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HomeMy WebLinkAboutItem 6.1 Jordan Rch Attch 2-3.~ / ~~~ 1 ~ ORDINANCE NO. XX -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************** APPROVING THE DEVELOPMENT AGREEMENT FOR JORDAN RANCH BETWEEN THE CITY OF DUBLIN AND BJP ROF JORDAN RANCH LLC (MISSION VALLEY PROPERTIES) PA 09-011 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed project known as Jordan Ranch is located within the boundaries of the Eastern Dublin Specific Plan, and is included in the approval for Planned Development under PA 09-011. B. A Development Agreement for Jordan Ranch between the City of Dublin and BJP ROF Jordan Ranch LLC (Mission Valley Properties) ("Developer") has been presented to the City Council, Exhibit A, attached hereto. C. Pursuant to the California Environmental Quality Act (CEQA), development of the Jordan Ranch property has been analyzed in the Final Environmental Impact Report for the Eastern Dublin General Plan Amendnient and Specific Plan, which was certified by the City Council by Resolution No. 51-93, the Addenda dated May 4, 1993 and August 22, 1994 (hereafter "Eastern Dublin EIR" or "program EIR") (SCH #91103064), the Eastern Dublin Property Owners area Supplemental Environmental Impact Report ("EDPO SEIR") (SCH # 2001052114), and the Fallon Village Project area Supplemental Environmental Impact Report (SCH#2005062010) ("2005 SEIR"). D. On June 1, 2010 the City Council considered the CEQA Addendum prepared for the Jordan Ranch Project (including the proposed Development Agreement) and adopted Resolution No. XX-10 finding that the Project impacts had been adequately addressed in the previously certified Eastern Dublin EIR, the EDPO SEIR, and the 2005 SEIR, and that no further environmental review was required, and adopting a related Statement of Overriding Considerations for the Jordan Ranch project, which resolution is incorporated herein by reference. E. A public hearing on the proposed Development Agreement was h~ld before the Planning Commission on May 11, 2010 for which public notice was given as provided by law. F. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement by Resolution 10 - 26. G. A public hear'rng on the proposed Development Agreement was held before the City Council on June 1, 2010 for which public notice was given as provided by law. Attachment 2 ~ ~ ~~~ H. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Eastern Dublin EIR, (e) the EDPO SEIR, (f) the Fallon Village Project area SEIR, (g) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that: (a) the General Plan and Specific Plan land use designation for the site is Single-Family Residential, Medium Density Residential, Medium High Density Residential, Community Park, Neighborhood Park, Neighborhood Square, Semi-Public, Elementary School, and Open Space, (b) the proposed project is consistent with the designated land use, (c) the project is consistent with the fiscal policies of the General Plan and 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 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 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 Specific Plan and the General Plan which have planned for Single- Family Residential, Medium Density Residential, Medium High Density Residential, Community Park, Neighborhood Park, Neighborhood Square, Semi-Public, Elementary School, and Open Space, 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 Dublin 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 General 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 all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. 2 of 3 ~~ ~~~~ Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1st day of June, 2010 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk G:IPA#120091PA 09-011 Jordan RanchlPC Meeting 5.11.101FINAL CC ORD-DA.doc Mayor 3 of 3 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 5~ L~~~ '~~(~ ~' ~ Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BJP-ROF JORDAN RANCH LLC FOR THE JORDAN RANCH PROJECT Exhibit A to Attarhmant 7 ~ ~~ ~ yg~ THIS DEVELOPMENT AGREEMENT (this "Agreement" or this "Development AgreemenY') is made and entered in the City of Dublin on this _ day of , 2010, by and between the City of Dublin, a Municipal Corporation (hereafter "City") and BJP-ROF Jordan Ranch LLC, a Delaware limited liability company (hereafter referred to as "Developer") pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. City and Developer are, from time-to-time, individually referred to in this Agreement as a"Party," and are collectively referred to as "Parties." ~ RECITALS A. California Government Code §§65864 et seq. ("Development Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into a Development Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property. B. Developer owns certain real property ("the Property") consisting of approximately 187.9 acres of land and that is more particularly described in Exhibit A attached hereto and is incorporated herein by reference. 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. D. Developer proposes the development of the Property with a mixed use project consisting of up to 780 dwelling units, up to 12,000 square feet of retail use, a range of public parks, public and semi-public uses, open spaces and roadways ("the Project"). E. Developer, or its predecessor in interest, has applied for, and City has approved or is processing, various land use approvals in connection with the development ofi the Project, including, without limitation, a Stage 1 Planned Development Zoning and Development Plan for the Fallon Village Project (Ord. No. adopted by the City Council on _~; a Stage 2 Planned Development Rezoning and Development Plan (Ord. No. adopted by the City Council on , 2010), Site Development Review (SDR) (Planning Commission Resolution No. adopted on , 2010), a Vesting Tentative Tract Map (Planning Commission Resolution No. ~~ adopted on , 2010), and this Development Agreement. All such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the "Project Approvals." F. City desires the timely, efficient, orderly and proper development of the Project. 2 ~~ ~~~ ~ G. 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. H. City and Developer have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein. I. The development of the Property and the Project has been evaluated in three environmental impact reports certified by the City: (1) Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report, State Clearinghouse No. 91103064; (2) East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (State Clearinghouse No. 2001052114); and (3) Fallon Village Project Draft Supplemental Environmental Impact Report (State Clearinghouse Number 2005062010) (collectively, "Prior EIRs"). The Prior EIRs specifically addressed the General Plan, Specific Plan and Stage 1 Planned Development Zoning and Development Plan for the Project. An Initial Study was prepared for a Stage 2 Planned Development Rezoning and Development Plan, Site Development Review (SDR), a Vesting Tentative Tract Map, and this Development Agreement to determine whether these approvals will result in any new or substantially more severe significant environmental impacts than those analyzed in these prior EIRs or any other standard requiring further environmental review under CEQA are met (Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163). The Initial Study determined that these approvals did not trigger any of the CEQA standards requiring further environmental review. An Addendum was prepared for these approvals explaining the basis for finding no further review is required under CEQA pursuant to CEQA Guidelines section 15164(e). The City Council considered and approved the findings in the Addendum (Reso. No. adopted by the City Council on , 2010) prior to approving Stage 2 Planned Development Rezoning and Development Plan, Site Development Review (SDR), a Vesting Tentative Tract Map, and this Development Agreement. J. ~n , 2010, 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 Description of Propertv. 3 ~~ ~~i ~ The Property that is the subject of this Agreement is described in Exhibit A attached hereto ("Property"). 2. Interest of Developer. The Developer has a legal interest in the Property in that it is the owner of the Property. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City. The City and Developer hereby renounce the existenae 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 ("Effective Date"). 4.2. Term. The term of this Agreement shall commence on the Effective Date and extend ten (10) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the Propertv. 5.1. Right to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement (such amendments once effective shall become part of the law Developer is vested into without an additional amendment of this Agreement). Notwithstanding 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 become part of the law Developer is vested into under this Agreement unless an additional amendment of this Agreement is entered into befin-een 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 4 ~~ ~ ~~~ ~ ~ to the Property, shall be those set forth in this Agreement, 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. Subsequent Discretionarv Approvals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. (These conditions do not affect Developer's responsibility to obtain all othe~ land use approvals required by the ordinances of the City of Dublin other approvals from regulatory agencies.) See Exhibit B 5.3.2. Infrastructure Conditions. Additional or modified conditions agreed upon by the parties relating to infrastructure and public improvements required for development of the Project. See Exhibit B 5.3.3. Phasinq, Timinq. Provisions that the Project be constructed in specified phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. See Exhibit B 5.3.4. Financing Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B 5.3.5. Fees, Dedications. Terms relating to payment of fees or dedication of property. ~ See Exhibit B 5.3.6. Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. See Exhibit B 5.3.7. Miscellaneous. Miscellaneous terms. 5 ~f~ ~ ~~~ ~~'~" See Exhibit B 6. Applicable Rules, Requlations and Official Policies. 6.1. Rules Regardinq Permitted Uses. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the Effective Date of the Agreement. 6.2. Rules Reqarding Design and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the date of this Agreement. Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable discretionary approval, whether date of approval is prior to or after the date of this Agreement. 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 of approval of the appropriate building, grading, encroachment or other construction permits for the Project. 7. Subsequently Enacted Rules and Requlations. 7.1. New Rules and Requlations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the Effective Date of this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would,not prevent, impose a substantial financial burden on, or materially delay development of the Property as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules, regulations or official policies have general applicability. The Developer may elect to apply for amendments to the Project's Vesting Tentative Map to vest new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the Effective Date of this Agreement pursuant to Government Code section 66498.2. 6 ~~~ ~~ 7.2. Approval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7.3. Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate or timing of development or a voter-approval requirement which affects the Project on all or any part of the Property, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals except as necessary to protect City residents from a condition presenting an imminent threat to public health or safety. 8. Subsequently Enacted or Revised Fees, Assessments and Taxes. 8.1. Fees, Exactions, Dedications The City and Developer agree that the fees payable and exactions required in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Specific Plan shall be those set forth in the Project Approvals and in this Agreement (including Exhibit B. The City shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement or facilities, shall not increase or accelerate existing fees, dedications of land or construction of public improvements, or impose other exactions in connection with any subsequent discretionary approval for the Property, except as set forth in the Project Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5). Notwithstanding the foregoing, the Project and Property shall be subject to escalator fee increases to City fees in effect on the Effective Date if uniformly applied to comparable uses or property in Eastern Dublin or the City. 8.2. Revised Application Fees. Any existing application, processing and inspection fees that are revised during the term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective only; and (3) the application of such fees would not prevent, impose,a substantial financial burden on, or materially delay development in accordance with this Agreement. 