stage 1 Development Plan for the three areas. The current Brannigan Street Project site is within Area F and is part of a larger 50-acre site that was previously designated for a future high school. Other parts of Area F were designated in the General Plan, Eastern Dublin Specific Plan and Ordinance 06-00 for Medium Density Residential development. The Ordinance 06-00 Stage 1 Development Plan adopted detailed development standards for such development. B. On April 6, 2004, the City Council adopted Ordinance 12-04 for the Dublin Ranch Area F North project, approving a PD-Planned Development rezoning with related Stage 1 Development Plan for reconfiguration of Dublin Ranch Areas F, B and E. The current Brannigan Street Project site remained in Area F and was redesignated for future Public/Semi-Public uses. C. The current Brannigan Street project includes General Plan and Eastern Dublin Specific Plan amendments to change the land use designations from Public/Semi-Public to Medium Density Residential, a Planned Development rezoning and related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 19-lot residential development, and related Site Development Review, Vesting Tentative Tract Map and Development Agreement. D. The current Brannigan Street project amends the Stage 1 Development Plan in Ordinance 06-00 to designate the Project site for Medium Density Residential development. The current project also adopts a new Stage 2 Development Plan. SECTION 2: FINDINGS A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 Development Plan Amendments and new Stage 2 Development Plan fora 3-acre site along the west side of Brannigan Street north of Gleason Drive (the "Property") will be harmonious and compatible with existing and potential development in surrounding areas because: the proposed zoning amendment for the property from Public/Semi-Public to Medium Density Residential uses would allow development of the Property 1 ATTACHMENT3 similar to Medium Density Residential developments on properties to the east and west. 2. The Property is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: 1) it is located adjacent to Medium Density Residential development and areas zoned for that use; 2) The Project will be developed under standards consistent with the standards adopted for the adjacent neighborhoods; 3) the Stage 1 and Stage 2 Development Plans will allow the construction of 19 units which will remain within the permitted General Plan density range of 6.0 to 14.0 units per acre; and 4) the Project will implement all applicable mitigation measures from prior CEQA reviews and all applicable City grading, construction and development ordinances. 3. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) development resulting from the proposed zoning amendments to the Property would be subject to development standards previously approved for Medium Density Residential development adopted with Ordinance 06-00 and 12-04, (PA 01-037); 2) development resulting from the proposed zoning amendments to the Property would be subject to Ordinance requirements and Conditions of Approval designed to preserve public health, safety, and welfare; and 3) adequate hillside slope preservation and bio-retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments. 4. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) The Property has been designated for Medium Density Residential development under the companion General Plan and Eastern Dublin Specific Plan amendments approved by Resolution XX on XX, 2012; and 2) the requested zoning is consistent with this land use. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property meet the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the intent of the General Plan and Eastern Dublin Specific Plan designations for Medium Density Residential development approved by Resolution XX on XX, 2012; and 2) the proposed project complies with purposes stated in Section 8.32.010 of the Dublin Zoning Ordinance by coordinating future development of the Project site with similar existing residential development in neighboring areas. 2 ATTACHMENT3 2. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) the proposed zoning amendments to the Property from Public/Semi-Public to Medium Density Residential would allow development of the Property similar to existing Medium Density Residential development to the east and west of the site; and 2) adequate hillside slope preservation and bio- retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments. C. The City Council approved a CEQA Addendum for the Project, including the proposed PD rezoning, by Resolution XX on XX, 2012, 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 City of Dublin Zoning Map is amended to rezone the Brannigan Street property, as described and shown below, to the PD-Planned Development zoning district The 3-acre Property generally located along the west side of Brannigan Street north of Gleason Drive (APN 985-0052-021). A map of the rezoning area is shown below: ~ - .... r.......__......_..~.~..~...~re•~~~~.~__~__...~....~..~ _._.__ _ r P-~ r,~ .~ ~ ., ~ d 1 ~~ ~~ ~ --- ~ ~~ ~ ~~ ~~'.~; i"[~7 TIC ~-S ~~, _. M q _____ ____ .~~~~ e ~C~ 0.1 ~~; ~:~. 