HomeMy WebLinkAbout6.2 Willows at San Ramon Village PD
CITY CLERK
File # Dffi[5][D]-[!][7l]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 20, 2006
SUBJECT:
PUBLIC HEARING: PA 06-034 Amendment to an adopted
Planned Development Zoning District (PA 02-063) for Willows at
San Ramon Village (formerly known as Baneor Alcosta).
Report Prepared by Mamie R. Nucc;io Associate Planner
ATTACHMENTS:
I) Sheet 4 of the approved Project Plans titled "San Ramon Village
Plaza Planned Development Rczoning Stage 1 & Stage 2
Development Plan, Vesting Tentative Tract Map and Site
Development Permit, Tract 7437" dated received March 15,
2004 and stamped approved by the City of Dublin.
2) Letter from Bancor Properties to the City of Dublin dated
October 18, 2004
3) Building Permit submittal history
4) Letter from Braddock &. Logan to tlle City of Dublin dated
October 18, 2004
5) Letter from Braddock & T _ogan to Bancor Propcrtics dated April
20, 2006.
6) Proposed Braddock & Logan Phasing Plan.
7) Phased Occupancy Request Letter from Braddock & Logan to
the City of Dublin dated May 22,2006
K) Rcsponse Letter from tl1e City of Dublin to Braddock &. Logan
regarding Braddock & Logan's Phased Occupancy Request dated
May 22, 2006.
9) Response Letter from Braddock & Logan to thc City of Dublin
regarding Phascd Occupancy Request dated May 23,2006
10) Sheet 2 of the approved Project Plans titled "San Ramon Villagc
Plaza Planned Development Rezoning Stage I & Stage 2
Development Plan, Vesting Tcntative Tract Map and Site
Development Pcrmit, Tract 7437" dated received March 15,
2004 and stamped approved by the City of Dublin.
COpy TO: Jeff Lawrence, Braddock & Logan
Michael Banducci, Bancor Properties
Rick Corbell, Bancor Properl1es
Project Planner
File
Page I of 13
ITEM NO.
b.l
(j:\Pi\:ffl2nOn\06~034 Willows PD Amcndmcnt\lT\CCSR Ofi-2n~On doc
u
RECOMMENDATION: ~ I)
~i/ 2)
\f 3)
4)
5)
FINANCIAL STATEMENT:
PROJECT DESCRIPTION:
II)
Pagc 3 of the City Council Agenda Statemcnt datcd May I~,
2004
Residential phasing exhibit.
San Ramon Village Plaza colorcd elevations.
Condition #9 of City Council ResolutlOn 81-04 approving thc
Vesting Tental1ve Map and Site Dcvelopment Review for the
San Ramon Village Plaza Dcvelopment project.
Revised pagcs 5 and 7 to adopted Stage I & Stage 2
Dcvelopment Plan (Ordinance 19-04).
Table 5 fi'om Ordinance 19-04 and Table 6 from City Council
Staff Report dated May 18,2004
Planmng Commission Mccting Minutes of June 12, 2006 (to be
sent under separate cover).
Planning Commission Rcsolution recommending City Council
approval of an amendment to an adopted Phasing Plan for
Plamled Development Zoning District (PA 02-0(3) for Willows
at San Ramon Villagc.
Ordinance approving an amendment to an adoptcd Phasing Plan
for Plamled Development Zoning District (PA 02-063) for
Willows at San Ramon Village and approving minor revIsions to
the Development Plan for Planned Development Zoning
Ordinance (PA 02-063).
12)
13)
14)
15)
16)
17)
18)
19)
Receive Staff presentation;
Open tlle public hearing;
Take testimony from thc Applicant and the public;
Close tbe public hearing and deliberate; and
Waive the reading and introduce an Ordinance (Allachment 19)
approving an amendment to an adopted Pbasing Plan for Planncd
Development Zoning District (PA 02-0(3) for Willows at San
Ramon ViIlagc and approving 1l111l0r revisions to thc
Development Plan for Planned Development Zoning Ordinance
(P A 02-063) or providc Staff direction on a different optlOn.
None.
In Novcmbcr of 20U2, Bancor Properties submitted an apphcal10n to amend thc Gcncral Plan and Zoning
Map to allow for the redevelopment of an eXlslmg shopping center, San Ramon Village Plaza, with a
mixed-use proJect. San Ramon Village Pla?a is :!:4.62 acres in sizc and is located east of San Ramon
Road between Aleosla Boulevard to the north and Bellina Strcct to tl1e south.
The project consisted of tl1e demolitIOn of appnlXlmately 34,000 squarc feet of existing commercJal
buildmgs and assocIated parking lot arcas to providc for tl1e construction of 56 reSIdential units on thc
southern half of th" sitc and tl1c rcmodeling of the remaining 14,377 square foot commcrcial building on
the northern half of the site (Altaelnnents I and 13).
Page 2 of 13
In conJunclion with the request for amelldmellts to thc Gcncral Plan and Zoning Map, Bancor Properhes
also sought approvals for Stage I & Stage 2 Planncd Dcvelopmcnt Loning, a Vestlllg Tentahve Map, and
SIte Development Review
In May 2004, the City Council approved Resolullon RO-04 adopting a Mitigatcd Ncgative Deelaration and
Mil1galion Momtormg Program, and Resolution 81-04 approving a Vesting Tental1ve Map and Site
Dcvelopmcnt Revicw for thc San Ramon Village Plaza development project. Thcsc approvals wcrc
contingent upon thc City Council adopting tl1e followlllg: I) a Resolution approving amcndmcnts to the
General Plan to add a new Mixed-Use lalld use classification in thc Primary Platllling Area and amending
the Land Use Map for the project site; 2) an Ordinance amending the Zoning Map to re7,one the proJect
sitc; and, 3) an Ordinance approving related Stage I and Stage 2 Plalmed Development Zoning. Thc City
Council anlcndcd the Zoning Map by Ordinance 19-04 on June I, 2004, and amcndcd thc Gcneral Plan by
ResolutIon 144-04 on July 20,2004 A Final Map was approvcd on Scptember 20, 2005, by City Councll
Rcsolution 179-05
The Planned Development Zoning and Sitc Dcvelopment Review approvals required that tbe project
move forward as a whole with the commercial remodel belllg constructcd at the same time as the
reSldenl1alumts.
In a letter dated October 18, 2004 from Bancor PropertJes to the then-current Community Development
DIrector, Mr Eddie Peabody. Bancor Properties expresscd thcir commitment to facilitate the development
of tl1c San Ramon Villagc Plaza mixed-use project. At that time Bancor Properties was in thc proccss of
selling the resldenl1al portlOn ofthe project to Braddock &. Logan and tl1e City expressed concem over the
timely completion of both thc commcrcial and residential portlOns of the project. Bancor Propertics
assured the City tlmt the commercial remodel would proceed III a timely fashion and provided the
followlllg retail remodel schedule (Attachment 2):
. Marcb 7, 2005 Secure huilding permits
. April 15, 2005 Begin constmction
. September 30, 2005 Complete construction
Bancor Propertics submitted an application for building permits to remodel the remaining 14,377 square
foot commercIal huildlllg on February 10, 2005 and reccived commcnts from Staff on March 29, 2005
(Attachmcnt 3). Thc application is currently in third plan check review and Staff is revicwing thc plans
for consistency with the project approvals.
In a Icttcr datcd Octohcr 18, 2004 from Braddock & Logan to Mr. Peabody. Braddock & Logan cxpresscd
tl1eir intent to purchase the residential portlOn of the proJect from Bancor Properties and provided a
timeline to begin site improvements for the rcsidcntial project (Attachment 4). ThiS letter was. not locatcd
in City files and was submitted by Jeff Lawrence of Braddock & Logan at thc June 12, 2006 Planning
CommiSSIon meeting.
In Novcmbcr 2004, Braddock & Logan purchased a :t2.94 acre portlOn of the :t4.62 acrc projcct sitc for
thc constmction of the 56 residential units. Bancor Properl1es retallled ownership ofthc rcmaining :t1.68
acre commercial portion of the proJect site.
Braddock &. Logan obtaincd a demolition penuit on February R, 2005 to demolish approximately 34,000
square feet of the eXlstlllg commercial buildlllg (1Il the project sitc. Thc soils in this area were known to
be contaminated by a former dry cleaner usc which occupied a portion of the commercml building;
thcrcforc, cnvironmcntal rcmcdiation work needed to be accomphshed pnor to thc construction of the 14
Page 3 of 13
rcsidcntial units which wcrc planned for this area. The environmental remediation work was completed
on June 27, 2005
On Scptcmbcr 27, 2005, Braddock &. Logan commenced construchon on the rcsidcntial portion of the
proj cct.
In April of 2006, the Cily dIscussed with Braddock &. Logan tlle requirement that the commercml portion
of thc projcct nccdcd to bc completed prior to occupancy of any umt on the residcntial portion of thc
project and recommended tl1at Braddock & Logan submIt a Pbased Occupancy Plan in accordance With
the proJect approvals. In a letter dated April 20, 2006 Braddock &. Logan reminded Bancor PropertIes of
the requirements set fortb in a Real Estatc Purchase Agreement and Jomt Escrow Instruction between the
two parties that rcquircd the timely completion of all Improvements including thc development of the
commercial project (Attachment 5).
On May 19, 2006, Braddock 8. Logan submitted an apphcatlOn for a Temporary Usc Permit for tl1e use of
four (4) units as a model home complex. The City issucd Braddock & Logan a temporary certificate of
occupancy for thc model home complex on June 9, 2006; Braddock & Logan is procccding witl1 tl1e sale
of individual residential units at theIr own nsk pending City Council action on tl1eir request for an
amendment to tbe Planned Developmcnt Zoning. The City agreed to grant temporary occupancy of thc
models subject to a requirement that Braddock & Logan nohfy prospective homcbuycrs that the City will
not grant any occupancies until the Planned Development Zoning has been changed.
Also in May of 2006, Braddock & Logan submitted a Phased Occupancy Plan for approval by the
Community Development Director. The Phascd Occupancy Plan sets forth Braddock & Logan's proposal
for thc completion and phasing of tl1e 56 residential units (Attachment 6). The Phascd Occupancy Plan
did not inelude the commercial remodel portIOn of the San Ramon ViIlagc Plaza development project. In
other words, the proposed Pbased Occupancy Plan allowed tl1c occupancy of all of the resldenhal umts
before the commercial remodel was completcd. Bccause tl1e Phased Occupancy Plan was inconsistent
with thc adoptcd Planncd Dcvelopment Zoning for the project, tl1e Community Developmcnt Dircctor did
not approve thc Phascd Occupancy Plan (Attachments 7-9).
Rather than revise thcir Phascd Occupancy Plan, Braddock &. Logan suhmllled an application on May 24th
requesting an amendment to Planned Development Zomng District (PA 02-063) to modify the adopted
Phasing Plan for the San Ramon Village Plaza dcvelopment project. The Phasmg Plan adopted by
Ordinance 19-04 establishes the phasing of the San Ramon Village Plaza projcct. Phase I ineludes tl1e
construchon of 42 resldenl1al umts and common open spacc (Lot 2) and the remodeling of 14,377 square
feet of commcrcial retail spacc (Lot I); Phase 2 ineludes tl1e constructIOn of the remaining 14 rcsidcntial
units (Lot 3) (Attachment 10-11). Braddock & Logan IS proposing to amend thc Phasing Plan to separate
the commercial remodel from the Phasmg Plan and allow for thc construction of the 56 resldenl1al s 111
four (4) phascs (Attachment 12).
ANALYSIS:
Planned Development Zoning
The Stage 1 & Stage 2 Development Plan lor San Ramon Village Plaza estabhshes the permittcd,
condit1()nally permltled, and accessory uses lor thc projcct site; tl1e site plan, sIte area and proposcd
densities; maximum numbcr of rcsidcntial units and non-residential square footages; a phasing plan,
master landscaping plan; development regulations; and archlteclural standards, among otller tl1ings.
Pagc 4 of 13
In conjunctIon with the preparation of a Stage 1 Development Plan, a Phasing Plan is also required. The
Phasing Plan shows the bonndarics, timing and scquencing, gross and net areas and densitics, and non-
rcsidential squarc footagcs for development within the entlTe Planned Developmcnt Zoning District. The
Phasmg Plan also mcludes existing and proposcd land uses; major features of the Clrcu]atlOn system
ineluding any cxisting and proposcd frccways, arterials, and collector streets; and othcr infrastmcturc
rcquircments such as watcr supply, wastewater collechon. treatment and disposal, and drainage systems.
Stage I & Stage 2 Phul1led Development ZOlllng Phasmg Plan (P ^ 02-063)
The adopted Stage I and Stage 2 Planncd Dcvelopment Zoning Phaslllg Plan was establisbed to ensure
that hotl1 thc commcrcial and residential components of the San Ramon Villagc Plaza projcct werc
constructed concurrently The Planned Development ZOlllng integratcs thc commercial and residential
development areaS to create a pedestrian-orientcd mixed-use village. The reSidentIal umts have been
designed so that the front of Buildings 4, 10 and II face the remodeled commcrcial center and parking lot
(See Attachment I). Addll1onally. the commercial component has been designed with all architectural
style and color palette tbat are compatible with thc architectural style and color palette of the residential
dcvelopment to provide a cohesive look to tlle mixed-use development (Attachmcnt 13).
Thc adoptcd Phasing Plan for San Ramon Village Plaza includes two Phases:
. Phase I remodel of a 14,377 square foot commercial building on Lot I and the construction of 42
residential units on Lot 2.
. Phase It construction oftbe remaining 14 residcntial units on Lot 3
The required enviromnental remediation on Lot 3 was the basis I'm phasing thc project in two phases as it
allowed for the remodeling of tbe commercial building on Lot I and construction of 42 reSidentIal umts
on Lot 2 to procccd while thc cnviromncntal remediation was taking place on Lot 3. Braddock &. Logan
succcssfully completed tl1c enviromnental remediation pnor to secunng building permits and commencing
construction on tlle project. Currently, the constructIOn ofthe 14 units on Lot 3 is nearing completion.
Proposcd Braddock &. Logan Phasing Plan
On May 9, 2006 Braddock &. Logan submitted a Phased Occupancy Plan in accordancc with Site
Development Review Condition of Approval No 9 con tamed in Resolution 81-04 which states:
"If occupancy is requested to occur in phases, then all physical improvements within
each phase shall he required to he completed prior to occupancy of any buildings within
that phase except for items specifically excluded in an approved Phased Occupancy Plan
or minor handwork items approved hy the Department of Community Development.-- ..
(Attachment 14)
Braddock and Logan's proposed Phased Occupancy Plan identifies rcsidcntial occupancies occumng III
four (4) phases as follows (See Table I):
Table 1. Proposed Braddock & LOI!an Phasiol! Plan
Phase!,uildil!g}'i l?:._....._..
