HomeMy WebLinkAboutOrd 23-10 Exprit At Dub Station DAORDINANCE NO. 23 -'!0
AIV ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DUBLIN
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APPROVING AMENDMENT 1 TO THE DEVELOPMENT AGREEMENT FOR DUBLIN
TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN STATION) PA 09-002
THE CITY COUNCIL. OF THE CITY O~ DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The pro~~osed Dublin Transit Center Site E-1 ("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~ Eiement Map, and Eastern Dublin Specific Plan Land Use Map
for a combination of High Density Residentiai, Campus Office and Public/Semi Public land uses.
B. Pursuant to the C~~lifornia Environmental Quality Act (CEQA), this Project is exempt
from CEQA pursuant to Government Code Section 65457 which exempts residential projects
that are consistent with a specific pian from further environmental review. Additionally, the
Project is within the scope of the Final Environmental Impact Report 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 C~uncil Resolution Na. 215-02 dated November 19, 2002 (Transit
Center EIR). Furthe~more, there are no suppfemental impacts that would require preparation of
a Supp~ementai Environmental Impact Re~o~t.
C. A Dev~lopment Agreement between the City of Dublin and Western Pacific
Housing (doing business as D. R. Horton) was approved in March 2006 (Ordinance 5-06).
Amendment 1 to the Develo~~ment ~.greement has been presented to the City Council. The
Amendment is attacned ta this Ordina~~,e as Exnib;t A.
D. A public hearing on the proposed Amendment 1 to the Devefopment Agreement
was held before the Planning Comrri~ssior~ on September 14, 2010, for which public notice was
given as provided by iaw.
D. The Planning Cc~mmission has made its recommendation to the City Council for
approval of Amendment 1 to the Deveiopment Agreement (Resolution 10-39, incorporated
herein by reference).
F. Public hearings on the ~roposed Deveiopment Agreement were held before the
City Council on October 5, 2010 and Oct~beo 19, 201a; 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 ~~t its September 14, 2Q1Q meeting, including the Planning
Commission's reasons for its recommendation, the Agenda Statement, all comments received in
writing, and all testimony received at the public ~rearinc~.
Ord No 23-10, 1 1/2/10. Item No. 4 4 ~ag2 ~ Of .5
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 Dubfin General Plan Amendment; (d) the
Specific Plan; (e) the Transit Center EIR; and (f) the Staff Report, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The A~reement is consistent with the objectrves, policies, general land uses and
programs specified an the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern
Dublin Specific Plan,/General Plan iand use designation for the subject site is proposed to be
Planned Development and that the proposed Site E-1 residential development is consistent with
that designation; b) the project is consistent with the fiscal policies in relation to provision of
infrastructure and public services of the City's Eastern Dubfin Specific Plan/General Plan; c) the
Agreement sets forth the r~les the Developer and City will be governed by during the
development process which is required by the Eastern Dublin Specific Plan and the Mitigation
Monitoring Program c~f the Eastern Dublin Specific Plan.
2. The Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts ir~ which the real property is located in that the project
approvals include amended Planned Development Rezone, Site Development Review and
Vesting Tentative Maps.
3. The Agreement is in conformity with public convenience, general welfare and good
land use practice in that the Developer's project will implement land use guidelines set forth in
the Eastern Dublin Specific Plan/General Plan and the Dublin Transit Center Stage 1
Devefopment Plan.
4. The Agreement will not be detrimental to the health, safety and general welfare in
that the development will proceed in accordance with the Agreement and any Conditions of
Approval for the Project.
5. The Agreement will not adversely affect the orderly development of the property or
the preservation of property values in that the development will be consistent with the City of
Dublin Eastern Dublin Specific Plan/G~ner~l Pfan.
6. Pursuant to the California E~vironmentai Quality Act, the City Council finds that
the Project is exempt from CEQA pursuant to Government Code section 65457 because it
implements a residential proje~t that is consistent with a specific plan for which an EIR has been
certified. The Project is withir~ the scope of the certified Transit Center EIR. The City Council
finds that no further environrr~ental review under CEQA is required for the proposed Project
because there is no substantial evider~ce in the record as a whole that any of the standards
under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for the preparation
of a subsequent or supplemental EfR ar~ rnet
Section 3. APPROV,AL
The City Council herebu approves the Amendmer~t No. 1 to the Development Agreement
(Exhibit A to the Ordinance) ar~d autharizes the Mayor to execute it.
