HomeMy WebLinkAboutReso 154-09 Positano Afford HousingRESOLUTION NO. 154 - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
APPROVING AMENDMENT NO.4 TO THE AFFORDABLE HOUSING AGREEMENT FOR
THE FIRST PHASE (416 UNITS) OF POSITANO TO MODIFY THE LOCATION OF THE
INCLUSIONARY UNITS WITHIN PART ONE OF THE FIRST PHASE OF THE PROJECT
(PA 05-038 AND PA 07-005)
WHEREAS, Dublin RE Investors, LLC (the Developer) is the owner of two parcels of land
within Fallon Village which together are known as Positano and consists of 1,043 residential
units; and
WHEREAS, an Affordable Housing Agreement is required by the Inclusionary Zoning
Regulations of City of Dublin Zoning Ordinance (Chapter 8.68}; and
WHEREAS, the Developer has proposed a comprehensive affordable housing proposal
to address the requirements of the lnclusionary Zoning Ordinance for the entire Positano
development and said proposal includes atternative methods of compliance with the
Inclusionary Zoning Regulations; and
WHEREAS, the City Council held a public meeting on October 18, 2005, to review the
affordable housing proposal, and the City Council directed Staff to work with the Developer to
refine the affordable housing proposal; and
WHEREAS, the City and the Developer subsequently entered into an Affordable Housing
Agreement for the Construction of Inclusionary Units in the First Phase (247 units) of the
Positano development, dated June 5, 2007 ("the First Phase Agreement"} and Amended on
June 17, 2008, November 4, 2008, and June 16, 2009, wherein the Developer agreed to
construct a total of 52 affordable units (11 single-family detached homes and 41 secondary
units); and
WHEREAS, the Agreement specifies the level of affordability (moderate-income, low-
income, and very low-income units are proposed), the location of the required detached and
secondary units, and the phases of the Project within which the affordable units must be
completed; and
WHEREAS, the City and Developer are parties to a subsequent Affordable Housing
Agreement to satisfy the affordable housing obligation for future phases of Positano; and
WHEREAS, Braddock and Logan, on behalf of Dublin RE Investors, LLC (the Developer)
has requested an amendment to the First Phase Agreement to (a) change the location of two of
the secondary units and (b) make non-substantive revisions to the First Phase Agreement's
provisions that require construction of the Inclusionary Units concurrently with the market-rate
units; and
Page 1 of 2
WHEREAS, the Project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA}; and
WHEREAS, a Staff Report dated October 20, 2009, and incorporated herein by
reference, described and analyzed the proposed amendment to the Affordable Housing
Agreement; and
WHEREAS, the City Council did use its independent judgment and consider all said
reports, recommendations and testimony.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Amendment No. 4 to the Affordable Housing Agreement for the First Phase
(416 units) of Positano attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
Amendment No. 4 to the Affordable Housing Agreement attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 20th day of October 2009, by the following
vote:
AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti
NOES: Councilmember Hart
ABSENT: None
ABSTAIN: None
J,~.
Mayor
ATTEST:
City Clerk
Reso No. 154-09, Adopted10-20-09, Item 4.7 Page 2 of 2
AMENDMENT N0.4 TO AFFORDABLE HOUSING AGREEMENT
FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND PAYMENT OF FEES
IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING UNITS
Dublin RE Investors, a California limited liability company.
First Phase (416 Residential Lots) of the Fallon Village Project
THIS AMENDMENT N0.4 TO AFFORDABLE HOUSING AGREEMENT is
hereby entered into this _th day of , 2009 by and between the City of Dublin ("the
City") and Dublin RE Investors, LLC, a California limited liability company and Braddock &
Logan Group II, L.P., a California limited partnership (collectively, "the Developer").
• Recitals
1. City and Dublin RE Investors are parties to an Affordable Housing Agreement for the
Construction of Inclusionary Units and Payment of Fees In Lieu of Constructing Inclusionary
Housing Units, dated June 5, 2007, as amended by the First Amendment to said agreement, dated
June 17, 2008, by Amendment No. 2 to said agreement, dated November 4, 2008, and by the
Amendment No. 3 to said agreement, dated June 16, 2009 ("the Agreement"), which agreement
sets forth an alternate method of the Developer's compliance with the Inclusionary Zoning
Regulations contained.in Chapter 8.68 of the Dublin Municipal Code ("the Regulations") for the
first 416 of the 1043 residential lots (the "Project"). Dublin RE Investors has conveyed some of
the residential units subject to this Agreement to Braddock & Logan Group II, L.P., which has
become a party to this Agreement.
