HomeMy WebLinkAbout6.1 Hansen Hill Ranch Dev Agreement CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 10, 1992
SUBJECT: Public Hearing PA 91-099 Hansen Hill Ranch
Project Development Agreement
REPORT PREPARED BY: Laurence L. Tong, Planning Director
EXHIBITS ATTACHED: Exhibit A: Draft Resolution adopting
Negative Declaration
Exhibit B: Draft Ordinance approving
Development Agreement for the
Hansen Hill Ranch Project
Attachment 1 : Dublin Municipal Code, Chapter
8 . 12 Development Agreements
Attachment 2 : Draft January 21, 1992 ,
Planning Commission Minutes
Attachment 3 : Planning Commission Resolution
recommending approval of
Development Agreement
RECOMMENDATION: 1) Open public hearing and hear Staff
presentation
2 ) Take testimony from Applicant and public
3) Question Staff, Applicant and public
4 ) Close public hearing and deliberate
5) Adopt draft resolution (Exhibit A)
adopting Negative Declaration
6 ) Waive reading and introduce Ordinance
approving Development Agreement for the
Hansen Hill Ranch Project (Exhibit B)
FINANCIAL STATEMENT: (See Analysis section)
ANALYSIS :
The Bren Company has applied for a Development Agreement for the
Hansen Hill Ranch project. The project includes 180 single family
homes on approximately 147 acres of land west of Silvergate Drive.
The land was recently annexed to the City.
ITEM NO. COPIES TO: General/Agenda File
Applicant/Owner
Project Planner
CITY C ERK
FILE 1 161012-0
t A Development Agreement is a contract between the City and a
Developer that is negotiated and voluntarily entered into. The City
agrees to not change its planning and zoning laws that apply to the
development for a specified period of time. The Developer agrees to
provide specific improvements and benefits which the City might
otherwise have not been able to require from the Developer.
The Dublin Municipal Code contains a Development Agreement
Ordinance which enables the City to enter into a Development Agreement
( see Attachment 1) . The Municipal Code establishes the following
processing procedure for approval of a Development Agreement:
1 . The Planning Commission holds a public hearing, makes
certain determinations, and makes a recommendation to the
City Council regarding the proposed Development Agreement.
2 . The City Council holds a public hearing, makes certain
determinations, and decides whether to approve the proposed
Development Agreement. If the City Council decides to
approve the proposed Development Agreement, it adopts a
project specific ordinance for the proposed Development
Agreement. The City enters into the Development Agreement
30 days after the ordinance is adopted.
The Hansen Hill Ranch project currently has various land use
approvals including a General Plan Amendment, Planned Development
Zoning, and Tentative Map. The Planned Development Zoning is subject
to review after May 27 , 1992 . The Tentative Map is valid through May
27, 1992 . A Conditional Use Permit and Site Development Review
application is being processed and is scheduled for Planning
Commission action on February 18, 1992 . Although these approvals
(Conditional Use Permit and Site Development Review) have not yet been
granted and the Development Agreement as drafted cannot be executed
until they are, the Planning Commission reviewed the Development
Agreement on January 21, 1992, in order to enable the Council to take
action on the Development Agreement prior to March 1, 1992 . Action by
March 1st is important in order to assure receipt of park dedication
in-lieu fees by April 1, 1992 .
The Developer could file multiple final maps prior to the
expiration of the tentative map. With the amount of public
improvements required outside the physical boundaries of the tentative
map, each filing of a final map among multiple final maps could extend
the approval for 3 years . The tentative map could be extended for up
to 10 years .
Staff has been meeting with the Developer to review and prepare
the proposed Development Agreement. The Developer would like to have
the protection and certainty of a Development Agreement. If the slow
housing market continues, or if the City' s land use policies change,
under the proposed Development Agreement, the Developer would have up
to 8 years to complete all 180 dwelling units in the project. In
exchange, the Developer would provide various fees, land dedications
and improvements which are not part of the current conditions of
-2-
approval . In summary, the proposed Development Agreement would
provide for the following:
1 . The City would extend the project approval for eight ( 8)
years from the date the agreement is recorded.
2 . The Developer would pay the City $150,000 for affordable
housing purposes, subject to reduction should the City adopt
a lower inclusionary housing in-lieu fee. The Developer
would pay a $60,000 portion at the time the Final Map for
Phase I, 72 units, is recorded. The Developer would pay the
remaining $90,000 portion at the time the Final Map for
Phase II, 108 units, is recorded, subject to Consumer Price
Index increases .
3 . The Developer would pay the City $190, 728 for park
dedication in-lieu fees for Phase I , 72 units, by April 1,
1992 , or earlier. The Developer would pay the City the
Phase II , 108 unit, park dedication in-lieu fees when the
Final Map for Phase II is recorded.
4 . The Developer would construct and dedicate to the City a 12-
foot access road along Martin Canyon Creek for public access
and maintenance purposes .
5 . The Developer would .gravel a portion of the existing off-
site fire/jeep trail that is adjacent to the project' s
northern property line.
The complete details are contained in the proposed Development
Agreement (see Exhibit B) .
The City Council must make certain determinations before it can
approve the proposed Development Agreement. The determinations are
set forth in the Dublin Municipal Code (Sec . 8 . 12-080) . Staff
believes that the City Council can make the following determinations
regarding the proposed Development Agreement for the following reasons
as recommended by the Planning Commission:
1 . Said Agreement is consistent with the objectives, policies,
general land uses and programs specified in the General Plan
in that a) the project approvals of said Agreement include a
General Plan Amendment adopted specifically for the Hansen
Hill Ranch project, and b) said Agreement furthers the
affordable housing, parks, and open space policies of the
General Plan;
2 . Said Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the land use district in
which the real property is located in that the project
approvals include a Planned Development Rezoning adopted
specifically for the Hansen Hill Ranch project;
3 . Said Agreement is in conformity with public convenience,
general welfare and good land use practice in that said
-3-
Agreement will provide public access to property that was
previously private and not accessible, will provide funds
for affordable housing which will improve general welfare,
and will provide land use and access that are consistent and
compatible with adjacent land uses;
4 . Said Agreement will not be detrimental to the health, safety
and general welfare in that the development will proceed in
accordance with the project ' s environmental impact report
and mitigation measures; and
5 . Said Agreement will not adversely affect the orderly
development of property or the preservation of property
values in that the development will be consistent with the
General Plan.
The Planning Commission and Staff believe that the proposed
Development Agreement is consistent with the General Plan and
recommend its approval .
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTING A NEGATIVE DECLARATION FOR PA 91-099 HANSEN HILL RANCH
PROJECT DEVELOPMENT AGREEMENT
WHEREAS, The Bren Company has filed an application requesting a
Development Agreement for the Hansen Hill Ranch project; and
WHEREAS, the California Environmental Quality Act (CEQA) ,
together with the State CEQA guidelines and City environmental
regulations require that certain projects be reviewed for
environmental impact and that environmental documents be prepared; and
WHEREAS, an Initial Study was conducted finding that the project,
as proposed, would not have a significant effect on the environment;
and
WHEREAS, a Negative Declaration has been prepared for this
application; and
WHEREAS, the Planning Commission held a public hearing on January
21, 1992 and recommended adoption of a Negative Declaration for the
project; and
WHEREAS, the City Council did review and consider the Negative
Declaration at a public hearing on February 10, 1992 ; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
1 . The Hansen Hill Ranch Project Development Agreement will not
have a significant effect on the environment.
2 . The Negative Declaration has been prepared and processed in
accordance with State and local environmental laws and guideline
regulations .
3 . The Negative Declaration is complete and adequate.
PASSED, APPROVED AND ADOPTED this 10th day of February, 1992 .
AYES :
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
EXHIBIT. A
CITY OF DUBLIN .
Ordinance No.
AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR THE
HANSEN HILL RANCH PROJECT
The City Council of the City of Dublin does ORDAIN as follows :
Section 1 . RECITALS
A. A Development Agreement between the City of Dublin and the
Bren Company ( "Development Agreement" ) , owner of the property commonly
known as the Hansen Hill Ranch has been presented to the City Council,
a copy of which is attached hereto as Attachment 1 .
B. A public hearing on the proposed Development Agreement was
held before the Planning Commission on January 21, 1992 , for which
public notice was given as provided by law.
C. The Planning Commission has made its recommendation to the
City Council for approval of the Development Agreement, which
recommendation includes the Planning Commission' s determinations with
respect to the matters set forth in Section 8 . 12 . 080 of the Dublin
Municipal Code.
D. A public hearing on the proposed Development Agreement was
held before the City Council on February 10, 1992, for which public
notice was given as provided by law.
E . The City Council has considered the recommendation of the
Planning Commission (Planning Commission Resolution No. 92-004 ) ,
including the Planning Commission' s reasons for its recommendation,
the staff report, all comments received in writing and all testimony
received at the public hearing.
F. The City Council has adopted a resolution approving a
Negative Declaration for the Development Agreement.
Section 2 . FINDINGS AND DETERMINATIONS
Therefore, on the basis of the foregoing Recitals, the City
Council finds and determines for the reasons set forth in Planning
Commission Resolution No. 92-004 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.
2 . The Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the land use
district in which the real property is located.
3 . The Development Agreement is in conformity with public
convenience, general welfare and good land use policies .
1 EXHIBIT
4 . The Development Agreement will not be detrimental to the
health, safety and general welfare.
5 . The Development Agreement will not adversely affect the
orderly development of property or the preservation of property
values .
Section 3 . APPROVAL
The City Council hereby approves the Development Agreement and
authorizes the Mayor to sign it.
Section 4 . RECORDATION
Within ten days after the Development Agreement is executed by
the Mayor, 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 this Ordinance to be posted in at least three ( 3)
public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on
this 10th day of February, 1992 , by the following vote:
AYES :
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
2
actions shall be subject to any conditions, terms,
restrictions, and requirements expressly set forth herein.
7 . 3 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 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 .
8 . Subsequently Enacted or Revised Fees and Taxes .
No fees imposed on new development, such as traffic
impact fees, fees for the provision of affordable housing,
inclusionary housing in-lieu fees, child care fees or other
similar development fees, adopted by the CITY subsequent to
the effective date of this Agreement, shall be applicable to
the Project. However, any existing application, processing
and inspection fees that are revised during the term of this
Agreement and any subsequently enacted city-wide fees or
taxes shall apply to the Project provided that: (1) such
fees or taxes have general applicability to all residential
property in the City; (2) the application of such fees or
taxes to the subject property is prospective; and (3) their
application would not prevent development in accordance with
this Agreement.
9 . Amendment or Cancellation.
9 . 1 Modification Because of Conflict with State or
Federal Laws .
In the event that state or federal laws or
regulations enacted after the effective date of this
Agreement prevent or preclude compliance with one or more
provisions of this Agreement or require changes in plans,
maps or permits approved by the 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 approved by the City Council in
accordance with Dublin Ordinance No. 8-91.
HANSEN AGREEMENT 6
January 14 , 1992
9 . 2 Amendment by Mutual Consent.
This Agreement may be amended in writing from
time to time by mutual consent of the parties hereto and in
accordance with the provisions of Dublin Ordinance No. 8-
91. Any amendment to this Agreement which does not relate
to (1) the term, permitted uses, density or intensity of
land use, (2) conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
or (3) any conditions or covenants relating to the use of
the Property, shall not require a public hearing before the
parties may execute an amendment.
9 . 3 Amendment Exemntions.
Any amendment of any of the Project Approvals,
any resubdivision of the Property except a resubdivision
that increases the number of lots over 180 lots, or any
filing of an amended subdivision map that creates new legal
lots or that reflects a merger of lots shall not require an
amendment to this Agreement. Instead, any such amendment,
resubdivision (except a resubdivision that increases the
number of lots over 180 lots) , or filing shall be deemed to
be incorporated into and vested under this Agreement at the
time that such amendment, resubdivision, or filing is
approved as provided in this Agreement.
9 . 4 Amendment of Project Approvals.
Any Project Approval may, from time to time, be
amended or modified in the following manner:
(1) Upon the written request of
Developer for an amendment or modification of a Project
Approval including, but not limited to, (a) the location of
buildings, streets and roadways and other physical
facilities, or (b) the configuration of the parcels, lots or
development areas, the Planning Director of the CITY shall
determine whether the requested amendment or modification is
minor and whether the requested amendment or modification is
consistent with this Agreement, the General Plan and
applicable provisions of the CITY ' s zoning and subdivision
ordinance in effect as of the effective date of this
Agreement. For purposes of this Agreement, the
determination whether such amendment or modification is
minor shall refer to whether the amendment or modification
is minor in the context of the overall Project. If the
Planning Director finds that the proposed amendment is both
minor and consistent with this Agreement, the General Plan,
and the applicable provisions of the CITY ' s zoning and
HANSEN AGREEMENT 7
January 14 , 1992
subdivision ordinance, the Planning Director may approve the
proposed amendment without notice and public hearing.
(2) Except as provided in
subparagraph (1) above, any amendment or modification of any
Project Approval shall be subject to the applicable
substantive and procedural provisions of CITY' s applicable
zoning, subdivision, and other land use ordinances.
9 . 5 Cancellation by Mutual Consent.
Except as otherwise permitted herein, this
Agreement may be cancelled in whole or in part only by the
mutual consent of the parties or their successors in
interest, in accordance with the provisions of Dublin
Ordinance No. 8-91 . Any fees paid pursuant to Subparagraph
5 . 3 . 5 of Exhibit B of this Agreement prior to the date of
cancellation shall be retained by CITY.
10 . Term of Project Approvals.
Pursuant to California Government Code
Section 66452 . 6 (a) , the term of the tentative map described
in Recital D above (the "Tentative Map") , or any
resubdivision or amendment to the Tentative Map (including
any lot line adjustment or merger of lots within the
Tentative Map) , or any other tentative map filed and
approved prior to the termination of this Agreement, shall
automatically be extended for the term of this Agreement.
The term of any other Project Approval shall automatically
be extended for the term of this Agreement.
11. Annual Review Date.
11 . 1 The annual review date for this Agreement shall
be March 1.
11. 2 The CITY ' s Planning Director shall initiate the
annual review, as required under Section 8 . 12 . 140 of Dublin
Ordinance No. 8-91, by giving to DEVELOPER thirty (30) days '
written notice that the CITY intends to undertake such
review. DEVELOPER shall provide evidence to the Planning
Director prior to the hearing on the annual review, as and
when reasonably determined necessary by the Planning
Director, to demonstrate good faith compliance with the
provisions of the Development Agreement. The burden of
proof by substantial evidence of compliance is upon the
DEVELOPER.
11 . 3 To the extent practical, CITY shall deposit in
the mail and fax to DEVELOPER a copy of all staff reports,
HANSEN AGREEMENT 8
January 14 , 1992
and related exhibits concerning contract performance at
least five (5) days prior to any annual review.
11. 4 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.
12 . Default.
12 . 1 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.
12 . 2 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.
13 . Estoppel Certificate.
Either party may, at any time, and from time to
time, request written notice from the other party requesting
such party to certify in writing that, to the knowledge of
the certifying party, (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) 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 DEVELOPER. Failure to execute an estoppel
certificate shall not be deemed a default.
HANSEN AGREEMENT 9
January 14 , 1992
14 . Qya
The unenforceability, invalidity or illegality of
any provisions, covenant, condition or term of this
Agreement shall not render the other provisions
unenforceable, invalid or illegal.
1s. Attar rrieYs' Fees and Gosts.
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.
16. Transfers and Assignments.
16. 1 Right to Assign.