'I ~.., ~w rlr~ ~ W ~~I.'ry"~ ~'~~~~~ ~'"h'.~~ ~S)qa'~~ ~ ".~. ~J " ~..1~t;~'a j I 1 ~ :o "M ~ ~ w ~ % ~ . I ~ i ~~ .~ ..., "' ._ .~ uuuuuu urwu~uuu -.~v.~ ~-~_w -f-___--_ ~~u~ ., , ..______~_ ..... L _ ~____--_. . 3 ATTACHMENT3 SECTION 4. APPROVAL OF STAGE 1 DEVELOPMENT PLAN AMENDMENT AND OF NEW STAGE 2 DEVELOPMENT PLAN. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 Development Plan Amendment and new Stage 2 Development Plan for the project area, which are hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plans shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. A separately bound document titled "Brannigan" (hereafter, "Application booklet") submitted as part of the Project applications and dated March 13, 2012, is incorporated herein by reference and on file in the Dublin Community Development Department. Stage 1 Development Plan Amendment 1. Ordinance 06-00. The Stage 1 Development Plan in Ordinance 06-00 is hereby amended to designate the Project site as Medium Density Residential. Other provisions of the Stage 1 Development Plan are amended in accordance with the following. a. Statement of proposed uses. All uses permitted, conditional, accessory, and temporary for PD Medium Density Residential approved by Ordinance 06-00 are applicable to this property. b. Stage 1 site plan. As shown in Application booklet (Sheet AP8). c. Site area, proposed densities. Site area as shown in Application booklet (AP8). Maximum 19 residential units/lots permitted. d. Phasing plan. The project shall be developed in a single phase. e. Master Neighborhood Landscaping Plan. As shown in Application booklet (Sheet L-1 ). f. General plan and specific plan consistency. The PD zoning is consistent with the General Plan and Eastern Dublin Specific Plan, as amended by Resolution XX adopted XX, 2012. g. Inclusionary zoning regulations. The Project at 19 units is not subject to the Inclusionary Zoning Regulations. h. Aerial photo. As shown in Application booklet (Sheet AP3). Stage 2 Development Plan 1. Statement of compatibility with Stage 1 Development Plan: The Stage 2 Development Plan is compatible with the Stage 1 Development Plan Amendment, and all applicable provisions for development of a Medium Density Residential subdivision of 19 lots. 4 ATTACHMENT3 2. Permitted Uses: All uses permitted, conditional, accessory, and temporary for PD Medium Density Residential approved by Ordinance 06-00 are applicable to this property. 3. Stage 2 Site Plan: As shown in Application booklet (Sheet AP9). 4. Site area, proposed densities: Site area as shown in Application booklet. Maximum 19 residential units/lots permitted (AP7). 5. Development Standards: As shown below. Standards Medium Density Single Family Detached (Area F1) Lot Size: Minimum 3,150 sf Lot Size 3,150 sf Minimum Street Frontage 35 feet Maximum Lot Coverage 50% Maximum Building Height 38 feet Maximum Stories 3 Minimum Front Yard Setbacks to living area 12 feet to porch 10 feet front of garage 18 feet Minimum Side Yard Setback 2 story to 2 story 4 feet minimum corner lot (setback from side street) 9 feet Minimum Rear Yard Setback Living Space 12 feet average, 5 feet minimum Usable Rear Yards 300 sf contiguous flat area minimum 5 feet minimum dimension Parking Spaces Required 2 covered, 1 guest 6. Architectural standards: As shown in Application booklet (Sheets Al through A25). 7. Preliminary Landscaping Plan: Refer to Stage 2 Conceptual Landscaping Plan in Application booklet (Sheet L-1 ). 8. Inclusionary Zoning Ordinance: Development of the Project Site is not subject to the City's Inclusionary Housing requirements as it is less than 20 units. SECTION 5. Other Zoning Regulations. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the closest comparable zoning district as determined by the Community Development Director and of the Dublin Zoning Ordinance except as provided in the Stage 1 Amended/Stage 2 Development Plans. Except as specifically modified by the PD District Rezone, all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this PD District. 5 ATTACHMENT3 SECTION 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption contingent on approval of the companion General Plan and Eastern Dublin Specific Plan amendments. 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. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIKit's DOC commentslcc ordinance approving pd for brannigan_lennar. DOC 6 ATTACHMENT3 ORDINANCE NO. XX -12 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC. (PLPA-201'1-00039) The City Council of the City of Dublin does ordain as follows; Section 1. RECITALS A. The proposed project known as Brannigan Street, Lennar Homes is located within the boundaries of the Eastern Dublin Specific Plan, and is included in the approval for Planned Development under PLPA-2011-00039. B. A Development Agreement for Brannigan Street, Lennar Homes between the City of Dublin and Lennar Homes ("Developer"} has been presented to the City Council, Exhibit A, attached hereto. C. Consistent with CEQA Section 219 66 and CEQA Guidelines Sections 15162 and 15163, an initial Study was prepared by the City, as the Lead Agency, to determine whether there would be significant environmental impacts occurring as a result of the curren# project beyond or different from those already addressed in the previous CEQA documents. Consistent with CEQA Guidelines Section 15164, a determination was made to prepare an Addendum to the environmental documents certified previously. D. A pubf is hearing on the proposed Development Agreement was held before the Planning Commission on March 2~, 2012 for which public notice was given as provided by law. E. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement by Resolution 11 -- XX. F. A public hearing on the proposed Development Agreement was held before the City Council on XX, 2012 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the Addendum, the Staff Report, all comments received in writing, and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of ra} the foregoing Recitals which are incorporated herein, (b} the City of Dublin General Plan, (c} the Eastern Dublin Specific Plan, (d}the Addendum, (e} the Staff Report, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: ATTACHMENT 4 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City`s Generai Plan, as amended by the General Plan and Eastern Dublin Specific Plan Amendment in that: {a) the Generai Plan and Eastern Dublin Specific Plan land use designation for the site is Medium Density Residential, {b} the proposed project is consistent with the designated land use; {c) the project is consistent with the #iscal policies of the General Plan and Eastern Dubiin Specific 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 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, Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map. 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 Eastem Dublin Specific Plan and the General Pian which have punned for Medium Density Residential, and infrastructure 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 Eastern Dubiin Specific 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 Generai Plan and with the Eastern Dublin Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement {Exhibit A to the Ordinance) and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten {10) days after the Development Agreement is fully executed by ail 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 {3p) days from and after the date of its passage. The City Clerk of the Gity 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 Cade of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this XX day of XX, 2012 by the following votes: 2of3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: G'tty Clerlf Mayor G:4PA#120711PLPA-201-00039 Lennar Homes Brannigan GPA EDSPAICC Mtg 5.1.12 2nd ReadingWttch 4 CC Ord adopting DA for Brannigan. docx 3of3 C OO phi RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mai[ To: City Clerk City of Dublin 100 Civic Pfaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorders use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC. FOR THE LENNAR BRANNIGAN PROJECT EXHIBIT.A TH[S DEVELOPMENT AGREEMENT (this "Agreement" or this "Development Agreement") is made and entered in the City of Dublin on this day of , 2012, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "City"} and Lennar Homes of California, Inc., a California 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 far 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 intends to purchase, desires to develop, and holds an equitable interest in, in that it has the right to purchase, certain real property consisting of approximately _ gross acres of land, [orated in the City of Dublin, County of Alameda, State of California, which is mare particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called 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 as a condition of the development of the Property. ^. The Property is within Area F of Dublin Ranch, which is subject to a Master Development Agreement between the City of Dublin and the Lins dated dune 29, 1999 and recorded in Official Records Alameda County on July 8, 1999 as Instrument No. 59251790, and a Supplemental Development Agreement between the City of Dublin and the Lins dated April 18, 2000 and recorded in Official Records of Alameda County on November 13, 2000 as Instrument No. 200335772. E. Developer proposes the development of the Property as a residential project consisting of 19 detached single-family units {"the Project"). F. DEVELOPER has applied far, 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 Amendmen# (City Council Resolution No. ~, an amendment to the Eastern Dublin Specific Plan {City Council Resolution No. ^); a PD District rezoning (Ordinance No. ~~; a Stage 1 Development Plan for Area F (Ord. No. 12-04 as amended by Ord. No. Dub[inlLennar Horner of California, inc. De~eioPment Agreement Page 2 of ~6 for the Lennar Brannigan Project ~; a Stage 2 Development Plan {Ord. No. ~}; a vesting tentative map that would create the parcels on which the Project would be constructed (Planning Commission Resolution No. ; and Site Development Review (Planning Commission Resolution No. 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." G. City desires the timely, efficien#, orderly and proper development of the Project. H. 