HomeMy WebLinkAboutPC Reso 15-03 DA Amdmt Dublin Crossing RESOLUTION NO. 15-03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE
DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately
189 acres in size and is generally bound by 5th Street to the north, Scarlett Drive to the
west, Dublin Boulevard to the south, and Arnold Road to the east; and
WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and
WHEREAS, on March 17, 2015, the City Council directed Staff to prepare Amendment
No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture
LLC related to the Dublin Crossing Project that would accompany proposed amendments to the
General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21,
2015, incorporated herein by reference, was prepared, which describes the proposed
amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin
Specific Plan, the Amendment No. 1 to the Dublin Crossing Development Agreement and its
relation to the analysis in the Dublin Crossing EIR; and
WHEREAS, the proposed Development Agreement is attached to this Resolution as
Exhibit A-1; and
WHEREAS, on May 12, 2015, the Planning Commission held a public hearing on the
proposed Development Agreement; and
WHEREAS, proper notice of the public hearing was given in all respects as required by
law; and
WHEREAS, the Staff Report was submitted recommending that the Planning
Commission recommend that the City Council adopt an Ordinance approving Amendment No. 1
to the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby recommend that the City Council make the following findings and determinations
regarding Amendment No. 1 to the Development Agreement:
1. Amendment No. 1 to the Development Agreement is consistent with the
objectives, policies, general land uses and programs specified and contained in the City's
General Plan and in the Dublin Crossing Specific Plan, as amended, in that: (a) Amendment
No. 1 to the Development Agreement incorporates the objectives policies, general land uses
and programs in the General Plan and Specific Plan and does not amend or modify them; and
(b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with
respect to the provision of infrastructure and public services.
2. Amendment No. 1 to 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 because Amendment No. 1 to the Development Agreement does not amend the uses
or regulations in the applicable land use district.
3. Amendment No. 1 to 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 Dublin Crossing Specific Plan and the General
Plan, as amended.
4. Amendment No. 1 to the Development Agreement will not be detrimental to the
health, safety, and general welfare in that the Developer's proposed project will proceed in
accordance with all the programs and policies of the General Plan, Dublin Crossing Specific
Plan, as amended, and future Project Approvals and any Conditions of Approval.
5. Amendment No. 1 to 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, the Dublin Crossing Specific Plan, as amended, and future
Project Approvals.
6. Amendment No. 1 to the Development Agreement does not change the duration of
the agreement, the permitted uses of the property, the density or intensity of use, the maximum
height and size of proposed buildings, and provisions for reservation or dedication of land for
public purposes. The original Development Agreement continues to contain an indemnity and
insurance clause requiring the developer to indemnify and hold the City harmless against claims
arising out of the development process, including all legal fees and costs.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning
Commission does hereby recommend that the City Council adopt the Ordinance, attached as
Page 2 of 3
Exhibit A-1, approving Amendment No. 1 to the Development Agreement between the City of
Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project.
PASSED, APPROVED AND ADOPTED this 12th day of May 2015.
AYES: Do, Bhuthimethee, Kohli
NOES: Mittan
ABSENT:
ABSTAIN: Goel
Planning-Commissionn Chairperson
ATTEST:-/
Assistant mmunity Development Director
G:1PA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC Mtg Att 3-PC Reso DA.docx
Page 3 of 3
ORDINANCE NO. xx-15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * � * * * * * * * � * * * * * � � * * * * *
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE
DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. On November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students;
and
B. On March 17, 2015, the City Council directed Staff to prepare Amendment No. 1 to
the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC
related to the Dublin Crossing Project that would accompany proposed amendments to the
General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and
C. Pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015,
incorporated herein by reference, was prepared, which describes the proposed amendments to
the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan, the
Amendment No. 1 to the Dublin Crossing Development Agreement and its relation to the
analysis in the Dublin Crossing EIR; and
D. Amendment No. 1 to the Development Agreement will vest the Project Approvals.
E. The Planning Commission held a public hearing on Amendment No. 1 to the
Development Agreement on May 12, 2015, for which public notice was given by law; and
F. The Planning Commission made its recommendation to the City Council for
approval of Amendment No. 1 to the Development Agreement by Resolution.
G. A public hearing on the proposed Development Agreement was held before the
City Council on , 2015 for which public notice was given as provided by law.
