Pleasanton City Council
July 16, 2024

4. The Developer has applied for the following entitlements or “Project Approvals”: (a) a Planned-Unit Development development plan (PUD-147) to construct a 111 lot residential subdivision, including an age-qualified community with 93 single family detached homes (92 new single-family detached homes and 1 existing single-family home), 18 affordable senior courtyard detached and duet homes and related on-site and off-site improvements; (b) a Vesting Tentative Map (Tract 8522); (c) a Pre-Annexation and Development Agreement; (d) Annexation (P22-1089).

5. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the State of California enacted California Government Code §§65864 et seq. (the “Development Agreement Statute”), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. City has determined that by entering into this Development Agreement:
a. City is receiving assurances of a quality development of the Project in accordance with the goals and policies set forth in the City of Pleasanton’s General Plan as it exists on the “Effective Date” (defined below);
b. City will benefit and the public interest will be served from:
c. Reducing uncertainties in planning and provide for the orderly development of the Property;
d. Developer will provide the City with development of the Project Site with the following public benefits:
(1) design and completion of a trail extension from the Project’s southeastern trail connection at Foothill Knolls Park to the Project’s northern trail connection at Eastwood Way, which trail extension is identified as a priority improvement in the Pleasanton Trails Master Plan, and for which Developer shall be solely responsible for all design, installation and ongoing maintenance costs; (2) design and installation of road frontage improvements that will improve pedestrian and bike safety on Foothill Road beyond the Project Site frontage to the south, to Foothill Knolls Drive, and to the north, beyond Muirwood Drive, for which Developer shall be solely responsible for all design and installation costs; (3) payment of a monetary contribution in the amount of $1,000,000 to be used by City for public safety facilities and equipment in order to improve public safety; and
(4) provision of senior market rate and senior affordable moderate-income housing that will promote and serve the housing needs of seniors within the City.

6. CEQA Compliance. An Environmental Impact Report was prepared and, on January 26, 2023, certified by City for the 6th Cycle Housing Element (P21-0751) (“EIR”) for which the Project Site was identified as Area 22 – Merritt Property. In connection with the EIR, City also adopted a Mitigation Monitoring and Reporting Program (“MMRP”) as part of Resolution No. 23- 1357. The EIR anticipates that up to two units per acre of housing will be constructed on the Project Site, and the Project with its density bonus pursuant to Cal. Government Code §65915(b)(1)(C) is consistent with the General Plan and EIR. In accordance with CEQA

Guidelines Section 15183, the project is consistent with the development density established by the General Plan policies for which an EIR was certified on January 26, 2023 (SCH No. 202204009). There are no new significant effects peculiar to the proposed project or its site that were not analyzed as significant effects in the Housing Element Update FEIR, there are no new significant effects that were not previously evaluated in the Housing Element Update FEIR and there are no new significant off-site or cumulative impacts that were not analyzed in the Housing Element Update FIER. Additionally, there are no adverse impacts that are more severe than those previously identified in the Housing Element Update FEIR and all applicable mitigation measures from the Housing Element Update FEIR have been made a condition of approval.

Therefore, pursuant to CEQA Guidelines 15183, no further environmental review is required.

7. Project Approvals. City has undertaken several actions to plan for future housing on the Project Site, including, without limitation, the following approvals (“Project Approvals”):
a. PUD Development Plan, Vesting Tentative Map, Pre-Annexation and Development Agreement and Annexation. Following review and recommendation by the City Planning Commission and after a duly noticed public hearing and to further implement certain of the goals, policies and programs of the Housing Element, the City Council, approved the Planned Unit Development (PUD-147) development plan by Ordinance No. ___, Vesting Tentative Map (Tract 8522), a Pre-Annexation and Development Agreement by Ordinance No. _____and Annexation (P22-1089) for the Project as more particularly described in DA Exhibit B attached hereto (the “Development Plan”).
b. Affordable Housing Agreement. Following review and recommendation of the Planning Commission and after a duly noticed public hearing, the City Council, by Resolution No. _____, approved an Affordable Housing Agreement for the Project Site as more particularly described in DA Exhibit C attached hereto (the “AHA”).

8. Development Agreement. Following review and recommendation by the City Planning Commission and after a duly noticed public hearing, the City Council, by Ordinance No. ______, determined that this Agreement was consistent with the City’s General Plan and approved this Agreement.

9. In exchange for the benefits to City described in Recital 5(d) and Section 3.2 of this Agreement, including but not limited to assurance that a residential project consistent with the PUD, together with the other public benefits that will result from the development of the Project Site, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals and “Applicable Law” (defined below), and therefore desires to enter into this Agreement.

10. It is intended that the City will annex the Project Site and a segment of Foothill Road in Alameda County abutting the Project Site, pending annexation, and will have issued or shall concurrently with this Agreement issue the Project Approvals relating to the development of the Project Site which are conditioned upon completion of annexation.

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
ARTICLE A Pre-Annexation Obligations And Commitments
Section A.1 Annexation of Project Site. After the Effective Date of this Agreement (defined in Section 1.2 below), and consistent with the covenants, terms and conditions of this Agreement, City and Developer will initiate proceedings under the CKH Act for annexation of the Project Site into the City. City and Developer agree to take such subsequent actions as may be reasonably required to complete the annexation of the Project Site under the conditions imposed by LAFCO and reasonably acceptable to City and Developer.

Section A.2 No Change to Project Approvals. The City and Developer acknowledge that the Project Approvals are material to their agreement to annex the Project Site to the City and that the City is relying on the Project Approvals being implemented as a condition to agreeing to the annexation. As a condition precedent to the annexation, the Parties agree that they shall not take any action to modify or overturn the Project Approvals, or impede their implementation, nor take any other action inconsistent with the Project Approvals prior to completion of the annexation and the effectiveness of this Agreement, except as the Parties may otherwise agree in writing.

Section A.3 Support Annexation. In reliance on the representations and covenants herein, the Parties agree to support the annexation of the Project Site to the City, including to cooperate in: (i) annexation of the Project Site; (ii) providing for the orderly transfer of jurisdiction over the Project Site from Alameda County to the City to avoid duplication of effort and any delay in processing occasioned by the annexation; and (iii) completing the annexation, subdivision, and development as contemplated by this Agreement and the Project Approvals.

Section A.4 Binding Provisions. Notwithstanding that the Initial Term of this Agreement (described in Section 1.3 below) commences on the Effective Date, Article A and Sections 1.6, 3.3, 6.2, 6.3, 6.4 and 6.6-6.22 of this Agreement shall be binding upon City and Developer upon execution of this Agreement by the Parties until such time as this Agreement expires or is terminated according to its terms. Upon commencement of the Initial Term, this Agreement shall be a Development Agreement in accordance with the Development Agreement Statute.

ARTICLE 1 Description of Property, Effective Date and Term Section 1.1 Description of Property. The real property which is the subject of this Agreement is the Project Site, as more particularly described and depicted in the attached DA Exhibit A-1 and DA Exhibit A-2.

Section 1.2 Effective Date. The effective date of this Agreement (“Effective Date”) shall be the later of (a) thirty (30) days after the date the City ordinances approving this Agreement and PUD-147 are adopted by the City Council and attested by the City Clerk, (b) if a referendum petition is timely circulated, filed and qualified by the Elections Official, the date the election results on the ballot measure by City voters approving this Agreement are certified by the City Council in the manner provided by the Elections Code, or (c) the date the annexation proceedings are complete. This Agreement shall be executed by the Parties within ten (10) days after the later of subsection (a) or (b) of this Section 1.2.

Section 1.3 Initial Term. The term of this Development Agreement shall commence on the Effective Date and expire ten (10) years thereafter (the “Initial Term”), unless the Initial Term is extended as provided in Section 1.4 below.

Section 1.4 Extended Term. The Initial Term may be extended, provided that no less than 180 days prior to expiration of the Initial Term described in Section 1.3, Developer submits a written request to the City Manager for an extension of the Initial Term and provides substantial evidence that Developer has made significant progress on the Project warranting an extension. Within thirty (30) days of receiving such request and evidence, the City Manager shall provide Developer a written determination that either (a) the Initial Term will be extended for a specified period of time; or (b) the Developer has not demonstrated significant progress on the Project and what additional criteria is needed for an extension to be granted. (The Initial Term and any Extended Term may be referred to collectively herein as the “Term.”) Section 1.5 Expiration of the Term. Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect, subject to the provisions of Sections 6.2, 6.3 and 6.4; provided, however, such termination shall not affect any right, or duty arising from City approvals, including, without limitation, the Project Approvals.

This Agreement shall terminate with respect to any for sale residential lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot.

Section 1.6 Effect of Development Project Approvals Challenge. In the event that any of the Project Approvals are challenged through a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind any of the Project Approvals, the effectiveness of this Agreement shall be suspended pending such modification or rescission.

The City’s modification of the Project Approvals may necessitate that the Parties to this Agreement negotiate an amendment to this Agreement. The rescission of the Project Approvals shall result in this Agreement no longer being in force and effect. In the event that Ordinances _____ or _____ adopting the Development Plan and this Agreement, respectively, are challenged by a referendum petition, and such petition qualifies for the ballot, the effectiveness of this Agreement shall be suspended pending the results of the election upon the ballot measure. If the voters do not reject either of Ordinances _____ and _____, then this Agreement shall no longer be suspended. If the voters reject Ordinances _____ or _____, then this Agreement shall no longer be in force and effect. Pursuant to Section 2.5 below, the Term shall be extended for any period the effectiveness of the Agreement is suspended under this Section

1.6. ARTICLE 2 Standards, Laws and Procedures Governing the Project Section 2.1 Vested Right To Develop. Subject to annexation, Developer shall have a vested right to develop the Project at the Project Site in substantial conformance with the terms and conditions of the Project Approvals, the Subsequent Approvals (defined in Section

4.3 below) (as and when issued), the Applicable Law (defined in Section 2.3 below) and any amendments to the Subsequent Approvals or this Agreement as shall, from time to time, be approved pursuant to this Agreement.

Notwithstanding anything to the contrary in this Section 2.1, in the event of a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind the Development Plan, Developer shall have no vested right to the Development Plan

and the City shall retain discretion as to the manner it complies with such writ of mandate or court order, including reapproving, modifying, or denying approval of the Development Plan.

Furthermore, in the event that Ordinance_____ adopting the Development Plan is challenged by a referendum petition, and such petition qualifies for the ballot, such vested right to develop the Project shall be suspended pending the results of the election upon the ballot measure. If the voters do not reject Ordinance ______, then this vested right to develop the Project shall no longer be suspended. If the voters reject Ordinance _____, then this vested right to develop the Project shall no longer be in force and effect.

Section 2.2 Permitted Uses. The permitted uses and the density and intensity of use of the Project Site; the maximum height, bulk and size of the proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and any Subsequent Approvals (but not in any limitation of any right to develop as set forth in the Project Approvals).

Section 2.3 Applicable Law. “Applicable Law” shall mean, collectively, the Project Approvals and the other existing City laws, rules, regulations, official policies, standards and specifications governing development of the Project Site (including but not limited to the Zoning Ordinance, General Plan, and design and construction standards) in force and effect on July 16, 2024,the date the City Council approved the Project Approvals for the Project (the “Vesting Date”). During the Term, to the extent there are any conflicts between the Project Approvals (including but not limited to conditions to any of the Project Approvals) or the Subsequent Approvals and this Agreement, the terms and conditions of this Agreement shall govern.

This Section 2.3 shall not preclude the application to development of the Project or Project Site of changes in Applicable Law, the terms of which are specifically mandated and required by changes in State or Federal laws or regulations. In the event State or Federal laws or regulations enacted after the Vesting Date of this Agreement or action by any governmental jurisdiction other than the City prevents or precludes compliance with a provisions of this Agreement or requires changes in plans, maps or permits approved by the City, this Agreement shall be modified, extended or suspended as may be necessary to comply with such State or Federal law or regulation or the regulation of such other governmental jurisdiction.

Section 2.4 Moratorium, Initiatives and Conflicting Enactments. To the extent consistent with State law (and excepting a declaration of a local emergency or state emergency as defined in Cal. Government Code §8558), if any ordinance, resolution or other measure is enacted subsequent to the Effective Date, whether by action of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voterapproval requirement which would otherwise affect the timely development or implementation of the Project or Project Approvals or Subsequent Approvals on or for all or any part of the Project Site (“City Law”), City agrees that such City Law shall not apply to the Project, the Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the Term.

Section 2.5 Life of Project Approvals or Subsequent Approvals. The term of any Project Approval or Subsequent Approval shall automatically be extended for the longer of the Term or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The Term, any other Project Approval or Subsequent Approval shall not include any period of time during which any applicable development or utility

moratorium, lawsuit, or the actions of other public agencies that regulate land use, delays the granting of any Subsequent Approval or the development of the Project, including but not limited to the period of time of any lawsuit challenging the Project Approvals.

Section 2.6 Development Timing. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation) to develop the Project Site in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment, subject to the terms, requirements, and conditions of the Project Approvals and this Agreement.

Developer will use its best commercial efforts, in accordance with its own business judgment and taking into consideration market conditions and other economic factors influencing Developer’s business decision, to commence and continue development of the Project in a regular, progressive, and timely manner in accordance with the terms, requirements, and conditions of the Project Approvals and this Agreement.

Section 2.7 Compliance with State and Federal Law. This Agreement is subject to Developer’s compliance with all applicable federal and State laws and regulations and compliance with applicable provisions of the California Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”).

Section 2.8 Reliance on EIR. An Environmental Impact Report was prepared and, on January 26, 2023, certified by City for the 6th Cycle Housing Element (P21-0751) (“EIR”) for which the Project Site was identified as Area 22 – Merritt Property. In connection with the EIR, City also adopted a Mitigation Monitoring and Reporting Program (“MMRP”) as part of Resolution No. 23-1357. The EIR anticipates that up to two units per acre of housing will be constructed on the Project Site, and the Project with its density bonus pursuant to Cal.

Government Code §65915(b)(1)(C) is consistent with the General Plan and EIR. In accordance with CEQA Guidelines Section 15183, the project is consistent with the development density established by the General Plan policies for which an EIR was certified on January 26, 2023 (SCH No. 202204009). There are no new significant effects peculiar to the proposed project or its site that were not analyzed as significant effects in the Housing Element Update FEIR, there are no new significant effects that were not previously evaluated in the Housing Element Update FEIR and there are no new significant off-site or cumulative impacts that were not analyzed in the Housing Element Update FIER. Additionally, there are no adverse impacts that are more severe than those previously identified in the Housing Element Update FEIR and all applicable mitigation measures from the Housing Element Update FEIR have been made a condition of approval. Therefore, pursuant to CEQA Guidelines 15183, no further environmental review is required.

Section 2.9 Subsequent CEQA Review. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Approval, and the City shall conduct such CEQA review in a timely manner.

ARTICLE 3 Developer Obligations
Section 3.1 Obligations of Developer Generally. The Parties acknowledge and agree that City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer’s agreement to perform and abide by its long-term covenants and obligations, as set forth herein.

Section 3.2 Developer Obligations. The Developer shall comply with all of the requirements set forth below:
a. Design and complete a trail extension from the Project’s southeastern trail connection at Foothill Knolls Park to the Project’s northern trail connection at Eastwood Way, which trail extension is identified as a priority improvement in the Pleasanton Trails Master Plan, and which is set forth in more detail on Sheets TM2.0 and L1.1 of DA Exhibit B and in DA Exhibit F (the “Trail Extension”). Developer shall be solely responsible for all costs associated with the design, installation, and ongoing maintenance of the Trail Extension, and the City shall indemnify the Developer and its successors for claims associated with the public’s use of the Trail Extension as a public trail, except to the extent that any such claims are the result of the sole negligence or willful misconduct of Developer or its successors. The Trail Extension shall be substantially completed, to the satisfaction of the City Engineer, no later than issuance of the building permit for the 50th residential unit in the Project (including model homes) or within four years of issuance of the first building permit for the Project (including model homes), whichever comes first. Developer shall provide the City a public access easement over the Trail Extension, in a form approved by the City Attorney.
b. Design and install road frontage improvements that will improve pedestrian and bike safety on Foothill Road beyond the Project Site frontage to the south, to Foothill Knolls Drive, and to the north, beyond Muirwood Drive, as set forth in more detail on Sheets C7 and C8 of DA Exhibit B and in DA Exhibit F (the “Foothill Road Offsite Improvements”). Developer shall be solely responsible for all costs associated with the design and installation of the Foothill Road Offsite Improvements. The Foothill Road Offsite Improvements shall be substantially completed, to the satisfaction of the City Engineer, no later than issuance of the building permit for the 50th residential unit in the Project (including model homes) or within four years of issuance of the first building permit for the Project (including model homes), whichever comes first.
c. Developer shall install improvements on Foothill Road to allow for safe pedestrian, bicycle and vehicular ingress/egress to the Project site from Foothill Road, including (1) a southbound and northbound 11-foot wide travel lane; (2) a southbound 11-foot wide by 100-foot long left turn pocket (not including the taper); (3) a pedestrian path along the eastern side of Foothill Road that is maintained at all times; (4) southbound and northbound bicycle lanes are the same as or similar to those existing at the time of commencement of construction of the Project (the “Safe Access Improvements”). The Safe Access Improvements shall be installed, to the satisfaction of the City Traffic Engineer, prior the Certificate of Occupancy for the first residential unit in the Project (including model homes). d. A monetary contribution in the amount of $1,000,000, which shall be used by City for public safety facilities and equipment in order to improve public safety, shall be paid by Developer in three installments as follows: (1) $200,000 at issuance of the first residential building permit in the Project; (2) $400,000 at issuance of the 50th residential building permit in

the Project and (3) $400,000 at issuance of the 100th residential building permit in the Project (including model homes).
e. Provide senior market rate and senior affordable moderate-income housing that will promote and serve the housing needs of seniors within the City. f. Developer agrees that it will not receive any Capital Facilities Fee Credits or any Traffic Fee Credits in connection with this Project.

Section 3.3 Vested Development rights. Subject to annexation and the terms of this Agreement, the Project shall vest in accordance with this Agreement, and the Developer has the right to develop the Project and use the Project Site in accordance with:
a. The City’s General Plan, the Pleasanton Municipal Code and the Project Approvals in effect on the Vesting Date;
b. All other City policies, ordinances, resolutions, rules, regulations, and standards applicable to development or use of the Project Site on the Effective Date, except that Developer shall:

1. Pay the City Impact Fees and Other City Fees, as such fees are defined in Section 3.4 below, at the time of issuance of building permits for each residential unit, in the amounts determined by Section 3.4 below.

2. Comply with the Building Code requirements in effect on a Citywide basis at time of complete Building plan check submittal.

3. Comply with construction and technical design standards or specifications for public improvements that are applicable City-wide at time of complete Subdivision Improvement Plan submittal. In the event the Subdivision Improvement Plan expires, and no construction activities have been started, the City Engineer may, at his/her discretion, require the Subdivision Improvement Plan to be updated to reflect the current technical design standards or specifications for public improvements at the time of renewal or extension.

4. Comply with changes in City laws, regulations, plans or policies applicable City-wide, the terms of which are found by the City Council, based on substantial evidence, to be necessary to protect members of the public from a condition dangerous to public health or safety.

5. Comply with a change in City law, regulations, plans or policies that is:
i. Specifically mandated by state or federal law, or by any regional governmental agency that has legal authority over City under state law or a joint powers agreement; or
ii. A result of or in response to state or federal law, or regional agency action, made necessary in order for City to avoid losing or not receiving substantial funding or other substantial public benefits or facilities that would be available to the City only if it makes such a change; or

iii. Specifically mandated by, or necessary for compliance with or implementation of, the terms of any permit, entitlement, or other authorization necessary for the development of the Property that is issued or granted to City, the County, and/or Developer by any federal, state or regional agency.

6. Following any subsequent environmental review, comply with required mitigation measures.
c. The Parties agree that the obligations set forth in this Agreement are conditioned upon the approved annexation of the Property into the City of Pleasanton. Upon approval of the Project Approvals by City, City agrees to act in good faith, in collaboration with Developer, to support and timely process the annexation application with LAFCo. The Developer shall be responsible for all costs associated with the annexation, including but not limited to preparation of the LAFCo application, LAFCo application submittal fees, and any other City-related annexation fees. Developer shall prepare the application for annexation of the Property for the City’s review and approval no later than three (3) months from execution of this Agreement, unless extended by written agreement of the Parties. Annexation of the Property shall be completed 24 months from execution of this Agreement, unless extended by written agreement of the Parties. City agrees to grant at least one (1) extension of 12-months if Developer has fully cooperated with City and LAFCo in preparing the annexation application and providing all materials requested by LAFCo to support the application but LAFCo has failed to act on the application. If annexation proceedings are not completed within this time period, subject to any agreed upon extension(s), this Agreement shall be terminated and shall have no further force and effect, subject, however, to the provisions of Sections 6.2, 6.3 and 6.4.

Section 3.4 City Development Fees and Exactions. Notwithstanding any provision herein to the contrary and in accordance with and subject to this Article 3, during the Initial Term, Developer shall be responsible for only those types of development impact fees and exactions, and other building permit and development-related fees, which are in effect as of the Vesting Date. Included within attached DA Exhibit D is a complete list of the types of City development impact fees and exactions applicable to the Project at the time this Agreement is entered into (including those set forth below in this Article 3) (collectively, “City Impact Fees”), as well as a complete list of all other building permit and development-related fees applicable to the Project and collectible by City (for City’s own account or on account of other agencies as set forth in Section 3.7) (all such other fees collectible by City for its own account are hereinafter referred to collectively as “Other City Fees”). An estimate of all City Impact Fees and Other City Fees in existence at the time this Agreement is entered into is attached as DA Exhibit E. At the time of each building permit issuance, the actual amount of the City Impact Fees and Other City Fees to be paid by the Developer shall be determined in accordance with this Section 3.4.

During the Initial Term, Developer shall pay only those periodic cost of living or similarly indexed increases, decreases or adjustments in effect as of the Vesting Date to City Impact and Other City Fees. During the Extended Term, if any, Developer shall pay to City the City Impact Fees, Other City Fees and any applicable new development impact fees and exactions, and other building permit and development-related fees, which are in effect at the time of building permit for each residential unit within the Project.

Section 3.5 Inclusionary Housing. Developer shall enter into the AHA, which obligates Developer to construct 18 affordable moderate-income, senior homes within the Project site, as further detailed in DA Exhibit C, and consistent with Municipal Code Chapter

17.40.

Section 3.6 Building Permit and Processing Fees.
a. Building Permit. Subject to Section 3.4, Developer shall pay to City building permit fees in accordance with the City’s fee schedule in effect at the time Developer submits the applications for building permits.
b. Processing Fees. Developer shall pay to City the City’s reasonable application processing fees for the Project in accordance with the City’s fee schedule in effect at the time Developer submits the applications for Subsequent Approvals (defined in Section 4.4 below).

Section 3.7 DSRSD, Zone 7, Tri-Valley Transportation Development Fees.

Included within attached DA Exhibit D and DA Exhibit E is a list of fees and fee estimates collectible by City on account of the Dublin San Ramon Services District (“DSRSD”), Zone 7 Water Agency (“Zone 7”) for sewer and water connections, respectively, and the Tri-Valley Transportation Development Fee on account of the Tri-Valley Transportation Council (“TVTC”), for the Project. The Parties acknowledge that DSRSD, Zone 7 and TVTC, and not City, control the amount and timing of payment of such fees. Developer shall pay to City the amount of such DSRSD, Zone 7, and TVTC fees then in effect when payment is due or any such other amount that may be agreed upon in writing by Developer and DSRSD, Zone 7, or TVTC.

Section 3.8 Deferral of Payment of Certain City Development Impact Fees.

Developer may defer payment of the City’s Capital Facilities Fee, Traffic Development Fee, City Water Connection Fee and City Sewer Connection Fee, which are otherwise due when Developer obtains a building permit for each residence, until the Final Inspection for that residence; provided, however, that prior to issuance of a building permit for that residence, Developer executes a promissory note in favor of City, secured by a deed of trust, in the amount of the deferred fees due for such residence, which amount shall be due and payable prior to Final Inspection for such residence. For purposes of this Agreement, “Final Inspection” shall mean building permit approval/sign off. The City agrees that upon payment in full of the deferred fees, it shall promptly execute all such documents necessary for a title insurer to remove the deed of trust from title to the applicable residence. The Parties agree that deferral of payment of any of the above-mentioned fees does not apply to any third-party fees including but not limited to fees imposed by DSRSD, Zone 7, and the Pleasanton School District.

ARTICLE 4 City Obligations
Section 4.1 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving and securing capacity and/or supply for sewer, water and any other utilities or services as may be necessary or appropriate to serve the Project.

Section 4.2 Developer’s Right to Rebuild. City agrees that Developer may renovate or rebuild the Project Site within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Project Site become functionally outdated, within Developer’s sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, any Subsequent Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the applicable requirements of CEQA.

Section 4.3 Processing Subsequent Approvals. “Subsequent Approvals” shall mean those certain other land use approvals, entitlements, and permits other than the Project Approvals which are necessary or desirable for the development of the Project on the Project Site. The Subsequent Approvals may include, without limitation, the following:
amendments of the Project Approvals, lot line adjustments and/or parcel maps or final subdivision maps, improvement agreements, grading permits, building permits, sewer and water connection permits, and certificates of occupancy. The Subsequent Approvals shall be deemed approvals appropriate to implement City’s final policy decisions reflected in the Project Approvals and shall be issued by City so long as they comply with this Agreement and Applicable Law and are not inconsistent with the Project Approvals. The City shall not impose any condition of approval or other requirement upon any Subsequent Approvals that conflict with any Project Approvals or that could prevent or materially increase the cost of development of the Project pursuant to the Project Approvals; or (b) require any further legislative level entitlements to enable Developer to build out the Project on the Project Site.

Section 4.4 Regulation by Other Public Agencies. Other public agencies not within the control of City may possess authority to regulate aspects of the development of the Project Site separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. In the event any state or federal resources agency (e.g., California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality Control Board/State Water Resources Control Board, Bay Area Air Quality Management District), in connection with its final issuance of a permit or certification for all or a portion of the Project, imposes requirements that require modifications to the Project, then the Parties will use their best efforts to incorporate such changes into the Project; provided, however, that if Developer appeals or challenges any such permit requirements, then the Parties may defer such changes until the completion of such appeal or challenge.

Section 4.5 Other Government Permits. At Developer’s sole discretion and in accordance with Developer’s construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. City shall use reasonable efforts to assist Developer in obtaining such permits and approvals, including, at the reasonable request of Developer, attending meetings with other governmental or quasi-governmental entities, providing documents reasonably requested by other governmental or quasi-governmental entities, and assisting Developer, at Developer’s sole cost and expense, in implementing mitigation measures or other measures required by any such entity, and may, in its sole discretion, from time to time at the request of Developer, enter into binding agreements with any such entity as may be necessary to ensure the timely availability of such permits and approvals.

ARTICLE 5 Mortgagee Protection
Section 5.1 Mortgagee Protection. This Agreement shall not prevent or limit Developer in any manner, at Developer’s sole discretion, from encumbering the Project Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Project Site (“Mortgage”). This Agreement shall be superior and senior to any lien placed upon the Project Site or any portion thereof after the date of recording this Agreement, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall

be binding upon and effective against and inure to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee (“Mortgagee”) who acquires title to the Project Site, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.

Section 5.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 5.1 above, no Mortgagee shall have any obligation or duty under this Agreement to perform Developer’s obligations or other affirmative covenants of Developer hereunder; provided, however, that a Mortgagee shall not be entitled to devote the Project Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement, or by the Project Approvals and Applicable Law.

Section 5.3 Notice of Default to Mortgagee; Right of Mortgagee to Cure. If City receives a notice from a Mortgagee requesting a copy of any Default Notice given to Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed a default, and if City makes a determination of noncompliance hereunder, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Developer. Each Mortgagee shall have the right (but not the obligation) during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City’s notice.

Section 5.4 No Supersedure. Nothing in this Article 5 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 5 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 5.3.

Section 5.5 Technical Amendments to this Article 5. City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Project Site or any refinancing thereof and to otherwise cooperate in good faith to facilitate Developer’s negotiations with lenders.

ARTICLE 6 Miscellaneous
Section 6.1 Amendments. The Agreement may be amended in writing by the Parties, by mutual agreement, consistent with the procedures set forth in the Development Agreement Statute, as it is amended from time to time.

Section 6.2 No Damages Relief. The Parties acknowledge that neither Party would have entered into this Agreement if it were exposed to damages claims by the other Party for any breach of this Agreement. As such, the Parties agree that in no event shall either Party be entitled to recover damages against the other Party for breach of this Agreement. To the extent permitted by law, specific enforcement of this Agreement, including specific performance of Developer’s payment obligations set forth in Section 3.2(a)-(f), is the proper and desirable remedy.

Section 6.3 Cooperation in Event of Legal Action. In the event of an administrative, legal or equitable action or other proceeding instituted by a third-party challenging the validity of this Agreement or any Project Approval or Subsequent Approval, the

partis shall cooperate in defending such action or proceeding. However, Developer agrees to reimburse City for City’s reasonable attorneys’ fees, expert witness fees, and related costs as City may incur in connection with its retention of outside counsel, and for any award of court costs or fees against City. City has the right to choose and retain such legal counsel as the City deems appropriate. However, Developer shall have no obligation to reimburse City for costs incurred after the date on which Developer gives the City written notice of its decision to settle an action or proceeding, even if the City does not agree to the settlement.

The obligations of City and Developer pursuant to this Section 6.3 shall be suspended as provided in Section 1.6 in the event Ordinance _____ adopting the Development Plan is challenged by a referendum petition, or in the event Ordinance _____ adopting this Agreement is challenged by a referendum petition.

Section 6.4 Defaults. Any failure by either Party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party (unless such period is extended by mutual written consent), shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence (“Default Notice”) shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 30- day period. Upon the occurrence of a default under this Agreement, the non-defaulting Party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material default, terminate this Agreement. If the default is cured, then no default shall exist and the noticing Party shall take no further action. In the event City or Developer defaults under the terms of this Agreement, City or Developer shall have all rights and remedies provided under law. No default hereunder shall render invalid the lien of any deed of trust, mortgage or security interest in or upon the Project Site or any improvements or fixtures at any time located thereon.