DEVELOPER' S rights hereunder may be
transferred, sold or assigned in conjunction with the
transfer, sale, or assignment of all or a portion of the
Property subject hereto at any time during the term of this
Agreement, provided that no transfer, sale or assignment of
DEVELOPER's rights hereunder shall occur without the prior
written notice to CITY and approval by the City Council,
which approval shall not be unreasonably withheld or
delayed. The City Council shall consider the matter within
60 days after DEVELOPER' s notice.
Notwithstanding the foregoing, DEVELOPER shall
have the right to transfer, sell or assign its rights
hereunder to any "affiliate" without the prior approval of
- CITY. As used herein, "affiliate" shall mean any person or
entity controlling, controlled by, or under common control
with DEVELOPER. "Control" and related forms of the word
shall mean the ability to direct the management and
operations of another entity such as a partnership or
corporation.
HANSEN AGREEMENT 10
February 6, 1992
16. 2 Release Upon Transfer.
Upon the transfer, sale, or assignment of
DEVELOPER's rights and interests hereunder pursuant to
paragraph 16. 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 Council approval of
such transfer, sale, or assignment; provided, however, that
if any transferee, purchaser, or assignee approved by the
City Council expressly assumes the obligations of DEVELOPER
under this Agreement, DEVELOPER shall be released with
respect to all such 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 Council approval.
17. 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, representatives, lessees, and all other persons
acquiring the Property, or any portion thereof, or any
interest therein, whether by operation of law or in any
manner whatsoever. All of the provisions of this Agreement
shall be enforceable as equitable servitudes and shall
constitute covenants running with the land pursuant to
applicable laws, including, but not limited to, Section 1468
of the Civil Code of the State of California. Each covenant
to de, 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. Notwithstanding the foregoing,
this Agreement shall cease to be binding upon any parcel in
the Project (i.e. , any of Lots 1 through 180) when such
parcel is acquired by a person or persons with the intent to
reside in the home constructed or to be constructed upon
such parcel or by a person or persons for the benefit of a
family member intending to reside in such home (provided,
however, that the benefits of this Agreement shall continue
to accrue to any such parcel until the City has issued a
certificate of occupancy for such parcel) .
HANSEN AGREEMENT 11
February 6, 1992
1s. �ankruptcy.
The obligations of this Agreement shall not be
dischargeable in bankruptcy.
19. ficatian.
DEVELOPER agrees to indemnify and hold harmless
CITY, and its elected and appointed councils, boards,
commissions, officers, agents, employees, and
representatives from any and all claims, 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.
20. Insurance.
20. 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 a per-occurrence combined single
limit of not less than one million dollars ($1, o00, 000) and
a deductible of not more than two-hundred and fifty
thousand dollars ($250,.000) per claim. The policy so
maintained by DEVELOPER shall name the CITY as an additional
insured and shall include either a severability of interest
clause or cross-liability endorsement. ' in the event that
DEVELOPER exercises its right to assign pursuant to
paragraph 16. 1, CITY shall have the right to determine the
amount of the deductible, provided that the deductible shall
not be less than $1, 000 per claim.
20. 2 Workers Compensation Insurance.
During the term of this Agreement and any
extension thereof DEVELOPER shall maintain Worker' s
Compensation insurance for all persons employed by DEVELOPER
for work at the Project site. DEVELOPER shall require each
contractor and subcontractor similarly to provide Worker' s
Compensation insurance for its respective employees.
DEVELOPER agrees to indemnify the City for any damage
resulting from DEVELOPER's failure to maintain any such
insurance.
HANSEN AGREEMENT 12
February 61 1992
20. 3 Evidence of Insurance.
Prior to City Council approval of this
Agreement, DEVELOPER shall furnish CITY satisfactory
evidence of the insurance required in Sections 20. 1 and
20. 2 and evidence that the carrier is required to give the
CITY at least fifteen days prior written notice of the
cancellation or reduction in coverage of a policy. The
insurance shall extend to the CITY, its elective and
appointive boards, commissions, officers, agents, employees
and representatives and to DEVELOPER and each contractor and
subcontractor performing work on the Project.
21. NUces,.
All notices required or provided for under this
Agreement shall be in writing and delivered in person or
sent by certified mail, postage prepaid. Notices required
to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed
as follows:
Bren Company
6601 Owens Drive, suite 105
Pleasanton, California 94566-9736
Att 'n: Michael Toohey
A party may change address by giving notice in writing to
the other party and thereafter all notices shall be
addressed and transmitted to the new address. Notices shall
be deemed given and received upon personal delivery, or if
mailed, upon the expiration of 48 hours after being
deposited in the United States Mail.
22 . Agreement is Entire Understanding.
This Agreement is executed in three duplicate
originals, each of which is deemed to be an original. This
Agreement consists of (_) pages and
(_) exhibits totalling (_) pages w iic
constitute the entire understanding and agreement of the
parties.
HANSEN AGREEMENT 13
February 6, 1992
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: BREN COMPANY:
By: By:
Name: Name:
Its: Its:
APPROVED AS TO FORM:
City Attorney
(NOTARIZATION ATTACHED)
HANSEN AGREEMENT 14
January 14 , 1992
EXHIBIT A
Description of the Property
HANSEN AGREEMENT 15
January 14 , 1992
HANSEN HILL RANCH
ALL THAT LAND SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA, ,
MORE PARTICULAW DESCRIBED AS FOLLOWS:
CON!;4ENCING AT A CONCRETE MONUMENT AS SHOWN ON THE MAP OF TRACT 4859,
FILED INJ,',Ap BOCK 1147, PAGE 56, ALAMEDA COUNTY P,ECORDS, SAID MONUMENT
BEARING NORTH Y 22' 00" EAST, 215.36 FEET FROM THAT CERTAIN CONCRETE
MONUMENT BEING THE INTERSECTION OF THE �tONU!�E;lTED LINES OF SILVERGATE
DRIVE AND HhNSEPa DRIVE AS SHOWN ON THE MAP OF TRACT 2405, FILED
AUGUST 9, 1863 IN MAP BOOM. 46, PAGE 73 TO 16, INCLUSIVE,
ALAO!EDA
COUNTY RECORDS; THENCE ALONG THE MONUMENT LINE OF SILVERGATE DRIVE AS
SHOWN Oil THE AFOREMENTIONED MAP OF TRACT 4859 NORTH 12' 44' 36" WEST,
554 .50 FEET; THENCE LEAVING SAID NONUIMENT LINE SOUTH 77' 15 24" WEST,
34 .00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEiN
G 0,1:
WESTERLY RIGHT—OF—WAY LIME OF SILVERGATE DRIVE AND ALSO BEING THE 'MOST
W�
SOUTHEASTERLY CORNER OF PARCEL '6' AS SHOWN ON THE MAP. OF TRACT 5410
IN MAP BOOK 163 AT PAGES 32 THROUGH 42, INCLUSIVE, ALAMEDA .CGUPITY
RECORDS; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 'B' OF
TRACT 5410 SOUTH 810 34' S2" WEST, 307 .14 FEET; THENCE
NORTH E4° 39' 05" WEST 474 .40 FEET TO THE SOUTHWESTERLY CORNER OF
SAID PARCEL 'B' , SAID POINT ALSO BElhia THE SOUTHEASTERLY CORNER OF
TRACT
4943 FILED IN MAP BOOM. 148, PAGE 1 TO 4, INCLUSIVE, ALAMEDA