�xN f1 i o
AT'I'ACIII7P;NT 3
H. The City Council has considered the recommendation of the Planning
Commission, including the Pianning 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, as amended; (c) the Dublin Crossing Specific Plan, as
amended, (d) the CEQA Addendum for proposed Dublin Crossing Project Amendments; (e) the
Staff Report; (fl information in the entire record of proceeding for the Project, and on the basis of
the specific conclusions set forth below, the City Council finds and determines that:
1. Amendment No. 1 to the Development Agreement is consistent with the
objectives, policies, general land uses and programs specified and contained in the City's
General Plan and in the Dublin Crossing Specific Plan, as amended, in that: (a) Amendment
No. 1 to the Development Agreement incorporates the objectives policies, general land uses
and programs in the General Plan and Specific Plan and does not amend or modify them; and
(b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with
respect to the provision of infrastructure and public services.
2. Amendment No. 1 to 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 because Amendment No. 1 to the Development Agreement does not amend the uses
or regulations in the applicable land use district.
3. Amendment No. 1 to 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 Resolution No. XX-XX, amending the General Plan,
Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan, adopted by the City
Council on , 2015.
4. Amendment No. 1 to the Development Agreement will not be detrimental to the
health, safety, and general welfare in that the Developer's proposed project will proceed in
accordance with all the programs and policies of the General Plan, Dublin Crossing Specific
Plan, as amended, and future Project Approvals and any Conditions of Approval.
5. Amendment No. 1 to 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, the Dublin Crossing Specific Plan, as amended, and future
Project Approvals.
6. Amendment No. 1 to the Development Agreement does not change the duration of
the agreement, the permitted uses of the property, the density or intensity of use, the maximum
height and size of proposed buildings, and provisions for reservation or dedication of land for
public purposes. The original Development Agreement continues to contain an indemnity and
insurance clause requiring the developer to indemnify and hold the City harmless against claims
arising out of the development process, including all legal fees and costs.
2
Section 3. APPROVAL
The City Council hereby approves Amendment No. 1 to the Development Agreement
(Exhibit A-1 to the Ordinance) and authorizes the City Manager 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 day of
, 2015 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
3
RECORDING REQUESTED BY: -
CITY OF DUBLIN
When Recorded Maii 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
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DUBLIN CROSSING VENTURE LLC
RELATING TO THE
DUBLIN CROSSING PROJECT
EXHIBIT A-1 TO
ATTACHMENT 3
THIS AMENDMENT ("Amendment") is made and entered in the City of
Dublin on this _ day of , 2015, by and between the City of Dublin, a
Municipal Corporation (hereafter "City"), DUBLIN CROSSING VENTURE, LLC, a
Delaware 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. City and Developer are from time-to-time
individually referred to in this Amendment as a "Party" and are collectively
referred to as "Parties".
RECITALS
1. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Development Agreement Statutes")
authorize the City to enter into an agreement for the development of real property
with any person having a legal or equitable interest in such property in order to
establish certain development rights in such property.
2. Pursuant to that authority, City and Developer entered into that
certain "Development Agreement Between the City of Dublin and Dublin
Crossing Venture LLC," dated November 19, 2013 and recorded in the Official
Records of Alameda County ("Official Records") on June 4, 2014 as document
number 2014134795 (the "Agreement"). Amendments to the Agreement are
permitted by the mutual consent of the Parties in accordance with Article 13.2 of
the Agreement and by the Development Agreement Statutes.
3. The Developer's original entitlements (described as the "Existing
Project Approvals" in the Agreement) allowed for the construction of up to 1,995
single- and multi-family residential units; up to 200,000 square feet of retail,
office, and/or commercial uses; a 30 acre Community Park; a 5-acre
Neighborhood Park, and a 12 acre elementary school site.
4. The Dublin Unified School District has stated it is unlikely that it will
have the ability to acquire the 12-acre elementary school site in the near term,
given the current land value of approximately $36,000,000.
5. Developer and City reached a tentative agreement that would allow
the transfer of the future school site to the City at no cost in exchange for
modification to the entitlements for the Dublin Crossing Project. These
modifications (which were processed in conjunction with this Amendment)
required amendments to the Dublin Crossing Specific Plan and to the Dublin
Crossing Project Development Agreement (the "Subsequent Project
Approvals"), but did not increase the current maximum number of housing units
allowed in the Project.
