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Home My WebLink About8.1 PA 09-002 Espirit at Dublin Station e G~~~ OF DU~lr~ ~iv~ STAFF REPORT i9~~~~ $Z PLANNING COMMISSION ~~~//l ~4LIFOR~~~ DATE: September 14, 2010 TO: Planning Commission SUBJECT: PUBLIC HEARfNG - PA 09-002 Esprit at Dublin Station, Amendment 1 to the Development Agreement for the Dublin Transit Center E-1 Project. (Legislative Act) Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The Esprit at Dublin Station project site is 4.13 acres located at the southeast corner of Dublin Boulevard and Iron Horse Parkway within the 91-acre Transit Center. The Applicant has received approval from the Planning Commission to construct a multi-family residential townhouse community with 105 units on the site, and an amendment to the existing Development Agreement for the project site has been requested. The proposed amendment relates to the density of uses (to allow the 105-unit project), an extension of the existing Agreement term by seven years, an amendment to the affordable housing obligations for the property, and a provision on a public art fee. 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; and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance approving Amendment 1 to the Development Agreement for the Dublin Transit Center Site E-1 (Esprit at Dublin Station). ~ ~ Submitted By ev wed By Principal Planner Planning Manager ~ _._.__.~~M~.~..~.~ _ ~ ~..4_.~.~__ ~ COPIES TO: Applicant File Q ITEM NO.: V ~ Pa 1 f ge o 5 G:1PA#120091PA 09-002 Site E-11PC 09 14 20101PCSR Esprit DA.doc DESCRIPTION: Figure 1: Vicinity Map Background: The 4.13-acre site, referred to ~ ' ' ' ' ' ° ' . as site "E-1" in the Transit ~ ~ ~ ~ Center Stage 1 Development F'' ~ Plan is located within the g ° ~y y Eastern Dublin Specific Plan ~ ~ ~ ~ (EDSP) area. The site has a ~ ~ ts ~ General Plan land use ~ T, designation of Campus Office - , and is in a Planned Development Zoning District. The site is currently vacant and is surrounded by the Avalon at Dublin Station 'g~ ` residential project to the west, ~ ~ ; ~ o~~~~~~~ ~ ,~z~ vacant land to the south and the east, and Camp Parks to ~_..a - ~ the north across Dublin ~ ' ' ~ R t. , .....nW.. , . , . u,~...,.: Boulevard, as shown on the " Figure 1 to the right. The site is rectangular and flat, and is located less than a quarter mile from the East Dublin/Pleasanton Bay Area Rapid Transit (BART) station. Entitlement History: The 91-acre Transit Center site is located generally between the Iron Horse Trail to the west, Dublin Boulevard to the north, Arnold Road to the East, and the BART station to the south. In December 2002, the City Council approved a General Plan/Eastern Dublin Specific Plan Amendment (Resolution 216-02); approved a Stage 1 Planned Development Zoning (Ordinance 21-02); and approved Tentative Parcel Map 7892 (Resolution 02-40) for the Dublin Transit Center. A Master Development Agreement for the Dublin Transit Center was adopted in May 2003 (City Council Ordinance 5-03) and together with the approved General Plan/Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, and Vesting Tentative Tract Map, established the land use approvals for the future development of the site. The Master Development Agreement was then amended to set forth affordable housing obligations in the project area (City Council Ordinance 25-05). fn March of 2006, D.R. Horton received approval of a 300-unit condominium project (Metropolitan at Dublin Station) with approximately 15,000 square feet of ground floor retail on the E-1 project site. The approvals included a Planned Development Rezone with a related Stage 2 Development Plan, Vesting Tentative Map, Site Development Review, and Development Agreement. The approved Development Agreement for Dublin Transit Center Site E-1 vested the project approvals for five (5) years, which will expire in March 2011 (City Council Ordinance 5-06 is included as Attachment 1). In 2009, the Applicant submitted plans for a new project on the subject site. On August 24, 2010, the Planning Commission recommended approval of a Planned Development Rezone with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan that 2 of 5 would permit the development of 105 townhome-style residential units (Planning Commission Resolution 10-36). The Planning Commission also approved a Resolution granting a Site Development Review approval for the site layout and building architecture (Planning Commission Resolution 10-37) and a Resolution approving Vesting Tentative Tract Map 7667 (Planning Commission Resolution 10-38). This project site is unusual in the fact that the Applicant has been granted dual entitlements for the property, which will permit the construction of either the 300-unit Metropolitan at Dublin Station project (approved by the City Council in March 2006) or the 105-unit Esprit at Dublin Station project (approved by the Planning Commission in August 2010). Both of the projects will have entitlements for the same piece of property and it will be up to the Applicant or a future developer to determine which project will eventually be constructed. Project Proposal: 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 authorize the City to enter into an agreement for the development of real property with any person having a lega! 