2. The Agreement requires, among other things, that Developer construct 31
Inclusionary Units in "Part One of the Expanded First Phase" in the locations depicted in Exhibit
3. Developer now desires to alter the location of two of the thirty-one units, and the City is
agreeable to the proposed change in location.
3. The City is agreeable to the amendment proposed by the Developer, and the City
Council hereby finds that the alternate method of complying with the Regulations for the 416-
unit Expanded First Phase continues to meet the purposes of the Regulations.
NOW, THEREFORE, Developer and City for themselves and their respective
successors and assigns hereby agree as follows:
Section 1. Amendment of Section 3 0, f the Agreement. Section 3 of the Agreement is
amended to read as follows:
" 3. Developer's Compliance with Affordable Housing Obligation. Developer
intends to complete the First Phase in two phases, as follows.
a. Part One of Expanded First Phase (Initia1247 Residential
Parcels). Developer has identified a 247-lot portion of the Project, which is depicted in
Exhibit 2, that is referred to herein as "Part One of the Expanded First Phase."
Developer will satisfy its Affordable Housing Obligation for Part One of the Expanded
Amendment No. 4 Affordable Housing Agreement
First Phase of Positano Project
October 20, 2009
EXHIBIT A TO
Z l~ I °b 2~ o
First Phase by (a) constructing 31 Inclusionary Units (one (1) 1-bedroom, very low-
income, Second Unit; seven (7) 1-bedroom, low-income Second Units; twenty-one (21)
studio, very low-income Second Units; one (1) 4-bedroom, low-income Integrated Unit;
and one (1) 4-bedroom, moderate-income Integrated Unit; (b) making a $958.77
community benefit payment prior to issuance of each building permit in Part One of the
First Phase as provided in Section 5 of the Agreement. Exhibit 3 shows, in two separate
diagrams, the location and type of the Inclusionary Units to be constructed within Part
One of the Expanded First Phase.
b. Part Two of Expanded First Phase (Subsequent 169 Residential
Parcels). Developer has identified a 169-lot portion of the Project, which is depicted in
Exhibit 2, that is referred to herein as the "Part Two of the Expanded First Phase." Prior
to development on, and approval of subsequent final maps that include, Part Two of the
Expanded First Phase, Developer shall have received the approval of the Community
Development Director of a Diagram of Location of Additional Inclusionary Units in the
Expanded First Phase of the Project, in a form similar to Exhibit 3 attached hereto ("the
Subsequent Location Diagram"). Upon the Community Development Director's
approval, the Subsequent Location Diagram shall be added to Exhibit 3 to this
Agreement with respect to the Integrated Units to be constructed in connection with Part
Two of the Expanded First Phase. In approving the revised Exhibit 3, the Community
Development Director shall find (a) that the revised Exhibit 3 shows 12 additional very
low-income, Second Units and 9 additional moderate-income, Integrated Units; and (b)
that the 21 Inclusionary Units are "reasonably dispersed" throughout the Expanded First
Phase, as required by Section 8.68.030.E of the Regulations. Developer hereby agrees
that it will not assert the provisions of Government Code section 66458 to require the
City to approve additional phased final maps (beyond those for the creation of the 416
residential parcels in the Expanded First Phase) until such time as it has satisfied the
requirements of this Subsection.
c. Section 8.68.030 of the Regulations requires that all affordable
units in a project be constructed concurrently with a project or phase of a project. If the
Building Official or Community Development Director determines that the Inclusionary
Units have not been or are not being constructed concurrently with the market-rate units
in a particular phase, the Building Official shall withhold further issuance of building
permits in the phase until construction of the Inclusionary Units in the phase has been
completed to the satisfaction of the Community Development Director."
Section 2. Amendment to Section 20 of the Agreement. Section 20 of the Agreement is
amended to read as follows:
" 20. Exhibits. The following documents are referred to in this Agreement and
are attached hereto and incorporated herein as though set forth in full:
Exhibit 1 Property Description of the Property
Exhibit 2 Diagram of the First Phase of the Project
Amendment No. 4 Affordable Housing Agreement
First Phase of Positano Project
October 20, 2009
~~ r G~J 2~ U
Exhibit 3 Diagram of Location of Inclusionary Units in the First Phase of the
Project
Exhibit 4 Deleted
Exhibit 5 Single Family GreenPoint Checklist
Exhibit 6 Layperson's Guide to the Inclusionary Zoning Ordinance
Regulations
Exhibit 7 Resale Restrictions and Option to Purchase Agreement
Exhibit 8 Secondary Unit Regulatory Agreement
Exhibit 9 Memorandum of Affordable Housing Agreement for the
Construction of Inclusionary Units and the Payment of Fees In-
Lieu of Constructing Inclusionary Housing Units"
Section 3. Amendment of Exhibit 3. Exhibit 3 of the Agreement is hereby replaced with
Exhibit A to this Agreement.
