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05-12-2015 - Agenda PacketPlanning Commission Regular Meeting City of Dublin May 12, 2015 City Council Chambers 7:00 P.M. 100 Civic Plaza 1. CALL TO ORDER & ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ADDITIONS OR REVISIONS TO THE AGENDA 4. MINUTES OF PREVIOUS MEETINGS – February 10, 2015 5. ORAL COMMUNICATION - At this time, members of the public may address the Planning Commission on any non-agendized item(s) of interest to the public. In accordance with State Law, no action or discussion may take place on any item not appearing on the Planning Commission agenda. The Planning Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the Assistant Community Development Director regarding proper procedure to place an item on a future Planning Commission agenda. 6. CONSENT CALENDAR 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 Amendments to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and the Dublin Crossing Development Agreement (PLPA-2015-00016) 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS: Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 11. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5 If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability -related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less than 72 hours prior to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Depart ment. (OVER FOR PROCEDURE SUMMARY) ((or DUB�i� L� STAFF REPORT i9 �-v,sz PLANNING COMMISSION ,kirov--) DATE: May 12, 2015 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2015-00016 - Amendments to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and the Dublin Crossing Development Agreement. Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council has initiated a General Plan and Specific Plan Amendment study with the intent of making changes to the approved Dublin Crossing project in order to facilitate the acquisition of a 12-acre school site that can be used by both the City and the School District. In order to effectuate these changes, the Planning Commission will consider amendments to the General Plan and Dublin Crossing Specific Plan to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density Residential"; and 3) Allow use of the site designated "School" for both school and park purposes. The project will also involve modifications to the Dublin Crossing Development Agreement, a minor technical amendment to the Eastern Dublin Specific Plan boundary to be consistent with the Dublin Crossing Specific Plan boundary, and consideration of a CEQA Addendum. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt the following Resolutions: a) Recommending City Council adoption of a CEQA Addendum for Amendments to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and Development Agreement related to the Dublin Crossing Project; b) Recommending that the City Council adopt a Resolution amending the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project; c) Recommending that the City Council adopt an Ordinance approving Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project. Submitted By: Reviewed By: VIII M . -. i Kristi Bascom Jeff er Principal Planner Assistant Com •unity Development Director COPY TO: File ITEM NO.: 8.1 Page 1 of 6 G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtgIPCSR 5.12.15.docx DESCRIPTION Backqround The Dublin Crossing project site includes approximately 189 acres of land that are divided between the following property owners: 139 acres owned by the United States Army, 8.7 acres owned by the Alameda County Surplus Property Authority, and approximately 41.9 acres owned by Dublin Crossing Venture LLC. The project area is shown below. Figure 1: Vicinity Map � .� � �� �-. ��� - -0 , �Sy`f ���a �, . �q � �� _ _° „�* >, �.� . ,� � � �� . w ix After several years of planning, analysis, and negotiations, on November 5, 2013, the City Council approved the Dublin Crossing Specific Plan (DCSP) and associated implementation actions. The Specific Plan outlined the future development of the project area, which includes demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre school site to serve approximately 900 students. The Land Plan approved with the Specific Plan is included as Attachment 1 In addition to the DCSP, amendments were approved to the General Plan, the Dublin Zoning Ordinance, and Zoning Map to implement the Specific Plan. The project approvals also included the certification of the Dublin Crossing Final Environmental Impact Report (EIR). The approval actions by the City Council were formalized in Resolutions 186-13 (EIR certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07- 13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement approval). 2 of 6 ���.,��.,:.�.�-�,�. ,�.�. . , ���,.�,,�,,.��,��,�,� . The Dublin Crossing project includes a 12-acre school site that the Dublin Unified School District (DUSD) intends to use for a future school that can accommodate up to 900 students. However, funding for new school construction is extremely limited. Despite the best efforts of our State legislative representative last year, a state ballot measure for school construction was not placed on the November 2014 ballot, and no solutions have been proposed by Governor Brown to bridge the construction funding gap that exists between the resources local districts have to build new facilities and the actual costs to build new schools. The lack of funding support from the State means that local school districts, like DUSD, need to find alternative solutions to the now-broken State model that has funded school construction over the years. Realizing the predicament faced by DUSD, City Staff has been working closely with the Superintendent's office on potential options and ways for the City to assist in bridging the gap between land acquisition costs, the current development impact fee structure set by the State, and the need to provide adequate facilities for existing students and to accommodate future student populations. Due to the nature of the land exchange agreement between the developer, Dublin Crossing Venture LLC (SunCal), and the Department of the Army, it is anticipated that the multi-phased Dublin Crossing project will take 8-12 years to construct. According to the project Phasing Plan and as identified by SunCal, the 12 acre school site is in Phase 3 of the project and should become available in 2017. Unfortunately, based on the Governor's stated position that school construction bond funding will not be authorized by the State, it is unlikely that DUSD will have the ability to acquire the Dublin Crossing school site in the timeframe to meet the needs of the District, especially given a current land value of approximately $36 million. In 2014, City Staff approached SunCal to discuss options for the City to obtain the 12-acre school site in an effort to assist DUSD. After much discussion and negotiation, SunCal and City Staff reached agreement on tentative deal terms that would allow the transfer of the future school site to the City at no cost in exchange for modifications to the entitlements for the Dublin Crossing project. ANALYSIS The proposed changes to the Dublin Crossing Specific Plan and Development Agreement will result in the delivery of the 12 acre school site to the City without increasing the current maximum number of housing units (up to 1,995) allowed in the project or the maximum amount of commercial square footage allowed to be built (up to 200,000 square feet). Additionally, the same amount of parkland will be provided, although the Neighborhood Park will now be a facility that is jointly used by both the community and the School District while the Community Park remains at 30 acres. The following is a description of the land use changes and modifications to the Development Agreement: General Plan and Specific Plan Amendments Under the proposal agreed to by City Staff and SunCal, the Dublin Crossing Specific Plan would be amended to include several land use changes that will financially benefit the Developer and allow them to transfer the school site to the City at no cost, including: 3 of 6 ... ....„. . . ..., ._ .,... . :�.-.��,:.�:��....w...e,�.�:�.��e..�.�. .�.�.,��-..�,...,..�.�.�-�,,M...,�...�-.,.�.�-_.,.>..��,.,•,,.... . ......_, � ,.... . ... ... .... • Modifying the designation of the 12 acre School site to allow both school and park uses. This will allow the playground(s), recreational field(s), and other amenities to be used by both the school community as well as the residential neighborhood. • Incorporating the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres. Although this will allow the Developer more flexibility in where the residential development takes place, the Specific Plan limit of 1,995 residential units will not be exceeded; and • Redesignating the 13 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard to "General Commercial/DC Medium-High Density Residential", thereby removing the requirement for both the 5 acre Neighborhood Park site and a minimum of 75,000 square feet of commercial development on this parcel within the site. Attachment 1 illustrates the revised Conceptual Land Use Plan Minor amendments to the General Plan, as outlined in Exhibit A to Attachment 2, are also needed to ensure consistency with the amended Dublin Crossing Specific Plan. Eastern Dublin Specific Plan Amendments A cleanup item to the Eastern Dublin Specific Plan figures is included, which will ensure that there is consistency on all figures in all documents between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area. The figures being modified are Figure 4.1 (Land Use Plan), Figure 4.2 (Planning Subareas), and Figure 5-3b (Circulation System) A Resolution recommending that the City Council adopt these amendments is included as Attachment 2, with the amendments to the General Plan, Eastern Dublin Specific Plan, and Dublin Crossing Specific Plan included in Exhibit A to Attachment 2 to the Staff Report. Amendment No. 1 to the Dublin Crossinq Development Aqreement Under the proposal agreed to by City Staff and SunCal, the Development Agreement would be amended to: • Remove the requirement to provide construction funding for a 5 acre Neighborhood Park ($2.143 million); • Remove requirement for the final Community Benefit Payment ($1.2 million); and • Include language related to the no-cost transfer of the school site from the Developer to the City. A Resolution recommending that the City Council adopt an Ordinance approving the amendments is included as Attachment 3 with the City Council Ordinance included as Exhibit A to Attachment 3. Amendment No. 1 to the Dublin Crossing Development Agreement is included in Exhibit A-1 to Attachment 3 to this Staff Report. A City-sponsored request to initiate a General Plan and Dublin Crossing Specific Plan amendment to affect the changes notes above was unanimously supported by the City Council on March 17, 2015. City Council Resolution 36-15 is included as Attachment 4 to this Staff report. ENVIRONMENTAL REVIEW The City prepared an Initial Study, dated April 21, 2015, to determine whether the standards for subsequent or supplemental environmental review under CEQA are met, including whether there could be significant environmental impacts occurring as a result of this project that are 4of6 new or substantially more severe than those already addressed in the Dublin Crossing Environmental Impact Report, which was certified by the City Council on November 5, 2013 (via Resolution 186-13). The Initial Study concluded that the proposed project would not have a new or substantially more severe significant effect on the environment than addressed in the certified Dublin Crossing EIR, no significant information has arisen since the certification of the EIR, and no other standards under CEQA that would require further environmental review have been met. Therefore, an Addendum to the EIR was prepared documenting these facts, and is included as Exhibit A-1 to Attachment 5 to this Staff Report. A Resolution recommending that the City Council adopt a CEQA Addendum for the Amendments to the General Plan, Dublin Crossing Specific Plan, Development Agreement Amendment and Eastern Dublin Specific Plan related to the Dublin Crossing Project is included as Attachment 5 with the City Council Resolution attached as Exhibit A to Attachment 5 and a Statement of Overriding Considerations included as Exhibit A-2 to Attachment 5. NOTICING REQUIREMENTS/PUBLIC OUTREACH A notice of this public hearing was published in the Valley Times, mailed to all property owners and tenants within 300 feet of the Specific Plan project area boundaries, and all persons who have expressed an interest in being notified of actions related to this project were notified via email. The Staff Report for this public hearing was also available on the City's website. ATTACHMENTS: 1) Dublin Crossing Conceptual Land Use Plan 2) Resolution Recommending that the City Council adopt a Resolution amending the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project, with the City Council Resolution included as Exhibit A and modifications to the Dublin Crossing Specific Plan included as Exhibit A-1 3) Resolution Recommending that the City Council adopt an Ordinance approving Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project, with the City Council Ordinance included as Exhibit A and Amendment No. 1 to the Development Agreement included as Exhibit A-1. 4) City Council Resolution 36-15. 5) Resolution Recommending City Council adoption of a CEQA Addendum for Amendments to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and Development Agreement related to the Dublin Crossing Project, with the City Council Resolution included as Exhibit A, the Initial Study and Addendum included as Exhibit A-1, and the Statement of Overriding Considerations included as Exhibit A-2. 5 of 6 GENERAL INFORMATION: APPLICANT: City of Dublin PROPERTY OWNERS: United States Army (139 acres), Alameda County Surplus Property Authority (8.7 acres), and Dublin Crossing Venture LLC (41.9 acres) LOCATION: Approximately 189 acres north of Interstate 580 and Dublin Boulevard. The Project site is bound by 5tn Street to the north, Scarlett Drive to the west, Dublin Boulevard to the south, and Arnold Road to the east. APNs 986-0001-001-15 (partial), 986-0034-002-00, and 986-0034-006-00 ZONING: Dublin Crossing Zoning District GENERAL PLAN: Dublin Crossing Specific Plan SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North Ag Public Lands Camp Parks South PD High Density Residential and Residential Apartments Campus Office (Transit Center) East PD Campus Office Business Park PD and Medium-High Density Residential Combination of uses including West Light and Retail/Office, apartments, service Industrial Business Park/Industrial and commercial, and retail uses Outdoor Stora e 6of6 � ' ' ' � . ..� . .. �ci� i�'� � � � p►�. r ��a-��.�....+.�..+j' ��.,.���t � = N S�� :�_► _ � '� QYOl9�Y .. �_._.... 3AItlO v � ....*.,yw a.x—,.�r W «- ---.-_ r.--.� ♦. r� _. .. 1333MY@S' 4= YYK�i r�:n�.�4Ml?°r�r". fY".� R"r. .�.'!� <`1fN _'.�!.Y/�n .�!�Y f*�` , o. + __ ..•— V � L ( t �a g'�`a t ,y Vl � ' �.., �E�1�! :� . 