Section 6.5 Periodic Review.
a. Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every twelve (12) months following the Effective Date, City shall review the extent of good-faith compliance by Developer with the terms of this Agreement. This review (the “Periodic Review”) shall be conducted by the Director of Community Development or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code §65865.1.
b. Good Faith Compliance. During the Periodic Review, the Director of Community Development shall review Developer’s good-faith compliance with the terms of this Agreement. At the conclusion of the Periodic Review, if the Director of Community Development finds that the Developer has not complied in good faith with the terms and conditions of this Agreement, the Director shall notify Developer in writing of the City’s findings. Developer shall have ten (10) business days from the date of the City’s notice to respond to City’s evaluation of Developer’s performance. Within ten (10) business days of receipt of the Developer’s response, the Director of Community Development shall provide a written determination, based on findings, as to whether Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the Director of Community Development shall be appealable to the City Council by Developer. If the Director of Community Development finds and determines that Developer has not complied with such terms and conditions, the Director of Community

Development may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in California Government Code §65867 and §65868. The costs incurred by City in connection with the Periodic Review process described herein shall be the responsibility of the Developer.

Section 6.6 California Law. This Agreement shall be construed and enforced in accordance with California Law.

Section 6.7 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties.

Section 6.8 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns, representatives, and all other persons acquiring all or a portion of the Project Site, or any interest therein, whether by operation of law or in any manner whatsoever, including, without limitation, purchasers or ground lessees thereof. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, California Civil Code Section 1468.

Section 6.9 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement, the Project Approvals or Subsequent Approvals to any affiliate of Developer or any third-parties acquiring an interest or estate in the Project Site or any portion thereof.

Section 6.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein for all purposes:

DA EXHIBIT A-1 Legal Description of Project Site
DA EXHIBIT A-2 Diagram of Project Site
DA EXHIBIT B PUD Development Plan (PUD-147) and Vesting Tentative Map (Tract 8522)
DA EXHIBIT C Affordable Housing Agreement
DA EXHIBIT D List of City Development Impact Fees and Exactions DA EXHIBIT E Estimate of City Development Impact Fees and Exactions DA EXHIBIT F Diagrams of Trail and Foothill Road Improvements Section 6.11 Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by FedEx or other similar courier promising overnight delivery to the respective addresses specified by each Party. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or

communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City, to: City of Pleasanton
123 Main Street
P.O. Box 520
Pleasanton, CA 94566
Attn: Gerry Beaudin, City Manager
Telephone: (925) 931-5002
E-mail: [email protected]
With Copies to: City of Pleasanton
123 Main Street
P.O. Box 520
Pleasanton, CA 94566
Attn: Dan Sodergren, City Attorney
Telephone: (925) 931-5015
Email: [email protected]
If to Developer, to: Foothill Boulevard Holding Company, LLC 11555 Dublin Blvd.

Dublin, CA 94568
Attn: James Summers, Manager
Telephone: (925) 828-7999
Email: [email protected]
With Copies to: Perkins Coie, LLP
505 Howard Street, Suite 1000
San Francisco, CA 94105-3204
Attn: Cecily Barclay, Partner
Telephone (415) 344-7117
Email: [email protected]
Section 6.12 Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. This Agreement constitutes in full, the final and exclusive understanding and agreement of the Parties and supersedes all prior and contemporaneous negotiations or agreements of the Parties with respect to all or any part of the subject matter hereof. Any waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and the Developer.

Section 6.13 Estoppel Certificate. Developer may, at any time, and from time to time, deliver a written notice to City requesting City to certify in writing that: (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments entered into by the Parties, (c) to the knowledge of City, neither Party is or has been in default under this Agreement, or if any such default has to City’s knowledge occurred, describing the nature of any such event of default and any cure thereof and (d) Developer has been determined to have complied in good faith with the terms of this Agreement. City shall execute and return such certificate to Developer within ten (10) business days following City’s receipt thereof, and if City fails so to do within such 10 business day period, the information in

Developer’s notice shall conclusively be deemed true and correct in all respects. The Director of Community Development, on behalf of City, shall execute certificates requested by Developer hereunder. City acknowledges that any certificate hereunder may be relied upon by any transferee or mortgagee of any interest of Developer hereunder.

Section 6.14 Further Assurances. Each of the Parties covenants, on behalf of itself and its successors and assigns, to take all actions and to execute, with acknowledgment or affidavit if required, any and all documents and writings, that may be reasonably necessary, proper or convenient to achieve the purposes and objectives of this Agreement.

Section 6.15 Interpretation. Captions and headings in this Agreement are for convenience of reference only and shall not affect the meaning or interpretation of any provision of this Agreement. The Parties have jointly participated in the negotiation and drafting of this Agreement, and this Agreement shall be construed fairly and equally as to the Parties, without regard to any rules of construction relating to the Party who drafted a particular provision of this Agreement.

Section 6.16 Recordation of Development Agreement. Pursuant to California Government Code §65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of Alameda.

Section 6.17 Limitation on Liability. Notwithstanding anything to the contrary contained in this Agreement, in no event shall: (a) any partner, officer, director, member, shareholder, employee, affiliate, manager, representative, or agent of Developer or any general partner of Developer or its general partners be personally liable for any breach of this Agreement by Developer, or for any amount which may become due to City under the terms of this Agreement; or (b) any official, member, officer, agent or employee of City be personally liable for any breach of this Agreement by City or for any amount which may become due to Developer under the terms of this Agreement.

Section 6.18 Project as a Private Undertaking; No Joint Venture or Partnership.

The Project constitutes private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. Nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Developer joint venturers or partners.

Section 6.19 Time Is of the Essence. Time is of the essence for each provision of this Agreement for which time is an element.

Section 6.20 Third Party Beneficiaries. Except as otherwise provided herein, City and Developer hereby renounce the existence of any third-party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third-party beneficiary status.

Section 6.21 Attorneys’ Fees; Prevailing Party. If legal action is brought by one of the Parties to enforce a provision of this Agreement, the prevailing Party is entitled to reasonable attorneys’ fees, expert witness fees, and court costs Section 6.22 Recitals. The recitals to this Agreement are part of the Agreement.

IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the day and year first above written.

Dated:____________________________
“CITY”

CITY OF PLEASANTON,
a municipal corporation
By:

Gerry Beaudin, City Manager

Dated:____________________________ Approved as to form:

By:

Daniel G. Sodergren, City Attorney
Dated:____________________________ Attest:

By:

Jocelyn Kwong, City Clerk
Dated:____________________________
“DEVELOPER”
Foothill Boulevard Holding Company, LLC
By:

James Summers
Its: Manager

165344286.14
EXHIBIT A-1
TO

DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION OF PROJECT SITE
[See Attached]

167822884.1
EXHIBIT A-1
TO

DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION OF PROJECT SITE
Real property in the unincorporated area of the County of Alameda, State of California, described as follows:

PARCEL A:

BEGINNING AT THE NORTHWESTERN CORNER OF LOT 2, AS SAID LOT IS SHOWN

ON THE MAP ACCOMPANYING THE REFEREE'S REPORT IN ALAMEDA COUNTY SUPERIOR COURT CASE NO. 10329 ENTITLED "ADA M. DOUGHERTY, PLAINTIFF, VS. JAMES WITT DOUGHERTY, ET AL, DEFENDANTS," WHICH CORNER IS ALSO THE CENTER LINE OF THE COUNTY ROAD LEADING FROM DUBLIN TO SUNOL; THENCE RUNNING ALONG THE CENTER LINE OF SAID COUNTY ROAD SOUTH 2° 30' EAST 70 FEET; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 28° 30' EAST 340 FEET; THENCE LEAVING SAID CENTER LINE OF SAID COUNTY ROAD AND RUNNING NORTH 51° 45' EAST 380 FEET; THENCE RUNNING NORTH 13° 30' WEST 230 FEET TO THE NORTHERN BOUNDARY LINE OF SAID LOT 2; THENCE RUNNING ALONG THE NORTHERN BOUNDARY LINE OF SAID LOT 2 SOUTH 76° 30' WEST 440 FEET MORE OR LESS TO THE POINT OF BEGINNING.

APN: 941-0950-003-01
PARCEL B:

BEGINNING AT THE SOUTHWESTERN CORNER OF LOT 2, AS SAID LOT IS SHOWN

ON THE MAP ACCOMPANYING THE REFEREE'S REPORT IN ALAMEDA COUNTY SUPERIOR COURT CASE NUMBER 10239 "ADA M. DOUGHERTY, PLAINTIFF VS.

JAMES WILL DOUGHERTY, ET AL., DEFENDANTS", WHICH CORNER IS ALSO THE

CENTER LINE OF FOOTHILL ROAD, FORMERLY THE COUNTY ROAD LEADING FROM DUBLIN TO SUNOL; THENCE RUNNING ALONG THE SOUTHERN BOUNDARY LINE OF SAID LOT 2, NORTH 76° 30' EAST, 516.5 FEET; THENCE LEAVING SAID SOUTHERN BOUNDARY LINE AND RUNNING NORTH 13° 30' WEST, 400 FEET; THENCE RUNNING SOUTH 76° 30' WEST, 630 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF SAID FOOTHILL ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID FOOTHILL ROAD, SOUTH 28° 30' EAST, 225.5 FEET; AND THENCE SOUTH 30° 30' EAST, 190.74 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-03
PARCEL C:

BEING A PORTION OF LOT 2, AS SAID LOT IS DELINEATED AND SHOWN ON THE MAP ACCOMPANYING REFEREE'S REPORT IN CASE #10239 SUPERIOR COURT

- 2 - 167822884.1
OF ALAMEDA COUNTY, ADA M. DOUGHERTY VS. JAMES WILL DOUGHERTY, ET AL, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2, S. 16° 25' 26" E., 830.02 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, S. 77° 35' 02" W., 1331.16 FEET; THENCE LEAVING SAID SOUTHERLY LINE N. 15° 42' 10" W 829.18 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG SAID NORTHERLY LINE N. 77° 34' 34" E., 1320.69 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-11

PARCEL D
BEING A PORTION OF LOT 2, AS SAID LOT IS DELINEATED AND SHOWN ON THE MAP ACCOMPANYING REFEREE'S REPORT IN CASE #10239 SUPERIOR COURT OF ALAMEDA COUNTY, ADA M. DOUGHERTY VS. JAMES WILL DOUGHERTY, ET AL, DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, S. 77° 35' 02" W., 1331.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 77° 35' 02" W., 505.44 FEET TO THE EASTERLY LINE OF PARCEL DESCRIBED IN THE DEED RECORDED IN SERIES 89-023130 OFFICIAL RECORDS OF ALAMEDA COUNTY TO SCHOLES; THENCE ALONG SAID EASTERLY LINE N. 12° 25' 26" W., 400.07 FEET; THENCE ALONG THE NORTHERLY LINE OF LAST SAID PARCEL S. 77° 34' 34" W., 630.65 FEET; THENCE LEAVING SAID NORTHERLY LINE N. 27° 26' 14" W., 23.06 FEET TO THE SOUTHERLY CORNER OF THE PARCEL DESCRIBED IN THE DEED RECORDED IN SERIES 86-138999 OFFICIAL RECORDS OF ALAMEDA COUNTY TO MERRITT; THENCE ALONG THE SOUTHEASTERLY LINE OF LAST SAID PARCEL N. 52° 50' 09" E., 380.00 FEET; THENCE ALONG THE EASTERLY LINE OF LAST SAID PARCEL N. 12° 25' 22' W., 246.37 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 2 N. 77° 34' 34" E., 749.51 FEET; THENCE LEAVING LAST SAID NORTHERLY LINE S. 15° 42' 10" E., 829.18 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-12

165344286.14
EXHIBIT A-2
TO

DEVELOPMENT AGREEMENT

DIAGRAM OF PROJECT SITE
[See Attached]

EXHIBIT A-2
TO

DEVELOPMENT AGREEMENT

DIAGRAM OF PROJECT SITE

165344286.14

EXHIBIT B
TO

DEVELOPMENT AGREEMENT
PUD DEVELOPMENT PLAN (PUD-147) and VESTING TRACT MAP (Tract 8522) [See Attached]

5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
141.020
06-14-2024
JOB NO.

DATE
T1.2
MERRITT PROPERTY | Pleasanton, California

SITE ILLUSTRATIVE

NO PARKING
TP. 343.25 TP. 339
TP. 346.5
TP. 349
TP. 353

F O O T H I L L R O A D
27'-0"

MATCH (E) STREET
36'-0"
20'-0"
MATCH
(E) STREET
25' O.C.
30' O.C.

SITE ILLUSTRATIVE
REVISED 12-6-2023
REVISED 6-13-2024

x
367.1
x
421.4
x
393.2
x
386.6
x
381.4
x
375.1
x
418.9
x
420.7
x
354.7
x
x
328.5
x
328.6
x
328.7
x
328.9
x
320.7
x
385.7
x
382.4
x
429.7
x
429.7
x
429.5
x
429.7
x
423.5
x
422.4
x
423.3
x
413.4
x
391.7
x
321.4
x
334.7
x
334.5
x
341.9
x 348.6
STOP
STOP
STOP
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Concrete
Concrete
Concrete
Concrete
Concrete
Concrete
Unpaved
Unpaved
Gate
Gate
Gate
Gate
INTERSTATE 680

ASHWOOD DRIVE

EASTWOOD WAY
420
415
355
330 325
320 350

REDWOOD COURT NORTHWOOD COURT

FERNWOOD WAY

FALLWOOD COURT ALDERWOOD COURT

MUIRWOOD DRIVE FOOTHILL ROAD
Pool
Pool
400
440
435
430
400
395 390
420
375
380
385
390
395
400
405 410
415
395
400
390
325
322
\A1;12'%%P
3 2
1 4 5 6 7
8 10 9
11 12
15 16 17 18 19 20 21 22 23 24 25 26 27
28 29
42 43
45 46
47 48 49 50
51 52
53 54
55 56
57 58
59 60
61 62 64 63
65 66
73 72 71
75 74
76 77
78 79
80 81
82 85
84 83
86 87
89 44
13 14
102 103 104 105 106
111 110 109 108 107
31 32
33 34
35 36
37 38 39 40 41
90 91 92 93
70 69 68 67
100
101
99 94 95
98 97 96
30 88

STREET C

STREET C

STREET D

STREET E

STREET E

STREET A

STREET A

STREET E

STREET D
{\T0.85;DWY E}
{\T0.85;DWY F}

STREET B

PARCEL A

PARCEL B

PARCEL D (EVA)

PARCEL F

FERNWOOD WAY

EASTWOOD WAY

MUIRWOOD DRIVE
INTERSTATE 680

ALDENWOOD

FALLWOOD

REDWOOD

NORTHWOOD

EQUUSCOURT
(PUBLIC)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
(PRIVATE)
EX 10'
SSE
(PRIVATE)

PARCEL E

PARCEL C
SEE SHEET C-4 FOR TYPICAL ALLEY LOADED MARKET RATE & BMR SETBACKS EVA
\A1;10'
\A1;PSE
\A1;10'
\A1;PSE
22' SDE
20'DWY
\A1;20'
\A1;DWY
\A1;10.5' SDE

DRIVEWAY I
(PRIVATE)
\A1;10'
\A1;SDE
\A1;20'
\A1;DWY

MALONEY/

TARNOW ELMER

HUTCHINSON
YI
TUTTLE

MADUELL
LOCHER
NEAL

THOMPSON
MCSTAY
REDDY

HOLLOWAY

MININIMORETTI

CARPENTER

MORETTI/
KONDA

HARRAH/
TRUST

WHEELER NIA/GHADAR

ACHARYA

WESCOTT
KHIEM

MILLER/
TRUST

HARTRELL
XIAO
\A1;36'%%P \A1;40'%%P
171057
4690 CHABOT DRIVE
PLEASANTON, CA 94588
928-227-9100
G:\\JOB2017\\171057\\CAD FILES\\02-PLANNING\\PD\\03-SP-171057-PD.DWG 6/13/2024 9:00:28 AM HILLARY RAYA N
80 80 160 240
0 1 inch = ft.

PRELIMINARY SITE

DEVELOPMENT PLAN
C-3

LOT SIZE

MINIMUM YARD MINIMUM LOT
(1)
(2) (3) (3) (4)(5) (6) (7) (8) (9) (10) (11)
Maximum Height 1 story/2 story Maximum FAR Garage Front Yard Sides (A) One side/Total Rear Interior Lots Rear Perimeter Lots Front Porches Minimum Area Minimum Width Minimum Depth (FT) (%) (FT) (FT) (FT) (FT) (FT) (FT) (SF) (FT) (FT)

PUD-LDR (DETACHED)
25' / 32'
60% 22' 12' 5' / 10' 15' 50' 8' 7,000 72 100

PUD-MR/BMR (COURTYARD HOMES)
25' / 32' N/A 3' 3' 3.3' / 6.6' 5' (PATIO) 8' (ALLEY) /15' (INTERNAL) N/A 3.5' 2,475 43 55

1.SEE SHEET C-4 FOR STREET SECTIONS, LOT TABLE, AND LOT SETBACK DETAIL.

2.FOR SPECIFIC BUILDING HEIGHTS, SEE ARCHITECTURAL PLANS.

3.PRELIMINARY HOUSE SQUARE FOOTAGES ARE APPROXIMATE.

4.LOT 89 CONSISTS OF ONE EXISTING RESIDENCE AND TWO EXISTING NON-HABITABLE STRUCTURES TO REMAIN, ALL INCLUDED AS ONE DWELLING UNIT IN THE DENSITY CALCULATIONS.

5.DENSITY BONUS FOR SENIOR HOUSING PURSUANT TO CHAPTER 17.38 SECTIONS 17.38.030 (C) AND 17.38.040 (B).

6.A 20% DENSITY BONUS IS BEING PROPOSED.
\W0.8500;LAND USE SUMMARY
\W0.8500;NOTES
PROPOSED UNIT COUNT= 111
(92 DETACHED +
18 BMRS +
1 EXISTING)
GROSS SITE AREA= 46.4 ACRES
MAXIMUM ALLOWABLE GROSS DENSITY= 46.4 AC X 2 DU/AC
= 93 HOMES

PROPOSED DENSITY
MARKET RATE HOMES= 92 PROPOSED + 1 EXISTING
PROPOSED SENIOR AFFORDABLE HOMES= 18 HOMES
(20% OF BASE DENSITY=18.4=18 PER IZO)
TOTAL HOMES= 111 HOMES
DEDICATION= 1.0%%P ACRES (PUBLIC STREET)
NET SITE AREA= (GROSS SITE AREA - DEDICATION)
= 45.4 ACRES
{LAND USE} {UNITS} {ACRES} {% OF SITE
}
EXISTING RESIDENCE (LOT 89) 1 5.1 11.1%
LOW DENSITY RESIDENTIAL (LDR)86 23.250.0%

SINGLE FAMILY DETACHED
7,200 S.F. TO 26,500 S.F. LOT SIZE
MARKET RATE & BELOW MARKET RATE (BMR)24 2.0 4.3%
(SENIOR AFFORDABLE HOUSING)
2,475 S.F. TO 5,500 S.F. LOT SIZE
PRIVATE STREETS AND SIDEWALKS-7.2 15.5%
OPEN SPACE (PARCEL A - G) -6.9 14.9%
FOOTHILL ROAD STREET DEDICATION-1.02.1%
STREET A (PUBLIC STREET)-1.02.1%
TOTAL11146.4 100.0%

PARKING SUMMARY
STREET 177
GARAGE (2 PER PLAN 1, 2, 3, 6, 7, 8)
174
GARAGE (3 PER PLAN 4 & 5)
72 DRIVEWAY (2 PER SINGLE-FAMILY DETACHED RESIDENCE)
174
TOTAL 597
LOT

AREA (SF)
PARCEL A 6,247
PARCEL B 86,201
PARCEL C 50,476
PARCEL D 3,783
PARCEL E 3,318
PARCEL F 146,878
PARCEL G 1,141
TOTAL 298,044

BUILDING

1.MAXIMUM HEIGHT: Height of building measured from the foundation elevation to the point of the highest ridge, excluding chimneys.

2.FAR: FLOOR AREA RATIO: The ratio of floor area allowed per lot to lot area. This is represented as a percentage. Seven hundred feet (700) are excluded from the FAR calculation for the garage. Additionally, up to Eight Hundred feet (800) of Living space is excluded for Accessory Dwelling structures above garages or attached to main house. ADU's that are detached are excluded from this calculation.

Not applicable to PUD MR/BMR lots.

MINIMUM YARD

3.FRONT HOUSE: Excepting architectural projections, minimum front yard is measured from the right-of-way line to the front foundation plane of the house. Front setbacks on PUD-LDR lots are allowed to be reduced to 8 feet, for a maximum allowable 15 feet width projection.

4.SIDE SETBACK: The minimum one side yard and the minimum total of the both side yards. Measured from the side property line(or street right--of-way if a corner lot) to the foundation plane on the home (excludes popouts for fireplaces, media niches, and/or bay windows).

5.Side yard setback for corner lots on PUD-LDR lots shall be ten feet (10) on corner side.

6.MINIMUM REAR YARD: Minimum rear yard measured from the rear property line to the foundation plane of the home (excludes popouts for fireplaces, media niches, nooks, and/or bay windows). Fifty percent (50%) of the rear plane of the foundation may project into the setback by up to 10 feet.

7.Lots that are located along the northern and southern property lines shall have a minimum of a 50 feet setback for habitable structures.

8.FRONT PORCH SETBACK: The minimum setback from a front porch to right of way line.

MINIMUM LOT

9.MINIMUM AREA: Minimum lot area within the property boundaries measured from the public right-of-way.

10.MINIMUM WIDTH: Average minimum lot width excepting cul-de-sacs where the minimum street frontage width may be 15 feet. \A1;{\H0.7x;\S(1)^;} GARAGE OPTIONS ARE AVAILABLE FOR SOME PLAN TYPES AND MAY CHANGE THE PARKING COUNTS SHOWN HEREIN.

ACCESSORY DWELLING UNITS
Accessory dwelling units are offered in several configurations, with building heights allowed up to 25 feet and side and rear setbacks at

1.ALL ONSITE PRIVATE STREETS AND SIDEWALKS SHALL HAVE A PUBIC SERVICE EASEMENT (PSE). ALL ONSITE PRIVATE STREETS SHALL HAVE AN EMERGENCY VEHICLE ACCESS EASEMENT (EVAE).

2.ENTRY GATE AT RIGHT OF WAY ON STREET A SHALL HAVE ACCESS OVERRIDES FOR ACCESS BY EMERGENCY SERVICE AND TRASH SERVICE PERSONNEL.

3.CONCRETE BAND AT STREET ENTRY GATE TO DELINEATE PUBLIC STREET A FROM PRIVATE STREET A.

4.GATES AT EVA LOCATIONS SHALL ALLOW EMERGENCY VEHICLE ACCESS AND RESIDENT ONLY PEDESTRIAN ACCESS.

5.STREET PARKING SHOWN HEREIN IS FOR INFORMATIONAL PURPOSES ONLY. STREET PARKING STALLS SHALL NOT BE STRIPED. ON STREET PARKING STALLS CALCULATED USING 8'X24' DIMENSIONS.

6.POSTED "NO PARKING" SIGNAGE SHALL BE PROVIDED WHERE VEHICLE PARKING IS PROHIBITED.

x
367.1
x
421.4
x
393.2
x
386.6
x
381.4
x
375.1
x
418.9
x
420.7
x
354.7
x
x
328.5
x
328.6
x
328.7
x
328.9
x
320.7
x
385.7
x
382.4
x
429.7
x
429.7
x
429.5
x
429.7
x
423.5
x
422.4
x
423.3
x
413.4
x
391.7
x
321.4
x
334.7
x
334.5
x
341.9
x 348.6
STOP
STOP
STOP
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Pool
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Asphalt
Concrete
Concrete
Concrete
Concrete
Concrete
Concrete
Unpaved
Unpaved
Gate
Gate
Gate
Gate
INTERSTATE 680

ASHWOOD DRIVE

EASTWOOD WAY
420
415
355
330 325
320 350

REDWOOD COURT NORTHWOOD COURT

FERNWOOD WAY

FALLWOOD COURT ALDERWOOD COURT

MUIRWOOD DRIVE FOOTHILL ROAD
Pool
Pool
400
440
435
430
400
395 390
420
375
380
385
390
395
400
405 410
415
395
400
390
325
322

STREET C

STREET C

STREET D

STREET E

STREET E

STREET A

STREET A

STREET E

STREET D
{\T0.9;DRIVEWAY} E {\T0.9;DRIVEWAY F}

STREET B

PARCEL A

PARCEL B

PARCEL C

PARCEL D

PARCEL F
43'PSE
\A1;10'
15'PPAE
51'PSE
38'PSE
56'PSE
56'
PSE
48'
PSE
48'PSE
51'PSE
51'
PSE
48'
PSE
51'PSE
46'PSE
\A1;152'
62'
PSE 36'
EVAE
\A1;25'
\A1;66'
\A1;46'\A1;PSE
\A1;141'\A1;22'
\A1;PSE
\A1;23.5'

FERNWOOD WAY

EASTWOOD WAY

MUIRWOOD DRIVE

ALDENWOOD

FALLWOOD

REDWOOD

NORTHWOOD

EQUUS COURT
\A1;32'
\A1;20'
\A1;36'
\A1;EVAE\A1;28'
\A1;EVAE\A1;36'
\A1;EVAE \A1;36' \A1;EVAE
\A1;36'\A1;EVAE
28'
EVAE
\A1;EVAE\A1;28'
\A1;28'
\A1;EVAE \A1;36'
\A1;EVAE\A1;36'
\A1;EVAE\A1;EVAE \A1;36'
\A1;36'
\A1;EVAE\A1;36'
\A1;36'
\A1;46'\A1;EVAE \A1;21' EVA
EX 10'

SS ESMT
\A1;363'
10'
SDE

10.5'
SDE
21'PSE
\A1;24'%%p
\A1;PPAE
\A1;36'
\A1;EVAE
46'
PSE
90 91 92 93
94 95
98 97 96
99 101 100
102 103 104 105 106
108 107
110 109
111
3 2
1 4 5 6 7
10 9 8
11 12 15
16 17
18 19 20 21 22 23 24 25 26 27
28 29
30 31 32
34 33
35 36
37 38 39 40 41
42 43
45 46
47 48 49 50
51 52 53 54 55 56 57 58
59 60
61 62 64 63
65 66
70 69 68 67
71 76 75 74 73 72
77 78
79 80
81 82
85 84
83 86
87 88
89 44
13 14
\A1;20'
\A1;28'

29.5'
PSE
\A1;20'
\A1;10'
\A1;PSE
EVA
\A1;26'
\A1;21'
(PUBLIC)
LOT A
(PRIVATE)
\A1;22'
\A1;PSE
\A1;21'
\A1;21'
\A1;49'
24'PSE
\A1;49'
\A1;36'
LOT B
LOT C
(PRIVATE)
LOT C
(PRIVATE)
LOT D
(PRIVATE)
LOT D
(PRIVATE)
LOT E
(PRIVATE)

LOT E(PRIVATE)

LOT E(PRIVATE)
LOT AA
(PRIVATE)
LOT BB

LOT CC(PRIVATE)
LOT DD
(PRIVATE)
LOT GG
(PRIVATE)
LOT HH
(PRIVATE)

PARCEL E
{LOT
EE}
{LOT \A1;20' EVAE 30' FF}
PSE
\A1;10' \A1;PSE
\A1;15'
\A1;PPAE
22'
SDE
EX 10'

SS ESMT
(PRIVATE)
(PRIVATE)

DRIVEWAY I
LOT II
(PRIVATE)

25.5'PSE
\A1;10'
\A1;SDE
\A1;10'

MALONEY/

TARNOW ELMER

HUTCHINSON
YI
TUTTLE

MADUELL
LOCHER
NEAL

THOMPSON
MCSTAY
REDDY

HOLLOWAY

MININIMORETTI

CARPENTER

MORETTI/
KONDA

HARRAH/
TRUST

WHEELER NIA/GHADAR

ACHARYA
KHIEM

WESCOTT

MILLER/
TRUST

HARTRELL
XIAO
N
80 80 160 240
0 1 inch = ft.

