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HomeMy WebLinkAbout6.3 The Green on Park PlaceBackground ~1: 51. I:J L In 2004, the Dublin City Council approved the ~ s"~ development of a 317,000 square foot IKEA retail "`'k''""" ``"' store and a 137,000 square foot "lifestyle center" ~ ~ ~ ~~ on a roximatel 27.45 acres at the southwest The Green pp y On Park Place corner of Hacienda Drive and Martinelli Way. /L r s~so Blake Hunt Ventures acquired the parcel of land ~- where the lifestyle center was to be built, and they received Site Development Review approval for the construction of the Emerald Place Retail Center Vicinity Map on 13.0 acres of the 27.45 acres. In late 2006, IKEA withdrew their plans to build a store in Dublin, and Blake Hunt Ventures moved to acquire the IKEA parcel and to enlarge and redesign their commercial shopping center on the entire 27.45 acres. The redesigned retail center, called "The Green on Park Place," is an open-air lifestyle retail project with.. up to 305,000 square feet of gross building area to be built as twelve retail/restaurant/anchor buildings. Seven buildings face an interior park-like space called "The Green," and five smaller pad buildings are at the perimeter of the site. The buildings are primarily one story in height, with the exception of the two buildings bounding the south side of The Green, which have two-story portions of the buildings framing the southern pedestrian entry to The Green, as shown below: _.~ .~ _ _w~ -- ~~ ] ~ "' ~ ~ >~ ;, i~ ~~. a~~~~R.~ . .. ~~„ .. , . ,_ ~,~ ~, ~~ 3, ~ ~, -_ ~~ ~~~y~ - - - ~ t ~f ~~ I; ~ ,~ ~, ~ ;~ .... ., x.,. +i ~ ,~~ ~° ,~ ~ -~ k ~ t a Y1 t ~ ~~ Y ~, F1 1 ~ 7 1. _.. ~. ~1 ~ ~ 1 -.v y ~ ..._. .y..w... l ~ i €f r S i n... R ~^ i ,.. ~ ~ `2 .._._, u ,,y. - j _ ~__ __ . ~ ... -.-....... ._. ~ ~. _ ,.. t 3.-~ ~,..e~3..~ ~ ~ s f ~ ~_ t • 'f yd t R 7 : ~t ~r~ ~ ~ y ~ ~ ~ ': i-rs- ~ w., r < -- ... ~ ., rc ..~. ~,~ ~ ~ ,r a r;..~ -__a - .. ~..e., , ~ ,. ~, _ ~ •, L ~ ~~ ~ ~` ~; - - - ~ -?-i ~ ~ ~Zs' ~i 4~ (~S~'a~ ;,7 .,^y ri` ~. - -' _ ~ ~J iii ~r ~~ s ,, r~_ ._.r~-L.~'f ~ 4-~ i~l. G •.'~'h,~.~ ` _ ;;~ _ .. _ ~~ j k::, ?°~ ~ ~t ? ~ ~~ 1 .-ra.,. ~~ r ~ „ ~ .,f ~ oe e~ a~ ;i i { ~„i ~ Fl. a~ rec ar rrnhN ~ ~ ~ ~ ~ r y ..... ~ •. - ~ ~ ~ ~ r i ~ ~ ~~ ~ ~ ....c dtw ~.. (( ( ~ ` ~ t +~ iFaa zxn" € r ~. i~ ~ ! j~ . w) ~ ~ a1M a.~01` ,. 1 - ~ I M w:x vns r. u~uix ~:. ~ : ~ ~ .~ ~ ~ t _ Y - t .%~ -- n ~ _...,,. . , _ . a - _ - - ..:[ - _. ~ -, -~.. x - _ °. 4 - - _._ ~< ~. -....- ~ r ~ .. ... __. _. .. _ ~,~ The Green on Park Place is designed to provide an engaging experience for shoppers, diners and families as a destination and gathering place that will provide a rewarding and refreshing retail experience. The Green's centerpiece is a grand east-west pedestrian oriented street, Park Place, that will offer a 900 ft., Page 2 of 4 three-block-long public space, surrounded by retail, restaurants and meaningful gathering areas. Programmed as a series of outdoor "rooms," The Green is punctuated by built structures and arranged landscaping along a curvilinear alignment. This area is intended to have a lively urban feel, programmed with amenities that provide a rich pedestrian experience, such as walking paths, water features and sitting areas. The Planning Commission reviewed and recommended approval of the project as proposed, including the Stage 2 Planned Development Zoning District and the project-specific Site Development Review at their meeting on July 22, 2008. The City Council then approved the Site Development Review application on August 5, 2008 and the Stage 2 Planned Development Zoning Ordinance was adopted at the following meeting on August 19, 2008. ANALYSIS: Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement between the Developer and the City. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to obtain certain commitments and establish certain development rights for the property. The Development Agreement must be approved prior to recordation of the final Tract Map and issuance of building permits for the development of the property. Development Agreements are approved by an ordinance of the City Council upon recommendation by the Planning Commission. Instead of creating a new Development Agreement for The Green on Park Place, the City and Applicant have agreed to amend the existing Development Agreement that is in place for the project site, the IKEA Project Development Agreement (DA). The IKEA Project DA was adopted by the City Council via Ordinance 11-04 and was executed on May 6, 2004. Many of the obligations of the original Development Agreement, pertaining to the installation of public improvements, etc., have already been completed. Those obligations which have not already been completed will be done so by the new property owners as they have assumed the responsibilities of the Development Agreement. The amended Development Agreement (Exhibit A to Attachment I) was drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on the standard Development Agreement prepared by the City Attorney and adopted by the City Council for projects located within the Eastern Dublin Specific Plan area. The specific amendments to the Development Agreement are only those items which are referenced in the "Amendment to Agreement" section of the DA. If not noted to be amended in this section, the requirements of the original IKEA Project Development Agreement still apply and shall be completed. The amended Development Agreement addresses a variety of issues, such as the payment of specific traffic impact fees, and it also includes an extension to the term of the original Development Agreement to allow the most recent planning approvals (including Site Development Review) to be valid for five years. PLANNING COMMISSION HEARING OF OCTOBER 14, 2008: At the October 14, 2008 Planning Commission meeting, the Planning Commission unanimously approved Resolution 08-25, which recommended approval of the proposed amendments to the Development Agreement to the City Council. The Planning Commission did not have any questions of Staff or the Applicant during the meeting. Page 3 of 4 ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA), an Addendum to the IKEA Project Supplemental EIR and the Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment was prepared for The Green on Park Place project (at that time still referred to as the Emerald Place Retail Center project). The Addendum concluded that no new significant environmental impacts were identified and no substantial increase in the severity of previously identified impacts had been discovered as a result of the project. The Addendum included the Initial Study, and along with the Supplementary Traffic Analysis conducted, the Addendum was adopted by the City Council on October 2, 2007 when the first reading of the Stage 1 Planned Development rezoning was approved. Pursuant to Section 15162 of the CEQA Guidelines, no subsequent EIR shall be prepared for this project, as no substantial changes have been proposed to the project or the conditions under which the project will be carried out that require major revisions of the previous E1Rs or the Addendum. No new significant environmental impacts have been identified and no substantial increase in the severity of previously- identified impacts has been discovered. The project remains subject to all previously-adopted mitigation measures, as applicable. Because the previous environmental analysis included the approval of a Development Agreement for the project in the project description, no further environmental determinations are needed to approve the proposed amendments to this Development Agreement. CONCLUSION: The proposed amendments to the Development Agreement will implement the provisions of the Planned Development Zoning for The Green on Park Place Retail Center Project (PA 07-019), the Stage 2 Development Plan, Site Development Review, Tentative Parcel Map 9783, and all related Conditions of Approval. RECOMMENDATION: Staff recommends that the City Council: 1) Open the public hearing; 2) Receive the Staff presentation; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate, and 5) Waive the reading and introduce an Ordinance (Attachment 1) approving a Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place Land Company for The Green on Park Place Retail Center Project with the Development Agreement attached as Exhibit A. Page 4 of 4 i ~,~ ORDINANCE NO. XX - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY FOR THE GREEN ON PARK PLACE RETAIL CENTER PROJECT APNS 986-0033-002 AND 986-0033-003 PA 07-019 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The Green on Park Place project (the "Project"). is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area designated General Commercial on the General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map with an allowance for General Commercial land