HomeMy WebLinkAbout6.7 EAH Inc. Transit Ctr CITY CLERK
AGENDA STATEMENT ~
CITY COUNCIL MEETING DATE: April 6, 2004
SUBJECT:
ATTACHMENTS:
PUBLIC HEARING: PA 03-061 Dublin Transit Center Site A-2 (EAH,
Inc) Stage 2 Planned Development Zoning and Development Agreement
Report Prepared by: Marnie R. Waffle, ~lssistant Planner ~f/
1. Ordinance __-04 adopting a Stage 2 Planned Development Zoning
Development PI.an (with Development Plan attached as Exhibit A).
2. Ordinance __-04 adopting a Development Agreement (with the
Development Agreement attached as Exhibit A).
3. Planning Commission Staff Report dated March 23, 2004, without
attachments.
4. Planning Commission Resolution 04-23 recommending City
Council approval of a Stage 2 Planned Development Zoning.
5. Planning Commission Resolution 04-24 approving PA 03-061
Dublin Transit Center Site A-2 (EAH, Inc) Site Development
Review (with project plans attached as Exhibit A and Written
Statement as Exhibit B).
6. Planning Commission Resolution 04-25 recommending City
Council approval of a Development Agreement.
RECOMMENDATION:
2.
3.
4.
5.
Open Public Heating and receive Staff presentation.
Take testimony from the Applicant and Public.
Question Staff, Applicant, and Public.
Close Public Hearing and deliberate.
Waive the reading and introduce an Ordinance approving Stage 2
Planned Development Zoning (with Development Plan attached as
Exhibit A).
Waive the reading and introduce an Ordinance approving a
Development Agreement (with the Development Agreement
attached as Exhibit A).
FINANCIAL STATEMENT: No financial impact.
BACKGROUND:
In December 2002 the City Council adopted Resolution 216-02 approving a General Plan/Eastern Dublin
Specific Plan Amendment; Ordinance 21~02 approving a Stage 1 Planned Development Zoning; and,
Resolution 02-40 approving Tentative Parcel Map 7892, for the Dublin Transit Center, located generally
G:\PA#~2003\03-061 Transit Center A-2\CCSR 04-06-04.do¢
COPIES TO: Applicant
Property Owner
ITEM NO. ~
between the Iron Horse Trail to the West, Dublin Boulevard to the North, Arnold Road to the East, and
the Dublin/Pleasanton BART Station to the South. A Master Development Agreement for the Dublin
Transit Center was adopted by Ordinance 5-03 in May 2003 and together with the approved General
PlanfEastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, and Tentative
Parcel Map established the land use approvals for the future development of the site.
The Dublin Transit Center project area includes the future development of 1,500 residential units on Sites
A, B and C; 2-million square feet of campus office on Sites D and E; and 70,000 square feet of ancillary
retail uses to be dispersed between Sites B-E. Open space will be provided in the form of a 12.20 gross
acre park, located on Site F and a 1-acre Village Green located between Sites B and C. The Transit Center
project area also includes 8.65 gross acres of public/semi-public uses including the future BART parking
garage, PG & E substation, and surface BART parking.
The project, Dublin Transit Center Site A-2, includes Stage 2 Planned Development Zoning, Site
Development Review, and a Development Agreement, for the construction of a 112-unit affordable
apartment community within a portion of Dublin Transit Center Site A. The Stage 1 Planned
Development Zoning for Site A allows for a maximum of 530 residential units to be constructed on the
site. Land uses surrounding the project site include, future high density residential to the east, west, and
south; Dublin Boulevard lies to the north of the project site.
Dublin Transit Center Site A-2, as proposed, would require the subdivision of 10.92 gross acres of land
(8.92 net acres) within Dublin Transit Center Site A for the creation of Parcels A-l, A-2 and A-3. The
Tentative Parcel Map that will record the subdivision has been submitted under a separate planning
application and is not part of the Site A-2 application. According to the Subdivision regulations of the
Dublin Municipal Code, parcel maps involving the subdivision of 4 or fewer lots are reviewed and
approved by the Community Development Director. Staff is currently reviewing the Tentative Parcel Map
submitted for the subdivision of Dublin Transit Center Site A.
Planned Development Zoning
The proposed Stage 2 Development Plan for Transit Center Site A-2 is compatible with the Dublin Transit
Center Stage 1 Development Plan in that the Project is a high density residential land use as planned for in
the Stage 1 Development Plan and conforms with the development regulations established under the Stage
1 Development Plan for maximum building heights and parking ratios. The project includes 112-units on
2.0 net acres of land at a net density of 56 units per acre. While this density is lower than the net density
for Site A as a whole (64 net), the build out of Site A will not exceed the maximum 530 units planned for
the site and the density of Site A will be in accordance with the Stage 1 Planned Development zoning.
The proposed residential apartment building is 3 stories over parking and meets the parking requirement
of 1.5 spaces per unit as it proposes to provide 169 on-site parking spaces (See Exhibit A to Attachment
5).
The development of Site A-2 complies with the Stage 1 Planned Development Zoning for the Dublin
Transit Center as it is compatible with the Dublin Transit Center land use concept to maximize transit
opportunities presented by the adjacent Dublin/Pleasanton Bay Area Rapid Transit (BART) Station and
will contribute to a vibrant, pedestrian friendly environment within easy walking distance of the BART
Station.
Site Plan and Architecture
At the March 23, 2004 Planning Commission meeting, the Commission adopted a Resolution approving
Site Development Review for the Site A-2 project (Attachment 5). The Site Development Review
approval is contingent upon City Council adoption of the Stage 2 Planned Development Zoning.
The Site A-2 project consists of 112 residential apartment units within a 4-story podium building on
approximately 2.0 net acres of land within Transit Center Site A. Parking would be located in a secured
garage on the ground floor. Eleven residential units wrap a portion of the parking garage on the ground
floor with the remainder of the units located on three floors above the ground level. A grand staircase and
entry plaza are located at the comer of DeMarcus Boulevard and a private access road on the south side of
the site, creating a significant focal point to the project. A fountain element is located in the center of the
entry plaza as well as a trellis. Potted plants line the dual staircase entry up to the podium level of the
project. A podium level courtyard provides opportunities for passive recreation and incorporates separate
play structures for children 3 and under and 4-10 years of age, as well as formal seating areas beneath
trellises and trees, and a community center with kitchen facilities, a computer room, a conference room,
restrooms, and a manager's office. (See Exhibit A to Attachment 5)
The general design theme and concept for the building exterior reflects elements of the traditional style.
These elements include full hip roofs; roof dormers; standing seam metal accents and composite roof
shingles; stucco and siding; stucco covered foam trim; and metal railings and grates. The color scheme
selected for the building is reflective of natural earth tones with contrasting accents and trims. Materials
and cOlor schemes are used to enhance articulation of the building. Two tower elements create significant
focal points to the project and are located at the northwest and southeast comers of the building. A full
hip, standing seam metal rooftops off the tower elements. (See Exhibit A to Attachment 5)
Affordability
The Site A-2 project consists of 112 residential apartment units of which all units would be affordable to
very-low and low-income households. The unit affordability is proposed as follows:
1 bedroom 2 bedrooms 3 bedrooms Total
Very Low
19 (79%) 30 (57%) 18 (51%) 67 (60%)
(50% or below)
Low 5 (21%) 23* (43%) 17 (49%) 45 (40%)
(6o%-5o%)
Total 24 53 35 112
*Includes Manager Unit
In accordance with the terms of the Master Development Agreement, the Applicant is proposing to cluster
all very low and low incomes units on Site A-2. In addition, the Applicant is proposing to provide deeper
affordability of the low-income units by restricting them to households earning between 50% and 60% of
the area median income rather than the Inclusionary Zoning requirement of between 50% and 80% of the
area median income.
Management
There will be at least two (2) fulltime employees to manage and operate the residential apartment
community once it is constructed and fully leased. The property manager's office would be open for
regular business hours Monday through Friday from 9:00 am to 5:00 pm and a 24-hour standby
emergency call would be available during nights and weekends.
Development Agreement
One of the implementing measures of the Eastern Dublin Specific Plan is the requirement that the City
enter into a Development Agreement with developers in the 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 for a specified period of time. The Development Agreement is one means the City has to ensure
that the goals of the Eastern Dublin Specific Plan are met. Development Agreements are reviewed by the
Planning Commission and recommended to the City Council for action.
The proposed Development Agreement between the City of Dublin and EAH, Inc for the Dublin Transit
Center Site A-2 project is attached as Exhibit A of Attachment 2 to this Staff Report. The Development
Agreement (the "Dublin Transit Center Site A-2") labeled Exhibit A, is based on the standard
Development Agreement developed by the City Attorney and adopted by the City Council for Eastern
Dublin Projects and covers future Parcel A-2, including provisions related to infrastructure sequencing,
financing, fees and dedications, credits, and street lighting maintenance. The term of the Development
Agreement would be five (5) years from the date of approval.
Planning Commission Action
At the March 23, 2004 Planning Commission meeting, Staff presented the Dublin Transit Center Site A-2
project which includes a Stage 2 Planned Development Zoning, Site Development Review, and
Development Agreement. The Planning Commission voted 4-0-1, with one Commissioner absent, to
adopt Resolution 04-23 recommending City Council approval of the Stage 2 Planned Development
Zoning (Attachment 4); Resolution 04-24 approving Site Development Review (Attachment 5); and,
Resolution 04-25 recommending City Council approval of a Development Agreement (Attachment 6).
The Site Development Review approval is contingent upon City Council approval of the Stage 2 Planned
Development Zoning.
Environmental Analysis
Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found
exempt from CEQA pursuant to Govermnent Code section 65457 for residential projects that are
consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report
for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage
1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This
recommendation is based on a determination that there are no supplemental impacts that would require
preparation of a Supplemental Environmental Impact Report.
RECOMMENDATION:
Staff recommends that the City Council, 1) open the Public Hearing and receive Staff's presentation; 2)
take testimony from the Applicant and the Public; 3) question Staff, the Applicant, and the Public; 4)
close the Public Hearing and deliberate; 5) waive the reading and introduce an Ordinance (Attachment 1)
approving a Stage 2 Planned Development Zoning (with the Development Plan attached as Exhibit A);
and, 6) waive the reading and introduce an Ordinance (Attachment 2) approving a Development
Agreement (with the Development Agreement attached as Exhibit A).
4
ORDINANCE NO. - 04
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS DUBLIN
TRANSIT CENTER SITE A-2 (EAH, INC) PA 03-061
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAINS AS FOLLOWS:
Section 1. RECITALS
A. By Ordinance No. 21-02 the City Council rezoned the approximately 91-acre area known
as the Transit Center ("the Transit Center") to a Planned Development Zoning District and adopted a
Stage 1 Development Plan for the Transit Center.
B. This Ordinance adopts a Stage 2 Development Plan for a portion of the Transit Center,
known as Site A-2.
Section 2. FINDINGS AND DETERMINATIONS
Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:
The Project, known as Dublin Transit Center Site A-2 (EAH, Inc), Planned Development
Zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive
development plan that is tailored to the high density residential land uses proposed on the
Project site and creates a desirable use of land that is sensitive to surrounding land uses by
virtue of the layout and design which is in close proximity to mass transit.
Development of Dublin Transit Center Site A-2 (EAH, Inc) under the Planned
Development Zoning will be harmonious and compatible with existing and future
development in the surrounding area in that the land uses and site plan establish a high
density residential apartment community with on-site amenities and a variety of affordable
unit types. The land uses and site plan provide effective transitions to surrounding
development which is characterized by the proposed vehicular and pedestrian circulation
system.
Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows:
The Stage 2 Development Plan for Dublin Transit Center Site A-2 (EAH, Inc) will be
harmonious and compatible with existing and potential development in the surrounding
area in that the land uses and site plan establish a high density residential apartment
community with on-site amenities and a variety of affordable unit types. The land uses
and site plan provide effective transitions to surrounding development which is
characterized by the proposed vehicular and pedestrian circulation system.
The Stage 2 Development Plan for Dublin Transit Center Site A-2 (EAH, Inc) Planned
Development Zoning has been designed to accommodate the topography of the Project site
which typically is characterized as vacant, flat land suitable for the development of a
ATTACHMENT 1
l l o ,-t
residential apartment community and therefore physically
intensity of the proposed Planned Development Zoning district.
suitable
for the type and
The Stage 2 Development Plan 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 the Project will comply with all applicable development regulations and standards
and will implement all adopted mitigation measures.
The Stage 2 Development Plan is consistent with the 'Dublin General Plan, Eastern Dublin
Specific Plan, and the Transit Center Stage 1 Development Plan (Ordinance No. 21-02) as
it is in conformance with the land use designation of high density residential and the
various requirements of the Stage 1 Development Plan.
Pursuant to the California Environmental Quality Act, the City Council finds as follows:
The project is found to be exempt from CEQA pursuant to Government Code section
65457 for residential projects that are consistent with a Specific Plan. The Project is
~w_ithin the scope of the Final Environmental Impact Report for the Dublin Transit Center
General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH
2001120395) which was certified by City Council Resolution No. 215-02 dated November
19, 2002. This recommendation is based on a determination that there are no supplemental
impacts that would require preparation of a Supplemental EIR
Section 3. Map of the Property.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Stage 2 Development Plan
applies to the following property ("the Property"):
2+ net acres within an existing 8.29 net acre parcel [APN: 986-0001-010 in part] of Dublin Transit
Center Site A at the southwest comer of Dublin Boulevard and DeMarcus Boulevard. The Site A-
2 Project area begins at the comer of southwest comer of Dublin Boulevard and runs 400-feet in
width in a westerly direction and 189.50-feet in depth in a southerly direction.
A vicinity map showing the area for a Stage 2 Development Plan is shown below:
Section 4. APPROVAL
The regulations for the use, development, improvement, and maintenance of the Property are set forth in
the following Stage 2 Planned Development Zoning Development Plan for the Property, which is hereby
approved. Any amendments to the Stage 2 Planned Development Zoning Development Plan shall be in
accordance with Section 8.32.080 and/or Section 8.120 of the Dublin Municipal Code or its successors.
Stage 2 Development Plan for Dublin Transit Center Site A-2
This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This
Development Plan meets all the requirements for a Stage 2 Development Plan and is adopted as a zoning
amendment pursuant to section 8.32.030.B of the Dublin Zoning Ordinance. The Stage 2 Development
Plan consists of the items and plans identified below, many of which are contained in the Stage 2
Development Plan, dated April 20, 2004 ("Stage 2 Development Plan"), which are incorporated herein by
reference. The Stage 2 Development Plan booklet is on file in the Dublin Planning Department under
project file PA 03-061. The PD, Planned Development Zoning District and this Stage 2 Development
Plan provide flexibility to encourage innovative development while ensuring that the goals, policies, and
action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the
Zoning Ordinance are satisfied.