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. I. 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. J. Pursuant to CEQA the City Council adopted Resolution No, _ 12 approving an Addendum for the Lennar{Brannigan project. K. 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: AGREEMENT 1. Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. [merest of Developer. The Developer has a legal or equitable interest in the Property in that it has the right to purchase the Property under the Purchase and Sale Agreement. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City, The City and Developer hereby renounce the existence Dublin/Lennar Homes of California, Inc. Development Agreement Page 3 of 16 far the Lennar Brannigan Project 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 five (5) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the Property 5.1 Right to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued}, and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement, Such amendments, such as to Site Developmen# Review or Tentative Map project approvals, once effective shall become part of the law Developer is vested into without an additional amendment of this Agreement. Notwiths#anding the foregoing or anything to the contrary herein, any amendment to the General Plan, Specific Plan and PD zoning applicable to the Property and in effect on the Effective Date shall not became part of the law Developer is vested into under this Agreement unless an additional amendment of this Agreement is voluntarily entered into between Developer and City in accordance with State and City laws. 5.2 Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by the City} and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreemen#, the Project Approvals and any amendments to this Agreement or the Project Approvals (subject to the provisions of Section 5.1}. 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 Subse uent Discretiona A royals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. {These conditions do not affect Developer's responsibility to obtain all other [and use approvals required by the ordinances of the City of Dublin or other approvals from regulatory agencies.} Dub[in1E_ennar Homes of California, Enc. Development Agreement Page 4 of 76 for the t_ennar Brannigan Project None 5.3.2 Mitigation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. See Exhibi# B 5.3.3 Phasing, Timing, 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 Exhibi# B 5.3.4 Financing Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding, See Exhibit B 5.3.5 Fees, Dedications. Terms relating to payment of fees or dedication of property. None 5.3.6 Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. None 5.3,7 Miscellaneous. Miscellaneous terms. See Exhibit B 6. Applicable Rules, Regulations and Official Policies, 6.'1 Rules Regarding Permitted Uses. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and in#ensity of use of the Property and the maximum height, bulls and size of proposed buildings shall be those in force and effect on the Approval Date of the Agreement. 6,2 Rules Re ag rding 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. bubiinlLennar Homes of California, Inc. ©eveiopment Agreement Page 5 of 16 for the Lennar Brannigan Projec# 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. 6.3 Uniform Codes Applicable. The Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time the Developer submits its application far the appropriate building, grading, encroachment, or other construction permits for the Project. 7. Subsequently Enacted Rules and Regu[atians., 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 #o the Property which were not in force and effect on the Effective Date of this Agreement and the Project Approvals 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 an, or materially delay development of the Property as contemplated by this Agreement and the Project Approvals and (b} if such ordinances, resolutions, rules; regulations or official policies have general applicability. Consistent with Government Code Section 66498.2 {applicable to vesting tentative maps}, in the event City subsequently changes its ordinances, policies or standards during the term of this Agreement, such changed ordinances, policies, or standards shall automatically apply to secure the vested right for Developer to proceed with the Project under such changes, provided Developer notifies City in writing that it elects to apply such changes and clearly specifies such changes to the City`s ordinances, policies and standards. 7.2 A~praval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or autharizatian for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies as permitted by Section 7.1. 