HomeMy WebLinkAbout6.1 Fallon Gateway DA~~~.~ OF DpB~y
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DATE:
TO:
FROM:
SUBJECT:
STAFFREPORT CITY CLERK
DUBLIN CITY COUNCIL File # ^~~~-~~
September 7, 2010
Honorable Mayor and City Councilmembers
Joni Pattillo, City Manager
~ PUBLIC HEARING - PA 08-034 Fallon Gateway Commercial Center,
Development Agreement for Fallon Gateway.
Report prepared by Mike Porto, Consulting Planner and Martha Aja,
Environmental Specialist
EXECUTIVE SUMMARY:
The Fallon Gateway Project is a commercial center which includes 379,053 square feet of retail
development, with the first three phases totaling 311,553 square feet of development. The
project site is located at the southwest corner of Dublin Boulevard and Fallon Road. The item
before the City Council for approval is the Project Development Agreement.
FINANCIAL IMPACT:
This project poses no financial impact to the City.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the Public
Hearing; 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 approving a Development
Agreement for Fallon Gateway.
S bmitted By
Community Development Director
_ _
COPIES TO: Applicant
File
Revie y
Assistant City Manager
ITEM NO.: ~7 • ~
Page 1 of 5
G:IPA#120081PA OS-034 Fallon Gateway (Target)ICity Council 9.7.101Fallon Gateway Staff Report.doc
DESCRIPTION:
Background:
The 33.91 net acre project site is bounded to the
north across Dublin Boulevard by a vacant property
approved for General Commercial uses; to the
south by Interstate 580; to the west by a vacant
property owned by Kaiser Permanente approved for
Campus Office and anticipated to be developed with
medical offices and a hospital; and to the east
(across Fallon Road) by a vacant property approved
for General Commercial land uses (refer to the
Vicinity Map to the left).
F~LLON ~~;
r,u~rtr~;~cA,~sr~ .~~'r~wAy '~~ The Fallon Gateway project site is within Area C of
~ ~~ ~'~~.~~, ~„~ ~~ ;.; Dublin Ranch within the Eastern Dublin Specific
~ -~ ~ '~ Plan Area. Area C covers approximately 85 acres
'~"' •'"~- including the 33.91 acre Fallon Gateway project
,~~. ~ ~ .. _ ~ ,~ ~~.~~~ site.
Entitlement History:
The zoning requirements for Dublin Ranch Areas B-E (which includes the project site) were
established by Ordinance 24-97 dated December 2, 1997 establishing a Planned Development
Rezone, and by the City Council Resolution 141-97 dated November 18, 1997. The Planned
Development rezone for Areas B-E predates the Stage 1 and Stage 2 Development Plans
referenced in Chapter 8.32 (Planned Development Zoning District) of the City of Dublin's Zoning
Ordinance.
In April 2009, the Planning Commission held a public hearing and reviewed the Fallon Gateway
project. At that meeting, the Planning Commission approved a Resolution approving a Site
Development Review for Phases 1, 2 and 3 of the project (Resolution No. 09-18). The Site
Development Review included 4 major tenant spaces (Major A, Major B, Major C and Major D)
and 6 smaller retail buildings (Shops 5- 10) for a total of 311,553 square feet of development.
Additionally, the Planning Commission recommended that the City Council adopt an Ordinance
approving an amendment to the Planned Development (PD) District for Dublin Ranch Area C to
establish architectural and landscape design criteria, specific parking standards and the
permitted, conditional and temporary uses for the entire Fallon Gateway project site (Phase 1, 2,
3 and 4). Because this project was approved under the existing Area B-E Planned
Development, it was appropriate to amend the PD document to modify the design criteria,
parking standards and the permitted conditional and temporary uses.
In June 2009, the City Council adopted an Ordinance approving an amendment to the PD
District for Dublin Ranch Area C, specifically for the Fallon Gateway site, to establish
architectural and landscape design criteria, parking standards, permitted, conditional and
temporary uses (Ordinance No. 9-09). The amendment to the PD District of Dublin Ranch Area
C applies to all phases of development for the Fallon Gateway Commercial Center.
In March 2010, the Applicant, in finalizing their agreement with Target Stores, became aware of
concerns that Target had with the approved building layout and the multiple exterior building
materials that were approved for the Target fa~ade. Target requested that some minor
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modifications be made to the floor plan and exterior elevations to eliminate the garden center
and to reduce the number of exterior building materials. Staff worked with the Applicant and the
Target representatives to modify the Target building. Section 8.104.040. A.,13. "Minor Fa~ade
Modifications" of the Zoning Ordinance designates the Community Development Director as
review authority for modifications such as but not limited to .....building materials, architectural
details or a combination of improvements which would typically require a Site Development
Review Waiver if constructed separately. On May 18, 2010, pursuant to Section 8.104.040, the
Community Development Director approved the minor revisions.
Subsequently, the Planning Commission did review the Development Agreement and Fallon
Gateway for overall minor revisions for the entire center relating to the Target modifications in
order to keep the center consistent architecturally on August 10, 2010. Details of the Planning
Commission's review are included on page 5 of this Staff Report.
Current Proposal:
The application before the City Council consists of a Development Agreement between the City
of Dublin and the Applicant, Stanforth Holding Company, L.L.C.
ANALYSIS:
Development Agreement
Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement
between the City and the Developer. 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
issuance of building permits for the development of the property.
The Development Agreement provides security to the developer that the City will not change its
zoning and other laws applicable to the project for a period of 5 years and would terminate in
2015. The City also benefits from entering into the Development Agreement with the property
owner. This document is a contract that establishes obligations for meeting the goals of the
EDSP and guarantees timing for construction of public infrastructure and facilities for the project
area. Additionally, it ensures that dedications of property and easements are made, project
phasing is followed, the appropriate fees are paid for the development, and any additional terms
of the agreement are carried out as development proceeds. The proposed Development
Agreement also would be consistent with the preceding development agreements.
In return, the Developer agrees to comply with the Conditions of Approval and, in some cases,
make commitments for which the City might otherwise have no authority to compel the
Developers to perform. Specifically, the Development Agreement augments the City's standard
development regulations; defines the precise financial responsibilities of the developer; ensures
timely provision of adequate public facilities for each project; and provides terms for the
Developer to advance funds for specific facilities which have community or area-wide benefit or
for reimbursement from future development, as appropriate. Since the Development Agreement
runs with the land, the rights thereunder can be assigned.
The Development Agreement proposed is a standard Development Agreement. There are no
unique or special provisions. A City Council Ordinance approving the Development Agreement
is included as Attachment 1, with the Development Agreement attached as Exhibit A.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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In accordance with State law, a Public Notice was mailed to all property owners and occupants
within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times
and posted at several locations throughout the City.
ENVIRONMENTAL REVIEW:
On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an
Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and
Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted
of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated
May 4, 1993, assessing a reduced development alternative. The City Council adopted
Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced
area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second
Addendum updating wastewater disposal plans for Eastern Dublin. For identified impacts that
could not be mitigated to a less than significant level, the City Council adopted a Statement of
Overriding Considerations for cumulative traffic, extension of certain community facilities
(natural gas, electric and telephone service), regional air quality, noise, and other impacts.
The Eastern Dublin Specific Plan was adopted by the City to encourage orderly growth of the
Eastern Dublin area. Because the Eastern Dublin project proposed urbanization of the almost
completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion
of agricultural and open space lands to urban uses. These impacts together with visual and
other impacts from urbanization were also determined to be significant and unavoidable. Where
the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted
mitigation measures continue to apply to implementing projects such as Fallon Gateway, as
appropriate.
The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects
of urbanizing Eastern Dublin over a 20 to 30 year period. As such, the Eastern Dublin EIR
addressed the cumulative effects of developing in agricultural and open space areas and the
basic policy considerations accompanying the change in character from undeveloped to
developed lands.
In 1997, the Dublin City Council approved a Negative Declaration (Resolution No. 140-97) for
the Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fallon
Gateway project site. After completing an Initial Study, it was determined that the rezoning
would not have any significant environmental impacts which were not already adequately
described and analyzed in the Program EIR. The project as proposed does not exceed the
thresholds identified in the Negative Declaration.
No further environmental document is needed because the environmental impacts of this project
were fully addressed and within the scope of the Final EIR for the Eastern Dublin General Plan
Amendment, Specific Plan and subsequent Addendum and the 1997 Negative Declaration.
Planning Commission Action:
On August 10, 2010, the Planning Commission held a public hearing to review the Fallon
Gateway Project. At the public hearing, the Planning Commission discussed access points to
the site, truck movements through the site, the longevity of the pedestals in the medians, the
pedestrian friendly elements of the center and the Development Agreement. The Planning
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Commission Agenda Statement is included as Attachment 2 and the draft minutes of the
Planning Commission meeting are included as Attachment 3.
The Commission deliberated and approved the following resolutions by a 5-0 vote:
• Resolution 10-32, approving a Conditional Use Permit for a Minor Amendment to the
Planned Development Zoning District and Site Development Review amendments for
Fallon Gateway (Attachment 4); and
• Resolution 10-33, recommending that the City Council adopt an Ordinance approving a
Development Agreement for the Fallon Gateway Project (Attachment 5).
ATTACHMENTS:
1) Ordinance approving a Development Agreement for Fallon
Gateway with the Development Agreement included as Exhibit
A.
2) Planning Commission Agenda Statement, August 10, 2010
(without Attachments).
3) Draft Planning Commission meeting minutes, August 10, 2010.