Statement of Compatibility with Stage 1 Development Plan. The Dublin Transit Center Site A-
2 (EAH, Inc) Stage 2 Development Plan is compatible with the Dublin Transit Center Stage 1
Development Plan in that the Project is a high density residential land use as planned for in the
Stage 1 Development Plan and conforms with the development regulations established under the
Stage 1 Development Plan for maximum building heights and parking ratios.
Statement of Permitted Uses. Permitted, conditional, accessory and temporary uses are allowed
as set forth in the Stage 2 Development Plan booklet, pp. 1-2.
3. Stage 2 Site Plan. See Stage 2 Development Plan booklet, pp. 3.
4m
Site Area, Proposed Densities. For site area, proposed densities, maximum permitted residential
units and maximum non-residential square footages, see Stage 2 Development Plan booklet, pp. 2.
5. Development Regulations. See Stage 2 Development Plan booklet, pp. 2-3.
6. Architectural Standards. See Stage 2 Development Plan booklet, pp. 3.
7. Preliminary Landscaping Plans. See Stage 2 Development Plan booklet, pp. 3.
am
Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this
Stage 1 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.
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.
3
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 20th day of April
2004, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Stage 2 Development Plan
Stage 2 Planning Development Zoning District (PA 03-061)
Dublin Transit Center Site A-2, EAH, Inc
(APN 986-0001-010 in part)
This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance for Dublin Transit Center Site A-2, located on the southwest corner of
Dublin Boulevard and DeMarcus Boulevard. This Development Plan meets all of the
requirements for Stage 2 Planned Development review of the project.
This Development Plan includes Site, Architectural, Circulation, and Landscape Plans, other
plans and exhibits prepared by KTGY Group, Inc date stamped received March 8, 2004 and
labeled Exhibit A to the March 23, 2004 Planning Commission Staff Report, stamped
approved and on file in the Planning Department. The Planned Development District allows
the flexibility needed to encourage innovative development while ensuring that the goals,
policies and action programs of the General Plan, Eastern Dublin Specific Plan, and
provisions of Section 8.32, Planning Development Zoning District of the Zoning Ordinance
are satisfied.
The Stage 2 Planned Development Zoning district Development Plan meets the requirements
of Section 8.32.040.B of the Zoning Ordinance and consists of the following:
1. Zoning
2. Permitted Uses
3. Conditional Uses
4. Temporary Uses
5. Accessory Uses
6. Dublin Zoning Ordinance - Applicable Requirements
7. Density & Affordability
8. Development Regulations
9. Parking/Garage and Loading
10. Site Plan and Architecture
11. Preliminary Landscape Plan
12. Compliance with Stage 2 Planned Development Plans
Stage 2 Planned Development Zoning District Development Plan
1. Zoning
PD, Planned Development Zoning District. This is a high density residential zoning
district which provides for high density residential uses.
2. Permitted Uses
Permitted uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage 1
Planned Development Zoning Development Plan (PA 00-013).
EXHIBIT A
PD, Planned Development Zoning District
PA 03-061 Dublin Transit Center Site A-2
3. Conditional Uses
Conditional uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage
1 Planned Development Zoning Development Plan (PA 00-013).
4. Temporary Uses
Temporary uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage
1 Planned Development Zoning Development Plan (PA 00-013).
5. Accessory Uses
Accessory uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage
1 Planned Development Zoning Development Plan (PA 00-013).
6. Dublin Zoning Ordinance - Applicable Requirements
Except as specifically modified by the provisions of this PD, Planned Development
Zoning District Development Plan, all applicable general requirements and procedures of
the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD,
Planned Development Zoning District Development Plan.
7. Density & Affordability
Site Area: 2.0 acres (net)
Density: 56 dwelling units per acre (net)
Number of Units: 112 dwelling units
Unit Mix: 1 bedroom, 1 bath flat 24 units (600 square feet)
2 bedrooms, 1 bath flat 27 units (894 square feet)
2 bedrooms, 1.5 bath townhouse 26 units (985 square feet)
3 bedrooms, 2 bath flat 35 units (1,165 square feet)
Unit Affordability:
1 bedroom 2 bedrooms 3 bedrooms Total
Very Low
19 (79%) 30 (57%) 18 (51%) 67 (60%)
(50% or below)
Low
5 (21%) 23* (43%) 17 (49%) 45 (40%)
(60%-50%)
Total 24 53 35 112
*Includes Manager Unit
8. Development Regulations
Unless otherwise stated below, all development regulations in this Stage 2 Planned
Development Zoning district are subject to the requirements of the R-M Zoning District.
2
PD, Planned Development Zoning District
PA 03-061 Dublin Transit Center Site A-2
Development Standard
Lot Area:
Lot Width:
Lot Depth:
Setbacks:
Height Limits:
Required Parking:
Multi-Family Residential
2 acres (net)
400 feet
189.50 feet
15' along Dublin Boulevard
20' along DeMarcus Boulevard
20' along One-Way Private Access Road
5' along Street "A"
3 stories over parking, 53'
1.5 spaces per dwelling unit
9. Parking/Garage and Loading
Parking/Garage, and Loading shall be provided in accordance with the Dublin Zoning
Ordinance standards and regulations, except as shown otherwise on the Site Plan (Sheet
A-l) and Ground Floor Plan (Sheet A-3) prepared by KTGY Group, Inc date stamped
received March 8, 2004 and labeled Exhibit A to the March 23, 2004 Planning
Commission Staff Report. The number of parking spaces shall be provided in accordance
with Section 8 above.
10. Site Plan and Architecture
This Development Plan applies to approximately +2 net acres on the southwest comer of
Dublin Boulevard and DeMarcus Boulevard. The architectural theme for the project is
based upon a contemporary style that provides two types of exterior finishes and color
blocking to articulate the massing of the building. See attached plans and building
elevations prepared by KTGY Group, Inc date stamped received March 8, 2004 and
labeled Exhibit A to the March 23, 2004 Planning Commission Staff Report. Any
modifications to the project Shall be substantially consistent with these plans and of equal
or superior materials and design quality.
11. Preliminary Landscape Plan
See plans (Sheet L-l) prepared by KTGY Group, Inc date stamped received March 8,
2004 and labeled Exhibit A to the March 23, 2004 Planning Commission Staff Report.
12. Compliance with Stage 2 Planned Development Plans
The project shall substantially comply with the project plans and details prepared by
KTGY Group, Inc date stamped received March 8, 2004 and labeled Exhibit A to the
March 23, 2004 Planning Commission Staff Report. Such project plans are incorporated
by reference.
ORDINANCE NO. -04
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********************************
APPROVING A DEVELOPMENT AGREEMENT FOR PA 03-061
DUBLIN TRANSIT CETNER SITE A-2 (EAH, INC)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
mo
EAH, Inc. submitted an application for a 112-unit affordable apartment community and related
improvements on a 2.0 acre site on the southwest comer of Dublin Boulevard and DeMarcus
Boulevard within a portion of Dublin Transit Center Site A. The project proposes a 3 story
residential building over one level of parking on the northeast portion of Site A. The development
includes applications for a Stage 2 Planned Development and Site Development Review
Development Agreement. The applications are collectively known as the "Project"; and
Pursuant to the California Environmental Quality Act, Staff has recommended that the project be
found exempt from CEQA pursuant to Government Code section 65457 for residential projects that
are consistent with a specific plan. The Project is within the scope of the Final Environmental
Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific
Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development
Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated
November 19, 2002. This recommendation is based on a determination that there are no
supplemental impacts that would require preparation of a Supplemental EIR. On March 23, 2004,
the Planning Commission adopted Resolution 04-23 recommending that the City Council adopt the
Stage 2 Planned Development, which resolution is incorporated herein by reference.
C. The text of the Development Agreement is attached to this resolution as Exhibit A.
The Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan and is authorized by Government Code section 65865 and Chapter 8.56 of the Dublin
Municipal Code.
A public heating on the proposed Development Agreement was held before the Planning
Commission on March 23, 2004, for which public notice was given as provided by law.
A public hearing on the proposed Development Agreement was held before the City Council on
April 6, 2004 and April 20, 2004, for which public notice was given as provided by law.
The City Council has considered the recommendation of the Planning Commission who considered
the item at the March 23, 2004 meeting, the Agenda Statement, all comments received in writing
and all testimony received at the public hearing.
ATTACHMENT 2
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (d) the Stage 1 Planned Development, (e) the
Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and
determines that:
1. Said Agreement is consistent with the objectives, policies, general land uses and programs
specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern Dublin Specific
Plan/General Plan land use designation for the subject site is High Density Residential and that the Dublin
Transit Center Site A-2 Project is consistent with that designation; b) the project is consistent with the
fiscal policies in relation to provision of infrastructure and public services of the City's Eastern Dublin
Specific Plan/General Plan; c) the Agreement sets forth the rules the Developer and City will be govemed
by during the development process which is required by the Eastem Dublin Specific Plan; and the
Mitigation Monitoring Program of the Eastern Dublin Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real prQperty is located in that the project approvals
include a Stage 2 Planned Development and Site Development Review.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies will implement land use guidelines set forth in the Specific Plan and the
General Plan which have planned for this use at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
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 and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A) and authorizes the
Mayor to sign.
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.
2
?ASSED ~aND ADOPTED BY the City Council o£ the City of Dublin, on this 20t~ day of April
2004, by thc £ollowing votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
F_AH, INC.
FOR THE DUBLIN TRANSIT CENTER SITE A-2 PROJECT
Development Agreement Between City of Dublin
and EAH, Inc.
683717,3
Page 1 of 16
DRAFT: 03/15/2004
THiS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this ~ day of ,2004, by and between the CITY OF DUBLIN, a
Municipal Corporation (hereafter "CITY") and EAH, Inc., a California corporation
(hereafter "DEVELOPER") pursuant to the authority of §§ 65864 et seq. of the
California Government Code and Dublin Municipal Code, Chapter 8.56. CITY and
DEVELOPER are, from time-to-time, individually referred to in this 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 (hereafter
"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 desires to develop and holds an equitable interest in, in
that it has the right to purchase, under that certain Agreement for Purchase and Sale of
Real Property and Escrow Instructions, dated December 9, 2003, between the Surplus
Property Authority of Alameda County and Developer ("the Purchase and Sale
Agreement"), certain real property consisting of approximately 2 acres of land, located
in the City of Dublin, County of Alameda, State of California, which is more particularly.
described in Exhibit A attached hereto and incorporated herein by this reference, and
which real property is hereafter called the "Property." The Alameda County Surplus
Property Authority ("COUNTY") presently is the fee owner of the Property.
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property. The Eastern Dublin
Specific Plan requires DEVELOPER to enter into a development agreement.
D. The Property is within an approximately 91-acre master-planned area
("the Transit Center Property") that was the subject in 2002 of a General Plan
Amendment, a specific plan amendment to add the area to the Eastern Dublin Specific
Plan, a master tentative map to create master parcels for development, and a master
development agreement ("the Transit Center Approvals").
E. DEVELOPER proposes the development of the Property as a 112-
unit affordable apartment community (the "Project").
G. DEVELOPER 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 (Resolution No. 216-
02), an amendment to the Eastern Dublin Specific Plan to add the Transit Center
Property to add the Dublin Transit Center to the specific plan area (Resolution No. 216-
02), a master tentative parcel map (tract 7892) (Planning Commission Resolution 02-
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40); a planned development district rezoning including a Stage I Development Plan
(Ord. No. 21-02); a vesting tentative parcel map (tract 8275) that would create the
parcel on which the Project would be constructed (Planning Commission Resolution
__); a Stage 2 Development Plan (Ord. No. ); and site development review
(Planning Commission Resolution No. __). 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."
H. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals, which, if granted, shall automatically become part
of the Project Approvals as each such approval becomes effective.
the Project.
CITY desires the timely, efficient, orderly and proper development of
J. The City Council has found that, among other things, this
Development Agreement is co.nsistent 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.
K. 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.
L. Pursuant to the California Environmental Quality Act (CEQA) the City
Council adopted Resolution No. __ finding that the Project is within the scope of the
Program EIR prepared for the Dublin Transit Center Approvals, which was certified
pursuant to the California Environmental Quality Act (CEQA) (Resolution 215-02); and
M. On , the City Council of the City of Dublin 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 Propertv.
The Property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
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The DEVELOPER has a legal or equitable interest in 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 CITY and DEVELOPER and that the
DEVELOPER is not an agent of 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 and Term.
4.1 Effective Date. The effective date of this Agreement shall
be the date ("the Effective Date") upon which a grant deed conveying the Property from
COUNTY to DEVELOPER is recorded in the Official Records of Alameda County. This
Agreement shall automatically terminate without any further action of the Parties upon
the happening of either of the following:
(a) if a grant deed conveying the Property from COUNTY to
DEVELOPER is not recorded within 12 months of the Approval Date: or
(b) if the Purchase and Sale Agreement is terminated for
any reason (and upon DEVELOPER's providing satisfactory of evidence of such fact to
4.2 Term. The "Term" of this Development Agreement shall
commence on the Approval Date and extend five (5) years thereafter, unless said Term
is otherwise terminated or modified by circumstances set forth in this Agreement.
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.
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,
provisions for reservation or dedication of land for public purposes and location and
maintenance of on-site and off-site improvements, location of public utilities (operated
by 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.
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5.3 Additional Conditions. Provisions for the following
("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated
herein by reference.
5.3.1 Subsequent Discretionary Approvals. Conditions,
terms, restrictions, and requirements for subsequent discretionary
actions. (These conditions do not affect DEVELOPER's responsibility
to obtain all other land use approvals required by the ordinances of
the City of Dublin and any permits required by regulatory agencies.)
See Exhibit B.
5.3.2 Mitigation Conditions. Additional or modified
conditions agreed upon by the parties in order to eliminate or mitigate
adverse environmental impacts of the Project or otherwise relating to
development of the Project.
See Exhibit B
5.3.3 Phasing, Timing. Provisions that the Project be
constructed in specified phases, that construction shall commence
within a specified time, and that the Project or any phase thereof be
completed within a specified time.
See Exhibit B
5.3.4 Financing Plan. Financial plans which identify
necessary capital improvements such as streets and utilities and
sources of funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of
fees or dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7
Miscellaneous. Miscellaneous terms.
See Exhibit B
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6. Applicable Rules, Regulations and Official Policies.
6.1 Rules re 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, 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 this Agreement.