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J �; ���� ��� ATTACHMENT 1 RESOLUTION NO. 15-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE GENERAL PLAN, DUBLIN CROSSING SPECIFIC PLAN, AND EASTERN DUBLIN SPECIFIC PLAN RELATED TO THE DUBLIN CROSSING PROJECT PLPA-2015-00016 (APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00) WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately 189 acres in size and is generally bound by 5t" Street to the north, Scarlett Drive to the west, Dublin Boulevard to the south, and Arnold Road to the east; and WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement approval) that approved the Dublin Crossing project, which included the demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes; and WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also included amendments to the Dublin Crossing Project Development Agreement and minor amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015, incorporated herein by reference, was prepared, which describes the proposed amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan and its relation to the analysis in the Dublin Crossing EIR; and WHEREAS, a Staff Report, dated May 12, 2015 and incorporated herein by reference, described and analyzed the Project, including the amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan, and CEQA Addendum related to the Project, for the Planning Commission; and ATTACHMENT 2 WHEREAS, the Planning Commission held a properly noticed public hearing on the Project on May 12, 2015, at which time all interested parties had the opportunity to be heard; and WHEREAS, on May 12, 2015, the Planning Commission adopted Resolution xx-xx Recommending City Council adoption of a CEQA Addendum for Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve the Resolution attached as Exhibit A approving amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan based on findings, as set forth in Exhibit A, that the amendments are in the public interest, promotes general health, safety and welfare, and that the General Plan as so amended will remain internally consistent. PASSED, APPROVED, AND ADOPTED this 12t" day of May 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 2-PC Reso SP and GPA.docx 2 RESOLUTION NO. �cx-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE GENERAL PLAN, DUBLIN CROSSING SPECIFIC PLAN, AND EASTERN DUBLIN SPECIFIC PLAN RELATED TO THE DUBLIN CROSSING PROJECT PLPA-2015-00016 (APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00) WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately 189 acres in size and is generally bound by 5th Street to the north, Scarlett Drive to the west, Dublin Boulevard to the south, and Arnold Road to the east; and WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement approval) that approved the Dublin Crossing project, which included the demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes; and WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also included amendments to the Dublin Crossing Project Development Agreement and minor amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures befinreen the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015, incorporated herein by reference, was prepared, which describes the proposed amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan and its relation to the analysis in the Dublin Crossing EIR; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project on May 12, 2015, at which time all interested parties had the opportunity to be heard; and � EXHIBIT A TO ATTACHMENT� WHEREAS, on May 12, 2015, the Planning Commission adopted Resolution XX-XX Recommending City Council adoption of a CEQA Addendum for Amendments to the General Plan, Dublin Cros�ing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project, v�✓hich Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on May 12, 2015, the Planning Commission adopted Resolution XX-XX Recommending th�t the City Council adopt a Resolution amending the General PJan, Dublin Crossing Specific F'lan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project, which. resolution is incorporated herein by reference and available for review at City Hall during normal business hc�urs; and WHEREAS, a Staff Report, dated and incorporated herein by reference, described and analyzed the Project, including the amendments to the General Plan, Dublin Crossing Specific f'lan, and Eastern Dublin Specific Plan, and CEQA Addendum related to the Dublin Crossing Project, for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the Project, including the pro�osed General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan amendments, and CEQA Addendum on , 2015, at which time all interested parties had the opportunity to be heard; and WHEREAS, on , 2015, the City Council adopted Resolution �oc-�oc adopting . a CEQA Addendum for Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project and adopting a Statement of Overriding Consid�rations for the Project; and WHEREAS, the City Council considered the CEQA Addendum and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part oi�this resolution. BE IT FURTHER RESOLVED that the City Council finds that the General Plan amendments, as set forth below, are in the public interest, will promote general health, safety and welfare, and that the General Plan as amended will remain internally consistent. The development envisioned by the Dublin Crossing Specific Plan, as amended, will continue to be consistent with the guiding and implementing policies of the General Plan in each of the Elements and will allow for development of mixed-use, commercial, residential, and public facility (parks, school) uses in a key infill development area that is within the service boundaries for utilities, the circ:ulation network, and will provide new connections through the community in an area where the� are currently limited. The development of the Dublin Crossing Specific Plan, as amended, will �ontinue to aid in implementing the goals and policies of the General Plan Land Use Element, Housing Element, Public Lands and Utilities Element, Circulation and Scenic Highways Elemer�t, Community Design and Sustainability Element, and the Economic Development Element. The General Plan amendments noted below will ensure that the implementation of the Dublin Crossing Specific Plan, as amended, is in compliance with the General Plan and t.hat each Element within the General Plan is internally consistent. 2 BE IT FURTHER RESOLVED that the City Councii hereby adopts the following amendments to the General Plan: ' Table 2.4 shall be amended to read: Table 2.4 Land Use Development Potential: Dublin Crossing Planning Area �r � • - � - • � - � • /' �- '� • �- � ' ` � ` � 43.4 6.0-14.0 units/net acre - .- �. r r- n/a � � � 46.5 14.1-25 units/net acre �- - - e �� i. - - - _ �� Up to 1,995 dwelling a o- ' - .- � � 9 � 14.1-25 units/net acre units 5 r- 0.25 to 1.0 FAR 75,000 to 200,000 - _ o - _ � 23� 20.1-60 units/net acre gross square feet �- -� .- � • �� 0.25 to 1.0 FAR .. � 12 !� � � 30 n/a n/a : n/a o,- ._ - • ' � 1.1 n/a Na n/a ... , - . . - n/a - 23.8 n/a n/a . . • . - 18 9 Notes: (1) Net acreage is defined as the gross acreage less backbone street,public street,and right-of-way area. (2) Can have commercial only,mixed-use,or residential-only uses. FAR applies only to commercial uses. (3) The school site may be developed at the Dublin Crossing Medium Density Residential(DC-MDR)use and density if the site is not utilized for school or park purposes and ff the Specific Plan maximum of 1,995 residential units is not exceeded. (4) Park acreage is net usable acres measured from back of sidewalk and includes Chabot Creek. Implementing Policy 8.1 of Section 2.7.7 Dublin Crossing Planning Area shall be amended to read as follows: Concentrate commercial uses near the intersection of Dublin Boulevard and Arnold Road. lmplementing Policy 8.4 of Section 3.2.3 Dublin Crossing P/anning Area shall be amended to read as follows: The alignment of Chabot Creek shall be allowed within the boundaries of Central Park and shall be counted within the 30 net-acre calculation of usable park land in accordance with the Project Development Agreement. While it is within the park boundaries, Chabot Creek shall be owned and maintained by a separate entity that is acceptable to the City. BE IT FURTHER RESOLVED that the City Council hereby adopts amendments to Chapters the Dublin Crossing Specific Plan: Throughout the document references fo the "Bikeways Master Plan"have been changed to "Bicycle and Pedestrian Master Plan." The second paragraph of Chapter 1, Introduction, shall be amended to read: 3 The Specific Plan address the development of the proposed Dublin Crossing Project (the Project) which is comprised of residential units, commercial uses, parks and open space, and an elemeritary school. Specifically, the Project includes a maximum of up to 1,995 residential unif:s, up to 200,000 square feet (sf.) of commercial uses, a 30 net-acre Community Park, Neighborhood Park land, and an elementary school site. Chapter 2, Land Use and Development Standards, shall amended from the beginning of the Chapter through Section 2.6.4, Development Standards for General Commercial/DC High Density Residential (GC/DC HDR) Land Use District (inclusive), and is included as Exhibit A-1 to this Resolution. Section 2.7 of Chapter 2 shall be amended to read as follows: Permitted Uses Table 2-12: PErmitted Uses identifies the statutory permitting/approval requirements for each land use in the Specific Plan area. Where a land use is not identified or this Specific Plan is otherwise silent, provisions identified in the City of Dublin Zoning Ordinance and shall apply. Where there is uncertainty, the Community Development Director has the discretion to make a determination on the suitability of the proposed use. There are som� use types (e.g. Daycare Centers, Community Facilities) that are permitted in all traditional residential and commercial zoning districts throughout the City. Although not specifically list�d, these use types are also permitted through the same permit approval process in all r�sidential and commercial land use districts in this Specific Plan. In addition, those uses that: require a Minor Use Permit in traditional residential and commercial zoning districts throughout the City are also permitted through the same permit approval process in all residential and commercial land use districts in this Specific Plan. Narrative descr�iptions of the respective permitted use categories are described below. In the Park (P) land use district, allowed uses include those that are included in the Park Master Plan for the park site. In the School (5) land use district, allowed uses include those that are typically associated with a public elementary school and public park, including classrooms, a multi-purpose room, administrative offices, and parking. Allowed uses also include multi-use sports field(s) and playground(s) that could be jointly used by the school and the City for Neighborhood Park purposes. Table 2.12 shall be amended to read as follows: Table 2-12: Permitted Uses . - - . . . . -. �- . � . �• . �- -- .- . � �� �- -- .- . -- .- . � �- -- .- . � �- � �- . . - �- - - � Prohibited _ Prohibited Allowed Allowed • - Prohibited Prohibited Allowed Allowed � � � �•• � Prohibited Prohibited Allowed Allowed - - , Prohibited Prohibited: Allowed Allowed 4 • - Prohibited Prohibited Allowed Allowed ... . Prohibited Prohibited CUP/PC' CUP/PC� - . Prohibited Allowed AllowedZ AllowedZ -. - Prohibited Prohibited Allowed - Allowed - .- Allowed Allowed Allowed Allowed � - - Prohibited Prohibited Prohibited Prohibited .. r - . • - . Prohibited Prohibited Prohibited Prohibited � - - II CUP/PC� CUP/PC� CUP/PC' CUP/PC' � . . .� - TUP' TUP' TUP' TUP' The first bullet under the "Convenience Stores"heading of Section 3.4.3, Special Uses and Conditions, of Chapter 3, Design Guidelines shall be amended to read as follows: Convenience Stores . Shall be located along major streets for easy vehicular access and to minimize impacts to residential uses within the Specific Plan area. Section 3.8.2, School, of Chapter 3, Design Guidelines shall be amended to read as follows: School The elementary school will serve as a landmark for the Specific Plan area and will express the overall importance of education and recreational spaces to the Dublin community. School designs are regulated by the State of California and Dublin Unified School District. Such requirements shall take precedent over the requirements of this Specific Plan and the design regulation and guidelines contained herein. However, it is encouraged that the school be designed in a manner that is compatible with the surrounding uses, access is provided from two public streets with careful consideration on circulation patterns for pick-up and drop-off, and opportunities for the City and School District to jointly design and utilize play/sports fields and playground areas are provided. The overall design of the school and associated facilities should be distinct and create a campus feel with similar architectural features, materials, and colors. The third paragraph of Section 4.4.2, East Gateway Plaza, of Chapter 4, Circulation and Streetscape Design, shall be amended to read as follows: If the property at the corner of Arnold Road and Dublin Boulevard is developed with commercial uses, a second plaza should be incorporated between the retail buildings. This plaza could feature a smaller water element and tables with chairs with the possibly of outdoor eating areas for restaurants. Accent planting in pots and planters should be located throughout the plaza to provide color. The East Gateway Plaza will be constructed concurrent with the commercial development. The second paragraph of Section 5.6.3, Schools, of Chapter 5, Infrastructure and Public Services, shall be amended to read as follows: 5 This Specific Plan includes an elementary school site. The proposed school site has been � designed to include a residential overlay and would revert to the Dublin Crossing Medium Density Residential (DC-MDR) land use district should neither a school nor a park be constructed on the site. If this site is not developed with an elementary school, the Specific Plan area is currently located within the service boundary of Frederiksen Elementary, Wells Middle, and Du�lin High Schools. The second parag�aph of Chapter 6, Public Realm, shall be amended to read as follows: Parks and operi spaces are connected through nefinrorks of roads and multi-use (bicycle/pedestrian) pathways, providing a range of active and passive recreation opportunities at both community and neighborhood scales. The park and open space system meets t�e stated land use objectives of providing a 30 net-acre Community Park suitable for social, cultural and recreational events and a joint-use Neighborhood Park. The following polic,ies in Chapter 6, Public Rea/m, shall be amended to read as follows: PR Policv 6.4 — Provide 30 net usable acres of Community Park land ("Central Park") and Neighborhood �'ark land in the Specific Plan area in addition to any open space needed for habitat, the rea{ignment of the Iron Horse Regional Trail, or provided for private recreational amenities and facilities. PR Policy 6.8 — The drainage channel (now referred to as Chabot Creek) shall be allowed within Central F'ark and is included within the 30 net-acre calculation of usable park land. Chabot Creek �hall not be a part of the public-owned park land, but shall be owned and maintained by �� separate entity that is acceptable to the City. Section 6.4, Chabnt Creek Habitat Corridor, of Chapter 6, Public Rea/m, shall be amended to read as follows: Chabot Creek is classified as a drainage channel and riparian habitat corridor, and is required by State and Federal regulatory permitting agencies to be preserved in its current location to provide wildlife habitat. Chabot Creek will be owned and maintained by a separate entity (likely a private association or other public agency such as Zone 7). The feature is physi�ally and visually within Central Park, however the creek itself is not owned or maintained by the City. However, future trails and recreational amenities at the top of the creek bank (and outside any areas restricted for use by resource agencies) are within the public park boundary. Chabot Creek runs northeast to southwest through the park providing an excellent opportunity at the top of the creek bank for passive recreation and education including the potential for multi-use trails with staggered observation points integrated into a re-created natural riparian environment. Section 6.4.9, Chabot Creek Habitat Corridor.