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HomeMy WebLinkAbout4.02 Schaefer Rch PD~~~ ~I~V \~:~ CITY CLERK File # ^~^~- fj^~ y-5o' 30 ~LIr AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 18, 2008 SUBJECT: CONSENT CALENDAR - PA 08-005 Schaefer Ranch South: PD - Planned Development Rezone with Stage 2 Development Plan for an 81.3+/- acre area, and a Development Agreement. Report Prepared by Jeff Baker, Senior Planner ATTACHMENTS: 1) Ordinance approving a PD-Planned Development Rezone with Stage 2 Development Plan for the project known as Schaefer Ranch South. 2) Ordinance approving a Development Agreement between the City of Dublin and .Schaefer Ranch Holdings LLC, with the Development Agreement included as Exhibit A. 3) City Council Staff Report dated November 4, 2008, without attachments. RECOMMENDATION:. 1) Waive .the 2"d reading and adopt the Ordinance approving a PD- Planned Development Rezone with Stage 2 Development Plan; and ~' 2) Waive the 2°d reading and adopt the Ordinance approving a a Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC. FINANCIAL STATEMENT: No financial impact at this time. The proposed project is consistent with the intensity of development that was anticipated for the overall Schaefer Ranch project. An economic analysis was completed as part of the original project review. This analysis shows that the proposed project will not have a negative impact on revenue for the City and that the cost of municipal services required for the project will not result in a negative impact to the City's General Fund. PROJECT DESCRIPTION: Background The Schaefer Ranch project is described in the City of Dublin General Plan and is located within the Western Extended Planning Area. Schaefer Ranch includes approximately S00 acres located at the westerly boundary of the City Limits, north of Interstate 580, and southeast of unincorporated Alameda County (see Map 1 below). The westerly extension of Dublin Boulevard leads into the project area where Dublin Boulevard terminates. ------------------------------------------------------------------------------------------------------------- COPY TO: Property Owners ~ L ITEM NO. ~" Page 1 of 3 G. IPA#120081PA 08-005 Schaefer Ranch SouthlCity Councillccsr 1 /.18.08 Schaefer South 2nd reading.DOC t ~+lorth Current Request Discovery Homes proposes to construct 140 single-family homes (a net increase of 104 homes from the current Project Approval) at the southwest corner of Dublin Boulevard and Schaefer Ranch Road, and facilitate future development of the School of Imagination at the southeast corner of Dublin Boulevard and Schaefer Ranch Road. The overall Schaefer Ranch development would have a total of 406 single- family homes which is less than the 474 units that were originally approved for the Site. The Applicant requested approval of the following entitlements in order to permit development of this Project: 1. General Plan Amendment, to modify the existing Estate Residential (0.01-0.8 du/ac) and Retail/Office land use designations to Single-Family Residential (0.9-6.0 du/ac), and increase the acreage for Open Space and Public/Semi-Public land uses; 2. Planned Development Rezone with Stage 2 Development Plan; 3. Vesting Tentative Map 8000; 4. Development Agreement; and 5. California Environmental Quality Act Addendum to the Schaefer Ranch Environmental Impact Report. On October 14, 2008, the Planning Commission conducted a Public Hearing to review the requested entitlements. The Planning Commission recommended that the City Council approve the General Plan Amendment, Planned Development Rezone with Stage 2 Development Plan, Development Agreement, and California Environmental Quality Act Addendum. The Planning Commission also approved Vesting Tentative Map 8000 to subdivide 41.5+/- into 140 residential lots. Planning Commission approval of the Vesting Tentative Map is subject to the City Council approval of the General Plan Amendment, Planned Development Rezone and California Environmental Quality Act Addendum. On November 4, 2008, the City Council conducted a Public Hearing and adopted a Resolution approving the California Environmental Quality Act Addendum and a Resolution amending the General Plan land use designations for the Schaefer Ranch South project. The Planned Development Rezone and Development Agreement are adopted by Ordinance. The adoption of an Ordinance requires two readings before the City Council. On November 4, 2008 the City Council waived the first reading and introduced the Ordinance which would approve the Planned Development Rezone with Stage 2 Development Plan and introduced the Ordinance which would approve the Development Agreement between the City and Schaefer Ranch Holdings LLC. Please refer to the City Council Staff Report (Attachment 3) for additional information. The City Council is currently requested to hold the second reading and adopt the proposed Ordinances. Page 2 of 3 Map 1: Vicinity Map RECOMMENDATION: Staff recommends that the City Council take the following action: 1) .Waive the 2°d reading and adopt the Ordinance approving a PD-Planned Development Rezone with Stage 2 Development Plan; and 2) Waive the 2°d reading and adopt the Ordinance approving a Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC. Page 3 of 3 i ~ 44 ORDINANCE NO. XX - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS SCHAEFER RANCH SOUTH (APNs 941-2832-031 to 032, 941-2835-001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021) PA 08-005 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS A. By Ordinance No. 15-96, the City Council rezoned the approximately 500-acre Schaefer Ranch project area generally located at the westerly boundary of the City Limits, north of Interstate 580 (I-580), and southeast of unincorporated Alameda to the Planned Development Zoning District (PA 96-037). B. By Ordinance No. 11-06, the City Council rezoned the approximately 500-acre Schaefer Ranch project area generally located at the westerly boundary of the City Limits, north of Interstate 580 (I-580), and southeast of unincorporated Alameda to the Planned Development Zoning District (PA 06-031) and adopted a Stage 2 Development Plan for the entire project area. C. This Ordinance replaces the Stage 2 Development Plan for that portion of the area located at the southwest .corner of Lublin Boulevard and Schaefer Ranch Road approved in Ordinance No. 11-06 by the City Council on August 1, 2006 (APNs 941-2832-031 to 032, 941-2835- 001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021). SECTION 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: The Planned Development (PD) Rezone with Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 of the Zoning Ordinance because: 1) it provides a comprehensive development plan for Single-Family Residential and Open Space; and 2) it creates a functional use of land that is sensitive to surrounding land uses in terms of layout, design, and conformity to the existing topography. 2. The PD Rezone with Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding areas because: 1) the land uses and site plan establish residential uses; 2) the project area is surrounded by similar single- family residential uses; and 3) the land uses and site plan provide effective transitions to surrounding development, which is characterized by the proposed vehicular and pedestrian circulation system. Attachment 1 a ~ y.u B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD Rezoning, with amended Stage 2 Development Plan, will be harmonious and compatible with existing and future development in the surrounding areas because: 1) the residential uses identified in the PD are consistent with the General Plan land uses; 2) the Stage 2 Development Plan maintains the low intensity of uses and open space on steeper slopes adjacent to I-580; and 3) the land uses and site plan provide effective transitions to surrounding development which is characterized by the proposed vehicular and pedestrian circulation system. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the project has been designed to accommodate the topography of the Project site which is characterized by vacant, rolling hills; 2) development is concentrated in the less constrained areas with open space designations in the more constrained areas; 3) the open space designations help to protect constrained areas; and 4) the flexibility of the proposed PD district allows development to be tailored to onsite conditions. 3. The PD Rezone with Stage 2 Development Plan, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because: 1) the Stage 2 Development Plan has been designed in accordance with the City of Dublin General Plan; and 2) future development will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD Rezone with Stage, 2 Development Plan, is consistent with the Dublin General Plan because: the project includes companion amendments to the General Plan. C. Pursuant to the California Environmental Quality Act, the City Council finds as follows: 1. Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted Resolution 76-96) certifying the Schaefer Ranch Environmental Impact Report (EIR) (SCH #95033070). The Schaefer Ranch EIR is incorporated herein by reference and is available for review in the Community Development Department. On November 4, 2008 the City Council approved Resolution 203-08 adopting a CEQA Addendum for the project, which Resolution is incorporated herein by reference. SECTION 3. ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: 80.09+ acres located in an area bounded by Dublin Boulevard to the north, I-580 to the south, Schaefer Ranch Road to the east, and an estate lot with a private residence to the west (APNs 941-2832-031 to 032, 941-2835-001 to 003, and 052 to 075, and 941-2837-002 to 003, and 010 to 021). 2 3~u~ PA 08-005 F ~~~~~_ ~; .u~~~- ~~ Planned Development Zoning Area Map SECTION 4. STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. 1. Statement of compatibility with the Development Plan. The Stage 2 Development Plan is compatible with the Development Plan adopted as part of the Planned Development zoning for the overall Schaefer Ranch development in that the Project is a residential development as planned for in the PD zoning. The Stage 2 Development Plan establishes standards to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 2. Statement of uses. The following uses are permitted for this area: A) PD Single Family Residential Intent: Single Family land use designations are established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air privacy and open space for each dwelling; and c) accommodate single family housing, including a wide range of units from small-lot and zero-lot units to large lot estate units. Intensity of Use: 0.9 - 6.0 dwelling units per acre Permitted Uses: a. One-family dwelling b. Secondary Unit/casita c. Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance d. Animal keeping -residential e. Community care facility/small (permitted if required by law, otherwise as conditional use) f. Small family day care home per Chapter 8.08 of the Dublin Zoning Ordinance g. Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance h. Paseos and common area landscaping i. Public utilities, services and facilities necessary to serve the project j. Similar and related uses as determined by the Community Development Director ~+~44 Conditional Uses: a. Bed and breakfast inn b. Boarding house c. Community facilities d. Community clubhouse e. Parking lot, only when established to fulfill the residential parking requirements of this zoning district for use on an abutting lot or lots f. Plant nursery or greenhouse used only for the cultivation and wholesale of plant material (wholesale, only) g. Medical or residential care facility (7 or more clients) h. Large family day care homes i. Semi-Public uses i. Similar and related uses as determined by the Community Development Director Temporary Uses: Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. B) PD Open Space Intent: Open Space land use designations are established within the project area. The public open space areas are intended to provide for the preservation of natural resources, outdoor recreational activities, and public health and safety. The private open space areas are intended to provide for similar types of uses, in areas which are owned and maintained by a private homeowners association. Unless otherwise modified under this PD approval, all applicable requirements of the Dublin Zoning Ordinance shall be applied to these land use designations. Permitted Uses: a. Public and private recreational trails and maintenance roads b. Conservation and wildlife habitat preservation areas c. Public and private utilities, services and facilities and uses necessary to serve the project d. Similar and related uses as determined by the Community Development Director 3. Stage 2 Site Plan. The Stage 2 Site Plan for the Project is laid out tole accommodate hillside slopes and preserve open space as shown below. The residential portions of the Project are laid in one neighborhood with lots that range from 4,875- 10,270 square feet. 4 Stage 2 Site Plan 5~u4 4. Site area, proposed densities. Land Use Designation Gross Acres Net Acres Number of Units Gross Densi Net Densi Single-Family Residential 29.70 ac 22.35 ac 140 units 4.71 du/ac 6.26 du/ac Open Space 50.39 ac 47.22 ac n/a n/a n/a Total: 80.09 ac 69.57 ac 140 units 4.71 du/ac 6.26 du/ac 5. Development Regulations. Development Regulations within the PD Single-Family Residential zoning district are as established in the following table: STANDARD Minimum Unless Otherwise Noted Lot Size 4500 sf Lot Width • Typical street 45 ft • Cul-de-sac (measure at right-of--way) 35 ft Lot De th 100 ft Lot Coverage • one-story 45 % maximum • two-story 35 % maximum Building Height (two-story maximum) 35 ft Setbacks Front Yard • to living or porch 10 ft • to front entry garage 18 ft • to side entry arage 15 ft Side Yard . • typical 5 ft • at corners g ft Rear Yard 10 ft Detached 2" Unit/Casita • Minimum rear yard setback 5 ft • Maximum building height 17 ft • Roof design Hip. Except a gable element may be used where second unit/casita does not abut another lot on the rear property line. • Roof pitch Minimum 4:12 sloping away from all property lines so as to not overpower the adjacent neighbor. • Architectural design Consistent with main building including all materials. All elements of the main building shall be replicated on the second unit/casita. • Detached 2"d Unit/Casita Lot Restrictions Not permitted on Lots 36 through 46 Permitted in side yard provided unit does not extended beyond rear of home on Lots 47 & 48. ~ ~~~ Usable Yard • size 500 sf contiguous flat • dimension 10 ft minimum any one side and 15 ft diameter clear within usable yard. Parkin S aces a • Off-street covered (enclosed garage) 2 • additional space (may be on-street) 1 Specific Notes: (1) Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include: All land covered by principal buildings, garages and carports, permitted accessory structures, covered decks and gazebos, and other covered and enclosed areas. It does not include: Standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, and paved areas such as walkways, driveways, patios, uncovered parking areas, or roads, (Dublin Zoning Ordinance Section 8.36.100). (2) Residential Building Height: A 35-foot maximum two stories shall be measured from the finished grade at the midpoint of the building (as shown on a facade or cross section view running parallel to the slope) to the top ridge of the structure's roof. However, architectural features and elements may exceed this provision by a 5-foot maximum, and a gable element may exceed this provision by a 5-foot maximum, subject to approval by the Director of Community Development. (3> Second Units/casita -Detached a) A second unit is defined as having akitchen/kitchenette and will require a dedicated parking space either within a garage or on the driveway. b) A casita will not include a kitchen and therefore an additional parking space shall not be required. Secondary dwelling units/casitas are subject to development standards provided herein and current Dublin Second Units Regulations (Dublin Zoning Ordinance Section 8.80), except that that maximum lot coverage shall be 50% for the primary dwelling unit and secondary dwelling unit/casita combined. General Residential Yard Provisions: (A) Setbacks -All setbacks are measured from the property line. (B) Allowable Encroachments -Items such as (but not limited to) air conditioning condensers, porches, chimneys, bay windows, media centers, etc. may encroach into the required setback provided that a minimum of 3 feet flat and level path is maintained to provide access past said items. (C) Except as prohibited under setback requirements above, roof eaves, pop-outs, architectural projects, and columns may encroach into required yard area setbacks subject to compliance with building codes. (D) Setbacks for accessory structures shall be in accordance with the building code in effect at the time of construction/installation. Noise generating equipment such as pool and spa equipment shall be acoustically screened or located outside of the setback area. 6 ~~ ~ (E) On lots where minimum rear yard clear and level zone cannot be provided due to topography or vegetation constraints, decks of comparable area shall be allowed and required subject to Site Development Review. 6. Architectural Standards. The following five (5) architectural styles are provided in the Stage 2 Development Plan. The variety of architectural styles will provide visual interest and identity for each neighborhood street. The architectural elements will be articulated and themed to represent a variety of styles through color, texture, and massing details. The architectural styles, along with design elements, are identified below: California Ranch: The California Ranch style is represented by low pitch roof in a hip, gable, or Dutch gable configuration with flat, shingle-like roof tiles. Exterior materials include wood siding, stucco, and board & batten accents combined with brick and stone accents, and post elements at a front porch. Architectural features include articulated windows, shutters, gables end details with wood truss shapes, louvers, and exposed rafter details. Colors and materials are light brown and charcoal blends with varied color accents: Monterey: The Monterey style is characterized by low-pitched gable roof and cantilevered second story balconies covered by the principal roof of flat or "S" concrete tile. Wall materials typically are different for first and second floors generally consisting of extensive. use of brick on the lower levels with stucco, wood siding, or board and batten above. Architectural elements include simple wooden posts and railings, shutters, window frames, and gable end accents. Colors are California mission blends with varied color accents. Early Californian: Early Californian is distinguished by simple massing and the principal roof material of concrete barrel tiles representing terracotta in color and form on a hip or gable roof above shorter overhangs. Stucco finished exteriors are accented by arched doorways, shutters, wrought iron detailing, and gable end accents. Colors are California mission and brown blends with varied tone accents. English Country.• Formal characteristics of the English County style are identified by steeper pitched roof elements with gable forms, stucco accent walls, use of brick accents, and half-timbered details. Stone features, bricked archways, decorative corbels, and multi-paned windows give this style its country image along with the hip and gable roof elements. Colors and materials are lighter charcoal and brown blends with earthy green tone accents. Craftsman: The Craftsman style features combinations of wood shingled, board & batten, and clapboard siding with stone accent bases with square tapered columns. The long, low-pitched gable roofs of flat the are supported by eave overhangs with decorative wooden braces and exposed rafter details. Colors and materials are charcoal and gray-brown blends with varied color accents. 7. Preliminary Landscaping Plan. The Preliminary Landscape Plans are as established in the following Landscape Plans and further described below. The Preliminary Landscape Plans provide a generalized design layout that clearly demonstrates the character, massing, and compatibility with the Vesting Tentative Map. Masonry community walls shall be finished on both sides with materials consistent with those proposed for the side of the wall facing the public right-of--way. 7 s~4++ ~~ ~.,... .~~... n...~...u ~....., ,_.~ -, l I '" I ~~ It} ~xqi, ~ q' i ~r ri4.~~X`tm> ..3 l~Jk+`!`LRi .. ^kaSt_ D.~. IR: -. M6 _.LA.. ~*~,~ i~ .~. sesa.. .1r. ~`x , i`rrvnn^ai~p~~tfsmi :F _9mui~+:nM+ M_ ..ll~.~,. r ~ °~ ~ ..16._ ,.. .- r~/ _ _~ - _ `' ~ ~ ~~. f t f~ Rf^E1V=;? OCfi 0 t AGB 1M78tN PtM9NYtiG M ~ ~ a r ..n ~~ ~ R f - C"~ ~`~ ~ f ~r ~ <; ; `~ s ?~ f i ~, ,~, ~. ~ f ~ ; ~, t' ~ LL~~x .ra ~ ~, i ~ _ ~ ~ f r ! , -.",- , - . ~ ~ } ~_y ti i - .._.,_...._ 1 _.. ~~_ ....,....., #4 f w7.mw .....~.,. aw~~b.. d ~.t~~ ~ _ _ `_ .. ,.,f....,.,....... .~, w taco us~rwr~wwcsrrw n...mwlrw nit. tros u..n :~~: ~~• :~ oa. 