Exhibit D – Application No. P19-0585
CONDITIONS OF APPROVAL
1. Comply with all applicable Federal, State, County , and City codes, regulations and adopted standards and pay all applicable fees. The expiration date of the vesting tentative map shall be September 9, 2021.
2. Pursuant to section 15164 of the California Environmental Quality Act Guidelines, an Addendum (P15-0500) to the previously-certified Environmental Impact Report (EIR 11-05) for the project has been prepar ed. All mitigation measures identified in the approved Addendum and the City adopted "Findings.
Statement of Overriding Considerations , Mitigation Monitoring and Reporting Program for the Delta Cove project are applicable for a second extension of the VTM.
3. Pursuant to the General Plan Action CH-5.1B, the applicant shall implement all applicable be st management practices (BMPs) and construction measures for compliance with the City’s adopted Climate Action Plan (CAP) for reducation of greenhouse gas emissions (GHC) . This includes all pre -construction, construction, and ongoing operations as identified by the CAP.
4. In order to minimize any adverse financial impact on the City of Stockton (COS) associated with development and/or use of the subject site, the owners, developers and/or successors -in-interest agrees that it will not challenge or protest any applicable fees associated with the development of the site.
5. In accordance with the policies and standards of the 2040 General Plan, the project shall pay its own way and be subject to implementation of Fiscal/Financial mitigation measures. The project's Fiscal Impact Analysis and Public Facilities Financing Plan specify and mandate those measures and financing mechanisms needed to ensure no negative fiscal impact and that there is adequate funding for infrastructure, facilities, operation, and maintenance costs.
6. The mitigation of all environmental impacts of the Project and its services, facilities, operations and maintenance (collectively, "Project Mitigation') shall be the sole and exclusive responsibility by the owners, developers and/or successors-in-interest. Such Project Mitigation may be implemented through the payment of impact fees, taxes, levies, ass essments, or other financing mechanisms. As part of the Project's exclusive obligation to cover the mitigation of all environmental impacts of the Project and its services, facilities, operations and maintenance, the City has obligations to set and determi ne Financing Mechanisms. The City shall determine whether the developer shall pay all or only some portion of "Impact Fees" imposed by the City on the development in legal effect at the time any such Impact Fees become due and payable under EXHIBIT 1 - Draft Development Agreement
259
the City law an d Government Code Section 66498.1, or whether some other Financing Mechanism will adequately fund such Project Mitigation obligations.
The owners, developers and/or successors -in-interest shall be responsible for the costs for the processing of all develop er-requested land use approvals including building permits, plan checks and other similar permits, when such costs are incurred by the City. If the City determines in good faith that the Fiscal Impact Analysis does not adequately include such future City processing costs, then the City shall impose those additional funding requirements needed to ensure that the processing costs to the City are fully covered by the Project.
7. The Large Lot Vesting Tentative Map is for financing and sale purposes only.
8. The Large Lot Vesting Tentative Map shall not be vested until the requested General Plan Amendment and Rezoning applications are both effective after November 18, 2010.
9. This Large Lot Vesting Tentative Subdivision Map (P09-160) shall supersede all prior-approved vesting tentative large lot and small lot maps (VTM7 -08 and VTM28-05).
10. The owners, developers and/or successors -in-interest shall dedicate and improve Otto Drive from its western termination northwest to the proposed Mosher Slough Bridge crossing to provide a four-lane arterial roadway, including full frontage improvements.
11. The owners, developers and/or successors -in-interest shall disclose to all future home buyers in this development that Trinity Parkway will be extended with a bridge crossing over Mosher Slough to Hammer Lane/Shima Tract to the south. The owners, developers and/or successors -in-interest shall install and maintain a future facilities sign at the Trinity Parkway/Otto Drive intersection. The size, text and l ocation of the sign shall be approved by the Community Development Director at the time of the construction of the above -referenced bridge.
12. The owners, developers and successors -in-interest (ODS) shall prepare a design, obtain all applicable permits and dedicate to the City all real property within the project area required for right-of-way and construction of the four-lane Mosher Slough bridge crossing, including the extension of utilities, and attendant improvements for the four-lane connection of Otto Drive between the Delta Cove project area and Shima Tract to the west, including the extension of utilities, prior to recordation of any final map containing lots abutting Otto Drive, between Mosher Slough and Street 5 (as identified in the Delta Cove Planned Development). Prior to preparing the design, the ODS shall notify the City of whether sufficient land west of the Mosher Slough for the bridge and associated connection to Shima Tract has been acquired or the ODS has entered into agreements to acquire same. If insufficient land has been acquired and the ODS demonstrates they have made reasonable efforts to acquire the land, then the EXHIBIT 1 - Draft Development Agreement
260
City shall follow the procedure provided for in the state Subdivision Map Act and either proceed with acquisition in accordance with the City's Public Facilities Fee program or otherwise waive necessary provisions of the condition.