COUNTY RECORDS; THENCE ALONG THE GENERALLY SOUTHWESTERN BOUNDARY OF
SAID TRACT 4943 NORTH 64° 39'05'' WEST, 493.20 FEET; THENCE
NORTH 48' 18 50" WEST, 251 .80 FEET; THENCE NORTH 57' 33' 04" WEST,
228.71 FEET; THEPICE NORTH 28' '35' 14" WEST, 73.99 FEET TO THE
SOUTH'ilESTERLY CORNER OF TRACT 4943; THENCE LEAVING SAID TRACT 4943
NORTH c81 ' 43' 41" WEST, 214 .01 FEET; THENCE NORTH 57' 24' 05" WEST,
421 .08 FEET; THENCE NORTH 76' 39' 05", WEST, 224 .40 FEET; THENCE
SOUTW 89' 50' 55" WEST, 53.46 FEET; THENCE NORTH 70' 09' 05" WEST,
245.52 FEET; THENCE SOUTH 64' 50' 55" WEST, 151.80 FEET; THENCE
NORTH 57' 09' 05" WEST, 118.14 FEET; THENCE NORTH 58' 24' 05" WEST,
254 .00 FEET; THENCE NORTH 37' 54' 05" WEST, 426.36 FEET; THENCE
SOUTH 01 ' 55' 55" WEST, 1174.80 FEET; THENCE S0I!TH 01' 05' 55" WEST,
1356.30 FEET; THENCE SOUTH 55° 49' 05" EAST, 1075.80 FEET; THE'I
SOUTH 8a1 39' 05" EAST, 407.88 FEET; THENCE NORTH 01 ' 20' 55" EAST,
531.24 FEET; THENCE SOUTH 88' 54' 05" EAST, 1328.58 FEET; THENCE
SOUTH 0)1 ' 05' 55" EAST, 131 .32 FEET TO A POINT ON THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF PARCEL 'A' AS SHOWN ON PARCEL
MAP 11681 AS FILED IN h;AP BOOK -80, PAGE 21 , ALAMEDA COUNTY RECORDS;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 'A'
SOUTH 81` 08' 00" EAST, 164.01 FEET TO THE NORTH',JESTERLY CORNER OF
19 FILED IN MAP BOOK 139, PAGE 69,. ALAMEDA COUNTY RECORDS;
TRACT _88, , -
TFiEtdCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 4988
SOUTH 81' 08' 00" EAST, 181 .07; THENCE NORTH 88' 23' 00" EAST,
58,75 FEET; THENCE NORTH 77' 57' 00" EAST, 68.63 FEET TO THE
NORTHWESTERLY CORNER U TRACT 2534, AS FILED IN BOOK 49, PAGES 6 TO
9, INCLUSIVE, ALAMELDA COU�;TY RECORDS; THENCE ALONG THE NORTHERLY
BOUNDARY OF TRACT 2534 14ORTH 67° 27' 00" EAST. 65.63 FEET; TAENCE.
NORTH 62° 1?' 00" EAST, 427 .06 FEET; THENCE NORTH 71 ' 08' 30" EAST,
67.40 FEET ; THENCE NORTH 77' 29' 30" EAST; 87 .40 FEET; THENCE
tlO1TH 83' 2n' 40" EAST, 158. 17 FEET; THENCE SOUTH 60° 58' 00" EAST,
250.00 FEET ; THENCE NORTH 74' 29' 12" EAST, 1 . 18 FEET TO THE
NOR-1hWESTERL'i CORNER OF SAID TRACT 2534 oSAID CORNER BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF SiLVERGATE DRIVE; THENCE ALONG SAID
WESTERLY RIGHT-OF- WAY LINE OF SILVERGATE DRI';E 150.74 FEET ALONG A
NON-TANGENT CURVE CONCAVE WESTERLY HAVING A CENTRAL- ANGLE OF
11° ZF 26" A RADIUS OF 800.00 FEET, THE RADIUS POINT FOR WHICH SEARS
NORTH Sn' 41' 50" EAST; THENNCE NORTH 12' 44' 36" WEST, 454.48 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 146.840 ACRES, MORE OR LESS.
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby
imposed pursuant to Paragraph 5. 3 above.
1. Subparagraph 5 . 3 . 1: DEVELOPER must obtain
all necessary building, grading and other construction
permits as set forth in Paragraph 6 . 3 of this Agreement.
2 . Subparagraph 5 . 3 . 2 :
a. DEVELOPER shall construct a 12-foot
access road (the "Access Road" ) over the Property along
Martin Canyon Creek as described in Condition No. 76 to the
CITY Is approval of the Tentative Map ( "Condition 76") . The
Access Road, together with that portion of the Property
lying between the fence to be constructed by Developer
pursuant to Condition 76 and the northern boundary of the
Property, shall be dedicated to the CITY for public access
and maintenance purposes. The construction and dedication
required by this subparagraph shall occur as part of Phase
I of the Project. Upon dedication, DEVELOPER shall be
released from all liability for the maintenance of the
property so dedicated.
b. DEVELOPER shall grade and rock the area
shown on Attachment 1 hereto to allow CITY to extend the
Access Road over such area, which extension shall be
constructed to the standards set forth in Condition 76 and
as a part of Phase I . CITY shall obtain or provide all
permits, easements and licenses necessary to permit
DEVELOPER to so grade and rock such area.
C. DEVELOPER' s obligation to pay its 23 . 7
proportionate share of the cost of the improvements prior to
the release of occupancy, as described in Condition No. 47
to the CITY ' s approval of the Tentative Map ("Condition
47") , shall be based on CITY ' s cost of performing the
improvements to the "T" intersection of Dublin Boulevard and
Silvergate Drive, adjusted for inflation, at the time of
payment.
d. The improvements to be constructed or
performed by DEVELOPER pursuant to Subparagraphs (a) and
(b) shall be included within the scope of the subdivision
improvement agreement to be entered into by and between
DEVELOPER and CITY as described in Condition No. 65 to the
HANSEN AGREEMENT 16
January 14 , 1992
CITY ' s approval of the Tentative Map (the "Tract Developer
Agreement") .
3 . Subparaaraoh 5 . 3 . 3 : Except as imposed
pursuant to any building, grading or other construction
permits required pursuant to Paragraph 6 . 3 of the Agreement,
the Project shall not be subject to requirements relating to
timing or commencement or completion of construction. The
Project shall, however, be constructed in two phases. Phase
I shall consist of the recordation of a final map for Lots
1 - 72 and shall include construction of the Access Road and
dedication of the area specified in subparagraph 2 (a) ,
performance of the work described in subparagraph 2 (b) , and
completion of the road across the Valley Christian Center
property, as shown on the tentative map. Phase II shall
consist of the recordation of a final map for Lots 73 -
180 .
4 . Subnaraaranh 5 . 3 . 4 : Not applicable.
5 . Subparagraph 5 . 3 . 5 :
a. DEVELOPER shall pay to CITY the total sum
of One Hundred Fifty Thousand Dollars ($150, 000) for use by
CITY to provide affordable housing, to be paid as follows:
the sum of $60 , 000 shall be paid to CITY at the time the
final map for Phase I, consisting of 72 units, is approved
and recorded and the sum of $90, 000 shall be paid to CITY at
the time the final map for Phase II, consisting of 108
units, is approved and recorded, provided that if the final
map for Phase II is not approved and recorded within one
year from the date the Phase I final map is recorded, then
the sum of $90, 000 shall be increased by the percentage
increase in the Consumers Price Index for the San Francisco
Bay Area (Wage Earners Index) for each year or fraction
thereof, until the final map for Phase II is approved and
recorded.
Notwithstanding the foregoing, if CITY should subsequent
to the effective date of this Agreement adopt an
inclusionary housing ordinance generally applicable to new
residential development within the CITY that provides for
the option of paying a fee in lieu of providing affordable
housing ("City ' s In-Lieu Housing Fee") which is lower on a
per-unit basis than the fee to be paid by DEVELOPER pursuant
to this subparagraph ( "Developer ' s Housing Fee") , then the
per-unit amount of Developer ' s Housing Fee shall be reduced
to an amount equal to the per-unit amount of City' s In-Lieu
Housing Fee. In no event shall DEVELOPER be entitled to a
reduction in Developer ' s Housing Fee to the extent that
such fee has already been paid with respect to Phase I or
HANSEN AGREEMENT 17
January 14 , 1992
Phase II of the Project at the time of the effective date of
the inclusionary housing ordinance.
b. Park In-Lieu fees shall be paid as
follows:
180 D.U. x 0 . 016 AC/D.0 = 2 . 88 AC.
2 . 88 AC. x $165, 548/AC. _ $476, 778 or $2 , 649/D.U.
