HomeMy WebLinkAboutOrd 14-05 DublinRchArea A-H wallis Rch
ORDINANCE NO. 14 - OS
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AMENDMENT
TO THE MASTER DEVELOPMENT AGREEMENT FOR PA 05-023
THE DUBLIN RANCH PROJECT (AREAS A, B, C, D, E, F, G AND H)
JAMES TONG ON BEHALF OF THE LIN FAMILY
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
RECITALS
A. On May 18, 1999, the City Council of the City of Dublin adopted Ordinance No. 16-99
approving a Master Development Agreement ("Master DA") between the City of Dublin and: I) Chang
Su-O Lin (aka Jennifer Lin), 2) Hong Lien Lin (aka Frederic or Frederich Lin), and 3) Hong Yao Lin (aka
Kevin Lin), hereinafter referenced as "The Lin Family" and identified as "Developer" for the project
known as The Dublin Ranch Project (Areas A, B, C, D, E, F, G & H).
B. The Master DA is recorded as instrument No. 99251790 in the official records of the
Clerk~Recorder of Alameda County with an Effective Date of June 29, 1999.
C. The Dublin Ranch Project (Areas A, B, C, D, E, F, G & H) is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is designated on the
General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map.
D. An Amendment to the Master DA has been presented to the City Council attached hereto
as Exhibit A.
E. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section
15182, an Initial Study was prepared and a determination was made that the Amendment is within the
scope of the Final Program Environmental Impact Report for the Eastern Dublin General Plan
Amendment 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 (the "ElR"), (SCG#91-103064), including all
Supplements and Addenda, and the determination applicable to the approval of the Master DA and
subsequent Development Agreements when previously approved. A determination on the Initial Study
was made that no additional impacts would result ftom approval of the Amendment to the Master DA.
F. On May 24, 2005, a public hearing on the proposed Amendment to the Master DA was
held before the Planning Commission for which public notice was given as provided by law.
G, The Planning Commission, by Resolution No,05-31 made its recommendation to the City
Council for approval of the Amendment to the Master DA.
H. A public hearing on the proposed Amendment to the Master DA was held before the City
Council on June 7, 2005 and June 21,2005, for which public notice was given as provided by law.
I. The City Council has considered the recommendation of the Planning Commission
including the reasons for its recommendation, the Agenda Statement, all comments received in writing,
and all testimony received at the public hearing.
1.---
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incOll'0rated herein, (b) the City of
Dublin's General Plan, ( c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, ( e) the
EIR, (t) the Initial Study, (g) the Addenda, and (h) the Agenda Statement, and on the basis of the specific
conclusions set forth below, the City Council finds and determines that:
I. The Amendment to the Master DA 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 designations and the proposed project is consistent with that land use, (b) the project is consistent with
the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and
public services, and (c) the Development Agreement, as amended, includes provisions relating to vesting
of development rights, and similar provisions set forth in the Specific Plan.
2. The Amendmenfto the Master DA 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 have
included a number of subsequent Development Agreements, Stage I Development Plans, Stage 2 Development
Plans, Site Development Reviews and Permits, and Vesting Tentative Maps intended to implement the project
described in the Master DA.
3. The Amendment to the Master DA is in conformity with public convenience, general
welfare, and good land use policies in that it also will implement land use guidelines set forth in the
Specific Plan and the General Plan for the land uses and open space as approved.
4. The Amendment to the Master DA will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Amendment to the Master DA will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent with the General Plan
and with the Specific Plan.
Section 3 . APPROVAL
The City Council hereby approves the Amendment to the Master DA (Exhibit A) and authorizes
the Mayor to sign.
Section 4. RECORDATION
Within ten (10) days after the Amendment to the Master DA is fully executed by all parties, the
City Clerk shall submit it to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days ftom and after the date of its
passage. The City Clerk ofthe 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.
2
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 2101 day ofJune
2005, by the following votes:
AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: Councilmember Zika
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City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
41fb {¡ C>
Space above this line for Recorder's Use .