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APPLICABLE REQUIREMENTS OF DUBLIN ZONING ORDINANCE Except as specifically provided in this Planned Development Rezone with Stage 2 Development Plan (PA 08-005), the use, development, improvement, and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance pursuant to section 8.32.060.C. The provisions of the existing Planned Development Zoning for the remaining portions of the Schaefer Ranch project not amended by this resolution shall remain in full force and effect. SECTION 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 18t" day of November 2008, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G: IPA#120081PA 08-005 Schaefer Ranch SouthlCiry CouncillCC Ord PD Stage 2 Schaefer.doc 10 l~ ~~ ORDINANCE NO. XX - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND SCHAEFER RANCH HOLDINGS LLC (APNs 941-2832-027 to 028, and 941-2835-001 to 003, and 052 to 075, and 941-2837-010 to 021) PA 08-005 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS A. The portion of the Schaefer Ranch development, referred to herein as the "project", is approximately 42.7-acres located south of Dublin Boulevard at the intersection of Dublin Boulevard and Schaefer Ranch Road. The project consists of the area that is subject to Vesting Tentative Map 8000, and Parcels J and K of Final Map 6765. B. A Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC ("Developer") has been presented to the City Council, Exhibit A, attached hereto. C. A public hearing on the proposed Development Agreement was held before the Planning Commission on October 14, 2008, for which public notice was given as provided by law. D. The Planning Commission has, by Resolution 08-32, recommended that the City Council approve the Development Agreement. E. A public hearing on the proposed Development Agreement was held before the City Council on November 4, 2008 for which public notice was given as provided by law. F. The City Council has considered the recommendation of the Planning Commission, including the Planning .Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. SECTION. 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein; (b) the City of Dublin General Plan; (c) the Planned Development Zoning (PA 08-005); (d) the EIR for Schaefer Ranch (SCH #95033070) certified by the City Council in 1996 by Resolution 76-96; (e) the Addendum to the previously certified EIR prepared for the Schaefer Ranch South project PA 08-005 adopted by City Council Resolution xx-08; (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, in that: (a) the General Plan land use designations for the site are Single-Family Residential and Public/Semi-Public; (b) the proposed project is consistent with the designated land uses; (c) the project is consistent with the fiscal policies of the General Attachment 2 i~~~~ Plan with respect to the provision of infrastructure and public services; and (d) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the General Plan. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the project approvals include Planned Development zoning Stage 2 Planned Development Plan, and Vesting Tentative Map 8000. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the General Plan which have planned for Single-Family Residential and Public/Semi-Public uses at this location. 4. The Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer's project will proceed in accordance with all the programs and policies of the General Plan. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan. SECTION 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A) and authorizes the Mayor to execute it. SECTION 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 18th day of November, 2008 by the following votes: AYES: NOES: ABSENT: ABSTAIN: 2 ~3~~~ ATTEST: City Clerk Mayor G:IPA#110081PA 08-005 Schaefer Ranch SouthlCity CouncillCCOrd SchaeferDA.doc ~4~~~ .RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND SCHAEFER RANCH HOLDINGS LLC (SCHAEFER RANCH SOUTH, PROJECT) Exhibit A Attachment 2 ~s~4~ THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered in the City of Dublin on this- day of , 2008, by and between the City of Dublin, a Municipal Corporation (hereafter "City"), and Schaefer Ranch Holdings LLC, a California limited liability company (hereafter "Developer"), pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter. into an agreement for the development of real property with any person havirig a legal or equitable interest in such property in order to establish certain development rights in such property; and B. DEVELOPER desires to develop and holds legal interest in certain real property consisting of approximately 42.7 acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the "Property"; and C. Developer proposes the development of the Property with 140 residential units (the "Project"); and D. Developer has applied for, and City has approved various land use approvals in connection with the development of the Project, including an amendment to the General Plan (City Council Resolution No. ), a PD District rezoning and related Stage 2 development plan (City Council Ordinance No. and Vesting Tentative Map (Planning Commission Resolution No. ) (collectively, together with any approvals or permits now or hereafter issued with respect to the Project, the "Project Approvals"); and E. Development of the Property by Developer may be subject to certain future discretionary approvals, such as Site Development Review, which, if granted, shall automatically become part of the Project Approvals as each such approval becomes effective; and F. City desires the timely, efficient, orderly and proper development of said Project; and G. The City Council has found that, among other things, this Agreement is consistent with its General-Plan and has been reviewed and evaluated in accordance with Chapter 8.56; and Dublin/Schaefer Ranch Development Agreement Page 2 of 18 For the Schaefer Ranch Holdings L.LC (Schaefer Ranch South Project) •. FINAL -Schaefer Ranch South DA.DOC; 114.260 ~~ 44 H. City and Developer have reached agreement and desire to express herein a development agreement that will facilitate development of the Project subject to conditions set forth herein; and I. On , 2008, the City Council of the City of Dublin adopted Ordinance No. approving this Agreement. The ordinance took effect on , 2008 ("the Approval. Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. Interest of Developer. The Developer has a legal or equitable interest in the Property in that it owns the Property in fee simple. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Developer and that the Developer is not an agent.of City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree~that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 4. Effective Date and Term. 4.1. Effective Date. The effective date of this Agreement shall be the Approval Date. 4.2. Term. The term of this Agreement shall commence on the Effective Date and extend fifteen (15) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the Property. Dublin/Schaefer Ranch Development Agreement Page 3 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 ~~~~~,~ 5.1. Right to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. Notwithstanding anything to the contrary in this Agreement, the ordinances, resolutions, rules, regulations and official policies governing amendments to the Project Approvals shall be those in force and effect on the Effective Date of this Agreement. 5.2. Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by City) and other terms and conditions of development applicable to th.e Property, shall be those yet forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals. 5.3. Subsequent Discretionary Approvals. At Developer's sole discretion and in accordance with Developer's construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental orquasi-governmental entities in connection with the development of, or the provision of services to, the Project. City shall cooperate with Developer in its efforts to obtain such. permits and approvals. 6. Applicable Rules, Regulations and Official Policies. 6.1. Rules re Permitted Uses. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the ri-iaximum height, bulk and size of proposed buildings shall be those in force and effect on the Effective Date of the Agreement. 6.2. Rules re Design and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the date of this Agreement. Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable discretionary approval, whether date of approval is prior to or after the date of this Agreement. Dublin/Schaefer Ranch Development Agreement Page 4 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) .- FINAL -Schaefer Ranch South DA.DOC; 114.260 I~~ ~~ 6.3. Construction Codes Applicable. .Unless expressly provided in Paragraph 5 of this Agreement, the Project shall be constructed in accordance with the provisions of the City's building, electrical, plumbing, mechanical and housing codes as provided in Chapters 7.28, 7.32, 7.36, 7.40, 7.44 and 7.48 of the Dublin Municipal Code and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, or other construction permits for the Project. Notwithstanding anything to the contrary in the foregoing, any construction on that certain portion of the Property referred to as Parcels J and K on the final subdivision map for Schaefer Ranch (recorded in the Alameda County Recorder's QfFice on -March 8, 2007 as Series No. 2007-99392 in Map Book 297 Pages 1 through 51) shall not, during the term of this Agreement, be subject to any ordinances, rules or regulations which would require green or sustainable building design and/or construction that may be subsequently enacted by the City. 7. Subsequently Enacted Rules and Regulations. 7.1. New Rules and Regulations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the Effective Date of-this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement if: (a) the application of such new or modified ordinances, resolutions, rules., regulations or official policies would not prevent, impose a substantial financial burden on, materially delay development of the Property, or impair the rights of Developer as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules, regulations or official policies are uniformly imposed on all comparable residential projects within the City. 7.2. Approval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7.3. Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development or a voter- . approval requirement which affects the Project on all or any part of the Property, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code § 8558. In the event of a Dublin/Schaefer Ranch Development Agreement Page 5 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 :v~ ~ ~ ! ! l 1 , `~ `f building moratorium imposed as part of a declaration of a local emergency or state of emergency as described herein, the term of this Agreement shall be automatically extended for the duration of such moratorium. 