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02-11-2014 - Agenda PacketPlanning Commission Regular Meeting City of Dublin February 11, 2014 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 – January 28, 2014 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 PLPA-2013-00063 Guns, Fishing, and Other Stuff Minor Use Permit to establish a parking requirement for an indoor shooting range which is classified in the Zoning Ordinance as an Indoor Recreational Facility. 8.2 PLPA 2013-00033 Dublin Ranch Subarea 3 Development Agreement between the City of Dublin and Lennar Homes of California, Inc. 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 th an 72 hours prior to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Department. (OVER FOR PROCEDURE SUMMARY) //( 1 19 ��• 82 STAFF REPORT 41>>/ PLANNING COMMISSION ro� DATE: February 11, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2013-00063 Guns, Fishing, and Other Stuff Minor Use Permit Report prepared by Seth Adams, Assistant Planner EXECUTIVE SUMMARY: • The Applicant rkin requirement for is requesting approval of a Minor Use Permit to establish a parking re q an indoor shooting range which is classified in the Zoning Ordinance as an Indoor Recreational Facility. An indoor shooting range is a permitted use; however, a parking standard for the use is not specifically listed in Chapter 8.76 (Off-Street Parking and Loading Regulations) of the Dublin Zoning Ordinance. The establishment of a parking standard is through a Minor Use Permit. 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 a Resolution approving a Minor Use Permit to establish a parking requirement for an indoor shooting range (Indoor Recreational Facility) at 6705 Amador Plaza Road. f 1 Submitted By I R wed By Assistant Planner Assistant Community Development Director COPIES TO: Applicant File ITEM NO.: �• Page 1 of 6 G:IPA#120131PLPA-2013-00063 Indoor Shooting Range Parking MUPIPC 2.11.141PCSR Guns Fishing 2 11 14.docx DESCRIPTION: Figure 1: Vicinity Map The project site is located at 6705 , , "•,,,. '..". - .°!"Y'' 07. Amador Plaza Road. The site \` ' ' ` --- has a General Plan land use Safeway . _ :X : ,,. ":`. -.• •designation of Downtown Dublin •;; .. Transit-Oriented District, and is -1 - ; , h:' located within the Downtown - 1 ' t Hwy Wit. Dublin Specific Plan Area and Zoning District. The project site is V'. approximately 4 acres in size and iii,, 'is part of the larger Enea Plaza 5 ,. "` ' c,k' •,. ::. s Y V shopping center which comprises g w `" _.i. three additional and separate *� , `' parcels to the west and southwest e...A of the project site. The project site contains three a , 1 + '-a v,a, r , ';ma '.. y- existing buildings: an ,•� �' , .� 1a1a�` . `'' rj,.,-., 1 approximately 16,000 square foot • .•- .-' •• building occupied by Bank of ' r -s '' -�` �'` �` �� America and Thomasville _:,. - ,4,:. _ ► - • ,'- `" - s '• Furniture; an approximately 2,000 "- square foot building occupied by ,,,,,'-jr'. . , t k Rigatoni's restaurant; and an '' ,• Wyk -approximately 28,000 square foot - building that is presently vacant but will be occupied by the Applicant's retail business, Guns Fishing and Other Stuff. Surrounding land uses include the Safeway grocery store to the north on the opposite side of Dublin Boulevard, retail stores to the west including Big 5 Sporting Goods, the Chrysler auto dealership to the south, and Highway 680 to the east. Access to the project site is provided by existing driveways on Amador Plaza Road and Dublin Boulevard. The project site is depicted in Figure 1. The Applicant proposes to operate an indoor shooting range within an existing vacant 28,000 square foot building whose primary use will be as a retail store selling sporting goods such as firearms and hunting and fishing equipment (Attachment 1). The shooting range will occupy approximately 5,300 square feet of the building interior and consist of 12 firing points (Attachment 2). Customers will enter the shooting range through a door located on the south elevation of the building. The door will lead into a lobby area that is separated from the retail sales floor, and the range will be operated by two employees dedicated to that function. The Dublin Zoning Ordinance classifies indoor shooting ranges as Indoor Recreational Facilities. Indoor Recreational Facilities are permitted in the Downtown Dublin Zoning District, subject to approval of a Zoning Clearance if they can meet adopted development standards, or a Minor Use Permit to deviate from the development standards. The development standards include a requirement that the use meet the parking requirement without any adjustments, reductions or variances. Chapter 8.76 (Off-Street Parking and Loading Regulations) of the Dublin Zoning Ordinance sets forth the parking requirements by Use Type; however, it does not have a parking requirement for an indoor shooting range. In such cases, the parking requirement is established through a Minor Use Permit. Accordingly, the Applicant is requesting approval of a Minor Use Permit to establish the parking requirement for the indoor shooting range. 2 of 6 The Zoning Ordinance designates the Community Development Director as the decision-maker on Minor Use Permit applications (Section 8.102.070)., The Zoning Ordinance allows the Community Development Director to refer applications to the Planning Commission for a decision at a Public Hearing. In accordance with State law, a public notice was mailed on December 11, 2013 to all property owners and occupants within 300-feet of the project site to notify them that the Community Development Director was considering an application to establish a parking requirement for an indoor shooting range and that the 10 day public comment period was commencing. During the 10 day public comment period the City received several comments from Dublin residents and/or property owners (Attachment 3). The comment letter received from Mr. Robert Enea focused on the proposed parking requirement for the indoor shooting range.The rest of the comments were written either in opposition to, or in support of the use itself. However, as noted earlier, the use of an indoor shooting range is considered to be an Indoor Recreational Facility and Indoor Recreational Facilities are a permitted use in the Downtown Dublin Zoning District with approval of a Zoning Clearance or Minor Use Permit. The subject of this application is not the use. This purpose of this application is to establish a parking standard for the use. The decision to approve or deny this application is based solely on the merits of the proposed parking standard and not whether the use itself should be allowed. Due to the comment letter on the proposed parking requirement, and due to the clear public interest in the project, this Minor Use Permit is being referred to the Planning Commission for a decision in accordance with Section 8.102.070 of the Dublin Zoning Ordinance. ANALYSIS: Minor Use Permit to Establish a Parking Requirement The Applicant is proposing to operate an indoor shooting range inside of a retail sporting goods store. Retail uses are permitted by-right within the Downtown Dublin Zoning District and Indoor Recreational Facilities are permitted subject to approval of a Zoning Clearance if they can meet adopted development standards or a Minor Use Permit to deviate from those standards. Since one of the development standards is that the use meets the parking requirement without any adjustments, reductions or variances, and the Zoning Ordinance does not contain a parking requirement for an indoor shooting range, the City must first establish the parking requirement. In terms of published data on parking for indoor shooting ranges, the City's Senior Civil Engineer (Traffic) found very limited information; however, the National Rifle Association's (NRA) Range Source Book contains all of the guidelines recommended by the NRA for constructing and operating shooting ranges. The Range Source Book recommends 1.5 parking spaces for each firing point at a shooting range. In order to gain additional data the City's Senior Civil Engineer (Traffic) reached out to the Institute of Traffic Engineers online members forum, and in response received similar parking ratio recommendations from other traffic engineers that have indoor shooting ranges in the jurisdictions in which they work. The proposed indoor shooting range will have 12 firing points and would therefore require 18 parking spaces using a standard of 1.5 parking spaces per firing point. As previously noted, the shooting range will be operated by two employees at all times, therefore the City's Senior Civil Engineer (Traffic) recommends that parking spaces be required for those two employees, thus bringing the total recommended parking requirement for the indoor shooting range to 20 parking spaces (Attachment 4). 3 of 6 Next Steps An Indoor Recreational Facility is permitted in the Downtown Dublin Zoning District subject to approval of a Zoning Clearance if it meets the development standards. Once the parking standard has been established Staff will confirm if there is enough parking on-site to support the use. If they can meet the parking requirement the Applicant can apply for a Zoning Clearance to establish the use. Pursuant to Section 8.70.040.A of the Zoning Ordinance, the Zoning Clearance would be approved ministerially and without discretionary review or a public hearing if the use meets all of the adopted development standards. With the proposed parking standard of twenty spaces, there is adequate parking on the subject parcel to support the proposed use. ENVIRONMENTAL REVIEW: 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 when applicable, environmental documents prepared. Staff recommends that the proposed parking requirement be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the adoption of a parking requirement will not have a significant effect on the environment. The adoption of the proposed parking requirement does not, in itself, allow the construction of any building or structure, but it sets forth the required parking that shall be provided if and when the Indoor Recreational Facility (indoor shooting range) is established. This parking requirement of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The Project site has a General Plan Land Use Designation of Downtown Dublin — Transit- Oriented District which allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. The Project is consistent with the Downtown Dublin Zoning District in that Indoor Recreational Uses are permitted in the Downtown Dublin Zoning District with the approval of a Zoning Clearance or Minor Use Permit. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The project consists solely of the establishment of a parking requirement for an indoor shooting range. Accordingly, the Public Works Department has reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed on December 11, 2013 to all property owners and occupants within 300-feet of the proposed project to notify them that the Community Development Director was considering an application to establish a parking requirement for an Indoor Recreational Facility (indoor shooting range). During the ten day public comment period, the City received several comments from Dublin residents and/or property owners. Due to the comments received and the clear public interest in the project, the Minor Use Permit was referred to the Planning Commission for a decision in accordance with Section 8.102.070 of the Dublin Zoning Ordinance. A Public Notice for the Planning Commission hearing was mailed to all property owners and occupants within 300-feet of the proposed project. A notice was also published in the Valley Times, posted at several locations throughout the City, and provided to 4 of 6 those people that previously provided comments on this application. A copy of this Staff Report was provided to the Applicant and posted to the City's website. ATTACHMENTS: 1) Applicant's Written Statement 2) Project Floor Plan 3) Copies of public comments received 4) Parking Assessment Memorandum for Guns, Fishing and Other Stuff, Inc. Minor Use Permit, dated November 27, 2013 5) Resolution approving a Minor Use Permit to establish a parking requirement for an indoor shooting range (Indoor Recreational Facility) at 6705 Amador Plaza Road. 5 of 6 GENERAL INFORMATION: APPLICANTS: William and Travis Morgan, Guns, Fishing & Other Stuff, Inc., 1297 Butcher Rd., Vacaville, CA 95687 PROPERTY OWNER: Geri Goodell, St. Michael's Investments, LP, 31190 Calle Cayuga, Cathedral City, CA 92234 LOCATION: 6705 Amador Plaza Road ASSESSORS PARCEL NUMBERS: 941-1500-038-03 GENERAL PLAN DESIGNATION: Downtown Dublin Transit-Oriented District SPECIFIC PLAN DESIGNATION: Downtown Dublin Specific Plan, Transit-Oriented District ZONING: Downtown Dublin Zoning District (DDZD) SURROUNDING USES: LOCATION ZONING GENERAL PLAN CURRENT USE OF LAND USE PROPERTY North DDZD Downtown Dublin Retail Retail District South DDZD Downtown Dublin Auto dealership Transit-Oriented District West DDZD Downtown Dublin Retail Transit-Oriented District East N/A N/A Highway 680 6 of 6 Dear Sirs; We are looking to open a Hunting and Fishing store with a indoor shooting range.We will be employing about 30 employees.Our store hours will be 9-8 seven days a week.We do not see any way that our business will negatively impact the health or safety of the vicinity or be a public health,safety or general welfare of the public. We are leasing an existing building and there will be no exterior changes to it.This is a standalone building and is very suitable for the use we propose.Sense no changes are planned for the exterior of the building the view will not be changed.There are no physical changes to the exterior grade. The design theme for the building is a retail Hunting and Fishing store with a shooting range that is compatible with the store.This will be done in a western theme with taxidermy and photos to compliment the use.This is a existing building that has been located here for many years.The building is not located on a hazardous waste site. RECEIVED OCT 252013 DUBLIN PLANNING ATTACHMENT 1 o , m e m I 3 1 v i 11 1 1 1 111_--,,--- 1 , 1 Al\ il 1 Ii) ,' , i 1 ! 1 1 i . 11 1 1 1 1 11 1 1 1'1 1 1 1 1 P 4 11 I ! I II 11 i ! 1 s ' II 4 1 -Ir�it �z :I II 1 °1� I O r dz l A QN — — — — Nh — 1 1 1 1 Dz IP O" I 1 w N I i N Z I, II I I I i i II • .0071186 Lae( il — — — mil! ' ! HP / �!I 1� ! !!I II 5,1 I I I � h 11 N 1 I . __ - _J ._I _ T. i 11 N 1 1 F.1 T,€ °--- _ - —» Iio1 III - � 11 I 1 1 11 1 ill i 4 I1 1 ! I 1 1 1H, 1 q 11 I ai I 1 !I H I 1 1 3_° I 1 11 11 1 1 , x .. 1 1 i — g m 1 e J I I C C I Wo m 37 ail' m m 3 m D a Da a D 8 4 <. — coD n D v 0 _mc0 5,3 O a N r O ci�0 '--°m 3L7 [ ? z 0 ° g$ i Dmmc ON 8. Ts '1,� w 9 A cD 5 m mm _.0 m =w 1 ATTACHMENT 2 i ,. V$ ,, 3 e._S i JGND. F.E.6' N 9 wkw.