� Central Park Section, of Chapter 6, Public Realm, shall be amended�o read as follows: This section of�Chabot Creek runs through Central Park, where the habitat corridor provides a passive-nature themed and educational amenity within the envelope of Central Park. The corridor presenres an existing drainage channel and conveys stormwater flows through the 6 site. Native riparian planting on the banks could provide suitable habitat for birds, insects- and small animals. A walking path with occasional overlooks and educational signage could create opportunities for bird watching and nature appreciation. Vehicular access is restricted to authorized vehicles only. Signage indicating this restriction will be posted fencing will be located as necessary to ensure pedestrian access only. The exhibit below illustrates the Chabot Creek (A), a pedestrian bridge (B), and riparian planting (C). Enhancements to Chabot Creek shall be completed by the Developer and shall not be a part of the City's construction of Central Park. Section 6.4.2, Chabot Creek Habitat Corridor.� G Street Section, of Chapter 6, Public Realm, shall be amended to read as follows: This section of Chabot Creek north of"G" Street and extending to the north edge of the � project site will be designed as a passive open space with the creek corridor. This segment has a more shallow profile and will also feature native riparian and other ecologically suitable planting that will attract nesting birds, insects and other small wildlife. This section will not be within Central Park and will be owned and maintained by separate entity (likely a private association or other public agency such as Zone 7). The development of this habitat corridor and open space area is the responsibility of the Developer. Section 6.5, Neighborhood Park, of Chapter 6, Public Realm, shall be amended to read as follows: A Neighborhood Park will be located within the Specific Plan area, which will be designed in concert with the surrounding development. The actual park design process will be closely coordinated with the Dublin Unified School District as they move forward with planning the design of the school site. The playground(s), recreational field(s), and other amenities are intended to be jointly-used by both the school community and the surrounding neighborhood. Section 7.3.7, School Site Acquisition, of Chapter 7, Administration, Implementation, and Financing, shall be amended to read as follows: The Dublin Crossing Development Agreement between the City and the Developer stipulates the conditions of acquiring the school site. As a condition of approval of the Large Lot Tentative Map, the developer shall be responsible for dedicating right-of-way and constructing all needed utility and road infrastructure to serve the school site prior to the completion of the school construction or as determined by the City. Financing The acquisition costs of the school site are as stipulated in the Project Development Agreement and the construction costs of the school facilities shall be the responsibility of DUSD. Development of the Project shall be subject to the applicable school mitigation fees imposed under state law. The first sub-sections in Section 7.3.8, Parks, of Chapter 7, Administration, Implementation, and Financing, shall be amended to read as follows: 7 Responsibility The land for 30 net-acres of Community Park land shall be offered to the City for dedication in accordance with the Project Development Agreement. Once this offer is accepted, maintenance of the parks will be the responsibility of the City. Park Improvements and Dedication The City shall c��nstruct 30 net-acres of public park facilities in accordance with the Project Development A�reement. With respect to the other open space, landscape, and similar facilities described in the Specific Plan (e.g., landscaped areas, private recreational amenities, in-tract pedestrian and bikeway systems, in-tract landscaping, detention basins), these facilities shall be constructed by the DevelopE;r. BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the� Eastern Dublin Specific Plan: The following figurE�s shall be amended so they no longer include two parcels that have been included in the Dublin Crossing Specific Plan (APNs 986-0034-002-00, and 986-0034-006-00): Figure 4.1, Land Use Map Figure 4.2, Plar�ning Subareas Figure 5-3b, Circulation System PASSED, APPROVED, AND ADOPTED this day of , 2015 by the following vote: , AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:1PA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtf 2-ExhibitA-CC Reso SP and GPA.docx $ N � � � . 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U � U m m tn m rn � Q' � RESOLUTION NO. 15-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE DUBLIN CROSSING PROJECT PLPA-2015-00016 (APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00) WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately 189 acres in size and is generally bound by 5t" Street to the north, Scarlett Drive to the west, Dublin Boulevard to the south, and Arnold Road to the east; and WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement approval) that approved the Dublin Crossing project, which included the demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students; and WHEREAS, on March 17, 2015, the City Council directed Staff to prepare Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project that would accompany proposed amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015, incorporated herein by reference, was prepared, which describes the proposed amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan, the Amendment No. 1 to the Dublin Crossing Development Agreement and its relation to the analysis in the Dublin Crossing EIR; and WHEREAS, the proposed Development Agreement is attached to this Resolution as Exhibit A-1; and WHEREAS, on May 12, 2015, the Planning Commission held a public hearing on the proposed Development Agreement; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and ATTACHMENT 3 WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council adopt an Ordinance approving Amendment No. 1 to the Development Agreement; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council make the following findings and determinations regarding Amendment No. 1 to the Development Agreement: 1. Amendment No. 1 to the Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan and in the Dublin Crossing Specific Plan, as amended, in that: (a) Amendment No. 1 to the Development Agreement incorporates the objectives policies, general land uses and programs in the General Plan and Specific Plan and does not amend or modify them; and (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services. 2. Amendment No. 1 to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located because Amendment No. 1 to the Development Agreement does not amend the uses or regulations in the applicable land use district. 3. Amendment No. 1 to the Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Dublin Crossing Specific Plan and the General Plan, as amended. 4. Amendment No. 1 to the Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer's proposed project will proceed in accordance with all the programs and policies of the General Plan, Dublin Crossing Specific Plan, as amended, and future Project Approvals and any Conditions of Approval. 5. Amendment No. 1 to the Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan, the Dublin Crossing Specific Plan, as amended, and future Project Approvals. 6. Amendment No. 1 to the Development Agreement does not change the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The original Development Agreement continues to contain an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process, including all legal fees and costs. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance, attached as Page 2 of 3 Exhibit A-1, approving Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project. PASSED, APPROVED AND ADOPTED this 12th day of May 2015. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Assistant Community Development Director G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 3-PC Reso DA.docx Page 3 of 3 ORDINANCE NO. xx-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * � * * * * * * * � * * * * * � � * * * * * AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE DUBLIN CROSSING PROJECT PLPA-2015-00016 (APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00) THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. On November 5, 2013, the City Council approved Resolutions 186-13 (EIR certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement approval) that approved the Dublin Crossing project, which included the demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students; and B. On March 17, 2015, the City Council directed Staff to prepare Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project that would accompany proposed amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and C. Pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015, incorporated herein by reference, was prepared, which describes the proposed amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan, the Amendment No. 1 to the Dublin Crossing Development Agreement and its relation to the analysis in the Dublin Crossing EIR; and D. Amendment No. 1 to the Development Agreement will vest the Project Approvals. E. The Planning Commission held a public hearing on Amendment No. 1 to the Development Agreement on May 12, 2015, for which public notice was given by law; and F. The Planning Commission made its recommendation to the City Council for approval of Amendment No. 1 to the Development Agreement by Resolution. G. A public hearing on the proposed Development Agreement was held before the City Council on , 2015 for which public notice was given as provided by law. �xN f1 i o AT'I'ACIII7P;NT 3 H. The City Council has considered the recommendation of the Planning Commission, including the Pianning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan, as amended; (c) the Dublin Crossing Specific Plan, as amended, (d) the CEQA Addendum for proposed Dublin Crossing Project Amendments; (e) the Staff Report; (fl information in the entire record of proceeding for the Project, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. Amendment No. 1 to the Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan and in the Dublin Crossing Specific Plan, as amended, in that: (a) Amendment No. 1 to the Development Agreement incorporates the objectives policies, general land uses and programs in the General Plan and Specific Plan and does not amend or modify them; and (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services. 2. Amendment No. 1 to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located because Amendment No. 1 to the Development Agreement does not amend the uses or regulations in the applicable land use district. 3. Amendment No. 1 to the Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in Resolution No. XX-XX, amending the General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan, adopted by the City Council on , 2015. 4. Amendment No. 1 to the Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer's proposed project will proceed in accordance with all the programs and policies of the General Plan, Dublin Crossing Specific Plan, as amended, and future Project Approvals and any Conditions of Approval. 5. Amendment No. 1 to the Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan, the Dublin Crossing Specific Plan, as amended, and future Project Approvals. 6. Amendment No. 1 to the Development Agreement does not change the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The original Development Agreement continues to contain an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process, including all legal fees and costs. 2 Section 3. APPROVAL The City Council hereby approves Amendment No. 1 to the Development Agreement (Exhibit A-1 to the Ordinance) and authorizes the City Manager to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2015 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3 RECORDING REQUESTED BY: - CITY OF DUBLIN When Recorded Maii To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATING TO THE DUBLIN CROSSING PROJECT EXHIBIT A-1 TO ATTACHMENT 3 THIS AMENDMENT ("Amendment") is made and entered in the City of Dublin on this _ day of , 2015, by and between the City of Dublin, a Municipal Corporation (hereafter "City"), DUBLIN CROSSING VENTURE, LLC, a Delaware limited liability company (hereafter "Developer"), pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. City and Developer are from time-to-time individually referred to in this Amendment as a "Party" and are collectively referred to as "Parties". RECITALS 1. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Development Agreement Statutes") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property. 2. Pursuant to that authority, City and Developer entered into that certain "Development Agreement Between the City of Dublin and Dublin Crossing Venture LLC," dated November 19, 2013 and recorded in the Official Records of Alameda County ("Official Records") on June 4, 2014 as document number 2014134795 (the "Agreement"). Amendments to the Agreement are permitted by the mutual consent of the Parties in accordance with Article 13.2 of the Agreement and by the Development Agreement Statutes. 