uses pursuant to Planned Development Zoning. B. Pursuant to the California Environmental Quality Act (CEQA), Sections 15162 and 15164 provide that an Addendum to a previously certified Environmental Impact Report (EIR) may be prepared when a project requires a minor technical change to an EIR and there are no new significant environmental effects and no substantial increase in the severity of previously identified significant effects. An Addendum was prepared for this development project, as no substantial changes were proposed to the project or the conditions under which the project will be carried out that require major revisions of the previous EIRs. No new significant environmental impacts were identified and no substantial increase in the severity ofpreviously-identified impacts was discovered. The project remains subject to all previously-adopted mitigation measures, as applicable. The Addendum was adopted by the Dublin City Council on October 2, 2007. C. A public hearing on the proposed Development Agreement was held before the Planning Commission on October 14, 2008, for which public notice was given as provided by law. D. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement on October 14, 2008 via Resolution 08-25. E. Public hearings on the proposed Development Agreement were held before the City Council on November 4, 2008 and November 18, 2008 for which public notice was given as provided by law. F. The City Council has considered the recommendation of the Planning Commission who considered the item at the October 14, 2008 meeting, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. Page 1 of 3 ATTACHMENT 1 a~16 Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (d) IKEA Project SEIR, (e) the CEQA Addendum (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Project is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan and in the Eastern Dublin Specific Plan in that: (a) the General Plan and Specific Plan land use designations for the Project site are General Commercial land uses pursuant to Planned Development Zoning and the proposed Project is a project consistent with those land uses; (b) the Project, as conditioned, is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services; (c) the Project is consistent with the Stage 1 and 2 Planned Development Zoning Development Plan adopted by the City Council on November 6, 2007 and August 19, 2008, respectively; and (d) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the Project approvals include Planned Development Rezone and amended Stage 1 and 2 Development Plan, Tentative Parcel Map, and Site Development Review. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan which have planned for general commercial uses at this location. 4. The Development Agreement will not be detrimental to the health, safety and general welfare in that the Project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the Project will be consistent with the General Plan and with the Eastern Dublin Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement attached hereto as Exhibit A and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) Page 2 of 3 3 ~ ~6 public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor C:\Users\Kristi\Desktop\Plan B\Current Projects\Dublin - TGOPP\DA\CC Ord DA.doc Page 3 of 3 '~ ~, , RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's Use FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND IKEA PROPERTY, INC FOR THE IKEA PROJECT (which is herein retitled "Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place Land Company for the Green at Park Place Retail Center Project") EXHIBIT A TO ATTACHMENT 1 ~~ 16 THIS AMENDMENT is made and entered in the City of Dublin on this _ day of _, 20_, by and between the City of Dublin, a Municipal Corporation (hereafter "City"), and Stockbridge/BHV Emerald Place Land Company, LLC, a Delaware limited liability company (hereafter "Developer"), pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. IKEA Property, Inc. and City entered into that certain Development Agreement Between the City of Dublin and IKEA Property, Inc. for the IKEA Project, dated May 6, 2004 ("the Agreement"), with regard to that certain Property as defined in the Agreement and described in Exhibit A attached hereto which was entered into pursuant to California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56"); and B. Pursuant to a certain Partial Assignment of Rights and Assumption