AMENDMENT TO MASTER
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
THE LlN FAMILY
FOR THE DUBLIN RANCH PROJECT
(Areas A, B, C, D, E, F, G and H and "Wallis Ranch")
EXHlauA
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TABLE OF CONTENTS
Section 1. ......................................................,............................ .................. .....,............................ ............... 3
Section 2. ...... ....................................... ........, ......." ....... ............. ........... ....... ................. .......... .......,.............. 3
Section 3. Recitals................... ,.....,.......................... ,..__.........__..__... ............ ............ .......... ........... .... ....... 3
Section 4, .............................. ........,......... ........ ............. ..... ,,,,,. "........... ............, ....., ..... ..... ..... ........., __" ........ 4
Section 4,1 Effective Date .......................................................................... ,....................................__ 4
Section 4.2 Term ...........................................................__.......,.......................................................... 4
Section 5. Exemption from Inclusionary Zoning Reguiations for 2,655 Units.......__.......____..__.................. 4
Section 6. Exemption from Commercial Linkage Fee.............................................................................. 5
Section 7. Park Land.....__..........._____....__.................................................................................,..............,.. 6
Section 8. Notices ..................................................,......,......................................................,.........,......,.. 6
Section 9. Exhibits..... ............ .......,............. ............,............... ................... ............ ....... ........... .......,...... ,.. 6
Section 10 Counterparts ........................................................................................................................... 8
Section 11. Rec:ordatlon ,................,...................,........................,...., ..................................,................. 6
Section 12. Amendment ..........................................................................,............................................. 7
. _ ......._"...n..........
Amendment to Master .
Development Agreement for Dublin Ranch Project
Table of Contents
April 5, 2005
659198_5
LÞ ~ /pC
THIS AMENDMENT TO MASTER DEVELOPMENT AGREEMENT is made and
entered in the City of Dublin on this _ day of _' 2005, by and between the CITY OF
DUBLIN, a Municipal Corporation (hereafter "City"), and Chang Su-O-Lin (also known
as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao
Lin (also known as Kevin Lin), (hereafter "Developer"), pursuant to the authority of §§
65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter
8.56.
RECITALS
A. City and Developer are parties to a development agreement entitled
"Master Development Agreement Between the City of Dublin and The Lin Family for the
Dublin Ranch Project (Areas A, B,C, D, E, F, G and H)", which is dated May 18,1999,
and was recorded on July 8, 1999 at 99251790, which agreement was amended by the
"Supplemental Development Agreement Between the City of Dublin and The Lin Family
for the Dublin Ranch Project (Areas F, G and H)", which is dated April 18, 2000 and
recorded on November 3, 2000 at 2000335772 (hereafter together referred to as the
"Master Development Agreement"); and
B. Chang Su-O-Lin (also known as Jennifer Lin) and Hong Lien Lin (also
known as Frederic or Frederich Lin) and City are parties to a development agreement
entitled "Development Agreement Between the City of Dublin and Chang Su-Q-Lin and
Hong Lien LinfDublin Ranch/Fairway Ranch", dated July 15, 2003 and recorded on
December 16, 2003 at 2003728503 of the official records of Alameda County (hereafter
the "Fairway Ranch Deveiopment Agreement", a copy of which is attached hereto as
Exhibit 1); and
C. The Master Development Agreement is applicable to the property in the
City generally known as Areas A. B, C, D, E, F, G, and H and, Section 20 of such
agreement is applicable to, the property known as the 'Wallis Property" or "Wallis
Ranch." Fairway Ranch Development Agreement is applicable to a portion of the
property generally known as Area B; and
D. Developer has assigned all of its rights and obligations under the Master
Development Agreement for the lands known as Area Aand portions of Area G; and
E. The parties desire to amend the Master Development Agreement to
establish Developer's compliance with the Inc\usionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68) as set forth in the Fairway Ranch Development
Agreement as to the. property described in Exhibit E to the Fairway Ranch Development
Agreement, which is described in that agreement, and referred to herein, as the
"Affordable Unit Credit Property"; and
Amendment to Master
Development Agreement for Dublin Ranch Project
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April 5, 2005
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F. The parties also desire to allow the Developer to transfer "Affordable Unit
Credits" earned under the Fahway Ranch Deveiopment Agreement to purchasers of all
or portions of the property which is included within the "Affordable Unit Credit Property;
and
G. The parties further desire to set forth a method of documenting
compliance with Section 17 (entitled "Park Land") of the Master Development
Agreement; and
H. California Government Code §§ 65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into an
Agreement for the development of real property with any person having a legal or
equitable interest in such property in order to establish certain development rights in
such property; and
I. DEVELOPER desires 10 develop and holds legal interest in certain real
property located in the City of Dublin, County of Alameda, State of California, which is
more particularly described in Exhibit 2, which real property is hereafter called the "Lin
Property" .