13. The owners, developers and/or successors -in-interest shall disclose to all future home buyers in this development that Otto Drive wil l be extended with a bridge crossing over Mosher Slough to Shima Tract to the west. The owners, developers and/or successors -in-interest shall install and maintain a future facilities sign at the Otto Drive and westernmost street intersection shown in the Planned Development. The size, text and location of the sign shall be approved by the Community Development Director at the time of the construction of the above-referenced bridge.
14. The owners, developers and/or successors -in-interest shall provide a minimum 50-foot to 80-foot maintenance access easement from the toe of levee for flood control as required by Reclamation District 2126, San Joaquin County Flood Control and State of California Department of Water Resources and as shown in the Planned Development.
15. The owners, developers and/or successors -in-interest shall be responsible for 100% of the design and construction costs of on-site roadway and intersection improvements and roadway extensions, and public utilities identified on the vesting tentative map and/or included all applicable mitigation measures in the Addendum (P15-0500) to the previously -certified project Environmental Impact Report (EIR11-05). Improvements include but are not limited to all sewer, water, and storm drain lines, tra ffic signals, street lighting, street paving, curb, gutter, sidewalk and landscaping. If any of the above said improvements are included in the calculations for the Public Facilities Fee (PFF) Program adopted by the City Council, and the owners, developers and/or successors in-interest pays said fees at the established time of collection, the owners, developers and/or successors - in-interest may construct and request reimbursement for said constructed improvement(s) as long as the improvement(s) is included in the calculation of the above referenced fee, the requested reimbursement is in accordance with adopted Guidelines for the above referenced fee, and the reimbursement requested does not exceed the cost identified for the said improvements(s) included in the calculation of the above referenced fee. However, should the extent of identified Public Facilities Fee (PFF) improvements be revised, all or part of the Public Facilities Fee (PFF) Program repealed or suspended, or for other reasons/actions the improvements become ineligible under Public Facilities Fee (PFF) program in effect at the time of development, the owners, developers and/or successors-in-interest shall be responsible for payment of their proportionate share of the cost of said improvements at the time of the issuance of building permits.
16. Dedicate lots used for private streets as a public utility easement for the proposed public sanitary sewer and waterlines. All gated access shall be identified and conform to City Standards.
EXHIBIT 1 - Draft Development Agreement
261
17. The owners, developers and/or successors -in-interest shall prepare and submit a technical memorandum to be approved by the City identifying traffic calming measures required on-site. Rights-of-way and lot layouts within the vesting tentative map area may n eed to be revised to accommodate traffic calming measures which may include roundabouts, traffic circles, etc.
18. The owners, developers and/or successors -in-interest shall be responsible for design and construction costs and installation of off -site roadway and intersection improvements, including traffic signals, at the following locations as identified in the Existing Plus Approved Project (EPAP) plus Project section in the Addendum (P1 5-0500) to the previou sly-certified project Environmental Impact Report (EIR 11-05)
Otto Drive/Trinity Parkway
Otto Drive/Mariners Drive
Mariners Drive/Whitewater Lane
Mariners Drive/Biackswain Place
Mariners Drive/Sturgeon Road
Eight Mile Road/1-5 Northbound Ramps
Hammer Lane/Mariners Drive
Hammer Lane/Pershing Avenue
The ODS 7 install the identified improvements either 1) when determined to be necessary by the Community Development Director (based on the review of the required biennial traffic analysis) or 2) prior to the issuance of the 1,150 th residential building permit, whichever occurs first.
19. Prior to recordation of any part of the Vesting Tentative Large Lot Map as a small lot Final Map (Parcel Map/Subdivision Map), the owners, developers and/or successors-in-interest shall enter i nto a Master Agreement to identify the timing/phasing of improvements and provide for appropriate improvement securities. Developer shall be entitled to employ Large Lot Maps for the purpose of subdividing the project into parcels for the purpose of phasing, leasing, financing or sale.
20. The owners, developers and/or successors-in-interest shall be responsible for their proportionate share of design and construction costs for the improvements, based on traffic loadings, to reduce the significance of t he cumulative impacts at the following intersections as identified in the Future 20 35 Plus Project section in the Addendum (P15-0500) to the previously-certified project Environmental Impact Report (EIR 11-05) :
Eight Mile Road/1-5 Southbound and Northbound Ramps
Otto Drive/Trinity Parkway
Hammer Lane/Mariners Drive
Hammer Lane/Kelley Drive
EXHIBIT 1 - Draft Development Agreement
262
Hammer Lane/1-5 Southbound and Northbound Ramps
Hammer Lane/Pershing Avenue
21. The owners, developers and/or successors -in-interest shall dedicate and construct bus turn -outs and shelters along Trinity Parkway, Otto Drive, and any other location as required by the Community Development Director in consultation with the San Joaquin Regional Transit District, in conformance with City Standards.
