HomeMy WebLinkAbout06-034 Amndmt to PD Zoning Dist-Willows San Ramon
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 12, 2006
SUBJECT:
Public Hearing: PA 06-034 Amendment to an adopted Planned
Development Zoning District (P A 02-063) for Willows at San
Ramon Village (formerly known as Bancor Alcosta) (Legislative
Action). Report Prepared by Mamie R. Nuccio, Associate Planner
ATTACHMENTS:
I) Letter from Bancor Properties dated October 18, 2004
2) Sheet 2 and Sheet 4 of the approved Project Plans titled "San
Ramon Village Plaza Planned Development Rezoning Stage I &
Stage 2 Development Plan, Vesting Tentative Tract Map and
Site Development Permit, Tract 7437" dated received March 15,
2004 and stamped approved by the City of Dublin.
3) Proposed Braddock & Logan Phasing Plan.
4) Phased Occupancy Request Letter from Braddock & Logan
dated May 22, 2006.
5) Response Letter from the City of Dublin regarding Braddock &
Logan Phased Occupancy Request dated May 22, 2006.
6) Response Letter from Braddock & Logan regarding Phased
Occupancy Request dated May 23, 2006.
7) Revised pages 5 and 7 to adopted Stage I & Stage 2
Development Plan (Ordinance 19-04).
8) Table 5 and Table 6 from City Council Staff Report dated May
18,2004.
RECOMMENDATION:
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I) Receive Staff presentation;
2) Open the public hearing;
3) Take testimony from the Applicant and the public;
4) Close the public hearing and deliberate;
5) Recommend one of the four alternatives or another altemative to
the City Council; and
6) Provide a recommendation to the City Council on the minor
clean-up items to the Stage I & Stage 2 Development Plan.
PROJECT DESCRIPTION:
Background:
The San Ramon Village Plaza development project is located on the southeast comer of Alcosta
Boulevard and San Ramon Road. The commercial remodel is located on the northern half of the project
site while the construction of the townhouse units is on the southern half of the project site. Bellina Street
runs along the southem-most portion of the project area.
COPIES TO:
Jeff Lawrence, Braddock & Logan
Michael Banducci, Bancor Properties
Rick Corbett, Bancor Properties
File
ITEMNO.~
Page I of 11
G;IP A#\2006\06-(J34 Willows PO AmendmenllPCSR 06.12-06.doc
In November of 2002, Bancor Properties submitted an application to amend the General Plan and Zoning
Ordinance to allow for the redevelopment of the existing San Ramon Village Plaza shopping center,
located at the southeast comer of Alcosta Boulevard and San Ramon Road, with a mixed-use project. The
project consisted of the demolition of approximately 34,000 square feet of existing commercial buildings
and associated parking lot areas to provide for the construction of 56 townhouses and the remodeling of
the remaining 14,377 square feet of existing commercial space to compliment the residential project.
In conjunction with the request for amendments to the General Plan and Zoning Map, Bancor Properties
also sought approvals for Stage I & Stage 2 Planned Development Zoning, a Vesting Tentative Map, and
Site Development Review.
In May 2004, the City Council approved Resolution 80-04 adopting a Mitigated Negative Declaration and
Mitigation Monitoring Program, and Resolution 81-04 approving a Vesting Tentative Map and Site
Development Review for the San Ramon Village Plaza development project. These approvals were
contingent upon the City Council adopting the following: I) a Resolution approving amendments to the
General Plan to add a new Mixed-Use land use classification in the Primary Planning Area and amending
the land use map for the project site; 2) an Ordinance amending the zoning map to rezone the project site;
and, 3) an Ordinance approving related Stage I and Stage 2 Planned Development Zoning. The City
Council amended the Zoning Map by Ordinance 19-04 on June 1,2004, and amended the General Plan by
Resolution 144-04 on July 20, 2004. The Final Map was approved on September 20, 2005, by City
Council Resolution 179-05.
The Planned Development and Site Development Review approvals required the project to move forward
as a whole, requiring that the commercial remodel be constructed at the same time as the residential units.
In a letter dated October 18, 2004 from Bancor Properties (Attachment I) to the then-current Community
Development Director, Mr. Eddie Peabody, Bancor Properties expressed their commitment to facilitate
the development of the San Ramon Village Plaza mixed-use project. At that time Bancor Properties was
in the process of selling the residential portion of the project to Braddock & Logan and the City expressed
concern over the timely completion of both the commercial and residential portions of the project.
Bancor Properties assured the City that the commercial remodel would proceed in a timely fashion and
provided the following retail remodel schedule:
. March 7, 2005: Secure building permits
. April 15, 2005: Begin construction
. September 30,2005: Complete construction
Bancor Properties submitted an application for building permits to remodel the remaining 14,377 square
feet of existing commercial uses on February 10, 2005, but has yet to obtain approved building permits to
begin the remodeling. While the plans have been submitted, Staff is still reviewing the plans for
consistency with the project approvals.
In November 2004, Braddock & Logan purchased a :t2.94 acre portion of the :t4.62 acre project site for
the construction of the 56 townhouse units. Bancor Properties retained ownership of the remaining :t1.68
acre commercial portion of the project site.
Braddock & Logan obtained a demolition permit on February 8, 2005 to demolish approximately 34,000
square feet of the existing commercial building on the project site. The soils in this area were known to
be contaminated by a former dry cleaner use which occupied a portion of the commercial building;
On September 27, 2005, Braddock & Logan commenced construction on the residential portion of the
project.
On May 19, 2006, Braddock & Logan submitted an application for a Temporary Use Permit for the use of
four (4) units as a model home complex. That application has been approved and issued by the
Community Development Department. Braddock & Logan is seeking to open the model home complex
and begin selling townhouse units as early as June 10, 2006.
Also in May of 2006, Braddock & Logan submitted a Phased Occupancy Plan for approval by the
Community Development Director. The Phased Occupancy Plan sets forth Braddock & Logan's proposal
for the completion and phasing of the 56 townhouse units. The Phased Occupancy Plan did not include
the commercial remodel portion of the San Ramon Village Plaza development project. In other words,
the proposed phasing plan allowed the occupancy of all of the residential construction before the
commercial remodel was completed. Because the phasing plan was inconsistent with the approved
Planned Development, the Community Development Director did not approve the phasing plan
(Attachments 4-6).
On May 24, 2006, Braddock & Logan submitted an application requesting an amendment to Planned
Development Zoning District (pA 02-063) to modify the Phasing Plan for the San Ramon Village Plaza
mixed-use development project (formerly known as Bancor Alcosta).
The Phasing Plan adopted by Ordinance 19-04 establishes the phasing of the San Ramon Village Plaza
project. Phase I includes the construction of 42 townhouse units and common open space (Lot 2) and the
remodeling of 14,377 square feet of commercial retail space (Lot I); Phase 2 includes the construction of
the remaining 14 townhouse units (Lot 3) (Attachment 2). Braddock & Logan is proposing to amend the
Phasing Plan to separate the commercial remodel from the Phasing Plan and allow for the construction of
the 56 townhouses in four (4) phases (Attachment 3).
ANALYSIS:
Planned Development Zoning
The Stage I & Stage 2 Development Plan for San Ramon Village Plaza establishes the permitted,
conditionally permitted, and accessory uses for the project site; the site plan, site area and proposed
densities; maximum number of residential units and non-residential square footages; a phasing plan;
master landscaping plan; development regulations; and architectural standards, among other things.
