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HomeMy WebLinkAbout6.1 The Green Mixed Use Proj GP OF t'� 4(- &2 STAFF REPORT CITY CLERK CITY COUNCIL File#400-20/410-30/420-30/455030500/ DATE: November 4, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: The Green Mixed Use Project — General Plan and Eastern Dublin Specific Plan Amendment, Planned Development Rezone with related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and Supplemental Environmental Impact Report (PLPA-2013-00013) Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The proposed Green Mixed Use Project includes approximately 37,000 square feet of retail and restaurant buildings with associated outdoor seating areas and six residential neighborhoods with 372 units in multiple buildings on a 27.5 acre site. The project includes related surface parking lots, installation of utilities and services, site landscaping, pedestrian plazas, and concepts for the design of identification signs. The current request includes approval of a General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Rezone, Site Development Review for the commercial portion of the project, Vesting Tentative Map, and a Development Agreement. Certification of a Final Supplemental Environmental Impact Report is also being considered. Site Development Review for the residential portion of the project will come at a later date. FINANCIAL IMPACT: None at this time. The costs associated with processing The Green Mixed Use Project are borne by the Applicant. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, and take the following actions: 1 . Adopt the Resolution Certifying an Environmental Impact Report, Adopting Environmental Findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program Under CEQA for The Green Mixed Use Project; 2. Adopt the Resolution Amending the General Plan and Eastern Dublin Specific Plan for The Green Mixed Use Project; 3. Waive the first reading and INTRODUCE an Ordinance Rezoning 27.5 Acres at 5144 and 5344 Martinelli Way to a Planned Development Zoning District and Approving the Related Stage 1 and 2 Development Plan for The Green Mixed Use Project; Page 1 of 9 ITEM NO. 6.1 4. Waive the first reading and INTRODUCE an Ordinance Approving a Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place LLC related to The Green Mixed Use Project-, and 5. Adopt the Resolution Approving Site Development Review (Commercial Buildings only) and Vesting Tentative Map 8203 for The Green Mixed Use Project. Submitted By Reviewed By Community Development Director Assistant City Manager DESCRIPTION Background The project site is vacant and is approximately 27.5 acres in size. It is located at the southwest corner of Hacienda Drive and Martinelli Way. The project site is shown below. Figure 1 - Vicinity Map Z j _ •r'4: - ti Proj ct Site IL_ •. ter_ -..- �i The project site currently has General Plan and Eastern Dublin Specific Plan land use designations of "General Commercial" and is in a Planned Development Zoning District (Ordinance 34-08). The existing Planned Development Zoning District was approved in 2008, and permits the development of a 305,000 square foot commercial center. However, the project was never constructed and a new development concept is being proposed for the site. Page 2 of 9 At the request of the Applicant, Stockbridge/BHV Emerald Place Land Company, on February 5, 2013, the City Council approved the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to consider changing the land use designations for the parcel from "General Commercial" to "Mixed Use" in order to accommodate a future mixed use commercial/residential project on the site (Attachments 1 and 2). When the City Council approved the initiation of the General Plan Amendment Study, Staff was directed to prepare a Fiscal Impact Analysis of the proposed land use change. On September 17, 2013 Staff presented the completed analysis to the City Council for their review and consideration (Attachment 3). The City Council held a Study Session on July 15, 2014. The Study Session was intended to provide the City Council with an overview of the proposed project and an opportunity for Staff and the Applicant to receive City Council feedback and direction on the project and the terms of the Development Agreement. The project design was generally well-received, although City Councilmembers expressed continued reservations about the site converting from commercial uses to a mixed use project that is primarily residential. The City Council provided direction on the terms of the Development Agreement and the provision of affordable housing on the site. A City Council Public Hearing to consider this project was originally scheduled on September 16, 2014. However, the applicant requested a continuance. The public hearing has now been rescheduled and a notice of this public hearing has been provided as further described below. Proiect Proposal The Green Mixed Use project is proposed to include 37,000 square feet of retail and restaurant buildings with associated outdoor dining areas and 372 attached multi-family residential units. The Applicant is currently requesting approval of a General Plan and Eastern Dublin Specific Plan Amendment, Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan, Site Development Review for the commercial portion of the project only, a Vesting Tentative Map to subdivide the entire 27.5 acre site into multiple commercial and residential parcels, a Development Agreement, and certification of a Final Supplemental Environmental Impact Report (Final SEIR). It is anticipated that Site Development Review for the residential component of the project will be brought forward for consideration at a later date. ANALYSIS The analysis below describes the various components of the project. GENERAL PLAN and EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS General Plan Amendments Amendments to the General Plan are necessary in order to ensure the project, as proposed, is consistent with the document. The main amendment to the General Plan is to change the land use designation for the subject parcel from "General Commercial" to "Mixed Use" to enable a combination of commercial and residential uses on the project site. Figure 1-1 (General Plan Land Use Map) shall be amended accordingly. Table 2.2 (Land Use Development Potential: Eastern Extended Planning Area) shall be updated to subtract 27.5 acres from the General Commercial land use category and add 27.5 acres to the Mixed Use land use category. Page 3 of 9 Eastern Dublin Specific Plan Amendments Similar to the General Plan Amendment, Figure 4.1 (Land Use Map) shall be amended to change the land use designation for the subject parcel from "General Commercial" to "Mixed Use". Table 4.1 (Eastern Dublin Specific Plan Land Use Summary) shall be updated to subtract the project acreage from the General Commercial land use category and add the project acreage to the Mixed Use land use category. Table 4.2 (Eastern Dublin Specific Plan Population and Employment Summary) shall be updated to subtract the development potential square footage from the General Commercial land use category and add the development potential square footage and residential population to the Mixed Use land use category. Table 4.3 (Projected Jobs/Housing Balance) shall be updated to include the amended jobs number based on the land use change from General Commercial to Mixed Use. Lastly, Table 4.11 (Hacienda Gateway Subarea Development Potential) shall be updated to subtract the project acreage from the General Commercial land use category and add the project acreage to the Mixed Use land use category. The Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for the project is included as Attachment 4 to this Staff Report. PLANNED DEVELOPMENT REZONE The application includes a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan. A Stage 1 and Stage 2 Development Plan is proposed in accordance with Section 8.32.040 of the Dublin Zoning Ordinance and addresses both the commercial and residential portions of the project. The Stage 1 and Stage 2 Development Plan allows for up to 40,000 square feet of retail commercial development on the project site and up to 400 residential units. This is slightly larger than the proposed project and is the maximum amount of commercial square footage and maximum residential unit intensity studied in the Supplemental Environmental Impact Report for this project. This was done in order to allow the ultimate size of the project to be adjusted slightly as the exact building sizes and locations were determined, assuming all other development standards, including the provision of required parking, could be met. The Stage 1 and 2 Development Plan details the permitted and conditional uses; site development standards, architectural and landscape standards and guidelines; data on site area, proposed densities and maximum amount of development on the project site. Please refer to Attachment 4 for the Stage 1 and Stage 2 Development Plan. The Planned Development Zoning specifies the parking requirements for the overall project site and includes the overall site layout, including parking. Sheet C1 .03 of the Project Plans (Exhibit A to Attachment 5) illustrates the locations of the various parking spaces on the project site for both commercial and residential uses. The Planned Development Zoning requires 2 enclosed parking spaces plus 0.8 guest spaces per residential unit for the residential portion of the project. In order to validate the provision of 0.8 guest parking spaces per residential unit in this Planned Development Zoning District, a parking analysis was prepared by TJKM Transportation Consultants and accepted by the City's Traffic Engineer. Page 4 of 9 The Planned Development Ordinance that includes the Stage 1 and Stage 2 Development Plan is included as Attachment 5 to this Staff Report. SITE DEVELOPMENT REVIEW Site Development Review approval is requested only for the commercial portion of the project site at this time. Site Development Review for the residential portion of the project will follow at a later date. The following is a summary of the key components of the commercial portion of the project associated with the Site Development Review. Overall Project Design The project, as proposed, is designed to include approximately 37,000 square feet of commercial buildings with enclosed outdoor dining areas and related improvements. The full set of Project Plans is included as Exhibit A to Attachment 6 to this Staff Report. The site is oriented to two north-south linear open space elements that include a plaza in the commercial portion of the project and a future common green space in the future residential portion of the project. This open space element, referred to as "The Green," aligns with the main north-south entry into the Persimmon Place commercial development on the north side of Martinelli Way. Site Plan, Access, and Circulation: The project site is bounded by Martinelli Way to the north, Interstate 580 to the south, Arnold Road to the west and Hacienda Drive to the east. The overall orientation of the project is inward to the pedestrian plaza, with seven of the eight commercial buildings forming the core of the project and aligning on the north-south axis of the main project entry. Buildings 100, 200, and 300 are at the northern end of the project site and the other five are centered on The Green. Building 800 sits in the middle of The Green plaza and it provides a visual anchor and buffer between the commercial and residential areas (Attachment 6, Sheet A1 .0.1 of the Project Plans). The main parking field for the commercial portion of the project is near Building 100, but there are also parking areas at the back of Buildings 400-700. Attachment 6, Sheet C1 .03 illustrates the location of the parking areas relative to the commercial buildings. A main drive aisle bisects the site in a north-south direction, connecting to the Persimmon Place entry on the north. This drive aisle serves as the main vehicular and pedestrian access from Martinelli into the project site. The entry off Arnold Road will primarily serve the future residential development, but will also provide access to the commercial buildings. There is also a right-in, right-out driveway providing access to the main commercial parking area between Buildings 100 and 200 along Martinelli Way. New bicycle facilities will be provided along Martinelli Way in the form of a Class I, ten foot wide multi use path and along Arnold Road in the form of a Class II six foot wide, in-street bike lane. Bicycle facilities already exist on Hacienda Drive. Bike lockers as well as conventional bike racks will be provided on site. Pedestrian access to and around the site is illustrated on Attachment 6, Sheet C1 .04 of the Project Plans. The Project Developer will be providing enhanced paving inside the intersection at Martinelli and in the crosswalks north across Martinelli (at Hacienda) and east across Hacienda (at Martinelli). The Developers of the Persimmon Place shopping center are providing enhanced crosswalks that connect both developments to one another. Page 5 of 9 Architecture: The design aesthetic of the commercial buildings offers a modern interpretation of agrarian vernacular architecture that had a place in the Tri-Valley in the early- to mid- 20th century. The look and feel of the commercial district and complementary residential neighborhoods are intended to be a welcome counterpoint to more traditional suburban communities. The buildings are designed to incorporate authentic and rich materials that are employed in their natural state, including heavy use of metal, wood, and glass as the main building materials. The use of stucco is understated and siding is utilized in hues that allow the texture and scale to be prominent. Bold colors are used sparingly, and only as an accent. Features such as different wall planes, heights, wall textures, storefront designs, canopies, trellises, signs, light fixtures, and landscaping contribute layers of detail at the pedestrian level both along the covered pedestrian promenades and in The Green at the center of the commercial district. Comfortable, functional outdoor plazas where people will gather and