Ord No 23-10, 11/2/10. Item No.44 Page 2 of 3
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Section 4. RECORDATION
C~
Within ten (10) days after the Amendment No. 1 to the Development Agreement is fully
executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for
recordation.
Section 5. EFFECTIVE D.ATE 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 AND ADOPTED BY the City Council of the City of Dublin, on this 2"d day of
November 2010 by the following vote: .
AYES' Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATTEST:
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City Clerk
Ord. No. 23-10, ~~iti~o, Item No. 4.4 Page 3 of 3
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RECORDING REQUESTED BY:
C1TY OF DUBLIN
When Recorded Mail To:
City Clerk
City af Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
S~~ace above this line for Recorder's use
AMENDMENT NO. 1 TO DEVELOPNIENT AGREEMENT
BETWEEN THE
CiTY OF DUBL.IN
AND
WESTERN PACIFIC HOUSING, INC.
FOR THE DUE3~JN TRANSIT~ CENTF_R E-1 PROJE(~T
EXIIIBIT A "t~0
:1T't'AC}iR~IF'"v'~~ ?
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THIS Amendment No. 1 to the Development Agreement Between the City
of Dublin and Western Pacific Housing ("AmendmenY') is made and entered in
the City of Dublin on this _ day of , 2010, by and between the City of
Dublin, a Municipal Corporation (hereafter "City"), and Western Pacific Housing,
Inc, a Delaware corporation, doing business as D.R. Horton (hereafter
"Developer"), pursuant to the authority of §§ 65864 et seq. of the C~~lifornia
Government Code and Dublin Municipal Code, Chapter 8.56. City and Deveioper
are from time-to-time individually referred to in this Agreement as a"Party" and
are collectively referred to as "Parties".
RECITALS
1. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the ~:,ity 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 establish cert~~in
development rights in such property.
2. Developer desires to devefop and holds legal interest in certain real
property consisting of approximately 4.1 acres of land, located in the City of
Dublin, County of Alameda, State of California, which is more particularly
described in Exhibit 1 attached hereto and incorporated herein by tfiis reference,
and which real property is hereafter called the "Property". The Pro~~erty is
generaily known as the "Transit Center Site E-1" and is part of the 1~ransit Center
Property located adjacent to the Dublin BART station.
3. Pursuant to that authority, City and Developer enterec'~ into that
certain "Development Agreement Between the City of Dublin and W'estern Pacific
Housing, Inc for the Dublin Transit Center Site E-1 ProjecY', dated February 7,
2006 and recorded in the Official Records of Alameda County ("Official Records")
on March 10, 2006, as document number 2006-090936 ("the Agreement").
4. Developer previously proposed the development of the Property
with 300 residential units and approximately 15,000 square feet of c~round floor
retail. The City approved various land use approvals in connection with the
development of the Property, and the Agreement referred to the prc>posal and the
associated development approvals as, respectively, "the Project" ar~d "the Project
Approvals." The "Project Approvals" included, without limitation, a:>tage 2
Development Plan (Ord. No. 4-06), Site Development Review (City Council
Resolution No. 6-06) and a vesting tentative parcei map (Planning t~ommission
Resolution No. 05-68). The Project Approvals remain in effect.
5. Developer now proposes the development of the Pro~~erty with 105
residential units as an alternative approval ("the Alternate Project"). The
Developer has applied for, and the City has approved or is process~ng, various
land use approvals in connection with the development of the Alterr~ate Project,
Amendment No. 1 to the Development Agreement Between the City of Dubiin and Western
Pacific Housing for the Dublin Transit Center Site E-1 Project Page 2 of 5
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including, without limitation, a Planned Development Rezoning (Ord. No. _),
Stage 1 and 2 Development Plan Amendments (Ord No. _), Site Developmenk
Review (City Council Resoiution Na. __}, and a Vesting Tentative Tract Map
(Planning Commission Resolution No.Iv-'~ Ail such approvals collectively,
together with any approvals or permits now or hereinafter issued with respect to
the Altemate Project as referred to as the "Alterr~ate Proaect Approvals°. Under
the proposed entitlements, the Developer will have the option of proceeding with
development under either the Project Approvals or Alternate Project Approvals.