Phase I 3, 4 and 5
. ~~~~elL__.______ I, 2 ll!1<J6 _.._.._____
Phase UT 7,8, q and 10
Phase I V 11
'RMR:-B~j;;~-Ma;-kei-iaie-----' -- ----
Lot No.
3
2
2
2
~ -~...~'''~'.'~--
No. of Units
14 (2 BMR* Umts)
17 (2 BMR* Units)
21 i.3 BMR * Umts)
4 (0 BMR* Units)
Page 5 of 13
Braddock &. Logan's proposcd Phased Occupancy Plan set f011h the phased occllpancics of the rcsidcntial
umts but does not IdentIfy lhe phaslllg of the commercial remodel on Lot I On May If;, 2006, the
Community Dcvclopmcnt Dircctor dcnicd Braddock &. Logan's Phased Occupancy Plan for the lallowing
reasons:
. Bascd on a rcvicw of the Staff Report dated May 18,2004, nKludmg the cxhibits and minutcs,
the Phased Occupancy Plan request was found to be lIlconsistent with thc intent and approvals
for the proJect. The City Council's approval clearly intendcd that thc commercial project be
completed in conJunchon WIth the residential portion ofthc project. The Stage I and Stage 2
Planned Developmcnt Zoning tar thc projcct indicated tl1at the project would be completed 111
two phases. Phase I ineluded the renovatIOn of the commercial building and commcrcial
parkmg area and 42 resldenhaI umts m Bnildings 1-2 and 6--]] Phase 2 ineluded 14
residential units in Buildings 3 5 Braddock & Logan's proposed Phased Occupancy Plan
indicates Phase 2 would be completed before Phase I, and
. Condition No.9 of the Site Development ReView approval states that prior to receiving any
occupanCies, all physIcal Improvements are to be completcd prior to occupancy of any
buildings within that phasc, cxccpt for items specifically excluded 111 an approved Phased
Occupancy Plan, or minor handwork Items, approved by the Dcpartment of Community
Development. Braddock & Logan's proposcd Phascd Occupancy Plan failed to mclude tl1e
completion of tl1e commercial remodel or parking area within Phase I
Bascd on thc factors citcd abovc, thc Community Development Director found that the proposed Phased
Occupancy Plan was inconsistent witl1 the adopted Stage I and Stage 2 Planned Development Zoning
Phasmg Plan and tl1erefore could not grant approval of the proposed Phased Occupancy Plan. Rather than
submit a revised Phased Occupancy Plan, Braddock & Logan submitted an application requesting an
amcndmcnt to thc Planncd Dcvclopmcnt Zoning Phasing Plan.
Planning Commission Meeting of JUlie 12, 2006
The Dublin Zoning Ordinance allows the Director of Commumty Development to grant an amendmcnt to
an adopted Plannmg Development Zomng District as an administrative action or the Pllllming
Commission by means of a Conditional Use Pennit upon finding that" the amendment Substlllll1ally
complics with and docs not matcrially change the provisions or intent of the adopted Planned
Development Zoning Distnct" It was Staffs oplllJOn that this finding could not bc met witl1 respect to
Braddock &. Logan's rcqucst to amcnd thc adopted Phasing Plan for Planned Development Zoning
Dlstnct (PA 02-063). It was the City Council's lIltent, m adopting the Pbasing Plan tl1at the commercial
remodel and residential construction would occur concurrcntly Since Braddock & Logan's request did
not inelude phasing of the commercial remodel. the request was found to be a matcrial changc to the intent
of the Planned Development Zomng District and in accordancc witl1 Section 8.32.080 of the Dubhn
Zoning Ordinancc thc amendmcnt rcqucst must bc processed as a Zoning Ordmance Amendment pursUant
to Chapter 8.120.
When an amendment to the Zonlllg Ordmance is proposed, the Planning Commission's role, following a
public hearing, is to makc a writtcn rccommendation to the City Council. wltb reaS(lIlS for tbe
recommendation lllld the relationship of the 111llendment to the General Plan, on whether to approvc,
approve With modificalions. or disapprove the amendment.
At tl1c Junc 12, 2006 Planning Commission mccting, Staff presented five (5) options for the Planning
Commission's considcration regarding Braddock & Logan's request for an amendment to the Planncd
Development Zoning:
Page 6 of 13
Approval of Braddock & Logan Request. this option would allow the resldenhal umts on Lots 2
and 3 to bc occupicd independent of the commercial remodel.
2. Dcnial of Braddock &. Logan Rcqucst: this option would requIre lhattbe commcrcial remodel on
Lot I and the 42 units on Lot 2 be compleled before the remaining 14 units on Lot 3 are
completed.
3 Approval or Alternativc Amcndmcnt "A" this option requires that the 14 units on Lot 3 and thc
commcrcial rcmodel on Lot I be completed before the remainmg 42 units are complctcd.
4 Approval of AlternatIVe Amendment "B" this option would allow 14 umts to be occup,ed now,
occupancy of an additional 17 units when tl1e commercial remodel is under constmction, and
occupancy of the remamlllg 25 umts when the commercial rcmodel is completed.
5 Approval of an altemal1ve amendment to be determined by thc Planning Commission.
While thcse options arc listcd numerically, tl1ey are not ranked m any order ofpreferencc.
Option #1. Approval of Braddock & Logan RCQuest
As mentioned above, Braddock & Logan's proposed amendment would removc tl1e commercial remodel
frOll1 the Phaslllg Plan and allow for the phasing of the residcntial units in four (4) distmct phases (Refer
to Table I above). Under this option, Braddock & Logan could obtain occupancics for all 56 units, in
accordance with tllelr proposed Phasmg Plan, With no plan for thc complction oftl1e commercial remodel.
Ana(vsislGeneral Plan Consistency
Thc 56 units havc bccn undcr construction since September of 2005 The model home complex, which
consists of 4 units, is nearing completion and the construction of 14 additional units in Buildings 3-5 on
Lot 3 is expected to be complete by August of 2006. Currcntly, tl1e commercial remodel IS m huilding
plan chcck revicw, and it is IUlknown at this time when building permlts would be issued or whcn
construction would commence or be completed.
Amcnding thc adoptcd Phasing Plan to allow for tl1e removal of the commercial remodel would cnablc
Braddock & Logan to obtain occupancy of all 56 umts regardless oflhe status ofthc commercial remodel.
Although tbe adopled Phasmg Plan reqlllres that the commercial rcmodel and residential construcl1on of
42 units be completed as part of Phase I of the project, Braddock & Logan does not own thc commercial
porhon of the prOJect and thus has no control over the constmction of the commercial remodel. Braddock
&. Logan contends that by not having any control over tl1e commercial construction scbedule, they should
not be restncted m obtainmg occupanCIes of the residential units.
Howcver, amcnding thc adopted Phasing Plan as proposed by Braddock & Logan may bc inconsistent
witl1 tl1e policics ofthc Gcncral Plan in that Guiding Policy A under Neighborhood Shopping Ccntcrs is to
strengthen existing neighborhood shopping centers. As approved, tbe Planned Dcvelopment Zoning was
conSistent WIth thIS pohcy mthat, the redevelopment ofthc San Ramon Village Plaza shoppmg center as a
mixcd-usc projcct would help cnhancc tl1c economic viability oftlle retail component and the introduction
of medium-density residential uses within tlle proJect site would increase the population in the area to help
support the eXIstlllg and new buslllesses. Without tbc commcrcial rcmodel, the eXlstmg commercml
center may remain undemtilizcd and in nccd of upgrading. The Mixed-Use land use category was
approved by tl1c City Council to achieve thc General Plan goal of strengthening neighborhood shopping
Page 7 of 13
centers llldudlllg San Ramon Village Plaza by redeveloplllg the sbopping ccntcr to enhance the economic
vlability oftlie retail componenl and llllroduClllg medium-densIty rBsidcntial uses within the project site.
OptiQ1!J!~,.. Dcnial of Braddoc!f&,_J"Qg,l.!LR"gy!;,st
Under thIS optIOn, the adopted Phaslllg Plan would remain in effect and the commercial remodel would
nccd to bc complctcd concurrently with thc 42 units located on Lot 2. Upon completion of tbe
commcrcial rcmodel, thcsc 42 units could be occupied. FolloWlllg the granting of occupancies for thc 42
units on Lot 2, the remaining 14 umts on Lot 3 could be occupied.
Analvsis/General Plan Consistency"
As mentioned above, Braddock &. Logan has bccn under construction Slllce Seplember of 2005
According to thcir construction schedule, tlle 14 units which make up Phase 2 of the project will bc the
first units to he completed and ready for occupancy as early as August of this year. By denying Braddock
and Logan's requcst to amend tl1e adopted Phasing Plan, these 14 Ulllts would remain vacant until such
time tl1at Phase 1, tl1e commercial remodel and the construction of 42 rcsidential units, is completed.
By not amending the adopted Phasing Plan, the proJect would remain consistcnt witl1 tl1e General Plan as
approved by the City Council in June 01'2004
Ootion #3. Aooroval of Alternative Amendment "A" to tl1e Phasing Plan
Under the first of the altemallves developed by Staff, a modificd Phasing Plan would allow for Braddock
&. Logan to obtain occupancies of 14 units in Buildings 3-5 on Lot 3 but would restrict further
occupancies from belllg granted until such lime tbat construction of tl1e commercial remodel was
complete and approved by all applicable City dcpartments and agencies. Upon complel1on and City
approval of the commercial remodel, the remainmg 42 Ulllts could obtain occupancics (Scc Table 2
below).
Table 2. Modified Phasinl! Plan - Alternative Amendment "A"
Phase No. of Units/Souare Footal!e Buildiul! No.
14 Rcsidential Units Buildings 3-5
14,377 so. ft. Commercial Buildinl!
42 Rcsidential Units Buildings 1-2.6-10 and II (Models)
I
2
Ana~vsis/General Plan Consistency'
The adopted Phasing Plan requires the construction of 42 units in Buildings 1-2,6-10 and lion Lot 2 as
part of Phase I and the remaining 14 units in Buildings 3-5 on Lot 3 as Phase 2. The modified PhaslIlg
Plan essentially reverscs the phasing of the residential units by allowmg the 14 units on Lot 3 to bc
constructed as part of Phase I and the remaining 42 units on Lot 2 to be constructed as Phase 2. ThIS
coincides witll Braddock & Logan's construction schedule III that the 14 units on Lot 3 arc already undcr
construction and are expected to be ready for occupancy in August of 2006. Occupancies of tl1e
residential units in Phase 2 would be grantcd following thc completion of construction and final approval
of thc commcrcial rcmodel by all applicable City departments and agencies. While occupancies for thc
rcmaining 42 units would not bc grantcd until the completion of tl1e commercIal remodel, Braddock &.
Logan could procccd with thc construction oftl1ese units.
This modified phasing plan would bc consistcnt with the General Plan policy to strengthen nelgbborhood
shopping centers because it would ensure tlle eventual redevelopment of San Ramon ViIlagc Plaza and
lhereby enhance the economlC vlabihty of the retail componcnt. The introduction of medium-density
rcsidcntial nscs within thc projcct sitc would incrcase tl1e population in tlle area to help support eXIsting
and new businesses.
Page 8 of 13
Option #4_ Approval of AlternatIve Amendment "B" to the Phasing I'!w.
The second alternative developed by Staff would allow the following:
I) Braddock &. Logan could obtain occupancies now for 14 umts 111 Buildings 3-5
2) Braddock &. Logan could obtain occupancIes for an additional 17 units in Buildings I, 2 and 6 once
the commercial remodel was under construction.
3) Braddock &. Logan could obtain occupancies for the remaming 25 units in Buildings 7-11 once tl1e
commercial remodel was completed (See Table 3 below).
Table 3. Modified Phllsine; PIlIn - Alternlltive Amendment "B"
.__,__,__ ...._n_
Phase No. of Units/Square Footaee Buildine No.
f---. .-- --- --- " "'.---
I 14 Rcsidcntial Units____ __ Buildings 3-5
2a 14,377 sq. ft. under construction Commercial Building
2b 17 Rcsidcnt.i~tl!JJ,_tts Buildings I, 2 and 6
3a 14,377 sq. ft. completcd Commercial Building
3b ~_? Re.~}s.lential Units Buildings 7-10 and II (ModelsL_ ..
Analvsis/General Plan Consistency'
This modilled Phasing Plan establishcs milestones which must be reached m order for Braddock &. Logan
to obtain rcsidcntial occupancies. This alternative takes mto consideration Braddock &. Logan's
construction schedule and proposed phaslllg of residenhal units while at the same time ensuring tl1at the
City Council's mtenhon of having thc commercial remodel and residenhal construction occur
simultaneously
Similar to Option #3, Altcrnativc Amcndment "A", Braddock & Logan could immediatcly obtain
occupancies of 14 units in Buildings 3-5 Once buildlllg penUlts are securcd for tl1c commercial remodel
and construction commences on the fayade improvements, Braddock & Logan could tllen obtalll
occupancies for all addlllonal 17 units in Buildings I, 2 and 6. Upon completion of constructIOn and final
approval ofthe commercIal remodel by all applicable City departments and agencies, Braddock & Logan
could then obtain occupancics for tl1c rcmaining 25 units.
IbIS modilled phasing plan would also rcmain consistent with the General Plan pohcies which were citcd
in thc original approvals in that it requires tl1e commercial remodel to be completcd concurrently with the
conslructlon and occupancy oflhe residential units.
Ovtion #5. Another Amendment to be determmed by the Planning Commission
The Planmng C0ll1ll11SSIOn was also given the option to propose an alternative an1endment by modIfying
the proposcd altcrnativcs or crcating a new alternative.
Estimated Construction Timelines
A typical fayade remodel proJect, such as is being proposcd at San Ramon Village Plaza, could be
constructed wlthm 8-10 montbs. Bancor Propcrtics' original estimate proposed that It would take
approximately 5 montl1s to complete the commercial remodel (See Table 4) below. It is unknown at this
time when construction would commence as Buildlllg Penurls have not yct bccn issued. Staff is currently
reviewing tl1e plans for consistency With tl1e onglllal approvals to determine whetl1er changes proposed by
Bancor Properlles are slgmficant enough to warrant City Council rcview and approvaL
Page 9 of 13
Table 4. Estimated Constructiou Timeliues*
....-.r--
._ ..___._.._..___._n__
Construction Complctcd
Commercial Remodel
Unknown
Unknown (possibly
.. pnor to October 2000)
5 months** (March
2007)
Phasc 1
Phase IT
Residential Construction
August 2006
October 2006
Pemllts Issued
Construcl1on Commenced
Phase III
.--.... ._...,..,.._""..._"--~---,.._'---.._-
January 2007
---..
Phase}V~_. February 2007
lit All tim.elines are estimated. Unfureseen cunstructiun delays and market conditions could alter these timclincs.
"According to estimated time frame provided hy BancOT Properties in a leller dated October 18, 2004 (Attaclunent 2).