Rights-of-way and lot layouts within the tentative map area may need to be revised to accommodate required locations for bus turn-outs and shelters.
22. The owners, developers and/or successors-in-interest shall be responsible to pay for their proportionate share of all project related off-site street/traffic circulation improvements needed to mitigate the project's cumulative off-site impacts. If any of the above said improvements are included in the calculations for the Public Facilities Fee (PFF) Program adopted by t he City Council, and the owners, developers and/or successors-in-interest pays said fees at the established time of collection, the owners, developers and/or successors-in -interest may construct and request reimbursement for said constructed improvement(s ) as long as the improvement(s) is included in the calculation of the above referenced fee, the requested reimbursement is in accordance with adopted Guidelines for the above referenced fee and the reimbursement requested does not exceed the cost identified for the said improvement(s) included in the calculation of the above referenced fee. However, should the extent of identified the Public Facilities Fee (PFF) improvements be revised, all or part of the Public Facilities Fee (PFF) Program repealed or susp ended, or for other reasons/actions the improvements become ineligible under the Public Facilities Fee (PFF) program in effect at the time of development, the owners, developers and/or successors -in-interest shall be responsible for payment of their propor tionate share of the cost of said improvements at the time of the issuance of building permits.
23. Provide appropriately sized utilities, including natural gas and three -phase electrical power to all City-owned and maintained facilities.
24. Deed notifications shall be recorded against all properties adjoining Bear Creek and Mosher Slough disclosing the potential for levee seepage and potential "standing groundwater" issues. Further, the owners, developers and/or successors- in-interest shall disclo se to all future home buyers in this development that there will be a paved Class 1 bicycle/pedestrian path on the crown of the Bear Creek/Mosher Slough levees.
25. The owners, developers and/or successors-in-interest shall abandon any public utilities and public utility easements not required for this development prior to the recordation of a final map.
26. The owners, developers and/or successors -in-interest shall provide a Traffic Calming Device Plan and a Master Striping Plan. The Master Striping Plan shall be prepared for the roadway network that shall include all striping/lane geometries, EXHIBIT 1 - Draft Development Agreement
263
and fiber optic cable interconnects of all traffic signals for the ultimate design. Said Master Striping Plan shall identify how new or widened streets transition at match points with existing streets, which may affect Right-of-Way requirements and shall be approved by t he Community Development Director prior to approval of improvement plans or any final map.
27. Trinity Parkway, at the future crossing of Mosher Slough, shall be temporarily terminated to the satisfaction of the Community Development Director.
28. Otto Drive, at the identified western terminus of the subdivision, shall be temporarily terminated to the satisfaction of the Community Development Director.
29. The owners, developers and/or successors -in-interest shall dedicate access rights to the City of Stockton along the following streets:
a. Trinity Parkway, entire length, except at the intersection with Otto Drive. b. Otto Drive, entire length, except at identified access openings in the Planned Development.
The City reserves the right to request additional access rights to be dedicated to the City of Stockton on any future submission of a small lot tentative map.
30. The owners, developers and/or successors -in-interest shall provide Flood Control access along the levees as required by the San Jo aquin County Flood Control and State of California Department of Water Resources.
31. The owners, developers and/or successors -in-interest shall design and construct the ultimate roadway improvements along (APN's 071 -170-02, 04, and 05) for Trinity Parkway and Otto Drive as part of this project.
32. The owners, developers and/or successors-in-interest shall participate in any applicable Transportation Systems Management (TSM) programs established by the City of Stockton and pay their proportionate share of the cost to provide an appropriate area for a park and ride facility.