socialize, with landscaping, outdoor seating, enhanced paving treatment, and other features provide an appropriate urban scale for the center. Sheets A3.0.1 through A3.1 .8 of the Project Plan Set (Exhibit A to Attachment 6) illustrate the color building elevations and material notations for each of the buildings on the project site. The building material and color palette to be utilized throughout the retail center will be provided for Planning Commission review at the public hearing. Parking: The proposed commercial component of the project includes the provision of 299 parking spaces which exceeds the 267 spaces that are required to meet the projected demand based on future uses envisioned for the center, including the enclosed outdoor dining areas that will be provided for the benefit of specific tenants. The remaining (299-267=32) 32 spaces will help to satisfy the guest parking for the future residential component of the project. The parking table is noted on Sheet A1 .0.1 of the Project Plans (Exhibit A to Attachment 6). Landscaping: The project site is focused around a central green and the landscape concept emphasizes the creation of a comfortable pedestrian environment with amenities that complement the architectural vision of the project. With the enhanced paving throughout the commercial areas and generous sidewalks along the main north-south circulation routes that are adorned with street trees and pedestrian-scaled lighting, the project provides a strong pedestrian connection both between the residential and commercial portions of the project as well as with its neighbors to the north, east, and future neighbors to the west. Street trees will be installed along the project perimeter adjacent to the sidewalks within the public right of way. The project perimeter along Interstate 580 will have a six-foot tall wrought iron fence that will eventually be covered in vines and landscaping to help provide a visual buffer between the freeway and the future residential units. Because this area is heavily occupied by a wide variety of utilities, finding locations to plant trees without interfering with underground installations proves difficult. Instead, the fence will be installed and the area will be planted with species that will grow up and through the fence to eventually provide a solid landscape screen without the bulk and starkness of a wall. Page 6 of 9 In addition to the trees provided in the parking lot and along the front of the retail/restaurant buildings, two pedestrian pathways have been designed to provide a travel route between Martinelli Way and the front of the two main buildings. Trees in wells with decorative grates will be planted along these pedestrian pathways. The site has several dedicated outdoor seating areas that are adjacent to future restaurant commercial tenant spaces: at Buildings 100, 200, 300, 400, and 800. These spaces will be activated with tables and chairs, planters, and other outdoor site furniture. The landscape sheets (1-2.0-1-14.0) of the Project Plans (Exhibit A to Attachment 6) provide enlargements of the key areas on the project site, the designs for both the Commercial and Residential Green Plazas, and samples of materials to be utilized in these common open spaces areas. The Resolution approving Site Development Review for the commercial portion of the project is included as Attachment 6 to this Staff Report. VESTING TENTATIVE MAP 8203 The Applicant is requesting to subdivide the three parcels that currently comprise the 27.5 acre project site into 96 parcels: one 5.8 acre commercial parcel, 60 residential parcels with multiple units in each building/parcel, and 35 street/circulation/parking area parcels. There will be a reciprocal parking agreement and reciprocal access agreements between the commercial and residential parcels to ensure that residential guest parking can be accommodated in the commercial parking lots. The proposed Vesting Tentative Map conforms to the City of Dublin General Plan and Eastern Dublin Specific Plan as proposed to be amended, and proposed Stage 1 and Stage 2 Development Plan, subject to the findings and Conditions of Approval. Sheet TM2.01 of the Project Plans (Exhibit A to Attachment 6) illustrates the proposed subdivision of the parcels. The Resolution approving Vesting Tentative Map 8203 is included as Attachment 6 to this Staff Report. 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. Development Agreements are approved by an ordinance of the City Council upon recommendation by the Planning Commission. The proposed Development Agreement (Exhibit A to Attachment 7) applies to the entire 27.5 acre site and was drafted with input from City Staff, the project proponent, and the City Attorney. 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 years with an option to extend for up to five additional years with payment of$200,000 per year the agreement is extended (Development Agreement Section 6). The City also benefits from entering into the Development Agreement with the property owner. Among other things, the Development Agreement regulates the phasing of the project and helps Page 7 of 9 facilitate restaurant users. Under the terms of the Development Agreement Exhibit D, issuance of residential building permits is tied to the completion of the commercial components of the project. Exhibit B of the Development Agreement also requires the Developer to make a community benefit payment of$2,790,000 ($7,500/unit). A portion of these funds will be used to pay the Dublin San Ramon Services District capacity reserve fees for local and regional sewage systems for restaurant users within the Project as an economic development tool to entice restaurant users. The proposed project is subject to the Inclusionary Zoning Regulations (Chapter 8.68 of the Zoning Ordinance) and is required to set aside 12.5% of the units (i.e. 47 units) in the project as affordable units or as otherwise determined by the City Council to satisfy the Inclusionary Zoning Regulations. The Development Agreement Exhibit C specifies the means by which the developer will satisfy this requirement which includes construction of 14 on-site affordable units, payment of $1 ,600,000 as in-lieu fees for 16 affordable units, and the purchase of affordable housing credits to satisfy 17 affordable units. The Ordinance approving a Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place LLC is included as Attachment 7 to this Staff Report. PLANNING COMMISSION REVIEW On August 26, 2014 the Planning Commission held a public hearing on The Green Mixed Use project. The Planning Commission had a robust discussion on the proposed General Plan Amendment from Commercial to Mixed Use, several of the environmental aspects of the project included traffic, air quality, noise, and the proposed project design. At the conclusion of the discussion, the Planning Commission voted 3-2 to adopt five Resolutions recommending approval of the project to the City Council. The August 26, 2014 draft meeting minutes are included as Attachment 8 to the Staff Report and Planning Commission Resolutions 14-47, 14- 48, 14-49, 14-50, and 14-51 (without attachments) are included as Attachment 9. ENVIRONMENTAL REVIEW A Supplemental Environmental Impact Report (SEIR) was prepared to address potential environmental impacts of The Green Mixed Use Project. The Green Mixed Use Project SEIR (SCH# 2013072032) was prepared in accordance with the California Environmental Quality Act (CEQA). The Draft SEIR was released for public review for a 45-day period, from May 7, 2014 to June 23, 2014. Comments were received from six public agencies and interested parties. The comment letters, along with the City's response to those comments, are contained in the Final SEIR. The Draft and Final SEIRs are included as Exhibit A to Attachment 10 of this Staff Report. As required by CEQA, the Final SEIR (that includes the Response to Comments) was sent directly to those agencies that provided comments on the Draft EIR. The SEIR (comprised of the Draft SEIR and Final SEIR) is available for review at City Hall during normal business hours. The documents are also posted on the City's website. The Resolution recommending City Council certification of the Final SEIR is included as Attachment 10 to this Staff Report. Page 8 of 9 NOTICING REQUIREMENTS/PUBLIC OUTREACH A notice of this public hearing was published in the 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 . City Council Staff Report dated February 5, 2013 without Attachments 2. City Council Resolution 09-13 3. City Council Staff Report dated September 17, 2013 4. Resolution amending the General Plan and Eastern Dublin Specific Plan for The Green Mixed Use Project 5. Ordinance rezoning 27.5 acres at 5144 and 5344 Martinelli Way to a Planned Development Zoning District and approving the related Stage 1 and 2 Development Plan for The Green Mixed Use Project 6. Resolution approving a Site Development Review Permit for the Commercial Buildings and Vesting Tentative Map 8203 for The Green Mixed Use Project, with the Project Plans included as Exhibit A 7. Ordinance approving a Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place LLC related to The Green Mixed Use Project, with the Development Agreement included as Exhibit A 8. Draft Planning Commission Meeting Minutes dated August 26, 2014 9. Planning Commission Resolutions 14-47, 14-48, 14-49, 14-50, and 14-51 10.Resolution certifying an Environmental Impact Report, adopting Environmental Findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program under CEQA for The Green Mixed Use Project, with the Draft and Final SEIRs included as Exhibit A Page 9 of 9 STAFF REI ORT CIT'Y CLERK File #420- 0 CITY COUNCIL DATE: February 5, 20113 Td: Honorable Mayor and City Counciilmembers FROM: Joni Pattillo, City Manager � °� SUBJECT': Green on Park. Place General Plan and Eastern Dublin Specific Plan Amendment Study Initiation Request Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council will consider whether to initiate a General Flan and Specific Plan Amendment Study to change bath the General Plan and Eastern Dublin Specific Plan land use designations for 27.45 acres of property at 5144 and 5344 Hacienda Drive from General Commercial to a new Mixed Use land use designation. This item was originally noticed for the December 18, 2012 City Council meeting, and was postponed to this meeting at the Applicant's request. FINANCIAL IMPACT: No financial impact to the City. All casts associated with preparing the General Plan and Specific Plan Amendment Study, if authorized by the City Council, would be borne by the Applicant. RECOMMENDATION: Staff recommends that the City Council either adopt a Resolution approving the initiation of a General Plan and Eastern Dubbin Specific Plan Amendment Study to change the land use designation on approximately 27.45 acres at 5144 and 5344 Hacienda give from General Commercial to a new Mixed Use land use designation; OR adopt a Resolution denying the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to change the land use designation on approximately 27.45 acres at 5144 and 5344 Hacienda Drive from General Commercial to a new Mixed Use land use designation. rJ , o m.. Submitted By Reviewed By Director of Community Development Assistant City Manager DESCRIPTION: StockbridgelBHV Emerald Place Land Company, LLP is requesting City Council consideration to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study on 27.45 acres of property they own at the northwest corner of Hacienda Drive and Interstate 580. Page 1 of 5 ITEM NO. 8,2 The project site is shown in the Vicinity Map below: Figure 1: Project Vicinity I P f S ! I' i F"roposed Dublin SAP/sybase crossings project site r Hacienda 4�� Transit � „ 1 crossings center �� 'I Q A Project � ; Site a� The property currently has a General Plan lend use designation of General Commercial and is entitled for a 808,000 square foot shopping center branded "The Green on Park Place"'. The pr'oje'ct was approved by the City Council in 2008 and consisted of a Stage 2 Planned Development Rezoning, Site Development Review, and approval of a five-year Development Agreement. The Development Agreement vests the project entitlements through December 18, 2013. The current General Plan land use designation for the subject property and the surrounding properties are shown in the figure on the following page.: Page 2 of 5 Figure 2 General Plan Land Use The existing General land Commercial designation t accommodates es a; range of regional- and community-serving retail„ service, and office uses. Campus office Uses anticipated in this designation include, but are not limited toy: retail uses all offi ce uses, hotels, banks, S/Pugauuc F;ecre ion:'; service uses, and restaurants and rather eating and drinking uses. Mixed use projects incorporating o/%/ G rrnp�a Office retain, service, and/o�r office General uses are encouraged, with -. " Cc�rrnercial residential uses also allowed Campus Office as part of the mix when // ;;, �Gemerall +fiilllllllullu o' location and design ensure bra ect site: qi i��� Crr�merc� compatibility. Gtockbriidge/BHV Emerald Place Land Company, LLP S ROAD is requesting that the City Council initiate a General Plan and Eastern Dubbin Specific Plan Amendment Study to examine changing the land use designation for the 27.45 acre parcel from General Commercial to a new Mixed Use designation that would allow medium-high to high-density residential and commercial uses. The Applicant's intent is to design a residential and retail development at this site that includes between 20,000 to 40,000 square feet of commercial retail uses and approximately 450 to 750 dwelling units, depending on product type (Attachment 1 . Staff has concerns with the proposed conversion of this 27.45 acre site from General Commercial to a predominantly residential project with limited retail square footage. Staffs concerns include: 1. Loss of prime commercial real estate on the 1-580 corridor in a key location across the street from an existing regional-serving power center (Hacienda Crossings); . Challenges with locating residential units immediately adjacent to Interstate 580, including the potential for multi-story residential buildings to block visibility of commercial