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project �
6. Parties now wish to amend the terms of the Agreement to reflect
the changes to the entitlements, to remove the requirement to provide
construction funding for a 5-acre Neighborhood Park (which Neighborhood Park
the entitlements eliminate), to reduce the total Community Benefit Payment by
$1,200,000, and to include language related to the no-cost transfer of the school
site, among other complementary and/or conforming amendments.
7. On May 12, 2015 the Planning Commission held a public hearing
with respect to this Amendment and the Project Approvals described below and
adopted Resolution No. 15- recommending that the City Council approve
Amendment No. 1 to the Development Agreement.
8. On , 2015 the City Council held a public hearing with respect
to the following approvals and approved the following: an amendment to the
Dublin Crossing Specific Plan, (Resolution No. ) and the DA
Amendment Approving Ordinance (defined below) (the "Project Approvals").
9. City undertook, pursuant to the California Environmental Quality Act
(Public Resources Code Section 21000 et seq., hereinafter "CEQA"), the
required analysis of the environmental effects that would be caused by the
Existing Project Approvals and determined those feasible mitigation measures
which will eliminate, or reduce to an acceptable level, the adverse environmental
impacts of the Existing Project Approvals. The environmental effects of the
proposed development of the Property were analyzed by the Final Environmental
Impact Report (the "FEIR") certified by City on November 5, 2013. In conjunction
therewith, City also adopted a mitigation monitoring and reporting program (the
"MMRP") to ensure that those mitigation measures incorporated as part of, or
imposed on, the Project are enforced and completed. Those mitigation
measures for which Developer is responsible are incorporated into, and required
by, the Project Approvals.
10. In conjunction with its review of the Subsequent Project Approvals,
the City prepared an addendum to the FEIR that concluded that none of the
conditions described in CEQA Guidelines section 15162 calling for the
preparation of a subsequent EIR have occurred.
11. On , 2015, the City Council of the City of Dublin
adopted Ordinance No. approving this Amendment No. 1 to the
Development Agreement ("DA Amendment Approving Ordinance"). The
ordinance took effect on , 2015 (the "Amendment 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:
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 2
AGREEMENT
Section 1. The parties agree that the Project Approvals will be treated
as Subsequent Project Approvals as that term is defined in the Agreement.
Section 2. Section 6.1 of the Agreement is amended to read in its
entirety as follows:
"6.1 Development Aqreement Fee� Due On a Per-Unit Basis at Final
Map. Prior to the City's approval of each final map creating individual lots for
residential units, Developer shall pay the City a development agreement fee (the
"Development Agreement Fee") calculated as follows: the number of residential
lots (or condominium parcels) that would be created by the final map multiplied
by $22,941.96. For maps that create condominiums, the tentative and final map
shall indicate the maximum number of units permitted by the final map, and the
Development Agreement Fee paid shall be based on the maximum number of
units permitted by the map. For maps creating fewer than 40 lots or condominium
units, the Development Agreement Fee shall be based on 40 lots or
condominium units. In the event that Developer seeks a site development review
("SDR") approval for residential units for which the per unit fee has not been paid
(e.g. apartment projects), Developer shall pay the per-unit fee amount at the time
of SDR approval. The per-unit fee amount ($22,941.96 per residential unit) shall
not be adjusted for inflation. At such point as Developer has paid Development
Agreement Fees or advances equal to $36,707,142 in the aggregate, Developer
shall no longer be obligated to pay the Development Agreement Fee required by
this subsection. As detailed in Exhibit E, the $22,941.96 per residential unit fee
generates $36,707,142 at the point when 1,600 units are mapped in the Project.
The Development Agreement Fee was determined based on six separate
components described in this Agreement: (a) Park Construction, § 9.6; (b)
Community Benefit, § 7; (c) Iron Horse Bridge Design, § 10.3.1; (d) Iron Horse
Bridge Construction; § 10.3.2; (e) ACSPA Property Acquisition Contribution, §
9.8; and (fl Park Maintenance Endowment, § 9.7. The City is requiring the
payment of the Development Agreement Fee as a condition to development of
the Property. The Parties agree that the City shall be deemed for all purposes to
be requiring the payment of the Development Agreement Fee as a condition to
development of the Property and that the Development Agreement Fee should
be considered a supplemental fee and, in all aspects of its application and
implementation, should not be deemed a waiver or fee reduction of any kind. If
at any point the City Council determines that at full buildout development on the
Property will not or is unlikely to produce 1,600 units, the City may withhold
further approvals, including final maps, until such time as Developer provides
adequate assurances that the City will receive the entire $36,707,142 in
Development Fee revenue."