G:\\JOB2017\\171057\\CAD FILES\\02-PLANNING\\TENT-MAP\\02-LP-171057-VTM.DWG 6/13/2024 9:19:24 AM HILLARY RAYA JOB NO.: 171057
DATE: JUNE 14, 2024
SHEET NO.
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9300

E N G N E E R S P A N N E R S S U R E Y O R S
SHEET OF 7 2
{NUMBER OF UNITS* 111
NUMBER OF LOTS**132
GROSS SITE AREA 46.4 ACRES

FOOTHILL ROAD
PUBLIC STREET DEDICATION 1.0%%P ACRES
NET SITE AREA 45.4 ACRES
SINGLE FAMILY RESIDENTIAL 28.3 ACRES
BMR & MARKET RATE RESIDENTIAL 2.0ACRES
PUBLIC STREETS & SIDEWALK1.0ACRES
PRIVATE STREETS & SIDEWALK 7.2 ACRES
OPEN SPACE 6.9 ACRES
* NUMBER OF UNITS INCLUDES 1 DWELLING UNIT TO REMAIN ON LOT 89. ** NUMBER OF LOTS INCLUDE PARCELS A-G
*** ALL ON-SITE STREETS AND COURTS WILL BE PRIVATE, EXCEPT FOR A PORTION OF STREET A AS SHOWN.} SITE SUMMARY
{\fSystem|b1|i0|c0;LOT AREA (SF)
13,481
23,442
24,687
12,453
8,474
9,264
9,953
10,207
8,832
9,965
14,482
15,074
15,514
15,007
15,820
15,400
14,428
16,056
14,770
13,480
14,770
13,930
14,700
14,014
14,700
{\fSystem|b1|i0|c0;LOT AREA (SF)
13,300
16,108
10,494
7,770
9,414
10,629
10,038
8,891
8,949
10,078
9,935
8,790
9,186
11,579
9,978
9,640
11,630
8,424
12,646
10,801
7,757
7,757
9,065
8,332
9,258
{\fSystem|b1|i0|c0;LOT AREA (SF)
9,268
8,439
8,099
8,029
7,973
7,973
7,973
8,987
11,306
9,105
9,911
8,988
9,448
8,468
9,975
15,489
3,785
3,182
3,182
3,838
16,578
16,622
13,300
11,479
12,123
{\fSystem|b1|i0|c0;LOT AREA (SF)
19,836
9,376
9,879
8,185
7,560
7,560
9,917
11,738
8,474
18,266
12,297
13,975
26,309
220,865
3,714
3,128
3,156
3,715
3,566
4,031
4,037
3,476
6,465
3,762
11,604
{\fSystem|b1|i0|c0;LOT AREA (SF)
11,190
4,872
3,863
3,563
3,562
4,599
4,282
3,289
3,637
3,608
3,933
TOTAL 1,322,161
{\fSystem|b1|i0|c0;LOT AREA (SF)
LOT A 18,805
LOT B 12,629
LOT C 81,178
LOT D 66,330
LOT E 63,380
LOT AA 6,480
LOT BB 3,864
LOT CC 19,489
LOT DD 22,125
LOT EE 1,783
LOT FF 1,783
LOT GG 5,134
LOT HH 6,461
LOT II 5,228
TOTAL 314,669

PRELIMINARY LOTTING PLAN
TM2.0
{\fSystem|b1|i0|c0|p0;PARCEL SUMMARY}
6,247
86,201
50,476
3,783
3,318
146,878
1,141
TOTAL 298,044
%%ULEGEND
{PUBLIC STREET DEDICATION
ABUTTER'S RIGHTS RELINQUISHMENT }

165344286.14

EXHIBIT C
TO

DEVELOPMENT AGREEMENT

AFFORDABLE HOUSING AGREEMENT
[See Attached]

1 164627870.6

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Pleasanton
P.O. Box 520
Pleasanton, CA 94566
Attention: City Manager

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN:

This document is exempt from recording
fees pursuant to Government Code §
27383 and exempt from Documentary
Transfer Tax pursuant to Revenue and
Taxation Code §11922

AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT ("Agreement") is made this day of , 2024, by the CITY OF PLEASANTON, a Municipal Corporation ("City"), and FOOTHILL BOULEVARD HOLDING COMPANY, LLC a California limited liability company ("Developer").

RECITALS
A. Developer currently controls or owns a legal or equitable interest in land consisting of approximately forty six (46) acres in unincorporated Alameda County, proposed to be annexed to the City of Pleasanton, California, more particularly described in Attachment 1 attached hereto and incorporated herein by reference (the "Property").

B. For the Property, Developer has obtained City approval (PUD-xxx) to create 111 lots and develop a 110-unit age-qualified fifty-five (55) year and older residential project (collectively the "Project") consisting of 93 single family detached homes and 18 alley-loaded and/or courtyard detached and duet homes. The 111th lot is for an existing home.

C. Developer has utilized the state density bonus allowed for age-qualified housing projects pursuant to California Government Code Section 65915(b)(1)(C). This twenty percent (20%) density bonus allows 112 homes on the property, which has a maximum existing density of ninety-three (93) homes before applying the density bonus. The number of affordable homes required by City's Inclusionary Zoning Ordinance (IZO) is eighteen (18) homes (twenty percent of the base 92 home project).

D. The eighteen (18) homes required by the IZO will be available to households with incomes at or below one hundred and twenty percent (120%) (moderate income) of Area Median Income (AMI).

E. Developer shall provide Accessory Dwelling Units (ADUs) in the Project to further expand the affordability component of the Project by providing opportunities for further dispersal of affordable residential units that are affordable by design throughout the community.

2 164627870.6
F. Execution of this Agreement memorializes the requirements of the City's Inclusionary Zoning Ordinance (Ordinance 1818) for the Project and shall be in lieu of paying the City’s Lower Income Housing Fee for this Project.

NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, City and Developer agree as follows:

A. Of the 110 homes authorized for development by the PUD Development Plan approved by the City Council by its Ordinance 21-YYY, eighteen (18) shall be "Affordable" units. The 18 units required to meet the IZO shall be available for purchase to households with annual incomes at or below 120% of the Area Median Income (AMI) as set forth herein. The Affordable units shall be at least 1,200 square feet and shall be consistent with the following:

Unit Type Moderate Income
(120% of AMI)
2 Bedroom 18
Total 18
Area Median Income (AMI) shall mean the area median income for San Francisco-Fremont Metropolitan Statistical Area adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Urban Development (HUD) pursuant to Section 8 of the United States Housing Act of 1937 or any successor Statute.

B. Affordable unit sales prices shall be based on the following household sizes:

Unit Type Household Size
2 Bedroom Unit Three (3) person household
C. The sales prices for each of the Affordable units shall be calculated based on a maximum sales price for a three (3) person household (regardless of the number of qualified applicants at the time of sale or thereafter) calculated by the City in accordance with its Pleasanton Homeownership Assistance Program guidelines and restrictions, as such restrictions have been modified and approved by the City Council for this Project in the form attached hereto as Attachment 2 (the ”Merritt Property Age-Qualified Community Homes PHAP Requirements” ).

In the event that there are improved marketing strategies for securing qualified buyers, or there is an inadequate pool of qualified buyers, for the Affordable units, the Developer may propose revisions to the PHAP Requirements to attract additional qualified buyers. Such revisions to the PHAP Requirements shall be subject to review and approval by the Community Development Director.

At the initial sales for the Project, sales prices for Affordable units shall be based on the AMI at the time the City issues a Certificate of Occupancy for each unit. Thereafter, prices shall adjust consistent with HUD adjustments in the AMI. If HUD fails to issue revised Area Median Income/ household income statistics for the San Francisco-Oakland-Fremont Metropolitan Statistical Area within 12 months of the previous revision, sales prices for the Affordable units may be adjusted based on the annual percentage increase in the San Francisco-Oakland Consumer Price Index for urban wage earners and clerical workers.

D. The Affordable units shall be located in the alley-loaded and courtyard housing, as shown on the Project PUD site plan. The Affordable units shall be constructed concurrent with construction of the market-rate units.

E. Sales of the Affordable units shall be in accordance with City eligibility and income guidelines in conformance with the City’s Preference System for City Assisted Affordable Rental and

3 164627870.6
Homeownership Programs in Resolution 21-1199, as may be amended, unless otherwise mandated by federal or state laws governing fair housing, upon which the City and Developer shall initially agree to a different process as permitted by such laws.

F. Developer shall enter into a restrictive covenant with the City in a form approved by the City Attorney, to be executed by the City Manager, to require that the housing development consisting of the 110 new housing units (and not the existing 111th housing unit) be operated as “housing for older persons” consistent with state and federal fair housing laws.

G. The Affordable units shall have the same exterior standards of quality (stucco, stone, siding, etc.) as the market rate units; however, interior features (e.g., flooring, cabinets, appliances, interior features/amenities, services, etc.) may be different than the market rate units, as long as the workmanship and the products are of standard residential quality as determined by the City.

H. By providing the Affordable units, all units in the entire Project are exempt from the Affordable Housing Fee.

I. Developer shall provide a minimum of four (4) ADUs; two (2) of these ADUs will be within the main home and the remaining two (2) ADUs will be detached structures in rear yards. The ADUs are not required to be rented or sold; and if rented or sold, are not required to be rented or sold at affordable levels.

J. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators, and assigns with respect to the Affordable units.

However, in no event shall this Agreement be binding or impose any obligations, (including but not limited any indemnity or duty to defend obligations), on an owner of a market-rate single family home located on the Property, except for the restrictive covenant set forth in set F of this Agreement. The Developer and any successors, heirs, administrators and assigns of the market-rate single family homes shall enter into a restrictive covenant requiring the housing development to be operated as “housing for older persons” consistent with state and federal fair housing laws.

K. Developer shall notify the initial buyers of the Affordable units that they are required to comply with the restrictive covenants recorded on the Affordable units, which among other things, will restrict the sale of the units to other eligible age-qualified purchasers at a maximum release price determined by the City in accordance with the Merritt Property Age-Qualified Community Homes PHAP Requirements. The initial buyers and subsequent buyers shall execute a Promissory Note and Performance Deed of Trust to capture any excess proceeds received in the case of an ineligible transfer of an Affordable unit. The restrictive covenants shall remain in perpetuity and the Note and Performance Deed of Trust shall remain as long as the initial buyer or any successor, heir or assign owns the Affordable unit.

L. Developer shall have the right to transfer and assign all of its rights, duties and obligations under this Agreement to any affiliate of Developer or to any person or entity acquiring fee simple title to any portion of the Property. Developer shall be immediately released from its obligations under this Agreement upon such assignment so long as: (i) Developer was not in default of this Agreement at the time of conveyance, (ii) Developer provided to City prior written notice of such transfer, and (iii) the transferee executes and delivers to City a written assumption agreement in which: (1) the name and address of the transferee is set forth, and (2) the transferee expressly assumes the obligations of Developer under this Agreement. Failure to deliver a written assumption agreement hereunder shall not negate, modify, or otherwise affect the liability of any transferee pursuant to the provisions of this Agreement. Nothing herein contained shall be deemed to grant to City discretion to approve or deny any such transfer.

4 164627870.6
M. If Developer fails to perform an obligation hereunder, and such failure continues for thirty (30) days after receipt of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Developer shall be in default hereunder and the City’s sole remedy hereunder shall be to pursue an action for specific performance against Developer.

N. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, or sent by prepaid registered or certified mail with return receipt requested, and shall be deemed to have been given on the earliest of (1) receipt or refusal of receipt; (b) one business day after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days after the date deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or (d) on the day of its transmission by facsimile if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided that a copy of such notice, consent or other communication is also delivered pursuant to clause (b) or (c) above. All references to “business days” herein shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows (or to such other or further addresses as the parties may designate by notice given in accordance with this section):

If to the City, at:

City of Pleasanton
Attention: City Manager
P.O. Box 520
Pleasanton, CA 94566
If to the Developer, at:

Foothill Boulevard Holding Company, LLC
c/o The DeSilva Group LLC
Attention: Jim Summers
11555 Dublin Boulevard
Dublin, CA 94568-2854
With a Copy to:

Perkins Coie, LLP
Attention: Cecily Barclay
505 Howard Street, Suite 1000
San Francisco, CA 94105
O. Notwithstanding anything to the contrary in this Agreement, the restrictions set forth in this Agreement shall be enforceable solely by the City and not by, or on behalf of, any resident of the Project.

P. This Agreement may be executed in counterparts, and when all counterpart documents are executed, the counterparts shall constitute a single binding agreement.

Q. This Agreement shall be recorded in Alameda County, shall run with the land, and shall bind the parties and their successors in interest.

5 164627870.6
THIS AGREEMENT is executed the date and year first above written.

CITY:

CITY OF PLEASANTON, a Municipal Corporation By:
______________________________
Gerry Beaudin, City Manager
ATTEST:
______________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
______________________________
Daniel Sodergren, City Attorney
DEVELOPER:

FOOTHILL BOULEVARD HOLDING COMPANY, LLC, a California limited liability company By:
_____________________________
James B. Summers
Title: ________________________
Attachments:

1. Legal Description

2.. Merritt Property Age-Qualified Community Homes PHAP Requirements

6 164627870.6
Attachment 1
Legal Description

167854933.1
Real property in the unincorporated area of the County of Alameda, State of California, described as follows:

PARCEL A:

BEGINNING AT THE NORTHWESTERN CORNER OF LOT 2, AS SAID LOT IS SHOWN

ON THE MAP ACCOMPANYING THE REFEREE'S REPORT IN ALAMEDA COUNTY SUPERIOR COURT CASE NO. 10329 ENTITLED "ADA M. DOUGHERTY, PLAINTIFF, VS. JAMES WITT DOUGHERTY, ET AL, DEFENDANTS," WHICH CORNER IS ALSO THE CENTER LINE OF THE COUNTY ROAD LEADING FROM DUBLIN TO SUNOL; THENCE RUNNING ALONG THE CENTER LINE OF SAID COUNTY ROAD SOUTH 2° 30' EAST 70 FEET; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 28° 30' EAST 340 FEET; THENCE LEAVING SAID CENTER LINE OF SAID COUNTY ROAD AND RUNNING NORTH 51° 45' EAST 380 FEET; THENCE RUNNING NORTH 13° 30' WEST 230 FEET TO THE NORTHERN BOUNDARY LINE OF SAID LOT 2; THENCE RUNNING ALONG THE NORTHERN BOUNDARY LINE OF SAID LOT 2 SOUTH 76° 30' WEST 440 FEET MORE OR LESS TO THE POINT OF BEGINNING.

APN: 941-0950-003-01
PARCEL B:

BEGINNING AT THE SOUTHWESTERN CORNER OF LOT 2, AS SAID LOT IS SHOWN

ON THE MAP ACCOMPANYING THE REFEREE'S REPORT IN ALAMEDA COUNTY SUPERIOR COURT CASE NUMBER 10239 "ADA M. DOUGHERTY, PLAINTIFF VS.

JAMES WILL DOUGHERTY, ET AL., DEFENDANTS", WHICH CORNER IS ALSO THE

CENTER LINE OF FOOTHILL ROAD, FORMERLY THE COUNTY ROAD LEADING FROM DUBLIN TO SUNOL; THENCE RUNNING ALONG THE SOUTHERN BOUNDARY LINE OF SAID LOT 2, NORTH 76° 30' EAST, 516.5 FEET; THENCE LEAVING SAID SOUTHERN BOUNDARY LINE AND RUNNING NORTH 13° 30' WEST, 400 FEET; THENCE RUNNING SOUTH 76° 30' WEST, 630 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF SAID FOOTHILL ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID FOOTHILL ROAD, SOUTH 28° 30' EAST, 225.5 FEET; AND THENCE SOUTH 30° 30' EAST, 190.74 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-03
PARCEL C:

BEING A PORTION OF LOT 2, AS SAID LOT IS DELINEATED AND SHOWN ON THE MAP ACCOMPANYING REFEREE'S REPORT IN CASE #10239 SUPERIOR COURT OF ALAMEDA COUNTY, ADA M. DOUGHERTY VS. JAMES WILL DOUGHERTY, ET AL, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2, S. 16° 25' 26" E., 830.02 FEET TO THE

- 2 - 167854933.1
SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, S. 77° 35' 02" W., 1331.16 FEET; THENCE LEAVING SAID SOUTHERLY LINE N. 15° 42' 10" W 829.18 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG SAID NORTHERLY LINE N. 77° 34' 34" E., 1320.69 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-11

PARCEL D
BEING A PORTION OF LOT 2, AS SAID LOT IS DELINEATED AND SHOWN ON THE MAP ACCOMPANYING REFEREE'S REPORT IN CASE #10239 SUPERIOR COURT OF ALAMEDA COUNTY, ADA M. DOUGHERTY VS. JAMES WILL DOUGHERTY, ET AL, DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, S. 77° 35' 02" W., 1331.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 77° 35' 02" W., 505.44 FEET TO THE EASTERLY LINE OF PARCEL DESCRIBED IN THE DEED RECORDED IN SERIES 89-023130 OFFICIAL RECORDS OF ALAMEDA COUNTY TO SCHOLES; THENCE ALONG SAID EASTERLY LINE N. 12° 25' 26" W., 400.07 FEET; THENCE ALONG THE NORTHERLY LINE OF LAST SAID PARCEL S. 77° 34' 34" W., 630.65 FEET; THENCE LEAVING SAID NORTHERLY LINE N. 27° 26' 14" W., 23.06 FEET TO THE SOUTHERLY CORNER OF THE PARCEL DESCRIBED IN THE DEED RECORDED IN SERIES 86-138999 OFFICIAL RECORDS OF ALAMEDA COUNTY TO MERRITT; THENCE ALONG THE SOUTHEASTERLY LINE OF LAST SAID PARCEL N. 52° 50' 09" E., 380.00 FEET; THENCE ALONG THE EASTERLY LINE OF LAST SAID PARCEL N. 12° 25' 22' W., 246.37 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 2 N. 77° 34' 34" E., 749.51 FEET; THENCE LEAVING LAST SAID NORTHERLY LINE S. 15° 42' 10" E., 829.18 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-12

7 164627870.6
Attachment 2
Merritt Property Age-Qualified Community Homes PHAP Requirements

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PLEASANTON HOMEOWNERSHIP

ASSISTANCE PROGRAM (PHAP)

MERRITT PROPERTY

AGE-QUALIFIED COMMUNITY

ELIGIBILITY AND PARTICIPATION REQUIREMENTS

MERRITT PROPERTY AGE-QUALIFIED COMMUNITY
The City of Pleasanton Homeownership Assistance Program (“PHAP”) provides opportunities for income-eligible buyers to purchase Below Market Rate (“BMR”) age-qualified homes in Pleasanton.

These homes are restricted at the time of sale in accordance with City requirements. The information provided in this document describes the household qualifications and participation requirements for purchasers of homes in the Merritt Property age-qualified community.

Eligibility Requirements
To qualify for the purchase of a home, the Applicant must be 55 years of age or older and meet the criteria listed below.

1. Household Size. The following minimum and maximum household size requirements shall apply for Applicants. At least one member has to be 55 years of age or older.

Number of Bedrooms Minimum Household Size Maximum Household Size 2 1 person 4 persons

2. Household Income: Annual household income may not exceed the City’s established income limits for the applicable percentage of the Area Median Income (AMI), adjusted for household size. These limits, adjusted annually by the City, are based on Median Income data published by the U.S. Department of Housing and Urban Development for the Oakland-Fremont HMFA.

The Income Limits for 2024 are:

Persons in Household
Maximum Annual Income
120% AMI
(Moderate Income)
1 $130,800
2 $149,500
3 $168,150
4 $186,850

3. Household members include all individuals who will be residing in the affordable home.

4. Annual household income includes the income of all household members over the age of 18 years who will be residing in the home. Annual household income includes all income for the current calendar year to date (at the time of application submittal) plus the household’s

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anticipated annual household income for the remainder of the current calendar year. In the event a household, and/or a household member, experienced a recent, significant increase in monthly income, generally defined as an increase of 20%, annual household income will be determined by projecting the new monthly income for a period of twelve months.

Determination of and applicant’s annual income to establish eligibility shall be at the sole discretion of the City/City’s Program Agent and the applicant will be required to provide documentation satisfactory to the City to establish eligibility. Income shall include the following:
a) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
b) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); c) Interest and dividends;
d) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
e) Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay;
f) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(1) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
(2) The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities;
g) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; h) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse; i) In addition to the above, to adhere to Title 25 California Code of Regulations Section 6914, where a family has net assets in excess of $5,000 (after subtracting the allowable down payment and closing costs to purchase the home), the applicants’ annual income shall include the actual amount of income derived from the asset(s), or 10% of the value of the asset(s), whichever is greater. If the total assets are less than $5,000, the actual amount of income derived from the asset will be included as income. For this section, assets is defined as equity in real property, trust funds, savings, stocks, bonds or other investment instruments such as mutual funds, certificates of deposit, etc. Assets do not include recognized retirement plans such as IRA’s, Keogh plans, and 401K plans. Assets may not exceed the program’s limit.

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5. The Applicant household must not own another home at the time of the Application or if a home is owned, it must be actively marketed for sale with the intent of selling such home prior to purchase of the BMR home.

6. The City will implement a Below Market Rate (BMR) Exchange Program that will allow a current BMR homeowner to be eligible to purchase one of the BMR homes in this development prior to selling their existing BMR home.

7. Applicants must be a U.S. citizen or lawfully permitted for permanent residence.

Credit/Other Requirements

8. Applicants must have sufficient creditworthiness to qualify for a first mortgage.

Creditworthiness includes: a) not having filed bankruptcy in the last three years; and b) minimum FICO credit rating of 660 points. At the discretion of the City/City’s Program Agent, this minimum rating may be adjusted if the buyer’s down payment exceeds the 3% minimum requirement. The applicant may not have any outstanding judgements or accounts in collections.

9. The Applicant’s total Frontend Housing ratio may not be less than a 28% floor of the Applicant’s total gross monthly income.

10. If the Applicant has not previously owned a home, the Applicant must successfully complete a City-approved first-time homebuyer training program prior to the close of escrow.

First Mortgage Requirements

11. Applicants are required to demonstrate ability to obtain mortgage financing within a specific time frame established by the City. The City’s Agent will review the Loan application and supporting documentation for program eligibility and will forward the loan package to the First Mortgage Lender. Failure to provide required financial information within the time frames established by the City will result in the household forfeiting its current application ranking number and being removed from further consideration.

12. Applicants are responsible for all closing costs related to the purchase which may include title fees, escrow fees, loan origination fees, etc. (approximately 2-3 percent of the purchase price). Applicants may be “gifted” funds to be used toward closing costs.

13. First mortgages must have a fixed interest rate for the term of the loan. First mortgages with negative amortization, interest only payments, or balloon payments are not acceptable.

14. The Applicant’s total Backend Debt to Income ratio may not exceed a 45% ceiling of the Applicant’s total gross monthly income.

15. The Applicant will participate in a lender sponsored Impound Account for property taxes on the BMR unit. Property taxes shall be based on the affordable sales price at time of sale to the Applicant.

Down Payment & Secondary Financing

16. The Applicant must provide a minimum of three percent (3%) of the purchase price, in their own funds, for use as a down payment:

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a) In general, lending institutions require that funds must be seasoned (on deposit in a financial institution) for a minimum of three months prior to the initial date of the application with documentation showing these funds are available for use as down payment.
b) Funds must be placed into escrow prior to close of escrow and proof of availability of funds provided to the City’s Program Agent before close of escrow.

17. Buyers purchasing homes through the PHAP Program may use forms of secondary down payment financing from the City-approved subsidy sources.

18. The City will not provide any direct financing, and buyers must qualify independently for mortgage financing to purchase the homes. However, buyers may apply separately for second mortgage assistance through the Pleasanton Down Payment Assistance Loan (PDALP) program. Review of the PDALP application will be conducted separately from consideration of the Eligibility and Financing Application. Approval of PDALP financing in conjunction with the PHAP program will be based on the applicant’s demonstrated financial need.

19. Applicants may be gifted funds in an amount not to exceed 15% of the purchase price, plus closing costs as evidenced by a gift letter which must be submitted at the time of the PHAP application submittal.

Restrictive Covenant Requirements

20. Applicants must agree to occupy the property as the principal place of residence for at least ten (10) months of each calendar year. The property and improvements must be maintained in good condition and repair throughout the period of ownership. The property and any part of it may not be subleased.

21. Applicants must agree to comply with the Restrictive Covenants recorded on the BMR home which, among other things, will restrict the sale of the home to other eligible age-qualified purchasers at a maximum resale price determined by the City in accordance with these guidelines. The Applicant shall execute a Promissory Note and Performance Deed of Trust to capture any Excess Proceeds received in the case of an ineligible transfer of the property.

The Restrictive Covenants shall remain in perpetuity and the Note, and Performance Deed of Trust shall remain so long as Applicant owns the BMR home.

22. Applicants must agree to the City’s subordination and refinancing conditions which generally prohibit the take out of equity or appreciation. Refinancing is limited to reduction of an interest rate or more favorable or lower payment terms. Only the existing balance of the loan may be refinanced and up to 2% for non-recurring closing costs.

23. The resale price will be based on adjustments (increases and decreases) in the Area Median Income (AMI) annually by U.S. Department of Housing and Urban Development (HUD). The formula for determining the maximum resale price shall also include an allowance for reasonable closing costs and marketing expenses as determined periodically by the City.

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Sample Maximum Sales Price Calculation:

Initial BMR Sales Price: $545,000
Change in HUD AMI Since Initial Sale: Increase 5%
New Maximum Sales Price at Resale: $572,250
Selection Process

24. The City’s selection process shall be conducted based on the City of Pleasanton Preference System for City-assisted affordable housing projects. City of Pleasanton Resolution No. 21- 1199 is attached. Additional information concerning the Preference System may be obtained from the City.

25. Available homes will be allocated to eligible purchasers with qualified financing based on application ranking numbers. Selection will be restricted to homes currently available for occupancy and applicants will not be given an opportunity to wait for specific properties which may be available at a later date, such as in a phased release of homes. Only those Applicants who are able to meet project eligibility guidelines and to obtain project financing within a time frame established by the City would be able purchase a BMR home.

26. In new construction units, builder-provided home upgrades, such as improved carpeting, cabinetry, fixtures, etc., are generally not provided.

27. Falsification of eligibility information provided in the application will result in disqualification of the applicant and or termination of escrow.

City of Pleasanton Partners

28. The City collaborates with Bay Area Affordable Homeownership Alliance (BAAHA) to process applications for the PHAP and will make additional requests for information to verify information stated in the application. Please note that the Applicant’s signature on the Preapplication signifies the Applicant’s authorization to share documentation and information among these parties pertaining to the application.

29. Homebuyer education for the PHAP and PDALP programs is coordinated by a HUD-approved homebuyer education provided, including ECHO Housing.

Definitions
“Backend Debt to Income” shall be defined as monthly debt to income ratio which includes monthly housing payments (principal, interest, taxes and insurance) and any other secured and unsecured debt payments (e.g. car loans and credit cards).
“City’s Agent” shall be defined as Bay Area Affordable Homeownership Alliance (BAAHA) or another third-party administrator authorized by the City for the PHAP/City DPA Programs. (Preference Category Definitions)
“Disabled Person” is defined as a head of household who has a medically documented permanent physical or mental impairment that prevents him/her from maintaining full-time regular employment.

Any individual claiming Disabled Person status must submit verification from a licensed doctor of his/her disability and its effect on the ability to maintain full-time employment. A Disabled Person

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shall be assigned a number of points as if the person was employed regardless of the Disabled Person’s employment status, plus one bonus point. If an individual has a disability that substantially limits one or more major life activities and has a medical record of such impairment but the disability does not prevent the ability to maintain full-time regular employment the individual shall be assigned the appropriate number of points as detailed in the City’s Preference System in place at the time.

Examples of a disability include limitations on caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, or working.
“Pleasanton Employee” is defined as a person who at the time the Eligibility and Financing Application is submitted for review, is permanently and continuously employed on at least a half-time basis (i.e., 20 or more hours per week) at a business that is physically located within the then current incorporated area of the City of Pleasanton. Telecommuting or working from an address located in Pleasanton for an employer not located in the City of Pleasanton as defined above, shall not qualify as employment in the City of Pleasanton, unless the employer is providing the workspace in Pleasanton as part of its corporate/company offices. For persons who are retired at the time of application, the applicant’s work history immediately prior to the date of retirement shall be considered in determining the length of employment in Pleasanton. The City will require applicants to submit pay stubs, W-2 forms, tax returns, or other satisfactory evidence as proof of employment at a Pleasanton business. Length of employment shall be calculated from the final date for submitting a City Eligibility Preapplication. “Employment” does not include volunteer work or any work without reportable income.
“Pleasanton Resident” is defined as a person or household who at the time the Eligibility and Financing Application is submitted resides permanently and continuously at a residential address which is physically located within the then current incorporated area of the City of Pleasanton and where that location is considered to be the household’s permanent place of residence. The City will require applicants to submit a driver’s license, voter registration, utility bill, or other evidence as proof of residency in Pleasanton.

For persons who moved away from the City of Pleasanton less than 6 months prior to the final date for submitting a City Eligibility Pre-application and who resided in the City of Pleasanton continuously for at least ten (10) years immediately prior to moving away, the residency history prior to the date of moving away shall be considered in determining the length of residency.

In addition to the above, “Pleasanton Resident” includes individuals who have maintained a permanent address in the City of Pleasanton while a full-time college student at a university located outside of the City or while an active member of the armed forces. Proof of residency and academic and armed forces standing will be required.

Proof of Pleasanton residency is required and must be provided through the submittal of rent receipts or utility billing in the name of the applicant. In unique situations, the City may consider other documentation sufficient to determine residency, on a case-by-case basis, such as a notarized statement from a landlord or relative attesting to residency, if the above information is unavailable.

