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HomeMy WebLinkAbout6.1 Dublin Transit Center CITY CLERK File # D[E~[D]-I6JDJ '" 4-1 0'" ~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: JANUARY 17, 2006 SUBJECT: ATTACHMENTS: PUBLIC HEARING: PA 05-042 Dublin Transit Center Site E-l, Metropolitan at Dublin Station - Stage 2 Planned Dev~l. m nt Rezoning, Development Agreement and Site Development Review Report Prepared by Erica Fraser, Senior Planner~ 1. Resolution approving a Site Development Review for Dublin Transit Center Site E-l, Metropolitan at Dublin Station Ordinance approving a Stage 2 Planned Development Rezoning with the Development Plan attached as Exhibit A Ordinance approving a Development Agreement between Western Pacific Housing (doing business as D.R. Horton) and the City of Dublin for Dublin Transit Center Site E-l, Metropolitan at Dublin Station, attached as Exhibit A Planning Commission Resolution 05-67 recommending City Council approval of the Stage 2 Planned Development Rezoning for Dublin Transit Center Site E-l, Metropolitan at Dublin Station, with the Development Plan attached as Exhibit A Planning Commission Resolution 05-69 referring decision making authority and recommending City Council approval of Site Development Review for Dublin Transit Center Site E-l, Metropolitan at Dublin Station Planning Commission Resolution 05-70 recommending City Council approval of the Development Agreement between Western Pacific Housing (doing business as D.R. Horton) and the City of Dublin for Dublin Transit Center Site E-l, Metropolitan at Dublin Station, attached as Exhibit A Transit Center Location Map Site Development Review Project Plans received December 19, 2005 Focused Parking Analysis dated November 9,2005 2. 3. 4. 5. 6. 7. 8. 9. ------------------------------------------------------------------------------------------------------------- COPIES TO: Applicant/Property Owner File In House Distribution ITEMNO.~ Page 1 of 10 G:\PA#\2005105-042 Transit Center Site E-IICC- Resos and ReportlCC Agenda Statemenll-17-05.doc RECOMMENDATION: FINANCIAL STATEMENT: DESCRIPTION: 1. 2. 3. 4. 5. 6. Open Public Hearing; Receive Staff Presentation; Receive Public Testimony;' Close Public Hearing; Deliberate; Adopt Resolution approving Site Development Review for Dublin Transit Center Site E-I, Metropolitan at Dublin Station; Waive Reading and Introduce Ordinance approving a Stage 2 Planned Development Zoning for Dublin Transit Center Site E-I, Metropolitan at Dublin Station, with Development Plan attached as Exhibit A, and continue matter to the February 7, 2006 Council meeting; Waive Reading and Introduce Ordinance approving a Development Agreement between Western Pacific Housing (doing business as D.R. Horton) and the City of Dublin for Dublin Transit Center Site E-l, Metropolitan at Dublin Station, attached as Exhibit A, and continue matter to the February 7,2006 Council meeting. 7. 8. No financial impact. 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. 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 Vesting Tentative Tract Map established the land use approvals for the future development of the site. The Master Development Agreement was then amended by Ordinance 25- 05 which set forth affordable housing obligations in the project area. The Master Development Agreement provides that the Dublin Transit Center project area includes the development of 1,500 residential units on Sites A, Band 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 among Sites B through E. Open space will be provided by a 12.20 gross acre park, located on Site F and a I-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 BART station and related parking and a Pacific Gas & Electric (PG & E) substation (see Attachment 7 which shows the location of the Transit Center). The City granted various land use approvals in connection with the development of the Dublin Transit Center project, including a Planned Development Rezoning and Stage 1 Development Plan (Ordinance 21-02). The Stage 1 Development Plan breaks up Sites D and E into D-I, D-2, E-l and E-2. It provides that Site E-I could contain up to 300,000 square feet of campus office uses and Site D-I could contain up to 190,OOO square feet of campus office uses. In the alternative, up to 300 residential units could be approved on these sites. Implementation of this "flex zoning" increases the residential unit count of the Page 2 of 10 Transit Center by 300 units to a total of 1,800 residential units and decreases the amount of campus office by 300,000 square feet to a total of 1.7 million square feet of campus office. In April of 2004, EAH, Inc. received approval to develop Site A-2 with 112 affordable apartment units for very-low and low-income households. In January of 2004, D.R. Horton received approval to develop Site B-1 (Elan) with 257 condominiums and townhouses. In January of 2004, Avalon Bay Apartment Communities received approval to develop Site B-2 with 305 apartment units and 15,000 square feet of retail. Construction is currently underway for all three of these projects. On December 13,2005, the Planning Commission adopted Resolution 05-68 approving Vesting Tentative Map 7667 for the Metropolitan project. The Planning Commission recommended City Council approval of the Development Agreement (Resolution 05-70, Attachment 6), and Stage 2 Planned Development Rezone (Resolution 05-67, Attachment 4). The Planning Commission also adopted Resolution 05-69 which transferred hearing jurisdiction of the Site Development Review of the project to the City Council and recommended that the City Council approve the Site Development Review (Attachment 5). Proiect Permitting Requirements This project requires the approval of a Stage 2 Planned Development Rezoning, Vesting Tentative and Final Map, Development Agreement and Site Development Review. The Stage 2 Planned Development Rezoning is an Ordinance which requires a minimum of three public hearings. The Plarming Commission must hold at least one public hearing and the City Council must review the project during two public hearings. In accordance with Title 9, Subdivisions, of the Dublin Municipal Code, the Planning Commission can approve, approve with Conditions or deny the Vesting Tentative Tract Map. On December 13, 2005, the Planning Commission approved Vesting Tentative Map 7667 during a public hearing. The City Council will review the Final Map in accordance with Title 9 during a future meeting. Section 6 of the Master Development Agreement requires the developer to enter into a new Development Agreement which is specific to the current project prior to issuance of a Building Permit. In accordance with Chapter 8.56, Development Agreement Regulations, of the Dublin Zoning Ordinance, the Planning Commission must review the proposed Development Agreement and make a recommendation to the City Council. The City Council must then take action on the Development Agreement. In accordance with Section 8.96.020(C)(3) of the Dublin Zoning Ordinance, the Planning Commission transferred hearing jurisdiction of the Site Development Review to the City Council. The City Council must review the Site Development Review and take action during a public hearing. ANALYSIS: Metropolitan at Dublin Station is a high density, transit-oriented development which is located less than one-quarter of a mile from the Dublin/Pleasanton BART Station. Staff's analysis ofthe proposed project is provided below. Page 3 of 10 Stafle 2 Planned Development Rezonint! A Stage 1 Planned Development Zoning was adopted by the City Council for the Dublin Transit Center in December 2002 and established the permitted, conditionally permitted, and accessory land uses; site areas and proposed densities; maximum number of residential units and non-residential square footage; and a Master Landscaping Plan. The Transit Center Plan designates the Land Use of Site E-I as Campus Office with up to 300,000 square feet of office and 15,000 square feet of ancillary retail. The Transit Center Plan also further defined this parcel as a flex parcel which could be developed with up to 300 units. The Stage 1 Planned Development Zoning limits properties with a residential land use to a building height of five stories along Dublin Boulevard (the proposed project is four stories above parking). As you move away from Dublin Boulevard, the heights of the buildings are to be increased to emphasize that the Transit Center is a major regional focal point. For comparison, Campus Office buildings are permitted to be a maximum of 8 stories in height adjacent to Dublin Boulevard. The Stage I Planned Development Zoning requires 1.5 parking spaces per residential unit, regardless of the size of the unit. Chapter 8.76, Off-Street Parking and Loading Regulations, of the Zoning Ordinance was used to determine minimum parking standards for the retail use which varies based on the type of use. The Stage I Planned Development Zoning allows street parking to be counted in the number of parking spaces provided. The proposed Project would develop :1::4.1 gross acres on Site E-I for the construction of 300 residential condominium units at a density of 73.1 units per acre. The residential units will be divided into two buildings with subterranean and ground floor parking. The project will have 708 parking stalls located within the parking structure and 26 parking spaces on Iron Horse Parkway and Campus Drive for a total of 734 parking spaces. The proposed Stage 2 Rezoning is in compliance with the requirements of the Dublin Zoning Ordinance as a Stage 2 Development Plan has been developed and conforms to the adopted Stage 1 Planned Development Zoning for the Dublin Transit Center. The project is compatible with the land use concept to maximize transit opportunities presented by the adjacent DublinIPleasanton BART Station; conforms with the development standards adopted for the Dublin Transit Center; and contributes to a vibrant, pedestrian friendly environment within less than one-quarter of a mile from the existing BART Station. Development At!reement A site specific Development Agreement is required by Section 6 of the Master Development Agreement for the Transit Center. The Development Agreement for this project has been developed by the City Attorney and is similar to Agreements which have been developed for the other Transit Center projects. The Development Agreement must be approved by the City Council and is included as Exhibit A to Attachment 3. Site Development Review The following information is a summary of the key components ofthe project associated with the Site Development Review. Staff's discussion is broken down into nine categories. Page 4 of 10 Site Plan: The Project is bound by Dublin Boulevard to the north, Martinelli Way to the south, Iron Horse Parkway to the west and Campus Drive to the east. Two buildings will be constructed on the property and will be connected with small buildings to screen the view of the parking structure and give the appearance of a continuous building along Iron Horse Parkway and Campus Drive. Parking will be constructed on two levels: subterranean and ground floor. The ground floor parking will be located in the middle of the residential units on three streets with visible parking along Dublin Boulevard (this area will be screened with landscaping). A total of 300 condominium units and 15,000 square feet of retail space will be constructed. The retail portion of the project will be located beneath residential units in Building Number 1 along Iron Horse Parkway and Martinelli Way. At the interior ofthe project, the buildings will wrap around two courtyards which will feature a pool, two spas, walkways, and landscaping. In accordance with the provisions of the Dublin Transit Center Plan, Building 2 will be set back a minimum of 10 feet along Dublin Boulevard. The setback of the building will vary along Dublin Boulevard in order to promote visual interest along the street. Dense landscaping will also be planted in this area to mitigate the height of the building. In accordance with the Dublin Transit Center Plan, the buildings will have a zero foot setback to the property line along Iron Horse Parkway and Campus Drive (the building will be setback from the sidewalk). The Dublin Transit Center Plan discourages buildings to be set back from the sidewalk along these streets in order to create a pedestrian friendly environment and encourage use of the street and sidewalks in the area. Floor/Unit Plans: Metropolitan at Dublin Station will have eight different units. The condominiums will vary with respect to size, number of bedrooms, whether the unit will have a mezzanine, whether the units will be a flat or townhouse, and whether the units will have a stoop (See Table 1 below). I Bedroom Flat + Mezzanine IS I Bedroom Flat + Stoo 3 2 Bedroom Flat 182 2 Bedroom Flat + Mezzanine 13 2 Bedroom Flat + Stoop 11 2 Bedroom Town House 30 3 Bedroom Flat 40 3 Bedroom Flat + Mezzanine 6 Typical Floor Plans for the units can be found on Sheets A-16 through A-24 of the attached project plans. All units would be equipped with a washer/dryer. Access to a majority of the units will be from interior corridors. Access to each of the floors can be taken from stairways and elevators which are dispersed throughout the project. Four trash enclosures are located on the lower parking level (see Sheet A-3) and can be accessed by elevator (each enclosure is in close proximity to an elevator). Page 5 of 10 Access and Circulation: Motorists can enter the parking garage on Iron Horse Parkway and Campus Drive. Both entrances allow the motorist to enter into the retail and guest parking portion of the project or into the resident parking. Resident parking is located on the north side of the parking garage. Residents will need to use a remote to open the gate to access resident parking. Parking stalls have also been provided on Iron Horse Parkway and Campus Drive which can be accessed via the street. Pedestrians can enter into the complex from several areas. On Campus Drive, two large sets of stairs have been provided which lead the pedestrian to the Courtyard level of the complex. This area can only be accessed by key and is primarily for residents. From here, a resident can walk to a unit on the Courtyard level or walk to one of the staircases or elevators. On Martinelli Way, residents can enter into the complex from one stairwell which is accessible via a key. One pedestrian walkway is also located on this side of the street which allows the public to enter into the parking garage (or exit from the parking garage onto the street). On Iron Horse Parkway, several doors are provided which allow a resident or guest to enter into a lobby (which has a stairway and/or elevator) with a key or through the intercom. A pedestrian walkway is also located on this elevation which provides access from the sidewalk to the retail and guest parking area. Two pedestrian access points are also located along Dublin Boulevard which provide key or intercom access. In order to promote the pedestrian viability of the surrounding streets, the design of the building includes many pedestrian features to promote the use of the adjacent streets. Along Dublin Boulevard, a sidewalk and dense landscaping has been provided to make the street a more pedestrian friendly environment. On Iron Horse Parkway, retail shops open to the street and parking is located on the street. Ground Floor units are located on Iron Horse Parkway and Campus Drive to encourage the use of the sidewalk. These units include an entry and a porch which is located 2 feet to 3 feet above the street. On Martinelli Way, ground floor retail and attractive landscape elements will promote the use of the street. Parking: A total of 734 parking stalls will be provided in the parking structure or on the street. The Dublin Transit Plan requires 1.5 parking spaces per residential unit, regardless of the size of the unit. Chapter 8.76, Off- Street Parking and Loading Regulations, of the Zoning Ordinance was used to determine minimum parking standards for the retail use which varies based on the type of use. The Stage I Planned Development Zoning allows street parking to be counted in the number of parking spaces provided. The Dublin Transit Center Plan required 1.5 parking spaces per dwelling unit and did not discuss whether or not guest parking was included in that figure. Parking studies were later conducted which recommended that guest parking equal 15% of the total required number of parking stalls in the Transit Center. The Applicant has requested a 25% shared parking credit which would allow the Applicant to combine retail and guest parking on the south side of the parking garage. A total of 44 guest parking stalls will be provided, which is a deficit of 22 stalls due to the shared parking credit. Based on recommendations from the Omni Means Focused Parking Analysis dated November 9, 2005 (see Attachment 9), the provided parking will meet retail and guest parking demands for the property as long as the parking stalls along Iron Horse Parkway and Campus Drive are reserved for short term parking. Based on the parking provided, retail uses will be limited based on the availability of parking. Retail parking requirements are located in Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance. Parking requirements for Metropolitan at Dublin Station are as follows: Page 6 of 10 uired Medical Office Health Services/Clinics Based on available retail parking, Eating and Drinking Establishments will be limited to no more than 6,000 square feet, which includes convenience, sit down, and takeout type restaurants. Outdoor seating may be provided based on the number of available parking spaces. The table below shows the maximum floor area peruse. Eating and Drinking 6,000 square feet EstalJlishmeIlts Retail 9 000 s uare feet 30* 30 *Assumes General Retail use which requires 1 parking stall per 300 square feet of floor area. The actual number of required parking stalls varies as shown on the table on the previous page. The recommended Conditions of Approval include a Condition (No. 22) which limits the total floor area of eating and drinking establishments to 6,000 square feet and states that all proposed retail will be reviewed with respect to available parking. Additional parking will be provided (in excess of what is shown in Table 3) on the street which will be provided on a limited basis (maximum parking is for a period of two hours) and can be used by guests, residents, and retail users. Architecture: The overall architectural style of the project is Mediterranean with modern influences. A total of two buildings will be constructed on the property. The buildings will be connected by two smaller accent buildings which serve to give the appearance of a continuous building along the street and to screen views ofthe parking structure. Each building will have its own architectural style to promote uniqueness and architectural diversity on the site. While the buildings are not exact replicas of each other, certain architectural elements are replicated on each ofthe building. Details including roof forms, colors, materials, form, massing, balcony design and window design are similar on each of the buildings. While there are differences in the two designs, the overall designs compliment each other. The two different building designs will promote visual interest along the street and throughout the project. The proposed architecture is compatible with the approved buildings in the Transit Center and buildings in the area. Architectural detailing on the building is reflective of styles that are prevalent in the City of Dublin. The massing and form of the buildings are also compatible with the surrounding buildings. The proposed colors and materials include stucco siding, green tile roofs, stone and earth tones and are Page 7 of 10 compatible with the'design of the building as well as the adjacent building (Avalon Bay is currently under construction). A rendering showing the relationship of the proposed project to the approved projects on Dublin Boulevard will be shown during the City Council meeting for comparison. Building Number I will be constructed along Martinelli Way, Iron Horse Parkway and Campus Drive and will have a total of 145 dwelling units plus ground floor retail. This building is 65 feet in height above grade and has six stories of residential units above ground floor retail (along Martinelli Way and Iron Horse Parkway) for a total of 7 stories (the Stage I Planned Development Zoning allows buildings to increase in height as they move away from Dublin Boulevard). On the Campus Drive elevation, there are seven floors of residential units. The retail area includes the extensive use of glass, attractive signage and awnings which promote visual interest along the street. Building Number 2 will front Dublin Boulevard, Iron Horse Parkway, and Campus Drive. This building will have 155 dwelling units and is 50 feet in height above grade. The building will be five stories of residential units (the ground floor along Dublin Boulevard will be parking). Balconies are located on each of the elevations in the project. Access from ground floor units to the street has been provided on Campus Drive and Iron Horse Parkway to promote use of the surrounding streets. Each building has a varying form and massing to form a more interesting shape. Several portions of the building are set back from each other in order to create shadow lines and give the impression of a varied setback along the street. To promote visual interest on the building, two stucco colors will be used on the building in addition to stone material. The stone material can be found on the base of the building in addition to the tower elements. The variety in colors and materials gives the building a more vibrant appearance and is more attractive to motorists and pedestrians. The use of stone can be found in several areas on the building, but is limited to prevent the material from overwhelming the architectural style of the building. Other important architectural features include windows, stoop access units, trim hands, pitched and flat roofs, varying roof heights