7.3 Moratorium Nat Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development or a voter- approval requirement which affects the Project on ail or any part of the Property, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a focal emergency or state of emergency as defined in Government Code § 8558. Dublin/Lennar Homes of California, lnc. Development Agreement Page 6 0# 16 for the Lennar Brannigan Project 7.4 Rights under Vesting Tentative Map. Notwithstanding anything to the contrary contained herein, this Agreement shall not supersede 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. The City and Developer agree that this Agreement does not limit the City`s discretion to impose or require payment of any fees in connection with the development of the Project far purposes of mitigating environmental and other impacts of the Project, dedication of any land, ar construction of any public improvement or facilities. Furthermore, Developer agrees that, notwithstanding any rights it may obtain under its vesting tentative map, the City may impose or increase any such fees on the Project, payment of which is typically required at building permit or final map approval, even if those fees or charges were increased or first enacted after Developer's application for the vesting tentative map was deemed complete. 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 praspective 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 citywide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2} the application of such taxes would not prevent development in accordance with this Agreement. 8.4 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by the City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 8.5 Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Article XIIID of the Constitution and Developer does not return its ballot, Developer agrees, an behalf of itself and its successors, that the City may count Developer`s ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1 Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the DubiiNLennar Homes of California, inc. Development Agreement Page 7 of 16 for the ~.ennar Brannigan Project 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 steal[ be subject to approvak by the City Council in accordance with Chapter 8.56. 9.2 Amend__ment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of State law and Chapter 8.56. 9.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding paragraph 9.2, any amendments to this Agreement which do not relate 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 ar dedication of land as provided in Exhibit B; (d} conditions, terms, restrictions or requirements for subsequent discretionary actions, (e} the density ar 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 porkies may execute an amendment hereto. The City`s Public Works Director shall determine whether a reservation or dedication is "significant". 9.4 Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by the C'Ity. 10. Term of Project A royals. Pursuant to California Government Cade Section 66452.6{a), the term of any vesting tentative map described above shall automatically be extended for the term of this Agreement. The term of any other Project Approval shall be extended only if sa provided in Exhibit B. 11. Annual Review. 11.1 Review Date. The annual review date far this Agreement shalt be between July 15 and August 15, 2013 and thereafter between each July 15 and August T5 during the Term. 11.2 Initiation of Review. The City`s Community Development Director shall initiate the annual review, as required under Sec#ion 8.55.140 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 DUbiinli_ennar Homes of California, Inc. Development Agreement Page 8 of 16 for the Lennar Brannigan Project demonstrate goad faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 11.3 Staff Reports. To the extent practical, the City shall deposit in the mail and fax to Developer a copy of al[ staff reports, and related exhibits concerning contract performance at least five (5} days prior to any annual review. ~ ~ .4 Costs. Costs reasonably incurred by the City in connection with the annual review shall be paid by Developer in accordance with the City`s schedule of fees in effect at the time of review. 12. Default. 12.1 Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue al[ other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2 Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shat[ serve written notice of such default upon the defaulting party. [f the default is not cured by the defaulting party within thirty (30) days after service of such notice of defauit, 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 sa long as the defaulting party begins to cure such default within such thirty {3Q) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3 No Damages Against.City. Notwiths#anding anything to the contrary contained herein, in no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. 13. Estoppel Certificate. 