33. The owners, developers and/or successors -in-interest shall design and dedicate right-of-way for Trinity Parkway from the existing street termination south of the Bear Creek bridge crossing to a future bridge crossing of Mosher Slough, in order to provide a four -lane arterial roadway, including full frontage improvements (the "Trinity Parkway Extension"). The ODS shall improve the westerly one -half of the Trinity Parkway Exten sion, which may include additional lane transitions and tapers, from the existing street termination south of the Bear Creek bridge crossing to Otto Drive, prior to recordation of the first small lot final map. The ODS shall improve the easterly one -half o f the Trinity Parkway Extension, including full frontage improvements, from the existing street termination south of the Bear Creek bridge crossing to Otto Drive, either: 1) when determined to be necessary by the Community Development Director (based on the review of the required biennial EXHIBIT 1 - Draft Development Agreement
264
traffic analysis) or 2) prior to the issuance of the 1,150th residential building permit, whichever occurs first. *
34. The owners, developers and/or successors-in-interest shall design and obtain all applic able permits for the improvement of the four -lane Trinity Parkway Extension between Mosher Slough Bridge and Hammer Lane, including the Mosher Slough Bridge crossing, frontage improvements and all utility extensions. Prior to issuance of the 1,150th residential building permit. The ODS shall construct: 1) the westerly one -half of the Trinity Parkway Extension, including frontage improvements and utility extensions from Otto Drive to the Mosher Slough bridge crossing; 2) the four lane Mosher Slough Bridge crossing and utility extensions; and 3) the westerly one - half of the Trinity Parkway Extension, including utility extensions, from the Mosher Slough bridge crossing to Hammer Lane, either: 1) when determined to be necessary by the Community Development Director (based on the review of the required traffic analysis) or 2) prior to issuance of the 1 ,390th residential building permit, whichever occurs first. Prior to preparing the design, the ODS shall notify the City of whether sufficient land south of the Mo sher Slough for the bridge and associated connection to the westerly end of Hammer Lane has been acquired or the ODS has entered into agreements to acquire same. If insufficient land has been acquired and the ODS demonstrates they have made reasonable effo rts to acquire the land, then the City shall follow the procedure provided for in the state Subdivision Map Act and either proceed with acquisition in accordance with the City's Public Facilities Fee program or otherwise waive necessary provisions of the c ondition. By providing this notice and the demonstration of reasonable effort to the City with the time allowed by this condition, the project will continue to be eligible for building permits.*
35. The owners, developers and/or successors-in-interest shall prepare a Project Report, Environmental Document and Final Design, as required by Caltrans, for the reconstruction of the Eight Mile Road/Interstate 5 interchange to reduce the significance of the project impacts as identified in Addendum (P15-0500) to the previously-certified project Environmental Impact Report (EIR 11 -05) and Addendum for this project. The timing for this requirement will occur either: 1) when determined to be necessary by the Community Development Director (based on the review of t he required biennial traffic analysis) or 2) prior to issuance of the 1 ,390th residential building permit, whichever occurs first.*
36. Should the City elect not to complete, the owners, developers and/or successors-in-interest shall prepare or cause to be prepared a Project Report, Environmental Document and Final Design, as required by Caltrans, for the reconstruction of the Hammer Lane/Interstate 5 Interchange to reduce the significance of the project impacts as identified in the Addendum (P15-0500) to the previously-certified project Environmental Impact Report (EIR11 -05) and Addendum for this project. Construction of the identified interchange improvements shall commence prior to issuance of the building permit that contains the 2700 th Dwelling Unit (DU) from the combined development of Delta Cove (Atlas Tract) and Sanctuary (Shima Tract). *
EXHIBIT 1 - Draft Development Agreement
265
37. Should the City elect not to complete, the owners, developers and/or successors-in-interest shall prepare or cause to be prepared a Project Report, Environmental Document and Final Design, as required by CAL TRANS, for the construction of the Otto Drive/Interstate 5 Interchange to reduce the significance of the project impacts as identified in the Addendum (P15-0500) to the previously - certified project Environmental Impact Report (EIR 11 -05) and Addendum for this project. The owners, developers and/or successors -in-interest shall pay their proportionate share, based on traffic loadings, of the construction of the identified improvements. Should the Hammer Lane/I nterstate 5 Interchange improvements not be constructed within the identified level of development, the owners, developers and/or successors -in-interest shall commence construction of the identified Otto Drive/Interstate 5 Interchange improvements prior to issuance of the building permit that contains the 2700 th Dwelling Unit (DU) from the combined development of Delta Cove (Atlas Tract), and Sanctuary (Shima Tract).*
38. The owners, developers and/or successors -in-interest shall pay their proportionate share to cover the costs for a Project Report, Environmental Document, and Final Design, as required by Caltrans, and for the construction of necessary improvements described in the Project Report for the Interstate 5 mainline system and Gateway/Interstate 5 Interchange to provide a level-of-service that conforms with State Urban Highway Standards.*
City Attorney
39. The owners, developers and/or successors -in-interest shall be responsible for the City's legal and administrative costs associated with def ending any legal challenge of the approvals for this project or its related environmental documents.
40. Pursuant to the 2040 General Plan Action Item CH -5.1B, the applicant shall implement all applicable best management practices (BMPs) and construction measures for compliance with the City’s adopted Climate Action Plan (CAP) for reduction of greenhouse gas emissions (GHG). This includes all pre -construction, construction, and ongoing operations as identified by the CAP. The CAP terms and conditions shall survive recordation of the small lot Final Map or Maps relative to the Vesting Tentative Map.
Municipal Utilities Department
41. The owners, developers a nd/or successors-in-interest shall provide permanent rights-of-way for and construct all on-site and off-site water, storm, non-potable water, and sanitary sewer facilities as designed and shown on the accepted improvement plans for the development. Any re imbursement costs for oversizing shall be determined in accordance with the Stockton Municipal Code.