3. The Developer's original entitlements (described as the "Existing Project Approvals" in the Agreement) allowed for the construction of up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office, and/or commercial uses; a 30 acre Community Park; a 5-acre Neighborhood Park, and a 12 acre elementary school site. 4. The Dublin Unified School District has stated it is unlikely that it will have the ability to acquire the 12-acre elementary school site in the near term, given the current land value of approximately $36,000,000. 5. Developer and City reached a tentative agreement that would allow the transfer of the future school site to the City at no cost in exchange for modification to the entitlements for the Dublin Crossing Project. These modifications (which were processed in conjunction with this Amendment) required amendments to the Dublin Crossing Specific Plan and to the Dublin Crossing Project Development Agreement (the "Subsequent Project Approvals"), but did not increase the current maximum number of housing units allowed in the Project. Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project � 6. Parties now wish to amend the terms of the Agreement to reflect the changes to the entitlements, to remove the requirement to provide construction funding for a 5-acre Neighborhood Park (which Neighborhood Park the entitlements eliminate), to reduce the total Community Benefit Payment by $1,200,000, and to include language related to the no-cost transfer of the school site, among other complementary and/or conforming amendments. 7. On May 12, 2015 the Planning Commission held a public hearing with respect to this Amendment and the Project Approvals described below and adopted Resolution No. 15- recommending that the City Council approve Amendment No. 1 to the Development Agreement. 8. On , 2015 the City Council held a public hearing with respect to the following approvals and approved the following: an amendment to the Dublin Crossing Specific Plan, (Resolution No. ) and the DA Amendment Approving Ordinance (defined below) (the "Project Approvals"). 9. City undertook, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq., hereinafter "CEQA"), the required analysis of the environmental effects that would be caused by the Existing Project Approvals and determined those feasible mitigation measures which will eliminate, or reduce to an acceptable level, the adverse environmental impacts of the Existing Project Approvals. The environmental effects of the proposed development of the Property were analyzed by the Final Environmental Impact Report (the "FEIR") certified by City on November 5, 2013. In conjunction therewith, City also adopted a mitigation monitoring and reporting program (the "MMRP") to ensure that those mitigation measures incorporated as part of, or imposed on, the Project are enforced and completed. Those mitigation measures for which Developer is responsible are incorporated into, and required by, the Project Approvals. 10. In conjunction with its review of the Subsequent Project Approvals, the City prepared an addendum to the FEIR that concluded that none of the conditions described in CEQA Guidelines section 15162 calling for the preparation of a subsequent EIR have occurred. 11. On , 2015, the City Council of the City of Dublin adopted Ordinance No. approving this Amendment No. 1 to the Development Agreement ("DA Amendment Approving Ordinance"). The ordinance took effect on , 2015 (the "Amendment Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project 2 AGREEMENT Section 1. The parties agree that the Project Approvals will be treated as Subsequent Project Approvals as that term is defined in the Agreement. Section 2. Section 6.1 of the Agreement is amended to read in its entirety as follows: "6.1 Development Aqreement Fee� Due On a Per-Unit Basis at Final Map. Prior to the City's approval of each final map creating individual lots for residential units, Developer shall pay the City a development agreement fee (the "Development Agreement Fee") calculated as follows: the number of residential lots (or condominium parcels) that would be created by the final map multiplied by $22,941.96. For maps that create condominiums, the tentative and final map shall indicate the maximum number of units permitted by the final map, and the Development Agreement Fee paid shall be based on the maximum number of units permitted by the map. For maps creating fewer than 40 lots or condominium units, the Development Agreement Fee shall be based on 40 lots or condominium units. In the event that Developer seeks a site development review ("SDR") approval for residential units for which the per unit fee has not been paid (e.g. apartment projects), Developer shall pay the per-unit fee amount at the time of SDR approval. The per-unit fee amount ($22,941.96 per residential unit) shall not be adjusted for inflation. At such point as Developer has paid Development Agreement Fees or advances equal to $36,707,142 in the aggregate, Developer shall no longer be obligated to pay the Development Agreement Fee required by this subsection. As detailed in Exhibit E, the $22,941.96 per residential unit fee generates $36,707,142 at the point when 1,600 units are mapped in the Project. The Development Agreement Fee was determined based on six separate components described in this Agreement: (a) Park Construction, § 9.6; (b) Community Benefit, § 7; (c) Iron Horse Bridge Design, § 10.3.1; (d) Iron Horse Bridge Construction; § 10.3.2; (e) ACSPA Property Acquisition Contribution, § 9.8; and (fl Park Maintenance Endowment, § 9.7. The City is requiring the payment of the Development Agreement Fee as a condition to development of the Property. The Parties agree that the City shall be deemed for all purposes to be requiring the payment of the Development Agreement Fee as a condition to development of the Property and that the Development Agreement Fee should be considered a supplemental fee and, in all aspects of its application and implementation, should not be deemed a waiver or fee reduction of any kind. If at any point the City Council determines that at full buildout development on the Property will not or is unlikely to produce 1,600 units, the City may withhold further approvals, including final maps, until such time as Developer provides adequate assurances that the City will receive the entire $36,707,142 in Development Fee revenue." Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project 3 Section 3. Section 7 of the Agreement is amended to read in its entirety as follows: "7. Community Benefit Payment. 7.1 Developer has agreed, as partial consideration for the City's entering into this agreement, to contribute to the City over the course of the Project the sum of $17,500,000 as a Community Benefit Payment, in accordance with the following schedule and requirements. 7.2 The Community Benefit Payment is a component of the Development Agreement Fee and will be paid as specified in section 6.1, except that, if the City has not received the following amount, exclusive of Development Agreement Fee component payments previously applied, by the applicable deadline below, Developer shall, on or before the applicable deadline, make an advance of Development Agreement Fees equal to the difference between the amount of Development Agreement Fees the City had previously received, exclusive of Development Agreement Fee component payments previously applied, and the amount set out below. Payment Amount Deadline First $10,000,000 24 months following the Project Approval Date Second $5,000,000 48 months following the Project Approval Date Third $2,500,000 At recordation of the last final map in Phase 4 of the Project (see Exhibit D) The "Project Approval Date" shall be the date upon which all appeal, legal challenge and rehearing periods relating to the Existing Project Approvals shall have expired without legal challenge, or, if any appeal, legal challenge or rehearing request is filed against the City challenging such Project Approvals, the date upon which all such challenges are finally dismissed and either (a) all of such Project Approvals remain effective or, (b) have been reaffirmed, if required by the resolution of the challenge(s). The Parties agree that any payment deadlines under this Section that occur during the pendency of any appeal, legal challenge or rehearing request filed against the City challenging any of the Subsequent Project Approvals shall be extended to a date 30 days following the finality of any such appeal, legal challenge, or rehearing request. Notwithstanding any other provision of this Agreement, the Developer shall not be required to make the foregoing payments if the City Council elects for any reason not to form Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project 4 a CFD proposed by Developer that meets the requirements of Section 8. Notwithstanding anything to the contrary in this Agreement, if any payment under this subsection is not received in full by the City by the deadline for such payment, the City may withhold further issuance of building permits and other approvals, including final maps, for the Project until such time as Developer has made the required payment." Section 5. Section 9.1 of the Agreement is amended to read in its entirety as follows: "9.1 Parkland Dedication. Except as specified in Section 9.8, the Project proposed by Developer includes the dedication of 30 net acres of community parkland. Developer shall dedicate the specified parkland with the first final map in the Project phase specified below, or earlier: Project Size of dedication Phase 1st Phase 2 10 net acres of community park land (includes 8.7 acres in exchange for ACSPA Property transfer by City under section 9.8.) 2nd Phase 3 10 net acres of community park land 3rd Phase 5 10 net acres of community park land Net acreage is measured at the property line of the park parcels dedicated by Developer and does not include land area currently owned by the City or land area within adjacent existing or future street right of ways. Other than the creek and the 50-foot buffer boundary from top of bank on either side of the creek, net acreage does not include land that is encumbered by use restrictions, unless the use restrictions are approved by the City. The City acknowledges that the portions of the 30 acres may be subjected to the following reasonable restrictions: active sports fields, certain species of plantings, and the use of motorized vehicles. If resource agencies require use restrictions that are not acceptable to the City in the area beyond the 50-foot buffer boundary from top of bank on either side of the creek, Developer shall identify additional acreage to meet the net 30 acre requirement. This obligation shall be satisfied prior to the issuance of the first building permit in Phase 2, and the City may withhold further building permits outside of Phase 1 until it is satisfied. The Parties agree that, in the event of substantial revisions to the geography of the Project phases (as determined by the City Manager), this Agreement shall be promptly amended to revise Exhibit D and to reflect the Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project 5 impact the revised phases have on provisions of this Agreement that reference the Project phases, which include, but are not limited to, this Section 9.1 and Sections 9.6 and 9.8. The City Manager may approve insubstantial revisions to Exhibit D requested by Developer and if such revisions are so approved the revised Exhibit D shall automatically become annexed to this Agreement and shall replace the prior Exhibit D and the Parties shall be authorized to and shall replace the prior Exhibit D with the new Exhibit D in each copy of the Agreement." Section 6. Section 9.2 of the Agreement is amended to read in its entirety as follows: "9.2 Public Facilities Fee and Quimby Requirements For Land Dedications. In the aggregate, the dedications required by this Agreement, including the dedication of the school site pursuant to Section 12 on which the City intends to provide for a minimum of 5 acres of joint school/park use, and the Developer's contribution toward the City's purchase of the ACSPA Property pursuant to Section 9.8.3, satisfy the community park land component of the City's Public Facilities Fee and the parkland dedication requirements of Chapter 9.28 of the Dublin Municipal Code for up to 1,995 residential units and for all of the commercial development proposed on the Specific Plan. Except as otherwise specified in this Agreement, development in the Project and on the Property shall be subject to all other components of the Public Facilities Fee. At the time of dedication on the final map, provided that Developer (a) enters into an improvement agreement in conjunction therewith and (b) provides evidence, acceptable to the City Engineer, demonstrating that the land to be conveyed (including any imported fill) meets California Department of Toxic Substances Control standards applicable to residential development or such lesser standard acceptable to the City, the City will promptly upon receipt of such evidence indicate in its records that Developer has made such a dedication, and those records will be used to determine whether the Developer has satisfied its obligations under the community park land component of the City's Public Facilities Fee and the parkland dedication requirements of Chapter 9.28 of the Dublin Municipal Code. The City's records of the dedications shall be expressed in acres of community and neighborhood parkland as follows: Dedication Neighborhood Park Community Park 1 st 3 acres 7 acres 2nd 2.170 acres 5.063 acres 3rd 3 acres 7 acres When the previous dedications are used to satisfy the obligations as to individual maps and building permits, the unapplied dedications reflected in the City's records shall be reduced to reflect the equivalent in acreage of the fee Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project 6 component for which previous dedications were used. If Developer does not have sufficient unapplied dedication acreage when it seeks approval for a particular map or building permit, it may, instead of paying the applicable fees in lieu of parkland dedication or the community park land component of the Public Facilities Fee, provide security acceptable to the City that secures payment of such fees. Upon its receipt of parkland dedications to satisfy the obligations so secured, the City will promptly reduce the security in an equivalent amount." Section 7. Section 9.3 of the Agreement is amended to read in its entirety as follows: "9.3 Stormwater Facilities. The City will allow underground stormwater detention facilities within the 30 acre net community park, not to exceed a footprint of 87,120 square feet, and in locations acceptable to the City. The underground stormwater facilities shall include a minimum cover acceptable to the City." Section 8. Section 9.5 is amended to read as follows: "9.5 City Obligation to Improve Parkland. City will complete each of the three park phases within 24 months of (a) the City accepting the applicable dedication pursuant to Section 9.4 and (b) Developer providing the required funds for the applicable park phase's construction pursuant to section 9.6. The 24-month period will not commence until the Parties have confirmed in writing that the criteria have been satisfied." Section 8. Section 9.6 of the Agreement is amended to