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Home My WebLink AboutItem 4.10 Heritage Park PD Rezoneor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL August 19, 2014 Honorable Mayor and City Councilmembers CITY CLERK File #450 - 30/600 -60 Christopher L. Foss, City Manager " Heritage Park Project Planned Development Rezone with Cage 1 and Stage 2 Development Plan and Development Agreement Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The Applicant, Bates Stringer, LLC, has requested approval for a development of 54 small -lot, single - family detached homes and a 14,000 square foot, two -story office building. The City Council will consider adopting an Ordinance rezoning the Heritage Park Project site to a Planned Development Zoning District and approving a related Stage 1 and Stage 2 Development Plan and adopting an Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer, LLC. FINANCIALIMPACT: No financial impact to the City. All costs associated with processing this project will be borne by the Applicant. RECOMMENDATION: Staff recommends that the City Council waive the second reading and adopt the Ordinance Rezoning the Heritage Park Project Site to a Planned Development Zoning District and Approving a related Stage 1 and Stage 2 Development Plan; and waive the second reading and adopt the Ordinance Approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park Project. Submitted By Community Development Director 'Reviewed By Assistant City Manager Page 1 of 3 ITEM NO. 4.10 PROJECT DESCRIPTION: Proiect Site Location Heritage Park is located in the southeasterly portion of the Dublin Village Historic Area Specific Plan (DVHASP) area north of Interstate Highway 580, south of Dublin Boulevard, east of Donlon Way, and west of San Ramon Road (APN 941 - 1550 - 005 -03) as shown on the vicinity map below: VICINITY MAP The project application includes General Plan /Dublin Village Historic Area Specific Plan Amendments, Planned Development rezone with a related Stage 1 and Stage 2 Development Plan, Site Development Review, Parcel Map 10259, Vesting Tentative Subdivision Map -Tract 8160, Environmental Impact Report, and Development Agreement for a 6.6 -acre site. On July 15, 2014, the City Council approved General Plan /Dublin Village Historic Area Specific Plan Amendments, Site Development Review, Parcel Map 10259, Vesting Tentative Subdivision Map -Tract 8160, and Environmental Impact Report (Attachment 1). The City Council also waived the reading and introduced an Ordinance to approve a Planned Development Rezone with a related Stage 1 and 2 Development Plan and also waived the reading and introduced an Ordinance to approve a Development Agreement between the City of Dublin and Bates Stringer, LLC. Please refer to Attachment 2 for a complete project analysis. Staff is asking the City Council to waive the second reading and adopt the Ordinance approving the Planned Development Rezone with related Stage 1 and 2 Development Plan (Attachment 3) Page 2 of 3 and waive the second reading and adopt the Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer, LLC (Attachment 4). ATTACHMENTS: 1. City Council Staff Report dated July 15, 2014 2. Planning Commission Staff Report dated June 10, 2014 3. Ordinance Rezoning the Heritage Park Project Site to a Planned Development Zoning District and Approving a Related Stage 1 and Stage 2 Development Plan 4. Ordinance Approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park Project, with the Development Agreement attached as Exhibit A Page 3 of 3 or nU,�� 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #400 - 20/410- 30/600 -60 DATE: July 15, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Heritage Park General Plan /Dublin Village Historic Area Specific Plan Amendments, Planned Development rezoning with a related Stage 1 and Stage 2 Development Plan, Site Development Review, Parcel Map 10259, Vesting Tentative Subdivision Map -Tract 8160, Environmental Impact Report, and Development Agreement for a 6.6 -Acre Site Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The Applicant requests approval for the demolition of a 110,000 square foot office complex and reparcelization of a 6.6 -acre site for the development of 54 small -lot, single - family detached homes and a 14,000 square foot, two -story office building. The Project Site is currently designated Retail /Office under the General Plan /Dublin Village Historic Area Specific Plan and zoned Planned Development. Approximately 5.94 acres would be re- designated as Medium Density Residential, and .61 acres would be reserved for the office building. The Site Development Review addresses both the proposed office building and residential component, and Vesting Tentative Map 8160 would subdivide the 5.94 acre area for the 54 units and an internal circulation system. Overall residential density would be approximately 9.09 units per acre. The proposed General Plan /Dublin Village Historic Area Specific Plan Amendment will be acted on under a separate Agenda item. FINANCIAL IMPACT: All costs associated with processing this project are borne by the Applicant. In addition, the Applicant has agreed to provide a Community Benefit of $6,000 /unit for a total of $324,000 payable on or before the recordation of the first final subdivision map for the Project. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, and take the following actions: a) Take a straw vote regarding the proposed General Plan and Specific Plan Amendment; b) Adopt a Resolution Certifying an Environmental Impact Report and Adopt CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the Heritage Park project; Page 1 of 5 ITEM NO. 6.1 c) Waive the reading and INTRODUCE an Ordinance rezoning the Heritage Park project site to PD- Planned Development and approving a related Stage 1 and Stage 2 Development Plan; d) Adopt a Resolution Approving a Site Development Review, Parcel Map 10259 and Vesting Tentative Subdivision Tract Map 8160; and e) Waive the reading and INTRODUCE an Ordinance Approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park project. Submitted By Community Development Director PROJECT DESCRIPTION: 'Reviewed By Assistant City Manager Heritage Park is located in the southeasterly portion of the Dublin Village Historic Area Specific Plan (DVHASP) area north of Interstate Highway 580, south of Dublin Boulevard, east of Donlon Way, and west of San Ramon Road (APN 941 - 1550 - 005 -03) as shown on the vicinity map below: The proposed project is the demolition of a 110,000 square foot office complex and reparcelization of a 6.6 -acre site for the development of 54 small -lot, single - family detached homes and a 14,000 square foot, two -story office building. The Project Site currently is designated Retail /Office under the General Plan /Dublin Village Historic Area Specific Plan and zoned Planned Development. Approximately 5.94 acres would be re- designated as Medium Density Residential, and .61 acres would be reserved for the office building. The Site Development Review addresses both the proposed office building and residential component. Vesting Tentative Map 8160 would subdivide the 5.94 acre area for the 54 units and an internal circulation system. Overall residential density would be approximately 9.09 units per acre. Five floor plans are proposed and would range in size from 2,012 square feet to 3,167 square feet. The three smallest plans would be available in three architectural styles with the two largest plans available in two. ANALYSIS: The following is a brief discussion of the proposed project. The Planning Commission Staff Report dated June 10, 2014 (Attachment 1) includes a detailed analysis of the project. The current request for the proposed Heritage Park project includes the following entitlements: • General Plan /Specific Plan Amendment — To change 5.94 acres from Retail /Office (RO) to Medium Density Residential (MDR) (6.1 to 14.0 units per acre); .61 acres would remain RO. State law limits General Plan amendments to four per General Plan Element per calendar year. In order to avoid amendments in excess of the number permitted by State Law, General Plan amendments for specific projects can be grouped together and adopted by one resolution. Therefore, this proposed General Plan Amendment has been grouped together with the proposed Downtown Dublin Specific Plan General Plan Amendment as Page 2 of 5 a separate item to be heard later on the same agenda and approved with one action (Resolution). All approvals under this agenda item will not be effective until the General Plan Amendment item is approved and effective. Specific Plan amendments are not limited to four per year; however, the proposed Dublin Village Historic Area Specific Plan amendment has been grouped together for action with the companion General Plan amendment. • Planned Development Rezoning — Planned Development Rezone with related Stage 1 and Stage 2 Development Plan. The Planned Development Rezone addresses the plan for a 14,000 square foot office building and 54 single - family detached homes. An Ordinance adopting the Planned Development Rezone is included as Attachment 2 to this Staff Report. • Site Development Review — To construct a 14,000 square foot office building with related site improvements, and a 54 -unit neighborhood of single - family detached homes that includes floor plans and elevations for five separate and distinct residential plans. The homes were designed to specifically incorporate the requirements of the Dublin Village Historic Area Specific Plan Design Guidelines. The landscaping and improvements along Donlon Way have been designed to provide a historic character to the area, to accentuate the design of the homes and enhance the Donlon Way streetscape. A Resolution approving the Site Development Review is included as Attachment 3 to this Staff Report with the Applicant's submittal package included as Exhibit A. • Subdivisions - 1) Parcel Map 10259 to allow the separation of properties for development of residential and commercial uses, and 2) Vesting Tentative Subdivision Tract Map 8160 to allow the subdivision of 54 lots. A Resolution approving the maps is included as Attachment 3 to this Staff Report with the Applicant's submittal package included as Exhibit A. • Development Agreement — Between the City of Dublin and Bates Stringer Ventures for the Heritage Park Project. The Development Agreement provides surety that the City will receive a Community Benefit of $6,000 /unit for a total of $324,000 payable on or before the recordation of the first final subdivision map for the Project. An Ordinance adopting the Development Agreement is included as Attachment 4 to this Staff Report with the Development Agreement included as Exhibit A. • Environmental Impact Report - The Heritage Park EIR analyzed the environmental impacts of the Project, including the