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 the City shall be authorized to execute any certificate requested by Developer. Should the party receiving the request not execute and return Dub[inlLennar Homes of California, Inc. Development Agreement Page 9 of 'i6 for the Lennar Brannigan Project such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shalE be deemed to have certified that the statements in clauses (a) through (c) of this section are true, and any party may rely an such deemed. certification, 14. Mortgagee Protection; Certain Rights of Cure., 14.1 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who. acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14,2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perForm or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement, 14.3 Notice of Default to Mortgagee and Extension of Right to Cure. If the City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then the City shall deliver fa such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by the City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence fo cure or remedy, the event of default claimed set forth in the City's notice. The City, through its City Manager, may extend the thirty-day cure period provided in paragraph 12.2 far 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 ar illegal. DublinlLennar Homes of CaEifomia, Inc. Developmen# Agreement Page 90 of 96 for the Lennar Brannigan Prajec# 16. Attornevs' Fees and Costs. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and casts 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 steal[ reimburse the City far all reasonable court casts and attorneys' fees expended by the City in defense of any such action or other proceeding. 17. Transfers and Assignments. _17.1 Right to Assign. Developer may wish to sell, transfer or assign all or portions of its Property to other developers {each such other developer is referred to as a "Transferee"). In connection with any such sale, transferor assignment to a Transferee, Developer may self, transfer or assign to such Transferee any or all rights, interests and obligations of Developer arising hereunder and that pertain to the portion of the Property being sold or transferred, to such Transferee, provided, however, that: no such transfer, sale or assignment of Developer's rights, interests and obligations hereunder shall occur without prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, provided notice is given as specified above, 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; or 3) any transferee of a Mortgagee. 17.2 Approval and Notice of Sale, Transfer or Assignment. The City Manager shall consider and decide on any transfer, sale or assignment within ten {10) days after Developer's notice, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee can perform the Developer's obligations hereunder. Notice of any such approved safe, transferor assignment (which includes a description of all rights, interests and obligations that -have been transferred and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently with such sale, transferor assignment. 17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of a[I of Developer's rights, interests and obligations hereunder pursuant to Paragraph 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 #ransferee, QublinlLennar Homes of California, [nc. Qevelopment Agreement Page 11 of 16 far the Lennar Brannigan Project 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, ar assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.4 Developer's Right to Retain Specified Rights or Obligations. Notwithstanding Paragraphs 17.1, 17.2 and 17.3 a d~_„,,, „ ..,.....__ n Paragraph 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 andlar obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer ar 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 andlar obligations. 17.5 Termination of Agreement Upon Sale of Individual Lots to. Public. Notwithstanding any provisions of this Agreement to the contrary, the burdens of this Agreement shall terminate as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the purchaser or user thereof and thereupon and without the execution or recordation of any further document ar instrument such lot shall be released from and no longer be subjec# to or burdened by the provisions of this Agreement; . provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is constructed on such lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall terminate as to such lot, 18. Agreement Runs with the Land. A[I 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 servitudes 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 #or 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. DubliNLennar Homes of California, lnc. Developrr3ent Agreement Page 12 of 16 for the Lennar Brannigan Project 19. Bankruptcy The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemni#ication. Developer agrees to indemnify, defend and hold harmless the City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, casts (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 ar inactions of Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of the City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity {except as provided in an improvement agreement or maintenance band). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 21. Insurance. 21.1 Public Liability and Property Damage Insurance. During the term of this Agreement, Developer shall maintain in effect a policy of comprehensive genera! 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. 