8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. Nothing in this subsection shall prevent 7 ~r ~~~ ~ Developer from challenging the validity of a subsequently enacted tax under state or federal law. 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. Nothing in this subsection shall prevent Developer from challenging the validity of an assessment under state or federal law. 8.5. Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Article XIIID of the Constitution and Developer does not return its ballot, Developer agrees, on behalf of itself and its successors, that the City may count Developer's ballot as affirmatively voting in favor of such assessment, fee or charge provided City has provided all statutorily required notices and complied with all requirements governing the imposition of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1. Modification Because of Conflict with State or Federal Laws. The Project and Property shall be subject to state and federal laws and regulations and this Agreement does not create any vested right in state and federal laws and regulations in effective on the Effective Date. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be subject to approval by the City Council in accordance with Chapter 8.56. 9.2. Amendment bv 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 or dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (fl 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 8 ~ ~ - ~~ ~ Council before the parties may execute an amendment hereto. The City's Pubiic Works Director shall determine whether a reservation or dedication is "significant". 9.4. Cancellation bv Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by the City. 10. Term of Project Approvals. 10.1. Pursuant to California Government Code Section 66452.6(a)(1), the term of the vesting tentative map described in Recital F above shall automatically be extended for the term of this Agreement or the term pursuant to the provisions of the state Subdivision Map Act, whichever is longer. The term of any other Project Approval shall be extended only if so provided in Exhibit B. 11. Annual Review. 11.1. Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2011 and thereafter between each July 15 and August 15 during the Term. 11.2. Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty (30) days' written notice that the City intends to undertake such review. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 11.3. Staff Reports. To the extent practical, the City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 11.4. Costs. Costs reasonably incurred by the City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. ~ 12. Default. 12.1. Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations 9 ~~ ~~~ governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2. Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3. No Damaqes Aqainst Citv. Notwithstanding anything to the contrary contained herein, in no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. 13. Estoppel Certificate. 13.1. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying party the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of the City shall be authorized to execute any certificate requested by Developer. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shall be deemed to have certified that the statements in clauses (a) through (c) of this section are true, and any party may rely on such deemed certification. 14. Mortqaqee Protection; Certain Riqhts of Cure. 14.1. Mortqagee 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 10 ~ `~ °~ ~~~- trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.2. Mortgagee Not Obliqated. Notwithstanding the provisions of Section 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction 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 Riqht to Cure. If the City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by the City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the City's notice. The City, through its City Manager, may extend the thirty-day cure period provided in paragraph 12.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. 15. Severabilitv. 15.1. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. ' 16. Attorneys' Fees and Costs. 16.1. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys' fees expended by the City in defense of any such action or other proceeding. 11 6' ~-l ~'f 17. Transfers and Assignments. 17.1 Right to Assiqn. Developer may wish to sell, transfer or assign all or portions of its Property to other developers (each such other developer is referred to as a"Transferee"). In connection with any such sale, transfer or assignment to a Transferee, Developer may sell, 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. 17.2 Apqroval and Notice of Sale, Transfer or Assignment. The City Manager shall consider and decide on any transfer, sale or assignment within ten (10) days after Developer's notice, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee can perform the Developer's obligations hereunder. Notice of any such approved sale, transfer or assignment (which includes a description of all rights, interests and obligations that have been transferred and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently with such sale, transfer or assignment. 17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Paragraph 17.1 of this Agreement, Developer shall be released from the obligations under this. Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.4 Developer's Riqht to Retain Specified Rights or Obligations. Notwithstanding Paragraphs 17.1 and 17.2 and 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 and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developer's purchaser, transferee or assignee shall then have no interest or obligations for such rights, 12 ~~~~~~ interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations. 17.5 Termination of Aqreement 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 finalty subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the purchaser or user thereof and thereupon and without the execution or recordation of any further document or instrument such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is constructed on such lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall terminate as to such lot. 18. Aqreement Runs with the Land. 18.1 All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of taw or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 19. BankruRtcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemnification. Developer agrees to indemnify, defend and hold harmless the City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Developer, or any actions or inactions of Developer's contractors, 13 ~~ ,~~i subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of the City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 21. Insurance. 21.1. Publie Liabilitv and Property Damaqe Insurance. During the term of this Agreement, Developer shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than one mi-lion dollars ($1,000,000.00) with a One Hundred Thousand Dollar ($100,000) self insurance retention per claim. The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 21.2. Workers Compensation Insurance. During the term of this Agreement Developer shall maintain Worker's Compensation insurance for all persons employed by Developer for work at the Project site. Developer shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer agrees to indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 21.3. Evidence of Insurance. Prior to issuance of any permits for the Project, including grading permits, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 21.1 and 21.2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appoin~ive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project. 22. Sewer and Water. 22.1. Developer acknowledges that it must.obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of the City. City agrees to cooperate and attempt to facilitate legally-required actions by DSRSD and Zone 7 of the Alameda County Flood Control and Water Conservation District regarding water supply for the Project. 14 ~~ ~ ~/ 4 I ~ 23. Notices. 23.1. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to the City shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: BJP-ROF Jordan Ranch LLC 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 Attn: Rob Radanovich Fax No. (925) 467-9919 With copy to: David Gold ~ Morrison and Forester 101 Ygnacio Valley Road Suite 450 Walnut Creek, CA 94596 Fax No. (925) 946-9912 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. Aqreement is Entire Understandinq. 24.1 This Agreement constitutes the entire understanding and agreement of the parties. ~. 25. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: 15 ~9 ~/ ~ Exhibit A Legal Description of Property Exhibit B Additional Conditions 26. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 27. Recordation. The City shall record a copy of this Agreement within ten (10) days following execution by all parties. [Execution Page Follows] 16 ~~~ ~, ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN By: Attest: Joni Pattillo, City Manager Caroline Soto, City Clerk Approved as to form John Bakker, City Attorney 1419789.6 By: Robert Radanovich, member (NOTARIZATION ATTACHED) DEVELOPER BJP-ROF JORDAN RANCH LLC, a Delaware limited liability company By: Fallon-Jordan, LLC, a California limited liability company, its manager By: MVP Development California, LLC a California limited liability company, its managing member ~~~~~ 17 ~~ ~~~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF Califomia )SS COUN7Y OF ,,,~,(~~ ~_. ) Fle No: APN No: On ~J'~'1C(,vr ~~ _~~-O/ D before me, %> ~ a/~.~, ~_~~,~ ~r , Notary Pubiic, personally appeared Dn J~~, ~- ,E~~ ~Ji;n ov. c i_ who proved to me on the basis of satisfactory evidence to be fhe person(s) whose name(s) is/a+~c subscribed to the within instrument and acknowledged to me that he/~eq~-executed the same in his/liey~ie+~ authorized capacity(ies), and that by his/daer}their-signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PER]URY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sigrtature _~~ l • .L~:~~! ~ DIANE E. BURTON COMM. #~1828460 ~ - NOTARY PUBLIC ~ CALJFORlNA ~ ~ nww~new- couNnr ~ Comm. Exp. DEC. 27, 2012 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ~ INDMDUAL Q CORPORATE OFFICER(S) TIT'LE(S) Q PARTNER(S) ^ LIMITED ^ GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) ~ GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by Frst Amesion Trtle Company il/2007 ~ ~ ~~ Exhibit A Legal Description of Property Real property in the County of Alameda, State of California, described as follows: [ADD] ~~ ~~~ ~ Order Number: 0192-3484873 Page Number: 8 LEGAL DESCRIPTION Real properly in the City of Dublin , County of Alameda, State of California, described as follows: BEGINNING AT THE NORTHEASTERN CORNER OF THE FIRST PARCEL DESCRIBED BELOW (98388140), SAID POINT BEING THE QUARTER CORNER OF SECTIONS 34 AND 35, TOWNSHIP 2 SOUTH, RANGE 1 EASI", MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE EASTERN LINE OF SAID FIRST PARCEL, SOUTH 01° 29' 39" WEST, 223.21 FEET; THENCE SOUTH 00° 46' 42" WEST, 2709.61 FEET TO THE SOUTHEASTERN CORNER OF SAID FIRST PARCEL; THENCE LEAVING SAID EASTERN LINE AND ALONG THE SOUTHERN LINE OF SAID FIRST PARCEL, NORTH 88° 30' S2" WEST, 2597.08 FEET TO THE SOUTHWESfERN CORNER OF SAID FIRST PARCEL, SAID POINT BEING ON A NON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 62° 31' 08" EAST, A RADIUS OF 399.94 FEET, A DELTA OF 10° 23' S3"; THENCE LEAVING SAID SOUTHERN LINE, ~IORTHWESTERLY ALONG TNE WESTERN LINE OF SAID FIRST PARCEL AND SAID CURVE AN ARC LENGTH OF 72.58 FEET; THENCE NORTH 37° 52' 45" WEST, 428.46 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF 399.94 FEET, A DELTA OF 44° 12' 02"; THENCE ALONG SAID CURVE AN ARC LENGTN OF 308.53 FEET; TNENCE NORTH 06° 19' 16" EAST, 1321.37 FEEr TO A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIAL WHICH BEARS NORTH 83° 40' 20" WEST, A RADIUS OF 800.55 FEET, A DELTA OF 16° 02' 30"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 224.14 FEET; THENCE NORTH 22° 21' 46" EAST, 500.00 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 199.76 FEET, A DELTA OF 19° 23' 54"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 67.63 FEET TO THE SOUTHERN CORNER OF EXCEPTION PARCEL DESCRIBED BELOW (2007257006); THENCE ALONG THE SOUTNEASTERN LINE OF LAST SAID PARCEL, NORTH 22° 21' 46" EAST, 136.09 FEET TO THE NORTHEASTERN CORNER OF LAST SAID PARCEL AND NORTHERN LINE OF SAID FIRST PARCEL; THENCE ALONG SAID NORTHERN LINE, SOUTH 89° 50' 11" EAST, 2565.27 FEET TO THE POINT OF BEGINNING. BEING THE PARCEL DESCRIBED IN THE DEED TO FIRST AMERICAN TITLE GUARANTY COMPANY RECORDED ON NOVEMBER 04, 1998 IN DOCUMENT NO. 98388140, OFFICIAL RECORDS OF THE COUNIY OF ALAMEDA, STATE OF CALIFORNIA: DCCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE CTTY OF DUBLIN RECORDED ON JULY 12, 2007 IN DOCUMENT NO. 2007257006, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA. APN: 985-0027-006-03 (Old APN), 985-0027-006-04 (New APN) 985-0027-007-01 (Old APN), 985-0027-007-02 (New