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 3
Section 3. Section 7 of the Agreement is amended to read in its entirety
as follows:
"7. Community Benefit Payment.
7.1 Developer has agreed, as partial consideration for the City's
entering into this agreement, to contribute to the City over the course of the
Project the sum of $17,500,000 as a Community Benefit Payment, in accordance
with the following schedule and requirements.
7.2 The Community Benefit Payment is a component of the
Development Agreement Fee and will be paid as specified in section 6.1, except
that, if the City has not received the following amount, exclusive of Development
Agreement Fee component payments previously applied, by the applicable
deadline below, Developer shall, on or before the applicable deadline, make an
advance of Development Agreement Fees equal to the difference between the
amount of Development Agreement Fees the City had previously received,
exclusive of Development Agreement Fee component payments previously
applied, and the amount set out below.
Payment Amount Deadline
First $10,000,000 24 months following the
Project Approval Date
Second $5,000,000 48 months following the
Project Approval Date
Third $2,500,000 At recordation of the last final
map in Phase 4 of the Project
(see Exhibit D)
The "Project Approval Date" shall be the date upon which all appeal, legal
challenge and rehearing periods relating to the Existing Project Approvals shall
have expired without legal challenge, or, if any appeal, legal challenge or
rehearing request is filed against the City challenging such Project Approvals, the
date upon which all such challenges are finally dismissed and either (a) all of
such Project Approvals remain effective or, (b) have been reaffirmed, if required
by the resolution of the challenge(s). The Parties agree that any payment
deadlines under this Section that occur during the pendency of any appeal, legal
challenge or rehearing request filed against the City challenging any of the
Subsequent Project Approvals shall be extended to a date 30 days following the
finality of any such appeal, legal challenge, or rehearing request. Notwithstanding
any other provision of this Agreement, the Developer shall not be required to
make the foregoing payments if the City Council elects for any reason not to form
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 4
a CFD proposed by Developer that meets the requirements of Section 8.
Notwithstanding anything to the contrary in this Agreement, if any payment under
this subsection is not received in full by the City by the deadline for such
payment, the City may withhold further issuance of building permits and other
approvals, including final maps, for the Project until such time as Developer has
made the required payment."
Section 5. Section 9.1 of the Agreement is amended to read in its
entirety as follows:
"9.1 Parkland Dedication. Except as specified in Section 9.8, the
Project proposed by Developer includes the dedication of 30 net acres of
community parkland. Developer shall dedicate the specified parkland with the
first final map in the Project phase specified below, or earlier:
Project Size of dedication
Phase
1st Phase 2 10 net acres of community park land
(includes 8.7 acres in exchange for
ACSPA Property transfer by City under
section 9.8.)
2nd Phase 3 10 net acres of community park land
3rd Phase 5 10 net acres of community park land
Net acreage is measured at the property line of the park parcels dedicated by
Developer and does not include land area currently owned by the City or land
area within adjacent existing or future street right of ways. Other than the creek
and the 50-foot buffer boundary from top of bank on either side of the creek, net
acreage does not include land that is encumbered by use restrictions, unless the
use restrictions are approved by the City. The City acknowledges that the
portions of the 30 acres may be subjected to the following reasonable
restrictions: active sports fields, certain species of plantings, and the use of
motorized vehicles. If resource agencies require use restrictions that are not
acceptable to the City in the area beyond the 50-foot buffer boundary from top of
bank on either side of the creek, Developer shall identify additional acreage to
meet the net 30 acre requirement. This obligation shall be satisfied prior to the
issuance of the first building permit in Phase 2, and the City may withhold further
building permits outside of Phase 1 until it is satisfied.