6.2 Rules re Design and Construction. Unless otherwise
expressly provided in Paragraph 5 of this Agreement or in Chapter 7.28 of the Dublin
Municipal Code, the ordinances, resolutions, rules, regulations and official policies
governing design, improvement and construction standards and specifications
applicable to Project construction (but not use) shall be those in force and effect at the
time the DEVELOPER submits its application for the relevant building, grading, or other
construction permits to CITY. In the event of a conflict between such ordinances,
resolutions, rules, regulations and official policies and the Project Approvals, the Project
Approvals shall prevail.
For construction of public infrastructure, the ordinances, resolutions, rules,
regulations and official policies governing design, improvement and construction
standards and specifications applicable to Project shall be those in force and effect at
the time of execution of an improvement agreement between CITY and DEVELOPER
pursuant to Chapter 9.16 of the Dublin Municipal Code.
6.3 Building Standards Codes Applicable. Unless expressly
provided in Paragraph 5 of this Agreement or in Chapter 7.28 of the Dublin Municipal
Code, the Project shall be constructed in accordance with the provisions of the Building,
Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of
Regulations, relating to Building Standards, in effect at the time the DEVELOPER
submits its application for the relevant building, grading, or other construction permits
for the Project to CITY.
7. Subse(~uentlv Enacted Rules and Regulations.
7.1 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 Approval Date and which are not in conflict with those applicable to the
Property as set forth in this Agreement and the Project Approvals 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 otherwise contemplated by the Project Approvals and
(b) if such ordinances, resolutions, rules, regulations or official policies have general
(City-wide) applicability.
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7.2 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.
7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure is
enacted, whether by action of CITY, by initiative, referendum, or otherwise, that
imposes a building moratorium which affects the Project on all or any part of the
Property, CITY agrees that such ordinance, resolution or other measure shall not apply
to the Project, the Property, this Agreement or the Project Approvals unless the building
moratorium is imposed as part of a declaration of a local emergency or state of
emergency as defined in Government Code {}8558.
7.4 Rights Under Vesting Tentative Map. Notwithstanding
anything to the contrary contained herein, this Agreement shall not supercede any
rights DEVELOPER may obtain pursuant to CITY's approval of the vesting tentative
map for the Project.
8. Subsequently Enacted or Revised Fees, Asse.ssments and Taxes.
8.1 Fees, Exactions, Dedications. CITY and DEVELOPER
agree that the fees payable and exactions required in connection with the development
of the Project Approvals for purposes of mitigating environmental and other impacts of
the Project, providing infrastructure for the Project and complying with the Specific Plan
shall be those set forth in the Project Approvals and in this Agreement (including Exhibit
B). The CITY shall not impose or require payment of any other fees, dedications of
land, or construction of any public improvement or facilities, shall not increase or
accelerate existing fees, dedications of land or construction of public improvements, in
connection with any subsequent discretionary approval for the Property, except as set
forth in the Project Approvals and this Agreement (including Exhibit B., subparagraph
5.3.5).
8.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term of this Agreement shall
apply to the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of such
fees would not prevent development in accordance with this Agreement. By so
agreeing, DEVELOPER does not waive its rights to challenge the legality of any such
application, processing and/or inspection fees.
8.3 New Taxes. Any subsequently enacted city-wide taxes shall
apply to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development in
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accordance with this Agreement. By so agreeing. DEVELOPER does not waive its
rights to challenge the legality of any such taxes.
8.4 Assessments. Nothing herein shall be construed to relieve
the Property from assessments levied against it by CITY pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services which
benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that
any assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and DEVELOPER does not return its ballot, DEVELOPER
agrees, on behalf of itself and its successors, that CITY may count DEVELOPER's
ballot as affirmatively voting in favor of such assessment, fee or charge.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws.
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 approved by the City Council in
accordance with Chapter 8.56.
9.2 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.
9.3 Insubstantial Amendments. Notwithstanding the provisions
of the preceding section 9.2, any amendments to this Agreement which do not relate to
(a) the term of the Agreement as provided in section 4.2; (b) the permitted uses of the
Property as provided in section 5.2; (c) provisions for "significant" reservation or
dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (e) the density or intensity of use of
the Project; (f) the maximum height or size of proposed buildings; or (g) 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. CITY's Public Works Director shall determine whether a
reservation or dedication is "significant".
9.4 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. Any fees paid pursuant to Paragraph 5.3 and Exhibit B of
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this Agreement prior to the date of cancellation shall be retained by CITY.
10. Term of Proiec.t Approvals.
The term of any Project Approval shall be extended only if so provided
in Exhibit B.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement
shall be between July 15 and August 15, 2005 and each July 15 to August 15
thereafter.
11.2 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 Development Agreement.
The burden of proof by substantial evidence of compliance is upon the DEVELOPER.
11.3 Staff Reports. To the extent practical, 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.
11.4 Costs. Costs reasonably incurred by 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.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an
event of default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in CITY's regulations governing
development agreements, expressly including the remedy of specific performance of
this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of
default by any 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
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diligently pursues such cure to completion. Failure to give notice shall not constitute a
waiver of any default.
12.3 No Damages Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Any 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 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.
14. Mortgagee Protection; Certain Rights of Cure.
14.1 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 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.
14.2 Mortgagee Not Obligated. Notwithstanding the provisions of
Section 14.1 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 a 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.
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14.3 Notice of Default to Mortgagee and Extension of Riqht to
Cure. If 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 CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY that
DEVELOPER has committed 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. CITY,
through its City Manager, may extend the thirty-day cure period provided in section 12.2
for not more than an additional sixty (60) days upon request of DEVELOPER or a
Mortgagee. ,
15. Severabilit¥.
The unenforceability, invalidity or illegality of any provisions, covenant,
condition or term of this Agreement shall not render the other provisions unenforceable,
invalid or illegal.
16. Attorneys' Fees and Costs.
If 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 and appear in
defending such action. DEVELOPER shall bear its own costs of defense as a real
party in interest in any such action, and DEVELOPER shall reimburse CITY for all
reasonable court costs and attorneys' fees expended by CITY in defense of any such
action or other proceeding.
17. Transfers and Assi~qnments.
17.1 DEVELOPER's RiQht to Assign. All of DEVELOPER'S
rights, interests and obligations hereunder may be transferred, sold or assigned in
conjunction with the transfer, sale, or assignment of the Property subject hereto, or any
portion thereof, at any time during the term of this Agreement, provided that no transfer,
sale or assignment of DEVELOPER's rights, interests and obligations hereunder shall
occur without the prior written notice to CITY and approval by the City Manager, which
approval shall not be unreasonably withheld or delayed. The City Manager shall
consider and decide the matter within 10 working days after DEVELOPER's notice
provided and receipt by City Manager of all necessary documents, certifications and
other information required by City Manager to decide the matter. In considering the
request, the City Manager shall base the decision upon the proposed assignee's
reputation, experience, financial resources and access to credit and capability to
successfully carry out the development of the Property to completion. The City
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Manager's approval shall be for the purposes of: a) prOviding notice to CITY; b)
assuring that all obligations of DEVELOPER are allocated as between DEVELOPER
and the prOposed purchaser, transferee or assignee; and c) assuring CITY that the
proposed purchaser, transferee or assignee is capable of performing the
DEVELOPER's obligations hereunder not withheld by DEVELOPER pursuant to section
17.3. Notwithstanding the foregoing, provided notice is given as specified in Section
23, no CITY apprOval shall be required for any transfer, sale, or assignment of this
Agreement to: 1) any entity which is an affiliate or subsidiary of DEVELOPER; 2) any
Mortgagee; or 3) any transferee of a Mortgagee.
17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of DEVELOPER's rights, interests and obligations hereunder pursuant
to section 17.1 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, purchaser, or assignee 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.
17.3 Developer's Right to Retain Specified Rights or Obliqations.
Notwithstanding sections 17.1 and 17.2 and section 18, 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 purchaser, transferee or assignee shall
then have no interest or obligations for such rights, interests and obligations and this
Agreement shall remain applicable to DEVELOPER with respect to such retained rights,
interests and/or obligations.
18. Agreement Runs 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 assignees, 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)
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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.
19. Bankruptcy.
bankruptcy.
The obligations of this Agreement shall not be dischargeable in
20. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless 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 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 will cooperate with
DEVELOPER, will appear in such action and will not unreasonably withhold approval of
a settlement otherwise acceptable to DEVELOPER. If CITY is named as a party to any
legal action, CITY will cooperate with DEVELOPER, will appear in such action and will
not unreasonably withhold approval of a settlement otherwise acceptable to
DEVELOPER.
21. Insurance.
21.1 Public Liability and Property Damage Insurance. At all times
that DEVELOPER is constructing any improvements that will become public
improvements, 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) and a deductible of not more than ten thousand dollars
($10,000.00) 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.
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21.2 Workers Compensation Insurance. At all times that
DEVELOPER is constructing any improvements that will become public improvements,
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.
21.3 Evidence of Insurance. Prior to commencement of
construction of any improvements which will become public improvements,
DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in
Sections 21.1 and 21.2 and evidence that the carrier is required to give the CITY at
least fifteen 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.
22. Sewer and Water.
DEVELOPER acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of CITY.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notice required to be given to DEVELOPER shall be addressed as
follows:
EAH, Inc.
A party may change address by giving notice in writing to the other party and 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
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transmission which shall be deemed given upon verification of receipt.
24.
hereof.
25.
of the parties.
26.
Recitals.
The foregoing Recitals are true and correct and are made a part
Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement
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
Exhibit B Additional Conditions
27. Counterparts.
This Agreement is executed in three (3) duplicate originals, each of
which is deemed to be an original.
28. Recordation.
CITY shall record a copy of this Agreement within ten days of
DEVELOPER providing CITY notice that a grant deed conveying the Property from
COUNTY to DEVELOPER is recorded in the Official Records of Alameda County.
[EXECUTION PAGE FOLLOWS]
Development Agreement Between City of Dublin
and F_AH, Inc.
683717,3
Page 15 of 16
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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:
By: Date:
Mayor
Attest:
By: Date:
City Clerk
Approved as to Form:
City Attorney
EAH, INC., a California Corporation
Its:
Development Agreement Between City of Dublin
and EAH, Inc.
683717.3
Page 16 of 16
DRAFT: 03/15/2004
Exhibit A
Property Description
683717,3
Exhibit B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3
above.
Subparagraph 5.3.1 -- Subsequent Discretionary Approvals
None
Subparaaraph 5.3.2 -- Mitigation Conditions
Subsection a. Infrastructure Sequencing Program
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of dedication)
identified in Resolution No. __ approving Site Development Review ("the SDR
Resolution") shall be completed by DEVELOPER to the satisfaction and requirements
of the Public Works Director at the times and in the manner specified in the SDR
Resolution unless otherwise provided below.
--Condition 85 [Traffic Mitigation]
Condition 85 reads as follows:
Traffic Mitigation. The City is presently working on an update to the
Eastern Dublin Traffic Impact Fee ("the TIF") that would include the
Transit Center Property within the TIF area ("the TIF Update"). If the
Transit Center area is included in the TIF area prior to issuance of
building permits, the Developer shall pay the adopted TIF. If the TIF
Update is not effective at the time of building permit issuance, the
Developer shall pay a cash deposit equal to the City Engineer's estimate
of amount of the project's TIF were the TIF Update in effect ("the
Deposit"). If the developer makes the Deposit, immediately upon the TIF
Update becoming effective, Developer shall pay the actual TIF, either
from the deposit or with TIF credits, and, upon such payment, City shall
return the funds remaining from the Deposit. If the Deposit and
Developer's credits are inadequate to satisfy the TIF obligation, the
Developer shall make a cash payment to the City equal to the deficit. If,
within 2 years of building permit issuance, the TIF Update has not
become effective, Developer shall instead pay to City an amount equal
to Developer's fair share, based on average daily trips, and as
determined by the City Engineer, of the costs for the following
Development Agreement Between City of Dublin
and EAH, Inc. m EXHIBIT B
687317,3
Page 1
DRAFT: 03/15/2004
improvements: 1) Dougherty Road improvements at the Dublin
Boulevard intersection and the 1-580 ramps; 2) Scarlett Drive extension;
and 3) Hacienda Drive / 1-580 improvements, which improvements are
more fully described in Conditions 26, 27 & 29 of Approval for Parcel
Map 7892 (Planning Commission Resolution No. 02-40). Upon applying
the Deposit towards this obligation, the City shall immediately refund any
surplus funds to the Developer. If the Deposit is inadequate to satisfy
this obligation, the Developer shall make a cash payment to the City
equal to the deficit.
Notwithstanding the provisions of Section 4 of this Agreement,
Condition 85 shall survive termination of this Agreement.
(ii) Sewer
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water
An all-weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the SDR
conditions of approval to the satisfaction and requirements of the CITY's fire
department.
All potable water system components to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
Recycled water lines shall be installed in accordance with the SDR
conditions of approval.
(iv) Storm Drainage
Prior to issuance of the first Certificate of Occupancy for any building
which is part of the Project, the storm drainage systems off site, as well as on site
drainage systems to the areas to be occupied, shall be improved to the satisfaction and
requirements of the Dublin Public Works Department applying CITY's and Zone 7
(Alameda County Flood Control and Water Conservation District, Zone 7) standards
and policies which are applicable. Pursuant to Alameda County's National Pollution
Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional
Water Quality Control Board, all grading, construction, and development activities within
the City of Dublin must comply with the provisions of the Clean Water Act. Proper
erosion control measures must be installed at development sites within the City during
construction, and all activities shall adhere to Best Management Practices.
Development Agreement Between City of Dublin
and EAH, Inc. -- EXHIBIT B
687317.3
Page 2
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(v) Other Utilities (e.g. gas, electricity, cable televisions, telephone)
Construction of other utilities shall be complete by phase prior to
issuance of the first Certificate of Occupancy for any building within that specific phase
of development.
Subsection b. Miscellaneous
(i) Completion May be Deferred.
Notwithstanding the foregoing, CITY's Public Works Director may, in his
or her sole discretion and upon receipt of documentation in a form satisfactory to the
Public Works Director that assures completion, allow DEVELOPER to defer completion
of discrete portions of any of the public improvements required for the Project until after
issuance of Certificate of Occupancy for the first building for the Project if the Public
Works Director determines that to do so would not jeopardize the public health, safety
or welfare.
Sub=araaraDh 5.3.3 -- Phasinn, Timin~
This Agreement contains no requirements that DEVELOPER must initiate or
complete development of the Project within any period of time set by CITY. It is the
intention of this provision that DEVELOPER be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Subparagraph 5.3.4 -- Financing Plan
DEVELOPER will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements that qualify for credits as provided in
Subparagraph 5.3.6 below), unless otherwise required by this Agreement.