In conjunction with the preparation of a Stage I Development Plan, a Phasing Plan is also required. The
Phasing Plan shows the boundaries, timing and sequencing, gross and net areas and densities, and non-
residential square footages for development within the entire Planned Development Zoning District. The
Phasing Plan also includes existing and proposed land uses; major features of the circulation system
including any existing and proposed freeways, arterials, and collector streets; and other infrastructure
requirements such as water supply, wastewater collection, treatment and disposal, and drainage systems.
Stage I & Stage 2 Planned Development Zoning Phasing Plan (P A 02-063)
The adopted Stage I and Stage 2 Planned Development Zoning Phasing Plan was established to ensure
that both the commercial and residential components of the project were constructed concurrently. The
Planned Development Zoning integrates the commercial and residential development areas to create a
pedestrian-oriented mixed-use village. The townhouses have been designed so that the front of Buildings
4, 10 and II face the remodeled commercial center and parking lot (See Sheet 4 of Attachment 2).
Additionally, the commercial component has been designed with an architectural style and color palette
that are compatible with the architectural style and color palt;tte of the residential development to provide
a cohesive look to the mixed-use development.
The adopted Phasing Plan for San Ramon Village Plaza includes two Phases:
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. Phase I: remodel of a 14,377 square foot commercial building on Lot I and the construction of 42
residential units on Lot 2.
. Phase II: construction of the remaining 14 residential units on Lot 3.
The required environmental remediation on Lot 3 was the basis for phasing the project in two phases as it
allowed for the remodeling of the commercial building on Lot I and construction of 42 townhouses on
Lot 2 to proceed while the environmental remediation was taking place on Lot 3. Braddock & Logan
successfully completed the environmental remediation prior to securing building permits and
commencing construction on the project. At this time, the construction of the 14 units on Lot 3 is nearing
completion.
Proposed Braddock & Logan Phasing Plan
On May 9, 2006 Braddock & Logan submitted a Phased Occupancy Plan in accordance with Site
Development Review Condition of Approval No.9 contained in Resolution 81-04 which states "If
occupancy is requested to occur in phases, then all physical improvements within each phase shall be
required to be completed prior to occupancy of any buildings within that phase except for items
specifically excluded in an approved Phased Occupancy Plan or minor handwork items approved by the
Department of Community Development." Braddock and Logan's Phased Occupancy Plan included the
phasing of the 56 townhouses on Lots 2 and 3 (Attachment 3) and does not include the commercial
remodel. The Phased Occupancy Plan identifies residential occupancies occurring in four (4) phases as
follows (See Table I):
Table 1. Proposed Braddock & Logan Phasing Plan
Phase Building No. No. of Units
Phase I 3,4 and 5 14 (2 BMR* Units)
Phase II 1,2and6 17 (2 BMR* Units)
Phase III 7,8,9 and 10 21 (3 BMR* Units)
Phase IV 11 4 (0 BMR* Units)
*BMR: Below Market Rate
Braddock & Logan's proposed Phased Occupancy Plan set forth the phased occupancies of the residential
units but does not identify the phasing of the commercial remodel on Lot I. On May 18, 2006, the
Community Development Director denied Braddock & Logan's Phased Occupancy Plan for the following
reasons:
. Based on a review of the Staff Report dated May 18, 2004, including the exhibits and minutes,
the Phased Occupancy Plan request was found to be inconsistent with the intent and approvals
for the project. The City Council's approval clearly intended that the commercial project be
completed in conjunction with the residential portion of the project. The Stage I and Stage 2
Planned Development Zoning for the project indicated that the project would be completed in
two phases. Phase I included the renovation of the commercial building and commercial
parking area and 42 residential units in Buildings 1-2 and 6-11. Phase 2 included 14
residential units in Buildings 3-5. Braddock & Logan's proposed Phased Occupancy Plan
indicates Phase 2 would be completed before Phase I; and
. Condition No.9 of the Site Development Review approval states that prior to receiving any
occupancies, all physical improvements are to be completed prior to occupancy of any
buildings within that phase, except for items specifically excluded in an approved Phased
Occupancy Plan, or minor handwork items, approved by the Department of Community
Development. Braddock & Logan's proposed Phased Occupancy Plan failed to include the
completion of the commercial remodel or parking area within Phase I.
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Based on the factors cited above, the Community Development Director found that the proposed Phased
Occupancy Plan was inconsistent with the adopted Stage I and Stage 2 Planned Development Zoning
Phasing Plan and therefore could not grant approval of the proposed Phased Occupancy Plan.
Applicant's Proposed amendment to Planned Development Zoning Phasing Plan
Rather than submit a revised Phased Occupancy Plan, Braddock & Logan submitted an application to
amend the adopted Stage I and Stage 2 Planned Development Zoning Phasing Plan in order to allow
occupancies of the residential townhouses prior to the completion of the commercial remodel (Attachment
4). Braddock & Logan has also requested occupancy of their model home complex (4 units in Building
II) prior to their application being heard by the Planning Commission and City Council (Attachments 5
and 6). A temporary certificate of occupancy has been issued for the 4 model homes. As a part of the
allowance the temporary occupancy of the model homes, Braddock & Logan will notify prospective
purchasers that the City will not grant any occupancies of the units until the Planned Development Zoning
has been modified as stated in their letter to the City (Attachment 6).
Planning Commission Action
The Dublin Zoning Ordinance allows the Director of Community Development to grant an amendment to
an adopted Planning Development Zoning District as an administrative action or the Planning
Commission by means of a Conditional Use Permit upon finding that "...the amendment substantially
complies with and does not materially change the provisions or intent of the 'adopted Planned
Development Zoning District." It is Staffs opinion that this finding cannot be met with respect to
Braddock & Logan's request to amend the adopted Phasing Plan for Planned Development Zoning
District (PA 02-063). It was the City Council's intent, in adopting the Phasing Plan, that the commercial
remodel and residential construction would occur concurrently. Since Braddock & Logan's request does
not include phasing of the commercial remodel, the request has been found to be a material change to the
intent of the Planned Development Zoning District and in accordance with Section 8.32.080 of the Dublin
Zoning Ordinance the amendment request must be processed as a Zoning Ordinance Amendment
pursuant to Chapter 8.120.
When the Zoning Ordinance is proposed for amendment, the Planning Commission's role, following a
public hearing, is to make a written recommendation to the City Council, with reasons for the
recommendation and the relationship of the amendment to the General Plan, on whether to approve,
approve with modifications, or disapprove the amendment.
Staffhas developed four alternatives for the Planning Commission to consideration:
. Approval of Braddock & Logan Request (in effect, allowing the residential development to be
occupied independent of the commercial)
. Denial of Braddock & Logan Request (in effect, requiring all Phase I, including the commercial
remodel, to be completed before Phase 2 is completed)
. Approval of Alternative Amendment "A" (allowing 14 units and the commercial remodel to be
completed before the additional 42 units)
. Approval of Altemative Amendment "B" (allowing 14 units now, 17 units when the commercial
remodel is under construction and the remaining 25 units when the commercial remodel is
completed)
Approval of Braddock & Logan Request
The Planning Commission may recommend that the City Council approve Braddock & Logan's request to
amend the adopted Stage I and Stage 2 Planned Development Zoning Phasing Plan. As mentioned
above, Braddock & Logan's proposed amendment would remove the commercial remodel from the
Phasing Plan and allow for the phasing of the residential units in four (4) distinct phases (Refer to Table I
above). Under this option, Braddock & Logan could obtain occupancies for all 56 townhouses, in
accordance with their proposed Phasing Plan, with no plan for the completion of the commercial remodel.