8. Subsequently Enacted or Revised Fees, Assessments and Taxes. 8.1: Fees, Exactions, Dedications City and Developer agree that the fees payable and exactions required in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the General Plan shall be those set forth in the Project Approvals and in this Agreement.. The City shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement or facilities, shall not increase or accelerate existing fees, dedications of land or construction of public improvements, or impose other exactions in connection with any subsequent discretionary approval for the Property, except as set forth in the Project Approvals and this Agreement. 8.2. Revised Application Fees. Any existing application, processing and inspection fees that are revised during the term of this. Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective only; and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. 8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the, application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. 8.4. Assessments. Nothing herein shall be_construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 8.5. Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Article XIIID of the Constitution and Developer does not return its ballot, Developer agrees, on behalf of itself and its successors, that City may count Developer's ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1. Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the Effec#ive Date of Dublin/Schaefer Ranch Development Agreement Page 6 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 ,I 10. Term of Project Approvals. 10.1. Pursuant to California Government Code Section 66452.6(a), the term of the vesting tentative map described in Recital D above shall automatically be extended for the term of this Agreement. 11. Development Impact Fees. The.Project shall be subject to the City's Public Facilities Fee, Fire Facilities Fee, Downtown Traffic Impact Fee and Tri-Valley Transportation Development Fee. Developer shall pay such fees in accordance with the resolutions adopting such fees. 12. Credit Against Public Facilities Fee Section 4 of the Improvement Development Agreement for the Schaefer Ranch Project approved in 1998 provides Developer with a credit of 1.47 acres which it can use by March 8, 2017 against the Public Facilities Fee obligation for "Community Parks, Land" and "Neighborhood Parks, Land" for development on the Property. This credit may also be used against the Project's obligation under Dublin Municipal Code Chapter 9.28 (the "Quimby Act") for dedication of land, provided it is used by March 8, 2017. In addition, Developer shall be entitled to two additional "credits" against payment of the "Community .Parks, Land," "Neighborhood Parks, Land," "Community Parks, Improvements" and "Neighborhood Parks, Improvements" components of the Public Facilities Fee and the dedication provisions of Dublin Municipal Code Chapter 9.28 for the Project. First, Final Map 6765, recorded on March 8, 2007, included an offer of dedication of 4.83 acres which satisfied the "Community Parks, Land" and "Neighborhood Parks, Land" components of the Public Facilities Fee and Chapter 9.28 for 302 residential units created by Final Map 6765. If 36 of the approved 302 residential lots created by Final Map 6765 are resubdivided by a later recorded final map, resulting in construction of 36 fewer units than allowed by Final Map 6765, Developer shall be entitled to be "credited" with the "Community Parks, Land" and "Neighborhood Parks, Land" dedication of Final Map 6765 with respect to excess dedication and will not have to pay those components of the Public Facilities Fee for the Project. If fewer than 302 building permits but more than 266 building permits are issued for units to be constructed on lots created by Final Map 6765, the credit in this paragraph shall be based on any excess dedication attributable to the reduced number of units. Dublin/Schaefer Ranch Development Agreement Page 8 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 r , -~ ,.. __ ,,_~ this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or.permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be subject to approval by the City Council in accordance with Chapter 8.56. 9.2. Amendment by Mutual Consent. This Agreement may be amended or extended in writing from time to time by mutual consent of the parties .hereto and in accordance with the procedures of State law and Chapter 8.56. Any extension shall require additional consideration to the City which shall be negotiated at the time of a proposed extension. 9.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding paragraph 9.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted- uses of the Property as provided in paragraph 5.2; (c) provisions for "significant" reservation or dedication of land; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by Developer as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. The City Engineer shall determine whether a ~ reservation or dedication is "significant". 9.4: Amendment of Project Approvals. Any amendment of Project Approvals relating to: (a) the permitted use of the Property; (b) provision for reservation or dedication of land; (c) conditions, terms, restrictions or requirements for subsequent discretionary actions; (d) the density or intensity of use of the Project; (e) the maximum height or size of proposed buildings; (f) monetary contributions by the Developer; or (g) public improvements to be constructed by Developer shall require an amendment of this Agreement. Such amendment shall be limited to those provisions of this Agreement which are implicated by the amendment of the Project Approval. Any other amendment of the Project Approvals, or any of them, shall not require amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement. 9.5. Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to this Agreement prior to the date of cancellation shall be retained by City. Dublin/Schaefer Ranch Development Agreement Page 7 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 ~~~ I Second, the Project is entitled to a "credit" in the amount of the "Community Parks, Improvements" and "Neighborhood Parks, Improvements" components of the Public Facilities Fee for up to 36 units if up to 36 fewer units are constructed as part of the Final Map 6765. The credit in this paragraph shall be based on the number of reduced units. 13. Contribution for Dublin Historic Park Developer shall contribute One Million, Five Hundred Thousand dollars ($1,500,000) to the City in two payments, as follows: Developer will contribute $750,000 to City for the Dublin Historic Park when Developer has (a) obtained all discretionary land use entitlements from City for the Project (with the exception of discretionary land use entitlements for development on Parcels K and J created by Final Map 6765) and the statute of limitations for a legal challenge to all such entitlements has run without suit having been filed, or if suit is filed, a final judgment has been entered and the time to appeal has expired or (b) upon issuance of the first building permit for the Project, whether a model or production unit, whichever occurs first. Developer will contribute $750,000 to City for the Dublin Historic Park prior to issuance of the 75th building permit for the Project, whether for a model or production unit. 14. Fire Station Site Developer will reserve Parcel K, as shown on Final Map 6765 for use as a fire station site. Upon 60 days' written notice from City, Developer will dedicate Parcel K to City for use for fire protection and suppression. This reservation and dedication obligation shall terminate two (2) years following the Approval Date but shall survive termination of this Agreement if the Agreement is terminated within two years of the Approval Date. 15. Public Art Program The Project will make a monetary contribution in lieu of acquiring and installing a public art project on the Property, as provided by Dublin Municipal Code secfion 8.58.050.D. The in lieu contribution shall be as provided in Dublin Municipal Code, Chapter 8.58, and shall be used by the City towards a public art component at the Dublin Historic Park. 16. Inclusionary Zoning Ordinance The Developer shall either (a) construct seventeen (17) affordable units on the Property and receive a refund of $178,824 previously paid, or (b) construct Dublin/Schaefer Ranch Development Agreement Page 9 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 I /l it ~~ ~. 1 C ~ ~~ E ten (10) affordable units on the Property and pay in lieu fees in accordance with Dublin Municipal Code Chapter 8.68, at the rate in effect at the time of payment, for seven (7) units. The Developer shall select either (a) or (b) at the time the Developer applies for Site Development Review approval for the Project. At such time Developer may propose to construct some of the seventeen or ten affordable units on lot(s) created by Final Map 6765, provided Developer applies for and receives Site Development Review for any affordable units to be constructed on lot(s) created by Final Map 6765. All affordable units can be "granny units" or duplexes but, in either case, the units must comply with the general requirements of Section 8.68.030, including restrictions through either rental controls or resale restrictions recorded against the Property. Developer paid inclusionary in lieu fees for Final Map 6765 for fifteen (15) units, at $89,412 per unit, for a total of $1,341,180, based on a 302-unit .project. Upon recordation of a final map for the Project, 36 of the lots created by Final Map 6765 will be resubdivided and no more than 266 units can be constructed on lots created by Final Map 6765. If this occurs, Developer shall be entitled, pursuant to Dublin Municipal Code Section 8.68.040.E, to a credit in the amount of $178,824, as provided in this paragraph. If Developer constructs seventeen (17) affordable units as part of the Project, City will refund $178,824, upon issuance of a certificate of occupancy for the seventeenth unit, together with interest at the rate earned by City from the date Developer paid said $1,341,180 through issuance of such certificate of occupancy on the $178,824. If Developer constructs ten (10) affordable units, City shall provide Developer with a credit in the amount of $178,824 against payment of in lieu fees payable for the Project. The provisions of this Agreement shall constitute City Council approval for exceptions to the requirements of Chapter 8.68, as required by Dublin Municipal Code section 8.68.040. 