Loading...
HomeMy WebLinkAbout8.1 Attch 2 PC Staff Rpt-09-14-2010STAFF REPORT PLANNING COMMISSION DATE: September 14, 2010 TO: Planning Commission SUBJECT: PUBLIC HEARING: PA 06-060, Avalon Bay Communities, Dublin Station (Transit Center Site C) for Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map 7929, and Development Agreement submitted by Avalon Bay Communities, Inc. Report Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The proposed project, Avalon Transit Center Site C, is a residential project comprised of 486 apartment units, 4,192 square feet of ancillary retail space, 7,390 square feet of amenity space, 751 spaces of structured parking within two buildings, 25 private, on-street parking spaces, and 40 public on-street parking spaces on a combined 7.2-acre site located within the Transit Center Village planning area. 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 the following Resolutions: a) Resolution recommending that the City Council adopt a Stage 1 Development Plan Amendment and Stage 2 Development Plan for the Avalon Bay Communities Dublin Station project on Site C of the Dublin Transit Center: and b) Resolution approving Site Development Review and Vesting Tentative Tract Map 7929 for Avalon Bay Communities, Site C, Dublin Transit Center; and c) Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement for Dublin Station, Site C, Dublin Transit Center, Avalon Bay Communities. Submitted By: Consulting Planner Reviewed By Planning Manager COPIES TO: Applicant File Page 1 of 14 G:1PA#12006106-060 Dublin Transit Center Site CVPC Mtg 9.14.10wCSR 9.14.10.doc ITEM NO.: ATTACHMENT 2 PROJECT DESCRIPTION: The proposed project, Avalon Bay Communities, Dublin Station, Transit Center Site C (Cl & C2), is a residential project comprised of 486 apartment units, 4,192 square feet of ancillary retail space, 7,390 square feet of leasing/amenity space, 751 spaces of structured parking within two buildings, 25 private, on-street parking spaces, and 40 public on-street parking spaces on a combined 7.2-acre site located within the Transit Center Village planning area. Background Planning Commission Study Session - December 9, 2008 The Planning Commission, at a Study Session on December 9, 2008 reviewed the project and referenced various concerns. (See Attachment No. 1, Planning Commission Study Session Minutes) The details of the discussion points are included below: Location & Existing Use Site C (Cl & C2, combined) is a 5-sided site located immediately north of the BART station underpass entry. The site is located within the loop area at the intersecting terminus of the two streets providing access to the BART station. These streets are Iron Horse Parkway to the east and Demarcus Boulevard to the west. Site C is comprised of two legal parcels of approximately 3.6 acres each divided by a north-south spine or corridor shown on the plan as Hamlet Lane. C- 1 is to the west and C-2 is to the east (see Map 2 below). The site currently is used as a surface parking lot of approximately 1,086 spaces for the BART station. These spaces will be eliminated as the 1,528-space BART station parking structure was built to free Site C for development. Additionally, there are 295 BART surface parking stalls located adjacent to the BART garage and in an open lot west of DeMarcus Blvd. Once this project is constructed, there will be 1,528 parking structure spaces and 295 surface parking stalls to serve BART. u lie ? I tsr CL Avalon at 9 Dublin Station Metropolitan Camillia Place Future Hotel Elan Future Apts PROJECT Map 1 - Aerial Photo Project Site Future Office 2of14 Surrounding Uses Uses surrounding and adjacent to the project site are described as: a) To the north: High density residential and mixed use projects (Elan and Avalon Bay) located across from the project site by a village green/community greenbelt, known as Campbell Green; b) To the southeast: Recently completed BART Station parking structure and bus parking along the opposite side of Iron Horse Parkway; c) To the east: Planned for hotel and/or office use but currently vacant; d) To the south: BART Station and underpass beneath the 1-580 right-of-way to the BART station platform; and e) To the west: Open-air bus terminal, surface parking, and a Pacific Gas & Electric power substation. Lr_L Analysis: -,, The proposed mixed-use 4B? ? CAMPBELL LANE i ??-- CAMPBELL GREEN --? D _ - , -, project includes two apartment =OURi . PG6E ,L AREA uSSTAno buildings totaling 486 units, with structured parking 1, BUILDING C7 ? - BULDING CT abutting each of the two AVALON DUBLIN buildings, ground floor STATION- SITEC • ?' 