The Parties agree that, in the event of substantial revisions to the
geography of the Project phases (as determined by the City Manager), this
Agreement shall be promptly amended to revise Exhibit D and to reflect the
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 5
impact the revised phases have on provisions of this Agreement that reference
the Project phases, which include, but are not limited to, this Section 9.1 and
Sections 9.6 and 9.8. The City Manager may approve insubstantial revisions to
Exhibit D requested by Developer and if such revisions are so approved the
revised Exhibit D shall automatically become annexed to this Agreement and
shall replace the prior Exhibit D and the Parties shall be authorized to and shall
replace the prior Exhibit D with the new Exhibit D in each copy of the
Agreement."
Section 6. Section 9.2 of the Agreement is amended to read in its
entirety as follows:
"9.2 Public Facilities Fee and Quimby Requirements For Land
Dedications. In the aggregate, the dedications required by this Agreement,
including the dedication of the school site pursuant to Section 12 on which the
City intends to provide for a minimum of 5 acres of joint school/park use, and the
Developer's contribution toward the City's purchase of the ACSPA Property
pursuant to Section 9.8.3, satisfy the community park land component of the
City's Public Facilities Fee and the parkland dedication requirements of Chapter
9.28 of the Dublin Municipal Code for up to 1,995 residential units and for all of
the commercial development proposed on the Specific Plan. Except as
otherwise specified in this Agreement, development in the Project and on the
Property shall be subject to all other components of the Public Facilities Fee. At
the time of dedication on the final map, provided that Developer (a) enters into an
improvement agreement in conjunction therewith and (b) provides evidence,
acceptable to the City Engineer, demonstrating that the land to be conveyed
(including any imported fill) meets California Department of Toxic Substances
Control standards applicable to residential development or such lesser standard
acceptable to the City, the City will promptly upon receipt of such evidence
indicate in its records that Developer has made such a dedication, and those
records will be used to determine whether the Developer has satisfied its
obligations under the community park land component of the City's Public
Facilities Fee and the parkland dedication requirements of Chapter 9.28 of the
Dublin Municipal Code. The City's records of the dedications shall be expressed
in acres of community and neighborhood parkland as follows:
Dedication Neighborhood Park Community Park
1 st 3 acres 7 acres
2nd 2.170 acres 5.063 acres
3rd 3 acres 7 acres
When the previous dedications are used to satisfy the obligations as to individual
maps and building permits, the unapplied dedications reflected in the City's
records shall be reduced to reflect the equivalent in acreage of the fee
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 6
component for which previous dedications were used. If Developer does not
have sufficient unapplied dedication acreage when it seeks approval for a
particular map or building permit, it may, instead of paying the applicable fees in
lieu of parkland dedication or the community park land component of the Public
Facilities Fee, provide security acceptable to the City that secures payment of
such fees. Upon its receipt of parkland dedications to satisfy the obligations so
secured, the City will promptly reduce the security in an equivalent amount."
Section 7. Section 9.3 of the Agreement is amended to read in its
entirety as follows:
"9.3 Stormwater Facilities. The City will allow underground stormwater
detention facilities within the 30 acre net community park, not to exceed a
footprint of 87,120 square feet, and in locations acceptable to the City. The
underground stormwater facilities shall include a minimum cover acceptable to
the City."
Section 8. Section 9.5 is amended to read as follows:
"9.5 City Obligation to Improve Parkland. City will complete each of the
three park phases within 24 months of (a) the City accepting the applicable
dedication pursuant to Section 9.4 and (b) Developer providing the required
funds for the applicable park phase's construction pursuant to section 9.6. The
24-month period will not commence until the Parties have confirmed in writing
that the criteria have been satisfied."