Park In-Lieu fees for Phase I, in the amount
of One Hundred Ninety Thousand Seven Hundred Twenty Eight
Dollars ($190, 728) , shall be paid by DEVELOPER to CITY when
the final map for Phase I is approved and recorded or by
April 1, 1992 , whichever is earlier.
Park In-Lieu fees for Phase II shall be paid
by DEVELOPER to CITY when the final map for Phase II is
approved and recorded and shall be calculated in accordance
with the provisions of CITY ' s ordinance then in effect and
current market values of the land as of the date of payment.
HANSEN AGREEMENT 18
January 14 , 1992
4
STATE OF CALIFORNIA j
COUNTY OF )
On before me, personally
appeared PETER W. SNYDER, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS by hand and official seal .
-19-
HANSEN AGREEMENT
January 14 , 1992
STATE OF CALIFORNIA )
COUNTY OF )
On before me, ,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the
instrument.
WITNESS by hand and official seal.
HANSEN AGREEMENT 20
January 14 , 1992
5 . 3 . 4 Terms relating to subsequent
reimbursement over time for financing of necessary public
facilities.
5 . 3 . 5 Terms relating to payment of fees.
6 . Applicable Rules Regulations and Official
Policies.
6 . 1 For the term of this Agreement, the City' s
ordinances, resolutions, rules, regulations and official
policies governing the permitted uses of the Property,
governing density and intensity of use of the Property and
the maximum height, bulk and size of proposed buildings
shall be those in force and effect on the effective date of
this Agreement.
6 . 2 Unless expressly provided in Paragraphs 5
and/or 6 . 1 of this Agreement, the ordinances, resolutions,
rules, regulations and official policies governing design,
improvement and construction standards and specifications
applicable to the Project, including but not limited to, all
public improvements, shall be those in force and effect at
the time of the applicable permit approval.
6 . 3 Unless expressly provided in Paragraph 5 of
this Agreement, the Project shall be constructed in
accordance with the provisions of the Uniform Building,
Mechanical, Plumbing, and Electrical Codes and Title 24 of
the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the
appropriate building, grading, or other construction permits
for the Project.
7 . Subsequently Enacted Rules and Regulations.
7 . 1 The CITY may, hereafter, during the term of
this Agreement, apply such newer enacted or modified
ordinances, resolutions, rules, regulations and official
policies of the City which are not in conflict with those
applicable to the Property as set forth in this Agreement
and application of which would not prevent or materially
delay development of the Property as contemplated by this
Agreement and the Project Approvals.
7 . 2 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
HANSEN AGREEMENT 5
January 14 , 1992
sewer service to the Project by the date that is one hundred
eighty (180) days prior to the date of expiration of this
Agreement, then, so long as Developer continues to exercise
such reasonable diligence during such 180-day period, at the
conclusion of the term of this Agreement, this Agreement
shall automatically be extended one day for each additional
day that Developer is unable to obtain such adequate water
hook-ups and sewer connections, provided that in no event
shall this Agreement be extended for more than two (2)
years.
5 . Use of the Property.
5. 1 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.
5 . 2 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 and other terms and conditions of
development applicable to the Property, shall be those set
forth in this Agreement, the Project Approvals and any
amendments to this Agreement or the Project Approvals.
5 . 3 Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and
incorporated herein by reference.
5 . 3 . 1 Conditions, terms, restrictions, and
requirements for subsequent discretionary actions. These
conditions do not affect Developer' s responsibility to
obtain all other land use approvals required by the
ordinances of the City of Dublin.
5 . 3 . 2 Additional or modified conditions agreed
upon by the parties in order to eliminate or mitigate
adverse environmental impacts of the Project or otherwise
relating to development of the Project.
5 . 3 . 3 Provisions that the Project be
constructed in specified phases, that construction shall
commence within a specified time, and that the Project or
any phase thereof be completed within a specified time.
HANSEN AGREEMENT 4
January 14 , 1992
NOW, THEREFORE, with reference to the foregoing
recitals and in consideration of the mutual promises,
obligations and covenants herein contained, CITY and
DEVELOPER agree as follows:
AGREEMENT
1 . Description of Property.
The Property which is the subject of this
Development Agreement is described in Exhibit A attached
hereto ("Property") .
2 . Interest of Developer.
The DEVELOPER has a legal or equitable interest in
the Property in that it owns the Property in fee title.
3 . Relationship of City and Developer.
3 . 1 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 .
3 . 2 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 The effective date of this Agreement shall be
the date upon which this Agreement is recorded in the Office
of the Alameda County Recorder.
4 . 2 The initial term of this Development Agreement
shall commence on the effective date and extend eight
(8) years thereafter, unless said term is otherwise
terminated, modified or extended by circumstances set forth
in this Agreement. This Agreement shall terminate upon
completion of construction of all 180 units and the
performance of the conditions set forth in Exhibit B. Upon
request of DEVELOPER, CITY will record a document evidencing
termination of this Agreement.
4 . 3 If Developer has exercised reasonable
diligence to obtain, but has been unable to obtain, water
hook-ups and sewer connections providing adequate water and
HANSEN AGREEMENT 3
January 14 , 1992
D. DEVELOPER has applied for, and CITY has
approved, various land use approvals in connection with the
development of the Project, including a general plan
amendment (Res . No. 021-89) , a planned development prezoning
(Res. No. 129-89) , a tentative map (Res. No. 130-89) , site
development review, and a conditional use permit (Planning
Commission Resolution No. -92) (collectively, together
with any approvals or permits now or hereafter issued with
respect to the Project, the "Project Approvals") ; and
E. On August 27, 1990, the CITY duly ordered the
annexation of the Project, formerly located in an
unincorporated area, to the CITY ' s jurisdiction, which
annexation was effective on May 23 , 1991.
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 Development Agreement is consistent with its
General Plan and has been reviewed and evaluated in
accordance with Dublin Ordinance No. 8-91; and
H. CITY and DEVELOPER have reached agreement and
desire to express herein a Development Agreement that will
facilitate development of the Project subject to conditions
set forth herein.
I. On 1992 , the City Council of
the City of Dublin adopted Ordinance No. approving
this Development Agreement. The ordinance took effect on
, 1992 ;
J. An Environmental Impact Report and Addendum
were prepared for a general plan amendment ("General Plan
EIR") , which documents were certified by the City Council of
CITY as being complete for the general plan amendment
entitled the "Hansen Hill Ranch General Plan Amendment" by
Resolution No. 19-89 on February 27 , 1989 . A mitigation
monitoring program covering the general plan amendment was
approved by the City Council on February 27 , 1989 by
Resolution No. 20-89 . On November 27 , 1989 , the City
Council adopted Resolution No. 127-89 , approving a mitigated
negative declaration for the Project, consisting of 180
residential lots on a 147-acre site. On ,
1992 , the City Council adopted a negative declaration for
this Development Agreement, by Resolution No. -92 .
HANSEN AGREEMENT 2
January 14 , 1992
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Dublin, City Clerk
100 Civic Plaza Drive
P. 0. Box 2340
Dublin, CA 94568
Space above this line for Recorder ' s Use
DEVELOPMENT AGREEMENT
CITY OF DUBLIN
FOR THE HANSEN HILL RANCH PROJECT
THIS DEVELOPMENT AGREEMENT is made and entered in
the City of Dublin on this day of , 1992 ,
by and between the CITY OF DUBLIN, a Municipal Corporation
(hereinafter referred to as "City") , and BREN COMPANY, a
California corporation (hereinafter referred to as
"Developer") , pursuant to the authority of §§ 65864 et sea.
of the California Government Code and City of Dublin
Ordinance No. 8-91.