6, Section 9.3 of the Agreement requires that the Agreement be
amended where the density or intensity of uses or term of the Agreement are
amended. Developer requests amendments to the Agreement regarding the
density of uses under the Alternate Project Approvals, an extension of the
existing term by seven years, an amendmenk to the affordable housing
obligations for the Property, and a provision fln a public art fee. The Parties
agree that these revisions require an amendment ±o the Agreement
7 The City Cc~uncil has found that, among other things, the
Agreement, as amended, is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
Chapter 8.56.
8. City and Developer have reached agreement and desire to express
herein an Amendment to the Agreement that will facilitate development of the
Project subject to conditions set forth herein; arci
9. On , 2010, the City Council of the City of Dublin
adopted Ordinance No ___ approving this .Amer~dment. The ordinance took
effect on ____ ___________, 2010 ("the Amendment Effective Date").
NOWr THEREFURE, with reference to the foregoing recitals and in
consideration of the mutual promises, obliyations and cavenants herein
contained, City and Developer agree as follows.
AGREEMEN~i
Section 1. l ne terms of the Agreement are amended as follows so that
ail terms applicable to the Project and Project Approvals, as defined in the
Agreement, shall apply to the Alterr~ate Project and Alternate Project Approvals
as defined in this Amendrr~ent. All references t~ "Project" in Sections 5, 6. 7, 8,
10, 14.2, and 20 of the Agreement are arT~ended to read "Project or Alternate
ProjecY' All references lo "Projeci Approuals" in Secfions 5, 6, 7, 8, 10, 14.2,
and 20 of the Agreement are amended to read "Project Approvals or Aitemate
Project Approvals°. Notwithstanding the foreqoing, the Agreement and
Amendment shall not create any right for Developer to proceed with development
of both the Projeci and A!ternate Project on the Property Once the Developer
Amendment No. 1 io the Devefoprnent Agree~ren~ Between !he City v( Dublin and Westem
Pacific Housing for the Dublin Transit Cen'er Sife F-~1 Projr~r( Page 3 of 5
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commences with development of either the Project or Alternate Proj~~ct, the rights
under the Agreement relating to the other project not developed shall be
terminated. For the purposes of this Agreement, "commences with development"
means the issuance of any building permit.
Section 2. Section 4.2 of the Agreement is amended in its entirety to
read as follows:
"4.2 Term. The term of this Agreement shall commence ori the
Approvai Date and shall terminate twelve (12) years thereafter on
March 9, 2018, unless said term is otherwise terminated or
modified by circumstances set forth in this Agreement."
Section 3. Section 10 of the Agreement is amended in its
entirety to read as foliows:
"10 Term of Proiect Approvals and Alternate Proiect Apprc>vais.
The term of the Project Approvals and Alternate Project Approvals a~re
extended for the term of the Agreement subject to the provisions of
Section 4.2 of this Agreement. Notwithstanding the foregoing, once the
Developer commences with development of either the Project or Alternate
Project, the extension of the term of the project approvals under the
Agreement for the other project not developed shall be terminated. For
the purposes of this Agreement, "commences with development" mE;ans
the issuance of any building permit.
Section 4. Amendment to Exhibit 8. Exhibit B to the AgreE:ment is
hereby replaced in its entirety with Exhibit 2 to this Amendment.
Section 5. Counterparts. This Amendment is executed in two (2)
duplicate originals, each of which is deemed to be an original.
Amendment No. 1 to the Development Agreement Between the City of Dublin and Western
Pacific Housing for the Dublin Transit Center Site E-1 Project Page 4 of 5
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Section 6. Recordation. City shail record a copy of tl~is Amendmen~
within ten (10) days follovvir~G executic~n by all ~;arties.