° iii Seth Adams Subject: FW: PLPA-2013-00063 From: Robert S.Enea Sent: Sunday, December 15, 2013 2:50 PM To: Luke Sims Subject: PLPA-2013-00063 Hi Luke, I own part of the shopping center across the street from the former Goodguys Building. Please note my property does not have an existing reciprocal parking agreement with the applicant's property, therefore no allocation of my parking spaces should be used to calculate off-site parking availability. I just received this notice on Friday, December 13th and have several questions, concerns and comments: 1.) Why wasn't a parking required to determine the impact of the proposed use? 2.) The last "Indoor Recreational Facility" use that was proposed at this site was denied by the planning commission for related parking and safety issue. 3.) In the past the City has determined offsite parking at this site is unsafe because of the heavy traffic generated on Amador Plaza Road by the off/on ramp and the BART station. 3.) Why would the current proposed use be deemed a "Minor Use Permit" and not subject to public hearing? In the last several years a health club was proposed at this site and rejected by the Planning Commission because there was not enough onsite parking to support that use. Also in the last several years a Bowling Alley was proposed on the site and rejected by the Planning Commission because there was not enough onsite parking to support that use. In the past, Public Works and Planning have determined that any use proposed on the subject site must be able to accommodate 100% of the parking requirement onsite. Without the benefit of site specific parking study, how can you make the determination that the proposed "Indoor Recreational" can in fact be parked 100% onsite? Please contact me at your earliest convenience. Best Regards, Robert Robert S.Enea Enea Properties Company einginaffinijniMie 1 ATTACHMENT 3 IPINIIMIMMINS IIIIMINIPIMIININOr 2 Seth Adams Subject: FW: Comments on Project PLPA-2013-00063 From: Tejas Saraiya ] Sent: Tuesday, December 17, 2013 10:58 AM To: Jeff Baker; Luke Sims Subject: Comments on Project PLPA-2013-00063 To City of Dublin Community Development Department: I would like to express my concern about PROJECT: PLPA-2013-00063 Guns, Fishing, and Other Stuff Minor Use Permit. I believe this permit should not be approved for the following reasons: * It conflicts with the City of Dublin's own branding initiative (http://www.ci.dublin.ca.us/CivicAlerts.aspx?AID=925) * Even gun enthusiasts are speaking out against the the applicant "Guns, Fishing, and Other Stuff' (http://www.calguns.net/calgunforum/showthread.php?t=866016) Thank you for your consideration. Tejas Saraiya Fortezza Ct i Seth Adams Subject: FW: indoor shooting rang From: Rohit Vij Sent: Tuesday, December 17, 2013 2:37 PM To: Jeff Baker; Luke Sims Subject: indoor shooting rang Hello Jeff and Luke, I would like to express my support for having an indoor shooting range in Dublin. Simply for the sake of this being an interesting activity, and there is none in this area. It will put Dublin on the map of a lot of enthusiasts. Thanks, Rohit Vij Dublin, CA 94568 Founder and Administrator, local community Portal: Proposed indoor shooting range in Dublin (comments due 12/20/13) * Please send comments to Jeff.Bakera,dublin.ca.gov and luke.sims(c dublin.ca.gov or(925) 833-6610 1 Seth Adams Subject: FW: Proposed indoor shooting range. From: Ramesh Sudini [ Sent: Tuesday, December 17, 2013 3:58 PM To: Jeff Baker - Subject: Proposed indoor shooting range. Dear Mr Baker, I would like to oppose the proposed "Indoor shooting range". Please let me know if I need to do anything more to get my voice heard. Thank you Ramesh Sudini i Seth Adams Subject: FW:Against Shooting range From: Suraj Dudhoria E ] Sent: Tuesday, December 17, 2013 4:05 PM To: Luke Sims; Jeff Baker Subject: Against Shooting range As Dublin homeowners,we are against the proposed shooting range in Dublin. We do not feel that Dublin is suitable location for the proposed range. Suraj & Nlharika Dudhoria Dublin, CA 94568 1 Seth Adams II Subject: FW: Comments - Proposed indoor shooting range in Dublin From: Nitesh Gandhi [ Sent: Tuesday, December 17, 2013 4:55 PM To: Jeff Baker; Luke Sims Subject: Comments - Proposed indoor shooting range in Dublin Dear Sir, I am a resident of Dublin Ranch and writing this email to request your kind attention to our concerns on a proposed indoor shooting range in Dublin, California. There are 3 to 4 Elementary schools close to our community (Kolb, John Green, etc.)and we are quite concerned about having a shooting range in Dublin, close to our home or schools. I know that this indoor shooting range may not mean that our safety is compromised but still this creates a risk to our family and peace. We request you to deny this application from anyone trying to set up this facility considering larger interest of the community. This facility should be allowed only close to a police station and that will ensure strict compliance with the rules and regulations and not next to a residential community. We appreciate your kind attention to our concerns. Thanks! Nitesh 1 Seth Adams Subject: FW: Shooting range From: Jeevan Vaidya Sent: Wednesday, December 18, 2013 6:57 AM To: Jeff Baker; Luke Sims Subject: Shooting range I have been a homeowner in Dublin for almost 10 years now, and a shooting range is certainly NOT the kind of business I want to see in my town. Jeevan Vaidya i E or DUB��6 ' ��� Public Works Department B 1=i1�7 8Z,� MEMORANDUM IFORo DATE: November 27, 2013 TO: Seth Adams, Assistant Planner FROM: Obaid Khan, Senior Civil Engineer (Traffic/Transportatio , Gi 1' Parking Assessment for Guns, Fishing,and Other Stuff, Inc. SUBJECT: Minor Use Permit PLPA-2013-00063 The Applicant is proposing an approximately 5,300 square foot indoor firearms shooting range. The range will be constructed within an existing building that measures a total of approximately 28,400 square feet. The shooting range comprises 12 individual firing "lanes" that customers will pay to use for target practice. The remaining 23,100 square feet of the building will be used as a retail store selling firearms and fishing equipment. The retail store and shooting range will be under the same ownership and management and will be open concurrently from 9:00 a.m. to 8:00 p.m. seven days a week. Retail uses are permitted by-right within the Downtown Dublin Zoning District, but the shooting range is classified as an Indoor Recreational Facility use type which is subject to a Zoning Clearance Permit if the use can meet the regulations and development standards specified in the City of Dublin Zoning Ordinance, or a Minor Use Permit if it cannot meet the regulations and development standards for approval through a Zoning Clearance. One of the development standards for approval of an Indoor Recreational Facility Zoning 'Clearance is that the use meets the required parking without any adjustments, reductions, or variances. The City of Dublin Zoning Ordinance does not provide a parking standard for an indoor shooting range, and as such one needs to be determined. The process by which this is accomplished is through a Minor Use Permit. In terms of published data on parking for indoor shooting ranges there is relatively little to be found. However, the National Rifle Association of.America's (NRA) Range Source Book contains all of the guidelines the NRA recommends for constructing and operating shooting ranges. The Range Source Book recommends that parking lots•for shooting ranges contain 1.5 spaces per firing point. The proposed indoor range will have 12 firing points/lanes and would therefore require 18 parking spaces using the NRA's recommendation. In addition to the customers that are using the shooting range there will be two employees dedicated to operating the range at all times, and as such it makes sense to require an additional two parking spaces for said employees. To acquire further input from other professionals, staff reached out to the Institute of Transportation Engineers online members' forum and found similar parking ratio recommendations. G:\DEVELOPMENT,PRIVATE\Indoor Shooting range\Parking Memo 11 27 13.doc ATTACHMENT 4 • In conclusion, it is recommended that the parking requirement for the proposed indoor shooting range be 20 parking spaces. If you have any questions please let me know. • G:\DEVELOPMENT,PRIVATE\Indoor Shooting range\Parking Memo 1127 13.doc RESOLUTION NO. 14-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A MINOR USE PERMIT TO ESTABLISH A PARKING REQUIREMENT FOR AN INDOOR SHOOTING RANGE (INDOOR RECREATIONAL FACILITY) AT 6705 AMADOR PLAZA ROAD (APN 941-1500-038-03) PLPA-2013-00063 WHEREAS, William and Travis Morgan of Guns, Fishing, and Other Stuff (Applicants) have requested approval of a Minor Use Permit to establish a parking requirement for an indoor shooting range (Indoor Recreational Facility) at 6705 Amador Plaza Road; and WHEREAS, an indoor shooting range is classified as Indoor Recreational Facility; and WHEREAS, Chapter 8.76 of the Zoning Ordinance establishes parking requirements by use type; and WHEREAS, Chapter 8.76 does not contain a parking requirement for an indoor shooting range; and WHEREAS, a Minor Use Permit to establish a parking requirement is required for Indoor Recreational Facility uses when Chapter 8.76 (Off-Street Parking and Loading Regulations) of the Dublin Zoning Ordinance does not contain a parking requirement for the specific Indoor Recreational Facility use; and WHEREAS, a parking study was conducted by the City's Senior Civil Engineer (Traffic) and a parking requirement recommendation of twenty (20) spaces was given as a result of that study; and WHEREAS, the Project is located in the Downtown Dublin Zoning District, in which an indoor shooting range (Indoor Recreational Facility) is permitted by-right subject to the approval of a Zoning Clearance; and WHEREAS, in accordance with Section 8.96.020.0 of the Dublin Municipal Code, the Community Development Director is referring decision-making authority on the Project to the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts; and WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) because it can be seen with certainty that the adoption of a parking requirement will not have a significant effect on the environment. The adoption of the proposed parking requirement does not, in itself, allow the construction of any building or structure, but it sets forth the required parking that shall be provided if and when the Indoor Recreational Facility (indoor shooting range) is established. This parking requirement of itself, ATTACHMENT 5 therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Minor Use Permit; and WHEREAS, the Planning Commission held a public hearing on said application on February 11, 2014 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations and testimony herein above set forth and used their independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Minor Use Permit to establish a parking requirement for an Indoor Recreational Facility (indoor shooting range): A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is the establishment of a parking requirement for an Indoor Recreational Facility (indoor shooting range) which is a permitted use in the Downtown Dublin Zoning District subject to the issuance of a Zoning Clearance; 2) the parking requirement will support the use and ensure that an adequate number of parking spaces are provided to meet the greatest demands of the Indoor Recreational Facility (indoor shooting range); and 3) all parking will be provided on-site and in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for shared parking in that: 1) a parking study was prepared by the City's Senior Civil Engineer (Traffic) to establish the parking requirement for the Indoor Recreational Facility (indoor shooting range) use in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations); and 2) based on the recommendation and conclusion of the City's Senior Civil Engineer (Traffic), the Project will ensure that an adequate number of parking spaces are provided to support the proposed indoor shooting range. C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the establishment of a parking requirement for an Indoor Recreational Facility (indoor shooting range) will support a use which is permitted by-right and ensure that an adequate number of parking spaces are provided; and 2) all required parking will be provided on the Project site. D. It will not be injurious to property or improvements in the neighborhood in that: 1) a parking study was prepared by the City's Senior Civil Engineer (Traffic) to establish the parking requirement for the Indoor Recreational Facility (indoor shooting range) use in 2 of 6 accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations); and 2) a Condition of Approval has been placed on the Project to ensure that all of the required parking spaces for the indoor shooting range shall be provided for the life of the use. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) the establishment of a parking requirement for an Indoor Recreational Facility (indoor shooting range) will not alter existing pedestrian or vehicular access to the site which is provided on Amador Plaza Road and Dublin Boulevard; and 2) the establishment of a parking requirement for an Indoor Recreational Facility (indoor shooting range) will not alter existing public utilities, services or infrastructure. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the establishment of a parking requirement for an Indoor Recreational Facility (indoor shooting range) will not alter existing pedestrian or vehicular access which is provided to the site from sidewalks on Amador Plaza Road and Dublin Boulevard; and, 2) all required parking will be provided on the Project site. G. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the establishment of a parking requirement for an Indoor Recreational Facility (indoor shooting range) is consistent with Chapter 8.76 (Off-Street Parking and Loading Regulations) which requires that a parking requirement be established through the Minor Use Permit process for those Indoor Recreational Facilities which do not have an adopted parking standard; 2) the parking requirement will support a use that is permitted by-right in the Downtown Dublin Zoning District; and, 3) all required parking will be provided on the Project site. H. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the establishment of a parking requirement for an Indoor Recreational Facility (indoor shooting range) is consistent with the General Plan Land Use designation of Downtown Dublin Transit—Oriented District and the Downtown Dublin Specific Plan Area both of which allow a range of residential, commercial, and mixed uses including Indoor Recreational Facilities. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Minor Use Permit to establish the parking requirement for an Indoor Recreational Facility (indoor shooting range) at 6705 Amador Plaza Road, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [P0] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood 3 of 6 Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Minor Use Permit approval PL Planning for PLPA-2013-00063 (Guns, Fishing, and Other Stuff, Inc.) establishes a parking requirement of 20 parking spaces for an indoor shooting range (PLPA-2013-00063) at 6705 Amador Plaza Road. This approval is based on the conclusions of the memorandum prepared by Obaid Khan, Senior Civil Engineer (Traffic), dated November 27, 2013, the project plans prepared by RSA Architecture dated received by Dublin Planning on October 25, 2013, the Written Statement dated received by Dublin Planning on October 25, 2013, and other plans, text, and diagrams relating to this Minor Use Permit approval, unless modified by the Conditions of Approval contained herein. 