of Obligations Under Development Agreement, dated July 14, 2004, 'IKEA assigned its rights and obligations under the Agreement solely as to as to the Retail Center Parcel, as more particularly described in the Agreement, to Pan Pacific Properties, Inc.; and C. Pursuant to a certain Assignment of Rights and Assumption of Obligations Under DevelopmentAgreement, dated October 17, 2007, IKEA Property, Inc. assigned all of its remaining rights and obligations under the Agreement to Developer; and D. Pursuant to a certain Assignment of Rights and Assumption of Obligations Under Development Agreement, dated December 5, 2007, the successor-in-interest of Pan Pacific Properties, Inc., assigned its rights and obligations under the Agreement to Developer, which pertain solely to the Retail Center Parcel; and E. Developer has thereby been assigned and has assumed all of the rights and obligations under the Agreement; and F. Developer now desires to pursue a different project than the IKEA Project and has applied for, and City has approved or is processing, various land use approvals in connection with the development of the revised Project, including, without limitation, a General Plan Amendment (Resolution No. 47-04), a Specific Plan Amendment (Resolution No. 47-04), Planned Development District rezoning (including Stage 1 and Stage 2 Development Plans) (Ordinance Nos. 22-07 and 34-08), a Site Development Review Approval (Resolution No. 147-08), and a vesting tentative map (Planning Commission Resolution No. 08-17). All such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the Revised Project are referred to as the "Revised Project Approvals"; and G. Paragraph 9.2 of the Agreement provides that the Parties may amend the agreement from time to time, in accordance with the procedures in state law and First Amendment to Development Agreement Page 2 of 7 Between City of Dublin and IKEA Property, Inc. ~ ~ IL Chapter 8.56 of the Dublin Municipal Code, and the parties desire to do so; and H. The applicant has requested that the Development Agreement be amended to reflect the Revised Project Approvals and to extend the term of the Development Agreement for afive-year period following final approval of this Amendment, and the City is amenable to the request from the Developer; and I. The City Council has found that, among other things, this proposed amendment to the Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56; and J. On , 2008, the City Council of the City of Dublin adopted Ordinance No. approving this Development Agreement ("the Approving Ordinance"). The Approving Ordinance will take effect on , 2008 ("the Revised Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER agree as follows: AMENDMENT TO AGREEMENT Section 1. Revision of Title of Agreement. For reference purposes, the Agreement is hereby retitled "Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place Land Company for the Green at Park Place Retail Center Project." Section 2. Revised Proiect Approvals. All references to the "Project Approvals" in the Agreement shall be deemed to refer to the "Revised Project Approvals," described in Recital F. Section 3. Extension of Term. Notwithstanding anything to the contrary in section 4.2 of the agreement, the Term of the Agreement is extended until five (5) years after the Revised Approval Date. Section 4. Amendment to Subparagraph 5.3.1. Subparagraph 5.3.1 of the Agreement, which is set out in Exhibit B, is hereby amended to read as follows: "Subparagraph 5.3.1 --Subsequent Discretionary Approvals None." Section 5. Amendment to Subparagraph 5.3.2.a(i). Subsection a.(i) of Subparagraph 5.3.2.a of the Agreement, which is set out in Exhibit B, is hereby amended to read as follows: First Amendment to Development Agreement Page 3 of 7 Between City of Dublin and IKEA Property, Inc. ~~,6 "(i) Roads: The project-specific roadway improvements (and offers of dedication) identified in Resolution No. 147-08 approving Site Development Review ("the SDR Resolution") shall be completed by DEVELOPER to the satisfaction and requirements of the Public Works Director at the times and in the manner specified in the SDR Resolution unless otherwise provided below. -Condition No. 159 [Dublin Boulevard/Dougherty Road Intersection Improvements] Condition No. 159 of the SDR Resolution (in relevant part) reads as follows: "Traffic Impact Fees. The Applicant/DevelopershaIl advance fees or contribute pro-rata share of costs