2 165344286.14

EXHIBIT D
TO

DEVELOPMENT AGREEMENT

LIST OF CITY IMPACT FEES AND OTHER CITY FEES
[See Attached]

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Table of Contents
Page
I. GENERAL & ADMINISTRATIVE FEES
A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. City Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Violations of the Pleasanton Municipal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 D. Pleasanton Public Library Fine and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 E. Business License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 F. Public Use of City Electric Charging Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 G. Retiree Medical Insurance Administrative Fees 4
II. PLANNING DIVISION
A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Application Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Environmental Filing Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. Code Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 E. Geologic/Architectural Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 III. ENGINEERING DIVISION
A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. Encroachment Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. Private Development Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 D. Construction Services Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 E. Assessment Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 IV. BUILDING AND SAFETY DIVISION
A. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 B. Electrical Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C. Mechanical Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 D. Plumbing Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 E. Grading Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 F. Other Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 V. POLICE DEPARTMENT
A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 B. Special Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 C. Animal Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 D. Tow Rates and Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 E. Alcoholic Beverage Consumption by Minors on Private Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 F. Detention of Minors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 G. Abandoned Shopping Carts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .. . . . .. . . . . 18 H. Parking Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .. . . . .. . . . . 19 VI. LIVERMORE-PLEASANTON FIRE DEPARTMENT
A. Program Base Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 B. Annual Fire Code & Unified Program Activity Fees. . . . . . . . . . . . . . . 20 C. Plan Review and Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 D. Miscellaneous Fees. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 24 Index: 1 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VII. FINANCE DEPARTMENT 26
VIII. RECREATION 27
IX. WATER FEES, RATES, AND CHARGES
A. Water Rates and Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 B. Water Installation Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 C. Water Drought Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 D. Water Conservation Plan- Excess use penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 E. Water Connection Fees - City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 F. Recycled Water Connection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 G. Zone 7 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 H. Happy Valley Specific Plan Water Main Pro-Rata Share Fee . . . . . . . . . . . . . . . . . . 32 X. SEWER RATES, FEES, AND CHARGES
A. Sewer Rates and Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 B. Local & Regional (DSRSD) Sewer Connection Fees. . . . . . . . . . . . . 37 C. Livermore Sewer Connection Fees (Ruby Hills). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 D. Happy Valley Specific Plan Sanitary Sewer Main Pro-Rata Share Fee 39 XI. DEVELOPMENT IMPACT FEES
A. Capital Facilities Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 B. Afforable Housing Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 C. Transportation Development Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 D. Tri-Valley Transportation Development Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 E. Livermore Traffic Impact Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 F. Downtown Revitalization District Parking In-Lieu Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 G. Agriculture Mitigation Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 H. Johnson Dr Economic Development Zone Transportation Fee . . . . . . 42 XII. PIONEER CEMETERY 43
XIII. SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANIC

MATERIALS COLLECTION SERVICES
Single-family Residential Rates. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 44 Commercial/Multi-Family Residential Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Transfer Station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Index: 2 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
I. GENERAL AND ADMINISTRATIVE FEES
A. General Eff 01.01.2023
Returned Check Fee $25
Xerographic Copies 1 to 5 copies, per page $0.25
5 or more copies, per page $0.15
Reproduction from Microfilm, per page $1
Overhead Rate 33.9%
Damage to City Property Cost + Overhead
B. City Clerk
Annual City Council Agenda $24
Subscriptions City Council Minutes $60
City Council Packet $600
Pleasanton Municipal Code, per book $125
May obtain portions for per page basis
Research Fee $5
US Passport execution Fee $35
Notary Public Services (per signature) $15
C. Fines - Violation of Pleasanton Municipal Code
First Violation $100
Second Violation of same ordinance within 1 year $200
Third Violation of same ordinance within 1 year $500
Fourth and Subsequent Violations of same code provision within 36 months from the date of the first violation $750 Late Payment Charge 25% of fine
D. Pleasanton Public Library Fine and Fee Schedule
Processing Fee for Lost or Damaged Materials- in addition to item cost $5 Borrowing privileges suspended $20
Collection Agency fee $10
Photocopies (per page) $0.15
Lost/ Damaged Laptop $1,550
Overdue item (per day) Max $15 per item $1
Lost / Damaged item (Per item) $115
Annual Subscription for regularly scheduled City Council Meetings (may be prorated quarterly)
* Per PMC 1.12.020.A and 1.24.040, Violations of the Municipal Code may also be subject to alternative or additional means of enforcement
LINK + Items - Items sourced from
Library Partners
I. Gen_Adm: 3 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
E. Business License Tax 1
License Tax Schedule (per Municipal Code 5.24.040)
Gross Receipts $0 - $24,999 $25
$25,00 - $99,999 $50
$100,000 - $249,999 $75
$250,000 and above gross receipts
Reports Full Business Listing $50
Pleasanton Business Listing Only $30
Monthly New Business Listing $10
Special Request -- by Classification $10
Other Changing Location or Type of Ownership * $15
Duplicate License $10
1 * Second location requires separate and new license; as does adding new owners F. Public Use of City Electric Charging Stations
$1
G. Retiree Medical Insurance Administrative Fees
Monthly Administrative Fee (when not using automatic payment) $5 Late Fee (when payment not received by due date on invoice) $25 Per Gov Code 4467 (a) (2), on and after January 1, 2018, through December 31, 2023, an additional fee of four dollars ($4) for SB 1186- Disability Access and Education Revolving Fund Per hour, or increment thereof
I. Gen_Adm: 4 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
II. PLANNING DIVISION Eff 01.01.2024
A. General
Duplicating Zoning maps $7
Charges General Plan and map $20
If mailed, additional charge applies $5
Growth Management Report $10
General Plan Map $3
B. Application Fees
Zoning Certificates $0
Exempt Home Occupations $0
NonExempt - no hearing $139
NonExempt - with hearing $347
Design Review Minor (up to $25,000 valuation) $347
Major ($25,000 value +) $2,289
Administrative Design Review $347
Over the Counter Overheight Fence Permit $35
Sign Design Review $485
Traffic Study Review (New- moved from Engineering Section) $902 Outdoor Display/ Outdoor Dining $194
Beekeeping Permit $208
Reasonable Accomodation $35
Variance General $3,135
Developed Residential Lot $694
Use Permits Conditional Use Permit $1,040
Pets (other than cats and dogs) $277
Temporary Conditional Use Permits $194
Administrative Temporary Use Permits $35
Appeals Refunded upon successful appeal. $347
Planned Unit Residential 1 unit $4,161
Development (PUD) 2-5 units $10,403
6-15 units $20,807
16+ units $27,742
Commercial 0-20,000 sq ft $4,161
20,001-60,000 sq ft $10,403
60,001 - 100,000 sq ft $20,807
100,000+ sq ft $27,742
Minor Modification - existing residential development $139 Minor Modification $694
Major Modification $2,774
Home Occupation/Cottage Foods
(nonexempt) no hearing
Housing Developments filed in accordance with PMC
Section 18.101 (New per Res 21-1260)
II. Planning: 5 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
II. PLANNING DIVISION Eff 01.01.2024
Subdivision Map Tentative Tract Map $6,436
Tentative Minor Subdivision (parcel maps) $694
$694
Lot Line Adjustment or Merger $596
Condo Conversion $3,828
Planning Commission Determination as to Uses not listed (Chapter 18.128) $2,081 Rezoning (without a PUD development plan) $17,048
Rezoning (as part of a PUD development application) $2,774 General Plan Amendment (without a PUD development plan) $20,626 General Plan Amendment (as part of a PUD development application) $20,626 Specific Plan/ Specific Plan Amendment 25% of Consultant Costs ($2,649 min)
Growth Management Program
Application fee for negotiated agreements $1,109
Williamson Act Application
$2,440
Preliminary Review No Public Hearing $0
With Public Hearing $2,011
SB 330 Preliminary Review $1,527
$9,519
$10,475
Peer Review Staff review of consultant work 25% of Consultant Costs Small Wireless Facility Application PMC 18.110*, Eff. 04.17.2024 In the Public Right-of-Way $4,348
On private property $4,088
Pole License Agreement (Annual Automatic increase of 3%) Annual Pole License Fee per Site $295
C. Environmental Filing Fees
Subject to an annual inflation adjustment on January 1 as determined by California Department of Fish and Wildlife.

California Environmental Environmental Impact Report (EIR) - Quality Act (CEQA) staff review of consultant work
Negative Declaration $2,916.75
SB 1535 Negative Declaration (ND) $2,916.75
Fish & Game Fees Mitigated Negative Declaration (MND) $2,916.75 Environmental Impact Report (EIR) $4,051.25
$1,377.25
County Clerk Processing Fee (Add'l County fees may apply) $50 D. Code Enforcement
Sign Removal Fees Real Estate Open House Sign $14
E. Geologic/Architectural Review
Environmental Document pursuant to a Certified
Regulatory Program (CRP)
Housing Site Compliance
Review (Res 23-1367)
(*Exclusive of ADUs/JADUs
that are part of the project)
Including establishment, modification or disestablishment of agricultural preserves, and entering or canceling contracts
Urband Lot Splits Filled in accordance with PMC Section

18.101 (New per Res 21-1260)
50 units or less*
Zoning Administrator Review
51 units or more*
Planning Commission Review
25% of Consultant Costs
*These application fees shall be adjusted annually on January 1st based on the change in the Consumer Price Index (CPI) for the San Francisco/Oakland reg II. Planning: 6 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
II. PLANNING DIVISION Eff 01.01.2024
Fee paid by developer to reimburse City for third party peer review Actual Cost II. Planning: 7 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
III. ENGINEERING DIVISION Eff 01.01.2024
A. General
Map Reproduction (per sheet) 5
Plotted GIS Map (per sheet) 30
Specialized Map/Data Request Time & Materials
Standard Specifications & Details (printed version) 20
B. Encroachment
Dry Utilities PMC 13.04.040 $208
Other $42
Inspection Fees
Dry Utilities Time & Materials- $167 minimum
Other- Valuation under $5,000 10% of valuation- $167 minimum Other- Valuation $5,000 to $20,000 $499
Plus 3.83% of valuation over $5,000
Other- Valuation over $20,000 $1,265
Plus 5.55% of valuation over $20,000
Reinspection Time & Materials - $167 minimum
Specialized Inspections Consultant Cost + 25%
One-time $16
Annual $90
Haul Route Permit $83
* Updated annually per Caltrans (https://dot.ca.gov/programs/traffic-operations/transportation-permits) C. Private Development Review
Base fee $3,468
plus fee per lot/parcel $42
Base fee $6,242
plus fee per lot/parcel $42
GIS Digital Compliance
Annexation Processing Fee $12,193
Pre-Annexation Agreement Processing $6,200
GHAD Formation/Annexation Fee $4,369
Development Improvement Plan Check
Percentage of total cost of City-reviewed improvements 4.16% Improvement Plan Review/Revision & Plan Check - after 4th revision $1,096 Traffic Signal (commercial off-site)- Plan Check $2,774 Right of Way Dedication, Vacation or Certificate of Compliance $1,914 Technology Fee (GIS Mapping)- per lot/parcel $69
Subdivision Joint Trench Plan Check $694
Base fee $194
plus fee per course correction $42
Base fee $1,845
plus fee per lot/parcel $55
Hillside Base Fee $6,936
plus fee per acre (disturbed area) $250
Flatland Base Fee $4,439
plus fee per acre (disturbed area) $187
Professional Consultant Expense Consultant cost +25%
Up to 100,000 cubic yards see IV Building Section E
Parcel Map
Urban Lot Splits filed in accordance
with PMC 18.101
Time & Materials or Consultant cost + 25%
Map Copies
Permit Fees
Final Map
Annexation Fees (does not include separate fees
paid to LAFCo - Local Agency Formation Commission of
Alameda County)
Amended Maps
Lot Line Adjustment or Merger
Erosion Control
(SWPPP)
Grading Plan Review
Transportation Permit*
Oversize Load - Fee set per State
III. Engineering: 8 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
III. ENGINEERING DIVISION Eff 01.01.2024
D. Construction Services Inspection
Due 15 days prior to City Council approval of a final map or City Engineer approval of the plans, whichever occurs first see IV Building Section E
Construction Inspection- City-Inspected improvements
Valuation under $5,000 10% of valuation- $167 minimum
Valuation $5,000 to $20,000 $499
Plus 3.83 % of valuation over $5,000
Valuation over $20,000 $1,265
Plus 5.55 % of valuation over $20,000
Specialized Inspections Consultant cost +25%
Overtime Inspection (2 hour minimum charge) Cost+ Overhead E. Assessment Districts
City Engineering Department Administration
During formation, design, and construction Cost + Overhead Inspection
Minimum charge is 4% of costs to construct public improvements See Construction Inspec. Fee Segregation of Assessments
Fee per district $694
All City of Pleasanton Engineering Division Fees shall be revised annually on January 1 by the percentage increase or decrease in the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area.

Grading Fee
III. Engineering: 9 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
IV. BUILDING AND SAFETY DIVISION
A. Building Permit Fees PMC 20.04.015 Eff 01.01.2024
- Dwellings
- Garages & Accessory Structures
Total Project Valuation Base Fee
$1 - $1,000 $120
$1,001 - $2,000 $145
$2,001 - $25000 $180 $16.30
$25,001 - $50,000 $555 $13.80
$50,001 - $100,000 $900 $9.70
$100,001 - $500,000 $1,385 $7.99
$500,001 - $1,000,000 $4,580 $6.38
$1,000,001 and above $7,770 $5.55
TITLE-24 ENERGY SURCHARGE

ACCESSIBILITY SURCHARGE

GREEN BUILDING SURCHARGE

SWPPP (STORM WATER) SURCHARGE

BUILDING PLAN REVIEW FEE
Unless specified elsewhere, applicable to all projects with multi-trade construction being performed in conjuction with a building permit. 25% of Building Permit Fee 25% of Building Permit Fee

ELECTRICAL/MECHANICAL/PLUMBING (EMP) PERMIT SURCHARGE
Unless specified elsewhere, applicable to permitted projects subject to compliance with Title 24, Part 6, The California Energy Code.

NEW CONSTRUCTION & ADDITIONS
Plus
for each additional $1,000 (or fraction thereof) up
to and including $50,000.
for each additional $1,000 (or fraction thereof) up
to and including $100,000.
for each additional $1,000 (or fraction thereof) up
to and including $500,000.
for each additional $1,000 (or fraction thereof) up
to and including $1,000,000.
for each additional $1,000 (or fraction thereof)
Permit Valuation shall be determined by the New Construction Valuation Table of the Building Division in effect at the date of application, or as otherwise determined by the Building and Safety Official. The Table shall be revised annually on January 1 by the percentage increase or decrease in the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area.

Contract price of the work being performed, or as otherwise determined by Building and Safety Official.

BASIC FEE SCHEDULE

PERMIT SURCHARGES

VALUATION SCHEDULE
for each additional $1,000 (or fraction thereof)
up to and including $25,000.
75% of Permit Fees, One-hour
- Commercial & Industrial Buildings

ALTERATIONS & REPAIRS
- Remodels, Repairs, Reroofs, Tenant Improvements,
etc.
15% of Building Permit Fee
15% of Building Permit Fee
15% of Building Permit Fee
Applicable to plan review of all projects requiring compliance with State of California Accessibility, FHAA and/or ADA Requirements.

For all permits requiring compliance with California Green Building Standards (Includes Waste Management Fee).

For all covered projects requiring on-site stormwater treatment or pretreatment.

PLAN REVIEW
IV. Building: 10 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE

BUILDING LIFE SAFETY PLAN REVIEW FEE

COPY MODEL PLAN REVIEW FEE

ON-SITE PERMIT PLAN REVIEW FEE

DEFERRED SUBMITTAL PLAN REVIEW FEE

ADDITIONAL PLAN REVIEW FEE

EXPEDITED PLAN REVIEW FEE

HOURLY PLAN REVIEW RATES
$180

ON-SITE PERMIT FEE

KITCHEN REMODEL PERMIT FEE
$535

BATHROOM REMODEL PERMIT FEE
$375

RESIDENTIAL REROOF PERMIT FEE
$290

RESIDENTIAL SWIMMING POOL PERMIT FEE
$860

FOUNDATION ONLY PERMIT FEE
75% of Permit Fees, One-hour
minimum*
100% of Permit Fees, Onehour minimum*
25% of Model Plan Review
Fee
When plans and documents are required, a plan review fee shall be paid at the time of submittal for plan review.

When plans and documents are required, and the review includes life safety and egress, a plan review fee shall be paid at the time of submittal.

For each building permit in a development after the model plan review has been approved.

Permit fee for a kitchen remodel within a dwelling, including Sub-Trade fees.

Each bathroom remodel within a dwelling, including Sub-Trade fees.

Each one- or two-family dwelling reroof, including garage.

Each swimming pool at a one or two-family dwelling, including Sub-Trade fees. 10% of the Project Permit Fee
Permit for a new foundation system separated from and prior to issuance of a building permit for a new Structure.
1% of On-Site Valuation
5% of Plan Review Fee, Onehour minimum*
Time and Material, One-hour
minimum*
Additional 50% of Plan Review
Fees
Plan Review of utility, accessibility or other permitted improvements outside of a Structure on private property.

Required at the time of deferred submission of plans and documentation whenever any project component, such as sub-trade plans, floor or roof truss packages, etc., are submitted after building permit issuance.

Applied when more than two resubmittals require review to the intital plan review, or for revisions to previously approved plans.

When requested by an applicant and staff is available, the following surcharge will be added for an expedited plan review.
*All Hourly Plan Review Fees are based on fully burdened plan checker cost or current consultant hourly rate, whichever is applicable.

Permit fee for utility, accessibility or other permitted improvements outside of a 2% of On-Site Valuation Structure on private property.

OTHER PERMIT TYPES AND FEES
IV. Building: 11 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
B. Electrical Permit Fees Eff 01.01.2024
ELECTRICAL PLAN REVIEW FEE:

ADDITIONAL ELECTRICAL PLAN REVIEW FEE:

Residential Electrical Permit Fee
$120
Non-Residential Electrical Permit Fee
$120
$120
Electrical Service Panel or Subpanel, up to 1,000A, each $175 Electrical Service Panel or Subpanel, over 1,000A, each $235 Illuminated Signs, Outline Lighting and Marquees, each circuit $120 Busways, each 500 lineal feet or fraction thereof $120
Residential Up to 10kW $250
Over 10kW $450 plus $15/kW above
15kW
Commercial Up to 50 kW $1,000
Each additional kilowatt from 51kW- 250kW $7
Each additional kilowatt over 250kW $5
Up to and including 49, each $118
Up to and including 99, each $175
Over 100, each $235
C. Mechanical Permit Fees
MECHANICAL PLAN REVIEW FEE:

ADDITIONAL MECHANICAL PLAN REVIEW FEE:

When an electrical plan not associated with a building permit is submitted for review.

Applied to all plan check correction lists in excess of two revised or resubmitted plan submittals, or for revisions to previously approved plans.

Any permit for Electrical work not itemized, in conjunction with an associated Building Permit in a one-or two-family dwelling, or within a multi-family unit.

Any permit for Electrical work not specifically itemized, in conjunction with an associated Building Permit in a multi-family or non-residential building.

Receptacles, lighting switches, luminaires, other electrical outlets or appliances requiring a permit not within a residential unit, up to 20A, each 1,000 ft2 of floor area.
75% of Electrical Permit Fee
1hr minimum*
Time and Material Basis,
1-hr minimum*
When a mechanical plan is submitted for review, 75% of Mechanical Permit Fee 1 - hr minimum*
Time & Material
1-hr minimum* Applied to all plan check correction lists in excess of two revised or resubmitted plan submittals, or for revisions to previously approved plans.

Power Apparatus, Generators,
Transformers, etc. (Rating in HP, kW,
or kVA,)
Photovoltaic Systems (includes Plan Review Fee)
Fees set by State per Gov. 66015

ELECTRICAL PLAN REVIEW

ELECTRICAL PERMIT FEES

MECHANICAL PLAN REVIEW
IV. Building: 12 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Residential Mechanical Permits
$120
Non-Residential Mechanical Permits
$120
$120
$355
$235
$120
$235
D. Plumbing Permit Fees
PLUMBING PLAN REVIEW FEE:

ADDITIONAL PLUMBING PLAN REVIEW FEE:

Residential Plumbing Permits
$120
Non-Residential Plumbing Permits
$120
$120
Fats, Oil or Grease (FOG) interceptor or other pre-treatment clarifier, each $470 Stormwater piping or treatment systems $470
E. Grading Fees
Grading Plan Review Fee 75% of Grading Fee
Grading Fee
Less than 50 cubic yards Exempt
50 to 10,000 cubic yards
First 1,000 cubic yards $270
Each additional 1,000 cubic yards or fraction thereof $20 10,001 to 100,000 cubic yards
First 10,000 cubic yards $450
Each additional 1,000 cubic yards or fraction thereof $14 100,001 cubic yards or more See III Engineering Section D F. Other Fees
ADMINISTRATIVE CHARGE FOR MISCELLANEOUS REQUESTS:

Any permit for Mechanical work in a one-or two-family dwelling or within a multifamily unit, and not in conjunction with an associated Building Permit.

Any permit for Mechanical work in a multi-family or non-residential building not specifically itemized, nor in conjunction with an associated Building Permit.

Furnace, ductwork, ventilation systems, appliances or other mechanical work requiring a permit not within a residential unit, each 1000 square feet of floor area.

Commercial Kitchen Hood, each
Boilers, each
Evaporative Cooler or Heat Pump, each
Air Handling System, each
When a plumbing plan is submitted for review, Plumbing Plan Review fee. 75% of Plumbing
Permit Fee. 1-hr min*
Time & Material Basis,
Applied to all plan check correction lists in excess of two revised or resubmitted plan submittals, or for revisions to previously approved plans.

Time & Material
1-hr min*
Any permit for Plumbing work in a one-or two-family dwelling, or within a multifamily unit, not in conjunction with an associated Building Permit.

Any permit for Plumbing work in a multi-family or non-residential building not specifically itemized, or in conjunction with an associated Building Permit.

Sewer piping & vents, water piping, gas piping, fixtures and appliances or other plumbing requiring a permit not within a residential unit, each 1000 square feet of floor area.

MECHANICAL PERMIT FEES

PLAN REVIEW

PLUMBING PERMIT FEES
IV. Building: 13 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Inspections outside normal business hours 2-hr minimum
Reinspection 2-hr minimum
2-hr minimum
Housing Inspections, requested by home owner 1-hr minimum Temp Occupancy Inspection (up to 30 days max) 4-hr minimum $165
$150

ALTERNATE MEANS & METHODS REQUEST FEE
Plan review requests for alternate means and methods.

INVESTIGATION FEE

TECHNOLOGY FEE
5% of total permit fees

GIS MAPPING FEE
New developed sites, per square foot $0.002
Residential, per $1,000 construction valuation $0.13
($.50 min)
Non Residential, per $1,000 construction $0.28
valuation ($.50 min)
$1

MISCELLANEOUS BUILDING
INSPECTIONS**
Administrative costs associated with items not otherwise specified, reports and requests not covered by permit or plan review fees.

Time & Material Basis,
$20 Minimum
Inspections for which no fee is specifically
indicated.

Nonrefundable fee to administer and implement the WMP review and verification on covered projects not otherwise subject to California Green Building Standards.

WASTE MANAGEMENT PLAN FEE PMC §9.21.010
**All Hourly Inspection Rates are based on fully burdened Building Inspector rate or consultant cost, whichever is greater.

Time & Material,
1-hr minimum*
Applicable to any work commenced on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits and approvals, in addition to the required permit fees. 100% of Building Permit Fee For permitting software licensing, IVR licensing, archiving and additional technology costs associated with providing permitting and inspection services.

All City of Pleasanton Building Division Fees shall be revised annually on January 1 by the percentage increase or decrease in the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area, and reviewed every two years.

STATE OF CALIFORNIA FEES
Building Standards Special
Revolving Fund
Strong Motion Instrumentation
Program (SMIP)
Per $25,000 in valuation with appropriate
fractions thereof. $1 minimum
IV. Building: 14 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
V. POLICE DEPARTMENT
A. General
First false alarm in prior 365-day period $0
Second or third false alarm in prior 365-day period $196 Fourth or more false alarm in prior 365-day period $392 Citation Sign-off Resident $0
Non-resident $10
Clearance Letter $15
Criminal History Letter $60
Fingerprinting- Livescan Resident $25
Federal or State agencies fingerpint processing fees are additional Non-resident $40 Local Arrest Record $25
Reports Reports (insurance claims, accidents and thefts) 1-10 pages; total fee $5
after 10 pages; per page $0.10
Photographs Thumbdrive $25
Per subpoena $15
Reports
1-10 pages; total fee $5
after 10 pages; per page $0.10
Photos on thumbdrive $25
Body Worn Camera on thumbdrive $25
911 audio log on thumbdrive $25
B. Special Permits
Each Employee Permit Fee
Massage Establishments PMC 6.24 No Charge $100
No Charge No Charge
Other vendors $10 $25
Solicitors & Certain Businesses $10 $25
ABC Letter $25
Taxicab Owner's Permit Application $600
Driver's Permit Application $150
Taxicab Reinspection Fee $25
Flag Drop $3.50
Mileage $3.50
Standby $30
Bingo Permit Fee $100
Firearm Sales Permit Application $350
Ord 6.64 Renewal $200
Fingerprint Processing Fee (for each set to be processed) set by DOJ & FBI;
add equipment
processing cost
Concealed Weapons State Mandated Fee varies
Permit Local Processing Fee (maximum fee allowed by PC 12054) $3 $25
Pawnbroker Permit Initial Permit $300
remit to DOJ Renewal (required by state every 2 years) $300 Firearm Storage, per firearm held $65
For-profit vendors/organizations $250
Eff 03.22.2023
False Alarm Fine*, Eff.

04.17.2024
Roving/walking vending in
public right-of-way along
parade routes
Nonprofit/charitable/community service
organization
Special Event Application
Taxicab Rates
Subpoena Duces Tecum
Processing
(defined by State Legislation)
*Such fine amounts shall be adjusted annually on January 1st based on the change in the Consumer Price Index (CPI) for the San Francisco/Oakland region, rounded to the nearest dollar.

V. Police: 15 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Nonprofit vendors/organizations $75
City-sponsored events No Charge
Sidewalk Vendor Fee $50
Special Event Application
Fee
V. Police: 16 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
C. Animal Control
Neutered males/
Spayed femalesNon-neutered
males/ Nonspayed females
Dog License Fees One year $3.50 $7
Two years $6.50 $13
Three Years $9 $18
Failure to procure $7.00 added to
license fee
$7.00 added to
license fee
Duplicate tags $1 $1

EAST COUNTY ANIMAL SHELTER- ALAMEDA COUNTY ANIMAL SERVICES Adoption Dog or Cat $35
Feeding & Boarding Animals capable of being housed at Shelter $20 (per day)
Actual Contract
Cost + Current
Indirect Rate
Observation Quarantine, per day or partial $25
Redemption Fee Unlicensed Dog License Dog/Cat
(Plus Board) First Impoundment in 1 year $50 $45
Second Impoundment in 1 year $100
Third and sucessive Impoundments in 1 year $150
* Other animals - 2nd=2x, 3rd=3x $75
Special Services
Owner Surrender Live, inc. litter Dead
Licensed Dog $35 $15
Unlicensed Dog $40 $20
Licensed Large Dog (>80 lbs) $50 $20
Unlicensed Large Dog (>80 lbs) $55 $25
Cat $35 $15
Euthenasia Licensed Dog $50
Unlicensed and large dog $60
Cat $40
Veterinary Pickup of 1-5 Animals $40
Deceased Each Additional Animal $15
Large Animals, Off-site
(Horse, Mare, Mule, Jack Calf or colt under 6 months)
V. Police: 17 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
D. Tow Rates and Fees
Rate Guidelines
Service Calls/Drop Charges n/a
Towing One-ton Tow Truck - per tow (10,000 lb. max.) $275 One-ton Flat Bed - specified request (10,000 lb. max.) $360 Medium Rig (Class C- 20,000 lb. max.) $485
Big Rig (Class D- 50,000 lb. max.) $600
Storage Automobile/Motorcycle per day, outside $110
per day, inside $120
Big Rigs, Tractors/ Trailers, per day, outside $115
and Motor Homes per day, inside $125
Gate fee $130
Impound and stored vehicle release $250
E. Alcoholic Beverage Consumption by Minors on Private Property Cost of providing police services for second or follow-up response $250.00 Cost of any medical treatment to injured officers Cost + Overhead Cost of repairing damaged City equipment or property Cost + Overhead F. Detention of Minors
Detaining and supervising juveniles when such detention/supervision exceeds one hour Cost + Overhead G. Abandoned Shopping Carts
$51.00
$50.00
Pleasanton Municipal Code 10.08.060
Pleasanton Municipal Code 6.30.070, the following fines and charges apply:

Pleasanton Municipal Code 10.08.050
The following rates apply to companies providing tow services to the Pleasanton Police Department under the rotation system
Time expended in excess of one hour shall be calculated in no more than one-minute increments Impound release fee (per cart)
Failure to retrieve abandoned carts within 3 business days (Fine per cart for each occasion in excess of 3 times within a 6-month period) 8:00 am to 5:00pm Monday thru Friday exc. Holidays
V. Police: 18 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
H. Parking Penalties
1 Loading Zone PMC 11.36.020 $35
2 Yellow - Green - White Curb PMC 11.36.020 $50
3 Red Curb PMC 11.36.020 $100
4 No Stopping Zone PMC 11.36.090 $50
5 No Parking Zone PMC 11.36.100 $50
6 Temporary No Parking Zone PMC 11.36.170 $50
7 Parking Vehicle Over 20 Ft. PMC 11.36.180 $60
8 Time Limit for parking on City Property PMC 11.36.190 $56 9 Twenty Minute Zone PMC 11.36.210 $50
10 Two Hour Zone PMC 11.36.210 $50
11 Three Hour Zone PMC 11.36.210 $53
12 Four Hour Zone PMC 11.36.210 $56
13 Reserved Parking for Charging Electric Vehicle PMC 11.36.230 $56 14 Parking Permit Required PMC 11.38.090 $60
15 Parking Over 72 Hours PMC 11.40.020 $100
16 Parked Off Truck Route PMC 11.48.020 $60
17 Driving on Public Grounds CVC 21113 $50
18 Park Parallel CVC 22502 $36
19 Parking in space designated for Disabled CVC 22507.8 $285 20 CVC 40226 $25
21 Fire Hydrant CVC 22514 $100
22 CVC 22500
(a)-(h),(j),(k) $50
23 Bus Zone CVC 22500(i) $260
24 Sidewalk wheelchair access/ramps CVC 22500(l) $260
25 Fire Lane CVC 22500.1 $100
26 Abandoned Vehicle on Public Property CVC 22523a $100 27 Abandoned Vehicle on Private Property CVC 22523b $100 28 Expired Registration CVC 4000(a) $50
29 Expired Registration w/correction CVC 4000(a) $25
30 No License Plate CVC 5200 $50
31 No License Plate w/correction CVC 5200 $25
32 Tabs CVC 5204 $50
33 Tabs w/correction CVC 5204 $25
34 Late Payment Penalty 100% of fine
Parked in intersection, in crosswalk, between safety zone and red curb, within 15' of fire station, in front of driveway, on sidewalk, along street excavation, on roadway side of vehicle, in tunnel, on bridge Parking in space designated for Disabled without displaying either special license plate or distinguishing placard
V. Police: 19 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VI. LIVERMORE PLEASANTON FIRE DEPARTMENT Eff 01.01.2024 A. Program Base Fees
Base Permit - Level 1 $1,484
Base Permit - Level 2 $762
Base Permit - Level 2 Qualified Triennial-Inspection Facilities $254 Base Permit - Level 3 $512
Base Permit - Level 4 $485
Public Schools & Jails $0
B. Annual Fire Code & Unified Program Activity Fees
1 Fire Pump $83
2 a Hotel, Motel, Apartment - Level 3 $97
b Hotel, Motel, Apartment - Level 5 $512
3 School - Private $929
4 Highrise $1,234
5 Care Facility - Non Family Daycare $277
6 a Aerosol Products: < 55 gal $97
b Aerosol Products: 55 -225 gal $124
c Aerosol Products: 225-1,000 gal $152
d Aerosol Products: 1k-10k gal $207
e Aerosol Products: 10k-20k gal $263
f Aerosol Products: 20k+ gal $304
7 Amusement Building $1,026
8 Aviation Facilities $318
9 Battery System $110
10 Candles and Open Flame in Assembly $41
11 a Cellulose Nitrate Film $166
b Cellulose Nitrate Storage $166
12 Combustible Fibers $415
13 Combustible Dust-Producing Ops $415
14 Combustible Material Storage- Misc $180
15 a Compressed Gas: High Haz < 200 cu ft $443
b Compressed Gas: High Haz 200-500 cu ft $526
c Compressed Gas: High Haz 501 - 1k cu ft $665
d Compressed Gas: High Haz 1k - 2k cu ft $874
e Compressed Gas: High Haz 2k - 3k cu ft $1,096
f Compressed Gas: High Haz 3+ cu ft $1,317
16 a Compressed Gas: Low Haz < 501 cu ft $110
b Compressed Gas: Low Haz 501-2250 cu ft $138
c Compressed Gas: Low Haz 2,250-10k cu ft $180
d Compressed Gas: Low Haz 10k-100k cu ft $235
e Compressed Gas: Low Haz 100k-200k cu ft $291
f Compressed Gas: Low Haz 200k + cu ft $346
17 a Cryogenics: High Haz <200 cu ft $651
b Cryogenics: High Haz 201 - 500 cu ft $777
c Cryogenics: High Haz 501-1k cu ft $971
d Cryogenics: High Haz 1k-2k cu ft $1,303
e Cryogenics: High Haz 2k-3k cu ft $1,622
f Cryogenics: High Haz 3k+ cu ft $1,955 VI. Fire: 20 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VI. LIVERMORE PLEASANTON FIRE DEPARTMENT Eff 01.01.2024 18 a Cryogenics: Low Haz < 55 gal $110
b Cryogenics: Low Haz 55-225 gal $138
c Cryogenics: Low Haz 225-1k gal $166
d Cryogenics: Low Haz 1k-10k gal $221
e Cryogenics: Low Haz 10k-20k gal $277
f Cryogenics: Low Haz 20k + gal $332
19 a Dry Cleaning Plant $194
b Dry Cleaning Plant Qualified Triennial-Inspection Facilities $64.67 20 a Explosives: 550 lbs $596
b Explosives: 551-2,250 lbs $706
c Explosives: 2,251-10k lbs $888
d Explosives: 10k-100k lbs $1,179
e Explosives: 100k-200k lbs $1,484
f Explosives: 200k + lbs $1,775
21 a Flam/Comb Liq: Above Ground < 55 gal $110
b Flam/Comb Liq: Above Ground 55-225 gal $166
c
Flam/Comb Liq: Above Ground 55-225 gal
Qualified Triennial Inspection Fac. $55.33
d Flam/Comb Liq: Above Ground 225-1,000 gal $221
e
Flam/Comb Liq: Above Ground 225-1,000 gal
Qualified Triennial Inspection Facilities $73.67
f Flam/Comb Liq: Above Ground 1k-10k gal $277
g Flam/Comb Liq: Above Ground 10k-20k gal $332
h Flam/Comb Liq: Above Ground 20k + gal $457
22 Fruit Ripening $138
23 a HazMat Abovegrnd: < 55 gal $110
b HazMat Abovegrnd: 55-225 gal $138
HazMat Abovegrnd: 55-225 gal Qualified Triennial Inspection Facilities $46.00 c HazMat Abovegrnd: 225-1k gal $221
HazMat Abovegrnd: 225-1k gal Qualified Triennial Inspection Facilities $73.67 d HazMat Abovegrnd: 1k-10k gal $277
HazMat Abovegrnd: 1k-10k gal Qualified Triennial Inspection Facilities $92.33 e HazMat Abovegrnd: 10k-20k gal $332
f HazMat Abovegrnd: 20k + gal $388
24 a Haz Waste Generator: CESQG $152
b Haz Waste Generator: CESQG Qualified Triennial Inspection Facilities $50.67 c Haz Waste Generator: Lrg Quantity $415
d Haz Waste Generator: SQG $291
e Haz Waste Generator: SQG Qualified Triennial Inspection Facilities $97.00 f Haz Waste Treatment: CE only $637
g Haz Waste Treatment: CA, PBR $831
25 Universal Waste Collection Site $791
26 High-Piled Combust Storage $388
VI. Fire: 21 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VI. LIVERMORE PLEASANTON FIRE DEPARTMENT Eff 01.01.2024 27 a Hot-Works Oper: <551 cu ft $221
b Hot-Works Oper: 551 - 2,250 cu ft $263
c Hot-Works Oper: 2,251-10k cu ft $332
d Hot-Works Oper: 10k- 100k cu ft $443
e Hot-Works Oper: 100k-200k cu ft $554
f Hot-Works Oper: 200k+ cu ft $665
28 a Liq Petroleum Gas: <226 gal $152
b Liq Petroleum Gas: 226-500 gal $180
c Liq Petroleum Gas: 501-2k gal $221
d Liq Petroleum Gas: 2k-4k gal $304
e Liq Petroleum Gas: 4-6k gal $374
f Liq Petroleum Gas: 6+ k gal $457
29 Liq/Gas Vehicles in Assembly $263
30 Lumber Yard or Woodworking Plant $860
31 Magnesium $415
32 Mall, covered $1,955
33 Motor Vehicle Fuel Disp Station- no bulk $249
34 Ovens, Industrial $110
35 a POA: A-2 $41
b POA: A-1 $69
c POA: A-3 $83
d POA: A-4 $110
e POA: A-5 $152
36 Pyrotech Spcl Effects Material $803
37 Refrigeration Equipment $207
38 Repair Garages $471
39 Rooftop Heliport $152
40 Spraying or Dipping $110
41 Tires - Rebuilding Plant $138
42 Tire - Storage of Scrap $138
43 a UST - 1 tanks $734
b UST - 2 tanks $1,096
c UST - 3 tanks $1,816
d UST - 4 tanks $2,192
e UST - 5 tanks $2,552
f UST - 6 tanks $2,912
44 Waste Handling $180
45 Wood Products $152
C. Plan Review and Inspection Fees
1 Fire Sprinkler System Fees - New Construction:
a up to 20 Appliances $957
b 21 - 100 Appliances $1,207
c 101 - 200 Appliances $1,540
d 201 - 350 Appliances $1,706
e 351 - 1,000 Appliances, Base Fee $2,566
for each additional 25 Appliances above 351 $139 VI. Fire: 22 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VI. LIVERMORE PLEASANTON FIRE DEPARTMENT Eff 01.01.2024 f 1,000 + Appliances, Base Fee $3,565
for each additional 100 Appliances above 1000 $430
2 Fire Sprinkler System Fees - Alteration, Tenant Improvements a up to 4 Appliances $610
b 5 - 20 Appliances $666
c 21 - 100 Appliances $1,026
d 101 - 200 Appliances $1,248
e 201 - 350 Appliances $1,873
f 351 - 1,000 Appliances, Base Fee $2,622
for each additional 25 Appliances above 351 $139
g 1,000 + Appliances, Base Fee $3,926
for each additional 100 Appliances above 1000 $430
3 Residential (R-3) Fire Sprinkler System Fees:
up to 3,600 sq ft $1,179
for each additional 1,800 sq ft $874
4 Specialized Fire Sprinkler System:
a Antifreeze $680
b Dry Pipe Valve $444
c Deluge/ Preaction $874
d Clean Agent Gas $957
e Dry Chemical $957
f Foam $1,706
5 Pre-engineered Fire Protection System (kitchen suppression, etc) $499 6 Underground Systems:
a Up to 3 devices $957
b Each additional device $208
7 Fire Pump, each $1,706
8 Fire Pump: Haz Mat Review (fuel) $735
9 Water Storage Tank - Gravity $985
10 Water Storage Tank - Pressure $985
11 Other Pre-Engineered Suppr System (building, full room system) $1,207 12 Fire Standpipe System $1,304
13 Fire Alarm System:
a Up to 15 Initiation devices $957
b 16 - 50 Initiation devices $1,207
c 51 - 100 Initiation devices $1,540
d 101 - 1000 Initiation devices $1,706
e For each group of 50 additional devices over 1,000 $277 f Fire Alarm Communication Change Only $414
14 New Bldg - no special uses $499
15 Tl - no special uses $458
16 Spray Paint Booth:

Up to 2 Spray Paint Booths $1,082
Each additional Spray Paint Booth $69
17 Propane Tank (LGP) $985
VI. Fire: 23 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VI. LIVERMORE PLEASANTON FIRE DEPARTMENT Eff 01.01.2024 18 Above Ground Tank Removal:
a 60 - 500 gallon $985
b 501 - 2000 gallon $1,026
c 2000 + gallon $1,179
19 Compressed Gas System- non high-hazard $485
20 a Medical Gas- Level 1(lg) $2,053
b Medical Gas- Level 3 $624
21 Cryogenic Tank $485
22 Emergency Generator w/ Fuel Tank $485
23 Propane Exchange Rack $277
24 Vehicle Access Gate, not part of a building $264
25 Refrigerant System, each $749
26 High-Piled storage of combustibles:
a Class I-IV 2,500 sq ft - 12,000 sq. ft. $485
b Class I-IV 12,001 sq ft - 500,000 sq ft $805
c High Hazard $1,124
27 Smoke Control System $1,803
28 SPAs, CUP, PUD $444
29 Each site inspection, after twice failed same inspection $638 30 Underground Storage Tank (UST) Installation:
a Up to 2 tanks $2,913
b Each additional tank $277
D. Miscellaneous Fees
1 Candles and Open Flame in Assembly, per event $222
2 Carnivals and Fairs, per event $416
3 Exhibits and Trade Shows, per event $652
4 Pyrotechnical Special Effects show, per show $1,678
5 Temporary Membrane Structures, per event $264
6 Seasonal Lots (Xmas, Pumpkin, etc.), each lot $264
7 Open Burning, each application $180
8 Alternate Means or Method Application, each $222
9 Hydrant Flow Test, per area tested $430
10 Incident Reports, each $7
11 Licensed Care Facilities- Pre-Fire Clearance (other than Single-Family Home Residential Care), each $458
12 Dump Houses, each $1,498
13 Excessive False Alarms, each occurrence* $541
14 Outside Plan Checker, per hour $173
15 Underground Storage Tanks removal, per hour $207
16 UST - Tank top, monitoring system etc., per hour $207 17 Other Plan Checks and Inspections (Emergency repair/modification to fire protection systems), per hour $207
18 Off hours inspections, per hour (3-hour minimum charge), per request $207 19 Asbestos abatement, per hour $207
20 Compressed Gas System High Hazard, per hour $207
21 Compressed Gas System High Hazard - additional for projects with more than one system, per hour $207
22 High- Rise (charge on hourly), per hour $207
VI. Fire: 24 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VI. LIVERMORE PLEASANTON FIRE DEPARTMENT Eff 01.01.2024 23 Fire Alarm Monitoring Equipment change/replacement, per hour $207 24 Fire code assessment/approval change of occupancy/use/equipment/ access, per application $257
25 Service Required in Excess of Standard (due to size, occupancy uses or other than local regulations), per hour $207
26 Fire Monitoring System Only (Water flow, associated equipment, Central Station), per system $485
* Excessive False Alarm is defined as three or more false alarms within a 90-day period
VI. Fire: 25 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VII. FINANCE DEPARTMENT
A. General
Copies of Reports
General $5
2-Year Operating Budget $75
2-Year Operating Budget Summary $50
5-Year Capital Improvement Program (CIP) $75
5-Year Capital Improvement Program (CIP) Summary $25
B. Assessment District Administration
Arbitrage Calculation Fees
Initial Set-up (per district) $1,500
Annual Calculations Cost + Overhead
Fifth Year Report plus Bond Fee Cost + Overhead
Financial Administration of Redemption Funds
(One of the following methods will be used at the City's option)

1. Fees paid in full from bond proceeds per the following schedule:

Project Cost less than $5 million 1.5%
Project Cost over $5 million and less than $10 million 1.0% ($75,000 min.) Project Cost $10 million or more .5% ($100,000 min.)

2. Actual Costs
Foreclosure Action
Staff cost and litigation guarantee per parcel or owner $2,000 Amortization/Payoff Schedules
Per page $0.25
Mailing or faxing per request $5
Loan copies are available upon payment of a refundable deposit (Residents: $5; Nonresidents:
full fee as shown above). A nonrefundable $5 fee is charged for mailing.

Actual administration costs as determined by the Director of Finance, added to annual assessments each year over the life of the Redemption Budgets**
VII. Finance: 26 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
VIII. Recreation Eff 06.21.2022
A.

Examples include, but are not limited to:

Community / Special Events
Volunteer Programs
Facility & Field Rentals: PUSD /Cosponsor Groups
Public Art
B.

Examples include, but are not limited to:

Facility & Field Rentals: Pleasanton Based Non-Profits (>75% residents) Gallery Exhibits
Senior Programs
C.

Examples include, but are not limited to:

City Staff Facilitated Classes, Programs, Clinics, Camps, Leagues, and Workshops D.

Examples include, but are not limited to:

Facility & Field Rentals: Pleasanton Residents (Private Use) and All Other Non-Profits (<75% residents) Theater Shows
Contract Instructor Facilitated: Classes, Programs, Clinics, Camps, Leagues, and Workshops Preschool
E.

Examples include, but are not limited to:

Facility & Field Rentals: Non-Residents (Private Use) and Businesses A seperate fee schedule for recreation programs is adopted annually by the City Council. The City Council authorizes staff to adjust and provide current and new programs for a fee based on the established cost recover guidelines established below:

Programs/Classes/Services which provide mostly community benefit will recover 0-25% of all related costs.

Programs/Classes/Services which provide considerable community benefit will recover 26-50% of all related costs.

Programs/Classes/Services which provide balanced individual and community benefit will recover 51-75% of all related costs.

Programs/Classes/Services which provide mostly considerable individual benefit will recover 76-100% of all related costs.

Programs/Classes/Services which provide mostly individual benefit will recover at least 101% of all related costs.

VIII. Recreation: 27 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
IX. WATER RATES, FEES, AND CHARGES Eff. 01.01.2024
A. Water Rates & Charges
Consumption Charges (bi-monthly) PMC 14.04.070 Eff. 01.01.2024 Zone 7 (1) Distribution(2)
Recycled Water
Surcharge
Vineyard Corridor
Improvements Total per Ccf
0 - 20 Ccf $3.43 $2.06 $5.49
21 - 40 Ccf $3.43 $2.98 $6.41
41 - 60 Ccf $3.43 $3.51 $6.94
over 60 Ccf $3.43 $3.75 $0.06 $0.13 $7.37
$3.43 $2.03 $0.01 $5.47
Commercial/Industrial $3.43 $2.16 $0.01 $5.60
$3.43 $2.99 $0.01 $6.43
Recycled Irrigation $4.29
Water Service Charge (bi-monthly) Effective January 1, 2024 Meter Size
Charge
(Pleasanton)
Charge
(Zone 7) Meter Size
Charge
(Pleasanton) Charge (Zone 7)
5/8 " $4.60 $17.30 3" $42.55 $389.29
3/4 " $5.48 $25.95 4" $72.56 $683.41
1 " $7.69 $47.58 6" $126.41 $1,211.11

1.5 " $13.42 $103.81 8" $311.76 $3,027.78
2 " $16.96 $138.41 10" $488.29 $4,757.94
(1) - Increased by pass-through of Zone 7 rate increases as they occur.

Rate payers will be notified 30 days prior to any increase taking effect. $60
20% - Senior Citizens (65 or older)
30% -
***DISCOUNTS SHALL NOT BE ADDITIVE***
Initial Service Fee
During business hours (before 4:30 p.m.) $15
After business hours, weekends, and holidays $85
Disconnect/Turn-off Fee
1st time within 6 months $85
2nd time within 6 months $105
3rd time within 6 months $145
Reconnection Fee
During regular business hours (contacting the City between 8:00 a.m. and 3:00 p.m.) $15 1st time within 6 months $85
2nd time within 6 months $105
3rd time within 6 months $145
$75.00 per hour plus cost of materials
After hours (see above), weekends, and holidays $100.00 per hour plus cost of materials 1 CCF = 100 cubic feet = 748 gallons
Single Family
Individually
Metered
Multifamily
Potable Irrigation
After hours (see above), weekends, and holidays
Annual Backflow Prevention Device Administration Charge Res 18-1015 Single Family Residential Discounts
Account in shut-off status for non-payment (payment not received by 8:00 a.m. deadline)
Available on single family individually metered residential account if water consumption does not exceed 30 Ccf during the bi-monthly billing period. The Account holder's name who qualifies for the discount by proof of age with government-issued identification, must be on the property title, if owner occupied or appear on the lease/rental agreement.

Low Income Families (who qualify for PG&E, AT&T or cable television discounts through either the California Dept of Economic Opportunity, Social Security Administration, or California Lifeline) During regular business hours
(contacting the City between 8:00 am and 3:00 pm)
IX. Water: 28 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Administrative Cost Recovery
Interactive Voice Recording (IVR) fee $10
Returned Check Fee $25
Hydrant Meter Deposits
Potable Water Hydrant Meter Deposit
3/4" Hydrant Meter & Backflow Assembly $1,500
3" Hydrant Meter & Backflow Assembly $4,000
Recycled Water Hydrant Meter Deposit
3" Recycled Hydrant Meter $2,500.00
Residential Construction Water Unit Cost
For units that will be individually metered $25
B. Water Meter & Installation Fees Eff. 07.01.2022
Meter Size Fee Meter Size Fee
3/4" (short) Diehl $452.99 2" Kamstrup (17" lay length) $1,225.10 3/4" (long) Diehl $477.83 3" EVO Q4 $3,431.31
1" Kamstrup $613.37 4" EVO Q4 $3,977.47
1 1/2" Kamstrup $1,036.40 6" EVO Q4 $6,924.99
2" Kamstrup (15 1/4" lay length) $1,167.87 8" EVO Q4 $9,861.51 C. Water Drought Water Shortage Rates (2) Eff. 01.01.2024 Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6
Single Family
0 - 20 Ccf $0.64 $1.60 $2.95 $5.28 $9.92 $14.91
21 - 40 Ccf $0.75 $1.86 $3.45 $6.16 $11.58 $17.41
41 - 60 Ccf $0.81 $2.02 $3.73 $6.67 $12.54 $18.84
over 60 Ccf $0.84 $2.10 $3.89 $6.96 $13.08 $19.66
Multi-Family $0.64 $1.59 $2.94 $5.26 $9.89 $14.85
Commercial $0.65 $1.63 $3.01 $5.38 $10.12 $15.21
Industrial $0.65 $1.63 $3.01 $5.38 $10.12 $15.21
Irrigation $0.75 $1.87 $3.46 $6.18 $11.62 $17.46
D. Water Conservation Plan- Excess use penalties PMC 9.30 100 Stage
Exceed 1
time
Exceed 2
times
Exceed 3
times
Exceed 4 or more
times
1 Up to 10% Voluntary no penalty no penalty no penalty no penalty 2 Up to 20% Voluntary no penalty no penalty no penalty no penalty 2 $2.50 additional for
all units
$5 additional for all
units
$7.50 additional for
all units
$10 additional for all
units
3 Up to 30% Mandatory $4 additional for all
units + $50
$8 additional for all
units + $100
$12 additional for all
units + $250
$16 additional for all
units + $500
4 Up to 40% Mandatory $6 additional for all
units + $100
$12 additional for all
units + $250
$18 additional for all
units + $500
$24 additional for all
units + $750
5 Up to 50% Mandatory $8 additional for all
units + $150
$16 additional for all
units + $300
$24 additional for all
units + $550
$32 additional for all
units + $800
The Director of Operations and Water Utilities, or designee, shall publish periodically the fees or fee formula for water service installation by the City. The published fee or formula shall reflect the estimated actual cost to the City.

Current fees
effective 7/01/22
Water usage in excess of the amount provided in Section 9.30.070 is subject to the following penalties:

Additional penalties for multiple times exceeding water use amount are for the number of times within the prior 12 months (2) - Rate payers will be notified 30 days prior to any increase taking effect.

Drought/water shortage rates are added to the current rates shown in Section A, at the time the drought state is declared Overall Reduction
Up to 20% Mandatory
IX. Water: 29 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
6 More than 50% Mandatory $10 additional for all
units + $200
$20 additional for all
units + $350
$30 additional for all
units + $600
$40 additional for all
units + $850
IX. Water: 30 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
E. Water Connection Fees - City
$460 $1,200
$690 $1,800
$1,150 $3,000
$2,300 $6,000
$3,680 $9,600
$5,290 $13,800
$7,360 $19,200
$8,050 $21,000
$23,000 $60,000
$46,000 $120,000
$80,500 $210,000
$126,500 $330,000
F. Recycled Water Connection Fees

1.00 $19,299

1.50 $28,949

2.50 $48,253

5.00 $96,497

16.00 $308,789

16.00 $308,789
2" (displacement type) 8.00 $154,395

16.00 $308,789

20.00 $385,987
For each single family house, or any other use that is determined by the City Engineer or the Engineer's duly appointed representative to have a water demand equivalent to that of a single-family house, for normal domestic-type water uses only, there shall be a connection fee charged for each service connection as indicated in the following table. This shall be the minimum charge for all uses. For all other uses, for each service connection, a charge shall be made as established in the following table depending on the size of the meter required for that service connection as determined by the City Engineer or his duly appointed representative.

Amounts DO NOT include water meter
installation fees, which are revised periodically
based on current costs for labor & materials as
authorized in Section B "Water Meter &
Installation Fees".

Meter Size
N. Pleasanton
Improvement Dist 2B
5/8 inch (displacement type)
3/4 inch (displacement type)
All Other Service
Connections
2" (displacement type)
2" (OMNI C2)
3 inch (OMNI C2)
2" Mueller MVR

1.5 inch (displacement type)
Res 15-777, Adjusted annually beginning 1
January 2017 by Engineering News Record
(ENR) Construction Cost Index.

Meter Size
Meter
Equivalent

1.5 inch (OMNI C2)

1.5 inch (OMNI T2)
2" (OMNI C2)
2" (OMNI T2) (1)
Recycled Water
Connection Fee
4 inch (OMNI C2)
6 inch (OMNI C2)
8 inch (OMNI C2)
10 inch (OMNI C2)
For any larger service connection, the City Engineer or his duly appointed representative will determine the charge; or a battery of meters may be used at the City Engineer's option.

Any change in use or addition requiring greater capacity will require the payment of additional fees at the rates established herein as a condition of continued service. 5/8 inch
3/4 inch

1.5 inch (displacement type)
1 inch
1 inch (displacement type)
IX. Water: 31 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
G. Zone 7 Fees
Zone 7 Water Connection Fees
Meter Size Fee Factor Eff 01.01.2024
DISPLACEMENT TYPE 10 $34,530
DISPLACEMENT TYPE 15 $51,795
DISPLACEMENT TYPE 25 $86,325
ULTRASONIC METER (Pleasanton Only) 30 $103,590
ULTRASONIC METER (Pleasanton Only) 30 $103,590
ULTRASONIC METER (Pleasanton Only) 55 $189,915
ULTRASONIC METER (Livermore Only) 55 $189,915
DISPLACEMENT TYPE 50 $172,650
KAMSTRUP ULTRASONIC (Pleasanton Only) 120 $414,360
OMNI C2 160 $552,480
OMNI T2 160 $552,480
OMNI WITH 50 GPM RESTRICTION 50 $172,650
DISPLACEMENT TYPE 80 $276,240
OMNI WITH 80 GPM RESTRICTION 80 $276,240
MUELLER MVR 115 $397,095
OMNI WITH 120 GPM RESTRICTION 120 $414,360
SENSUS SR/SRII 160 $552,480
KAMSTRUP SHORT - ULTRASONIC (Pleasanton only) 160 $552,480 KAMSTRUP LONG - ULTRASONIC (Pleasanton only) 160 $552,480 OMNI C2 160 $552,480
OMNI T2 200 $690,600
EVOQ4 MAGNETIC (Pleasanton only) 220 $759,660
3" - 10" (turbo type)
Zone 7 Development Impact Fee for Flood Protection & Storm Water Drainage $1
H. Happy Valley Specific Plan Water Main Pro-Rata Share Fee Eff. 01.01.2023 Existing Home Including Service Lateral Cost $20,027
Existing Home Excluding Service Lateral Cost $17,280
New Home Including Service Lateral Cost $56,864
Annual 4.5% interest rate adjustment
1 1/2"
2"
1" DIEHL
3/4"
1"
3/4" SHORT DIEHL
3/4" LONG DIEHL
Residential & Nonresidential Improvements, per square foot of impervious surface Determined by Zone 7 using the fee factor for
continuous use
In accordance with Ordinance No. 2009-001, adopted 5/18/09 by the Board of Supervisors for the Alameda County Flood Control & Water Conservation District, the City collects the following development impact fee for flood protection and storm water drainage:
5/8 inch and 1" FS
1" Kamstrup
Res 19-1102
The City collects water connection charges for the Zone 7 Water Agency. These fees are subject to periodic modification by the Zone 7 Board of Directors in accordance with Water Connection Change Ordinance No. FC 72-1(as amended) for Zone 7 of the Alameda County Flood Control & Water Conservation District.

IX. Water: 32 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
X. SEWER RATES, FEES, AND CHARGES
A. Sewer Rates & Charges Eff 01.01.2024
User Charges - Bimonthly
Residential (rate per dwelling unit):

Local (1)
effective 1/1/24
RegionalDSRSD (2)
effective 7/1/23 Total
Single-Family/Townhome $29.27 $58.22 $87.49
Condominium $20.09 $44.15 $64.24
Multifamily/Secondary Unit $15.31 $44.15 $59.46
effective 01/01/24 Livermore (3) Total
Single-Family - Ruby Hill $26.34 $122.81 $149.15
Single-Family Residential Discounts:
20% -
30% -
Commercial: Billing Units
up to 16 Ccf
each add'l Ccf
up to 6 Ccf
each add'l Ccf
up to 16 Ccf
each add'l Ccf
up to 6 Ccf
each add'l Ccf
up to 16 Ccf
each add'l Ccf
up to 8 Ccf
each add'l Ccf
up to 8 Ccf
each add'l Ccf
up to 16 Ccf
each add'l Ccf
Instituational:

Ccf
Ccf
Ccf
$1.92
$15.31
$1.54
$15.31
$1.54
$15.31
$1.39
$1.34
The following discounts are available on the City of Pleasanton Local portion ONLY for a single family individually metered residential account if water consumption does not exceed 30 Ccf during the bimonthly billing period. The Account holder's name who qualifies for the discount by proof of age with government-issued identification, must be on the property title, if owner occupied or appear on the lease/rental agreement.