Undcr Option #3, Altcrnativc Amendment "A" it would be highly unlikely that the commercial remodel
could be completed prior to tl1e complehon of Braddock & Logan's proposcd Phase II (17 units) because
Bancor Properhes has yet to secure Building Permits and commence construction of tl1e commercial
rcmodel and Braddock &. Logan estimates that Phase 11 would be ready for occupancies by October 2006
(See Table 4 ahove).
Under Option #4, Alternative Amendment "B", the commercial remodel could possibly be under
construction by October 2006 at which timc Braddock & Logan anticipates bemg ready to request
occupancies of Phase II but it is unlikely that tile commercIal remodel would be complctcd by January
2007 wben Braddock & Logan anticipates being ready to requcst occupancies for Phase III (See Table 4
above).
As stated earlier in this report, the Building Pemllts for tbe 56 units havc bccn issued and construction is
in progrcss; however, no Permits have bccn issucd for the commercial remodel (See Attachment 3 for
timcline on Building Pcrmit process). In order for Bancor Propert1es to obtain Building Permits tor the
cOl1ffi1ercial remodel, tl1eir Building Permit application would need to be approvcd by all applicable City
departments and agencIes. Per Section 7.28 of the Dublin Municipal Code, final landscape plans and
grading and improvcmcnt plans would also need to be approved by the Planning Division and Public
Works Department, respectively, before the Building DiviSion could Issue Building Permits. Bancor
Properl1es submitted the Final Landscape Plans to tl1e Planning Division for third review on May 23, 2006
and submitted gradmg and improvement plans to the Public Works Department on May 24, 2006 for
second review
Staff Discus~'ions with Applicant
Staff discussed Option #3, Alternative Amendmcnt "A" and Option #4, Alternative Amendment "B" With
Jeff Lawrence of Braddock & Logan. Mr. Lawrence mdicated that their prefcrencc is to move forward
WIth theIr proposed Phusmg Plan which allows the residential units to be constructed in four (4) Phases
and rcmovcs thc commercial rcmodel from thc Phasing Plan. Braddock & Logan has mdicated that they
do not have control ovcr the commercial remodel because they do not own the property on which it is
located.
Millor Cleall-up Items to Stage I and Stage 1 Development Plan (Ordillance 19-04)
As a part of this Planned Dcvclopmcnt Zoning amendment, the following changes are being proposed to
the adopted Stage I and Stage 2 Development Plan m order to correct typographical crrors and minor
inconSistencies between the Development Plan (Ordinance 19-04), the City Council Staff Report dated
May 18, 2004 and the approved Project Plans. A total of four (4) changes arc bcing proposed. These
cbanges would be made to pages 5 and 7 of tbe adoptcd Stagc I and Stage 2 Development Plan (See
Attachment 15).
Page 10 of 13
Proposed Clean-up Hem No_ I
Scction 3 on pagc 5 titlcd "Sitc Area, Proposed DenSities, Phas1l1g and Dcvclopmcnt Rcgulations" Minor
typographical errors were found 111 the .:hart (See Tablc 5 in Attaclunent 15) whIch are mconslstent with
the chart providcd in the City Council StaffRcport, dated May 18, 2004 (See Tablc 6 in Attachment 16).
Stalris proposing the lallowing changcs (Scc Table 7):
-----
I
Table 7. Proposed Chanl!es to neveloPI1l~ntPlan Chart (Ordinance 19-04)
PHASE NO. LOTI MAXIMUM NO. ACRES DlI'S
PARCEL DWELLINGSI lAC
BUILDING AREA
~ 42 CONDOMINIUMS
& COMMON OPEN
SPACE
-8 14 CONDOMINIUMS
56 CONDOMINIUMS
"-~_..._..... ...-.-.-
-".
-t- 2
2.23
PD
STAGE
NO.
_u."'
I and 2
19.28
2
SUBTOTAL.
3
71
2.94
18.30
18.02
I and 2
I and 2
-
COlHffl6r6HII I {} 14,377 SQ. ft. of 1.68 0
relail/efflee I commercial retail
_.._~~.- ...,~
TOTAL 1, 2. 3 56 4.62 12.2
-.-
1 and 2
1 and 2
The changes proposed would correct minor inconsistcncics and typographical errors and are not
considered substantive cbanges. The changcs outlincd in Table 7 include the followmg:
. Change the "Commercial retail/office" text in the Phase No. column to a numerical "I" consistent
with the charl provided III tbe May 18, 2004 City Council Staff Report and Sheet 2 of the approved
Project Plans_
. Changc the "I" in tile Lot/Parcel column to a "2" consistent with the chart provided in tl1e May I~,
2004 City Council Staff Report and Sheet 4 ofthe approvcd Project Plans.
. Change the title of the column "Maximum No Dwellings" to "Maximum No. Dwel1ings/Building
Arca" consistcnt with thc chart provided in tl1e May 18, 2004 City Council Staff Report.
. Change "43" in the Maximum No. Dwellmgs column to "42" consistcnt with Sheet 4 of the
PrOJect Plans and add the word "Condominiums"
. Change "13" in thc Maximum No. Dwellings column to "14" consistent with Sheet 4 of the
ProJect Plans and add the word "Condominiums"
. Add tl1c word "Condominiums" following 56 in the Subtotal row under column Maximum No
DwelhngslBuilding Area.
. Changc thc "0" in thc Maximum No. DwellingslBuildlllg Area column to "14,377 sq ft. of
commcrcial rctail" consistent with the chart prOVided III the May 18, 2004 City Council Staff
Report.
. Under the column PD Stage No add "and 2" to the commcrcial rctail row
. Under tbe column PD Stagc No. add "I and 2" to tl1e Total row
Prooosed Clean'llD Item No.2
On page 5, the "Note" following Temporary Uscs statcs, "Uscs not specifically approved through thc Sitc
Developmcnt Rcview ('or thc projcct shall rcquirc a Site Development ReView Waiver approval by tl1c
Community Dcvelopmcnt Dircctor" Uses arc not approved through the Site Dcvelopment Review
process, they are a function of the zoning. Therefore, a Site Development Rcvicw Waiver to allow for
uses not speCifically approved through a SIte Development Rcvicw would be an lIlaccurale statemcnt.
Page II of 13
This "Note" IS proposed to be revIsed to read as follows: "Uses not sped flcalIy listcd shall require a
mmOr amendment to the Plallncd Dcvelopmcnt Zoning Distnct m accordancc with Section ~.32.()RO oflhe
Dublin Zoning Ordinance."
Proposed Clean-up Item No.3
Se~lion 5 on pagc 7 titlcd "Phasing Plan" This sechon should refcr to Sheet 2 of Exhihlt A-I (proJect
plans 1 not Sheet 4
Proposed Clean-up Item No.4
Section 9 on pagc 7 titlcd "Aerial Photo" Tins sechon should refcr to Sheet 3 of Exhibit A-I (proJect
plans) not Sheet 2.
Planning Commission Action
The Planmng Comnl1sSlon discussed at length thc four options Staff presented at thc Junc 12, 2006
Planning Commission mccting (Attachment 17).
DUling deliberations, thc Planning Commission acknowledged the City Council's intent when approvmg
thc San Ramon Village Plaza development proJect that the commcrcial remodel and construction of 56
resldenhal Ull1ts was to oCCllT simultancously and expressed concern over separating the two components
ofthc project as proposed by Braddock & Logan_ The Commission discussed tl1e options and fell that the
three alternatives which lied residential occupancics to any portion of tl1e commercial remodel, did not
achieve tbe goal of ensuring that thc commercial remodel would be completcd simultaneously with the
residential units. Bccausc Braddock & Logan was Issued Building Permits for the construction of the
residential portion of the proJect and because Bancor Properties has not adhered to the construction
schedule that they prevl(lusly outlincd to City Staff, tl1e CommissIOn fell that Braddock & Logan should
be allowed to separatc thcmselves from tile commercial remodel and obtain occupancies of their umts.
Jcff Lawrence of Braddock & Logan was at the bearing; therc wcre no represental1ves from Bancor
Properties at the Plannmg Commission mccting.
On a votc 3-1-1, with onc Commissioner being absent, the Planning Commission approved Resolution 06-
15 recommending City Council approval of Braddock & Logan's request to amend the Planncd
Development ZOll1ng Phasmg Plan to scparatc the residential portion of Ihe project from tl1e commercial
portion (Attaeluncnt 18). The Planning CommiSSIOn found that their recommendation to the City Council
is consistent witl1 tile General Plan m that no changcs arc proposed to the land uses for the Zoning District
theref(lre the amendment remains consistent with the General Plan land use dcsignation of Mixed,Use.
Thc Commission also found tl1at the amendment IS consistent with Gcneral Plan GUiding Policy A under
Secbon 2.2.3 Nelgbborhood Sbopping Ccnters which is to strengthen existing ncighborhood shopping
centers. The Commission felt tl1at the upgrading of surrounding commercial properties in the City of San
RanlOn and the upcoming proposed rell10del of the Shell Gas Station adjacent to the San Ramon VilIagc
PI"",a shoppmg center would rcsult in an economic incenbve for Bancor Propcrtics to redevelop the
commcrcial portion of tile project. The Planll1ng Commission also felt tllat by allowmg Braddock &.
Logan to proceed with the occupancy oflhe residential portion of the project would result in an incrcase in
the populahon wJthm walking distancc of thc commercial center whJch would help support existing and
new businesses and thus contributc to tl1e economic viability of tbe shopping ccnter
With respect to the minor elean-up Items to the Planned Developmcnt Zoning, the Planning Commission
voted 4-0-1, with one CommiSSIOner bemg absent, recommcnding City Council approval (Attachmcnt
IR)_
Page 12 of 13
CONCLUSION:
Braddock & Logan IS seeking an amendment to thc adopted Planned Developmcnt Zoning District (PA
02-063) to modI fy [be Pbasing Plan for Willows at San Ramon Village Plaza projcct. Willows is part of a
mixcd-use development project whICh I11cl~ldes the remodeling of a 14,377 square foot commercial
buildmg and the conslructlOn of 56 residential units. Braddock & Logan has proposcd a modificd Phasing
Plan which rcmovcs thc commercial remodel from tbe Pbasing Plan and allows for the phasmg of the
rcsidcntial units in four (4) phases. Sluff provided lour options for the PlalIDlIlg COmmissIon's
consideral1on and sought dIrection on which alternative the Planmng Commission would Iikc to
recommend to the City Council. Thc Planning CommissIOns recommendation to the City Council is to
approve Braddock & Logan's rcqucst to amend the adopted Phasing Plan to allow occupancies of the 56
residential units. Thc Planning Commission IS also recommending to thc City Council tile approval of
minor elean-up items to tl1e Planned Development Zoning for thc San Ramon Village Plaza development
prOJect.
RECOMMENDATiON:
Staff recommends that the City Council: I) Rcccive Staff presental1on; 2) Open thc public hcaring; 3)
Take testimony from thc Applicant and the public; 4) Close the pnblic hcaring and deliberate; and, 5)
Waivc the reading and introduce an Ordinance (Allachment 19) approving an amendment to an adopted
Phasing Plan for Planned Development Zoning District (P A 02-063) for Willows at San Ramon VilIagc
and approving minor revisions to the Dcvelopment Plan for Planned Developmcnt Zoning Ordinance (P A
02-063) or provide Staff direcl10n on a dIfferent option.
Page 13 of 13
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BANCOR
PROPERTIES
LLC
M fkvr,..u
- "fl 2"'b 3"
oCr ~,..~
~_ . ./ 6' tI
-~ c?~
~
October 18,2004
Mr EddIe Peabody, Jr., ATCP
Commumty Development DIrector
CIty of Dublin
100 CiVIC Plaza
Dublin, CA 94568
Re: San Ramon Village Plaza
Remodel of 14,500 SF of Existing Retail
Dear Mr Peabody,
BancoI' PropertIes would like to reaffirm our commitment to beautifYing an
Important gateway llltO the City of Dubllll by facihtatlllg the development of
fifty-sIx (56) executive townhouses and the remodeling ofthe remallllllg
worn retail center
Per our meetlllg, you expressed a concern that we were gomg to sell the
townhouses and simply walk away from the remainder of the center WIthout
remodellllg the retail portion of the project. In order to allevIate this
concern, we have agreed to prOVIde addItional mformatIOn, addItIOnal
security, and this WrItten commitment to perfornling the work.
Retail Remodel Schedule
Execute DesignlBuild Contract (Antrim)
Relocate Lumpla House:
DemolItIOn of Buildmgs.
SubmIt Construction Documents to City'
City Plan Check
Begm Construction.
Complete ConstructIOn
10/10/04
12/13/04
01/15/05
01/31/05
03/07/05
04/15/05
09/3.0/05
1459 FIRST STREET
PH (925) 455_1072
LIVERMORE. CA 94551}
FAX '9251455-1436
Attachment 2
Mr. EddIe Peabody, Jr
10/18/2004
Page 2 of2
3~3h
Securitv
In addition, though not required m our conditions of approval, Bancor
Properties has agreed to provIde for performance security m the form of a
bond, cash deposit, banle letter of credit or other form approved by the City
ofDublm, which guarantees the installatIOn of the new drIveway approach
from San Ramon Road and an improved dnve aisle leadmg to the resIdentIal
main street. A bond estimate will be prepared WIth the submIttal of the
constructIOn drawings.
In addItIOn, per your request, we have attached the cover letter and signature
page of our deslgnlbuild contract WIth Antnm Engmeermg and
ConstructIOn, lnc
Ci tv Processmg
Because this project IS of high importance to the City and our wilhngness to
provide addItIOnal documentatIOn and security to ensure the project will be
completed m a timely manner, you offered to expedite our project through
the plan check process. In order to complete the project m timely manner,
the followmg Items require processmg through the cIty' a lot hne adjustment
currently submitted to the city, a buildmg pennit required to relocate the
Lumpla House, a demolition permIt, additional lot hne adjustment, and
huilding permIt for the remodel of the retail center
We apprecIate your in kind cooperatIOn in thIS matter If you have any
questIOns, plellse contact me lit (925) 455-1072
Sincerely
~~
MlChael BandUCCI
President
Attachments
Portion of Antnm Agreement
ANtAl"
iiNGINI5:1!.RINO: &.. CONSTRUCTION, INC.
l..\~ 3"
DESIGN- BUILD'
CON:rRA.CT
Prepared' For~
Bancor Properties LLC
SanRamon Village Plaza
Comer of AlcostaBoulevard
And San Ramon Road
Phone (925) 455-1072
Fax. (925) 4-55-1436
Email: mike@bancorproperties.com
Prepared By:
ANIRIM'
J;;NGlNEERING &. CONSTRucnON, lNC;
-,' .
1635 Chestnut Street
Livermore, CA 94551
Phone (925) 426-2444
Fu (925) 426-0371
i
,
I"
I':
I
,
k
"1- I ,.
.".,~
,...'