2. Effective Date. This Minor Use Permit PL DMC approval becomes effective 10 days after 8.96.020.H action by the Planning Commission unless and appealed before that time in accordance 8.136 with the Zoning Ordinance. 3. Permit Expiration. If the shooting range is PL 1 year DMC not established within the initial 1 year from 8.96.020.D expiration period for the Minor Use Permit, approval the determination of the parking standard shall lapse and become null and void unless extended. 4. Time Extension. The original approving PL 1 year DMC decision-maker may, upon the Applicant's from 8.96.020.E written request for an extension of approval approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 4 of 6 5. Modifications. The Community PL On-going DMC Development Director may consider 8.102 modifications or changes to this Permit approval if the modifications or changes proposed comply with applicable sections of the Zoning Ordinance. 6. Revocation of Permit. The Permit PL On-going DMC approval shall be revocable for cause in 8.96.020.1 accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Indemnification. The Developer shall ADM On-going Admin/City defend, indemnify, and hold harmless the Attorney City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 8. Clarifications to the Conditions of PL On-going Planning Approval. In the event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. MINOR USE PERMIT 5 of 6 9. Parking. All required parking spaces for the indoor shooting range shall be in addition to the amount of parking required for the retail store and shall be provided on- site for the life of the use but shall not be assigned so as to prevent adjacent businesses from utilizing available spaces. 10. Indoor Recreational Facility. The indoor PL Issuance DMC 8.70 shooting range is classified as an Indoor of Building Recreational Facility and shall conform to Permits all requirements of the Zoning Ordinance Chapter 8.70 and obtain necessary Planning permits. PASSED, APPROVED AND ADOPTED this 11th day of February 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 6 of 6 C r°1✓���$Z STAFF REPORT � PLANNING COMMISSION FOR��� DATE: February 11, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA 2013-00033 Dublin Ranch Subarea 3 Development Agreement between the City of Dublin and Lennar Homes of California, Inc. Report Prepared by Hazel L. Wetherford, Economic Development Analyst EXECUTIVE SUMMARY: The Planning Commission will consider a Development Agreement for Subarea 3 of Dublin Ranch located in Eastern Dublin at the corner of Lockhart Street and Dublin Boulevard. Lennar Homes of California, Inc. ("Developer") seeks to develop Subarea 3 of Dublin Ranch. As part of the proposed project, the developer is offering to make a community benefit payment of $1.8 million dollars to assist with the completion of Fallon Sports Park Phase II improvements which will be included as a term in the Development Agreement. The Development Agreement does not change any of the proposed development under the General Plan/Eastern Dublin Specific Plan Amendments, Planned Development Zoning and Stage 1 Development Plan for the Project ("Project Approvals") that the Planning Commission recommended for approval by the City Council at its January 28, 2014 meeting. The Development Agreement will vest the Project Approvals for five years. 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 a Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement for Dublin Ranch Subarea 3 between the City of Dublin and Lennar Homes of California, Inc. J , ,_ ____ ,z Submitted : n` Re iewed ',,y Economic Development Analyst Assistant Community Development Director COPIES TO: Applicant _.....� �_..�.._...,�,.,,�,.....___�_._. ..... _._ . a�.....r..�._... File Page 1 of 5 ITEM NO.: 6, a DESCRIPTION: Subarea 3 of Dublin Ranch is located in Area B of the Dublin Ranch Master Plan within the Eastern Dublin Specific Plan (EDSP) area. The 64-acre project site is undeveloped and currently vacant; it is bounded on four sides by improved streets. Surrounding streets are Central Parkway to the north, Dublin Boulevard to the south, Fallon Road to the east, and Lockhart Street to the west as shown on the vicinity map above. Uses adjacent to and surrounding the project site include: a) Fallon Community Sports Park on the north across Central Parkway; b) Fallon Gateway and a vacant site across Dublin Boulevard to the south planned for a regional medical facility; c) The Groves Lot 3, a proposed Medium-High Density project of 122 townhouse/condominiums on a vacant site west across Lockhart Street concurrently under consideration, as well as the existing 610 units of the Fairway Ranch apartments; and d) a vacant property planned for commercial, residential and open space uses across Fallon Road to the east. Please refer to Attachment 1 for additional background information about the project site. Map 1: Vicinity Map CUlaNG°STAB� �Y � gpA A yr 5r',. DUBLIN RANCH DRIVE '4404110-7.. r • DUBLIN .� e Y PARKWAY �V, SUBAREA 3 vW PROJECT AREA DUBLIN `"�'a BOULEVARD : ' 1-580 -- a o 1.580 cc e?r I x 4� PLEASANTON vi Related Actions On July 16, 2013, the City Council approved the request to initiate a General Plan and EDSP Amendment Study for Subarea 3 of Dublin Ranch. The Study would evaluate a proposal to change Open Space to Rural Residential Agriculture to facilitate agricultural uses and to change Open Space to Medium Density Residential land uses. On January 28, 2014, the Planning Commission held a public hearing to consider an Amendment to the General Plan and the EDSP along with a Planned Development Rezone with a Stage 1 Development Plan for Dublin Ranch Subarea 3 (Attachment 1). The proposed project 2 of 5 would modify the acreage allocated to land uses as follows: a) Medium Density Residential (6.1 to 14 units per acre) — from 27.2 acres to 38 acres; b) Medium-High Density Residential (14.1 to 25.0 units per acre) — from 8.6 acres to 7.5 acres; c) Rural Residential/Agriculture — from 0 acres to 14.5 acres (as a partial replacement for 24.9 acres of Open Space); and d) Stream Corridor — from 1.3 acres to 2 acres. No changes are proposed for a 2-acre Neighborhood Park. A conceptual project of approximately 437 units is anticipated. At that hearing, the Planning Commission voted 4-1-0 to approve: a) Resolution 14-4 recommended that the City Council approve the General Plan and EDSP Amendments for Dublin Ranch Subarea 3; and b) Resolution 14-5 recommending that the City Council adopt an Ordinance approving a Planned Development Zoning District for Subarea 3 with a related Stage 1 Development Plan. As part of the proposed project, the developer is offering to make a community benefit payment of $1.8 million dollars to assist with the completion of Fallon Sports Park Phase II improvements which will be included as a term in the Development Agreement. The Development Agreement will vest the Project Approvals for five (5) years. The City and the Developer desire to enter into a Development Agreement to memorialize the terms agreed upon. ANALYSIS: Development Agreement California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") 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 obtain certain commitments and establish certain development rights for the property. The proposed Development Agreement addresses the entire 64-acre Dublin Ranch Subarea 3. Development Agreements are approved by an ordinance of the City Council upon recommendation by the Planning Commission. The proposed Development Agreement (Attachment 2 to Exhibit A) was drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on the standard Development Agreements prepared by the City Attorney and adopted by the City Council for projects located within the Eastern Dublin Specific Plan area. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project. The Development Agreement becomes effective for a term of five (5) years from the date of approval by the City Council. The City also benefits from entering into the Development Agreement with the property owner. Under the Development Agreement, the Developer agrees to make a community benefit payment of $1.8 million dollars to assist with the completion of Fallon Sports Park Phase II improvements. The Agreement is a contract that establishes obligations for both parties. The proposed Development Agreement also would be consistent with the previous development agreements associated with this property and approved for the Eastern Dublin Specific Plan area. Lennar Homes of California, Inc. has an option to buy the Subarea 3 property at this time. It will be the owner of the property at this time the ordinance approving the Development Agreement takes effect if the Agreement is approved by the City Council. In order to ensure that the City receives the community benefit payment under the Agreement, the Project Approvals will not take effect until the Agreement takes effect and is recorded on the Subarea 3 Property. 3 of 5 ENVIRONMENTAL REVIEW: The project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No. 51-93. The General Plan Amendment/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin and identified some impacts from implementation of the General Plan Amendment/Specific Plan that could not be mitigated to less than significant. Upon approval of the Eastern Dublin project, the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation-monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. The environmental impacts of the existing land uses were addressed by the Negative Declaration approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning for 453 acres of Dublin Ranch (Areas B-E). An Initial Study was prepared for the proposed Subarea 3 project, and a determination was made to prepare an Addendum to the Eastern Dublin EIR and 1997 ND. The Addendum concludes that the Subarea 3 project results in no new or more significant impacts than identified in the prior Eastern Dublin EIR and the 1997 ND and that no additional environmental review is required. The proposed Development Agreement would vest the Project Approvals for the Subarea 3 Project as described in the Addendum and does not change any of the development under the Project Approvals. Therefore, the Development Agreement is within the scope of the Project described in the Addendum. The City Council is scheduled to consider the Addendum at their February 18, 2014 meeting. PUBLIC NOTIFICATION: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project as well an expanded area which includes surrounding developments. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. A copy of this Staff Report was also forwarded to the Applicant. ATTACHMENTS: 1. Planning Commission Staff Report dated January 28, 2014 (without attachments). 2. Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, LLC with the Ordinance attached as Exhibit A and the Development Agreement included as Attachment 1 to Exhibit A. 4 of 5 GENERAL INFORMATION: APPLICANT: Kevin Fryer 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 PROPERTY OWNER: Lennar Homes of California, Inc. c/o Integral Communities 500 La Gonda Way, Suite 102 Danville, CA 94526 Attn: Drew Kusnick LOCATION: North of Dublin Boulevard, south of Central Parkway, east of Lockhart Street, and west of Fallon Road ASSESSORS PARCEL NUMBER: APN: 985-0027-012 EXISTING LAND USE DESIGNATION: a) Medium Density Residential (6.1 to 14.0 units per acre) — 27.2 acres; b) Medium High Density Residential (14.1 to 25 units per acre) — 8.6 acres; c) Open Space — 24.9 acres; d) Stream Corridor — 1.3 acres; and e) Neighborhood Park—2.0 acres EXISTING ZONING: City Council Ordinance 24-97 PROPOSED LAND USE DESIGNATION: a) Medium Density Residential (6.1 to 14.0 units per acre) — 38 acres; b) Medium High Density Residential (14.1 to 25 units per acre) — 7.5 acres; c) Rural Residential/Agricultural (1 unit per 100 acres) — 14.5 acres; d) Stream Corridor — 2.0 acres; and e) Neighborhood Park—2.0 acres (no change). PROPOSED RE-ZONING: PD PLPA 2013-00033 SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Parks/Public Recreation Fallon Community Sports Park Vacant South C-O Campus Office Planned Hospital/Medical Facility East PD Medium-High Density Residential, vacant and Open Space High Density Residential vacant West PD (pending approval of (pending approval for 122-unit Medium High Density Residential) townhouse/condominium project—The Groves Lot 3) 2235251.1 5 of 5 u STAFF REPORT ((IOW PLANNING COMMISSION �IFOR DATE: January 28, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING - PLPA 2013-00033 Dublin Ranch Subarea 3 General Plan and Eastern Dublin Specific Plan Amendment and Planned Development Rezone with a Stage 1 Development Plan, and PLPA 2013- 00034 The Groves at Dublin Ranch (Lot 3) General Plan and Eastern Dublin Specific Plan Amendment, Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map 8164 for 122 townhouse/condominium units Report prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The Project Proponent, Kevin Fryer, is representing the property owners of two adjacent project sites: Subarea 3: The Applicant is requesting a General Plan Amendment (GPA) and Eastern Dublin Specific Plan Amendment (EDSPA) and Planned Development rezone with proposed related Stage 1 Development Plan for the 64-acre area. The proposed GPA/EDSPA would modify the acreage allocated to land uses as follows: a) Medium Density Residential (6.1 to 14 units per acre) —from 27.2 acres to 38 acres; b) Medium- High Density Residential (MHDR) (14.1 to 25.0 units per acre) — from 8.6 acres 7.5 acres; c) Rural Residential/Agriculture — from 0 acres to 14.5 acres (as a partial replacement for 24.9 acres of Open Space); and d) Stream Corridor — from 1.3 acres to 2 acres. No changes are proposed for a 2-acre Neighborhood Park. The Request includes Planned Development Zoning and Stage 1 Development Plan consistent with the GPA/EDSPA. A conceptual project of approximately 437 units is anticipated. The Groves Lot 3: The project is a General Plan/Eastern Dublin Specific Plan Amendment to change the land use designation from High- Density Residential (25+ units per acre) to Medium-High Density Residential (MHDR) (14.1 to 25.0 units per acre) and a Planned Development rezone and related Stage 1 and Stage 2 Development Plan, Site Development Review Permit, and Vesting Tentative Map 8164 for 122 townhouse/condominium units on approximately 6.36 net acres. 