17. Annual Review. 17.1 Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2009 and each July 15 to August 15 thereafter. 17.2 Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty (30) days' written notice that the City intends to undertake such review. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. Dublin/Schaefer Ranch Development Agreement Page 10 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South OA.DOC; 114.260 ~G~ ~- 17.3 Staff Reports. To the extent practical, City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 17.4 Costs. Costs reasonably incurred by City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. 18. Default. 18.1 Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements., expressly including the remedy of specific performance of this Agreement. 18.2 Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 18.3 No Damages Against City. Notwithstanding anything to the contrary contained herein, in no event shall damages be awarded against City upon an event of default or upon termination of this Agreement. 19. Estoppel Certificate. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the' certifying party the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of City shall be authorized to execute any certificate requested by_ Dublin/Schaefer Ranch Development Agreement - Page 11 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 --- Developer. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shall be deemed to have certified that the statements in clauses (a) through (c) of this section are true, and any party may rely on such deemed certification. Any request by Developer for a written certification to a third party shall be accompanied by payment to City of a fee for such certification in an amount established by the Council from time to time. 20. Mortgaqee Protection; Certain Rights of Cure. 20.1 Mortgaqee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or' otherwise. 20.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 20.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement. 20.3 Notice of Default to Mortgagee and Extension of Right to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the City's notice. City, through its City Manager, may extend the thirty-day cure period provided in paragraph 18.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. Dublin/Schaefer Ranch Development Agreement Page 12 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 / ~ F Y ~_ 21. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shat( not render the other provisions unenforceable, invalid or illegal. 22. Attorneys' Fees and Costs. If City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse City for all reasonable- court costs and attorneys' fees expended by City in defense of any such action or other proceeding. 23. Transfers and Assignments. 23.1 Developer's Right to Assign. All of Developer's rights, interests and obligations hereunder may be transferred, sold or assigned in conjunction with the transfer, sale, or assignment of the Property subject hereto, or any portion thereof, at any time during the Term of this Agreement, provided that no transfer, sale or assignment of Developer's rights, interests and obligations hereunder shall occur without the prior written notice to City and approval by the City Manager of City, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within ten (10) working days after Deve.loper's notice is given to City and receipt by City Manager of all necessary documents, certifications and other information required by City Manager to decide the matter. In considering the request, the City Manager shall base the decision upon the proposed assignee's reputation, experience, financial resources and access to credit and capability to successfully carry out the development of the Property to completion. The City Manager's approval shall be for the purposes of: ('a) providing notice to City; (b) assuring that all obligations of Developer are fully allocated as between Developer and the proposed purchaser, transferee or assignee; and (c) assuring City that the proposed purchaser, transferee or assignee is capable of performing. Developer's obligations hereunder not withheld by Developer pursuant to Paragraph 23.3. Notwithstanding the foregoing, provided notice is given as specified in Paragraph 24, no City approval shall be required for any transfer, sale, or assignment of this Agreement to: (1) any entity which either (i) is an affiliate or subsidiary of Developer or (ii) results from the merger of Developer or its parent or is the Dublin/Schaefer Ranch Development Agreement Page 13 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 FY ~~ s .. - ~._.: ~. purchaser of all, or substantially all, of the assets of Developer or its parent; (2) any Mortgagee; or (3) any transferee of a Mortgagee. 23.2 Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Paragraph 23._1 of this Agreement, Developer shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 23.3 Developer's Right to Retain Specified Rights or Obligations. Notwithstanding Paragraphs 23.1 and 23.2 and Paragraph 24, Developer may withhold from a sale, transferor assignment of this Agreement certain rights,. interests and/or obligations which Developer shall retain, provided that Developer specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developer's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations. 23.4. Termination of Agreement Upon Sale of Individual Lots to Public. Notwithstanding any provisions of this Agreement to the contrary, the burdens of this Agreement shall terminate as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period. of longer than one year) or sold to the purchaser or user thereof and thereupon and without the execution or recordation of any further document or instrument such lot shall be released from and rio longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is constructed on such lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall terminate as to such lot. 24. Agreement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the .Parties and their respective heirs, successors and assignees, representative, lessees; and all other persons acquiring the Property, or any portion thereof, or any interest Dublin/Schaefer Ranch Development Agreement Page 14 of 18 . For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 ~~ ~-~ ~ therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 25. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 26. Indemnification. Developer agrees- to indemnify, defend and hold harmless City, and its elected and appointed. councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which . may arise directly or indirectly as a result of any actions or inactions by the Developer, or any actions or inactions of Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of City, its contractors, subcontractors.; agents or employees or with, respect to the maintenance, use or condition of any improvement after the time it .has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). 27. Insurance. 27.1 Public Liability and Property Damage Insurance. During the term of this Agreement, Developer shall maintain in effect a policy of comprehensive general liability insurance with aper-occurrence combined single limit of not less than one. million dollars ($1,000,000.00) with a One Hundred Thousand Dollar ($100,000) self insurance retention per claim. The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause orcross-liability endorsement. 27.2 Workers Compensation Insurance. During the term of this Agreement Developer shall maintain Worker's Compensation insurance for all Dublin/Schaefer Ranch Development Agreement Page 15 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 'i persons employed by Developer for work at the Project site. Developer shall require each. contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer agrees to indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 27.3 Evidence of Insurance. Prior to City Council approval of this Agreement, Developer shall furnish City satisfactory evidence of the insurance required in Sections 27.1 and 27.2 and evidence that the carrier is required to give the City at Feast fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project. 28.. Sewer and Water. Developer acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public. agency not within the control of City. 29. Notices. All notices required or provided for under this Agreement shall b~ in writing. Notices required to be given to City shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Schaefer Rarich Holdings, LLC 4021 Port Chicago Hwy. Concord, CA 94520 Attn: General Counsel FAX No. (925) 687-3366 A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, Dublin/Schaefer Ranch Development Agreement Page 16 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 ~. T P I [ " • ~f° .. ~'y --~ %' upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 30. Agreement is Entire Understanding. This Agreement constitutes the en#ire understanding and agreement of the parties. 31. Exhibits. The following. documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property 32. Counterparts. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. 33. Recordation. City shall record a copy of this Agreement within ten (10) days following execution by all parties. [EXECUTION PAGE FOLLOWS] Dublin/Schaefer Ranch Development Agreement Page 17 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) FINAL -Schaefer Ranch South DA.DOC; 114.260 ,. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN: By: Janet Lockhart, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney DEVELOP r s: pot.e src~ APPROVED AS TO FORM: i I ~f ~ ^, A orney for Developer (NOTARIZATION ATTACHED) Dublin/Schaefer Ranch Development Agreement Page 18 of 18 For the Schaefer Ranch Holdings LLC (Schaefer Ranch South Project) 1096320.12; 114.260 ~ ~ ~1 1 Exhibit A Legal Description of Property Containing 42.7 acres, more or less. That land in the City of Dublin, County of Alameda, State of California, described as follows: Lots 261 through 2.96, Parcels M and N, Schaefer Estates Circle, Schaefer Estates Court, and Parcels J and K, all as shown on the map for Tract 6765, Schaefer Ranch, filed as Series No. 2007-99392 in Map Book 297 Pages 1 through 51, in the Office the •County Recorder of said County, on March 8, 2007. ,., , ~~ ~ / __ ;1 j ACKNOWLEDGMENT State of California County of Contra Costa On September 29, 2008 before me, Pamela Blessington, Notary Public, personally appeared Albert D. Seeno III, who proved to me on the basis of satisfactory evidence to be the person(~whose name(~is/a~subscribed to the within instrument and acknowledged to me that he/S~4eLtA~i executed the same in his/her/their authorized capacity(i~nd that by his/h~Lt~fr signature(, ,a'~on the instrument the person(~,,or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 7~~ PAMELA BLESSINGTON~ ~ COMM. ~ 1710054 t~ NOTARY pUBLN;•CAUFORNUI ~' CONTRA COTTA COUNTY MY COMM. Ex-. DEC. 11, 2010 `~ (Seal) ~~ -~ CITY CLE K File # ~~ _ AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 4, 2008 SUBJECT: PUBLIC HEARING - PA 08-005 Schaefer Ranch South: General Plan Amendment to change the existing Estate Residential and Retail/Office land use designations to Single-Family Residential, Open Space and Public/Semi-Public land uses, and a Planned Development Rezone with Stage 2 Development Plan for an 81.3+/- acre area, a Development Agreement, and a California Environmental Quality Act (CEQA) Addendum to the Schaefer Ranch Environmental Impact Report. Report Prepared by Jeff Baker, Senior Planner ATTACHMENTS: 1) Resolution adopting a CEQA Addendum to the 1996 Schaefer Ranch Final Environmental Impact Report, with the Initial Study, Addendum, and Statement of Overriding Considerations included as Exhibits A, B, and C respectively. 2) Resolution amending the City of Dublin General Plan to change the existing Estate Residential, Single-Family Residential, and Retail/Office land use designations to Single-Family Residential, Open Space, and Public/Semi-Public land use designations for the project known as Schaefer Ranch South'. 3) Ordinance approving a PD-Planned Development Rezone with Stage 2 Development Plan for the project known as Schaefer Ranch South. 4) Ordinance approving a Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC, with the Development Agreement included as Exhibit A. 5) Email correspondence from Joanne Collins dated October 10, 2008. 6) City Council Staff Report dated August 21, 2007 without attachments. 7) City Council Meeting Minutes dated August 21, 2007. 8) Planning Commission Staff Report dated .October 14, 2008 without attachments. 9) Planning Commission draft meeting Minutes dated October 14, 2008. 10) Planning Commission Resolution recommending that the City Council adopt a CEQA Addendum to the 1996 Schaefer Ranch Final Environmental Impact Report. 11) Planning Commission Resolution recommending that the City Council adopt a Resolution amending the City of Dublin General Plan to change the existing Estate Residential, Single-Family COPY TO: Property Owners ----------------------------------------------------------------- PA File _ Page 1 of 11 G:1PA#~20081PA 08-005 Schaefer Ranch South\City Councillccsr 1 L4.08 Schaefer South.DOC Attachment ~s ~~~ Residential, and Retail/Office land use designations to Smgle- Family Residential, Open Space, and Public/Semi-Public land use designations for the project known as Schaefer Ranch South. 12) Planning Commission Resolution recommending that the City Council adopt an Ordinance approving a PD-Planned Development Rezone with Stage 2 Development Plan for the project known as Schaefer Ranch South, without exhibit. 13) Planning Commission Resolution approving Vesting Tentative Tract Map 8000. 14) Planning Commission Resolution recommending that the City Council approve a Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC. RECOMMENDATION: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Take testimony from the Applicant and the public; 4) Close the Public Hearing and deliberate; and 5) Adopt the following:. a. Resolution adopting a CEQA Addendum to the 1996 Schaefer Ranch Final Environmental Impact Report (Attachment 1); b. Resolution amending the City of Dublin General Plan to change the existing Estate Residential, Single-Family Residential, and Retail/Office land use designations to Single-Family Residential, Open Space, and Public/Semi-Public land use designations (Attachment 2); c. Waive the 1St reading and introduce the Ordinance approving a PD-Planned Development Rezone with Stage 2 Development Plan (Attachment 3); and ' d. Waive the 1St reading and introduce the Ordinance approving a Development Agreement between the City of Dublin and Schaefer.Ranch Holdings LLC (Attachment 4). FINANCIAL STATEMENT: No financial impact at this time. The proposed project is consistent with the intensity of development that was anticipated for the overall Schaefer Ranch development. An economic analysis was completed as part of the original project review. This analysis shows that the proposed project will not have a negative impact on revenue for the City and that the cost of municipal services required for the project will not result in a negative impact to the City's General Fund. PROJECT DESCRIPTION: Background . The Schaefer Ranch project is described in the City of Dublin General Plan and is located within the Western Extended Planning Area. Schaefer Ranch includes approximately 500 acres located at the westerly boundary of the City Limits, north of Interstate 580 (I-580), and southeast of unincorporated Alameda County (see Map 1 below). The westerly extension of Dublin Boulevard leads into the project azea where Dublin Boulevard terminates. Page 2 of 11 36 o Q, u-!~ d orth The Schaefer Ranch project area was annexed to the City of Dublin in 1996 at the request of the property owner. The original approvals adopted by the City Council in 1996 included a General Plan Amendment (GPA) (Resolution 77-96), Planned Development Rezone (Ordinance 15-96 and Resolution 78-96), and certification of an Environmental Impact Report (EIR) (Resolution 76-96). The original approvals anticipated development of 474 single-family homes, parks, open space, commercial, and public/semi- public uses. The Planning Commission approved Vesting Tentative Map (VTM) 6765 in 1998 (Resolution 98-38). The VTM created 466 residential lots, as well as commercial, parks, and public/semi-public parcels. The City Council approved a Development Agreement for the project in 1998 (Ordinance 20-98) which expired on December 31, 2006. The Mitigation Measures contained in the Schaefer Ranch EIR and the Conditions of Approval for the VTM required the project proponent to obtain permits for impacts to wetlands, wildlife habitat, and other environmentally sensitive areas within the project from the various environmental regulatory agencies with jurisdiction over the area. The project proponent successfully obtained approval from the environmental agencies. However, the approval from the various agencies required the preservation of sensitive habitat for protected wildlife within the project area. The preservation of these areas resulted in the need to reconfigure a portion of the project which ultimately reduced the intensity of the overall development. In 2004, the Developer submitted a Lot Recontguration Concept to the City which reelected the requirements by the regulatory agencies. The Got Reconfiguration Concept included 302 residential lots (18 estate lots and 284 single-family lots), commercial parcels totaling 8.99-acres, a 10.25-acre park site, and the dedication of land to the East Bay Regional Park District (EBRPD) for a trail head staging area and trails. The lot reconfiguration concept reduced the previously approved 466 units to 302 units, a reduction of 164 units. On site open space areas were increased as a result of the lot reconfiguration. Due to resource agency requirements, the Developer also preserved approximately 248 acres of land to the north. and west of the project site with a permanent conservation easement. The City Council reviewed the Lot Reconfiguration Concept on December 21, 2004, and directed Staff to work with the Applicant to prepare a Final Map based. on the Lot Reconfiguration Concept. The Final Map for 302 residential units was deemed complete in December of 2006 and was recorded on March 8, 2007. Page 3 of 11 Map 1: Vicinity Map ..< ,..~-,ws„a~.: ~;.aa.~a;~~&~8»~s~y,:<:~,~C:.,~~.,.a~~.~.~,a~.w:~~. .s . ~z,¢.>.,,,~,~ ~ . .,. s .~~.»~M '»~ ... ..... .. . ..a,,,,,~...m.. ~. '.~.~:>.~~~m,~E,a-,~....,~.~...~x~;>,~?;' ~~ A Planned Development Rezone with Stage 2 Development Plan and a Site Development Review (SDR) were approved in 2006 to allow construction of single-family homes within Schaefer Ranch (Ordinance 11-06 and Resolution 06-17). The Schaefer Ranch project is now in construction in accordance with the above mentioned. approvals. Extensive grading activity has been completed and construction of the first phase of residential neighborhoods to the north of Dublin Boulevard is currently underway. In addition, major infrastructure has been constructed, including the Dublin Boulevard extension, Schaefer Ranch Road, a water storage tank, and storm water retention basins. In addition to the ongoing construction, Discovery Builders has entered into a written .agreement with The School of Imagination (SOI) to construct apreschool/day care facility on Parcel J of Schaefer Ranch. Discovery will lease the facility to SOI for a period of 15 years with options to extend the lease for an additional 30 years. Construction of the preschool/day care facility will require a Conditional Use Permit (CUP) and Site Development Review (SDR). These entitlements are not included in the current request and will be brought forward for consideration at a later date. Discovery's agreement to construct the preschool/day care facility is predicated on the City granting the requested entitlements. Current Request The Applicant proposes to construct 104 additional single-family homes at the southwest corner of Dublin Boulevard and Schaefer Ranch Road and facilitate future development of the School of Imagination at the southeast corner of Dublin Boulevard and Schaefer Ranch Road. On August 21, 2007, the Applicant submitted a request to initiate a General Plan Amendment for the proposed development. At that meeting, the City Council granted the Applicant's request to initiate a General Plan Amendment (GPA) Study (Attachments 6 and 7). The Applicant is currently requesting that the City Council approve the following: 1. General Plan Amendment (GPA) to modify the existing Estate Residential (0.01-0.8 du/ac) and Retail/Office land use designations to Single-Family Residential (0.9-6.0 du/ac), and increase the acreage for Open Space and Public/Semi-Public land uses; 2. Planned Development (PD) Rezone with Stage 2 Development Plan; 3. Development Agreement; and 4. CEQA Addendum to the Schaefer Ranch Environmental Impact Report (EIR). The Applicant's request also includes approval. of Vesting Tentative Map 8000 to subdivide 41.5+/- acres located at the southwest corner of Dublin Boulevard and Schaefer Ranch Road into 140 residential lots (a net increase of 104 lots}. The overall Schaefer Ranch development would have a total of 