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Analysis/General Plan Consistency:
The 56 townhouse units have been under construction since September of 2005. The model home
complex, which consists of 4 units, is nearing completion and the construction of 14 additional units is
expected to be complete by August of2006. Currently, the commercial remodel is in building plan check
review, and it is unknown at this time when building permits would be issued or when construction would
commence or be completed.
Amending the adopted Phasing Plan to allow for the removal of the commercial remodel would enable
Braddock & Logan to obtain occupancy of all 56 townhouse units regardless of the status of the
commercial remodel. Although the adopted Phasing Plan requires that the commercial remodel and
residential construction of 42 townhouse units be completed as part of Phase I of the project, Braddock &
Logan does not own the commercial portion of the project and thus has no control over the construction
of the commercial remodel. Braddock & Logan contends that by not having any control over the
commercial construction schedule, they should not be restricted in obtaining occupancies of the
residential units.
However, amending the adopted Phasing Plan as proposed by Braddock & Logan may be inconsistent
with the policies of the General Plan in that Guiding Policy A under Neighborhood Shopping Centers is to
strengthen existing neighborhood shopping centers. As approved, the Planned Development Zoning was
consistent with this policy in that, the redevelopment of the San Ramon Village Plaza shopping center as
a mixed-use project would help enhance the economic viability of the retail component and the
introduction of medium-density residential uses within the project site would increase the population in
the area to help support the existing and new businesses. Without the commercial remodel, the existing
commercial center would remain underutilized and in need of upgrading. The Mixed Use land use
category was approved by the City Council to achieve the General Plan goal of strengthening
neighborhood shopping centers including San Ramon Village Plaza by redeveloping the shopping center
to enhance the economic viability of the retail component and introducing medium density residential
uses within the project site.
Denial of Braddock & Logan Request
The Planning Commission may recommend that the City Council deny Braddock & Logan's request to
amend the adopted Stage I and Stage 2 Planned Development Zoning Phasing Plan. Under this option,
the adopted Phasing Plan would remain in effect and the commercial remodel would need to be completed
concurrently with the first 42 residential units. Upon completion of the commercial remodel, the first 42
units could be occupied. Following the granting of occupancies for the first 42 units, the remaining 14
units could be occupied.
Analysis/General Plan Consistency:
As mentioned above, Braddock & Logan has been under construction since September of 2005.
According to their construction schedule, the 14 units which make up Phase 2 of the project will be the
first units to be completed and ready for occupancy as early as August of this year. By denying Braddock
and Logan's request to amend the adopted Phasing Plan, these 14 units would remain vacant until such
time that Phase I, the commercial remodel and the construction of 42 residential units, is completed.
By not amending the adopted Phasing Plan, the project would remain consistent with the General Plan as
approved by the City Council in June of 2004.
Approval of Alternative Amendment "A" to the Phasing Plan
Alternatively, the Planning Commission may wish to consider recommending that the City Council
approve one of two alternative amendments to the Phasing Plan developed by Staff, or still another
developed by the Commission. Under the first of the alternatives developed by Staff, a modified Phasing
Plan would allow for Braddock & Logan to obtain occupancies of 14 units in Buildings 3, 4, and 5 but
would restrict further occupancies from being granted until such time that construction of the commercial
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remodel was complete and approved by all applicable City departments and agencies. Upon completion
and City approval of the commercial remodel, the remaining 42 units could obtain occupancies (See Table
2 below).
Table 2. Modified Phasin Plan - Alternative Amendment "A"
Phase No. of Units IS uare Foota e Buildin No.
14 Residential Units Buildings 3-5
14,377 s . ft. Commercial Buildin
42 Residential Units Buildin s 1-2,6-10 and 11 (Models
I
2
Analysis/General Plan Consistency:
The adopted Phasing Plan requires the construction of 42 residential units in Buildings 1-2, 6-10 and II
as part of Phase I and the remaining 14 residential units in Buildings 3-5 as Phase 2. The modified
Phasing Plan essentially reverses the phasing of the residential units by allowing the 14 residential units in
Buildings 3-5 to be constructed as part of Phase I and the remaining 42 residential units in Buildings 1-2,
6-10 and II to be constructed as Phase 2. This coincides with Braddock & Logan's construction schedule
in that the 14 residential units in Buildings 3-5 are already under construction and are expected to be
ready for occupancy in August of 2006. Occupancies of the residential units in Phase 2 would be granted
following the completion of construction and final approval of the commercial remodel by all applicable
City departments and agencies. While occupancies for the remaining 42 units would not be granted until
the completion of the commercial remodel, Braddock & Logan could proceed with the construction of
these units.
This modified phasing plan would be consistent with the General Plan policy to strengthen neighborhood
shopping centers because it would ensure the eventual redevelopment of San Ramon Village Plaza and
thereby enhance the economic viability of the retail component. The introduction of medium density
residential uses within the project site would increase the population in the area to help support existing
and new businesses.
Approval of Alternative Amendment "B" to the Phasing Plan
The second alternative adopted by Staff would allow the following:
I) Braddock & Logan could obtain occupancies for 14 residential units in Buildings 3-5.
2) Braddock & Logan could obtain occupancies for 17 residential units in Buildings I, 2 and 6 once
the commercial remodel was under construction.
3) Braddock & Logan could obtain occupancies for the remaining 25 residential units in Buildings 7-
10 and II once the commercial remodel was completed (See Table 3 below).
Table 3. Modified Phasinl!: Plan - Alternative Amendment "B"
Phase No. of Units IS quare Footage Buildinl!: No.
I 14 Residential Units Buildings 3-5
2a 14,377 sq. ft. under construction Commercial Building
2b 17 Residential Units Buildings 1,2 and 6
3a 14,377 sq. ft. completed Commercial Building
3b 25 Residential Units Buildings 7-10 and II (Models)
Analysis/General Plan Consistency:
This modified Phasing Plan establishes milestones which must be reached in order for Braddock & Logan
to obtain residential occupancies. This alternative takes into consideration Braddock & Logan's
construction schedule and proposed phasing of residential units while at the same time ensuring that the
City Council's intent of having the commercial remodel and residential construction occurring
simultaneously is met.
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Similar to Alternative Amendment "A", Braddock & Logan could immediately obtain occupancies of 14
residential units in Buildings 3-5. Once building permits are secured for the commercial remodel and
construction commences on the fa<yade improvements, Braddock & Logan could then obtain occupancies
for an additional 17 residential units in Buildings I, 2 and 6. Upon completion of construction and final
approval of the commercial remodel by all applicable City departments and agencies, Braddock & Logan
could then obtain occupancies for the remaining 25 residential units.
This modified phasing plan would also remain consistent with the General Plan policies which were cited
in the original approvals in that it requires the commercial remodel to be completed concurrently with the
construction and occupancy of the townhouse units.
A typical fa<yade remodel project, such as is being proposed at San Ramon Village Plaza, could be
constructed within 8-10 months. Bancor Properties' original estimate proposed that it would take
approximately 5 months to complete the commercial remodel (See Table 4) below. It is unknown at this
time when construction would commence as Building Permits have not yet been issued. Additionally, the
proposed building plans currently under review are not consistent with the approved Site Development
Review permit for the commercial remodel. Additional review and approval by the City Council may be
required which could cause further delay in the issuance of Building Permits.