4) Planning Commission Resolution 10-32 approving a Conditional
Use Permit for a Minor Amendment to the Planned Development
Zoning District and Site Development Review amendments for
Fallon Gateway.
5) Planning Commission Resolution 10-33 recommending that the
City Council adopt an Ordinance approving a Development
Agreement.
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~~'~ ~ J
ORDINANCE NO. XX - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
APPROVING A DEVELOPMENT AGREEMENT FOR FALLON GATEWAY BETWEEN THE
CITY OF DUBLIN AND STANFORTH HOLDING COMPANY, L.L.C.
APN: 985-0027-009-03
PA 08-034
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Fallon Gateway ("Project") is located within the boundaries of the
Eastern Dublin Specific Plan ("Specific Plan) in an area, which is designated on the General
Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as General
Commercial.
B. The project is located within the Eastern Dublin Specific Plan area, which was the
subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern
Dublin Specific Plan (SCH #91103064), certified by City Council Resolution 51-93 on May 10,
1003, with two addenda approved on May 4, 1993 and August 22, 1994. In 1997, a Negative
Declaration for the Planned Development Rezoning of Dublin Ranch Areas B-E was approved
by Resolution No. 140-97 of the City Council. After completion of an Initial Study, it was
determined that the rezoning would not have significant environmental impacts which where not
already adequately described and analyzed in the Program EIR. No further environmental
review is needed for the current application because the environmental impacts of this project
were fully addressed and within the scope of the final EIR for the Eastern Dublin General Plan
Amendment, Specific Plan and subsequent Addenda and the 1997 Negative Declaration.
C. A public hearing on the proposed Development Agreement was held before the
Planning Commission on August 10, 2010, for which public notice was given as provided by law.
D. The Planning Commission has made its recommendation to the City Council for
approval of the Development Agreement.
F. A public hearing on the proposed Development Agreement was held before the
City Council on September 7, 2010 for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission
who considered the item at its August 10, 2010 meeting, including the Planning Commission's
reasons for its recommendation, the Staff Report, all comments received in writing and all
testimony received at the public hearing.
Page 1 of 3 ~, ~ q-~ _ f~
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Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b)
the City of Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (d) the Eastern Dublin
EIR, (e) 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, land uses and programs
specified and contained in the City's General Plan and Eastern Dublin Specific Plan in that (a)
the project includes a Planned Development Rezone and Site Development Review application
for the Fallon Gateway project to establish architectural and landscape design criteria, parking
standards and uses for the Fallon Gateway project, (b) the proposed project is consistent with
the existing General Commercial land use designation of the project site, (c) the project is
consistent with the fiscal policies in relation to provision of infrastructure and public services of
th~e City's Eastern Dublin Specific Plan/General Plan; and (d) the Fallon Gateway Development
Agreement includes provisions relating to vesting of development rights, and similar provisions
set forth in the Specific Plan.
2. The Fallon Gateway 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 Site
Development Review application for the Fallon Gateway project site.
3. The Fallon Gateway 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 General Plan and the Eastern Dublin Specific Plan which have
planned for commercial uses at this location.
4. The Fallon Gateway 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 Fallon Gateway Development Agreement will not adversely affect the orderly
development of property or the preservation of property values in that the project will be
consistent with the General Plan and with the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A) and
authorizes the Mayor to 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.
Page 2 of 3
~b~~~~
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\PA#\2008\PA 08-034 Fallon Gateway (Target)\Planning Commission 8.10.10 CUP amend PD.DA\CC Ordinance DA.DOC
Page 3 of 3
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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
~P~'
~
Space above this line for Recorder's use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
STANFORTH HOLDING COMPANY, L.L.C.
FOR THE FALLON GATEWAY PROJECT
EXHIBIT A TO
ATTACHMENT 1
~~~ 5i
THIS DEVELOPMENT AGREEMENT (this "Agreement" or this
"Development Agreement") is made and entered in the City of Dublin on this 21St
day of September, 2010, by and between the CITY OF DUBLIN, a Municipal
Corporation (hereafter "City") and Stanforth Holding Company, L.L.C., a
Delaware limited liability company (hereafter "Developer") pursuant to the
authority of §§ 65864 ef seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.56. City and Developer are, from time-to-time,
individually referred to in this Agreement as a"Party," and are collectively
referred to as "Parties."
RECITALS
A. California Government Code §§65864 et seq. ("Development
Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter
"Chapter 8.56") authorize the City to enter into a Development Agreement for the
development of real property with any person having a legal or equitable interest
in such property in order to establish certain development rights in such property.
B. Developer intends to purchase, desires to develop, and holds an
equitable interest in certain real property consisting of approximately 33.9 acres
of land, located in the City of Dublin, County of Alameda, State of California,
which is more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and which real property is hereafter called
the "Property."
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property. The Eastern
Dublin Specific Plan requires Developer to enter into a development agreement
as a condition of the development of the Property.
D. The Property is within Area C, which is subject to a Master
Development Agreement between the City of Dublin and the Lins dated June 29,
1999 and recorded in Official Records Alameda County on July 8, 1999 as
Instrument No. 99251790, and a Supplemental Development Agreement
between the City of Dublin and the Lins dated April 18, 2000 and recorded in
Official Records of Alameda County on November 13, 2000 as Instrument No.
200335772.
E. Developer proposes the development of the Property, and
Developer proposes to develop 3 initial phases of the project on approximately
27.33 net acres, consisting of 10 structures totaling approximately 311,553
square feet ("the Initial Phase"). At a later date, Developer will develop the
remaining portions of the Property. The Initial Phase and the remaining phase or
phases of the development are collectively referred to as "the Project."
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 2 of 16
for the Fallon Gateway Project
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F. Developer, or its predecessor in interest, has applied for, and City
has approved or is processing, various land use approvals in connection with the
development of the Project, including, without limitation, the Stage 1 and Stage 2
Development Plan for Area C(Ord. No. 24-97, as amended by Ord. No. 9-09 and
by Planning Commission Reso. No. 09-18); and Site Development Review for the
Initial Phase (Planning Commission Reso. No. 09-18). All such approvals
collectively, together with any approvals or permits now or hereafter issued with
respect to the Project are referred to as the "Project Approvals."
G. Development of the Property by Developer may be subject to
certain future discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective.
It is specifically anticipated that the Project will require additional site
development review approval for the phases in the shopping center following the
Initial Phase.
H. City desires the timely, efficient, orderly and proper development of
the Project.
I. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
the Development Agreement Statute and Chapter 8.56.
J. City and Developer have reached agreement and desire to express
herein a Development Agreement that witl facilitate development of the Project
subject to conditions set forth herein.
K. The Fallon Gateway site is subject to the Eastern Dublin Specific
Plan, for which an Environmental Impact Report (EIR, SCH 91103064) was
certified by the City Council in Resolution No 51-93 on May 10, 1993 and
Addenda dated May 4, 1994 and August 22, 1994. The EIR is a Program EIR
which anticipated several subsequent actions related to future development in
Eastern Dublin. Upon approval of the Specific Plan, the City adopted a Statement
of Overriding Considerations and a Mitigation Monitoring Program which included
numerous measures intended to reduce impacts from the development of the
Eastern Dublin area. In 1997, the City Council approved a Negative Declaration
through Resolution No. 140-97 for the Planned Development Rezoning of Dublin
Ranch Areas B-E, which includes the Fallon Gateway site. The Negative
Declaration concluded that the rezoning would not have any significant
environmental impacts which were not already adequately described and
analyzed in the Program EIR. The Fallon Gateway project as proposed does not
exceed the thresholds identified in the Negative Declaration. No further
environmental review is needed for the Development Agreement because the
environmental impacts of development at Fallon Gateway were fully addressed
and are within the scope of the Eastern Dublin Specific Plan EIR and subsequent
Addenda, and the 1997 Negative Declaration, and the proposed project is
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 3 of 16
for the Fallon Gateway Project
~~~ ~l
subject to all applicable mitigation measures and the related Mitigation
Monitoring Program.
L. On September 21, 2010, 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 October 21,
2010 ("the Approval Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows:
AGREEMENT
1. Description of Propertv.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it is
the owner of the property.
3. Relationship of Citv and Developer,
It is understood that this Agreement is a contract that has been negotiated and
voluntarily entered into by the City and Developer and that the Developer is not
an agent of the City. The City and Developer hereby renounce the existence of
any form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1 Effective Date. The effective date of this Agreement shall be the
Approval Date ("the Effective Date").
4.2 Term. The term of this Agreement shall commence on the
Effective Date and extend five (5) years thereafter, unless said term is otherwise
terminated or modified by circumstances set forth in this Agreement.
5. Use of the Propert rL.
5.1 Right to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments
to any of them as shall, from time to time, be approved pursuant to this
Agreement (such amendments once effective shall become part of the law
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 4 of 16
for the Fallon Gateway Project
8 ~~ s~
Developer is vested into without an additional amendment of this Agreement).
Notwithstanding the foregoing or anything to the contrary herein, any amendment
to the General Plan, Specific Plan and PD zoning applicable to the Property and
in effect on the Effective Date shall not become part of the law Developer is
vested into under this Agreement unless an additional amendment of this
Agreement is voluntarily entered into between Developer and City in accordance
with State and City laws.
5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by the City) and other terms and conditions of development applicable
to the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals (subject to the
provisions of Section 5.1).
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions. (These
conditions do not affect Developer's responsibility to obtain all other land use
approvals required by the ordinances of the City of Dublin other approvals from
regulatory agencies.)
See Exhibit B
5.3.2 Mitiqation Conditions. Additional or modified conditions
agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development of the
Project.