and tower elements. Each building has several towers which help to break up the massing of the buildings and provide an attractive feature for the property. Each of the two buildings are centered around a courtyard which features attractive plantings and walkways. Courtyard A has a pool and spa and Courtyard B has a spa which can be used by all residents. Both courtyards will connect for easy access to each side of the property. Parking is on a subterranean and ground floor level with the buildings located around most of the parking structure. The ground floor level will be located beneath the courtyards and will only be visible along Dublin Boulevard. Perspective 1 has been included in your project plans which illustrates the design of this area. The opening will be covered with patterned metal and a portion of the area will also be screened from view by a landscape berm and plant materials. The site layout and architectural design of this project will be consistent with the urban lifestyle and character of mixed uses planned for the Dublin Transit Center. The detailing of the retail storefronts, townhouse stoops, and urban landscape will accentuate enhanced pedestrian circulation and scale of this area. Attention has been paid to the massing of the building to reflect the image depicted in conceptual sketches found in the Stage 1 Development Plan. Page 8 ofl0 Landscaping: The landscape plan reinforces the urban design intent by creating a pedestrian oriented perimeter with generous sidewalks, street tree planting, and enhanced paving patterns at key elements. On the corner of Dublin Boulevard and Iron Horse Parkway, the corner has been designed to include an opportunity for public art with attractive landscape materials. In order to soften the height of the building and promote visual interest along Dublin Boulevard, large shrubs, trees and colorful plants will be provided. These plants include redwood trees, camellias, India Hawthorn, ferns and other materials. The landscape materials increase in size and height from the sidewalk to the building. By providing plant materials which will be tall and are densely planted, the height of the building will be softened by giving the appearance that the plant materials are similar in height to the building. Additionally, the variety of plant materials including size, shape and color will give motorists and pedestrians along Dublin Boulevard an attractive view. The landscape materials and planting pattern will also compliment the massing and design of the building. The variety of plant materials and a landscape berm will also screen the ground floor of the building along Dublin Boulevard where the ground floor portion of the parking structure is visible. The Section on Sheet L4 of the project plans provides a sketch of the proposed landscaping along Dublin Boulevard. The proposed plant material along Dublin Boulevard is also compatible with landscape materials in the area. The Dublin Transit Center Plan requires a double row of trees in a specific pattern along the four streets which surround the project. The required street trees are the Loquat, Strawberry and London Plane trees. The proposed planting pattern shown on Sheet L1 of the project plans shows that the proposed Landscape Plan will conform to the requirements of the Dublin Transit Center Plan. Accent planting will be located at the entrance to the parking garage off of Iron Horse Parkway. The planting will include small plants as well as accent trees in addition to the accent paving. The courtyard will also feature attractive plant materials. The materials will be a mix of trees, shrubs, accent shrubs and groundcover. 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. Proposed Condition of Approval No. 18 requires an acoustic report to be submitted prior to issuance of a Building Permit. 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. Should any of the balconies along Dublin Boulevard need to be modified, Staff will review the proposed changes for consistency with the approved design. Typically, normal residential construction with upgraded windows can adequately attenuate vehicular noise for the interior structures. Affordability: The Master Development Agreement for the Dublin Transit Center (as amended by Ordinance 25-05) provides that developer shall pay the City's affordable housing in-lieu fee for 15% of the total units constructed prior to issuance of the first building permit for a residential unit within Site E-I. Condition Page 9 of 10 of Approval No. 25 has been included in the recommended conditions which further enforces this requirement. Environmental Review: Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 which exempts residential projects that are consistent with a specific plan from further environmental review. Additionally, 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 I 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. Noticing: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the property to notify property owners and occupants of the proposed project and of the January 17, 2006 public hearing. The public notice was also published in the Valley Times and posted at several locations throughout the City. CONCLUSION: This application has been reviewed by applicable City departments and agencies and their comments have been incorporated into the Project and the proposed Conditions of Approval. The Planning Commission has approved the Vesting Tentative Map and has recommended City Council approval of the Stage 2 Planned Development Rezoning, Site Development Review and Development Agreement. The proposed Project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and the Stage I Planned Development Zoning for the Dublin Transit Center and is compatible with the surrounding properties, similar improvements in the area, and the project site. RECOMMENDATION: Staff recommends that the City Council: 1) Open Public Hearing; 2) Receive Staff Presentation; 3) Receive Public Testimony; 4) Close Public Hearing; 5) Deliberate; 6) Adopt Resolution approving Site Development Review for Dublin Transit Center Site E-l, Metropolitan at Dublin Station; 7) Waive Reading and Introduce Ordinance approving a Stage 2 Planned Development Zoning for Dublin Transit Center Site E-I, Metropolitan at Dublin Station, with Development Plan attached as Exhibit A, and continue matter to the February 7, 2006 Council meeting; 8) Waive Reading and Introduce Ordinance approving a Development Agreement between Western Pacific Housing (doing business as D.R. Horton) and the City of Dublin for Dublin Transit Center Site E-l, Metropolitan at Dublin Station, attached as Exhibit A, and continue matter to the February 7,2006 Council meeting. Page 10 of 10 RESOLUTION NO. _-06 16b11OY- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR DUBLIN TRANSIT CENTER SITE E-1 (METROPOLITAN AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0001-013-002) P A 05-042 WHEREAS, the Applicant, D.R. Horton Inc., has requested approval of Stage 2 Planned Development Zoning for PA 05-042, Dublin Transit Center Site E-l, for the construction of a 300-unit condominium complex with ::!::15,000 square feet of retail on approximately ::!::4.1 acres of land, located on Site E-l of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southeast corner of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 300-unit condominium complex, ::!::15,000 square feet of ground floor retail, parking, landscaping, common areas and related improvements which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Togawa and Smith Architects, Inc. received by the Planning Division on December 19, 2005; and WHEREAS, a Master Development Agreement for the Dublin Transit Center project was adopted by Ordinance 5-03 and amended by Ordinance 25-05; and WHEREAS, the amended Master Development Agreement requires that the ApplicantlDeveloper pay an affordable housing in-lieu fee of 15% of the total constructed units (300); 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 (EIR) 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 decision making authority for Site Development Review applications typically lies with the Planning Commission; and ATTACHMENT 1 lo \ \-\1-0(0 I 2. 0blW~ WHEREAS, the City of Dublin Zoning Ordinance, Section 8.96.020.C.3 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the Project; and WHEREAS, a Staff Report was submitted to the Planning Commission on December 13, 2005 recommending referral of said application to the City Council; and WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission adopted a Resolution referring decision making authority on the Site Development Review for Dublin Transit Center Site E-l (Metropolitan at Dublin Station), related amendments, and time extensions of permits to the City Council; and WHEREAS, the Planning Commission also recommends approval of said application; and WHEREAS, on January 17, 2006, the City Council waived the reading and introduced an Ordinance a~a Stage 2 .p. lanned Development Zoning applicable to the proposed Site Development Review' and '~ (j( ~)'.. f) , ."........rv ~ ',. '(~:-'- WHEREAS, a Staff Report was submitted to the City Council on January 17, 2006 recommending approval of said application; and WHEREAS, the City Council did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance because: 1) the proposed pro;ect will be compatible with the surrounding area because the development is designed to take advantage of the close proximity to the DublinlPleasanton BART Station and because the building has been designed to be compatible with the surrounding approved and existing developments and to create a more pedestrian friendly environment as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the proposed proiect will conform to the height, density, design, and landscape requirements of the Stage 1 Planned Development Zoning as required by Section 8.104.020.B of the Dublin Zoning Ordinance; and 3) the pro;ect will be an attractive addition to the Citv and the Dublin Transit Center and therefore will meet the requirements of Sections 8.104.020.D and E. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with the policies of the General Plan and the Eastern Dublin Specific Plan, the zoning requirements of the Stage 1 Development Plan for the Dublin Transit Center in which the project is located because 1) the proposed 300 condominium units and 15,000 square feet of ground floor 2 \ ~ ,'<:"~ l! ()!,..!.- ....)vb'>"'/ I retail are compatible with the approved uses for the site; 2) the overall design of the project is consistent with the design requirements discussed in the Dublin Transit Center Plan; 3) the proposed proiect is consistent with the Eastern Dublin Specific Plan because the Plan states that the Transit Center area should have a mix of uses and should have a pedestrian friendly environment which the proposed project achieve through a mix of retail and residential uses and through the design of the building. site layout and landscaping which together promote the use of the street and create a more pedestrian friendly environment; 4) the proposed project includes ground floor retail along Iron Horse Parkway and Martinelli Way to serve the residents and employees in the area which is consistent with the goals of the Eastern Dublin Specific Plan which encourages retail on Iron Horse Parkway to add vitality to the street and to serve the needs of residents and employees in the neighborhood; 5) the proposed development is compatible with the General Plan Land Use designation of Mixed-Use which allows for a combination of high density residential and retail uses which the develo{>ment will achieve; 6) the proposed project is compatible with the General Plan Implementing Policy 2.1.l.B which encourages high density residential projects where higher density is compatible with the surrounding uses and the densitv of the project is compatible with surrounding developments and a higher density in this case is warranted due to the location of the BART station which is less than one Quarter of a mile from the property; and 7) the proposed project meets the intent of the Dublin General Plan which discourages proiects which do not relate well to the surrounding developments and the proposed project is compatible with the neighborhood which includes office, high density residential and retail uses including mixed-use developments which are located across the street from and adjacent to (future) the property. C. The proposed Project, 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 because: 1) 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; 2) the proposed project will result in a mixed-use development with condominium units and ground floor retail and is compatible with existing and future development in the area as identified in the Dublin Transit Center Plan; 3) the site layout and design of the proposed buildings (project site) is compatible with the site layout and design of buildings in the neighborhood; and 4) as conditioned. the buildings will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The proposed Project will not be injurious to property or improvements in the neighborhood because: 1) the project has been conditioned to com{lly with all Building Division. Fire Department, Public Works Department, Planning Division and Dublin San Ramon Services District requirements; and 2) as conditioned. the building including retail and residential uses will be operated in such a manner as to reduce impacts on the surrounding neighborhood. streets and pedestrian areas. E. The site development for the proposed Project has been designed to provide a desirable environment for the Project and surrounding areas because: 1) as designed. the architecture of the building including roof forms. colors and materials is compatible with the roof forms, colors and materials of the existing and approved buildings in the vicinity; 2) as shown on the Landscape Plans. the proposed landscaping is compatible with the existing and approved landscaping in the area including landscaping along Dublin Boulevard and street trees which conform to the requirements of the Dublin Transit Center Plan; 3) the overall design of the proiect is consistent 3 ~ OOllolf with the design requirements discussed in the Dublin Transit Center Plan; 4) the design of the building which includes Mediterranean and modern design features will be compatible with developments in the neighborhood which have a Mediterranean or modern design or a mix of the two elements; 5) the architecture of the building includes tower elements, stucco and stone materials, earth tone colors, window design, roof pitch, extensive use of glass in the retail portion of the property are compatible with common architectural elements found in the area; 6) the proiect includes many pedestrian friendly elements which include attractive paving, ground floor retail, street trees, awnings and units with street access which is compatible with the proposed design of the area, as discussed in the Dublin Transit Center Plan, and is compatible with the design of the approved developments in the area; and 7) the proiect includes a mix of retail and residential units which are compatible with developments in the neighborhood which also have a mix of uses and with the anticipated future development of the area which will have a mix of retail, residential and office uses. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures because: 1) the Stage 1 Planned Development Zoning identified this propertv as having the potential to be developed with office, housing and/or retail and the proposed proiect will have a mix of retail and residential units which will conform to the approved land use for the property; 2) the pro~osed development will result in a density of 73.1 dwelling units per acre which is compatible with densities in the surrounding neighborhood; 3) the proposed density and height of the buildings (five and seven stories) will be compatible with the height of buildings in the surrounding area and will be compatible with the site which is located near the Dublin/Pleasanton BART station and a higher density is warranted to encourage use of the station and to take advantage of the close proximity to the public transit center; and 4) the proposed lot coverage of 84% is compatible with the approved and future Dublin Transit Center developments. G. There are no impacts to slopes or topographic features because: 1) the existing site is relatively flat. H. The character, scale and quality and design of the project is compatible with the proposed development, existing and approved projects in the area and with anticipated future development in the area because: 1) the proposed proiect includes a mix of residential units and retail which is compatible with developments in the area; 2) the proposed density of 73.1 units per acre is compatible with the density of approved developments in the area and the overall anticipated densitv of the Dublin Transit Center once all of the properties identified in the Dublin Transit Center Plan have been developed; 3) the perceived massing and overall density of the site is reduced by pedestrian elements, attractive landscaping, tower elements, windows, varying roof forms and varying building wall set backs to the ground floor; 4) the proposed design of the building includes architectural elements which are commonlv found on Mediterranean and modern stvle buildings which are prevalent in the City of Dublin and in the vicinity; 5) the proiect will include balconies, porches, stoops, on-street parking, ground floor retail and architectural features to make the area a more pedestrian friendly neighborhood and to encourage the use of the sidewalk and surrounding streets; 6) the design of the buildings are well designed in and of itself and provide an attractive addition to the neighborhood; 7) the proposed buildings include architectural features which are common in the area and include materials, colors, window design, roof pitch, roof design and massing; 8) the proposed earth tone color palette is compatible with colors found in the neighborhood; and 9) the proposed building has a mix of stone and stucco materials which 4 -- \ v---\ /""''''. II n ~ ......,.. "'"'''''0 ',JI \ relate well to the design of the building and are compatible with the building materials commonly found in the City as well as in the Transit Center and surrounding area. 1. Parking on-site will conform to the requirements of the Dublin Zoning Ordinance, Stage 1 Planned Development Zoning and as amended by the Stage 2 Development Plan because: 1) a total of 708 parking stalls will be provided in the parking garage and 26 parking stalls will be provided on the street; 2) the proposed development will have an excess of residential stalls, however, there will be a deficit of 22 residential guest parking stalls; 3) the Applicant/Development has requested a 25% shared parking credit to allow the retail and guest parking stalls to be shared and to reduce the total number of required guest stalls; 4) the requested 25% shared parking credit has been determined to be warranted in the November 9, 2005 Focused Parking Analysis; 5) future retail uses will be limited based on the available number of parking stalls located in the parking garage; 6) based on parking concerns, eating and drinking establishments, as conditioned, will be limited to no more than 6,000 square feet; 7) as conditioned future retail establishments will be reviewed with respect to the number of available off-street parking stalls and parking requirements as established by Chapter 8.621, Off-Street Parking and Loading Regulations, of the Dublin Zoning Ordinance; 8) the shared parking credit is warranted based on the anticipated time of use of the stalls bv guests or retail users and due to the 26 parking stalls located on Iron Horse Parkway and Campus Drive which will be available for short term parking (two hours maximum) for guests, retail users and residents. J. The landscaping will provide an attractive feature, will be compatible with the surrounding area and will conform to the Stage 1 Planning Development Zoning because: 1) double row of street trees will be provided on all four streets which surround the subiect property as required by the Dublin transit Center Plan; 2) the street tree species will conform to the approved species as stated in the Dublin Transit Center Plan; 3) an opportunity for public art has been provided at the corner of Dublin Boulevard and Iron Horse Parkway to provide an attractive pedestrian element and an attractive focal point from the street; 4) a mix of attractive plantings is located throughout the site including the interior courtyards to reduce the amount of paving on-site; 5) a good mix of tall trees, tall shrubs, groundcover and colorful plants has been vrovided along Dublin Boulevard to mitigate the height of the building and to provide an attractive view for motorists and pedestrians in the area. BE IT FURTHER RESOLVED that the City Council does hereby approve said application, Site Development Review for Dublin Transit Center Site E-l (Metropolitan at Dublin Station), to construct a 300-unit condominium complex and .:t15,000 square feet of retail located at the southeast corner of Dublin Boulevard and Iron Horse Parkway, as generally depicted in the written statement and project plans prepared by Togawa and Smith Architects, Inc. and to the Landscape Plans prepared by the Guizzardo Partnership received by the Planning Division on December 19, 2005, labeled Attachment 1 of the January 17, 2006 City Council Agenda Statement, stamped approved, and on file with the Community Development Department, 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 5 L2 ~ ILD~ 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, [LA VTA], Livermore Amador Valley Transit Authority, [CHSJ, California Department of Health Services. 1. 2. 3. 