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 Applicant and the City are a party to an existing development agreement for the property, which was approved by the City Council on March 9, 2006. The existing Development Agreement expires on March 9, 2011. At this time, the Applicant is requesting approval of Amendment 1 to the existing Development Agreement, which has been negotiated with City Staff. The proposed "Amendment No. 1 to the Development Agreement between the City of Dublin and Western Pacific Housing, Inc. for the Dublin Transit Center E-1 Project" (Exhibit A-1 to Attachment 2) modifies the approved Development Agreement as follows: Section 1 of Amendment 1 to the Development Agreement allows for the construction of either the originally-approved 300-unit Metropolitan project ("Project") or the 105-unit Esprit project ("Alternate Projeet"). Section 2 of Amendment 1 to the Development Agreement extends the term of the Development Agreement and changes the expiration date from March 9, 2011 to March 9, 2018. Exhibit B of the Development Agreement is amended in its entirety, and the modifications from the original Exhibit B include changes to the affordable housing fee payments and obligations for the Property and include a provision on payment of the public art fee. In exchange for the City's agreement to extend the term of the Development Agreement, the developer has agreed to payments of the affordable housing fee in a schedule that is desirable to the City. In addition, the agreement provides that the developer will make payments to the City in satisfaction of its Public Art requirement under Chapter 8.58 of the Zoning Ordinance. In all other respects, the Amendment to the Development Agreement as amended is based on the standard Development Agreement adopted by the City Council for projects located within the EDSP and is consistent with the preceding Development Agreements that affect the project site. 3of5 A Planning Commission Resolution recommending the City Council adopt an Ordinance approving the Development Agreement is included as Attachment 2, with the draft Ordinance attached as Exhibit A. NOTICING REQUIREMENTS/PUBUC OUTREACH: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the property to notify property owners and occupants of the proposed project and of the September 14, 2010 Public Hearing. The public notice was also published in the Valley Times and posted at several locations throughout the City. ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA), Staff recommends that the Planning Commission find that the Project is exempt from CEQa pursuant to Government Code section 65457 because it is a residential project that is consistent with a specific plan for which an EIR has been certified. The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. The City Council finds that no further environmental review under CEQA is required for the proposed Project because there is no substantial evidence in the record as a whole that any of the standards under CEQ~4 section 21166 or CEQA Guidelines sections 15162 and 15163 for the preparation of a subsequent or supplemental EIR are met. " CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:: The Proposed Project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and the Planned Development Zoning for the Dublin Transit Center and is compatible with the surrounding properties as well as the project site. ATTACHMENTS: 1) City Council Ordinance 5-06 2) Resolution recommending that the City Council adopt an Ordinance approving Amendment 1 to the Development Agreement for the Dublin Transit Center Site E-1 (Esprit at Dublin Station), with the draft Ordinance included as Exhibit A and the Amendment 1 to the Development Agreement included as Exhibit A-1. 4 of 5 GENERAL INFORMATION: PROPERTY OWNER/APPLICANT: Dean Mills D.R. Horton, lnc. 6658 Owens Drive Pleasanton, CA 94588 LOCATION: Southeast corner of Dublin Boulevard and iron Horse Parkway (APN 986-0034-011-00) ZONING: PD, Planned Development GENERAL PLAN LAND USE DESIGNATION: Campus Office SPECIFIC PLAN/ LAND USE DESIGNATION: Campus Office (Flex Parcel) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North None Public Lands Camp Parks (U.S. Army) South PD Campus Office Vacant West PD High Density Residential High Density Residential East PD Campus Office Vacant 5 of 5