for traffic impact fees as follows: b. Advance to the City applicable monies for acquisition of right-of- way and construction of planned improvements at the Dougherty Road/ Dublin Boulevard intersection. The amount of money advanced to the City shall be based on the developer's fair share of the deficit (spread over those projects which are required to make up the deficit) between funds available to the City from Category 2 Eastern Dublin Traffic Impact Fee funds and the estimated cost of acquiring the right-of-way and constructing the improvements. The City should provide credit for Category 2 Eastern Dublin Traffic Impact Fees to the Developer for any advance of monies made for the improvements planned for the Dougherty Road/Dublin Boulevard intersection. The advance shall be limited to $1, 000, 000. " Notwithstanding the provisions of Section 4 of this Agreement, those portions of Condition 159 associated with the Dublin Boulevard/Dougherty Road intersection improvements and the provisions of this subsection shall survive termination of this Agreement." Section 6. Amendment to Subparagraph 5.3.5.a. Subsection a of Subparagraph 5.3.5 of the Agreement, which is set out in Exhibit B, is hereby amended to read as follows: "Subsection a. Traffic Impact Fees. First Amendment to Development Agreement Page 4 of 7 Between City of Dublin and IKEA Property, Inc. 8~~6 Developer shall pay the Eastern Dublin Traffic Impact Fee ('TIF') established by Resolution No. 111-04, including any future amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits and in the amount of the impact fee in effect at time of building permit issuance. Developer further agrees that, regardless of the amount of Section 1/Category 1 credits that it may have available, it will pay eleven percent (11 %) of the `Section 1/Category 1' portion of the TIF in cash. Developer also agrees that, regardless of the amount of Section 2/Category 2 credits that it may have available, it will pay twenty-five percent (25%) of the 'Section 2/Category 2' portion of the TIF in cash. If City amends its TIF fee and as a result the City's outstanding balance due on loans is less than 25% of total Section 2/Category 2 improvements, the Developer shall pay such reduced percentage of the `Section 2/Category 2' portion of the TIF in cash." Section 7. Amendment to Subparagraph 5.3.6. Subparagraph 5.3.6 of the Agreement, which is set out in Exhibit B, is hereby amended to read as follows: "Subparagraph 5.3.6 -Credit Subsection a. Traffic Impact Fee Improvements Credit CITY shall provide a credit to DEVELOPER for those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the DEVELOPER in their ultimate location pursuant to this Agreement. All aspects of credits shall be governed by CITY's Administrative Guidelines regarding credits (Resolution No. 20-07 or as may be amended in the future). Subsection b. Traffic Impact Fee Right-of-Way Dedications Credit CITY shall provide a credit to DEVELOPER for any TIF area right-of- way dedicated by DEVELOPER to CITY which is required for improvements which are described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All aspects of credits shall be governed by CITY's Administrative Guidelines regarding credits (Resolution No. 20-07 or as may be amended in the future)." Section 8. Deletion of Subparagraph 5.3.7. Subsection b of Subparagraph 5.3.7 of the Agreement, which is set out in Exhibit B, is hereby deleted. Section 9. Amendment of Paragraph 23. Paragraph 23 is amended to read as follows: First Amendment to Development Agreement Page 5 of 7 Between City of Dublin and IKEA Property, Inc. ~ ~ ~~ "23. Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to CITY shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 follows: Notice required to be given to DEVELOPER shall be addressed as Stockbridge/BHV Emerald Place Land Company, LLC c/o Stockbridge Real Estate Funds 4 Embarcadero Center, Suite 3300 San Francisco, CA 94111 Attention: Mr. Zack Georgeson Telephone: (415) 658-3349 Facsimile: (415) 658-3449 With copies to: Gibson, Dunn & Crutcher LLP One Montgomery Street, Suite 3100 San Francisco, California 94104 Attention: Mary G. Murphy, Esq. Telephone No.: (415) 393-8257 Facsimile No.: (415) 374-8480 From and after January 1, 2009: 555 Mission Street San Francisco, California 94105 A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt." Section 10. Counterparts. This Agreement may executed in two (2) duplicate