Table 4. Estimated Construction Timelines*
Commercial Remodel Residential Construction
Permits Issued Unknown Phase I August 2006
Construction Commenced Unknown (possibly Phase II October 2006
prior to October 2006)
Construction Completed 5 months** (March Phase III January 2007
2007)
Phase IV February 2007
'All timelines are estimated, Unforeseen construction delays and market conditions could alter these timelines.
"According to estimated time frame provided by Bancor Properties in a letter dated October 18,2004 (Attachment 1).
Should the Planning Commission decide to recommend Alternative Amendment "A" to the City Council,
it is highly unlikely that the commercial remodel would be completed prior to the completion of Braddock
& Logan's proposed Phase II (17 units) for the reasons cited above. Braddock & Logan estimates Phase
II would be ready for occupancies by October 2006 (See Table 4).
Should the Planning Commission decide to recommend Alternative Amendment "B" to the City Council,
the commercial remodel could possibly be under construction prior to Braddock & Logan being ready to
request occupancies of Phase II but it is unlikely that the commercial remodel would be completed prior
to Braddock & Logan being ready to request occupancies for Phase III. Braddock & Logan estimates
Phase II would be ready for occupancies by October 2006 and Phase III would be ready for occupancies
by January 2007 (See Table 4).
As stated earlier in this report, the Building Permits for the 56 residential units have been issued and
construction is in progress; no Permits have been issued for the commercial remodel. In order for Bancor
Properties to obtain Building Permits for the commercial remodel, their Building Permit application
would need to be approved by all applicable City departments and agencies. Per Section 7.28 of the
Dublin Municipal Code, final landscape plans and grading and improvement plans would also need to be
approved by the Planning Division and Public Works Department, respectively, before the Building
Division could issue Building Permits. Bancor Properties submitted Final Landscape Plans to the
Planning Division on May 23, 2006 for first review and submitted grading and improvement plans to the
Public Works Department on May 24, 2006 for second review.
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Staff Discussions with Applicant
Staff discussed proposed Alternative Amendment "A" and proposed Altemative Amendment "B" with
Braddock & Logan. The Applicant indicated that their preference is to move forward with their proposed
Phasing Plan which allows the residential units to be constructed in 4 Phases and removes the commercial
remodel from the Phasing Plan (See Table I on page 4). Braddock & Logan has stated that they do not
have control over the commercial remodel, as it is located on property owned by Bancor Properties and
not Braddock & Logan.
Minor Clean-up Items to Stage 1 and Stage 2 Development Plan (Ordinance 19-04)
The following changes are being proposed to the adopted Stage I and Stage 2 Development Plan in order
to correct typographical errors and minor inconsistencies between the Development Plan (Ordinance 19-
04), the City Council Staff Report dated May 18, 2004 and the approved Project Plans. A total offour (4)
changes are being proposed. These changes would be made to pages 5 and 7 only of the adopted Stage I
and Stage 2 Development Plan (See Attachment 7).
Proposed Clean-up Item No. I
Section 3 on page 5 titled "Site Area, Proposed Densities, Phasing and Development Regulations". Minor
typographical errors were found in the chart (See Table 5 in Attachment 8) that are inconsistent with the
chart provided in the City Council Staff Report, dated May 18, 2004 (See Table 6 in Attachment 8).
Staff is proposing the following changes (See Table 7):
Table 7. ProDosed Chanl!:es to Development Plan Chart (Ordinance 19-04)
PHASE NO. LOTI MAXIMUM NO. ACRES DU'S PD
PARCEL DWELLINGSI BillLDING lAC STAGE
AREA NO.
1 .} Z 43 42 CONDOMINIUMS & 2,23 19.28 I and 2
COMMON OPEN SPACE
2 3 .g 14 CONDOMINIUMS .71 18,30 I and 2
SUBTOTAL: 56 CONDOMINIUMS 2.94 18.02 1 and 2
CSRlfBereial I II 14.377 SQ. ft. of commercial 1.68 0 1 and 2
f.tail'effi.. I retail
TOTAL 1,2,3 56 4.62 12.2 1 and 2
The changes proposed would correct minor inconsistencies and typographical errors and are not
considered substantive changes. The changes outlined in Table 7 include the following:
. Change the "Commercial retail/office" text in the Phase No. colunm to a numerical "I" consistent
with the chart provided in the May 18, 2004 City Council Staff Report and Sheet 2 of the
approved Project Plans.
. Change the "I" in the LotlParce1 colunm to a "2" consistent with the chart provided in the May 18,
2004 City Council Staff Report and Sheet 4 of the approved Project Plans.
. Change the title of the column "Maximum No. Dwellings" to "Maximum No. DwellingslBuilding
Area" consistent with the chart provided in the May 18, 2004 City Council Staff Report.
. Change "43" in the Maximum No. Dwellings colunm to "42" consistent with Sheet 4 of the
Project Plans and add the word "Condominiums".
. Change "]3" in the Maximum No. Dwellings column to "14" consistent with Sheet 4 of the
Project Plans and add the word "Condominiums".
. Add the word "Condominiums" following 56 in the Subtotal row under colunm Maximum No.
Dwellings/Building Area.
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. Change the "0" in the Maximum No. Dwellings/Building Area column to "14,377 sq. ft. of
commercial retail" consistent with the chart provided in the May 18, 2004 City Council Staff
Report.
. Under the column PD Stage No. add "and 2" to the commercial retail row.
. Under the colunm PD Stage No. add "I and 2" to the Total row.
Proposed Clean-up Item No.2
Page 5, the "Note" following Temporary Uses: This "Note" states that "Uses not specifically approved
through the Site Development Review for the project shall require a Site Development Review Waiver
approval by the Community Development Director." Uses are not approved through the Site
Development Review process; they are a function of the zoning. Therefore, a Site Development Review
Waiver to allow for uses not specifically approved through a Site Development Review would be an
inaccurate statement. This "Note" is proposed to be revised to read as follows: Uses not specifically
listed shall require a minor amendment to the Planned Development Zoning District in accordance with
Section 8.32.080 of the Dublin Zoning Ordinance.
Proposed Clean-up Item No.3
Section 5 on page 7 titled "Phasing Plan": This section should refer to Sheet 2 of Exhibit A-I (project
plans) not Sheet 4.
Proposed Clean-up Item No.4
Section 9 on page 7 titled "Aerial Photo": This section should refer to Sheet 3 of Exhibit A-I (project
plans) not Sheet 2.
CONCLUSION:
Braddock & Logan is seeking an amendment to the adopted Planned Development Zoning District (P A
02-063) to modify the Phasing Plan for Willows at San Ramon Village Plaza project. Willows is part of a
mixed-use development project which includes the remodeling of a 14,377 square foot commercial
building and the construction of 56 residential townhouse units. Braddock & Logan has proposed a
modified Phasing Plan which removes the commercial remodel from the Phasing Plan and allows for the
phasing of the townhouse units in four (4) phases. Staff has provided four alternatives for the Planning
Commission's consideration and is seeking direction on which alternative the Planning Commission
would like to recommend to the City Council. Even if the Planning Commission denies Braddock and
Logan's request, Staff would request that the Planning Commission recommend to the City Council that
an amendment address the minor clean-up items to the Stage I and Stage 2 Development Plan for the San
Ramon Village Plaza development project.
RECOMMENDATION:
Staff recommends that the Planning Commission: I) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate;
5) Recommend one of the four alternatives or another alternative to the City Council; and 6) Provide a
recommendation to the City Council on the minor clean-up items to the Stage I and Stage 2 Development
Plan.