RECITALS
A. California Government Code §§ 65864 et seq.
and Dublin Ordinance No. 8-91 authorize the CITY to enter
into an Agreement for the development of real property with
any person having a legal or equitable interest in such
property in order to establish certain development rights in
such property; and
B. DEVELOPER desires to develop and holds legal
interest in certain real property consisting of
approximately 147 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 hereinafter called the "Property" ; and
C. DEVELOPER proposes the development of the
Property with 180 single-family homes (the "Project") ; and
HANSEN AGREEMENT 1
January 14, 1992
Attachment 1
8.12.010
Chapter 8.12 development agreement entered into be-
tween the city and a developer (as defined
DEVELOPMENT AGREEMENTS in Section 8.12.040) pursuant to Govern-
ment Code Section 65864 et seq. and this
Sections: ordinance.
8.12.010 Authority. B. "Person"means an individual,group,
8.12.020 Definitions. partnership, firm, association, corporation,
8.12.030 Forms—Information trust, governmental agency, or any other
and fees. form of business or legal entity.
8.12.040 Qualification as an C. "Project" means the development
applicant. project that is the subject of a development
8.12.050 Review of application. agreement. (Ord. 8-91 § 1 (part))
8.12.060 Notice—Public hearing.
8.12.070 Rules governing 8.12.030 Forms—Information and
fees.
conduct of hearing.
8.12.080 Determination by A. The City Manager shall prescribe the
Planning Commission. form for each application, notice and docu-
8.12.090 Decision by City ments provided for or required hereunder
Council. for the preparation and implementation of
development agreements.
8.12.100 Approval by ordinance. B. The City Manager may require an
8.12.110 Contents of agreement. applicant to submit such information and
8.12.120 Initiation of amendment supporting data as he reasonably considers
or cancellation. necessary to process the application.
8.12.130 Recordation of C. Each application shall be accompa-
development agreement, nied by a development agreement on the
amendment or city's form of development agreement.
cancellation. D. The City Council shall establish by
8.12.140 Annual review. resolution the schedule of fees and charges
8.12.150 Effect of development imposed for the filing and processing of
agreement. applications and documents provided for or
8.12.160 Severability. required hereunder. (Ord. 8-91 § 1 (part))
8.12.170 Judicial review—Time
limitation. 8.12.0;0 Qualification as an
applicant.
8.12.010 Authority. Only a qualified applicant may file an
This ordinance is adopted under the au- application to enter into a development
thority of Government Code Sections 65864 agreement. A qualified applicant is a per-
through 65869.5. (Ord. 8-91 § 1 (part)) son, including any authorized agent, who
has a legal or equitable interest in the real
8.12.020 Definitions. property which is the subject of the Bevel-
. A. "Development agreement" means a opment agreement, provided that in all
444-1 (Dublin 3-91)
ATTACHMENT �
8.12.040
instances the owner(s)of fee title of the real 1. The date, time and place of the hear-
property shall join in the application or the ing;
development agreement shall be conditional 2. A general explanation of the matter
upon the close of escrow vesting fee title to to be considered, including a general de-
the property in the developer. The City scription of the property, in text or by dia-
Manager may require an applicant to submit gram, that is the subject of the hearing;
proof of his interest in the real property and 3. The identity of the hearing body; and
of the authority of any agent to act for the 4. Other information required by specif-
applicant. The qualified applicant and any is provision of this chapter or which the
successors-in-interest shall be referred to as City Manager considers necessary or desir-
"developer." (Ord. 8-91 § 1 (part)) able.
D. Time and Manner of Notice. The
8.12.050 Review of application. time and manner of giving notice shall be
The City Manager shall endorse on the by:
application the date it is received. He shall 1. Publication or Posting.Publication at
review the application and may reject it if least once in a newspaper of general circu-
it is incomplete or inaccurate for purposes lation, published and circulated in the city
of processing. If he finds that the applica- at least ten (10) days prior to the hearing,
tion is complete,he shall accept it for filing. or if there is no such newspaper, posting at
He shall prepare a staff report and recom- least ten (10) days prior to the hearing in at
mendation and shall state whether or not the least three (3) public places in the city; and
agreement proposed or in an amended form 2. failing. Mailing of the notice at
would be consistent with the general plan least ten (10) days prior to the hearing to:
and any applicable specific plan. He shall a. All persons shown on the last equal-
also indicate whether or not the staff recom- ized assessment roll as owning real property
mends approval of the agreement as pro- within three hundred (300) feet of the prop-
posed or in an amended form. (Ord. 8-91 § erty which is the subject of the proposed
1 (per)) development agreement;
b. All persons shown on the last equal-
8.12.060 Notice—Public hearing. ized assessment roll as owning the subject
A. Public Hearing. A public hearing real property and to the developer for the
shall be held on the proposed development proposed development agreement: and
agreement by both the Planning Commis- c. Each local agency expected to pro-
sion and the City Council. vide water, fire, sewage, streets, roads,
B. Notice. The City Manager shall give schools or other essential services or facili-
notice of intention to consider adoption of ties to the subject property, whose ability to
development agreements in the manner provide those facilities and services may be
provided in subsection D and of any other significantly affected.
concurrent public hearing required by law. E. Additional Notice. The Planning
C. Form of Notice. The form of the Commission or City Council, as the case
notice of intention to consider adoption of may be, may direct that notice of the public
a development agreement shall contain: hearing shall be given in a manner that
(Dublin 9-91) 444-2
8.12.060
exceeds the notice requirements prescribed 5. Will not adversely affect the orderly
by state law. development of property or the preservation
F. Failure to Receive Notice.The failure of property values.
of any person entitled to notice required by B. The recommendation shall include
law or this chapter does not affect the au- the reasons for the recommendation. (Ord.
thority of the city to enter into a develop- 8-91 § 1 (pan))
ment agreement. (Ord. 8-91 § 1 (part))
8.12.090 Decision by City Council.
8.12.070 Rules governing conduct A. After a public hearing, the City
of hearing. Council may accept, modify or disapprove
The public hearings shall be conducted the recommendation of the Planning Com-
as nearly as may be in accordance with mission. It may, but need not, refer back to
such procedural standards as may be adopt- the Planning Commission matters not previ-
ed for the conduct of zoning hearings.Each ously considered by the Planning Commis-
person interested in the matter shall be sion during its hearing for report and rec-
given an opportunity to be heard. The de- ommendation.
veloper has the burden of proof at the pub- B. The City Council may not approve
lic hearing on the proposed development the development agreement unless it makes
agreement. (Ord. 8-91 § 1 (part)) all the determinations set forth in Section
8.12.080. The City Council, in its sole
8.12.080 Determination by discretion, may deny the development
Planning Commission. agreement on the grounds that, in its opin-
A. After the hearing by the Planning ion, the proposed agreement is not in the
Commission, the Planning Commission best interest of the public.
shall make its recommendation in writing to C. If the property is located outside the
the City Council.The recommendation shall city limits, the application for a develop-
include the Planning Commission's determi- ment agreement shall be acted upon by the
nation whether the development agreement city only if the property is within the city's
proposed: sphere of influence. If so, the agreement
1. Is consistent with the objectives,poli- shall be conditional upon the property being
ties, general land uses and programs speci- annexed to the city and shall specify the
fied in the general plan and any applicable time period for completion of annexation.
specific plan; If annexation does not occur within the
2. Is compatible with the uses autho- specified time period, the agreement shall
rized in, and the regulations prescribed for, be null and void. (Ord. 8-91 § 1 (pan))
the land use district in which the real prop-
erty is located; 8.12.100 Approval by ordinance.