originals, each of which is deemed to be an original. Section 11. Recordation. CITY shall record a copy of this Agreement within ten days following execution by all parties. [EXECUTION PAGE FOLLOWS] First Amendment to Development Agreement Page 6 of 7 Between City of Dublin and IKEA Property, Inc. -~ ~~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written, CITY pF DUBLIN 5TOCKBRIDGEIBHV EMERALD PLACE LAND COMPANY, LLC, a Delaware limited liability company By: Janet Lockhart, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney By: STOCKBRiDGE FUND II/EMERALD PLACE INVESTMENT COMPANY, LLC, STOCKBRIDGE FUND D/EMERALD PLACE INVESTMENT COMPANY, LLC, STOCKBRIDGE FUND E/EMERALb PLACE INVESTMENT COMPANY, LLC, each a Delaware limited liability company and a "Stockbridge Member" By: STOCKBRIDGE REAL ESTATE PARTNERS ll, LLC, a Delaware limited liability company, manager of each of the By: Managing birector 1122434.4 By: BHV~DU~LIN, LLC, a California lirnite liability company .~--~, r ~~.~~_w By t ~~ ~ ,~- ~ '~ L.~d' Hunt Co=Manager First Amendment to ©evelopment Agreement Page 7 of 7 Between City of Dublin and IKEA Property, Inc. ii~i~ STATE OF CALIFORNIA COUNTYOF~~Ii'i `",~r2Gr~CC~ ) On ~ '' ~, ..2-C1 ~ ~ be ore me, ~c.~ ~-~a.rn.~' , a Notary Pu lic, personally appeared ~ ~-e,~h8~ ~~ (c~ ,who proved to me on the basis of satisfactory evidence to be the person(~s~ whose name{~ is/ark subscribed to the within instrument and acknowledged to me that hels~/tl~y executed the same in hislh~/their authorized capacity{i~), and that by his/hefltl~r signature{~ on the instrument the person{,, or the entity upon behalf of which the person{~j acted, executed the instniment. I certify under PENALTY OF PER3URY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and. official seal. Si nature 1'~ ~ / RENEE A AM 6 ,•~~~'.~;°.~ ~~t`.vt~~~'~~?,~t/,.2.-` Ct}MM.~17~At53 rwTANtr a CAUFOtUitA {Seal) ~'~ coumr Exp. OGT. 21, 2fl11 ~ ~~ r~ State of California /~ ~~ ~/`~ County of ~~ ~. l.N fit On ! ~ ~~ before me, tJ~~a ~./~-I~t..C~ ~~~~.~ ~LcC)~jC.. Date ~ Here Insert Name and TAie of the Utficer ' personally appeared ~ ' ~ t°l ~'~~ ~~_~ Name(s) of Signer(s) LlS~4 JAKUI~ Commitstan aMr 170495 ~ ~~t~ry a~,bit~ - cattt~rr~~ ~fN1fY0 ~OIItt! COU~f1/ t)ec 13 20i 1 who proved to me on the basis of satisfactory evidence to be the person' whose name~$'J isJ~''subscribed to the within instrument and acknowledged to me that he/sktefthey executed the same in hislhestr authorized capacity(jrasj, and that by his/her~2ir signature(~j Un the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. 1 certify under PENALTY OF PERJUR`! under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand n officials al. Place Notary Seal AUeve Signature /~y~ p~q~p~~q / Signatu Notary Public 6AJ"' TI V d X/~i l Though the information below is not required bylaw, it may prove valuable to persons relyi;<ry on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed toy signer{s) Signer's Name: - _ Individual Corporate Officer -Title(s): Partner - i!! Limited ~ General -' Attorney in Fact . ~°:»~'p Trustee rip of thumn r:ere Guardian or Canservator !!-.1 Other: Signer Is Representing: __.. _,_ ni2007 Natir;nal Notary AssxiaUCn • 9356iie 5otn Ave., RO. Boz 2~i02 Chatsacrth. CA 9!;it3 d~Q2 • vn:7v.N~,UOnalNotaryory Signer's Name: G Individual Corporate Officer -Title(s): __ C :Partner - rl Limited -' General L= Attorney in Fact ~ : Trustee Guardian or Gonservator i` Other: Signer Is Representing: ?op of fhurnn here iiern r;>JU7 Heoruec Gall Coll-Free t-800-87©-h827 i~ ~ ~~ EXHIBIT A Property Description All that certain real property situated in the City of Dublin, County of Alameda, State of California, described as follows: Parcel 2 of Parcel Map 7714 recorded on August 1, 2001, in Book 260 of Parcel Maps at Pages 30 through 33, Recorder's Series No. 2001277299, Alameda County records. RESOLUTION NO. 08 - 25 ~ I r A RESOLUTION OF THE PLANNING COMMISSION `1 I OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY FOR THE GREEN ON PARK PLACE RETAIL CENTER PROJECT APNS 986-0033-002 AND 986-0033-003 PA 07-019 WHEREAS, Blake Hunt Ventures submitted a Planned Development Rezoning and related Stage 2 Planned Development application fora 305,000 square foot commercial retail center (The Green on Park Place retail center) located on the 27.45-acre subject site. The project is proposed to consist of 270,000 square feet of retail uses and 35,000 square feet of