Other infrastructure necessary to provide sewer, potable water, and recycled
water services to the Project will be made available by the Dublin San Ramon Services
District. The present owner of the Property, the Alameda County Surplus Property
Authority, has entered into an "Area Wide Facilities Agreement" with the Dublin San
Ramon Services District to pay for the cost of extending such services to the Project.
Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above.
Subparagraph 5.3.5 -- Fees, Dedications
Subsection a. Traffic Impact Fees.
If the Transit Center Property is added to the area covered by the Eastern
Dublin Traffic Impact Fee at the time of issuance of building permits, Developer shall
pay the Eastern Dublin Traffic Impact Fee ("TIF') established by Resolution No. 225-99,
Development Agreement Between City of Dublin
and EAH, Inc. t EXHIBIT B
687317,3
Page 3
DRAFT: 03/15/2004
including any future amendments to such fee. Developer will pay such fees no later
than the time of issuance of building permits and in the amount of the impact fee in
effect at time of building permit issuance.
If the Transit Center Property is added to the area covered by the Eastern
Dublin Traffic Impact Fee at the time of issuance of building permits, Developer further
agrees that it will pay a minimum of five percent (5%) of the "Section 1/Category 1"
portion of the TIF in cash.
If the Transit Center Property is added to the area covered by the Eastern
Dublin Traffic Impact Fee at the time of issuance of building permits, Developer also
agrees that it will pay at least 12.4% of the "Section 2/Category 2" portion of the TIF in
cash. If City amends its TIF fee and as a result the City's outstanding balance due on
loans is more or less than 12.4% of total Section 2/Category 2 improvements, the
Developer shall pay such increased or reduced percentage of the "Section 2/Category
2" portion of the TIF in cash.
Subsection b.
Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchanftes.
DEVELOPER shall pay a Eastern Dublin 1-580 Interchange Fee in the
amounts and at the times set forth in City of Dublin Resolution No. 155-98, or in the
amounts and at the times set forth in any resolution revising the amount of the Eastern
Dublin 1-580 Interchange Fee.
Subsection c. Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 214-02, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the then-current amount of the fee.
Subsection d. Noise Mitiqation Fee.
DEVELOPER shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the amount of the fee in effect at time of building permit issuance.
Subsection e, School Impact Fees.
School impact fees shall be paid by DEVELOPER in accordance with
Government Code section 53080 and the existing agreement between DEVELOPER's
predecessor in interest and the Dublin Unified School District.
Subsection f. Fire Impact Fees.
Development Agreement Between City of Dublin
and EAH, inc. -- EXHIBIT B
687317,3
Page 4
DRAFT: 03/15/2004
DEVELOPER shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. DEVELOPER will
pay such fees no later than the time of issuance of building permits and in the amount
of the fee in effect at time of building permit issuance.
Subsection g. Tri-Valley Transporta..tion Development Fee.
DEVELOPER shall pay the Tri-Valley Transportation Development Fee in
the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. DEVELOPER will pay such fees no later
than the time of issuance of building permits and in the amount of the impact fee in
effect at time of building permit issuance.
Subparagraph 5.3.6 -- Credit
Subsection a. Traffic Impact Fee Improvements Credit
CITY shall provide a credit to DEVELOPER for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such
improvements are constructed by the DEVELOPER in their ultimate location pursuant
this Agreement. All aspects of credits shall be governed by CITY's Administrative
Guidelines regarding credits (Resolution No. 23-99).
Subsection b. Traffic impact Fee Right-of-Way Dedications Credit
CITY shall provide a credit to DEVELOPER for any TIF area right-of-way
dedicated by DEVELOPER to CITY which is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All
aspects of credits shall be governed by CITY's Administrative Guidelines regarding
credits (Resolution No. 23-99).
Subparagraph 5.3.7 -- Miscellaneous
Subsection a. Maintenance of Street Lighting
COUNTY has asked CITY to form an assessment district pursuant to the
Lighting and Landscaping Act of 1972 to pay for street lighting in order to satisfy the
obligation of future developers to pay for street lighting in the Dublin Transit Center
Property. In addition, COUNTY agreed in the Master Development Agreement to
record a Declaration of Covenants, Conditions and Restrictions or a similar document
("CC&Rs") that covers the Dublin Transit Center Property, whereby COUNTY, on behalf
of itself and its successors (including DEVELOPER), has covenanted to pay a "Deed
Assessment" to CITY for maintenance of street lighting and street light maintenance in
the event that the assessment for street light costs and maintenance is not levied
against the Dublin Transit Center Property, or any portion of it, in any year.
Development Agreement Between City of Dublin
and EAH, Inc. -- EXHIBIT B
687317.3
Page 5
DRAFT: 03/15/2004
DEVELOPER acknowledges that the City intends to form (or annex the Property to) a
landscaping and lighting district and impose an assessment on the Property for such
purposes. DEVELOPER hereby waives its right to protest the formation of or the
Property's annexation to the district and the imposition of the annual assessment. In
addition, DEVELOPER hereby covenants to pay a Deed Assessment, pursuant to the
terms of CC&Rs.
Development Agreement Between City of Dublin
and EAH, Inc. -- EXHIBIT B
687317.3
Page 6
DRAFT: 03/15/2004
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE:
March 23, 2004
SUBJECT:
PUBLIC HEARING: PA 03-061 Dublin Transit Center Site A-2 (EAH,
Inc) Stage 2 Planned Development Zoning, Site Development Review, and
Development Agreement
Report Prepared by: Marnie R. Waffle, Assistant Planner ~
ATTACHMENTS:
Resolution recommending City Council approval of PA 03-061
Dublin Transit Center Site A-2 (EAH, Inc) Stage 2 Planned
Development Zoning Development Plan (with the Development
Plan attached as Exhibit A).
Resolution approving PA 03-061 Dublin Transit Center Site A-2
(EAH, Inc) Site Development Review (with Project Plans attached
as Exhibit A and Written Statement as Exhibit B).
Resolution recommending City Council approval of PA 03-061
Dublin Transit Center Site A-2 (EAH, Inc) Development Agreement
(with the Development Agreement attached as Exhibit A).
Transit Center Location Map.
Focused Internal Traffic Cimulation Analysis by Omni Means.
Letter from Dublin resident Bruce Fielder in support of the proposed
project.
RECOMMENDATION:
1. Open Public Hearing and receive Staff presentation.
2. Take testimony from the Applicant and Public.
3. Question Staff, Applicant, and Public.
4. Close Public Hearing and deliberate.
5. Adopt Resolution (Attachment 1) recommending City Council
approval of a Stage 2 Planned Development Zoning Development
Plan (with the Development Plan attached as Exhibit A).
6. Adopt Resolution (Attachment 2) approving PA 03-061 Dublin
Transit Center Site A-2 (EAH, lne) Site Development Review (with
Project Plans attached as Exhibit A and Written Statement as
Exhibit B).
7. Adopt Resolution (Attachment 3) recommending City Council
approval of a Development Agreement (with the Development
Agreement attached as Exhibit A).
BACKGROUND:
In December 2002 the City Council adopted Resolution 216-02 approving a General Plan/Eastern Dublin
Specific Plan Amendment; Ordinance 21-02 approving a Stage 1 Planned Development Zoning; and,
Resolution 02-40 approving Tentative Parcel Map 7892, for the Dublin Transit Center, located generally
between the Iron Horse Trail to the West, Dublin Boulevard to the North, Arnold Road to the East, and
COPIES TO: Applicant ATTAC ENT 3
In house distribution
iTEM NO. ~
the Dublin/Pleasanton BART Station to the South. A Master Development Agreement for the Dublin
Transit Center was adopted by Ordinance 5-03 in May 2003 and together with the approved General
Plan/Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, and Tentative
Parcel Map established the land use approvals for the future development of the site.
The Dublin Transit Center project area includes the future development of 1,500 residential units on Sites
A, B and C; 2-million square feet of campus office on Sites D and E; and 70,000 square feet of ancillary
retail uses to be dispersed between Sites B-E. Open space will be provided in the form ora 12.20 gross
acre park, located on Site F and a 1-acre Village Green located between Sites B and C. The Transit Center
project area also includes 8.65 gross acres of public/semi-public uses including the future BART parking
garage, PG & E substation, and surface BART parking. (See Attachment 4)
The project, Dublin Transit Center Site A-2, includes Stage 2 Planned Development Zoning, Site
Development Review, and a Development Agreement, for the construction of a 112-unit affordable
apartment community within a portion of Dublin Transit Center Site A. The Stage 1 Planned
Development Zoning for Site A allows for a maximum of 530 residential units to be constructed on the
site. Land uses surrounding the project site include, future high density residential to the east, west, and
south; Dublin Boulevard lies to the north of the project site.
Dublin Transit Center Site A-2, as proposed, would require the subdivision of+10.92 gross acres of land
within Dublin Transit Center Site A for the creation of Parcels A-l, A-2 and A-3. The Tentative Parcel
Map that will record the subdivision has been submitted under a separate planning application and is not
part of the Site A-2 application. According to the Subdivision regulations of the Dublin Municipal Code,
parcel maps involving the subdivision of 4 or fewer lots are reviewed and approved by the Community
Development Director. Staff is currently reviewing the Tentative Parcel Map submitted for the
subdivision of Dublin Transit Center Site A.
Site A-2 is proposed to be developed as a 112-unit affordable apartment conununity with 67 very low
income units affordable to households earning below 50% of the area median income and 45 low income
units affordable to households earning between 50% and 60% of area median income. All of the
affordable units provided would satisfy the requirements of the Inclusionary Zoning Ordinance as well as
the terms of the Master Development Agreement for the provision of very low and low income units
within Dublin Transit Center.
ANALYSIS:
The project, Dublin Transit Center Site A-2, requires the approval of Stage 2 Planned Development
Zoning, Site Development Review and a Development Agreement. Both the Stage 2 Planned
Development and Development Agreement are Ordinances that require two public hearings before the
City Council. Staff is asking the Planning Commission to make a recommendation to the City Council
who will then take action on these items. The Site Development Review request is heard by the Planning
Commission and, if approved, is contingent upon approval of the Stage 2 Planned Development Zoning
by the City Council.
Stage 2 Planned Development Zoning
A Stage 1 Planned Development Zoning was adopted by the City Council for all of Dublin Transit Center
in December 2002 and established the permitted, conditionally permitted, and accessory uses; site areas
and proposed densities; maximum number of residential units and non-residential square footages; and, a
Master Landscaping Plan. For Transit Center Site A, the Stage 1 Planned Development allows for a
maximum of 530 high density residential units on approximately 10.92 gross acres of land with an
average gross density of 49 units per acre. The Stage 1 Planned Development Zoning also includes
maximum building heights for high density residential of 5 stories over parking and a minimum parking
standard of 1.5 spaces per unit for residential uses,
The Dublin Transit Center Site A-2 project proposes to develop + 2 acres of Site A for the construction of
112 residential apartment units at a gross density of 56 units per acre. While this density is greater than
the average density for Site A as a whole, the build out of Site A will not exceed the maximum 530 units
planned for the site and the average density of Site A will remain 49 units per acre in accordance with the
Stage I Planned Development zoning. The proposed residential apartment building is 3 stories over
parking and meets the parking requirement of 1.5 spaces per unit as it proposes to provide 169 on-site
parking spaces. (See Exhibit A to Attachment 1)
The development of Site A-2 complies with the Stage 1 Planned Development Zoning for the Dublin
Transit Center as it is compatible with the Dublin Transit Center land use concept to maximize transit
opportunities presented by the adjacent Dublin/Pleasanton Bay Area Rapid Transit (BART) Station and
will contribute to a vibrant, pedestrian friendly environment within easy walking distance of the BART
Station.
Site Development Review
Access and Circulation
The Dublin Transit Center Site A-2 project site would be bound by Dublin Boulevard to the north; a
proposed one-way private access drive to the south, separating the site from the remainder of Site A
southward; DeMarcus Boulevard to the east; and a proposed Street "A" to the west, separating the site
from the remainder of Site A westward. Access to the site would be from the westbound, one-way private
access drive off of DeMarcus Boulevard. Entry into the ground floor parking garage would be from the
proposed Street "A". Unit pavers are proposed at the entrance to the private access road and at pedestrian
crossing areas. The unit pavers would be designed as speed tables as a traffic calming measure. (See
Exhibit A to Attachment 2)
Site Plan
The project includes a 4-story podium building with parking located in a secured garage on the ground
floor. Residential units wrap a portion of the parking garage on the east and south sides of the building
with the remainder of the units located on three floors above the ground level. A grand staircase and entry
plaza are located at the comer of DeMarcus Boulevard and the private access road creating a significant
focal point to the project. A fountain element is located in the center of the entry plaza as well as a trellis.
Potted plants line the dual staircase entry up to the podium level of the project. At the podium level
access can be obtained to the leasing office. Disabled access to the podium level can be obtained from a
ground floor elevator accessed through a door located under the grand staircase at the entry plaza.
Adjacent to the leasing office is a community center with a multi-purpose room, kitchen, computer
training room, restrooms, and vending machines. The community center opens up to the community open
space on the podium level where there are opportunities for passive recreational activities. (See Exhibit A
to Attachment 2)
Floor/Unit Plans
The Applicant is proposing four different unit plans to be used throughout the project that vary in size and
layout. Three of the unit plans would be flats and the fourth a towrthouse unit. The units would range in
size from 600 to 1,165 square feet. Access to the units would be from interior corridors. Eleven ground
floor units would also have access from stoops along DeMarcus Boulevard and the one-way private access
drive. There would be four stairwells and two elevators located on every floor. Laundry facilities will be
provided at the southwest comers of the second and third floors. Two trash chutes are proposed on each
floor near the stairwells and elevators for trash and recyclable materials. Two collection areas are located
on the first floor in the parking garage next to the stairwells and elevators. (See Exhibit A to Attachment
2)
Table 2 provides a brief description of the basic elements of each unit type. Unit plans are distributed
fairy evenly throughout the project with slightly more 3-bedroom units.
Table 2
Unit Plan 1 27 600 1 1 No
Unit Plan 2 24 894 2 1 No
Unit Plan 3 26 985 2 1.5 No
Unit Plan 4 35 1,165 3 2 No
Total 112 -
Plan 1
Plan 1 is the smallest floor plan at 600 square feet. It is a I bedroom 1 bath unit with separate living and
dining rooms. Two windows, side by side, would be provided in the bedroom and access to the patio
would be through the living room. There will be 27 of these unit plans.
Plan 2
Unit Plan 2 is an 894 square foot floor plan with 2 bedrooms and 1 bathroom. Separate living and dining
rooms are provided with access to the patio through the living room. Two side-by-side windows are
provided in the master bedroom and one window in the second bedroom. There will be 24 of these unit
plans.