See Exhibit B
5.3.3 Phasinq, Timinq. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified time,
and that the Project or any phase thereof be completed within a specified time.
See Exhibit B
5.3.4 Financing Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
Dublin/Stanforth Holding Company, L.L.C. DevelopmentAgreement Page 5 of 16
for the Fallon Gateway Project
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5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7 Miscellaneous. Miscellaneous terms.
Not applicable.
6. Applicable Rules, Requlations and Official Policies.
6.1 Rules Reqardinq Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies
governing the permitted uses of the Property, governing density and intensity of
use of the Property and the maximum height, bulk and size of proposed buildings
shall be those in force and effect on the Effective Date of the Agreement.
6.2 Rules Reqarding Desiqn and Construction. Unless otherwise
expressly provided in Paragraph 5 of this Agreement, the ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect at the time of the applicable discretionary approval,
whether the date of that approval is prior to or after the date of this Agreement.
Ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards and specifications applicable to public
improvements to be constructed by Developer shall be those in force and effect
at the time of the applicable discretionary approval, whether date of approval is
prior to or after the date of this Agreement.
6.3 Uniform Codes Applicable. The Project shall be constructed in
accordance with the provisions of the-Uniform Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, in effect at the time of approval of the appropriate
building, grading, encroachment, or other construction permits for the Project.
7. Subsequentlv Enacted Rules and Requlations.
7.1 New Rules and Requlations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date of this Agreement and which are not in conflict with those
applicable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 6 of 16
for the Fallon Gateway Project
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policies would not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official policies have general applicability.
7.2 A~proval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions, rules, regulations and policies except that such subsequent actions
shall be subject to any conditions, terms, restrictions, and requirements expressly
set forth herein.
7.3 Moratorium Not Apqlicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of the City, by initiative, referendum, or otherwise,
that imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
the City agrees that such ordinance, resolution or other measure shall not apply
to the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558.
8. Subsequentlv Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications The City and Developer agree that
the fees payable and exactions required in connection with the development of
the Project for purposes of mitigating environmental and other impacts of the
Project, providing infrastructure for the Project and complying with the Specific
Plan shall be those set forth in the Project Approvals and in this Agreement
(including Exhibit B). The City shall not impose or require payment of any other
fees, dedications of land, or construction of any public improvement or facilities,
shall not increase or accelerate existing fees, dedications of land or construction
of public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective only; and (3) the
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development in accordance with this Agreement.
8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
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8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by the City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XfIID of the Constitution and Developer does not return its ballot, Developer
agrees, on behalf of itself and its successors, that the City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
charge.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the Effective Date of
this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the
City, the parties shall meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation.
Any such amendment or suspension of the Agreement shall be subject to
approval by the City Council in accordance with Chapter 8.56.
9.2 Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this.Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses of the Property as provided in paragraph 5.2; (c) provisions for "significant"
reservation or dedication of land as provided in Exhibit B; (d) conditions, terms,
restrictions or requirements for subsequent discretionary actions; (e) the density
or intensity of use of the Project; (fl the maximum height or size of proposed
buildings; or (g) monetary contributions by Developer as provided in this
Agreement, shall not, except to the extent otherwise required by law, require
notice or public hearing before either the Planning Commission or the City
Council before the parties may execute an amendment hereto. The City's Public
Works Director shall determine whether a reservation or dedication is
"significant".
9.4 Cancellation by Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit
B of this Agreement prior to the date of cancellation shall be retained by the City.
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10. Term of Project Approvais.
Pursuant to California Government Code Section 66452.6(a), the term of
any vesting tentative map described above shall automatically be extended for
the term of this Agreement. The term of any other Project Approval shall be
extended only if so provided in Exhibit B.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2011 and thereafter between each July 15 and
August 15 during the Term.
11.2 Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
11.3 Staff Reports. To the e~ent practical, the City shall deposit in the
mail and fax to Developer a copy of all staff reports, and related exhibits
concerning contract perFormance at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by the City in connection with the
annual review shall be paid by Developer in accordance with the Gity's schedule
of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in the City's regulations
governing development agreements, expressly including the remedy of specific
perFormance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
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12.3 No Damaqes Aqainst Citv. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against the
City upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Either party may, at any time, and from time to time, request written notice
from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonably be agreed to by the parties.
City Manager of the City shall be authorized to execute any certificate requested
by Developer. Should the party receiving the request not execute and return
such certificate within the applicable period, this shall not be deemed to be a
default, provided that such party shall be deemed to have certified that the
statements in clauses (a) through (c) of this section are true, and any party may
rely on such deemed certification.
14. Mortgaqee Protection; Certain Riqhts of Cure.
14.1 Mortqaqee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
14.2 Mortqagee Not Obligated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
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14.3 Notice of Defauit to Mortqagee and Extension of Riqht to Cure. If
the City receives notice from a Mortgagee requesting a copy of any notice of
default given Developer hereunder and specifying the address for service
thereof, then the City shall deliver to such Mortgagee, concurrently with service
thereon to Developer, any notice given to Developer with respect to any claim by
the City that Developer has committed an event of default. Each Mortgagee shall
have the right during the same period available to Developer to cure or remedy,
or to commence to cure or remedy, the event of default claimed set forth in the
City's notice. The City, through its City Manager, may extend the thirty-day cure
period provided in paragraph 12.2 for not more than an additional sixty (60) days
upon request of Developer or a Mortgagee.
15. Severability.
The unenforceability, invalidity or illegality of any provisions, covenant,
condition or term of this Agreement shall not render the other provisions
unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
If the City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs in addition to any other
relief to which it may otherwise be entitled. If any person or entity not a party to
this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the parties shall
cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse the
City for all reasonable court costs and attorneys' fees expended by the City in
defense of any such action or other proceeding.
17. Transfers and Assianments.
17.1 Right to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a"Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer arising
hereunder and that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of Developer's rights, interests and obligations hereunder shall occur
without prior written notice to City and approval by the City Manager, which
approval shall not be unreasonably withheld or delayed.
17.2 Approval and Notice of Sale, Transfer or Assiqnment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after Developer's notice, provided all necessary documents,
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certifications and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations
that have been transferred and those which have been retained by Developer)
shall be recorded in the official records of Alameda County, in a form acceptable
to the City Manager, concurrently with such sale, transfer or assignment.
17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of
all of Developer's rights, interests and obligations hereunder pursuant to
Paragraph 17.1 of this Agreement, Developer shall be released from the
obligations under this Agreement, with respect to the Property transferred, sold,
or assigned, arising subsequent to the date of City Manager approval of such
transfer, sale, or assignment; provided, however, that if any transferee,
purchaser, or assignee approved by the City Manager expressly assumes all of
the rights, interests and obligations of Developer under this Agreement,
Developer shall be released with respect to all such rights, interests and
assumed obligations. In any event, the transferee, purchaser, or assignee shall
be subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval.
17.4 Developer's Riqht to Retain Specified Riqhts or Obliqations.
Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18, Developer may
withhold from a sale, transfer or assignment of this Agreement certain rights,
interests and/or obligations which Developer shall retain, provided that Developer
specifies such rights, interests and/or obligations in a written document to be
appended to this Agreement and recorded with the Alameda County Recorder
prior to the sale, transfer or assignment of the Property. Developer's purchaser,
transferee or assignee shall then have no interest or obligations for such rights,
interests and obligations and this Agreement shall remain applicable to
Developer with respect to such retained rights, interests and/or obligations.
17.5 Termination of Aqreement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the burdens of
this Agreement shall terminate as to any lot which has been finally subdivided
and individually (and not in "bulk") leased (for a period of longer than one year) or
sold to the purchaser or user thereof and thereupon and without the execution or
recordation of any further document or instrument such lot shall be released from
and no longer be subject to or burdened by the provisions of this Agreement;
provided, however, that the benefits of this Agreement shall continue to run as to
any such lot until a building is constructed on such lot, or until the termination of
this Agreement, if earlier, at which time this Agreement shall terminate as to such
lot.
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18. Aareement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement shall be binding upon the Parties and their respective heirs,
successors and assignees, representatives, lessees, and all other persons
acquiring the Property, or any portion thereof, or any interest therein, whether by
operation of law or in any manner whatsoever. All of.the provisions of this
Agreement shall be enforceable as equitable servitudes and shall constitute
covenants running with the land pursuant to applicable laws, including, but not
limited to, Section 1468 of the Civil Code of the State of California. Each
covenant to do, or refrain from doing, some act on the Property hereunder, or
with respect to any owned property, (a) is for the benefit of such properties and is
a burden upon such properties, (b) runs with such properties, and (c) is binding
upon each party and each successive owner during its ownership of such
properties or any portion thereof, and shall be a benefit to and a burden upon
each party and its property hereunder and each other person succeeding to an
interest in such properties.
19. Bankruptcy_
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
Developer agrees to indemnify, defend and hold harmless the City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of the City, its contractors, subcontractors, agents or employees or with
respect to the maintenance, use or condition of any improvement after the time it
has been dedicated to and accepted by the City or another public entity (except
as provided in an improvement agreement or maintenance bond). If City is
named as a party to any legal action, City shall cooperate with Developer, shall
appear in such action and shall not unreasonably withhold approval of a
settlement otherwise acceptable to Developer.
21. Insurance.
21.1 Public Liabilitv and Property Damage Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
Dublin/Stanforth Holding Company, L.L.C. DevelopmentAgreement Page 13 of 16
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than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar
($100,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2 Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish the City satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 and evidence that the carrier is
required to give the City at least fifteen days prior written notice of the
cancellation or reduction in coverage of a policy. The insurance shall extend to
the City, its elective and appointive boards, commissions, officers, agents,
employees and representatives and to Developer performing work on the Project.
22. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of the City.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to the City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Stanforth Holding Company, LLC
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Attn: James Tong
Fax No. (925) 463-1861
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.
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Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Aqreement is Entire Understandinq.
This Agreement constitutes the entire understanding and agreement of the
parties.
24. Limited Liabilitv Companv Authority
If Developer is a limited liability company, each individual executing this
Agreement on behalf of that company represents and warrants that:
(a) The individual executing this Agreement on behalf of the company has
full power and authority under the company's governing documents to execute
and deliver this Agreement in the name of and on behalf of the company and to
cause the company to perform its obligations under this Agreement;
(b) The company is a limited liability company duly organized and validly
existing under the laws of the State of Delaware and is duly qualified and validly
existing as a foreign limited liability company in California; and
(c) The company has the power and authority under applicable law and its
governing documents to execute and deliver this Agreement and to perform its
obligations under this Agreement.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement is executed in three (3) duplicate originals, each of which
is deemed to be an original.
27. Recordation.
The City shall record a copy of this Agreement within ten (10) days
following execution by all parties.
[Execution Page Follows]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
1475135.3
DEVELOPER
Stanforth Hol ing Company, L.L.C.,
a Delavpa~ li ited liability company
By:
Jame`~~ng
Its: M~4~~a er
(NOTARIZATION ATTACHED)
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ACKNOWLEDGMENT
State of California
County of ~L~t.vbr;7~- )
On 7~L~/ ~1 i~~~ before me, b11~tEi. T~,v~ iv~~Q~/ +°v~~t ~
(insert name and title of the offi er)
personally appeared _ ~,~n,~1~s 'C~N~,~
who proved to me on the basis of satisfactory evidence to be the persor~whose name~s/~
subscri ed to the within instrument and acknowledged to me that he/s~~ tt executed the same in
his/ r/~ authorized capacity i , and that by his/~~ signature on the instrument the
person~a~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.
WITNESS my hand and official seal. , M~ ~
Coa~mHNon I 17719+19 ~
~ Notary'ub11c - CaNtanla ~
Atam~da Counfy
Signature (Seal) ~~,~,~CO~""''~~~'~~~
~i~~~~
Exhibit A
Legal Description of Property
Parcels 1, 2, 3, 4, and 5 as shown on that certain map entitled "Parcel Map 9827"
recorded in Book 315 of Parcel Maps at Pages 20 through 23, Alameda County
Records.
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EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparaqraph 5.3.1 - Subsequent Discretionary Approvals
Site development review approval will be required for development on the
remaining phase of the project, which is referred to as Phase 4.
Subparaqraph 5.3.2 - Mitiqation Conditions
Subsection a. Infrastructure Sequencinq Proqram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in the Community Development Director Resolution No. 09-
07 approving tentative parcel map 9827 (the "VTM Resolution") and the Planning
Commission Resolution No. 09-18 approving Site Development Review for the
Initial Phase (the "SDR Resolution") shall be completed by Developer to the
satisfaction and requirements of the Public Works Director at the times and in the
manner specified in the VTM Resolution and SDR Resolution unless otherwise
provided below.
(ii) Sewer:
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water:
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Dublin/Stanfo~th Holding Company, L.L.C. Development Agreement Page 1 of 5
for the Fallon Gateway Project-Exhibit B
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Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Drainaqe:
The storm drainage systems off-site, as well as on-site drainage
systems for the areas to be occupied, shall be improved consistent with the
tentative map conditions of approval and to the satisfaction and requirements of
the Dublin Public Works Department applying the City's and Zone 7(Alameda
County Flood Control and Water Conservation District, Zone 7) standards and
policies which are in force and effect at the time of issuance of the permit for the
proposed improvements. Pursuant to Alameda County's National Pollution
Discharge Elimination Permit (NPDES) No. CAS0029831 with the California
Regional Water Quality Control Board, or pursuant to subsequent permits
adopted by the Board, all grading, construction and development activities within
the City of Dublin must comply with the provisions of the Clean Water Act.
Proper erosion control measures must be installed at development sites within
the City during construction, and all activities shall adhere to Best Management
Practices.
(v) Other Utilities (e.q. qas, electricity, cable televisions,
telephone):
Construction shall be completed by phase prior to issuance
of the first Certificate of Occupancy for any building within that specific phase of
occupancy for the Project.
Subsection b. Miscellaneous
(i) Completion May Be Deferred.
Notwithstanding the foregoing, the City's Public Works Director
may, in his or her sole discretion and upon receipt of documentation in a form
satisfactory to the Public Works Director that assures completion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
Subparaqraph 5.3.3 - Phasinq, Timinq
This Agreement contains no requirements that Developer must initiate or
complete development of the Project within any period of time set by the City. It
is the intention of this provision that Developer be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 2 of 5
for the Fallon Gateway Project-Exhibit B
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Subparaqraph 5.3.4 - Financinq Plan
Developer will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. If so required by Dublin San Ramon Services District,
Developer will enter into an "Area Wide Facilities Agreement" with the Dublin San
Ramon Services District to pay for the cost of extending such services to the
Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii)
and (iii) above.
Subparaqraph 5.3.5 - Fees, Dedications
Notwithstanding anything to the contrary in this Subparagraph 5.3.5 or this
Development Agreement, Developer shall pay any fees required by Subsections
a-g at the time such fees are due under the resolutions and/or ordinances
establishing and/or amending such fees.
Subsection a. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 40-10, including any 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.
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for
Freewav Interchanctes.
Developer shall pay the Eastern Dublin I-580 Interchange Fee in the
amounts and at the times set forth in Resolution No. 155-98 and by any
resolution which revises 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.
Subsection c. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any 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.
Subsection'd. Noise Mitiqation Fee.
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 3 of 5
for the Fallon Gateway Project-Exhibit B
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Developer shall pay a Noise Mitigation Fee established by City of Dublin
Resolution No. 33-96, including any 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.
Subsection e. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
Government Code section 53080 and the agreement between Developer or its
predecessor in interest and the Dublin Unified School District regarding payment
of school mitigation fees.
Subsection f. Fire Facilities Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any 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.
Subsection q. Tri-Vallev Transportation Development Fee.
Developer shall pay the Tri-Valley Transportation Development Fee in the
amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
resolution which revises such fee. Developer will pay such fees no later than the
time of issuance of building permits and in the amount of the impact fee in effect
at time of building permit issuance.
Subparaqraph 5.3.6 - Reimbursement
Subsection a. Traffic Impact Fee Improvements - Credit
The City shall provide a credit against Eastern Dublin Traffic Impact Fees
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. All aspects of the credit shall be governed
by the TIF Guidelines.
Subsection b. Traffic Impact Fee Riqht-of-Way Dedications -
Credit
The City shall provide a credit against Eastern Dublin Traffic Impact Fees
to Developer for any TIF area right-of-way to be dedicated by Developerto the
City which is required for improvements which are described in the resolution
establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits
shall be governed by the TIF Guidelines.
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 4 of 5
for the Fallon Gateway Project-Exhibit B
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Subparaqraph 5.3.7 - Miscellaneous
None.
Dublin/Stanforth Holding Company, L.L.C. Development Agreement Page 5 of 5
for the Fallon Gateway Project-Exhibit B
G~~.L OF DU~~~ /~ / ~ ~ ~
( ~
~ ~~~ STAFF REPORT
i9~~~~ s2 PLANNING COMMISSION
~~ ~ ~~
~~LIFOR~~~
DATE: August 10, 2010
TO: Planning Commission
SUBJECT: PUBLIC HEARING - PA 08-034 Fallon Gateway Commercial Center,
Conditional Use Permit for a Minor Amendment to the Planned
Development Zoning, Site Development Review Amendments and a
Development Agreement for Fallon Gateway.
Report prepared by Mike Porto, Consulting Planner and Martha Aja,
Environmental Specialist
EXECUTIVE SUMMARY:
The Fallon Gateway project site consists of 33.91 net acres located within the Eastern Dublin
Specific Plan Area. The proposed project consists of a Conditional Use Permit for a Minor
Amendment to the existing Planned Development Zoning, Site Development Review
Amendments and a Development Agreement for Fallon Gateway. In April 2009, the Dublin
Planning Commission approved a Site Development Review application for Phases 1, 2 and 3
of the Fallon Gateway commercial center. Subsequently, in June 2009, the Dublin City Council
approved an amendment to the General Commercial portion of the Planned Development (PD)
zoning for Area C to allow the construction of the Fallon Gateway commercial center. The
amended PD included architectural and landscape design criteria, specific parking standards
and the permitted, conditional and temporary uses for the entire project site. In May 2010, the
Community Development Director approved minor farade modifications for the anchor tenant of
the center (Target). The current application proposes minor changes to the architectural and
landscape design criteria previously approved in 2009. The proposed changes are consistent
with the SDR modifications that Target received approval for in May 2010.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing
and deliberate; 5) Adopt the following Resolutions: a) Resolution approving a Conditional Use
Permit for a Minor Amendment to the Planned Development Zoning District and Site
Development Review Amendments for Fallon Gateway; and b) Resolution recommending that
the City Council adopt ar Ordinance approving a Development Agreement between the City of
Dublin and S an rth Holding Co., L.L.C.