restaurant uses in apedestrian-oriented outdoor center; and WHEREAS, the project area boundaries include Martinelli Way to the north, Hacienda Drive to the east, Highway 580 to the south, and Arnold Road to the west; and WHEREAS, on November 6, 2007, the City Council approved a Stage 1 Development Plan for the project site; and WHEREAS, on July 22, 2008, the Planning Commission did unanimously recommend that the City Council approve the Stage 2 Development Plan 'and related rezoning for The Green on Park Place Retail Center and Site Development Review approval; and WHEREAS, on July 22, 2008, the Planning Commission did unanimously approve Tentative Parcel Map 9783 for the project site (PC 08-017) Resolution 08-15; and WHEREAS, on August 19, 2008 the City Council approved the Stage 2 Development Plan and related rezoning for The Green on Park Place Retail Center (Ordinance 34-08) and approved the Site Development Review application (CC Resolution 147-08); and WHEREAS, in accordance with the implementing measures of the Eastern Dublin Specific Plan, the Project requires approval of a Development Agreement; and WHEREAS, there is already a Development Agreement which covers this project site: the Ikea Project Development Agreement (DA). The Ikea Project DA was adopted by the City Council via Ordinance 11-04 and was executed on May 6, 2004; and WHEREAS, the Project Applicant has elected to amend the existing Ikea Project DA instead of creating a new document. The entirety of the amendments to the Development Agreement are included as Attachment 1 to Exhibit A of this resolution; and WHEREAS, a complete application has been submitted and is available and on file in the Community Development Department; and WHEREAS, Pursuant to the California Environmental Quality Act and CEQA Guidelines Sections 15162 and 15164, an Addendum has been prepared to the Ikea Project Supplemental EIR and the Atta~hmpnt 7. Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendri ~aI prepared for The Green on Park Place project (at that time still referred to as the Emerald Place Retail Center project). The Addendum concluded that no new significant environmental impacts were identified and no substantial increase in the severity of previously identified impacts had been discovered as a result of the project. The Addendum includes the Initial Study, and along with the Supplementary Traffic Analysis conducted, was adopted by the City Council on October 2, 2007 when the first reading of the Stage 1 Planned Development rezoning was approved; and WHEREAS, the Planning Commission did consider said Development Agreement and did hold a public hearing on said application on October 14, 2008; 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 City Council approval of the Development Agreement; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Development Agreement: 1. Said Agreement is consistent with the objectives, policies, general land uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be Planned Development and that the Applicant's project is consistent with that designation; b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the Agreement sets forth the rules the Applicant and City will be governed by during the development process which is required by the Eastern Dublin Specific Plan and the Mitigation Monitoring Program of the Eastern Dublin Specific Plan. 2. Said Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that the project approvals included Planned Development zoning, Stage 2 Development Plan, Site Development Review, and Tentative Parcel Map. 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Applicant's project will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed. 4. Said Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreement and any Conditions of Approval for the Project. 5. Said Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby recommend that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and StockbridgeBHV .Emerald Place Land Company 2 of 3 for The Green on Park Place Retail Center Project with the Draft Ordinance as Exhibit A and the Development Agreement as Attachment 1 to Exhibit A. /~ PASSED, APPROVED AND ADOPTED this 14th day of October 2008 by the following vote: AYES: Schaub, Tomlinson, Wehrenberg, Biddle and King NOES: ABSENT: ABSTAIN: ATTEST: Planning Commission Chair Planning Manager G: IPA#12007107-019 BHV Lifestyle CenrerlPC Mtg 10.14.081PC Reso DA 10.14.08.doc 3 of 3