IN WITNESS WHEREOF, ihe K~arties here!o have causeci ti~is
,Amendment to be execu~ed as ni khe data anc; year firsf above ~r~ritter.
CITY OF DUBLIN:
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----...---- -__
Tim Shranti, Mayor
~TTEST
B~' --. - Date;
----- - --- _ _ _ __
Caroline Soto, Gily Cierk
APPROV~D AS TO FORP~1:
- ---- - --
J~>I~ri B<~kker City Af~ornry
WEST~~N ~'ACIf=1C F-{OIJSI~Ji~~ INC,
a Del~~v~~re Cor~~~oration
f~i~'~ ~ > _ ~~_ I >~,Er?-
Oe~n 4<. i~~lilfs n sist~3nt Vicc~ i'r~~siilcnt
E ~`~h~ ) l AI ~'I~ ;~~. 17 (>N /1 ~l l !1 t :1 ~/C=U i
Arnendment ~~'Vo. 1 to :he Development tlgreemenl Behve~;n ;he Ci(y of L~ubiin and Western
Pacific Housing t~or i},e L~ub?in Trans~t Center Sil~ E-1 Proje~ct Page 5 of 5
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Exhib+t 1
Legal Description of Dublin Transit Center Site E-1 Property
Real property in the City of Dublin, County of Alameda, State of California,
described as foilows:
Parcel 1, as shown on Parcel Map 7892, filed April 14 2005, in book 280 of
Parcel Maps, Pages 83 85 in the Office of the Recorder of Alameda County,
Assessor's Parcei Number 986-0034-011-00.
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Exhibit 2
Amended Exhibit B to the Agreement
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EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 of the Agreement.
Subparaqraph 5.3.1 - Subsequent Discretionary Approvals
None.
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 for the Project in Resolution No. 10- of the City of
Dublin Planning Commission approving Site Development Review and Vesting
Tentative Tract Map or for the Alternate Project in Resolution No. 10-_ of
the City of Dublin Planning Commission approving Site Development Review and
Vesting Tentative Tract Map (hereafter "SDR and VTM Resolution") shall
be completed by Developer to the satisfaction of the City Engineer at the times
and in the manner specified in the applicable SDR and VTM Resolution unless
otherwise provided below. All such roadway improvements shall be constructed
to the satisfaction and requirements of City's City Engineer.
(ii) Sewer:
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project or Alternate 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.
Amendment No. 1 to the Development Agreement Page 1 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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Recycied water lines shall be installed in accordance with the
tentat~ve map conditions of approval.
(ivj Storm Drainaqe:
The storm drainage systems off-site, as we~l as on-site drainage
systems for the areas to be occupied, shall be improved consistent with the
tentative map conditions of approvai and to the satisfactior~ and requirements of
the Dublin Public Works Department applying the City's and Zone 7(Alameda
County Flood Cantrol 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 Caiifornia
Regional Water Quality Control Board, or pursuant to subsequent permits
adopted by the Board, alf grading, canstruction 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 developmert 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 shafl 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 or Alternate Project.
Subsection b. Miscellaneous
(i j 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
sa±isfactory to the Public Works Director that assures cornpletion, allow
Develaper to defer completior~ of discrete portic~ns of any public improvements for
the Project or Alternate Project if the Public Works Director deter~Yiines khat to do
so would not jeopardize the publir, he~31t'r,, safety or weifar~e.
Subparaqraph 5.3.3 -- Phasinq Timinq
?his Agreement contains no requirements that Developer musi in~tiate or
c,omplete development of the Praject or Altemate Project within any period of
time set by the City. It is the intention of this pravision that Developer be able to
develop the Property in accordance with its own time schedules and the Project
Appr~vals or Alternate Prajecf Apprr~val~
___._ _ _ __
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Amendment No 1 to the Development ~yreement Paye 2 of 7
Befween the City of Dublin and Wes±em Pacific Housin~ for tFie Dublin Transit Center S~te E-1
Proje~t -- EXHIBIT B
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Subparaaraph 5.3.4 - Financinq Plan
Developer will install ail improvements necessary for the Project or
Alternate 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, potabfe water, and
recycled water services to the Project or Alternate Project will be made available
by the Dublin San Ramon Services District. If so required by Dubiin 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 or Alternate Project. Such services shali be provided as
set forth in Subparagraph 5.3.2(a)(ii) and (iii) above.