~/~ .~ / ~
Submitted By Revi w y
Mike Porto, Consulting Planner & Planni g Ma ager
Martha Aja, Environmental Specialist
COPIES TO: Applicant
File
Page 1 of 8
G:IPA#120081PA 08-034 Fallon Gateway (Target)IPlanning Commission 8.10.10 CUP amend PD.DAIPCSR 8.10.10.doc
Attachment 2
DESCRIPTION:
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Background:
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The project site is a 33.91 net acre vacant site
that has been filled to raise the site in
preparation of development. There are no trees
on-site and the ground cover consists primarily
of non-native grasses. The site is generally flat
and has very little variation in topography. The
project site slopes gently downward from north
to south. Water, sewer, recycled water and joint
trench infrastructure are either currently
available from utilities constructed within Dublin
Boulevard or are able to be extended to the
project site.
F.~[,Iat~N
r~u-rF..ra~-:~r~a;s~~z c~t'~t~T,~~ `~ The project site is bounded to the north across
''~`~``~~~'`~~'~N~~~~ ' Dublin Boulevard by a vacant property approved
~It 1S~'t T,~t:
~. ~ for General Commercial uses; to the south by
Interstate 580; to the west by a vacant property
.~. owned by Kaiser Permanente approved for
w~''"'~-'' ~-~--~.. ._.i~ -~---~---~ -_._~,w~ Campus Office and anticipated to be developed
with medical offices and a hospital; and to the
east (across Fallon Road) by a vacant property approved for General Commercial land uses
(refer to the Vicinity Map above).
The Fallon Gateway project site is within Area C of Dublin Ranch. Area C covers approximately
85 acres including the 33.91 acre Fallon Gateway project site.
Entitlement History:
The zoning requirements for Dublin Ranch Areas B-E (which includes the project site) were
established by Ordinance 24-97 dated December 2, 1997 establishing a Planned Development
Rezone, and by the City Council Resolution 141-97 dated November 18, 1997. The Planned
Development rezone for Areas B-E predates the Stage 1 and Stage 2 Development Plans
referenced in Chapter 8.32 (Planned Development Zoning District) of the City of Dublin's Zoning
Ordinance.
In April 2009, the Planning Commission held a public hearing and reviewed the Fallon Gateway
project. At that meeting~, the Planning Commission approved a Resolution approving a Site
Development Review for Phases 1, 2 and 3 of the project (Resolution No. 09-18). The Site
Development Review included 4 major tenant spaces (Major A, Major B, Major C and Major D)
and 6 smaller retail buildings (Shops 5- 10) for a total of 311,553 square feet of development.
Additionally, the Planning Commission recommended that the City Council adopt an Ordinance
approving an amendment to the Planned Development district for Dublin Ranch Area C to
establish architectural and landscape design criteria, specific parking standards and the
permitted, conditional and temporary uses for the entire Fallon Gateway project site (Phase 1, 2,
3 and 4). Because this project was approved under the existing Area B-E Planned
Development, it was appropriate to amend the PD document to modify the design criteria,
parking standards and the permitted conditional and temporary uses.
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Development, it was appropriate to amend the PD document to modify the design cri ri ,~ -
parking standards and the permitted conditional and temporary uses.
In June 2009, the City Council adopted an Ordinance approving an amendment to the Planned
Development district for Dublin Ranch Area C, specifically for the Fallon Gateway site, to
establish architectural and landscape design criteria, parking standards, permitted, conditional
and temporary uses (Ordinance No. 9-09). The amendment to the Planned Development District
of Dublin Ranch Area C applied to all phases of development for the Fallon Gateway
Commercial Center.
In March 2010, the Applicant, in finalizing their agreement with Target Stores, became aware of
concerns that Target had with the approved building lay out and the multiple exterior building
materials that were approved for the Target farade. Target requested that some minor
modifications be made to the floor plan and exterior elevations to eliminate the garden center
and to reduce the number of exterior building materials. Staff worked with the Applicant and the
Target representatives to modify the Target building and on May 18, 2010, the Community
Development Director approved the minor revisions.
Section 8.104.040. A.,13. "Minor Fa~ade Modifications" of the Zoning Ordinance designates the
Community Development Director as review authority for modifications such as but not limited to
.....building materials, architectural details or a combination of improvements which would
typically require a Site Development Review Waiver if constructed separately.
Current Proposal:
Target is currently preparing construction documents. The Applicant has noted that, in order to
keep the architectural integrity of Fallon Gateway consistent, minor amendments to the fa~ade
and site plan would be appropriate to build on the SDR modifications that Target received
approval for and to keep Fallon Gateway architecturally consistent.
The Applicant requests approval of a Conditional Use Permit for a Minor Amendment to the
existing Planned Development Zoning for Fallon Gateway in addition to amendments to the
previously approved Site Development Review permit. Section 8.104.070 of the Zoning
Ordinance states that when a Site Development Review is required for a project which is also
subject to a Conditional Use Permit, it shall be approved, conditionally approved or denied by
the same decision-maker or body for those actions during the same public hearing. While the
zoning code gives the Community Development Director the authority to approve Minor Fa~ade
Amendments (Section 8.104.040), in this instance the Community Development Director is
requesting that the Planning Commission review and take action on the requested Site
Development Review amendments pursuant to Section 8.104.070 of the Zoning Ordinance
since the Planning Commission is taking action on the Planned Development Zoning.
The current proposal also includes a Development Agreement between the City of Dublin and
the Applicant, Stanforth Holding Company, L.L.C.
ANALYSIS:
Conditional Use Permit for a Minor Amendment to the Existing Planned Development
Zoning & Site Development Review Amendments
Pursuant to Section 8.36.080 of the Dublin Zoning Ordinance the Planning Commission, by
means of a Conditional Use Permit, can make minor amendments to an adopted Planned
Development, upon finding that the amendment substantially complies with, and does not
materially change the provisions or intent of the adopted Planned Development Zoning District
3 of S
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Ordinance for the site. The amendments proposed by the Applicant include minor change o~~~ ~
the architectural and landscape design criteria, primarily relating to removal and replacement of
fa~ade materials and landscape modifications.
The proposed Fallon Gateway Architecture Design Revisions include the following:
Maiors
• Remove light towers befinreen Major B& C and at northwest corner of Major D.
• Reduce light tower size at Major D(east elevation).
• Remove all laminate and metal finish cladding; replace with smooth paint and textured
paint over form-lined concrete and cement plaster with reveals.
Shops 5 & 6
• Reduce light tower size on both buildings at primary entry/exit to shopping center at
Fallon Road.
• Remove all laminate and metal finish cladding; replace with smooth paint and textured
paint over form-lined concrete and cement plaster with reveals.
Shops 7, 8, 9& 10
• Remove all laminate and metal finish cladding; replace with smooth paint and textured
paint over form-lined filled concrete and cement plaster with reveals.
Additionally, the Applicant is proposing to amend several landscape exhibits, which were
previously approved in 2009. The proposed landscape design revisions include the following:
• Change the quantity of concrete unit pavers and replace with scored colored concrete for
the storefront areas and adjacent to shops 8 and 9.
• Modify the width of concrete unit pavers in crosswalks to 10 feet.
• Reduce the quantity of pottery with plant material adjacent to Shops 5, 6, 8, 9.
• Consolidate the tree grates and replace with planters south of Shop 6.
• Revise the street furniture.
• Revise the design and location of pedestals.
• Eliminate concrete unit pavers in Pedestrian Walkway through the parking lot.
• Revise design of the Primary and Secondary Entry Walls to reflect material changes to
architecture.
• Revise the seat walls by eliminating the Lumasite panels.
• Revise the pedestal and add planter bowls.
• The Fallon Gateway Monument at northwest corner of Dublin Blvd./Fallon Road to be
built with Area B Dublin Ranch.
A Planning Commission Resolution approving both the Conditional Use Permit to amend the
Planned Development Zoning and the Site Development Review for Fallon Gateway with the
relevant findings is included as Attachment 1.
The project plans (Attachment 3) have been organized to illustrate the approved elevations (by
the Planning Commission in 2009) and the proposed revisions to the elevations. Although the
materials have changed, the design concept has remained intact.
Development Agreement
Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement
between the City and the Developer. California Government Code §§ 65864 et seq. and
4of8
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Chapter 8.56 of the Dublin Municipai 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.
The Development Agreement provides security to the developer that the City will not change its
zoning arid other laws applicable to the project for a period of 5 years and would terminate in
2015. The City also benefits from entering into the Development Agreement with the property
owner. This document is a contract that establishes obligations for meeting the goals of the
EDSP and guarantees timing for construction of public infrastructure and facilities for the project
area. Additionally, it ensures that dedications of property and easements are made, project
phasing is followed, the appropriate fees are paid for the development, and any additional terms
of the agreement are carried out as development proceeds. The proposed Development
Agreement also would be consistent with the preceding development agreements.
In return, the Developer agrees to comply with the Conditions of Approval and, in some cases,
make commitments for which the City might otherwise have no authority to compel the
Developers to perform. Specifically, the Development Agreement augments the City's standard
development regulations; defines the precise financial responsibilities of the developer; ensures
timely provision of adequate public facilities for each project; and provides terms for the
Developer to advance funds for specific facilities which have community or area-wide benefit or
for reimbursement from future development, as appropriate. Since the Development Agreement
runs with the land, the rights thereunder can be assigned.
The Development Agreement proposed is a standard Development Agreement. There are no
unique or special provisions. A Planning Commission Resolution recommending the City
Council adopt an Ordinance approving the Development Agreement between the City of Dublin
and Stanforth Holding Company, L.L.C is included as Attachment 2 with the draft Ordinance
attached as Exhibit A, and the Development Agreement attached as Exhibit B.
CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE
The proposed Fallon Gateway project includes a Conditional Use Permit for a Minor
Amendment to the existing Planned Development Zoning and Site Development Review
Amendments for Fallon Gateway. The proposed Minor Amendment to the Planned
Development and the Site Development Review amendments are consistent with the Dublin
General Plan and Eastern Dublin Specific Plan because the project includes design guidelines
to create a cohesive and attractive commercial center which will be compatible with surrounding
development.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The modifications proposed are mostly for the building materials and landscape modifications.
The amendment to the Planned Development and Site Development Review are needed to
memorialize the material changes and guide future design. The Building Department has
reviewed the proposed modifications. No other department review is needed at this time.
5 of 8
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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In accordance with State law, a Public Notice was mailed to all property owners and occupants
within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times
and posted at several locations throughout the City.
ENVIRONMENTAL REVIEW:
On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an
Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and
Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted
of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated
May 4, 1993, assessing a reduced development alternative. The City Council adopted
Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced
area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second
Addendum updating wastewater disposal plans for Eastern Dublin. For identified impacts that
could not be mitigated to a less than significant level, the City Council adopted a Statement of
Overriding Considerations for cumulative traffic, extension of certain community facilities
(natural gas, electric and telephone service), regional air quality, noise, and other impacts.
The Eastern Dublin Specific Plan was adopted by the City to encourage orderly growth of the
Eastern Dublin area. Because the Eastern Dublin project proposed urbanization of the almost
completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion
of agricultural and open space lands to urban uses. These impacts together with visual and
other impacts from urbanization were also determined to be significant and unavoidable. Where
the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted
mitigation measures continue to apply to implementing projects such as Fallon Gateway, as
appropriate.
The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects
of urbanizing Eastern Dublin over a 20 to 30 year period. As such, the Eastern Dublin EIR
addressed the cumulative effects of developing in agricultural and open space areas and the
basic policy considerations accompanying the change in character from undeveloped to
developed lands.
In 1997, the Dublin City Council approved a Negative Declaration (Resolution No. 140-97) for
the Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fallon
Gateway project site. After completing an Initial Study, it was determined that the rezoning
would not have any significant environmental impacts which were not already adequately
described and analyzed in the Program EIR. The project as proposed does not exceed the
thresholds identified in the Negative Declaration.
No further environmental document is needed because the environmental impacts of this project
were fully addressed and within the scope of the Final EIR for the Eastern Dublin General Plan
Amendment, Specific Plan and subsequent Addendum and the 1997 Negative Declaration.
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CONCLUSION:
~~ ~~5-~
The proposed Amendments are consistent with the design intent of the Site Devefopment
Review approved by the Planning Commission in April 2009 and the PD Amendment adopted by
the City Council in June 2009. The proposed amendments conform to the goals, policies and
objectives established in the City's General Plan and the Eastern Dublin Specific Plan.
ATTACHMENTS: 1) Resolution approving a Conditional Use Permit for a Minor
Amendment to the Planned Development Zoning District and
Site Development Review amendments for Fallon Gateway.
2) Resolution recommending that the City Council adopt an
Ordinance approving a Development Agreement, with the
draft City Council Ordinance included as Exhibit A and the
Development Agreement included as Exhibit B.
3) Fallon Gateway SDR Amendment booklet.
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GENERAL INFORMATION:
PROPERTY OWNER: James Tong
Stanforth Holding Company, L.L.C.
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
APPLICANT: James Tong
Stanforth Holding Company, L.L.C.
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
LOCATION:
ASSESSOR'S PARCEL NUMBER:
GENERAL PLAN DESIGNATION &
EASTERN DUBLIN SPE~CIFIC PLAN:
EXISTING ZONING:
SURROUNDING USES:
~~~ ~~
6
Southwest corner of Fallon Road and Dublin Boulevard.
(3700 Fallon Road)
985-0027-009-03
General Commercial (GC)
PD (Planned Development)
Location Zoning General Plan Land Current Use of
Use Pro ert
Site PD (Planned General Commercial Vacant
Develo ment
North PD (Planned General Commercial Vacant
Develo ment
South N/A N/A Interstate 580
East PD (Planned General Commercial Vacant
Development
West PD (Planned Campus Office Vacant
Development)
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CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August
10, 2010, in the City Council Chambers located at 100 Civic Plaza. Chair King called the meeting
to order at 7:OOp.m.
Present: Chair King; Vice Chair Brown; Commissioners Schaub, Swalwell, and Wehrenberg; Jeff
Baker, Planning Manager; Mike Porto, Consulting Planner; and Debra LeClair, Recording
Secretary.
Absent: None
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Swalwell, seconded by Cm.
Wehrenberg the minutes of the May 25, 2010 meeting were approved. On a motion by Cm.
Swalwell and seconded by Cm. Brown the minutes of the July 27, 2010 meeting were approved.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS -
8.1 PA 08-034 Fallon Gateway Commercial Center, Conditional Use Permit for a Minor
Amendment to the Planned Development Zoning, Site Development Review
Amendments and a Development Agreement for Fallon Gateway.
Mike Porto, Consulting Planner presented the project as outlined in the Staff Report.
Chair King asked Mr. Porto to point out the walkways through the parking lot.
Mr. Porto pointed out two routes for pedestrians to get through the parking lot to the major
stores.
Cm. Brown asked if the Development Agreement is for a 5 year term does that mean the
developer must complete all phases of the project within that 5 year period.
Mr. Porto answered no. He explained the DA states that the City wori t change the criteria for
the project and that the Developer agrees to pay the fees, pull the permits and file a final map.
He continued it is possible that the project will not be done within the 5 year period and will
expire. He stated there is the option of renewing the DA if the project is not completed.
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Cm. Schaub asked if building this shopping center depends on Stoneridge Drive going though
to I-580.
Mr. Porto answered no and mentioned that Dublin Blvd and Central Pkwy are open to Fallon
Road now. He mentioned that the Developer must make some improvements to Dublin Blvd as
a part of the project as well.
Cm. Wehrenberg asked if the highlighted areas on the landscaping plans are the changes to the
project from the original submittal.
Mr. Porto answered yes.
Cm. Wehrenberg asked if the entire turnaround area will be stamped concrete as shown on
pages L2.1R.
Mr. Porto answered yes, the entire circle.
Cm. Wehrenberg asked about reviewing the landscaping plans and if there will be enough
water to these locations.
Mr. Porto answered yes and Staff will be reviewing the irrigation plans with the construction
drawings when they are submitted.
Cm. Wehrenberg was concerned about the longevity of the pottery on sheet L13.1R, and the
pedestals in the median.
Mr. Porto answered Cm. Wehrenberg was referring to the pedestals that are on the center
median inside the shopping center. They are located in the center of two lanes coming in and
three lanes going out so someone would have to come across traffic to get to the pedestals. He
continued the pedestals will be the signage that will lead to the center of the project.
Jeff Baker, Planning Manager mentioned that there is a property maintenance ordinance and the
Code Enforcement team would require them to maintain the pedestals.
Cm. Wehrenberg stated she liked the feature and wanted to ensure it was in a good area and
would not be easily damaged.
Cm. Brown asked about the temporary asphalt sidewalks and how long will they remain
temporary.
Mr. Porto answered the project was conditioned to have a path of travel from the public street
into the project. He stated that rather then install a hard surface that will be torn up during
construction Staff conditioned the asphalt sidewalk as a temporary material which can be easily
removed and replaced with proper material. He continued the temporary asphalt sidewalks
will stay until those phases of the project are complete.
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Cm. Wehrenberg asked about access points from Dublin Blvd and Fallon Rd. and asked if there
is access from behind the building and the property adjacent to the project.
Mr. Porto answered there is no access from behind the building and explained the access points
as they relate to the Kaiser property. Mr. Porto pointed out access points and pedestrian links
off Dublin Blvd. from a slide of the pedestrian circulation system from Dublin Blvd and Fallon
Road which was approved in Apri12009
Cm. Wehrenberg asked where the trucks would be loading.
Mr. Porto pointed out the truck loading areas on the slide and stated they would be screened by
walls and will be 30 feet wide.
Cm. Wehrenberg asked if the trucks would have access from Dublin Blvd or enter the site
through one of the main entries.
Mr. Porto answered yes they would have access from Dublin Blvd. He stated the original
approval showed all the truck turning points.
Chair King asked if there will be any seating in the circular area.
Mr. Porto answered yes and stated the seating was in the original package along with street
furniture and seat walls.
Chair King asked where he could find a color rendering of the entrance from Dublin Blvd.
Mr. Porto answered the entrance from Dublin Blvd was in the previously approved project and
mentioned there is a smaller scale version of the walls and the entry statements at the Dublin
Blvd/Fallon Road intersection.
Chair King opened the public hearing.
Galen Grant, Craig and Grant Architects, Applicant, spoke in favor of the project. He stated the
changes that are documented in the packet reflect minor changes derived from architectural
changes that Target requested to make the project closer to Target's prototype elevations and to
help Target save money. He stated it made sense to look at Majors B-D and make similar
changes so that they would be more compatible with the changes made to Target. He stated
some of the changes include the removal of inetal and some plaster with reveals replicating
linear patterns and wood laminate was also eliminated. He stated that 95 % of the original
architecture remains in the project including all the nice details. He felt the project was very
good and is happy the project is proceeding.
Chair King mentioned that the City is working on the Downtown Dublin Specific Plan (DDSP)
for the west Dublin area and asked Mr. Grant to state the features of this project that would
attract pedestrians.