"
,I "j: Bancor Pro~fes LLC Dl<Sign BuHd Contract Antrim. Enlln~f1r k C~h$truction.lnc:; Pap 1-
, duly 22. 2004 }
, . l~"tWDll<$t._ Livermore. CA 94550 Bus. (925) 426.2444 Fax (925) 426-0371 License 1/51.6323
~l~I-"J~~'_ !J.:'i.!.b'H$~~Jt',:,-?:;l. j
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61J '30
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,.
July 22, 2004-
i I~
till
Mr. Richard K. Corbett
Bancor' Properties LLC
1",5'3'1" Street
tivermor.e, CA 94550
RE: CONTRACT: DESIGN DEVELOPMENT I FINAL DESIGN
GENERAL CONSTRUCTION
Dear Mr: Corbett:.
EXECUTIVE SUMMARY:
Thank you for the opportunity to have Antrim Engineering & Construction, Inc. provide its services to
you. This writing shall serve as Antrim Engineering & Construction, Inc.' s proposal and contract. for a
Design-Build project including Preliminary Design Development, Working Permit Drawings, and
Construction. The full construction scope and price for the site, addition and interior improvements will
be fully presented as an addendum to this contract
.,
W= reference the parcel map tract 7437 plan, site plan sent to this office. !Reference: Drawings by Dahiin
Group Architects, Planners, dated March 10,2004, site plan and general landscape-plan). Note th'is.site
pllll1lwas for reference only.
..' -
The entire project will encompass two main phases of design,. with a third phase for construction. The
twp<designphases will proceed as stated below.
PrWl..~: , "";1
a......,,,F,IPhase 1
~~n.~ ,. ..:~
~,~~:. ~:'i>
-,.
.rV'\:.' ,":?1\1:"
- , ~ ~
''Il6'''~..
DESIGN DEVELOPMENT REVIEW ,
The existing Site- Plan approval will be used as a. bllllis for fiDal
design. Buildin1::System Design.Programmingc .~I.'.,
Core and Sbell, Construction Definition.
fr",t.. PHASE 2
CONSTRUCTION DOCUMENTS
The i,,~ PHASE 2~
FinaLEngineeringDesign: :"ce. ,,~c, ",' -",-" ,
Shell & Site Construction Documents. :::l:1'e ~.,..
czn.ll..~ ~.,.-, J~<r,_"..
~ cO;;,j: ...r" ~t~
,o;hro."PHASE 2b
~'--~1.r,~~ '~I' \; ~:-~.. I
Permits and Specifications- for Design Build.. ,,-.,
-............'.' ..,.._....-,...,... .:--...;."-... 'I ,..'..,..,..".,.... ...?!:'". ".'."~' ~.', '-.'.' "'-:\1 ~r,lITT~'ur" ,.,. I'"
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t!nJr~ ~W'1?':J~~li'::' ~'.",i~:." ..;.
After Phase 1, Antrim will prepare a preliminary bUdget for construction within 10%' fOr bank loan or
budgeting purposes. Once each portion of Phase 2 is complete, Antrim will revise the construction budget
cost to be used in this contract and added to the contract in the form of an addeudum.
Bonoo, Proportl..llC D<oillD Build Comract
Juty22,2004.
Conlldendaf Worl< Prod"",
Anl!lln Eng_g " COllSlNOtion. Ino. l'oce 2
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Thll fee" for OUI' services for thl!c Phasl!c I dllSign shall be a lump sum CODtrac:t of Six. Thousand. Dollars,
$6,000.00. Exterior improvements, site, preliminary landscape, elevations, schedules). If strI1Cttm1J
engineering occurs (we suggest it does). $5,000 of the phasll-2 fee is to bll applied and done in Phasll 1.
~~:p:~~h:ga~o:S~~~ ~e;~~;: ~~:::::Itl!CNral detail, ~ct1lral, civil \~er~,
II_ -:-- - ~ for ~eering pa~kagll for the_ sfitAne and shehIl of~. I . . th .
.. _ ~ Note; Sllo-<:ontrnctol'S 0 tnm, w OSll pnce IS IDC USlve In e above,
price; are preforming their work per the'plans made by the architecture and structUral plans. Soils reports
have not been figured for in the price, If required by the Building Department we can recommend II soil
engineers to you,_llIld will be glad to hlllp with the selection, thereof.
BllIlcor Properties is to provide all existing Architecmral CAD Files developed by Thll Dahlin Group. The
u.seofthese fill!cwill keep the cost of the final plans on budget.
For Phase 2, No Tenant Improvement ConstrUction or dllsign is planed for at this time. The Exterior
Architectural and Structural construction documents will bll prepared. The existing Civil and Landscape
plans will. be incorporated into the building pennlt packago. The owner will pay for any required revisions
to the- civil or landscape plans. Antrim Engineering will coordinate the design changes with all
consultants. The plans will be submitted to the Building Department for Permit. We have planed for one
round of Plan Check comments revision required by the Building Department.
METHODOLOGY OF DESIGN.
The design will be coordinated in the Interest of Bancor Properties LLC budget. Therefore we intend to
provide a workable plan for construction cost savings measures through value engineering and shared
savings
Value Engineering couples the resources of the design engineering staff of both Bancor Properties LLC,
its consultants and Antrim with the construction and sukontractor team, production persODnll!, safety,
and jurisdictional authorities. This will provide OUI' basis for conceptual design to begin our preliminary
engineering review.
Phase I "Building System Design Programming" includes Investigative Engineering & Design
Dllvelopment. Phase 2 "Building System Working Dl'llwings and CoIlSll'llctlon Manuals" includes
working plms, engineering calculations, general power and utilities of the building, specifications for
Design Build, construction documents, architectural, mechanical and electrical engineering for the shell
space.
Forthcoming will be Phase 3 Construction and the associated project IlWlagement
TIlll importance of the Investigative Engineering and Dllslgn Development Phase of DesilZl1 PTOl>l"aIIUI\in~
cannot he overstated. This Phase will determine the scope of work for the entire project and will influence
the cost of the project substantially. Once conceptual (Investigative Engineering) approval has bl!cl!ll".,"
achieved, Design Development shall proceed and shall become the legal document upon which all the parties.~~'''.
must rely. Then, based upon design development approval, engineering IlIld field constrUction ~~.mts:,U
shall bl!c prepared, followed by construction. 'UZ';;;', "
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BlII100r P",ponl..- UC: Dosip Build C:o,""""
july 22. 21)04
Confidon"'" Work Ptuduct
Antrim Englnooring &; ColllUUoUOo, _
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CONSTRUCTION AND PROJECT MANAGEMENT
~-
Construction budgets can be better determined once all have agreed on the desigtt'~ Uilder separate cover, a
budget for the construction cost will be presented to Bancor Properties LLC designating:Antrim Engineering
& Construction, Inc. as the general contractor; Tbis will be accomplished afterthe,engineering is completed
or atany time after design development has occlllTOd.
This design build method is prepared to achieve results in the best interests of Ban cor Properties LLC
We hope. this budget and methodology of design assists BANCOR PROPERTIES, LLC in acquiring a batter
understanding of the parameters involved. Antrim is open to your suggestions and will make all efforts to
complete your project within budget and on schedule.
Very Truly Yours,
James Scott
Project Manager
Antrim Engineering & Construction, Inc.
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J. HOLD HARMLESS
To the fullest extellt allowable by law, to defend, indemnify and hold. Antrim, its. of!ic""". employees and agents
hannIess from any and all claims, suits, liabilities, Josses, damages or expenses (Including allOmey's fees) On account of
bodily injury, sickness, diseases, delllh, property damage, peI1lonal injury, consequential damages Or any Olher
damages, including liquidaled damages as a result of or alleged to arise as a result of the actions, activities or operation
of BAN COR PROPERTIES, LLC, its agents, employees, officers and/or consultants arising out of or in any way in
connection with thJs project.
K. P;l:.YMENT AND COMPENSATIONl'ROCEDURE
1. For Phase 1 a lump sum of $6.000.00, a retainer of $4,000.00 shall be paid upon execution of this agreement. A
payment of $2,000.00 upon submittal'ofthe preliminary drawings (sketchesl for the shell, once we submit to the
City of Slll1 "-'1'-- 'or planning and Design Review Board.
~':1I't.
Note: Ifp....sttuctW'al oc=, then $5,000 of the Phase 2 fee should be applied here.
2. For Phase 2, a lump smn o. paid as follows: A retainer of hall be paid prior to start of work
for architeclUre and Sltllcture, a progre<s payment. . pon 66%, and a final payment of $7,800 due upon
pennJt submittaL
3. For Phase.3, Construction, Cost to be determined via an addendmn. The billing will be on the percent complete
method with a schedule of values typical for such project in CSI fotmat On an AIA billing form.
4. Bank Inspections: Antrim will coop= with bank inspectors and allow fertile least amount. or on-site inspections.
Inspection from banks will not necessarily mean that the money allowed from the inspection is due to Antrim.
Antrim will submit progress invoices to BANCOR PROPERTIES, LLC and expect money to be paid wilhin 7
days of the request for a draw.
5. Except forth. rellliner (s), whlch is due upon start ofwotk and signarure, payment for engineering shall be due upon
presentation of invoice by Antrim Engineering & Constnlction, Inc.; payment for COnslrUction shall be due in 7
days.
6. No retention shaII be withheld from Antrim for engineering sOTVices in Phase 1 or 2. For COnsll'Uction, Phase 3, Ten
percent (10%) retention may be withheld by owner for progress payments. Final payment and mention shaII be
paid at the end of the project or upon substantial completion, or, per owners' lender regulations but not greater than
10%."
.,
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L. AUflIORlZATION and AGREEMENT
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Weare in agreement to the terms and conditions listed herein.
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DESIGN BUILD CONTRACTqB ~
x. fp?-
Jeffery B. Antrim jA--......s f /9#
Principal
Antrim Engineering & Construetion, Inc.
-;..
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Richard K. Corbett.
JvfAnAVng Member
Bancor Properties, LLC
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BllIcor I'n>p<rti<< u.c De<lgn Build Coo",""
July no 2004
CI)nf1dentiliU Work ProdUl::l
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Building Permit Submittal History
q'b 3(0
San Ramon Village Plaz.a Commercial Remodel
February 10, 2005 Bancor Propertics submits Building Permit application and project plans for exterior
rcmodel for San Ramon Villagc Plaza commcrcial ccntcr, pcmlit application lists Bancor
Propcrtics as thc Owncr
March 29, 2005 Staff completes the reVIew of the Buildmg Pemllt applicahon and proJect plans and
provides Bancor Properties with comments
September 26, 2005 Staff scnds lcttcr to Bancor Propcrtics advising thcm that thcir Building Pcrmit
apphcal10n has explTed
September 28, 2006 Bancor Properties requests an extension on their Bui tding Permit applicatIOn stahng they
would be resubmitting tl1eir project plans within a few weeks; After exammahon of the
file is was detemlined that the application would expire on September 29'\ therefore
Staff was able to grant tl1e extension to December 1,2005
December 2, 2005 Bancor Propcrtics resubmits project plans for second revicw, requiring Bancor Propcrties
to renew the pemlit apphcal10n
December 28, 2005 Staff completes the review of tile proJect plans and prOVIdes Bancor PropertIes with
comments
May 23, 2006 Bancor Propcrtics rcsubmits project plans for third rcvicw
Willows (al San Ramon Village ReSidential Construction
February 8, 2005 Braddock &. Logan submits Building Pcrmit application and receives the pcrmit to
demohsh 34,000 square feet of an eX.lstmg commerCial building at San Ramon Village
Plaza
Marcb 4, 2005 Braddock & Logan suhmlts Building Pemllt applicahon for a master plan check for the
construction of 56 units at San Ramon Village Plaza
April 4, 2005 Staff completes tl1e review of the Building Permit application and project plans and
providcs Braddock &. Logan with commcnts
May 24, 2005 Braddock & Logan resubmits project plans for second review
June 17, 2005 Staff completes the review of the project plans and provides Braddock & Logan with
comments
July 22,2005 Braddock & Logan resubmits project plans for tbird review
August 15, 2005 Staff complctcs thc rcvicw and approval ofthc mastcr plans.
August 17, 2005 Braddock & Logan submitted 11 apphcatlOlls for 56 umts
August 22, 2005 Staff faxed invoices for the II pennits to Braddock & Logan.
September 2~, 2005 Building Pcrmits issued
Attachment 3
BRADDOCK & LOGAN SERv,cl?l~ 3~
51 m~pERS - DEVELOl-'ERS
ESrABLlSHED 1y47
P O. BOX 5300
DANVILLE, C.M.IFORNIA 9452n-HPo
TELEPHONE (n5) 736.40UO
FACSiMILE (925"1 fi4f!-5700
October 18, 2004
Mr. Eddie Peabody
Community Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject:
San :Ramon Villal!c Plaza
Dear Eddie:
As you are aware Braddock !Illd Logan will be purchasing and constructing tl1e 56.
townhouse units known as San Ramon Village. We will close on Phase r consisting of 42
units at tl1e end of October of this year. Phase II consisting of 14 units is located at the
site oftl1e fonner dry cleaners and needs ground remediation work. We will purchase
Phase II once tl1e remediation work is complete and accepted by tl1e overseeing agency
Our agreement witl1 BANCOR IS a follows. As soon as tl1e Lumpia House relocates to
tl1e new space being remodeled by BAN COR, Braddock and Logan will demolish both
the Phase r & II commercial buildings. According to our agreement, Lumpia House must
be relocated no later than January 15, 2005 BANCOR will tl1en perfonn tl1e necessary
remediation work. In the meantime, Braddock and Logan will process Improvement
Plans and Final Map for tl1e entire Phase 1 & IT (56 unit proJect). In April of2005
Braddock !Illd Logan will begin site improvements for tl1e entire residential project.
We are looking forward in working with you and the City of Dublin' on tl1is project. If!
can be of further assistance, please call.
Sincerely,
BRADDOCK AN
.
Darrell E. Bolognesi
Land Acquisitions & Planning
~ECe."'e.o
Gel '2. 2. 2.004
OU6L1N PLANtl'tlG
Attachment 4
04/27'2006 10 31 FAl 9266466700
B,."ddock&Logao
fajooz.'OO{
Il"Q 3(P
April 20, 2006
BR.ADDOCk & LOGAN SERVICES, me
BUlLDER.S . PEVEI-OPEl\S
EST ABL.ISHED 194'
P O. BOX 5300
bANVILLE, CAUPOIrnIA 94S26-l0"7f.
TIiI...EPHONE (n5) 736.4000
FACSIMI~f Ins) 648-"00
J~~
Sent by Facsimile (925) 455-1436
Bancor Properties
1459 First Street
Livermore, CA 94550
Attention: Mike Banducci
RE: SAN RAMON VILLAGE, DUBLIN, CA
Dear Mike'
As you BIld I have discussed on the telephone, tl1e City of Dublin has notified
Braddock & Logan that it is interpreting the Conditions of Approval for the San Ramon
Village project to require that all upgrades on the commercial project be completed, that
additional handicap parking be i]1stal1ed on the commercial project site and that the
commercial property be ful1y sprinklered orior to electrical meter release, gas meter
release or final approval of any unit on the residential proj ect. I am attaching a copy of
the City of Dublin Inspection Report dated April 14, 2006, which sets forth these
requirements, for your reference.