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: a) Resolution recommending that the City Council adopt a Resolution adopting an Addendum for Dublin Ranch Subarea 3; b) Resolution recommending that the City Council adopt a Resolution approving General Plan and Eastern Dublin Specific Plan Amendments for Dublin Ranch Subarea 3 and The Groves Lot 3; and c) Resolution recommending that the City Council adopt an Ordinance approving a Planned Development Zoning District for Subarea 3 with a related Stage 1 Development Plan to replace uses adopted by Ordinance 24-97; d) Resolution recommending that the City Council adopt an Ordinance for the Groves Lot 3 to a Planned Development Zoning District with related Stage 1 and Stage 2 Development Plan; and e) Resolution recommending that the City Council adopt a Resolution approving the Site COPIES TO: Applicant File ITEM NO.:s.a Page 1 of 20 G:\PA#\2013\PLPA-2013-00033 DUBLIN RANCH Subarea 3\PC Mtg 01.28.14\pc sr Kit's Comments subarea 3 and groves lot 3 011914.doc ATTACHMENT 1 Development Review Permit and Vesting Tentative Map 8164 for Lot 3 for 122 townhouse/condominium units on approximately 8.8 gross acres (6.36 net acres). 722. 4111P Suomitted By Revillft-d By Mike Porto, Consulting Planner Assistant Community Development Director PROJECT DESCRIPTION: The project proponent, Kevin Fryer, represents the owners of two adjacent projects which include Dublin Ranch Subarea 3 and The Groves Lot 3 shown in the vicinity map below. Both projects include General Plan Amendments to change land uses. State law allows only four (4) General Plan Amendments per calendar year; General Plan Amendments for specific projects can be grouped together and adopted by one Resolution. These projects, and the requested General Plan Amendments, have been consolidated into one Staff Report and presented for concurrent consideration to ensure that the City does not exceed four Amendments during 2014. DUBLIN .4 `•c-l' PARKWAY LEA „t'o,,..*.4 LOT3Pilsjal* . ' Figure 1: VICINITY MAP Subarea 3 The subject site is located in Area B of Dublin Ranch and received PD Zoning approval in 1997 predating the Stage 1 and Stage 2 PD approval process. The 64-acre project site is undeveloped and currently vacant; it is bounded on four sides by improved streets. Since the original land use approvals in 1997, there have been no additional applications or requests for entitlements. However, precise alignments for both Dublin Boulevard and Fallon Road have been adopted and subsequently improved resulting in a reconfiguration of the development 2 of 20 areas and a request by the property owner to modify the land use layout. Preliminary grading has been done at various times on the site. The site has two hills in the northeast corner rising to an elevation of 470 feet and causing the site to slope from the northeast to the southwest. The slopes on the site range from less than 5% to 50% on the face of the hills. A stream corridor on the site travels approximately 1,000 feet from the northwest corner of the site in a southeasterly direction to the middle of the site. At that point, the water is collected in a storm drain pipe which ultimately drains to the regional water quality basin located between 1-580 and Dublin Boulevard. Surrounding streets are Central Parkway to the north, Dublin Boulevard to the south, Fallon Road to the east, and Lockhart Street to the west as shown on the vicinity map above. Uses adjacent to and surrounding the project site include: a) Fallon Community Sports Park on the north across Central Parkway; b) Fallon Gateway and a vacant site across Dublin Boulevard to the south planned for a regional medical facility; c) The Groves Lot 3, a Medium-High Density project of 122 townhouse/condominiums on a vacant site west across Lockhart Street concurrently under consideration as well as the existing 610 units of the Fairway Ranch apartments; and d) a vacant property planned for commercial, residential and open space uses across Fallon Road to the east. Abutting the project to the south and east are two properties that are part of Subarea 3, but not a part of the current request, described as: 1) General Commercial — a 2.0 acre site located along the north side of Dublin Boulevard, and 2) Semi-Public — a small site owned and used by the Dublin San Ramon Services District (DSRSD) located along the west side of Fallon Road. The current proposal by the Applicant/Property Owners, Integral Communities, includes: • General Plan/Eastern Dublin Specific Plan Amendment to modify the acreage allocated to land uses as follows: a) Medium Density Residential (6.1 to 14 units per acre) — from 27.2 acres to 38 acres; b) Medium-High Density Residential (MHDR) (14.1 to 25.0 units per acre) — from 8.6 acres 7.5 acres; c) Rural Residential/Agriculture — from 0 acres to 14.5 acres (as a partial replacement for 24.9 acres of Open Space); and d) Stream Corridor — from 1.3 acres to 2 acres. No changes are proposed for a 2-acre Neighborhood Park. • Planned Development Rezone with related Stage 1 Development Plan The Groves Lot 3 The Groves Lot 3 is the third phase of a high-density residential neighborhood of Dublin Ranch initially approved as Fairway Ranch. A number of proposals for Lot 3 have been submitted and approved; as early as 2003 and as recently as 2013. The overall Fairway Ranch project approved in 2003 (PA 03-010) was comprised of three development parcels representing a diverse mix of both affordable and market rate multi-family housing types including senior citizen apartments, family apartments, and condominium units. 3 of 20 The project approved originally is shown in Table 1: TABLE 1: Fairway Ranch Lot Multi-Family Housing Type No. of Units 1 Senior Citizen Leased/Rental Housing (55+ years) 322 2 Multi-Family Leased/Rental Housing 304 3 For-Sale Condominium Housing 304 Total No. of Units 930 The senior housing on Lot 1 was developed with east and west components known as Cedar Grove and Pine Grove. The original Site Development Review, approved in 2003 for Lot 3 generally was approved as a mirror image of the 304-unit site plan approved for Lot 2, the existing multi-family apartment project immediately to the north of the project site currently identified as Oak Grove. In 2007, a subsequent application was approved for Lot 3, now identified as Sycamore Grove (PA 06-037). The approved project reconfigured the 304 units to include 22 Live-Work units in a 3-story townhouse facade along Dublin Boulevard. A third project was approved in March 2013 (PLPA 2012-00040) in which Lot 3 was redesigned as a 304 unit apartment complex to more closely reflect the original approval. The Project Site generally is rectangular in shape and currently vacant. The average existing slope typically is less than 1% due to rough grading to create a level building pad for the multi- family structure approved previously. The project site has an embankment approximately four to five feet in height, around the perimeter, behind the current right-of-way, for the three surrounding public streets. The embankment transitions from the flat graded building pad area to the sidewalks and perimeter street improvements constructed during the first two phases of The Groves. All surrounding streets have been improved to the back of the curb adjacent to the project site with some sidewalks and landscaping remaining to be completed as part of the project improvements. The project site will require re-grading/finish grading to accommodate the proposed townhouse building sites and internal vehicular circulation system. The project site is located north of Dublin Boulevard, south of Maguire Way (private street), east of Keegan Street, and west of Lockhart Street as shown on the vicinity map above. Uses adjacent to and surrounding the project site include: a) Oak Grove, a high-density residential apartment complex; b) the vacant site anticipated to be used for a regional medical facility across Dublin Boulevard to the south; c) Subarea 3 as described above on a vacant site across Lockhart Street to the east; and d) The Terraces, a High Density Residential condominium project of 626 units across Keegan Street to the west. The current proposal by the Applicant/Property Owner, Lennar Homes, includes: • General Plan/Specific Plan Amendment to decrease the designated land use and density from High Density Residential (HDR) (25.1 + units per acre) to Medium-High Density Residential (MDHR) (14.1 to 25 units per acre) consistent with housing type and product currently proposed. • Planned Development Rezone and related Stage 1 and 2 and Development Plans. • Site Development Review Permit for 122 townhouse/condominium units within 19 three— story structures ranging from four to eight units per building. • Vesting Tentative Map 8164 to create a subdivision for condominium purposes for 122 townhouses for sale to individual buyers with common areas to be maintained by a Homeowners Association. 4 of 20 ANALYSIS: The following is an analysis of the Subarea 3 project. Subarea 3 General Plan & Eastern Dublin Specific Plan Amendment Land Use Designations The Applicant is requesting to change the General Plan and Eastern Dublin Specific Plan Land Uses as shown in Table 2 and Figure 2 below. TABLE 2: Existing and Proposed Land Uses-Subarea 3 Land Use Existin! Pro tosed IIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIII Acres Ea. Acres Units Medium Density Residential (MDR) 11111 38 EMI 166-381 6.1 to 14.0 units ser acre Medium High Density Residential (MDR) 8.6 121-215 ME 106-187 14.1 to 25.0 units .er acre Rural Residential/Agriculture(RR/A) 0 0 14.5 0 1 unit •er 100 acres 0.en S.ace OS 24.9 INIONIIII 0 1111111111111.111 Stream Corridor SC 1.3 11111111M 2.0 IIIIIIIIIIII Nei!hborhood Park NP - No Chan te 2.0 -- 2.0 IIIIIIIIIIIIMIIIIII Total 64 287-596 64 338-719 Figure 2 Existing Land Uses Proposed Land Uses ______, . ,c tf., .: ' -Iii s I •::, -1\ - ..‘, ',-, ‘ .t . N.,...--1, - • ' , *'.' , ; -4 ''''`'' ' • : i';''''': :."'c'l4'1. ,-='48,,:i 100. i r — . --,. ' (,i , - r______1 - -- , The proposed densities and land use distribution will allow for continuity of open space and a more effective utilization of the property. The requested land use distribution would group residential uses in three areas - a) 7.5 acres of MHDR along the westerly edge of the project site along Lockhart Street across from The Groves, the proposed MHDR residential development to the west; b) a 19.7-acre neighborhood of MDR north of Dublin Boulevard adjacent the open space and Neighborhood Park, and c) an MDR neighborhood of approximately 18.3 acres within the northeast area of the site. The proposed land use 5 of 20 amendments would increase the acreage for MDR and the Stream Corridor by reassigning the land currently designated Open Space and slightly reducing the acreage for MHDR. The Open Space land use would be eliminated in favor of Rural Residential/Agricultural which allows more flexible options for aesthetic improvements such vineyards, orchards, and community gardens while preserving an Open Space characteristic. The following is a further discussion of the proposed land uses. • Medium Density Residential and Medium-High Residential (MDR and MHDR) - At a maximum, the proposed acreage by use/densities would allow up to 719 units. As elsewhere in Eastern Dublin, this potential is limited through the required PD-Planned Development zoning. A project of approximately 437 units is anticipated based on a general concept plan reflecting the requested amendment to be distributed as 107 units of MHDR (14.27 units per acre) and 330 units MDR (8.68 units per acre). This figure is within the range of the existing land uses and would not represent a significant deviation from the level of development anticipated under the existing land uses. The number of units proposed within the development envelope will ensure that the on-site grading is optimized and the natural drainage is preserved. • Rural Residential/Agricultural (RR/A) - The RR/A land use is proposed for frontage along Central Parkway adjacent to the Stream Corridor and extends diagonally across the project site to the southeast corner and includes the south facing slope of the hillside as further discussed below. The RR/A designation allows the construction of one residential dwelling unit per 100 acres (1 unit/100 acres). However, since the RR/A land use is less than 100 acres, no units would be permitted within that 14.5 acre area, and the Applicant is not proposing to construct or retain any dwelling units in that area . The RR/A area would be managed by the homeowners association. • Stream Corridor (SC) - The Stream Corridor would be expanded from 1.3 acres to 2.0 acres and generally would remain in its existing location. The Stream Corridor was created to fulfill biological mitigations required for development of other portions of Dublin Ranch. • Neighborhood Park (NP) — No changes in location or size are proposed for the 2-acre Neighborhood Park. It would remain in the central location originally anticipated adjacent to residential uses and open space areas. Visual Resources The Eastern Dublin Specific Plan Visual Resource Section 6.3.4 identifies view corridors as well as certain hillsides as visually sensitive. A portion of the project site includes low lying hills that were identified in the Eastern Dublin Specific Plan as "visually sensitive ridgelands" and located within an area contemplated in the City of Dublin Scenic Corridor Policy. The Eastern Dublin Specific Plan states that these hillsides are to remain to provide a distinctive visual feature as well as provide a screen for development to the north. The Specific Plan policies do permit grading of these ridge lands providing adherence to the policies are taken into account. Previously significant graded areas of the site were needed to accommodate roadway improvements; however, that grading did conform to the Visual Resources policies. The Specific Plan allows for development on the backside of these hills within certain standards in the Specific Plan. 6 of 20 The south face of these hills (exposed to 1-580) were designated as Open Space to maintain the natural appearance and intended to remain in order to provide a natural backdrop and screen development to the north. The proposed designation for this area will help ensure that natural undeveloped appearance is maintained. The Applicant's grading concept will conform to the policies of the Visual Resources section of the Eastern Dublin Specific Plan. Most grading activities will occur behind or in front of the current hills with specific contour grading to blend the existing hills with the graded land form. Upon completion, the hillside will be revegetated and will serve to screen development. In addition to recontouring the hill, a small mound graded along the Fallon Road side of the site would serve to hide a large share of the Medium Density Residential planned for the northeasterly area of the project site. This neighborhood would be designed to fit within the natural contours having building pads stepped gradually to match the existing topography of the back side of the hill. Where feasible, the graded slopes would be 3:1 or less. Cut and graded slopes would be revegetated with native vegetation or vineyards. The requested General Plan and Eastern Dublin Specific Plan amendments would require adjustments to various figures, texts, and tables in the General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the documents. A Resolution recommending the City Council approve a consolidated General Plan/Eastern Dublin Specific Plan Amendment is included as Attachment 1. A draft City Council resolution, with a complete list of the proposed amendments to the General Plan and Eastern Dublin Specific Plan, is included in Exhibit A of Attachment 1. Planned Development Rezone The Applicant is requesting approval of a Planned Development Rezone with a related Stage 1 Development Plan. The proposed zoning would ensure consistency with the land use amendment. The proposed Stage 1 Planned Development Rezone includes: proposed uses, project access, phasing plan, Master Neighborhood Landscaping Plan, and master infrastructure plan as described below. Proposed Uses - A comprehensive list of permitted, conditional, and accessory uses, are provided with the Stage 1 Development Plan. General Development Standards/Design Concept Site Plan - The concept plan for the proposed project places the higher density housing along the westerly edge of the project site along Lockhart Street in the form of 107 Medium High Density units on 7.5 acres resulting in approximately 14.27 units per acre, and 330 Medium Density units, including single-family homes. The 38 acres located in the central and northeasterly areas of the project site would include 330 Medium Density units, including single-family homes at a density of 8.68 units per acre. Based on the Concept and Site Plan, the High Density Residential effectively would be 14.27 units per acre. 7 of 20 Figure 3: Sub Area 3 Site Plan i i - \``, r T1 ti ��-" orgy\\.