Subparaqraph 5.3.5 - Fees, Dedications
Except as otherwise provided in this Subparagraph 5.3.5 or this
Development Agreement, Developer shail 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, inciuding 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 Interchanqes.
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.
Amendment No. 1 to the Development Agreement Page 3 of 7
Between the City of Dublin and UVestem Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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Developer shr~ll pay a Nc~ise Mitigation Fee established by City of Uublin
Resolution No. 33-9Ei, includir~g 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 wi;h
Government Code section 53080 and the agreement betweer Developer or its
predecessor in interest and the Dublin Unified Schoo( District regarding payment
of school mitigatfon fees.
Subsection f. Fire Facilities Fees.
Developer s;'~ali pay a fire facilities fee estabiished by City of Dublin
Resolution No. 12-03 including any amendments tc 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 Tn-Valley Transportatian 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 amoun! of the impact fee in effect
at time of building permii issuance
Subparaqraph 5.3.6 - Reimbursement
Subsection a. Traffic Impact Fee fmprovements - Credit
The City shall provide ~ credit againsl Eastern Dublin -Traffic Impact Fees
to Developer for those improvements described in the resolution establishing the
Fastern Dublin Traffic Impact Fee if such improvements are con5tructed by the
D;=veloper in their ultir~ate locat~on All aspects of tne credit sh~~Il be governed
by the TIF Guidellnes.
Subsection b, Traffic Impact Fee Riqht-of-Way Dedications -
Cred~t
The City shall provide ~~ credii against Eastern Dublin Traffic Impact Fees
ta Developer for ar~y TIF are~~ nght-of-way to be dedicated by Developer to the
City which is required for improvem~nts which are described in the resolution
establishing the Eastern Dublin Traffic i~?~p~ct Fee Alf aspects of the credits
shall be governed by th~: TIF Guidelines.
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Ameodment No_ 1 to the DPVPIo mer~t Ac rPeine-~t Page 4 of 7
Betwaen the Cit of Dublin and V~,eStPrn P~cific Hc~usinq for the [~ublin 1i~nsil CentPr Site E-1
Projc,ct -- EXHIBIT B
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Subparaqraph 5.3.7 - Miscellaneous
Subsection a. Affordable Housinq Requirements. This subsection
shali govern the affordable housing requirement for the Property. As between
the parties, it replaces in its entirety the affordable housing requirements
applicable to the Property (Transit Center Site E-1) set forth in Section 12 of the
First Amendment to Master Development Agreement Between City of Dublin and
Surplus Property Authority of Alameda County for the Dublin Transit Center
Project, dated October 4, 2005. This subsection does not revise any of the
requirements for affordable housing applicable to the Dublin Transit Center
Project, other than Site E-1, set forth in Section 12 in the First Amendment to
Master Development Agreement Between City of Dubiin and Surplus Property
Authority of Alameda County for the Dublin Transit Center Project, dated October
4, 2005.
The affordable housing requirement for the Project and Alternate Project shall be
met by the payment of an in-lieu fee rather than construction of units on-site.
The affordable housing requirement shall be fifteen percent (15°/o) of the total
residential units constructed on the Property. The in-iieu fee shall be calculated
as foliows: the amount of the City's per-unit fee in lieu of construction of
inclusionary units that is in effect on the Effective Date of the Amendment Na. 1
to the Agreement ("Amendment Effective Date") (which equals One Hundred
Two Thousand One Hundred and Fifty-One Dollars ($102,151,00)) multiplied by
a number equal to fifteen (15%) of the total residential units to be constructed on
the Property ("Total Affordable Housing Fee").