APN) FirstAmencan Tide ~~~~~, EXHIBIT B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. Subparactraph 5.3.1 - Subsequent Discretionarv Approvals None. Subparaqraph 5.3.2 - Infrastructure Conditions Subsection a. Infrastructure Sequencinq Proqram The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: The project-specific roadway improvements (and offers of dedication) identified in Resolution No. 10- of the City of Dublin Planning Commission approving Site Development Review and Vesting Tentative Tract Map 8024 for the Jordan Ranch Project for PA 09-011 (hereafter "SDR and VTM Resolution") shall be completed by Developer to the satisfaction of the City Engineer at the times and iri the manner specified in the SDR and VTM Resolution unless otherwise provided below. All such roadway improvements shall be constructed to the satisfaction and requirements of City's City Engineer. (ii) Sewer. All sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shall be completed in accordance with DSRSD requirements. (iii) Water. An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with the tentative map conditions of approval to the satisfaction and requirements of the City's fire department. All potable water system components to serve the project site shall be completed in accordance with the DSRSD requirements. Exhibit B ~5 ~ ~~i Recycled water lines shall be installed in accordance with the tentative map conditions of approval. (iv) Storm Drainaqe. The storm drainage systems off-site, as well as on-site drainage systems for the areas to be occupied, shall be improved consistent with the tentative map conditions of approval and to the satisfaction and requirements of the Dublin Public Works Department applying the standards and policies of the City and Zone 7(Alameda County Flood Control and Water Conservation District, Zone 7) that are in force and effect at the time of issuance of the permit for the proposed improvements. Pursuant to Alameda County's National Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board, or pursuant to subsequent permits adopted by the Board, all grading, construction and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. The property is within the Dublin Ranch Eastside Storm Drain Benefit District (G-3 Culvert). Therefore, in accordance with Dublin Municipal Code section 7.74.290, a condition on the tentative map approval requires Developer to pay the applicable benefit charges for the property prior to First Final Map or first building permit, whichever is earlier. (v) Other Utilities (e.a. qas, electri Construction shall be completed by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy for the Project. Subsection b. Miscellaneous (i) Completion Mav Be Deferred. Nofinrithstanding the foregoing, the City's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the City's Public Works-Director that assures completion, allow Developer to defer completion of discrete portions of any public improvements for the Project if the City's Public Works Director determines that to do so would not jeopardize the public health, safety or welfare. Subparaqraph 5.3.3 - Phasinq, Timinq ~n~b~t e 2 ~~ ~ ~~ w This Agreement contains no requirements that Developer must initiate or complete development of the Project within any period of time set by the City. It is the intention of this provision that Developer be able to develop the Property in accordance with its own time schedules and the Project Approvals. Subparaqraph 5.3.4 - Financinq Plan Developer will install all improvements necessary for the Project at its own cost (subject to credits for any improvements which qualify for credits as provided in Subparagraph 5.3.6 below). Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project will be made available by the Dublin San Ramon Services District. If so required by the Dublin San Ramon Services District, Developer will enter into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above. Subparaqraph 5.3.5 - Fees, Dedications Nofinrithstanding anything to the contrary in this Subparagraph 5.3.5 or this Development Agreement, Developer shall pay any fees required by Subsections a-g at the time such fees are due under the resolutions and/or ordinances establishing and/or amending such fees. Subsection a. Traffic Impact Fees. Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF") established by Resolution No. 40-10, including any future, lawfully enacted amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits and in the amount of the impact fee in effect at time of building permit issuance. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freewav Interchanqes. Developer shall pay the Eastern Dublin I-580 Interchange Fee in the amounts and at the times set forth in Resolution No. 155-98 or any subsequent, lawfully enacted resolution that revises such Fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Exhibit B 3 ~~ ~~, ~' Subsection d. Public Facilities Fees. Developer shall pay a Public Facilities Fee established by City of Dublin Resolution No. 214-02, including any future, lawfully enacted amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection e. Noise Mitiqation Fee. Developer shall pay a Noise Mitigation Fee established by City of Dublin Resolution No. 33-96, including any future, lawfully enacted amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection f. School Impact Fees. School impact fees shall be paid by Developer in accordance with Government Code section 53080 and the agreement between Developer or its predecessor in interest and the Dublin Unified School District regarding payment of school mitigation fees. Subsection h. Tri-Vallev Transportation Development Fee. Developer shall pay the Tri-Valley Transportation Development Fee in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any subsequent resolution which revises such fee. Developer will pay such fees no later than the time of issuance of buildin~ permits and in the amount of the impact fee in effect at time of building permit issuance. Subparaqraph 5.3.6 - Credit Subsection a. Traffic Impact Fee (TIF) Improvements - Credit City shall provide a credit against Eastern Dublin Traffic Impact Fees to Developer for those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the Developer in their ultimate location. All aspects of the credit shall be governed by the TIF Guidelines. The TIF inay be paid by cre.dits acquired from third parties subject to City confirmation of the validity of any credit. Subsection b. Traffic Impact Fee Riqht-of-Wav Dedications - Credit ~n~b~t B 4 1~ ~i~~ City shall provide a credit against Eastern Dublin Traffic Impact Fees to Developer for any TIF area right-of-way to be dedicated by Developer to City which is required for improvements which are described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines. Subsection c. Public Facilitv Fee - Neiqhborhood Parkland Component City shall provide a credit against Public Facilities Fees to Developer for any neighborhood parkland to be dedicated by the Developer which exceeds the amount required under section 9.28 of the Dublin Municipal Code. Such credits shall be expressed in acres of parkland. All aspects of the credits shall be governed by the City's Public Facilities Fees Administrative Guidelines. Subparaqraph 5.3.7 - Miscellaneous Subsection a. Compliance with Inclusionarv Zoninq Ordinance. Developer proposes residential development on the Property. Pursuant to the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal Code) ("the Regulations"), developers of more than 20 residential units are required to set aside 12.5% of the units in the project as affordable units as specified. Under the Regulations, certain exceptions permit developers to satisfy the obligation other than through on-site construction. For instance, part of this obligation can be satisfied through the payment of a fee in-lieu of construction. In addition, developers can satisfy their affordable housing obligations by, among other mechanisms, obtaining City Council approval of an alternative method of compliance that the City Council finds meet the purposes of the Regulations. Developer shall satisfy its affordable housing obligation through the following "alternative method of compliance" under City Code Sec. 8.68.040E: (1) The Project will meet affordability goals by providing medium to high density residential units of certain sizes that will promote the City's affordability and Housing Element goals. The City hereby finds that certain types and sizes of townhouse and/or mixed use units in the Project are likely to meet the City affordability standard for "moderate income" units. ~The Project proposes 197 townhouse and mixed use units at a density of 14.4 and 15.9 units per acre that are likely to meet the moderate-income affordability standard. The 197 units ~n~b~c B 5 ~`~~ ~I ~l ~~, exceed the 12.5% affordability requirement of 98 units based on a total of 780 residential units in the Project; and (2) Developer shall make the following community benefit payments to the City at the time specified, for a total general community benefit payment (independent of the Inclusionary Housing Fund) of Five Million Dollars ($5,000,000.00) Community Benefit Payment Due Date Amount First Payment 90 days after Effective Date of this Agreement $2,000,000. Second Payment 24 Months after Effective $2,000,000. Date of this Agreement Third Payment 36 Months after Effective $1,000,000. Date of this Agreement Total $5,000,000. The Developer's obligation to make the Third Payment in the amount of $1,000,000 is subject to the provisions regarding the Semi-Public Area Rezoning in Subsection 5.3.7(b) of this Agreement. Nofinrithstanding the foregoing, if a legal action is filed by a third party against the City challenging any of the Project Approvals within the applicable statute of limitations period under State Law on or prior to the Due Date for the First Payment, the Due Date for the First Payment shall be the earlier of (i) the date on which the appeal period ends for any trial court judgment or court of appeals decision in favor of the City or order or entry of dismissal of said legal action; or (2) the date on which the Developer submits any application to the City for subsequent approvals or permits to develop the Project ("Revised Due Date for First Payment"). If the Due Date for the First Payment is changed pursuant to this paragraph due to the filing of said legal action, then the Due Date of the Second Payment shall be 21 months after the Revised Due Date for First Payment, and the Due Date for the Third Payment_shall be 33 months after the Revised Due Date for First Payment. ~ Through its approval of this agreement, the City Council hereby finds that the "alternative method of compliance" in this subsection 5.3.7(a) meets the ~n~b~t s 6 ~~~til~l purposes of the Regulations and will promote the City's affordability and Housing Element goals, and hereby waives the requirements of the Regulations. Notwithstanding anything to the contrary in this Agreement, if any community benefit payment under this Subsection 5.3.7(a) is not received in full by the City by the Due Date for such payment, this Agreement shall, following notice and an opportunity to cure under Section 12.2, automatically terminate and approval of Developer's "alternative method of compliance" shall become ineffective. Accordingly, in such event, the City will withhold further issuance of building permits and other approvals until such time as Developer has entered into a binding agreement specifying how it will comply with the Inclusionary Zoning Regulations. Subsection b. Semi-Public Area Rezoninq. The Project includes a 2.7 gross acre semi-public area located adjacent to Central Parkway ("Semi-Public Area"). This area is intended to provide semi-public uses, which include recreational facilities, for Project and City residents. The Developer may apply for a General Plan Amendment, Specific Plan Amendment and rezoning of the Semi-Public Area for another non-public use in the future. Since the Semi-Public Area may not be developed for semi- public uses in the future, the Developer shall make a One Million Dollar payment ($1,000,000.) to the City General Fund at the time specified below: General Fund Due Date Amount Payment First Payment 90 days after Effective $280,000. Date of this Agreement Second Payment 12 Months after Effective $280,000. Date of this Agreement Third Payment 24 Months after Effective $180,000. Date of this Agreement Fourth Payment 36 Months After Effective $180,000. Date of this Agreement . Fifth Payment 48 Months after EfFective $80,000. Date of this Agreement Exhibit B 7 ~l ~~~ ~ Total $1,000,000. Notwithstanding the foregoing, if (i) the Developer has not applied for and obtained City approval of a General Plan Amendment, Specific Plan Amendment and rezoning of the Semi-Public Area for another non-public use on or before 24 months after the Effective Date of this Agreement and (ii) the Developer has paid to the City the full amount of the First and Second Payments for General Fund Payment in an amount equal to $560,000, then the Third Payment of the Community Benefit Payment in the amount of $1,000,000 required under Subsection 5.3.7(a) shall