proposed demolition and redevelopment to office and residential uses. A Resolution certifying an Environmental Impact Report and Adopting CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the Heritage Park project is included as Attachment 5 with the Draft and Final EIR included as Exhibit A and B. ENVIRONMENTAL REVIEW: The Project is located in the Dublin Village Historic Area Specific Plan area for which a Mitigated Negative Declaration was adopted on August 1, 2006 by Resolution No. 149 -06. The previous environmental analysis was updated for the Project through a project- and site - specific Heritage Park Environmental Impact Report ( "EIR ", SCH # 2013092043). The Heritage Park EIR analyzed the environmental impacts of the Project, including the proposed demolition and Page 3 of 5 redevelopment to office and residential uses and was circulated for a 45 -day public review and comment period. Given the proximity of the Project to the Dublin Historic Park, aesthetics and cultural resources impacts were a particular focus of the EIR. A number of potential impacts were identified, most of which can be mitigated to less than significant. No significant unavoidable impacts were identified in the EIR. Following the public review period, the City prepared a Final EIR containing written responses to all comments received during the public review period, which responses provide the City's good faith, reasoned analysis of the environmental issues raised by the commenters. The Final EIR, which includes the Draft EIR and written responses to comments, is incorporated herein by reference and is available for review in the Planning Division at City Hall during normal business hours. PLANNING COMMISSION REVIEW On June 10, 2014, the Planning Commission held a public hearing on the Heritage Park Project. At the conclusion of the discussion, the Planning Commission recommended that the City Council: 1) Certify an Environmental Impact Report and adopt CEQA Mitigation Findings and a Mitigation Monitoring and Reporting Program, 2) Adopt a Resolution approving General Plan and Dublin Village Historic Area Specific Plan Amendments for the Heritage Park project, 3) Adopt an Ordinance rezoning the Heritage Park project site to PD- Planned Development and approving a related Stage 1 and Stage 2 Development Plan, and 4) Adopt an Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park project. The Planning Commission recommended that the City Council NOT adopt a resolution approving a Site Development Review, Parcel Map 10259 and Vesting Tentative Subdivision Tract Map 8160. The Planning Commission draft meeting minutes are included as Attachment 6 and Planning Commission Resolutions 14 -28, 14 -29, 14 -30, 14 -31, and 14 -32 (without attachments) are included as Attachment 7. NOTICING REQUIREMENTS /PUBLIC OUTREACH A notice of this public hearing was published in the Tri- Valley Times, mailed to all property owners and tenants within 300 feet of the project area boundaries, and all persons who have expressed an interest in being notified of actions related to this project were notified via email. The Staff Report for this public hearing was also available on the City's website. ATTACHMENTS: 1. Planning Commission Staff report dated June 10, 2014 (without attachments) 2. Ordinance rezoning the Heritage Park project site to PD- Planned Development and approving a related Stage 1 and Stage 2 Development Plan 3. Resolution approving a Site Development Review Permit, Parcel Map and Vesting Tentative Subdivision Tract Map 8160 for the Page 4 of 5 Heritage Park Project, with the Applicant's submittal package dated May 7, 2014 as Exhibit A 4. Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park project with the Development Agreement included as Exhibit A 5. Resolution certifying an Environmental impact Report and adopt CEQA Mitigation Findings and a Mitigation Monitoring and Reporting Program for the Heritage Park Project 6. Planning Commission draft meeting minutes dated June 10, 2014. 7. Planning Commission Resolutions 14 -28, 14 -29, 14 -30, 14 -31, and 14 -32 Page 5 of 5 DU�� 19 �' 82 STAFF REPORT PLANNING COMMISSION DATE: June 10, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING - PLPA 2013 -00002 — Heritage Park General Plan /Dublin Village Historic Area Specific Plan Amendments, Planned Development rezoning with a related Stage 1 and Stage 2 Development Plan, Site Development Review, Parcel Map 10259, Vesting Tentative Subdivision Map -Tract 8160, Environmental Impact Report, and Development Agreement for a 6.6 -acre site Report prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The requested project is for the demolition of a 110,000 square foot office complex and reparcelization of a 6.6 -acre site for the development of 54 small lot, single - family detached homes and a 14,000 square foot, two -story office building. The Project Site currently is designated Retail /Office under the General Plan /Dublin Village Historic Area Specific Plan and zoned Planned Development. Approximately 5.94 acres would be redesignated as Medium Density Residential, and .61 acres would be reserved for the office building. The Site Development Review addresses both the proposed office building and residential component, and Vesting Tentative Map 8160 would subdivide the 5.94 acre area for the 54 units and an internal circulation system. Overall residential density would be approximately 9.09 units per acre. Five floor plans are proposed and would range in size from 2,012 square feet to 3,167 square feet. The three smallest plans would be available in three architectural styles with the two largest plans available in two. 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 certify an Environmental Impact Report and Adopt CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the Heritage Park project; 6) Adopt a Resolution recommending that the City Council adopt a Resolution approving General Plan and Dublin Village Historic Area Specific Plan Amendments for the Heritage Park project; 7) Adopt a Resolution recommending that the City Council adopt an Ordinance rezoning the Heritage Park project site to PD- Planned Development and approving a related Stage 1 and Stage 2 Development Plan; 8) Adopt a Resolution recommending City Council adopt a resolution approving a Site Development Review, Parcel Map 10259 and Vesting Tentative Subdivision Tract Map 8160; and 9) Adopt a Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park project. Submitted By Reviewed By Consulting Planner Assistant Community Development Director COPIES TO: Applicant Item 8.2 File Page 1 of 15 C: \Users \agenda \Desktop \4.10 attch 2.doc PROJECT DESCRIPTION: Project Site Heritage Park is located in the southeasterly portion of the Dublin Village Historic Area Specific Plan (DVHASP) area north of Interstate Highway 580, south of Dublin Boulevard, east of Donlon Way, and west of San Ramon Road (APN 941 - 1550 - 005 -03) as shown on the vicinity map below: VICINITY MAP The current General Plan and DVHASP designation is Retail /Office. The project site is located in the Historic Overlay Zoning District and Planned Development Zoning. The project site currently is developed with a two -story walk -up garden office complex of approximately 110,000 square feet built between 1978 and 1981. The project site generally is flat with a gradual slope and drainage towards the east/southeast of the site. A number of large trees, some planted at the time of the site's initial development, are located on the site that are considered Heritage Trees and subject to the City's Heritage Tree Ordinance regarding preservation or removal. The Calaveras Fault runs under the project site from the northeast to the southwest. The existing office buildings and site improvements will be demolished. Adjacent and Surrounding Land Uses: Uses surrounding the proposed Heritage Park Project site include: • To the north — The three properties along Dublin Boulevard include: A gas station at the corner of Dublin Boulevard and San Ramon Road; Frankie, Johnnie and Luigi's Italian restaurant, which shares reciprocal access with the project site; and the historic Green Store building currently used as a church which also shares reciprocal access. • To the south — CalTrans right -of -way associated with the westbound 1 -580 on -ramp from 2of15 San Ramon Road and drainage channel associated with the drainage of Dublin Creek. • To the east — San Ramon Road. • To the west — Donlon Way and the Dublin Historic Center and Park. Current Request The current request for the proposed Heritage Park project includes: • General Plan /Specific Plan Amendment — To change 5.94 acres from Retail /Office (RO) to Medium Density Residential (MDR) (6.1 to 14.0 units per acre); .61 acres would remain RO. • Planned Development Rezoning — Planned Development Rezone with related Stage 1 and Stage 2 Develop Plan. • Site Development Review — To construct a 14,000 square foot office building with related site improvements, and a 54 -unit neighborhood of single - family detached homes. • Subdivisions - 1) Parcel Map 10259 to allow the separation of properties for development of residential and commercial uses, and 2) Vesting Tentative Subdivision Tract Map 8160 to allow the subdivision of 54 lots. • Development Agreement — between the City of Dublin and Bates Stringer Ventures for the Heritage Park Project. • Environmental Impact Report - The Heritage Park EIR analyzed the environmental impacts of the Project, including the proposed demolition and redevelopment to office and residential uses. ANALYSIS: General Plan & Dublin Village Historic Area Specific Plan Amendment The Applicant proposes to amend the General Plan and Specific Plan land uses as follows: TABLE 1: General Plan /Specific Plan Land Uses Existing Proposed Use acres acres RO Retail /Office 6.57 .61 MDR Medium Density Residential 0 5.94 Total 6.55 6.55 3of15 The existing and proposed General Plan and Specific Plan land use designations are shown on the Land Use map, below: PROPOSED LAND USE General Plan and Specific Plan Land Use Designations The requested amendments to the General Plan and DVHASP would require adjustments to various figures, texts, and tables in the General Plan and DVHASP to ensure consistency throughout the documents. A Resolution recommending City Council approval of a General Plan and DVHASP Amendment is included as Attachment 1 with the City Council Ordinance included as Exhibit A. Planned Development Zoning The requested action is a Planned Development (PD) rezone with a related Stage 1 and Stage 2 Development Plan. The PD Rezoning addresses the plan currently proposed for 54 single - family detached units and a 14,000 square foot office building. The proposed Stage 1 and Stage 2 Development Plan includes the following. Please refer to Attachment 2, Exhibit A for the complete Stage 