Plan 3
Unit Plan 3 is a town home unit at 985 square feet. Them will be 26 townhouses provided of which nine
will be located on the ground floor with stoops facing DeMarcus Boulevard and the one-way private
access road. Separate living and dining rooms are provided on the lower level with access to the patio off
of the dining room. A half bathroom is provided in the entryway. Two bedrooms and one bathroom are
provided on the second floor with one window in each bedroom.
4
Plan 4
Plan 4 is a 3 bedroom, 2 bathrooms flat at 1,165 square feet. Separate living and dining rooms are
provided with access to the patio through the living room. Two side-by-side windows are provided in the
master bedroom and one window in each of the other two bedrooms. There will be 35 of these unit plans.
Parking
The project is proposed as a four-story podium building with 112 units and ground floor parking within a
secured garage. Parking would be provided as follows: 161 structured parking stalls, 8 on-site surface
stalls, and 12 on-street stalls, for a total of 181 stalls. The 8 on-site surface stalls would be located along
the one-way private access drive and the 12 on-street parking stalls would be located along Street "A" and
DeMarcus Boulevard. Five disabled accessible stalls would be provided within the parking structure, one
of which would be van accessible; a sixth disabled accessible stall would be located adjacent to the entry
plaza along the one-way private access drive. (See Exhibit A to Attachment 2)
Of the 161 structured parking stalls, 85 are standard size stalls, 6 are compact stalls, and 70 are tandem
stalls. 147 stalls are reserved for residents and 22 are delineated as guest parking. The Dublin Zoning
Ordinance regulates tandem parking for single family dwellings and commercial and industrial uses, but
falls silent regarding multi-family apartment projects. Similarly, the Stage 1 Planned Development zoning
did not discuss the use of tandem parking within the Dublin Transit Center project area. The project
proposes to use tandem parking stalls to concentrate parking within a single level garage and still meet the
required 1.5 stalls per unit parking ratio. The Focused Internal Traffic Circulation Analysis (Attachment
5) conducted by Omni Means analyzed the tandem parking arrangement and concluded that tandem
spaces should be reserved for the larger apartment units. Furthermore, to ensure the functionality of the
tandem parking stalls, both stalls will be assigned to the same apartment unit.
Additional guest parking (12 stalls) will be provided on Street "A" and DeMarcus Boulevard. According
to the Focused Internal Traffic Circulation Analysis conducted by Omni Means, 15% of the total parking
(25 stalls) is needed for residential visitors. The project proposes to provide 22 on-site guest parking stalls
and 12 off-site guest parking stalls. All parking stalls meet the required stall dimensions of 9-feet by 20-
feet for a standard stall and 8-feet by 17-feet for a compact stall, as set forth in the Dublin Zoning
Ordinance.
The amount of parking proposed, 169 on-site stalls and 12 on-street stalls, meets the parking requirement
of 1.5 stalls per unit established in the Stage 1 Planned Development Zoning for the Dublin Transit Center
and the 15% guest parking ratio recommended by the Omni Means traffic study. The amount of guest
parking provided is less than the Zoning Ordinance requirement of one guest stall per unit however the
Stage 1 Planned Development Zoning for the Dublin Transit Center supports lower parking ratios
consistent with transit oriented developments to encourage greater use of public transit.
Architecture
The general design theme and concept for the building exterior reflects elements of the traditional style.
These elements include full hip roofs; roof dormers; standing seam metal accents and composite roof
shingles; stucco and siding; stucco covered foam trim; and metal railings and grates. Given the mass and
scale of the four-story structure, materials and color schemes are used to enhance articulation and
undulation of the building. Particular attention has been paid to the articulation of exterior facades,
rooflines, window openings, and balconies. With the building height in mind, exterior facade planes have
been varied in terms of depth, color, and materials to provide visual interest and reduce mass. The ground
level is defined along the south and east sides of the building with stoops providing an exterior entrance
for those units located on the ground level. The north and west sides of the buildings are enhanced with
varying exterior finishes to break up the building mass and create visual interest.
Two tower elements create significant focal points to the project and are located at the northwest (Dublin
Boulevard and Street "A") and southeast (DeMarcus Boulevard and the private access road) comers of the
building. A full hip, standing seam metal rooftops off the tower element.
The color scheme selected for the building is reflective of natural earth tones with contrasting accents and
trims creating a harmonious palette for roof materials, exterior stucco, wood siding and stucco covered
foam trim, trellises and balcony rails. In general, the exterior design and color schemes provide an
interesting and attractive image given the scale and density of this project.
Landscaping and Fencing
In accordance with the Site Development Review Ordinance, the Applicant has provided a conceptual
landscape plan. The proposed plant palette has been reviewed by the City's landscape architect for
consistency with plant materials compatible with the climatic conditions in Dublin.
The most significant features of the landscape plan are the designs for the podium level courtyard and
entry plaza. The podium level courtyard has been designed to provide formal open space accessible from
the entry plaza and internal corridor on the second floor. The development pattern proposed incorporates
paved areas and walkways, seating areas and a series of canopy tress and trellises for shade. The
individual plant palette for the shrubs and bushes will accent the structure and provide softening of the
lower floor plane. The trees themselves will soften the building architecture while providing visual
backdrops for the courtyards themselves.
The one7way private access road off of DeMarcus Boulevard has been embellished with unit pavers and
landscaped bulb-outs for traffic calming and a pedestrian friendly environment.
The landscape features on the podium level include a formalized landscaped courtyard surrounded by
individual units. The podium level incorporates separate play structures for children 3 and under and 4-10
years of age, a formal seating area with table and chairs, formal planting rows and trellises to create
canopied seating areas, and a community center with kitchen facilities, a computer room, a conference
room, restrooms, and the manager's office. A trellis is featured in three comers of the courtyard as well as
a central focal point in the center of the podium. Outdoor barbeque facilities will be provided in addition
to tables and chairs for outdoor picnics. Lawn area is also provided for passive recreation, which may
include ball playing or lounging.
The streetscapes along the perimeters of Dublin Boulevard and DeMarcus Boulevard will be in
accordance with the streetscape approved for the Dublin Transit Center and include a combination of
trees, low shrubs and ground cover.
The overall landscape program for Transit Center Site A-2 will serve to visually enhance the buildings,
provide the residents with landscaped open space and amenities and will be consistent and in keeping with
the high quality landscape environments created on similar projects in Dublin.
6
Sound Attenuation
A mitigation measure contained in the Environmental Impact Report for the Dublin Transit Center
requires site specific acoustic reports to be prepared by qualified acoustical consultants. The report must
include detailed identification of noise exposure levels on the individual project site and a listing of
specific measures to reduce both interior and exterior noise levels to normally acceptable levels including
but not limited to glazing and ventilation systems, construction of noise barriers and use of buildings to
shield noise. As this project abuts Dublin Boulevard, a sound study will be required for compliance with
the mitigation measure and the project has been conditioned to reflect this requirement. Generally, normal
residential construction with upgraded windows can adequately attenuate vehicular noise for the interior
structures. However, exterior open space areas require special considerations when attenuation is
necessary. It is anticipated that several of the balconies facing Dublin Boulevard will require attenuation.
The normal method of accomplishing this is with the use of Plexiglas or tempered glass panels. The
architect has allowed for this eventuality in the design for the project. The Plexiglas or tempered glass
panels allow for the residents views to be uninterrupted and provides for an uninterrupted view of the
project from off site.
Affordabilit~
The purpose of Inclusionary Zoning is to increase the number of residential units affordable to households
of very-low, low, and moderate incomes. In order to accomplish this goal, the City has adopted an
Inclusionary Zoning Ordinance that requires all new residential developments of 20 units or more to
provide 12.5% of total number of units as affordable. Of those 12.5% affordable units, the Ordinance
further requires that 30% be affordable to very-low incomes, 20% to low incomes, and 50% to moderate
incomes. The Ordinance defines the levels of affordability for very-low, low, and moderate incomes as
follows:
1. Very-low: incomes that do not exceed 50% of the area median income;
2. Low: incomes that are between 50% and 80% of the area median income; and
3. Moderate: incomes that are between 80% and 120% of the area median income.
The Site A-2 project consists of 112 residential apartment units of which all units would be affordable to
very-low and low-income households. The unit affordability is proposed as follows:
- I bedroom ...... 2 bedrooms 3 bedro0,,.ms ...... Total
very.Low .......
19 (79%) 30 (57%) 18 (51%) 67 (60°,4)
(50% or below) ............................
Low 5 (21%) 23* (43%) 17 (49%) 45 (40%)
(_60%-50%), ........
'Total ..... ~4 53,. 35 112
*Includes Manager Unit
The Dublin Transit Center Master Development Agreement between the City and the Alameda County
Surplus Property Authority was approved by the City Council in May of 2003 and allows for the
clustering of all very low and low income units on Site A-2 of Transit Center with the moderate income
units constructed on other sites. At~er reviewing the terms of the Master Development Agreement, the
Planning Commission expressed concern to the City Council regarding the clustering of the very low and
low income units in one project rather than spread out among all of the proposed housing in Transit
Center. The City Council proceeded to approve the Master Development Agreement allowing for the
clustering of very Iow and low income units on Site A-2 in exchange for the provision of 15%
Inclusionary Units which is 2 ½ % above the current requirement of 12 ½ %.
In accordance with the terms of the Master Development Agreement, the Applicant is proposing to cluster
all very iow and low incomes units on Site A-2. In addition, the Applicant is proposing to provide deeper
affordability of the Iow-income units by restricting them to households earning between 50% and 60% of
the area median income rather than the Inclusionary Zoning requirement of between 50% and 80% of the
area median income.
ManaRement
There will be at least two (2) fulltime employees to manage and operate the residential apartment
community once it is constructed and fully leased. The property manager's office would be open for
regular business hours Monday through Friday from 9:00 am to 5:00 pm and a 24-hour standby
emergency call would be available during nights and weekends.
Development Agreement
One of the implementing measures of the Eastern Dublin Specific Plan is the requirement that the City
enter into a Development Agreement with developers in the 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 for a specified period of time. The Development Agreement is one means the City has to ensure
that the goals of the Eastern Dublin Specific Plan are met. Development Agreements are reviewed by the
Planning Commission and recommended to the City Council for action.
The proposed Development Agreement between the City of Dublin and EAH, lnc for the Dublin Transit
Center Site A-2 project is attached as Exhibit A of Attachment 3 to this Staff Report. The Development
Agreement (the "Dublin Transit Center Site A-2") labeled Exhibit A, is based on the standard
Development Agreement developed by the City Attorney and adopted by the City Council for Eastern
Dublin Projects and covers future Parcel A-2, including provisions related to infrastructure sequencing,
financing, fees and dedications, credits, and street lighting maintenance. The term of the Development
Agreement would be five (5) years from the date of approval.
State law requires that there be three public hearings on Development Agreements. The purpose for the
hearing before the Planning Commission is to recommend approval of the Development Agreement to the
City Council.
ENVIRONMENTAL ANALYSIS:
Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found
exempt from CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with a specific plan. Thc Project is within the scope of the Final Environmental Impact Report
for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage
1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This
recommendation is based on a determination that there are no supplemental impacts that would require
preparation of a Supplemental Environmental Impact Report.
8
CONCLUSION:
This application has been reviewed by applicable City departments and agencies and their comments have
been incorporated into the Stage 2 Planned Development Zoning and Site Development Review. The
proposed project is consistent with the Dublin General Plan and Eastern Dublin Specific Plan, and the
Stage 1 Planned Development Zoning for the Dublin Transit Center and represents an appropriate project
for the site.
RECOMMENDATION:
Staff recommends that the Planning Commission open the Public Hearing and receive Staffs presentation;
take testimony from the Applicant and the Public; question Staff, the Applicant, and the Public; close the
Public Hearing and deliberate; and, adopt the following:
1. Adopt Resolution (Attachment I) recommending City Council approval of a Stage 2 Planned
Development Zoning Development Plan (with the Development Plan attached as Exhibit A).
Adopt Resolution (Attachment 2) approving PA 03-061 Dublin Transit Center Site A-2 (EAH,
Inc) Site Development Review (with Project Plans attached as Exhibit A and Written Statement as
Exhibit B).
3. Adopt Resolution (Attachment 3) recommending City Council approval of a Development
Agreement (with the Development Agreement attached as Exhibit A).
9
GENERAL iNFORMATION:
APPLICANT:
· PROPERTY OWNER:
LOCATION:
ASSESSORS PARCEL
NUMBER:
EXISTING ZONING:
GENERAL PLAN
DESIGNATION:
SPECIFIC PLAN
DESIGNATION:
EAH, Inc
Benny Kwong
2169 E. Francisco Boulevard
San Rafael, CA 94901
sallie
Southwest comer of Dublin Boulevard and DeMareus Boulevard
986-0001-010 in part
PD, Planning Development
High Density Residential (25.0+ dwelling units per acre)
High Density (25.0+ dwelling units per acre)
l0
RESOLUTION NO. 04-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
qq
RECOMMENDING CITY COUNCIL ADOPTION OF STAGE 2 PLANNED DEVELOPMENT
ZONING FOR PA 03-061 DUBLIN TRANSIT CENTER SITE A-2 (EAH, INC) LOCATED AT
THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND DEMARCUS BOULEVARD
(APN 986-0001-010 in part)
WHEREAS, the Applicant, Benny Kwong of EAH, Inc., has requested approval of Stage 2
Planned Development Zoning for PA 03-061, Dublin Transit Center Site A-2, for the construction of a
112-unit affordable apartment community on approximately +_2 acres of land, located on a portion of Site
A of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southwest comer of Dublin
Boulevard and DeMarcus Boulevard; and
WHEREAS, the Applicant has submitted a complete application for Stage 2 Planned
Development Zoning for the construction of a 112-unit affordable apartment community which is
available and on file in the Planning Division; and
WHEREAS, the Applicant has submitted project plans in conjunction with the requested
entitlement dated received March 8, 2004 and a Stage 2 Development Plan; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared; and
WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that
the project be found exempt from CEQA pursuant to Government Code section 65457 for residential
projects that are consistent with a specific plan. The Project is within the scope of the Final
Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin
Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and
Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02
dated November 19, 2002. This recommendation is based on a determination that there are no
supplemental impacts that would require preparation of a Supplemental EIR; and
WHEREAS, a public hearing was scheduled before the Planning Commission on March 23, 2004;
and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and
outlining the issues surrounding the request; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on
March 23, 2004; and
ATTACHMENT 4
WHEREAS, the Planning Commission did use its independent judgment and considered all said
reports, recommendations, and testimony hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding said Stage 2 Planned
Development Zoning:
A. The proposed amendment will be harmonious and compatible with existing and potential
development in surrounding areas.