1 ancillary commercial space and ground level space with one section designated for the R waoKrE.ttswrxN rr[o[ww+nrs ? `? HORSE leasing office and the other as j NxxEVUmuoaav rops¢wcxr ar `\ ?? p,,NA ? BAR7 PARgNG! wvwsvaxxax rrlsswrtu recreation room space. Two ?? -_-_' WE Dr0"Tr Tfurn D . parcels combined comprise `BART $TATIGN EN RV RN4F3 N1M5FC' SLMlI ? [dt51 the 7.2-acre project site as further described below. Man 3: Proposed Site Plan • Residential -The residential structures will be located within the northerly portion of Site C while the parking structures are located in the southerly V-portion. The 5-level building on Site C-1 (west side adjacent to Demarcus Boulevard) includes 245 units, and the building on C-2 includes 241 units for a total of 486 units. The portion of the building along the east side adjacent to Iron Horse Parkway is four levels of residential uses above one level of ground floor commercial. The residential uses are oriented towards both public open space area and private common open space area. The village greenbelt provides public open space to the north. Each building also is designed around a ground level open area which would provide private common area open space and recreational amenities for the residents of the proposed project. • Commercial - Approximately 4,192 square feet of commercial/retail space is proposed to be located on the ground floor of building C-2 along Iron Horse Parkway between the corner at Campbell Lane and the entrance to Parking Structure C-2. This retail space is directly across from the BART Station parking structure and the future hotel and/or office uses planned to the east. It does not include the leasing office and recreation room space discussed below. 3of14 • Parking Structures - A parking structure abuts the south side of each of the two apartment buildings. The parking structure on Site C-1 provides 376 spaces on 5 levels plus a portion of a sixth level. The parking structure on Site C-2 provides 375 spaces on 6 full levels, for a total of 751 spaces. Primary vehicular access to the parking structure on Site C-1 is taken from Demarcus Boulevard on the west near the leasing office and west of the transition with Iron Horse Parkway. Primary access to the parking structure on Site C-2 would be taken from Iron Horse Parkway adjacent to the commercial space. • Leasing Office and Amenity Recreation Room - Two spaces are located at ground level along the southerly end of each parking structure. A leasing office of approximately 3,397 square feet is located on Site C-1. A recreation room or amenity area of approximately 3,993 square feet is located across the ground level plaza on Site C-2 at the end of the central spine between Sites C-1 and C-2. The total area for these two spaces is 7,390 square feet and is not considered as commercial space or contributing to residential parking demand. The corridor that separates Sites C-1 and C-2 is identified as Hamlet Lane. Hamlet Lane connects to Campbell Lane and serves as a pedestrian corridor with limited vehicular access (private on-street parking, trash collection and emergency vehicular access) through Site C ending in a cul-de-sac and pedestrian plaza at street level directly across from the Dublin- Pleasanton BART Station. The building lobby for each of the two sites and secondary access to each of the two parking structures are located off of Hamlet Lane. This street also accommodates emergency and trash collection vehicles. Stage 1 Development Plan The Applicant is proposing an amendment to the Stage 1 Development Plan to increase the number of units allowable on Site C from 405 to 486. In order to not increase the allowable number of units in the overall Transit Center, Alameda County Surplus Property Authority has agreed to reduce the number of allowable units on Site A from 530 to 452 and to allocate the 3 unused units from Site B to Site C. (See Attachment No. 2) The "Dublin Transit Center: Proposed Land Uses" chart found on page 1.13 of the Stage 1 Development Plan would be amended as follows to shift 78 units from Site A and 3 units from Site B to Site C. The chart shows a strike out for the item to be changed and the revised number highlighted: Dublin Transit Center: Proposed Land Uses Site Area Area GP/EDSP Max. Max. FAR Density FAR Density Ancillary Additional (gr.ac.) (net Land Use Sq. Ft. Units (gross) (gross) (net) (net) Retail Units ac. Sq. Ft. A 10.92 8.29 High Density 530 49 64 Res 452 41 54 B 12.00 8.10 High Density 565 47 70 15,000 Res 562 C 8.58 5.80 High Density 405 47 7A 25,000 Res 486 57 84 D-1 3.50 2.50 Campus 190,000 1.25 1.74 7,500 150 Office D-2 17.32 12.10 Campus 950,000 1.26 1.80 Office _ E-1 6.28 4.10 Campus 300,000 1.10 1.68 15,000 150 Office E-2 11.20 7.70 Campus 560,000 1.15 1.67 Office F 12.20 8.73 Neighborhood _ Park 4of14 P/SP 8.65 7.93 Public/Semi- Public 7,500 _ Total 90.65 65.25 2,000,000 1,500 70,000 300 Summ a 90.65 65.25 _ _ _ a/b/c 31.50 22.19 High Density Res 1,500 48 68 40,000 We 38.30 26.40 Campus Office 2,000,000 1.20 1.74 22,500 300 F 12.20 8.73 Neighborhood Park N/A N/A p/sp 8.65 7.93 Public/Semi- Public N/A 7,500 Stage 2 Development