1 and 2 Development Plan. 1. A list of permitted, conditional and accessory uses 2. Site plan 3. Development densities by land use 4. Phasing Plan 5. Master Landscape Plan 6. Grading 7. Development Regulations /Standards 8. Architectural Design Standards 9. Landscape Design Standards 10. Inclusionary Zoning Regulations 4of15 A Resolution recommending that the City Council adopt an Ordinance approving the Planned Development Rezone with related Stage 1 and Stage 2 Development Plan for the Heritage Park project is included as Attachment 2, with the City Council Ordinance included as an Exhibit A. SITE DEVELOPMENT REVIEW The Applicant requests approval to construct a 14,000 square foot office building, 54 single - family detached homes and related site improvements. The following is a discussion of the commercial and residential project components. The project plans are included as Attachment 3. Commercial Parcel The .61 acre area to remain as Retail Office (RO) will be located at the northwesterly corner of the project site separate from the residential development. Development of the site is proposed as a 14,000 square foot, 2 -story office building with an on -site parking area. A beneficial addition and highlight to the historical and cultural character of the project area is the relocation of the Challenge Dairy Products headquarters which will consolidate and relocate from a portion of the existing Heritage Park Office building to the proposed building to be constructed for their use. The Challenge Dairy Products, established in 1911, has a long history with the Dublin community. The two -story office building has been designed to fit into the rural context of the adjacent Historic Center and Kolb Farm Craftsman house. The presence and operations of this company will contribute to the historic character of this district. Site Layout The commercial site would have approximately 86 feet of frontage along Donlon Way. The parking area for this commercial site would be accessible from reciprocal access easements with the adjacent church and restaurant properties along the northerly boundary of the project site (Attachment 3, Page TM04). Reciprocal access has been utilized for these properties since development of the existing office project improvements. The parking area for the proposed commercial building would be shared with the two adjacent properties located north of the project site (Church of Christ and the Frankie, Johnnie and Luigi's restaurant) adjacent to Dublin Boulevard. There is an existing shared parking agreement between the Heritage Office complex, Frankie, Johnny and Luigi's restaurant and the Church of Christ to share the currently established parking spaces and access aisles In conjunction with the proposed project, circulation improvements would be made to the three adjoining properties which currently sharing reciprocal access with the Heritage Park commercial site. Those new improvements would include new parking lot pavement between the restaurant and church, new driveway aprons on Donlon Way and Dublin Boulevard, and parking lot landscaping. No other improvements are proposed for Dublin Boulevard or San Ramon Road. As a shared parking agreement already exists between the three properties the Applicant updated the plan for the proposed reconfiguration of the access and number of parking stalls. This analysis was reviewed by the City Traffic Engineer and was found to be adequate to address the uses currently proposed due to the countercyclical days and hours of operation. The analysis is included as Attachment 4. 5of15 Attachment 3, Sheet L -1.0 of the Landscape plans shows the parking areas. A parking study was prepared for the Heritage Park project which was reviewed and approved by the City's Traffic Engineer. It indicated that a shared parking arrangement could be supported through a shared parking agreement to achieve required parking counts during peak hours of operation. A shared parking agreement will be required as a Condition of Approval. Architecture The low porch roof modulates the scale of the building, and the higher gable roof elements serve as accents on the building elevations. The building entry would be oriented toward the north side of the building and would be accented with a gable end vent detail and a lattice trellis with flowering vines. The building would have conference areas, and an outdoor patio wraps its northwesterly corner. Windows would be multi -paned in keeping with the Craftsman elements. Building materials include a combination of vertical board and batten siding, shingle siding, wood trim, and a river rock stone veneer base creating a strong connection to the ground. The building design, colors and materials are compatible with the architectural style and conform to the Design Guidelines of the DVHASP. All signage would remain subject to the City's Sign Ordinance. Please refer to Attachment 3, Architectural Plans — Office, Pages AO -A3 and CB. Landscape A portion of the existing church /restaurant site is to be disturbed to create additional drive aisles, parking and water quality elements. This area, in addition to the area surrounding the proposed office building, will be heavily landscaped. A building setback from Donlon Way will provide a significant amount of buffering trees and plant material. New accent trees will be planted throughout the commercial /church /restaurant area, further embracing the overall landscape pallet. Please refer to Attachment 3, Landscape Plans, Page L -1.2. Residential Access & Circulation The Heritage Park residential area would be accessible from a private street off Donlon Way shown on the plans as Street A. The circulation system generally loops through the site also to include Streets B, C, D, and E. Site Layout/Plotting The homes are arranged as a traditional neighborhood with front entries oriented towards the street and two -car garage access facing the street in front. A row of seven homes with the largest lots and the largest floor plans faces Donlon Way and the Historic Park and Heritage Center. In order to blend with the Historic structures in the Park across the Street, the Applicant chose to provide larger wider homes fronting Donlon Way to further enhance the historic look of the area and to comply with design parameters in the Dublin Village Historic Area Specific Plan. The homes have garages set further back from the sidewalk. The architecture of these homes are commensurate with the style of home built in a more historic setting and significant landscape features such as unique sidewalks, embellished driveway detail, fences and landscape patterns have all been utilized to further enhance the historic character of the area. The project has been laid out with specific floor plans plotted for each lot based on lot size and maximum coverage requirements. Plans 1, 2, and 3 make up the majority of the project and are all located off Donlon Way but incorporate much of the historic detail embodied on the larger homes fronting Donlon Way. Seismic - As stated above, a geologic feature generally known as the Calaveras Fault has been identified as running under the project site from the northeast to the southwest. Street C within 6of15 the proposed Heritage Park project generally provides a 25 -foot seismic setback on either side of the fault line. Detailed analysis, borings, trenching and calculations were prepared and reviewed by the Public Works Department and their geological consultants who ultimately determined that a 25 foot set back from the fault was appropriate. The Building Official also reviewed all of this data and agreed with the findings. Specific Conditions of Approval have been applied to this project to address the fault line (See Attachment 5, Exhibit A, Conditions of Approval #44, 83 and 84). Landscaping /Streetscape Plan Landscaping - In addition to the classic American architectural styles, this neighborhood is intended to project a traditional single family residential neighborhood by taking advantage of the adjacent park and cultural center, historical buildings, and heritage trees. The landscaping is generous and has been designed to be compatible and complement the architecture as to theme and character of the residential structures. In addition to the stone clad entry pilaster, plantings and hardscape elements are used to create neighborhood identification and an attractive community facade. The driveway entry would be improved with enhanced paving materials. The overall landscape concept and planting plan is shown on Attachment 3, Sheets L -1.0 and L- 1.1 along with the proposed palette of trees and shrubs. All project streets, perimeter sidewalks, interior sidewalks, paths, and common areas are shaded and enhanced by trees and plantings. Each lot would be provided with a street tree. The bio- retention areas along the southerly boundary of the site would be screened with vegetation. Pedestrian circulation is accommodated by a system of sidewalks on both sides of the streets separated from the curb by a landscaped strip. This configuration by is recommended and complies with the streetscape design for the DVHASP. The landscape plans have been prepared to reflect the building footprint of each floor plan. In addition to the overall landscape plan for the neighborhood, a typical landscape /site plan is provided for both interior and corner lots for each of the floor plans. The landscaping for the parkways and the individual lots will be required to conform to the City Water Efficient Landscape Ordinance. The Landscape Plans also indicate the type and styles of walls and fencing that will be used within the project. Low fences with wooden gates would be used along the Donlon Way frontage. Styles are shown on Attachment 3, Sheet L -5 and include: a) decorative wooden fence with wood post and concrete caps, b) brick pilasters with picket gate and fence, and c) brick pilaster with wooden picket gate and hedge. Trellis over the entry walk or driveway are proposed for those lots facing the park. A sound attenuation wall would be constructed for the rear of those properties abutting the CalTrans right -of -way where access is not needed with vines planted to deter graffiti. Tot Lot — A tot lot of approximately 1,860 square feet is shown as an amenity within an area adjacent to the guest parking located at the northerly edge of the project site abutting the adjacent restaurant use along Dublin Boulevard. (See Attachment 5, Exhibit A, Condition of Approval No. 18 and Attachment 3, Alternative Site Plan with Tot Lot, TM08). Streetscape — Streetscape improvements generally are addressed in the landscape plans. New improvements to Donlon Way would remove the existing meandering sidewalk and replace all frontage improvements with those reflecting the streetscape design and character adopted for 7of15 the DVHASP area including a wider