21.2 Workers Cam ensation Insurance. During the term of this Agreement Developer shall maintain Worker's Compensa#ion insurance for all persons employed by Developer for work at the Project site. Developer shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer agrees to indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 21.3 Evidence of Insurance. Prior to City Councii approval of this Agreement, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 21,1 and 21.2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to Dub[inlLennar Homes of California, Inc. Development Agreement Page 13 of 16 for the Lennar l3rannlgan Project the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project. 22. Sewer and Water. Developer acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of the City. 23. Notices. A[I notices required or provided for under this Agreement shall be in - writing. Notices required to be given to the City shall be addressed as follows: City Manager City of Dublin - - 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Doug Rich, Vice President of Finance Lennar Homes of California, [nc, 6111 Bollinger Canyon Road, Suite 550 San Ramon, CA 94583 A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 25. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in fuil: Exhibit A Legal Description of Property Exhibit B Additional Conditions DublinlLennar Homes of California, Inc. Development Agreement Page 14 of 96 far kE~e Lennar Brannigan Project 26. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 27. Recordation. City shall record a copy of this Agreement within ten days following execution by all parties. i=ai[ure of the City to comply with this Paragraph shall not affect the rights and obligations of the parties under this Agreement. ~9. Legal Authority. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that he or she has foil power and authority under the entity's governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. [execution Page Follows] DublinlLennar Homes of California, Inc. Development Agreement Page 15 of ~fi for the Lennar Brannigan Project 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN By: Joni Pattillo, City Manager Attest: Caroline Soto, Gity Clerk Approved as to form John Bakker, City Attorney 1799316,2 DEVELOPER Lennar Homes of California, Inc., a California corporation ~ By: ~ ~~ ~~~~. Dale Billy Its: Vice President (NOTARIZATION ATTACHED) DubiinlLennar Homes of California, Inc. Development Agreement Page 16 of 1B for the Lennar Brannigan Project C,R#L[F®Rh11A ALL-PULP®SE ACiCi~®WLE®CMEN'T State of California County of ~~- ~t-E':~ On ~,_rCh2U, 202 before me, L , 2 , Pate Here Insert Name d rtte of the d cer personally appeared t.. BIIZER ~' ~ '~-.a Cornrnissfon ~ 19512$9 t ~ ltotaty Pueltc - CalitorNa ~€~ ~ coma cosTa county ' M B+sta. s flct 5 15 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITiVESS~my ha(nd~and official seal. Signature ~.)~ Place Notary Sea} Above Signature of Notary Pubfia who proved to me on the basis of satisfactory evidence to be the person(,8) whose name(s') isla~ subscribed to the within instrument and acE<nowledged to me that he/~ executed the same in his~eir authorized capacity(i~), and that by hislt~eir signature(,a'j on the instrument the person(,f~, or the entity upon behalf of which the parson(s) acted, executed the instrument. OPTIONAL Though the information below is not required by late, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i]escription of Attached Document Title or Type of Document: Document Date: Signer(sj Other Than Named Above: Capacity{ies) Claimed by Signer{s) Signer's Name: ^ Individual Corporate Officer -Title(s): - Partner-^Limited ^ General Attorney in Fact Trustoo ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here Number of Pages: Signer's Name: ^ individual ^ Corporate Officer - Titie(sj: ^ Partner - ^ Limited ^ General ^ Attorney in Faet ^ Trustee ^ Guardian or Conservator ^ Other: Signer is Representing: Top of thumb hers C~20Q7NaBoaalNOtary/~ssoclation•935oga5otoA4re,p,O.Box24o2•Chatsswrih,CA9i3f3-241n•wwsv.NatlonalNotary.org`Ilemfs5907 Reorder:CatlTof!-Freal-BOo-876G827 Exhibi# A Legal Description of Property Parcel 1 of Parcel Map 9451 as filed for record on August 9, 2007 in Book 300 of Parcel Maps at Pages 53 through 54, Alameda County Records, California. EXHIBIT B Additionai Conditions The foilowing Addifiianal Conditions are hereby imposed pursuant to Paragraph 5.3 above, . Sub ara ra h 5.3.1 -- Subse uent Dlscretiona A rovais None. Sub ara ra h 5.3.2 -~-~ Mlti anon Conditions Subsection a. infrastructure Seauencir~a Program The infrastructure Sequencing Program for the Project is set forth below. {i) Roads; Sidewalk and i_andscape Improvements The protect-specific sidewaik and iandscape improvements (and offers of dedication) identified in Planning Cammiasion Resolution No. approving Site Development Review and Vesting Tentative Map 8903 (the "SDR Resolution") shah be completed by Developer to the satisfaction and . requirements of the Public Works Director at the times and in the manner specified in fih® SDR Resolution unless otherwise provided below. (11) Sewer: Ali sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shad be completed in accordance with DSRS^ requirements, (iii) Water; An