4. Approval. This Site Development Review approval for Dublin Transit Center Site E-l (Metropolitan at Dublin Station), P A 05-042 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 Togawa and Smith Architects Inc received December 19, 2005, 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 A roval contained herein. Effective Date. This Site Development Review approval is contingent upon the approval of the related Stage 2 Planned Development Rezoning. If the Stage 2 Planned Development Rezoning is not approved this Site Development Review approval 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 appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. Time Extension. The original approving decision- maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, rant a time extension of 6 PL Planning On-going PL DMC 8.32.030.B PL One year from permit approval DMC 8.96.020.D PL One year from permit approval DMC 8.96.020.E 1 ICO 110Lr 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 articular Permit. 5. Permit Validity. This Site Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of a roval. 6. Revocation of permit. The Site Development Review approval shall be 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 be sub'ect to citation. 7. Development Agreement. The Developer shall meet all applicable sections of the Master Development Agreement for the Dublin Transit 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 ro . ect. 8. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, 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 Department 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 re uired have been or will be met. 9. Required Permits. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the ermits to the Public Works De artment. 10. Fees. ApplicantlDeveloper shall pay all applicable fees III effect at the time of buildin ermit issuance, 7 PL On-going PL On-going ADM On-going Various Building Permit Issuance PW Building Permit Issuance Various Building Permit Issuance DMC 8.96.020.F DMC 8.96.020.1 Administrat ion/ City Attorney Standard Standard Various ~ 15b \ IJ)~ including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon 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 a licable. 11. Indemnification. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. 12. Clean-up. The ApplicantlDeveloper shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 13. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zonin Ordinance. 14. Controlling Activities. The ApplicantlDeveloper shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 15. Soft Foam Building Materials. Soft Foam (ie efis type material) may be installed no closer then 6 feet from the earth or aved areas. 16. Accessory/Temporary Structures. The use of any accessory or temporary structures, such as storage sheds or trailer/ container units used for storage or for any other u oses, shall be sub"ect to review and a roval 8 ADM On-going PL On-going PL On-going PL On-going PL Building Permit Issuance/ On-going On-going PL Administrat ion/City Attorney Planning DMC 8.104.100 Planning Planning DMC 8.108 \ /'i:,,\, \ 1 ^ \..,.-- VI, Ub LV, 17. 18. 19. 20. 21. 22. Mitigation Monitoring Program. The Applicant/ Developer shall comply with the Dublin Transit Center EIR Mitigation Monitoring Program including all mitigation measures, action programs, and implementation measures on file with the Community Develo ment De artment. Sound Attenuation. The Applicant/Developer shall submit a site specific acoustic report to be prepared by qualified acoustical consultants. The acoustic report shall 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. Equipment Screening. All electrical and/or mechanical equipment shall be screened from public view. Any roof-mounted equipment shall be completely screened from VIew by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of Communit Develo ment. Master Sign Program. A Master Sign Program shall be applied for and approved for all Project related slgnage including, but not limited to, community identification signage, address signage, directional signage, parking signage, speed limit sign age, retail tenant signage, and other signage deemed necessary by the Cit . Colors. The exterior paint colors of the buildings are subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Develo ment rior to aintin the buildin s. Parking. Eating and Drinking Establishments shall be limited to no more than 6,000 sq. ft. at all times. All proposed retail uses will be reviewed with respect to available parking and the requirements of the Dublin Zoning Ordinance. The property owner may submit a arkin stud, at an time, for additional eatin and 9 PL On-going PL Building Permit Issuance PL Building Permit Issuance Through Completion/ On- gomg PL, B, F, PW, PO Building Permit 'Issuance PL Occupancy PL On-going Dublin Transit Center EIR Mitigation Monitoring Program Dublin Transit Center EIR Mitigation Monitoring Program Planning Various Planning Planning \ IO'5QlLOlf drinking establishments beyond the 6,000 square foot limit on such uses, for review and approval by the Communit Develo ment Director. 23. Telecommunications. The Applicant shall comply with ANSIffIA.EIA-570-A Standard relating to telecommunications and the installation of data outlets for high-speed internet access within individual residential units. 24. Retail Spaces. The retail store and restaurant service areas, the front of the retail tenant spaces, and parking area shall at all times be kept free of storage materials, pallets, trashcans, bins, boxes, trash bags, and other materials. These areas of the store and site shall be policed as often as necessary in order to keep the rear, service area and front of the store and site neat and clean. 25. Affordable Housing In-lieu Fee. The developer shall pay the housing in-lieu fee as stated in the Master Development Agreement prior to issuance of a Building Permit 26. Trash and Waste Accumulation. The applicant or any future owner shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess/waste materials and debris. LANDSCAPING 27. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans, prepared and stamped by a State licensed landscape architect or registered engineer, shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the Dublin Transit Center General Plan and the preliminary landscape plan prepared by The Guzzardo Partnership Inc., received by the Planning Division on December 19, 2005, except as modified by the Conditions listed below and as required by the Community Development Director. 28. Plant Species. Plant species shall be selected according to use, sun/shade location and space available. The landscape plan should include plant species that are not salt sensitive. Street trees shall be high branching and roduce minimal litter. 29. Slopes. The landscape plan shall address slopes within the ro ert, includin erosion, maintenance and B,PL Building Permit Issuance Building! Planning Planning Planning Planning 10 PL On-going PL On-going PL On-going PL Building Permit Issuance PL Building Permit Issuance PL Building Permit Issuance DMC 8.72.030 Planning Planning \ \ LO '-' , Imgation issues. All slopes shall have a one-foot level area at to and bottom of the slo e for maintenance. 30. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the eneral ublic surveillance ca abilities of the area. 31. Lighting. The ApplicantlDeveloper shall prepare a photometric plan to the satisfaction of the City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. Exterior lighting shall be provided within the parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The plan shall shows measurements for the parking structure, connecting paths, outdoor parking area and residential areas. 32. Street Lights and Trees. Maintain approximately 15' clearance between streetlights and street trees. Where such clearance is not practical for design considerations, trees shall be increased to 36" box minimum to reduce the conflict between the li htin and folia e. 33. Standard Plant Material, Irrigation and Maintenance Agreement. The ApplicantlDeveloper shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance A reement 34. Landscape Borders. All landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). All landscape planters within the parking area shall maintain a minimum 5 foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 4 inches deep and 6 inches wide shall be re uired to se arate turf areas from shrub areas. 35. Landscaping. ApplicantlDeveloper shall construct all landsca in within the site and alon the ro"ect 11 PL Building Permit Issuance PL,PW,PO Building Permit Issuance PL,PO Building Permit Issuance PL Building Permit Issuance PL Building Permit Issuance PL,PW Building Permit Issuance Planning Planning Planning DMC 8.72.050.B Planning Planning! Public \LOO\\~~ site landscaping shall be to the satisfaction of the Director of Community Development. The frontage landscaping, from the face of curb to the right-of-way, shall be to the design in the Dublin Transit Center Specific Plan. Street trees within the frontage shall be a minimum 24" box, their exact tree locations and varieties shall approved by the Community Development Director and the City En ineer. 36. Plant Standards. All trees shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 allon minimum. 37. Maintenance of Landscaping. All landscaping materials within the public right-of-way shall be maintained for 90 days and on-site landscaping shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Developer after City- approved installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Communit Develo ment Director. 38. Backflow Prevention Devices. The Landscape Plan shall show the location of all backflow prevention devises. The location and screening of the backflow prevention devices shall be review and approved by City staff. 39. Root Barriers and Tree Staking. The landscape plans shall provide details showing root barriers and tree staking will be installed which meet current City s ecifications. 40. Water Efficient Landscaping Ordinance. The Applicant! Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the Cit 's Water Efficient Landsca in Ordinance. 41. Public Art. The ApplicantlDeveloper shall construct Public Art on the corner of Dublin Boulevard and Iron Horse Parkway. The ApplicantlDeveloper shall submit plans for Public Art on this corner for review and a roval b the Cit rior to occu anc of the first unit 12 PL PL PL,PW,F PL,PW PL PL Occupancy On-going Building Permit Issuance Building Permit Issuance Building Permit Issuance Occupancy Planning City of Dublin Standards Plant Material, Irrigation System and Maintenanc e Agreement Planning Planning DMC 8.88 Transit Center Master Plan 42. Green Building Guidelines. To the extent practical, the Applicant shall incorporate Green Building Measures. Green Building plans shall be submitted to the Buildin Official for review. 43. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs. 44. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear roof diaphragm and structural frame of the building. A written report shall be submitted to the City Inspector rior to schedulin the final frame ins ection. 45. Addressing. a) Provide a site plan with the City of Dublin's address grid overlaid on the plans (1 to 30 scale). Highlight all exterior door openings on plans (front, rear, garage, etc.). b) Provide a plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building permit. c) Town homes/Condos are required to have address ranges posted on street side of the buildings. d) Address signage shall be provided as per the Dublin Residential Security Code. e) Provide a site plan with the approved addresses in 1 to 400 scale prior to approval or release of the project addresses. f) Exterior address numbers shall be backlight and posted in such a way that they may be seen from the Street. roved condominium unit-numberin Ian 13 B Through Completion Building B Through Completion Building B Through Construction Building B Building a) Prior to release of addresses b) Prior to permitting c) Prior to Occupancy of any Unit d) Prior to Occupancy of any Unit e) Prior to permitting f) Pri or to permi t issuance and through completion g) Prior to permit issuance shall be incorporated into the construction drawin s. 46. Electronic File. The ApplicantlDeveloper shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occu anc . 47. Construction Trailer. Due to size and nature of the development, the ApplicantlDeveloper in conjunction with the Applicant/ Developer of the adjacent project on Site B, shall provide a construction trailer with all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has its own construction trailer, the ApplicantlDeveloper shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The ApplicantlDeveloper shall cause the trailer to be moved from its current location at such time as is determined necessary by the Building Official at the A licantlDevelo er's ex ense. 48. Alternate Methods Special Inspections. As determined by the Building Official, additional inspections beyond those normally required by a building of this type may be required to evaluate and determine appropriateness of Alternate Methods proposed by the ApplicantlDeveloper and approved by the City. These inspections shall be subject to reimbursement for the actual costs incurred plus the Cit 's normal administrative fee. B Issuance of Building Permits Building Prior to Final Occupancy B Issuance of Building Permits Building B Through Construction Building 49. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of buildin ermit. 50. Phased Occupancy Plan. If occupancy is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handiwork items, approved by the Department of Community Development. The Phased Occu anc Plan shall be submitted to the 14 B B Occupancy of any affected building Building 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 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 competition of landscaping may be deferred due to inclement weather with the posting of a bond for he value of the deferred landsca in and associated im rovements. 51. Building Permits. To apply for building permits, ApplicantlDeveloper shall submit eight (8) sets of construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy 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. ApplicantlDeveloper will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of buildin ermits. 52. Copies of Approved Plans. Applicant shall provide City with 4 reduced (112 size) copies of the approved lans. 53. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-moveable materials 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 III accordance with the PD text. 54. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction. 15 B Issuance of Building Permits Building B 30 days after first permit Building B,PL Occupancy of unit Building B Issuance of Building Permits and Through Building \ LQ 0:0 \ l.L) 55. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn, and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape Ian and details shall be consistent with each other. 56. Foundation. A Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the a royal. 57. The Fire Protection Engineer of record for the alternate means and methods shall revIew and approve the proposed enhancements design, for plan reVIew and construction. A letter shall be submitted to the Building Division prior to issuance of the building permit, prior to any occupancy, and prior to the final inspection. This reVIew should be based on site visits to confirm implementation and operation of the proposed alternatives. 58. Height of building: - Developer / Contractor shall certified the height of the buildings prior to 1 sl frame inspection in a manner acceptable to the Building Official. 59. Loft Areas: All loft or mezzanine areas shall meet all the requirements for bedrooms, (i.e. smoke alarms, light and ventilation, window e ress, electrical B com letion Issuance of Building Permits Building Building Building Building Building 60. Building and Fire Codes. The project shall be in compliance with Building and Fire Codes unless specifically addressed by an alternate materials or methods a lication. 61. Exiting. Show all the exit components on the plans- corridor, exit enclosure, exterior exit balcony, etc. on the lans. 62. Exit Doors. Exit doors serving fifty (50) or more shall swin in the direction of e ess. 63. Stair Enclosures. The stair enclosures shall continue to the exterior of the building as required by Section 1005.3.3.3 of the 2001 California Buildin Code. 64. Corridors. Corridors shall not be interrupted by an intervenin room as re uired b CBC 1004.3.4.4. 16 B Issuance of Building Permits B Issuance of Building Permits and Through completion B Prior to Frame Inspection B Through Completion F Issuance of Building Permits F Issuance of Building Permits F Issuance of Building Permits Issuance of Building Permits F F Issuance of Building Permits Fire Fire Fire Fire Fire \1 I ob1LoLt Corridors shall not have dead ends over 20 feet Ion . 65. Fire Flow. Fire flow shall be provided as required by CFC Appendix IDA or as modified by the alternate material application 66. Truck Ladder Access. Truck ladder access shall be provided along at least one long side and one short side of the buildin . F Prior to Combustible Construction or Combustible Stora eOn-site Through Completion Fire F Alternative Materials Application. Prior to issuance of a Building Permit, the Alternative Materials application shall be reviewed and approved by the Building Official; and the Alameda County Fire Department. The Alternate Materials Application shall meet the Building and Fire De artment re uirements Issuance of Building Permits Fire 68. Emergency Vehicle Access. In accordance with the Alameda County Fire Department requirements, the ApplicantlDeveloper shall provide emergency vehicle access routes into the project in general conformance with the site plan. ApplicantlDeveloper shall demonstrate how emergency access requirements shall be achieved on the improvement plans to the satisfaction of the City Engineer and the Alameda County Fire Department. (All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site). 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). 69. Automatic Sprinklers. Automatic sprinklers shall be provided throughout the building as required by the Dublin Fire Code The system shall be monitored by UL listed central station. 70. City of Dublin Rules Regulations and Standards. Applicant/ Developer shall comply with all City of Dublin Fire rules, re lations, and standards (unless 17 F Combustible construction or combustible storage on site Fire F Occupancy of any affected building Fire F Through completion Fire specifically addressed by an alternative materials or methods application), including minimum standards for emergency access roads and payment of applicable fees includin Cit of Dublin Fire facilit fees. 71. Fire hydrants. The ApplicantlDeveloper shall construct all new fire hydrants in accordance with the City of Dublin Fire Code. Final locations of fire hydrants shall be approved by the City of Dublin Fire Marshal in accordance with current standards. The minimum fire flow design shall be 1500 gallon per minute at 20 psi residual (flowing from a single hydrant). Raised blue reflectorized traffic markers shall be epoxied to the center of the street opposite each hydrant. Sufficient fire flow is required based on building construction and size. Hydrants around the project shall have an average spacing of 300 foot on center. The ApplicantlDeveloper shall construct all new fire hydrants in accordance with the Alameda County and City of Dublin requirements. No arkin is allowed within 7 Y2 feet of a fire h drant. 72. Addressing. Approved numbers or addresses shall be placed on all new and existing buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their back round. 73. Fire Extinguishers. Provide 2A1OBC fire extinguishers within 75 ft travel distance of portions of the buildings. An approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the extin uisher. 74. Knox Key Boxes. Provide Knox key boxes as required b the Fire De artment. 75. Security Requirements. The ApplicantlDeveloper shall comply with all applicable City of Dublin Residential and Non-Residential Security requirements. 76. Security Plan. The ApplicantlDeveloper shall submit a Security Plan for the site. The Security Plan shall address both the residential and commercial components to the project including, but not limited to, adequate lighting and visibility levels within the garage; measures to secure access at all pedestrian gates to the project; measures to secure the main entry doors and gates; measures to secure access to the private courtyards, club room, and fitness center; information re ardin alarm 18 F Combustible construction or combustible storage on site F Occupancy of any affected building F Occupancy of any affected building F Occupancy of any affected PO Issuance of Building Permits PO On- oin Occupancy Fire Fire Fire Fire Police Police systems (type and location), inventory control measures, key control measures, and employee safety and security training programs. The Security Plan shall be subject to review and a roval b the Chief of Police. 77. Directory Map. There shall be positioned at each street entrance an illuminated diagrammatic representation (map) of the complex that shows the location of the viewer and the unit designations within the complex. Directory map boards shall be installed at the project's entrances. The boards shall be readable and well lighted. The location of the map boards shall be shown on the Site Plan and an elevation of the sign must be included in the project plans. The location and design of the map shall be reviewed and approved by the Police Services De artment. 78. Commercial Lighting Plan. The ApplicantlDeveloper shall submit a commercial lighting plan with point by point photometric measurements for the parking structure, connecting path, outdoor parking area and residential areas. 79. Commercial Areas - Lighting. All commercial properties shall have light fixtures above each door front. Street lighting or landscape lighting will not be allowed to be the onl source of Ii ht to the store front. 80. Exterior Lighting. Exterior lighting is required over all doors. 