be reduced to $440,000 and the Developer shall not be required to make any further payments under this Subsection 5.3.7(b) that are due on or after 24 months after the Effective Date of this Agreement. Notwithstanding the foregoing, if a legal action is filed by a third party against the City challenging any of the Project Approvals within the applicable statute of limitations period under State Law on or prior to the Due Date for the First Payment, the Due Date for the First Payment for the General Fund Payment shall be the earlier of (i) the date on which the appeal period ends for any trial court judgment or court of appeals decision in favor of the City or order or entry of dismissal of said legal action; or (2) the date on which the Developer submits any application to the City for subsequent approvals or permits to develop the Project ("Revised Due Date for First Payment"). If the Due Date for the First Payment for the General Fund Payment is changed pursuant to these provisions due to the filing of said legal action, then the Due Date of the Second Payment shall be 9 months after the Revised Due Date for First Payment; the Due Date for the Third Payment shall be 21 months after the Revised Due Date for First Payment; and the Due Date for the Fourth Payment shall be 33 months after the Revised Due Date for First Payment. Notwithstanding anything to the contrary in this Agreement, this Agreement shall, following notice and_ an opportunity to cure under Section 12.2, automatically terminate if City has not received any General Fund Payment under this Subsection 5.3.7(a) in full by the Due Date for such payment. Subsection c. Eminent Domain Cooperation Developer is required to construct certain off-site improvements under the conditions of approval for the Vesting Tentative Map on land for which Developer or City does not have sufficient title or interest at the time of entering into this Agreement. These requirements shall be consistent with the provisions of Government Code section 66462.5. Developer shall construct off-site Exhibit B $ ~~ ~~ 1 ~ improvements for a second public access at such time as the City Fire Department determines that a second public access is required to serve a portion of the Project. If this condition cannot be satisfied prior to the recordation of the final map due to insufficient title or interest in property, the City shall require Developer to enter into agreement under Government Code section 66462.5(c) prior to recordation of final map. Developer shall pay all costs, expenses and fees, including, but not limited to, all City attorney's fees and staff time costs, relating to any eminent domain action to acquire offsite property interests required in connection with the subdivision or Project. Subsection d. Bioloqical Mitiqation Cooperation The Parties acknowledge that subsequent to entering into this Agreement, Developer will need to process and obtain various federal and state permits to develop the Project which may require site plan modifications. To the extent consistent with City Code Section 8.32.080, the parties anticipate that Developer may administratively process various site plan modifications to the Stage 2 approval to ensure the federal, state and City approvals are consistent. City will use reasonable efforts to attempt to expeditiously process requests for amendments to Project Approvals to address any minor modifications affecting the Project Development Plan due to federal or state permitting requirements. Subsection e. School Site Cooperation The Project Approvals include a lot designated for a school site. City agrees to cooperate with Developer's efforts to satisfy the condition of approval of the Vesting Tentative Map to sell the school site property to the Dublin Unified School District in compliance with the law. Developer acknowledges that if the Dublin Unified School District determines not to acquire the school site, it will need to obtain subsequent legislative and project level entitlements from the City to allow residential or any other non-public uses on the school site. ~ Subsection f. Fal~on Interchanqe Fee Advance. Condition 99 of the SDR and VTM Resolution ("Condition 99") reads as follows: Fallon Roadl I-580 Interchange Improvement Contribution: The developer shall pay a fair share portion of costs advanced by the Lin Family for construction of improvemerrts to the Fallon Road/I-580 Interchange. The advance will be payable at the time of filing of the first final map. The developer's fair share has been determined to be 2.7711 % of the balance of construction funds advanced by the Lin Exhibit B 9 ~~~p ~gj -.~.f Family. The amount shall be calculated against the then-outstanding balance as of the first final map. City will provide a credit to developers in the amount of developer's advance to be used by developer against payment of Section 2 obligations of the Eastern Dublin Traffic Impact Fee ("TIF"). In accordance with the City's TIF Guidelines (Resol. 20-07), establishment of the credit shall require the payment of an administrative fee. The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of reimbursement will be as set forth in the City's TIF Guidelines, subject to the following provisions: (~) the credit shall be granted at the time Deve~oper makes the advance required by this condition; and (b) the credit may be used only to satisfy Section 2 TIF obligations. The advance required by Condition 99 will be based on the total amount advanced to by the Lin Family that remains outstanding at the time that the advance is made, multiplied by .027711. The fair share percentage (2.7711 %) was calculated by determining the percentage that the projecYs trips bears to the total trips responsible for the interchange. As of February, 2010, the total amount advanced by the Lin Family that remained outstanding was $10,641,943. Since the advance does not bear interest, and since the Lin Family will not be making an additional advances, it is not anticipated that the amount outstanding would increase. Thus, were the advance made in February, 2010, it would be $294,888.24. Subsection q. Fire Impact Fee Advance Condition 118 of the SDR and VTM Resolution ("Condition 118") reads as follows: Fire Impact Fee Advance. Prior to the filing of the first final map, the developer shall.make an advance payment of Fire Facilities Fees equal to 5.71 %. of the then-outstanding amounts of the advances made by DR Acquisitions and the City General Fund to construct and equip, respectively, Fire Station 18 and Fire Station 17: The advance will be used to repay a portion of monies advanced by DR Acquisitions, LLC and the City General Fund. City will provide a credit to developer in the amount of developer's advance of monies pursuant to this condition. Developer shall be responsible for the payment of an Administrative Fee to establish the Exhibit B ~ 0 ~ ~ ` r~~r~~ ~ credit. The credit may be used by developer against payment of Fire Facilities Fee on this property or any property where Developer has an interest in the City of Dublin. The amount of the credit, once established, shall not be increased for inflation and shall not accrue interest. The credits with written notice to City, and payment of an administrative fee, may be transferred by developer to another developer of land in Dublin. Other aspects of the credit shall be consistent with the City's Traffic Impact Fee Guidelines. WHEN REQ'D: Prior to First Final Map. The advance required by Condition 118 will be used by the City to reimburse the developer of Dublin Ranch Area A(DR Acquisitions, L.L.C.) for its advance of costs to the Fire Facilities Fee program to construct and equip the new Eastern Dublin fire station (Fire Station 18) and to reimburse the City General Fund for its loan of funds to the Fire Facilities Fee program for Fire Station 17 Construction. The amount of the advance will be based on the total amount advanced to the Fire Facilities Fee Program by DR Acquisitions, L.L.C. and the City General Fund that still remain outstanding at the time that the advance is made, multiplied by the percentage of acreage (5.71 %) that the Property (187.9 acres) bears to the total acreage of the Eastern Dublin area (3293.13 acres). The total amount advanced was $8,138,163 (consisting of $5,996,345 advanced by DR Acquisition and $2,141,818 advanced by the City General Fund). The calculated amount of the advances outstanding as of March 2010 is $5,402,371 (consisting of $4,574,381 advanced by DR Acquisitions and $1,804,183 advanced by the City General Fund). This outstanding amount is lower than the total advance because it excludes credits transferred by DR Acquisitions, L.L.C. to other entities and because the City General Fund loan has been repaid as Fire Facilities Fees have been collected. However, because the City loan is interest bearing, the amount outstanding could possibly increase as well as decrease. Thus, for illustrative purposes, had the advance been made in March 2010, it would have been $308,475.38. ~n~b~t s 11 ,`;; ~7~ r ~lr~, /~i"'~ `:~t• ~//1'` ,, `~IIY ~~l1~ r~~~ ~-i~1 y l~ ~~1 ~::ir~- - ;~,~~ .. ~~vk~=~ [7ATE: TU: ~ 5 ~!`~I ~ STAFF REPORT PLANNING CtJMM~SSICIN May 11, 201~} Planning Commission SUBJECT; PUBL~C HEARING: PA U9-011 Jardan Ranch Planned development Re~c~ne with a Stage 2 Devel~pment Pian, Site Development Review, V~sting Tentative Map 8024, De~elapment Agreement, and approving findings in a CEQA Addendum. Re~t~rt Prepared by Mike Pot~o, Cansulting Planner EXECUTIVE SUIViMARY; The Applicant is requesting appraval of the project known as "Jordan Ranch" located within the FaElon Viif~ge Project. TI~~ current applieations include a Stage 2 Planned Qevelopment fc~r the 189+ acre Jordan Ranch area, Site Development Review, Master Vesting Tentative Tract Map 8024, Development Agreem~nt, a~d CEQA Addendum determining no further environmental r~vietiv is required based on pric~r certified EIRs. The Jordan Ranch project prapases the development of as rt7any as 780 residential units within six neighborhoods. It also includes a mixed-use compc~nent, as well as an eiemen#ary schoal site, community park, neighborhood park, neighborhnod square, semi-public use, c~pen space, and related infrastructure. REC~MMEI~DATION; Staff recommends that the Plannir~g Comrnission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimor~y from the Applicant and the public; 4) Close the public hearing and deliberate; and 5} Adopt the faliowing Resolutir~ns: a, Resolution recommending the City Counci[ approve ~ndings in a CEQA Addendum determining no further enviranmental review is required based on prior certified EIRs. b. Res~lutic~n recc~mmending the City Cc~uneil adapt an Ordinance approving a Stage 2 Planned Develapment. c. Ftesolutian approving Site C}evelopment Review and Master Vesting Tentative Map 8024 for 780 residential units within t~eighborhaods 1 thraugh 6. d. Resolution recQmmending the City Council adopt an Ordinance appraving a Development Agreement between the City of DubGn and BJP ROF Jardan Raneh LLC (repres~nted by Nlissian V~kley Properties). _ F° . ~j` ~ r ".~~ _.._z ~f~ w ~ Submitted By: Re~iewe~i By Consulting Plar~ner Planning' I~tlanager COP'IES TO: Appficant File Page 1 of 20 (, F',{?it°!7f)9!F'.-t t79-t)11 Jorslrm 1?arrclti/'(',14~etir~g 5.11_ 10=FY&4:tL l'C' St~(J Re~7urt 5 l/!Q DC)ti. Attarhmpnt '2 g~ L~~~f ~ESCRIPTION: Jordan Ranch is comprised of two prtrperties tc~taling approximately 189.4 gross acres located within the westlcentral portion of the 1,134 acre area approved as the Fa{lan ~Iiliage Project area. it is be~unded to the norkh by F'asitano Parkway and ta the west by Fallon Road. The southeriy boundary c~f Jordan ~anch generally is located along a!ow knoll between the fu#ure east-west extensions of Dublin Baulevard and Central Parkway. To the east, another ridge line on the most westerly Qf the two Croak proper#ies, serves as its easterly bound~ry. A remnant porkic~n of Jordan Ranch is separated by Pc~sitan~ Par4~way and the previous dedication of Positana parkway itself, reduces the area of Jord~n Ranch referenced in this application #o 1$7.9 acres. ~, G~; ~l 1~~ ~ ~ ~.~ t~E~ F~hti~C C)I~ F:. ~~ ~~.~~~ .~ a. .-~~ ~~-- ~ ~:r ~~ ~ /~ ~~ `~~. t~ ~'~ ;'~~~ ~l ;''~ ~L . t . ,._~...,~,7rN~^`f I'. %f~~ /,~. ~,/ c. _ CE+'Y'TfiA.. _.. .,r"'~ .",,..~,_,_....--~ ~ r _ ' ' . ~~"~ ' - ..., i~iF....ti f1r.