parkway, landscaping, bulb out to accept larger trees, and lighting. The existing black walnut trees along Donlon Way are in poor condition, heavily pruned in an effort to keep their limbs from interfering with the overhead utility lines (which will be undergrounded with this project) and are nearing the end of their useful life. The City's arborist evaluated these trees and determined that the majority were not of sufficient quality to keep. However, to mitigate the loss of these trees, the Applicant will make a contribution of $19,000 toward the Orchard in the adjacent Heritage Park. (See Attachment 5, Exhibit A, Condition of Approval No. 16). This figure was based on the arborists estimate as to the trees' value. Additionally, with concurrence from Public Works, the Applicant is proposing to create bulb outs into Donlon Way to provide larger planting areas sized to accommodate larger specimen trees. (See Attachment 3, Landscape Tab, Sheet L -2). This larger area and the larger trees will provide more of a look representative of a project that has been in existence for some time, rather than a new development. This will blend better with the historic nature of the area. The larger planning area will also allow for a better chance for the trees long term survival. Heritage Trees - A number of large mature trees have been identified on the project site and adjacent properties. The proposed project would remove 107 trees, 16 of which are identified as Heritage trees. Thirty trees (30) would be preserved including three Heritage trees all located along the perimeter of the project site. Tree removal is necessary to add additional dirt to the site in order to accomplish proper slope for gravity sewers (DSRSD does not allow pump stations) and proper storm drainage. The on- site trees to be removed cannot be retained due to the need to add additional dirt to the site. A number of Heritage tees and non - Heritage trees on the adjacent restaurant and church site will be preserved regardless of the proposed parking lot improvements for reciprocal access and parking areas. The table on Sheet TM03 of the project plans (Attachment 3) shows the removal of trees from the project. Compliance with the Heritage tree retention and removal program is included as Condition of Approval No. 16. Upon approval of this project, the Applicant would apply for a Heritage Tree Removal Permit in accordance with the requirements of the Heritage Tree Ordinance. Architecture Styles /Elevations Residential - As a concept, the proposed architectural design for all products is based on influences to historic American styles. The proposed architectural styles proposed styles are: (A) Craftsman, (B) American Traditional (Foursquare), (C) Cottage, and (D) American Farmhouse, (E) American Foursquare. • For Plans 1, 2, and 3, the elevations styles are: (A) Craftsman, (B) Traditional, and (C) Cottage. • For Plan 4, the elevation styles are: (C) Cottage and (D) American Farmhouse. • For Plan 5, the elevation styles are: (A) Craftsman and (E) American Foursquare Each style is identified and described with standards for elements such as: 1) roofs, 2) exterior finishes, 3) windows and doors, 4) trim, and 5) accent elements. Roll -up garage doors would be installed specific to each style and coordinated with each color scheme. Each style generally is described as follows: 8of15 (A) Craftsman — This style is evident in the area with the buildings within the historic park. Based on the plotting plan, approximately 18, or one third of the units, would be built in the Craftsman style. Four color and materials schemes (1 — 4) would be available for this style. This style features low pitch gable roofs with gable end details in the form of vertical or horizontal siding. Exterior materials are stucco on the lower levels with a brick stone clad base. Second levels are finished with exterior shingles. Deep front porches are supported with brick or stone -clad columns or tapered cylinders with simple capitals on a brick or stone base for Plan 5. Windows are grouped, and both windows and doors feature heavy trims with multiple glass panes within the upper portions. Corbels and wood trim accent the eaves. (B) Traditional - Roof forms are steeper pitched in hip or gable forms. Exterior materials are stucco on the ground level with horizontal lapsiding on the upper level. Elements are vertical with square columns, thinly louvered porch and balcony railings, and windows flanked by shutters. Louvered vents are used to embellish gable ends. Windows have multiple panes in the upper portions. For Plan 5, the Traditional style is described as Foursquare with narrower columns, symmetrical window panes, narrow vertical wooden railings, and an accent dormer. Three color schemes (5- 8) would be available which would be shared among the American Traditional (Foursquare), and Farmhouse styles. Approximately 18, or one third of the units, would be built in the Traditional or Foursquare style. (C) Cottage — This style features steeply pitched roofs in hip form or gable enhancements. Gables would be embellished with simple gable end vents. Exterior material primarily is stucco. Railings are wooden with cookie - cutter details. Windows grouped in twos or threes and are accented with heavy trim and pot shelves supported with corbels. Accent windows may be round, and doorways may be arched or enhanced with sculpted trim. A bay window with wood paneled base and metal roof over the projection are featured on Plan 3. Two color schemes (9 and 10) would be available for this style. Approximately 16 units or 30% would be built in this style. (D) American Farmhouse — This style is identified by simple gable roof forms. Gable end vents are simple and vertical. Exterior materials are lapsiding with brick accents. Porches feature narrow wooden columns and wooden railings. Windows are singular with symmetrical panes. This style is available only for Plan 4 which features a bay window with a brick —clad base and metal roof over the projection. Only two lots are plotted with this Plan and style. (E) American Foursquare - Roof forms are lower pitched in hip forms. Exterior materials are horizontal lapsiding. Elements are vertical with square columns, thinly louvered porch and balcony railings, and windows flanked by shutters. Windows have multiple panes in the upper portions. For Plan 5, the Traditional style is described as Foursquare with narrower columns, symmetrical window panes, narrow vertical wooden railings, and an accent dormer. Three color schemes (5- 8) would be available All elevations visible from the public right -of -way would be enhanced. Floor Plans Each home is two stories. Floor plans are offered as a three or four - bedroom unit with a number of options for increasing the bedroom count per plan. The ground floor of each unit is 9of15 arranged as a "great room" with open living and kitchen areas. Plans 3, 4, and 5 have dining areas integrated into the "great room." All kitchens have an island, and all but Plan 5 have a walk -in pantry. Plans 1, 2, and 3 may be built with an optional California Room described as an outdoor room with finish surfaces and fireplace. At a minimum, each plan is provided with a ground floor powder room. All plans, except for Plan 1, provide (or provide an option) for a ground floor bedroom with adjacent full bathroom. Plans 1, 2 and 3 offer an optional fireplace in the great room. All plans have a covered front porch. On the second floor, each unit has at least 3 bedrooms and 2 bathrooms, including a master bedroom with en suite bathroom and at least one walk -in closet. Each Master bathroom has dual basins, separate water closet, and separate tub and shower. With exception of Plan 5, all laundry rooms are on the second floor, and all laundry rooms (except for Plan 1) are equipped with a wash basin. Each unit is provided with a 2 -car street - facing garage. Plan 5 has a third enclosed space provided in a tandem arrangement within the garage. All floor plans offer a Universal Design Ordinance (UDO - handicapped accessible) option. Floor plan details are shown in Table 3, below. TABLE 3: Floor Plans Plan Square Feet Bedrooms Bathrooms Parkint4 , Elevations Stories units No., 6/0 1 2,012 sf 3+1 2' /z 2 A, B, & C 2 19 35% 2 2,438 sf 4+1 2'/2 or 3 2 A, B, & C 2 13 24% 3 2,676 sf 4+1 3 2 A, B, & C 2 15 28% 4 3,102 sf 3'/2 2 C& D 2 3 6% (bonus) 3 +1 +1 5 3,167 sf (bonus & 2'/2 +1 3 A & E 2 4 7% library) Total 54 1001/0 Elevations: (A) Craftsman, (B) Traditional , (C) Cottage, and (D) American Farmhouse, (E) American Foursquare. In addition to the features described above, the floor plans are described as follows: Plan 1 — Plan 1 is a 3- bedroom unit with an optional fourth bedroom /den; it is the smallest at 2,012 square feet. In addition to the 2 full bathrooms on the second floor, the ground floor has a powder room or half bathroom. Plan 1 would be constructed on nineteen lots, or 35 %, of the Heritage Park project. Plan 1 is available in three architectural styles and would be situated on the smallest lots. Plan 2 — Plan 2 is 2,438 square feet with 4 bedrooms and a downstairs den off of the entry which optionally may be built out as a fifth bedroom with a full bathroom nearby. A small study /tech area is located near the second floor landing, and the master bedroom would have access to a deck. Thirteen units, or 24% of the lots, would be built with Plan 2 on the intermediate lot size along with Plan 3. Plan 3 — Plan 3 is a 4- bedroom unit with an optional fifth bedroom /loft within 2,676 square feet. A large linen closet is located on the second floor and the master suite provides two 10 of 15 walk -in closets. A full bathroom is located on the ground floor near a den that may be built out optionally as a fifth bedroom. Fifteen units, or 28 %, would be built with Plan 3 on lots comparable in size to Plan 2. Plan 4 — Plans 4 and 5 are the larger units on the larger lots overlooking Donlon Way and the Dublin Historic Center. Plan 4 is 3,102 square feet. The second level bonus room may be built out as a fifth bedroom. The California Room would not be available to Plans 4 and 5. Three of the 7 lots facing Donlon Way would be built as Plan 4 in one of two architectural styles. Plan 5 — Is the largest at 3,167 square feet and, along with Plan 4, would be oriented towards the park. Plan 3 offers a third tandem parking space in the garage. This additional garage area would not have build -out options. However, a downstairs library may be built out as a fourth bedroom with a full bathroom nearby, and an upstairs bonus room may become a fifth bedroom. Plan 5 is laid out with a formal dining area and a butler's pantry. Bedrooms 2 and 3 upstairs each have a walk -in closet and the master suite has two. Parking - As with most single - family detached projects, each unit requires two enclosed parking