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GENERAL INFORMATION:
PROPERTY OWNER:
Braddock & Logan, Attn: Jeff Lawrence, 4155 Blackhawk
Plaza Court, Suite 201, Danville, CA 94506
APPLICANT:
Same as above
LOCATION:
8909 San Ramon Road (941-0164-001-04 & 941-0164-003-03)
ZONING:
PD, Planned Development (PA 02-063)
GENERAL PLAN
LAND USE DESIGNATION:
Mixed-Use
SPECIFIC PLAN/
LAND USE DESIGNATION:
N/A
SURROUNDING USES:
Location Zoning General Plan Land Use Current Use of
ProDertv
Site PD, Planned Development Mixed Use VacantlUnder
Construction
North N/a (City of San Ramon) N/a N/a
South R-I, Single Family Single Family Single Family
Residential Residential Dwellings
East R-I, Single Family Single Family Single Family
Residential Residential Dwellings
West N/a N/a 1-680
11 of 11
BANCOR
PROPERTIES
LLC
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October 18, 2004
Mr. Eddie Peabody, Ir., AICP
Community Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: San Ramon Village Plaza
,Remodel of 14,500 SF of Existing Retail
Dear Mr. Peabody,
Bancor Properties would like to reaffirm our commitment to beautifying an
important gateway into the City of Dublin by facilitating the development of
fifty-six (56) executive townhouses and the remodeling of the remaining
worn retail center.
Per our meeting, you expressed a concern that we were going to sell the
townhouses and simply walk away from the remainder of the center without
remodeling the retail portion of the project. In order to alleviate this
concern, we have agreed to provide additional information, additional
security, and this written commitment to performing the work.
Retail Remodel Schedule
Execute Design/Build Contract (Antrim):
Relocate Lumpia House:
Demolition of Buildings:
Submit Construction Documents to City:
City Plan Check:
Begin Construction:
Complete Construction
10/1 0/04
12/13/04
01/15/05
01/31/05
03/07/05
04/15/05
09/30/05
1459 FIRST STREET
PH, (925) 455-1072
LIVERMORE. CA 94550
FAX. (925) 455-1436
Attachment 1
Mr. Eddie Peabody, Jr
10/18/2004
Page 2 of2
Security
In addition, though not required in our conditions of approval, Bancor
Properties has agreed to provide for perfonnance security in the fonn of a
bond, cash deposit, bank letter of credit or other fonn approved by the City
of Dublin, which guarantees the installation of the new driveway approach
from San Ramon Road and an improved drive aisle leading to the residential
main street. A bond estimate will be prepared with the submittal of the
construction drawings.
In addition, per your request, we have attached the cover letter and signature
page of our design/build contract with Antrim Engineering and
Construction, Inc.
Citv Processing
Because this project is of high importance to the City and our willingness to
provide additional documentation and security to ensure the project will be
completed in a timely manner, you offered to expedite our project through
the plan check process. In order to complete the project in timely manner,
the following items require processing through the city: a lot line adjustment
currently submitted to the city, a building pennit required to relocate the
Lumpia House, a demolition permit, additional lot line adjustment, and
building pennit for the remodel of the retail center.
We appreciate your in kind cooperation in this matter. If you have any
questions, please contact me at (925) 455-1072.
Sincerely,
~~~
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Michael Banducci
President
Attachments:
Portion of Antrim Agreement
r
DESIGN-- BUILD,
CON:rRACT
Prepared For:
Bancor Properties LLC
SanRamon Village Plaza.
Comer of Alcosta Boulevard
And San Ramon Road
"
Phone (925) 455-1072
Fax: (925}455-1436
Email: mike@bancorproperties.com
Prepared By:
ANtFlIM;
ENGlNEER1NG or. CONSTRUcrION, INC;
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1635 Chestnut Street, '
Livermore, CA 94551
Phone (925) 426-2444-
Fax (925) 426-0371
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July 22, 2004-
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Mr:Richard: K.. Corbett
Bancor Properties LLC
1453' 1st. Street
tivermor.e-, CA 94550
RE: CONTRACT: DESIGN DEVELOPMENT I FINAL DESIGN
GENERAL CONSTRUCTION
Dear Mr., Corbett:
EXECUTIVE SUMMARY:
Thank you for the opportunity to have Antrim Engineering & Construction, Inc. provide its services to
YOU" This writing shall serve as Antrim Engineering & Construction, Inc.' s proposal' and contract. for a
Design-Build project including Preliminary Design Development, Working Permit Drawings" and
Construction. The full construction scope and price for the site, addition and interior. improvements will
be fully presented as an addendum to this contract
.. ....,...
We:referencethe parcel map tract 7437 plan, site plan sent to this office. (Reference: Drawings by Dahlin
Group Architects, Planners, dated March 10,2004, site plan and general landscape- plan). Note this site-
plllllrwasforreference only. .
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The entire project will encompass two main phases of design, with a third phase- for construction. The
twp: design phases will proceed as stated below.
Pr.~.se. ~ ~n::
b'tiv.:h,Phase 1
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DESIGNDEVELOPMENTREVIEW'~"", "
The existing. Site Plan approval will be 115ed: as a, basis for final
design. Bnilding System Design. Programming '::.'.,
Core and Shell, Construction Definition.
CONSTRUcnONDOCUMENTS" ,,' ,_'0'
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FinaLEngineeringDesign: ';,;;\(..,[,..."",,;;:, :);"')'," ," ' .
" SheU& Site COll5truction Documents. .:::r:,-e :c,';:: ._. ..r,...
PeI'lllikand Specifications for D~ign Build" ,',P.. .
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After Phase 1, Antrim will prepare a preliminary budget for construction within 10%' for bank loan or
budgeting purposes. Once each portion of Phase 2 is complete, Antrim will revise the construction budget
,. cost to be used in this contract and added to the contract in the form of an addendum. .
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Bancor Propomes u.c Dcoicn Bwld C<mtract
July 22, 2004,
"Coa1l_Wodt:Product ' ..
Anlrim Enlu-ml '" Consuuction, Inc.l'ap 2
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The fee-for our services for the- phase 1 design shall be a lump sum contract of Six. Thousand Dollars,
$6,000.00. Exterior improvements, site, preliminary landscape, elevations, schedules). If sttuctmal
engineering occurs (we suggest it does). $5,000 of the phase-2 fee is to be applied and done in Phase 1.
ra:~~:p:~~::tio:S~~ ;~e~~~: ~~;:~;::itectural detail, ~ctUraI~er)i
~: . for~eermN' g,pa:~ge for thesfiteAnan~ shehll of.. 1 . . th b-
oo ~ ote: suu-ontractors 0 tnm,. wasil' pnce IS IDC USlve mea ove;
price; are-preforming their work. per the'plans made by the architecture and strUCtUl'lli plans. Soils reports
have not been figured for in the price, If required by the Building Department we can recommend a soil
engineers to you, and will be glad to help with the selection, thereof. '
Bancor Properties is to provide all existing Architectural CAD Files developed by The Dahlin Group. The
USe. of these file-will keep the cost of the final plans on budget.
For Phase 2, No Tenant Improvement Construction or design is planed for at this time. The Exterior
Architectural and Structural construction documents will be prepared. The existing Civil and Landscape
plans will, be incorporated into the building pennit package. The owner will pay for any required revisions
to the' civil or landscape plans. Antrim Engineering will coordinate the design changes with all
consultants. The plans will be submitted to the Building Department for Permit We have planed for one
round of Plan Check comments revision required by the Building Department
METHODOLOGY OF DESIGN-
The design, will be coordinated in the interest of Bancor Properties LLC budget Therefore we intend to
provide a workable plan for consttuction cost savings measures through value engineering and shared
savings ,
Value Engineering couples the resources of the design engineering staff of both Bancor Properties LLC,
its consultants and Antrim with the construction and sub-contractor team, production personnel, safety,
and jurisdictional authorities. This will provide our basis for conceptual design to begin our preliminary
engineering review.