B. The subject site is physically suitable for the type and intensity of the zoning district being
proposed.
C. The proposed amendment 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.
D. The proposed amendment is consistent with the Dublin General Plan and Eastern Dublin Specific
Plan.
E. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32
Planned Development Zoning District of the Dublin Zoning Ordinance.
F. Development under the Planned District Development Plan will be harmonious and compatible
with existing and future development in the surrounding area.
BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the
City Council approve the Stage 2 Planned Development Zoning in substantially the form attached as
Exhibit A for PA 03-061 Dublin Transit Center Site A-2 (EAH, Inc.).
PASSED, APPROVED AND ADOPTED this 23ra day of March 2004.
AYES:
Cm. Fasulkey, Nassar, Jennings, and Machtmes
NOES:
ABSENT: Cm. King
ABSTAIN:
ATTEST:
Planning Commission Chair
Planning Manager
RESOLUTION NO. 04-24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW FOR PA 03-061 DUBLIN TRANSIT CENTER SITE A-2
(EAH, INC) LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND
DEMARCUS BOULEVARD (APN 986-0001-010 in part)
WHEREAS, the Applicant, Benny Kwong of EAH, Inc., has requested approval of Site Development
Review for PA 03-061, Dublin Transit Center Site A-2, for the construction of a 112-unit affordable apartment
community on approximately +2 acres of land, located on a portion of Site A of the Dublin Transit Center, within
the Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and DeMarcus Boulevard; and
WHEREAS, the Applicant has submitted a complete application for Site Development Review for the
construction of a 112-unit affordable apartment community which is available and on file in the Planning Division;
and
WHEREAS, a Master Development Agreement for the Dublin Transit Center project was adopted by
Ordinance 5-03 and allows all required low income and very-low income units for the entire Dublin Transit Center
project to be located on Site A-2; and
WHEREAS, the Master Development Agreement requires that the project be in compliance with the
provisions of the City's Inclusionary Zoning Regulations in effect at the time of Site Development Review
approval; and
WHEREAS, based on the current lnclusionary Zoning Regulations 30% of the units must be set aside for
very Iow income households and 20% for low income households; and
WHEREAS, the Applicant is proposing to provide 67 very-low income units at 50% or less of the area
median income and 45 low income units at more than 50% to 60% of the area median incbme for a total of 112
affordable units in accordance with the terms of the Master Development Agreement and the City's Inclusionary
Zoning Regulations; and
WHEREAS, the Applicant has submitted project plans for the requested entitlement dated received March
8, 2004 and a color and materials board dated received January 14, 2004; 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 that
environmental documents be prepared; and
WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the
project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the
Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified
by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a
determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on March 23,
2004; and
ATTACHMENT 5
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of said
application; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding said Site Development Review:
The proposed construction of a 112 unit affordable apartment community, as conditioned, is consistent
with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance in that it
will contribute to orderly, attractive and harmonious site and structural development within the Dublin
Transit Center project area; is in compliance with the development regulations and zoning requirements of
the Stage 1 Planned Development adopted for Site A of Dublin Transit Center; and, will promote the
general welfare by providing more opportunities for affordable housing with the Dublin Transit Center and
the City as a whole.
Bo
The 112 unit affordable apartment community residential use complies with the policies of the General
Plan, the Eastern Dublin Specific Plan, with the development regulations and performance standards for
the Dublin Transit Center Stage 1 Planned Development Zoning in which the project is located, and with
all other requirements of the Zoning Ordinance as conditions of approval have been applied to the project
to ensure that the apartment community will be compatible with the surrounding area..
The proposed construction of a 112 unit affordable apartment community, as conditioned, 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, as there will not be any significant environmental impacts associated
with the project and the project has been conditioned to comply with all mitigation measures adopted as
part of the Dublin Transit Center EIR.
The proposed construction of a 112 unit affordable apartment community will not be injurious to property
or improvements in the neighborhood as the project is conditioned to comply with all Building Division,
Fire Department, Public Works Department, and Dublin San Ramon Services District requirements.
The proposed site development, including site layout, structures, vehicular access, circulation and parking,
setbacks, height, walls, public safety and similar elements, have been designed to provide a desirable
environment for the project and surrounding areas.
F. The subject site is physically suitable for the type, density and intensity of the proposed l l2-unit
affordable apartment community residential use and related structures.
The proposed construction of a 112 unit affordable apartment community will not impact views as the
proposed 4 story building will be constructed on a portion of Site A thus creating breaks in building
clusters when the remainder of Site A develops and is compatible with the Stage 1 Planned Development
zoning which allows for the creation of a high density residential community near mass transit for the
purpose of encouraging greater use of public transportation and less dependency on the automobile.
H. There are no impacts to slopes or topographic features as the site is generally flat.
Architectural considerations, including the character, scale and quality of the design, the architectural
relationship with the site and other buildings, building materials and colors, screening of exterior
appurtenances, exterior lighting, and similar elements have been incorporated into the project and as
conditions of approval in order to ensure compatibility of this development with the development's design
concept and the character of future residential uses.
Landscape considerations, including the location, type, size, color, texture and coverage of plant materials,
provisions and similar elements have been considered to ensure visual relief and an attractive environment
for the public.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA
03-061, Dublin Transit Center Site A-2 (EAH, Inc) Site Development Review to construct a 112-unit affordable
apartment community located at the southwest corner of Dublin Boulevard and DeMarcus Boulevard, as generally
depicted on the plans prepared by KTGY Group, Inc, labeled Attachment I to the March 23, 2004 Staff Report,
consisting of fourteen (14) sheets, dated received March 8, 2004, stamped approved, and on file with the
Community Development Department; the color and materials board dated received January 14, 2004, stamped
approved, and on file with the Community Development Department; and, the Applicant's written statement,
labeled Attachment 2 to the March 23, 2004 Staff Report, consisting of three (3) sheets, 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 or establishment of use, and shall be subject to Planning Department review and approval. The following
codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval:
[PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN]
Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon
Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental
Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore
Amador Valley Transit Authority, [CHS], California Department of Health Services.
Approval. This Site Development Review approval for Dublin Transit
Center Site A-2 (EAH, Inc), PA 03-061 establishes the detailed design
concepts and regulations for the project. Development pursuant to this
Site Development Review generally shall conform the project plans
submitted by KTGY Group, lnc dated received March 8, 2004 and the
colors and materials board received on January 14, 2004, on file in the
Community Development Department, and other plans, text, and
diagrams relating to this Site Development Review, unless modified by
the Conditions of Approval contained herein.
Effective Date. This Site Development Review approval is contingent
upon the approval of the related Stage 2 Planned Development zoning. If
the Stage 2 Planned Development zoning is not approved this Site
shall become null and void.
Permit Expiration. Construction or use shall commence within one (1)
year of Permit approval or the Permit shall lapse and become null and
void. Commencement of construction or use means the actual
construction or use pursuant to the Permit approval or, demonstrating
substantial progress toward commencing such construction or use. If
there is a dispute as to whether the Permit has expired; the City may hold
a noticed public hearing to determine the matter. Such a determination
may be processed concurrently with revocation proceedings in
If a Permit expires, a new application must be
PL On-going
PL
PL
Approval of
related
entitlements
Prior to May
4, 2005
3
made and processed a.c.c..grd!ng to the. requirements.of th.is.' Ordinance.
4. Time Extension. The original approving decision-maker may, upon the PL Prior to May
Applicant's written request for an extension of approval prior to 4, 2005
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.
5. Permit Validity. This Site Development Review approval shall be valid PL On-going
for the remaining life of the approved structure so long as the operators of
the subject property comply with the project's conditions of approval.
6. Revocation of permit. The Site Development Review approval shall be PL On-going
revocable for cause in accordance with Section 8.96.020.1 of the Dublin
Zoning Ordinance. Any violation of the terms or conditions of this
permit shall b~ subject to citation.
7. Clean-up. The Applicant/Developer shall be responsible for clean-up PL On-going
and disposal of project related trash to maintain a safe, clean, and litter-
free site.
8. Modi'fi~'~'t'i~nsi' Modifications or changes to 'this'" Si~e Development PL On-going
Review approval may be considered by the Community Development
Director if the modifications or changes proposed comply with Section
8.104.100 of the Zoning Ordinance.
9. Controlling Activities. The ApplicanffDeveloper shall control all PL On-going
activities on the 'project site so as not to create a nuisance to the existing
or surr. o__u~...ding,,businesses and residences.
10. Accessory/Temporary StruCtures. The use of any accessory or PL On-going
temporary structures, such as storage sheds or trailer/container units used
for storage or for any other purposes, shall be subject to review and
approval by the Community Development Director.
11. Fees. Applicant/Developer shall pay all applicable fees in effect at'the various Building
time of building permit issuance, including, but not limited to, Planning Permit
fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Issuance
Services District fees, Public Facilities fees, Dublin Unified School
District School Impact fees, Fire Facilities Impact fees, Alameda County
Flood and Water Conservation District (Zone 7) Drainage and Water
Connection fees; or any other fee that may be adopted and applicable.
12. Requirements and Standard Conditions. Various Building
The Applicant/Developer shall comply with applicable Alameda County Permit
Fire, Dublin Public Works Department, Dublin Building Department, Issuance
Dublin Police Services, Alameda County Flood Control District Zone 7,
Livermore Amador Valley Transit Authority, Alameda County Public and
Environmental Health, Dublin San Ramon Services District and the
California Deparmaent of Health Services requirements and standard
conditions. Prior to issuance of building permits or the installation of any
improvements related to this project, the Developer shall supply written
statements from each such agency or department to the Planning
Department, indicating that all applicable conditions required have been
or will be met.
13. Required Permits. ApplicanffDeveloper shall obtain all necessary PW Prior to
permits required by other agencies (e.g., Alameda County Flood Control Issuance of
District Zone 7, Alameda County Health Agency (if necessary), State Building
Water Quality Control Board, etc.) and shall submit copies of the permits Permits
to the Department of Public Works.
14. Mitigation Monitoring Program. The Applicant/Developer shall PL On-gong
comply wi~ ~e Dublin Tr~sit Center EIR Mitigation Monitor~g
Pro~ ~clud~g all mitigation measles, action pro,ams, ~d
~plementation me~es on file with ~e Co~uni~ Development
Dep~en~,.
1~. Sound Attenuation. ~e Applic~eveloper shall submit a site PL ~orto
specific acoustic repo~ to be prepped by qualified acoustical consulters. Issu~ce of
The acoustic repo~ shall include detailed identification of noise exposure Build~g
levels on ~e ~dividual project site ~d a listing of specific measures to Pe~its
reduce both ~terior ~d exterior noise levels to no,ally acceptable
levels includ~g but not limited to glaz~g ~d ventilation systems,
cons~ct.~0n of noise b~iers ~d use?f buildings to shield noise.
16. Equipment Screening. All elec~ical ~or mech~ical equipment shall PL T~o~
be screened ~om public view. Any roof-mo~ted equipment shall be Completio~
completely screened ~om view by matedals ~chitecmrally compatible On-gong
with the building ~d to the satisfaction of ~e Co~iW Development
D~ector.
17. Final Landscape and Irrigation Plan. A Final L~dscape and PL "Prior to
I~igation Plan prepped ~d s~ped by a S~te-licensed l~dscape Issu~ce of
architect or registered engineer, generally consistent wi~ ~e prcl~ Building
l~dscape pl~ prepped by ~e Gun,do P~ership, Inc dated received Pe~its
Febm~ 23, 2004, along wi~ a cost estimate of ~e work ~d materials
proposed, shall be submi~ed for review ~d approval by the Co~uniW
Development D~ector. L~dscape and i~igation plus shall provide for a
recycled water system.
18. Final Landscape Plan Review. "The pl~t pale~e v~ieties shall be PL Pri0rt~"
subject to review ~d approval of ~e D~e~or of Co~uniW Issu~ceof
Development ~or reviewed by ~e CiW's L~d~ape ~chitect to Building
~ dete~e compatibiliW wi~ rccla~ed water use, where appropriate. ~ Pe~its
i~igation pl~ shall be submi~ed with F~al L~dscape Plus ~dicat~g
that ~e system is desired for recla~ed water, where required by
DSRSD.
19. Conflicts with Proposed Lan~'sc~pe Features. The final landscape ~d PL ..... Prior ~o .....
i~igation pl~s shall show locations of all pedcs~i~ lift,g, utilities, Issuance of
~ainage ditches, ~d ~der~a~s at bosom of slopes. Pl~s shall address Build~g
~ee pl~t~g wi~in public se~ice easements to avoid conflicts wi~ Pe~its
utilities ~d s~eetli~ts.
20.'"'Standard Plant Mater['ai, Irrigation and Maintenance Agreement"."""'pL Prior to ....
The Applic~eveloper shall complete and submit to the Dubl~ Issuance of
Pl~ing Dep~ent ~e St~d~d Pl~t Material, I~igation ~d Build~g
Ma~[~.n~ce A~eement. Pe~its
21. Landscape Borders. All l~ds~Ped areas shall be bordered by a PL Pri~r'~' '
concrete c~b ~at is at least 6 ~chcs hi~ ~d 6 inches wide~ Curbs Issuance of
adjacent to p~k~g spaces must be 12 inches wide. All l~dscaped ~eas Building
shall be a minim~ of 6 feet in width (curb to c~b). Concrete mow Pe~its
s~ips at least 6 inches deep ~d 4 inches wide shall be required to
sep~ate ~f ~eas ~om s~b ~eas. L~dscape isl~ds adjacent p~king
spaces shall have a 5-foot radius or be ~o feet sho~er ~ ~c p~king
..spaces.
22. Maintenance of Landse~'pe. All l~dscape areas on the site shall be -~ On-gong
e~ced ~d properly maintained at all t~es. Any proposed or
modified l~dscaping to ~e site, including the removal or replacement of
~ees, shall ~.equire prior review ~d ~i~p approval ~om the Community ...
Development Director.
23. Water Em¢ient Landscape' a;gi, ations. Applic nt Develo' ' ;-shan "issu ce of
ensure that the Final Landscaping and Irrigation Plan conforms to the Building
City's Water Efficient Landscape Regulations, including dual piping to Permits
facilitate future rec>,cled.sv.a, ter.. . .......
24. Fire-Resistant and/or Drought Tolerant Plant Varieties. Final PL Issuance of
landscaping and irrigation plans shall include fire-resistant and/or drought Building
tolerant plant varieties in the plant....p...a, lette:... Permits
25. lnelusionary Zoning Regulations. The Applicant shall comply with all ADM, PL On going.
provisions of Chapter 8.68, Inclusionary Zoning Regulations of the
Dublin Zoning Ordinance except as modified by these conditions of
approval and/or an adopted Develgp..ment Agreement.