You and 1 have previously discussed Seller's responsibilities to complete the
commercial project rmprovements under the Real Estate Purchase Agreement and Joint
Escrow Instructions dated September 21,2004, pursuant to which Braddock & Logan
Group III, L.P purchased the subJect property That Agreement provides: "Seller shall
timely complete all improvements required for the development and improvement of the
Commercial Parcel, -[and] shall timely complete all conditions of approval that affect the
Commercial Parcel solely ," (purchase Agreement Paragraph i S.D). I understand from
your voicemail message to me this morning that you are meeting with the City to resolve
the outstanding issues. As I am sure you are well aware, it critical to Braddock & Logan
Group III, L.P that its construction timetable not be delayed due to issues relating solely
to the commercial parcel. Any such delay will cause Braddock & Logan Group III, L.P
to incur substantial financial damages. Braddock & Logan Group nI, L.P. is relying on
Bancor to resolve these issues timely so as to permit construction to continue witl10ut any
delay, as requITed by the Purchase Agreement.
Please let me know if you require any assistance or infornlation from Braddock &
Logan in your negotiations with the City
Attachment 5
04127/2006 THU 11:34 [TX/RX NO 9676] 14i002
04/27 '2008 10 33 FAX 9256480700
Bl'a,ddock&Logao
1aJ003/Cn'4
12.~ 3~
Mr Mike Banducci
Page 2
April 20, 2006
Thank you for your continued work on this matter.
Very truly yours,
~-
UJ4'-'
Robert S Miller
General Counsel
cc: Jeff Lawrence, Braddock & Logan
Attachments
04/27/2008 THU 11. 34 lTX/RX NO 9576J 141003
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San Ramon
Village
Townhomes
B raddoc k & Log a n
Se rv ices, Inc.
Damille, c;
II THE
GUZZARDO
PARTN!:RSHIP INC
la:"lc\5ta pe Ar,h it.ect5 ~ Lar.d PI anne~
53G MontgomE-"!"i Street
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Date: 'l','ll.~;(:S
OS/22/2006 09 41 FAX
lll'addOck&Logan
141 002/00.2
\ltf> ~
JIlt
a~ADOOCK &. LOOAN SgRVICt;S, INC.
BlJIWllRS OBVllLOPERS
IlST ABL-ISHEO 1947
P O. BOX 53(1)
DANVILLE, C.....LlflORNIA 94;"i~6.l.ml;
TEl...SPHONE en,:!) 736-4(1)0
FACSIMtLE 192.5) (!4K.S700
VIA FACSIMILIE. (925) 833-6628
May 22, 2006
Ms. reri Ram
Community Development Director
City of Dublin
100 Civic Pl117..a
Dublin, CA 94568
Re: San Ramon Village
Phased Occupancy Request
Dear Ms. Ram:
I am writing in response to your letter to me dated May 18, 2006, in whicb you denied
Braddock & Logan's request for approval of a Phased Occupancy Permit for the San Ramon
VillageIWillows project in Dublin. On May 19, you and I met to discuss your letter and
Braddock & Logan's response to tl1e City's position as set forili in your letter. We agreed that
while Braddock & Logan does not agree witl1 your interpretation of tl1e legal standing of the
project pursuant to the approvals which have already been granted by the City of Dublin, we
would work witl1 you in good faitl1 to amend tl10se approvals to satisfy the City's concerns as to
the Phasing Plan. Based on tl1at understanding. you agreed tl1at the City staff would put this
matter on the agenda for the Planning Commission hearing on June 12, 2006 and a City Council
hearing on June 20, 2006 to approve the required changes to tl1e approvals to pennit Braddock &
Logan to proceed with its proposed Phasing Plan for the residential portion ofthe project. You
further agreed to permit Braddock & Logan to proceed witl1 all aspects of constIuction including
providing all necessary inspections and other steps necessary for Braddock & Logan to open
models and proceed witl1 production of tl1e project. I agreed, on behalf of Braddock & Logan,
that Braddock & Logan would not allow any oftl1e units to bc occupied by residential
homeowners until the hearing of the City Council on June 20, 2006. We will, however, proceed
to use a certain number of the buildings under constIuction for models and sales office purposes.
Braddock & Logan will notify all prospective home purchMers of limitations on the use of the
property for residential purposes prior to that date. If I have misstated our agreement in any way,
please contact me immediately
Very tIuly yours,
c
-~~
effLawrence
- --..--
Attachment 7
OS/22/2006 MON 10 44 [TX/RX NO 9992] ~002
11.0[) ;: (il
f&~i
\l~(~ ~.a2
---t\ ~ 'I)
'-(111~
CITY OF DUBLIN
100 C.ivic Plaza, Dublin, valifornia 84568
WebSlte: htlp:/Iwww.ci.dublin.ce.lJ"
May 22, 2006
Mr Jeff Lawrence
Braddock & Logan Services, llC.
4155 Blackhawk Plaza Cirele, Suite 201
Danville, CA 94506-4613
Re: San Ramon Village
Phased Occupancy Request - Response to letter dated May 22, 2006
Dear Mr Lawrence:
This letter is in response to your letter datcd today regard1ng tl1e denial oftl1e Phased
Occupancy Request. Your letter IS reflective of our understandlllg witl1 tl1e following
caveats:
I, The City is willing to issue temporary certificates of occupancy for the models if
tl1e City receives a letter from Braddock & Logan indicatlllg tl1at B&L is
proceeding at tl1elr own nsk III opening tl1e models and selling units; and
2. Any notification to prospective purchasers should inform them tl1at no
occUpancIes will be granted until tl1e P.D Zoning is changed for tl1e site - not as
stated in your letter "that Braddock & Logan will notify all prospective home
purchasers oflilllltatlOns on the use of the property forresidential purposes pnor
to that date."
@-
Community Development Director
Cc, Rich Ambrose, City Manager
John Bakker, Assistant City Attorney
Gregory Sln'eeve, Building Official
Mary Jo Wilson, Planning Manager
Araa Code (925) . City Manager 833-fi.650 . City Council 833-6650 . Personnel 833-6605 . EconomIc Development 833.6650
Finane!;!' 633-6640 . Publi(: Work$!Enginaering 833.6630 . Parks. & CommunIty Servie;Qs 833"6645 police 833-6670
Planning/Code Enforcement 833-6610 . Building Inspaction S33r6620 . Fire Prevention Bureau 833-6606
Printed on AecyclAd Paper
Attachment 8
OS/23/2006 14:41 FAX 9256485700
Draddock&Logan
~ 002. 00.2
\C1 iXQ~~(o
JI~
BRADDOCK & LOGAN SERVICES. INC.
liUILDERS - DEVB)~upER$
ESTAJ~LlSHED 1947
POBOX 53UO
PANVILLE. CALlFOR.N'IA 94521'.-11)7(,
TELEPHONE f~2;!i} 7J6-40no
FA('SIMUJE (925) 648-5700
VIA FACSIMILIE. (925) 833-6628
May 23, 2006
Ms. Jeri Ram
Community Development Director
City of Dublin '
100 Civic Plaza
Dublin, CA 94568
Re: San Ramon Village
Phased Occupancy Request
Dear Ms. Ram:
I am writing in response to your letter to Jeff Lawrence dated May 22,2006, regarding
Braddock & Logan's request for approval of a Phased Occupancy Permit for the San Ramon
ViIlagefWillows project in Dublin. Mr. Lawrence is out of tl1c office for tl1e next few days and
has asked me to respond on his behalf.
Tn response to the items set forth in your letter, Braddock & Logan responds as follows:
I. Braddock & Logan agrees that from this point forward it is proceeding at its own risk in
opening models and selling units until tl1e City Council addresses tl1is issuc at its meeting
on June 20, 2006.
2, Braddock & Logan will notify prospective purchasers that the City of Dublin has
informed it that the City will not grant any occupancies until the P.D Zoning has been
changed for the site and that the City has scheduled this item to bc agendized for a City
Council meeting on June 20, 2006.
Very trUly yours,
~ lJf2-
,
Robert Miller
General Counsel
cc: Jeff Lawrence
Jerry Cody
Attachment 9
OS/23/2006 TUE 15:45 [TX/RX NO S030J ~002
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GINnAL NOTIS:
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ST AGE 1
PLANNED DEVELOPMENT
ZONING EXHIBIT
TRACT 7437
SAN RAMON VILLAGE PLAZA
ClTf or DUJWI
00IJJflT 01 ALUIJDA
0' -4(]' 120' 160'
L r'K'''''''m-'-l J
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I),I,m lIARCH 10, 2QO;I
JOB NO. 1114-00
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serv~ to integrate tl1e two development areas. The development concept is further depicted in the
Development Plan and project plans (Exhibit A to Attachment 2).
216() ~(p
Stage 1 and 2 Development Plan:
The Dublin Zoning Ordinance established tl1e intent and requirements of a Planned Development District.
The intent of the Planned Development District is to create a more desirable use oftl1e land, a more
coherent and coordinated development, and a better physical enviromnent that would otl1erwise be
possible under a single zoning district or combination of zoning districts. The Planned Development
district requires that a Stage I and 2 Development Plan be adopted to establish regulations for tl1e use,
development, improvement and maintenance of the property within tl1e requested Planned Development
District. The Applicant is applying for a Stage I and 2 Planned Development for the subject site in
accordance witl1 the City's Zoning Ordinance.
The Stage I and 2 Development Plan for tl1e entire 4.62 acres would establish the land uses and densities
allowed witl1in the entire site. The land use designations and proposed development mix consists of
retail/office uses in the northerly portion of the site and medium high density residential in tl1e southerly
portion oftl1e site. The proposed mix is depicted in Sheet 4 oftl1e project plans (Exhibit A of Attachment
2).
1. Site area, proposed densities and phasing plan.
The following table describes tl1e distribution of uses and densities on tl1e overall site. The
development oftl1is project is proposed in two phases. Phase One consists of construction of
improvements witl1in Lots 1 and 2 including the redevelopll1ent of the north portion of the
commercial site, construction of 43 residential units witl1 associated streets, guest parking, sound
wall, landscaping and fencing, tot lot and common areas, and tl1e under grounding of utilities
along San Ramon Road. Phase Two includes construction of the remaining 13 condominium units
with private streets and drives to access said units.
2.23
DU'S/AC PD
STAGE
NO.
19.28 1 and 2
PHASE LOT/ MAXIMUM NO.
NO. PARCEL DWELLINGS/
BUILDING AREA
1 2 43 Condominiums and
common open .naCe
2 3 13 condominium.
SUBTOTAL: 56 Condominium.
1 1 14,377 sq ft. of
commerdal retail
TOTAL 1.2,3 56
ACRES
.71
2.94
18.30 1 and 2
18.02 1 and 2
1.68
o t and 2
4.62
12.2 1 and 2.
Uses: The proposed Development Plan includes a list of permitted and conditional uses and development
regulations that are specific to this project. Permitted uscs for tl1e commercial component are generally
consistent witl1 the eN Zoning District and for tl1e residential uses are generally consistent with tl1e RM
District. The Slage I and 2 Development Plan is specific to tl1e current proposal. Therefore, residential
uses are not permitted in the area shown for retail/office and similarly retail/office uses are not permitted
in tl1e residential development area. The Applicant indicates that at some point in tl1e future he would
consider redevelopment oftl1e commercial portion oftl1e site to add residential uses. However, any such
change would require an amendment oftl1e Stage land 2 PD
300 1\
Attachment 11
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RESIDENTIAL BUILDING ELEVATIONS
8-UNIT BUILDING 1 & 7
TRACT 7437
SAN RAMON VILLAGE PLAZA
_ ~:EL:E:::::::
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TRACT 7437
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of the Stage I, Stage 2 DeveIoprDent Plan, TentatiVe M"apiilldSifuDevc}opment'
Review proposal on file in the Community Development Departlnent unless
modified by the Conditions of Approval contained herein. The Vesting Tentative
Man and Site Development Review are only effective upon approval by the City
Council of the Geneml PIau. Amendm<mt, PO re.wning with Stage I Development
Plan and the Sta e 2 Develo ent Plan.
Standard ConditiollS (Site Development Review). The ~ect shall comply
with the City of Dublin Site Develo ment Review Standard Conditions.
Stalldani Public WorkS ConrlitioDSol Appl'Ov8l. Developer shall Comply with
all applicable City ofDublin Standard Public Works Conditions of Approval
dated February 10, 2004 unless specifically modified by these Conditions of
A val
Tenn. Approval of the Site Development Review shall be valid for one year
from effective daUi of pennit approval. If constrllCtion has not commenced by
ilia! time, this approval shall be nun and void. The approval period fur Site
Development Review may be extended six. (6) additional months by the Director
of Community Development upon determination that the Conditj(1I1S of Approval
remain adequate to assure that the above stated findings of approval will continue
to be met. (ApplicantlI)eveloper- must submit a written request fur the extension
rior to the ex italion date of the Site Develo men! Review.
PL,B
PW
PL
Building Codes and Ordinancll8:AlI project coustruction shall conform to all
buildin codes and ordinances in effect at the time of the buildin h.
Constrnetion drawings: Construction pll1ns shall be fully dimensioned
(including building elevations) accurately drawn (depicting all el;isting and
proposed conditions on site), and ptepared and signed by a California licensed
Architect or Engineer. AU structural calculations shall be ptepllI'ed and signed by
a California licensed Architect or Engineer. The site plan, landscape plan and
details shall be consistent with each other.
Building Permits. To apply for building pennits, ApplicimtlDeveloper shall
submit eight (8) sets of construction plans tu the Building Division for plan check.
Eaeh set of plans sbllll have attacbed an annot.ated eopy of tbese CooditiollS
of Approval. The notations shall clearly indicate how all Conditions of Approval
will Or have been <:omplied with. Construction plans will not be accepted without
the annomted resolutions attached to each set ()fplans. ApplicantJDeveloper will
be responsible for obtaining the approvals of all participation non-City agencies
rior tu the issuance ofbuiIdin its.
Engineer Om.ervation. The Engineer of record shall be retained to provide
. observation services for all components of the lmeral and vertical design ofilie
building, including nailing, holddowns, straps, shear, roof diaphragm and
structural frame of building. A writtcn reoort shall be submitted to the City
Ins <:ctor rior to schedulin the f'mal frame ins ection_
{'based Occopancy Plan. f occu anc is uested tu occur in bases, then all
physical improVenl!':nt< within Clll.Ch nh8se shall be t'eQuired to be como pnor
to occunancv of aT1~ bund;ne~ with1.ll1hat phase ~~ for items snecificallv
excluded in an aonrovoo Ph~RP!ti Occn~n,-'1 Plan: err minor h::otndwork items~
aDtll'Oved by the Denmtm"nt of Community Develqpment_ The Phased
Occupaney Plan shall be Sllbnlltted to the Director of Community DevelOjllllent
and Public Worb for review and approval a minimum of 45 days prior to the
reqUllst for occupancy of any building covered by said Phased Occupancy Plan.