spaces per unit with one guest space per unit that may be provided curbside on the driveway or in dedicated parking areas. Based on this standard, the residential parking required for the Heritage Park project would be 324 spaces. The enclosed parking requirement is satisfied by the two -car garages provided with each unit for a total of 108 enclosed parking spaces. Guest space parking is satisfied in driveways (where permitted), curbside along internal streets, perpendicular parking in dedicated areas (9 spaces) and along Donlon Way. The location of parking provided is shown on Attachment 3, Sheet TM04. A Resolution recommending that the City Council adopt a Resolution approving the Site Development Review is included as Attachment 5. Affordable Housing//nclusionary Zoning — The proposed Heritage Park project would be subject to Chapter 8.68 of the Zoning Ordinance, Inclusionary Zoning regulations, which requires 12.5% of the units constructed to be provided as affordable or requires payment of an in -lieu fee. The Applicant has proposed to pay an in -lieu fee and that requirement is documented in Attachment 5, Exhibit A, Condition of Approval #15. Public Art Compliance — The proposed project is subject to a Public Art Compliance Report The Public Art Compliance Report and its findings will determine the trigger point by which this project complies with or is exempt from the Public Art program which typically would be satisfied by a public art installation or payment of in -lieu fees. An appropriate Condition of Approval has been included. (See Attachment 5, Exhibit A, Condition of Approval #14). Parcel Map Parcel Map 10259 is necessary to create a parcel for the commercial component of the project and for phasing and sale and leasing purposes only. The Parcel Map would be subject to Conditions of Approval, and the 6.6 acre site initially would be subdivided as follows: 11 of 15 TABLE 4: PARCEL MAP Parcel Acreage A .43 B .19 C 2.98 D 3.00 Total 6.6 Vesting Tentative Tract Map The Vesting Tentative Tract Map (See Attachment 3, Tentative Tract map tab, Sheet TM01) proposes to subdivide the 6.6 acre property into the 54 residential lots, the one commercial retail lot for Challenge Butter as well as various lots for parking, landscaping, Bio- Retention and AT &T access to an existing facility behind the Shell Gas Station. Conditions of Approval are included in the Resolution recommending approval (Attachment 5, Exhibit A). All utilities are available at the property line. All perimeter streets and right -of -way already have been dedicated, and perimeter streets have been improved. Perimeter sidewalks and landscaping would be constructed as part of this project. DEVELOPMENT AGREEMENT 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 proposed Development Agreement addresses the entire 6.6 -acre Heritage Park Project. Development Agreements are approved by an Ordinance of the City Council upon recommendation by the Planning Commission. The proposed Development Agreement was drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on the standard Development Agreements prepared by the City Attorney and adopted by the City Council. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project. The Development Agreement becomes effective for a term of five (5) years from the date of approval by the City Council. The City also benefits from entering into the Development Agreement with the property owner. The Applicant has offered a Community Benefit Payment of $6,000 /unit for a total of $324,000 payable on or before the recordation of the first final subdivision map for the Project creating the residential lots. The Community Benefit Payment will be applied to future investment and development of the City's heritage assets, including but not limited to the Heritage Park and Museums site. The Agreement is a contract that establishes obligations for both parties. In order to ensure that the City receives the community benefit payment under the Agreement, the Project Approvals will not take effect until the Agreement takes effect and is recorded on the Heritage Park Project. A Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park project is included as Attachment 6, with the Ordinance included as Exhibit A and the Development Agreement included as Exhibit B. 12 of 15 CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE The proposed amendments to the General Plan and the Dublin Village Historic Area Specific Plan reflect land uses that are compatible with preservation and restoration of the historic character of the area. The proposed commercial use is intended to serve as the headquarters of a use with a long- standing historic connection to the City of Dublin. The proposed project will contribute to housing opportunities and diversity of product type as a complement to the surrounding neighborhoods. The proposed Stage 1 Planned Development rezoning and proposed Stage 2 Development Plan would be consistent with the requested land use amendments. The proposed project has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan and the Dublin Village Historic Area Specific Plan. The project has been designed to be compatible with adjacent and surrounding development via architectural elevations, site planning and design details and integration with the Historic Park. The Applicant intends to exceed the City of Dublin Green Building Ordinance and will exceed the 50 point threshold in the City's program. In general, the proposed project furthers the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life 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 to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies are included in the Resolution approving Site Development Review and Subdivisions. ENVIRONMENTAL REVIEW: The Project is located in the Dublin Village Historic Area Specific Plan area for which a Mitigated Negative Declaration was adopted on August 1, 2006 by Resolution No. 149 -06. The previous environmental analysis was updated for the Project through a project- and site - specific Heritage Park Environmental Impact Report ( "EIR ", SCH # 2013092043). The Heritage Park EIR analyzed the environmental impacts of the Project, including the proposed demolition and redevelopment to office and residential uses and was circulated for a 45 -day public review and comment period. Given the proximity of the Project to the Dublin Historic Park, aesthetics and cultural resources impacts were a particular focus of the EIR. A number of potential impacts were identified, most of which can be mitigated to less than significant. No significant unavoidable impacts were identified in the EIR. Following the public review period, the City prepared a Final EIR containing written responses to all comments received during the public review period, which responses provide the City's good faith, reasoned analysis of the environmental issues raised by the commenters. The Final EIR, which includes the Draft EIR and written responses to comments, is incorporated herein by reference and is available for review in the Planning Division at City Hall during normal business hours. A Resolution recommending that the City Council certify an Environmental Impact Report and Adopt CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the Heritage Park project is included as Attachment 7 with the Draft and Final EIR included as Exhibit A and B. 13 of 15 PUBLIC NOTICING: 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 also was published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1. Resolution recommending City Council approval of General Plan and Dublin Village Historic Area Specific Plan Amendments for the Heritage Park project, with City Council Resolution attached as Exhibit A. 2. Resolution recommending that the City Council adopt an Ordinance rezoning the Heritage Park project site to PD- Planned Development and approving a related Stage 1 and Stage 2 Development Plan, with Ordinance attached as Exhibit A. 3. Applicant's submittal package dated May 7, 2014 4. Shared Parking Analysis for Heritage Park office /Church /Restaurant Uses by TJKM, Dated September 9, 2013. 5. Resolution recommending that the City Council adopt a Resolution approving a Site Development Review Permit, Parcel Map and Vesting Tentative Subdivision Tract Map 8160 for the Heritage Park Project, with the City Council Resolution included as Exhibit A. 6. Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and Bates Stringer Ventures for the Heritage Park project, with the Ordinance attached as Exhibit A. 7. Resolution recommending that the City Council certify an Environmental impact Report and adopt CEQA Mitigation Findings and a Mitigation Monitoring and Reporting Program for the Heritage Park Project with the City Council Resolution included as Exhibit A. 14 of 15 GENERAL INFORMATION: APPLICANT: The Stringer Company, on behalf of Bates Stringer Ventures 875 Orange Blossom Way Danville, CA 94526 Attn: Scott Stringer PROPERTY OWNER: Office Building: Cranbrook Realty Investment Fund, L.P. 4701 Sisk Road, #101, Modesto, CA 95656 Church: Tri- Valley Church of Christ, a California Non - Profit Corp Tim Bormann /Elder, Rob Liszt/Elder, Jay Wyant/Elder 11873 Dublin Blvd., Dublin, Ca. 94568 Restaurant: Frankie, Johnnie and Luigi Too!, a California Limited Partnership Frank P. D'Ambrosio /General Partner, John V. D'Ambrosio /General Partner, Donald D. D'Ambrosio /General Partner 1282 Hammerwood Ave., Sunnyvale, Ca. 94089 LOCATION: 11875 Dublin Boulevard - The project is located north of Interstate Highway 580, south of Dublin Boulevard, east of Donlon Way, and west of San Ramon Road (APN 941 - 1550- 005 -03) ZONING: Existin — PD and Historic Overlay Proposed — PD- Medium -High Density Residential, PD- Retail /Office and Historic Overlay GENERAL PLAN & DUBLIN HISTORIC AREA SPECIFIC PLAN: Existin — Retail /Office (RO) Proposed — Medium Density Residential (MDR) and Retail /Office (R/O) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY _ Retail /Office and Gas Station, Restaurant, North and PD Parks /Public Recreation AT &T facility, and Historic (south side of Dublin Boulevard) Building used as Church South C -1 Retail /Office Vacant - drainage channel and 1 -580 right -of -way Downtown Dublin Transit Oriented East DDZD (Zoning) District/West Dublin Office /Commercial BART Specific Plan Area (across San Ramon Road) West PD Parks /Public Recreation Park, Heritage Center, and (across Donlon Way) Museum with Historic Buildings 15 of 15 ORDINANCE NO. xx — 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * ** REZONING THE HERITAGE PARK PROJECT SITE TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN PLPA- 2013 -00002 The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Applicant, Bates Stringer Ventures, proposes to demolish an existing 110,000 square foot office complex and develop 54 