uses and the need to study and mitigate air quality and noise impacts can future residents; .. Impacts to the City's park deficit by adding several hundred new residential units without the corresponding provision of parkland and property designated for semi-public facilities; 4. Adding new residents in lieu of adding new commercial businesses will negatively impact the City's jobs-housing balance; Page 3 of 5 5. Potential pressure to convert other nearby sites (designated Campus Office) to residential uses-, 6. Impacts, to the City's General Fund as a result of adding new residents (and the corresponding cost to provide services) to a prime commercial site that was intended to provide sales tax revenue, services for the community, and employment; and 7. Potential impacts to nearby properties that anticipate developing medium-high and high- density residential uses (i.e. Dublin Crossing, Esprit/Metropolitan site at the Transit Center). Due to the concerns regarding the project's potential impacts noted above, Staff is not supportive of the requested General Plan and Eastern Dublin Specific Plan Amendment Study as currently proposed. However, Staff has prepared draft Resolutions both approving and denying the initiation of a General Plan and Specific Plan Amendment Study for the City Council's consideration. The Resolutions are included with this Staff Report as Attachments 2 and 3. City Staff presented a copy of the request letter (Attachment 1) to the standing Economic Development Committee as an informational item. The Committee expressed concerns about the request as proposed and, more specifically, about the collective reduction in commercial retail square footage in this area beyond what was originally anticipated at 305,000 square feet. If the City Council determines that a General Plan and Eastern Dublin Specific Plan Amendment Study should be initiated, Staff will begin an examination of the concerns noted above and will return to the City Council with a brief fiscal analysis of the proposed project to determine whether those concerns are valid. Once the results of the fiscal analysis are known, the City Council can direct Staff to further process the Amendment Study or conclude the study at that time. If the City Council decides to proceed with the Amendment Study, Staff would then: 1. Determine the associated impacts from the land use change-, 2. Conduct the appropriate level of environmental review and documentation; 3. Perform any additional studies that may be required; and 4. Prepare an analysis of the project for consideration by the Planning Commission and the City Council. Work on the General Plan and Eastern Dublin Specific Plan Amendment Study would be completed concurrently with processing any other entitlements that are requested by the Applicant. Once the General Plan and Eastern Dublin Specific Plan Amendment Study is complete, Staff would then bring the application to the Planning Commission for their recommendation to City Council. The project would then move forward to the City Council for their consideration. NOTICING REQUIREMENTSIPUBLIC OUTREACH: Public noticing is not required to review a request to initiate a General Plan Amendment Study. Although not required, the City mailed notices to all property owners and tenants within 300 feet of the subject property. A notice was also published in the Valley Times and posted in the designated posting places. A copy of this Staff Report was provided to the Applicant. Page 4 of 5 ENVIRONMENTAL REVIEW: Staff recommends that the initiation of the General Plan and Eastern Dublin Specific Plan Amendment Study be found exempt from the California Environmental Quality Act (CEQA) under Section 15306, Class 6 of the State CEQA Guidelines (Information Collection). ATTACHMENTS: 1. Applicant's Request Letter dated Nlovember 16, 2012 2. Resolution approving the initiation of a General Plan and Specific Plan Amendment Study to change both the General Plan and Eastern Dublin Specific Plan land use designations, for 27.45 acres of property at 5144 and 5344 Hacienda Drive from General Commercial to a new Mixed Use land use designation 3. Resolution denying the initiation of a General Plan and Specific Plan Amendment Study to change both the General Plan and Eastern Dublin Specific Plan land use designations for 27.45 acres of property at 5144 and 5344 Hacienda Drive from General Commercial to a new Mixed Use land use designation Page 5 of 5 RESOLUTION NO. 9-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY TO CHANGE THE LAND USE DESIGNATION ON APPROXIMATELY 27.45 ACRES AT 5144 AND 5344 HACIENDA DRIVE FROM GENERAL COMMERCIAL TO A NEW MIXED USE LAND USE DESIGNATION (APNS 986-0033-004-00, 986-0033-005-00, AND 986-0033-006-00) WHEREAS, Stockbridge/BHV Emerald Place Land Company, LLP is requesting that the City Council initiate a General Plan and Eastern Dublin Specific Plan Amendment Study to examine changing the land use designation for the 27.45 acre parcel from General Commercial to a new Mixed Use designation that would allow medium-high to high-density residential and commercial uses; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to change the land use designation on approximately 27.45 acres at 5144 and 5344 Hacienda Drive from General Commercial to a new Mixed Use land use designation. PASSED, APPROVED AND ADOPTED this 5th day of February 2013, by the following vote: AYES: Councilmembers Biddle, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATT T: City Clerk Reso No. 9-13,Adopted 2-5-13, Item 8.2 Page 1 of 1 or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #420-30 DATE: September 17, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo City Manager""'" SUBJECT: "The Green" Fiscal Impact Analysis (PLPA-2013-00013) Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council will receive a status report on the Fiscal Impact Analysis for Regency Centers and The Green, which are two General Plan/Eastern Dublin Specific Plan Amendment studies that are currently underway. When the General Plan Amendment Study was initiated for The Green, the City Council directed Staff to prepare a Fiscal Impact Analysis for their consideration and to determine if the General Plan Amendment Study should continue or be concluded. Staff is requesting the City Council to review the Fiscal Impact Analysis and provide direction on how to proceed with General Plan Amendment Study. FINANCIAL IMPACT: All costs associated with the General Plan/Specific Plan Amendment Study, including the Fiscal Impact Analysis, are borne by the Applicant. Therefore, preparation of this Study does not have a financial impact to the City. RECOMMENDATION: Staff recommends that the City Council receive the status report on the Fiscal Impact Analysis for The Green; and provide direction to Staff and the Applicant on whether the General Plan/Eastern Dublin Specific Plan Amendment Study on The Green should continue or be concluded. Submitted By Reviewed By Director of Community Development Assistant City Manager Page 1 of 4 ITEM NO. 7.1 DESCRIPTION: On February 5, 2013, the City Council initiated a General Plan/Eastern Dublin Specific Plan Amendment Study for 27.45 acres of property at the northwest corner of Hacienda Drive and Interstate 580 owned by Stockbridge/BHV Emerald Place Land Company, LLP. The project site is shown in the Vicinity Map below: Figure 1: Project Vicinity r r r 1 j F rtN Proposed Dublin SAP/Sybase Crossings project � " site d P w Proposed Village @Dublin r Transit i Hacienda Crossings yrd Center �� ' The Green site The property currently has a General Plan/Eastern Dublin Specific Plan land use designation of General Commercial and is entitled for a 305,000 square foot shopping center branded "The Green on Park Place". The project was approved by the City Council in 2008 and consisted of a Stage 2 Planned Development Rezoning, Site Development Review, and approval of a five-year Development Agreement. The Development Agreement vests the project entitlements through December 18, 2013. The existing General Commercial land use designation accommodates a range of regional- and community-serving retail, service, and office uses. On February 5, 2013, Stockbridge/BHV Emerald Place Land Company, LLP received authorization from the City Council to initiate a General Plan Amendment Study to determine whether the land use designation for the 27.45 acre parcel should be changed from General Page 2 of 4 Commercial to Mixed Use in order to allow medium to medium-high density residential and commercial uses. If the City Council were to ultimately approve this change in the land use designation, the Applicant's intent is to design a residential and retail development at this site that includes approximately 40,000 square feet of commercial retail uses, and approximately 400 residential units with a combination of product types. When City Staff presented the General Plan/Specific Plan Amendment request to the City Council on February 5, 2013, the staff report outlined several concerns with the proposed conversion of the site from General Commercial to a predominantly residential project with limited retail square footage. Staff's concerns included the potential fiscal impacts to the City's General Fund as a result of adding new residents (and the corresponding cost to provide services) to a prime commercial site that was intended to provide sales tax revenue, services for the community, and employment opportunities. The City Council initiated the General Plan Amendment Study and directed Staff to prepare a fiscal analysis of the proposed project for consideration in order to determine if the General Plan Amendment Study should proceed. The Fiscal Impact Analysis is complete. Staff is requesting the City Council to review the Fiscal Impact Analysis and provide direction on whether to continue processing the General Plan Amendment Study or conclude the Study. ANALYSIS: The City retained Keyser Marston Associates to conduct an analysis of the fiscal impacts of both the proposed The Green project and the proposed Village @ Dublin Retail Project, which are adjacent to one another. While these are two separate projects, their potential impacts are interrelated. The analysis (Attachment 1) compared the existing land use development potential on each site with the project that is proposed on each site, as follows: The Village @ Dublin site The Green site ............................................................................................................................................................................................ ............................................................................................................................................................................................................................................... Existing GP: Proposed Project: Existing Approvals: Proposed Project: Campus Office Retail Commercial Retail Commercial Mixed Use Center Center ............................................................................................................................................................................................ ............................................................................................................................................................................................................................................... Residential Units 400 ............................................................................................................................................................................................ ............................................................................................................................................................................................................................................... Commercial SF ............................................................................................................................................................................................ ............................................................................................................................................................................................................................................... Grocery 40,000 ............................................................................................................................................................................................ ............................................................................................................................................................................................................................................... Retail/Restaurant 125,000 305,000 40,000 ............................................................................................................................................................................................ ............................................................................................................................................................................................................................................... Office 400,000 With the development potential for each alternative noted above, the Fiscal Impact Analysis concluded that each scenario would be fiscally neutral or better. However, the fiscal benefits of the two scenarios on The Green project site are quite different: The Village @ Dublin site The Green site Existing GP: Proposed Project: Existing Approvals: Proposed Project: Campus Office Retail Commercial Retail Commercial Mixed Use Center Center Estimated Net Annual $69,000 $306,0000 $1,024,000 $279,000 Surplus to General Fund General Fund Impacts of + $237,000 annually - $745,000 annually Proposed Project vs. existing entitlement Page 3 of 4 If The Green site land use designation changes from General Commercial to Mixed Use to allow the development of the residential and commercial project, as proposed, the net annual surplus for the General Fund would be $745,000 less than if the 305,000 square foot commercial project (approved in 2008) were constructed. However, the property owner has indicated that they are unable to build the larger commercial project at this time, and therefore the $1,024,000 General Fund gain would likely not be realized within the next five to ten years. The Mixed Use project, however, could begin development during the FY 2014/2015 and be completed and occupied within two to three years resulting in a near-term increase in General Fund revenue of$279,000 per year. If the Village @ Dublin site land use designation changes from Campus Office to General Commercial to allow the development of the retail commercial center, as proposed, the net annual surplus for the General Fund would be $237,000 more than if an office project were constructed (even with the approved sales tax reimbursement program in place). However, the near-term impact to the General Fund will be an increase of$306,000 per year because there is no proposed office developer or user that is proposing to use the site in the near term, while the development of the retail center is expected to take place during the FY 2014/2015. Staff is seeking direction from the City Council on whether the fiscal impacts that may result from the implementation of The Green project are acceptable, and whether the General Plan/Eastern Dublin Specific Plan Amendment Study for The Green should continue or be concluded. If the City Council direction is to continue the study, the Applicant will continue processing their request for a change to the General Plan and Specific Plan land use designations, a Planned Development Rezoning and related Stage 1 and 2 Development Plan, Tentative Map, Site Development Review, and the appropriate environmental documentation for the Mixed Use project. If the City Council direction is to conclude the study at this time, Staff will cease work on the project and the existing entitlements will remain in place until such time that the Development Agreement expires in December. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing is not required to provide an update to the City Council and to seek policy direction. A copy of this Staff Report was provided to the Applicant. ENVIRONMENTAL REVIEW: None required. ATTACHMENTS: 1. Fiscal Impact Analysis of Regency Centers and The Green, prepared by Keyser Marston Associates, dated August 23, 2013 Page 4 of 4 K L Y S L,R / 'i R ST0,N A S,S : 1 C,III A' IIF ,� ADVISORS M E''LJ1 VO,'✓'I ]UVAI L': KFAL. LS INFE V) Vlvv —4.:"1N"PwhLt�J 1 MEMORANDUM To: Linda Smith, Economic Development Director J',,[A l 1',1', t of ,,.Y, City of Dublin 't FFi rl li.l.f F W.I wl A ,r,., L..,e,y,a."'.?I L 7 L V F IS.C'l l.'•,.0 From: Keyser Marston Associates, Inc. r"11.1_" Date: August 23, 2013 X31 Ii I;I f_ 7 I1:,7= E'l.I D I..K, Ael,I[A IU', Subject: Fiscal Impact Analysis of Regency Centers and Green on Park Place 17"olt kY 11 ,I.",(A H In accordance with your request, Keyser Marston Associates, Inc. (KMA) has evaluated the recurring annual fiscal impacts on the City of Dublin (City) General Fund and Gas Jr�i"4E15 r,,F0,/t�i Q: _lrx4 ,"Y rIG>��9 Tax Fund to be generated by alternative land uses on the Regency Centers and Green 1`l"` " `o on Park Place sites. Changes to the land use designation and zoning of both sites are being considered and the purpose of the analysis is to provide information regarding the potential fiscal implications of the proposed changes. I..fl J` 111".4. I111M II: I',GJf.a v i 4dJe The sites are bounded by Dublin Boulevard, Hacienda Drive, Interstate 580, and Arnold Road. The Regency Centers site is a 14.3-acre parcel adjacent to Dublin Boulevard. The City is considering changing the site's land use designation from Campus Office to General Commercial Campus Office, which would permit the development of a retail center. The Green on Park Place development site is on 27.4 acres south of the Regency Centers site. For this site, the City is considering changing its land use designation from General Commercial to a new Mixed Use land use designation, which would be required for the proposed predominantly residential Green on Park Place project. The following chart summarizes the alternative development programs that have been evaluated for the two sites. Alternative 2 for the Green on Park Place site is the program that is being evaluated in accordance with CEQA. The alternative development programs for the Regency Centers site as well as the "Alternative 1" program for the Green on the Park Place Site have been provided by City of Dublin staff. 160 VAC;I I IC A'V1:NUf"SUITE 204 > SAN FRANC IS .0,CAI F FOR NFA 94111 A� M'Ht.NE,415 398,3050 > FAX 415 397 5065 001-002;jf WNV'V'.KLYSL1:kMARS Lo:bNl O M 11982.005 To: Linda Smith, Economic Development Director August 23, 2013 Subject: Fiscal Impact Analysis of Regency Centers and Green on Park Place Page 2 Regency Centers Site Green on Park Place Site Alternative 2 - Alternative 1 - Alternative 2 - Alternative 1 - permitted under Existing EIR Program; Existing Land Permitted under Proposed Land Land Use New Use Designation Use Designation Designation Proposed Land Development Use Designation Residential Units 400 du Commercial SF 40,000 Grocery Retail Restaurants 35,000 35,000 Other Retail 125,000 270,000 5,000 Office 400,000 400,000 165,000 305,000 40,000 Approach and Key Assumptions Given the lack of detailed programs for three of the four alternatives, this fiscal analysis is intended to provide order of magnitude estimates of the impacts of the development alternatives upon build-out. All impacts are expressed in current, 2013 dollars. Similar to the analysis that KMA prepared of the Dublin Crossing project, the major revenue sources, such as property and sales taxes, have been estimated based on regional home prices and construction costs and sales productivity levels required to support new construction. Other revenues and all service costs have been estimated by applying per capita budget factors derived from the City's budget forecast for FY 2013/14 to each alternative development program. Retail sales tax revenues are a key driver of the positive fiscal impact estimates for the retail-focused alternatives. It is important to note that this analysis examines only rg oss taxable sales of the retail components to be generated upon completion and stabilization. It does not address the source of retail sales to be generated by the retail tenants. Specifically, the analysis does not examine the degree to which the sales will be generated by a transfer of sales from existing Dublin retailers. While transfer sales are new sales to the specific retail tenants, they do not reflect an increase in total sales tax revenues to the city. The analysis does reflect the terms of the "Agreement for the Reimbursement of Sales and Use Tax Revenues between the City of Dublin and Regency Centers." Under that Agreement, a portion of annual City sales tax revenues generated by the Regency Center's Alternative 2 program is to be rebated to Regency Center when annual taxable sales reach $50 million. 001-002;jf 11982.005 To: Linda Smith, Economic Development Director August 23, 2013 Subject: Fiscal Impact Analysis of Regency Centers and Green on Park Place Page 3 The analysis does not include one-time revenues or revenues that are sized and restricted to off-set service costs or impacts, such as building permit revenues or impact fees. Key assumptions incorporated into the analysis are as follows: • That each alternative will be successful and well-received by the marketplace. There may be significant differences in the degree to which the alternatives are feasible from both a market and a financial perspective. The analysis does not address any such differences in feasibility or any differences in the time frame in which the concepts could be supported by the marketplace and built. • That the retail tenants will generate a level of sales that is consistent with standard industry hurdles to support the cost of new construction. • That the office tenants will not generate any use or "business to business" tax revenues. • That police and fire costs reflect citywide per capita averages for employees and residents, and do not include the costs of calls generated by customers in the retail scenarios. • That there are is no additional new public infrastructure that will need to be maintained or any special service requirements for any of the alternatives. The inclusion of infrastructure maintenance costs would likely have a material impact on the magnitude of surplus estimated for each scenario. The technical analysis is presented in the attached detail tables. Order of Magnitude Findings 1. Annual General Fund and Gas Tax Fund Impacts Upon Build-out The analysis indicates that for both sites, the retail alternatives would generate a significant annual surplus to the City of Dublin'. As shown in the chart below, the retail alternative for the Regency Center site is estimated to generate an annual surplus of approximately $535,000 before taking into account the sales tax rebate to Regency Centers and $306,000 net of the rebate 2. Because of its larger size (305,000 s.f), and ' The analysis evaluates only gross taxable sales, not net new taxable sales after deducting any sales that are being transferred from existing Dublin retailers to the new retailers on the subject sites. 2 The $306,000 surplus estimate is net of the sales tax reimbursement to Regency Center. The unadjusted surplus (before the rebate to Regency Center)is estimated to total $535,000. KMA estimates that the 165,000 square foot retail alternative for the Regency Centers site will generate approximately $47.9 million of annual taxable sales upon stabilization, resulting in 001-002;jf 11982.005 To: Linda Smith, Economic Development Director August 23, 2013 Subject: Fiscal Impact Analysis of Regency Centers and Green on Park Place Page 4 the absence of a sales tax sharing agreement, the retail scenario for Green on the Park is estimated to generate an annual surplus in excess of$1.0 million. The office and mixed use alternatives are estimated to generate smaller annual surpluses. The office scenario for the proposed Regency Centers site is anticipated to generate an approximate $69,000 annual surplus and the mixed use alternative (EIR project) for Green on Park Place is estimated to generate a $279,000 annual surplus. Regency Centers Green on Park Place Annual Recurring Alternative 1 Alternative 2 Alternative 1 Alternative 2 Fiscal Impacts 400k SF 165k SF 305k SF 400 du Office Retail Retail 40k SF Retail General Fund Revenues, Before Rebate $453,000 $648,000 $1,251,000 $1,161,000 Expenditures $384,000 $113,000 $227,000 $918,000 Net Annual GF Impact, $69,000 $535,000 $1,024,000 $243,000 Before Rebate Gas Tax Revenue L01 Lo L $36,000 Net Annual Combined City $69,000 $535,000 $1,024,000 $279,000 Surplus, Before Sales Tax Rebate Net Annual Combined City Surplus, After Sales Tax $69,000 $306,000 $1,024,000 $279,000 Rebate 2. Maior Revenue Sources and Expense Categories The most significant sources of General Fund revenues for all of the scenarios are property taxes, sales taxes, and property taxes in lieu of motor vehicle fees. For the office and mixed use alternatives, property taxes are the largest source of revenues. For the retail alternatives, sales taxes alone represent over 70% of all revenues. $479,000 of annual sales tax revenues to the City of Dublin. This projection falls slightly short of the $50 million tax sharing threshold stipulated in the agreement with Regency Center. Under the terms of the agreement, the City reimburses Regency approximately 50% of annual city sales tax revenues generated at a $500,000 threshold. Since the projection is close to the threshold, to be conservative it has been assumed that sharing will occur, and that net City sales tax revenues will be $250,000 rather than $479,000. 001-002;jf 11982.005 To: Linda Smith, Economic Development Director August 23, 2013 Subject: Fiscal Impact Analysis of Regency Centers and Green on Park Place Page 5 The most significant expense components are police and fire department services, and culture and leisure services. These three service categories account for over 85% of City expenditures. Typically, public works department expenses would also be a significant expense category but have not been included in this analysis because of a lack of specificity regarding the public infrastructure of each alternative. If the City is obligated to maintain any new infrastructure, then annual city service costs would exceed the estimates contained in this memorandum, and the magnitude of estimated surpluses would decrease. Technical Tables A series of technical tables are attached: Summary Tables Table 1 Annual Revenue and Expenditure Summary at Build-out Table 2 Alternative Programs Table 3 Alternatives Demographics Table 4 Estimated Assessed Value Table 5 Existing Demographic Data— City of Dublin Table 6 Estimated Annual Alternatives Revenue — General and Gas Tax Funds Table 7 Estimated Household Income Table 8 General Fund Operating Expense Assumptions Table 9 Estimated Annual Alternatives General Fund Expenditures Appendix Tables Appendix 1 Summary of General Fund Revenue Sources —City of Dublin 2013/14 Budget Appendix 2 Summary of General Fund Budget Expenditures —City of Dublin 2013/14 Budget Appendix 3 Commercial Development Cost/Valuation Estimates Appendix 4a Revenue Source Assumptions— Regency Centers Alternative 1 Appendix 4b Revenue Source Assumptions — Regency Centers Alternative 2 Appendix 4c Revenue Source Assumptions —Green on Park Place Alternative 1 Appendix 4d Revenue Source Assumptions — Green on Park Place Alternative 2 001-002;jf 11982.005 Table 1 Annual Revenue and Expenditure Summary at Buildout Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin, CA August 21,2013 Regency Centers Green on Park Place Revenue or Expenditure Alternative 1 Alternative 2 Alternative 1 Alternative 2 Category 400 k SF Office 165 k SF Retail 305 k SF Retail 400 du/40 k SF Ret General Fund Revenues' Property Taxes $290,000 64.0% $117,000 27.9% $236,000 18.9% $604,000 52.0% Sales Tax $59,000 13.0% $250,000 59.7% $910,000 72.7% $313,000 27.0% Property Tax In-Lieu of MVLF $57,000 12.6% $23,000 5.5% $47,000 3.8% $120,000 10.3% Franchise Fees $31,000 6.8% $9,000 2.1% $18,000 1.4% $74,000 6.4% Property Transfer Tax $8,000 1.8% $3,000 0.7% $6,000 0.5% $31,000 2.7% Fines/ Forfeitures/Penalties $3,000 0.7% $1,000 0.2% $2,000 0.2% $6,000 0.5% Prop. 172 Sales Tax $2,000 0.4% $14,000 3.3% $27,000 2.2% $9,000 0.8% Licenses, Permits, and Fees $1,000 0.2% $0 0.0% $1,000 0.1% $4,000 0.3% Business License Tax $2,000 0.4% $2,000 0.5% $4,000 0.3% $0 0.0% $453,000 100.0% $419,000 100.0% $1,251,000 100.0% $1,161,000 100.0% General Fund Expenditures z Police ($165,000) 43.0% ($49,000) 43.4% ($98,000) 43.2% ($396,000) 43.1% Fire ($116,000) 30.2% ($34,000) 30.1% ($69,000) 30.4% ($278,000) 30.3% Culture and Leisure Services ($51,000) 13.3% ($15,000) 13.3% ($30,000) 13.2% ($122,000) 13.3% General Government ($20,000) 5.2% ($6,000) 5.3% ($12,000) 5.3% ($47,000) 5.1% Community Development ($12,000) 3.1% ($4,000) 3.5% ($7,000) 3.1% ($29,000) 3.2% Transportation ($12,000) 3.1% ($3,000) 2.7% ($7,000) 3.1% ($28,000) 3.1% Other Public Safety ($8,000) 2.1% ($2,000) 1.8% ($4,000) 1.8% ($18,000) 2.0% ($384,000) 100.0% ($113,000) 100.0% ($227,000) 100.0% ($918,000) 100.0% Net General Fund Impacts, Before Sales Tax Rebate to Regency $69,000 $535,000 $1,024,000 $243,000 Net General Fund Impacts, After Rebate to Regency $69,000 $306,000 $1,024,000 $243,000 Additional Other Revenues' Gas Tax Fund $0 $0 $0 $36,000 Net General and Gas Tax Fund Revenue, Before Rebate to Regency $69,000 $535,000 $1,024,000 $279,000 Net General and Gas Tax Fund Revenue,After Rebate to Regency $69,000 $306,000 $1,024,000 $279,000 1 Table 6. z Table 9. Prepared by: Keyser Marston Associates, Inc. Page 6 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13; 1 summ; 8/23/2013;jj Table 2 Alternative Programs Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Regency Centers Green on Park Place Alt. 1 Alt.2 Alt. 1 Alt.2 400k SF 165k SF 305k SF 400 du Development Program Office Retail Retail 40k SF Ret Residential Units 1 Condominiums, Wood Podium 160 Townhouses 160 Single Family Detached 80 400 Commercial Square Feet 1 Retail Grocery 40,000 Restaurant 35,000 35,000 General 125,000 270,000 5,000 165,000 305,000 40,000 Office 400,000 Total Commercial 400,000 165,000 305,000 40,000 Site Acres 14.3 14.3 27.4 27.40 Commercial FAR 0.64 0.26 0.26 0.20 Dwelling Units per Acre 17.5 1 Project information per City staff and Green on Park Place Sponsor. Prepared by: Keyser Marston Associates, Inc. Page 7 Filename: \\Sf-fs2\wp\11\11982\005\fiscal 08 21 13; 2 program; 8/23/2013;J Table 3 Alternatives Demographics Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Regency Centers Green on Park Place Alt. 1 Alt.2 Alt. 1 Alt.2 400k SF 165k SF 305k SF 400 du Demographic Measure Office Retail Retail 40k SF Ret Residential Population Condominiums 3.09 perHH 1 1.7% vacant 0 0 0 486 Townhouses 3.09 per HH 1 1.7% vacant 0 0 0 486 Single Family Detached 3.09 perHH 1 1.7% vacant 0 0 0 243 0 0 0 1,215 Commercial Employment Retail Grocery 350 sf/empl Z 0 114 0 0 Restaurant 200 sf/empl Z 0 0 175 175 General 350 sf/empl Z 0 357 771 14 0 471 946 189 Office 250 sf/empl Z 1,600 0 0 0 1,600 471 946 189 Resident Equivalents Residents 1.00 perresident 0 0 0 1,215 Employees 0.33 per empl 533 157 315 63 533 157 315 1,278 1 U.S. Census 2007-2011 American Community Survey 5-Year Estimates. z KMA estimate based on past experience. Prepared by: Keyser Marston Associates, Inc. Page 8 Filename: \\Sf-fs2\wp\11\11982\005\fiscal 08 21 13; 3 proj demog; 8/23/2013;jj Table 4 Estimated Assessed Value Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Regency Centers Green on Park Place Alt. 1 Alt.2 Alt. 1 Alt.2 400k SF 165k SF 305k SF 400 du/40k SF Assessed Value Office Retail Retail Retail unit price 1 Residential Condominiums $672,000 /du $0 $0 $0 $107,520,000 Townhouses $630,000 /du $0 $0 $0 $100,800,000 Single Family Detached $780,000 /du $0 $0 $0 $62,400,000 $676,800 /du $0 $0 $0 $270,720,000 Commercial Retail con. costs+land Z Grocery $320 psf $0 $12,800,000 $0 $0 Restaurant $560 psf $0 $0 $19,600,000 $19,600,000 General $350 psf LO $43,750,000 $94,500,000 $1,750,000 $0 $56,550,000 $114,100,000 $21,350,000 Office $350 psf $140,000,000 $0 $0 $0 $140,000,000 $56,550,000 $114,100,000 $21,350,000 Total Assessed Value $140,000,000 $56,550,000 $114,100,000 $292,070,000 1 Based on unit price estimated provided by Green on Park Place sponsor. z Appendix 3. Prepared by: Keyser Marston Associates, Inc. Page 9 Filename: \\Sf-fs2\wp\11\11982\005\fiscal 08 21 13; 4 AV; 8/23/2013;jj Table 5 Existing Demographic Data-City of Dublin Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21,2013 City of Demographic Measure Dublin Population 1 44,208 Employment Z 20,540 Resident Equivalents 0.33 per employee 51,055 1 State of California, Department of Finance, E-1 Population Estimates for Cities,Counties and the State with Annual Percent Change—January 1,2012 and 2013. Sacramento,California, May 2013. Adjusted based on U.S. Census 2010 Group Quarter/Correctional Facility population: Correctional Facility Population 5,682 z The Nielsen Company,2012. Prepared by: Keyser Marston Associates, Inc. Page 10 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13; 5 extg demog; 8/23/2013;jj Table 6 Estimated Annual Alternatives Revenue-General and Gas Tax Funds Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21,2013 Regency Centers Green on Park Place Alt. 1 Alt.2 Alt. 1 Alt.2 400k SF 165k SF 305k SF 400 du Revenue Source Estimating Factor 1 Office Retail Retail 40k SF Ret Measure Total Assessed Value($1,0005) z $140,000 $56,550 $114,100 $292,070 Residential Assessed Value($1,0005) z $0 $0 $0 $270,720 Commercial Assessed Value($1,0005) z $140,000 $56,550 $114,100 $21,350 Single Family Households 3 0 0 0 400 Retail Employees 4 0 471 946 189 Office Employees 4 1,600 0 0 0 General Retail Square Feet 3 0 125,000 270,000 5,000 Restaurant Square Feet 3 0 0 35,000 35,000 Grocery Retail Square Feet 3 0 40,000 0 0 Office Square Feet 3 400,000 0 0 0 Total Resident Equivalents 4 533 157 315 1,278 Total Residents 4 0 0 0 1,215 General Fund Property Taxes 20.70% share of 1% prop. tax $289,756 $117,041 $236,151 $604,492 Property Tax In-Lieu of MVLF $0.41 1$1,OOOAV $57,449 $23,205 $46,821 $119,850 Property Transfer Tax Residential $0.55 1$1,OOOAV 20% per year $0 $0 $0 $29,779 Commercial $0.55 1$1,OOOAV 10% per year $7,700 $3,110 $6,276 $1,174 $7,700 $3,110 $6,276 $30,953 Sales Tax Spending Measures Non-Prof. Residential Spend per household $0 $0 $0 $31,764 Non-Prof. Retail Empl.Spend per employee $0 $900 $800 $950 Non-Proj. Office Empl.Spend per employee $3,657 $0 $0 $0 Project General Retail Sales persquare foot $270 $270 $270 $270 Project Restaurant Sales persquarefoot $495 $495 $495 $495 Project Grocery Taxable Sales per square foot $342 $342 $342 $342 Taxable Sales Non-Proj. Residential Spend 98.3% occupied 4 $0 $0 $0 $12,489,416 Non-Proj. Retail Empl. Spend $0 $423,900 $756,800 $179,550 Non-Proj.Office Empl. Spend $5,850,880 $0 $0 $0 Project General Retail Sales $0 $33,750,000 $72,900,000 $1,350,000 Project Restaurant Sales $0 $0 $17,325,000 $17,325,000 Project Grocery Retail Sales LO $13,680,000 $0 LO $5,850,880 $47,853,900 $90,981,800 $31,343,966 Total Sales Tax 1.00% sales tax $58,509 $478,539 $909,818 $313,440 Sales Tax Net of Sharing 5 $58,509 $250,000 $909,818 $313,440 Page 11 Prepared by: Keyser Marston Associates, Inc. Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;6 rev;8/23/2013;J Table 6 Estimated Annual Alternatives Revenue-General and Gas Tax Funds Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21,2013 Regency Centers Green on Park Place Alt. 1 Alt.2 Alt. 1 Alt.2 400k SF 165k SF 305k SF 400 du Revenue Source Estimating Factor 1 Office Retail Retail 40k SF Ret General Fund,continued Business License Tax Grocery Retail 1 store $50 perbus $0 $50 $0 $0 Restaurant Retail 5,000 sf per bus $50 perbus $0 $0 $350 $350 General Retail 3,500 sf per bus $50 perbus $0 $1,786 $3,857 $71 Office 10,000 sf per bus $50 perbus L19202 $0 L0 L0 $2,000 $1,836 $4,207 $421 Prop. 172 Sales Tax Taxable Sales see sales tax calculations,above $5,850,880 $47,853,900 $90,981,800 $31,343,966 Tax 0.30 /$1,000 $1,755 $14,356 $27,295 $9,403 Franchise Fees $57.66 per res eq $30,733 $9,053 $18,163 $73,689 Licenses,Permits,and Fees $2.77 per res eq $1,477 $435 $873 $3,542 Fines/Forfeitures/Penalties $5.03 per res eq $2,682 $790 $1,585 $6,431 Total General Fund Revenue $452,060 $419,826 $1,251,188 $1,162,222 Gas Tax Fund $29.46 per resident $0 $0 $0 $35,799 Total General and Gas Tax Fund $452,060 $419,826 $1,251,188 $1,198,021 1 See Appendicies 4a,4b,4c,and 4d. 3 See Table 2. 2 See Table 4. 4 See Table 3. 5 The City of Dublin and Regency Centers have entered into an Agreement for Reimbursement of Sales and Use Tax Revenue. Under the agreement,if taxable sales exceed$50 M (annual City sales tax exceeds$500,000)and are not attributable to businesses relocated from elsewhere in Dublin, Pleasanton,or Livermore,annual city sales taxes will be shared according to a set schedule approximating 50%/50% sharing.Total cumulative sales tax shared is not to exceed$3.15 M over 10 years. KMA estimates that annual taxable sales will be slightly less than the$50 million threshold under Alternative 2,generating approximately$479,000 of annual sales tax revenues to the City. Because this amount is so close to the sharing threshold, in order to provide a conservative projection, it has been assumed that sharing will tax place,and that net City sales tax revenues will be$250,000. Page 12 Prepared by: Keyser Marston Associates, Inc. Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;6 rev;8/23/2013;jj Table 7 Estimated Household Income Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Housing Expenditure Factor Unit Value 1 $676,800 Mortgage Term Z 30 years Interest Rate Z 5.5% /year Down Payment Z 20% down Annual Housing Payment $36,900 /year Housing Expenditure %of Income Z 25% income Annual Household Income $147,600 1 Table 4. z Based on typical mortgage terms and housing expenditures in the Bay Area with additional interest margin to allow for growth in interest rates above current rates,which are at historically low levels. Prepared by: Keyser Marston Associates, Inc. Page 13 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 137 HH inc; 8/23/2013;jj Table 8 General Fund Operating Expense Assumptions Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Government $7,554,560 net expenses in FY 2013/14 1 25% percent variable costs Z 51,055 resident equivalents 3 $36.99 average cost per resident equivalent Police $15,816,610 net expenses in FY 2013/14 1 51,055 resident equivalents 3 $309.80 average cost per resident equivalent Fire $11,107,860 net expenses in FY 2013/14 1 51,055 resident equivalents 3 $217.57 average cost per resident equivalent Other Public Safety $718,770 net expenses in FY 2013/14 1 51,055 resident equivalents 3 $14.08 average cost per resident equivalent Transportation $2,252,060 net expenses in FY 2013/14 1 50% percent variable costs Z 51,055 resident equivalents 3 $22.06 average cost per resident equivalent Health and Welfare This department is operated on a cost recovery basis and generates no net expenditures. Culture and Leisure Services $6,478,070 net expenses in FY 2013/14 1 75% percent variable costs Z 51,055 resident equivalents 3 $95.16 average cost per resident equivalent Community Development $2,316,220 net expenses in FY 2013/14 1 50% percent variable costs Z 51,055 resident equivalents 3 $22.68 average cost per resident equivalent 1 See Appendix 2. z A portion of these General Fund expense categories is fixed,and does not vary regardless of the amount of development. The estimated percent of variable costs is based on the experiences of other cities. 3 See Table 5. Prepared by: Keyser Marston Associates, Inc. Page 14 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13; 8 exp assumptns; 8/23/2013;jj Table 9 Estimated Annual General Fund Expenditures Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Regency Centers Green on Park Place Alt. 1 Alt.2 Alt. 1 Alt.2 400k SF 165k SF 305k SF 400 du Expenditure Office Retail Retail 40k SF Ret resident equivalents 1 533 157 315 1,278 Estimating Factor Z General Government $36.99 per reseq $19,717 $5,808 $11,653 $47,276 Police $309.80 per reseq $165,122 $48,638 $97,586 $395,921 Fire $217.57 per reseq $115,964 $34,158 $68,534 $278,052 Other Public Safety $14.08 per res eq $7,504 $2,210 $4,435 $17,992 Transportation $22.06 per reseq $11,756 $3,463 $6,947 $28,187 Culture and Leisure Services $95.16 per reseq $50,722 $14,941 $29,977 $121,619 Community Development $22.68 per reseq $12,090 $3,561 $7,145 $28,990 Total General Fund Expenditures $382,875 $112,779 $226,277 $918,038 1 See Table 3. z See Table 8. Prepared by: Keyser Marston Associates, Inc. Page 15 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13; 9 exp; 8/23/2013;jj Appendix 1 Summary of General Fund Revenue Sources' Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21,2013 Forecast FY 2013-2014 Revenue Category Budget Basis of KMA Projections Included in the Analysis Taxes Current Property Taxes estimated development value,City sh.of 1%tax Secured $18,203,730 Unsecured $1,164,000 Supplemental $450,000 $19,817,730 Prior Property Taxes Secured $280,000 Unsecured $5,000 $285,000 In Lieu Property Tax $3,667,000 MVLF share from SOC Property Tax Penalties $118,800 Property Transfer Tax $451,500 est.devel.value and turnover rate,City tax rate Transient Occupancy Tax(Hotel) $875,000 est. project room nights and rates,City tax rate Sales Tax est. project sales,empl.and resid.spending Sales and Use Tax $11,475,000 In Lieu Sales Tax $3,825,000 $15,300,000 Franchise Taxes resident equivalents Electric—Franchise Tax $463,500 Gas—Franchise Tax $105,300 Garbage—Franchise Tax $1,700,000 Cable—Franchise Tax $675,000 $2,943,800 Intergovernmental Revenues Property Tax Relief(HOPTR) $183,620 included in the property taxes $183,620 Licenses,Permits, Franchises Business Licenses $139,000 City business license schedule Business License Penalties $2,500 (originally under Fines, Forfeitures,and Penalties) $141,500 Fines,Forfeitures,and Penalties resident equivalents Other Court Fines $60,000 Parking Citations $52,910 $256,910 Total Revenue Included $44,040,860 Deducted from Service Costs Licenses,Permits, Franchises Police Licenses $19,380 deduct from Police Services Prepared by: Keyser Marston Associates, Inc. Page 