Low Income Families who qualify for PG&E, AT&T or cable television discounts through either the California Dept of Economic Opportunity, Social Security Administration, or California Lifeline
Restaurants (Fast Food)
Restaurants (Full Service)
All Other
Mortuaries
- All commercial accounts are billed based on water consumption which varies by season and type of usage. The regional commercial rates shall be equal to the DSRSD or City of Livermore cost for said charges determined based on regional provider for said account.
- Commercial customers are subject to a minimum bi-monthly charge equivalent to the charge for a multiple-family residential customer
Auto Steam Cleaning
Bakeries
$0.88
$1.39
Senior Citizens (65 or older)
***DISCOUNTS SHALL NOT BE ADDITIVE***
Commercial Laundries
Groceries w/Garbage Disposals
Pleasanton (1)
effective 1/1/24
$15.31
$1.65
$15.31
$1.63
$15.31
$1.65
$15.31
$1.58
$15.31
Schools (sub-metered)
Schools (not sub-metered)
All Other
X. Sewer: 33 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Industrial, Demand Users, and Septage Haulers:

Internal Filter Backwash
Treatment MGD
BOD Lb/Day
SS Lb/Day
Connection Each
Reverse Osmosis Rejection Water
Disposal MG
Industrial
Less than 1,000 mg/L ccf
1,000 to 1,500 mg/L ccf
Greater than 1,500 mg/L ccf
Septic Haulers gallon
Commercial: Billing Units
up to 13 Ccf
each add'l Ccf
up to 11 Ccf
each add'l Ccf
up to 9 Ccf
each add'l Ccf
up to 7 Ccf
each add'l Ccf
up to 6 Ccf
each add'l Ccf
up to 6 Ccf
each add'l Ccf
up to 7 Ccf
each add'l Ccf
Industrial Waste Program User Fees (DSRSD - eff 7/1/14) District Code Fee
Composite Sampler set-up $375
Sampling, each site per day $240
$1,475
Inspection, compliance (SIU) $870
$1,105
$660
$370
$740
Inspection, compliance (IIU) $435
$740
$330
$225
$6.94
$44.15
$7.85
$44.15
$0.00
Please contact Public Works for the rate
DSRSD (2)
effective 7/1/23
$44.15
$3.29
$44.15
$4.20
$44.15
Permit Issuance, incl application
review (SIU)
Permit Renewal, incl application
review (SIU)
Permit Amendments (SIU)
Type of Fee
Between 750 and 900 mg/L
Between 900 and 1,050 mg/L
Greater than 1,050 mg/L
- All commercial accounts are billed based on water consumption which varies by season and type of usage. The regional commercial rates shall be equal to the DSRSD or City of Livermore cost for said charges determined based on - Commercial customers are subject to a minimum bi-monthly charge equivalent to the charge for a multiple-family residential customer
Less than or equal to 300 mg/L
Between 300 and 450 mg/L
Between 450 and 600 mg/L
Between 600 and 750 mg/L
$5.12
$44.15
$6.03
$44.15
Inspections & Permitting
- Intermediate Industrial User (IIU)

5.03.090 Inspection, initial (IIU)
Permit Issuance, incl application
review (IIU)
Permit Renewal, incl application
review (IIU)
Permit Amendments (IIU)
Fee Description
Sampling 5.03.090
Inspections & Permitting
- Significant Industrial User (SIU)

5.03.090 Inspection, initial (SIU)
X. Sewer: 34 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
$890
$1,185
$120
$41,884
Hearings & Enforcement 5.03.090 Show Cause Hearing, each hearing, hours
Enforcement Hearing, each hearing,
hours
Dental Amalgam Program 5.03.090 Permit fee - 3 yr permit for dental offices with amalgam seperator
devices
Inspection fee - inspection of
amalgam separator devices
X. Sewer: 35 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Regional-DSRSD (2)
effective 7/1/14
Alkalinity Total $32
Alkalinity Bicarbonate, HCO3 $32
Alkalinity Carbonate, C03 $32
Alkalinity Hydroxide, OH $32
Ammonia $126
Arsenic (incl in metals) $60
Beryllium $61
Biochemical Oxygen Demand (BOD) $76
Boron $100
Cadmium (included in Metals) $60
Calcium & Calcium Hardness $38
Chemical Oxygen Demand (COD) $32
Chloride $79
Chlorine $94
Chromium (included in Metals) $60
Coliform, Total, MPN Method $188
Coliform, Total, P/A Method $63
$19
$32
$60
$131
$19
$63
$88
$188
$79
$38
$126
$60
$61
$130
$358
$60
$79
$32
$79
$79
$32
$32
$131
$61
$60
$79
$60
Sodium $61
$79
$32
$11
Color
Conductivity
Copper (included in Metals)
Cyanide
E-Coli, P/A Method
Enterococcus
Fecal Coliform, MPN Method
Fluoride
Lab Analysis Price Sheet
Lead (included in Metals)
Manganese
Mercury
Metals
Nickel (included in Metals)
Nitrate, NO3
Hardness, Total
Langelier Index
Dissolved Oxygen
Potassium
Selenium (included in Metals)
Silica
Silver (included in Metals)
Sulfate
Sulfide
Nitrate, NO3, Hach Method
Nitrite and Nitrate, Total
Nitrite, NO2
Nitrite, NO2, Hach Method
pH
Phenol
Temperature
X. Sewer: 36 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
$63
$63
$63
$32
$26
$76
$131
$76
$60
Time & Materials
Cost + Staff Time
(1) Local - City of Pleasanton
(2) Regional - DSRSD
(3) Regional - City of Livermore
B. Local and Regional (DSRSD) Sewer Connection Fees
Pleasanton
Local Fee
Regional-DSRSD (2)
effective 7/1/22

RESIDENTIAL
Single Family Dwelling Unit per house $500.00 $15,021.00 Auxiliary (Secondary) Dwelling Unit per Square Foot $2.00 $9.61 Townhome, Townhouse, Duet, Duplex per unit $500.00 $15,021.00 Condominium per unit $375.00 $11,266.00
Apartment, Mobile Home per unit $330.00 $9,914.00
REGULAR (low strength wastewater)
Auditoriums per seat $4.55 $148.84
Auto body shops/ Auto dealers per square foot $0.25 $8.19 Banks, Financial Offices per square foot $0.14 $4.47
Barber shops/ Beauty shops per square foot $0.68 $22.33 Bars, Cocktail lounges, taverns (w/o dining) per square foot $0.80 $26.05 Bowling alleys per square foot $0.70 $23.07
Car washes per square foot $3.86 $126.51
Churches per seat $11.36 $372.10
Delicatessen per square foot $1.61 $52.84
Dental Clinic per square foot $2.05 $10.42
Dry Cleaners per square foot $1.02 $33.49
Gas Stations per square foot $1.07 $34.98
General Retail/ Commercial per square foot $0.11 $3.72
Gyms, Health Clubs per square foot $0.95 $31.26
Hospital per bed $568.18 $18,604.78
Starting July 15, 2016 and as they occur, regional rates are subject to the pass-through of City of Livermore Regional rates and continue for a maximum of five years. Rate payers will be notified 30 days prior to any such automatic increase taking effect.

Volatile Acids, VA
Volatile Organics, EPA 624
Volatile Solids, VS
Zinc (included in Metals)
Any lab analysis not specifically identified
Outside Contract Lab Analysis
Total Dissolved Solids, TDS
Total Solids, TS
Total Suspended Solids, TSS
Turbidity
UV 254
Fee Adjustments to Sewer Rates and Charges
Starting July 1, 2016, Local sewer rates will be increased annually for a maximum of 5 years based on the increase in the Consumer Price Index - All Urban Consumers for the San Francisco-Oakland-San Jose area.

Rate payers will be notified 30 days prior to any such automatic increase taking effect.

Starting July 15, 2016 and as they occur, regional rates are subject to the pass-through of DSRSD Regional rates and continue for a maximum of five years. Rate payers will be notified 30 days prior to any such automatic increase taking effect.

X. Sewer: 37 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Hotels, Motels (no dining facilities) per room $295.45 $9,674.48 Institutional (Resident) per bed $227.27 $7,441.91
Laundries, coin-operated per machine $295.45 $9,674.48
Laundries, full service (commercial) per square foot $2.27 $74.42 Market - Dry Goods per square foot $0.43 $14.14
Medical Clinic per square foot $0.84 $27.54
Medical/ Dental Complex per square foot $0.50 $16.37
Office Buildings per square foot $0.11 $3.72
Pleasanton
Local Fee
Regional-DSRSD (2)
effective 7/1/22
REGULAR (low strength wastewater) continued
Parks/ Rec
Country Club per person $159.09 $5,209.34
Picnic Park per person $22.73 $744.19
Pool per person $22.73 $744.19
Tennis Courts, w/ toilet & shower per court $227.27 $7,441.91 Plant Nursery per square foot $0.18 $5.95
Printers per square foot $0.32 $10.42
Public Agencies per square foot $0.11 $3.72
Recreational vehicle R.V. Park per RV $272.72 $8,930.29 Schools (excluding cafeteria)
W/o showers per student $34.09 $1,116.29
With showers per student $45.45 $1,488.38
Theaters per seat $4.55 $148.84
Veterinary Hospital per square foot $0.77 $25.30
Warehouse/distribution per square foot $0.07 $2.23
REGULAR (medium strength wastewater)
Banquet Facilities - intermittent use per square foot $0.61 $22.03 Business with cafeteria per square foot $1.36 $47.06
Cafeteria per square foot $1.23 $44.05
Hotels/Motels with dining facilities per square foot $1.36 $47.06 Restaurant, Fast Food per square foot $1.36 $47.06
Restaurant, Full Service per square foot $1.23 $44.05
School with cafeteria per square foot $1.36 $47.06
REGULAR (high strength wastewater)
Bakeries/ Donut Shops/ Ice Cream Shops per square foot $1.41 $54.45 Car washes w/ steam cleaning per square foot $0.91 $161.01 Markets with garbage disposals per square foot $3.86 $16.43 Mortuaries per square foot $0.43 $7.78
INDUSTRIAL (other):

Wastewater Flow gallons per day n/a $69.41
lbs per day n/a $1,678.06
SS (Suspended Solids) lbs per day n/a $883.01
All other non-residential users or special use (users with above-normal discharge of flow, BOD, and SS) shall be assessed a connection fee on a caseby-case basis based on average day peak month flow, BOD, and SS to be discharged to the sewer system as follows:

BOD (Biochemical Oxygen Demand)
X. Sewer: 38 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
C. Livermore Sewer Connection Fee (Ruby Hills)
per single-family residential unit $4,633.70
D. Happy Valley Specific Plan Sanitary Sewer Main Pro-Rata Share Fee Eff. 07.01.2022 Existing Home Including Service Lateral Cost $17,983.00 Existing Home Excluding Service Lateral Cost $14,716.00 New Home Including Service Lateral Cost $32,552.00
Annual 4.5% interest rate adjustment
Res 19-1102
City of Livermore adjusted this fee for ENR-CCI effective 1/1/11 Applies to residential development in Ruby Hills. This fee is collected in lieu of the DSRSD regional connection fee for the City of Livermore in accordance with the Ruby Hills Sewer Agreement *
City of Livermore council may, by resolution, adjust the fee schedule, including flow factors, from time to time. Once the fee is established, it shall automatically be increased annually based upon the Engineering News Record (ENR) 20-City Construction Cost Index (CCI). In calculating the adjustment, the rate (in each use category, including the flow, BOD and SS costs) for the base year is multiplied by the index for the then-current, divided by the base year index.

X. Sewer: 39 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
XI. DEVELOPMENT IMPACT FEES
Eff 01.01.2024
A. Capital Facilities Fee (includes Quimby Act)
Residential (per dwelling unit)
Single-family detached $20,480
Single-family attached (Townhouse) $14,593
Multi-family (Apartment, Condominium) $14,593
Accessory Dwelling Units (ADU) e.g. In-law, Aupair, etc Less than 749 sq. ft. $0
750 sq ft or greater ADU, whether attached or detached to a detached single-family dwelling 750- 1,000 sq ft $5,120
> 1,000 sq ft $10,240
750- 1,000 sq ft $3,647
> 1,000 sq ft $7,296
Non-Residential (per square foot)
Office $2.97
Research & Development $2.38
Light Manufacturing $0.95
Service/Commercial $2.16
Warehouse $0.95
Retail $2.16
Restaurant $2.16
Hotel/Motel (per Room) $1,173
B. Affordable Housing Fee
Applicable to all new construction and non-residential additions exceeding 200 sq ft.

Residential Single-family detached (over 1,500 sq ft) $52,203 (per dwelling unit) Single-family detached (1,500 sq ft or less) $51,077 Multi-family (Apartment, Condominium) $51,077
Accessory Dwelling Unit( In-law, Aupair, etc..) $0
Non-Residential Retail $5.38
(per square foot) Hotel/Motel $3.71
Office $8.98
Industrial $14.91
Applicable to all new construction and non-residential additions exceeding 200 sq ft.

Due at the time building permit is issued
PMC 3.22.040 Subject to an annual inflation adjustment on January 1 of each year based upon the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area. 750 sq ft or greater ADU, whether attached or detached to an attached single-family (e.g Town home) or multi-family (apartment or condominium) dwelling
PMC 17.40.070, Subject to an annual inflation adjustment on January 1 of each year, based upon the Consumer Price Index (CPI) f or the San Francisco/Oakland region.

XI. Development: 40 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
C. Transportation Development Fee Eff 01.01.2024
Applicable to all new construction and non-residential additions exceeding 200 sq ft.

Residential (per dwelling unit)
Single-family detached $11,642
Single-family attached (Townhouse) $11,642
Multi-family (Apartment, Condominium) $7,158
Accessory Dwelling Units (ADU) e.g. In-law, Au Pair, etc 749 sq ft or less ADU to either single or multi-family dwelling $0 750- 1,000 sq ft $2,910
> 1,000 sq ft $5,821
750- 1,000 sq ft $1,790
> 1,000 sq ft $3,579
Non-Residential (per square foot)
Office $18.17
Commercial/Retail $26.71
Industrial $10.99
Research & Development $13.69
Hotel/Motel (per Room) $7,675.76
D. Tri-Valley Transportation Development Fee Eff. 07.01.2023 -
-
Residential Single-family detached $6,946.01
(per dwelling unit) Single-family attached (Townhouse) $6,946.01 Multi-family (Apartment, Condominium) $4,095.33
Accessory Dwelling Unit (ADU Aupair, SDU etc.) $0
Affordable Housing Units $0
Non-residential Office, per square foot of gross floor area $9.28 Retail, per square foot of gross floor area $5.92
Industrial, per square foot of gross floor area $5.23
Other Uses, per average am/pm peak hour trip $6,424.02
E. Livermore Traffic Impact Fee Eff 01.01.2024
-
-
Per dwelling unit
F. Downtown Revitalization District Parking In-Lieu Fee Eff 04.01.2023 PMC 3.26.040 Subject to an annual inflation adjustment on January 1 of each year based upon the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area.

Subject to an annual adjustment (by the TVTC) on Jul 1 of each year based upon the Engineering News Record Construction Cost Index for the San Francisco Bay Area Collected for Tri-Valley Transportation Council to fund traffic mitigation improvements in the TVDA Applies to Ruby Hill, collected for the City of Livermore, per Livermore/Signature Traffic Agreement.

Subject to an annual inflation adjustment (by the City of Livermore) on September 1 of each year based upon the Engineering News Record Construction Cost Index for the San Francisco Bay Area. 750 sq ft or greater ADU whether attached or detached to a detached single-family, or to an attached single-family dwelling (townhouse)
750 sq ft or greater ADU whether attached or detached to attached multi-family dwellin(s) other than a townhome (e.g. apartment or condominium)
XI. Development: 41 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
-
-
Per parking space $24,678.00
G. Agriculture Mitigation Fee Eff. 10.01.2023
$41,883.50
Ruby Hill (due at time building permit is issued)
-
Up to 4,000 square
feet, per unit
$23,246.34
Over 4,000 square feet, per square foot $5.81
H. Johnson Drive Economic Development Zone (JDEDZ) Transportation Fee Retail, per square foot
Retail-Parcel 4 $33.27
Retail-Parcel 7 $33.27
Retail-Parcel 8 $33.27
Retail-Parcel 1 $36.58
Retail-Parcel 6b $38.96
Retail-Parcel 11 $42.78
Retail-Parcel 9 $44.84
Office, per square foot $16.09
Hotel, per square foot $16.60
Due at time building permit is issued.

PMC 3.44.040 Subject to an annual inflation adjustment on January 1 of each year based upon the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area.

PMC 18.88.120 When development within the Downtown Revitalization District is not able to accommodate all of its required parking onsite the following fee will be collected by the City to purchase land for and to construct public parking lots.

Subject to annual inflation adjustment on April 1 of any year in which the fee has not been recalculated, based on the annual change in ENR Construction Cost Index.

Collected from property owners in the areas specified below to compensate for the loss of cultivable or potentially cultivable soils. Fees collected are remitted to the Tri-Valley Conservancy (TVC) Per net acreage less than 25% slope lost to development; amount remitted to TVC will be reduced by a flat $645 administration fee retained by the City Subject to an annual inflation adjustment based on the Sept Consumer Price Index for the San Francisco/Oakland region, as calculated by the Tri-Valley Conservancy Vineyard Avenue Corridor Specific Plan Area
(due prior to subdivision map approval)
XI. Development: 42 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
XII. PIONEER CEMETERY Eff. 07.01.2023
A. Plot Fee- South Hill West
Burial Plot Fees - South Hill West Burial Plot - Casket $15,315.00 Includes two (2) rights of Interment , burial services , double vault Burial Plot - Cremated Remains $6,575.00
Includes two (2) rights of interm ent , two ( 2) urn vaults Baby Burial Plot - Casket (30 inches or less) $4,785.00 Includes one (1) right of Interment , burial service , single vault Baby Burial Plot - Cremains $3,490.00
B. Burial Services Fee
Single Casket Burial Fee
Burial Fee $4,000.00
Vault Fee (Taxable) $355.00
Total Burial Fee: $4,355.00
Single Cremains Burial Fee
Burial Fee $1,230.00
Vault Fee (Taxable) $120.00
Total Burial Fee: $1,350.00
Disinterment Fees
Casket Fee $3,135.00
Cremains Fee $1,115.00
Additional Fees
Grave Marker Installation ( Flush Marker 28 " x 20 ") $515.00 Bronze Marker Concrete Base Fee $235.00
Marker Removal Fee $250.00
Weekend/Holiday Burial or Disinterment Fee (subject to availability ) Casket Burial $960.00
Casket Disinterment $1,740.00
Cremains Burial/Disinterment $395.00
With proof of pre-paid plot in Lower Care #1-2, Upper Care #1-2, North Hill, North Hill West, South Hill, Memorial Vista , Sunol Gateway, and Hilltop
XII. Pioneer: 43 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
XIII. SOLID WASTE, RECYCLABLE MATERIALS,
AND ORGANIC MATERIALS Eff. 07.01.2023
A. SINGLE-FAMILY RESIDENTIAL RATES Monthly Rate
Cart Service $31.55
35-Gallon Service
For the regularly- scheduled once each week pick up of the following:
35-gallon cart for refuse
96-gallon cart for recyclable materials
64 or 96-gallon cart for green waste including food scraps Each additional refuse cart per week $31.54
Cart Service $55.04
96-Gallon Service
For the regularly- scheduled once each week pick up of the following:
96-gallon cart for refuse
96-gallon cart for recyclable materials
64 or 96- gallon cart for green waste including food scraps Each additional refuse cart per week $55.04
Back Yard Service
35-Gallon Service $38.34
Each additional refuse cart per week $38.34
96-Gallon Service $66.04
Each additional refuse cart per week $66.04
Container Service $170.46
For the one-time drop-off and pick-up of a 4 cubic yard container provided by Pleasanton Garbage Service, Inc.

Additional Services
Extra 30-gallon bag (per bag) $9.10
Go Back Service for customer who forgot to put out carts $13.68 Same day "go back" for a second pick-up $12.92
Other than same day "go back" service $27.03
Cart Exchange/ back and forth changes $15.22
Redelivery of Cart after delinquent account is cleared $46.89 Damaged or Stolen Cart - One replacement cart in a 12
month period for Second replacement cart $73.20
Senior Citizens Rate
Primary occupant must be 62 years of age or older. For the regularlyscheduled once each week pick up of the following:
35-Gallon Service $31.55
35-gallon cart for refuse
96-gallon cart for recyclable materials
64 or 96- gallon cart for green waste including food scraps Each additional refuse cart per week $31.55
96-Gallon Service
96-gallon cart for refuse $46.77
96-gallon cart for recyclable materials
64 or 96- gallon cart for green waste including food scraps Each additional refuse cart per week $46.77
A. SINGLE-FAMILY RESIDENTIAL RATES (continued) Monthly Rate For the regularly- scheduled once each week pick up of waste cart from the back or side yard of a single-family residential property of a customer unable to bring the cart to the curb.

Carts must be within 50 feet of any gate or fence.

XIII. Solid Waste: 44 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Senior Citizens Rate (continued)
Backyard Service
35-Gallon Service $38.34
Each additional refuse cart per week $38.34
96-Gallon Service $57.79
Each additional refuse cart per week $57.79
Frequency Monthly Rate
Solid Waste Cart Service
1/week $31.55
2/week $64.32
3/week $99.96
4/week $131.17
5/week $162.08
1/week $55.04
2/week $112.26
3/week $174.44
4/week $228.65
5/week $282.60
Each additional Solid Waste Cart per week 1/week $31.55 1/week $55.03
Cart Size Frequency Rate
Go Back Service for customer who forgot to put out carts All Each Cart $13.67 Cart Exchange/ back and forth changes All Each Cart $15.22 Redelivery of Cart after delinquent account is cleared All Each Cart $46.89 All Each Cart $73.20
Mixed Recvcle or Organics dumped as trash All Each Cart $22.91 Cubic
Yards Frequency Monthly Rate
Bin Service (Loose)
1 1 $141.23
1 2 $288.09
1 41884 $448.32
1 4 $586.83
1 5 $725.33
2 1 $282.43
2 2 $576.17
2 3 $896.41
2 4 $1173.40
2 5 $1450.42
For the regularly- scheduled once each week pick up of Waste cart from the back or side yard of a single-family residential property of a customer unable to bring the cart to the curb.

Carts must be within 50 feet of any gate or fence.

Additional Services for Solid Waste, Mixed Recycling and Organic Carts
96-gallon
96-gallon
96-qallon
Cart Size
35-gallon
Damaged or Stolen Cart - One replacement cart in a 12 month period is provided free of charge. Second
replacement cart in a 12 month period

COMMERCIAL/MULTI-FAMILY RESIDENTIAL
RATES - All Cart Service

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE
B. COMMERCIAL/MULTI-FAMILY RESIDENTIAL

RATES - SOLID WASTE
35-gallon
35-qallon
35-gallon
35-gallon
35-gallon
96-gallon
96-qallon
96-qallon
XIII. Solid Waste: 45 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Cubic
Yards Frequency Monthly Rate
Bin Service (Loose) continued 3 1 $423.66
3 2 $882.55
3 3 $1,320.26
3 4 $1,735.75
3 5 $2,151.28
4 1 $564.89
4 2 $1,176.77
4 3 $1,744.96
4 4 $2,298.96
4 5 $2,852.99
7 1 $1,009.47
7 2 $2,102.29
7 3 $3,058.18
7 4 $4,027.72
7 5 $4,997.26
Cubic
Yards Frequency Rate
Bin Service (Loose) - continued
Extra Pickup 1 Each $31.96
2 Each $63.94
3 Each $95.89
4 Each $127.86
7 Each $223.75
On Call 1 Each $31.96
2 Each $63.94
3 Each $95.89
4 Each $127.86
7 Each $223.75
Money on Delivery Bin Take Away 3-Day Rental 4 Each $170.46 4 Each $127.86
Cubic
Yards Frequency Monthly Rate
Bin - Compactor
1 ½ 1 $415.52
1 ½ 2 $831.05
1 ½ 3 $1,246.58
1 ½ 4 $1,661.67
1½ 5 $2,077.67
2 1 $554.04
2 2 $1,108.07
2 3 $1,662.10
2 4 $2,172.56
2 5 $2,770.17
3 1 $831.06
3 2 $1,662.11
3 3 $2,493.18
3 4 $3,324.22
3 5 $4,155.28

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE
Money on Delivery Bin Take Away 3-Day Rental Extra Bin PickUp

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE
XIII. Solid Waste: 46 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Bin Compactor - continued 4 1 $1,108.08
4 2 $2,216.14
4 3 $3,324.23
4 4 $4,432.31
4 5 $5,540.37
5 1 $1,645.79
5 2 $2,770.19
5 3 $3,894.59
5 4 $5,019.00
5 5 $6,143.41
6 1 $1,974.93
6 2 $3,324.22
6 3 $4,673.49
6 4 $6,022.78
6 5 $7,372.07
Cubic
Yards Frequency Rate
Bin Compactor
Extra Pickup 1 ½ Each $113.94
2 Each $127.86
3 Each $191.79
4 Each $255.72
5 Each $319.66
6 Each $383.60
Overweight Charges (per ton) NA Each $76.19
Same Day Service ALL Each $323.22
Steam Clean Compactor Container/Box ALL Each $362.05
Hard to Handle Trash (per ton) NA $72.15
Roll Off Box (Loose) - On Call
Monthly Rental Fee All sizes $388.42
15 $569.69
20 $759.58
30 $1,139.39
40 $1,519.19
Cash on Delivery 3-Day Rental - Daily Rental Fee All sizes $18.11 Cash on Delivery for 3-Day Rental 15 $569.69
20 $759.58
25 $949.49
30 $1,139.39
40 $1,519.19
Overweight Charges (per ton) All sizes $76.19

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE
XIII. Solid Waste: 47 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Cubic Yards Rate
Roll Off Box (Compactor) - On Call
8 $607.67
10 $759.58
15 $1,139.39
16 $1,215.35
20 $1,519.19
24 $1,823.03
25 $1,898.97
30 $2,278.77
36 $2,734.52
40 $3,038.36
Cubic
Yards Frequency Rate
Additional Services for Solid Waste
Go Back Service All Each $147.22
Steam Clean Bin All Each $175.20
Pallet Pick Up n/a Each $13.22
Hard to Handle Trash (per ton) n/a n/a $72.15
Lock and Key for Customer to purchase from PGS All Each $12.70 Cart Size Frequency Monthly Rate
Mixed Recycling Cart Service
First and Second Cart 64-gallon 1/week FREE
64-gallon 2/week $41.27
64-gallon 3/week $84.20
64-gallon 4/week $131.01
64-gallon 5/week $171.49
Third and all additional 64-gallon carts 64-gallon 1/week $41.27 64-gallon 2/week $84.20
64-gallon 3/week $131.01
64-gallon 4/week $171.49
64-gallon 5/week $211.96
Back Yard Service per cart 64-gallon 1/week $58.73
First Cart 96-gallon 1/week FREE
96-gallon 2/week $41.27
96-qallon 3/week $84.20
96-gallon 4/week $131.01
96-gallon 5/week $171.49
Second Cart 96-gallon 1/week $41.27
96-gallon 2/week $84.20
96-gallon 3/week $131.01
96-gallon 4/week $171.49
96-qallon 5/week $211.96
Back Yard Service 96-gallon 1/week $58.73
Cubic
Yards Frequency Monthly Rate
Bins - Cardboard only
1 1 $112.67
1 2 $223.67

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

RECYCLING

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

RECYCLING
XIII. Solid Waste: 48 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
1 3 $344.41
1 4 $450.70
1 5 $557.04
2 1 $225.29
2 2 $447.31
2 3 $688.58
2 4 $901.37
2 5 $1113.93
XIII. Solid Waste: 49 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Cubic
Yards Frequency Monthly Rate
3 1 $333.67
3 2 $679.84
3 3 $1,008.53
3 4 $1,320.13
3 5 $1,652.18
4 1 $442.03
4 2 $902.98
4 3 $1,329.33
4 4 $1,744.81
4 5 $2,160.28
7 1 $882.38
7 2 $1,614.23
7 3 $2,330.85
7 4 $3,057.92
7 5 $3,785.03
Extra Pickup (same rates for Cardboard only) 1 Each $23.97 2 Each $47.93
3 Each $71.90
4 Each $95.88
7 Each $167.80
Cubic
Yards Frequency Monthly Rate
Bins - Mixed Recycling Only
1 1 $112.67
1 2 $223.67
1 3 $344.41
1 4 $450.70
1 5 $557.04
2 1 $225.29
2 2 $447.31
2 3 $688.58
2 4 $901.17
2 5 $1,113.93
3 1 $333.67
3 2 $679.84
3 3 $1,013.95
3 4 $1,320.13
3 5 $1,652.18
4 1 $442.03
4 2 $902.98
4 3 $1,329.33
4 4 $1,744.81
4 5 $2,013.31
Compactor - Mixed Recycling Only
1 1/2 1 $321.31
1 1/2 2 $642.62
1 1/2 3 $963.94
1 1/2 4 $1,284.91
1 1/2 5 $1,606.59
2 1 $441.96
2 2 $860.25
2 3 $1,276.75

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

RECYCLING

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

RECYCLING
XIII. Solid Waste: 50 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
2 4 $1,668.52
2 5 $2,127.52
3 1 $654.53
3 2 $1,280.34
3 3 $1,914.75
3 4 $2,528.25
3 5 $3,191.26
4 1 $867.08
4 2 $1,700.54
4 3 $2,532.44
4 4 $3,363.92
4 5 $4,195.17
5 1 $1,272.63
5 2 $2,142.09
5 3 $3,011.55
5 4 $3,881.02
5 5 $4,750.49
6 1 $1,527.15
6 2 $2,570.50
6 3 $3,613.85
6 4 $4,657.21
XIII. Solid Waste: 51 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
6 5 $5,700.57
Cart Size Frequency Monthly Rate
Organics Cart Service
96-gallon 1/week $41.27
96-gallon 2/week $84.20
96-gallon 3/week $131.01
96-Qallon 4/week $171.49
96-Qallon 5/week $211.96
Cubic
Yards Frequency Monthly Rate
Bins (Loose)
1 1 $112.67
1 2 $223.67
1 3 $344.41
1 4 $450.70
1 5 $557.04
2 1 $225.29
2 2 $447.31
2 3 $688.58
2 4 $901.17
2 5 $1,113.93
3 1 $333.67
3 2 $679.84
3 3 $1,016.99
3 4 $1,333.06
3 5 $1,652.18
4 1 $442.03
4 2 $902.98
4 3 $1,329.33
4 4 $1,744.81
4 5 $2,160.28
Cubic
Yards Frequency Monthly Rate
Roll Off (Loose) - On Call
15 Each $427.27
20 Each $569.69
30 Each $854.54
40 Each $1,139.39

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

ORGANICS

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

ORGANICS
XIII. Solid Waste: 52 of 54

CITY OF PLEASANTON

MASTER FEE SCHEDULE
Rate
$242.54
$39.56
$113.28
$99.39
$113.28
$113.28
$113.28
$113.28
$242.54
$242.54
$113.28
$143.14
$99.39
$113.28
$143.14
$99.39
$99.39
$143.14
$143.14
$86.47
$86.47
$198.78
$143.14
$113.28
$38.92
$49.68
Tire with rim – Large Truck $89.47
Tire no rim
CPU
Printer
Television Bigger than 25 inches
Television Less than 25 inches console or computer monitor Water Heater 30, 40, 50, or 80 gallon and above
Tire with rim - Car and Pick-Up Truck
Couch 6 foot or 9 foot
Dishwasher
Washer
Dryer
Freezer
Refrigerator
Stove
Misc. Furniture Item
Misc. Large Item
Ping Pong Table

LARGE ITEM ON CALL LIST FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS Air Conditioner
Bathtub (non-metal or metal)
Chair-Recliner
Grill
Toilet
Hide a bed
Matress Full, King, Queen, Twin
Microwave
Flocked Holiday Tree
XIII. Solid Waste: 53 of 54

165344286.14

EXHIBIT E
TO

DEVELOPMENT AGREEMENT

ESTIMATE OF CITY IMPACT FEES AND OTHER CITY FEES
[See Attached]

Development Fee Worksheet
For Estimate Purposes Only
Date:

Record Number:

Project Name:
$3,427,454.00
Quantity Rate Effective January 1, 2024
Single-family Home or Townhouse Homes $0.00 $52,203.00 per new unit.

Multi-Family Unit Units $0.00 $51,077.00 per new unit.

Accessory Dwelling Unit (ADU) Units $0.00 $0.00 per new ADU unit.

Retail Square Feet $0.00 $5.38 per square foot.

Hotel/Motel Rooms $0.00 $3.71 per room.

Office Square Feet $0.00 $8.98 per square foot.

Industrial Square Feet $0.00 $14.91 per square foot.
$0.00
Quantity Fee Rate Effective January 1, 2024
Single-family, Detached Home 92 Homes $1,884,160.00 $20,480.00 per new unit.

Townhouse, Apartment, Condo 18 Units $262,674.00 $14,593.00 per new unit.

Office Square Feet $0.00 $2.97 per square foot.

Research & Development Square Feet $0.00 $2.38 per square foot.

Light Manufacturing Square Feet $0.00 $0.95 per square foot.

Service/Commercial Use Square Feet $0.00 $2.16 per square foot.

Warehouse Square Feet $0.00 $0.95 per square foot.

Retail Square Feet $0.00 $2.16 per square foot.

Restaurant Square Feet $0.00 $2.16 per square foot.