81. Vandal Resistant Lighting Fixtures. All lighting fixtures shall be of a vandal resistant t e. 82. Emergency Access - Residential Building. Multi- tenant buildings utilizing electronic access control systems on the main entry door shall provide police emergency access utilizing an approved key pad switch device which shall be installed as follows: . All doors using an electromagnetic type of lock shall install a key pad switch device at the building's exterior. A telephone/intercom console or a control housing, needs to be of a heavy gauge metal, vandal and weather resistant housing, which is accessible to a driver of a vehicle. An approved Knox Box 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 the door. 83. Stairway Mirrors. Stairways shall have shatter resistant mirrors or other e uall reflective material at 19 PO Occupancy Police PO Issuance of Building Permits Police PO Issuance of Building Permits Police PO Issuance of Building Permits Occupancy Police PO Police PO Occupancy Police PO Occupancy Police each level and landing and be designed or place in such manner as to rovide visibilit around corners. 84. Stairways - Restricted Access. Areas beneath stairways at or below ground level shall be fully enclosed or access to them restricted. 85. Locked Gates. Tenant buildings shall be equipped with an electromagnetic type of lock on the main entry doors and gates. Locked gates shall secure the private pool courtyard, leasing office, clubhouse and fitness area. Locks can be electromagnetic type or standard protected door/lock mechanisms. 86. Door Hinges. Doors opening out from the building to the street shall have non-removable hin es. 87. Tenant Unit Locator Box and Intercom. Each access point into the residential structure on the ground floor shall have a tenant unit locater box with intercom. 88. Construction Fence. The perimeter of the site shall be fenced during construction, a temporary address sign shall be placed at the site, and security lighting and securit atrols shall be em 10 ed as necessa 89. BalconylPatios. Balcony/patio areas on the mezzanine level shall be designed to prohibit access beyond those areas. 90. Windows. Primary living areas and windows of individual units should be focused for observation of common areas, adjacent units, recreational areas, and child play areas to provide for self-policing and a sense of communit . 91. Common Area Access. Access to the common areas and elevators on the podium level shall be restricted. Gates and si na e ma be used to accom Iish this. 92. Public and Private Areas. There shall be delineation between private and public areas around the perimeter of the residential area. This can be accomplished with fixed or erceived barriers such as fences or landsca in . 93. Landscaping. The ApplicantlDeveloper shall ensure that, trees have a minimum six-foot canopy height, and that all shrubbery is planted away from the structures and kept trimmed to eliminate hiding places and improve open surveillance. Trees shall not be planted near light standards in a manner that would prevent ne ative Ii ht reflection when the trees row. PO PO PO PO PO PO PO PO PO PO Issuance of Building Permits Occupancy Occupancy Occupancy On-going Issuance of Building Permits Issuance of Building Permits Issuance of Building Permits Issuance of Building Permits Occupancy and On-Going Police Police Police Police Police Police Police Police Police Police 94. Emergency Access - Parking Structure. Parking areas or structures controlled b unmanned mechanical Police 20 PO Issuance of Building Permit parking type gates shall provide for police emergency access as follows: . An approved Knox Box or Knox type key switch is to be mounted on a control pedestal consisting of a metal post/pipe at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gates of the parking structure. The Building Permit plans shall show that the Knox box device will be located on the left side of the road or driveway of the gate. It shall be accessible in such a manner that it will not require a person to exit their vehicle to reach it, nor to require any vehicle back-up movement to enter a parking structure. 95. Electronic Access Control System. Multi-tenant building utilizing an approved key pad switch device which shall be installed as follows: . All doors using an electromagnetic type of lock shall install a key pad switch device at the building's exterior. A telephone/intercom console or a control housing, needs to be of a heavy gauge metal, vandal and weather resistant housing,. . Multi-tenant buildings utilizing electronic access control systems on the main entry doors shall provide police emergency access utilizing key, code or other a roved means of ent . 96. Radio Frequency. The ApplicantlDeveloper shall msure radio frequency transmission and receiving capabilities within the parking structure for PoliceIFire/ Ambulance. 97. Interior Lighting. The interior portion of the parking structure shall be illuminated with a uniformly maintained minimum level of two foot candles of light between ground level and 6 vertical feet. The same level of light shall apply to all entrances to the parking lot (including motor vehicle and pedestrian) and all hallways. The photometric plan must show locations of light fixtures and conformance with the Dublin Munici al Code. 98. White Paint. The ApplicantlDeveloper shall paint the interior walls of the parking structure white to reflect available li ht. 99. Security Screens. The parking structure shall be secure and controlled b electronicall controlled ates and 21 PO Issuance of Building Permits Police On-going PO Occupancy Police PO Issuance of Building Permits Police PO Occupancy Police PO Occupancy Police security screens over ventilation spaces to prohibit access by unauthorized persons. 100. Grill Work. The parking structure shall be secure and controlled by electronically controlled gates and security screens over ventilation spaces to prohibit access by unauthorized persons. Grill work covering openings for the parking area shall be designed to prohibit their use as ladders. 101. Shatterproof Convex Mirrors. Blind corners III parking structure shall be provided with shatterproof convex mirrors to improve visibility for both operators of vehicles and edestrians. 102. Security Phones. Security phones with monitoring capability shall be installed pursuant to Section 7.32.230.h.3 of the DZO. The phones shall have a blue light to identify the location of the phone. The location of the security phones must be shown on the Building Permit lans. 103. Speed Limit. Signs which limit vehicular speed to 5 M.P.H. shall be osted inside the arkin structure. 104. Vehicle Removal Signage. All entrances to the parking levels shall be posted with appropriate signs per Sec. 22658(a) of the California Vehicle Code., to assist in removing vehicles at the property owner/manager's re uest. 105. Private Property. All entrances to the parking structure shall have posted signage which identifies the property as "Private Pro ert" er Ca. P.c. Sec. 602L. 106. Pedestrian Pathways. Pedestrian paths in parking structure must be shown with appropriate crosswalks areas de icted. PO Occupancy Police Police DMC 7.32.230.h.3 Police Police Police Police 107. The ApplicantlDeveloper shall comply with all applicable City of Dublin Residential and Non- Residential Securit Ordinance re uirements. 108. The ApplicantlDeveloper shall keep the site clear of graffiti vandalism on a continuous basis at all times. If available, raffiti resistant materials should be used. 109. Addressing and building numbers shall be visible from the approaches to the buildings. The elevations shall show the location and size of the building numbers for review and a roval b the Police Services De artment. 110. Address range markers shall be placed at exits from elevators. 22 PO Occupancy PO Issuance of Building Permits PO Issuance of Building Permits Issuance of Building Permits PO PO Issuance of Building Permits PO Issuance of Building Permits PO On-Going PO On-Going PO Issuance of Building Permits PO Occupancy Police Police Police Police 111. Elevator operations shall be designed to meet City of Dublin Residential Securit re uirements. 112. Outside stairwells shall be open and not obstructed from VIew. 113. Areas beneath stairways at or below ground level shall be full enclosed or access to them restricted. 114. Multi-tenant buildings utilizing electronic access control systems on the main entry doors shall provide police emergency access utilizing key, code or other approved means of ent 115. The ApplicantlDeveloper shall work with Dublin Police Services on an ongoing basis to establish an effective theft revention and securit ro ram. PO Issuance of Buildin Permits Issuance of Buildin Permits Issuance of Buildin Permits Issuance of Building Permits PO PO PO On-Going Police Police Police Police 116. Public Facilities Fee. The developer shall pay a Public Facilities Fee in 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. Per Reso. 214-02 or subsequent Reso. Parks & Community Services PW Public Works 117. Parcel Map 7667. Parcel Map 7667 must be approved and ready for recording prior to the construction of any im rovements. 118. Clarifications and Changes to the Conditions. In the event that there 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 im acts of this ro' ect. 119. Public Facilities Fee. The developer shall pay a Public Facilities Fee in 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. The in-lieu land dedication portion of the fee will be due rior to the recordin of the Final Ma for Construction of Improvements PW Tract 7667 Final Map PW Tract 7667 Final Map. 23 Public Works Public Works Tract 7667, if recorded rior to Buildin Permits. 120. Street Lighting Maintenance Assessment District. All publicly maintained streetlights shall be annexed into a Street Light Maintenance Assessment District as required by the Master Development Agreement 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 any right to rotest the annual assessment for that District. 121. Streetscape Design Standards. The streetscape design for Martinelli Drive, Iron Horse Parkway, Dublin Boulevard and Campus Drive shall be in accordance with the Streetscape Master Plan adopted as Ordinance No. 21-02 for the Dublin Transit Center Project, PA 00- 013. In keeping with the streetscape design used for residential frontage throughout the Dublin Transit Center, the Campus Drive frontage shall contain landsca e islands in the arkin area. 122. Sidewalks: All public sidewalks shall have a 2% cross slope. The 2% cross slope shall be maintained for a minimum distance of one foot behind the sidewalks where there is landscaping, stairs, or pathway along the back of the sidewalk. Sidewalks shall be designed to maintain a 2% cross slope across all driveway entrances. The 2% cross slope of the sidewalk may be reduced (minimum 1 %) to meet design constraints for the retail door entrances as a roved b the Cit En ineer. 123. On Street Parking: The locations of the landscape islands along Iron Horse Parkway and Campus Drive shall be adjusted to maximize the amount of on street arkin to the satisfaction of the Cit En ineer. 124. On Street Parking Restrictions. Developer shall designate no parking areas along Dublin Boulevard and Martinelli Drive and designate on Iron Horse Parkway and Campus Drive for short-term parking (2 hour maximum) as directed by the City Engineer. Parking time limits should not a 1 between 6 PM and 7 AM. PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map 24 Public Works Public Works Public Works Public Works Public Works 125. Loading Areas. The Developer shall make provisions loading areas to the satisfaction of the City Engineer. These provisions may include the use of on-street parking spaces limited to specific hours or based on scheduled re uests 126. Dublin Boulevard Frontage: The Developer shall install a landscape six-foot wide planter and a six-foot wide walk the full length of the project frontage along Dublin Boulevard. 127. Iron Horse Parkway: The Developer shall construct the project frontage improvements along the east frontage of Iron Horse Parkway as shown on the Tentative Ma . 128. Martinelli Way: The Developer shall construct a raised island to separate the thru/left lane form the right turn lane at the Iron Horse Parkway / Martinelli Way intersection. The right turn lane from Martinelli Way should turn into an exclusive lane on Iron Horse Parkwa . 129. Campus Drive: The Developer shall construct the improvements for the full width of Campus Drive, as shown on the Tentative Map, between Martinelli Way and Dublin Boulevard. Improvements to include fronta e landsca in and sidewalk onion the west side. 130. Dublin Boulevard Median: The Developer shall widen the Dublin Boulevard landscape median when the second left turn lane from Dublin Boulevard to Iron Horse Parkway is eliminated. This improvement is not to be constructed until the Bart parking garage is com leted. 131. Dublin Boulevard Right Turn Lane: The Developer shall widen Dublin Boulevard to provide a right turn lane at Campus Drive to the satisfaction of the City En ineer. 132. Curb Returns: The curb return at Dublin Blvd/Campus Drive shall be a40-foot radius. The Iron Horse Parkway and Martinelli Way northeast return shall be a 50-foot radius. 133. Traffic Signals: The Developer shall install the traffic signal at the Martinelli Way / Campus Drive intersection. The traffic signals shall be interconnected with other adjacent signals within the existing City traffic si nal s stem b hard wire. 134. Traffic Signing and Striping: The Developer shall install all traffic si ns and avement markin for the 25 PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works above roadway improvements to the satisfaction of the City Engineer. Iron Horse Parkway shall maintain two lanes southbound and one northbound lane until the Bart garage is opened. After the Bart garage is opened, the Developer shall change the signing and pavement markings on Iron Horse Parkway to two northbound lanes and one southbound lane. 135. Covenants, Conditions & Restrictions: A PL, ADM, PW Homeowners Association shall be formed by recordation of a declaration of Covenants, Conditions & Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is adequate provisions for the maintenance, in good repair and on a regular basis, of the landscaping, irrigation, fences, gates, walls, drainage, lighting, sign, building exteriors, parking areas, and other improvements. The ApplicantlDeveloper shall submit a copy of the CC&R documents to the City for review and approval pursuant this condition. 136. Construction Traffic and Parking: All construction PW related parking shall be off street in an area provided by the Developer. Construction traffic and parking shall be provided in a manner approved by the City Engineer to minimize im act on Bart atrons. 137. Tentative Map Conditions of Approval: All PW applicable Conditions of Approval for Tentative Map for Tract 7667 shall apply to this Site Development Review. 138. Grading I Sitework Permit: Developer shall obtain a PW Grading / Sitework Permit from the Public Works Department for all grading and private site improvements. The Developer shall provide security to guarantee the grading and improvements, in an amount a roved b the Cit En ineer. 139. Parking Garage Spaces: Garage Parking spaces shall PW be 9 feet wide and 20 feet deep. Up to 35% of the spaces may be compact parking spaces 8 feet by 17 feet. Any parking space next to a wall shall be two additional feet in width. Parking space dimensions shall be clear dimensions free of columns or other obstacles. Wheel stops or concrete curbs shall be provided for all spaces. The drivewa aisle width shall be minimum 24 feet. 140. Parkin Gara e Entrance and Key Access Gates: PW Grading! Sitework Permit Public Works On-going Grading! Sitework Permit Public Works Grading or onsite improvements Public Works Issuance of Building Permits Public Works Grading! Public 26 141. 142. 143. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, In constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and followin ) 144. In the event that there needs to be clarification to these Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have 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 im acts ofthis ro - ect. 145. The Developer shall enter into a Tract Improvement Agreement with the City for all public improvements re uired for the Tract. 146. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and a roval of the Final Ma . (Note: U on acce tance of 27 Sitework Permit PW Issuance of Building Permits PW On-going PW Tract 7667 Final Map PW Improvement Plans PW Tract 7667 Final Map PW Tract 7667 Final Map Works Public Works Public Works Public Works Public Works Public Works Public Works the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the erformance securit .) 147. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an 1m rovement A reement ma not be re uired. 148. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non- City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall a rove and si n the 1m rovement Plans. 149. Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone ill, and U.S. foot. 150. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless otherwise modified b these conditions. 151. All rights-of-way and easement dedications required by the Tentative Map including the Public Service Easement shall be shown on the Final Ma . 152. Any street names assigned to private streets shall be approved pursuant to Municipal Code Chapter 7.08. The approved street names shall be indicated on the Final Ma. 153. The Developer shall obtain abandonment from all applicable public agencies of existing easements and ri ht of wa s that will no Ion er be used. 154. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved Tentative Map and/or Site Development Review, and the City design standards & ordinances. In case of conflict between the soil en ineer's 28 PW As needed PW Tract 7667 Final Map PW Acceptance of Public Improvements PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Grading! Sitework Permit Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works recommendations and City ordinances, the City En ineer shall determine which shall a 1. 155. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. 156. Tiebacks or structural fabric for retaining walls shall not cross property lines unless specifically approved by the Cit En ineer. 157. The public improvements shall be constructed generally as shown on the Tentative Map and/or Site Development Review. However, the approval of the Tentative Map and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street im rovements. 158. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as a roved b the Cit En ineer. 159. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum volta e dro for streetli hts is 5%. 160. The Developer shall construct bus stops and shelters at the locations designated and approved by the LA VT A and the City Engineer. The Developer shall pay the cost of rocurin and installin these im rovements. 161. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, s cifications and re uirements. 162. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each h drant. 163. The Developer shall furnish and install street name signs for the ro"ect to the satisfaction of the Cit En ineer. 164. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utilit a encles. 165. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and rovided within ublic utilit easements and sized 29 PW Grading! Sitework Permit PW Issuance of Building Permits PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Map PW Tract 7667 Final Ma Tract 7667 Final Map PW PW Tract 7667 Final Map Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works to meet utilit com an standards. 166. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape areas and screened from public view. Prior to Joint Trench Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer pnor to construction of the joint trench im rovements. 167. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and su est a ro riate miti ation measures. 168. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise a roved b the Cit En ineer. 169. Developer shall prepare a construction nOlse management plan that identifies measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and s ecifications. 170. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to s ecific re uirements b the Cit En ineer. 171. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 172. The Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed b the Cit En "neer. 173. Prior to any clearing or grading, the Developer shall rovide the Cit evidence that a Notice of Intent (NOI) 30 PW Tract 7667 Final Map PW Through Completion PW Through Completion PW Grading! Sitework Permit PW Grading! Sitework Permit PW Grading! Sitework Permit PW Grading! Sitework Permit PW Grading! Sitework Permit Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works De artment and be ke t at the construction site. 174. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. PW Grading! Sitework Permit Public Works 175. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD olicies. 176. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master lannin . 177. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a um III station. 178. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be 100 ed or interconnected to avoid dead end 31 Issuance of Building Permits DSR Improvement Plans DSR Improvement Plans DSR Improvement Plans Dublin San Ramon Services Distri ct Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services sections in accordance with requirements of the DSRSD Standard S ecifications and sound en ineerin ractice. 179. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or re lacement. 180. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and a roved b DSRSD. 181. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. 182. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 183. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 184. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The a licant shall allow at least 15 workin da s for final 32 DSR Improvement Plans DSR Improvement Plans DSR Improvement Plans DSR Recordation of Final Map DSR Issuance of Building Permits DSR Issuance of Building Permits District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District 32;611 / ... ~/ I ~.~ { improvement drawing reVIew by DSRSD before si nature b the District En ineer. 185. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 9 have been satisfied. 186. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and com letion of the ro-ect. 187. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the re uirements therein. DSR Improvement Plans Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District 188. Potable mains, sewer mains and their appurtenances shall be located in areas accessible for maintenance, repair and servicing at all times per DSRSD Standard Procedures and Specifications. The 8 Inch potable Water main and any related appurtenances located along Iron Horse Parkway shall be moved in order to meet the afore mentioned condition, and Condition 176 (See Above). 189. According to the DSRSD 2005 Urban Water Management Plan and 2000 Water Master Plan sufficient potable water capacity is available to serve the project. Coordination with DSRSD shall be conducted in regards to the installation of new potable water lines to ensure that adequate fire flow demand can be delivered to the ro ert . 33 DSR Issuance of Building Permits DSR Improvement Plans DSR Final Map approval DSR Final Map approval Dublin San Ramon Services District Dublin San Ramon Services District PASSED, APPROVED AND ADOPTED this 17th day of January 2006. :3 ! f'... /' l' '-f " U1 O~ A YES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 34 ORDINANCE NO. - 06 35 c.'Jb / IJ 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 E-! (METROPOLITAN AT DUBLIN STATION) PA 05-042 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 21-02 the City Council rezoned the approximately 91-acre area known as the Dublin 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 E-1. Section 2. FINDINGS AND DETERMINATIONS Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Project, known as Dublin Transit Center Site E-l (Metropolitan at Dublin Station), 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 and ancillary commercial 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. 2. Development of Dublin Transit Center Site E-l (Metropolitan at Dublin Station) 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 ancillary commercial uses, on-site amenities, and affordable units in compliance with Master Development Agreement adopted by Ordinance 5-03 in May 2003. 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: 1. The Stage 2 Development Plan for Dublin Transit Center E-l Metropolitan at Dublin Station) 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 ancillary commercial uses, on-site amenities, and affordable units in compliance with Master Development Agreement adopted by Ordinance 5-03 in May 2003. The land uses and site plan provide effective transitions to surrounding A TT ACHMENT 2 3!..o (:~~b /0:'/ development which is characterized by the proposed vehicular and pedestrian circulation system. 2. The Stage 2 Development Plan for Dublin Transit Center Site E-l (Metropolitan at Dublin Station) 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 residential apartment community with ancillary commercial uses and therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. 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. 4. 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 that allows ancillary commercial use and the various requirements of the Stage 1 Development Plan. Pursuant to the California Environmental Quality Act, the City Council finds as follows: 1. 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 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 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"): 4.1.:t net acres within Lot 1 of Vesting Tentative Tract Map 7667 for PA 05-042 (APN 986-0001- 013-02) of Dublin Transit Center Site E-l at the southeast corner of Dublin Boulevard and Iron Horse Parkway. A vicinity map showing the area for a Stage 2 Development Plan is shown below: 2 A -J C"\ I LoLl c.J I '""0 t 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 E-1 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, which are contained in the Stage 2 PD/SDR booklet dated December 19, 2005 and the Stage 2 Development Plan attached as Exhibit A ("Stage 2 Development Plan"), which are incorporated herein by reference. The Stage 2 PD/SDR booklet is on file in the Dublin Planning Department under project file P A 05-042. 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. 1. Statement of Compatibility with Stage 1 Development Plan. The Dublin Transit Center Site E- 1 (Metropolitan at Dublin Station) 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 that allows ancillary commercial 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. 2. Statement of Permitted Uses. Permitted, conditional, accessory, and temporary uses are allowed as set forth in the Stage 2 Development Plan, pages 2-4. 3. Stage 2 Site Plan. See Stage 2 PDISDR booklet dated December 19, 2005. 4. Site Area, Proposed Densities. For site area, proposed densities, maximum permitted residential units, and maximum non-residential square footages, see Stage 2 Development Plan, pages 4-5. 5. Development Regulations. See Stage 2 Development Plan, page 5. 6. Architectural Standards. See Stage 2 Development Plan, pages 7-8. 3 I 38 00 IU1 7. Preliminary Landscaping Plans. See Stage 2 Development Plan booklet, pages Ll-L5. 8. 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. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of 2006, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4 3~1 ~C) )ui Stage 2 Development Plan Stage 2 Planning Development Zoning District (P A 05-042) Dublin Transit Center Site E-1 Metropolitan at Dublin Station (Portion of APN 986-0001-013-02) This is a Stage 2 Development Plan pursuant to Chapter 8.32, Planned Development Zoning District, of the Dublin Zoning Ordinance for Dublin Transit Center Site E-1, located at the southeast corner of Dublin Boulevard and Iron Horse Parkway. 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 other plans and exhibits prepared by Togawa and Smith Architects, Inc., received by the Planning Division on November 21, 2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21,2005, referred to as Project Plans labeled as Attachment 6 to the January 17, 2005 City Council Agenda Statement, 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, Stage 1 Planned Development Zoning (Dublin Transit Center 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. The Dublin Transit Center Plan states that the land use for this property is Campus Office which allows office (up to 300,000 sq. ft.), high- density residential (with up to 300 dwelling units) and ancillary commercial (up to a maximum of 15,000 sq. ft.). EXHIBIT A PD, Planned Development Zoning Districl PA 05-042 Dublin Transit Center Site E-I Y-O 'J; I i~1 1) . 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) and as shown as follows. Due to the number of available parking spaces on-site, the allowable uses for the site are limited (see Section 9, Parking, for more information). The approved uses for Metropolitan at Dublin Station are as follows: Multi-Familv Uses Accessory Structures and Uses (See below) Community Care Facility/Small Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance) Multi-Family Dwelling Parking Garage Private Recreation Facility (for homeowner's association and/or tenant's use) Small Family Daycare/Home Eating, Drinking and Entertainment Establishments including, but not limited to:* Bagel Shop Cafe Coffee House Delicatessen Ice CreamlY ogurt Micro-Brewery Outdoor Seating Rental/Management Office Restaurant (serving alcohol permitted, full service, sit-down and convenience permitted, drive-thru's are not perrnitetd) Local-Serving Retail Uses including, but not limited to: Art Gallery/Supply Store Auto Parts Bakery Bicycle Shop Book Store Clothing Store Computers/Electronic Equipment DiscountlWarehouse Store Drug Store FloristIPlant Shop Formal Wear SaleslRental Shop Furniture Store General Merchandise Store Gift Shop Hardware Hobby Shop Home Appliances Jewelry Store Liquor Store 2 PD, Planned Development Zoning Dislricl PA 05-042 Dublin Transit Center Site E-I Y\ Db1LOY Music Store Local-Serving Retail Uses including, but not limited to (continued): Newspapers and Magazines Paint, Glass and Wallpaper Store Parking Lot/Garage - Commercial Party Supplies Pet Store and Supplies Photographic Supply Store Picture Framing Shop Shoe Store Specialty Food Store/Grocery/Supermarket - including meat, fish, wine, candy, health food, etc. Specialty Goods - including cooking supplies, housewares, linen, window coverings, china/glassware, etc. Sporting Goods Stationary/Office Supplies Toy Store Variety Store Video Store Local Serving Service Uses including, but not limited to: Automatic Teller Machines (A TM) Bank, Savings and Loan, and other financial institutions Barber/Beauty Shop/Nail Salon Copying and Printing Dry Cleaner (no plant on premises) Laundromat Locksmith Medical Clinic** Photographic Studio Professional Offices, including: accounting, architectural, dental, engineering, legal, medical, optometry, etc. Photographic Studio Real Estateffitle Office Shoe Repair Tailor Technology Access Center Travel Agency Watch and Clock Repair * Eating and Drinking Establishments (including convenience, full service and sit down) are limited to a maximum of 6,000 sq. ft. unless the applicant prepares a Parking Study which exhibits that additional Eating and Drinking Establishments may be added above the 6,000 sq. ft. limit subject to the review and approval of the Community Development Director. ** These facilities/uses are limited based on available parking 3 PD. Planned Developmenl Zoning Districl PA 05-042 Dnblin Transil Center Site E-I "7 DlJll...CY ....<" 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) and are as follows: Conditional Uses (the following would need to be approved by the Planning Commission): Bar Community Care Facility/Large Day Care Center** Hospital/Medical Center Nightclub Religious Facility** School/Private** * Eating and Drinking Establishments (including convenience, full service and sit down) are limited to a maximum of 6,000 sq. ft. ** These facilities/uses are limited based on available parking 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) and are as follows: Temporary Uses: Sales Office/Model Home Complex/Rental Office Temporary Construction Trailer 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) and the Dublin Zoning Ordinance. 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 Site Area: Density: Number of Units: Unit Types: :t4.1 acres (net) 73.1 dwelling units per acre (net) 300 dwelling units One Bedroom: 18 units 4 PD, Planned Development Zoning District PA 05-042 Dublin Transit Cenler Site E-I t.43 Db I lOLl Two Bedroom: Three Bedroom: 236 units 46 units 1 Bedroom Flat + Mezzanine 15 1 Bedroom Flat + Stoo 3 2 Bedroom Flat 182 2 Bedroom Flat + Mezzanine 13 2 Bedroom Flat + Stoop 11 2 Bedroom Town House 30 3 Bedroom Flat 40 3 Bedroom Flat + Mezzanine 6 Total: 300 1 1 2 2 2 2 2 2 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 and comparable Commercial Zoning Districts. Lot Area: ,t4.1 acres (net) Lot Dimensions: Lot Width: Lot De th: Setbacks: 289'9" feet 602'5" feet 10 feet (varies) o feet (none re uired) 16 feet o feet (none re uired) alon Dublin Boulevard alon Iron Horse Parkwa alon Dublin Boulevard alon Iron Horse Parkway alon Martinelli Way alon Cam us Drive Hei ht Limits: Residential/Commercial 7 stories Structures 65 feet Alon Martinelli Wa Re uired Parkin :* Residential 450 Guest Parking 66 Retail 30 Eating and Drinking 60 spaces Establishment Total Parkin re uired 606 s aces Lot Covera e: 84% *Refer to the section below for discussion on parking requirements. 5 'PD. Planned Development Zoning Districl P A 05-042 Dublin Transit Center Site E-I 4L\. D' I(C~ o 9. Parking/Garage and Loading A total of 734 parking stalls, either in the parking structure or on the street will be provided with the project. The number of residential parking stalls provided will exceed the requirement for the site by 128 (the Dublin Transit Center Plan requires 1.5 parking stalls for each dwelling unit), however, these stalls will be provided for residents of the condominiums. A total of 708 parking stalls will be provided in the parking garage. The parking garage can be accessed from Iron Horse Parkway and Campus Drive. Parking for residents will be located behind a gate which will require a remote to open. Retail parking is located on the south side of the garage. A total of 95 parking stalls and 22 guest parking stalls are located in this area. This portion of the parking garage may be accessed from Iron Horse Parkway and Campus Drive. Two pedestrian pathways are also included in the project which provide pedestrian access from Iron Horse Parkway and Martinelli Way. A total of 26 parking stalls will be provided on Iron Horse Parkway and Campus Drive which can be used for short term guest, resident or retail parking. Parking along these streets are limited to a maximum of two hours. Signage will be posted which alerts motorists of the parking limits. Loading for large trucks will be provided along Martinelli Way. The Dublin Transit Center Plan required 1.5 parking spaces per dwelling unit and did not discuss whether or not guest parking was included in that figure. Parking studies were later conducted which recommended that guest parking equal 15% of the total required number of parking stalls in the Transit Center. A total of 44 guest parking stalls will be provided which is a deficit of 22 stalls over what is required (66). The Applicant has requested a 25% shared parking credit which would allow the Applicant to combine retail and guest parking on the south side of the parking garage (which will result in a deficit of 22 parking stalls). Based on recommendations from a parking analysis conducted for the project (see Omni-Means Focused Parking Analysis dated November 9, 2005), the provided parking will meet retail and guest parking demands for the property as long as the parking stalls along Iron Horse Parkway and Campus Drive are reserved for short term parking. Based on the parking provided, retail uses will be limited based on the availability of parking, Retail parking requirements are located in Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance. Parking requirements for Metropolitan at Dublin Station are as follows: 6 PD, Planned Developmenl Zoning District P A 05-042 Dublin Transit Cenler Sile E-I .- y '::> lY~ .~.,/' , \ \ I Medical Office (Health Services/Clinics) 11 per 150 sq. ft. Based on available retail parking, Eating and Drinking Establishments are limited to no more than 6,000 sq. ft. Outdoor seating may be provided based on the number of available parking spaces. The table below illustrates the maximum floor area allowed per use and the number of parking stalls provided. ',"". .....: '. -,.~ Eating and Drinking 6;000 sq. ft. 60 60 Establishments Retail 9,000 SQ. ft. 30* 30 *Assumes General Retail use which requires 1 parking stall per 300 sq. ft. offloor area. The actual number of required parking stalls varies as shown on the table on the previous page. Parking/Garage and Loading shall be provided in accordance with the Chapter 8.76, Off- Street Parking Regulations, of the Dublin Zoning Ordinance, except as stated herein and as shown otherwise on the plans and exhibits prepared by Togawa and Smith, Architects, Inc., received by the Planning Division on November 21, 2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21, 2005, referred to as Project Plans labeled Exhibit _ to the January 13,2006 City Council Staff Report, stamped approved and on file in the Planning Department. 10. Site Plan and Architecture This Development Plan applies to approximately :!:4.1 net acres on the southeast corner of Dublin Boulevard and Iron Horse Parkway. The property is located between Iron Horse Parkway and Campus Drive on the West and East sides of the property and Dublin Boulevard and Martinelli Way on the North and South sides of the property. Residential and retail units will be located on site. The following is a synopsis of the proposed project: Residential: A total of 300 units would be constructed in two buildings. The overall architectural style of the project is Mediterranean with modem influences. Building Number 1 will be constructed along Martinelli Way, Iron Horse Parkway and Campus Drive and will have a total of 145 dwelling units plus ground floor retail. This building is 65' in height above grade and has six floors of residential units above ground floor retail (along Martinelli Way and Iron Horse Parkway) for a total of 7 stories. On the Campus Drive elevation, there are seven floors of residential units. Building Number 2 will front Dublin Boulevard, Iron Horse Parkway and Campus Drive. This building will have 155 dwelling units and is 50' in height above grade. The building will be five stories of residential units (the ground floor along Dublin Boulevard will be parking). Balconies are located on each of the elevations in the project. Access from ground floor units to the street has been provided on Campus Drive and Iron Horse Parkway to promote use of the surrounding streets. Each of the two buildings are centered around a courtyard which features attractive plantings and walkways. Courtyard A has a pool and spa and Courtyard B has a spa 7 PO, Planned Development Zoning Districl PA 05-042 Dublin Transil Center Sile E-I 4lJ2 00 lLeY which can be used by all residents. Both courtyards will connect for easy access to each side of the property. A recreation room and exercise room for use by all residents is located on the ground floor in the parking garage. The areas may be accessed via the elevators or stairs. Ancillarv Commercial: Approximately 15,000 square feet of ancillary, neighborhood- serving commercial uses are allowed for development at the ground level along Iron Horse Parkway and Martinelli Way. Retail has been provided In Building Number 1 and includes 9,000 sq. ft. of general retail uses and 6,000 sq. ft. of eating and drinking establishments. Residents will have access to the retail via the elevators which are located throughout the parking structure and via the street. Two pedestrian paths are also located through the retail areas along Iron Horse Parkway and Martinelli Way which provide access to the sidewalk along these streets. The retail area includes signage and awnings which promote visual interest along the street. ' Parking Structure: The parking structure is located underneath the buildings and in the center of the buildings. The lower parking level will be a subterranean level. The ground floor level will be located beneath the courtyards and will only be visible along Dublin Boulevard. Resident parking is located on both levels while retail and guest parking is located on the ground floor. Access to the parking structure is located off of Campus Drive and Iron Horse Parkway. The site layout and architectural design of this project will be consistent with the urban lifestyle and character of mixed uses planned for the Dublin Transit Center. The detailing of the retail storefronts, townhouse stoops, and urban landscape will enhance the pedestrian scale of this area. The architecture of the buildings is in the "Mediterranean" style with modern influences which can be seen in some of the details on the buildings. Each building will have its own architectural style to promote uniqueness and architectural diversity on the site. While the buildings are not exact replicas of each other, certain architectural elements are replicated on each of the building. Details including roof forms, colors, materials, form, massing, balcony design and window design are similar on each of the buildings. While there are differences in the two designs, the overall designs compliment each other. The two different building designs will promote visual interest along the street and through out the project. See attached plans and building elevations prepared by Togawa and Smith Architects, Inc. labeled Exhibit A received by the Planning Division on November 21,2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21, 2005, referred to as Project Plans labeled Exhibit A to the January 13, 2006 City Council Staff Report, stamped approved and on file in the Planning Department. 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 The landscape plan reinforces the urban design intent by creating a pedestrian oriented perimeter with generous sidewalks, street tree planting, and enhanced paving patterns at key elements. On the corner of Dublin Boulevard and Iron Horse Parkway, the corner has been designed to include an opportunity for public art with attractive landscape materials. 8 PD, Planned Developmenl Zoning District PA 05-042 Dnblin Transil Center Sile E-l Y7 Db fLoi..\ In order to soften the height of the building and promote visual interest along the street, large shrubs, trees and colorful plants will be provided. These plants include redwood trees, camellias, India Hawthorn, ferns and other materials. The variety of plant materials will also screen the ground floor of the building (where parking is visible). See the Section on Sheet L4 of the project plans to see a sketch of the proposed landscaping along Dublin Boulevard. A double row of trees will be located on all streets which will conform to the requirements of the Dublin Transit Center Plan. Accent planting will be located at the entrance to the parking garage off of Iron Horse Parkway. The planting will include small plants as well as accent trees in addition to the accent paving. The courtyard will also feature attractive plant materials. The materials will be a mix trees, shrubs, accent shrubs and groundcover. See plans (Sheets L-l through L-5) prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21,2005, referred to as Project Plans labeled Exhibit A to the January 13, 2006 City Council Staff Report, stamped approved and on file in the Planning Department. 