42. The owners, developers and/or successors-in-interest shall prepare and submit master water, storm, sanitary sewer and non -potable water plans f or this project, EXHIBIT 1 - Draft Development Agreement
266
subject to approval by the Municipal Utilities Director and prior to the approval of any improvement plans. These master utility plans must identify future extensions to adjacent property.
43. All utilities shall be extended in bridge crossings over Mosher Slough and Bear Creek.
Water
44. The owners, developers and/or successors-in-interest shall prepare and submit, acceptable to the Director of Municipal Utilities, an Integrated Water Management Plan.
45. The owners, developers and/or successors -in-interest shall conduct a water system analysis, acceptable to the Director of Municipal Utilities, that demonstrates that the water system improvements to be constructed within the Ci ty of Stockton water service area are sufficient to meet the following conditions (use a Hazen - Williams Coefficient of 11 0):
For ultimate build-out of the subdivision:
c. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells operating within the subdivision, the internal water system improvements shall be sized to provide at least 40 psi pressure at any location during the period of peak hour demand (peak hour demands shall be calculated at 175% of maximum daily demands),
d. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells operating within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand (maximum day demands shall be calculated at 210% of the average day demands) combined with a fire flow (refer to table for fire flow demands) out of any fire hydrant in the subdivision.
For phased developments of units within a subdivision (interim development):
e. With a given system pressure of 45 psi at the existing points of connection to the City water system and no wells operating within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand combined with a fire flow of 1,500 gpm out of any fire hydrant in the EXHIBIT 1 - Draft Development Agreement
267
subdivision (maximum day demands shall be calculated at 210% of the average day demands).
Stormwater
46. The owners, developers and/or successors-in-interest shall form a maintenance assessment district, acceptable to the City of Stockton, which includes all necessary assessments to fund the operation, maintenance, repair, and replacement of the Project's Stormwater Quality Control Criteria Plan treatment devices. In addition, the owners, developers and/or successors-in-interest shall be responsible for the costs of forming the assessment district, including but not limited to the city -selected Assessment District Counsel, Engineer's Report, Proposition 218 vote, and noticing requirements.
47. The owners, developers and/or successors -in-interest will be required to obtain all necessary permits and shall meet all requirements established by the City of Stockton, San Joaquin County Flood Control and Water Conservation District prior to discharge to Mosher Slough.
48. The owners, developers and/or successors-in-interest shall dedicate in fee title to the City of St ockton, a 0.5 -acre parcel in size containing the storm drainage pump station.
Non-potable Water
49. The owners, developers and/or successors -in-interest shall prepare a master plan for the non -potable irrigation system for the withdrawal and use of no npotable water from the Project storm basins, Mosher Slough, Bear Creek, and/or other identified water sources. The master plan shall be subject to the approval of the Municipal Utilities Director. The system will consist of an intake structures, interconnections between storm basins, basins, bulkheads, pumps, non-potable water mains, etc. that would distribute non-potable water to parks, open space, streetscape, landscaping, and landscaped medians within the Project area.
50. The owners, developers and/ or successors-in-interest shall design, construct, own, and operate a permanent dewatering and groundwater discharge system to mitigate the high groundwater levels on the Project site. The owners, developers and/or successors -in-interest shall prepare Mast er Plans for the construction of a permanent dewatering system to mitigate the high groundwater levels on the Project site. Said Master Plans shall be subject to the approval of the Municipal Utilities Director. The maintenance entity, approved by the City , shall be established, and be responsible for establishing a funding mechanism for the design, permitting, construction, operation, maintenance, and repair of the approved system, prior to the recordation of any fin al map. The collection system shall be privately owned and maintained.
EXHIBIT 1 - Draft Development Agreement
268
51. The owners, developers and/or successors-in-interest shall design and construct the non -potable water infrastructure and appurtenances to the satisfaction of the Director of Municipal Utilities. The non -potable system will be dedicated to the City and system operation will be provided by the City with financing provided by an assessment district. Prior to recordation of any final map, the owners, developers and/or successors -in-interest shall establish an assessment d istrict, subject to approval of the City, to provide funding for the operation, maintenance, repair, and replacement of project's non -potable water system improvements, including but not limited to the pump stations, wet well and distribution systems. The non-potable irrigation system shall be constructed with each individual unit and the initial system shall be operational after the issuance of the 150th building permit or not more than two years after the recordation of any final map, whichever comes firs t". In addition, the owners, developers and/or successors-in interest shall be responsible for the costs of forming the assessment district, including but not limited to the city -selected Assessment District Counsel, Engineer's Report, Proposition 218 vote , and noticing requirements.