read in its entirety as follows: "9.6 Project's Obliqation to Fund Park Construction. The Project's contribution to fund park construction shall be $4,285,714 for each of the three community park phases which may reimbursed through the CFD. These contributions exceed the amounts otherwise required to be contributed by Developer under the Public Facilities Fee for park improvements and shall therefore be deemed to satisfy the Project's obligations to fund park improvements under the Public Facilities Fee. Upon request of Developer, the City shall apply previously collected Development Agreement Fees revenues, exclusive of Development Agreement Fee component payments previously applied, toward the required contribution. If such application of Development Agreement Fees is insufficient to satisfy the required contribution, Developer may advance the necessary funds under Subsection 6.3 in order to trigger the City's park improvement obligations under Section 9.5. In any event, Developer shall make the following contributions for each phase of the park, by requesting application of previously collected Development Agreement Fees toward the contribution, making a Development Agreement Fee advance, or both, no later Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project � than: the first recorded subdivision map creating residential lots for a $100,000 contribution to be used for the preparation of a master plan for the community park; the first recorded subdivision map in Phase 2 for the first $4,285,714 contribution (less the $100,000 contribution previously for the master plan); the first recorded subdivision map in phase 3 for the second $4,285,714 contribution; and the first recorded subdivision map in phase 5 for the last $4,285,714 contribution. In addition, with the submission of the first subdivision map creating residential lots in Phase 1, the Developer shall prepare, at its own expense, a traffic circulation analysis to determine the appropriate location of the Community Park parking lot and driveway entrance(s) for review and approval by the City Engineer. The report shall evaluate the location of potential driveways on Scarlett Drive and how they would interact with the existing intersection at Houston Place as well as consider connectivity of the future parking lot(s) to both G Street and Scarlett Drive. The results of the analysis will be incorporated in the subsequent Project Approvals. The Developer shall not be required to make the contributions required by this paragraph to the extent that they are due after the contingent event described in Section 6.2 above occurs. If such contingent event does occur, and the contributions required by this paragraph cease, Developer shall, so as to avoid a significant impact pursuant to Impact 3.11-4 described in the FEIR, thereafter be required to pay the community park improvements component of Public Facilities Fee and the neighborhood park improvement component of the Public Facilities Fee as it applies in Eastern Dublin. The City shall use the contributions made pursuant to this Section only for the improvement of parks within the Specific Plan area. 9.6.1 Public Facilities Fee Payment Security. Developer's contributions as specified above shall be deemed to satisfy its obligation to contribute to Community and Neighborhood Park Improvements under the Public Facilities Fee Program. If, however, at the time Developer seeks to file a final map Developer has not made the required contributions in amounts sufficient to satisfy the final map's Park Construction obligation, Developer shall provide security acceptable to the City that ensures payment of the community park improvements component of Public Facilities Fee for the units and the neighborhood park improvement component of the Public Facilities Fee applicable in Eastern Dublin. For the purposes of this paragraph, Developer shall upon each $4,285,714 contribution be deemed to have satisfied its obligations for 665 residential units. The contributions may be used to reduce previously posted security under this paragraph and to avoid the requirement to post security under this paragraph." Section 9. Section 12 of the Agreement is amended to read in its entirety as follows: "12. School Site. Developer shall dedicate to the City the 12 net acre school site with the first final map in Project Phase 3. The 12 net acre school site Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project $ is designated Parcel 27 on Vesting Tentative Map 8150 and is bounded by D Street, G Street, F Street, and Central Parkway. The dedication will, upon satisfaction of the criteria in Section 9.2 for such treatment, be noted in the City's records as a dedication of 3 acres of parkland for the purposes of the Developer's satisfaction of its obligations under the community park land component of the City's Public Facilities Fee and the parkland dedication requirements of Chapter 9.28 of the Dublin Municipal Code. The City will accept the school site upon satisfaction of the requirements set forth in Section 9.4 for acceptance of parkland." Section 10. Exhibits D, E, and F to the Agreement are replaced in their entirety by revised Exhibits D, E, and F attached hereto and incorporated by this reference. Section 11. Full Force and Effect. Except as specifically clarified, confirmed or modified herein, the Agreement shall continue in full force and effect according to its terms. Section 12. Defined Terms. Defined terms have the same meaning in this Amendment as in the Agreement unless otherwise specified. Section 13. Effective Date. This Amendment shall become effective upon the date the ordinance approving this Agreement becomes effective (the "Effective Date"). Section 13. Recordation. City shall record a copy of this Amendment within ten (10) days following execution by all parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN DEVELOPER DUBLIN CROSSING VENTURE LLC, By: a Delaware limited liability company Chris Foss, City Manager Attest: By: Its: Caroline Soto, City Clerk Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project 9 Approved as to form John Bakker, City Attorney 114.266 2419687.8 Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement for the Dublin Crossing Project 10 Revised Exhibit D Diagram of Project Phases LEGEND � PHASING 80UNDARY IAPPROXIMATEI - SCHOOL � DC-MEDIUM DEN9ITV RESIDENTIAL PARK DG-MEDIUM-HIGH DENSI7V FESIDENTIAL �; � OPEN 3PACE r�a a.+w p�m �a , # �� i iw� A� �'ti� � � GENERAL GOMMERCIAL/DPMEDIUM-HIGH DEN817Y RE3IDENTIAL (_ � PROJECT AREA BOUNDARY �-� '�+��_�^� ��' � ��� a � k 9 'H^•,am"�'t�." ? � GENERAL COMMERCIAVDC-HIGH DENSITV RESIDENTIAL �', . �° ' � ' ' "� ��� � ` � ' + �,� ' a� � �' �'�° � � . �� ��* . u #a, .+ ` ,�_ . �` � ,°.�`�y, � d � �r� .� i i : 1 � �rr �" �'� i^� k 3i� y i , ���u��:7.� � {P � h��e.} "�� ��.. f n ��. . 3a�k '$� '�N� .N PA IIl�MA , �� �".r r�'.. � P. � ?�' U . .,� . p ��' �'�• { '�'^�' �ii � " �. �' .� �}f ��:� Y u.._.� ...:_ .; � Y� h'� .Y, x. +`s� t���i 5.� ` �nr+�s. 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'+,_� � � �,,.x.., �,�/ � � U t � �`°�����!. �M4 ��M,��' Y, ✓z.�1� n ��� � .,t'.1 � � � 1';K; ' � ���� �� � �� � r��� �'�s" ����� '`�` `���' �.,.,, r�u � P g�� h ���������a�� Cance tual Phasin Plan RUGGERI�JENSEN-AZAR �����-��` Figure 2-3 d o 0 0 0 0 0 0 � o c� o �r � c� o 0 0 0 � o 0 0 '� o 0 0 � o �n � — O f` N � N r- 69 � ({} 6�} U d N N O O O O O � � � ff3 O O O K} .� � � O O O W ti op � O o0 Q CO N �- N � � � E!? 69 U � � � � � I� � N O O �A J � � f` � tn O N L ai a � o rn � � ti � � c�i o0 0 � r- � c � � � � � N � � d N N O O O O O � � � �' O O O O O � � � O O O O O WQ � I� I` O O O O O � � i. p � O � O O O C1 f� 00 ln Ef} O 0� tn t � � Cp N f� � N N �( � Q M �- � Ef} Efl Ef-} LLJ � Ef-} Ef-} Ef) d � N � � �� � � � � O C � 1� -� -� � N � +N.' O r=+ N N c'7 M 00 I` � � CO C> � � � p � O� � J � N N N � � O � � � (6 (0 � O U -� -� a� a� � � cLa cLa c � � � E a� a� � � o a� a� � � � � o � w � � � � o � � c � � o � U � — — +--� � C � ("�j � �(0 .� �(0 '� fL3 �' � m I— N I— O C � � � �-�' � 0 � U � C c � � � � � � V '� O ° � o .� o .� Q y Q- U E 2 cn 2 v� � � � � � � c p c o � � F�- U � U � U � U Q a � � 0 N � � N � LL � C � � � E O a� a� � � � Q � a� � o � � °� �, c � Q V ,O O �Q � W ai Q � � � � v�i ° � U .� � � o� d � (� � � � � � � Q� � 0 Q � O '� w � � °' a Q �, � a c� � w ° a a� � � RESOLUTION NO. 36 - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * � � * APPROVING THE INITIATION OF A GENERAL PLAN AND DUBLIN CROSSING SPECIFIC PLAN AMENDMENT STUDY TO: 1) INCORPORATE THE 1.5 ACRE CHABOT CREEK INTO THE COMMUNITY PARK AND INCREASE THE ACREAGE DEVOTED TO MEDIUM DENSITY RESIDENTIAL BY 1.5 ACRES; 2) RE-DESIGNATE THE 13 ACRE "MIXED USE" SITE TO "GENERAL COMMERCIAUDC MEDIUM-HIGH DENSITY RESIDENTIAL"; 3) ALLOW USE OF THE SITE DESIGNATED "SCHOOL" FOR BOTH SCHOOL AND PARK PURPOSES. (APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00.) WHEREAS, the City Council is considering initiating a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium- High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes; and WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study would also include amendments to the Dublin Crossing Project Development Agreement and minor amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of General Plan and Dublin Crossing Specific Plan Amendment Study. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the initiation of a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re- designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes. Page 1 of 2 ATTACHMENT 4 PASSED, APPROVED AND ADOPTED this 17th day af March 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: � P City Clerk i Reso No. 36-15,Adopted 3-17-15, Item 8.1 Page 2 of 2 RESOLUTION NO. 15-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A CEQA ADDENDUM FOR AMENDMENTS TO THE GENERAL PLAN, DUBLIN CROSSING SPECIFIC PLAN, EASTERN DUBLIN SPECIFIC PLAN, AND DEVELOPMENT AGREEMENT RELATED TO THE DUBLIN CROSSING PROJECT PLPA-2015-00016 (APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00) WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately 189 acres in size and is generally bound by 5t" Street to the north, Scarlett Drive to the west, Dublin Boulevard to the south, and Arnold Road to the east; and WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (Dublin Crossing Final EIR certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement approval) that approved the Dublin Crossing project, which included the demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes; and WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also included amendments to the Dublin Crossing Project Development Agreement and minor amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared an Initial Study which describes the proposed Amendments to the Dublin Crossing Specific Plan, General Plan, Dublin Crossing Development Agreement, and the Eastern Dublin Specific Plan and its relation to the analysis in the Dublin Crossing EIR, dated April 21, 2015, incorporated herein by reference and attached to this resolution as Exhibit A-1, was prepared to determine if additional environmental review was required pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162. Based on the Initial Study, the City determined that the potentially significant effects of ATTACHMENT 5 the project were adequately addressed in the Dublin Crossing EIR (SCH 2O12062009) and no further environmental review is required under CEQA standards; and WHEREAS, pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent EIR shall be prepared for the Amendments to the General Plan, Dublin Crossing Specific Plan, Development Agreement, and Eastern Dublin Specific Plan related to the Dublin Crossing Project, as no substantial changes have been proposed to the project or the conditions under which the project will be carried out that require major revisions of the Dublin Crossing EIR. No new significant environmental impacts have been identified and no substantial increases in the severity of previously identified impacts were discovered. The project remains subject to all previously adopted mitigation measures, as applicable; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015, incorporated herein by reference and attached to this Resolution as Exhibit A-1, was prepared, which describes the Amendments to the General Plan, Dublin Crossing Specific Plan, Development Agreement, and Eastern Dublin Specific Plan related to the Dublin Crossing Project and its relation to the analysis in the Dublin Crossing EIR; and WHEREAS, a Staff Report, dated May 12, 2015 and incorporated herein by reference, described and analyzed the Project, including the associated General Plan Amendment, Eastern Dublin Specific Plan Amendment and Development Agreement Amendment, and CEQA Addendum, for the Planning Commission; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the Amendments to the General Plan, Dublin Crossing Specific Plan, Development Agreement, and Eastern Dublin Specific Plan related to the Dublin Crossing Project and the CEQA Addendum, on May 12, 2015, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the Dublin Crossing EIR and CEQA Addendum, all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the Planning Commission has reviewed and considered the Addendum and Initial Study, both dated April 21, 2015 (Exhibit A-1). BE IT FURTHER RESOLVED THAT the Planning Commission recommends that the City Council adopt a Resolution (Exhibit A) adopting an Addendum to the Dublin Crossing EIR, including the related Initial Study, for the Amendments to the General Plan, Dublin Crossing Specific Plan, Development Agreement and Eastern Dublin Specific Plan related to the Dublin Crossing Project. PASSED, APPROVED AND ADOPTED this 12th day of May 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Assistant Community Development Director G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 4-PC Reso Addendum.DOC RESOLUTION NO. xx-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A CEQA ADDENDUM FOR AMENDMENTS TO THE GENERAL PLAN, DUBLIN CROSSING SPECIFIC PLAN, EASTERN DUBLIN SPECIFIC PLAN, AND DEVELOPMENT AGREEMENT RELATED TO THE DUBLIN CROSSING PROJECT PLPA-2015-00016 (APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00) WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately 189 acres in size and is generally bound by 5th Street to the north, Scarlett Drive to the west, Dublin Boulevard to the south, and Arnold Road to the east; and WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement approval) that approved the Dublin Crossing project, which included the demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes; and WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also included amendments to the Dublin Crossing Project Development Agreement and minor amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared an Initial Study which describes the proposed Amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan and its relation to the analysis in the Dublin Crossing EIR, dated April 21, 2015, incorporated herein by reference and attached to this resolution as Exhibit A-1, was prepared to determine