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Mr. Grant felt that the center would be nice enough to attract shoppers who could park once
and cover the entire site. He stated the project includes "outdoor rooms" for people to sit and
relax and felt that they will work as long as the "rooms" are soft and comfortable and protected
from traffic, wind and weather. He continued the "rooms" are situated so that they will be seen
when people come into the project. He stated they create diagonal view corridors from the
main entry into the site. He continued the project has plantings, seat walls, special paving,
pedestrian scaled lighting, and materials that have texture and color. Hopefully they will
generate and draw the types of tenants that will encourage outdoor use. He felt that once
people realize the center is there pedestrians will be drawn to it and the types of tenants will
make a difference also.
Mr. Porto mentioned that the spaces in the shopping area are the right size for a frozen yogurt
shop.
Cm. Schaub felt that Parcel3 will drive the look and the feel of the project and that Parcel4 will
be big and look like other shopping centers in the area.
Mr. Grant agreed and felt that Parcels 3 and 4 will support each other. He felt that there will be
cross pedestrian circulation. He continued the expectation is for restaurants to face the street
and draw traffic to the center.
Chair King closed the public hearing.
Cm. Schaub stated he supported the original project but was concerned about the illuminated
signage and how that was to be managed. He stated he supports the changes and felt this is a
better project.
Cm. Wehrenberg agreed with Cm. Schaub and stated she supports the project but is concerned
about the turning point radius for trucks but felt there are other ways of handling the situation.
She continued she has no problem with the changes and felt that some of the changes will
improve the longevity of the buildings.
Cm. Brown stated he is in support of the project.
Cm. Swalwell stated he is in support of the project and the improvements. He commented the
main gateway is an improvement, and unlike the current Target which is a giant store with a
huge parking lot and no pedestrian access, this project has synergy between Target and the
other shops and felt that is what the City wants in future development.
Chair King stated he is in support of the project.
Cm. Wehrenberg added that the difference for the west Dublin Target center is there are
multiple landowners but felt that adding the restaurants and shops to that center improved the
business there. She felt the seating areas in the Fallon Gateway Center will make it a popular
place. She was concerned about signage from I-580.
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Mr. Porto stated there is still the 99 foot pylon sign which has not changed from the previously
approved project. He continued the pylon sign will be the primary signage from I-580. He
continued the pylon was one of the things reviewed which is why the Applicant reduced some
of the graphic content on the building.
On a motion by Cm. Wehrenberg and seconded by Cm. Swalwell, on a vote of 5-0, the Planning
Commission approved:
RESOLUTION NO. 10 - 32
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED
DEVELOPMENT ZONING AND A SITE DEVELOPMENT REVIEW AMENDMENT FOR
FALLON GATEWAY
APN: 985-0027-009-03
PA 08-034
RESOLUTION NO. 10- 33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT FOR FALLON GATEWAY BETWEEN THE CITY OF
DUBLIN AND STANFORTH HOLDING COMPANY, L.L.C.
APN: 985-0027-009-03
PA 08-034
8.2 City of Dublin Climate Action Plan and Negative Declaration
Jeff Baker, Planning Manager indicated that the City received a comment letter which Staff
needs time to address and asked that the Planning Commission to recommend continuing the
item to a future date.
On a motion by Cm. Schaub and seconded by Cm. Wehrenberg, on a vote of 5-0, the Planning
Commission continued the item to a date uncertain.
NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS - NONE
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10.1 Srief INFORMATION ONLY reports from the Planning Commission and/ or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
10.2 Mr. Baker reminded the Commission of the joint City Council/Planning Commission
Study session regarding the Downtown Dublin Specific Plan on Saturday, August 21,
2010 beginning at 9:OOa.m. in the Regional Meeting Room with breakfast at 8:30a.m.
10.3 Cm. Wehrenberg confirmed that there will be a Planning Commission meeting on
Tuesday, August 24, 2010 and Cm. Brown stated he would not be in attendance but the
other Commissioners will be.
10.4 Cm. Swalwell asked if there are any new developments, new businesses coming to the
City, or new permits issued that the Commission should be aware of. Mr. Baker
responded there are several residential projects that will come to the Commission in the
next several meetings and mentioned a few of the projects on the agendas. Cm. Swalwell
asked about the former Stacey's restaurant. Mr. Baker answered the Economic
Development Department has had some talks with prospective tenants but no lease has
been signed. There was a brief discussion of some of the other vacant buildings and
their prospects.
10.5 Chair King mentioned that he has spent a lot of time taking pictures of examples of
buildings/areas that could be incorporated as suggestions for the public benefit program
that will be discussed in the DDSP. He stated he would like to do a 10 minute power
point presentation of the examples that he's found at the Study Session. He felt there
were some very interesting items in the Livermore, Pleasanton, San Ramon area that
could be included as a list of suggestions for the public benefit program. Cm. Schaub
supported the idea.
ADTOURNMENT - The meeting was adjourned at 7:42:06 PM
Respectfully submitted,
Morgan King
Chair Planning Commission
ATTEST:
Jeff Baker
Planning Manager
G: ~ MINUTES ~ 2010 ~ PLANNING COMMISSION ~ Plnmiing Colnmission_20700810-1633_01 cb38a9c2432580.doc
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E.
RESOLUTION NO. 10 - 32
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT
ZONING AND A SITE DEVELOPMENT REVIEW AMENDMENT FOR FALLON GATEWAY
APN: 985-0027-009-03
PA 08-034
WHEREAS, the Applicant has requested approval of a Conditional Use Permit and a Site
Development Review Amendment to make minor amendments to the adopted Planned
Development and Site Development Review permit for Fallon Gateway; and
WHEREAS, the proposal will not increase the total square footage of the retail shopping
center and therefore constitutes a minor amendment to the Planned Development; and
WHEREAS, in April 2009, the Planning Commission approved Resolution 09-18
approving a Site Development Review application for Phases 1, 2 and 3 of Fallon Gateway; and
WHEREAS, in June 2009, the City Council adopted Ordinance No. 9-09 approving an
amendment to the Planned Development district for Dublin Ranch Area C, specifically for Fallon
Gateway, which established architectural and landscape design criteria, parking standards and
uses for the entire project site; and
WHEREAS, in May 2010, the Community Development Director approved minor fa~ade
modifications for the anchor tenant of the Fallon Gateway center (Target); and
WHEREAS, the proposed Site Development Review amendments for the Fallon
Gateway center are consistent with the Site Development Review modifications that Target
received approval for in May 2010; and
WHEREAS, Section 8.36.080 of the Dublin Zoning Ordinance allows the Planning
Commission, by means of a Conditional Use Permit, to make minor amendments to an adopted
Planned Development, upon finding that the amendment substantially complies with, and does
not materially change the provisions or intent of the adopted Planned Development Zoning
District Ordinance for the site; and
WHEREAS, Section 8.104.070 of the Dublin Zoning Ordinance states that when a Site
Development Review is required for a project which is also subject to a Conditional Use Permit,
it shall be reviewed to the same decision-maker body, which in this case is the Planning
Commission; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
A'["I'ACHMENT' 4
y~ a~~~~ ~
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which
was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment
and Eastern Dublin Specific Plan (SCH # 91103064), certified by City Council Resolution 51-
93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In
1997, a Negative Declaration for the Planned Development Rezoning of Dublin Ranch Areas
B-E was approved by Resolution No. 140-97 of the City Council. After completion of an Initial
Study, it was determined that the rezoning would not have significant environmental impacts
which were not already adequately described and analyzed in the Program EIR. No further
environmental review is needed for the current application because the environmental
impacts of this project were fully addressed and within the scope of the final EIR for the
Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addenda and the
1997 Negative Declaration; and
WHEREAS, the Planning Commission did hold a public hearing on said application
on August 10, 2010, for this project; 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 approve the Conditional Use Permit to allow minor modification to the adopted
Development Plan and Site Development Review Amendments for Fallon Gateway; and
WHEREAS, the Planning Commission did hear and use 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 the proposed
Conditional Use Permit:
A. Pursuant to Section 8.36.080 of the Dublin Zoning Ordinance, the Planning Commission
of the City of Dublin finds as follows:
The proposed amendment substantially complies with and does not materially change
the provisions and intent of the adopted Planned Development Zoning District
Ordinances and/or the Site Development Review approvals for Fallon Gateway because
the proposed amendment will not allow additional development potential in terms of new
or larger retail pads and will only allow minor modifications to the architectural and
landscape design criteria.
B. Pursuant to Section 8.100.060 of the Dublin Zoning Ordinance, the Planning
Commission of the City of Dublin finds as follows:
1. The proposed amendment substantially complies with and does not materially
change the provisions and intent of the adopted Planned Development Zoning
District Ordinances and/or the Site Development Review approvals for Fallon
Gateway and is compatible with other land uses, transportation and service
facilities in the vicinity because: the proposed amendment will not allow additional
development potential in terms of new or larger retail pads and will only allow
minor modifications to the architectural and landscape design criteria.
2
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2. The proposed amendment will not adversely affect the health or safety of persons
residing or working in the vicinity, and will not be detrimental to the public health,
safety and welfare because: the modification will not allow additional development
potential.
3. The proposed amendment will not be injurious to property or improvements in the
area because: the amendment will not increase the overall floor area of the Fallon
Gateway shopping center.
4. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the amendment would not be detrimental to
the public health, safety, and welfare because: the proposed modification will not
increase the overall square footage of the commercial development.