52. The owners, developers and/or successors -in-interest shall provide adequate room for a levee seepage collection system at the toe of the levee. This system must collect and convey levee seepage water to the public storm drainage system. The owners, developers and/or successors-in-interest shall design, construct, and operate the levee seepage collection system. The collection system shall be privately owned and maintained. The point-of-connection to the public storm drainage system shall be at a storm drainage maintenance hole, located in the public-right-of-way. The owners, developers and/or successors -in-interest shall prepare a master plan for the construction of levee seepage collection system. Said master plans shall be subject to the approval of the Mu nicipal Utilities Director and the City Engineer. Prior to the recordation of any final map, the owners, developers, and/or successors-in-interest or an entity approved by the City shall be established to fund the operation and maintenance of the approved system.
53. The owners, Developers and/or successors-in-interest shall dedicate an easement to the City of Stockton for the non-potable booster pump station.
Fire Department
54. When infrastructure development and construction begins, there shall be a minimum of two (2) Fire Department access routes into the Delta Cove project designed and maintained to meet City of Stockton standards. The first Fire Department access point will be established at Otto Drive. The second Fire Department access will be required at Trinity Parkway and the new Bear Creek Bridge.
Central Valley Flood Projection Board
55. The owners, developers and/or successors-in-interest shall be required to obtain all necessary permits from the Federal, State, County, City and/or Central Valley Flood EXHIBIT 1 - Draft Development Agreement
269
Protection Board prior to the repair and rehabilitation of the levees and the relocation of the dry-land levee in conjunction with the Trinity parkway Phase II ext ension in the Delta Cove Project.
56. The owners, developers and/or successors -in-interest shall implement a Traffic Monitoring Plan, as outlined in the Fehr & Peers Memorandum "Delta Cove Transportation Mitigation Phasing Assessment" (dated September 18, 2017) and submit the resulting traffic analysis to the City for review on a biennial basis commencing within six months after the completion of the Trinity Parkway Extension to Otto Drive and the opening of the roadway to through traffic.
* Improvemen ts herein identified by an asterisk (*) may be included in the calculations for the current or proposed Public Facilities Fee (PFF) Program. If any of the improvements are included in the calculations for the Public Facilities Fee Program (PFF) adopted by the City Council, and the owners, developers and/or successors-in-interest pays said fees at the established time of collection, the owners, developers and/or successors -in-interest may construct and request reimbursement for said constructed improvement(s) as long as the improvement(s) is Included in the calculation of the above referenced fee, the requested reimbursement Is in accordance with adopted Guidelines for the above referenced fee and the reimbursement requested does not exceed the cost Identifie d for the said improvement(s) Included In the calculation of the above referenced fee.
However, should the extent of identified the Public Facilities Fee (PFF) improvements be revised, all or part of the Public Facilities Fee (PFF) Program repealed or susp ended, or for other reasons/actions the improvements become ineligible under the Public Facilities Fee (PFF) program in effect at the time of development, the owners, developers and/or successors -In-interest shall be responsible for payment of their propor tionate share of the cost of said Improvements.
57. The ODS shall annex into and comply with all requirements of the Citywide Service and Maint enance Community Facili ty District (CFD), in accordance with the City Council adopted resolution 2018-07-17-1301.
EXHIBIT 1 - Draft Development Agreement
270
EXHIBIT E
FORM ASSIGNMENT AND
ASSUMPTION AGREEMENT
City of Stockton )
425 N. El Dorado St, 1st
Floor
)
Stockton , CA 95202 )
Attention: City Clerk )
Record for the Benefit of )
The City of Stockton )
Pursuant to Government
Code
)
Section 27383 )
(Space Above This Line for Recorder’s Use Only)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“ Ass ignment Agreement”) is entered into as of the ______ day _____________of __________, 20__, by and among __________________________, a ________________________ (“ Assignor”), _____________________________, a _______________ (“Assignee”), and the City of Stockton, a municipal corporation (“City”).
R E C I T A L S
A. Assignor has entered into a Development Agreement with City effective _______________ (R
ecorder’s Document No. ) (“Development Agreement”), to facilitate the development and use of that certain real property consisting of approximately acres within the City of Stockton, County of San Joaquin, State of California, which is legally described in Exhibit A to the Development Agreement and shown on the map attached to the Development Agreement as Exhibit B (“Site”). Capitalized terms used but not other wise defined herein shall have the meaning ascribed to such terms in the Development Agreement.
B. Assignor is the fee owner of the Site, [a portion of which is] designated as APNs _______________, mor
e particularly described in Attachment 1 attached hereto and incorporated herein (“Property”).
C. Assignor desires to transfer its interest in the Property to Assignee concurrently with execution of this Assignment Agreement and Assignee desires to so acquire such interest in the Property from Assignor.