if additional environmental review was required pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162. Based on the Initial Study, the City determined that the potentially significant effects of the project were adequately addressed in the Dublin Crossing EIR (SCH 2O12062009); and 1 EXHIBIT A TO ATTACHMENT 5 WHEREAS, pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent EIR shall be prepared for the Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project, as no substantial changes have been proposed to the project or the conditions under which the project will be carried out that require major revisions of the Dublin Crossing EIR. No new significant environmental impacts have been identified and no substantial increases in the severity of previously identified impacts were discovered. The project remains subject to all previously adopted mitigation measures, as applicable; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015, incorporated herein by reference and attached to this Resolution as Exhibit A-1, was prepared, which describes the Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project and its relation to the analysis in the Dublin Crossing EIR; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project and the CEQA Addendum, on May 12, 2015, at which time all interested parties had the opportunity to be heard and the Planning Commission subsequently adopted Resolution XX-XX, recommending City Council adoption of a CEQA Addendum for Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project; and WHEREAS, a Staff Report, dated May 12, 2015 and incorporated herein by reference, described and analyzed the 2014 DDSP Amendment, including the associated General Plan Amendment and CEQA Addendum, for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the Project, including the Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project and the CEQA Addendum, on , 2015, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council considered the Dublin Crossing EIR and CEQA Addendum, all above-referenced reports, recommendations, and testimony to evaluate the Project. WHEREAS, pursuant to CEQA Guidelines Section 15093 and the California Court of Appeals decision Communities for a Better Environment v. California Resources Agency (2002) 103 Cal. App. 4t" 98, 125, approval of the Project must be supported by a new Statement of Overriding Considerations. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the City Council has reviewed and considered the Addendum and Initial Study (Exhibit A-1) and the Statement of Overriding Considerations (Exhibit A-2) prior to taking action on the project. BE IT FURTHER RESOLVED that the City Council does hereby adopt the CEQA Addendum, including the related Initial Study, attached as Exhibit A-1, pursuant to CEQA 2 Guidelines Sections 15162 and 15164 for the Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project. BE IT FURTHER RESOLVED that the City Council does hereby adopt the Statement of Overriding Considerations attached as Exhibit A-2. PASSED, APPROVED, AND ADOPTED this day of , 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 4-CC Reso Addendum.docx 3 Amendments to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and Development Agreement related to the Dublin Crossing Project (zo�5) Addendum and Initial Study City o f Dublin April i�, Zo�S ADDENDUM PROJECT DESCRIPTION: The City Council has initiated a General Plan and Specific Plan Amendment study with the intent of making changes to the approved Dublin Crossing project in order to facilitate the acquisition of a �z-acre school site that can be used by both the City and the School District. In order to effectuate these changes, land use amendments are proposed to the General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan, and modifications are proposed to the Dublin Crossing Development Agreement. The details of these amendments are as follows: Dublin Crossing Specific Plan would be amended to include several land use changes that will financially benefit the Developer and allow them to transfer the school site to the City at no cost, including: • Modifying the designation of the iz acre School site to allow both school and park uses. This will allow the playground(s), recreational field(s), and other amenities to be used by both the school community as well as the residential neighborhood. • Incorporating the �.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by �.5 acres. Although this will allow the Developer more flexibility in where the residential development takes place, the Specific Plan limit of �,995 residential units will not be exceeded; and • Redesignating the �3 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard to "General Commercial�DC Medium-High Density Residential", thereby removing the requirement for both the 5 acre Neighborhood Park site and a minimum of 75,00o square feet of commercial development on this parcel within the site. Minor amendments to the General Plan and the Eastern Dublin Specific Plan are also needed to ensure consistency with the amended Dublin Crossing Specific Plan. In addition to the land use changes proposed above, Amendment No. � to the Development Agreement between the City and Dublin Crossing Venture LLC related to the Dublin Crossing Project includes: • Removing the requirement to provide construction funding for a 5 acre Neighborhood Park ($z.�43 million); • Removing the requirement for the final Community Benefit Payment ($�.z million); and • Including language related to the no-cost transfer of the school site from the Developer to the City. The proposed changes to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and Development Agreement will result in the delivery of the �z acre school site to the City without increasing the current maximum number of housing units (up to i,995) allowed in the project or the maximum � � Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and � Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) ATTACHMENT 5 F_x.A• � amount of commercial square footage allowed to be built (up to zoo,000 square feet). Additionally, the same amount of parkland will be provided, although the Neighborhood Park will now be a facility that is jointly used by both the community and the School District while the Community Park remains at 3o acres. PR_I.OR CEQA ANALYSI_S: The City Council certified a Final Environmental Impact Report (SCH zo�zo6zoo9) for the Dublin Crossing Project on November 5, zo�3 via City Council Resolution �86-i3. The Final EIR analyzed the Dublin �rossing Specific Plan, which was a plan for the orderly development of approximately �8g acres, including 8.7 acres owned by Alameda County Surplus Property Authority, an 8.g acre parcel owned by NASA, and a �7z-acre portion of the z,485-acre Camp Parks Reserve Forces Training Area (Camp Parks). The Specific Plan addressed the future development of the project area, which includes demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to �,995 single- and multi-family residential units; up to zoo,000 square feet of retail, office and�or commercial uses; a 3o acre Community Park; a 5 acre Neighborhood Park, and a �z acre elementary school site to serve approximately goo students. CURREN_T___CE_QA A_N_ALYSIS AN_D DETERM_I__N_ATION___TH_A_T_AN__ADDENDUM__IS APPROPRIATE_ FOR__THIS PROJ ECT: In order to determine if there were any significant environmental impacts that were present with the General Plan, Dublin Crossing Specific Plan, Development Agreement and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5) that were not already addressed (and mitigated if necessary) in the Dublin Crossing FEIR, an Initial Study was completed. The Initial Study, dated April z�, z.oi5 and incorporated herein by reference, determined that the potentially significant effects of the General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zoi5) were adequately addressed in the Dublin �rossing FEIR, and that no substantial changes are proposed with the current Project or the conditions under which the Project will be undertaken that require revisions of the previous environmental documents. Based on the Initial Study, this Addendum has been prepared, which notes the difference in the General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5) and the previous project approvals, which CEQA impacts were addressed in the certified Dublin Crossing FEIR. The General Plan, Dublin Crossing Specific Plan, Development Agreement and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5) does not modify the maximum development potential within the Dublin Crossing Specific Plan area, substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification, the circulation system remains the same, the number of allowable residential units has not increased, the amount of allowable commercial square footage has not increased, and the number of students expected to be served by the school has not changed. NO SUBSEQU_E__NT R__EVIEW_IS REQUIRED_PER_CEQA GUID_ELINES SECTION i5�6z_: �� z : Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Pursuant to Section �5�6z of the California Environmental Quality Act (CEQA) Guidelines, no subsequent environmental analysis shall be prepared for the General Plan, Dublin Crossing Specific Plan, Development Agreement, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5), as no substantial changes have been proposed with the Project or the conditions under which the Project will be undertaken which require revisions to the previous environmental documents. No new significant environmental impacts have been identified and no substantial increase in the severity of previously identified impacts has been discovered. Pursuant to CEQA Guidelines Section �5�64, with minor technical amendments and clarifications as outlined in this Addendum, the Dublin Crossing FEIR will continue to adequately address the significant environmental impacts of the General Plan, Dublin Crossing Specific Plan, Development Agreement and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5). CONCLUSION: The City prepared an Initial Study in connection with the General Plan, Dublin Crossing Specific Plan, Development Agreement and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5). Based on the Initial Study, the City prepared an Addendum to the Dublin Crossing FEIR. As provided in Section �5i64, the Addendum need not be circulated for public review, but shall be considered with the previous environmental documents before making a decision on the proposed project. The Initial Study is included below and the previous environmental documents are available for review in the Community Development Department at the City of Dublin, �oo Civic Plaza, Dublin, California. 3 Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) � INITIAL STUDY This Initial Study has been prepared in accord with the provisions of the California Environmental Quality Act (�EQA) and CEQA Guidelines. It assesses the potential environmental impacts of implementing the proposed project described below and whether those impacts are adequately addressed in prior environmental reviews for the site. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. �. Project Title: General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zoi5) z. Lead Agency Name and Address: City of Dublin Community Development Department �oo Civic Plaza Dublin, CA 9456$ 3. Contact Person and Phone Number: Kristi Bascom, Principal Planner Community Development Department �925) 833-66i o 4. Project Location: Approximately �8g acres bound generally by 5tn Street to the north, Scarlett Drive to the west, Dublin Boulevard to the south, and Arnold Road to the east. APNs g86-000i-oo�- �5 (partial), g86-oo34-ooz-oo, and g86-oo34-006-00 5. Project Sponsor's Name and Address: City of Dublin Community Development Department ioo Civic Plaza Dublin, CA 94568 6. General/Specific Plan Designation: Dublin Crossing Specific Plan 7. Zoning: Dublin Crossing Zoning District 8. Surroundin land uses and settin : LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North Ag Public Lands Camp Parks South PD High Density Residential and Campus Office Residential Apartments(Transit Center) East PD Campus Office Business Park PD and Medium-High Density Residential and Combination of uses including West Light Retail/Office, apartments,service commercial,and Industrial Business Park�lndustrial and Outdoor retail uses Storage g� � � � Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) g. Other Public Agencies: None �o Other public agencies who may rely on this CEQA document: Grading and Building permits (City of Dublin) Sewer and water connections (DSRSD) Encroachment permits (City of Dublin) Notice of Intent(State Water Resources Control Board) Project Description The Dublin Crossing project site includes approximately �8g acres of land that are divided between the following property owners: �39 acres owned by the United States Army, 8.7 acres owned by the Alameda County Surplus Property Authority, and approximately 4i.9 acres owned by Dublin Crossing Venture LLC. The project area is shown below. Figure �: Vicinity Map sr �� a� � �'� �� �:.,�` � _ �� � � _ � �� °�� . e: � �. , � � Ps �? � „ ,�,n,.� ` '' . ` ;, �..-�,�..::. � 2. �: e .�� � �� 4� a .. .�w ` ��°' y p YF�ci.t�.,. I r St ,'�?.�, ..� . � x .k � r 4 7, e i .,! ' = K . s � "� � I . y � � „c j� ' � ��' � �� £ f � � r. �;� , _..' �rt � ..::v.Y a%�Po , N� �„4�14.9 '�. ... R� �� - .. . . ; ... y � . .., :.� e ...�, '.- .� �i "" f !�" .�( . ...,.. ..... . . . .. " .'. .:-� After several years of planning, analysis, and negotiations, on November 5, zo�3, the City Council approved the Dublin Crossing Specific Plan (DCSP) and associated implementation actions. The Specific Plan outlined the future development of the project area, which includes demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to �,995 single- and multi-family residential units; up to zoo,000 square feet of retail, office and/or commercial uses; a 3o acre Community Park; a 5 acre Neighborhood Park, and a �z acre school site to serve approximately goo students. 