406 single- family homes which is less than the 474 units that were originally approved for the site. The Dublin Code (Section 9.04.040.A) grants authority to the Planning Commission to approve tentative subdivision maps. Please see refer to the discussion of the Planning Commission action for further inforn~ation regarding the VTM. The following is a discussion of the proposed GPA, PD Rezone and Development Agreement. ANALYSIS: General Plan Amendment The proposed GPA would modify the existing Estate Residential. (0.1-0.8 d/acre), Single-Family Residential (0.9-6.0 du/acre), and Retail/Office land Residential Retail Office ;~ N Page 4 of 11~ ` Map 2: Existing Land Use Designations - ~~ ~~~ ~~ use designations at the southwest and southeast corners of Dublin Boulevazd and Schaefer Ranch Road. Please refer to Map 2 for the location of the existing land use designations. The proposed modifications would. accommodate development of additional single-family homes, construction of the School of Imagination, and better address the existing topography of the site. Please refer to Table 2 below for a summary of the proposed land use modifications. Table 2: Existin vs. Pro osed Land Use Desi nations Land Use Designation Existing Acres Proposed Acres Estate Residential (0.01-0.8 du/ac 56.94 ac 0.00 ac Sin le-Famil Residential (0.9-6.0 dulac) 16.36 ac 29.70 ac Nei hborhood Commercial 8.00 ac 0.00 ac Public/Semi-Public 0.00 ac 1.21 ac O en S ace 0.00 ac 50.39 ac Total Acrea e: 81.30 ac 81.30 ac The southwest corner of Dublin Boulevard and Schaefer Ranch Road is currently designated Estate Residential, Single-Family Residential, and Retail/Office. The Applicant is proposing to change these land use designations to Single-Family Residential. The Single-Family Residential designation would allow for the development of detached residential units. Please refer to Map 3 for the location of the proposed land use designations. Open Space ~'~: "'~ _~4 . ~1~ _ ~ ~~. ~ ! T Single-Family 1'- Residential Dublin Blvd Fublic/Semi- Public (Parcels J&K) The area located immediately north of I-580 and Map 3: Proposed Land Use Designations east of Schaefer Ranch Road is currently designated Estate Residential, Single-Family Residential and Retail/Office. However, this area has steep slopes in excess of 30% and is not appropriate for development. Therefore, the Applicant proposes to change the land use designation for this azea to Open Space (Please refer to Map 3). The Open Space land use designation is intended to ensure protection of those azeas. The land located at the southeast corner of Dublin Boulevard and Schaefer Ranch Road (Parcels J and K on Final Map 6765 and shown on Map 2 above) has a current General Plan land use designation of Retail/Office. The original approvals for Schaefer Ranch identified Parcel J as a future day care site and Parcel K was reserved as a possible future fire .station site. In addition to the General Plan designations, the existing PD zoning requires public/semi-public uses on these parcels. The Applicant proposes to change the land use designation of these parcels to Public/Semi-Public (P/SP) in order to be consistent with the intended use of these sites as defined in the PD (Please refer to Map 3). As previously discussed, the Applicant has entered into an agreement with SOI to construct a preschoollday care facility on Parcel J The project is located within the Western Extended Planning Area of the General Plan, which does not currently have a P/SP land use designation. Therefore, Staff has prepared the following PJSP designation. This description is based on the existing P/SP designation that is described in the General Plan for the Primary Planning Area and the Eastern Extended Planning Area. The maximum FAR has been increased to 0.60 in order to accommodate the potential SOI facility. Page 5 of 11 3~ ~~ ~ 4 Public/Semi-Public Facilities (Maximum of .60 FAR; employee density: 590 square feet per employee) A combination land use category of Public Facilities land uses and Semi-Public Facilities land uses. Public Facilities are uses other than parks owned by a public agency or non profit entity that are of sufficient size to warrant d~erentiation from adjoining uses. Such uses include public schools, libraries; city office buildings; State, County and other public agency facilities; post offices; fire stations; utilities; and, Civic Center. Semi-Public Facilities uses are quasi public uses, such as child cure centers, youth centers, senior centers, special needs program facilities, religious institutions, clubhouses, community centers, community theatres, hospitals, private schools, and other facilities that provide cultural, educational, or other similar services and benefit the community. ASemi-Public Facility may be used for more than one such trse. Development of housing on a site designated on the General Plan as Semi-Public Facilities shall be considered consistent with the General Plan when it is developed by a non profit entity and series to meet affordable housing needs or the housing needs of an trnderserved economic segment of the community. Determination as to whether housing should be permitted on a specific .Semi-Public Facilities site and the acceptable density and design will be through review of a Planned Development proposal under the Zoning Ordinance. The City of Dublin has aSemi-Public Facilities Policy to increase opportunities for land where Semi- Public facilities could occur throughout the City. The Semi-Public Facilities Policy applies to all General Plan Amendment applications for the Single-Family Residential land use designation involving 150 or more units. The proposed GPA for Schaefer Ranch South involves less than 150 units. Therefore, the Schaefer Ranch South project is not subject to the Semi-Public Facilities Policy and does not have a requirement to provide additional land with aSemi-Public land use designation. The proposed General Plan Amendments are included as Attachment 2 of this Staff Report. Stage 2 Planned Development Plan/Development Standards The proposed Stage 2 Development Plan has been prepared in accordance with the Dublin Zoning Ordinance (Section 8.32.040.B) and applies to the Schaefer Ranch South project area. The proposed Stage 2 Development Plan (Attachment 3) includes: 1) statement of compatibility with Stage 1 Development Plan; 2) statement of proposed uses; 3) Stage 2 Site Plan; 4) site area and proposed densities; 5) development regulations; 6) architectural standards; and 7) preliminary landscaping plan. The following is a discussion of key elements of the proposed Stage 2 Development Plan.. Statement of Proposed Uses: The proposed Stage 2 Development Plan includes a complete list of permitted, conditionally permitted and temporary uses. These uses are consistent with the uses permitted under the existing PD for the remainder of the Schaefer Ranch development. Stage 2 Site Plan and Densities: The proposed site plan and densities are shown in Map 4 and Table 3 below and are included as part of the proposed Stage 2 PD Ordinance (the Single-Family Residential land use designation density range is 0.9-6.0 du,~acre). The proposed land uses and densities are consistent with the proposed GPA. PD Single-Family '' Residential PD Open Space Dublin Blvd Map 4: Stage 2 PD Site Plan Page 6 of 11 ~~ ~~ TAhle 3: Site Area and Proposed Densities l Land Use Designation Gross Acres Net Acres Number of Units Gross Densi Net Densi ~ Sin le-Famil Residential 29.70 ac 22.35 ac 140 units '4.71 du/ac 6.26 du/ac O en S ace 50.39 ac 47.22 ac n/a n/a n/a Total: 80.09 ac 69.57 ac 140 units 4.71 du/ac 6Z6 du/ac DeveloQment Standazds/Re lagu tions: The proposed Development Standards address things such as maximum lot coverage, building heights and setbacks, usable yard requirements, and options for caritas. Please refer to Attachment 3, page 5 for the proposed Development Standards. Architectural Standards: There are five (5) architectural styles provided in the Stage 2 Development Plan. The variety of architectural styles will provide visual interest and identity for each neighborhood street. The architectural elements .will be articulated and themed to represent a variety of styles through color, texture, and- massing details. The architectural styles, along with design elements, are provided on page 7 of Attachment 3. The development and architectural standazds are consistent with the previously approved Schaefer Ranch project and the lot sizes aze comparable to the existing lots within Schaefer Ranch. An SDR is required for construction of the units on the proposed lots. The Applicant is not proposing an SDR at this time. Therefore, the SDR will be brought forward for consideration at a future public hearing. Preliminary Landscape Plan: A Preliminary Landscape Plan has been prepared to address the project backbone landscaping. The Preliminary Landscape Plan includes conceptual neighborhood entries, streetscape and common area landscape treatment, and wall and fencing details. The Preliminary Landscape Plan has been incorporated into the Stage 2 Development Plan and is consistent in design with landscaping for the approved project. The proposed Stage 2 Development Plan is included in Attachment 3. Development Agreement The Development Agreement provides security to the Developer that the City will not change its zoning and other laws applicable to the project for a period of fifteen yeazs. In return, the Developer agrees to comply with the Conditions of Approval and make commitments which the City might otherwise not have the authority to compel. The Development Agreement was negotiated by the City Manger and drafted by the City Attorney with input from Staff and the Applicant to meet the needs of the City. The proposed Development Agreement includes an exception, to the Inclusionary Zoning Regulations (Zoning Ordinance Chapter 8.68). The Development Agreement allows the developer to meet the obligation to provide 17 affordable units for the 140-unit subdivision by constructing "granny units" or duplexes. The Development Agreement further allows the developer to construct the 17 affordable units within the 140-unit subdivision, or to construct the affordable units on lots throughout the overall Schaefer Ranch development. Under the terms of the proposed Development Agreement, the Developer will reserve the 0.65-acre parcel at the southeast corner of Dublin Boulevazd and Schaefer Ranch Road (Parcel K on Final Map 6765) as a fire station site. Under the terms of this agreement, the reservation will terminate in 2 years if not exercised by the City. This site was previously reserved as a fire station site under the original Development Agreement that was approved in 1998 