J. DEVELOPER has applied for, and CITY has approved, various land use
approvals in connection with the developmenl of the portion of Area B which is subject
to the Fairway Ranch Development Agreement, including: 1) for Areas B a General
Plan and Specific Plan Amendment(Resolution No. 140-97), a PD District rezoning
(Ordinance No. 24-97), general provisions for the PD District rezoning including the
Land Use and Development Plan (Resolution No. 141-97), a Vesting Tentative Tract
Map for Tract 7453 (Planning Commission Resolution No. 03-31), and a density bonus
of 186 units and Site Development Review (City Council Resolution No. 149-03)
(collectively the "Fairway Ranch Project Approvals"); and
K. The City Council has found that, among other things, this Amendment to
Master Development Agreement is consislent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with Chapter
, 8.56; and
L. Pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted Resolution No. 149-03, finding that the Fairway Ranch Project
approvals are exempt from CEQA pursuant to Government Code §65457. In making
such determination and determining that there are no supplemental impacts that would
require preparation of a Supplemental EIR for the Fairway Ranch Development
Agreement or this Agreement which 'is called for in the Fairway Ranch Development
Amendment to Msster
Development Agreement for Dublin Ranch Project
. Page 2 of 7
April 5. 2005
659198_5
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Agreement, the City prepared an Initial Study which found that the environmental
impacts of the Fairway Ranch Project approvals were addressed by the Negative
Declaration approved by the City Council by Resolution No. 140-97 for the Planned
Development Rezoning for 453 acres of Dublin Ranch which includes the property
subject to this amendment and the Fairway Ranch Project and the Environmental
Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH
91103064) which was certified by the Council by Resolution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EIR").
M. On , 2005, the City Council of the City of Dublin adopted
Ordinance No. _ approving this Amendment to the Master Development Agreement
(hereafter "Amendment to Master Development Agreement"). The ordinance took effect
on_, 2005.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, CiTY and
DEVELOPER agree to amend the Master Development Agreement as follows:
AGREEMENT
Section 1. Description of Propertv.
The property which is the subject of this Amendment to Master Development
Agreement is described in Exhibit 2 (the "Un Property"). The property shown on Exhibit
2 as "Parcel B (former Wallis Property)" is not subject to Sections 6 and 7 of this
Amendment to Master Development Agreement and remains subject only to Sections
20 of the Master Development Agreement.
Section 2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Un Property, in that it
owns the Un Property in fee simple.
Section 3. Recitals.
The foregoing Recitals are true and correct and shall be deemed to be a part of
this Amendment to Development Agreement.
-.-....'''...-..-.....,.
Amendment to Mastar
Development Agraement for Dublin Ranch Project
Page 3 of 7
April 5, 2005 .
659198_5
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Section 4. Effective Date and Term.
Section 4.1 Effective Date. The effective date of this Amendment to the
Master Development Agreement shall be the effective date of Dublin City Council
Ordinance No. _
Section 4.2 Term. This Amendment to the Master Development
Agreement shallleffilinate as to Section 5 below upon the use or expiration of all
"Affordable Unit Credits" issued pursuant to the Fairway Ranch Development
Agreement, whichever occurs later, and as to Section 6 below upon the 30th anniversary
of the effective date of the Fairway Ranch Development Agreement, as provided in
Section 5,3.6(C) of Exhibit B of said agreement. Except as provided in the preceding
sentence, this Amendment shall terminate when the Master Development Agreement
terminates.
Section 5. Exemption from Inclusionarv Zonina Reaulations for 2,655 Units.
Upon completion of the entire Fairway Ranch Project in accordance with the·
Fairway Ranch Development Agreement, DEVELOPER will have provided affordable
units, as defined in City's Inclusionary Zoning Regulations (Exhibit C to the Fairway
Ranch Development Agreement), in the following income categories:
Multifamilv Component
--90 moderate income units
--90 low income units
--63 very low income units
Senior Housina Component
--131 moderate income units
--97 low income units
--64 very low income units
Condominium Component
--52 moderate income units
DEVELOPER will receive 332 "Affordable Unit Credits," as that term is defined in
the FairWay Ranch Development.Agreement upon completion of the entire Fairway
Ranch Project. In accordance with the Fairway Ranch Development Agreement, the
332 Affordable Unit Credits can be used by Developer to comply wilh the Inclusionary
Zoning Regulations on the Affordable Unit Credit Property, as such regulations currently
exist or as they may be hereafter amended, for a maximum of2,655 units,
notwithstanding the requirements of the Inclusionary Zoning Regulations as they
Amendment to Master
Development Agreement for Dublin Ranch Project
Page 4 of 7
April 5, 2005
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currently exist or as they may hereafter be amended as to the mix of the affordable
units, number of bedrooms or concentrations of such units on the Affordable Unit Credit
Property. The Affordable Unit Credits must be used as provided in the Fairway Ranch
Development Agreement.
City shall determine the number of affordable units required for each residential
development proposed for development on the Affordable Unit Credit Property at the
earliest to occur of the time of tentative map approval, conditional use permit or site
development review by reference to the Inclusionary Zoning Regulations attached as
. Exhibit C to the Fairway Ranch Development Agreement to determine the number of
affordable units required for each such residential development and, provided
Developer has a sufficient number of Affordable Unit Credit Certificates for the number
of such required affordable units, City shall not require compliance with the Inclusionary
Zoning Regulations for such development. The payment of in-lieu fees will not be
allowed for any residential development project on the Affordable Unit Credit Property.