5 Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) In addition to the DCSP, amendments were a{�proved to the General Plan, the Dublin Zoning Ordinance, and Zoning Map to implement the Specific Plan. The project approvals also included the certification of the Dublin Crossing Final Environmental Impact Report (EIR). The approval actions by the City Council were formalized in Resolutions �86-�3 (EIR certification) and �87-i3 (Specific Plan approval and General Plan amendments) as well as Ordinances o7-�3 (Zoning Ordinance and Zoning Map changes) and o8-�3 (Development Agreement approval). The Dublin Crossing project includes a iz-acre school site that the Dublin Unified School District (DUSD) intends to use for a future school that can accommodate up to goo students. However, funding for new school construction is extremely limited. Despite the best efforts of our State legislative representative last year, a state ballot measure for school construction was not placed on the November zo�4 ballot, and no solutions have been proposed by Governor Brown to bridge the construction funding gap that exists between the resources local districts have to build new facilities and the actual costs to build new schools. The lack of funding support from the State means that local school districts, like DUSD, need to find alternative solutions to the now-broken State model that has funded school construction over the years. In zoi4, City Staff approached SunCal to discuss options for the City to obtain the �z-acre school site in an effort to assist DUSD. After much discussion and negotiation, SunCal and City Staff reached agreement on tentative deal terms that would allow the transfer of the future school site to the City at no cost in exchange for modifications to the entitlements for the Dublin Crossing project. The proposed changes to the Dublin Crossing Specific Plan and Development Agreement will result in the delivery of the �z acre school site to the City without increasing the current maximum number of housing units (up to �,995) allowed in the project or the maximum amount of commercial square footage allowed to be built (up to zoo,000 square feet). Additionally, the same amount of parkland will be provided, although the Neighborhood Park will now be a facility that is jointly used by both the community and the School District while the Community Park remains at 3o acres (Attachment�). The following is a description of the land use changes and modifications to the Development Agreement: General Pl_an and Specific Plan Amendments Under the proposal agreed to by City Staff and SunCal, the Dublin Crossing Specific Plan would be amended to include several land use changes that will financially benefit the Developer and allow them to transfer the school site to the City at no cost, including: • Modifying the designation of the �z acre School site to allow both school and park uses. This will allow the playground(s), recreational field(s), and other amenities to be used by both the school community as well as the residential neighborhood. • Incorporating the �.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by �.5 acres. Although this will allow the Developer more flexibility in where the residential development takes place, the Specific Plan limit of �,995 residential units will not be exceeded; and • Redesignating the �3 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard to "General Commercial/DC Medium-High Density Residential", thereby removing the requirement for both the 5 acre Neighborhood Park site and a minimum of 75,00o square feet of commercial development on this parcel within the site. Attachment � illustrates the revised Conceptual Land Use Plan 6 Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5) Eastern Dublin_Specific Plan Amen_dments A cleanup item to the Eastern Dublin Specific Plan figures is included, which will ensure that there is consistency on all figures in all documents between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area. The figures being modified are Figure 4.i (Land Use Plan), Figure 4.z (Planning Subareas), and Figure 5-3b (Circulation System) Amendment_No._� to_the Dublin__Crossing Development Agree_ment Under the proposal agreed to by City Staff and SunCal, the Development Agreement would be amended to: • Remove the requirement to provide construction funding for a 5 acre Neighborhood Park ($z.�43 million); • Remove requirement for the final Community Benefit Payment ($�.z million); and • Include language related to the no-cost transfer of the school site from the Developer to the City. �� � � 7 Initial Study�Addendum for the General Plan, Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Environmental Checklist Environmental Factors Potentially Affected by the Project The environmental factors checked below would be potentially affected by this project, involving as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/ Soils Hazards & Hazardous Hydrology/Water Land Use/ Planning Materials Quality Mineral Resources Noise Population/ Housing Public Services Recreation Transportation � Traffic Utilities/ Service Mandatory Findings of Significance Systems Instructions I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question (see Attachment A: Source List). A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that any effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. �. "Negative Declaration: Less Than Significant With Mitigation Incorporated: applies where incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact."The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. �. Earlier Analysis may be used where, pursuant to the tiering, Program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section i5o63(c)(3)(D). In this case, the checklist entry will be "No New Impact" and a discussion should identify the following on attached sheets: � � � Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and � Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) a. Earlier analysis used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. The conclusion of"No New Impact" in this Initial Study means that there are no new or substantially more severe significant environment impacts that those identified in the Dublin Crossing EIR and no other standards for subsequent or supplemental environmental review under CEQA are met. �} Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): �. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources,including but not limited to trees,rock outcroppings,and historic buildings X within a state scenic highway? c) Substantially degrade the existing visual character or quality X of the site and its surroundings? d) Create a new source of substantial light or glare,which would X adversely affect day or nighttime views in the area? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts on aesthetics�visuai resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 2. AGRICULTURE RESOURCES AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(t997)prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources,including timberland,are significant environmental effects,lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land,including the Forest and Range Assessment Project and the Forest Legacy Assessment project;and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring X Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use,or a x Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of forest land(as defined in Public Resources Code Section izzzo(g)), timberland(as defined by Public Resources Code section X 4526)or timberland zoned Timberland Production(as defined by Government Code section 5��o4(g))? d) Result in loss of forest land or conversion of forest land to x non-forest uses? e) Involve other changes in the existing environment,which due x ��a Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5) Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting information Sources): to their location or nature,could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts on agricultural or forestry resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 3. AIR QUALITY. Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air X quality plan? b) Violate any air quality standard or contribute to an existing or x projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air X quality standard(including releasing emissions,which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant x concentrations? e) Create objectionable odors affecting a substantial number of X people? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased, and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts on air quality beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate, x sensitive,or special-status species in local or regional plans, policies,or regulations,or by the California Department of Fish � �j Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin�rossing Project(zoi5) � Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or x regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including,but not limited to,marsh,vernal pool,coastal,etc.) X through direct removal,filling, hydrological interruption,or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with X established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or X ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,or X other approved local,regional,or state habitat conservation plan? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased, and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts on biological resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines section x i5o64.5? b) Cause a substantial adverse change in the significance of an x archaeological resource pursuantto section i5o64•5•' c) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d) Disturb any human remains,including those interred outside X of formal cemeteries? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan n � �� � m��, �� �z Initial Study�Addendum for the General Plan, Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Potentially Significant Potentially Unless LessThan No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts on cultural resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 6. GEOLOGY AND SOILS. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss,injury,or death involving: a) Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other x substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 4z? b) Strong seismic ground shaking? X c) Seismic-related ground failure, including liquefaction? x d) Landslides? X e) Result in substantial soil erosion or the loss of topsoil? x f) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and x potentially result in on-or off-site landslide,lateral spreading, subsidence,liquefaction or collapse? g) Be located on expansive soil,as defined in Table i8-i-B of the Uniform Building Code(i994),creating substantial risks to life X or property? h) Have soiis incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems X where sewers are not available for the disposal of wastewater. Discussion The General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts on geology and soils beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions,either directly or X indirectly,that may have a significant impact on the �� e73 � Initial Study(Addendum for the General Plan,Dublin Crossing Specific Plan,and � Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): environment? b) Conflict with an applicable plan,policy or regulation adopted for the purpose of reducing the emissions of greenhouse x gases? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to greenhouse gas emissions beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use,or disposal of hazardous X materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within'/4 mile of an x existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code x Section 6596z.5 and,as a result,would it create a significant hazard to the public or the environment?(V.i3) e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a X safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people residing or working X in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires,including where wildlands x are adjacent to urbanized areas or where residences are � � �q Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zot5) Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): intermixed with wildlands? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to hazards or hazardous materials beyond those already analyzed in the Dublin Crossing EIR, and therefore no new impacts would result. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge x requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level(for example,the production x rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a X stream or river,in a manner,which would result in substantial erosion or siltation on-or off-site. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of X surface runoff in a manner,which would result in flooding on- or off-site. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems X or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? X g) Place housing within a ioo-year flood-hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate X Map or other flood hazard delineation map? h) Place within a ioo-year flood-hazard area structures,which X would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of X the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow? X � � � � �, Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,�and � Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): Discussion All future construction will need to comply with the requirements of the Regional Water Quality Control Board as well as all City of Dublin stormwater treatment and water quality requirements. The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(ZOiS)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to hydrology and water quality beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. io. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan,specific plan,local coastal x program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable Habitat Conservation Plan or x Natural Community Conservation Plan? Discussion The Dublin Crossing Specific Plan and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)are in conformance with the General Plan,as amended,and the City's other specific plans,as appropriate. There is no adopted Habitat Conservation or Natural Community Conservation Plan anywhere in the�ity of Dublin. The General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to land use and planning beyond those already analyzed in the Dublin Crossing EI R,and therefore no new impacts would result. ��. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the x state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, X specific plan,or other land use plan? , ���,�� ���� ��. � � � rG Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Potentially Significant Potentially Unless LessThan No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): Discussion There are no known mineral resources within the City of Dublin or designated in the General Plan or other land use plan, and therefore there would be no impact. �2. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise x ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground X borne vibration or ground borne noise levels? c) Substantial permanent increase in ambient noise levels in the x project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the x project? e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people x residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip,would the project expose people residing or working in the project area X to excessive noise levels? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to noise beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. �3. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area,either directly(for example, by proposing new homes and X businesses)or indirectly(for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c) Displace substantial numbers of people,necessitating the X construction of replacement housing elsewhere? ,�.