26. Inelusionary Zoning Requirements. The Applicant/ Developer shall PL '~'hrough
provide 67 very-low income units and 45 low-income units. Unit Completion
affordability shall be as shown in the PD, Planned Development zoning and
Development Plan labeled Exhibit A to City Council Ordinance~ -04, On going
approved on May 4, 2004. Any changes to the unit affordability must
first be reviewed and approved by the Director of Community
Development.
27. Affordable Housing Agreement. The Applicant shall enter into an ADM, PL Issuance o/"'
affordable housing agreement (or a regulatory agreement or such other any Project
legal mechanism including but not limited to CC&R's, satisfactory to the building
City Attorney) with the City to ensure that the affordable units required permits
by Condition 25 remain affordable for 55 years and that other provisions
of Chapter 8.68 of the Dublin Municipal Code (the Inclusionary Zoning
Regulations) are satisfied, including provisions relating to priorities in the
rental or sale of affordable units as set forth in Section 8.68.050 of the
Dublin Municipal Code. Such agreement (or other legal mechanism
including but not limited, to CC&R's) shall be recorded to ensure it has
priority over and is not subordinate to any other recorded document
affecting the property. . .......... :. ....
28. Master Sign Program. A Master Sign Program shall be applied for and PL Occupancy
approved for Project related siguage.
29. Colors. The exterior paint colors of the buildings are subject to City PL ..... Occupancy
review and approval. The Applicant shall paint a portion of the building
the proposed color for review and approval by the Director of
Comm~ity Development prior to painting the entire structure. . ...........
30. Geographic Information Systems. Once a development project ha.~"" PL, PW, Occupancy
been approved by the District Engineer and the Director of Public Works, DSRSD
then three (3) full size bluelines, one (1) reduced 11-inch X 17-inch copy,
and one (1) digital vectorized file on floppy or CD of Improvement Plans
shall be submitted to the District and the City. Digital raster copies are
not acceptable. The digital vectorized flies shall be in AutoCAD 14 or
higher drawing format or ESRi Shapefile format. Drawing units shall be
decimal with a precision of 0.00. Angles shall be in decimal degrees with
a precision of 0.00. All objects and entities in layers shall be colored by
layer. All layers shall be named in English. Abbreviations are acceptable.
All submitted map drawings shall use the Global Coordinate System of
USA, California, NAD 83 California State Planes, Zone III, and U.S.
foot. These requirements may be modified to the satisfaction of the GIS
coordinator.
31. Elevators. There shall be ele~;'r access to all floors of the building. PL, B Prior to
Occupancy,
On-going
32. Building Codes and Ordinances. All project construction shall conform B Through
to all building codes and ordinances in effect at the time of building Completion
permit.
33. Retaining W~lls. All retaining walls over 30 inches in height and in a B Through
walkway shall be provided with guardrails. AIl retaining walls over 24 Completion
inches with a surcharge or 36 inches without a surcharge shall obtain
permits. and inspection from the Building Division.
34. Phased Occupancy Plan. If occupancy is requested to occur in phases, B Prior to
then all physical improvements within each phase shall be required to be Occupancy of
completed prior to occupancy of any buildings within that phase except any affected
for items specifically excluded in an approved Phased Occupancy Plan, building
or minor handwork items, approved by the Department of Community
Development. The Phased Occupancy Plan shall be submitted to the
Director of Community Development and Public Works for review and
approval a minimum of 45 days prior to the request for occupancy of any
building covered by said Phased Occupancy Plan. Any phasing shall
provide for adequate vehicular access to all parcels in each phase, and
shall substantially conform to the intent and purpose of the subdivision
approval. No individual building shall be occupied until the adjoining
area is finished, safe, accessible, and provided with all reasonable
expected services and amenities, and separated from remaining additional
construction activity. Subject to approval of the Director of Community
Development, the completion of landscaping may be deferred due to
inclement weather with the posting of a bond for the value of the deferred
1 .a~..ds~.ap!ng and associated improvement.
35. Building Permits. To apply for building permits, Applicant/DevelOper B Issuance of
shall submit eight (8) sets of construction plans to the Building Division Building
for plan check. Each set of plans shall have attached an annotated copy Permits
of these Conditions of Approval. The notations shall clearly indicate how
all Conditions of Approval will or have been complied with.
Construction plans will not be accepted without the annotated resolutions
attached to each set of plans. Applicant/Developer will be responsible for
obtaining the approvals of all participating non-City agencies prior to the
issu~.F 0.f building permits. . ....
36. Construction Drawings. Construction plans shall be fully dimensioned B ¥'fior tO
(including building elevations) accurately drawn (depicting all existing issuance of
and proposed conditions on-site) and prepared and signed by a California building
licensed Architect or Engineer. All structural calculations shall be permits
prepared and signed by a California licensed Architect or Engineer. The
. site plan, landscape plap. ~ ..and details shall be consistent with each other. . ....
37. Air Conditioning Units. Air conditioning units and ventilation ducts B Occupancy of
shall be screened from public view with materials compatible to the main unit
building. Units shall be permanently installed on concrete pads or other
non-moveable materials to be approved by the Building Official and
Director of Community Development. Air conditioning units shall be
located such that each dwelling unit has one side yard with an
unobstructed width of not less than 36 inches. Air conditioning units
shall be located in accordance with the Planned Development (PD)
z0_ning,text and associated plans.
38. Temporary Fencing. Temporary Construction fencing shall be installed B Through
alon[~ the perimeter of all wo.r~,unoer construction, completion
7
39. Addressing. B
a) Provide a plan for display of addresses. The Building Official a) Prior to
and Director of Community Development shall approve plan permitting
prior to issuance of the first building permit.
b) Town home/Condominium's are required to have address ranges
posted on the street side of the buildings, b) Occupancy
of any Unit
c) Address signage shall be provided as per the Dublin Residential
Security Code. c) Occupancy
of any unit
d) Exterior address numbers shall be backlit and posted in such a
way that they may be seen from the street, d) Prior to
permit
issuance and
e) An approved apartment unit numbering plan shall be through
incorporated into the construction drawings, completion
e) Prior to
permit
issuance
40. Engineer Observation. The Engineer of record shall be retained to B Through
provide observation services for all components of the lateral and vertical Completion
design of the building including nailing, hold-downs, straps, sheer, roof
diaphragm and structural frame of the building. A written report shall be
submitted to the City Inspector prior to scheduling the final from
inspection.
' 41. Green Building Guld~iines. To the extent practical the Applicant shall B Thr~t]~l~'"
incorporate Green Building Measures. Green Building plan shall be Completion
submitted to the BUilding Official for review.
1~, ,1;~': ' ,:,,i:::4:,;: ' ~' ~,::~:,,~ ,, :
42. ACFD rules regulations and standards. Applicant/Developer shall F On-going
comply with all Alameda County Fire Department (ACFD) rules,
regulations, City of Dublin standards, including minimum standards for
emergency access roads and payment of applicable fees including City of
..... Dublin Fire facili~ fees.
43. Emergency Vehicle Access. In accordanc~--'~vii~'"'the"' 'ACFD F Prior tot he ........
requirements, the Applicant/Developer shall provide emergency vehicle start of
access routes into the project in general conformance with the site plan. combustible
Applicant/Developer shall demonstrate how emergency access construction or
requirements shall be achieved On the improvement plans to the storage on site
satisfaction of the City Engineer and the ACFD. All emergency vehicle
access roads (fn'st lift of asphalt) and the public water supply including all
hydrants shall be in place prior to vertical construction or combustible
storage on site.
44. Fire hydrants. The applicant/Developer shall construct all new fire F Prior to the
hydrants in accordance with the ACFD and City of Dublin requirements, start of
combustible
construction or
storage on site
45." Fire Conditions. Applicant/Developer shall compl3'with ali' conditions ~F Prior to the ..........
of the ACFD including: start of
a) Final locations of fire hydrants shall be approved by the ACFD combustible
in accordance with current standards. The minimum fire flow construction or
design shall ,~9 1500 gallon per minute at 20 psi residual storage onsi!.e .....
8
(flowing from a single hydrant). Raised blue reflectorized traffic
markers shall be epoxied to the center of the street opposite each
hydrant.
b) Sufficient fire flow is required based on building construction
and size. Provide information on what the fire flow that is
available at the site. This information is available from the
Dublin San Ramon Services District
c) Fire apparatus roadways shall have a minimum unobstructed
width of 20 feet (14 feet for one way streets) and an
unobstructed vertical clearance of not less than 13 feet 6 inches.
Roadways under 36 feet wide shall be posted with signs or shall
have red curbs painted with labels on one side; roadways under
28 feet wide shall be posted with signs or shall have red curbs
painted with labels on both sides of the street as follows: "NO
STOPPING FIRE LANE - CVC 22500.1". (CFC 1998, Section
1998). . ........
46. The podium shall be accessible with a 20 tt long by 20 in wide ladder (for F On-going
...~.r..e. fighting purposes). . ..........................
47. Provide area separation walls as required by the California Building Code F Priorto
to meet the allowable area for the building issuance of
building
permits
48. Elevators shall '~"'"separated from the corridors by smoke rated F Prior to
assemblies, issuance of
building
............. permits .............
49. Provide escape or rescue window for every sleeping room below the F Prior to
fourth story in accordance with the UBC section 310.4. issuance of
building
permits
50. The building is a four-story building. Provide standpipes, and stairway F Permit and
roof access as required for a four-story building, installation
when
construction
reaches 35 f~
in height
.......... 5'1. A manual and automatic fire alarm system is required in the building. F Prior to
Occupancy of
any affected
............................... build..'.m. ~ ....
52. Approved numbers or addresses shall be placed on all new and existing F Prior to
buildings. The address shall be positioned as to be plainly visible and Occupancy of
legible from the street or road fronting the property. Said numbers shall any affected
contrast with their backgrg...u_.n...d' .(.C. I~..C. ,...1.998, Section 901.4.4) .. building
53. Provide 2A10BC fire extinguishers within 75 ft travel distance of F During
portions of the buildings. An approved sign in accordance with Uniform construction
Fire Code shall be conspicuously posted above the extinguisher. (CFC and Prior to
1002) Occupancy of
any affected
building .............
54. Pro~ic~"Knox key boxes at the main entrance to the buildings at the F Prior to
exterior doors to stair that extend to the 4th floor and at any gates. The Occupancy of
Knox box shall contain a key that provides access to the building or gate. any affected
Gates or barriers shall meet the requirements of the ACFD. building
55. Automatic sprinklers shall be provided throughout the building as F Prior to
9
required by the Dublin Fire Code. The system shall be monitored by UL Occupancy of
listed central station, any affected
building .......
56. The project shall comply with Uniform Building and Fire Codes as F On-going
adopted by the City of Dublin
pO~ic E:: ::. ~, ......... : ~ ~,L-
57. The Applicant shall comply with all applicable City of Dublin Residential PO Prior to Permit
Security Ordinance requirements. Issuance
58. Unit addresses shall be lighted at night and clearly visible fi.om the PO Prior to
middle of the street. Occupancy,
On-going ....
59. Address range markers shall be placed at e'xits from eievaiors. ' PO Prior to
Occupancy,
On-going
60. AcceSs to the common areas and elevators on the podium level shall be PO Prior to
restricted. Gates and signage may be used to accomplish this. Gates Occupancy,
installed between the main entrance stairway and the Management Office On-going
may be lel~ open during the Management Office's regular business hours.
These gates will be se.c._u, red during non-business hours. ....... ....
61, Laundry room areas shall meet City of Dublin Residential Security PO Prior to Permit
Ordinance requirements. Issuance, On-
going
62. T~e parking structure shall b~" secure and controlled by electronically PO Prior to
controlled gates and security screens over ventilation spaces to prohibit Occupancy,
access by unauthorized person. Emergency vehicle access shall be On-going
provided to this area as specified in Dublin Municipal Code Section
7.32.220.
· Grill work covering openings from the parking area will be
designed to prohibit their use as ladders or access points to
........ podium level windows and doors.
63. All entrances to the parking areas shall be posted with' appropriate signs PO Prior to .........
per Section 226589(a) of the California Vehicle Code, to assist in Occupancy,
removing vehicles at the property owner's/manager's request. On-going
6,1. Doors opening out fi.om the building to the street shall have non-' ""'P'o' ' Prior to
removable hinges. Occupancy,
On-going
65. Elevai~rs shall be designed to meet ~ity of Dublin ReSidential Security PO Prior to Permit
Ordinance Requirements. Issuance, On-
66. -Non-private stairways shall"-¢e designed to meet City of Dublin PO Prior to'Permit
Residential Security Ordinance Requirements including mirrors at each Issuance, On-
land!ng...' going
67. Pedestrian paths will be shown ~ith appropriate crosswalks areas PO Prior toPe~2m'i~
depicted. Issuance, On-
going
68. Exterior lighting is required over all doors. The Applicant shall submit a PO Prior to'Permit
final lighting plan for approval by the Dublin Police. Issuance, On-
going
69. Security ii'ghting shall be provided in parking'10t" areas'. PO Prior to Permit
· 1.0 candle lights at ground level in parking lot areas, issuance, On-
.. · Light'..mg fixtures shall be of vandal resistant type. going
70. Landscaping features and outdoor amenities shall be designed ~-'~-~duce pO Prior to Permit ........
their attractiveness to skateboarders and vandals. Issuance, On-
going .....
7L The Develop~ni" an~pr Propert7 Owner shall keep the site'-~i'~ar 'o...f.. i.....P..0 ........ Prior to .....
10
graffiti vandalism on a regular and continuous basis at all times. Occupancy,
On-going
72. T-l~'e Applicant shall work with Dublin'ibolice on an on-going basis to PO On-going
establish an effective thef~ prevention an..d..?ecurity program. . .........
73. The perimeter of the site shall be fenced during construction and security PO Through
lighting and patrols shall be emp.!0yed as necessary, completion .......
74'i'Parking Structure Emergency Access. Parking areas or structures PO Prior to
controlled by unmanned mechanical parking type gates shall provide for Occupancy,
police emergency access as follows: On-going
· An approved Knoxbox or Knox type key switch is to be
mounted on a control pedestal consisting of a metal post/pipe
shall be installed at a height of 42 inches and a minimum of 15
feet (4.6m) from the entry/exit gate. It shall be located on the
driver's side of the road or driveway and accessible in such a
manner as to not require a person to exit their vehicle to reach it,
nor to require any back-up movements in order to enter/exit the
.......... gate.