small lot single - family homes and a two -story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic Area Specific Plan ( "Specific Plan ") area. The project proposes a General Plan and Specific Plan Amendment to change the land use designations on a 5.94 acre portion of the site from Retail /Office (RO) to Medium Density Residential (MDR), and proposes a PD- Planned Development rezoning with Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and a Development Agreement for the entire 6.6 acre site. The proposed development and applications are collectively known as the "Project ". B. The Project site is located at 11875 Dublin Boulevard, west of San Ramon Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580. C. To comply with the California Environmental Quality Act (CEQA), the State guidelines and City environmental regulations, the City prepared an Environmental Impact Report (EIR). D. Following a public hearing on June 10, 2014, the Planning Commission adopted Resolution 14 -28 recommending that the City Council certify the EIR for the project, Resolution 14 -29 recommending approval of the Project General Plan and Specific Plan amendments, and Resolution 14 -30, recommending approval of the Planned Development rezoning and related Stage 1 and 2 Development Plan, which resolutions are incorporated herein by reference and available for review at City Hall during normal business hours. E. A Staff Report, dated July 15, 2014 and incorporated herein by reference, described and analyzed the Project, including the Planned Development rezoning and related Stage 1 and 2 Development Plan, for the City Council. F. On July 15, 2014, the City Council held a properly noticed public hearing on the Project, including the proposed Planned Development rezoning and related Stage 1 and 2 Development Plan, at which time all interested parties had the opportunity to be heard. G. On July 15, 2014, the City Council adopted Resolution 127 -14 certifying the Heritage Park EIR and adopting CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the Project. H. The City Council considered the certified EIR and all above - referenced reports, recommendations, and testimony prior to taking action on the Project. SECTION 2: FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Heritage Park Project Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. 2. Development of the Project under the Planned Development zoning and the related Stage 1 and 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new retail, restaurant, and personal services to residents in an area that has similar uses nearby and is also adjacent to existing and future workplaces and residential neighborhoods. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The Planned Development zoning for the Project and the related Stage 1 and 2 Development Plan will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed site plan has taken into account sensitive adjacencies and will provide a wide range of amenities to the surrounding neighborhoods. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed in that the Project maintains the general character and density of adjacent development. The project site conditions are documented in the certified Environmental Impact Report (EIR), the environmental impacts that have been identified will be mitigated to the greatest degree possible, and the project will implement all adopted mitigation measures. There are no site conditions that were identified in the EIR that will present an impediment to development of the site for the intended purposes. There are no major physical or topographic constraints and thus the site is physically suitable for the type and intensity of the retail commercial center approved through the Planned Development zoning. 3. The Planned Development zoning will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. The Project uses are compatible with surrounding uses. 4. The Planned Development zoning is consistent with the Dublin General Plan, as amended, and the Dublin Village Historic Area Specific Plan, as amended, in that the proposed office and residential uses are consistent with the Retail /Office and Medium Density Residential land use designations for the site. C. Pursuant to the California Environmental Quality Act, the City Council certified an EIR, and adopted CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the 2 Project on July 15, 2014, as set forth in Resolution 127 -14, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours. SECTION 3: ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District: 6.6 acres at 11875 Dublin Boulevard ( "Project site ", or "Property ", APN 941- 1550 -005- 03). A map of the rezoning area is shown below: DUBLIN VILLAGE 1415 I RK", RFA SPECIFIC PLAN EXISTING I I'.` G TONING DUTL�IIr VILLAGE fINT ,°�RyyI y`p��i �.FA d��,4` °��"°IC PLAN SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Project site are set forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1 and 2 Development Plan for the Heritage Park Project This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan set forth in Chapter 8.32 of the Zoning Ordinance and is adopted as part of the Planned Development rezoning for the Heritage Park project, PLPA- 2013 - 00002. The Planned Development District and this Stage 1 and 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 3 1. Statement of Permitted, Conditional and Accessory Uses. PD — Medium Density Permitted Uses • Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance • Combinations of attached or detached dwelling, zero -lot line units, duplexes, townhouses, multi - family dwellings • Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance • Multi - Family Dwelling Unit • Nursing homes for not more than three patients • Single- family Dwelling Unit Conditional Uses • Accessory structures and uses located on the same site as a conditional use • Assisted living facility • Bed and Breakfast inns • Community clubhouse • Community facilities • Hospital in districts requiring not more than fifteen hundred (1,500) square feet of building site area per dwelling unit • Large family day care homes • Medical or residential care facility (7 or more clients) • Mobile home parks, as regulated by the Dublin Zoning Ordinance • Parking lot, as regulated in the Dublin Zoning Ordinance • Plant nursery or greenhouse used only for the cultivation of plant materials (wholesale only) • Public and Semi - Public Facilities C -1 Zoning District Permitted Uses • Automobile /Vehicle Brokerage • Banks and Financial Services • Building Materials Sales • Copying and Blueprinting • Eating and Drinking Establishment • Health Services /Clinics • Office - Professional /Administrative • Parking Lot/Garage — Commercial • Personal Services • Repair Shop • Retail — General • Retail — Neighborhood • School — Commercial • Similar and related Uses • Temporary Uses, and Conditional Uses as found in the C -1 Zoning District of the Dublin Zoning Ordinance, Section 8.12.050. 9 2. Stage 1 and 2 Site Plan. 1 m IIIII _�jJ" nl ., p L63Ge6'AtR1 � " � _ .r.wa.. R SIN(Yt'UIVe CY1P» tlICkK' I u ^.1Vf un � G & &K a�W50 Mk,Y NriaY d. b h�lBkvV cn •w .� �,n -APNV nw auu�c ry, AA 1 w w w raYceera. �i7NY�rp�v � t Vinixv y„r 40 tlW+iCG�» MXe iw.w.:4b. aunt m w ar y v w ww ON imnu.xy- qq ��„„fi�rr aa,, pp�,!rcrc�� (I ry,x}.r r r {y�r yy I `` yy ��yy yylI //��/�yy S5G- Cbti9 -fiY rAmE,LL�I�W ✓i,�M' SUBDIVISI) ��a�A'.°�- ��R l,.�A C 160 a HERITAGE PARK =, S1 IT PLAN 3. Site area, proposed densities. Site Area: 6.60 acres; Density 8.2 du /ac 4. Development regulations. Heritaae Park — Development Reaulations (Commercial: Retail /Office) Land Use Retail /Office Site Requirements Max. FAR 0.8 FAR Max. Lot Coverage 45% Note: Compliance with setbacks and requirement for on -site parking and landscaping still must be satisfied. Min. Lot Size (sq. ft.) 17,850 sf Min. Lot Width (ft.) 85 ft Min. Lot Depth (ft.) 210 ft Landscaping (% of lot) 20% 5 Building Requirements Medium Density Residential - Single Family Detached Setbacks (ft.) Standards Front (To Donlon Way) 20 ft Side (Adjacent to Parking Area) 9 ft Side (Adjacent to Private Street) loft Rear (To Residential Lots)3 25 ft / 70 ft Max. Height (main structure, ft.) 33 ft 55% 55% Parking Requirements Required Provided Church 43 Restaurant 46 Office 46 TOTAL 1354 1174 Notes: 1 Minimum lot size refers to the lot size required to meet the setbacks shown on these development regulations. 2 Percentage of landscaping refers to the landscaping shown on the new commercial lot and does not include any landscaping from the existing church or restaurant. 3 The minimum rear setback will be 25 ft in the interim condition after recordation of the Parcel Map. This distance will increase to 70 ft after the existing building is demolished and the Final Map for the residential lots is recorded. 4 The parking area for the proposed office building is part of a shared parking agreement between the office building, church & restaurant. This shared parking agreement allows each use to take advantage of different primary hours of occupancy to meet their individual parking requirements. Heritage Park — Residential Development Regulations 0 Medium Density Residential - Single Family Detached Standards Plan 1 Plans 2 Plan 3 Plan 4 Plan 5 Minimum Lot Size 2,500 sf 3,200 sf 3,100 sf 4,200 sf 4,200 sf Maximum Coverage' 55% 55% 55% 55% 55% Minimum Frontage 20 ft 19 ft 19 ft 63 ft 63 ft Maximum Building Height 2 -Story (30 ft) 2 -Story (30 ft) 2 -Story (29 ft) 2 -Story (30.5 ft) 2 -Story (29 ft) Setbacks • Front Setback from Donlon Way (Public)' To ground floor living area 9.7 ft 9.7 ft To front porch 8 ft (trellis) 2.7 ft (porch) 4.7 ft (porch) To garage face 23.5 ft 18.8 ft To second floor living area 9.7 ft 9.7 ft • Front Setback from Internal Street (Private)4 To ground floor living area 16 ft 15 ft 9 ft To front porch5 2.9 ft 5 ft 3.5 ft To garage face 13.3 17 ft 14 ft To second floor deck or living area 15 ft 10 ft (deck) 9 ft • Side setback from Private 4 ft 4 ft 4 ft Street To ground level living area 4 ft 4 ft 4 ft 0 To ground level porch or 5 ft 5 ft 4 ft 4 ft 4 ft garage Interior lot line 4 ft 4 ft 4 ft 5 ft 5 ft • Rear Setback To ground floor living area 8 ft 8 ft 8 ft 8 ft 8 ft To California room6 2.5 ft 2.5 ft 2.5 ft n/a n/a Building separation 8 ft 8 ft 8 ft 10 ft 10 ft Required Open Space (Front 300 sf 400 sf 300 sf 550 sf 350 sf Yard) Minimum Private Open Space/Yard Ground Level /Yard 500 sf 600 sf 500 sf 900 sf 800 sf Upper Level /Deck n/a 129 sf n/a n/a n/a Encroachments Side yard 7 7 7 7 7 Rear yard 8 (see rear (see rear yard (see rear yard (see rear yard setback) setback) setback) yard setback) Required Minimum Parking Per unit 2 spaces 2 spaces 2 spaces 2 spaces within 2 spaces within an within an within an an enclosed within an enclosed enclosed enclosed garage enclosed garage garage garage garage Guest? 