12. Compliance with Stage 2 Planned Development Plans The project shall substantially comply with the project plans and exhibits prepared by Togawa and Smith Architects Inc, received by the Planning Division on November 21,2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21,2005, referred to as Project Plans labeled Exhibit A to the January 13, 2006 City Council Staff Report, stamped approved and on file in the Planning Department. Such project plans are incorporated by reference. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 9 ORDINANCE NO. _-06 L/Sblw'( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN TRANSIT CENTER SITE E-1 PA-05-042 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Dublin Transit Center Site E-l ("Project") is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area, which is designated on the General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as High Density Residential, Campus Office and Public/Semi Public land uses. B. Pursuant to the California Environmental Quality Act (CEQA), this Project is exempt from CEQA pursuant to Government Code Section 65457 which exempts residential projects that are consistent with a specific plan from further environmental review. Additionally, 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 and Tentative Parcel Map and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. Furthermore, there are no supplemental impacts that would require preparation of a Supplemental Environmental Impact Report. C. A public hearing on the proposed Development Agreement was held before the Planning Commission on December 13, 2005, for which public notice was given as provided by law. D. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement. F. A public hearing on the proposed Development Agreement was held before the City Council on January 17,2006 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at its December 13, 2005 meeting, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the EIR, (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Project is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use designation for the site are High Density Residential, Campus Office and Public/Semi Public Land Uses and the proposed project is a project consistent with that land use, (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services, (c) the project is consistent with the Stage 1 Planned Development Zoning adopted by the City Council for the Dublin A TT ACHMENT 3 ye, 00 \Lc'-\ Transit Center and (d) the D.R. Horton Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The D.R. Horton Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the project approvals include a Stage 2 Planned Development Rezoning for Site E-l of the Dublin Transit Center, Vesting Tentative Map, and Site Development Review. 3. The D.R. Horton Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Dublin Transit Center will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential, commercial, parks, public and semi-public, open space and campus office uses at this location. 4. The D.R. Horton 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 D.R. Horton 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. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of 2006, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ~o 00 It.\'\ RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESTERN PACIFIC HOUSING, INC. FOR THE DUBLIN TRANSIT CENTER SITE E-1 PROJECT I EXHIBIT A k\ ~ \ \ -' -'u I i,C" THIS DEVELOPMENT AGREEMENT is made and entered in the City of Dublin on this 17th day of January, 2006, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "CITY") and WESTERN PACIFIC HOUSING, Inc., a Delaware corporation, doing business as D.R. HORTON (hereafter "DEVELOPER") pursuant to the authority of 99 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 9965864 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 certain real property known generally as "Transit Center Site E-1" and consisting of approximately 4.1 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, and a master tentative map to create master parcels for development ("the Transit Center Approvals"). E. In conjunction with the Transit Center Approvals, CITY and COUNTY entered into a certain Master Development Agreement for the Dublin Transit Center, dated May 6,2003 ("the Master Development Agreement"). It sets forth certain obligations of the property owner and subsequent purchasers of property within the Transit Center Property, and those obligations include a requirement that each individual project within the Transit Center Project enter into a development agreement with the City. F. Among other things, the Transit Center Approvals allow DEVELOPER to propose development of up to 300 additional residential units on Transit Center Site E-1 although the Property is designated "Campus Office" under the Eastern Dublin Specific Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 1 of 15 January 17, 2006 52. 00 llo'-\ Plan (known as Site D-1 and E-1). G. On October 4,2005, the City Council approved an amendment to the Master Development Agreement that sets forth the affordable housing obligations of the Transit Center Project in the event that the 300 additional residential units are constructed within the Transit Center. H. Consistent with the terms of the Transit Center Approvals, DEVELOPER proposes the development of the Property with 300 condominiums and approximately 15,000 square feet of ground floor retail (the "Project"). I. 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 Stage 2 Development Plan (Ord. No. ); Site Development Review (City Council Resolution No. ); and a vesting tentative parcel map (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." J. 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. K. Project. CITY desires the timely, efficient, orderly and proper development of the L. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. M. 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. N. Pursuant to the California Environmental Quality Act (CEQA) the City Council adopted Resolution No. 02-05 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 O. On , 2006, 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 , 20)) ("the Approval Date"). Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 2 of 15 January 17, 2006 ~3 ':;-j \' NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER agree as follows: AGREEMENT 1. Description of Property. The Property which is the subject of this Development Agreement is described in Exhibit A attached hereto ("Property"). 2. Interest of Developer. 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 between the COUNTY and DEVELOPER is terminated for any reason (and upon DEVELOPER's providing satisfactory of evidence of such fact to CITY). 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 Riqht to Develop. DEVELOPER shall have the vested right Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 3 of 15 January 17, 2006 b~ 0"\ 1 LoL\ () 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. 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 Subseauent 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 Mitiqation 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 Phasinq, Timina. 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 Financina 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 4 of 15 January 17, 2006 ,-- ())..... I' ,I :::)8 '- tJ cr' 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 6. Applicable Rules, Requlations 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 Approval Date. 6.2 Rules re Desiqn 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 Buildinq 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. Subsequentlv Enacted Rules and Requlations. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 5 of 15 January 17, 2006 ':)(Q ob IleY 7.1 New Rules and Reoulations. 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. 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 Riohts Under Vestino 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. Subseouentlv Enacted or Revised Fees. Assessments 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 ~). 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 S, subparagraph 5.3.5). Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 6 of 15 January 17, 2006 , ;.~ 7 (')- \ ",1,'-.: "'I ~ "0 ',- 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. 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 accordance with this Agreement. 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 bv 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 7 of 15 January 17, 2006 !:) ?3, U'J J lO Y 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 this Agreement prior to the date of cancellation shall be retained by CITY. 10. Term of Proiect 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, 2006 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 8 of 15 January 17, 2006 5q 0'6 I iJ;LI 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 diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3 No Damaqes Aqainst 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. Mortqaqee Protection; Certain Riqhts of Cure. 14.1 Mortqaqee 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 Mortqaqee Not Obliqated. 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 9 of 15 January 17, 2006 00 Db / L/ 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. 14.3 Notice of Default to Mortqaqee 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. Severabilitv. 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. Attornevs' 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 Assiqnments. 17.1 DEVELOPER's Riqht to Assiqn. 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 10 of 15 January 17, 2006 (QIDbllo~ 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 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 Riqht to Retain Specified Riqhts 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. Aqreement 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 11 of 15 January 17, 2006 , ''>. 7 (1.'.. ..,. / I (" L/ ~ :".-# .- (:) ......v Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 19. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 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 Propertv Damaqe 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 12 of 15 January 17, 2006 (P?J 0D J (c ~ as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 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: Western Pacific Housing, Inc., doing business as D.R. Horton 6658 Owens Drive Pleasanton, Ca 94588 Attn: President A party may change address by giving notice in writing to the other party and thereafter Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 13 of 15 January 17, 2006 , loLr 1)0 J ,) <~.. all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. Recitals. hereof. The foregoing Recitals are true and correct and are made a part 25. Aqreement is Entire Understandinq. of the parties. This Agreement constitutes the entire understanding and agreement 26. 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. 29. Leqal Authority. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that has full power and authority under the entity's governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 Page 14 of 15 January 17,2006 CITY OF DUBLIN: By: Mayor Date: Attest: By: City Clerk Date: Approved as to Form: Ed Galigher Its: Vice President Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196,2 'J) S-Ob / iY '-) Page 15 of 15 January 17, 2006 {a (Q '0 J /.[; lo' P Exhibit A roperty Description 07 ~I) IlO~ Exhibit B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. Subpara~raph 5.3.1 -- Subseauent Discretionary Approvals None Subparaaraph 5.3.2 - Mitiaation Conditions Subsection a. Infrastructure Seauencina Proaram The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: The project-specific roadway improvements (and offers of dedication) identified in Planning Commission Resolution No. 05-_ approving Vesting Tentative Tract Map 7667 ("the VTM Resolution") and City Council Resolution No. 06-_ 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 VTM Resolution and SDR Resolution unless otherwise provided below. (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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196,2 Page 1 of 5 January 17, 2006 u/Z (Jb /0 ~ !.h1 Storm Drainaae 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. (v) Other Utilities (e.a. Qas, 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 Mav 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. Subparaaraph 5.3.3 -- PhasinQ. TiminQ 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. SubparaQraph 5.3.4 -- FinancinQ 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196,2 Page 2 of 5 January 17,2006 () . I (f) 7 06 / Lr "f 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. Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF") established by Resolution No. 111-04, 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. Developer further agrees that it will pay eleven percent (11 %) of the "Section 1/Category 1" portion of the TIF in cash. Developer also agrees that it will pay twenty-five percent 25% 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 less than 25% of total Section 2/Category 2 improvements, the Developer shall pay such reduced percentage of the "Section 2/Category 2" portion of the TIF in cash. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freewav InterchanQes. 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196,2 Page 3 of 5 January 17, 2006 7'0 (), / (y ~ o Subsection d. Noise Mitiaation 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. 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 a. Tri-Vallev Transportation 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. SubparaQraph 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 then-current Administrative Guidelines regarding credits. Subsection b. Traffic Impact Fee RiQht-of-Wav 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 then-current Administrative Guidelines regarding credits. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196,2 Page 4 of 5 January 17, 2006 I I oD lLo !~i SubparaClraph 5.3.7 -- Miscellaneous Subsection a. Maintenance of Street LiClhtinQ 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. 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 Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196,2 Page 5 of 5 January 17, 2006 RESOLUTION NO. 05-67 '2~6/W~. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF STAGE 2 PLANNED DEVELOPMENT ZONING FOR DUBLIN TRANSIT CENTER SITE E-1 (METROPOLITAN AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0001-013-02) P A 05-042 WHEREAS, the Applicant, D.R. Horton Inc., has requested approval of Stage 2 Planned Development Zoning for PA 05-042, Dublin Transit Center Site E-l, for the construction of a 300-unit condominium complex with :!::15,000 square feet of retail on approximately :!::4.1 acres ofland, located on Site E-I of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southeast corner of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, the Applicant has submitted a complete application for Stage 2 Planned Development Zoning for the construction of a 300-unit condominium complex with 2:15,000 square feet of retail which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans in conjunction with the requested entitlement prepared by Togawa and Smith Architects, Inc. received by the Planning Division on November 21,2005 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 (EIR) 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 December 13, 2005; 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 ATTACHMENT Y- 7375b I LeY WHEREAS, the Planning Commission did hold a public hearing on said project application on December 13, 2005; and WHEREAS, the Planning Commission did use its 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 Stage 2 Planned Development Zoning: A. The proposed amendment will be harmonious and compatible with existing and potential development in surrounding areas because: I) the proposed development is consistent with the approved development for this property as approved under the Stage 1 Planned Development Zoning; 2) the proposed project is compatible with the surrounding area which is comprised of residential and commercial development; 3) the mixed-use development will be compatible with the approved adjacent Avalon Bay development because the development consists of apartment units and retail; 4) as designed, the architecture of the building including roof forms, colors and materials is compatible with the roof forms, colors and materials of the existing and approved buildings in the vicinity; 5) as shown on the Landscape Plans, the proposed landscaping is compatible with the existing and approved landscaping in the area including landscaping along Dublin Boulevard and street trees which conform to the requirements of the Dublin Transit Center Plan. B. The subject site is physically suitable for the type and intensity of the zoning district being proposed because: I) the Stage 1 Planned Development Zoning identified this property as having the potential to be developed with office, housing and/or retail and the proposed project will have a mix of retail and residential units which will conform to the approved land use for the property; 2) the proposed development will result in a density of 73.1 dwelling units per acre which is compatible with densities in the surrounding neighborhood; 3) the proposed density and height of the buildings (five and seven stories) will be compatible with the height of buildings in the surrounding area and will be compatible with the site which is located near the Dublin/Pleasanton BART station and a higher density is warranted to encourage use of the station and to take advantage of the close proximity to the public transit center; and 4) the proposed lot coverage of 84% is compatible with the approved and future Dublin Transit Center developments. 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 because: 1) the proposed project will result in a mixed-use development with condominium units and ground floor retail and is compatible with existing and future development in the area as identified in the Dublin Transit Center Plan; 2) the site layout and design of the proposed buildings (project site) is compatible with the site layout and design of buildings in the neighborhood; and 3) as conditioned, the buildings will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and the Stage 1 Planned Development Zoning (Dublin Transit Center Plan) because: I) the proposed 300 condominium units and 15,000 sq. ft. of ground floor retail are compatible with the 2 7Y (yo i LJ approved uses for the site; 2) the overall design of the project is consistent with the design requirements discussed in the Dublin Transit Center Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan because the Plan states that the Transit Center area should have a mix of uses and should have a pedestrian friendly environment which the proposed project achieve through a mix of retail and residential uses and through the design of the building, site layout and landscaping which together promote the use of the street and create a more pedestrian friendly environment; 4) the proposed project includes ground floor retail along Iron Horse Parkway and Martinelli Way to serve the residents and employees in the area which is consistent with the goals of the Eastern Dublin Specific Plan which encourages retail on Iron Horse Parkway to add vitality to the street and to serve the needs of residents and employees in the neighborhood; 5) the proposed development is compatible with the General Plan Land Use designation of Mixed- Use which allows for a combination of high density residential and retail uses which the development will achieve; 6) the proposed project is compatible with the General Plan Implementing Policy 2.1.1.B which encourages high density residential projects where higher density is compatible with the surrounding uses and the density of the project is compatible with surrounding developments and a higher density in this case is warranted due to the location of the BART station which is less than one quarter of a mile from the property; and 7) the proposed project meets the intent of the Dublin General Plan which discourages projects which do not relate well to the surrounding developments and the proposed project is compatible with the neighborhood which includes office, high density residential and retail uses including mixed-use developments which are located across the street from and adjacent to (future) the property. 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 because: 1) the project is consistent with Section 8.32.010.B of the Dublin Zoning Ordinance because the property has a mix of retail and residential uses; 2) as discussed above, the proposed project is compatible with the Dublin Transit Center Plan and the General Plan as required by Section 8.32.010.C of the Dublin Zoning Ordinance; 3) the site layout, architecture and landscaping is well designed in and of itself and with respect to the surrounding neighborhood which meets the requirements of Section 8.32.010.D and 8.32.010.F; and 4) the proposed development will be attractively designed and has architectural elements that are consistent with architectural elements found on buildings in the neighborhood and will also have a unique design which will promote visual interest on the street as required by Section 8.32.010.H. F. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) the proposed project is a mix of resident and employee serving retail and high density residential which is compatible with the approved developments in the area which have high density residential and retail uses; 2) the approved uses for the property as listed in the Stage 2 Development Plan are compatible with the approved uses in the vicinity and the approved uses listed in the Stage 1 Planning Development Zoning; 3) the proposed project is compatible with anticipated future developments in the area as identified in the Stage I Planned Development Zoning; 4) the proposed shared parking credit of 25% to share retail and residential parking stalls in the parking garage is compatible with the area because the shared parking credit has been determined to be warranted in the November 9, 2005 Focused Parking Analysis; 5) future retail uses will be limited based on the available number of parking stalls located in the parking garage; 6) based on parking concerns, eating and drinking establishments, as conditioned, will be limited to no more than 6,000 sq. ft.; 7) as conditioned future retail establishments will be reviewed with respect to the number of available off-street 3 75" i5r.. Jlo ~ G.I parking stalls and parking requirements as established by Chapter 8.621, Off-Street Parking and Loading Regulations, of the Dublin Zoning Ordinance; 8) the shared parking credit is warranted based on the anticipated time of use of the stalls by guests or retail users and due to the 26 parking stalls located on Iron Horse Parkway and Campus Drive which will be available for short term parking (two hours maximum) for guests, retail users and residents; 9) the design of the building which includes Mediterranean and modern design features will be compatible with developments in the neighborhood which have a Mediterranean or modern design or a mix of the two elements; 10) the architecture of the building includes tower elements, stucco and stone materials, earth tone colors, window design, roof pitch, extensive use of glass in the retail portion of the property are compatible with common architectural elements found in the area; and II) the project includes many pedestrian friendly elements which include attractive paving, ground floor retail, street trees, awnings and units with street access which is compatible with the proposed design of the area, as discussed in the Dublin Transit Center Plan, and is compatible with the design of the approved developments in the 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 P A 05-042 Dublin Transit Center Site E-l (Metropolitan at Dublin Station). PASSED, APPROVED AND ADOPTED this 13th day of December 2005. AYES: Chair Schaub and Commissioners Biddle, Fasulkey, Wehrenberg NOES: Commissioner King ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:\PA#\2005\05-042 Transit Center Sile E-I\PC - Resos and Report\PC Reso PD to CC Site E-I,DOC 4 7re 06 /co L/ Stage 2 Development Plan Stage 2 Planning Development Zoning District (PA 05-042) Dublin Transit Center Site E-1 Metropolitan at Dublin Station (Portion of APN 986-0001-013-02) This is a Stage 2 Development Plan pursuant to Chapter 8.32, Planned Development Zoning District, of the Dublin Zoning Ordinance for Dublin Transit Center Site E-1, located at the southeast corner of Dublin Boulevard and Iron Horse Parkway. 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 other plans and exhibits prepared by Togawa and Smith Architects, Inc., received by the Planning Division on November 21, 2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21,2005, referred to as Project Plans labeled as Attachment 6 to the January 17, 2005 City Council Agenda Statement, 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, Stage 1 Planned Development Zoning (Dublin Transit Center 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. The Dublin Transit Center Plan states that the land use for this property is Campus Office which allows office (up to 300,000 sq. ft.), high- density residential (with up to 300 dwelling units) and ancillary commercial (up to a maximum of 15,000 sq. ft.). EXHIBIT A PD. Planned Developmenl Zoning Districl PA 05-042 Dublin Transit Cenler Site E-] 7 7" "'" i I ! (' L./ (.)0 I\... 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) and as shown as follows. Due to the number of available parking spaces on-site, the allowable uses for the site are limited (see Section 9, Parking, for more information). The approved uses for Metropolitan at Dublin Station are as follows: Multi-Familv Uses Accessory Structures and Uses (See below) Community Care Facility/Small Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance) Multi-Family Dwelling Parking Garage Private Recreation Facility (for homeowner's association and/or tenant's use) Small Family Daycare/Home Eating, Drinking and Entertainment Establishments including, but not limited to:* Bagel Shop Cafe Coffee House Delicatessen Ice CrearnlY ogurt Micro-Brewery Outdoor Seating Rental/Management Office Restaurant (serving alcohol permitted, full service, sit-down and convenience permitted, drive-thru's are not permitetd) Local-Serving Retail Uses including, but not limited to: Art Gallery/Supply Store Auto Parts Bakery Bicycle Shop Book Store Clothing Store Computers/Electronic Equipment DiscountlWarehouse Store Drug Store Florist/Plant Shop Formal Wear Sales/Rental Shop Furniture Store General Merchandise Store Gift Shop Hardware Hobby Shop Home Appliances Jewelry Store Liquor Store 2 PD. Planned Developmenl Zoning District PA 05-042 Dublin Transil Center Site E-I 7f);y, f(~ll o '-0 'c 1 Music Store Local-Serving Retail Uses including, but not limited to (continued): Newspapers and Magazines Paint, Glass and Wallpaper Store Parking Lot/Garage - Commercial Party Supplies Pet Store and Supplies Photographic Supply Store Picture Framing Shop Shoe Store Specialty Food Store/Grocery/Supermarket - including meat, fish, wine, candy, health food, etc. Specialty Goods - including cooking supplies, housewares, linen, window coverings, china/glassware, etc. Sporting Goods Stationary/Office Supplies Toy Store Variety Store Video Store Local Serving Service Uses including, but not limited to: Automatic Teller Machines (A TM) Bank, Savings and Loan, and other financial institutions Barber/Beauty Shop/Nail Salon Copying and Printing Dry Cleaner (no plant on premises) Laundromat Locksmith Medical Clinic** Photographic Studio Professional Offices, including: accounting, architectural, dental, engineering, legal, medical, optometry, etc. Photographic Studio Real Estateffitle Office Shoe Repair Tailor Technology Access Center Travel Agency Watch and Clock Repair * Eating and Drinking Establishments (including convenience, full service and sit down) are limited to a maximum of 6,000 sq. ft. unless the applicant prepares a Parking Study which exhibits that additional Eating and Drinking Establishments may be added above the 6,000 sq. ft. limit subject to the review and approval of the Community Development Director. ** These facilities/uses are limited based on available parking 3 PD, Planned Developmenl Zoning Districl PA 05-042 Dublin Transil Center Site E-I 7C! ()2> /Lr \-1 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) and are as follows: Conditional Uses (the followinf]: would need to be approved by the Planning Commission): Bar Community Care Facility/Large Day Care Center** Hospital/Medical Center Nightclub Religious Facility** School/Private** * Eating and Drinking Establishments (including convenience, full service and sit down) are limited to a maximum of 6,000 sq. ft. ** These facilities/uses are limited based on available parking 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) and are as follows: Temporary Uses: Sales Office/Model Home Complex/Rental Office Temporary Construction Trailer 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) and the Dublin Zoning Ordinance. 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 Site Area: Density: Number of Units: Unit Types: :t4.1 acres (net) 73.1 dwelling units per acre (net) 300 dwelling units One Bedroom: 18 units 4 PO, Planned Development Zoning District PA 05-042 Dublin Transit Center Site E-I Two Bedroom: Three Bedroom: '6' 1) -,.,--. I i ,-, ',--I '''I... '...,v -:) 236 units 46 units 1 Bedroom Flat + Mezzanine 1 Bedroom Flat + Stoo 2 Bedroom Flat 2 Bedroom Flat + Mezzanine 2 Bedroom Flat + Stoop 2 Bedroom Town House 3 Bedroom Flat 3 Bedroom Flat + Mezzanine Total: 8. Development Regulations 15 3 182 13 11 30 40 6 300 1,048 S . Ft. 800 S . Ft. 1,048 - 1,594 Sq. Ft. 1,170 - 1,196 S . Ft. 1,048 - 1,594 Sq. Ft. 1,391 S . Ft. 1,317 -1,378 S . Ft. 1,432 - 1,534 s . ft. 1 1 2 2 2 2 2 2 Unless otherwise stated below, all development regulations in this Stage 2 Planned Development Zoning District are subject to the requirements of the R-M and comparable Commercial Zoning Districts. :t4.1 acres (net) Lot Dimensions: Lot Width: Lot De th: Setbacks: 289'9" feet 602'5" feet 10 feet (varies) o feet (none re uired) 16 feet o feet (none re uired) along Dublin Boulevard alon Iron Horse Parkway along Dublin Boulevard alon Iron Horse Parkwa alon Martinelli Wa alon Cam us Drive Hei ht Limits: Residential/Commercial 7 stories Structures 65 feet Alon Martinelli Wa Re uired Parkin :* Residential 450 Guest Parkin 66 Retail 30 Eating and Drinking 60 spaces Establishment Total Parkin re uired 606 s aces Lot Covera e: 84% *Refer to the section below for discussion on parking requirements. 5 PD, Planned Development Zoning District P A 05-042 Dublin Transit Center Site E-I ~ I BbJLcL1 9. Parking/Garage and Loading A total of 734 parking stalls, either in the parking structure or on the street will be provided with the project. The number of residential parking stalls provided will exceed the requirement for the site by 128 (the Dublin Transit Center Plan requires 1.5 parking stalls for each dwelling unit), however, these stalls will be provided for residents of the condominiums. A total of 708 parking stalls will be provided in the parking garage. The parking garage can be accessed from Iron Horse Parkway and Campus Drive. Parking for residents will be located behind a gate which will require a remote to open. Retail parking is located on the south side of the garage. A total of 95 parking stalls and 22 guest parking stalls are located in this area. This portion of the parking garage may be accessed from Iron Horse Parkway and Campus Drive. Two pedestrian pathways are also included in the project which provide pedestrian access from Iron Horse Parkway and Martinelli Way. A total of 26 parking stalls will be provided on Iron Horse Parkway and Campus Drive which can be used for short term guest, resident or retail parking. Parking along these streets are limited to a maximum of two hours. Signage will be posted which alerts motorists of the parking limits. Loading for large trucks will be provided along Martinelli Way. The Dublin Transit Center Plan required 1.5 parking spaces per dwelling unit and did not discuss whether or not guest parking was included in that figure. Parking studies were later conducted which recommended that guest parking equal 15% of the total required number of parking stalls in the Transit Center. A total of 44 guest parking stalls will be provided which is a deficit of 22 stalls over what is required (66). The Applicant has requested a 25% shared parking credit which would allow the Applicant to combine retail and guest parking on the south side of the parking garage (which will result in a deficit of 22 parking stalls). Based on recommendations from a parking analysis conducted for the project (see Omni-Means Focused Parking Analysis dated November 9, 2005), the provided parking will meet retail and guest parking demands for the property as long as the parking stalls along Iron Horse Parkway and Campus Drive are reserved for short term parking. Based on the parking provided, retail uses will be limited based on the availability of parking, Retail parking requirements are located in Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance. Parking requirements for Metropolitan at Dublin Station are as follows: 6 PO, Planned Development Zoning District P A 05-042 Dublin Transil Center Site E-I -2, 2.. 06 I Lr L/ I Medical Office (Health Services/Clinics) 11 per 150 sq. ft. Based on available retail parking, Eating and Drinking Establishments are limited to no more than 6,000 sq. ft. Outdoor seating may be provided based on the number of available parking spaces. The table below illustrates the maximum floor area allowed per use and the number of parking stalls provided. Eating and 60 60 Establishments Retail 9,000 s . ft. 30* 30 *Assumes General Retail use which requires 1 parking stall per 300 sq. ft. offloor area. The actual number of required parking stalls varies as shown on the table on the previous page. Parking/Garage and Loading shall be provided in accordance with the Chapter 8.76, Off- Street Parking Regulations, of the Dublin Zoning Ordinance, except as stated herein and as shown otherwise on the plans and exhibits prepared by Togawa and Smith, Architects, Inc., received by the Planning Division on November 21,2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21, 2005, referred to as Project Plans labeled Exhibit _ to the January 13,2006 City Council Staff Report, stamped approved and on file in the Planning Department. 10. Site Plan and Architecture This Development Plan applies to approximately :t4.1 net acres on the southeast corner of Dublin Boulevard and Iron Horse Parkway. The property is located between Iron Horse Parkway and Campus Drive on the West and East sides of the property and Dublin Boulevard and Martinelli Way on the North and South sides of the property. Residential and retail units will be located on site. The following is a synopsis of the proposed project: Residential: A total of 300 units would be constructed in two buildings. The overall architectural style of the project is Mediterranean with modern influences. Building Number 1 will be constructed along Martinelli Way, Iron Horse Parkway and Campus Drive and will have a total of 145 dwelling units plus ground floor retail. This building is 65' in height above grade and has six floors of residential units above ground floor retail (along Martinelli Way and Iron Horse Parkway) for a total of 7 stories. On the Campus Drive elevation, there are seven floors of residential units. Building Number 2 will front Dublin Boulevard, Iron Horse Parkway and Campus Drive. This building will have 155 dwelling units and is 50' in height above grade. The building will be five stories of residential units (the ground floor along Dublin Boulevard will be parking). Balconies are located on each of the elevations in the project. Access from ground floor units to the street has been provided on Campus Drive and Iron Horse Parkway to promote use of the surrounding streets. Each of the two buildings are centered around a courtyard which features attractive plantings and walkways. Courtyard A has a pool and spa and Courtyard B has a spa 7 PD. Planned Development Zoning District PA 05-042 Dnblin Transit Center Sile E-I <23 DblLd--1 which can be used by all residents. Both courtyards will connect for easy access to each side of the property. A recreation room and exercise room for use by all residents is located on the ground floor in the parking garage. The areas may be accessed via the elevators or stairs. Ancillarv Commercial: Approximately 15,000 square feet of ancillary, neighborhood- serving commercial uses are allowed for development at the ground level along Iron Horse Parkway and Martinelli Way. Retail has been provided In Building Number 1 and includes 9,000 sq. ft. of general retail uses and 6,000 sq. ft. of eating and drinking establishments. Residents will have access to the retail via the elevators which are located throughout the parking structure and via the street. Two pedestrian paths are also located through the retail areas along Iron Horse Parkway and Martinelli Way which provide access to the sidewalk along these streets. The retail area includes signage and awnings which promote visual interest along the street. Parking Structure: The parking structure is located underneath the buildings and in the center of the buildings. The lower parking level will be a subterranean level. The ground floor level will be located beneath the courtyards and will only be visible along Dublin Boulevard. Resident parking is located on both levels while retail and guest parking is located on the ground floor. Access to the parking structure is located off of Campus Drive and Iron Horse Parkway. The site layout and architectural design of this project will be consistent with the urban lifestyle and character of mixed uses planned for the Dublin Transit Center. The detailing of the retail storefronts, townhouse stoops, and urban landscape will enhance the pedestrian scale of this area. The architecture of the buildings is in the "Mediterranean" style with modern influences which can be seen in some of the details on the buildings. Each building will have its own architectural style to promote uniqueness and architectural diversity on the site. While the buildings are not exact replicas of each other, certain architectural elements are replicated on each of the building. Details including roof forms, colors, materials, form, massing, balcony design and window design are similar on each of the buildings. While there are differences in the two designs, the overall designs compliment each other. The two different building designs will promote visual interest along the street and through out the project. See attached plans and building elevations prepared by Togawa and Smith Architects, Inc. labeled Exhibit A received by the Planning Division on November 21, 2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21, 2005, referred to as Project Plans labeled Exhibit A to the January 13, 2006 City Council Staff Report, stamped approved and on file in the Planning Department. 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 The landscape plan reinforces the urban design intent by creating a pedestrian oriented perimeter with generous sidewalks, street tree planting, and enhanced paving patterns at key elements. On the comer of Dublin Boulevard and Iron Horse Parkway, the corner has been designed to include an opportunity for public art with attractive landscape materials. 8 PO, Planned Oevelopmenl Zoning Oistricl PA 05-042 Onblin Transil Center Site E-I BI-+ 0 I LC"'\ In order to soften the height of the building and promote visual interest along the street, large shrubs, trees and colorful plants will be provided. These plants include redwood trees, camellias, India Hawthorn, ferns and other materials. The variety of plant materials will also screen the ground floor of the building (where parking is visible). See the Section on Sheet L4 of the project plans to see a sketch of the proposed landscaping along Dublin Boulevard. A double row of trees will be located on all streets which will conform to the requirements of the Dublin Transit Center Plan. Accent planting will be located at the entrance to the parking garage off of Iron Horse Parkway. The planting will include small plants as well as accent trees in addition to the accent paving. The courtyard will also feature attractive plant materials. The materials will be a mix trees, shrubs, accent shrubs and groundcover. See plans (Sheets L-l through L-5) prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21, 2005, referred to as Project Plans labeled Exhibit A to the January 13, 2006 City Council Staff Report, stamped approved and on file in the Planning Department. 12. Compliance with Stage 2 Planned Development Plans The project shall substantially comply with the project plans and exhibits prepared by Togawa and Smith Architects Inc, received by the Planning Division on November 21,2005, and Landscape Plans prepared by The Guzzardo Partnership Inc., received by the Planning Division on November 21,2005, referred to as Project Plans labeled Exhibit A to the January 13, 2006 City Council Staff Report, stamped approved and on file in the Planning Department. Such project plans are incorporated by reference. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 9 RESOLUTION NO. 05-69 f65cSblCcY A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL APPROVAL OF SITE DEVELOPMENT REVIEW FOR DUBLIN TRANSIT CENTER SITE E-l (METROPOLITAN AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0001-013-02) PA 05-042 WHEREAS, the Applicant, D.R. Horton, Inc., has requested approval of Site Development Review for P A 05-042, Dublin Transit Center Site E-I, for the construction of a 300-unit condominium complex with ::+::15,000square feet of retail on approximately ::+::4.1 acres of land, located on a portion of Site E of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southeast comer of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 300-unit condominium complex, ::+::15,000 square feet of ground floor retail, parking, common areas and related improvements which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Togawa and Smith Architects, Inc. received by the Planning Division on November 21, 2005; 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 (EIR) for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage I Planned Development Zoning, Tentative Parcel Map, and Development Agre=ent (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 City of Dublin Zoning Ordinance, Chapter 8.96.020.C.3 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, the Planning Commission is referring the approval, conditional approval, or denial of application P A 05-042, related amendments, and time extensions of permits to the City Council; and and WHEREAS, the Planning Commission is also recommending City Council approval of said application; WHEREAS, the Planning Commission did hold a Public Hearing on said project application on December 13, 2005; and WHEREAS, proper notice of said Public Hearing was given in all respects as required by law; and ATTACHMENT 5 ~lo OOILoY WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the project be referred to the City Council for approval; and WHEREAS, the draft City Council Resolution approving the Site E-l project is attached as Exhibit A; 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 transfer the original hearing jurisdiction for Dublin Transit Center Site E-1, Metropolitan at Dublin Station Site Development Review to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance and also recommends City Council approval of said project. PASSED, APPROVED AND ADOPTED this 13lh day of December 2005. AYES: Chair Schaub and Commissioners Biddle, Fasulkey, Wehrenberg NOES: Commissioner King ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:\PA#\2005\05-042 Transit Center Site E-IIPC - Resos and ReportlPC Reso Refer SDR 10 CC Site E-I.DOC 2 RESOLUTION NO. 05-70 3,.1 75'} 11.0 L( c 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR DUBLIN TRANSIT CENTER SITE E-1 (METROPOLIT AN AT DUBLIN STATION) APN 986-0001-013-02 PA 05-042 WHEREAS, D.R. Horton, Inc. has requested approval of a Development Agreement for Dublin Transit Center Site E-I, Metropolitan at Dublin Station, located the southeast corner of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), 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 (EIR) 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 text of the Draft Development Agreement is attached to this resolution as Exhibit A; and WHEREAS, the Planning Commission did hold a Public Hearing on said application on December 13, 2005; 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 Agreement: 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 proposed to be Planned Development and that the proposed Site E-l mixed-use development 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 ATTA 6 ~~ 00 IlP~ 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. 