An hasino- shall vide for ade ua:te vehicular access tu all eels in. each
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Attachment 14
10.
phage, and shall substantially conform to the intent Ilnd pu.rpose of the subdiVision
aPproval. No individual building shall be occupied until the adjoining area is
finished, safe, accessible, and provided with all reasonable expected services and
amenities, and separated form remaining additional construction lWlivity Subject
t<;l ~pproval <;lfthe Director of Community Development, the completion of
landscaping may be deferred due to inclement weather with the posting of a bond
fro th.e value oftbe deferred iandsc in and associated 1m rovements.
Pel"ll11ts for Aecessory item$.. City of Dublin Building Pennits shall be obtained
prior to installation of all accessory buildings, sigllage, and play struCtUres, Mail
Kiosks, et:ceTll1'll.. Access to the Play Structure shall meet Ihe dis~bled accessible
requirements. All electrical, and plumbing to exterior lights and fountains shall
have Buildin Division ermits.
Air Conditioning Units - Air conditioning units and ventil~tion ducts shan be
screened from public view with materials companb1e to the main building and
shall not be roof mounted. Unirn shall be permanently installed on concrete pads
or olher non.-movable materials. The Building Official and Director of
Community Development shan approve location and screening m~terials prior to
install~tion.
Temporary' Fencing. Temporary Constro~on fencing sball be installed along
weter of an work under construction.
Automatic Garage Door Openers - Automatic garage door openers shall be
provided for all dwelling units and shall be of Ii. rolI-up type. Garage doors shall
not intrude into Ihe 'vate access easements.
Addressing.
a) Provide a site plan with the City of Dublin' s address grid overlaid on the
plans (I to 30 scale). Highlight all exterior door openings on plans (front.
rear, garage, em.). (Prior to release of addresses)
h) Provide plan for display of addresses. The Building Official and Director
of Community Development shall approve plan prior tc issuance of the
fITS! building peJ1llit. (Prior to permitting)
C) Addresses will be required on the front ofilie dwellings. Addresses are
also required near the gaI'llj!e door opening if the opening is not on the
same side of the dwelling lIS the front door. (Prior to permitting)
d) Town homes I Condos are required to have address ranges posted on
street side of the buildings. (Occupancy of any Unit).
e) Address signage shalJ be provided as per the Dublin Residential Security
Code. (Occupancy of any Unit).
fl Provide a site plan wilh th.e approved addresses in I to 400 SOlie prior to
~pproval or release of the projeot addresses. (prior to permitting)_
~ Exterior address numbers shaUbe bacldiglrt>and be postl'ld in such B way
that they m~ybeseen froIllthe street. (Prior to permit issuanoe, and
throu com letion)
i RMailling -.I'1lIis. All retaining waIls over 30 inches in height and in Ii wal1.'WllY
I shall be provided with guardrails. All retaining walls over 24 inches with R
surcharge or 3 {; inches without a surcharge shall obtain permits and inspections
from Building Division.
11.
12.
13.
14.
I~,
16.
Green Bnilding Guidelines. To the extent practical, the ~pplicant shall
incorporate Green Building Measures. Green Building plan shall be submitted to
the Buildino; Official for review
StOnt!!" Area llpd Meter Closets. Storage area arid meter closets shall be
9
17
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lss.usnoe of
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and througb
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Issuance of
Building Pcrmi~
Issuance of
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Is!lU3DCe of
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Temporary Uses: The following temporary uses are allowed provided they meet the regulation.~
and procedures of the Zoning Ordinance for Temporary u.\'es:
I Tract and Sales OfficefMode1 Home Complex
2. Arts and Crafts Fair
3 Fireworks Sale
4 Outdoor sale by cstablishcd business establishment
5 SubdIvision signs, office, sales and cquipmcnt yard
6. Tcmporary Construction trailer
7 Pumpkin, Clnistmas Sales Lots
Notc: Uses Hot speeil1eally appn1ved tbrou/;;h the Site Devel0Jlffieat Review f0r the Jlmjeet shall r0ljllire a
Site De':eloflmeRt ReView Waiver apJlroyal by COffiffiHaity DeY010plH~Ht Dir0s10r Uscs not specificallv
listed shall require a minor anlendmc!.l!.Jo thc Planned Development Zoning District in accordance WJth
SectllJll 8.32_080 ofthe Dublin Zoning Ordinancc.
Undcr tl1c proposed tenant mIX, restaurant uses would account for 5,500 square feet of floor area. Prior to
approving a tenant improvement / City business licensc for additional rcstaurant floor arca San Ramon
Village Plaza, the applicant shall provide evidencc to thc satisfaction of thc Community Development
Director that parkmg available at the center is adcquatc to support additional rcstaurant uses.
Dublin Zoning Ordinance - Applicable Requirements: Except as spccifically modil1ed by the
provisions of tins PD District Rezone/Dcvclopment Plan, all applicable gcneral requirements and
procedures of the Dublin Zoning Ordinancc shall be applied to the land uses designated in tblS PD Dlstnct
Rezone.
2. Stage 1 and 2 Site Plan. See Sheet 4 of Exhibit A-I (project plansl.
3. Site Area, Proposed Densities, Phasing and Development Regulations.
PHASE NO. LOTI MAXIMUM NO. ACRES DU'S PD
P<l.RCEL DWELLINGSI BUILDING lAC STAGE
AREA NO.
-.....-....-.,-.-- ._.~~,,,..,,'--,,,,-
I + ~ ,g 42 CONDOMINIUMS & 2.23 19.28 I and 2
-.. COMMON OPEN SPACE
"...,.
2 3 .. .____:':0114 CONDOMINIUMS 71 18.30 I and 2
-.
---, SUBTOTAL. 56 CONDOMINIUMS 2_94 18_02 I and 2
........ .--...---.-.
-. .-~'".,."
( emmercial 1 9 1;t37L~'k It of commeTcial 1.68 0 1 and 2
retail'effi6e 1 retail
._--....,..._.._.~--._._-_.._.--_._--.- f----.
-- -,.,-.......--..
TOTAL 1,2,3 56 4.62 12.2 1 and 2
_~,'n .."....,
*Strikeouts denote deletions; Undcrlines denotes additIons_
Residential Medium Densitv Homes (Townhome-stvle Condomimiums)
Mimmum Lot Size per d.u.
MaXimum densitY'
Minimum Site Area_
Minimum Buildmg Setbacks:
2,000 sq ft.
56 units
2.24 acres
10' minimum
A. Public Street Frontage:
Front Yard Setback:
10' minimum,
5
Attachment 15
1/6 q}Jfp
Setbacks:
A. front:
B Sidc:
C Street Side:
DRear'
20 ft. minimum
o It mimmum, except shall be 10 fl. wbere abuttmg
residential
lOft. minimum
o ft. minimum
Hcight:
36 ft. maximum
Coverage:
N/A
Parking/Garages:
Compact Spaccs.
As required by City of Dublin Off-street parking standards
35% of total requITed parkmg. maximum
4. Architectural Standards. See attacbed Floor Plans and Elevabons by The Dahlin Group,
Shccts A.I tbrough A-18, contained in Exhibit A-I (project plans). Any modifications to the
prOJect design shall be substantially consistent witl1 tl1ese plans and of equal or superior
materials and dcsign quality
5. Phasing Plan. The site will be developed in up to two phases. Refer to Sheet 4 ~ of Exhibit
A-I (project plans)
6. Master Neighborhood Landscaping Plan/Preliminary Landscape Plan. Refer to Exhibit
A-I (project plans). Sheets L-I through L-7, Preliminary Landscaping Plan by The Guzzardo
Partnership. All Project monumentation and entry signs shall conform to Sheets L-6 and L-
7, Preliminary Landscaping Images and Details of tl1e Project Plans. A final Landscaping
Plan will be required to bc submittcd and approved prior to building permit issuance..
7. General Plan Consistency. San Ramon Village Plaza proJect mcludes a General Plan
amcndment whICh modifies General Plan maps and text for the project. The project PD-
zoning and thiS Stage I and 2 Development Plan shall not be effective until the above
general plan amcndments are approved and effective.
8. Inclusionary Zoning Regulations. To satisfy tl1c City's Inclusionary Zoning Ordinancc
(Dublin Municipal Code Chapter 8.68) and any amendments thereto, 12.5%, or 7 dwelling
units 111 the proJect must be Inclusionary units in accordancc with thc rcgulations of thc
Ordinance. Thc Applicant/Developer shall construct all 7 umts III Phases 1 and 2, and
designate those units as for-sale ("ownership") Inelusionary units affordablc to very low-,
low-, and modcrate-incomc households, and shall enter Illto an agreement wltb the City to
impose appropnate resale controls and rental restrictions on tl1e units, prior to recordation of
final map
9. Aerial Photo. See Sheet;! J of Exhibit A-I (project plans).
10. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided
in tbis Stage I and 2 Development Plan, thc IISC, dcvelopmcnt, improvement and
maintenance of thc Propcrty shall be governed by the prOVISIons of tbe Dublin Zoning
Ordinance pursuant to sectIOn 8.32.060.C
7
------.-..--
2t1G'{) 31p
Tablcs from City Council Staff Rcport
Table 5. Ordinance 19-04 Development Plan Chart
PHASE NO. LOTI MAXIMUM NO. ACRES DU'S PD
PARCEL DWELLINGS lAC STAGE
NO.
I 1 43 & COMMON 2.23 19.28 1 and 2
OPEN SPACE
2 3 13 71 18.3 1 and 2
- I and 2
SUBTOTAL: 56 2.94
Commercial 1 0 1.68 0 1
retail/office
TOTAL 1,2 3 56 4.62 12.12
Table 6. May 18, 2004 Staff Report Chart
PHASE LOTI MAXIMUM NO. ACRES DU'S/AC PD
NO. PARCEL DWELLINGSI STAGE
BUILDING AREA NO.
1 2 43 Condominiums and 2.23 19.28 1 and 2
common open space _~__..~". .u.~
2 3 13 condominiums .71 18.30 1 and 2
SUBTOTAL: 56 Condominiums 2.94 18.02 1 and 2
-'"......"...."...".
1 1 14,377 sq fl. of 1.68 0 1 and 2
commercial retail
TOTAL 123 56 4.62 12.2 1 and 2
Attachment 16
,.
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Planning Conlmission Minutes
bl.(f'l
CALL TO ORDERlROLL CALL
A special meeting of the City of Dublin Planning Corrunission was held on Monday, June 12,
200t), in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to
order at 7:0:2 p.m.
Present: Chair Schaub, Vice Chair Wehrenberg, Corrunissioners Biddle and King; Jeri Ram,
Community Development Director; John Bakker, Assistant City Attorney; Mary Jo Wilson,
Plarming Manager; Richard Ambrose, City Manager; Gregory Shreeve, Building Official, Mamie
Nuccio, Associate Planner; and Rhonda Franklin, Recording Secretary.
Absent: Cm. Fasulkey
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUfES OF PREVIOUS MEETINGS
The Apri125, 2006 minutes were approved with a minor amendment.
ORAL COMMUNICATIONS
5.1 Housing Committee Appointments
Chair Schaub asked for the Staft Report.
Ms. Teri Ram, Community Devdopment Director, presented the specifics of the item as outlined
in the Staft Report.
Chair Schaub opened the floor to nominations. Chair Schaub nominated Cm. Biddle.
Hearing no further nominations, Chair Schaub closed nominations.
On a motion by 01air Schaub, seconded by Vice Chair Wehrenberg, and by a vote of 3-0-2, with
Cm. King and Cm. Fasulkey absent. the Planning Commission appointed Cm. Biddle as the
Planning Commission Liaison to the Housing Committee.
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS
7.1 2006-2007 Update to the 2006-2011 Capital Improvement Program (CIP)-
Approval of elP projects and their conformance with the City's General Plan.
Chair Schaub asked for the Statf Report.
14- tM -0 '=-
,=>.&1.
(PraWn,tI'l! ( omm,tssi{,lt/
'\pffC1.aJ'Mei.-'tm{}
52
'}r1.11t/ 12, 200()
~~t11.U1t- '7
Mr Richard Ambrose, City Manager, presented the specifics of the Capital Improvement
Program as outlined in the Staff Report.
Chair Schaub asked if ISTEA (210) was a sales tax revenue. Mr Ambrose said no and explained
the source of the ISTEA revenue.
Vice Chair Wehrenberg asked about the Building Management Study Mr Ambrose stated that
a primary objective of the Study is to identity maintenance frequencies for major building
components. Vice Chair Wehrenberg asked if the City strives for developing energy-efficient
buildings, and Mr Ambrose said yes.
Cm. Biddle asked about the reconstruction schedule of the Shannon Community Center Mr.
Ambrose stated that it is anticipated that plans would be brought before the City Council on
July 18, 2006. Cm. Biddle asked about the capacity levels of the new Center Mr Ambrose
stated that the capacity level of the largest room in the new Center is designed to accommodate
up to 300 persons.
Cm. Biddle asked about the City's plan to partner with the Emerald Glen Park Recreation and
Aquatic Complex, and Mr Ambrose stated that it remains tentative.
Chair Schaub stated that he was glad to see the Telecommunications Plan as part of the
Program.
Cm. Biddle asked about the construction schedules for the East Dublin BART Garage and the
West Dublin BART Station. Mr Ambrose stated that bonds for the West Dublin BART Station
should be issued by the end of this month, and the East Dublin BART Garage is scheduled to
begin construction in August ot this year
On a motion by Vice Chair Wehrenberg, s"conded by Gn. Biddle, and by a vote of 3-0-2, with
Cm. King and Cm. Fasulkey absent, the Planning Commission adopted.
RESOLUTION NO, 06-14
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
FINDING THAT THOSE PROJECTS COVERED IN THE ADOPTED GENERAL PLAN AS
PART OF THE 2006-2011 CAPITAL IMPROVEMENT PLAN (CIP),
OF THE CITY OF DUBLIN ARE eONS IS TENT WITH THE
ADOPTED CITY OF DUBLIN GENERAL PLAN
~~~.
PUBLIC HEARINGS
8,1 P A 06-034 Amendment to an adopted Planned Development Zoning District
(P A 02-063) for Willows at San Ramon Village (formerly known as Bancor
Akosta).
M4'f1.n!'UH L(lm1nis,;in~
,\rl.'(.1~ll ''''f~:et;tf1f1
, .'
53
yunt 12. /OVt,
For the record it is noted that Cm. King arrived at the beginning of this presentation.
Chair Schaub asked for the Staff Report.
Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the
Staff Report. Ms. Nuccio informed the Planning Commission that Mr Michael Banducci, with
Bancor Properties, would not be attending tonight's meeting.
Chair Schaub confirmed that the proposed phasing plan identifies occupancy and not the
issuance of building permits, and Ms. Nuccio said yes.
Chair Schaub disclosed that he has spoken with the Applicant and Staff about this project.
Chair Schaub requested that Condition of Approval No.9 of adopted Resolution 81-04, be read
and Ms. Nuccio read it aloud. Chair Schaub asked if the Condition contained any typographical
errors, and Ms. Nuccio said no.
Vice Chair Wehrenberg asked if Bancor Properties had corrunitted to a date for submitting their
plans. Ms. Nuccio stated that Bancor Properties currently has building and final landscape
plans in plan check. Chair Schaub asked when the plans were submitted, and Ms. Nuccio said
May 23, 2006. Vice Chair Wehrenberg asked about the status of the plan review Mr Gregory
Shreeve, Building Official, stated that the plan review is anticipated to be completed by June 14,
2006.
Mr Shreeve clarified that the plans that are currently in plan review are the third set of plans
that have been submitted by Bancor Properties. Vice Chair Wehrenberg asked the reason tor
the three Sl1bmittals. Mr Shreeve stated that it is due to some inconsistencies and lack ot details
in the plans.
Cm. King asked the reason for requiring the residential and commercial portions of the project
to be constructed together Ms. leri Ram, Community Development Director, stated that the
project began as an application for a General Plan Amendment. She stated that the developer
proposed a mixed-use project that included redevelopment ot the commercial area. The
developer proposed a residential development, in conjunction with the commercial
redevelopment that would help to revitalize the corrunercial area. Cm. King asked if the notion
ot abandoning the commercial redevelopment portion of the project would atfect the economic
vitality of the commercial area. Ms. Ram stated that the City Council's intent was to update and
improve the underutilized commercial area. em. King asked about the proposed level of
redevelopment for the commercial area. Ms. Ram stated that it would be a complete facelift of
the commercial area.
Vice Chair Wehrenberg asked it Shell Gas Station, located near the project, is close to obtaining
building permits tor their upcoming project. Mr Shreeve stated that Shell Gas Station can not
apply for building permits until they receive Planning Commission and City Council approval
for their project.
Chair Schaub opened the public hearing.
CPfi:1.nniny C(JJn,.ms.$~ljri.
5pl~ctll( 'Mecu"f!t.]
54
'l/ltu! l,?, .1U{}fl
Mr Jeft Lawrence, Applicant with Braddock & Logan, explained the history of the project, along
with his thoughts and concerns about the project. He alsQ discussed his reasons for having the
application approved. He presented a letter troIl1 Braddock & Logan that was submitted to the
Community Development Director on October 18. 2004.
Chair Schaub asked it Braddock & Logan had spoken to Bancor Properties within the last six
months, and Mr Lawrence said no. Chair Schaub asked if Braddock & Logan would have any
recourse against Bancor Properties if the Planning Commission recommended denial of the
project, and Mr Lawrence said no.
Cm. King sought clarification on Braddock & Logan's understanding of the conditions of the
project when they purchased the residential portion. Mr Lawrence stated that after meeting
with Eddie Peabody, it was Braddock & Logan's understanding that the project did not contain
any preclusion that would prevent them from moving forward with their portion ot the project.
Cm. King asked it Braddock & Logan's legal counsel reviewed the purchase contract, including
Condition No 9 regarding occupancy, and Mr Lawrence said yes. em. King asked why
Braddock & Logan would not be subject to Condition No.9 Mr. Lawrence stated that
Braddock & Logan is subject to Condition NO.9 and they are completing the physical
improvements pursuant to Condition No 9
Cm. Biddle stated that the issue is that Braddock & Logan is performing and Bancor Properties
is not. em. King stated that he does not understand how Bancor Properties can sell a portion of
the property and not be subject to the same Conditions.
Chair Schaub stated that Condition No.9 clearly states that each phase is required to complete
physical improvements prior to occupancy of any building within that phase; however, the
Applicant may have understood that they were subject to the Condition individually He stated
that clearly it was the intent of the City Council to make sure that the residential and
commercial portions were completed together
Mr John Bakker, Assistant City Attorney, explained that when the project was approved, there
was one owner The project was subsequently split into three parcels; Braddock & Logan
bought two parcels and Bancor Properties retained one parceL All of the original Conditions of
Approval remain in effect tor the project and for both owners.
Mr Lawrence stated that perhaps Staff could have been more aware ot the lack of movement on
the commercial portion of the project as the residential portion continued to progress. He
explained that Braddock & Logan complied with Condition No 9 by completing the required
improvements within each Phase of tlw project.
em. King asked if Braddock & Logan understood that there was a risk that Bancor Properties
might not proceed with the commercial portion ot the project, and Mr Lawrence said yes. Cm.
King asked it anyone trom the City indicated that Braddock & Logan was not subject to the
Conditions of Approval, and Mr Lawrence stated that Eddie Peabody indicated such in
October 2004. He further stated that the City issued building pennits and final maps, and
negotiated the aftordable housing agreement and allowed the project to move torward.
;Pianmng Comnti.\"~'U.m
~~vr,ciar(M.~tJtrna
55
.7untJ L:. 2001t
Mr Richard Ambrose, City Manager, commented that the key to Condition No.9 is that it is
tied to occupancy, not building. He stated that based on documentation given to the City by
Bancor Properties, the City had no reason to believe that Bancor Properties would not proceed
torward with the commercial portion of the project. He stated that Condition No.9 would
allow the Applicants to move torward with building; however, occupancy would still govern
thc project.
Vice Chair Wehrenberg asked when the models would be opcn, and Mr Lawrence stated that
the models are currently open.
Mr Tuan Nguyen, Business Owner of A-Z Lawn Mower located at 8931 San Ramon Road in
Dublin, discussed his concerns about the project and how his business is being affected by the
construction of the project. His concerns included increase in dust and debris particulates, a
construction fence that is obstructing the view of his building from the street, and a rent
increase with no improvement to the area.
Chair Schaub thanked Mr Nguyen tor attending the Plarming Commission meeting and for
speaking his concerns.
Hearing no further comments, Chair Schaub closed the public hearing.
em. King asked if it was the Assistant City Attorney's position that Braddock & Logan is subject
to the Conditions of Approval of Resolution 81-04, and Mr. Bakker said yes.
Chair Schaub stated that the Planning Commission could continue this item to allow Bancor
Properties to be present. He further stated that at this point, Bancor Properties is not meeting its
commitment to the project; and the sooner they address the Planning Commission on the issues,
the better it would be for all involved.
Cm. King asked if Statf had attempted to contact Bancor Properties. Ms. Ram stated that Staft
met with Bancor Properties last week and suggested that they attend tonight's Planning
Commission meeting. She stated that Bancor Properties indicated that thev want to begin
construction on the commercial portion of the project and are waiting on the City to issue the
building pennits.
Cm. Biddle stated that it is important to note that the October 18, 2004 letter from Bancor
Properties (Attachment 1 to the Statf Report) indicates scheduled plan check and construction
commitments that Bancor Properties has not met.
Cm. King asked if the City had imposed any conditions that would have caused Bancor
Properties to fail to meet its schedule, and Mr Shreeve said no em. King asked if Bancor
Properties could have met its schedule, and Mr Shreeve said yes. Cm. King asked why Bancor
Propertics did not meet its schedu1c. Mr Shreeve stated that Bancor Properties informed him
that the project costs had come in higher than anticipated and therefore they were value
engineering the plans in order to saw costs in certain areas ot the project.
q!f.jjn1'l~/~{J t.(Jmm~\.,:'-IO'n
"ri~cii.U '/H(!~t,i.1W
56
'1/J.t1c 7,2, 20iUJ
Vice Chair Wehrenberg asked if the building materials depicted in the Site Development
Review plan are up to standard. Mr Shreeve stated that StaH has not yet completed the plan
review Vice ehair Wehrenberg asked about the plans that are included in the Staff Report. Ms.
Nuccio stated that the plans included in the Staft Report are a part of the Planned Development
zoning.
Cm. Biddle asked if Bancor Properties owned additional property in Dublin. Ms. Ram stated
that they are currently developing the former Pak-n-Save site (located at the corner of Dublin
Boulevard and Dougherty Road) with Pinn Brothers. Cm. Biddle asked about the status of the
former Pak-n-Save site project, and Mr Shreeve stated that building permits are ready to be
issued for the project. Cm. Biddle asked if Staff is required to issue building permits within a
certain timeframe. Mr Shreeve stated that if the Applicant meets all of the legal requirements
for obtaining a building permit, then Staff is required to issue the building permit.
Vice Chair Wehrenberg asked if building permits for the former Pak-n-Save site project were
obtained by Pinn Brothers, and Mr. Shreeve said yes.
Chair Schaub asked if Bancor Properties would have to come before the Planning Commission
for the former Pak-n-Save site project, and Mr Shreeve said no. Chair Schaub asked if future
tenant improvements for the former Pak-n-Save site project could come before the Plarming
Commission. Ms. Ram stated that the approving-body for future application would be
governed by the Zoning Ordinance. Cm. Biddle asked about the anticipated timeline for the
issuance of the building permits for the former Pak-n-Save site, and Mr Shreeve gave an
overview of the anticipated timeline.
Chair Schaub stated that allowing the residential portion of the project to be halted would not
solve tl1e underlying problem of ensuring that the commercial portion ot the project is
redeveloped in conjunction with the residential portion.
em. King stated that he does not understand how Braddock & Logan could have bought into
the project and assume that it was not subject to the Conditions of Approval.
Cm. Biddle stated that he is reluctant to decouple the residential portion ot the project trom the
commerciDI portion. He stated that Bancor Properties' performance on this project indicates a
low level of corrunitment and follow-through.
Vice Chair Wehrenberg stated that building permits for each portion of the project should have
been managed together She stated that Braddock & Logan should not have to bear the burden
of the Conditions alone. She suggested allowing temporary occupancy for the residential
portion until the commercial redevelopment is complete.
ehair Schaub stated the Planning Commission's options are to make a recommendation to the
City Councilor to continue the item. Cm. King asked what would be accomplished it Bancor
Properties appeared before the Planning Commission. Chair Schaub stated that Bancor
Properties could commit to a completion date tor the commercial portion of tl1e project. Vice
Chair Wehrenberg commented that Bancor Properties has defaulted on prior commitments to
the City Chair Schaub reiterated that the priority of the project is to have the commercial area
Wfo.'nm17{/ l.irmrnr.n"inr. 57 rl/l.nc ..it, ;;oOtl
5'pecia( :,l1:'et}(.m/.j
redeveloped. He stated that neither option ensures the redevelopment of the commercial
portion of the project.
em. Biddle asked about the status of Bancor Properties' plan check. Mr Shreeve discussed the
status ot the plan check. Cm. Biddlc asked it any major problems with the plan check are
anticipated. Mr Shreeve stated that problems are not anticipated from a building standpoint.
Chair Schaub re-opened the public hearing
Mr Lawrence pointed out that the title report of the Bancor Properties portion of the project is
listed under Rick Corbett
Cm. King asked if Braddock & Logan would lose money if its units are not occupied, and Mr
Lawrence said yes. Mr Lawrence reiterated his reasons for having the application approved.
Cm. King asked if alternative" A" or "B" would be better than nothing, and Mr. Lawrence said
yes.
Chair Schaub asked it Braddock & Logan could get Bancor Properties to appear before the
Planning Commission, and Mr Lawrence said probably not.
Hearing no further comments. Chair Schaub closed the public hearing.
em. Biddle stated that he would feel better with some indication that construction on the
commercial portion of the project would proceed. He rdterated that based on Bancor
Properties' performance, the lot could remain undeveloped for years.
Chair Schaub expressed his frustration with knowing that the Planning Commission's decision
tor Braddock & Logan would not attect the commercial redevelopment of the project. Cm. King
stated that the community deserves to have the commcrcial area redeveloped.
Chair Schaub stated that the Citv may have inadvertently decoupled the residential and
commercial portions ot the project by allowing building permits to be issued for the residential
development without issuing building permits for the commercial redevelopment. He stated
that he has a problcm with placing an additional burdcn on Braddock & Logan. He stated that
he also has a problem with not enforcing the original intent of the Citv eounciJ. Chair Schaub
stated that his preference is to recommend City Council approval ot Braddock & Logan's
Proposed Phasing Plan.
Vice Chair Wehrenberg stated that she agrees with Chair Schaub She commcntcd that the City
may have lost an opportunity tor the commercial redevelopment by issuing building permits
for the residential project.
Cm. King asked if the building permit proccss could be linked to separate projects. Ms. Ram
stated that conditions could be put in place to prcvcnt this type of issue from occurring in the
future.
(Pthnnrt/{J (,.ilitlml,\'J"mn
~'pl:cial ~w.f.fftifi.lj
58
Ilu4tc 1-", 2006
Vice Chair Wehrenberg commented that Braddock & Logan should not have to bear the burden
of Bancor Properties' inactivity on the project.
Chair Schaub commented that the multiple redevelopment projects proposed for the area
should place intense pressure on Bancor Properties to redevelop the commercial portion of the
project.
Cm. Biddle stated that he would feel better if the residential occupancy could be tied to the
commercial construction. He stated that his preference is to recommend City Council approval
of Braddock & Logan's Proposed Phasing Plan.
Cm. King stated that although he is sympathetic with the Applicant, he feels that they had a
higher duty to be dear on the Conditions ot the project. He stated that his preference is to
recommend City Council approval of one of the alternative options.
On motion by Chair Schaub, seconded by Vice Chair Wehrenberg, and by a vote of 3-1-1 with
em. King opposing and Cm. Pasulkey absent, the Planning Commission adopted.
RESOLUTION NO. 06-15
A RESOLUTION OF THE PLANNING COMMISSION
OF THE eITY OF DUBLIN
REeOMMENDING elTY COUNCIL APPROVAL OF AN AMENDMENT TO AN
ADOPTED PLANNED DEVELOPMENT ZONING DISTRICT (P A 02-063) FOR WILLOWS
AT SAN RAMON VILLAGE (FORMERLY KNOWN AS BANeOR ALCOSTA)
8909 SAN RAMON ROAD (APN 941-0164-001-04 & 941-0164-003-03)
P A 06-034
~~.~
Ms. Nuccio stated that the Planning Commission needs to find that its recommendation is
consistent with the General Plan. The Planning Commi~sjon discussed with Staff the ~pecifics
of the General Plan as it relates to this project. Chair Schaub stated that he would like to take a
ten-minute recess to further discuss the issue with Staff and allow Staft to finalize the
Resolution.
Chair Schaub requested a ten minute recess at 9'02 p.m.
Chair Schaub called the meeting back in session.