1 space per 1 space per 1 space per 1 space per unit 1 space per unit unit unit unit NOTES: (1) Excludes porches. (2) Plans 4 and 5, only. (3) Plans 1, 2, and 3, only. (4) Plans 1, 2, and 3, only. California Room not available for Plans 4 and 5. (5) Items such as, but not limited to, air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4 feet in height, media centers, etc. may encroach up to 2 feet into the required setback of one side yard provided a minimum of a 3 -foot wide flat area is maintained for access around the house. (6) California Room fireplace may encroach into rear yard setback. (7) On- street (public or private), in parking bay or on driveway apron. 7 5. Phasing Plan. I Phase 1 1 --- - ----I Phasing M ---------- rAXIF.L. A R F ink a iPl FM A Fl f Phase 2 r�f 6. Preliminary/Master Neighborhood Landscape Plan. W" P"VKM, =M'M A, �M, 0 'Aw KAMM YYMLL "MK=M,AL IC=ALOW..'tMM wwOuw=M,AL C. W�CC.114 ►WWW'"M PMYtii..MM1'CMd' wm M gV�'III/,IIf/`,/�/`1,/, ................... //,, Phase 3 NAAR r�f 6. Preliminary/Master Neighborhood Landscape Plan. W" P"VKM, =M'M A, �M, 0 'Aw KAMM YYMLL "MK=M,AL IC=ALOW..'tMM wwOuw=M,AL C. W�CC.114 ►WWW'"M PMYtii..MM1'CMd' wm M gV�'III/,IIf/`,/�/`1,/, ................... //,, TA. Architectural Standards — Commercial Development. West Elevation North Elevation East Elevation South Plevation flevation T, bAwl", Ilevafiml T Plan I fromi Ne"Itions Huation L IW41r flevatimn A' Nk. rm Elevafion I Up Wmg M WN-115 cm,fA ."M, L." jmdd,ma 1wim"k I,p,uk —,a &., mdo- r.Io .ig.npl � uiMt9- RL,,Imi pffiWNip r "., r. �W- a6 k 10 Etevatknil 1""Olik.9 Ilevatioln 'A' Cwh— Elevation L' Wwp� Plan 3 I'TwIlli H(votiom ylffi—, a—d fl- "Ilk ki'l :wf 4 rIN 9.9, %w Nob r,N* Lip fillgal P116, "M 1,I,Wh W Pull k-, IMIi'd I.M.'at IIM — "I NU 14'. ul6 bo 'Awg Coup, 4w. fi,,Ih afth 6uipxufigaA,61nwA .1", 11kh" phl"d pk'—hxlll &-fi—ah, Elevation Y TC Architectural Standards — Residential Development (Donlon Way Frontage Lots). "Allir klnn Mod -p 11411", lahk plh, '" Olk "0 6P,W -V wish bd, t en tttgareadrv�a.a. "A',ul"Ild'unt flevathol H Wkl. p md- Plan 4 Fvloll rJewliom ['16VIRU011 A UMA, tice�- IbunRxrwo: SAmp(♦rt Katiug nN.�rcr�ad llurc niary,rlm[rn� 6111 "," 'k Ana 6. 9, A.uiux'el Balmtlrmoc &f Wv^omnCv wtlnM1 Aeark mad lulwen. 9mei?rut 1' aur,q— bpofigw 9.1l Ik4 rmrd, ME SralBwa{;us 8. Consistency with General Plan and Specific Plan. The Project is consistent with the General Plan and Dublin Village Historic Area Specific Plan as amended through a companion approval. 9. Inclusionary Zoning Regulations. See Attachment 5, Exhibit A, Condition of Approval No. 15. 10. Aerial Photo. An aerial photo is on file with the Community Development Department. 11. Applicable Requirements of the Dublin Zoning Ordinance. Except as specifically provided in this Stage 1 and 2 Development Plan, the use, development, improvement and maintenance of the property shall be governed by the provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. No development shall occur on this property until a Site Development Review permit has been approved for the property. 12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with all adopted mitigation measures of the Heritage Park EIR. SECTION 5. PRIOR PD ZONING SUPERSEDED Alameda County Ordinance No. 78 -89 establishing the existing PD zoning is superseded as to the Project site. SECTION 6. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this 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. SECTION 7. EFFECTIVE DATE This ordinance shall not take effect until the Development Agreement for the Project takes effect and is recorded on the Property 12 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 19th day of August 2014, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2276877.1 Mayor 13 ORDINANCE NO. XX - 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * ** APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BATES STRINGER VENTURES FOR THE HERITAGE PARK PROJECT PLPA 2013 -00002 THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. RECITALS A. The Applicant, Bates Stringer Ventures, proposes to demolish an existing 110,000 square foot office complex and develop 54 small -lot single family homes and a two -story 14,000 square foot office building on approximately 6.6 acres in the Dublin Village Historic Area Specific Plan ( "Specific Plan ") area. The project proposes a General Plan and Specific Plan Amendment to change the land use designations on a 5.94 acre portion of the site from Retail /Office (RO) to Medium Density Residential (MDR), and proposes a PD- Planned Development rezoning with Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map and Development Agreement for the entire 6.6 acre site. The proposed development and applications are collectively known as the "Project "; related approvals of the applications are collectively known as the "Project Approvals "; and B. The Project site is located at 11875 Dublin Boulevard, west of San Ramon Road; south of Dublin Boulevard; east of Donlon Way; and north of Interstate 580; and C. The Applicant and City desire to enter into a Development Agreement subject to certain terms, including a Community Benefit Payment to the City in the amount of $324,000 to be applied towards future investment and development of the City's heritage assets, and the vesting of the Project Approvals for five years; and D. The California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and E. The Project is located within the Dublin Village Historic Area Specific Plan area for which a Mitigated Negative Declaration was adopted on August 1, 2006 by Resolution No. 149- 06. The previous environmental analysis was updated for the Project through a project- and site - specific Heritage Park Environmental Impact Report ( "EIR ", SCH # 2013092043). The Heritage Park EIR analyzed the environmental impacts of the Project, including this Agreement. The City Council also approved a Mitigation Monitoring and Reporting Program for the Project. No significant unavoidable impacts were identified in the Heritage Park EIR; and F. On June 10, 2014, the Planning Commission adopted Resolution 14 -28 recommending that the City Council certify the EIR, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and G. On June 10, 2014, the Planning Commission held a properly noticed public hearing on the Project, including the proposed Development Agreement, and adopted Resolution 14 -32 recommending that the City Council adopt the Development Agreement, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and H. The City Council held a properly noticed public hearing on the Project, including the proposed Development Agreement, on July 15, 2014 at which time all interested parties had the opportunity to be heard; and I. A Staff Report dated July 15, 2014 and incorporated herein by reference, described and analyzed the Project, including the Development Agreement, for the City Council; and I. The City Council used their independent judgment and considered the staff report, the EIR, and all reports, recommendations and testimony referenced above and adopted Resolution No. 127 -14 certifying the EIR prior to approving the Development Agreement; and J. The City Council has considered the recommendation of the Planning Commission on the Development Agreement, 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. Section 2. FINDINGS AND DETERMINATIONS On the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan; (c) the Dublin Village Historic Area Specific Plan, (d) the EIR, (e) the staff report; (f) information in the entire record of proceedings for the Project, and on the basis of the specific conclusions set forth below, the City Council finds and determines that- 1 . The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, and in the Dublin Village Historic Area Specific Plan in that: (a) the General Plan and Dublin Village Historic Area Specific Plan land use designations, policies, programs and objectives are incorporated into the Development Agreement and not altered by the Development Agreement; and (b) the Project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services. 2. The 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. 3. The 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 Dublin Village Historic Area Specific Plan. 4. The Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer's proposed Project will proceed in accordance with all the programs and policies of the General Plan, Dublin Village Historic Area Specific Plan, and Project Approvals. 2 5. The 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, the Dublin Village Historic Area Specific Plan, and Project Approvals. 6. The Development Agreement complies with the requirements of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code Chapter 8.56 and specifies the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement contains an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process, including all legal fees and costs. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the City Manager 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. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect on the date the Applicant acquires fee title to the Property. 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 19th day of August 2014 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor RECORDING REQUESTED BY: CITY OF DUBLIN ►TJI04i1Y •T eWeI►TAF10Oe City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN 0ZII] THE STRINGER COMPANY FOR THE HERITAGE PARK PROJECT THIS DEVELOPMENT AGREEMENT ( "Agreement" or "Development Agreement ") is made and entered into in the City of Dublin on this day of 2014, by and between the CITY OF DUBLIN, a Municipal Corporation ( "City ") and THE STRINGER COMPANY, a California corporation ( "Developer ") pursuant to the authority of §§ 65864 et 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 ( "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 has the right to purchase certain real property consisting of approximately 6.6 acres of land in the southwest corner of Dublin Boulevard and San Ramon Road, (APN 941 - 1550 - 005 -03) and that is more particularly described in Exhibit A attached hereto and is incorporated herein by reference ( "the Property "). C. 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, a General Plan Amendment, and Dublin Village Historic Area Specific Plan Amendment (Resolution No. , adopted by the City Council on , 2014); a Planned Development rezoning with related Stage 1 and 2 Development Plan (Ordinance , 2014); Site Development Review and Vesting Tentative Tract Map (Resolution 7 , 2014; and this Development Agreement. 