2. Said Agreement is 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 Tentative Parcel Map, Planned Development Rezone, and Site Development Review. 3. Said Agreement is in conformity with public convenience, general welfare, and good land use practice in that the Site E-l mixed-use development will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed. 4. Said Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreement and any Conditions of Approval for the Project. 5. Said Agreement 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 between the City of Dublin and D.R. Horton, Inc. PASSED, APPROVED AND ADOPTED this 13th day of December 2005. AYES: Chair Schaub and Commissioners Biddle, Fasulkey, Wehrenberg NOES: Commissioner King ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:IPA#12005105-042 Transit Center Site E-l\PC - Resos and ReportlPC Reso DA Site E-l.DOC 2 ego !50 J if; l~ RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESTERN PACIFIC HOUSING, INC. FOR THE DUBLIN TRANSIT CENTER SITE E-1 PROJECT I EXHIBIT A qD 0:0 IIJ;L\ THIS DEVELOPMENT AGREEMENT is made and entered in the City of Dublin on this 17th day of January, 2006, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "CITY") and WESTERN PACIFIC HOUSING, Inc., a Delaware corporation, doing business as D.R. HORTON (hereafter "DEVELOPER") pursuant to the authority of SS 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 SS65864 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 certain real property known generally as ''Transit Center Site E-1" and consisting of approximately 4.1 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, and a master tentative map to create master parcels for development ("the Transit Center Approvals"). E. In conjunction with the Transit Center Approvals, CITY and COUNTY entered into a certain Master Development Agreement for the Dublin Transit Center, dated May 6, 2003 ("the Master Development Agreement"). It sets forth certain obligations of the property owner and subsequent purchasers of property within the Transit Center Property, and those obligations include a requirement that each individual project within the Transit Center Project enter into a development agreement with the City. F. Among other things, the Transit Center Approvals allow DEVELOPER to propose development of up to 300 additional residential units on Transit Center Site E-1 although the Property is designated "Campus Office" under the Eastern Dublin Specific Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 1 of 15 January 17,2006 '~l ~//P L/ Plan (known as Site D-1 and E-1). G. On October 4, 2005, the City Council approved an amendment to the Master Development Agreement that sets forth the affordable housing obligations of the Transit Center Project in the event that the 300 additional residential units are constructed within the Transit Center. H. Consistent with the terms of the Transit Center Approvals, DEVELOPER proposes the development of the Property with 300 condominiums and approximately 15,000 square feet of ground floor retail (the "Project"). I. 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 Stage 2 Development Plan (Ord. No. ); Site Development Review (City Council Resolution No. ); and a vesting tentative parcel map (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." J. 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. K. Project. CITY desires the timely, efficient, orderly and proper development of the L. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. M. 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. N. Pursuant to the California Environmental Quality Act (CEQA) the City Council adopted Resolution No. 02-05 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 O. On , 2006, 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 ,20)) ("the Approval Date"). Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 2 of 15 January 17, 2006 qz CJo lLo~i NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER agree as follows: AGREEMENT 1. Description of Property. The Property which is the subject of this Development Agreement is described in Exhibit A attached hereto ("Property"). 2. Interest of Developer. 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 between the COUNTY and DEVELOPER is terminated for any reason (and upon DEVELOPER's providing satisfactory of evidence of such fact to CITY). 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 Rioht to Develop. DEVELOPER shall have the vested right Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 3 of 15 January 17, 2006 q~~I(LI 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. 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 Mitiqation 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 Phasinq, Timinq. 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 Financinq 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 4 of 15 January 17,2006 ut4 00 Iw'1 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 6. Applicable Rules, Requlations 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 Approval Date. 6.2 Rules re DesiQn 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 Buildinq 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. Subsequentlv Enacted Rules and ReQulations. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 5 of 15 January 17, 2006 Q500 \ !' I 1 i~:: 7.1 New Rules and Requlations. 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. 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 S8558. 7.4 Riqhts Under Vestinq 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. Subsequentlv Enacted or Revised Fees. Assessments 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). Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 6 of 15 January 17, 2006 qlcL Db 1LO~ 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. 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 accordance with this Agreement. 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 bv 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 7 of 15 January 17, 2006 \ q, u~ 1w L-j 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 bv 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 this Agreement prior to the date of cancellation shall be retained by CITY. 10. Term of Project 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, 2006 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 8 of 15 January 17, 2006 I qQ 00 ItoLr 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 diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3 No Damaqes Aqainst 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. Mortqaqee Protection; Certain Riqhts of Cure. 14.1 Mortqaqee 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 MortqaQee Not Obliqated. 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 9 of 15 January 17, 2006 q0f :5b llo ~ 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. 14.3 Notice of Default to MortQaQee 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. Severabilitv. 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. Attornevs' 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 AssiQnments. 17.1 DEVELOPER's RiQht to Assiqn. 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 1 0 of 1 5 January 17, 2006 , IDO Gt; \ La Li 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 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 Riqht to Retain Specified Riqhts 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. AQreement 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 11 of 1 5 January 17, 2006 I IV\ ~ IlD1 Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 19. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 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 DamaQe 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 Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 12 of 15 January 17, 2006 \DLOV \loY as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 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: Western Pacific Housing, Inc., doing business as D.R. Horton 6658 Owens Drive Pleasanton, Ca 94588 Attn: President A party may change address by giving notice in writing to the other party and thereafter Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 13 of 15 January 17, 2006 103 ~)lo~ all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 25. Aqreement is Entire Understandinq. This Agreement constitutes the entire understanding and agreement of the parties. 26. 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. 29. Leqal Authoritv. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that has full power and authority under the entity's governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 Page 14 of 15 January 17, 2006 CITY OF DUBLIN: By: Mayor Date: Attest: By: City Clerk Date: Approved as to Form: Ed Galigher Its: Vice President Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project 790196.2 I \ 1Y-\- V6 \ lo ~ Page 15 of 15 January 17, 2006 \ 0 1-, I)'V \ \i)~ Exhibit A Property Description \OloC':i>D \ lo~ Exhibit B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. SubparaQraph 5.3.1 .. Subsequent Discretionary Approvals None Subparaaraph 5.3.2 .. Mitiaation Conditions Subsection a. Infrastructure SeQuencina Proaram The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: The project-specific roadway improvements (and offers of dedication) identified in Planning Commission Resolution No. 05-_ approving Vesting Tentative Tract Map 7667 ("the VTM Resolution") and City Council Resolution No. 06-_ 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 VTM Resolution and SDR Resolution unless otherwise provided below. (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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196.2 Page 1 of 5 January 17, 2006 , \O{~l10i' .illd. Storm DrainaQe 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. (v) Other Utilities (e.Q. Qas, 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. SubparaQraph 5.3.3 -- PhasinQ, TiminQ 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. Subparaqraph 5.3.4 -- FinancinQ 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196.2 Page 2 of 5 January 17, 2006 \ {Y23b \ co ti- 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. Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF") established by Resolution No. 111-04, 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. Developer further agrees that it will pay eleven percent (11 %) of the "Section 1/Category 1" portion of the TIF in cash. Developer also agrees that it will pay twenty-five percent 25% 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 less than 25% of total Section 2/Category 2 improvements, the Developer shall pay such reduced percentage of the "Section 2/Category 2" portion of the TIF in cash. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freewav InterchanQes. 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. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196.2 Page 3 of 5 January 17, 2006 \lfY) h-, l Lo L1 'U,O I 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. 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 Q. Tri-Vallev Transportation 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. SubparaQraph 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 then-current Administrative Guidelines regarding credits. Subsection b. Traffic Impact Fee RiQht-of-Wav 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 then-current Administrative Guidelines regarding credits. Development Agreement Between City of Dublin and Western Pacific Housing, for the Dublin Transit Center Site E-1 Project - EXHIBIT B 790196.2 Page 4 of 5 January 17, 2006 11000 lloq SubparaQraph 5.3.7 -- Miscellaneous Subsection a. Maintenance of Street LiQhtinQ 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 (UCC&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. 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. 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" ~~ 2Sa ~2i In ~~ ::g: ~ t(") tv)~;:t :e ::;) z: . e ~ ~ , t , " 6 ~ ~ ~ ] gl .:: .:- l~j g.';! :::.. ;; e o::.1l.,2 .~H! j~ii 00<;:;":1<;; ~ ~ .g " ~~, ~] ], " ~ 8' " ~ 2.= ~.<: '" i] ., ~.~ ~ ~>(~g :s] -;.8 i~:i i~i~ ~: ~~ " , o ~ u ~ ~ I . '" " "" z :2 '" ... z "" z '" ... ~ '" '" !j~ Q"g C .. '" t>i, ~ ~. ~] ~ 8.J. ~ ~~ " . . ~ . c.:;, c ~ '" CI) Q) ,I:: .:::: ~ '- :::: c:,:, I:: '!::' CI) - I:: ~ I:: ~ -g ~ '" e '" ~ .g ~ c; t cClt')~ c::.t::)~ . . "" tJ) ~~c -;::~~ ~ ". Qi oq:: ...... Q) _ -.J ~~~~ V> ~ :%1 ::, ~ V> c:: c :~ '" Q) Cr:; <1 Q. => o i5 => z '" "' o o N @ . . .. . ~~m':l!;m~~':'.~ lLo\ Ob \LD~ November 9,2005 Mr, Ray Kuzbari Senior Traffic Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Focused Parking Analysisfor the Proposed Metropolitan at Dublin Station Development in the City of Dublin Dear Mr. Kuzbari, This letter report summarizes a focused analysis of the parking conditions for the proposed Metropolitan at Dublin Station development in the City of Dublin, The analysis has focused on shared parking conditions for the residential units' visitors and the ancillary commercial uses within the development. 1. PROJECT DESCRIPTION The focus of this analysis is the parking need associated with residential visitors (generated by the project's 300 residential units) and 15,000 sq.ft, of ancillary ground floor commercial space. The commercial space would front on Martinelli Way and Iron Horse Parkway and would consist of 6,000 sq.ft. of smaller high-turnover sit-down and "take-out" restaurants and 9,000 sq.ft, of smaller local serving retail tenants. The commercial space parking needs and a portion of the residential visitor parking needs are proposed to be met by a 95-space shared parking supply, including a 69-space area within the parking garage and 26 on-street curb spaces. All of these spaces would be fully accessible to the public. In addition, 20 visitor spaces would be located within the resident parking area via the resident parking gated access. 2. RESIDENTIAL VISITORS AND COMMERCIAL PARKING NEEDS In order to identify the overall parking demand throughout the day, a shared parking analysis was conducted. This consisted of establishing the hburly commercial area parking demands and the residential visitor parking demands, then adding them together for a total demand, ATTACHMENT q 1901 Olympic Boulevard. SuiTe "120 . Walnut Creek. C,"" 94596 . (925) 935-2230 fax: (925) 935-2247 ROSEVILLE REDDING VISALlA WALNUT CREEK \ I laC- cY\ \ UJ'--\- o ' The commercial parking demand was determined by applying the Dublin Zoning Ordinance requirements of 1 space per 300 sq.ft. of retail area or 30 spaces and 1 space per 100 sq.ft. of restaurant area or 60 spaces. (1) The Dublin requirement for the residential units would be 1.5 spaces per unit. Based on parking research, it is estimated that the residential visitor parking demand would be about 15% of the total residential demand,(2)(3) The visitor demand for the 300 residential units would therefore be 0.225 spaces per unit or 68 spaces. Because there would be 20 visitor spaces located within the residents' parking area, the visitor needs in the shared parking area would be 48 spaces. The Dublin ordinance is formulated to address the peak parking demand that typically occurs during the mid day for the anticipated smaller retail and high turnover restaurant tenants and during the evening hours for the residential units. Recently published data from the Institute of Transportation Engineers (ITE) on hourly parking demand shows that average mid-week parking demand for retail stores and higher turnover restaurants peaks between 11 :00 a,m. and 1 :00 p.m. (4) The ITE hourly parking demand factors for residential units applies to the total residential demand, not just the visitor demand, However, there is no research available that establishes the hourly demand for residential visitors, and the overall hourly factors were therefore applied, adjusted to account for the full 48-space visitor demand being realized in the 7:00 p.m. and 8:00 p.m. hours. It is noted that for several reasons, the calculation of the retail and restaurant parking needs overstates the actual parking demand. First, the retail and restaurant tenants would be located within walking distance of residential units and a number of business complex developments. The residents and employees in these complexes would have the opportunity to walk to the restaurants for lunch or to the retail tenants. The restaurants would probably also provide a "take-out" option for local employees who cannot stay for table service. It is conservatively assumed that 25% of the retail and restaurant parking demand would be offset by local pedestrian access to these tenants. Applying the various hourly percentages to the peale retail, restaurant and residential visitor demands (with a 25% commercial parking reduction due to internal trips) results in parking demands as listed in Table 1. Based on the calculations, the parking supply would accommodate the expected demand. However, as noted in the table, the 95 space supply would essentially be fully occupied in the 6:00-8:00 p.m. period, which represents the peak parking demand period. It is noted that if one of the restaurant tenants is a Starbuck's, the parking supply would still accommodate the shared demand. Based on an extensive analysis of parking demand at Starbucks stores, a Starbucks store would add a 10-12' space parking demand during the 8:00-10:00 'a.m. period.(5) As outlined in Table 1, an increased morning demand of 10-12 spaces could be accommodated within the planned supply. It is also noted that a Starbucks parking demand is substantially lower during the 6:00-8:00 p.m. peak period ,demand for the other uses. Parking Analysis for Metropolitan at Dublin Station Page 2 , 1'1"\' \lo~QDIIY""\ 3. SUMMARY AND CONCLUSIONS The parking supply of 95 shared spaces would accommodate the expected combined commerciaVresidential visitor parking demand. Even if one of the commercial tenants was a Starbucks store, the parking supply would be adequate. It is noted that this fmding is predicated upon two assumptions: . First, it is assumed that a portion of the residential visitor parking demand would, in fact, be met by the 20 spaces located within the gated resident parking area. If these spaces are not used, there would likely be a parking deficit in the 6:00-8:00 p.m. period (see Table 1). The applicant must be able to demonstrate how these 20 parking spaces will be conveniently available to residential visitors. . The calculations also assume that the 26 curb spaces on Campus Drive and Iron Horse Parkway would be available for the short term parking needs of commercial customers and residential visitors. It is recommended that the curb spaces be signed for short-term use (no more than 1-2 hours). I trust that this analysis responds to your needs. Please contact me with any questions or comments. sr:IY, ~T~ George W. Nickelson, P.E. Branch Manager REFERENCES: (1) City of Dublin, City of Dublin Zoning Ordinance, Amended July 15, 2003. (2) The Eno Foundation (Robert A. Weant and Herbert S. Levinson), Parking, 1990. (3) Walker Parking Consultants, California Parking Standards for Selected Cities and Counties, June 1995. (4) Institute of Transportation Engineers, Parking Generation - 3rd Edition, 2004. (5) Omni-Means, Ltd., Focused Traffic/Parking Analysis for a proposed Retail/Starbucks Development on Village Parkway in the City of Dublin, Aprill9, 2005, Parking Analysis for Metropolitan at Dublin Station Page 3 \ LP4 0b llo~ TABLE 1 WEEKDAYSHAREDP~GDEMANDFOR RESIDENTIAL VISITORS AND COMMERCIAL SPACE Time Retail Restaurant Visitor Total Surplus / Demand(l) Demand(2) Demand(3) Demand Deficit 8:00 a.m, 4 24 31 59 +36 9:00 a.m. 8 33 17 58 +37 10:00 a.m. 12 37 16 65 +30 . 11 :00 a.m. 20 45 15 80 + 15 12:00 PM 23 45 I 15 83 + 12 1 :00 p.m. 22 45 15 82 +13 2:00 p.m. 20 23 16 59 + 36 3:00 p.m. 20 18 18 56 +39 4:00 p.m. 18 18 22 58 +37 5:00 p.m. 13 35 29 77 +18 6:00 p.m. 16 37 34 87 +8 7:00 p.m. 19 28 48 95 0 8:00 p.m. 16 29 48 93 +2 (1) Dublin City Code rate is 1 space/300 sq.ft., reduce by 25% to account for internal trips, resulting in a peak calculated demand of 23 spaces. (2) Dublin City Code rate is 1 space/lOO sq. ft., reduce by 25% to account for internal trips, resulting in a peak calculated demand of 45 spaces. (3) Based on residential visitor demand being 15% of the overall demand or 0.225 space/unit. The peak visitor demand for 68 spaces (300 units @ 0.225 per unit) was reduced by 20 spaces (to account for 20 visitor spaces being located at another location in the development), resulting in a peak calculated demand of 48 spaces. Parking Analysis for Metropolitan at Dublin Station Page 4