For the Alternate Project (105 residential units), the Total Affordable
Housing Fee shail equai One Million Six Hundred Thirty-four Thousand Four
Hundred and Sixteen Dollars ($1,634,416). The Developer shall pay the Total
Affordable Housing Fee in accordance with the following schedule:
Due Date Amount
First Payment 1 Year after Amendment $300,000.
Effective Date
Second 2 years after $400,000.
Payment Amendment Effective
Date
Third Payment 3 years after $400,000.
Amendment Effective
Date
Amendment No. 1 to the Development Agreement Page 5 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Slte E-1
Project - EXHIBIT B
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Fourth Payment 4 years after $534,416.
Amendment Effective
Date
Total $'1,634,4'16.
For the Project (3U0 residential units), the Total Affordabie Housing Fee
shall equal Four Million Five Hundred Nineiy-six Thousand Seven Hundred and
Ninety-five Doliars ($4,596,795) The Developer shali pay the Tota! Affordable
Housing Fee in accordance with the following schedule
Due Date Amount
First Payment 1 Year after Amendment $830,000,
Effective Date
Second 2 years after $7,100,000.
Payment Amendment Effective
Date
Third Payment 3 years after $1,100,000.
Amendm~nt Effective
Date
Fourth Payment 4 years after $1,566,795.
Amendment Effective
Dat~
Totai $4,596,795.
If the Developer has not submitted plans for the development of the Project or
Alternate Project before the Due Date for any of the required Payments specified
above, the amount of the Payr7~ent shall be based on the payment schedule for
the Alternate Project If Developer m~kes any payment of the Total Affordable
Housing Fee based on the Altemaie Project and the Developer submits plans for
tfie Project, fhen Developer shali p~~y the Total Affordabie Housing Fee for the
Project in accordance with the PayiT~~ent schedule for the Project, provided
however that ar~y Payrnents already ~7~ade for the Aiternate Project shall be
credited to Payments for the Proj~ct Any Payments for the Project that had a
Due Date prior to the date of subrr~issir~n of pl~ns f~.~r the Project shall be paid at
the time of submission of Prc~ject plar~~_
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Amendment No. 1 to the DevelopmentAgr~ement Page 6 of 7
Between the City of Dublin and Western Pacific Housing for the Dubl~n Transit Cen~er Site E-1
Project - EXHIBIT B
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This affordable housing requirement constitutes an "alternative method of
compliance" under the City's Inclusionary Zoning Regulations (Chapter 8.68 of
the Dublin Municipal Code and Section 8.68.040E). Through its approval of this
subsection, the City Council hereby finds that the "alternative method of
compliance" meets the purposes of the City inclusionary Zoning Regulations and
wil! promote the City's affordability and Housing Element goals, and hereby
waives the specific requirements of the City Inclusionary Zoning Regulations for
the Project or Alternate Project.
If the City's Inclusionary Zoning Regulations are repealed or suspended in the
future, then Developer is not obligated to make any payment of the portion of the
applicable Total Affordable Housing Fee that is due after the effective date of the
repeal or suspension of the Regulations.
Notwithstanding anything to the contrary in the Agreement, if any payment by
Developer required under this subsection is not received in full by the City by the
due date for such payment, the approval of Developer's "alternative method of
compliance" shall become ineffective. Accordingly, in such event, the City will
withhoid further issuance of building permits and other approvals until such time
as Developer has entered into a binding agreement specifying how it will comply
with the City Inclusionary Zoning Regulations.
The affordable housing requirements shall survive termination of the Agreement.
Subsection b. Public Art Fee Requirement. For the Project
or the Alternate Project, the Developer shall pay a singie public art fee in
the amount of Fifty Thousand Doilars ($50,000.00) prior to issuance of the
first building permit ("Public Art Fee"). The Public Art Fee shall be used
for public art purposes as determined in the sole discretion of the City.
The payment of the Public Art Fee shall constitute full cornpliance with
Condition of Approval 41 of the Site Development Review for the Project
and shall constitute full compliance with all Public Art Fee conditions or
requirements that may be applied to the Alternative Project.
1486357.10
Amendment No. 1 to the Development Agreement Page 7 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B