~~~```- . _. ~ 7 ~ ~ .._.. ~ ~,S ~ rd'C,~r~:iY «aQ ~._ ,. ~'~~' ~ ~ t~ ~ ' ~e, ~'~ ~~~ ~} ,c ~ ~ ~'~1' ~'~~~~ ~'lr~~. ~~~~3Tt7N VICINITY MAP~ The Jordan Ranch project site his~orically w~s used for cattle grazing and is characterized by rt~lling hills and grassland~. The ranch home and barn structures recently were removed, and the site is used only occasior~alfy for cattls grazing. The property is crossed by three naturai drainage ways. The most significant one crosses the proper#y centrally ~nd diagonal[y running in a southwesterly directian. This natural feature is required ta be preserved by the Resource Managernent Plan reviewed by fhe City Council and will remain as part af the o~en space corridor. It Cfltlt~lflS SO171~ smali naturai pands and virtuafly a{i of the limited number of trees or~ the prc~perty. A man-m~de str~clc pond, behind the form~~ ranch house, is well-fied and remains w~t year-round. This drainage way has be~n documented as a habitat are~ fc~r tk~e Californi~ tiger saiamander and th~ red-legged fr.og. New and enhanced features wili be created as a mitigation measure far wetlands habitat im~acts identified as a result of the propos~d praject. Pa~e 2 ~f'20 Ba~kground ~~ ~~' ~ Th~ Jord~rt Ranch properties were part of an earli~r annexation known as the Eastern Dubiin Property Owners tEQPO) annexati~n area and were annexed to fhe City in 2002. A General Plan Amendment, Specific Plan Amendment, Planned Development Rezone with ~ Stage 1 Develapment Plan and a Suppiementai Environmental Impact Report (EIR) were approved in 2005 far Fallan Village, which includes Jordan. The approvals included an amen~ed land use plan to address the requirements af the Resource Management Plan (RMP) and Airpc~rt Protec#ion Area (APA). The plan approved up ta 1064 units on the Jordan prc~perty. In 2007, the City Cauncil reviewed usable yard areas within the Medium Qansity land use designation. +Ordinance 45-d8 established #hat 5~% of the units within the existing Medium Qensity land us~ designation on the Jnrdan property shafl have a minimum of 400 square feet of conti~uous filat usable yard area, have a rninimum dimensian of 18 feet X 18 fieet and include a privacy fence. Currerit Appl~cafion The current appli~ation includes a request for: • Planned Oevelc~pment Rezane with a Stage 2 Developmer~t Plan • Site Develt~pm~nt Review for the six neighborhoads with~in the project • Master Ves#ing Tentative Map 8024 to create 252 Ic~ts of 4,000 and 5,000 square feet for sing(e family detached homes, 111 lots fQr detached cluster uni#s, 94 lots for detached alley loade~i units, Lats for 218 townhause {condominium), Lots for 1~5 contiominium units and up to 12,004 square f~et ~f retail commerci~l uses, 3 parks, 1 site fior semi- pubiic uses, 1 elemen#ary school site and v~rious t~pen spac~ Eots. • Development A~reement • CEQA Addendum ANALYSIS: The S#age 1 Planned Development ar~ticipated a maximum of 1,~64 residential units for Jordan Ranch and a rnaximum of up to 83,635 square feet af non-residential (commercial} use. The proposed land use distributic~n for Jr~rd~n Ranch samewhat increases the acreage for Low Density and Mediurn Densi#y Residential, and tiecre~ses the acreage for Medium-High Density residential and substantially reduces the number of alic+wable units from a maximum of 1,q64 units to a maximum of 780 units. The Eastern Dublin Specific Plan recognizes fihat roadway alignments and land use boundaries are approximate and that flexik~ility wiH be needed when interpreting the plan. It further notes that minor adjustments to roadway afignments and boundaries may be necessary and that th~ Land Use Map must be used in conjunction with plan goals and policies. Minor shifting ofi (and use boundaries were needed to establish the rninimum density requirements and prQVide usable yards within the Medium Density land use designation. ~'abe 3 o.f ?0 ~s ~~y~~ STA~E 2 PLANNED DEVELC~PMENT - The Jordan Ranch Stage 2 Development Pian would establish: 1) the overall layout and neight~orhood canfiguration; 2) Development StandardslRegulatians; 3) Architecture„ 4) Traffic and Circulation; and 5) Landscape. The Stage 2 Development Plan most importantiy addresses: '` Residential Design Guidelines * Streetscape " Neighborhoads * Residential Unit lypes * Architectural Styles Site Plan and Densities * Deveiopment R~gulations and Standards * Lot sizes * Bu'rldint~ Heights '~ Private Open Spa~e and Yard areas * Parking Under the St~ge 2 Planned Development, Jordan Ranch has been planned for six neighborhoods. Jordan Ranch is planned ta prc~vide b~th singl~-family and multi-famiiy housing thraugh a variety of neighbc~rhaod types. The Applicar~t has stated its intentions ta create affc~rdability by d~sign and by making a cons~ious effort to limit the size af #he homes while maximizinc~ the pubiic ~nd private open space within the community. Please refer to the map below for tha location of each neighbarhood. Table 1 identifies Neighborhoods 1 through 6 by: neighborhood, number nf ur~its, acre~ge, and resulting density an a gross basis. ~ ~ kg j~ ~( l ~70WbUfUa7~~ N~lL"irHE#Ci~kHt7OD 6 ;row»:~u-TS} ~'a~;e 4 of 2Cl `~'~~ ~~ ~ Table 1: Resi~lential Unit 7ypes anci ~ystr il~ut~on . . _. .... . ._.__.; i Unrt 7ype Na of units ~ ~ -- -_ ____ ~ Neighborhaod E _-_ ... . . `T [?ens~ty ___ ` __.. r~Acreags Land Use/Zone _ .. De#ached-Sirt~e FamEIY.._.____ _._ _.. . ~ _~ _ __. ._.. ...- _ . .. .._._ _ _ .... - --____~_.__..... . ___ +~ 5,2~1€~ sf minimt~m 80 ciu 1 ~ ~ ~ ~ Law Density ~;esidential ; ~ ~.$ dU1r~, G ~ I ~Ot _ _._~.~...~ _......_.. ._._ ! 7 ~ ' .....__...._.~._.,__ ---___.......~.._..~~_....___-~ ..__........ .__~___ _ . 4 40{l sf min~mum ~.._..._...__. ~ 72 du ~ F ; Y ~-o`N Densit Residential ~ , lot d.8 duiac __...._ _ _ . ; ____........._.~ _ ....__ __._._.~ _ _ _~_._______ __ . _ • 4-uni# Clusters _._ _ ... ... .. __ 111 du ___. 2 _ _ 6.9 c1~a;~a~ ____e 15.4 ; __~_~ _._, Med~um Density Residentiai _......_...._ _ - + Sn~all LottAlley ~_.._..~.. `~~ d~ _~ ___----~....~____µ. 3 ~_~ r~~~~c 11.1 ~ ~~dium Density Residential Loa~~d ~ ~ __ _~._........--- ~_ .,~___._ Sub#otal _ C 45T du _._...... _._ _. _.__. . _ _._ ~ ~ _.._ .__.__.__._ __ ---~__..._...__ __ ._.~ ____ ~ __ _.~ _~..._~.. A#tached - Multi-Family 8~ _ Mixed Use ~ _ _.___........._ _ ____ __ ~_ __.~ « 3-s#c~ Tnwnhames ~' _.__ _ __ ~ _ _. _ 126 d~i . _ .~..._.._____..__ 4 ___._. _ . { 1~,1 du~ac ; 9.3 Medium High Density ~ ; _~ ~... ~. E F2esider~#i~l . . na.w~ _~n_ • 3-story Towns ~...._......._.. -i I ~.~__.... ' i 5 6 Mediurn High density ~ wtFlat 92 du ; 5 14.1 du!ac , Residential Live-wark O t~ons) ~ ~.~_, p _....._.._.._~.. .._ ~ ? ~ __~_..._.~ --.~ _ .~...__.~ - 3 ' ---~_.........__ _ _. __......_._...__. • 3-story Towns ; ~ w/Flat k O ti L 91 d~.~ ~ fi ~ 15.9 dulac 6 6 NeighborhoodNillage Commercial ons ~ve-wor ~_.._.._._____._.~...._..__.._ ~ ..... • Loft over Retail ...............__._.~_____. 14 du __ _. 6 __ ____ 15.9 du?ac . ~ {Mixec4 Use) Commercial) ...._~._,.,........_,,.._....__._ ~___ _._ .._....~_.~ - .-.-___~..~.._,_.._....__._, _____._~..~_ Y__.___.__...____........._. E suatfl~~i ___._. _.__ 32~ a~, _._....._. .__._ ~_._..._ - ....~.....__. -_ ..._ , ~ --_ ___ __.._ E i 7'otat 780 du , 8.21 duJac . 95 Neighbc~rhvod 1: Neighbt~rhood 1 is located nc~rtMeast af the open space corridc~r and the neighbflrhoad park. This n~ighborho~d includes detached single family homes. Traffic cir~ula#ion connects through tca the Cantara neighbarht~ad af the Positan~a project to the north. Neighbarhoc~d 2: Neighborhoc~d 2 is located along sc~~athwesterly side of the open space corridar. These lots are arranged in clusters flf 4 hames with vehicular access fram a shar~d private driveway {side-loaded}, The Clusters are arranged with abutting rear yards with adjacent lots ta maximize #he distance or setbacks between building area. Side-Ic~at~ed units abutting common space or open space have pedestri~n access ta a series of paseos. Neighborhaod 3; Neighborhood 3 includes a{ley-loaded home~ situated ar'c~und common private open space area. The homes in this neighborhflod are arranged to face a series of common landscaped areas while taking garage access fram an alley (rear-loaded}. To maximize privata yard area between the units, a~ljacent properties are granted an easement extending within the sideyard set back to the wall of the adjacent struc#ure. Neighborhaod ~4. Each of The 126 3-story townhc~uses is located within on~ c~f 24 buildings. A common area greenbelt runs thrc~ugh the center af t~eighborhaod 4, Buildings face either ontb a common landscaped area c~r a public street. Neighborhoa€~ 5: 19 3-story buildings (Buildings ~9 through 44). Nei~hbarhood 6. hleighborhood 6 is the 6.6-acre Mixed Use camponent along the south side af Central Parkway surrounding the Neighbanc~~r~d Squ~re. The M~dium High Density Residential use is int~r~deci ta liven the neighborhood center and provide retail use or loca! seruices. The are~ is planned far 91 units within 15 3-story buiidings {Buildings 45 thraugh 58) in the sam~ ct~nfiguration as those in Neighbc~rhaod 5. Buildings 59 and 60 would be built as 2 3-s#ory buildings. Pa~e 5 t~I`2~l ~~~ ~~~ Archi~ecturai St les ' ' Y Jordan Ranch is designed to reflect a time when simp{e farmhouses, cottages, and barns were the predominant structures among the rolling hillsides. Th~ design intent is to create a community that touches upon the history of the site. T~ accamplish this go~l, a palette of rural architeckural styles havs been proposed including: A) Farmhouse, B) Cottage, C) Shingle, D} Folk Victorian, E) Italianate, F), Calanial, and G) Rural Contemporary. Architectural s#yles throughaut the neighborhoods c~f Jc~rdan Ranch shall be guided by the follawing features: • Architecture shall be simple in massing and form and pravide visual interest. • Architectural ~lements and materials shall be mixed and m~tch~d among elevation styles to provida v~~-iety. • Color palettes shall be bc~ld and appropriate to the style The following is a description of the praposeci architectural stytes. {Aj Farmhouse - This ~#yle is u~ed in all k~ut I~eighb~rht~od 6 an~ is distinctly different in its use between the single family detached units and the multi-fiamily attached units. Roof forms are stee~ pitched gables with she~ raof lifts and metal accents, including metal gutters. The Farmhouse style includes many af the wood theme architectural elements for ,Jordan Ranch such as baard and batt siding, narrow 1ap siding, ve~tica( bead board, and ~rick and stone accents, Gable ends may be embellished with angled wood barge rafter, board and bat#, or lap siding. Windows are vertical and may have detail shutters ar be suppartacf by wooden corhels. Porch column may be a double woc~dEn post or sq~aare woad cc~lUmn supported on a stone base. Upper balcony r~i(ing may be wood past or met~l. (B) ~'attage - The Cottage style incorporates square or re~tan~ular forms using gable roaf or modified hip covering a gable end, Roofs are accented with dormer sequences and exposed rafters. ~~ble ends may be embellished false vents. Exterior finishes use stucco with skone veneer accents t~r narrc~w lap siding, Qn some plans, board and batt accents are useti an upper I~vels. Square ~vaad~n ~olumns suppa~t porches, and windows are heavy framed. Bay windt~ws may be supported with a vertical bead board base. tC) Shingle - As its name implies, the featured exteriar material of this s#y!e is a waoden shingle. This style uses a gable raof form with hip or shed accents. Aiternative exteriar material inc[udes narrow Eap siding as a variation. Diamond shingles may be used ~o embellish the c~a~le ends, ant~ dQrmers may be ~rched or rounded. Exteriars may incorporate a round or c~val accent windc~w. This style offers the mos# variety in porch enclosures, railings and columns including iow stane wa11 with brick trim or w~od railin~s with crossed pickets. Porch columns are shown as round and classic, or square and wooden. Bay windows may be framed by wc~oden box or accen#ed by eorbelled pot shelves. {D)Foik Victoriart - The fcalk Victc~ri~n uses a gable rt~of form with hip or shad accents, and dormer windows. Exterior material is intended to feature wafld thrQUgh hnrizontal lap siding, axposed wooden barge board rafters, heavy fram~d winclows and doors, wood Pa~e fi c~f 20 ~ii ~~~- box bay windows, and woad pan~led shut#ers. Porches are suppc~rted by round fiberglass columns or panei coiumns. Wooden railings with crossed pickets may be used on the upper decks. Other enhancements include louvered gable ~nc~ vents, louvered shutters, and round accent windows. (E) ttalianate - This style uses a hip roof with finished eaves anci metal gutters. Exterior finishes ineiude s#ucco and wide lap si~ling. A~I other elements are vertical in the form of vertical doors and windows with he~vy trim and carbels; waod porch railings with vertical pickets; and classical, round fiberglass porch columns. alI decorative chimneys are brick clad with a me#al cap. (F) Co/onia! -This style is used only for the clust~r arrd alley-Iaaded products in Neighborhoo~s 2 and 3. It f~~tures a gable roaf with shed racaf lifts, finished eaves, and dormer sequences. Windows have mullions in the tc~p porkion of the panes and may be supported by a woc~den box base. Exterior materials include wide lap siding, and porches are supported by d~al round posts with a decarative crc~ssed detail. (G) Rural Contempor~ry - This style is used in all three neighborhoods of multi-family s#ructures. The roof pitch of the gables appears fower and more contemparary than the traditional styles, ~nd the windaw pattern is more modern. It utilizes separate base ~lements for the ground floor in order to emphasize non residential elements. in additian to siding aecents ar~d different cc~l~ar sGhemes ~pplied to various face planes, this style uses the most stucco on the exterior than the other styles. Up{~er levels maybe accented with ve~tical siding and decc~rative deck or balcony railings. The following table illustrates the architectural styles used far each neighborhood: Table 2: Archi#ectural Styles Detached Single Family Residential Attached _ _.._.