3. Is in conformity with public conve- If the City Council approves the develop-
nience, general welfare and good land use ment agreement, it shall do so by the adop-
practice; tion of an ordinance. No sooner than thirty
4. Will not be detrimental to the health, (30) days after the ordinance approving the
safety and general welfare; and development agreement is adopted, the city
444-3 cDubLin 8-91)
T 8.12.100
may enter into the agreement. (Ord. 8-91 § E. A development agreement may in-
1 (per)) clude a requirement for the developer's pay-
ment of ongoing operational costs of public
8.12.110 Contents of agreement. services and for the developer's agreement
A. A development agreement shall spec- to be included within a Mello-Roos District
ify its duration, the permitted uses of the or other comparable district for financing
property thereunder, the density and/or ongoing operational costs of public services
intensity of use, the maximum height and for the project.
size of proposed buildings, provisions for F. If the development agreement re-
reservation or dedication of land for public quires developer's financing of necessary
purposes, and requirements for construction public facilities, it may include terms relat-
and maintenance of on-site and off-site ing to subsequent reimbursements over time
improvements or payment of fees in lieu of for such financing.
such dedication or improvements. G. All development agreements shall
B. A development agreement may also contain an indemnity and insurance clause
include conditions, terms, restrictions and requiring the developer to indemnify and
requirements for subsequent discretionary hold the city harmless against claims arising
actions (provided such conditions, terms, out of the development process, including
restrictions and requirements do not prevent all legal fees and costs.
the development of the land subject to the H. A development agreement is. a con-
development agreement for the uses and to tract that is negotiated and voluntarily en-
the density or intensity of development set tered into by city and developer and may
forth in the agreement) but does not affect contain any additional or modified condi-
the developer's responsibility to obtain all tions, terms or provisions agreed upon by
land use approvals required by the city's the parties,including sanctions for failure to
ordinances. meet requirements.
C. A development agreement may in- I. A development agreement may in-
clude conditions and restrictions imposed by elude conditions relating to financial guar-
the city with respect to the project. includ- antees for performance of obligations there-
ing those conditions and restrictions pro- under. (Ord. 8-91 § 1 (pan))
posed in an environmental impact report
applicable to the project prepared and certi- 8.12.120 Initiation of amendment
fied under the California Environmental or cancellation.
Quality Act, in order to eliminate or mid- A. Unless otherwise provided in a devel-
gate adverse environmental impacts of the opment agreement,either parry may propose
project. an amendment to or cancellation in whole
D. A development agreement may pro- or in pan of a development agreement pre-
vide that the project be constructed in spec- viously entered into.
ified phases, that construction shall com- B. The procedure for proposing and
mence within a specified time, and that the adoption of an amendment to or cancella-
project or any phase thereof be completed tion in whole or in part of a development
within a specified time. agreement shall be the same as the proce-
(Dublin 8-91) 444-4
8.12.120
dure for entering into an agreement in the developer to comply in good faith with the
first instance. terms or conditions of the agreement, the
C. Where the city initiates the proposed City Clerk shall submit for recording the
amendment to or cancellation in whole or notice of such action with the County Re-
in part of the development agreement, it corder. (Ord. 8-91 § 1 (part))
shall first give notice to the developer of the
city's intention to initiate such proceedings 8.12.140 Annual review.
in the manner set forth in Section 8.12.060. A. The City Council shall review the de-
D. In the event that a development velopment agreement at least every twelve
agreement should be canceled or terminated, (12)months following the date of the agree-
all rights of the developer under the devel- ment.The Planning Director shall begin the
opment agreement shall terminate. Except review proceeding by giving thirty (30)
as otherwise provided in the development days' written notice that the city intends to
agreement, the city may, in its sole discre- undertake a periodic review of the develop-
tion, determine to retain any and all bene- ment agreement to the developer.
fits, including reservation or dedications of B. The City Council shall conduct a
land, improvements constructed and pay- public hearing at which the developer must
ments of fees, received by the city. demonstrate good faith compliance with the
E. Notwithstanding the above paragraph, terms of the agreement. The burden of
any termination of the development agree- proof on this issue is upon the developer.
ment shall not prevent the developer from The City Council shall determine, upon the
constructing or completing a building or basis of substantial evidence,whether or not
other improvements authorized pursuant to the developer has, for the period under
other validly issued permits, approvals or review, complied in good faith with the
entitlements, but the city may take any terms and conditions of the agreement.
action permitted by law to prevent, stop, or C. If the City Council finds and deter-
correct any violation of law occurring after mines on the basis of substantial evidence
cancellation of the development agreement. that the developer has complied in good
(Ord. 8-91 § I (part)) faith with the terms and conditions of the
agreement during the period under review,
8.12.130 Recordation of the review for that period shall be conclud-
development agreement, ed. If the City Council finds and determines
amendment or on the basis of substantial evidence that the
cancellation. developer has not complied in good faith
A. Within ten (10) days after the city with the terms and conditions of the agree-
enters into the development agreement, the ment during the period under review, the
City Clerk shall submit for recording the Council may modify or terminate the
agreement with the County Recorder. agreement. (Ord. 8-91 § 1 (part))
B. If the parties to the agreement or
their successors-in-interest amend or cancel 8.12.150 Effect of development
the agreement or if the city terminates or agreement.
modifies the agreement for failure of the A. Unless otherwise provided by the
444-5 (Dublin 8-91)
8.12.150
development agreement, the city's rules, held by a court of competent jurisdiction to
regulations and official policies governing be either invalid, void or unenforceable, the
permitted uses of the property, density and remaining provisions of this chapter and
design, and improvement and construction development agreement shall remain in full
standards and specifications applicable to force and effect unimpaired by the holding,
development of the property shall be those except as may otherwise be provided in a
city rules, regulations and official policies development agreement. (Ord. 8-91 § 1
in force on the effective date of the devel- (part))
opment agreement.
B. A development agreement shall not 8.12.170 Judicial review—Time
prevent the city, in subsequent actions ap- limitation.
plicable to the property, from applying new A. Any judicial review of an ordinance
rules, regulations and policies which do not approving a development agreement shall be
conflict with those rules, regulations and by writ of mandate pursuant to Code of
policies applicable to the property as set Civil Procedure Section 1085; and judicial
forth in the development agreement. review of any city action taken by the city
C. A development agreement shall not pursuant to this chapter, other than the
prevent the city from denying or condition- initial approval of a development agree-
ally approving any subsequent land use ment, shall be writ of mandate pursuant to
permit or authorization for the project on Code of Civil Procedure Section 1094.5.
the basis of such existing or new rules, B. Any action or proceeding to attack,
regulations, and policies. (Ord. 8-91 § 1 review,set aside,void or annul any decision
(part)) of the city taken pursuant to this chapter
shall not be maintained by any person un-
8.12.160 Severability. less the action or proceeding is commenced
Should any provision of this chapter or within ninety (90) days after the date of the
a subsequent development agreement be decision. (Ord. 8-91 § 1 (part))
(Dublin 8-91) 444-6
Presbyterian Church facility, and temporary use of a office
trailer during construction located at 7421 Amarilld Road.
Cm. Zi a opened the public hearing and asked for the staf report.
Mr. David oy presented the staff report to the Co ssion. Staff
was recommen ng approval of the application.
Mr. Joseph DeCred o, Applicant, had no concer or comments .
Cm. North asked why e trash enclosure w located so far away from
the building.
Mr. Choy indicated that th trash closure was located at the
northeast corner of the site ec se this was the least disruptive
area for traffic circulation. t also allows the trash company enough
space to maneuver their equ ' men
Cm. Zika closed the pub c hearing.