\ - o ill I I 1 11 ,I it ROT OW U ftU W P.11111-'. ---- I t2 i , _. O ©=31O CIIIESSEEMMO i ©cam®s aa• m■ o The Stage 1 Development Concept and Site Plan show uses consistent with the requested General Plan and Eastern Dublin Specific Plan Amendments. Access & Circulation - There will be two primary access points to the site. One will be located on Lockhart Street generally at the intersection with Finnian Way, south of Central Parkway. The entrance would provide access to the High Density Residential housing along Lockhart Street and to the Medium High Density housing north of Dublin Boulevard. The second point, providing access to Medium Density Residential in the northeasterly part of the project site, would be located off of Central Parkway across from the entrance to Fallon Sports Park. It is anticipated that minor vehicular access points may be included as well as emergency vehicle access points (EVA) as required. A review of the joint access points with Fallon Sports Park on Central Parkway will be more thoroughly reviewed for traffic control and land configuration in conjunction with the Site Development Review and Vesting Tentative Map once the design, unit count and final configuration of the on-site roadways are determined. A 10-foot wide paved, meandering trail/access road will follow along the stream corridor and through the RR/A area. The trail is proposed to be a continuation of the multi-use regional trail system that starts offsite in the northern portion of Dublin Ranch. The trail on the project site will start at the northwest corner of the site and travel behind the lots and the Neighborhood Park to Dublin Boulevard connecting to the Fallon Gateway retail center. A secondary trail also is proposed to connect the northerly portion of the site with the southern portion of the site through the Rural Residential/Agriculture portion of the site. Sidewalks will be constructed on all perimeter and internal streets to provide pedestrians from both the project and surrounding neighborhoods access to the nearby commercial centers. Grading - The site has undergone some preliminary grading over the years to construct the stream corridor and for drainage and vegetation management. Also, grading has occurred along the perimeter with the construction of the major roadway improvements of Fallon Road and Dublin Blvd. Future grading in conjunction with the Stage 2 Development Plan, SDR and 8 of 20 Vesting Tract Map will conform to the policies required in the Visual Resources section of the EDSP. Master Landscape Plan - A Master Landscape Plan is provided indicating compliance with the adopted Streetscape Master Plan. This plan indicates that the street tree pattern for the surrounding arterials and collector streets is consistent with that approval document. Detailed landscape plans for both the perimeter and internal streets will be provided in conjunction with the future Stage 2 Development Plan and Site Development Review. Phasing Plan - The Applicant is proposing to develop the site in two phases beginning in the north east corner of the site with Phase 1 and the moving westerly with Phase 2 A Resolution recommending the City Council adopt an Ordinance approving the Planned Development Rezoning with related Stage 1 Development Plan for Subarea 3 is included as Attachment 2 with the Draft City Council Ordinance included as Exhibit A to Attachment 2. The Applicant is required to obtain approval of a Stage 2 Development Plan and Site Development Review prior to constructing a project on this site. The Groves Lot 3 General Plan and Eastern Dublin Specific Plan Amendment The current proposal is for ownership housing at a lower density and fewer units envisioned originally in order to serve the current buyer profile and market segment anticipated for this area. Three previous higher density project approvals on this site have not resulted in construction of a project. Based on the proposed project, the total number of units for Lot 3 effectively would be reduced by 182 units or over half of the 304 multi-family units approved previously. Land Use Designations The request includes a General Plan and Eastern Dublin Specific Plan Amendment to change the land use of the 6.36-acre site from its existing designation of High Density Residential (HDR) (25.1 or greater units per acre) to Medium-High Density Residential (14.1 to 25 units per acre). The proposed MHDR land use would allow a range of 113 units to 200 units. The proposed PD rezone fixes the number of units at a maximum of 122 units as further described below. Figure 4: The Groves Lot 3 Existing Land Uses Proposed Land Uses ii-- --------____cesoulorc..,\I \ ....____) , 1 ; r vil 1 i t I 1 1 t itl 1 ,v , ..., .. v., 9 of 20 The requested land use amendments and the current proposal for Lot 3 reflect market conditions and optimal use of the site while remaining consistent with the surrounding community. The proposed density will allow a strong visual transition from the High Density Terrace to the west and the proposed Medium-High Density product anticipated for development on Subarea 3 to the east. The proposed MHDR land use would allow a range of 113 units to 200 units. The proposed PD rezone fixes the number of units at a maximum of 122 further described below. The requested General Plan and Eastern Dublin Specific Plan amendments would require adjustments to various figures, texts, and tables in the General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the documents. A Resolution recommending the City Council approve a consolidated General Plan/Eastern Dublin Specific Plan Amendment is included as Attachment 1. A draft City Council resolution, with a complete list of the proposed amendments to the General Plan and Eastern Dublin Specific Plan, is included in Exhibit A of Attachment 1. Planned Development Rezone The proposed Planned Development Rezone and related Stage 1 and Stage 2 Development Plan are consistent with the requirements of the Zoning Ordinance (Chapter 8.32-Planned Development Zoning) are included in Attachment 3 and described below. Proposed Uses: Permitted, Conditional, and Accessory uses related to multi-family development are listed in the proposed Ordinance adopting the Planned Development Rezoning (Attachment 3). Development Standards: The Planned Development includes Development Standards consistent with a Medium-High Density product type. The Development Regulations for the proposed project are shown as follows: TABLE 4: The Groves Lot 3 - Development Regulations Standards Medium High Density Residential Attached Multi-Family Townhouse Units Lot Size n/a Building Setback from Arterial Streets 10 feet minimum Building Setback from Property Line 10 feet minimum (on a public street) Building Setback from Property Line 0 feet minimum (not adjacent to a Public right-of-way) Building Setback from Private Street or 10 feet minimum Common Driveway Driveway Length or Garage Setback from 3 feet minimum Common Driveway or Private Street Private Open Space • Ground Level/Yard OR 100 square feet minimum • Upper Level/Deck 50 square feet minimum Building Separation 10 feet minimum 10 of 20 Building Separation 10 feet minimum (both buildings 2 stories or higher) 8 feet to porch minimum Maximum Building Height 40 feet/3.5 stories Required Parking Residential parking space per unit 2 spaces within an enclosed garage Guest Parking 1 space - Site Development Review SITE LAYOUT/PLOTTING — The proposed project is arranged as three-story attached townhouse units within 19 individual buildings in five building types with three variations. Buildings range from four to eight units per building. Both vehicular and pedestrian entry to the project is from Maguire Way which is a private street between Lot 2 (Oak Grove) and Lot 3 (the project site). A motorcourt on Maguire Way between the project site and Lot 2 to the north identifies the entry to an internal circulation system of drive aisles providing access to the townhouse garages. The buildings are organized with front facades and door entries facing onto a series of pedestrian paseos and open residential courtyards that create a passive, small-scale neighborhood environment. Three buildings face onto Maguire Way to the north. Also, one building at each of the southeast and southwest corners of the site are oriented towards Dublin Boulevard but are raised approximately 5 feet above street level and accessible only from an internal walkway separate from the public right-of-way. Due to topography, pedestrian access to the site on the west is limited to the Maguire entrance with two pedestrian points accessible from Lockhart Street on the east. Building placement with unit distribution is shown in Table 5, below. TABLE 5: Buildin•/Unit Distribution Building No. of General Location Units per Units per 3-Bedroom 4-Bedroom T •e Buildin•s Parcel •er Tract Ma• Bldg. Buildin• T se Unite) Unite) A 1 n/e corner Keegan Street and 4 4 2 2 Dublin Boulevard (Parcel 4) B 2 east side of Keegan Street 5 10 6 4 (Parcel 3) 2 on Lockhart Street, C 5 2 in middle of Lot 3, and 6 30 20 10 1 on Dublin Boulevard (Parcels 9, 10 &a portion of 5) n/w corner of Lockhart Street CX 1 and Dublin Boulevard 6 6 4 2 (Parcel 7) 3 on Dublin Boulevard, and 2 D 7 each on Keegan Street and 7 49 35 14 Lockhart Street (Parcels 2, 6 & 8) DX 1 s/e corner of Lockhart Street 7 7 5 2 and Maguire Way (Parcel 11) E 1 s/e corner Kegan Street and 8 8 6 2 Maguire Way (Parcel 1) EX 1 south side of Maguire Way 8 8 6 2 midblock (Parcel 11) Total 19 122 84 38 t" Floor Plans 1,2A&28 ''' Floor Plans 3k 3A-Alt,3B&3C 11 of 20 Common areas include the vehicular circulation system but focus on the system of paseos and residential courtyards. The passive recreation facilities for the proposed project are served by a private pocket park located past the first row of townhouses at the Maguire Way entrance. Fisure 5: The Groves Lot 3 - Site Plan II 1 .,-..r..7t7,5,i11.- ii 4 ,.., --, ..irt;g4,1trihiortsitrza.,ftaai 0 , 1 , "poi im pt,r1-1% ,--•,..mitt milikete=----.1,,„ . ti 0. -- er,.. . tt..-- -- ........... 1 ==- ...".."::,..1 .tillitiwrog „,,, 1, Isarosip-m..----1 iv to„oii,kovloir, ..4..! g tf: ..!11 t1 1 ,:i I:4 iii4 610 ill;1**4 fil I°ill4til: it= I i I Oetilliltitt*, um7i;ier- , . „as= , 1 , . * iisrlOW1*i!) VT.Iiii lar,„4 ,:ile191"11.41-1. [ I , f-.11: : t* 41711* iiii... i -Ili 11,111:4PlliF,1 i0'1111At iti MAIM BLVD. _ - FLOOR PLANS — Each townhouse unit generally is configured as a three-floor walk-up with i access from a street-level entry in front and an enclosed ground-level four-bedroom unit.two-car garage to tlo and rear. . four ar. The floor plans offered are for either a three-bedroom or Plan 2 with its variations each have three bedrooms, and Plan 3 with its variations has r0 uhr bedrooms. All end units are a variation of Plan 3 with four bedrooms, and all units in between are variations of Plans 1 and 2 3 with three bedrooms for a distribution of 84 threeb- e oom units (70%) and 38 four-bedroom units (30%). Each unit has a ground floor bedroom with an en suite bathroom. The second level is arranged "great as a " t room" with living, dining, kitchen, and large deck ebcekdraoroema fworithmeohstefluottoer. master Abapthorwodoemr room also is located on each second level. The master is located on the third floor along with two or three other bedrooms, upon et hioedfloor a t e d. plan, and a second full bathroom. Laundry rooms and instantaneous wdeapteernhdeinagteursp on the third floor of all plans. Each garage is arranged with areas for trash and recycling. Also, based having a asheadvion a recently adopted of 200 from City ordinance, all units are provided with a dedicated storag e e cubic feet separate the garage. Each master suite has a walk-in closet, dieualoldabatesdinsin, separate water closet, and separate tub and shower. All forced air unit equipment polo, the attic above each unit and accessible from the A minimum of 10%, or 13 units, will be improved as handicapped accessible on the ground floor in accordance that pthuerpoCaaeli.foTmhiea Building Code. Approximately 34 units (all end units) potentially could floor plans are shown on Sheets A4.00 through A4.21 with potentially accessible units identified on Sheet C.7, Attachment 4 12 of 20 TABLE 6: The Groves Lot 3 - Floor Plans Plan No. of Units Square Feet Bedrooms Bathrooms Buildings %of Project per Plan A, B, C, CX, D, 1 35 1,902 sf 3 3'/z DX, E, EX 29% all buildings A, B, C, CX, D, 2A 37 2,013 sf 3 3% DX, E, EX 30% 49 all buildings 40% 2B 10 2,013 sf 3 3% D, DX, E, EX 8% 2C 2 2,013 sf 3 3% E, EX 2% 3A 3 2,170 sf 4 3'% CX, DX, EX 2% A, B, C, CX, D, 3A-Alt 19 38 2,170 sf 4 3% DX, E, EX 16% 31Vo all buildings 3B 15 2,170 sf 4 3% B, C, D, E 12% 3C 1 2,170 sf 4 3% A 1% Total 122 100.00% Plan 1 — Plan 1 is a 3-bedroom unit and is the smallest at 1,902 square feet. Plan 1 is an interior unit only, situated with units on both sides. All buildings, except Building A, include two Plan 1 units per building. The 35 units of Plan 1 represent 29% of the total project. Plan 2 — Plan 2 is also a 3-bedroom unit. The three variations on Plan 2 are the most frequently utilized plan at 49 units or 40% of the project. The 2,013 square foot interior unit is also used in each of the 19 buildings, with Plan 2A used more than once in all but Building A. Plan 3 — Plan 3 is a 4-bedroom unit and is the largest at 2,170 square feet. The ground floor bedroom also is described as a den option. All Plan 3 and its variations are end units and "Alt" may be fitted as handicapped accessible where indicated on the plans. At least one Plan 3A-Alt would be provided as an end unit in all buildings. Approximately 13 units have a ground floor yard oriented towards the paseo. ARCHITECTURE — The proposed exterior architecture is a contemporary interpretation of eclectic craftsman style consistent and compatible with Phases 1 and 2 of the project known as The Groves. Buildings would be Type V wood frame structure with a mix of exterior materials. The