75. Building Emergency Access. Multi-tenant buildings utilizing electronic PO Prior to
access control systems on the main entry doors shall provide police Occupancy,
emergency access utilizing an approved key switch device or approved On-g.oing
Knoxbox which shall be installed as follows:
,, All doors using an electromagnetic type of lock shall install a
key switch device within the building's exterior
telephone/intercom.console or in a control housing consisting of
a heavy gauge metal, vandal and weather resistant square or
rectangular housing which shall be installed on the top of the
control pedestal. An approved Knoxbox or Knox type key
switch is to be mounted on the side facing the roadway located
..... within close proximity and in a visible area near th~ door.
76. There shall be positioned at each street entrance an illuminated PO Prior to
diagrammatic representation (map) of the complex that shows the Occupancy,
location of the viewer and th_e....unit designations within the complex. On-going .......
77. The developer is to insure radio frequency transmit and receive PO On-going
capabilities for Police/Fire/Ambulance.
P~ i~:.CO~NI~¥SER~IcES :. :' ........
78. Public Facilities Fee. The developer shall pay a Public Facilities Fee in PCS
the amounts and at the times set forth in City of Dublin Resolution No.
214-02, adopted by the City Council on November 19, 2002, or in the
amounts and at the times set forth in any resolution revising the amount of
the Public Facilities Fee, as implemented by the Administrative
Guidelines adopted by Resolution 195-99.
79. Standard Public Works Conditions of Approval. Developer shall PW On-going
comply with all applicable City of Dublin Standard Public Works
Conditions of Approval dated March 8, 2004 unless specifically modified
by these Conditions of...A..pproval. . ...............
80. Clarifications and Changes to the Conditions. In the event that there PW On-going
needs to be clarification to these Conditions of Approval, the City
Engineer has the authority to clarify the intent of these Conditions of
Approval to the Developer without going to a public hearing. The City
Engineer also has the authority to make minor modifications to these
conditions without going to a public hearing in order for the Developer to
fulfill needed improvements or mitigations resulting from impacts of this
project:..
ll
81. Parcel Map. A Parcel Map shall be recorded that creates a parcel for the PW Improvement
project, creates easements and dedicates Street A right of way to the City. Plans
82. Phase 1 Imp~'0Vements. The Phase 1 improvements '"~hall include all PW Sitework/ .......
street and utility improvements within the full width of Street A (between Grading
Dublin Boulevard and the Private Drive) and the Private Drive. The Permit
Phase 1 improvements shall be included in the Improvement Agreement
required by Public Works Standard Condition of App.r0va! No.4.
83. Temporary Driveway Access through BART Parking Lot. The Phase PW Improvement
1 improvements shall include modifications to the existing BART surface Plans and to be
parking lot as needed to provide a 20-foot wide access drive between completed by
Street A and DeMarcus Boulevard. A temporary access easement shall occupancy
be dedicated for this drive connection. The temporary access easement
shall be dedicated under a?parate document and not on the Final Map.
84.. phase 2 Improvements. Street A improvements consisting ora minimum PW Sitework/ .....
two lane (20-feet wide) road connection to DeMarcus Boulevard at the Grading
Village Green shall be included in the Improvement Agreement. The Permit
Phase 2 improvements may be deferred for completion until one year
al~er the completion of the BART garage. The Developer shall provide
guarantees for the Phase 2 improvements with the Improvement
Agreement as required by Public Works Standard Condition of Approval
No.5.
~5. Dublin Boulevard Media'~'i The' Developer shall complete the missing PW Pha.~e-~ .........
median improvements, including landscaping, in Dublin Boulevard west Improvements
to Sca~l_e.~..Dyive with the Phase 2 improvements. . .......
86. Dublin Boulevard Walkway. With the Phase i'-'"improvements the PW Phase 1
Developer shall construct a walkway along the south side of Dublin Improvements
Boulevard between Street A and the existing sidewalk at the Iron Horse
Trail crossing. The walkway may be a temporary six-foot wide a.c. path.
The permanent walkway between Street A and DeMarcus Boulevard shall
be constructed with the Phase 1 improvements.
87. Traffic Signs. The traffic signs and pavement markings required by PW Phase 1
Public Works Standard Conditions of Approval No. 24 will include four- Improvements
way stop signs at the intersection of Street A and DeMarcus Boulevard.
88. On Street Parking Restrictions, Developer shall designate no parking PW ..... 'i-~r0vement
areas along Dublin Boulevard and designate all other streets for short- Plans
term parking (2 and 4 hour) as d!re.q.ted..by the city Engineer. . ..............
89. Traffic Mitigation. The City is presently working on an update to the PW Prior to
Eastern Dublin Traffic Impact Fee ("the TIF") that would include the issuance of
Transit Center Property within the TIF area ("the TIF Update"). If the building
Transit Center area is included in the TIF area prior to issuance of permits or
building permits, the Developer shall pay the adopted TIF. If the TIF within 2 years
Update is not effective at the time of building permit issuance, the of building
Developer shall pay a cash deposit equal to the City Engineer's estimate permit
of amount of the project's TIF were the TIF Update in effect ("the issuance
Deposit"). If the developer makes the Deposit, when the TIF Update
becomes effective, Developer shall pay the actual TIF, either from the
deposit or with TIF credits, and, upon such payment, City shall return the
funds remaining from the Deposit. If, within 2 years of building permit
issuance, the TIF Update has not become effective, Developer shall
instead pay to City an amount equal to Developer's fair share, based on
average daily trips, and as determined by the City Engineer, of the costs
for the following improvements; 1) Dougherty Road improvements at the
Dublin Boulevard and 1-580 intersections 2) Scarlett Drive extension and
3) Hacienda Dr!ve / 1-580 improvements, which improvem~nt.s.....ar.e' m. ore ......
12
fully described in Conditions 26, 27 & 29 of Approval for Parcel Map
7892 (Planning Commission Resolution No. 02-40). Upon applying the
Deposit towards this obligation, the City shall immediately refund any
......... surplus funds to. ~e Developer.
90. Streetscape Design Standards. The streetscaPe design for DeMarcus PW Improvem~n'~
Boulevard shall be in accordance with the Streetscape Master Plan Plans
adopted as Ordinance No. 21-02 for the Dublin Transit Center Project,
PA 00-103.
91. Stree't-'"Lighting Maintenance Assessment District. All publicly P~ ..... Acceptance of
maintained streetlights shall be annexed into a Street Light Maintenance Public
Assessment District as required by the Master Development Agreement Improvements
with the Surplus Property Authority of Alameda County for the Dublin
Transit Center (Ordinance No. 5-03). The property owners shall
maintain all decorative streetlights. The Developer shall provide all
necessary documentation required by the City to complete the annexation
process. The Developer shall comply with any City requirements
necessary to conform to Proposition 218 regulations. The Developer
waives any right to protest the inclusion of the properties or any portion
of the properties in a Landscape and Lighting Assessment District, and
further waives an>' right to protest the ..annual assessment for that District.
92. Development Agreement. The Developer shall meet all applicable PW Final Parcel
sections of the Master Development Agreement for the Dublin Transit Map
Center adopted as Ordinance No. 5-03. Section 6 of the Master
Development Agreement requires the Developer to enter into a new
Development Agreement specific to the current project prior to the
approval of the Parce.1..Map.
93~ Guest Parking. The Developer shall operate the garage in a manne]'ihat PW Building
allows guests to obtain access to a minimum 14 unassigned parking Permit
spaces in the garage, The eight parking spaces on the private drive shall
be designated for short-term parking (2 and 4 hours) as directed by the
...City Engineer.
94. Driveways. Sidewalks Sl~'ll b"e designed to maintain a 2% cross sl0Pe'" pw Improvement ............
across all drivew.a.y...s, including the private drive. Plans
95. Loading Areas. The Developer shall make provisi~'~ f0'r providing PW Improvement
loading areas for large tracks on the DeMarcus Boulevard or Street A Plans
frontage. These provisions may be the use of the street parking spaces
limited to specific hours or based on scheduled requests. Loading area for
single unit tracks shall be designated on the private drive near the roll-up
service entrance.
i~SRSD :::::
96. The Applicant shall comply with all Dublin San Ramon Services District DSR
(DSRSD) Standard Conditions.
97. The project is located within the I~i~trict Recycled Water Use Zone (Ord. D~R ...........
280) which calls for installation of recycled water irrigation systems to
allow for the future use of recycled water for approved landscape
irrigation demands. Recycled water will be available as described in the
DSRSD Water Master Plan Update, September 2000. Unless specifically
exempted by the District Engineer, compliance with Ordinance 280, as
may be amended or superseded, is required. Applicant must submit
landscape irrigation plans to DSRSD. All irrigation facilities shall be in
compliance with the District's "Recycled Water Use Guidelines" and the
Department of Health Services requirements for recycled water irrigation
design.
98. The easement configuration as dedicated to DSRSD'on the recorded final DSR .......
map will not ac.c. 0mmodate the utility design that ~.an .be .apProved to
13
serve the parcels or development created. Redesign of water and sanitary
sewer easement configuration in accordance with DSRSD Standard
Condit_!pn No. 7 is required.
99. Off-site easements for connection to District water and sewer facilitiesDSR
may be required. The Applicant shall be responsible for acquiring all
necessary off-site easements and constructing necessary off-site water and
sewer mains in conformance with all District requirements.
100. If any trash enclosures or car wash areas are to be connected to the DSR
sanitary sewer, they must have a grease and sand trap and the areas must
be covered to prevent the entry of rainwater.
101, The Applicant shall comply with EIA TIA 568 B Standard relating to B, PL Priorto
telecommunications and the installation of data outlets for high speed Issuance of
internet access within individual residential units. Building
Permit
PASSED, APPROVED AND ADOPTED this 23r~ day of March 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Cm. Fasulkey, Nassar, Jennings, and Machtmes
ATTEST:
Planning Commission Chair
Planning Manager
14
.j_. U
II
..........................
"'~-~1 ........ ~ ....... ,
DeMARCUS BLVD,
[" "T' "1 F -1 .........
...........................
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m
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.... .~:;':-:;.'-:- ...... :;..:,; > .'~.;:.-::1:'~.'' "..;:.;h '." '.:: ~, """ ';j'
......<" ..... ':':Y 7 ':' "-' ;'"- :~''''''
~ DEMARCU$
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..........
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IHR CORRIDOR
E)
CORRIDOR
CORRIDOR
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CORRIDOR
CORRIDOR
CORRIDOR
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53'-0'
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'A'STREET
DeMARCUS BLVD,
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Dublin Transit Affordable Housing - EAH, Inc.
December 29, 2003
Site Development Review
· The project is a 3-story over 1-story garage affordable housing project.
· There will be at least two (2) fulltime employees to manage and operate the complex
once it is built and leased up.
Property manager office is open on regular business hours during weekdays from 9
A.M. to 5 P.M., and 24-hour standby emergency call is available during nights and
weekends.
Proposed property management and operation of the building is for the better health and
safety for all tenants that will reside there. Proposed development has adequate
amenities to provide services and enjoyments to all of its tenants. It has no detrimental
effects to the public health, safety or general welfare, and it will only enhance the
surrounding community by making better use of the existing under-utilized vacant land.
The building layout provides parking structure entrance from Street 'A', and service/freight
access from the one-way private access road. The one-way private access road will provide a
loop back to Dublin rather than adding more traffic load on DeMarcus. The narrowing and
speed bump of the one-way private access road will encourage slowing down of traffic traveling
across the site. Pedestrian circulation along DeMarcus and the one-way private access road are
encouraged with step-up stoops to access the ground level units.
The proximity of the BART station and the major boulevards provide residents of this high-
density affordable project multiple options to commute to their respective employments.
An urban street edge created by the project would compliment the surrounding multi-family
projects of equal density. Meanwhile, the entry plaza provides a focal point for pedestrian
activity where loading and unloading of passengers can occur.
The proposed project would animate the surrounding public right of ways with both direct access
from the units and the entry plaza. View corridors along the street would be enhanced with both
landscape and street activity.
Existing site condition is currently a vacant flat site, which is suitable for the proposed project.
The architectural design/theme follows the traditional style with full hip roofs and articulation of
the balconies to provide elevation relief in the building massing. Color applied on the building
will enhance the various building mass to avoid a monotone color scheme. Architectural details
are enhanced at the street level by the patio gates to the ground floor units and the siding surface
material. A rich traditional town home streetscape is prominently designed at busy pedestrian
.thoroughfare.
EXHIBIT B
RESOLUTION NO. 04-25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR
PA 03-061 DUBLIN TRANSIT CENTER SITE A-2 (EAH, INC)
WHEREAS, the Applicant, Benny Kwong of EAH, Inc., has requested approval of a Development
Agreement for PA 03-061, Dublin Transit Center Site A-2, for the construction of a 112-unit affordable apartment
community on approximately +2 acres of land, located on a portion Site A of the Dublin Transit Center, within the
Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and DeMarcus Boulevard; and
WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan; and
WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the
project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the
Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified
by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a
determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and
WHEREAS, a Draft Development Agreement is attached to this resolution as Exhibit A and covers +2
acres of land within Dublin Transit Center Site A (APN 986-0001-010 in part); and
WHEREAS, the Planning Commission did hold a public hearing on said application on March 23, 2004;
and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend
that the City Council approve the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations and testimony hereinabove set forth.
NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make
the following findings and determinations regarding said proposed Development Agreements:
Said Agreements are consistent with the objectives, policies, general land uses and programs
specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern Dublin Specific
Plan/General Plan land use designation for the subject site is High Density Residential and that the
proposed Dublin Transit Center Site A-2 project is consistent with that designation; b) the project
is consistent with the fiscal policies in relation to provision of infrastructure and public services of
the City's Eastern Dublin Specific Plan/General Plan; c) the Agreements set forth the rules the
Developer and City will be governed by during the development process which is required by the
Eastern Dublin Specific Plan; and the Mitigation Monitoring Program of the Eastern Dublin
Specific Plan.
ATTACHMENT 6
Said Agreements are compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the real property is located in that the project approvals include a Stage 2
Planned Development zoning and Site Development Review.
Said Agreements are in conformity with public convenience, general welfare and good land use
practice in that the proposed Dublin Transit Center Site A-2 project will implement land use
guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed.
Said Agreements will not be detrimental to the health, safety and general welfare in that the
development will proceed in accordance with the Agreements and any Conditions of Approval for
the Project; and
Said Agreements will not adversely affect the orderly development of the property or the
preservation of property values in that the development will be consistent with the City of Dublin
Eastern Dublin Specific Plan/General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council approve the Development Agreement, in substantially the form attached
as Exhibit A, between EAH, Inc and the City of Dublin for PA 03-061 Dublin Transit Center Site A-2.
PASSED, APPROVED AND ADOPTED this 23ra day of March 2004.
AYES:
Cm. Fasulkey, Nassar, Jennings, and Machtmes
NOES:
ABSENT: Cm. King
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
2