5. The subject site is physically suitable for the proposed modifications because: the
siting of the various buildings are not changing.
6. The proposed amendment will not be contrary to development regulations or
performance standards for the site because: the site has been designated for
commercial development and the modification is consistent with the provisions of
the amendment to the Planned Development district for Dublin Ranch Area C.
7. The proposed amendment is consistent with the Dublin General Plan, Eastern
Dublin Specific Plan, and the purpose and intent of the Dublin Zoning Ordinance
because: the amendment is minor in nature and results in minor modifications to
the architectural and landscape design criteria for the shopping center.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding the proposed Site
Development Review Amendments:
1. The proposed SDR amendment is consistent with the purposes of this Chapter,
with the General Plan and with any applicable Specific Plans and design
guidelines because: the proposed SDR amendments are minor in nature and
results in minor modifications to the architectural and landscape design criteria for
the shopping center.
2. The proposed SDR amendment is consistent with the provisions of Title 8, Zoning
Ordinance because: the commercial center is compatible with the approved uses
for the Site and no changes to the permitted, conditional or temporary uses for the
site are being requested.
3. The proposed SDR amendment is appropriate to the City, the vicinity, surrounding
properties and the lot in which the project is proposed because: the amendment
will not increase the overall floor area of the Fallon Gateway shopping center and
the siting of the various buildings is not changing.
4. The subject site is physically suitable for the type and intensity of the approved
development because: the proposed modification will not increase the overall
square footage of the commercial development.
5. Impacts to existing slopes and topographic features are addressed because: the
site is relatively flat.
6. Architectural considerations including the character, sca/e and quality of the
design, site layout, the architectural relationship with the site and other buildings,
3
~~ ~~
~
screening of unsightly uses, lighting, building materials and colors and similar
elements result in a project that is harmonious with its surroundings and
compatible with other development in the vicinity because: the project includes
design and landscape criteria to create an attractive shopping center which is
compatible with the surrounding development.
7. Landscape considerations, including the location, type, size, color, texture and
coverage of plant materials, and similar elements have been incorporated into the
project to ensure visual relief, adequate screening and an attractive environment
for the public because the project includes attractive landscaping and site
elements including light fixtures, benches, plazas and pedestrian paths to create
an attractive landscape palette and material palette for the commercial center.
8. The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrians and automobiles because the proposed SDR amendments will not
result in changes to the siting of the various buildings or access to the site :
NOW, THEREFORE, BE IT RESOLVED that pages labeled Fallon Gateway Monument,
Fallon Gateway Entrance Monument, Retail Shops Typical Elevations for Retail Shops (2
sheets), Retail Shops Typical Elevations for Majors, Retail Shops Architectural Features (4
sheets) in the Fallon Gateway Planned Development Rezone & Site Development Review
booklet dated April 28, 2009 and stamped approved are hereby superceded and replaced with
the following:
11P~9N shrubc to iCreen .... ... .. . . . _..__..__. ...._
above-prcwrscl utililies - '~'
See pmposad plant palatte sheet Lt.2
Cdored concrete with scari^B Pa P~^ -...._____-~_
Seesitemale~ielssheell21.1 ,
sHOPS 5
FALLO\ GATE41~`AY
E'~TR,4NCE h~U\UMF,NT
Waste recepiacles - -----
Seo site fumitura ~heet Lt8.1
Pottery arld plant maleriel (Typical) -
Soa image shoet U9.1.422.1
SI3n x.d c x ~ r,an~ ~e',e brck
t r i ~:I . i '.,n:: j~ ~
5ee si,e m~t« i.~IS sheel L21.1
S~e hnay~ aheet 1t9.1
Nertow UprigM h2[ • .
See proposad daM peMCe
ahed L1.2
Trses W bo bcated in 6'xS tiee yrale -..... ...
See ske fumitiae aheet L18-1
Plaza Fo~nta.n (P,iblic AR Opporttmity~;~- ~-~---
S¢e Aefail ShCCt L74.7 . ~
DUBLIN RANCH
AREAS ~E
Plaz~ Doaery -
See ~ite tumiuxe ~heet 119.'I
Prirrory Entry AAanument Waq -
3ee delail sheal ~t2.1
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t.~hu~;se n:w n~~tor~-r et.~n
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ys~~r
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RETAIL SHOPS
ARCHtTFCTURAL
FEATURES
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CONCEP'TUAL RETAIL BLDGS. - ARCHITECTURAL FEATURES ~`~~"~
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CC~NCEPT`UAL RETAIL BLDGS. - ARCHITECTtJRAL FEATURES
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RETAIL SHOPS TYP[CAL
E[.EYATI0I~S FOR
MAlORS
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;EPTUAL RETAIL BLDGS. - MAjORS
DUBLIN RANCH
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~ ~ ~ ~;~ TYPlGAL ELEVATIONS ~ ~
~ ~ ~~ FOR RETAII. SH~PS ~
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DUBLIN RANCH
RETAIL SHOPS
TYP{CAL ELEVAT(ONS
FOR RETAIL SHQPS
TYPICAI, E[.EVATION FACING STREET
TYMCAL ELEVATTOT~ FACING PARKI'.~G
CONCEPTUAL RETAIL BLDGS. - SHOPS
7
1`YP1CA1. ELE:VA1'ION F'ACINC STREET
. TYPtC.AI. ELEVATIUN FAC[KC PARKING
~~~~5i
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does
hereby approve the Conditional Use Permit and Site Development Review Amendment for PA
08-034 to amend the Development Plans for Fallon Gateway including changes to the
architectural design and landscape as shown on the amended Development Plan incorporated
herein.
PASSED, APPROVED AND ADOPTED this 10th day of August 2010 by the following vote:
AYES: King, Brown, Schaub, Wehrenberg, Swalwell
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Manager
G:\PA#~2008\PA 08-034 Fallon Gateway (Target)\Planning Commission 8.10.10 CUP amend PD.DA\PC Reso CUP.doc
y~ 5r
RESOLUTION NO. 10-33 ~
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT FOR FALLON GATEWAY BETWEEN THE CITY OF
DUBLIN AND STANFORTH HOLDING COMPANY, L.L.C.
APN: 985-0027-009-03
PA 08-034
WHEREAS, the Applicant submitted an application (PA 08-034) to the City regarding a
33.91 acre project site ("Fallon Gateway"); and
WHEREAS, in April 2009, the Planning Commission approved Resolution 09-18
approving a Site Development Review application for Phases 1, 2 and 3 of Fallon Gateway; and
WHEREAS, in June 2009, the City Council adopted Ordinance No. 9-09 approving an
amendment to the Planned Development district for Dublin Ranch Area C, specifically for Fallon
Gateway, which established architectural and landscape design criteria, parking standards and
uses for the entire project site;
WHEREAS, the proposed project includes a Planned Development Rezone and Site
Development Review application for the Fallon Gateway project site and a Development
Agreement; and
WHEREAS, the Eastern Dublin Specific Plan requires developers to enter into
Development Agreements as a condition of development; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which
was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment
and Eastern Dublin Specific Plan (SCH # 91103064), certified by City Council Resolution 51-
93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In
1997, a Negative Declaration for the Planned Development Rezoning of Dublin Ranch Areas
B-E was approved by Resolution No. 140-97 of the City Council. After completion of an tnitial
Study, it was determined that the rezoning would not have significant environmental impacts
which were not already adequately described and analyzed in the Program EIR. No further
environmental review is needed for the current application because the environmental
impacts of this project were fully addressed and within the scope of the final EIR for the
Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addenda and the
1997 Negative Declaration; and
WHEREAS, the Draft City Council Ordinance is included as Exhibit A and the
Development Agreement is included as Exhibit B to this Resolution; and
ATTACHMEN'C 5
~~ ~,~~
WHEREAS, the Planning Commission did hold a public hearing on the Project
application on August 10, 2010; and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, the Staff Report was submitted analyzing the project and recommending
that the Planning Commission recommend that the City Council approve the Development
Agreement; and
WHEREAS, the Planning Commission did hear and use its independent judgment and
considered all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby make
the following findings and determinations regarding said proposed Development Agreement:
1. The r~roject is consistent with the objectives, policies, land uses and programs
specified and cont~ined in the City's General Plan and Eastern Dub~in Specific Plan in that (a)
the project includes a Planned Development Rezone and Site Development Review application
for the Fallon Gateway project to establish architectural and landscape design criteria, parking
standards and uses for the Fallon Gateway project, (b) the proposed project is consistent with
the existing General Commercial land use designation of the project site, (c) 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; and (d) the Fallon Gateway Development
Agreement includes provisions relating to vesting of development rights, and similar provisions
set forth in the Specific Plan.
2. The Fallon Gateway 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 Site
Development Review application for the Fallon Gateway project site.
3. The Fallon Gateway 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 General Plan and the Eastern Dublin Specific Plan which have
planned for commercial uses at this location.
4. The Fallon Gateway 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 Fallon Gateway Development Agreement will not adversely affect the orderly
development of property or the preservation of property values in that the project will be
consistent with the General Plan and with the Specific Plan.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council approve the Development Agreement, attached hereto and
incorporated herein as Exhibit B, between the City of Dublin and Stanforth Holding Company,
L.L.C.
~~~ ~~
~~
PASSED, APPROVED AND ADOPTED this 10th day of August 2010 by the following
vote:
AYES: King, Schaub, Wehrenberg, Brown, Swalwell
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IPA#120081PA 08-034 Fallon Gateway (Target)IPlanning Commission 8.10.10 CUP amend PD.DAIPC Reso DA.DOC
3