building roof generally is a gable form from end-to-end pitched at 4:12. Building ends may have hip construction over at least one end, gable projections over upper level windows, and shed or trellis structures over porches and decks. Roof materials are a flat concrete tile in one of two colors and standing metal seam accents over porches and some projections. In addition to the roof, exterior materials include brick veneer, stucco finish, fiber cement board siding (both horizontal and vertical), and fiber cement trim to accent windows and door frames. Brick veneer in two different colors is used to anchor the ground floor of each building below a horizontal band generally situated between the first and second floor, or second and third level. This band technique often is used to visually break up a large facade. Buildings are articulated at the second and third level with window bays and covered decks having varying depths and dimensions. In addition to the fiber cement trims in contrasting colors, other architectural elements include corbel supports for second and third level building projections and decks, gable end ridge beam 13of20 details, wooden deck railings and porch posts accented with kickers, corbelled pot shelves, and decorative shutters for upper level windows. All front doors are detailed with a four-pane window at the top to allow natural light. All windows are presented as double-hung, and each rear elevation reflects the metal sectional garage doors serving each unit. Since all of the proposed buildings share similar forms and features, the building type among the five types listed is more a function of unit mix and color scheme rather than architectural style. The architectural style is carried into the landscape and open space plan with the proposed hardscape materials and amenities within the common recreational and open space areas. Two colors schemes are shown along with the proposed brick veneer accent materials and roof materials. (See Attachment 4, Sheet A5.00) The buildings adjacent to Dublin Blvd will require interior and exterior sound attenuation in accordance with the requirements of the Mitigation Measures contained in the EDSP and the recommendations of the March 2013 acoustic study. PARKING - The proposed townhouse project would be built in compliance with the standard currently shown with the proposed PD rezoning of 2 covered spaces per unit within an enclosed garage plus one guest space per unit for a total parking requirement of 366 spaces. This figure includes: a) 244 covered spaces — 2 spaces per units within an attached enclosed garage b) 123 guest spaces (122 spaces required) provided The location of parking provided is shown on Attachment 4 Sheet C.3 LANDSCAPING - As in any higher density community, landscaping and recreational amenities are used to provide quality open areas and visual relief. The landscaping is generous and has been designed to be compatible and complement the architecture as to theme and character of the residential structures. Plantings and hardscape elements are used to create neighborhood identification and an attractive community entry. All project streets, perimeter sidewalks, interior sidewalks, paths, paseos, and common areas are shaded and enhanced by trees and plantings to soften architectural ends, highlight entries, and minimize the overall scale of the structures. A combination of evergreen and deciduous trees, shrubs, groundcover, and grasses are proposed for color, texture, contrast, screening, direction to amenities, and overall project identity. The proposed listing of plant materials is shown on Attachment 4, Landscape Architecture tab, Sheet L-2. Paseos - Pedestrian circulation is accommodated and emphasized by a series of paseos which serve as the common areas, interface with front door entries, and presentation of the neighborhood image. The paseos feature a scored concrete pathway of approximately 4 feet wide flanked by narrow trees, shade tolerant flowering shrubs, and groundcover. Each end unit entrance is highlighted by an arbor, attached to a low front porch railing, in a style complementary to the building architecture. The residential paseos range in width from approximately 12 feet between front porch railings to 20 feet between building facades. Depending upon length, each paseo is designed with one or more residential courtyards or "landings" of scored concrete as a complement to the landscaping; the proposed landscape plan shows 13 of these features. Pedestrian level bollards are proposed to provide pathway illumination. (See Attachment 4, Landscape Architecture tab, Sheet L-4) 14 of 20 Pocket Park — The location of the pocket park near the Maguire Way entrance is identified within the drive aisle by enhanced paving in the form of decorative cast concrete unit paving stones leading to a scored concrete surface behind the curb face. An entry gate defines the site with a low neighborhood wall clad in a complementary brick veneer and a 3-foot high stained wooden border fence. A scored concrete footpath serves as a continuation of the adjacent paseo and divides the park into two areas. Footpath surfaces within the park are composed of scored concrete pads joined by areas of decomposed granite. This recreational amenity will provide a quiet garden retreat, as well as an area for social gatherings and other activities. Both feature landscaping with planters, fixed benches, and trash receptacles. The southerly area would include a pre-cast planter/fountain as a focal point along with lush ground cover. In addition to fixed benches, the northerly portion would be equipped with a picnic table, lighting, two stained wooden pergolas with rose vines, and a stained wooden arbor, each in an architectural style that complements the buildings. STREETSCAPE -A streetscape concept has been shown for Dublin Boulevard and street sections with proposed improvements are shown for each type of internal drive aisle. Drive aisles are generally 20 feet wide except where adjacent to perpendicular guest parking; in those cases drive aisles would be 24 feet wide, and 28 feet wide on aisles with one side of parallel parking. A small landscaped planter would be maintained within a narrow setback between garage doors along the rear elevation. Landscape treatment details are included for the four perimeter frontages: Dublin Boulevard — Street trees will be placed in a triangular pattern in the parkway behind the sidewalk to create a "grove" effect while maintaining the theme of a traditional tree-lined residential street consistent with the Streetscape Master Plan. Since the building grade is higher than street level at this location, drive aisle ends shall be treated with transparent iron fencing. Ground-level retaining walls will be hidden with a landscaped slope or, where exposed, finished with stucco or brick veneer and cap details compatible with the on-site improvements. Landscaping will consist of flowering groundcover and shrubs adjacent to the sidewalk and parkway. The mid-level and upper levels of the slope would be planted with taller shrubs and grasses to provide texture, color, and a cascading effect to control erosion. Taller upright shrubs will be placed at the top of the slope adjacent to the on-site perimeter walkway and building ends to serve as a buffer for pedestrians and screening from Dublin Boulevard. (See Attachment 4, Landscape Architecture tab, Sheet L-6) Keegan and Lockhart Streets — Landscape materials will be a continuation of the established streetscape concepts for the adjacent Oak Groves projects to the north. Corner monuments and neighborhood identification markers are proposed for both corners at Dublin Boulevard consistent with the architectural style of the project and complementary to existing monuments along Dublin Boulevard. As with Dublin Boulevard, a slight grade differential will be evident between the existing improved right-of-way and the finished building grade. A variety of flowering shrubs and grasses are proposed in a tiered arrangement with lower flowering groundcover adjacent to the sidewalk and taller cascading shrubs and grasses on the upper parts of the slope. Smaller flowering secondary trees would be used at building ends to reduce mass and scale and provide seasonal color. Street trees also would be consistent with the adopted street concept. Pedestrian access to the project site from the adjacent public right-of-way would be at two locations along the easterly edge of the project site adjacent to Lockhart Street. Pedestrian interfaces will be highlighted with flowering trees. (See Attachment 4, Landscape Architecture tab, Sheets L-7 and L-8) 15 of 20 Maguire Way — A street concept with a designated street tree already has been established for Maguire Way as part of the apartment project to the north and will be consistent along the south side adjacent to the proposed project. Accent landscaping of secondary flowering trees will be used to minimize the vertical scale of the architecture. The main entrance and marketing window to the proposed project along Maguire Way will highlight accent plantings through a combination of evergreen flowering shrubs, grasses, and ground cover. Vesting Tentative Tract Map (The Groves Lot 3, only) Vesting Tentative Tract 8164 is proposed to be subdivided for condominium purposes as follows: TABLE 7: Vesting Tentative Map Parcel Development Parcel Acreage (net) Description 1 .34± Building E (Residential) 8 units 2 .55± Building D (Residential) 14 units 3 .35± Building B (Residential) 10 units 4 .20± Building A(Residential) 4 units 5 .48 ± Building C (Residential) 13 units 6 .48 ± Building D (Residential) 14 units 7 .27 ± Building CX(Residential) 6 units 8 .46 ± Building D (Residential) 14 units 9 .43 ± Building C (Residential) 12 units 10 .41 ± Building C (Residential) 12 units 11 .52 ± Buildings DX and EX (Residential) 15 units A 1.47 ± Internal Circulation System - Private Street B .40± Maguire Way- Private Street(existing) Total 6.36 122 units Conditions of Approval are included in the Resolution recommending approval (Attachment 5). All utilities are available at the property line; all perimeter streets and right-of-way already have been dedicated, and streets have been improved. Perimeter sidewalks and landscaping would be constructed as part of this project. Public Art Compliance — This project is subject to compliance with the City's Public Art Ordinance. The Ordinance requires the Applicant's contribution will be .5% of the aggregate value of the home construction to be determined and calculated by the City's Building Official. The Applicant has submitted a Public Art Compliance Report included in the project submittal package and proposes to pay in-lieu fees. An appropriate Condition of Approval has been included. (See Attachment 5, Condition 29). CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE The application includes proposed amendments to the General Plan and Eastern Dublin Specific Plan. Subarea 3 includes a request for PD-Planned Development rezoning with related Stage 1 Development Plan. The Groves Lot 3 includes a request for Planned Development rezoning and a related Stage 1 and Stage 2 Development Plan. The proposed amendments to the General Plan and the Eastern Dublin Specific Plan reflect land uses that are compatible with the adjacent areas and surrounding development. For The Groves Lot 3, the proposed land use represents a reduction in residential density than approved previously but effectively corresponds to the number of units anticipated for this area prior to the granting of density bonuses as an incentive for providing affordable housing. The proposed project will contribute to housing opportunities and diversity of product type as a complement to the surrounding neighborhoods. The proposed Stage 1 Planned Development rezoning for both 16 of 20 projects and the proposed Stage 2 Development Plan for The Groves Lot 3 would be consistent with the requested land use amendments. Both projects have been reviewed for conformance with the Community Design and Sustainability Element of the General Plan which evaluates compatibility of the design with adjacent and surrounding development via pedestrian circulation, gathering spaces, open spaces, and integration with the village concept. In general, the proposed project furthers the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life and preserving resources and opportunities for future generations. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the projects to ensure that they are planned and will be built in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies will be included at the time of Site Development Reviews and Subdivision applications for Subarea 3 and have been included in the attached Resolution pertaining to the Site Development Review and Vesting Tentative Map (Attachment 5) for The Groves Lot 3. ENVIRONMENTAL REVIEW: The projects are located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No. 51-93. The General Plan Amendment/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin and identified some impacts from implementation of the General Plan Amendment/Specific Plan that could not be mitigated to less than significant. Upon approval of the Eastern Dublin project, the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation-monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. The environmental impacts of the existing land uses were addressed by the Negative Declaration approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning for 453 acres of Dublin Ranch (Areas B-E). For Subarea 3 - The City prepared an Addendum, determining that no additional environmental analysis was required beyond the prior Eastern Dublin EIR and 1997 ND. For The Groves Lot 3 - Impacts have been found to be the same or less than those analyzed previously with no further environmental review required. In June 2003, the City prepared an Initial Study for Fairway Ranch to determine whether there would be supplemental environmental impacts occurring as a result of this project beyond or different from those already addressed in the Program EIR and the 1997 Negative Declaration. The Initial Study concluded that the proposed project could not have a significant effect on the environment because the environmental impacts of this project were fully addressed by the final EIR for the General Plan Amendment, Eastern Dublin Specific Plan Amendment and subsequent Addenda, and the 1997 Negative Declaration. Since the number of units currently proposed for The Groves Lot 3 is less than initially evaluated, impacts from the proposed project have been found to be the same or less than those analyzed previously and would not require any further environmental review. An Initial Study was prepared for Subarea 3, and a determination was made to prepare an Addendum to the Eastern Dublin EIR and 1997 ND, included as Exhibit A to the Draft City 17 of 20 Council Ordinance. Attachment 6 is a draft Planning Commission Resolution recommending that the City Council adopt the Addendum. Pursuant to the 2002 Citizens for a Better Environment case, approval of the Addendum will include a Statement of Overriding Considerations for significant unavoidable impacts identified in