__.. . ~.........._ Neighborhond 1 ~ ~..~_~-~~._~. Neighborhoad 2 ~ Neighborhood 3 ... . ~~~~~~arhood 4& Nei hborhaod 5 Neighbarhood 6 204 sf min. 5 ~lus#ers Sma11 Lot 3-Story Townhauses (and 3-Story Townhauses wl~iat & , lAlley Loaded . w/~latj . Loft abave Re#ail _........____ {A) F~rmho~se __.._ (A) ~armt7ouse _~.. ~._~__ __~ (A} ~armhou~e _.._...~,._ (A) ~armhouse ~___~_.~ . V m ._ ______. ~ {G) Rural Cont~mpor~ry ~ (B) Cottage .- (B) Cottage ___.._ (B) Coktage , (G) Rural Contempora~y ~ ~ __~_.__ (C} Shing-e ~_~_........,~ (C} Shingle _ {C} Shingls . ~ _ ~ ._.~. __...~ (C?} Folk Victorian _.. _.~ (E) ltalianate ~ _ _ _ __. ._._ ~ _ . _., __._ _ tD) Fc~lk Victarian -._~ _.___. ......._... ... ....._._. _.__~. ~_...__. _.__ 4,fl~I0 sf min. (F) Coloni~l (E) It~lianate ___ all af the above + ~ (F} Cal~ni~l __~.._~ (E} Ita(ianate ~~~ ~ ~ ~'age 7 o~f 2t7 qa ~~~~ Development RegulatianslStanc~ards Lot Size - Minimum fot sizes for sach of the neighborhoads are shown in the Develapment Standard tables and discussed under the descriptian of the neighborhaads, below. In most cases a larger minimum lot siz~ is provided for corner lots. Coverage - Caverage standards are consi~tent with the standards adopted with the Stage 1 Planned Development Rezone for the Fallon Village Prt~ject Area. Th~: maximum lot coverage ranges from 45% to 55°l0. Cluster homes in Neighborhaad 2 and the Smali-Lot Alley-Lc~aded homes in Neighborhood 3 are allowed 5~~/o coverage. Coverage for multi-#amily units is cantrolled by setback and compliance with on-site op~n space and ~arking. Building Heights - Single Famiiy t~om~s are limited to 3~ #eet in heigh#. Third stt~ry rooms are aliowed, but must be tucked b~low ~he raof line in attic space with roof dormers or gable end windows to provide verttilatian and light. Multi-family buildings shall be limited to three {3} s#aries and fc~rty (40) feet ir~ height. Mixed Use buildings shall be fimited to three (3} stories and forty-five (45) feet in hei~ht. Porches and Decks - Pc~rcY~es and decks are significant elements in reducing the appearance of building mass and providing private exterior space. Porches ~nd decks are significant architectural features tt~ canvey a ane-story element used to reduce building mass with its interface ta the streetscape. Therefore, the f~llowing standards are applicable to parches and decks: . A minimum of 40°/a c~f the singl~ family homes must have porches. • Porches and decks shall be designed to reflect tFae apprapriate scal~ and detail for the archite~tural style they are assaciated with. • Porches shall be a minirr~um af four {4) fe~;t in depth so that they are usable to the homeowner. Porches or decks covered by overhead ~uilding area are considered in the calculation as lot coverag~. Private Upen SpacelY~rd Ar~a - Private apen space is required for residential produc#s. The Develapment Regulatic~r~s est~blish the minimum area and dimensions for that space. All detached uni#s have a private yard area. For multi-famiEq units, private open space may be satisfied by patios, balcc~nies, or decks. Private apen space requirements are shown in Tabie 3, befow. Tabie 3: Private Yard Area __....,._ _ ~.a . -----__ Nei hborhood # and T~ Minimum SF Minirnum ~imension __ ~.. ~...~.. _._ . _ _._-___-~ 1- Single-~'amily pe#ached 5fJ0 sf - level ground area ~.~ ~ 10 feet ._. _......~_ .~. _. _--~ 2- Clusters - De#~ch~d"` 4~D sf - level raund area 1$ feet, q ____. ~.__~............. 3- Small-LotlAlley-Loaded 400 sf - IeveE ground area 18 feet ; - Detached"' ~ ~.. __.~......_ ..~. v_~___.._... ~ _~.....~,. ~. _ _.____....._... --~ " Medium Densify Residential Per Stage 1 Dev~lopment Standards for single #amily det~ched subdivisians in the Medium Density Residential zane, a minimum of 50% r~f the hc~rnes must have an exclusive private yard ~rea at a minimum of 400 square feet. The remaining 50°!p may share that arnount as an all~cation of cammt~n ~rea. This ex~lusiv~ private y~rd requirement is satisfied by the 111 units {54°l0) in Neighborhood 2 (Clusters). ~'a~e 4 of' 20 ~~ ~~ l.~~ I The 94 units (46%} within Neighborhaod 3(Smail-LotlAlley-LQaded) are configured with a sideyard easement as discussed in the Site Develapment review section belc~w which allows the dimensions of the private yard area ta be maximized. The result is that private yard areas are provided which is difficult to accc~mplish on land designatec4 far Medium Density land uses. Neighbarhood 3 has al~o been designed with active and passive common areas to satisfy that requirement. Parking - The project parking standard adopted with the Fallon Viilage Project area is based an the City's Zoning Ordinance: Table 4: R~+~uired Parkir~g {f~~r Chapter 8,76 City af Qubiin Z4ning Ordinance} _......___. ~~__._. Parkin~ - per unit: , _.._. _..__._ Parkin~r _ ._. -.~ ~ -- _ Guest Rarking _ __._ ___ _._. Sir~~le family unit _ r._.....w... . _._ ~ ._ ~ cowered spac~s ~ 1 s~ace rraay be r~n str~~t ( Mult~-family tawnhQUSe or 2 covered spaces 0.5 spaces {may be an Lcondominium unit street ~ Each unit is provided with a minimum of two covered spaces. Guest parking spaces are primarily pr~avided: 1) curbside along the ~ubiic streets; vr 2) within common area such ,as alley ways, matorcou~#s, and private streets. Guest parking on public streets or in comman ar~as would not b~ assignable. The parking space figures in th~ follc~wing table reflect the plans submitted vvith the applicatian. Table 5: Parking for Jor~lan R~nch by Neighborhaod Neighborhoad Uni#s R+~quired Spaces Pravided Spaces in le Family ~~. _ _ Cz~ve~ed Guest ; ; 1 _..._ . _ ~ ~ Thtal Req'd ~~ ' Cc,verpd for Uniis ___._...._.. _ on-street {public) Guest ..e.. b~...~_w~_~~ r~n NaA {private ~ street) ` __~._.. Total Gu~~t uest! Unit ota1 Nei hbofiood 1 252 5Q4 252 ~ 756 _ 504 ___ 442 __.. _ . _ _ _ __ 0 ; 442 1.75 ~ _ ~ 94S ____ _.~_ Neighborhood 2__ _~. _. ___ 11 ~! ._. . _ 222 i 11 ~ 333 ___. ~2~ "12t3 __. {7 128 ~.__.__ 1 15 __ 350 -.........._.__ Neigt~borhood 3 94 188 J4 ' 282 188 80 5D 130 ... 1.38 _. 318 --... . MuMti-Famil Y ....~ Nei~hborhoad 4_ 126 _ _~. 252 ~ ~ _ ~ b3 315 ~~ _-- --~- ..._ - 252 ~.. 97 29 126 ~ _. ~. 1.00 _ 37$ Nei hbOrhood 5 ~ ~2 18d - 46 230 1$4 __ ~7__ _ ~ 57 94 _. i.02 _._._ 278 _ . Nei hborhood ~i _..~ 10~ _._ . __ _ ~ . 210 _ . 53 ; 263 ~ 210 99 34 ~ 133 _ 1~27 343 __... TOTAL 780 __ ~ '1,560 _ _ 619 _ 2,179 ~ 1,560 ~ 883 17U 1,053 1.35 2,6i3 Nofes: (1) Covered Spaces provided include apprc~ximately 30 tandem spaces for stacked flats and walk-up tawn houses in iVeighborhoc~d 6 and approximately 31 tandem spaces in Neighbc~rhood 6. {2} The guest parking requirements fnr Neighborhoods 4, 5 and 6 is 0.5 stalls per unit. Guest parking is g~eater than twice the requirement. (3) 1,fl53 guest parking spaces for 78fl u~iis = 1.35 guest stalls per unit for the praject. {4) Parking requirement does not include parking requireti for grouncl flpor retail space which could amount to an additional 40 parking spaces to serv~ the comrnercial uses in Neighborhood 6. However, sufficisnt excess guest parking would satisfy tha# requirement. Traffic/Circulation - The Jord~n Ranch project would be served by three primary roadways - Central Parkway, Fallon Road, and Positano Parkway. From those entry points, traffic is directed onto one of 17 new residential collector streets. P~~ge {) c~ f 20 ~~~ ~ , ~~ ~ ~ Streetsca~~ - The stree#scape theme includes street sections; righ#-of-way configuration and treatments; skreet tree and setback plantings; all forms of entry monumen#s; the hierarchy of fiences; speciafiz~d hardscape ~nd p~vir~g; and stree# furniture. Additi~nal landscape designs include: plantings for typical priuate yard areas, common area landscaping, linear parks, and open space corridor trails all consistent with previt~us Stage 1 PD approvals. The Planning Commissic~n Resolutian recommenc~ing appraval t~f the draft Ordinance ~ is included as Attachment 1 wi#h ~he draft Ordinance included as Exhibit A to Attachment 1. S1TE QEVELC?PMENT REVIEW The Site Development Reuiew plans and mat~riaEs are included as Exhibit A and B to Attachment 2~Je~rdan Ranch - Stage 2 Submittal • Site Lev~lr~pment Review and Planned Unit Development Tract 8024 Jnrdan Ranch}. Architectural ThemelQesiqn Goncept - While the design car~c~pts are traditional or cantemparary interpretations as detailed, afl styles aee intenderi tn reflect the simple farmhouse and cottage theme of the community as a whole. The simplicity of the structures is the key element for invaking this theme. This architecturai style does nat have much arnamentation, but would rely on form and materials. Pitch breaks, dormers, lifts, and drapped plates enhance the simplicity of #he massEng and are features common to the s#yle. Afl floor plans for the single family detached homes are twa-stories, Each home wauld be a~ticulated so that the massing of the streetscape has variety and interest. As part of the SDR, t~is enhanceme~t is applicable to all frc~nt elevations as well as street-facing side alev~tions, c~rner lots, rear el~vations that back onto open space c~r public streets, and in ather high visi~ility Ic~cations. Neighborhac~ds - The following is a description nf the ht~using prc~ducts and architectural styles currently proposed far each neighborhood in Jordan R~nch. A tota! of 28 flaar plans are available within th~: six neighborhoads c~f Jordan Ranch with aptions or variations on some plans. Table 6 below is a summary of fl~flr plans. Neighborhood '1 ~.ats 1 thraucth $~ (5,20Q sf minimum lot size~ ~Ic~or Rlan~: 3 Pians Architectural Styles: (A~ Farmhause, {B) Cattage, (C) Shingle &(Dj Foik Victorian All #hree plans offer rear iiving roam, front quarters for c~ffice or bedroc~m, and ground floor flex space accessible from the garage for stc~rag~, #andem parking, or additic~nal living space. Plan 3 is the largest at 3,374 square feet, and Plan ~ is the smalfest. For homes on both size lots, #he difference fram the largest plan ta tE~e small~st is less than 400 square feet. (See Exhibit A to Attachment 2, 5,2~C~ SF tab) ~ots 81 throuqh 252 (4,000 sf minimum 1ot size) Fl~or Plans: ~ Pians Architectura! Styies: {A) Farmhouse, (B) Cottage, (C} ShingJe, (D} Folk Victorian &(E) Itaiian~te C?f the five floor plans for this subdivisian, Plan ~ is the largest at 2,575 s~uare feet, All hav~ 3 bedrooms, and a!I but Plan 1 are confi~ured with rear living areas. A difference af less than ~50 Page 10 of 2E) ~5~~~~ square f~et separates the smallest from the largest (See Exhibit A ta Attachment 2, 4,200 SF tab). The features far each siyle are described above. One commc~n eiement for all of the units in Neighborhood 1 is a front loaded garage. Strategies to enhance the design and minimize the impact are to recess garag~s anci provid~ stylized carriage dc~ors. Neighborhaod 2: Ftoor Plar~s: 4 Plans Architectural Styles: (A} F~rmhouse, (B} Gotfiage, {C) ~hingle, {E) Italianate &{~) Colonia! For all four plans, bedrooms are Eacated on the secon~ floar. The cluster arrangement allows buildings to be placed on fihe perimeter of each grc~up of 4 so that yard areas abut each other away #ram the living space. With the g~rage access frc~m a private driveway, these units emphasize the front porch. Two- s#ory coverage is confined to the area above the first floor living space. There is no propased two-story efement over the g~rage; there#ore, where units are closest to each other the single story ~lement ofi each garage is adjacent to each o#her. This allaws aciditional visual separation and significant additional light and air between lots. Plans 1, 2, and 3 feature a decc~rative brick chimney. (See Exhibit A tt~ Atta~hment 2, Clus#ers tab) lVeighborhaod 3: ~loor Plans: 4 Plans Architecfiural Styles: tA) Farmhouse, (B) Cottage, {C) ~hingle, (Q) ~t~lk Victorian, (E) Italianate & (F) Gcalonial Other than the lafts in the Mixed Use structures in Neighborhood 6, the homes in Neighborhood 3 generally are the smallest af the n~ighborhood's detached units. Pians 1 and 2 have 3 bedraoms, and P[ans 3 and 4 have 4 bedroams. (See Exhibit A to Attachment 2, Small Lot Alley tab) Because these hames are aliey-loaded, ~[I front elevatians praminently f~ature front porches. Alley-facing elevatic~ns are fully treated architecturally #~ar the fuli two stories, However, garage doors ar~ simple. Elevatic~ns on the shared wall provide no gr~und flc~or windows for maximum privacy, but do have small higher windows on the second Mevei. Plans 2, 3& 4 feature a decorative brick chimney. Side yards rang~ in size depending on units placed adjacent to each other. The minimum dimens+an is 10 feet. Neighborhood 4: Floor Plans: 3 Plans within 4-plex, 5-plex ar 6-plex k~uildings, and end unit aptiQns fa~ Plan 3 Architectura! Style: (A} FarmhQUSS &(G) Rur~! Gr~n#emporary ~f #he 3 floor plans, Plans ~~nd 2 are interior units, and Plan 3{the end unit) has an "a" or "b" option. Access to 2-spac~, tuck-under garages is taken frorn a system of private driueways with one bedroom and bathroom at the grc~und level. The living rflom and one bedroom r~r den is on the second level with the ma~ter bedroom and the fourth