D. Article 13 of the Development Agreement provides that Assignor may assign its rights and obligations under the Development Agreement to another party, provided that the EXHIBIT 1 - Draft Development Agreement
271
Assignor shall have provided to City at least thirty (30) days prior written notice and provided that the assignor and the assignee document the assignment in an agreement substantially in the form of this Assignment Agreement.
E. Assignor has provided the required written notice to City of its intent to enter into an assignment and assumption agreement as required by Section 13.2 of the Development Agreement.
F. Assignor desires to assign to Assignee and Assignee desires to assume all rights and obligations of Assignor under the Development Agreement _____________. Upon execution of this Assignment Agreement and transfer to Assignee of legal title to the Property, Assignor desires to be released from any and all obligations under the Development Agreement with respect to the Property.
A G R E E M E N T
NOW, THEREFORE, Assignor, Assignee and City hereby agree as follows:
1. Assignment by Assignor. Assignor hereby assigns, transfers and grants to Assignee, and its successors and assigns, all of Assignor’s rights, title and interest and obligations, duties, responsibilities, conditions, and restrictions under the Development Agreement with respect to the Property (collectively, “Rights and Obligations”).
2. Acceptance and Assumption by Assignee. Assignee, for itself and its successors and assigns, hereby accepts such assignment, and assumes all such Rights and Obligations, whether accruing before or on or after t he Assignment Agreement Effective Date (defined in Section 16 below). Assignee agrees, expressly for the benefit of City, to comply with, perform and execute all of the Rights and Obligations of Developer with respect to the Property arising from or under the Development Agreement.
3. Release of Assignor . As
signee and City hereby fully release Assignor from all
Rights and Obligations. Both Assignor and Assignee acknowledge that this Assignment Agreement is intended to fully assign all of Assignor’s Rights and Obligations to Assignee, and it is expressly understood that Assignor shall not retain any Rights and Obligations whatsoever with respect to the Property.
4. Substitution of Assignor. Assignee hereafter shall be substituted for and replace Assignor in the Development Agreement with respect to the Property. Whenever the term “Developer” appears in the Development Agreement with respect to the Property, it shall hereafter mean Assignee.
5. Assignor and Assignee Agreements, Indemnifications and Waivers.
a. Assignee represents and warrants to City as follows:
EXHIBIT 1 - Draft Development Agreement
272
(i) Assignee is a ____________ duly formed within and in good standing under the laws of the State of ________________. The copies of the documents evidencing the formation of Assignee, which have been delivered to City, are true and complete copies of the originals, as amended to the date of this Assignment Agreement. Assignee has full right, power, and lawful authority to undertake all obligations as provided herein and the execution, performance and delivery of this Assignment Agreement by Assignee has been fully authorized by all requisite actions on the part of Assignee.
(ii) Assignee’s execution, delivery, and performance of its obligations under this Assignment Agreement will not constitute a default or a breach under any contract, agreement or order to which Assignee is a party or by which it is bound.
(iii) Assignee has not (a) made a general assignment for the benefit of creditors, (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Assignee’s creditors, ( c) suffered the appointment of a receiver to take possession of all, or substantially all, of Assignee’s assets, ( d) suffered the attachment or other judicial seizure of all, or substantially all, of Assignee’s assets, (e) admitted in writing its inability to pay its debts as they come due, or ( f) made an offer of settlement, extension or composition to its creditors generally.
(iv) As of the Assignment Agreement Effective Date, Assignee will own fee simple title to the Property.
b. Assignor and Assignee hereby acknowledge and agree that the City has not made, and will not make, any representation or warranty that the assignment and assumption of the Development Agreement provided for hereunder will have any particular tax implications for Assignor or Assignee.
c. Assignor and Assignee each hereby waives and releases and each hereby agrees to indemnify and hold City harmless from any and all damages, liabilities, causes of action, claims or potential claims against City (including attorneys’ fees and costs) arising out of this Assignment Agreement.
d. Assignor acknowledges and agrees that the Rights and Obligations with respect to the Property have been fully assigned to Assignee by this Assignment Agreement and, accordingly, that Assignee shall have the exclusive right to assert any claims against City with respect to such Rights and Obligations. Accordingly, without limiting any claims of Assignee under the Development Agreement, Assignor hereby waives any claims or potential claims by Assignor against City to the extent arising solely out of the Rights and Obligations with respect to the Property.
6. Development Agreement in Full Force and Effect. Except as specifically provided herein with respect to the assignment, all the terms, covenants, conditions, and provisions of the Development Agreement are hereby ratified and shall remain in full force and effect.
EXHIBIT 1 - Draft Development Agreement
273
7. Recording. Assignor shall cause this Assignment Agreement to be recorded in the Official Records of San Joaquin County, California, and shall promptly provide conformed copies of the recorded Assignment Agreement to Assignee and City.