Plan Most of the standards and requirements of a Stage 2 Development Plan required by Chapter 8.32.030 B. of the Zoning Ordinance were adopted with the Stage 1 Planned Development Zoning for all of Dublin Transit Center. The Stage 1 Planned Development zoning established the permitted, conditionally permitted, and accessory land uses; site areas and proposed densities; maximum number of residential units and non-residential square footages; and a Master Landscaping Plan. The approved development standards contained in the Stage 1 Development Plan provide for development standards such as building height, number of stories, building setbacks and a parking ratio of 1.5 parking stalls per unit and suggested high-density residential development in 4 or 5 stories either over podium parking or with the units "wrapped" around the parking structures as is the case with this project and Avalon's first project. The adopted Planned Development zoning also limits ancillary retail and services to the ground floor frontage along Iron Horse Parkway. The development of Site C complies with the Stage 1 Planned Development Zoning for the Dublin Transit Center as it is compatible with the Dublin Transit Center land use concept to maximize transit opportunities presented by the adjacent Dublin/Pleasanton Bay Area Rapid Transit (BART) Station and will contribute to an accessible and pedestrian-friendly environment in proximity to the BART Station. The Stage 2 Development Plan for Avalon Transit Center, Site C has been designed to be consistent with the Stage 1 standards as proposed to be amended. The proposed Site Development Plan is reflective of the Stage 2 standards in terms of lot area, lot dimensions, lot coverage, type and number of units, location and number of parking spaces, setbacks, architecture, and affordable housing. A Resolution recommending the City Council adopt an Ordinance approving a Stage 1 Planned Development Amendment and a Stage 2 Development Plan is included as Attachment No. 3. Site Development Review The Site Development Review includes: site plan, architectural design, landscape plan, and streetscape improvements. The site layout and design is intended to create an image consistent with an urban lifestyle and encourage pedestrian circulation. Site Plan In addition to the description above of the residential, commercial, and parking areas, each residential structure wraps around an outdoor courtyard area that provides private common area open space. The common recreation area on Site C-1 includes: hard surfaces with tables, umbrellas, and chairs; outdoor kitchen and fireplace; and small lawn areas. The space on Site 5of14 C-2 includes: the pool, spa, deck, and amenities related to poolside water recreation. These areas are supplemented by the 3,993 square foot recreation room near the southerly end of the site facing the Central Plaza. (See Attachment No. 4, pages A-00.07, A-10.01, L-2 and L-3) Architecture/Design Standards The Stage 1 Planned Development zoning adopted for the Transit Center Village addressed design standards for building heights, number of stories, building setbacks and parking ratio. The proposed architecture of the two structures is consistent with the Avalon and Horton projects constructed to date on Sites B-1 and B-2. Building exteriors have ample exterior articulation and variable color palette to minimize visual mass and scale. The roof lines are a combination of hip, gable and parapet structures. The parapet elements are flat with a cap or cornice of metal. The hip and gable roof designs are finished with terracotta colored concrete S-tiles. The building segments are distinguished by the exterior materials and colors. Building corners and entries are identified by additional height and materials. The ground floor commercial facade along Iron Horse Parkway, building entries, and the special purpose structures, such as the leasing office and recreation room, would be clad or finished with a contrasting material, such as manufactured stone and brick. Vertical mass is addressed by distinguishing between material for the ground floor and the upper residential floors by color or finish, such as concrete scoring, reveals, stucco bands, and perforated metal siding or lap siding on the recessed or lower residential levels with significant brick and stone elements. Some upper level windows are accented by awnings, and upper level balconies are finished with protected iron railings; some top-level balconies may be covered by an open trellis. (See Attachment No. 4, pages A-00.00, A-00.04, A-00.05, and A-01.01 through A-01.05, A-01.10 through A-01.014) Substantial measures were taken with the design to integrate the exterior of the parking structures facing Iron Horse Parkway and Demarcus Boulevard with the exterior of the residential structures of the project in the form of similar exterior colors, finishes, and