Section 4. Deletion of Exhibit 4. Exhibit 4 of the Agreement is hereby deleted.
Section 5. Revised Memorandum ofAgreement to Be Recorded. Developer and City
shall execute and acknowledge a revised Memorandum of this Agreement ("Memorandum")
substantially in the form attached hereto as Exhibit B, and City shall cause the Memorandum to
be recorded in the Official Records of Alameda County upon its execution. This Memorandum
shall supersede and replace the Memorandum referenced in the Original Agreement.
Section 3. All other provisions of the Agreement shall remain in effect.
[EXECUTION PAGE FOLLOWS)
Amendment No. 4~Affordable Housing Agreement
First Phase of Positano Pro}ect
October 20, 2009
r~ ~ ~~,, ~j7 ~7C~
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date and yeaz first above written.
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
DUBLIN RE INVESTORS, LLC
a California limited liability company
By: Braddock and Logan Services, Inc.
a California corporation
Its Manager
B _
Name: c~ ~t~K.*~
s: ~;v
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock and Logan Services, Inc.
a California corporation
Its General Partner
~~ ,
~'~ t~.~1'tb-vc~'
Its: ~ to
Amendment No. 4 Affordable Housing Agreement
First Phase of Positano Project
4 October 20, 2009
Z~~~b ~~a
EXHIBIT A
Revised Exhibit 3 to the Agreement
["Diagram of Location of Inclusionary Units in the First Phase of the Project"]
}^a~~
O fr ?E~
~' ~ ~y ~
N 4
O~
a
-
0
,~ u ~
~~gg,!
w ~ 3 Z `,~`~~, ,~ o
~j ~
~
. N U ~i~E
33.:~d ~ ~ ~ ~ ~ GQ a
~ a ~ ~ ~ ~ oo
~ -- ~ ~ M
~ O
~'
o
A
A ~
Y ~ti
~~ E ~ E a+
~ °o ~ °o w
,~ ~ .. ~ r+ ,~ a~ tV .a
cti
~ 'Z ~ .n ~ y ~ > N b
O Qa i RI ~ o OV ] ~ cC Lam'.' ~ a+ i+
U ~ c ~~ ~ O ~ .S~ Fr ~ ~
A ~~ o~ ~~ og 3~ ~ a+~j,~ W
W ~ 1 1 1 'p ~ ~ ~ ~
W '~ 5~ O ~ me3 ~, ~, o. ~.o 'z b N J
O ~d 'O y0 °i ~ id
r ~ ~ ~
D o Q ~* ~
%^
~~~ ~.
~ -~;~ ~- 8
A -..
._ :~:a
®:; .._
_ ~ ,~a,..
:x„o
~~ ~~xsb~,~.
U~. 7
a~ ; '~~
,:o ~ <~
:: ~ ~~~ ;'
~`~ b
.~.~®
mj~~~'.
~o~~' e~+
.~®~~:
~,
~8_
r~,
o~, ~ ~: t'
Z fo 5 ~27
/,,
w R
~J~
C g ~
~
O
O O
~
-
O .'~ ~
~l ,..7 ~~~~
~3~
~ ~y ~y
,n
z Q~ g
~~.. w I
~~~
!~ ~ ¢
!1~ AO ~
i N
~l
~
~
~L .
~~'
~~~
O O¢ y
® O ~
~~D F
\
.\
\
, W ~ u
~ A ~w r d! ~'.
O ~
~~ W
E-~
.,.
o
v~
5=
u ~ ~
d1 'C Y
s ro
3w
a
o
b
0. n~
..a LJ
`~ . Y~ / '
G
O~tiP10W 1
'~ k ~, R Q
~' 7`
3 &
a s ~ ~ : `~
f
~~ ~o~
~ V .~ I. '~4=.:-
ONx3'lVS ~-~ ~'~. ,~k
o _,' :7
o ~'
z
~ ~ ~?~:
.o
_ ~_,
Y 7 7 ~ ~ Y
T E .y /
~~~
`f ~ ~;`
O 9 0 ~
a ~ < m
° ~ z -
w ~
o - 5 F a
z o
~ f i
< ~
1~
I ~ SEE .-- ---__ _
~`~/
/'~ ti
U~b~.
EXHIBIT B
Revised Memorandum of Agreement
for the Construction of Tnclusionary Units
2~~~ ~~a
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
MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND PAYMENT OF FEES
IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING UNITS
Dublin RE Investors, a California limited liability company.