8. Successors and Assigns. Subject to the restrictions on transfer set forth in the Development Agreement, all of the terms, covenants, conditions, and provisions of this Assignment Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns, pursuant to Article 13 and Section 15.2 of the Development Agreement.
9. Assignee Address for Notices. The a
ddress of Assignee for the purpose of notices,
demands and communications under Section 15.3 of the Development Agreement shall be:
Attention:
Telephone:
With a copy to:
Attention:
Telephone:
10. Applicable Law/Venue. This Assignment Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to its choice of law provisions. Any legal actions under this Assignment Agreement shall be brought only in the Superior Court of the County of San Joaquin State of California.
11. Interpretation. All parties have been represented by counsel in the preparation and negotiation of this Assignment Agreement and this Assignment Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Assignment Agreement. Unless the context clearly requires otherwise: (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.
12. Headings. Sec
tion headings in this Assignment Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Assignment Agreement.
13. Severability. Exce
pt as otherwise provided herein, if any provision(s) of this Assignment Agreement is (are) held invalid, the remainder of this Assignment Agreement shall EXHIBIT 1 - Draft Development Agreement
274
not be affected, except as necessarily required by the invalid provisions, and shall remain in full force and effect unless amended or modified by mutual consent of the parties.
14. Counterparts. Thi
s Assignment Agreement may be executed in one or more
counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument, with the same effect as if all of the parties to this Assignment Agreement had executed the same counterpart.
15. City Consent. City is executing this Assignment Agreement for the limited purpose of consenting to the assignment and assumption and clarifying that there is privity of contract between City, on the one hand, and Assignee on the other, with respect to the Development Agreement.
16. Effective Date. The Effective Date of this Assignment Agreement shall be the date upon which Assignee obtains fee title to or a ground lease for the Property and Assignor delivers evidence of the transfer to City (“ Assignment Agreement Effective Date ”). For the purposes of this Section, the evidence of transfer shall consist of a duly recorded deed or ground lease, and title report.
IN W
ITNESS WHEREOF, Assignor, Assignee and City have entered into this Assignment Agreement as of the date first above written.
ASSIGNOR
___________________________________, a
___________________________________
By: ________________________________
Name: ______________________________
Its: _________________________________
[Signature must be notarized]
By: ________________________________
Name: ______________________________
Its: _________________________________
[Signature must be notarized]
ASSIGNEE
___________________________________, a
___________________________________
By: ________________________________
Name: ______________________________
Its: _________________________________
[Signature must be notarized]
EXHIBIT 1 - Draft Development Agreement
275
By: ________________________________
Name: ______________________________
Its: _________________________________
[Signature must be notarized]
CITY
CITY OF STOCKTON, a municipal corporation
By:_________________________________
________________________, City Manager
[Signature must be notarized]
ATTEST:
By:___________________________________
________________________, City Clerk
APPROVED AS TO FORM:
By:___________________________________
_________________________, City Attorney
EXHIBIT 1 - Draft Development Agreement
276
Delta Cove
Development Agreement
Stockton City Council
Agenda Item 16.1
November 1, 2022
277
Location
Three vacant parcels totaling 360-acres located at the
Terminus Trinity Parkway, west of I-5 and south of Park West Place Center
278
Background
• October 19, 2010, the “Delta Cove” Project (P09-160)
development entitlements approved
– Planned Development Permit
– Large Lot Vesting Tentative Subdivision Map
• The project includes:
– 1,545 single-family units
– 280 condominium units
– Neighborhood commercial uses
– Parks and open space
• Subdivision Map extensions have since
been approved to avoid project expiration
279
Delta Cove Summary
280
Delta Cove Context
Westlake
Project
Spanos Business ParkCrystal Bay Project
Sanctuary Project
Delta Cove
Project
281
Development Agreement
• Requesting Development Agreement (DA) to
keep the project approval active
• Does not change any of the obligations or conditions
of approval for the Project
• Allows a 15-year initial term
• May be extended another 5-years
– Final Map must be completed with construction commencing or a phasing plan approved by the City
• Future construction of the Project must comply with
Planned Development, Municipal Code, and current
fee schedule standards
282
Conclusion
• The project provides numerous benefits to the
City through new housing, residents, jobs,
parks, and infrastructure
• The DA does not change any of the project
approvals, conditions, or mitigation measures
• Future construction requires City review for
design and building permits
• September 22, 2022, the Stockton
Planning Commission voted recommending
approval
283
Recommendations
Staff recommends the City Council:
Find no further environmental review is
needed for the DA; and
Adopt an Ordinance to approve a new
Development Agreement for the
approved Delta Cove Project
284
City of Stockton
Legislation Text
File #: 22-1068, Version: 1
COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES
RECOMMENDATION
Information item only. No action required.
City of Stockton Printed on 10/28/2022Page 1 of 1
powered by Legistar™
285
286
287
288
289
290
291
292
293
294
295
296