window pattern similar to the residential structures. The design result is a well coordinated architecturally interesting and unobtrusive garage that accents and enhances the overall design of the project. Floor/Unit Plans The proposed project offers studio, one-bedroom, two-bedroom, and three-bedroom floor plans in different floor plan configurations that vary in size and layout depending on the placement of the units within each building. All plans are single level with the exception of the one loft unit in Building C-2. The units would range in size from approximately 672 square feet for the smallest studio apartment to 1,390 square feet for the largest 2-bedroom unit excluding private decks, balconies, or patio areas. Decks occur on the 1 and 2 bedroom plans. (See Attachment No. 4, pages A-22.01 and A-22.02) The distribution of units by floor plan generally is shown in the following table: Table 1: Unit Total by Floor Plan Unit Size/# of bedrooms No. of Units % of Total Units ft Decks . ft. Studio 28 units 6% 672 n/a One-bedroom 215 units 44% 770 50 Two-bedroom 217 units 45% 1390 60 Three-bedroom 25 units 5% 1320 n/a Loft 1 unit <1% 1334 n/a Total 486 units 100% 6of14 The average unit size is 934 square feet. The variety of 28 floor plans, some with only a small number of units, reflects conformance of certain floor plans or spaces to the building exterior. Access to the units would be from interior corridors. A total 432 units (or 89%0) have some private open space in the form of decks, balconies, or patios ranging in size from approximately 50 square feet to 60 square feet. Ancillary Retail/Commercial Space Additionally, the Applicant's existing project, Dublin Station I, incorporates 12,750 square feet of retail/commercial development which remains unleased. The Stage 1 Development Plan for the Dublin Transit Center notes that "ancillary ground floor retail and service uses are strongly encouraged" and "Up to 70,000 square feet of ground floor retail and service uses could be incorporated into the residential ....fronting on Iron Horse Parkway as long as the overall densities are not exceeded." The Stage 1 PD allows a maximum of 25,000 square feet of commercial space in the project site. However, the inability to lease the existing retail/commercial square footage in Avalon's existing project has prompted the Applicant to only provide 4,192 square feet in addition to 7,390 square feet to be used for the leasing office and recreation areas. Access and Circulation Avalon Site C is accessed by the surrounding streets which are Iron Horse Parkway to the east, Demarcus Boulevard to the west, and Hamlet Lane, the central spine between sites C-1 & C-2. Hamlet Lane is accessed by Campbell Lane to the north which encircles Campbell Green. Trash staging and collection is located in two areas per building. A trash room is located on each floor stacked above each room. The trash room on the ground floor adjacent to Hamlet Lane becomes the trash staging area for trash dumpster pick up on collection days. (See Attachment No. 4 page A-10.02) Parking The Planned Development zoning for the Transit Center Village established a standard of 1.5 spaces per unit and 1 space per 1,000 square feet of commercial. Based on this standard, a total of 743 parking spaces are required (Please refer to Table below). The leasing office and recreation room has not been assigned a parking standard. It is assumed that uses of the recreation room will be residents or their guests. However, an allowance of seven parking spaces has been anticipated for the leasing office. The project provides 816 spaces (73 more than required) which include: 751 spaces in the two 5-level or 6-level parking structures, and 25 spaces on private streets along Campbell Lane and Hamlet Lane. Over all, available parking within the structures or along the perimeter of the project would satisfy the parking requirements adopted as part of the Transit Center Village master plan. In addition, there are 40 public streetside parking spaces adjacent to the project on Iron Horse Parkway and DeMarcus Blvd. 7of14 PARKING Ratio Units/S Ft Required Provided +/- Residential 1.5 Sp/Unit 486 730 731 +1 Commercial 3 sp/1,000 s ft 4,192 13 13 -- Leasing n/a 7 +7 Private On-Street n/a 25 +25 Public On-Street n/a 40 +40 TOTAL PARKING 743 816 +73 Most of the resident parking will be behind automatic gates and open unrestricted parking will be available for the commercial component as well as parking along the public and private streets. Parking restrictions will be imposed on the public and private streets in the same manner now incorporated adjacent to the existing Avalon and Elan project. Streetscape, Landscaping and Fencing The preliminary landscape plan for Site C was prepared by The Guzzardo Partnership, Inc. in accordance with the Dublin Zoning Ordinance and the Dublin Transit Center, Stage 