bedre~om (depending an the plan) l+acated on the third floflr. Afl units are waik-up unless specific uni#s are designed to accommodate handicapped access, All units face either a common area or a public street (See Exhibit A#o At#achment 2, 3 Stary Towns, tab). f'a~e l l a#' Za q~ ~~l ~ Neighborhood ~: Floor Ptans; 6 Plans (inciudin~ ~ive-work options, walk-ups, and stacked flats) within 4-plex, 5- plex or 6-plex buildings Architectural Style; (A) Farmhouse &(G~ Rura( Cont~rr~porary Six plans are designed as 3-story townh~uses with a ground floor Live-Work op#ian (with ground floor separate entry and bathraom), second and third story walks-ups, and stacked flats on the upper levels. Like Neighborhoc~d 4, the buildings in Neighborhood 5 a~e arranged as a 4-plex, 5-plex or 6-plex and have ground-level, tuck-under, 2-car garages. Some u~per level interior units are served by a tandem space garage. Access to the garages would be from a system of priva#e driveways. As with ~leighborh~od 4, buildings face either onto a common landscaped area or a public street. {See Exhibit A to At#achment ~, 3 Story Towns/Flats, tab} N~ighborhQC~d ~i: Flaor Plans: 6 Plans {including Liv~-work options, walk~ups, and stacked flats) within 4-plex, 5-plex ar 6-plex buildings + 2 Plans for Lafts with Live-Wc~rk options Architectural Style: ~G) Rur~l Cr~ntemporary The area is planned for 105 units within 15 3-story buildings. At the intersectian ofi the Central Parkway and Neighborhood Square, two buildings, each facing the Neighborhflod Square in opposing directions, h~v~ 5,000 square feet ta 6,O~fl square feet of ground fioor commercial far a totai of 10,000 to 92,000 square fieet. The second an~ third fla~rs of each building toge#her wouid accommodate 14 r~sidential lofts in one af #wo flaor Plans {Ses Exhibit A to Attachment 2, Mixed Use/~af#s, tab). Table 6: Flc~~r Plans - U~ti# Summa b Nei Mborhoad Living Space ; sf} Garage (sf~ Porch Deck Govered _ De~k Uncovered Bedrooms Baihs ~ptions No. ot Units ~ Neighborhood 1 m_. _____~ .. __ ___ .....--- __~..._ ~ ~ ..~.. .. __~.__~.._ _.._.. 5,~00 sf ~.ots ~ _ ....... ~ ._.._ ~ -___ .~ _._. ~ __...._._. ~ _.._..._._ Plan 1 2.994 W_..._._ 6 i~ ~ _~_.... e_.. 45-22$`~ Q 0 e.. ~b ~ 3t~ . _ 24 .... P1an2 . ._._ 3,141 _~_~ 620 ~~_ 31-168" ....... _ ~_ -_ U i ~_.___._ ,__ ~_ 4b 3.5b ...__ __.28 _ Plan 3. ~ _ _ _. . _ 3,374 2~ ~~-184*~__..~ _..~.. ~ ` ~....Q b .bb. ~ ..._- 28----- . ~. ~ _ ~ ; . Su f~total .~__ 80 _~.~.A. __ 4,DU0 s.f. Lots _~._a...~__ . ... __~__ _.._.o.~ . _. _.. ..._~..~__ ._ Plan 1 2,226 419 ... . '153-192'~ _ 0 _,__ 0 3b {4b o~t1 _. .. ..._ 2.5b ~ __ __. _ + loft' ~ . . 34 Plan 2 2,271 437 38-137*'" ~ 0___ 3b ~b o t 3b „ + den' ~ - __-._ 34 , - Plan 3 ___ ._. 2,359 430 M '~S4 ~ 0 0 3b {4b opt~ _ 3b ____.._...._ + den' 3~_y . P1an 4 _ _ 2,492 ~ ___ 437 , 31-1 `L6'*___t _ 0 . 0 ~ s _ 3b {5b opt) ~,._3b + loft and den` 35 __ Plan 5 2,57,5 d2t7 _ , 922-221*' ' W 0 0 3~ (5b oP,t) i 3b _ + lofi and _. den" 35 . _, ; Subtotal 172 Nei~hbo~ hoad 2 .... . j _ w.__ r ._ __ 4 Uni# Clust~r _ _~ . _._.. __ ._~ ~ Plan 1 ~__.._ 1,595 _.__ ~l~~J _ 17$ _n a.,_._._ 0 _. _._...._~ 3b 2u5b _ ~ 27 -.~d__._ Plan 2 _..._w 1,718 __ 441 ~ 104 __ Q _.~ ~ ~b _.._.2.5b ~ ~. 28 Plan 3. . ~>958 _ ` 431 19-121" _ __.4 ~ 0 Ab ~.. 2.bb_._.., ~'8.__s Plan4 2,111 ~66 62-152" 4 d _ 4b _ _.._. 3.5b _~.__- ._?8 ~ . ._....._. ____.._.._ _ 111 ' Ner~hborhood 3 .. Smail ~.ot Al~e ~ ._.~._ _... .~ . .. ______ _ _.~,_ ..._ ... _ _.. ___. ..._ _ ~ Plan 1 ~~............_ 1.51t7 4~1 ._ 130 151* ,_...., {~ ~.... _ ~ .... .,.______~ 3b 2.5b . .._.._ 31 ~ Plan 2 1.647 451 174-37d"" D ., 0-374" 3b 2 5b ;__ v 15 ~. ~_. _ _ Pian 3 _ t,86~ __._- 489 21-169`} ~.._~~_. (} --- Ab __ 2.5b i 32~ ~a~e i2 of 20 ~~~~ ~ _ _ __ ~ ; _____. ~ E ~_ ____ ~ _ € _. plan Z ~ti~ 3rd ~ Plan ~ ~ ~31 451 '~ 172 374" _0 , _ . ~ 0-17`L~"` ~ - ____. 4b ; --.. _. 3 ~b ~ . flr ~f- ..~._.__ _ ~b .. _ ._, _ . ,~..,...~. ~ ~ _ ; . . __~. ~. ~ _ , < 5ubtotal 94 Nerghborhood 4 ..~_ ~____~__.._.......... _ _ _ _ ... _... ..... .. " --......._~ __. .. _._. 3 Stary Towns _..__ _... _..._ . _._._.._._ . - ._ ____ . .... __ .. __ . _ _____ i _ . _ ~~_ ..._.~~~ Plan 1 i 1,862 ~ ~ ~65 3CJ-50"* 4U .._.__ 57-65*` .~ am 3b + c~en _____....~._._ 3b 3 sto 36 - ...... em.. ~._ ~ __. 1 963 Pl~n 2 .~ 454 __._ . 34-130" 0 38-59` Ab 4b 3 S#Ory 42 ~ Plan 3a 2 105 _ . , Pian ~ib ~ 2 155 _ _ w ...~_~ 463 451 ~ .._. ...~~ 85 42-56~" .._ _..._._ 0 __..._.....~?.~.___ _ 107-1t~9'~ ..~~~~_ 107-109" _ _._. .. . 3b ._. _- __ 3t~ ~ _._ 3b - -- 3b ____ . 3 sto end ~ -~-- 3 st~ry Pnd ! ~ _~ 24 24 _.__. . . _ __.. ,~.. ~ _ Subtotal i 126 Nei hbarhood 5+ 6 f _~ ~~_ _..~ ' __.~.._, ~ -_._. ~~ _._..._ 3 Star Towns w/ Flats . . __.~_. _ _ _ _..... i ...__~ ....,.... _ ~ ~ _. rY 3 sto end ~ Plan 1 1,691 5$9 ~ 69-74"~ _ .. ~~..... $~._ .._ . _. .~_..~.?b,_ ~_2,5b.._ (tandem _ 9 ___-- _ Plan 2 _... _ 1,727 s. _ ~ 497 ~ W._k _. ~~1~6-~27'* r._....._ _ . _ ~ ~ ......._.~.__.~.---.-E 2Q7 242** '"--~----_.._......... 3b ... _ ,.._ 3b 2 sto_ry_end . 61 j 1 „flat" Pldn 3 1,$24 540 43-46" ~ ; . . 7b 2b ~+ d~:n ~__._~. 2b . tandem _,_61 _._~._ ~lan 4 1,781 474 104-146"` _...~.., . Q ' 164-171" 3b _ ~. e.v __ 3b _.. _ 3 st6 __..~.._ 17 Pl~n 5 1,9fif3 __._. __ 47~ _._ 70~ ~ _164-171"` 3b + den _~ _....._ 3 5b _._ .. , . 3 sto _ 26 ~. Pian 6 _ 1.962 __ __ 478 __ __.... 75 _~.. _.__ 0 u 75 ._ ....~ ., . 3b ~_.~_........ ____ 3.5b 3 story end _. .._...__.__~....... ___ __:_..,_.,_ ~..~ ~. ~.. _ . . Subtatal 183 Lafts l Ftetail Units . _._~_. _._ _. _. ______ _ _ Plan 1 1,320 `~66 _..._._. d 0 _._ 472-481" 2b 2b ._..... ~d __.; __ _._.~ Plan 2 1,d5~ d60 _ .. __ _ Q ._ ~ 0 ~ _ 515 ~ . _.~. 2b _ 2b _ _ end urnt 1 4 ~ _ _ _.__. ,.... ; ._.-. . ___ ... .. __ ._ . ~.~---- ~ F _. Sut~iotal __ _ , ~- 14 ' _ ,,~-___~ ~ - _ _. __..__...._.~ _ ----__ ~, _..~. L ~ _ i TataL 780 I Plottin~ - The Applicant has provided a"fit list"` related to each ic~t for the cfetached units in Neighborhoods 1, 2& 3. F2ather than plot a designated fioar pian for each lot, the lists identify how each flaor plan for those neighborhoods compiy with coverage requir~ments on any lot. The purpose af allowinc~ this fiexibility enhances sales and marketing, and the ability to plot any house on any lot will add a more distinc#iu~ lac~k to the neighb~rhood and eliminate the repetitious Ic~ok of many subdivisians. To maintain sufficient diversity alang fhe street scene, #his pravision would b~ ~Ilawed within the parameters listed belaw. As individual plot plans are submitted for each phase of development, the Applicant also shall provide a mas#er pEr~tting plan for the previous phases ta ensure compliance with the followinq: - Any singCe floor plan may no# exceeci 40% of the subdivision. - Individuat floor plans may be plaeed next to eaeh other. Hawever, only two of the same individual floor plans may be plotted next to each other v+.rithaut being interrupted by a different floor plan. - If #wo af the same individual floor pf~ns are plotted next to each other, the same individua! floar plan may not be plotted acrc~ss the street from the two. - In no case will th~ same architectural elevatit~n or cc~l~r scheme be allawed next to or across the street frc~m each other, unless th~y are a different individual floor plan. GANDSCAPE ARCHITECTURE L.andscaping/Landscape Ptan & Concept, Upen Space & Plant Ma#erials A conceptual landscape plan has been s~abmitted_ These plans include a palette of pMant materials. They also address materials and planting plans withEn entries, streetscapes, setba~cks, and cammc~n areas. They also are c~nsistent with the Lands~ape 8~ Open Space F'~~e 13 of 20 r~~ ~ ~~l ~ Guidelinss/Standards of the Stage 'I Planned Development Rezone for the Failan Villag~ Project area. The pi~nt palette emphasizes the rural farmhc~use town theme and emphasizes the use of drought talerant native and non-native plants. AlI shrubs and groundcover have been selected for compatibili#y with the use of recycled w~ter for irrigation. ~andscapeJStreetscape The Landscape plans submitted as part of the Site Development Review includes typical pians fnr planting and hardscape ma#erials for each residenti~l r~eighbc~rhood, design and hierarchy of enfry monum~nts; fences; the pedestrian bridge; speci~Eized hardscape and paving; and street furniture (Exhibit A to Attachment 2, Typical Landscape T`ab). Addi#ional landscape designs include: plantin~s far typical priv~#e yard ~r~as; common area design; a concept of landscape materials, hardscape, and facilitie~ far active and passive recreatir~nal use; linear parks; and open space corridor trails. Entries A hierarchical system c~f manuments within the setback areas has been designed for the entry points of Jordan Ranch ta iden#ify and introduce the community image and enhance the architectural theme (Exhibit A to Attachment 2, Community Entries Tab). The monuments would be constructed as an entry gateway ar stone clad mc~nc~lith with logo and cap. The designs reflect the ranch character while complementing the existing entry at the adjacent Pasitano project tc~ the north. The Primary Gateway Entry would b~ an illuminateci ranch roof s#r~cture, 18 feet high, t~n a law s#ane-ciad base. Second~ry gatev,ray entries are illuminated beam s#ructures, 12 feet high on a narrower stone-clad base. Mt~noliths wauld range in height from 15+ feet to 4+ feet with th~ lesser manuments identifying nei~hbarhaod bc~undaries. Central Pa~kway would be improved with a 15-foo# to~ 6-foot wide landscaped median consistent with the d~sign of existing improvements to t~re west. Cammon Areas Neighborhoods 2, 3, 4, 5& 6 a[I have common landscaped areas. Schematic plans have been provided that sF~aw landscape materials, plant~rs, sidewalks, paseos/cannectians, linear parks, and active and passive recreation facilities. These recreation faciiities would include multi- purpase iawn are~s. Given the small lat configuration, Neighbonc~~od 3 pr~vid~s mc~st of its open space through common area. !n addition to the lawn areas, facilities include a tot lot and picnic ar~a. The open space corridor and trail system also serves as recreational area. Walls & Fences A hierarchy of watls and fences has been submit#ed with the developmen# plans (Exhibit A to Attachrnent 2, Secti~n L2, Fencing tab). The pfan identifies the location and style of all fences ~nd walls along all stre~ts and betw~en proper~ies. Street Furniture The plans submitted alsa include exarnples of ~#reet furnitur~ iterns which wauld be insta[led as part of the impravement plans in pubCic or common access areas. Typical items are shown on pages L7.2 and L7.3 of the rivetec! book {Exhibit A to Attachmen# 2). Pa~~e l 4 of 2(J :~~ ~~ ~~~ ~ (~ther Site ~euelapm~nt Revi~w Itert~s Traffic/Circulation - Ail streets within the proje~t will be public streets and ali alleys wiii be private. Corridors Trails & Pedestrian Circulation - The praject has been designed to accommodate pedest~ian usage. A significant feature of this Prc~ject is trail system along the open space corridor which includes a bridg~ conne~cting the Neigl~b~rhood Park adjacent to Neighborhaod ~ along the northwest side of the corridc~r tc~ the Medium C7ensity Residen#ial, Medium High Density Residential, Mixed Use, and Neighbonc~~od Sc~uare Village area to the southeast. The trail runs along both sides of the open space cnrridor with a pedestrian bridge crossing the natural drainage way and cannecting Neighborhoads 1 and 2. Public Ark - The praposeci project is subject to ~pplicable provisions of Section 8.58 of #he City of Dublin Zoning C}rdinance which estabfishes requirements for installation by the project developer for public a~t on the project Site, This requirement also is stated as a Condition of Approval fflr the Site C7~velopment Review. Stormwater Management - An '11.1-acre parcel at the sou#heast comer nf FaNon FZoad and Central Parkway wauld be used as a water quality basin in compl~ance with current water quality standards. This par~~l is within the open space corridor. TENTATIVE TRACT MAPS - At this time a Master Vestir~g Tent~tive Map {Tract 8fl24) is being requested it~r Jordan Ranch. The Master Vesting Tentative Map callectively inc{udes each of the units within each of the nei~hbnrhoods. Master Vesting Tent~tive Ma~ 80~4 creates 252 Iots with a minimum sizes of 4,~00 and 5,000 square feet for single family de#ached homes ~Neighbarhood 1), 111 lots fior detached cluster units with a minim~m lot size of 3,~t?0 square feet {~l~ighbonc~~od 2), 94 lots for detached alley loaded units with a minimum Int sr'~e of 2,900 squ~re feet {Neighborhood 3), several large lots for 218 tawnhouse units {condc~minium, Neighbt~rhood ~}, several iarge lots for 10~ condominium units {townhouses and flats} and up to 12,000 square feet af retail commercial uses (neighborhoods 5 and 6), 3 parks, ~ site for semi-public us~s, 1 elementa~r school site and various apen space lats. All Medium Nigh Density F~esidential uni#s in Ne~ghbc~rhoods 4 and 5 and Mixed Use units in Neighborhoad 6 are m~pp~d as candominiums. No future sut~division is needed, Ownership and Nlaintenance R+espansibilities of Landscaped and Upen Space Areas A Homeowners Assaciaticrn (H{~A) will be cre~t~d for prop~rties within the project as pari of the Covenants, Conditi~ns ar~d Restricti~ns {CC&Rs~. The recarded ~C&Rs will es#ablish easements and other access righ#s necessary for the HQA to fulfill its responsibilities for maintenance and upkeep af comman or abutting public areas. Respnnsibilities are proposed as foliaws: Pa~e l 5 af 20 ~~,~~~ Table 10: ~andscaped and Upen Spa~e Area pwnership and Maintenance Respansibilities __.