Ms. Nuccio clarified that the Planning Commission's finding is that the proposed amendment is
consistent with the Dublin General Plan in that: 1) the project is consi~tent with the General Plan
land use designation of mixed use, and 2) the proposed amendment to the phasing of the
project is consistent with the General Plan Guiding Policy A under section 2.2.3 Neighborhood
Shopping Centers which is to strengthen existing neighborhood shopping centers because: a)
the upgrading of surrounding properties would result in an economic incentive to redevelop
the site, and b) the construction and occupancy of 56 townhouse units within walking distance
of the commercial center would contribute to the economic viability of the commercial center by
(praItnr/1g ('~Jm1tl'iss-km
\'1}/~CJi;d~~tUl'.1fffJ
59
'lIme r;:, ;iOlU)
,
increasing the population in the area to help support existing and new businesses. Chair
Schaub stated that it was the intent of the Planning Commission to include said findings in the
previous motion.
On a second motion by Chair Schaub, seconded by Cm. Biddle, and by a vote of 4-0-1 with Cm.
Fasulkey absent. the Planning Corrunission recommended approval of the four clean up items
as described in the Staff Report and incorporated into the Resolution.
NEW OR UNFINISHED BUSINESS
Chair Schaub briefly discussed adding an agenda item to a future Planning Commission
meeting to discuss where they are as a Planning Commission.
Cm. Biddle asked how the City ensures that existing developments maintain their landscaping.
Ms. Ram stated that a landscape maintenance agreement is signed by the developer as part of
the conditions of approvaL Chair Schaub and Corrunissioner Biddle stated that they would like
to discuss this issue at a future Planning Commission meeting, and Ms. Ram agreed.
Ms. Ram informed the Plarming Commission that there would be a Study Session for the
Planning Corrunission on Tune 27, 2006
OTHER BUSINESS
10.1 Brief INFORMATION ONLY reports from the Planning eommission and/or
Staff, including eommittee Reports and Reports by the Planning Commission
related to meetings attended at City Expense (AB 1234).
The Planning Commission did not have any items to report.
Vice Chair Wehrenberg stated that as a Planning Commissioner, she is attending meetings tor
the Bicycle Trails Master Plan and gave a brief status of the meetings.
Chair Schaub stated that he is attending the Alameda Transportation Improvement Citizens
Advisory Committee meetings.
Ms. Ram stated that the Housing Corrunittee would have its first meeting on June 29, 2006.
ADJOURNMENT. The meeting was adjourned at 9:34 p.m.
Respectfully submitted,
Planning Corrunission Chair
ATTEST
Planning Manager
(P[a.1nII.1f,if ( IJ'f!itffM'rWn:
~ptCl.a[ 'Me-tUng
60
'Iu:nf! 1::, "JOiNI
31 ~ 3(p
RESOLUTION NO. 06-15
A RESOLUTION OF THE PI,ANNING COMMISSION
OF THE crn: OF DllBLlN
RECOMMENDING CITY COUNCIL AI'I'ROV AL OF AN AMENDMF:NT TO AN ADOPTED
PHASING PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (I' A 02-063) FOR WILLOWS
AT SAN RAMON VILLAGE (FORMERLY KNOWN AS BAN COR ALCOST A)
11'109 SAN RAMON ROAD (APN 941-0164-001-04 & 941-0164~003-03)
PA 06-034
WHF:RF:AS. in Novcmbcr 2002, Bancor Properties submitted an application requesting a General Plan
Amendmcnt, Rezone, Stage I and Stage 2 Planncd Dcvelopmcnt Zoning, Vesting Tentative Map and Site
Development Review for thc rcdcvelopmcnt ofa :1:4.62 acre site known as San Ramon Village Plaza; and
WHEREAS, Bancor Properties proposed to redevelop San Ramon Village Plaza as a mixcd-usc proJect by
demolishing 34,000 square fcet of an existing commercial building and associated parking lot areas for thc
construction of 56 townhouse units and remodeling the rcmaining 14,377 squarc foot commercial building; and
WHEREAS, on May 18,2004 the City Council adopted Resolution 81-04 approving a Vesting Tentative
Map and Site Development Review for the San Ramon Village Plaza development project located at 8909 San
Ramon Road; and
WHEREAS, on June 1,2004 the City Council adoptcd Ordinancc 19-04 amcnding the Zoning Map to
rezone property and approvcd a related Stage I and Stage 2 Planned Development for the San Ramon Village Plaw
dcvclopment project located at 8909 San Ramon Road; and
WHF:RF:AS. on July 20, 2004 the City Council adopted Resolution 144-04 approving amendments to Ihe
General Plan for the San Ramon Villagc Plaza dcvelopmcnt project by adding a new Mixed-Use land use
classification in thc Primary Planning Area and amcnding thc Land Use Map [or the projcct area; and
WHEREAS, in November of 2004 Braddock & Logan purchascd a :1:2.94 aCre portion of the San Ramon
Village Plaza developmcnt projcct for the construction of 56 townhouse units; and
WHEREAS, in Febmary of 2005 Braddock & Logan obtaincd Building Permits to demolish Ihe 34,000
squarc fool commercial building and in September 2005 obtained Building Permits to begin constmction of 56
townhouse units; and
WHERF:AS, in May 2006 Braddock & Logan suhmitted a request for a Phascd Occupancy Plan as
rcquircd by Silc Development Review Condition o[ Approval No. Y; and
WHEREAS, the Community Devclopmcnt Director reviewed Braddock &. Logan's Phased Occupancy
Plan requcst for eonslslency with the Stage I and Stagc 2 Planned Developmcnt for Ihc San Ramon Village Plaza;
and
WHEREAS, the Community Development Director dctcmlincd that the request was nol consistent with
Ihe adopted Development Plans bccause the Phased Occupancy Plan did not include the commercial remodel
portion o[ the San Ramon Village Pla7.a developmcnt proJcct and as such thc Community Development Director
denied the Phascd Occupancy Plan; and
WHEREAS, in May 2006 Braddock & Logan submittcd a rcqucstto am~'rld Ihc adopted Phasing Plan for
the San Ramon Villagc Plaza development pr~ject to remove the commercial remodel from the phasmg and allow
[or the phasing of the 56 townhousc umls in 4 distinct phases as follows: Phase I - 14 units in Buildings 3-5. Phase
2 - 17 umts III Buildings 1-2 and 6; Phase 3 21 umts in Buildings 7-10; and Phase 4 - 4 units in Building 11, and
Attachment 18
32~1p
WHEREAS, Section X.32.080 uf the Dubhn the Zoning Ordinance allows the Community Development
Director by administrahve action or the Planning Commissiun by means of a Cundiliunal Use Pemlit to approve
minor amcndmenls to an adopted Developm<.:nl Plan upon a finding that the amendment suhstantially eomphes with
and does not materially change the provisions or intent of the adopted Planned Development Loning District
Ordmanee for the site; and
WHEREAS, the Community Development Director determined that Bradduek & Logan's request to
amend the Development Plan does not subslantially comply with and does materially change the provisions 01'
intent of the adupted Planned Development Zoning Distncl Ordinance for the site and therefore as required by
Section 8.32.080 thc request for an amendment must be proccsscd pursuanl to Chapter 8.120, Loning Ordinance
Amcndmenl; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on
said application on June 12, 2006; and
WHEREAS, proper notice of said public hearing was gIven in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that the Planning Commission recommend one of
the following to tbe City Council for review and approval: a) approve Braddock & Logan's request to amend the
Phasing Plan by removing tbe commercial remodel from the Phasing Plan and allowing the phasing uf the 56
townhouse units in four phascs; b) deny Braddock & Logan's request to amcnd the Phasing Plan; c) approve
Alternative Amendment "A" which would inelude uecupancy of 14 townbouse units and completion of the
cummercial remodel as Phase I and occupancy of the remaining 42 townhouse units as Phase 2; d) approve
Alternative Amendment "B" whicb would allow uecupancy of 14 townhouse units as Phase 1, occupancy of an
additional 17 townhouse units following commencement of construction of the commercial remodel as Phase 2, and
occupancy of 25 townhouse units following the cumpletion of construction of the commercial remodcl as Phase 3,
or, e) approve anuth~T altemative; and
WHEREAS, the stan' report also recommended that the Planning Commission rccommend approval of
four clean up itenls as described in the staffr~1>orl; and
WHEREAS, the Planning Commission did hear and consider all said reports. recommcndatiuns and
testimony herein ahove sel furth and used its independentjudgm~'lltto evaluate the project.
NOW, THEREJi'ORE, BE IT RESOLVED that thc City of Dublin Planning Commission does herehy
find that:
I The proposed am~'lldment is consistent with the Dublin General Plan in thai, I) the project is
cunsisk>Jlt with the General Plan land uSe designation of Mixed-Use and 2) the proposed
amendment to the phasing of the project is consistent with the General Plan Guiding Policy A
undcr Scction 2.2.3, Neighborhood Shopping Centers whIch is to strengthen existing neighhorhood
shopping centers. because a) the upgrading of surrounding properties would resull in an economic
mccnlive to redevelop the site and b) the construction and occupancy of 56 townhouse units within
walking distance of the commercial center would euntribulc lu the economic viability of the
commercial center by mereasing the population in the area to help support eXlslmg and new
busmc::ises.
BE IT FURTHER RESOLVED THAT, the City of Dublin Planning Commission does hereby
recommend to Ihe City Council approval of Bradduck & Logan's request to amend the adopted Phasing Plan hy
removing the commercial remodel frum the Phasing Plan and allowing the phasing of 56 townhouse units in four
phases as outlined in the slaffreport and recommends appruval of the four clean up items as described in the staff
report.
2
l' ASSED, APPROVED AND ADOPTED this 12''' day of June 200e, by the following vote:
AYES:
NOES:
ABSENT.
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Mana~cr
3
3~rlb3~
3 tit ~
ORDINANCE NO. - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO STAGE 1 AND STAGE 2 PLANNED DEVELOPMENT
ZONING DEVELOPMENT PLAN (PA 02-063) FOR THE PROJECT KNOWN AS
WILLOWS AT SAN RAMON VILLAGE PLAZA (BRADDOCK & LOGAN SERVICES, INC.)
P A 06-034
TIlE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS I<'OLLOWS:
Section I. RECITALS
A. By Ordinance No 19-04 the City Council rezoned approximately 4.62 acres of land known
as San Ramon Village Plaza commercial center ("San Ramon Village Plaza") to a Planncd Dcvelopmcnt
Zoning District and adopted a Stage I and Stage 2 Development Plan for San Ramon Villagc Plaza.
B. This Ordinancc amends portions of the Stage I and Stage 2 Development Plan lor San
Ramon Villagc Plaza.
Sechon 2.
FINDINGS AND DETERMINA nONS
Pursuant to Scction 8.120.050.B ofthc Dublin Municipal Code, tl1e City Council finds as follows:
1 The proposed amendments are consIstent with the Dublm Gencral Plan and any applicable Specific
Plans III that, I) the project is consistent with tl1e General Plan land use dcsignation of Mixed-Use and
2) tl1e proposed amcndment to the phasing of tl1e project is consistent witb the General Plan Guiding
Policy A undcr Section 2.2.3, Ncighborhood Shopping Centers which IS to strengthen existing
neighborhood shopping centcrs, bccausc a) thc upgrading of surrounding properties would result m an
economIc mcenhve to redevelop the commercial center and b) tl1c construction and occupancy of 56
tOW1lhouse units witl1in walking distance of tl1e commerCial center would contributc to thc economic
viability ofthc commcrcial centcr by increasing the population in the area to help support existing and
new businesses. The Plmmed development zoning Distnct wlthm which thc amcndmcnts arc
proposed does not fall within any Specific Plml areas.
Pursuant to the California Environmental Quality Act, tile City Council finds as follows:
2_ Pursuant to tbe CalIfornIa Environmental Quality Act (CEQA) a Mitigated Negative Declarahon and
Mitigation Monitoring Program was adopted by City Council Resolution 80-04 for thc San Ramon
Village Plaza development project on May ] 8, 2004 Staff is recommending that the proposed
amendment to the adopted Planned Development Zoning District (PA 02-063) be found exempt from
further CEQA reView as It can he seen wllh certamty that tbis action would not have a significant
effect on the enviroillnent.
Scction 3.
AMENDMENT OF ORDINANCE NO. 19-04
Ordlllmlce No. 19-04 is amended as follows:
Attachment 19
I The paragraph in the middle of page 5 heglllmng wIth the phrase "Notc: Uscs
as follows:
35rt30
" is amended reads
"Note: Uses not speclfically approved listed through the !,;ito Develol'lmeHt Reviev. for the prejeet
shall require a Site DeveloprRoRt RevI"w Walver aptlTUVal by Community Developmeftt Direetor a
minor anlendmep,t to the Planned Develooment Zonmg Dlstnct in accordancc with Scction
8.32.080 ofthc Dublin Zoning Ordinance.
2. Tbe table at the bottom of page 5 is replaced witb the following table:
-~-~_.,..-
PHASE NO. LOTI MAXIMUM NO. ACRES DU'S PD
PARCEL DWELLlNGSI BUILDING lAC STAGE
AREA NO.
.. J <H 42 CONDOMINIUMS & 2.23 19.28 1 and 2
COMMON OPEN SPACE
2 3 g 14 CONDOMINIUMS 71 1830 I and 2
SUBTOTAL. 56 CONDOMINIUMS 2.94 18.02 1 and 2
-~.~_..
CemIBor.ial 1 (l 14.377 SQ. ft. of commercial 1.68 0 I and 2
relail'offi.e 1 retail
~-_.~~~~-~
TOTAL 1,2,3 56 4.02 12.2 J and 2
3 Numbcred paragraph 5, labelcd "Phasing Plan," on page 7, is amended to read as follows:
"5. Phasing Plan. Thc site will be developed in 111" te twe phases. Refer to Sheet 1 ofE"hitllt /\.
I (prejeet plans) as follows:
Phase
Phase I
Phase 2
Phase 3
Phase 4
Buildin No.
3.4 and 5
1.2 and 6
7. 8.9 and 10
11
Lot No.
3
2
2
2
No. of Units
14 (2 BMR" Units)
17 (2 BMR" Units)
21 (3 BMR" Units)
4 (0 BMR" Units)
*BMR .~ Below Markel Rate
201'3
3LP t1fJ30
4 Numbered paragraph 9, labeled "Aerial Photo," on page 8, IS amended to rcad as follows:
"9. Aerial Photo. See Sbcet J J. of Exhibit A-I (project plans)."
Sectioo 4
EFFECTIVE DATE AND POSTING OF ORPINANCE
This Ordinance shall take effect and be III force thirty (30) days from and after the date of its
passagc. Thc City Clcrk ofthc City of Dublin shall cause the Ordinance to be postcd in at least thrcc (3)
public places in tbe City of Dublin in accordancc with Section 36933 of tl1e Government Code of the
State ofCahfomla.
PASSED AND ADOPTED BY tbe City Council of thc City of Dublin, on this I~'h day of July
2006, by the following votes.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
30f3