1 Development Plan. A variety of decorative paving is proposed throughout the project, especially at the terminus of Hamlet Lane and within the plaza area in front of the leasing office and recreation room. (See Attachment No. 4, pages A-00.07 and A-00.08) The project is proposed to have perimeter landscaping and streetscape plantings on all four sides of the project, as well as along the Hamlet Lane corridor and within the two internal common space areas. The streetscape along Iron Horse Parkway and Demarcus Boulevard would be a continuation of the hardscape improvements and plant theme materials as those adjacent to Sites B1 and B2 to the north. A very elegant landscape corridor from the Central Plaza facing the BART Station through to Hamlet Lane has been designed to provide a unique experience. Large tubular steel structures with translucent colored glass panes on brick bases line the central walk way to define the walking path that will lead the pedestrian through this opening onto Hamlet Lane and up to the common open space area of Campbell Green. These bases become the supports for an arched tubular steel trellis that will be built over the walkway. (See Attachment No 4. pages A-00.08, A- 01.13 and L-4) Vehicular traffic will be very limited on Hamlet lane as there is no access to the parking garages, only resident parking, fire and trash truck access will use this private street. The street should be extremely pedestrian friendly. Campbell Green - The proposed project is located immediately to the south of an area that has been developed as a 1-acre village greenbelt area with passive recreation amenities now known as Campbell Green. This 1-acre area located between Sites B and C was developed with Avalon and Elan sites Site B-1 and B-2 abutting the northerly side of the green. Campbell Green presents a park-like setting which includes lawn areas and a plaza with seating beneath wood trellises. It is a supplement to the common area open space and recreation amenities on site. 8of14 Sound Attenuation A mitigation measure contained in the Environmental Impact Report for the Dublin Transit Center requires site specific acoustic reports to be prepared by qualified acoustical consultants. The report must include detailed identification of noise exposure levels on the individual project site and a listing of specific measures to reduce both interior and exterior noise levels to normally acceptable levels including but not limited to glazing and ventilation systems, construction of noise barriers and use of buildings to shield noise. Generally the present day window construction will mitigate noise to an acceptable level, however it is the exterior space facing or adjacent to the noise source where attenuation is most difficult. In the instance of this project, in order to comply with applicable standards, the architect has eliminated balconies and personal exterior space where noise exposure would be most difficult to mitigate. Affordable Housing The affordable units provided would be in conformance with requirements of the Inclusionary Zoning Ordinance, as well as the terms of the Master Development Agreement as it pertains to the provision of moderate income units within the Dublin Transit Center. In accordance with the Master Development Agreement, the Applicant would provide 10% of the 486 units proposed as affordable to moderate level income households (49 units). Discussion Items from Planning Commission Study Session - December 9, 2008 This project was brought before the Planning Commission in a Study Session format on December 9, 2008. The Planning Commission engaged Staff and the Applicant in conversation regarding various aspects of the project and the following items were referenced as concerns by the Commission: (See Attachment No. 1, Planning Commission Study Session Minutes) • Sense of Arrival • Distinctive Identity • Roof Line Articulation • Building Colors • Parking Garage Lighting Each of these items will be discussed in further detail below. Sense of Arrival: Page 88, item 10.6 of the Community Design and Sustainability Element of the General Plan is referenced as Sense of Arrival: Item Number 9 lists the East Dublin/Pleasanton BART Station as an entrance to the City. Furthermore on Page 89, 10.6.3 Policies A and B note that gateways should be marked with City identification and the incorporation of dramatic features such as landscaping or Public Art at key gateways. (See Attachment No.5) Considerable changes have been made to the Applicant's submittal since the Study Session. The Applicant has changed the focus of the entry plaza since their original plan and has provided a considerable design element announcing Dublin and providing seating and congregating space. Additionally the Applicant has designed a pathway between buildings to lead people to the community green. (See Attachment No. 4, Pages