16 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-1 budget rev;8/23/2013;jj Appendix 1 Summary of General Fund Revenue Sources' Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21,2013 Forecast FY 2013-2014 Revenue Category Budget Basis of KMA Projections Animal Licenses $5,600 deduct from Animal Control Fire Permits $52,980 deduct from Fire Services Planning Permits $52,740 deduct from Community Development Department Building Permits $2,215,280 deduct from Community Development Department Construction and Demo Permits $56,400 deduct from Community Development Department Newspaper Rack Permits $3,240 deduct from Community Development Department Encroachment/Transportation Permits $49,120 deduct from Engineering Grading $3,280 deduct from Engineering $2,458,020 Charges for Services Police Charges for Services $60,730 deduct from Police Services Fire Charges for Services $126,310 deduct from Fire Services Waste Management Administration Fee $670,000 deduct from Waste Management Sale of Documents $3,700 deduct from Administrative Services Recreation&Community Services $1,727,160 deduct from Parks and Community Services Programs Heritage&Cultural Arts $276,440 deduct from Heritage and Cultural Arts Programs Local Share Permit Surcharge—Green Building $720 deduct from Community Development Department Zoning/Planning $852,550 deduct from Community Development Department Plan Checking—Building $2,600 deduct from Community Development Department PlanChecking—Engineering $1,123,020 deduct from Engineering Local Share Permit Surcharges—Zone 7/SMIP $10,900 deduct from Community Development Department $4,854,130 Use of Money&Property Field&Court Rentals $190,690 deduct from Parks and Community Services Programs Facility Rentals $275,260 deduct from Parks and Community Services Programs $465,950 Total Deducted from Service Costs $7,778,100 Prepared by: Keyser Marston Associates, Inc. Page 17 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-1 budget rev;8/23/2013;jj Appendix 1 Summary of General Fund Revenue Sources' Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21,2013 Forecast FY 2013-2014 Revenue Category Budget Basis of KMA Projections Excluded from the Analysis Charges for Services Building Use Insurance $16,000 Santa Rita Services $820,000 $836,000 Use of Money&Property independent of project Interest $652,160 Leased Property $64,800 $716,960 Other Revenues Reimbursement,General $24,570 Reimbursement, Damage $19,370 Community Benefit Payments $1,488,050 Contributions/Donations/Sponsorships $67,650 Miscellaneous Revenue $53,080 $1,652,720 Total Excluded $3,205,680 TOTAL—GENERAL FUND $55,024,640 For funding City departmental services Prepared by: Keyser Marston Associates, Inc. Page 18 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-1 budget rev;8/23/2013;jj Appendix 2 Summary of General Fund Budget Expenditures 1 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Forecast FY 2013-2014 Expenditure Category Budget General Government City Council $382,900 City Manager/City Clerk $1,372,890 Elections $3,120 Central Services/ Human Services $511,230 Insurance $1,018,660 Legal Services $715,930 Administrative Services $2,228,520 (Less) Sale of Documents ($3,700) $2,224,820 Building Management $853,130 Non-Departmental $471,880 Total General Government $7,558,260 Net General Government $7,554,560 Public Safety Police Services $15,896,720 (Less) Police Licenses ($19,380) (Less) Police Charges for Services ($60,730) ($80,110) $15,816,610 Fire Services $11,287,150 (Less) Fire Permits ($52,980) (Less) Fire Charges for Services ($126,310) ($179,290) $11,107,860 Disaster Preparedness $171,950 Crossing Guards $111,890 Animal Control $416,410 (Less)Animal Licenses ($5,600) $410,810 Traffic Signals and Street Lighting $24,120 Total Public Safety $27,908,240 Net Public Safety $27,643,240 Prepared by: Keyser Marston Associates, Inc. Page 19 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-2 budget exp; 8/23/2013;jj Appendix 2 Summary of General Fund Budget Expenditures 1 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Forecast FY 2013-2014 Expenditure Category Budget Transportation Public Works Administration $958,870 Street Maintenance $20,770 Street Sweeping $162,470 Street Landscape Maintenance $980,130 Street Tree Maintenance $129,820 Total Transportation $2,252,060 Net Transportation $2,252,060 Health and Welfare Waste Management $159,840 (Less)Waste Management Administration Fee ($670,000) ($510,160) Environmental Programs $233,940 Social Services $196,480 Housing Programs $210 Total Health and Welfare $590,470 Net Health and Welfare ($79,530) Culture and Leisure Services Community Cable Television $87,150 Library Services $579,420 Park Maintenance $2,775,830 Heritage and Cultural Arts Programs $1,003,310 (Less) Heritage &Cultural Arts ($276,440) $726,870 Parks and Community Services Programs $4,138,060 (Less) Recreation &Community Services ($1,727,160) (Less) Field &Court Rentals ($190,690) (Less) Facility Rentals ($275,260) ($2,193,110) $1,944,950 Park and Facility Development $363,850 Total Culture and Leisure Services $8,947,620 Net Culture and Leisure Services $6,478,070 Prepared by: Keyser Marston Associates, Inc. Page 20 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-2 budget exp; 8/23/2013;jj Appendix 2 Summary of General Fund Budget Expenditures 1 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Forecast FY 2013-2014 Expenditure Category Budget Community Development Community Development Department $4,150,790 (Less) Planning Permits ($52,740) (Less) Building Permits ($2,215,280) (Less) Construction and Demo Permits ($56,400) (Less) Newspaper Rack Permits ($3,240) (Less) Local Share Permit Surcharge—Green Building ($720) (Less)Zoning/ Planning ($852,550) (Less) Plan Checking—Building ($2,600) (Less) Local Share Permit Surcharges—Zone 7/SMIP ($10,900) ($3,194,430) $956,360 Engineering $1,892,540 (Less) Encroachment/Transportation Permits ($49,120) (Less) Grading ($3,280) (Less) Plan Checking—Engineering ($1,123,020) ($1,175,420) $717,120 Economic Development and Public Information $642,740 Total Community Development $6,686,070 Net Community Development $2,316,220 Total Operating Expenditures $53,942,720 Appropriations to Reserves $58,289 Total General Fund Expenditures $54,001,009 Expenditures Net of Off-Setting Revenues $46,222,909 Cost recovery items(negative amounts)are from revenue items listed on Table A-1. Prepared by: Keyser Marston Associates, Inc. Page 21 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-2 budget exp; 8/23/2013;jj Appendix 3 Commercial Construction Cost/Assessed Valuation Estimates Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21,2013 General Commercial Cost Element Grocery Retail Office Restaurant Construction Costs i $170.00 $200.00 $300.00 $405.00 Land Cost Cost per Square Foot of Land 2 $30.00 $30.00 $30.00 $30.00 Floor Area Ratio 0.20 0.20 0.64 0.20 Land Cost per Building Square Foot $150.00 $150.00 $46.72 $150.00 Est.Assessed Valuation, Per GBA $320.00 $350.00 $350.00 $560.00 1 Marshall &Swift Valuation Service. z KMA estimate. Prepared by: Keyser Marston Associates, Inc. Page 22 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-3 M&S cost; 8/23/2013;jj Appendix 4a Revenue Source Assumptions-Regency Centers Alternative 1 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund Property Tax 1% property tax assessment 20.70% City share of property tax allocation post-ERAF 1 Property Tax In-Lieu of MVLF $2,278,846 property tax based revenues 2004-05 2,3 $5,553,452,954 2004-05 Dublin gross AV 2,3 $0.41 per$1,000 in AV growth Property Transfer Tax $0.55/$1,000 AV City transfer tax rate 4 20.00% estimated annual ownership residential turnover 5 10.00% estimated annual commercial turnover 5 Sales Tax 1.00% of taxable sales Resident Retail Spending $147,600 estimated household income 6 26.9% income spent on taxable sales in Bay Area 7 80.0% Dublin caputure rate 8 0.0% Dublin spending within the project 5 $31,764 annual other Dublin spending per owner household Retail Employee Retail Spending $25.00 potential weekly spending per employee 5 50 weeks at work per year 5 $1,250 annual spending per employee 80% Dublin capture 5 0% employee Dublin spending within the project 5 $1,000 annual other Dublin spending per employee Office Employee Retail Spending $91.42 potential weekly spending per employee 9 50 weeks at work per year 5 $4,571 annual spending per employee 80% Dublin capture 5 0% employee Dublin spending within the project 5 $3,657 annual other Dublin spending per employee Prepared by: Keyser Marston Associates, Inc. Page 23 Filename:\\Sf-fs2\wp\11\1 1982\005\fiscal 08 21 13;A-4a rev assumptns-regency 1; 8/23/2013;jj Appendix 4a Revenue Source Assumptions-Regency Centers Alternative 1 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund,continued Sales Tax, continued General Retail $375 total sales PSF 5 80% taxable sales 5 10% vacany rate 5 $270 total taxable general retail sales PSF Grocery Retail $854 total sales PSF 10 40% percent taxable 5 $342 total taxable grocery sales PSF Restaurant $550 total sales PSF 5 100% taxable sales 5 10% vacany rate 5 $495 total taxable sales, restaurant space PSF Business License Tax $50 per business 4 1 grocery store 3,500 sf per business for general retail 5 10,000 sf per business for office building 5 Prop. 172 Sales Tax $0.005 statewide 1/2 cent sales tax 11 6% average allocation to cities 11 $0.300 Dublin revenue per$1,000 spent Franchise Fees $2,943,800 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $57.66 per resident equivalent Licenses, Permits, and Fees $141,500 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $2.77 per resident equivalent Fines/ Forfeitures/ Penalties $256,910 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $5.03 per resident equivalent Other Revenue Gas Tax Fund $1,302,550 revenues in FY 2013/14 14 44,208 residents 13 $29.46 per resident Prepared by: Keyser Marston Associates, Inc. Page 24 Filename:\\Sf-fs2\wp\11\1 1982\005\fiscal 08 21 13;A-4a rev assumptns-regency 1; 8/23/2013;jj Appendix 4a Revenue Source Assumptions-Regency Centers Alternative 1 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Notes: 1 Alameda County Auditor-Controller Agency Tax Analysis Property Reports,51322AABB Calculation of Revenue Percentages in Tax Rate Areas (County website). z Per SB 1096,growth of property tax in lieu of VLF is proportional to growth in AV since 2004/05. Before 2004/05,VLF was distributed in proportion to population. 3 2004/05 VLF distribution per the California State Controller's Office. 4 Per Dublin Municipal Code. s KMA assumption. e See Table 7. State Board of Equalization Taxable Sales in California Report by Type of Business for Cities and Counties,2011; US Census,American Community Survey,2007-2011 5-Year Estimates. $ Estimate based on CA Board of Equalization taxable sales and household spending potential. 9 Based on employee food and goods and services spending in the vicinity of the office,as reported in the ICSC report, "Office-Worker Retail Spending in a Digital Age" (2012),for suburban workers. 10 Supermarkets Industry Statistical Data-by U.S. Business Reporter FY 2011. Data used are for similar stores to those anticipated at the site. 11 Per California City Finance website-The Proposition 172 1/2 Cent Sales Tax: Background for League of California Cities 2005 Annual Conference Resolution#7. lz See Appendix 1. 13 See Table 5. 14 Per City of Dublin 2013-2014 Operating Budget. Prepared by: Keyser Marston Associates, Inc. Page 25 Filename:\\Sf-fs2\wp\11\1 1982\005\fiscal 08 21 13;A-4a rev assumptns-regency 1; 8/23/2013;jj Appendix 4b Revenue Source Assumptions-Regency Centers Alternative 2 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund Property Tax 1% property tax assessment 20.70% City share of property tax allocation post-ERAF 1 Property Tax In-Lieu of MVLF $2,278,846 property tax based revenues 2004-05 2,3 $5,553,452,954 2004-05 Dublin gross AV 2,3 $0.41 per$1,000 in AV growth Property Transfer Tax $0.55/$1,000 AV City transfer tax rate 4 20.00% estimated annual ownership residential turnover 5 5.00% estimated annual commercial turnover 5 City Sales Tax 1.00% of taxable sales less rebate to Regency Centers6 Resident Retail Spending $147,600 estimated household income 7 26.9% income spent on taxable sales in Bay Area 8 80.0% Dublin caputure rate 9 5.0% Dublin spending within the project 5 $30,175 annual other Dublin spending per owner household Retail Employee Retail Spending $25.00 potential weekly spending per employee 5 50 weeks at work per year 5 $1,250 annual spending per employee 80% Dublin capture 5 10% employee Dublin spending within the project 5 $900 annual other Dublin spending per employee Office Employee Retail Spending $91.42 potential weekly spending per employee i0 50 weeks at work per year 5 $4,571 annual spending per employee 80% Dublin capture 5 10% employee Dublin spending within the project 5 $3,291 annual other Dublin spending per employee Prepared by: Keyser Marston Associates, Inc. Page 26 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4b rev assumptns-regency 2; 8/23/2013;jj Appendix 4b Revenue Source Assumptions-Regency Centers Alternative 2 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund,continued Sales Tax, continued General Retail $375 total sales PSF 5 80% taxable sales 5 10% vacany rate 5 $270 total taxable general retail sales PSF Restaurant Retail $550 total sales PSF 5 100% taxable sales 5 10% vacany rate 5 $495 total taxable general retail sales PSF Grocery Retail $854 total sales PSF 11 40% percent taxable 5 $342 total taxable grocery sales PSF Business License Tax $50 per business 4 1 grocery store 3,500 sf per business for general retail 5 10,000 sf per business for office building 5 Prop. 172 Sales Tax $0.005 statewide 1/2 cent sales tax 12 6% average allocation to cities 12 $0.300 Dublin revenue per$1,000 spent Franchise Fees $2,943,800 citywide revenues in FY 2013/14 13 51,055 resident equivalents 14 $57.66 per resident equivalent Licenses, Permits, and Fees $141,500 citywide revenues in FY 2013/14 13 51,055 resident equivalents 14 $2.77 per resident equivalent Fines/ Forfeitures/ Penalties $256,910 citywide revenues in FY 2013/14 13 51,055 resident equivalents 14 $5.03 per resident equivalent Other Revenue Gas Tax Fund $1,302,550 revenues in FY 2013/14 15 44,208 residents 14 $29.46 per resident Prepared by: Keyser Marston Associates, Inc. Page 27 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4b rev assumptns-regency 2; 8/23/2013;jj Appendix 4b Revenue Source Assumptions-Regency Centers Alternative 2 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Notes: 1 Alameda County Auditor-Controller Agency Tax Analysis Property Reports,51322AABB Calculation of Revenue Percentages in Tax Rate Areas (County website). z Per SB 1096,growth of property tax in lieu of VLF is proportional to growth in AV since 2004/05. Before 2004/05,VLF was distributed in proportion to population. 