Section 8. Section 9.6 of the Agreement is amended to read in its
entirety as follows:
"9.6 Project's Obliqation to Fund Park Construction. The Project's
contribution to fund park construction shall be $4,285,714 for each of the three
community park phases which may reimbursed through the CFD. These
contributions exceed the amounts otherwise required to be contributed by
Developer under the Public Facilities Fee for park improvements and shall
therefore be deemed to satisfy the Project's obligations to fund park
improvements under the Public Facilities Fee. Upon request of Developer, the
City shall apply previously collected Development Agreement Fees revenues,
exclusive of Development Agreement Fee component payments previously
applied, toward the required contribution. If such application of Development
Agreement Fees is insufficient to satisfy the required contribution, Developer may
advance the necessary funds under Subsection 6.3 in order to trigger the City's
park improvement obligations under Section 9.5. In any event, Developer shall
make the following contributions for each phase of the park, by requesting
application of previously collected Development Agreement Fees toward the
contribution, making a Development Agreement Fee advance, or both, no later
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project �
than: the first recorded subdivision map creating residential lots for a $100,000
contribution to be used for the preparation of a master plan for the community
park; the first recorded subdivision map in Phase 2 for the first $4,285,714
contribution (less the $100,000 contribution previously for the master plan); the
first recorded subdivision map in phase 3 for the second $4,285,714 contribution;
and the first recorded subdivision map in phase 5 for the last $4,285,714
contribution. In addition, with the submission of the first subdivision map creating
residential lots in Phase 1, the Developer shall prepare, at its own expense, a
traffic circulation analysis to determine the appropriate location of the Community
Park parking lot and driveway entrance(s) for review and approval by the City
Engineer. The report shall evaluate the location of potential driveways on
Scarlett Drive and how they would interact with the existing intersection at
Houston Place as well as consider connectivity of the future parking lot(s) to both
G Street and Scarlett Drive. The results of the analysis will be incorporated in
the subsequent Project Approvals. The Developer shall not be required to make
the contributions required by this paragraph to the extent that they are due after
the contingent event described in Section 6.2 above occurs. If such contingent
event does occur, and the contributions required by this paragraph cease,
Developer shall, so as to avoid a significant impact pursuant to Impact 3.11-4
described in the FEIR, thereafter be required to pay the community park
improvements component of Public Facilities Fee and the neighborhood park
improvement component of the Public Facilities Fee as it applies in Eastern
Dublin. The City shall use the contributions made pursuant to this Section only
for the improvement of parks within the Specific Plan area.
9.6.1 Public Facilities Fee Payment Security. Developer's contributions
as specified above shall be deemed to satisfy its obligation to contribute to
Community and Neighborhood Park Improvements under the Public Facilities
Fee Program. If, however, at the time Developer seeks to file a final map
Developer has not made the required contributions in amounts sufficient to
satisfy the final map's Park Construction obligation, Developer shall provide
security acceptable to the City that ensures payment of the community park
improvements component of Public Facilities Fee for the units and the
neighborhood park improvement component of the Public Facilities Fee
applicable in Eastern Dublin. For the purposes of this paragraph, Developer
shall upon each $4,285,714 contribution be deemed to have satisfied its
obligations for 665 residential units. The contributions may be used to reduce
previously posted security under this paragraph and to avoid the requirement to
post security under this paragraph."
Section 9. Section 12 of the Agreement is amended to read in its
entirety as follows:
"12. School Site. Developer shall dedicate to the City the 12 net acre
school site with the first final map in Project Phase 3. The 12 net acre school site
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project $
is designated Parcel 27 on Vesting Tentative Map 8150 and is bounded by D
Street, G Street, F Street, and Central Parkway. The dedication will, upon
satisfaction of the criteria in Section 9.2 for such treatment, be noted in the City's
records as a dedication of 3 acres of parkland for the purposes of the
Developer's satisfaction of its obligations under the community park land
component of the City's Public Facilities Fee and the parkland dedication
requirements of Chapter 9.28 of the Dublin Municipal Code. The City will accept
the school site upon satisfaction of the requirements set forth in Section 9.4 for
acceptance of parkland."
Section 10. Exhibits D, E, and F to the Agreement are replaced in their
entirety by revised Exhibits D, E, and F attached hereto and incorporated by this
reference.
Section 11. Full Force and Effect. Except as specifically clarified,
confirmed or modified herein, the Agreement shall continue in full force and effect
according to its terms.
Section 12. Defined Terms. Defined terms have the same meaning in
this Amendment as in the Agreement unless otherwise specified.
Section 13. Effective Date. This Amendment shall become effective
upon the date the ordinance approving this Agreement becomes effective (the
"Effective Date").
Section 13. Recordation. City shall record a copy of this Amendment
within ten (10) days following execution by all parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN DEVELOPER
DUBLIN CROSSING VENTURE LLC,
By: a Delaware limited liability company
Chris Foss, City Manager
Attest: By:
Its:
Caroline Soto, City Clerk
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 9
Approved as to form
John Bakker, City Attorney
114.266 2419687.8
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 10
Revised Exhibit D
Diagram of Project Phases
LEGEND
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