the prior EIR that are applicable to the project or project site. All other EIRs NDs, Resolutions, and Ordinances referenced above and throughout the Staff Report are incorporated herein by reference and are available for review at City Hall, 100 Civic Plaza, Dublin, California during business hours. PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1) Resolution recommending that the City Council adopt a Resolution approving General Plan and Eastern Dublin Specific Plan Amendments for Dublin Ranch Subarea 3 and The Groves Lot 3 with the draft City Council Resolution attached as Exhibit A 2) Resolution recommending that the City Council adopt an Ordinance approving a Planned Development Zoning District for Subarea 3 with a related Stage 1 Development Plan to replace uses adopted by Ordinance 24-97, with the draft City Council Ordinance attached as Exhibit A 3) Resolution recommending that the City Council adopt an Ordinance for the Groves Lot 3 to a Planned Development Zoning District with related Stage 1 and Stage 2 Development Plan, with draft City Council Ordinance attached as Exhibit A 4) The Groves Lot 3 - Applicant's submittal package dated January 22, 2014 5 Resolution recommending that the City Council adopt a Resolution approving the Site Development Review Permit and Vesting Tentative Map 8164 for Lot 3 for 122 townhouse/condominium units on approximately 8.8 gross acres (6.36 net acres) 6) Resolution recommending that the City Council adopt a Resolution adopting an Addendum for Dublin Ranch Subarea 3, with draft City Council Resolution attached as Exhibit A 18 of 20 SUBAREA 3 GENERAL INFORMATION (PLPA 2013-00033): APPLICANT: Kevin Fryer 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 PROPERTY OWNER: Dublin Ranch Subarea 3 Project Owner LLC managed by Integral Communities 500 La Gonda Way, Suite 102 Danville, CA 94526 Attn: Drew Kusnick LOCATION: North of Dublin Boulevard, south of Central Parkway, east of Lockhart Street, and west of Fallon Road ASSESSORS PARCEL APN 985-0027-012 EXISTING LAND USE DESIGNATION: a) Medium Density Residential (6.1 to 14.0 units per acre) — 27.2 acres; b) Medium High Density Residential (14.1 to 25 units per acre) — 8.6 acres; c) Open Space — 24.9 acres; d) Stream Corridor — 1.3 acres; and e) Neighborhood Park — 2.0 acres EXISTING ZONING: City Council Ordinance 24-97 PROPOSED LAND USE DESIGNATION: a) Medium Density Residential (6.1 to 14.0 units per acre) — 38 acres, b) Medium High Density Residential (14.1 to 25 units per acre) — 7.5 acres; c) Rural Residential/Agricultural (1 unit per 100 acres) — 14.5 acres, d) Stream Corridor — 2.0 acres; and e) Neighborhood Park— 2.0 acres (no change). PROPOSED RE-ZONING: PD PLPA 2013-00033 SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Parks/Public Recreation Fallon Community Sports Park Vacant South C-O Campus Office Planned Hospital/Medical Facility East PD Medium-High Density Residential, vacant and Open Space vacant High Density Residential (pending approval for 122-unit West PD (pending approval of townhouse/condominium Medium High Density Residential) project—The Groves Lot 3) 19 of 20 THE GROVES LOT 3 GENERAL INFORMATION (PLPA 2013-00034): APPLICANT: Kevin Fryer 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 PROPERTY OWNER: Lennar Homes 6121 Bollinger Canyon Road #500 San Ramon, CA 94583 LOCATION: North of Dublin Boulevard, south of Maguire Way (private street), east of Keegan Street, and west of Lockhart Street ASSESSORS PARCEL NUMBER: APN 985-0048-005-00 ZONING: Existing - PD-High Density Residential (Ord. 24-97) Proposed— PD-Medium-High Density Residential GENERAL PLAN & EASTERN DUBLIN SPECIFIC PLAN: Existing- High Density Residential Proposed- Medium-High Density Residential SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD High Density Residential Multi-family apartments (Oak Grove at Dublin Ranch) Vacant South C-O Campus Office Planned Hospital/Medical Facility Medium Density Residential Vacant East MDR (pending approval for Medium- (Dublin Ranch Subarea 3) High Density Residential) Multi-Family Residential West PD High Density Residential (The Terraces - 262 condominium units) 20 of 20 RESOLUTION NO. 14 - xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC. RELATING TO THE SUBAREA 3 PROJECT WHEREAS, the Applicant, Kevin Fryer, submitted a Planning Application for residential development on Dublin Ranch Subarea 3 which would result in future development of up to 437 single family residences on an approximately 64 acre site ("Project"). The Project proposes General Plan and Eastern Dublin Specific Plan amendments to reallocate existing Medium High Density Residential and Medium Density Residential land uses, to reduce and change Open Space land uses to Rural Residential/Agriculture and to increase the Stream Corridor designation; and WHEREAS, the Project would rezone Subarea 3 to the Planned Development zoning district and would approve a related Stage 1 Development Plan for future development of up to 437 dwelling units along either side of a stream corridor and open space area. The General Plan and Eastern Dublin Specific Plan amendments, Planned Development rezoning and Stage 1 Development Plan are collectively referred to herein as "Project Approvals"; 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, development of the Project area has been previously analyzed in two documents approved under CEQA; (1) Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No. 51- 93 ("Eastern Dublin EIR"); and (2) Negative Declaration approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning of 453 acres of Dublin Ranch (Areas B-E) ("1997 ND"). The City prepared a CEQA addendum to the Eastern Dublin EIR and 1997 ND for the Subarea 3 Project ("Addendum"). The proposed Development Agreement would vest the Project Approvals for the Subarea 3 Project as described in the Addendum and does not change any of the development under the Project Approvals. Therefore, the Development Agreement is within the scope of the Project described in the Addendum and its environmental impacts are addressed by the Addendum; and WHEREAS, on January 28, 2014, the Planning Commission adopted Resolution 14-03 recommending that the City Council adopt the Addendum, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the proposed Development Agreement is attached to this Resolution as Attachment 1 to Exhibit A; and 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 the proposed Development Agreement: ATTACHMENT 2 1. 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 Eastern Dublin Specific Plan in that: (a) the General Plan and Eastern Dublin Specific Plan land use designations, policies, programs and objectives are incorporated into the Development Agreement and not altered by the Development Agreement; 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. 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. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan. 4. 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, Eastern Dublin Specific Plan, and Project Approvals. 5. 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 Eastern Dublin Specific Plan, and Project Approvals. 6. The Development Agreement complies with the requirements of§§ 65864 et seq. of the California Government Code and Dublin Municipal Code Chapter 8.56 and specifies 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 Development Agreement contains 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 Exhibit A, approving the Development Agreement between the City of Dublin and Lennar Homes of California, Inc. related to the Subarea 3 Project. PASSED, APPROVED AND ADOPTED this day of February 2014. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Assistant Community Development Director G:1PA#120131PLPA-2013-00033 DUBLIN RANCH Subarea 31PC Mtg 2.11.14 Subarea 3 DAIPC Reso Subarea 3 DA 2.11.14.docx Page 2 of 2 ORDINANCE NO. XX - 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC. RELATING TO THE SUBAREA 3 PROJECT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The Applicant, Kevin Fryer, submitted a Planning Application for residential development on Dublin Ranch Subarea 3 which would result in future development of up to 437 single family residences on an approximately 64 acre site ("Project"). The Project proposes General Plan and Eastern Dublin Specific Plan amendments to reallocate existing Medium High Density Residential and Medium Density Residential land uses, to reduce and change Open Space land uses to Rural Residential/Agriculture and to increase the Stream Corridor designation; and B. The Project would rezone Subarea 3 to the Planned Development zoning district and would approve a related Stage 1 Development Plan for future development of up to 437 dwelling units along either side of a stream corridor and open space area. The General Plan and Eastern Dublin Specific Plan amendments, Planned Development rezoning and Stage 1 Development Plan are collectively referred to herein as "Project Approvals"; and C. The Applicant and City desire to enter into a Development Agreement subject to certain terms, including a community benefit payment to the City in the amount of $1.8 Million for Fallon Sports Park Phase II improvements and the vesting of the Project Approvals for five years; and D. 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 E. Development of the Project area has been previously analyzed in two documents approved under CEQA; (1) Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No. 51- 93 ("Eastern Dublin EIR"); and (2) Negative Declaration approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning of 453 acres of Dublin Ranch (Areas B-E) ("1997 ND"). The City prepared a CEQA addendum to the Eastern Dublin EIR and 1997 ND for the Subarea 3 Project ("Addendum"). The proposed Development Agreement would vest the Project Approvals for the Subarea 3 Project as described in the Addendum and does not change any of the development under the Project Approvals. Therefore, the Development Agreement is within the scope of the Project described in the Addendum and its environmental impacts are addressed by the Addendum; and EXHIBIT A TO ATTACHMENT 2 F. On January 28, 2014, the Planning Commission adopted Resolution 14-03 recommending that the City Council adopt the Addendum, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and G. On February 11, 2014, the Planning Commission held a public hearing on the proposed Development Agreement (for which public notice was given by law) and adopted Resolution 14-XX recommending that the City Council adopt the Development Agreement, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and H. A public hearing on the proposed Development Agreement was held before the City Council on , 2014 for which public notice was given as provided by law; and I. The City Council used their independent judgment and considered the Staff Report, the Addendum, Eastern Dublin EIR, 1997 ND, and all reports, recommendations and testimony referenced above and adopted Resolution No. XX-14 approving the Addendum prior to approving the Development Agreement; and J. The City Council has considered the recommendation of the Planning Commission on the Development Agreement, including the Planning 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; (c) the Eastern Dublin Specific Plan, (d) the Addendum, (e) the Staff Report; (f) 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. 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 Eastern Dublin Specific Plan in that: (a) the General Plan and Eastern Dublin Specific Plan land use designations, policies, programs and objectives are incorporated into the Development Agreement and not altered by the Development Agreement; 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. 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. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan. 4. 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, Eastern Dublin Specific Plan, and Project Approvals. 2 5. 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 Eastern Dublin Specific Plan, and Project Approvals. 6. The Development Agreement complies with the requirements of§§ 65864 et seq. of the California Government Code and Dublin Municipal Code Chapter 8.56 and specifies 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 Development Agreement contains 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. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A 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 , 2014 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2235003.2 3 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail 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 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC FOR THE SUBAREA 3 PROJECT ATTACHMENT 1 TO EXHIBIT A THIS DEVELOPMENT AGREEMENT ("Agreement" or "Development Agreement") is made and entered into in the City of Dublin on this day of 2014, by and between the CITY OF DUBLIN, a Municipal Corporation ("City") and LENNAR HOMES OF CALIFORNIA, INC., a California corporation ("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 Agreement as a "party," and are collectively referred to as "parties." RECITALS A. California Government Code §§ 65864 et seq. ("Development Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code ("Chapter 8.56") authorize the City to enter into a development 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. B. Developer owns certain real property ("the Property") consisting of approximately 64 acres of land at the northwest corner of Dublin Boulevard and Fallon Road, (APN 985-0027-012) and that is more particularly described in Exhibit A attached hereto and is incorporated herein by reference. C. Developer, or its predecessor in interest, has applied for, and City has approved or is processing, various land use approvals in connection with the development of the Project, including, without limitation, a General Plan Amendment and Eastern Dublin Specific Plan Amendment (Resolution. No. , adopted by the City Council on , 2014); a Planned Development Zoning and Stage 1 Development Plan Ordinance (Ordinance No. , adopted by the City Council on , 2014), and this Development Agreement. All such approvals, collectively, together with any approvals or permits now or hereafter issued with respect to the Project, are referred to as the "Project Approvals." D. The proposed project ("Project") includes construction of up to 437 attached and detached residential dwelling units on the site, grading of the site, extension of utilities, and related improvements. The Project includes 38 acres of medium density residential, 7.5 acres of medium-high density residential, 14.5 acres of rural residential/agriculture, 2 acres for stream corridor, and 2 acres of neighborhood park. E. City desires the timely, efficient, orderly and proper development of the Project. F. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. 