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." None of the Project Approvals take effect until the Development Agreement takes effect. D. The proposed project (the "Project ") on the Property includes the demolition of a 110,000 square foot existing office complex known as "Heritage Park," the construction of 54 small -lot single - family homes, and the construction of a two -story 14,000 square foot office building. E. City desires the timely, efficient, orderly and proper development of the Project. F. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan, as amended, and the Dublin Village Historical Area Specific Plan, as amended, and has been 2259764.2 2 reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. G. City and Developer have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project, subject to conditions set forth herein. H. The Project is located within the Dublin Village Historic Area Specific Plan area for which a Mitigated Negative Declaration was adopted on August 1, 2006 by Resolution No. 149 -06. The previous environmental analysis was updated for the Project through a project- and site - specific Heritage Park Environmental Impact Report (SCH # 2013092043), certified by the City Council in Resolution No. -2014 ( "Heritage Park EIR "). The Heritage Park EIR analyzed the environmental impacts of this Agreement. The City Council also approved a Mitigation Monitoring and Reporting Program for the Project. No significant unavoidable impacts were identified in the Heritage Park EIR. I. On , _ 2014, the City Council adopted Ordinance No. _ approving this Development Agreement ( "the Approving Ordinance "). The Approving Ordinance states that it will take effect on the date the Developer acquires fee title to the Property (the "Ordinance Effective 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 Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. Interest of Developer. The Developer has an equitable interest in the Property in that it has the right to acquire the Property for the purpose of developing the Project. Dublin Municipal Code section 8.56.040 specifies that, unless the property owner is party to development agreements, development agreements are "conditional upon the close of escrow vesting fee title to the property in the Developer." Accordingly, the rights and obligations under this Agreement shall become applicable only upon the Developer's acquiring fee title to the Property. 2259764.2 3 3. Relationship of City 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 Developerjoint venturers or partners. 4. Effective Date, Term, and Community Benefit Payment. 4.1. Effective Date. The effective date of this Agreement shall be the Ordinance Effective Date ( "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 pursuant to the provisions of this Agreement. 4.3. Termination on Sale of Individual Lots. Notwithstanding the foregoing Section 4.2, the provisions of this Agreement shall terminate with respect to any individual lot and such lot shall be released from and shall no longer be subject to this Agreement (without the execution or recordation of any further document or the taking of any further action) upon the lot being finally subdivided and sold or leased (for a period longer than one (1) year) to a member of the public or any other ultimate user. City shall cooperate with Developer, at no cost to City, in executing in recordable form any document that Developer (including any successor to the title of the Developer in and to any of the aforedescribed lots) may submit to confirm the termination of this Agreement as to any such lot. 4.4. Community Benefit Payment. The Developer shall provide a Community Benefit Payment of $6,000 per unit, for a total payment of $324,000, payable to the City on or before the recordation of the first final subdivision map for the Project creating residential lots. The Community Benefit Payment will be applied towards future capital improvements related to the Heritage Park and Museums site. This Term survives the expiration of this Agreement. 5. Use of the Property. 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 2259764.2 4 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 or the Specific Plan not 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 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, the provisions for reservation or dedication of land for public purposes, the location and maintenance of on -site and off -site improvements, the 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. Rules Regarding 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 and 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. 5.4. Rules Regarding Design 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 the date of that approval is prior to or after the date of this Agreement. 5.5. Building and Other Codes Applicable. The Project shall be constructed in accordance with the provisions of the 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. 6. Subsequently Enacted Rules and Regulations. 6.1. New Rules and Regulations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations 2259764.2 5 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 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. 6.2. Approval 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. Subsequently Enacted or Revised Fees, Assessments and Taxes. Notwithstanding anything to the contrary contained herein, the Project shall be subject to subsequently enacted or revised fees, assessments and taxes adopted by the City after the Effective Date of this Agreement. Nothing in this Agreement creates a vested right for the Project in the amount or type of fees, assessments and taxes in effect on the Effective Date of this Agreement. 8. Amendment or Cancellation. 8.1. Modification Because of Conflict with State or Federal Laws. The Project and Property shall be subject to state and federal laws and regulations and this Agreement does not create any vested right in state and federal laws and regulations in effect on the Effective Date. 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. 8.2. Amendment by 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. 8.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding Paragraph 8.2, any amendments to this Agreement that 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) the density or intensity of 2259764.2 6 use of the Project; (d) the maximum height or size of proposed buildings; or (e) 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. 8.4. 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. 9. Annual Review. 9.1. Review Date. The annual review date for this Agreement shall be between June 1 and July 1, 2015 and thereafter between each June 1 and July 1 during the Term. 9.2. 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. 9.3. Staff Reports. To the extent 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. 9.4. Costs. Costs reasonably incurred by the City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. 10. Default. 10.1. Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity that 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. 10.2. 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 2259764.2 7 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. 10.3. No Damages Against City. 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. 11. 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. 12. Mortgagee Protection; Certain Rights of Cure. 12.1. Mortgagee 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. 12.2. Mortgagee Not Obligated. Notwithstanding the provisions of Section 12.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to 2259764.2 8 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 the 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. 12.3. Notice of Default to Mortgagee and Extension of Right 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 10.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. 13. Severability. The unenforceability, invalidity, or illegality of any provision, covenant, condition, or term of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 14. 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. 15. Transfers and Assignments. 15.1. Right to Assign. Developer may wish to sell, transfer, or assign all or portions of its Property to another entity (each such other entity 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 2259764.2 9 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. 15.2. Approval and Notice of Sale, Transfer or Assignment. 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, 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. 15.3. Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests, and obligations hereunder pursuant to Paragraph 15.1 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 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. 15.4. Developer's Right to Retain Specified Rights or Obligations. Notwithstanding Paragraphs 15.1 and 15.2 and Paragraph 16, 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 Transferee 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. 16. Agreements Run 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 assigns, representatives, lessees, and all other persons 2259764.2 10 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 servitude 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. 17. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 18. 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. 19. Insurance. 19.1. Public Liability 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 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. 2259764.2 11 19.2. 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. 19.3. Evidence of Insurance. Prior to issuance of any permits for the Project, including grading permits, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 19.1 and 19.2 and evidence that the carrier is required to give the City at least fifteen (15) 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. 20. 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: Scott L. Stringer The Stringer Company 875 Orange Blossom Way Danville, CA 94526 Fax No. (925) 831 -9368 A party may change its address by giving notice in writing to the other party. Thereafter, all notices shall be addressed and transmitted to the new address. 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. 2259764.2 12 21. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 22. 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 23. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. The City shall record a copy of this Agreement within ten (10) days following the Effective Date. [Execution Page Follows] 2259764.2 13 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 in DEVELOPER THE STRINGER COMPANY Chris Foss, Acting City Manager By- Attest- Caroline Soto, City Clerk Approved as to form John Bakker, City Attorney Scott L. Stringer Its: (NOTARIZATION ATTACHED) 2259764.2 14 Exhibit A Legal Description of the Property