A-00.00, A-00.04, A-00.05, A-00.08, and A-00.09. The City of Dublin has commissioned a piece of public art to be placed in the median island directly across from the entrance to this project. The art piece is currently under review and if approved by the City Council in September, it should be installed by June. 9of14 Distinctive Identity: The Community Design and Sustainability Element on top of page 90 (Policy 10.6.3) states that "...signature building architecture at gateways that are oriented toward the gateway to create a sense of place..." are encouraged. (See Attachment No. 5) The Applicant has created very distinctive architectural design with ground floor activation and upper story articulation that announce a sense or arrival. The architecture is rich with materials (brick, stone and metal awnings) and introduces a tower element with a hipped concrete tile roof for punctuation. The most upper floors of the structure provide an all glass light and airy feeling with a very deep and significant roof overhang to cap the structure. The architect's design of the building in this location relates both to the pedestrian level and the elevated BART Platform encouraging people to come and look at this area. (See Attachment No. 4 pages A00.00, A- 00.04, and A-00.05) The building is oriented in a "v" shape at the central plaza allowing heavily landscaped seating areas and gathering spaces with an abundant tree canopy. This "v" area funnels the eye and the pedestrian to the central corridor between the structures and through a throated passage onto Hamlet Lane and Campbell Green beyond. That passageway is heavily detailed with 5 pairs of tubular steel structures with translucent colored glass panels on brick concrete bases from which steel archways reach across the walkway to join the pairs of steel structures together. (See Attachment No 4, page A-00.08, A-01.13 and L-4) Roof Line Articulation: The Planning Commission was concerned with the roof massing and roof forms (See Attachment No. 1). Attachment No. 6 provided by the Applicant provides the Planning Commission with a before and after view of the building elevations. The architect has softened the roof lines considerably, adding more vertical articulation. Where before most of the building roofs were horizontal, the project now has been intersperced with combinations of hip, gable and flat roof elements. Visible roofs are composed of concrete the and heavily detailed. Building Colors: The Planning Commission indicated that they were concerned with the building colors, specifically the fact that there was too much white. Attachment No. 6 clearly shows the before and after coloring of the buildings. Attachment No. 4, page A-01.10 though A-01.14 provide that actual color and materials for the building. The proposed color pallet has changed from muted, subdued earth tones to colors more consistent with the existing Avalon project. The introduction of terra cotta, muted yellows and golds with the accents of beige/yellow brick veneer and warm brown stone and light colored stucco and copper red wood visually highlight the architectural detailing of the elevations and differ dramatically from the basic three brown and beige colors of the original proposal. Parking Garage Lighting: The Planning Commission expressed a concern regarding the prominence of the light fixtures located on the roof parking deck. The concern was that light from these fixtures would be a concern to people in adjacent buildings. The architecture of the building has changed considerably. Where the architecture before was primarily four stories with the parking structures sticking up above, the new architecture is now five stories with sloped roofs shielding the parking structure. Additionally the roof mounted light standards were located at the outside edge of the structure making them more visible, the new architecture moves the light standards to the center of the garage lessening the impact of the lighting. The additional height of the buildings will also prevent anyone from looking down onto the top most parking deck of either building. Please refer to Attachment No. 8 for the Resolution and Conditions of Approval for the Site Development Review. Vesting Tentative Tract Map 7929 Although the project is proposed for occupancy as apartments, a Vesting Tentative Tract Map is being processed along with the Site Development Review and Stage 2 Planned Development to provide for condominium development. The project will be constructed to condominium 10 of 14 standards. (See Attachment No. 4 pages 1 through 7) Please see Attachment No. 8 (Pages 17-23) for Conditions of Approval specific to the Tentative Tract Map. 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 recordation of the final Tract Map and issuance of building permits for the development of the property. The proposed 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 ending 5 years from the date of effectiveness. 