__ _.___.W..~. _.~_ ~_._ ~lem~nt _..~.n~ ~...~.___~~ --- 4r~++n _ ~_....__......~..____.. ~ Maantain __._. _. _ _ ~ PavemenULandsca~e Ar~as in Privat~ Streets, NUA HC7A Driveways, and Alleys ~ ~ ~~ Subdivision/Gammunity Landscaping with~n ~ F-IOA NOA neiyhborhood pedestrian areas ~..._ ~ ~oc~! Reside~ntial Streets __ .._ ~ ~.,.~. ._.........._._~_.. Git~~_._._._...~ ___...~._...~.___ _~ w_.___.__~ CitY._._... ~ i~ Landscaping and Medians in Coli~ctor Streets .~ Cit MOA _______......_. ; Right-of-Way L~ndscapinc~ & Sidewalks City HOA ! curb to ROW line) ~__m~____ , ~ Setback (andscaping and entry monurnents ; HOA HOA alon~Positana Parkway and Fallon Road _ i _ ~ _. Ncste: Refer to page 20 of 48 of Jorclan Ranch Planned Unit Development (Exhibit S to Attachment 1) A drafit Resalution with Conditions of Approval for th~ ~ite Devefopment Review and Vesting Tentative Map is included as Attachmen# 2 ta this Staff Ftepo~t. DEVELt}PMENT ACREEMENT - Projecfs within fhe East~rn Dublin Specific P(an {EDSP) require a Development Agreement betweer~ the Develc~per and the City. California Government Code §; 65864 et seq. and Chapter 8.56 a# the b~k~lin Municipal Code {hereafter "Chapfer 8.56"} authorize the City to enter inta an agreement for the development of reai property with ~ny persan having a legal ar equitable interes# in such property in order to c~btain certain commitments and establish certain development rights fo~ the prc~perty. The Development Agreement rnust be apprc~ved pric~r to recordation of the final Tract Ma~ and issuance of building p~rmits for th~ developrnent of the property. The Development Agreement provides security #o the developer that the City wiil not change its zoning and otl~~r laws applicable to the proj~ct for a period c~f 10 years and would terminate in 2020. The City also benefits fram entering into the develc~pment Agreement wi#h the proper#y owner. This dr~eument is a c~ntract that establishes c~bligations fc~r meeting the gaals of the EDSP and guarantees timing for construc#it~n of public infrastructure and facilities fc~r the project area. Additionally, it ensures that de~ications of prop~rty and easements are made, project phasing is fc~llowed, the appropriate fees are paid for the deveiapment, and any additional terms of the agreement are carried aut as develapment proceeds. The prc~posed Develapment Agreement alsa woufd be consister~t wsth #he preceding development agreements. In retum, the Developer agrees to camply witl~ the Cpnditions ofi Approval and, in sc~me cases, make commitments for which the Gity might othervuise have no authority to compel the Developers to perform. 5pecificaily, the Develc~pmen~ Agreemen# augments the Ci#y's standard development regulations; defEnes the precise financial responsibilities of the developer; ensures timely pr+~vision c~f adequate public facilities for each project; and prnvides terms for the Develo~er to advance funds fc~r specific facilities whieh have community or area-wide benefit or far reimbursement from future develQpment, as apprapriate. Since the Developmer~t Agreement runs with the land, the rights thereunder can be assigned. In exchange, the Developer has a~resd to provide c~rtain public benefits #o the ~ity. These incl~de a$5,t~~Q,OQO Gommuni#y Benefit Payment as part of the Project's affardable housing ~'a~e I (i af 20 1 ~ I ~,~~ ~ ~ progr~m. The C?evaloper wili also rnake payments to the City of up to :~1,000,000 in instaliments ov~r time if it rezanes the 2 acre Semi-Public Area for nc~n-pubiic us~s in the future. in aii other respec#s, the D~velopment Agre~ment is based on the standard Development Agreement adopted by the City Councii ft~r projects located within the EDSP. A Planning Comrnission Resolution recommending the City Council adopt ~n Ordinance approving the Develc~pment Agreement between the City af Dublin and BJP ROF Jordan Ranch LLC. is included as Attachment 3 with the draft Ordinanc~ a#tached as Exhibit A, and the Development Agreement attached as Exhi~iit B. CONCLUSIC~NS: The prt~posed project is consistent with the land us~ and Planned Develapment zoning approved with the Stage 1 Planned Develapmen# r~~ane #or the Fallon Village project area. The r~sidential densities proposed for each ofi the neighborhoods comply with the established standards of .9 to 6.0 units per acre for Low Density Residential, 6.1 to 14 units per acre for Medium density Residential, and ~4.1 to 25 units per acre for Medium High Density Residential. It also complies with the st~ndards for Neighborhoc~dNillage Commercial advpted with the Fallon Village Project area c~f integratinc~ residential and cc~mmercial uses at a village nade along Gentral P~rkw~y. The Stage 2 Develapment Plan es#ablishes deve{o~ment standards and architectural and landscape design guidelines. The Stage 2 Developrnent Plan incorporate minimum usable lot areas which were determined after the Stage 1 Developmer~t P1an was approved fior projects within the Msdium Density Land Use area for Jordan (~anch. The Stage 2 Development Plan prr~vides regufatary framewark for the fabric of #h~ community and designates m~terial and architectural styles as well as landscaped features to camply wi#h designs set out in the Fallon Village Stage ~ Develapment Plan as they wauld appiy to Jordan Ranch. For the Si#e Develapment Review, the propased deveiapment complies with the development standards/regulations adopted with the Stage 2 Planned Development. The design of the floor plans, elevatic~ns, and landscaping is consistent with tne adopted architectural and design concept of simple ranch living and is appropriate for #he topcagraphy and natural features af the project site. The site design and circulation plan are safe and efficient. The neighbarhood layaut and unit mix provide far adequate open space, recr~ation, and preservation of hillsides and habitat. Appropriate water quality measures wauld be installed. `T'he architec#ural elements are cansistent w'rth the concept and the pedestrian circulation system integrates a pedestrian pathway and trail sys#ern program emphasized in the Eastern Dublin Specific Plan. The Tentative Maps cc~mply with the propased Development Regulations and zoning. GEN~RAL PLAN AND ~PEC1F~1~ PLAh[ pESIGNATI4NS ANa G4N~ISTENCY: The proposed Jordan Ranch praject is consister~t with the General Plan and Eastern Dublin Specific Plan Land Use designations approved for the Fallon Village Project area {PA 04040). in addi#ion, the Jc~rdan Ranch prt~je~t cc~nforms to the Community Qesign and Sustainability El~ment of the General Plan by satisfying the follawing criteria: creating a pasitive regic~nal identity and a sen~e of a~rival through unigue manumentatian, signage, and landscaping; maintaining cc~ntinuity t~f the eircuf~tian system; and establishin~ lon~-term sustainability by creating a variety Qf housing #ypes and products. Pa;c 17 of 20 Ina . ~` r' REVIEW BY APPLICAB~E DEPARTMENT ANL? AGENCIES: The Building DivisiQn, Fire Prevention Bureau, Puk~lic Works Department, Dublin Police Services and Dublin S~n Ramon Services District reviewed the project an~ provided Conditions of Approval where apprqpriate to ~nsure that the Praject is establish~d in compliance with all lacai Qrdinances and Regulations. Ct~ndition~ of Approval fram these departments and agencies have been included as apprc~pri~te, NOT1CiNG REQUII~EMEN'TSlPUBL1G fll1TREACH: In ~ccordance with State law, a pubiic notice was mai(ed to all praperty awners and occupants within 300 feet of the er~tire Jordan Ranch project to adver#ise the applications and the upcorn~ng public hearir-g. A public nc~tiee was a{sa ~ublished in the Valley Times and posted at several locations thraughout the City. Ta date, the City has received no objections frorn surrounding property owners regarding the current proposal. ENVIRONMENTA~ F~~VIEW In ~993, the City Council certifiied an Enviranm~ntal Impact Rep+a~t (EIR) fc~r the Dublin General Plan Eastern E~ended Planning Area and thc Eastern Dublin Sp~cific Plan area, including revisions to Part I of tne Respanses to Camments relating to the Kit Fox, Addendum to the DEIR dated May 4, 19~3, and a ~KS Associates Traffic Study dated aecernb~r 15, 1992 (SCH#91103064), collectively these dc~cuments camprise the "East~rn Dublin EfR." The Eastern Dublin EIR is a prc~grarn EIR, which anticipated numerous subsequen# actions related to future develapment; it afsa identified some imp~cts resulting from implementation that could no# be mitigated. Upon approval of the Eas#ern Dub(in General P}an Amendmer~t/Sp~cific Plan, the City adopted a statement of overriding considerations for such imp~cts. The City also adopt~d a mitig~tion-monitaring program, which included a series af ineasures interrded to reduce impacts from the implement~ti+~n r~f the plan. The timing for implementatian of these mitig~tion measures is summarized in the adopted Mitigation and MQnitaring Prc~gram matrix. A Supplementa! EIR (SEIR) was prepared far the EDPO plan and annexation and was certifiied in 20Q2 by Resolutic~n 4Q-p2 {SCH # 2001052~ 14}. Also, a SE~R for th~ ~allc~n Village Project (SCH#20050620'10} was certified by the Dubli~ City Council on Dec~mber 6, 2405 (Resolution 222-05). The Supplemental EIR addressed a S#age ~ Plann~d Development Rezone and Amendrnent for the 1, ~ 32-acre Fallon Village Praject Area (PA fl4-040}. An Addendum to the prior ElFts has been prepared to address the currently proposed Jordan Ranch project {see Exhibit A ta Attachment 4). The Addendum and a related initiaE Study concluded that no further environmen#al review is required for the prtapt~sed praject based on the anaiysis and mi#igatian of envirc~nmental effects in the prior certified EIRs described above. The proposed Praject r~viil nc~t result in any new or substantially more severe significant impacts than those identified in the priar EIRs and no CEQA standards requiring further environmental review are met. As noted in the Addendum, a11 previously adc~pted mitigation measures applicable to the project would continue to be required. However, sinc~ significan# environmental impa~ts were previously idert#ified for the projeet in the prior eertified ElRs that could not be mitigated, any approval must be supp~rted by a Statement of Qverriding Consideration. ~id4~ ~~f)~~() ~ ~u~,~ ~~1~~ I ~~ ATTACHMENTS: 1. R~solutian recommer~ding #hat the City Council adapts an Ordinance approvinc~ a Planned Develaprnent Rezone with a Stage 2 Development pian for Jc~rdan Ranch, with the ciraft Ordinance attached as Exhibit A. 2. Resoiutic~n appraving Sit~ Develapment Review and Vesting Tentative Tract Map 80~4 ft~r Jordan Ranch, with Stage fi Subrnittal - Site aevelc~pment Review, Pianned Uni# Qev~lopment Tract 802~4, and Vesting Tentative Map 8024 attached respectively as Exhibits A, B& C. 3. Resolution recommending that the City Cauncii adopt an flrdinance approving a Qevelapment Agreemen# fiar Jordan Ranch with the draft Ordinance attached as Exhibit A and the D~velopment Agreement attached as Exhibit B. 4. Resolution recomm~nding that #he City Cauncil cansider a CEQA Addendum tc~ the Eastern Dublin Environm~ntaf Impact Report, and #he 2002 EDPQ and 2005 Fallon Villa~e Supplemental Environmental Impact Reports and apprav~ its findings that no further Environmental Review is required far the Jordan Ranch prt~ject with the CEQA Addendum attached as Exhibit A and the lnitial Study as Exhibit B. I'a~c 1~J of'?U GENERAL INFCIRNIATiflI~: APPLICANT; PROPERTY C?WNER; Lt~CAT[QN: ASSESSt}RS pARCEL NUMBER: EXESTING ZC?NING: GENERALPLAN LANL? USE CIESiGNATIt)N: SURR{?UNQING USES: ~~~ ~~~ Missi~n Valley Properties ~000 Hapyard road, Suite 170 Pleasanton, CA 94588 A~tn: K~vin Fryer BJP ROF Jardan Ranch LLC 4233 Fa{Ic~n Road Livermore, CA 94550 North af an east-west kno11 located between the extensian of Central Parkway and the ex#ension of Dublin Boulevard. South of Positano Parkway east of Fallon Road and west af a ridgeline Ic~cated west of C~oak Road. 985-Q027-007-02 PD Pianned Development Smgle-Fami(y Residential, Medium Density Residential, Medium High Density Resi~ential; Mixed Use, Semi-Public, Parks/Public Recreation, and fJpen 5pace LO~ATIE7N Zt~NtNG CENERAL PLAN LAN~ USE ~~~RENT USE OF PRQPERTY Residential; Positana/Cantara (Tract 7853} North P~ Low Density/Single-Family 72 detached units complete~d ar under construc#ions tvledium/High Density Residential ~~~~~ ~,a (with Semi-Puk~lic ~~~~~~Agrieultural (Chen) Overlay),Parks/Public Recreation, and O en S ~ce Lc~w Den~ity Residenti~l, Met#ium East pp ~~~sity Residential (with Semi- Vacan#IAgricultural (Craak) Pubiic Ov~r6ay), Parks/Public Recreation Low Density, Medium Density, Single Family F2esidential PC~ High D~nsity Residential, and Dublin Ranch Area A-7 West ParkslPublic Recreation and PD-CP Fallon Sparts Park {under construction) Pa~e 2U c~f 2(~