Hotel/Motel Rooms $0.00 $1,148.00 per square foot.
$2,146,834.00
Quantity Fee Rate Effective January 1, 2024
Single-family Home or Townhouse 110 Homes $1,280,620.00 $11,642.00 per new unit.

Apartment, Condo Units $0.00 $7,158.00 per new unit.

Office Square Feet $0.00 $18.17 per square foot.

Commercial Square Feet $0.00 $26.71 per square foot.

Industrial Square Feet $0.00 $10.99 per square foot.

Research & Development Square Feet $0.00 $13.69 per square foot.

Retail Square Feet $0.00 $26.71 per square foot.

Hotel/Motel Rooms $0.00 $7,675.76 per room.

Total TIF $1,280,620.00
Total Development Fees:

Affordable Housing Fee:

Capital Facility Fee:

June 24, 2024
PUD-147, P22-1089 and Tract 8522
Merritt Development
Transportation Development Fee:

Total Affordable House Fee
Total Capital Facility Fee
Please note, the attached estimate is not exhaustive/inclusive of all fees (i.e., TVTC fee which is a 3rd party fee not controlled by the City or the Stormwater fee as the project’s total impervious surface area has yet to be calculated by the applicant) to which the project may be subject, which shall be per the applicable fees in the Attached Master Fee Schedule, unless otherwise specified by the project Development Agreement.

165344286.14

EXHIBIT F
TO

DEVELOPMENT AGREEMENT

DIAGRAMS OF TRAIL AND FOOTHILL ROAD IMPROVEMENTS
[See Attached]

EXHIBIT F
TO

DEVELOPMENT AGREEMENT

DIAGRAM OF TRAIL IMPROVEMENTS

171057

PRELIMINARY

FOOTHILL ROAD

WIDENING PLAN
4690 CHABOT DRIVE
PLEASANTON, CA 94588
928-227-9100 C-7

EXHIBIT F
TO

DEVELOPMENT AGREEMENT

FOOTHILL ROAD IMPROVEMENTS

171057

PRELIMINARY

FOOTHILL ROAD

WIDENING PLAN
4690 CHABOT DRIVE
PLEASANTON, CA 94588
928-227-9100 C-8

EXHIBIT F
TO

DEVELOPMENT AGREEMENT

FOOTHILL ROAD IMPROVEMENTS

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON DIRECTING THE

CITY MANAGER TO EXECUTE THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE

CITY OF PLEASANTON AND FOOTHILL BOULEVARD HOLDING COMPANY, LLC, FOR THE PROPOSED PROJECT FILED UNDER CASE NOS. P22-1089, PUD-147, TRACT 8522, AND P24-0378
WHEREAS, on December 27, 2022, Foothill Boulevard Holding Company, LLC, applied for: (1) a determination that the Project is exempt pursuant to CEQA Guidelines Section 15183 and requesting that the Project be evaluated in a Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); and (2) the following entitlements: (a) Request for Annexation (P22-1089), (b) a Planned Unit Development (PUD) development plan (PUD-147) to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one (1) existing single-family residence, and related on-and off-site improvements, (c) a Vesting Tentative Map (Tract 8522), and (d) a Pre-Annexation and Development Agreement (P24-0378); and (3) an Affordable Housing Agreement (hereinafter collectively the “Project”) for property project located at 4131 Foothill Road (APN 941-0950-003- 03), 4141 Foothill Road (APN 941-0950-003-01), APN 941-0950-003-11, and APN 941- 0950- 003-12 (hereinafter “the Property”; and
WHEREAS, the Property is designated Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) in the City’s General Plan; and WHEREAS, the Property is Pre-zoned PUD-LDR (Planned Unit Development – Low Density Residential) and HOZ (Housing Opportunity Zone) on the City’s zoning map; and WHEREAS, the City of Pleasanton is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval of the Project; and WHEREAS, at its duly noticed public meeting of June 26, 2024, the Planning Commission considered the written agenda report, all public testimony, relevant exhibits, and staff recommendations, and then recommended approval of the Project to the City Council; and WHEREAS, at its duly noticed public meeting of July 16, 2024, and prior to taking action on the Project, the City Council considered written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”), and made the following determinations based on the Record Evidence.

NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

Section 1. At its meeting on July 16, 2024, the City Council determined the Project is exempt pursuant to CEQA Guideline Section 15183 as documented in a Section 15183 Checklist for the Project.

Attachment 5

Section 2. The City Council approves the Affordable Housing Agreement between the City of Pleasanton and Foothill Boulevard Holding Company, LLC, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and hereby authorizes the City Manager to execute the Affordable Housing Agreement in substantial conformance with the form attached in Exhibit A, subject to minor amendments and approval by the City Attorney.

Section 3. This resolution shall become effective upon the effective date of the ordinance approving a Planned Unit Development (PUD) development plan for the Project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 16, 2024.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on July 16, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney

Exhibit A
Affordable Housing Agreement with Attachments
(Page Intentionally Left Blank)

1 164627870.6

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Pleasanton
P.O. Box 520
Pleasanton, CA 94566
Attention: City Manager

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN:

This document is exempt from recording
fees pursuant to Government Code §
27383 and exempt from Documentary
Transfer Tax pursuant to Revenue and
Taxation Code §11922

AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT ("Agreement") is made this day of , 2024, by the CITY OF PLEASANTON, a Municipal Corporation ("City"), and FOOTHILL BOULEVARD HOLDING COMPANY, LLC a California limited liability company ("Developer").

RECITALS
A. Developer currently controls or owns a legal or equitable interest in land consisting of approximately forty six (46) acres in unincorporated Alameda County, proposed to be annexed to the City of Pleasanton, California, more particularly described in Attachment 1 attached hereto and incorporated herein by reference (the "Property").

B. For the Property, Developer has obtained City approval (PUD-xxx) to create 111 lots and develop a 110-unit age-qualified fifty-five (55) year and older residential project (collectively the "Project") consisting of 93 single family detached homes and 18 alley-loaded and/or courtyard detached and duet homes. The 111th lot is for an existing home.

C. Developer has utilized the state density bonus allowed for age-qualified housing projects pursuant to California Government Code Section 65915(b)(1)(C). This twenty percent (20%) density bonus allows 112 homes on the property, which has a maximum existing density of ninety-three (93) homes before applying the density bonus. The number of affordable homes required by City's Inclusionary Zoning Ordinance (IZO) is eighteen (18) homes (twenty percent of the base 92 home project).

D. The eighteen (18) homes required by the IZO will be available to households with incomes at or below one hundred and twenty percent (120%) (moderate income) of Area Median Income (AMI).

E. Developer shall provide Accessory Dwelling Units (ADUs) in the Project to further expand the affordability component of the Project by providing opportunities for further dispersal of affordable residential units that are affordable by design throughout the community.

2 164627870.6
F. Execution of this Agreement memorializes the requirements of the City's Inclusionary Zoning Ordinance (Ordinance 1818) for the Project and shall be in lieu of paying the City’s Lower Income Housing Fee for this Project.

NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, City and Developer agree as follows:

A. Of the 110 homes authorized for development by the PUD Development Plan approved by the City Council by its Ordinance 21-YYY, eighteen (18) shall be "Affordable" units. The 18 units required to meet the IZO shall be available for purchase to households with annual incomes at or below 120% of the Area Median Income (AMI) as set forth herein. The Affordable units shall be at least 1,200 square feet and shall be consistent with the following:

Unit Type Moderate Income
(120% of AMI)
2 Bedroom 18
Total 18
Area Median Income (AMI) shall mean the area median income for San Francisco-Fremont Metropolitan Statistical Area adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Urban Development (HUD) pursuant to Section 8 of the United States Housing Act of 1937 or any successor Statute.

B. Affordable unit sales prices shall be based on the following household sizes:

Unit Type Household Size
2 Bedroom Unit Three (3) person household
C. The sales prices for each of the Affordable units shall be calculated based on a maximum sales price for a three (3) person household (regardless of the number of qualified applicants at the time of sale or thereafter) calculated by the City in accordance with its Pleasanton Homeownership Assistance Program guidelines and restrictions, as such restrictions have been modified and approved by the City Council for this Project in the form attached hereto as Attachment 2 (the ”Merritt Property Age-Qualified Community Homes PHAP Requirements” ).

In the event that there are improved marketing strategies for securing qualified buyers, or there is an inadequate pool of qualified buyers, for the Affordable units, the Developer may propose revisions to the PHAP Requirements to attract additional qualified buyers. Such revisions to the PHAP Requirements shall be subject to review and approval by the Community Development Director.

At the initial sales for the Project, sales prices for Affordable units shall be based on the AMI at the time the City issues a Certificate of Occupancy for each unit. Thereafter, prices shall adjust consistent with HUD adjustments in the AMI. If HUD fails to issue revised Area Median Income/ household income statistics for the San Francisco-Oakland-Fremont Metropolitan Statistical Area within 12 months of the previous revision, sales prices for the Affordable units may be adjusted based on the annual percentage increase in the San Francisco-Oakland Consumer Price Index for urban wage earners and clerical workers.

D. The Affordable units shall be located in the alley-loaded and courtyard housing, as shown on the Project PUD site plan. The Affordable units shall be constructed concurrent with construction of the market-rate units.

E. Sales of the Affordable units shall be in accordance with City eligibility and income guidelines in conformance with the City’s Preference System for City Assisted Affordable Rental and

3 164627870.6
Homeownership Programs in Resolution 21-1199, as may be amended, unless otherwise mandated by federal or state laws governing fair housing, upon which the City and Developer shall initially agree to a different process as permitted by such laws.

F. Developer shall enter into a restrictive covenant with the City in a form approved by the City Attorney, to be executed by the City Manager, to require that the housing development consisting of the 110 new housing units (and not the existing 111th housing unit) be operated as “housing for older persons” consistent with state and federal fair housing laws.

G. The Affordable units shall have the same exterior standards of quality (stucco, stone, siding, etc.) as the market rate units; however, interior features (e.g., flooring, cabinets, appliances, interior features/amenities, services, etc.) may be different than the market rate units, as long as the workmanship and the products are of standard residential quality as determined by the City.

H. By providing the Affordable units, all units in the entire Project are exempt from the Affordable Housing Fee.

I. Developer shall provide a minimum of four (4) ADUs; two (2) of these ADUs will be within the main home and the remaining two (2) ADUs will be detached structures in rear yards. The ADUs are not required to be rented or sold; and if rented or sold, are not required to be rented or sold at affordable levels.

J. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators, and assigns with respect to the Affordable units.

However, in no event shall this Agreement be binding or impose any obligations, (including but not limited any indemnity or duty to defend obligations), on an owner of a market-rate single family home located on the Property, except for the restrictive covenant set forth in set F of this Agreement. The Developer and any successors, heirs, administrators and assigns of the market-rate single family homes shall enter into a restrictive covenant requiring the housing development to be operated as “housing for older persons” consistent with state and federal fair housing laws.

K. Developer shall notify the initial buyers of the Affordable units that they are required to comply with the restrictive covenants recorded on the Affordable units, which among other things, will restrict the sale of the units to other eligible age-qualified purchasers at a maximum release price determined by the City in accordance with the Merritt Property Age-Qualified Community Homes PHAP Requirements. The initial buyers and subsequent buyers shall execute a Promissory Note and Performance Deed of Trust to capture any excess proceeds received in the case of an ineligible transfer of an Affordable unit. The restrictive covenants shall remain in perpetuity and the Note and Performance Deed of Trust shall remain as long as the initial buyer or any successor, heir or assign owns the Affordable unit.

L. Developer shall have the right to transfer and assign all of its rights, duties and obligations under this Agreement to any affiliate of Developer or to any person or entity acquiring fee simple title to any portion of the Property. Developer shall be immediately released from its obligations under this Agreement upon such assignment so long as: (i) Developer was not in default of this Agreement at the time of conveyance, (ii) Developer provided to City prior written notice of such transfer, and (iii) the transferee executes and delivers to City a written assumption agreement in which: (1) the name and address of the transferee is set forth, and (2) the transferee expressly assumes the obligations of Developer under this Agreement. Failure to deliver a written assumption agreement hereunder shall not negate, modify, or otherwise affect the liability of any transferee pursuant to the provisions of this Agreement. Nothing herein contained shall be deemed to grant to City discretion to approve or deny any such transfer.

4 164627870.6
M. If Developer fails to perform an obligation hereunder, and such failure continues for thirty (30) days after receipt of written notice of such failure by the City (or such longer period of time as may be reasonably necessary to cure such failure) then Developer shall be in default hereunder and the City’s sole remedy hereunder shall be to pursue an action for specific performance against Developer.

N. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, or sent by prepaid registered or certified mail with return receipt requested, and shall be deemed to have been given on the earliest of (1) receipt or refusal of receipt; (b) one business day after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days after the date deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or (d) on the day of its transmission by facsimile if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided that a copy of such notice, consent or other communication is also delivered pursuant to clause (b) or (c) above. All references to “business days” herein shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows (or to such other or further addresses as the parties may designate by notice given in accordance with this section):

If to the City, at:

City of Pleasanton
Attention: City Manager
P.O. Box 520
Pleasanton, CA 94566
If to the Developer, at:

Foothill Boulevard Holding Company, LLC
c/o The DeSilva Group LLC
Attention: Jim Summers
11555 Dublin Boulevard
Dublin, CA 94568-2854
With a Copy to:

Perkins Coie, LLP
Attention: Cecily Barclay
505 Howard Street, Suite 1000
San Francisco, CA 94105
O. Notwithstanding anything to the contrary in this Agreement, the restrictions set forth in this Agreement shall be enforceable solely by the City and not by, or on behalf of, any resident of the Project.

P. This Agreement may be executed in counterparts, and when all counterpart documents are executed, the counterparts shall constitute a single binding agreement.

Q. This Agreement shall be recorded in Alameda County, shall run with the land, and shall bind the parties and their successors in interest.

5 164627870.6
THIS AGREEMENT is executed the date and year first above written.

CITY:

CITY OF PLEASANTON, a Municipal Corporation By:
______________________________
Gerry Beaudin, City Manager
ATTEST:
______________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
______________________________
Daniel Sodergren, City Attorney
DEVELOPER:

FOOTHILL BOULEVARD HOLDING COMPANY, LLC, a California limited liability company By:
_____________________________
James B. Summers
Title: ________________________
Attachments:

1. Legal Description

2.. Merritt Property Age-Qualified Community Homes PHAP Requirements

6 164627870.6
Attachment 1
Legal Description

167854933.1
Real property in the unincorporated area of the County of Alameda, State of California, described as follows:

PARCEL A:

BEGINNING AT THE NORTHWESTERN CORNER OF LOT 2, AS SAID LOT IS SHOWN

ON THE MAP ACCOMPANYING THE REFEREE'S REPORT IN ALAMEDA COUNTY SUPERIOR COURT CASE NO. 10329 ENTITLED "ADA M. DOUGHERTY, PLAINTIFF, VS. JAMES WITT DOUGHERTY, ET AL, DEFENDANTS," WHICH CORNER IS ALSO THE CENTER LINE OF THE COUNTY ROAD LEADING FROM DUBLIN TO SUNOL; THENCE RUNNING ALONG THE CENTER LINE OF SAID COUNTY ROAD SOUTH 2° 30' EAST 70 FEET; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 28° 30' EAST 340 FEET; THENCE LEAVING SAID CENTER LINE OF SAID COUNTY ROAD AND RUNNING NORTH 51° 45' EAST 380 FEET; THENCE RUNNING NORTH 13° 30' WEST 230 FEET TO THE NORTHERN BOUNDARY LINE OF SAID LOT 2; THENCE RUNNING ALONG THE NORTHERN BOUNDARY LINE OF SAID LOT 2 SOUTH 76° 30' WEST 440 FEET MORE OR LESS TO THE POINT OF BEGINNING.

APN: 941-0950-003-01
PARCEL B:

BEGINNING AT THE SOUTHWESTERN CORNER OF LOT 2, AS SAID LOT IS SHOWN

ON THE MAP ACCOMPANYING THE REFEREE'S REPORT IN ALAMEDA COUNTY SUPERIOR COURT CASE NUMBER 10239 "ADA M. DOUGHERTY, PLAINTIFF VS.

JAMES WILL DOUGHERTY, ET AL., DEFENDANTS", WHICH CORNER IS ALSO THE

CENTER LINE OF FOOTHILL ROAD, FORMERLY THE COUNTY ROAD LEADING FROM DUBLIN TO SUNOL; THENCE RUNNING ALONG THE SOUTHERN BOUNDARY LINE OF SAID LOT 2, NORTH 76° 30' EAST, 516.5 FEET; THENCE LEAVING SAID SOUTHERN BOUNDARY LINE AND RUNNING NORTH 13° 30' WEST, 400 FEET; THENCE RUNNING SOUTH 76° 30' WEST, 630 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF SAID FOOTHILL ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID FOOTHILL ROAD, SOUTH 28° 30' EAST, 225.5 FEET; AND THENCE SOUTH 30° 30' EAST, 190.74 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-03
PARCEL C:

BEING A PORTION OF LOT 2, AS SAID LOT IS DELINEATED AND SHOWN ON THE MAP ACCOMPANYING REFEREE'S REPORT IN CASE #10239 SUPERIOR COURT OF ALAMEDA COUNTY, ADA M. DOUGHERTY VS. JAMES WILL DOUGHERTY, ET AL, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2, S. 16° 25' 26" E., 830.02 FEET TO THE

- 2 - 167854933.1
SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, S. 77° 35' 02" W., 1331.16 FEET; THENCE LEAVING SAID SOUTHERLY LINE N. 15° 42' 10" W 829.18 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG SAID NORTHERLY LINE N. 77° 34' 34" E., 1320.69 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-11

PARCEL D
BEING A PORTION OF LOT 2, AS SAID LOT IS DELINEATED AND SHOWN ON THE MAP ACCOMPANYING REFEREE'S REPORT IN CASE #10239 SUPERIOR COURT OF ALAMEDA COUNTY, ADA M. DOUGHERTY VS. JAMES WILL DOUGHERTY, ET AL, DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, S. 77° 35' 02" W., 1331.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 77° 35' 02" W., 505.44 FEET TO THE EASTERLY LINE OF PARCEL DESCRIBED IN THE DEED RECORDED IN SERIES 89-023130 OFFICIAL RECORDS OF ALAMEDA COUNTY TO SCHOLES; THENCE ALONG SAID EASTERLY LINE N. 12° 25' 26" W., 400.07 FEET; THENCE ALONG THE NORTHERLY LINE OF LAST SAID PARCEL S. 77° 34' 34" W., 630.65 FEET; THENCE LEAVING SAID NORTHERLY LINE N. 27° 26' 14" W., 23.06 FEET TO THE SOUTHERLY CORNER OF THE PARCEL DESCRIBED IN THE DEED RECORDED IN SERIES 86-138999 OFFICIAL RECORDS OF ALAMEDA COUNTY TO MERRITT; THENCE ALONG THE SOUTHEASTERLY LINE OF LAST SAID PARCEL N. 52° 50' 09" E., 380.00 FEET; THENCE ALONG THE EASTERLY LINE OF LAST SAID PARCEL N. 12° 25' 22' W., 246.37 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 2 N. 77° 34' 34" E., 749.51 FEET; THENCE LEAVING LAST SAID NORTHERLY LINE S. 15° 42' 10" E., 829.18 FEET TO THE POINT OF BEGINNING.

APN: 941-0950-003-12

7 164627870.6
Attachment 2
Merritt Property Age-Qualified Community Homes PHAP Requirements

1 of 6
165820934.4

PLEASANTON HOMEOWNERSHIP

ASSISTANCE PROGRAM (PHAP)

MERRITT PROPERTY

AGE-QUALIFIED COMMUNITY

ELIGIBILITY AND PARTICIPATION REQUIREMENTS

MERRITT PROPERTY AGE-QUALIFIED COMMUNITY
The City of Pleasanton Homeownership Assistance Program (“PHAP”) provides opportunities for income-eligible buyers to purchase Below Market Rate (“BMR”) age-qualified homes in Pleasanton.

These homes are restricted at the time of sale in accordance with City requirements. The information provided in this document describes the household qualifications and participation requirements for purchasers of homes in the Merritt Property age-qualified community.

Eligibility Requirements
To qualify for the purchase of a home, the Applicant must be 55 years of age or older and meet the criteria listed below.

1. Household Size. The following minimum and maximum household size requirements shall apply for Applicants. At least one member has to be 55 years of age or older.

Number of Bedrooms Minimum Household Size Maximum Household Size 2 1 person 4 persons

2. Household Income: Annual household income may not exceed the City’s established income limits for the applicable percentage of the Area Median Income (AMI), adjusted for household size. These limits, adjusted annually by the City, are based on Median Income data published by the U.S. Department of Housing and Urban Development for the Oakland-Fremont HMFA.

The Income Limits for 2024 are:

Persons in Household
Maximum Annual Income
120% AMI
(Moderate Income)
1 $130,800
2 $149,500
3 $168,150
4 $186,850

3. Household members include all individuals who will be residing in the affordable home.

4. Annual household income includes the income of all household members over the age of 18 years who will be residing in the home. Annual household income includes all income for the current calendar year to date (at the time of application submittal) plus the household’s

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anticipated annual household income for the remainder of the current calendar year. In the event a household, and/or a household member, experienced a recent, significant increase in monthly income, generally defined as an increase of 20%, annual household income will be determined by projecting the new monthly income for a period of twelve months.

Determination of and applicant’s annual income to establish eligibility shall be at the sole discretion of the City/City’s Program Agent and the applicant will be required to provide documentation satisfactory to the City to establish eligibility. Income shall include the following:
a) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
b) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); c) Interest and dividends;
d) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
e) Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay;
f) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(1) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
(2) The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities;
g) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; h) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse; i) In addition to the above, to adhere to Title 25 California Code of Regulations Section 6914, where a family has net assets in excess of $5,000 (after subtracting the allowable down payment and closing costs to purchase the home), the applicants’ annual income shall include the actual amount of income derived from the asset(s), or 10% of the value of the asset(s), whichever is greater. If the total assets are less than $5,000, the actual amount of income derived from the asset will be included as income. For this section, assets is defined as equity in real property, trust funds, savings, stocks, bonds or other investment instruments such as mutual funds, certificates of deposit, etc. Assets do not include recognized retirement plans such as IRA’s, Keogh plans, and 401K plans. Assets may not exceed the program’s limit.

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5. The Applicant household must not own another home at the time of the Application or if a home is owned, it must be actively marketed for sale with the intent of selling such home prior to purchase of the BMR home.

6. The City will implement a Below Market Rate (BMR) Exchange Program that will allow a current BMR homeowner to be eligible to purchase one of the BMR homes in this development prior to selling their existing BMR home.

7. Applicants must be a U.S. citizen or lawfully permitted for permanent residence.

Credit/Other Requirements

8. Applicants must have sufficient creditworthiness to qualify for a first mortgage.

Creditworthiness includes: a) not having filed bankruptcy in the last three years; and b) minimum FICO credit rating of 660 points. At the discretion of the City/City’s Program Agent, this minimum rating may be adjusted if the buyer’s down payment exceeds the 3% minimum requirement. The applicant may not have any outstanding judgements or accounts in collections.

9. The Applicant’s total Frontend Housing ratio may not be less than a 28% floor of the Applicant’s total gross monthly income.

10. If the Applicant has not previously owned a home, the Applicant must successfully complete a City-approved first-time homebuyer training program prior to the close of escrow.

First Mortgage Requirements

11. Applicants are required to demonstrate ability to obtain mortgage financing within a specific time frame established by the City. The City’s Agent will review the Loan application and supporting documentation for program eligibility and will forward the loan package to the First Mortgage Lender. Failure to provide required financial information within the time frames established by the City will result in the household forfeiting its current application ranking number and being removed from further consideration.

12. Applicants are responsible for all closing costs related to the purchase which may include title fees, escrow fees, loan origination fees, etc. (approximately 2-3 percent of the purchase price). Applicants may be “gifted” funds to be used toward closing costs.

13. First mortgages must have a fixed interest rate for the term of the loan. First mortgages with negative amortization, interest only payments, or balloon payments are not acceptable.

14. The Applicant’s total Backend Debt to Income ratio may not exceed a 45% ceiling of the Applicant’s total gross monthly income.

15. The Applicant will participate in a lender sponsored Impound Account for property taxes on the BMR unit. Property taxes shall be based on the affordable sales price at time of sale to the Applicant.

Down Payment & Secondary Financing

16. The Applicant must provide a minimum of three percent (3%) of the purchase price, in their own funds, for use as a down payment:

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a) In general, lending institutions require that funds must be seasoned (on deposit in a financial institution) for a minimum of three months prior to the initial date of the application with documentation showing these funds are available for use as down payment.
b) Funds must be placed into escrow prior to close of escrow and proof of availability of funds provided to the City’s Program Agent before close of escrow.

17. Buyers purchasing homes through the PHAP Program may use forms of secondary down payment financing from the City-approved subsidy sources.

18. The City will not provide any direct financing, and buyers must qualify independently for mortgage financing to purchase the homes. However, buyers may apply separately for second mortgage assistance through the Pleasanton Down Payment Assistance Loan (PDALP) program. Review of the PDALP application will be conducted separately from consideration of the Eligibility and Financing Application. Approval of PDALP financing in conjunction with the PHAP program will be based on the applicant’s demonstrated financial need.

19. Applicants may be gifted funds in an amount not to exceed 15% of the purchase price, plus closing costs as evidenced by a gift letter which must be submitted at the time of the PHAP application submittal.

Restrictive Covenant Requirements

20. Applicants must agree to occupy the property as the principal place of residence for at least ten (10) months of each calendar year. The property and improvements must be maintained in good condition and repair throughout the period of ownership. The property and any part of it may not be subleased.

21. Applicants must agree to comply with the Restrictive Covenants recorded on the BMR home which, among other things, will restrict the sale of the home to other eligible age-qualified purchasers at a maximum resale price determined by the City in accordance with these guidelines. The Applicant shall execute a Promissory Note and Performance Deed of Trust to capture any Excess Proceeds received in the case of an ineligible transfer of the property.

The Restrictive Covenants shall remain in perpetuity and the Note, and Performance Deed of Trust shall remain so long as Applicant owns the BMR home.

22. Applicants must agree to the City’s subordination and refinancing conditions which generally prohibit the take out of equity or appreciation. Refinancing is limited to reduction of an interest rate or more favorable or lower payment terms. Only the existing balance of the loan may be refinanced and up to 2% for non-recurring closing costs.

23. The resale price will be based on adjustments (increases and decreases) in the Area Median Income (AMI) annually by U.S. Department of Housing and Urban Development (HUD). The formula for determining the maximum resale price shall also include an allowance for reasonable closing costs and marketing expenses as determined periodically by the City.

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Sample Maximum Sales Price Calculation:

Initial BMR Sales Price: $545,000
Change in HUD AMI Since Initial Sale: Increase 5%
New Maximum Sales Price at Resale: $572,250
Selection Process

24. The City’s selection process shall be conducted based on the City of Pleasanton Preference System for City-assisted affordable housing projects. City of Pleasanton Resolution No. 21- 1199 is attached. Additional information concerning the Preference System may be obtained from the City.

25. Available homes will be allocated to eligible purchasers with qualified financing based on application ranking numbers. Selection will be restricted to homes currently available for occupancy and applicants will not be given an opportunity to wait for specific properties which may be available at a later date, such as in a phased release of homes. Only those Applicants who are able to meet project eligibility guidelines and to obtain project financing within a time frame established by the City would be able purchase a BMR home.

26. In new construction units, builder-provided home upgrades, such as improved carpeting, cabinetry, fixtures, etc., are generally not provided.

27. Falsification of eligibility information provided in the application will result in disqualification of the applicant and or termination of escrow.

City of Pleasanton Partners

28. The City collaborates with Bay Area Affordable Homeownership Alliance (BAAHA) to process applications for the PHAP and will make additional requests for information to verify information stated in the application. Please note that the Applicant’s signature on the Preapplication signifies the Applicant’s authorization to share documentation and information among these parties pertaining to the application.

29. Homebuyer education for the PHAP and PDALP programs is coordinated by a HUD-approved homebuyer education provided, including ECHO Housing.

Definitions
“Backend Debt to Income” shall be defined as monthly debt to income ratio which includes monthly housing payments (principal, interest, taxes and insurance) and any other secured and unsecured debt payments (e.g. car loans and credit cards).
“City’s Agent” shall be defined as Bay Area Affordable Homeownership Alliance (BAAHA) or another third-party administrator authorized by the City for the PHAP/City DPA Programs. (Preference Category Definitions)
“Disabled Person” is defined as a head of household who has a medically documented permanent physical or mental impairment that prevents him/her from maintaining full-time regular employment.

Any individual claiming Disabled Person status must submit verification from a licensed doctor of his/her disability and its effect on the ability to maintain full-time employment. A Disabled Person

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shall be assigned a number of points as if the person was employed regardless of the Disabled Person’s employment status, plus one bonus point. If an individual has a disability that substantially limits one or more major life activities and has a medical record of such impairment but the disability does not prevent the ability to maintain full-time regular employment the individual shall be assigned the appropriate number of points as detailed in the City’s Preference System in place at the time.

Examples of a disability include limitations on caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, or working.
“Pleasanton Employee” is defined as a person who at the time the Eligibility and Financing Application is submitted for review, is permanently and continuously employed on at least a half-time basis (i.e., 20 or more hours per week) at a business that is physically located within the then current incorporated area of the City of Pleasanton. Telecommuting or working from an address located in Pleasanton for an employer not located in the City of Pleasanton as defined above, shall not qualify as employment in the City of Pleasanton, unless the employer is providing the workspace in Pleasanton as part of its corporate/company offices. For persons who are retired at the time of application, the applicant’s work history immediately prior to the date of retirement shall be considered in determining the length of employment in Pleasanton. The City will require applicants to submit pay stubs, W-2 forms, tax returns, or other satisfactory evidence as proof of employment at a Pleasanton business. Length of employment shall be calculated from the final date for submitting a City Eligibility Preapplication. “Employment” does not include volunteer work or any work without reportable income.
“Pleasanton Resident” is defined as a person or household who at the time the Eligibility and Financing Application is submitted resides permanently and continuously at a residential address which is physically located within the then current incorporated area of the City of Pleasanton and where that location is considered to be the household’s permanent place of residence. The City will require applicants to submit a driver’s license, voter registration, utility bill, or other evidence as proof of residency in Pleasanton.