and has since expired. Page 7 of 11 ~~ ~ ~ ~ The Development Agreement also provides that the Developer will make a financial contribution for public art at the Dublin Historic Park. The in-lieu fee contribution will be made in accordance with the Dublin Public Art Program (Zoning Ordinance Chapter 8.58). The Development Agreement further obligates the Developer to make a financial contribution of $1,500,000 to the City for construction of the Dublin Historic Park. The Developer will contribute $750,000 when the Developer receives all discretionary land use entitlements from the City or upon issuance of the lst building permit in the 140-unit subdivision, which ever comes first. The Developer will contribute the remaining $750,000 to the City prior to issuance of the 75~' building permit in the 140- unit subdivision. The proposed Development Agreement is included as Exhibit A to Attachment 4. Inclusionary Zoning/Affordable Housing The project is subject to the City's Inclusionary Zoning Regulations which will be addressed at a later time by a separate Affordable Housing Agreement approved by the City Council. This Agreement must be finalized prior to approval of a Final Map or Site Development Review, which ever occurs first. Planning Commission Action -October 14, 2008 On September 9, 2008 the Planning Commission held a Public Hearing to review the proposed GPA, PD Rezone with Stage 2 Development Plan, Development Agreement, and CEQA Addendum in order to make a recommendation to the City Council (Please refer to the October 14, 2008 Planning Commission Staff Report and draft Meeting Minutes included as Attachments 8 and 9). The Community Development Department received an email correspondence from the Boazd of Directors for the California Highlands Homeowners Association prior to the Planning Commission meeting on October 14, 2008. This correspondence was distributed to the Planning Commission. The letter raised concerns about the proposed project and its impact on traffic and resources, and the loss of the commercial land use within the Schaefer Ranch project. A copy of this correspondence is included as Attachment 5. No members of the public spoke at the Planning Commission meeting regarding this project. No additional correspondence has been received regarding this application as of the time this Staff Report was prepazed. The Planning Commission discussed the proposed land use designations, loss of the commercial sites within Schaefer Ranch, traffic impacts and environmental impacts as a result of the project, and the terms of the Development Agreement. The Planning Commission felt that it would be appropriate to accelerate the Developer's financial contribution to the City for construction of the Dublin Historic Park as described in the draft Development Agreement. The Planning Commission recommends that the developer contribute the funds as follows: Contribute $350,000 on June 1, 2009; Contribute $400,000 when Developer has (a) obtained all discretionary land use entitlements from City or (b) upon issuance of the first building permit for the Project, whichever occurs first; and ^ Contribute $750,000 prior to issuance of the 75th building permit for the Project. The existing draft Development Agreement (included as Exhibit A to Attachment. 4) requires the Developer to contribute funds as follows: Page 8 of 11 ~a~~~ Contribute $750,000 when the Developer has (a) obtained all discretionary land use entitlements from the City of (b) upon issuance of the first building permit for the Project, whichever occurs first; and Contribute $750,000 prior to issuance of the 75~' building permit for the Project. The Development Agreement was negotiated by the City Manager and drafted by the City Attorney. The draft Development Agreement and the funding stream meet the needs of the City for construction of the Dublin Historic Park. Therefore, Staff does not recommend the modifications to the Development Agreement that were proposed by the Planning Commission. However, if the City Council feels that the proposed modification to the timing of the Developer's financial contribution for construction of the Dublin Historic Pazk is appropriate, the City Council should direct Staff to incorporate this modification into the draft Development Agreement. The Planning Commission also reviewed the request for Vesting Tentative Map (VTM) 8000 which subdivides 41.5+/- acres located at the southwest corner of Dublin Boulevard and Schaefer Ranch Road. VTM 8000 creates 140 single-family residential lots, a pedestrian paseo, common azea landscape parcels, and related roadways to serve the subdivision. The approval of the VTM is contingent upon the Applicant receiving approval of the associated GPA and PD Rezone. This project site was previously subdivided into 12 estate lots, 24 single-family lots, and a 5.69-acre commercial parcel (Final Map 6765). The proposed subdivision map would eliminate the existing estate lots, single-family residential lots, and the commercial parcel in this azea, resulting in a net increase of 104 residential lots as shown in Table 1 below. The overall Schaefer Ranch development would have a total of 406 single-family homes. The total number of residential units would be less than the 474 units that were originally contemplated and approved for the entire Schaefer Ranch project site in 1998. Table 1-Residential Lot Unit Count 140 Pro sed Lots -12 Existin Estate Lots -24 Existin Sin le-Famil Lots 104 Additional Lots On a motion, the Planning Commission voted unanimously to recommend that the City Council approve the proposed GPA, PD Rezone, and CEQA Addendum. The Planning Commission recommended approval of the Development Agreement with the proposed modification to the timing of the financial contribution to construct the Dublin Historic Pazk. The Planning Commission also approved VTM 8000 subject to City Council approval of the proposed GPA and PD Rezone (Attachments 10 through 14). ENVIRONMENTAL REVIEW: The Schaefer Ranch Environmental Impact Report (EIR) (SCH #95033070) was certified by the City Council on July 9, 1996 (Resolution 76-96). The project analyzed in the Schaefer Ranch EIR included a total of 474 residential units and 10.7-acres of commercial development. Vesting Tentative Map 6765 was subsequently approved by the Planning Commission in 1998 (Resolution 98-38) creating 466 residential lots. Final Map 6765 was recorded on March 8, 2007, creating 302 residential units and commercial parcels totaling 7.99-acres. The proposed Schaefer Ranch South development would replace 12 estate lots and a 5.69-acre commercial site with 104 additional single-family lots. If approved, the Schaefer Ranch development would include a total of 406 lots (400 single-family lots and 6 estate lots), which is less than the 474 units studied in the Schaefer Ranch EIR. Page 9 of 11 ~3 ~ ~ The proposed project also includes future development of a preschool/day care facility on Parcel J of Fin Map 6765. The EIR previously contemplated commercial development consistent with apreschool/day care facility on Parcel J. The City prepared an Initial Study to determine whether there could be significant environmental impacts occurring as a result of this project beyond or different from those already addressed in the Schaefer Ranch EIR. The Initial Study concluded that the proposed project could not have a significant effect on the environment beyond or different from those already addressed in the Schaefer Ranch EIR, and no significant information has arisen for this project during the prepazation of this Initial Study that would require further environmental review. Therefore, an Addendum to the EIR was prepared documenting these facts. The City Council adopted a Statement of Overriding Considerations in 1996 for those project impacts that were identified in the Schaefer Ranch EIR as significant and unavoidable. Pursuant to a 2002 court decision, the City Council must adopt a new statement of overriding considerations for the previously identified unavoidable impacts that apply to the proposed project. Therefore, a Statement of Overriding Considerations is included as Exhibit C to Attachment 1. A Resolution adopting the CEQA Addendum with the Initial Study, CEQA Addendum and Statement of Overriding Considerations are included as Attachment 1, Exhibits A, B, and C respectively, of this Staff Report. CONCLUSION: The proposed project complements the existing, Schaefer Ranch development by providing land uses and a street system that are compatible with the existing project approvals. The proposed PD Zoning and Stage 2 Development Plan are consistent with the General Plan land use designations as proposed to be amended. The VTM would create 140 single-family lots (a net increase of 104 lots) that are consistent with the proposed land use designations and would implement the Stage 2 Development Plan. The proposed Development Agreement is consistent with the General Plan as amended, and all project approvals. An Initial Study was prepared to evaluate the potential for environmental impacts and a CEQA Addendum was prepared for the project. An SDR is required for construction of units on the proposed lots and for the future School of Imagination facility. The Applicant is not proposing an SDR at this time. Therefore, the SDR for these projects will be brought forward for consideration at a future public hearing. NOTICING: In accordance with State law, a public notice regarding this hearing was mailed to all property owners and occupants within 300 feet of the proposed project. A public notice was also mailed to all property owners and occupants of the California Highlands development which is located immediately to the east of the Schaefer Ranch development on Dublin Boulevazd. A public notice was also published in the Valley Times and posted at several locations throughout the City. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Take testimony from the Applicant and the public; 4) Close the Public Hearing and deliberate; and 5) Adopt the following: a) Resolution adopting a CEQA Addendum to the 1996 Schaefer Ranch Final Environmental Impact Report (Attachment 1); b) Resolution amending the City of Dublin General Plan to change the existing Estate Residential, Single-Family Residential, and RetaiUOff~ce land use Page 10 of 11 4~i `f" ~" designations to Single-Family Residential, Open Space, and Public/Semi-Public land use designations (Attachment 2); c) Waive the 1St reading and introduce the Ordinance approving a PD-Planned Development .Rezone with Stage 2 Development Plan (Attachment 3); d) Waive the 1St reading and introduce the Ordinance approving a Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC (Attachment 4). Page 11 of 11