Phase 1 "Building System Design Programming" includes Investigative Engineering & Design
Development. Phase 2 "Building System Working Drawings and Construction Manuals" includes
working plans, engineering calculations, general power and utilities of the building, specifications for
Design Build, construction documents, architectural, mechanical and electrical engineering for the shell
space.
Forthcoming will be Phase 3 Construction and the associated project management
The importance of the Investigative Engineering and Design Development Phase of Desil!l1 Prol>'T'll1Tl1l1inlZ ,
cannot be overstated. This Phase will determine the scope of work for the entire project and will influence-,;:; .
the cost of the project substantiaIly. Once conceptual (Investigative Engineering) approval baS~'},;",
achieved, Design Development shall proceed and sbal1 become the legal do<:ument upon which allthe pSrties',:;;t ·
must rely. Then, based upon design development approval, engineering and field constrUctiond~1l1OeirtS.:t';
shaIl be prepared, followed by construction. " " . ' "~,",,. '-"";'"
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Bomeor Ptoperties u.c Design Build CDntrIl:t
July 22. 2004
CDn1Idcnlial Work Product
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CONSTRUCTION AND PROJECT MANAGEMENT
Construction budgets can be better detennined once all have agreed on the desigD'_ Uilder separate cover, a
budget forthe construction cost will be presented to Bancor Properties LLC designating:Antrim Engineering
&; Construction, Inc. as the general contractor. This will be accompiished afterthe;engineering is completed
or atany time after design development has occurred.
This design build method is prepared to achieve results in the best interests of Ban cor P~perties LLC
We hope this budget and methodology of design assists BANCOR PROPERTIES, LLC in acquiring a better
understanding of the parameters involved. Antrim is open to your suggestions and will make all efforts to
complete your project within budget and on schedule.
Very, Truly Yours,
James Scott
Project Manager
Antrim Engineering & Construction, Inc.
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July Z2, 2004,
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J. HOLD HARMLESS
To the fullest oXllmt allowable by Jaw, to dofond. indomni!y and hold Antrim; its officers,. omployoos, and agonts
hannioss from any aild all claims, suits, liabilities, losses, damages or oxponses (Including attorney's foes) on account of
bodily inj\D'Y, sickness, disllllSflS, death, property damage, personal inj\D'Y, consequential damages or any other
damages, including liquidated damages as a result of or alleged to arise as a result of the actions, activities or opomion
of BAN COR PROPERTIES, LLC, its agonts, ernployoos, officers and/or consultants arising out of or in any way in
connection with this project.
K. PAi.YMENT AND COMPENSATION PROCEDURE
1. For Phase: I a lump sum of $6,000.00, a retainer ofS4,OOO.oo shall be paidUJlon execution of this agreemont. A
paymont of $2,000.00 UJlon submittal 'of the preliminary drawings (sketches) for the shell, onco we submit to the
City ofSq. n._;R for planning and Design Review Board.
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Noto: Ifpro-S1IUClIIflIl occurs, thon $5,000 of the Phase 2 reo should be applied hore.
2. For Phase 2, a lump sum G. T paid as follows: A retainer of h.1I be paid prior to start of work
for architecture and structure, a progross paymont. pon 66%, and a final paymont of$7,800 due upon
permit submittaL
, 3. For Phase'3, Construction, Cost to be detormined via anaddondurn. The billing will be on the percent complOlO
method with a schedule of values typical for such project in CSI format on an AIA billing form.
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4. Bank Inspectioos: Anttimwill cooperate with bank inspectors and allow for the least amount, of on-sitoinspections.
Inspection from banks will not nocossarily moan that the money allowed from the inspection is due to Antrim.
Anttim'will submit progress invoices to BANCOR PROPERTIES, LLC and oxpect money to be paid within 7
days of the request for a draw.
5. Except for the rotainer (s), which is ,due upon start of work and signature, payment for onginooring shall be dw: upon '
prosontal:ion of invoico by Anttim Engineering & Construction, Inc,; payment for construction shall be due in 7
days.
6. No retention sha1l be withheld from Antrim for onginoering services in Phase lor 2. For construction, Phase 3, Ton
p=t (J()OIo) retontion may be withheld by owner for progress paymonts. Final paymont and retontion sha1l be
paid at the ond of the project or upon substantial completion, or, per owners' londer regulatioos but not groarer than
10%.
L. AUTHORIZATION and AGREEMENT
We are in agreement to the terms and conditions listed herein.
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Richard K.. Corbett.
Managing Member
Bancor Properties, LLC
Banco. Properties u.c DesilJl Build Comract
July 22. 2004
Contidend81 Work Ptoduet
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STAGE 1
PLANNED DEVELOPMENT
ZONING EXHIBIT
TRACT 7437
SAN RAMON VILLAGE PLAZA
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DAlE: IIARCIl 10, 2004
JOe NO. 111-4-00
COUllTY or ALAIIIDA
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PROPOSED WI DIAGUM
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5 ~ aJIllI. GUTlER NIl SOEWAl.K
----- ----;---- a:NTERl.H;
~m.()
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H
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ca.F,l.CTPA/lKttGSTAUS
'aELOWw.RICETAAlE' !MY
PEIXSIRlANPA'IM,fE1RA\(l
msTING
PROPIRTY DIAGllAM
\) NOT TO SCALE
'.. ,_-1 --___":::::~:::
it -___ -~.::::::.::
----,-
PLAN TYPI SUMMARY:
~
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..uNIr ALTIIIIA'IIVI
-
lIIXEDUSE:IIlEDWIlEt5IYRESIlENllAl
-"""""")
NIlRET...../mlCE
........,"""
PD(Pl..NNDtl\f11AIEHT)
R1 OCCUPANCY. TlfE V1t1t
-""""""'
B,/llocctPAMC'l', TlfEVN.
CCNS1ftlJCllON, 9'RNCI.fRED fREClllED
SUMMARY OfDIVILOPMENT CALCULATIONS:
1. IeIDaAL SIf[: 2.94:JC
CCIIDCIILSlm UlltAC
mAl.sm: AIfA: 4.62ZAC
IlEfSllE.IIlk(IlESIlOOW.AREA) 2.26%AC
GENDAL NOTISt
f.VIOT
I. EXIStIl&INIlllSE:
1. Pa'OSm tAIID USE:
. .......-
. .......-
. """""'"
.-
-4IID 3BD 380 380 -4BD
""'"
NOT TO SCALE
s-I1ftlT
.--
30 IIDlSm' (cmss)
48D 3BO 38D 3BO 380 3SI) 38D -4BD
LONG. AlT AlT LONG
.UNIT
UMIT SUMW.~ TOTAl' UNI1'!i' .J.ItJII..AIltA, TOTAl AREk
MlEE BB:IlOCIl'UIIlS ta 1.52lSf' 2&771 SF
MlE['8EtIl(llItl.Qfl;1lI1S 8 I_Sf' 12.7lI8Sf'
1IIlEE. fJEIlR(Ql .-LDNAM..tJIlS 4 1,_ SF 4,744 Sf'
FllJRBEllllClCIlIll1S 22 1,&USF J8.124 Sf'
FOOR'1lEIIIOCIt AL1BlIMlMlNlS" ..2+1 Sf 4,* SF
~ WAlJ( 'iHRE SI-IOYf4
"
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41" m....'tIAlFlDllR MEA:.