2 G. City and Developer have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project, subject to conditions set forth herein. H. The Project is located within the Eastern Dublin Specific Plan area, which was the subject of a Program Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No. 51- 93 ("Eastern Dublin EIR"). The Eastern Dublin EIR identified significant impacts from development of the Eastern Dublin area, including the Property site, some of which could not be mitigated to less than significant. Upon approval of the Eastern Dublin General Plan Amendment and Specific Plan, the City Council adopted mitigations, a mitigation monitoring program, and a Statement of Overriding Considerations. The environmental impacts of the existing permitted land uses on the Property also were addressed by the Negative Declaration approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning of 453 acres of Dublin Ranch (Areas B-E) ("1997 ND"). The 1997 ND included the approximately 64 acres of land in Sub Area 3 of Planning Area B, which is the area to be developed by the Project. The 1997 ND concluded that the potentially significant impacts of developing Areas B-E had been adequately described and analyzed in the Eastern Dublin EIR and that no new or more severe significant impacts would result from future development in Areas B-E. J. For the Project, the City prepared an Initial Study to determine if additional review of the proposed Project was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared an Addendum, dated (Resolution. No. , adopted by the City Council on ), describing the Project and finding that impacts of the proposed Project were adequately addressed in the Eastern Dublin EIR and the 1997 ND, and no further environmental review under CEQA is required. K. On , _2014, the City Council adopted Ordinance No. approving this Development Agreement ("the Approving Ordinance"). The Approving Ordinance will take effect on ("the 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: AGREEMENT 1. Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto ("Property"). 3 2. Interest of Developer. The Developer has a legal interest in the Property in that it is the owner of the Property. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 4. Effective Date, Term, and Community Benefit Payment. 4.1. Effective Date. The effective date of this Agreement shall be the Approval Date ("Effective Date"). 4.2. Term. The term of this Agreement shall commence on the Effective Date and extend five (5) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. 4.3. Termination on Sale of Individual Lots. Notwithstanding the foregoing Section 4.2, the provisions of this Agreement shall terminate with respect to any individual lot and such lot shall be released from and shall no longer be subject to this Agreement (without the execution or recordation of any further document or the taking of any further action) upon the lot being finally subdivided and sold or leased (for a period longer than one (1) year) to a member of the public or any other ultimate user. City shall cooperate with Developer, at no cost to City, in executing in recordable form any document that Developer (including any successor to the title of the Developer in and to any of the aforedescribed lots) may submit to confirm the termination of this Agreement as to any such lot. 4.4. Community Benefit Payment. The Developer shall provide a Community Benefit Payment of One Million Eight Hundred Thousand Dollars ($1,800,000.) to the City, payable on or before the recordation of the first final subdivision map for a portion of the Project, or December 5, 2014, whichever date is earlier. The Community Benefit Payment will be applied towards costs relating to Phase II improvements of Fallon Sports Park. No building permits shall be issued for the Project until the full payment required under this Section has been made to the City. This Term survives the expiration of this Agreement. 4 5. Use of the Property. 5.1. Right to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. (Such amendments, once effective, shall become part of the law Developer is vested into without an additional amendment of this Agreement.) Notwithstanding the foregoing or anything to the contrary herein, any amendment to the General Plan, the Specific Plan, PD zoning, and the Stage 1 Development Plan applicable to the Property and in effect on the Effective Date shall not become part of the law Developer is vested into under this Agreement unless an additional amendment of this Agreement is entered into between Developer and City in accordance with state and City laws. 5.2. Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk, and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, the location and maintenance of on-site and off-site improvements, the location of public utilities (operated by the City), and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals, subject to the provisions of Section 5.1. 5.3. Rules Regarding Permitted Uses. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property and governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the Effective Date of the Agreement. 5.4. Rules Regarding Design and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the date of this Agreement. Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards, and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the date of this Agreement. 5.5. Uniform Codes Applicable. The Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical, and Fire Codes and Title 24 of the California Code of Regulations, 5 relating to Building Standards, in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. 6. Subsequently Enacted Rules and Regulations. 6.1. New Rules and Regulations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property, which were not in force and effect on the Effective Date of this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden on, or materially delay development of the Property as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules, regulations, or official policies have general applicability. 6.2. Approval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations, and policies except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7. Subsequently Enacted or Revised Fees, Assessments and Taxes. The Project shall be subject to subsequently enacted or revised fees, assessments and taxes adopted by the City after the Effective Date of this Agreement. Nothing in this Agreement creates a vested right for the Project in the amount or type of fees, assessments and taxes in effect on the Effective Date of this Agreement. 8. Amendment or Cancellation. 8.1. Modification Because of Conflict with State or Federal Laws. The Project and Property shall be subject to state and federal laws and regulations and this Agreement does not create any vested right in state and federal laws and regulations in effect on the Effective Date. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be subject to approval by the City Council in accordance with Chapter 8.56. 6 8.2. Amendment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of state law and Chapter 8.56. 8.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding Paragraph 8.2, any amendments to this Agreement that do not relate to (a) the term of the Agreement as provided in Paragraph 4.2; (b) the permitted uses of the Property as provided in Paragraph 5.2; (c) the density or intensity of use of the Project; (d) the maximum height or size of proposed buildings; or (e) monetary contributions by Developer as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. 8.4. Cancellation By Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. 9. Annual Review. 9.1. Review Date. The annual review date for this Agreement shall be between June 1 and July 1, 2015 and thereafter between each June 1 and July 1 during the Term. 9.2. Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty (30) days' written notice that the City intends to undertake such review. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 9.3. Staff Reports. To the extent practical, the City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 9.4. Costs. Costs reasonably incurred by the City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. 10. Default. 10.1. Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity that are not 7 otherwise provided for in this Agreement or in the City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 10.2. Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that, if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 10.3. No Damages Against City. Notwithstanding anything to the contrary contained herein, in no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. 11. Estoppel Certificate. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that (a) this Agreement is in full force and effect and a binding obligation of the parties, (b) this Agreement has not been amended or modified either orally or in writing, or, if so amended, identifying the amendments, and (c) to the knowledge of the certifying party, the requesting party is not in default in the performance of its obligations under this Agreement, or, if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of the City shall be authorized to execute any certificate requested by Developer. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shall be deemed to have certified that the statements in clauses (a) through (c) of this Section are true, and any party may rely on such deemed certification. 12. Mortgagee Protection; Certain Rights of Cure. 12.1. Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall 8 be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 12.2. Mortgagee Not Obligated. Notwithstanding the provisions of Section 12.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that the Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement. 12.3. Notice of Default to Mortgagee and Extension of Right to Cure. If the City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by the City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the City's notice. The City, through its City Manager, may extend the thirty-day cure period provided in Paragraph 10.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. 13. Severability. The unenforceability, invalidity, or illegality of any provision, covenant, condition, or term of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 14. Attorneys' Fees and Costs. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys' fees expended by the City in defense of any such action or other proceeding. 9 15. Transfers and Assignments. 15.1. Right to Assign. Developer may wish to sell, transfer, or assign all or portions of its Property to another entity (each such other entity is referred to as a "Transferee"). In connection with any such sale, transfer, or assignment to a Transferee, Developer may sell, transfer, or assign to such Transferee any or all rights, interests, and obligations of Developer arising hereunder and that pertain to the portion of the Property being sold or transferred to such Transferee, provided, however, that: no such transfer, sale, or assignment of Developer's rights, interests, and obligations hereunder shall occur without prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. 15.2. Approval and Notice of Sale, Transfer or Assignment. The City Manager shall consider and decide on any transfer, sale, or assignment within ten (10) days after Developer's notice, provided all necessary documents, certifications, and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee can perform the Developer's obligations hereunder. Notice of any such approved sale, transfer, or assignment (which includes a description of all rights, interests and obligations that have been transferred and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently with such sale, transfer, or assignment. 15.3. Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests, and obligations hereunder pursuant to Paragraph 15.1 of this Agreement, Developer shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any Transferee approved by the City Manager expressly assumes all of the rights, interests, and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests, and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications, and other necessary information prior to City Manager approval. 15.4. Developer's Right to Retain Specified Rights or Obligations. Notwithstanding Paragraphs 15.1 and 15.2 and Paragraph 16, Developer may withhold from a sale, transfer, or assignment of this Agreement certain rights, interests, and/or obligations, which Developer shall retain, provided that Developer specifies such rights, interests, and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer, or assignment of the Property. Developer's Transferee shall then have no interest or obligations for such rights, 10 interests and obligations, and this Agreement shall remain applicable to Developer with respect to such retained rights, interests, and/or obligations. 16. Agreements Run With the Land All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 17. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 18. Indemnification. Developer agrees to indemnify, defend and hold harmless the City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Developer, or any actions or inactions of Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of the City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 11 19. Insurance. 19.1. Public Liability and Property Damage Insurance. During the term of this Agreement, Developer shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar ($100,000) self insurance retention per claim. The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 19.2. Workers Compensation Insurance. During the term of this Agreement Developer shall maintain Worker's Compensation insurance for all persons employed by Developer for work at the Project site. Developer shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer agrees to indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 19.3. Evidence of Insurance. Prior to issuance of any permits for the Project, including grading permits, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 19.1 and 19.2 and evidence that the carrier is required to give the City at least fifteen (15) days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees, and representatives and to Developer performing work on the Project. 20. Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to the City shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Gordon Jones, Vice President Lennar Homes of California 6111 Bollinger Canyon Road San Ramon, CA 94583 12 A party may change its address by giving notice in writing to the other party. Thereafter, all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or, if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 21. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 22. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property 23. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 24. Recordation. The City shall record a copy of this Agreement within ten (10) days following execution by all parties. [Execution Page Follows] 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN DEVELOPER LENNAR HOMES OF CALIFORNIA, INC. By: Chris Foss, Acting City Manager By: Gordon Jones Attest: Its: Vice President Caroline Soto, City Clerk Approved as to form John Bakker, City Attorney 2232527.4 (NOTARIZATION ATTACHED) 14 Exhibit A Legal Description of Property