ail weather roadway and an approved hydrant and water supply system shah be available and In service at the site In accordance with the tentative map conditions of approval to the satisfaction and requirements of the City's fire department. All potable water system components to serve the project site shah be completed in accordance wi#h the DSRSD requirements. Recycled water sines shad be installed in accordance with the tentative map conditions of approval, (iv) Storm Drainaae: Dubiinft_ennar Homes of California, inc. Development Agreement Page 1 of ~ far the Dublin ~ranslt Center Site C Protect--Exhibit ~ The storm drainage systems aff~sfte, as we11 as on-site drainage systems for the areas to be occupied, shaii be improved consistent with the tentative map conditions of approval and to the satisfaction and requirements of the Dublin Public Works pepartment applying the City`s and Zone 7 (Alameda County Flood Gontral and Water Conservation District, Zane 7) standards and policies which are in farce and effect at the time of Issuance of the permit for the proposed Improvements. Pursuant to Alameda County's National Pollution Discharge Elimfnatlart Permit (NPDE=S) Na. CAS0029839-with the California Regional Wafer.Quality Control Beard, ar pursuant to subsequent permits adopted by the Board, all grading, construction and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed-at development sites within.. _ __ the City during construction, and all activities shaii adhere to Hest Management Practices. (v} Other Utilities e. as eiectricit cable televisions telephone): Construction shall be completed by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy for the Protect. Subsection b. Miscellaneous (I} Cam letion Ma Be Deferred. Notwithstanding the foregoing, the City's Public Works Director may, in his ar her sole discretion and upon receipt of documentation in a form satisfactory to the Public WarEcs Director that assures completion, allow Developer to defer completion of~discrete portions of any public improvements for the Protect if the Pubiie Works Director determines that to da so would oat Jeopardize the public health, safety nr welfare. Sub era ra h 5.3,3 --- Phasin Timin This Agreement contains no requirements that Developer must Initiate or complete development df the Protect within any period of time set by the City, It is the Intention of this prevision that Developer be able to develop the Property in accordance with its own time schedules and the Protect Approvals. DubllnfLennar flames of California, Ina Dev~fapment Agreement Page 2 of 4 for the t3ublln Transit Center 81te C Protect-Exhibit B Subnaraaranh 5,3.4 -Financing Plan Developer will install ali improvements necessary far the Project at Its awn cost (subject to credits for any impravernertts which qualify for credits as provided in Subparagraph 5.3.6 below). Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project w1il be made available by the Dublin San Raman Services District. If sa required by Dubiin San Ramon Services District, Developer will enter into an "Area Wide 1=acillties 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}(il} and (iii) above, • Subparagraph 5.3.5 -- Fee_s_s_Dedications None. Sub ara ra h 5,3.6 -Reimbursement None. Sub ara ra h 5.3.7 -Miscellaneous Subsection a. Cvmmunit Benefit Contributions beveloper has agreed to provide the following Community Benefit Contributions In consideration of the City's approval of Developer's proposed amendments to the Genera[ Plan and to the Eastern Dubiin Specific Plan. (i) Payment. Developer shall make a $50,000 community benefit payment to the CCty within thirty days after the Approval Da#e. (ii} Contribution of Im rovements. Although it is nat a component of its project, Developer agreed to complete the ultimate street frontage improvements on the wes# side of Brannigan Street from the southern boundary of the property to Brannigan Street's intersection with Gleason Drive as a tentative map condition. These Improvements consist of (a) widening the street to match the improvements an the portion of Brannigan Street fronting the Property {56' curb face to curb face) and (b} constructing the ult[mate curb return far the northwestern portion of the Brannigan StreetlGleasan Drive intersection. Improvements shall Include grading as needed, foil pavement structural section, concrete curb and gutter, a 5-foot Dublinlt.ennar~ Homes of California, inc. Development Agreement - Page 3 of ~ for the Dubiin Transit Center 8ita CProtect-Exhibit B temporary asphalt concrete walkway (including a cannectian to the existing walkway an the narthern partian of Gleason Drive), and an accessible curb ramp with domes at the intersection. The existing pedestrian push button pole at the intersectian shall be relocated behind the new curb face. A drainage inlet shall be installed a# the northerly end of tha curb return and pipe Installed to tie thQ inlet to the existing -system unless the need for the inlet is waived by the City Engineer during final design, 1799316,5 publinll_ennar Homes of Galifarnla, Inc, t]e~elopment Agreement Page 4 of 4 far the Dub[ln Transit Center Slte C Proieat-~-lWxhibft ~