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 on other Dublin Transit Center sites. In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, make commitments 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. Specifically, Section 17 of the Development Agreement would delegate authority for approval of such requests for transfer or assignment to the City Manager. A Planning Commission Resolution recommending the City Council adopt an Ordinance approving the Development Agreement between the City of Dublin and Avalon Bay Communities, Inc. is included as Attachment 7 with the draft Ordinance attached as Exhibit A and the Development Agreement attached as Exhibit B. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The area within the proposed project is designated High Density Residential in the General Plan and the Eastern Dublin Specific Plan. The site is zoned PD High Density Residential. Ordinance 21-02 (PA 00-013) approved in 2003 established the Stage I Planned Development zoning and Development Standards. The current Stage 1 Development Plan Amendment, Stage 2 Development Plan, SDR and Vesting Tentative Tract Map request would be consistent with the General Plan land use designation and Planned Development zoning as amended. The proposed project has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan and correlations to several salient points in the Community Design and Sustainability Element have been referenced in the Staff Report. The project itself is a portion of a larger project already approved that has implemented pathways, 11 of 14 gathering spaces, open spaces, and a village concept which is further defined and accentuated by this development. Avalon Bay Communities is furthering the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life, interesting and unique urban open spaces and gathering places and preserving resources and opportunities for future generations. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 8). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. ENVIRONMENTAL REVIEW: The project proposes to amend the existing Dublin Transit Center Stage 1 Development Plan by transferring 78 units from Site A and 3 units from Site B to Site C. The sites are designated for high density residential and the total number of residential units across the Dublin Transit Center would then increase. The project includes less than 5,000 square feet of retail/commercial, which is consistent with the prior approvals and ancillary to the primary residential use. 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 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. The proposed Stage 1 Development Plan Amendment, Stage 2 Development Plan, Site Development Review and Development Agreement are not a substantial change in the project or project circumstances, and do not constitute new information of substantial importance requiring subsequent or supplemental review under CEQA section 21166 and related Guidelines sections 15162 and 15163. Therefore, pursuant to the California Environmental Quality Act, the proposed project may be found to be exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a Specific Plan for which an EIR was certified. No further environmental review is required. ATTACHMENTS: 1) Minutes from a Joint City Council/Planning Commission Study Session on December 9, 2008. 2) Letter from Alameda County Surplus Property Authority. 3) Resolution recommending that the City Council adopt a Stage 1 Development Plan Amendment and Stage 2 Development Plan for the Avalon Bay Communities Dublin Station project on Site C of the Dublin Transit Center with the Draft Ordinance included as Exhibit A. 12 of 14 4) Overall Project Plans Stage 2 PD/SDR Submittal, Avalon Bay Communities, Inc. 5) Pages 88, 89 and 90 of the Community Design and Sustainability Element. 6) Comparison Project Plans Avalon Dublin Station Site C, Stage 2/SDR Revisions dated May 18, 2010. 7) Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement for Dublin Station, Site C, Dublin Transit Center, Avalon Bay Communities with the Draft Ordinance attached as Exhibit A and the Development Agreement attached as Exhibit B. 8) Resolution approving Site Development Review and Vesting Tentative Tract Map 7929 for Avalon Bay Communities, Site C, Dublin Transit Center. 13 of 14 GENERAL INFORMATION: PROPERTY OWNER/APPLICANT: LOCATION: EXISTING ZONING: GENERAL PLAN DESIGNATION & EASTERN DUBLIN SPECIFIC PLAN: Avalon Bay Communities, Inc. 400 Race Street, Suite 200 San Jose, CA 95126 Northeast of Demarcus Boulevard, northwest of Iron Horse Parkway, and south of Campbell Green (village greenbelt) and the extension of Campbell Lane [the extension of Martinelli Way] APN: 986-0034-005-02 Parcels 2 & 3 of Parcel Map 7893 PD-High Density Residential High Density Residential 14 of 14