<-
.5.lDI'ClMIlAGE:.
_I
(lUl.Dlt8a-snms)
""'A1tOPEll.~
(POIaISa-llM.CONIS)
NOT TO SCALE.
seD>>.
19.0 DJJ./AC (leUN1lN.AREA)
12.10>>./AC(1tITALSTENiIEA)
14,J71s.f.
-,,-
13.1!lI Sf' (RESIlOOW.)
....
6.85DSF(1BD(IlAI.)
t22Sf/lNT(A\WlGE)
7. CllIIIlIIOPOl stW:E:
(Utlls:APE.PATIlWAY5"iOT~
Ll.AIIllItAPECCWEIl.I<<:
".,.
-'L- lMRHANG \HRE
SIOEWAI.K AHD-lNIOSCAPING
-
PAUI1'(G'SUMMARY:
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F1XJl
TYPIC.LI. FUll, gzr p.amNC. nw~
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ll.-19'06'OI"
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It
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mAl. PAlllCIIlJ IlEQWlED
.......
-
(AFfROX. l.5SPAa:S PER 1000 SF)
""""""-
GWa.
Nl>>f...lOlIfAtm GPoEST-(lI+-SlE)
DE3GNAlED QEST (IWJIC II)
TOTN.1'AIlIIll.PIIlMDED
HlJHlESlGNA1U) 9WIED GUEST
(~
TECHNICAL SITE PLAN
TRACT 7437
SAN RAMON VILLAGE PLAZA
HOlE
1.1IlIISlJCS9tlMINDlE.AIERRMLl'Of'9IICWItNllAllGUD
p.-stAUSPtlt 1If;atY rllltlEUt.2lIINS lR*AIU FIll
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t O\otRHANG 'MIERE.
SIDEWALK AtI1 LNI>SCAPING
-
s'
(1\'P)
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TYPtCAl COUPACT
PAllllNG~
NOT TO SCH.E
rA1
an or DUILIII
moIITY or ALAIIIDA
o'
I
SCALE: 1-= 30'
Ilo\l[:' IWlCII 10. 2004
JOe NO. 1114--00
120'
I
_ Cartson; Barbee
& Gibson, Inc.
ctA_._.PLNIIER!l
30'
J....
,
-
90'
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42;42aS{RE:SII:8fIIAl}
7S7 Sf""'Y (A\OME)
33.~-(t'f"RESIlOOIAL.9'It)
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542 SF,.uIT (A'IOJ4E)
2J.U
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2...5/1000 SF
1011000 Sf
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10 STALLS
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'I I". 11!\l11'1 .' ..... '~~ ',-0); . / '-1 ~ I I ?if I;)'-.,~
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1~~J [~, ~~~ ~;-, L r' ';' '~::1~ ~i3Y L' QRifu<\,-4{1
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· J · ; ,f'!l" "- c"'N.r:r""". - r:3![ ~ t-. . '. . I 1>~..... i/ Al> I,
F=:- -I !lfJ : · : L -... .' ~; :y '~'I"rT~"~ -_ j rrl is II
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' - N j L- 1.0 mPropoLOO
- ;-. " '"" - - · ----:::\ Braddock & gW'llows@san
~ -';;:::J -- " Plan for 1
' - - -'-."---""'- Phasing
//'-- Ramon Village
.
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Attachment 3
..------
_t>
,;
--.-.
05/22/2006 09:41 FAX
Braddock&Logan
ij]002l( ;.
,IlL
BRADDOCK & LOGAN SBRVICeS. [0'::.
BUILDERS - DEVELOPERS
ESTABUSHED 1947
p, 0, BOX 53110
DANV!LLE, CALIPORNIA 94~26.107()
TELEPHONE (925) 736.4000
FACSIMILE (925) 64H-5700
VIA F ACSIMILIE: (925) 833-6628
May 22, 2006
Ms. Jeri Ram
Community Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: San Ramon Village
Phased Occupancy Request
Dear Ms. Ram:
I am writing in response to your letter to me dated May 18, 2006, in which you denied
Braddock & Logan's request for approval of a Phased Occupancy Permit for the San Ramon
VillageIWillows project in Dublin. On May 19, you and I met to discuss your letter and
Braddock & Logan's response to the City's position as set forth in your letter. We agreed that
while Braddock & Logan does not agree with your interpretation of the legal standing of the
project pursuant to the approvals which have already been granted by the City of Dublin, we
would work with you in good faith to amend those approvals to satisfy the City's concerns as to
the Phasing Plan. Based on that understanding, you agreed that the City staffwouId put this
matter on the agenda for the Planning Commission hearing on June 12,2006 and a City Council
hearing on June 20, 2006 to approve the required changes to the approvals to permit Braddock &
Logan to proceed with its proposed Phasing Plan for the residential portion of the project. You
further agreed to permit Braddock & Logan to proceed with all aspects of construction including
providing all necessary inspections and other steps necessary for Braddock & Logan to open
models and proceed with production of the project. I agreed, on behalf of Braddock & Logan,
that Braddock & Logan would not allow any of the units to be occupied by residential
homeowners until the hearing of the City Council on June 20, 2006. We will, however, proceed
to use a certain number of the buildings under construction for models and sales office purposes.
Braddock & Logan will notify all prospective home purchasers of limitations on the use of the
property for residential purposes prior to that date. If I have misstated our agreement in any way,
please contact me immediately.
Very truly yours,
c-
-~
L ....
effLawrence
.~---=""-
Attachment 4
05/22/2006 MON 10:44 [TX/RX NO 9992] ij]002
CITY OF DUBLIN
1 00 Civic Plaza. Dublin, Cailfornia 94568
Website: http://www.cLdublln.ca.uo
May 22, 2006
Mr. Jeff Lawrence
Braddock & Logan Services, Inc.
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94506-4613
Re: San Ramon Village
Phased Occupancy Request - Response to letter dated May 22, 2006
Dear Mr. Lawrence:
This letter is in response to your letter dated today regarding the denial of the Phased
Occupancy Request. Your letter is reflective of our understanding with the following
caveats:
I. The City is willing to issue temporary certificates of occupancy for the models if
the City receives a letter from Braddock & Logan indicating tl3at B&L is
proceeding at their own risk in opening the models and selling units; and
2. Any notification to prospective purchasers should inform them that no
occupancies will be granted until the P .D. Zoning is changed for tl3e site - not as
stated in your letter "that Braddock & Logan will notify all prospective home
purchasers oflimitations on the use of the property for residential purposes prior
to that date."
~
Community Development Director
Cc: Rich Ambrose, City Manager
John Bakker, Assistant City Attorney
Gregory Shreeve, Building Official
Mary Jo Wilson, Planning Manager
Area Code (925) . City Manager 833~6650 . City Council 833-6650 . Personnel 833-6605 . Economic Development 833-6650
Finance 833-6640 . Public WorksfEngineering 833-6630 . Parks & Community Services 833-6645 . Police 833-6670
Planning/Code Enforcement 833-6610 . Building Inspection 833-6620 . Fire Prevention Bureau 833.6606
Printed on Recycled Paper
Attachment 5
OS/23/2006 14:41 FAX 9256485700
Braddock&Logan
IiZI 002100:
rIlL
BRADDOCK & LOGAN SERVICES. INC.