If Developer has not earned or obtained Affordable Unit Credit Certificates in
sufficient number to provide the required number of affordable units required for a
proposed residential development on the Affordable Unit Credit Property, Developer
shall be required to comply with the inclusionary zoning requirements then in effect prior
to Site Development Review approval, including the requirement of section 8.68.050.A
of the Inclusionary Zoning Regulations (Exhibit C to the Fairway Ranch Development
Agreement) for an affordable housing agreement. Alternatively, Developer may
withdraw its application for Site Development Review approval until Developer has
sufficient Affordable Unit Credit Certificates to provide the required number of affordable
units for the residential development project.
All references in this Section 5 to "Developer" shall include persons or entities to
whom Developer has conveyed or conveys any portion of the Affordable Unit Credit
Property, it being the intention of the City and Deveioper that such persons or entities
shall be entitled to the benefits and burdens of Sections 5.3.7.8(v) to (ix) of Exhibit 8 of
the Fairway Ranch Development Agreement.
Section 6. Exemption from Commercial LinkaqeFee.
The property described in Exhibit F to the Fairway Ranch Development
Agreement, shall be exempt from any commercial linkage or similar fee in the manner
provided in Section 5.3.7(C) of Exhibit 8 of the Fairway Ranch Development
Agreement.
Amendment to Master
Development Agreement for Dublin Ranch Project
Page 5 of 7
April 5, 2005
659198~5
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Section 7. Park Land.
Upon satisfaction of the provisions of Section 17 of the "Master Development
Agreement Between the City of Dublin and The Un Family for the Dublin Ranch Project
(Areas A, B, C, D, E, F, G and H)", City and Developer will jointly execute an agreement
or other document indicating that Section 17 has been satisfied. The City Clerk shall
maintain the original of such document.
Section 8. Notices.
Section 38 of the "Master Development Agreement Between the City of Dublin
and The Un Family for the Dublin Ranch Project (Areas A, ß, C, D, E, F, G and H)" shall
be amended by changing the persons to who notice shall be given to DEVELOPER.
Hereafter, all notices required to be given to DEVELOPER shall be addressed as
follows:
Martin W. Inderbitzen
7077 Koll Center Pkwy, Suite 120
Pleasanton CA 94566
Section 9. Exhibits.
The following documents are referred in this Agreement and are attached hereto
and incorporated herein as though set forth in full:
Exhibit 1
Fairway Ranch Development Agreement
Exhibit 2
Legal Description of the Un Property
Section 10 Counterparts.
This Amendment to the Master Development Agreement is executed in two (2)
duplicate originals, each of which is deemed to be an original.
Section 11. Recordation.
CITY shall record a copy of this Amendment to within ten days following
execution by all parties.
Amendment to Master
Development Agreement lor Dublin Ranch Project
Page 6 of 7
April 5, 2005
659198_5
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Section 12. Amendment.
Except as set forth herein, the Master Development Agreement shall not be
amended.
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: Date:
Janet Lockhart, Mayor
ATTEST:
By: Date:
Kay Keck, City Clerk
Approved as to Form:
-£f/tU. ~ ¡;¿
Elizabeth H. Silver, City Attorney
DEVELOPER:
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Cha g Su-O-Un A-ð/
(als known as Jennifer Un)
-
Date:
Frederic Un)
Date:
Amendment to Master "
Development Agreement for Dublin Ranch Project
Page 7 of 7
April 5, 2005
659198_5
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Approved as to Form:
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Marty Inderbitzen
Attorney for Lin Fami
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Amendment to Master
Development Agreement for DUblin Ranch Project
Page 8 of 7
April 5, 2005
659198_5
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T Arw AN
CITY OF TAIPEI
AMERICAN INSTITUE IN TAIWAN, TAIPEI OFFICE
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Sti R. Kulkarni
On Apri 1 n, 2005 , before me, 5Þecial Notary (PL96-S) , personally
Lin, Hong-lien as attorney-in-fect of Lin Chang, Su-o;
appeared To; n. Hon2-1ien and Lin. Hong Yao---- , lam¡¡:¡~lIy JrJlewa te æe (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s}i-skre subscribed
to the within instrument and acknow]edged to me that he/3ae/they executed the same in laiS,(ger.i.their
authorized capacit)i(ies), and that by ß.jd;¡e¡;'their signature(s) on the instrument, the person(s) or the
. entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand an official seal.
Public
R. Kulkarni
S¡,ecial Notary (PL96-8)
Duly appoint"d and qualified
My commission expires:J une 25. 2007