� � � � � � �������� � ,���� � � �� Initial Study�Addendum for the General Plan, Dublin Crossing Speafic Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to population and housing beyond those already analyzed in the Dublin Crossing EI R,and therefore no new impacts would result. i4. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or need for new or physical altered governmental facilities, the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times,or other performance objectives for any of the public services: a) Fire protection? X b) Police protection? X c) Schools? x d) Parks? X e) Other public facilities? X Discussion New construction projects are required to comply with applicable building,safety,and fire codes,fund on-and off-site improvements,and contribute to the City's public facilities fees commensurate with the type,size and scope of the project. The General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the amount of parkland provided with the project satisfies the requirements of the City's Parks and Recreation Master Plan,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to public services beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an x adverse physical effect on the environment? Discussion m �, � . � �� �..�,�,,�� � r�3 Initial Study�Addendum for the General Plan, Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) Potentially Significant Potentially Unless Less Than No Impact/ ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New Issues Incorpor. Impact Impacts Issues(and Supporting Information Sources): The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development,or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a substantial modification,the amount of parkland provided with the project satisfies the requirements of the City's Parks and Recreation Master Plan,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to recreation beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. �6. TRANSPORTATION�TRAFFIC. Would the project: a) Conflict with an applicable plan,ordinance,or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized X travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways, pedestrian and bicycle paths,and mass transit? b) �onflict with an applicable congestion management program, including,but not limited to level of service standards and travel demand measures,or other standards established by X the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in X substantial safety risks? d) Substantially increase hazards due to a design feature(for example,sharp curves or dangerous intersections)or X incompatible uses(for example,farm equipment)? e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans,or programs supporting regarding public transit,bicycle,or pedestrian facilities, or x otherwise decrease the performance or safety of such facilities? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to public services beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. �, , �,.. � �.�, � ��� � �� ���,���, �rj Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5) � �6. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable x Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities,the construction or which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the X construction of which could cause significant environmental effects d) Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or x expanded entitlements needed? e) Result in a determination by the wastewater treatment provider,which serves or may serve the project that it has X adequate capacity to serve the project projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g) Comply with federal,state,and local statutes and regulations X related to solid waste? Discussion New construction is required to contribute to the City's impact fees to fund public service infrastructure commensurate with the type,size,and scope of the new construction. The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the n�mber of students expected to be served by the school has not changed. Therefore,the project would not have any impacts related to utilities and service systems beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result. i7. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project: a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal X community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of�alifornia history or prehistory? b) Have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable" means that the X incremental effects of a project are considerable when viewed in connection with the effects of the past projects,the effects zo Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5) of other current projects,and the effects of probable future projects.) c) Have environmental effects,which will cause substantial x adverse effects on human beings,either directly or indirectly? Discussion The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan area,substantively modify any land use districts or designations in order to allow more development or a higher intensity of development, or introduce any new project attributes that were not present at the time the original project was analyzed and the Dublin�rossing FEI R certified. The change in location of the future neighborhood park is not a substantial modification,the amount of parkland provided with the project satisfies the requirements of the City's Parks and Recreation Master Plan,the circulation system remains the same,the number of allowable residential units has not increased,the amount of allowable commercial square footage has not increased,and the number of students expected to be served by the school has not changed. Therefore,the project would not have any beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result,no additional environmental degradation would take place,no new cumulatively considerable impacts would be caused,and no new environmental effects not already studied would be present. ��u� � z� � Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5) �� � �}�' ' 1 ��- h{; � �` ' �,n���"r",�� � ��,� iyk.y'=3N ;� ,.�: .�".� �- � "'� � '` �' `�?�' �r�inJ�aimiH�b�i 4m�'w,�a�� f ��. 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'a''�'- w p� � 0 ' �, ;� ' � 2 F� - . e �nc,. � ti , F- 2 2 �"��� �_"�� x 5� a� i� '��: �". � � ° Q W � � ��. e w':' r 4#d,:°W����. � i WW W � � � } � x ` ^,` ��; � � � 2 a �k_I �».�:"' i � � � � � �-����r� �- � � "��: f, �� b � y J J `� e ,��` , > W � Q �� d ..� �,� a•. � m H y� ���'�'�"i�`,r,y.� �;o- '� � �' N � W W � ���� 1 ,�",a� .,�1 �i +,a+�" ` Z Z v ' ' ii ' � � ���- �,��. W C7 � � �'i. � .�� s ��,��.�' ��� � Z O O � �� "�' � ,� a: � � U U �:'�,1�� �'e� ��� " ��� ,�`�`,� ; �<° . � , > > � .� . r" 1 �_�r � � J J r'�' � � 0 Q Q b: � � W W - s .. . �. ��� `.�� �r ' �„i, v� 'I: � � Z Z v �''� i � ��� ��°1s� ..� � Q � . Y U U W W Z � 0 (7 (7 W � � J EXHIBIT A-2 STATEMENT OF OVERRIDING CONSIDERATIONS 1. General. Pursuant to CEQA Guidelines Section 15093, the City Council of the City of Dublin makes the following Statement of Overriding Considerations. The City Council has balanced the benefits of the 2013 Dublin Crossing Specific Plan project (Project) to the City of Dublin against the significant adverse impacts identified in the Environmental Impact Report (EIR) that cannot be reduced to less than significant through feasible mitigations or alternatives. Pursuant to Section 15093, the City Council determined that the benefits of the Project outweighed the adverse impacts as part of its resolution certifying the EIR and adopting environmental findings and a Statement of Overriding Considerations on November 5, 2013 (via Resolution 186-13). The City Council is now considering the environmental impacts of the project as revised by the amendments to the General Plan, Dublin Crossing Specific Plan, Crossing Development Agreement and Eastern Dublin Specific Plan in reaching its decision to approve the Revised Project. A CEQAAddendum, dated April 21, 2015 has been prepared that documents that there are no new or substantially more severe significant impacts resulting from the Dublin Crossing Specific Plan Amendment (2015) — Revised Project— as compared to the Dublin Crossing Specific Plan Project (2013) — Original Project. Even with mitigation, the City Council recognized that implementation of the Revised Project carries with it unavoidable adverse environmental effects as identified in the EIR. The City Council specifically finds that to the extent the identified significant adverse impacts for the Project are not reduced to acceptable levels through feasible mitigation or alternatives, there are specific economic, social, land use and other considerations that support approval of the Revised Project. 2. Siqnificant Unavoidable Adverse Impacts. The following significant unavoidable air quality and traffic impacts are associated with the Revised Project as identified in the EIR. Short-term Construction Air Quality — The proposed project would result in future short- term air quality impacts associated with construction activities, including grading, operation of equipment, and demolition of existing structures within the project area. The BAAQMD requires the construction mitigation measures to be implemented at all construction sites, regardless of size. However, as the proposed project would facilitate future development and generate construction emissions that could potentially exceed BAAQMD thresholds, a significant unavoidable impact would occur. (Impact 3.2-1.) Lonq-term Operational Air Quality —The total unmitigated operational emissions associated with buildout of the proposed project would exceed the BAAQMD thresholds for ROG, NOx, PM10, and PM2.5. With application of the measures/design features regarding area and mobile source emissions within the Specific Plan, operational 1 ATTACHMENT 5 ��( .p•2„ emissions would still exceed the thresholds for ROG, NOx, and PM10. The proposed project could also result in exposure of sensitive land use in excess of applicable Toxic Air Contaminant standards, even with mitigation. Therefore, these would be considered significant and unavoidable impacts. (Impacts 3.2-3, 3.2-5.) Lonq-term Operational Impacts to Freeway Ramps — The proposed project would result in a significant impact to the following freeway ramps: Southbound Hacienda Drive to I- 580 Eastbound On-ramp under project and cumulative conditions and Southbound Tassajara Road to I-580 Westbound On-ramp under cumulative conditions. Mitigation measures 3.12-7 would require modification of the ramp metering rates so that more vehicles could access the freeway. However, the freeway ramps are operated by Caltrans, which sets metering rates based on overall operations in the freeway corridor. As the cities surrounding the I-580 corridor continue to build out and additional parallel east/west connectors such as the Stoneridge Drive and Dublin Boulevard extensions are completed, it is likely that the ramp meter rates would change over time to accommodate the demand on both the freeway ramps and freeway segments. Because the future metering rates cannot be predicted with certainty, the project impacts to freeway ramps would be considered a significant and unavoidable impact. (Impact 3.12- 7.) 3. Overridinq Considerations. The City Council has carefully considered each impact in reaching its decision to approve the Revised Project. The City Council now balances those unavoidable impacts against its benefits, and hereby determines that the unavoidable impacts are outweighed by the benefits of the Revised Project as further set forth below. Any one of these benefits is sufficient to justify approval of the Revised Project. The substantial evidence supporting the various benefits can be found in the record as a whole. The Revised Project will facilitate development of an infill area, fully served by public utilities, and convenient to major arterials, services, BART and public transit. The Revised Project includes medium and medium-high density residential and commercial uses to make more efficient use of its infill location and proximity to transit facilities. The Revised Project will allow the City to assist the School District in acquiring a site for a school in the project area to serve the community. The Revised Project includes design standards for residential and commercial uses as well as streetscapes that will result in an attractive and vibrant community. The Revised Project emphasizes higher density, compact development patterns appropriate to its location near the BART station and the Iron Horse Trail where a diverse mix of uses would be readily accessible through alternative transport modes. It also emphasizes pedestrian level development where walking and bicycling would be safe, feasible alternatives to automobile trips within the Project area and to or from nearby neighborhoods, transit and commercial uses. Development standards and design guidelines provide measures for ensuring attractive, visually appealing development of private projects and public spaces. 2 The Revised Project includes a significant residential component that will assist the City in meeting its Housing Element RHNA goals. The potential housing will be at densities complementary to existing residential and non-residential uses in the area. The Project will also provide funding for future construction and maintenance of a 30-acre community park and 5-acre joint-use neighborhood park. This amount of parkland and funding exceeds what the Project would otherwise be required to provide. The Project provides an elementary school site. In addition, the developers will contribute $17.5 million to the City for use on municipal capital projects and other benefits as part of the Development Agreement relating to the Project. The Project includes the potential for up to 200,000 square feet of revenue producing commercial development that will create new jobs and sales and property taxes. The Project is also expected to have a fiscally beneficial impact on the City's financial and services resources, estimated by the City's financial consultant to be a net benefit of over $100,000 annually upon full build out. Future development of the site will provide construction employment and permanent employment opportunities for Dublin residents. The Project provides an effective means to implement the City's objectives for the area, as described in the Specific Plan and EIR. For all of the above reasons, the benefits of the Revised Project outweigh its significant unavoidable air quality and traffic impacts. 2438727.1 3 May 12, 2015 C O1' D/j6,ej19 '—� 8'2�LIFoO\ SB 343 Senate Bill 343 mandates supplemental materials that have been received by the Community Development Department that relate to an agenda item after the agenda packets have been distributed to the Planning Commission be available to the public. This document is also available in the Community Development Department, the Dublin Library, and the City's Website. The attached document was received in the Community Development Department after distribution of the May 12, 2015 Planning Commission meeting agenda packet. 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