On motion from Cm. afanelli, seconded by North, and with a vote
of 5-0, the Comm' sion adopted
RESOLUTION NO. 92-001
APPROVIN PA 91-095 JOHN KNOX PRESBYTERIAN CHURCH ONDITIONAL USE
PERMIT QUEST FOR THE EXPANSION OF THE EXISTING CHU FACILITY AND
THE CATION OF A TEMPORARY OFFICE TRAILER AT 7421 A ILLO ROAD
RESOLUTION NO. 92-002
PROVING PA 91-095 JOHN KNOX PRESBYTERIAN CHURCH SITE DEVEL MENT
REVIEW APPLICATION FOR AN ADDITION TO THE EXISTING CHURCH FACI TY
LOCATED AT 7421 AMARILLO ROAD
SUBJECT: PA 91-099 Hansen Ranch/Bren Company Development Agreement
between the City of Dublin and The Bren Company to extend
the approval time on a previously approved single family
residential project and to require the Developer to gravel a
portion of the existing off-site fire/jeep trail adjacent to
® the northern property line (continued from the January 6 ,
1992 Planning Commission meeting)
Cm. Zika asked for the staff report.
Mr. Tong presented the staff report to the Commission. He recommended
the Commission approve the resolutions recommending the City Council
adopt the Negative Declaration and Development Agreement for this
application.
Cm. North referred to item #4 of the staff report on page #4 . He
asked if this road was for emergency vehicles only.
Mr. Tong explained that the road would be for public access and
maintenance purposes . It would allow the public to utilize the creek.
There was potential for a linear park in that area.
----------------------------------------------------------------------
Regular Meeting PCM-1992-2 January 21, 1992
[ 1-21min] ATTACHMENT Z
Cm. North asked for clarification on where the roads within the
project were located.
Mr. Tong identified the roads on the aerial photo. He indicated that
there were access roads into the project from Silvergate Drive and the
Valley Christian Center. There would be access to Martin Canyon Creek
from the new streets in the Hansen project.
Cm. Zika asked if the City was responsible for the creek maintenance.
Mr. Tong indicated yes. The provisions in the existing approvals
allowed the Applicant to dedicate the creek to the City. The
Applicant is now responsible and will be installing a fence on both
sides of the creek.
Cm. North asked for clarification on the order of approvals. Was the
Development Agreement being approved before the Conditional Use Permit
and Site Development Review?
Mr. Tong indicated yes because the proposal calls for payment of park
dedication in-lieu fees no later than April 1, 1992 and Staff
anticipates bringing the Conditional Use Permit and Site Development
Review to the Planning Commission in February.
Cm. Zika asked why the City was extending the proj roval for
eight years.
Mr. Tong indicated that Staff felt this was Aasonable amount of
time.
Cm. Zika had concerns that this would not give the Developer any
incentive to finish the project.
Cm. Zika asked if the Commission did not approve the Development
Agreement, would the housing in-lieu fees be paid?
Mr. Tong indicated that under the existing approvals, the applicant
would not have to pay housing in-lieu fees.
Cm. Zika asked when the in-lieu park dedication fees were payable.
Mr. Tong indicated that under the proposal, park dedication in-lieu
fees need to be paid by April 1, 1992. The City was counting on this
money to pay for park improvements. The Development Agreement
guarantees that these fees will be available on time.
Mr. Toohey, Applicant, gave a brief history of the project. He
indicated that the Final Map would be ready around the 15th of April
and hopes to break ground on that day. There was a substantial
investment in the property; however, since the housing market is
currently very slow, he was requesting the eight years to give his
company time to complete the project. They would be making creek
improvements and the standard homes would be built first.
----------------------------------------------------------------------
Regular Meeting PCM-1992-3 January 21 , 1992
[1-21min]
Mr. Toohey felt that the eight year extension was not unreasonable and
urged the Commission to approve the application.
Cm. Burnham asked for clarification on the eight year extension. He
felt that this might cause the project to drag out for a long period
of time.
Mr. Toohey indicated that the custom homes might take a long time.
If one home was built per week, it would be some time before the
project was completed. He was just looking for a little protection.
Mr. Tong added that the existing construction related time frames
would still be in effect . Because of the housing market situation,
the eight year provision provided for a continuing slow market. He
indicated that existing and new Federal and State mandated ordinances
would still apply.
Cm. Zika had a concern that the developer would try to sell the
property as soon as possible after the approvals were done.
Mr. Toohey indicated that people were interested in the property all
of the time . However, they had no plans on selling the property.
Clark Morrison, Attorney for the Applicant, referred to paragraph 16 . 1
of the Development Agreement. He indicated that The Bren Co. would
need to come back to the City Council for approval if t.11p property was
: transferred.
Cm. Zika closed the .ublic hearing.
g
On motion from Cm. Barnes , seconded by Cm. Burnham, and with a vote of
5-0, the Commission adopted
RESOLUTION NO. 92-003
RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR PA 91-099 HANSEN
HILL RANCH PROJECT DEVELOPMENT AGREEMENT
RESOLUTION NO. 92-004
RECOMMENDING APPROVAL OF PA 91-099 HANSEN HILL RANCH PROJECT
DEVELOPMENT AGREEMENT
SUBJECT: PA 91-067 Dublin Municipal Ordinance Amendment Managemen
Audit relatin to the Administrative Conditional Use it,
Conditional Use Permit, and Site Develo ment Revi rocess ,
and stablishment of a Zonin Clearance . ro continued
from tTit�T.�nuar 6 , 1992 Plannin Com ion meetin
Cm. Zika asked for the sta ort.
Ms . Maureen O'Halloran pr n ed th aff report to the Commission.
She indicated that ity Attorney' s c nts had been incorporated
into the staf ort. Staff recommended the nning Commission
adopt solutions recommending City Council app al of the
appl ' ation.
----------------------------------------------------------------------
Regular Meeting PCM-1992-4 January 21, 1992
[ 1-21min]
RESOLUTION NO. 92 - 004
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------------------------------------
RECOMMENDING APPROVAL OF PA 91-099 HANSEN HILL RANCH PROJECT
DEVELOPMENT AGREEMENT
WHEREAS , The Bren Company has filed an application requesting a
Development .Agreement for the Hansen Hill Ranch project; and
WHEREAS , the Planning Commission did hold a public hearing on
said application on January 21, 1992 ; and
WHEREAS , proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS , the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and a
Negative Declaration has been prepared for this project as it will not
have a significant effect on the environment; and
WHEREAS , the Staff Report was submitted recommending that the
Planning Commission recommend City Council approval of said
Development Agreement; and
WHEREAS , the Planning Commission did hear and consider all said
reports , recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby make the following determinations regarding
said proposed Development Agreement:
1 . Said Agreement is consistent with the objectives , policies,
general land uses and programs specified in the General Plan
in that a) the project approvals of said Agreement include a
General Plan Amendment adopted specifically for the Hansen
Hill Ranch project, and b) said Agreement furthers the
affordable housing, parks , and open space policies of the
General Plan;
2 . Said Agreement is compatible with the uses authorized in,
and the regulations prescribed for the land use district in
which the real property is located in that the project
approvals include a Planned Development Rezoning adopted
specifically for the Hansen Hill Ranch Project;
3 . Said Agreement is in conformity with public convenience,
general welfare and good land use practice in that said
Agreement will provide public access to property that was
.previously private and not accessible, will provide funds
for affordable housing which will improve general welfare,
and will provide land use and access that are consistent and
compatible with adjacent land use;
AITACHMEHT 3
4 . Said Agreenk—c will not be detrimental the health, safety
and general welfare in that the development will proceed in
accordance with the project ' s environmental impact report
and mitigation measures; and
5 . Said Agreement will not adversely affect the orderly
development of property or the preservation of property
values in that the development will be consistent with the
General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the Dublin City Council approve PA 91-099 Hansen
Hill Ranch Project Development Agreement.
PASSED, APPROVED AND ADOPTED this 21st day of January, 1992 .
AYES : Commissioners Barnes, Burnham, North, Rafanelli and Zika
NOES : None
ABSENT: None
,�!�.,.,�f, 1 �` � .•yam^
Planning