First Phase. (416 Residential Lots) of the Fallon Village Project
This Memorandum of Affordable Housing Agreement for the Construction of
Inclusionary Units and the Payment of Fees In-Lieu of Constructing Inclusionary Units (this
"Memorandum") is entered into on this _ day of , 2009, by and between the
City of Dublin, a municipal corporation (hereafter "City") and Dublin RE Investors, LLC, a
California limited liability company, and Braddock & Logan Group II, L.P., a Califomia limited
partnership (collectively, "the Developer").
1. Pursuant to the Affordable Housing Agreement for the Construction of
Inclusionary Units and Payment of Fees In Lieu of Constructing Inclusionary Housing Units,
dated as of June 5, 2007, and as amended on June 17, 2008, on November 4, 2008, on June 16,
2009, and on , 2009, by and between City and Developer (the "Agreement"), the Parties
have set forth their respective obligations with respect to the provision of affordable units on
lands presently owned by Developer, a portion of the 1043 'residential parcel Positano Project
(the "Project"), and more specifically described in Exhibit A (the "Property"). These obligations
run with the land.
2.. The Agreement sets out the specific obligations for the construction of
Inclusionary Units and payment of fees in lieu thereof in conjunction with the initia1416-
residential parcel phase of the development of the Project ("the Expanded First Phase"). It also
obligates the Developer to make a Community Benefit Payment, as described in the Agreement,
prior to issuance of building permits for each residential unit (excepting Second Units) within the
Expanded First Phase. Development on, and the City's approval of subsequent final maps that
include, any portion of the Property beyond the Expanded First Phase shall require either an
amendment to this Agreement or a subsequent affordable housing agreement ("the Subsequent
Agreement") setting forth the manner in which the Regulations will be complied with for the
remainder of the Project. The Agreement also contains the Developer's covenant, on behalf of
itself, and its successors and assigns, that it will not assert the provisions of Government Code
section 66458 to require the City to approve additional phased final maps (beyond those for the
creation of the 416 residential parcels in the Expanded First Phase) until such time as it has
entered into the Subsequent Agreement. .
3. Developer and City have executed and recorded this instrument to give notice of
the Agreement, and the respective rights and obligations of Developer and City. The
unrecorded Affordable Housing Agreement for the Construction of Inclusionary Units and
Payment of Fees in Lieu of Constructing Inclusionary Housing Units is incorporated by
reference in its entirety in this Memorandum.
4. This Memorandum shall bind and inure to the benefit of the parties and their
respective heirs, successors and assigns, subject however to restrictions set forth in the
Agreement regarding assignment.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date and year first above written.
CITY OF DUBLIN DUBLIN RE INVESTORS, LLC
a California limited liability company
By:
Joni Pattillo, City Manager
By: Braddock and Logan Services, Inc.
a California corporation
Its Manager
Attest:
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
By.--..
Name: ^Fr' ~-J ~L~G~"
. v~
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock and Logan Services, Inc.
a California corporation
Its General Partner
y:
Its: `~~''
Zoo ~ Z?c
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Q,~hh~,~ ~ ~57~
On ~ ~ C~ before me, ~ H ~~ ~ • ~r1~,~' ~~ ~ t3"f`f~a~1 Pt)P~UC
Date ~"' Here Insert Name and Title o Officer
R .r* r- _
personally appeared
who proved to me on the basis of satisfactory evidence to
be the person~Q whose name(~d subscribed to the
within instrument and acknowledged to me that
~/sf~aeq executed the same ir~~s heir authorized
capacity(i~, and that by~r signature on the
instrument the person(`, or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
NANCY E. EMBREY
Canmissbn # 1859710 =
Notary Public - Camornia ~
Corrtra Costa County
Conan. Ex ires Au 1, 2013
Place Notary Seal Above
WITNESS my hand and official seal.
Signature ~-~ ~~
ig ature of Notary Public
OPTJONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment o/~f this form to another document. ~J
Description of Attached Document~'~~~lD ~ i~ ~~ ~ ~( c~ `~`° C~'~• `l
Title or Type of Document: ~~'`~'~'~' u-'`'~~~ P` r 1~ ~~ 4-+~y.,
s u n i.ar ~ !lC nn
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signet s Name:
^ Individual
^ Corporate Officer -Title(s): -
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Top of thumb here
of Pages:
Signer's Name:
^ Individual
^ Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact •
^ Trustee Top of thumb here
^ Guardian or Conservator
^ Other:
Signer Is Representing;
®2007 National Notary Association •9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder:Call Toll-Free 1-800-876-6827