For persons who moved away from the City of Pleasanton less than 6 months prior to the final date for submitting a City Eligibility Pre-application and who resided in the City of Pleasanton continuously for at least ten (10) years immediately prior to moving away, the residency history prior to the date of moving away shall be considered in determining the length of residency.

In addition to the above, “Pleasanton Resident” includes individuals who have maintained a permanent address in the City of Pleasanton while a full-time college student at a university located outside of the City or while an active member of the armed forces. Proof of residency and academic and armed forces standing will be required.

Proof of Pleasanton residency is required and must be provided through the submittal of rent receipts or utility billing in the name of the applicant. In unique situations, the City may consider other documentation sufficient to determine residency, on a case-by-case basis, such as a notarized statement from a landlord or relative attesting to residency, if the above information is unavailable.

ATTACHMENT 6
Project Plans
This document is available electronically at:
https://weblink.cityofpleasantonca.gov/weblink/0/doc/308897/Page1.aspx

ATTACHMENT 7
June 26, 2024 - Planning Commission Agenda Report (w/o Exhibits) This document is available electronically at:
https://weblink.cityofpleasantonca.gov/weblink/0/doc/308900/Page1.aspx

Planning Commission Minutes Page 1 of 3 June 26, 2024

PLANNING COMMISSION

MEETING MINUTES
Wednesday, June 26, 2024

CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL
Chair Gaidos called the regular meeting of the Planning Commission to order at 7:04 p.m. from the City Council Chambers located at 200 Old Bernal Avenue and from 300 Oxford Drive, Arcadia, CA 91007 Commissioner Pace led the Pledge of Allegiance.

Commissioners Present: Commissioners Anurag Jain, Brandon Pace, Stephanie Wedge via teleconference, and Chair Matt Gaidos
Commissioners Absent: Commissioners Vivek Mohan and Ken Morgan

AGENDA AMENDMENTS
None.

CONSENT CALENDAR

1. Actions of the Zoning Administrator
Recommendation: Receive report.

2. Approve the meeting minutes of June 12, 2024
Recommendation: Approve the meeting minutes.

MOTION: It was m/s by Pace/Jain to approve the items on the Consent Calendar, as recommended.

Motion passed by the following roll call vote:

Ayes: Commissioners Jain, Pace, Wedge, and Chair Gaidos Noes: None

Absent: Commissioners Mohan and Morgan
Abstain: None

MEETING OPEN TO THE PUBLIC

3. Public comment regarding items not listed on the agenda.

Chair Gaidos opened the public comment. There being no speakers, Chair Gaidos closed the public comment.

Attachment 8

Planning Commission Minutes Page 2 of 3 June 26, 2024

PUBLIC HEARING AND OTHER MATTERS

4. PUD-147, Foothill Boulevard Holding Company LLC, 4141 Foothill Road - Consideration of: (1) Adoption of a CEQA Guidelines Section 15183 Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Supplemental Environmental Impact Report (FSEIR); (2) annexation; (3) a Planned Unit Development (PUD) development plan to construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior court-yard detached and duet homes, one existing single-family residence, and related on- and off-site improvements; (4) a Vesting Tentative Map; (5) a Development Agreement to vest entitlements; and (6) an Affordable Housing Agreement Recommendation: Adopt Resolution No. PC-2024-14 recommending City Council (1) adopt a CEQA Guidelines Section 15183 Consistency Checklist, (2) approve annexation, PUD Plan, Vesting Tentative Map, and Pre-Annexation and Development Agreement as conditioned, and (3) direct the City Manager to enter into an Affordable Housing Agreement with Foothill Boulevard Holding Company, LLC. for the proposed projects as filed under case Nos. P22-1089, PUD-147, and Tract 8522.

Senior Planner Eric Luchini presented the item.

Chair Gaidos opened the public comment. Public comments were received from: Jim Summers, applicant; Pam Carlton; John Hall; Gerry Kirata; Doug Marshall; Linda Moniz; Sharon Piekarski; Jeff Reinholdt; James Sandler; Alicia Steren; Akhilesh Verma; Rennie Bowers; and TJ McGrath.

Chair Gaidos closed the public comment.

Chair Gaidos called a brief recess.

Chair Gaidos reconvened the meeting at 9:06 p.m.

Chair Gaidos opened the public comment. A public comment was received from: Jim Summers, applicant.

Chair Gaidos closed the public comment.

MOTION: It was m/s by Jain/Pace to adopt Resolution No. PC-2024-14 recommending City Council action, as recommended. Motion passed by the following roll call vote:

Ayes: Commissioners Jain, Pace, Wedge, and Chair Gaidos Noes: None

Absent: Commissioners Mohan and Morgan
Abstain: None

MATTERS FOR COMMISSION'S REVIEW/ACTION/INFORMATION

5. Reports from Meetings Attended (e.g., Committee, Task Force, etc.) None.

6. Actions of the City Council
Director Ellen Clark provided a brief overview of the items listed in the report.

Planning Commission Minutes Page 3 of 3 June 26, 2024

7. Future Planning Calendar
Planning Manager Melinda Denis provided a brief overview of the items listed in the report.

MATTERS INITIATED BY COMMISSION MEMBERS
None.

ADJOURNMENT
Chair Gaidos adjourned the meeting at 9:44 p.m.
__________________________________
Estela Ramirez, Recording Secretary

From: Terrence
To: Eric Luchini
Cc: Pamela Ott; Gerry Beaudin
Subject: Foothill Rd Proposed Development
Date: Sunday, June 23, 2024 6:33:05 PM
Importance: High
*** [EXTERNAL] This message comes from an external organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. ***
Hi Eric, my name is Terrence (Tj) McGrath and I live in Foothill Knolls. I regret I cannot attend this week’s meeting but I won two tickets behind home plate for Wednesdays night Giant / Cubs game (my family is from Chicago and I was born in SF, so this is all about loyalties to your home team).

I sent the attached note to our HOA President, but it was before I read the attachment I received in the mail.

Respectfully,
Terrence (Tj) McGrath
From: Terrence
Sent: Thursday, June 20, 2024 9:35 PM
To: 'Foothill Knolls'
Cc:

Subject: RE: Foothill Rd Proposed Development
Importance: High
Sorry I cannot make the city meeting, here are my thoughts.

The development “is” going to happen so let’s make it as painless as we can and get some developments (benefits) from it as well. If we don’t allow the development, the city might consider low-cost housing and / or higher more dense housing.

Here are some thoughts.

Why not make it a 55 and over community so then there is less traffic and less high school impact. The only 55 community is way east of us and west of 680 would be desirable. OR make the housing larger lots sizes and few homes (less traffic and more stable home prices).

Keep Prairie Drive closed and not a “drive through” for both neighborhoods. We need to have that as a separate development like Laguna Oaks so keep the street closed on our side.

Consider a buffer zone between the backyards of the current homes and the new ones.

Make our current freeway wall park continue into their neighborhood so it’s one long park all along the freeway wall. The park will connect the neighborhoods (not Prairie Dr.) like it does with Laguna Oaks.

See if we can get some soundproof considerations like the one, I have pending with the city and Caltrans (communication below).

Since the soil will be gone and replaced with cement / asphalt this development will generate more buildup of water coming down from the hills to the west of us. The city will need to dig the freeway creek deeper Attachment 9

and / or wider to accommodate the extra water drainage (insurance companies consider the lower homes to be in a “flood zone” and we had to use sandbags in 2023).

Respectfully,
Terrence (Tj) McGrath
Prairie Dr.

Pleasanton, CA. 94588
On Jun 12, 2024, at 12:14 PM, Pamela Ott <[email protected]> wrote:

Hi TJ,
Thanks for your note below and for the folder you dropped off. Allow me to review the materials and have a few conversations with colleagues before I can offer a thoughtful reply.

Pamela
From: Terrence >
Sent: Tuesday, June 11, 2024 2:32 PM
To: Pamela Ott <[email protected]>
Cc:

Subject: Sound wall letter
Importance: High
*** [EXTERNAL] This message comes from an external organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. ***
Hi Pamela. I will be dropping off an envelope for you to review this week that contains the 2021 / 2022 communication on the sound wall noise.

This is now 2 ½ years later and the situation has become worse with the freeway expansion, buffer zone reduction and tree removal. I think Southern California has a Senate Bill # 45 that set a standard for a 67-decibel threshold and I just think that we might need your help with Cal Trans before this impacts property values. Maybe an independent evaluation by a sound engineer is in order and/or tree replacement is an option for consideration.

Respectfully,
Terrence (Tj) McGrath
Foothill Knolls

From: john h
To: Eric Luchini
Subject: Foothill Road Proposed Development
Date: Tuesday, June 25, 2024 9:03:53 AM
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My thoughts on the new Foothill Road Proposed Development:

Traffic: "...additional on- and off-site improvements" meaning what? Are they considering ANOTHER traffic light on Foothill for the Foothill Knolls or Raccoon Hollow intersections? We have more than enough traffic encumbrances and lengthy traffic delays already.

Also with the Costo additional traffic AND traffic from the new High Density Housing project being built at the current Stoneridge Mall site, I think we have already had our "fair share" of high-volume multiple housing developments. City Council has already acknowledged that the above-mentioned developments "will already make traffic unmanageable" (as stated by the Traffic Engineer after the traffic study...I attended the meetings and listened to the Traffic Engineer).

We don't need an additional large housing development on beautiful two-lane Foothill Road with all of the impossible traffic problems it brings, water usage shortage problems, dangerous traffic situations for students (new, inexperienced drivers) at the high school, not to mention danger to bikers and runners. If I hear one more council member say "well, there's traffic congestion everywhere anyway, so it's okay" one more time, I will scream!! Even the Traffic Engineer said that the Costco/Mall projects would not just make more traffic congestion but would make it unworkable! This large project deteriorates life in Pleasanton, rather than improves it.

Water Usage: They have also acknowledged that we will not have enough water for the Mall housing development, "but that is not an issue they need to deal with since it was a state mandated development". With acknowledged water shortage problems for the new mall housing development, and the fact that City Council claims that they needed to raise water rates by 30% PER YEAR for a couple of years, and that I get restricted on water usage, I question the wisdom of further purposely stretching our water needs with such a large development.

Additional thoughts:

City Council Spending: Apparently we desperately needed an upgraded Skate Park, along with an upgraded Tennis Court to include formal Pickleball courts in our area, and now they think we desperately need a "small half cent" sales tax increase to meet their new future spending "needs" (That "small half cent increase" brings sales taxes to over $5250.00 in sales tax alone added to the price of an already expensive $50,000 car!). Why put in a permanent

solution for what is likely a temporary solution? Wasn't the major selling point of the Costco and Hotel development on Johnson Drive that it was supposed to generate hundreds of thousands of dollars in new tax revenue very soon? Isn't the new housing/ commercial development at the mall additionally supposed to generate lots of extra tax dollars? The City Council's irresponsible history of spending priorities, terrible new tax generation ideas when they have significant tax revenue already planned out for the next decade, and traffic congestion nightmares already in the plans for this part of town by City Council, lead me to believe that support for this new large scale development is not best for the local residents (who are supposed to be represented by the City Council).

Respectfully,
John Hall

Jim Summers, who will oversee this project has been a local figure in our community for years with an outstanding reputation, and we fully trust and that he will exercise outstanding interest in this project.

We have seen this same property proposed for construction 3 separate times since the 1990’s and believe this is the best proposal we have seen. Sharon and I are therefore in favor of this 55 and over community and don’t want to stand by and be at risk for a future project which would be much less favorable for our fantastic neighborhood.

Sincerely,
Sharon Santos
Robert Santos

June 24,2024
To: City of Pleasanton Planning Commission Members
c/o Eric Luchini ([email protected])
Senior Planner, Community Development Department, City of Pleasanton Re: Merritt Property; Planning Commission Agenda Item 4; June 26, 2024

Mr. Luchini and Commission Members,
We want to share our support for your approval of the Age-qualified project on the Merritt Property. This development is perfect for seniors like us needing to downsize but not wanting to leave Pleasanton and friends behind.

We have been following this project for 4 years and are pleased it is finally on the approval track. We can now begin getting our house and property prepared for selling. We have friends in Brentwood considering moving back to Pleasanton after we shared with them our hope for the project approval.

We support the 18 “for sale” senior affordable houses included in the project, and understand that the owners cannot become landlords and rent out their unit.

We ask that you approve the project as proposed and recommend to the City Council for their approval.

Thank you.

Craig and Carole Hill
Pleasanton Residents since 1997

From: Doug Kahl
To: Eric Luchini
Subject: June 24, 2024 Re: June 26th Planning Commission Merritt Property 111 Home Community Date: Monday, June 24, 2024 1:06:48 PM
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Dear City Planning Commission Members,
We are writing in support of the Merritt Property community which is on your Agenda this Wednesday.

As a resident eligible to live in this Age Qualified community I am very excited about this project and the opportunities it will bring to residents like us. The community amenities it offers are unlike anything else in the area. Also, the fact that it will have much less traffic than a normal project and will not impact the schools is a city-wide benefit compared to market rate homes in this location. Finally, the 18 affordable senior for-sale homes they are building is not offered anywhere else in the TriValley area and is a huge benefit for Pleasanton residents.

Please approve the proposal for the Merritt Age Qualified community and provide a missing choice for our current residents to stay in Pleasanton as they age.

Thank you.

Doug and Cindy Kahl
Pleasanton Residents for 20 Years
Doug Kahl
Account Executive
p: | e: | w: HALO.com
HALO | The Power to Break Through.

Image

From: Kathleen Butler
To: Eric Luchini
Subject: Merritt Project
Date: Tuesday, June 25, 2024 9:36:33 AM
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Eric,
My name is Kathleen Butler and I am a 40+ year resident of Pleasanton. As an older resident, I am writing in support of the Merritt Project.

I strongly believe the City of Pleasanton needs an age-qualified community, along with affordable housing for seniors. The design and location of this community is ideal and the benefits to the City are great.

Please vote in favor of this project.

Thank you,
Kathleen Butler
Kathleen Butler
President
The Stone Group, Inc
Railroad Ave. Suite B
Pleasanton, CA 94566
Cell
Office

From: Les Duman
To: Eric Luchini
Subject: Merritt Property support.

Date: Thursday, June 20, 2024 3:16:04 PM
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Hi Eric,
Here is the post that I placed on Nextdoor in response to an individual who was concerned that this seemed opposed to the Merritt development.

I will be unable to attend next Wednesday's meeting.

Be well,
Les Duman
The Merritt family has lived in Pleasanton for generations, and that property was intended to be, and is, perfect for "in-fill" housing. In original City planning, this property was intended to be developed. It is bordered by Foothill Knolls to the south and the North Muirwood Road neighborhood to the North. When both of those neighborhoods were built, the cul-de-sacs adjacent to the Merritt property were built as "dead end" open streets for the eventual connections to the Merritt property development. This property was set to be developed years ago, but due to outrageous nimbyism, the plans were shot down. City of Pleasanton lost housing opportunities, lost property tax income, and exacerbated our existing housing shortage. Lets NOT let this happen again!

From:

To: Eric Luchini
Cc: [email protected]; [email protected]; Eric Luchini Subject: PUD-147, Merritt Project @ 4141 Foothill Road Comment Date: Tuesday, June 25, 2024 10:35:12 AM
*** [EXTERNAL] This message comes from an external organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. *** I am writing in opposition to the proposed PUD-147, Merritt Project at 4141 Foothill Road as presented in the documents filed on the city’s web site.

This plot of land has been proposed for similar developments twice since I moved into the adjacent neighborhood.

Once in 1998 and another in 2019, both were defeated because of the concern that they would unfavorably impact the traffic flows into our neighborhood and failed to preserver enough open ‘Green’ space. The current proposal does little to address either of these issues, and actually increasing the number of residential lots from a previous 90 to 111.

It appears that the main method addressing the traffic flow into the adjacent neighborhood is to limit the vehicle access to a single point of egress to/from Foothill Road, limit the direct access to the adjacent neighborhood to walkways, and specify the development as being an age-qualified community. Neither of these items address the issues the residents of the adjacent community currently face with the traffic flows on Foothill Road today.

I found the City’s Traffic Engineer’s statement that additional traffic analysis would not be required absurd. Clearly there has been no review of the traffic flows around Foothill High School during the school year. In the morning cars, to drop off students, are lined up along the northbound of Foothill Road south of the high school and stretches south past the proposed single point of egress to/from the project. At such times a righthand turn from Foothill Road on to south Muirwood Dr. has potential risks as a turn in front of a car passing on the right is required, and any turn from Muirwood Dr. on to Foothill Road requires navigating cars moving up in the line. The same occurs in the afternoon when school lets out.

Just having a single access point for emergency services into an age-qualified neighborhood with this current traffic on Foothill Road, would seem to suggest a study and action be a must.

The other primary access to the adjacent neighborhood is through the intersection of Muirwood Dr. and Wet Las Positas Blvd. Unfortunately, during the same hours as mentioned above, the traffic flow is very restrictive. It has taken me on occasion up to 20 minutes to get out of the neighborhood during these periods, and delays of up to ten minutes getting into it. At these times access to the neighborhood for emergency vehicles could require the use of the on-coming lane over of the West Las Positas Blvd 680 overpass, which could be heavy with vehicles that dropped off or picked up students at the high school.

Until these traffic flow concerns are addressed with positive results, development of the identified land should be denied.

John Hartwell
Lemonwood Way
Pleasanton, CA 94588
Cell

From: Warren Dumanski
To: Eric Luchini
Subject: Senior Housing Options in Pleasanton
Date: Tuesday, June 25, 2024 10:36:59 AM
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City of Pleasanton Planning Commission Members
c/o Eric Luchini, [email protected]
Senior Planner
Community Development Department
Pleasanton, CA 94566
Re: Merritt Property Age Qualified Community
Planning Commission Agenda Item 4 June 26, 2024
Dear City Planning Commission,
We are not able to attend your meeting Wednesday as we are traveling; however, we do want to voice our support of the 111 unit age-qualified project being proposed on the Merritt Property. As an age-qualified community there will be no impact on the schools and significantly less traffic than a normal new home project. As a recent retiree, we may consider moving there ourselves!
The 18 affordable for-sale senior duplexes is a particular benefit to the seniors in our community that need assistance to be able to remain in Pleasanton. Furthermore the safety improvements on Foothill will benefit the adjoining neighborhoods and provide a safer route to school for children.

The home designs are attractive and with them all being primarily one-story homes they will certainly be attractive to move-down buyers, like us.

We ask that you support this project with a positive recommendation to City Council and let this project move forward.

Thank you, sincerely,
Warren and Joanne Dumanski
Pleasanton Residents since 1997

From: Brock Roby
To: Eric Luchini
Subject: Item 4 - Merritt project
Date: Tuesday, June 25, 2024 11:47:40 AM
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Eric,
As a retired professional civil engineer, who has lived and worked in Pleasanton for over 20 years, I have followed this site and proposed projects for years. I believe the currently proposed project is the highest and best use of this land, and is totally appropriate for that location. I believe the residential housing provided by this project is certainly needed, and the overall project brings great benefit and meaningful amenities to the neighborhood and the city.

Now is the time. I am in favor of approval.

Thanks,
Brock Roby

To: Eric Luchini, Senior Planner
Melinda Denis, Planning and Permit Center Manager
Ellen Clark, Director of Community Development
Kim Cilley, Assistant City Attorney
From: Carolyn Baranouskas, Fernwood Way, Pleasanton
RE: PUD-147, Merritt Project, 4141 Foothill Road
June 20, 2024
First I want to apologize for writing such a long detailed letter. I tried to schedule an appointment with Mr.

Luchini, but he did not return my call. I have sent previous emails to both Mr. Luchini and Ms. Denis regarding the Merritt Property and it’s value to the community, but have received no confirmation of receipt or response.

In your positions as part of the Council, I feel you all should be acknowledging public input; we all care about where we live and want to feel heard and respected. Unfortunately when one is ignored or dismissed, they feel angry that their home, their heart, and their future security are being threatened. I have purposefully been in the rear of the battlefield, on the fringe of knowing the full extent of the unrealistic housing requirements being imposed, but I believe this item PUD-147 may be the most contentious of the group because: 1) length of time it has been brewing (since 1991), 2) it is environmentally sensitive, 3) it has limited accessability and is the last parcel of its kind, 4) it is attached as part of two old and prominent, established neighborhoods. The Council/Planning Commission have a responsibility to act in the best interest of the people they serve, they must be trustworthy, and transparent in their actions. Once the trust is broken, it is not easily repaired, sometimes leading to a mutiny like the sad and embarrassing events in Livermore or the terrible political quagmire in Sunol. I hope Pleasanton is more enlightened and we can rise above and avoid those potholes that kill community unity. Communication is key. You must be able to defend your decisions with concrete reasoning for the betterment of the whole. When we began this very painful HOZ process, the Planning Commission vowed “to preserve and improve existing housing” and I believed you, but I see red in some of your decisions, compromising the high standards we’ve always used to guide us in planned progress, squandering our once abundant resources, failing to practice good stewardship of our special landscape, being fiscally imprudent, then trying to cover it up, and most of all, being lax in protecting our legacy for future generations.

Westside demands a different perspective because of its topography; that’s what attracted most of the residents that buy on this side of town. Real Estate is all about location, Location, LOCATION. Many original owners still live within the Muirwood Loop, having raised their children here, planning to gracefully age here as well.

We are an established neighborhood who know our neighbors and spent years in this rural setting picking walnuts off the ground every Fall after the Merritt’s harvest was done and his permission to do so, viewing the sheep being shad in the spring; having a ring-side seat in the theater of an idyllic working ranch from a distance of our own backyard. What the residents of Westside treasure should never change without good reason as the pulse of past agrarian Pleasanton-preservation of the Ridgelands, the Alviso Adobe and the dairy history, the sacred beauty of oaks and grassland, the wildlife diversity. Combined with exceptional schools, prevalent recreation, County seat Alameda County Fairgrounds and racetrack, and a vibrant downtown of culture and the Arts, we’ve got it all. Let’s not blow it!
Some dictionary definitions to keep in mind:

Home- the place in which one’s domestic affections are centered, a dwelling place or retreat, deep to the heart
open space-undeveloped land that is protected from development by legislation vacant-having no contents, empty, void
devoid of thought or reflection
When you make decisions about accepting or rejecting development plans, there is plenty of criteria I’m sure

you are forced to use. But with a residential plan or a neighborhood, there is an extra human yardstick by which you should be measuring, “Would I like to live here?” or “Would I like this development in my backyard?” so you can answer an even more subjective question “Does this development enhance and complement the existing landscape and community?” with confidence. By asking yourself these questions, you are empathetic to the home buyer or owner, putting yourself in their shoes. The human factor is a pure gut reaction that is usually the best guidance to the question of yay or nay. Unfortunately this newest age-qualified, totally walled, gated, and private resort is the worst development plan yet. It seems to be the wrong plan for the wrong location (double whammy). I’ve never seen such a rotten cake with so much fake sugar frosting. It almost seems like the developer is deliberately making it as ugly, cookie cutter, and minimal as possible, utilitarian/industrial, no soul or character, almost begrudgingly rationing out any warmth or beauty to design, flaunting his power by destroying what is (a pristine gem/oasis that should be preserved and sustained), then hiding it within walls from the sight of the neighbors. Very disturbing that I see no pride of inspiration or creation! What they’ve designed is far from any resort I’ve seen and it doesn’t belong here. Westside is rural and proud of it so not sure where this urban vibe is coming from? Initially the entire layout looks like a prison, fortification, or compound...not sure if developer is trying to keep the residents in, shutout the world, or discourage the neighbors from skinny dipping, or all the above. Needless to say, it certainly isn’t welcoming for our neck of the woods. All the solid walls send the message they are elite, don’t want anything to do with the neighbors, or the native wildlife, and the impressive 8' soundwall across the length of abutment with Foothill certainly reiterates that intention. Hey what about that Olympic-sized pool...that’s sure on the same page with the City’s concerns about water sustainability. Unfortunately the noise impact argument the developer puts forth doesn’t fly well.

There’s a good reason why the Dolores Bengtson Aquatic Center isn’t surrounded by homes. When all those grandkids visit the pool, it will be bedlam.

This area of Foothill to the High School is a traditional animal crossing easement, especially used by deer and turkeys. Guess those seniors won’t be seeing any tree or ground squirrels, opossums, raccoons, rabbits, foxes, mice, or coyotes...all part of the ecosystem that’s Merritt Ranch. Opps...oh yeah, that’s right...They aren’t endangered species, but endangered in the possibility that we will never see these displaced creatures again. In the project description section listing of the pros & cons, the author described the land as a “vacant and underutilized parcel”as if developer is “rescuing it” from obscurity...makes you wonder what definition he was using for vacant. Seems plenty ‘utilized’ to me, crawling with vitality in fact. There’s a resident family of hawks and a grey heron that hunt the small critters. A great-horned owl comes every late winter to our cedar tree, reuniting with his mate. Not sure if he will return without the orchard’s easy food supply. The crows are infinitely entertaining, watching them solve the puzzle of cracking walnuts. Oh I guess they won’t visit anymore either.

I could write another whole paragraph about the loss of trees on this property but I’m getting so tired.

It appears that the entire orchard is to be leveled by about 50', flattened, sanitized, then partitioned into cubicles, each lot issued their token boxed tree, then fenced on three sides. Sounds like an assembly line and reminds me of Pete Segar’s song “Little Boxes”. Wow, really going out of their way to make this community attractive; very minimal without a lot of creativity or warmth. The word ‘minimal’ becomes key in most of the description stating minimum development standards, ridiculous minimum side yard setbacks, blatantly claiming that these minimal measures are comparable to the existing neighborhoods...sounds like they’re reeling back building standards to the sixties, then dialing up the cost to the 2020's; (let’s change the word) maximum footprints for maximum profit. These caged seniors who have put down their life savings, will be placed in these nondescript sunken footprints, in the middle of a desert with no services. They will have to drive everywhere for their needs beyond recreation...that means jumping into a car, like the rest of us, for doctor’s appointments, groceries, conducting a life. Developer claims no traffic impact. There is no mention of providing bus or transportation service.

This brings me to my final big concern about this development. I would love to hear the rationale for building an age-qualified development at this location. Makes no sense to me. This whole development seems more and more like a business than a residence. Back to the human factor. A lot of published news lately about local fire and police response times. No surprise as our surface roads become more congested. As I have noted previously, Westside is more separated from the rest of Pleasanton. Foothill is the main North/South artery, with Bernal as the primary East/West connection. Crossover access branch streets like Stoneridge, West Las Positas, Sunol Blvd., and Castlewood Drive are slow with a lot of commercial development, traffic, and lights.

During commuter hours, there is a steady stream of vehicles on Foothill Road, making it difficult to pull into traffic from Muirwood South. I can’t speak for the other residential intersections along Foothill, but I must assume the same impact. The volume of vehicles makes travel hazardous and the anatomy of a country road contributes to the danger with its blind curves, soft shoulders, and hilly terrain. You must have full control of your faculties for safety...something that not all seniors possess. During the 9.5 month school year, the above conditions are exacerbated by anxious parents and students trying to drop-off and pick-up at FHS. You would not believe the chaos that ensues in the half loop of South Muirwood at the intersections of Foothill Road and of West Las Positas. Both entry/exit points become totally blocked with lines of cars in both directions, North & South on Foothill, East & West on West Las Positas with the line backing up to Lucky’s as they compete to merge, using the meridian to squeeze by. It’s a total log jam when residents literally cannot get or out of their neighborhood. It would take a small miracle for an emergency vehicle to reach a senior who has an inconvenient heart attack or stroke. We do not have an emergency hospital on Westside. If you value human or animal lives, you will reject this project. Suggestion: Developer needs to install a helicopter pad instead of a pool. When is enough ENOUGH?
One of the perks mentioned is an extension of sidewalk from Foothill Knolls Meadowlark Park (oh by the way, Foothill Farms/Muirwood South has no dedicated park or open space) and continuation of Marilyn Murphy Kane trail along 680, across development’s southeast side and bio-retention area (just lovely), then terminating at Eastwood pedestrian opening. It was touted as providing an alternative safe walking path for Foothill Knolls students to travel to FHS. Now, why would students go out of their way to take the “long way”? I jog and walk the Muirwood Loop like many others (with trepidation), and observe that most drivers perform the CA. “stop” at Eastwood and majority speed on Muirwood as well. I have complained about the lack of enforcement twice, been reassured it would be acted upon, but still have not seen a police presence in over a year. So this route is still dangerous for pedestrians. Does the City want to take responsibility for encouraging over 250 senior citizens to invade and stroll on the already crowded Muirwood dog walking/jogging Loop? One more idiosyncracy I’d like to mention that’s part of living on Westside and maybe a real inconvenience for a senior population that may have health issues requiring reliance on electricity. We experience frequent and lengthy power outages, typically covering the entire Westside up to Stoneridge Mall. In fact we had one today that stopped me in my tracks for two hours as I was putting finishing touches on this letter. They happen regularly in summer as the demand for cooling triggers overload, one last summer lasted three days. So add a generator to your list Mr. Resort.

I hope you all are getting to the point of all this impassioned dialog. This development is being wedged and forced on an already at-capacity population within our City. We are up against the Ridgelands with a single, curvy, meandering artery with way too many turning pockets and distractions to be deemed safe, but we LOVE it. Foothill Road is a country road that takes us Home; it was NEVER meant to be a thoroughfare. The developer is spinning a yarn with “improvement” jargon to fulfill his own agenda. The only way to improve Foothill Road traffic is by reducing the traffic (small miracle). When we complain about Foothill traffic, we are not suggesting widening the road, but requesting police presence to enforce the law and keep us safe.

The residents on Westside have accepted the limitations of a country road and have chosen to live on the edge with a window to nature. Westside isn’t the wide open grazing pastures and walnut tree groves it was. When Foothill Farms subdivision and FHS were built, there was logic in stubbing Fernwood Way and