BUILDERS ~ DEVELOPERS
ESTABLISHED 1947
p, 0, BOX 5300
DANVJLLE. CALIFORNIA 94526-1076
TELEPHONE (925) 736-4000
FACSIMILE (925) 648-5700
VIA FACSIMlLIE: (925) 833-6628
May 23, 2006
Ms. Jeri Ram
Community Development Director
City of Dublin '
100 Civic Plaza
Dublin, CA 94568
Re: San Ramon Village
Phased Occupancy Request
Dear Ms. Ram:
I am writing in response to your letter to J eft' Lawrence dated May 22, 2006, regarding
Braddock & Logan's request for approval of a Phased Occupancy Permit for the San Ramon
VillageIWillows project in Dublin. Mr. Lawrence is out of the office for the next few days and
has asked me to respond on his behalf.
In response to the items set forth in your letter, Braddock & Logan responds as foIlows:
1. Braddock & Logan agrees that from this point forward it is proceeding at its own risk in
opening models and selling units until the City Council addresses this issue at its meeting
on June 20, 2006.
2. Braddock & Logan wiIl notify prospective purchasers that the City of Dublin has
informed it that the City wiIl not grant any occupancies until the P.D Zoning has been
changed for the site and that the City has scheduled this item to be agendized for a City
Council meeting on June 20, 2006.
Very truly yours,
~ lJf2-
-'
Robert Miller
General Counsel
cc: Jeff Lawrence
Jerry Cody
Attachment 6
OS/23/2006 TUE 15:45 [TX/RX NO 5030] 1iZI002
Temporary Uses: The following temporary uses are allowed provided they meet the regulations
and procedures of the Zoning Ordinance for Temporary Uses:
1. Tract and Sales Office/Model Home Complex
2, Arts and Crafts Fair
3. Fireworks Sale
4. Outdoor sale by established business establishment
5. Subdivision signs, office, sales and equipment yard
6. Temporary Construction trailer
7. Pumpkin, Christmas Sales Lots
Note: Uses Bet speeiHeally approved threl:lgk the Site Develepffief!t Review fer the projeet shall reljl:lire a
Site DevelspffieHt Review 'Naiver appfsvaI BY Cemmlillity Develepffief!t Direetsr. Uses not specifically
listed shall require a minor amendment to the Planned Development Zoning District in accordance with
Section 8.32.080 of the Dublin Zoning Ordinance.
Under the proposed tenant mix, restaurant uses would account for 5,500 square feet of floor area. Prior to
approving a tenant improvement / City business license for additional restaurant floor area San Ramon
Village Plaza, the applicant shall provide evidence to the satisfaction of the Community Development
Director that parking available at the center is adequate to support additional restaurant uses.
Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the
provisions of this PD District Rezone/Development Plan, all applicable general requirements and
procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District
Rezone.
2. Stage 1 and 2 Site Plan. See Sheet 4 of Exhibit A-I (project plans).
3. Site Area, Proposed Densities, Phasing and Development Regulations.
PHASE NO. LOTI MAXIMUM NO. ACRES DU'S PD
PARCEL DWELLINGSI BUILDING lAC STAGE
AREA NO.
1 -1- ~ 4J 42 CONDOMINIUMS & 2,23 19,28 1 and 2
COMMON OPEN SPACE
2 3 g 14 CONDOMINIUMS ,71 18.30 1 and 2
SUBTOTAL: 56 CONDOMINIUMS 2,94 18,02 1 and 2
CSHlHlereial I II 14.377 sa, ft, of commercial 1.68 0 1 and 2
rot.iFofiic. I retail
TOTAL 1,2,3 56 4,62 \2,2 1 and 2
*Strikeouts denote deletions; Underlines denotes additions.
Residential Medinm Density Homes (Townhome-style Condomimiums)
Minimum Lot Size per d.u.:
Maximum density:
Minimum Site Area:
Minimum Building Setbacks:
2,000 sq. ft.
56 units
2.24 acres
10' minimum
A. Public Street Frontage:
Front Yard Setback:
10' minimum;
5
Attachment 7
Setbacks:
A. Front:
B. Side:
C. Street Side:
D. Rear:
20 ft. minimum
o ft. minimum, except shall be lOft, where abutting
residential
10 ft. minimum
o ft. minimum
Height:
36 ft. maximum
Coverage:
N/A
Parking/Garages:
Compact Spaces:
As required by City of Dublin Off-street parking standards
35% oftotal required parking, maximum
4. Architectural Standards. See attached Floor Plans and Elevations by The Dahlin Group,
Sheets A,I through A-18, contained in Exhibit A-I (project plans). Any modifications to the
project design shall be substantially consistent with these plans and of equal or superior
materials and design quality,
S. Phasing Plan. The site will be developed in up to two phases. Refer to Sheet 4 ~ of Exhibit
A-I (project plans)
6. Master Neighborhood Landscaping Plan/Preliminary Landscape Plan. Refer to Exhibit
A-I (project plans), Sheets L-I through L-7, Preliminary Landscaping Plan by The Guzzardo
Partnership. All Project monumentation and entry signs shall conform to Sheets L-6 and L-
7, Preliminary Landscaping Images and Details of the Project Plans. A Final Landscaping
Plan will be required to be submitted and approved prior to building permit issuance..
7. General Plan Consistency. San Ramon Village Plaza project includes a General Plan
amendment which modifies General Plan maps and text for the project. The project PD-
zoning and this Stage I and 2 Development Plan shall not be effective until the above
general plan amendments are approved and effective.
8. Inclusionary Zoning Regulations. To satisfy the City's Inclusionary Zoning Ordinance
(Dublin Municipal Code Chapter 8.68) and any amendments thereto, 12.5%, or 7 dwelling
units in the project must be Inclusionary units in accordance with the regulations of the
Ordinance. The ApplicantlDeveloper shall construct all 7 units in Phases I and 2, and
designate those units as for-sale ("ownership") Inclusionary units affordable to very low-,
low-, and moderate-income households, and shall enter into an agreement with the City to
impose appropriate resale controls and rental restrictions on the units, prior to recordation of
final map
9. Aerial Photo. See Sheet ~ J of Exhibit A-I (project plans),
10. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided
in this Stage I and 2 Development Plan, the use, development, improvement and
maintenance of the Property shall be governed by the provisions of the Dublin Zoning
Ordinance pursuant to section 8.32,060.C.
7
Tables from City Council Staff Report
Table 5. Ordinance 19-04 Development Plan Chart
PHASE NO. LOTI MAXIMUM NO. ACRES DU'S PD
PARCEL DWELLINGS lAC STAGE
NO.
1 1 43 & COMMON 2.23 19.28 1 and 2
OPEN SPACE
2 3 13 .71 18.3 1 and 2
SUBTOTAL: 56 2.94 1 and 2
Commercial 1 0 1.68 0 1
retai1/office
TOTAL 1,2 3 56 4.62 12.12
Table 6. May 18, 2004 Staff Report Chart
PHASE LOTI MAXIMUM NO. ACRES DU'S lAC PD
NO. PARCEL DWELLINGS/ STAGE
BUILDING AREA NO.
1 2 43 Condominiums and 2.23 19.28 1 and 2
common onen snace
2 3 13 condominiums .71 18.30 1 and 2
SUBTOTAL: 56 Condominiums 2.94 18.02 1 and 2
1 1 14,377 sq ft. of 1.68 0 1 and 2
commercial retail
TOTAL 1,2,3 56 4.62 12.2 1 and 2
Attachment 8