3 2004/05 VLF distribution per the California State Controller's Office. 4 Per Dublin Municipal Code. s KMA assumption. e The City of Dublin and Regency Centers have entered into an Agreement for Reimbursement of Sales and Use Tax Revenue. Under the agreement, if taxable sales exceed$50 M (annual City sales tax exceeds$500,000 and are not attributable to businesses relocated from elsewhere in Dublin, Pleasanton,or Livermore),a portion of annual city sales taxes will be rebated according to a set schedule approximating 50%/50%sharing.Total cumulative sales tax rebated cannot exceed$3.15 M over 10 years. KMA estimates that annual taxable sales will be slightly less than the$50 million threshold under Alternative 2,generating approximately$479,000 of annual sales tax revenues to the City.Since the projection is close to the threshold,to be conservative it has been assumed that sharing will occur,and that net City sales tax revenues will be$250,000 rather than $479,000. See Table 7. $ State Board of Equalization Taxable Sales in California Report by Type of Business for Cities and Counties,2011; US Census,American Community Survey,2007-2011 5-Year Estimates. 9 Estimate based on CA Board of Equalization taxable sales and household spending potential. 10 Based on employee food and goods and services spending in the vicinity of the office,as reported in the ICSC report, "Office-Worker Retail Spending in a Digital Age" (2012),for suburban workers. 11 Supermarkets Industry Statistical Data-by U.S. Business Reporter FY 2011. Data used are for similar stores to those anticipated at the site. 1z Per California City Finance website-The Proposition 172 1/2 Cent Sales Tax: Background for League of California Cities 2005 Annual Conference Resolution#7. 13 See Appendix 1. 14 See Table 5. 11 Per City of Dublin 2013-2014 Operating Budget. Prepared by: Keyser Marston Associates, Inc. Page 28 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4b rev assumptns-regency 2; 8/23/2013;jj Appendix 4c Revenue Source Assumptions Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund Property Tax 1% property tax assessment 20.70% City share of property tax allocation post-ERAF 1 Property Tax In-Lieu of MVLF $2,278,846 property tax based revenues 2004-05 2,3 $5,553,452,954 2004-05 Dublin gross AV 2,3 $0.41 per$1,000 in AV growth Property Transfer Tax $0.55/$1,000 AV City transfer tax rate 4 20.00% estimated annual ownership residential turnover 5 5.00% estimated annual commercial turnover 5 Sales Tax 1.000% of taxable sales Resident Retail Spending $147,600 estimated household income 6 26.9% income spent on taxable sales in Bay Area 7 80.0% Dublin caputure rate 8 10.0% Dublin spending within the project 5 $28,587 annual other Dublin spending per owner household Retail Employee Retail Spending $25.00 potential weekly spending per employee 5 50 weeks at work per year 5 $1,250 annual spending per employee 80% Dublin capture 5 20% employee Dublin spending within the project 5 $800 annual other Dublin spending per employee Office Employee Retail Spending $91.42 potential weekly spending per employee 9 50 weeks at work per year 5 $4,571 annual spending per employee 80% Dublin capture 5 20% employee Dublin spending within the project 5 $2,925 annual other Dublin spending per employee Prepared by: Keyser Marston Associates, Inc. Page 29 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4c rev assumptns-GOPP 1; 8/23/2013;jj Appendix 4c Revenue Source Assumptions Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund,continued Sales Tax, continued General Retail $375 total sales PSF 5 80% taxable sales 5 10% vacany rate 5 $270 total taxable general retail sales PSF Restaurant Retail $550 total sales PSF 5 100% taxable sales 5 10% vacany rate 5 $495 total taxable general retail sales PSF Grocery Retail $854 total sales PSF 10 40% percent taxable 5 $342 total taxable grocery sales PSF Business License Tax $50 per business 4 1 grocery store 3,500 sf per business for general retail 5 10,000 sf per business for office building 5 Prop. 172 Sales Tax $0.005 statewide 1/2 cent sales tax 11 6% average allocation to cities 11 $0.300 Dublin revenue per$1,000 spent Franchise Fees $2,943,800 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $57.66 per resident equivalent Licenses, Permits, and Fees $141,500 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $2.77 per resident equivalent Fines/ Forfeitures/ Penalties $256,910 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $5.03 per resident equivalent Other Revenue Gas Tax Fund $1,302,550 revenues in FY 2013/14 14 44,208 residents 13 $29.46 per resident Prepared by: Keyser Marston Associates, Inc. Page 30 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4c rev assumptns-GOPP 1; 8/23/2013;jj Appendix 4c Revenue Source Assumptions Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Notes: 1 Alameda County Auditor-Controller Agency Tax Analysis Property Reports,51322AABB Calculation of Revenue Percentages in Tax Rate Areas (County website). z Per SB 1096,growth of property tax in lieu of VLF is proportional to growth in AV since 2004/05. Before 2004/05,VLF was distributed in proportion to population. 3 2004/05 VLF distribution per the California State Controller's Office. 4 Per Dublin Municipal Code. s KMA assumption. e See Table 7. State Board of Equalization Taxable Sales in California Report by Type of Business for Cities and Counties,2011; US Census,American Community Survey,2007-2011 5-Year Estimates. $ Estimate based on CA Board of Equalization taxable sales and household spending potential. 9 Based on employee food and goods and services spending in the vicinity of the office,as reported in the ICSC report, "Office-Worker Retail Spending in a Digital Age" (2012),for suburban workers. 10 Supermarkets Industry Statistical Data-by U.S. Business Reporter FY 2011. Data used are for similar stores to those anticipated at the site. 11 Per California City Finance website-The Proposition 172 1/2 Cent Sales Tax: Background for League of California Cities 2005 Annual Conference Resolution#7. lz See Appendix 1. 13 See Table 5. 14 Per City of Dublin 2013-2014 Operating Budget. Prepared by: Keyser Marston Associates, Inc. Page 31 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4c rev assumptns-GOPP 1; 8/23/2013;jj Appendix 4d Revenue Source Assumptions-Green on Park Place Alternative 2 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund Property Tax 1% property tax assessment 20.70% City share of property tax allocation post-ERAF 1 Property Tax In-Lieu of MVLF $2,278,846 property tax based revenues 2004-05 2,3 $5,553,452,954 2004-05 Dublin gross AV 2,3 $0.41 per$1,000 in AV growth Property Transfer Tax $0.55/$1,000 AV City transfer tax rate 4 20.00% estimated annual ownership residential turnover 5 5.00% estimated annual commercial turnover 5 Sales Tax 1.000% of taxable sales Resident Retail Spending $147,600 estimated household income 6 26.9% income spent on taxable sales in Bay Area 7 80.0% Dublin caputure rate 8 2.0% Dublin spending within the project 5 $31,128 annual other Dublin spending per owner household Retail Employee Retail Spending $25.00 potential weekly spending per employee 5 50 weeks at work per year 5 $1,250 annual spending per employee 80% Dublin capture 5 5% employee Dublin spending within the project 5 $950 annual other Dublin spending per employee Office Employee Retail Spending $91.42 potential weekly spending per employee 9 50 weeks at work per year 5 $4,571 annual spending per employee 80% Dublin capture 5 5% employee Dublin spending within the project 5 $3,474 annual other Dublin spending per employee Prepared by: Keyser Marston Associates, Inc. Page 32 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4d rev assumptns-GOPP 2; 8/23/2013;jj Appendix 4d Revenue Source Assumptions-Green on Park Place Alternative 2 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 General Fund,continued Sales Tax, continued General Retail $375 total sales PSF 5 80% taxable sales 5 10% vacany rate 5 $270 total taxable general retail sales PSF Restaurant Retail $550 total sales PSF 5 100% taxable sales 5 10% vacany rate 5 $495 total taxable general retail sales PSF Grocery Retail $854 total sales PSF 10 40% percent taxable 5 $342 total taxable grocery sales PSF Business License Tax $50 per business 4 1 grocery store 3,500 sf per business for general retail 5 10,000 sf per business for office building 5 Prop. 172 Sales Tax $0.005 statewide 1/2 cent sales tax 11 6% average allocation to cities 11 $0.300 Dublin revenue per$1,000 spent Franchise Fees $2,943,800 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $57.66 per resident equivalent Licenses, Permits, and Fees $141,500 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $2.77 per resident equivalent Fines/ Forfeitures/ Penalties $256,910 citywide revenues in FY 2013/14 12 51,055 resident equivalents 13 $5.03 per resident equivalent Other Revenue Gas Tax Fund $1,302,550 revenues in FY 2013/14 14 44,208 residents 13 $29.46 per resident Prepared by: Keyser Marston Associates, Inc. Page 33 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4d rev assumptns-GOPP 2; 8/23/2013;jj Appendix 4d Revenue Source Assumptions-Green on Park Place Alternative 2 Regency Centers and Green on Park Place Fiscal Impact Analysis Dublin,CA August 21, 2013 Notes: 1 Alameda County Auditor-Controller Agency Tax Analysis Property Reports,51322AABB Calculation of Revenue Percentages in Tax Rate Areas (County website). z Per SB 1096,growth of property tax in lieu of VLF is proportional to growth in AV since 2004/05. Before 2004/05,VLF was distributed in proportion to population. 3 2004/05 VLF distribution per the California State Controller's Office. 4 Per Dublin Municipal Code. s KMA assumption. e See Table 7. State Board of Equalization Taxable Sales in California Report by Type of Business for Cities and Counties,2011; US Census,American Community Survey,2007-2011 5-Year Estimates. $ Estimate based on CA Board of Equalization taxable sales and household spending potential. 9 Based on employee food and goods and services spending in the vicinity of the office,as reported in the ICSC report, "Office-Worker Retail Spending in a Digital Age" (2012),for suburban workers. 10 Supermarkets Industry Statistical Data-by U.S. Business Reporter FY 2011. Data used are for similar stores to those anticipated at the site. 11 Per California City Finance website-The Proposition 172 1/2 Cent Sales Tax: Background for League of California Cities 2005 Annual Conference Resolution#7. lz See Appendix 1. 13 See Table 5. 14 Per City of Dublin 2013-2014 Operating Budget. Prepared by: Keyser Marston Associates, Inc. Page 34 Filename:\\Sf-fs2\wp\11\11982\005\fiscal 08 21 13;A-4d rev assumptns-GOPP 2; 8/23/2013;jj RESOLUTION NO. XX-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************ AMENDING THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN FOR THE GREEN MIXED USE PROJECT (PLPA-2013-00013) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct approximately 37,000 square feet of retail and restaurant buildings with associated outdoor seating areas and six future residential neighborhoods with 372 units in multiple buildings on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, approval of the project as proposed requires that certain amendments be made to the General Plan and Eastern Dublin Specific Plan so that the two documents are consistent with the proposed mix of commercial and residential uses on the site; and WHEREAS, the General Plan and Eastern Dublin Specific Plan land use designation for the project site is proposed to be amended from "General Commercial" to "Mixed Use" to enable the construction of retail/restaurant uses in addition to Medium-High Density Residential uses coordinated in a master-planned development on one project site. In addition, other provisions of the General Plan and Eastern Dublin Specific Plan are proposed to be amended to ensure consistency with the proposed land use designation for this 27.5 acres; and WHEREAS, 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 WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (SEIR) dated May 2014 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, the Draft SEIR was circulated from May 7, 2014 to June 23, 2014 (45 days) for public comment; and WHEREAS, comments received on the Draft SEIR were reviewed and responded to, and the Final EIR (that contains the Response to Comments) dated August 2014 was prepared; and WHEREAS, consistent with section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. None of the contacted tribes requested a 1 consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, for the Planning Commission; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-48 (incorporated herein by reference) recommending that the City Council approve the General Plan and Eastern Dublin Specific Plan Amendments for the Project; and WHEREAS, a Staff Report, dated November 4, 2014 and incorporated herein by reference, described and analyzed the proposed General Plan and Eastern Dublin Specific Plan Amendments for the project; and WHEREAS, the City Council held a properly noticed public hearing on the proposed General Plan and Eastern Dublin Specific Plan Amendments on November 4, 2014, at which time all interested parties had the opportunity to be heard; and WHEREAS, on November 4, 2014, the City Council adopted Resolution -14 certifying The Green Mixed Use Project Supplemental EIR and adopting CEQA mitigation findings and a Mitigation Monitoring and Reporting Program for the project; and WHEREAS, the City Council considered the certified SEIR and all above-referenced reports, recommendations, and testimony prior to taking action on The Green Mixed Use Project and considered the previous CEQA approvals for the other three projects ; and WHEREAS, the City Council used their independent judgment and considered the Staff Report and all reports, recommendations, and testimony referenced above prior to approving the proposed General Plan and Eastern Dublin Specific Plan Amendments. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council finds that the General Plan and Eastern Dublin Specific Plan Amendments related to The Green Mixed Use Project are in the public interest and that the General Plan and the Eastern Dublin Specific Plan, as so amended, will remain internally consistent, and that the Eastern Dublin Specific Plan, as amended, is consistent with the General Plan, as amended. BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the General Plan for The Green Mixed Use Project- 2 Figure 1-1 (Land Use exhibit) shall be amended to reflect the change in land use designation from General Commercial to Mixed Use for The Green Mixed Use project site. Table 2.2 (Land Use Development Potential: Eastern Extended Planning Area) shall be amended as shown below (table footnotes not included): TABLE 2.2: Land Use Development Potential: Eastern Extended Planning Area Classification Acres Intensity" Units Factor Yield RESIDENTIAL Du's/acre Du's Persons/du Population High Density 56.14 25.1+ 1,409+ 2.7 3,804+ Medium-High Density 137.81 14.1-25.0 1,943-3,445 2.7 5,246-9,302 Medium-High Density and 0 14.1-25.0 0 2.7 0 Retail/Office Medium Density 390.11 6.1-14.0 2,380-5,462 2.7 6,426-14,747 Single Family 725 0.9-6.0 652-4,350 2.7 1,760-11,745 Estate Residential 30.5 0.01-0.8 0-24 2.7 0-65 Rural Residential/Agriculture 340.2 0.01 3 2.7 8 TOTAL 1679.76 6,387-14,693 17,244-39,671+ Floor Square Feet Square COMMERCIAL Acres Area (millions) Feet/ Jobs Ratio Employee (Gross) General Commercial 271.6 .20-.60 2.37-7.10 510 4,647-13,922 General Commercial/Campus Office 95.22 .20-.80 .83-3.32 385 2,155-7,325 Mixed Use 38.8 .30-1.00 .51-1.70 490 1,041-3,469 Mixed Use 2/Campus Office 22.9 .45 max .45 260 1,731 Neighborhood Commercial 21.29 .25-.60 .23-.56 490 470-1,143 Campus Office 195.58 .25-.80 2.13-6.82 260 8,192-26,214 Industrial Park 56.4 .35 max .86 590 1,458 Industrial Park/Campus Office 0 .25-.35 0 425 0 TOTAL: 701.79 7.38-20.81 19,694-55,262 PUBLIC/SEMI-PUBLIC/OPEN FAR Square Feet Square SPACE Acres (Gross) (millions) Feet/ Jobs employee Public/Semi-Public 94.1 .50 max 2.05 590 3475 Semi-Public 3.2 .50 max .07 590 119 Acres Number Parks/Public Recreation 196.3 Regional Parks 1.2 1 Open Space 699.56 FAR Square Feet Square Schools Acres (Gross) (millions) Feet/ Jobs employee Elementary School 48.7 .50 max 1.06 590 1797 Middle School 27.8 .50 max .61 590 1034 High School 0 TOTAL: 1070.86 3.79 6425 Dwelling Square Acres Units Population Feet Jobs (millions) GRAND TOTAL: 3,45.41 6,387- 17,244- 11.17-24.6 26,119-61,687 14,693 39,671+ 3 BE IT FURTHER RESOLVED that the City Council hereby finds that the amendments to the Eastern Dublin Specific Plan are consistent with the Dublin General Plan as amended because the amendments conform to match the amendments made to the General Plan land use designations for each project site. BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the Eastern Dublin Specific Plan for The Green Mixed Use Project: Table 4.1 (Eastern Dublin Specific Plan Land Use Summary) shall be amended as shown below (table footnotes not included): TABLE 4.1 EASTERN DUBLIN SPECIFIC PLAN LAND USE SUMMARY (Amended Per Resolution Nos. 66-03, 47-04, 223-05, 58-07, 37-08, 210-08, 176-09, 76-10, 55-12, 92-12, 210-12, 198-13, 19-14, 159-14, and xx-14) Land Use Description LAND AREA DENSITY YIELD COMMERCIAL/INDUSTRIAL General Commercial 329.3 acres .25-.35 FAR 3.817 MSF General Commercial/Campus Office 87.02 acres .28 FAR 1.054 MSF Industrial Park* 61.3 acres .25-.28 FAR .747 MSF Neighborhood Commercial 57.89 acres .30-.35 FAR .812 MSF Mixed Use 32.1 acres .30-1.0 FAR .045 MSF Mixed Use 2/Campus Office***** 25.33 acres .45 FAR .497 MSF Campus Office 153.01 acres .35-.75 FAR 2.986 MSF Subtotal 745.95 acres 9.958 MSF RESIDENTIAL High Density 58.74 acres 35 du/ac 2,056 du Medium High Density 156.61 acres 20 du/ac 3,132 du Medium Density** 477.41 acres 10 du/ac 4,744 du Single Family**** 947.25 acres 4 du/ac 3,789 du Estate Residential 30.4 acres 0.13 du/ac 4 du Rural Residential/Agric. 549.95 acres .01 du/ac 5 du Mixed Use 32.1 acres*** 515 du Subtotal 2220.36 acres 14,245 du PUBLIC/SEMI-PUBLIC Public/Semi-Public 93.1 acres .24 FAR .973 MSF Semi-Public 10.5 acres .25 FAR Subtotal 103.6 acres .973 MSF SCHOOLS Elementary School 66.5 acres 5 schools Junior High School 21.3 acres 1 school Subtotal 87.8 acres PARKS AND OPEN SPACE City Park 56.3 acres 1 park Community Park 97.0 acres 3 parks Neighborhood Park 49.0 acres 7 parks Neighborhood Square 16.7 acres 6 parks Subtotal 219 acres 17 parks Open Space 684.06 acres TOTAL LAND AREA 4060.77 acres 4 Table 4.2 (Eastern Dublin Specific Plan Population and Employment Summary) shall be amended as shown below (table footnotes not included): TABLE 4.2 EASTERN DUBLIN SPECIFIC PLAN POPULATION AND EMPLOYMENT SUMMARY Amended Per Resolution No.47-04,223-05, 58-07,37-08, 176-09, 76-10,55-12,92-12,210-12, 198-13, 19-14, 159-14,xx-14 Land Use Designation Development Sq Ft/ Persons/du Population Employees Commercial Industrial Park .747 MSF 590 1,266 General 1.054 MSF 385 2,738 Commercial/Campus Office* General Commercial 3.817 MSF 510 7,484 Neighborhood .812 MSF 490 1,657 Commercial Mixed Use** .045 MSF 490 92 Mixed Use 2/Campus .497 MSF 260 1,910 Office**** Campus Office 2.986 MSF 260 11,485 Public/Semi Public .973 MSF 590 1,740 Semi-Public 590 TOTAL: 10.931 MSF 28,372 Residential High Density 2,056 2.0 4,112 Medium High Density 3,132 2.0 6,264 Medium Density 4,744 2.0 9,488 Single Family*** 3,789 3.2 12,125 Estate Residential 4 3.2 13 Mixed Use** 515 2.0 1,030 Rural Residential/Agric. 5 3.2 16 TOTAL: 1 14,245 1 1 1 33,048 Table 4.3 (Projected Jobs/Housing Balance) shall be amended as shown below (table footnotes not included): TABLE 4.3 CITY OF DUBLIN PROJECTED JOBS/HOUSING BALANCE (Amended Per Resolution No. 223-05, 58-07, 37-08, 176-09, 76-10, 55-12, 92-12, 210-12, 198-13, 19-14, 159-14, xx-14) PLANNING Dwelling Jobs Employed Balance Ratio AREA Units Residents Existing City of 7,100 12,210 12,000 -210 1.02:1.0 Dublin Eastern Dublin 14,245 28,372 20,244 -8,128 1.40:1.0 Specific Plan Area TOTAL: 21,345 40,582 32,244 -8,338 1.26:1.0 5 Table 4.11 (Hacienda Gateway Subarea Development Potential) shall be amended as shown below (table footnotes not included): TABLE 4.11 HACIENDA GATEWAY SUBAREA DEVELOPMENT POTENTIAL (Amended Per Resolution 47-04, 198-13, 159-14, xx-14) Designation Acres Density DEVELOPMENT POTENTIAL General Commercial 85.8 .21 FAR .800 MSF General Commercial 0 .38 FAR -- General Commercial/Campus Office 14.32 .27 FAR .167 MSF Neighborhood Commercial 0.0 .30 FAR -- Campus Office 50.68 .37 FAR .817 MSF Campus Office 19.0 .50 FAR .420 MSF Campus Office 30.2 0.85 FAR 1.119 MSF Mixed Use 27.5 .30-1.0 .359 MSF FAR Commercial Subtotal 227.5 3.682 MSF Medium High Density Residential 16.2 20 du/ac 324 du Residential Subtotal 16.2 324 du Semi-Public -- -- 0 MSF Total 243.7 3.682 MSF and 324 du Appendix 4 of the EDSP (Land Use Summary by Land Owners) shall be amended to reflect the changes in land use designations broken down by property owner. BE IT FURTHER RESOLVED that this approval shall not take effect until the Development Agreement for The Green Mixed Use Project takes effect and is recorded on the Property. PASSED, APPROVED, AND ADOPTED this day of 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 6 ORDINANCE NO. xx — 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * TO REZONE 27.5 ACRES AT 5144 AND 5344 MARTINELLI WAY TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct approximately 37,000 square feet of retail and restaurant buildings with associated outdoor seating areas and six future residential neighborhoods with 372 units in multiple buildings on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, approval of the project as proposed requires rezoning the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan; and WHEREAS, 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 WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (SEIR) dated August 2014 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-47 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-49 recommending that the City Council approve rezoning the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a Staff Report, dated November 4, 2014 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site 1 Development Review (Commercial Buildings only), Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the Project, including the proposed rezoning of the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, on September 16, 2014, at which time all interested parties had the opportunity to be heard; and WHEREAS, on , the City Council adopted Resolution -14 certifying The Green Mixed Use Project Final SEIR and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council considered the Final SEIR and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Green Mixed Use Project ("the Project") PD-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 Green Mixed Use Project under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new retail, restaurant, and residential units 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 PD-Planned Development zoning for The Green Mixed Use Project 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 conditions were documented in the Supplemental Environmental Impact Report (SEIR) that has been prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. There are no site challenges that were identified in the SEIR that will present an impediment to utilization 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 PD zoning. 2 3. With the implementation of the Mitigation Measures identified in the SEIR, the PD- 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. 4. The PD-Planned Development zoning is consistent with and in conformance with the Dublin General Plan, as amended, in that the proposed use as a future mixed use commercial/residential project is consistent with the Mixed Use land use designation for the site. C. Pursuant to the California Environmental Quality Act, the City Council certified a Final Supplemental EIR via Resolution -14 on prior to approving the Project. SECTION 2: 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: Approximately 27.5 acres at 5144 and 5344 Martinelli Way. APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00. ("the Property"). A map of the rezoning area is shown below: 0 y tl 3 SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1/2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1/2 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 Green Mixed Use Project This is a Stage 1/2 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 and is adopted as part of the PD-Planned Development rezoning for The Green Mixed Use Project, PLPA-2013-00013. The PD-Planned Development Zoning District and this Stage 1/2 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. 1. Zoning. The Zoning for the subject property is PD-Planned Development (PLPA-2013- 00013). 2. Statement of Permitted Uses for the Commercial Parcel (Lot 61 of Tract 8203 — Sheet TM2.01). Permitted Uses (as defined by the Zoning Ordinance): • General outdoor seating areas (plaza seating areas, benches, chairs, cafe tables) not dedicated to a specific user are permitted throughout the project area in any location. • Retail-General and Retail-Neighborhood use types • Offices - Professional/Administrative • Personal Services • Eating, drinking and entertainment establishments including the following: • Eating and Drinking Establishments, including the following: o Eating and Drinking Establishment • Eating and Drinking Establishment— Specialty • Eating and Drinking Establishment— Take Out • Outdoor Dining Areas (supplemental to an existing indoor restaurant) are permitted as identified on the Site Plan (Sheet A1.0.1 of the Project Plans). Outdoor Dining Area is defined as a controlled outdoor dining space (not enclosed in a building, but enclosed with a fence or barrier), which is supplemental to an indoor restaurant and dedicated to the use of a single tenant or tenants. Additional Outdoor Dining Areas may be permitted through a Site Development Review Waiver Permitted with a Conditional Use Permit and/or Zoning Clearance/Minor Use Permit (as defined by the Zoning Ordinance): • Community Facility • Recreational Facility— Indoor • Daycare Center • Community Care Facility (Large) • Nightclub 4 Prohibited Uses: o Drive through facilities Statement of Permitted Uses for the Residential Parcels (Lots 1-60 and Lots A-II of Tract 8203 — Sheet TM2.01). Permitted Uses (as defined by the Zoning Ordinance): • Single-Family Residence • Multi-Family Residence • Family Day Care Home/Small (up to 8 children) • Home Occupation Permitted with a Conditional Use Permit and/or Zoning Clearance/Minor Use Permit (as defined by the Zoning Ordinance): • Community Care Facility (Small) • Community Clubhouse • Community Facility • Day Care Center Prohibited Uses: o Any use not specifically noted above and determined by the Community Development Director to be incompatible with residential uses on the project site 3. Stage 1 and 2 Site Plan. The Stage 1/2 Development Plan is shown below and is also included as Sheet L1.0 in the Project Plan Set, dated received August 11, 2014, on file at the Community Development Department. 4 E J.L " ' y1 a' q uutl�k i aIJrxJ4G� rr u NYLi� t- 31dWVap d' r Ir•ig � � � � �i r, � !i�Li"'i r � °' d1 ;��� Pn r tr1 / �,�11 � I:ii�r 4 � Se�lptn , B� II m i cape a" PaassitoYe Mail6o�� /y s Lc Wtl s /r Socia ardens Im eIr r reerw t Jp G ay &aCl's Verde 5 I Inse 'rr'"'% �I un TINUWx.1toIAIIIIIJI�Itdl1„kIF31 fl4a1� ,Y.4iJ I ,`I11 1Y1P;VN,2'VJIll.6.111JW31I,yi,�IalbIlilG�V MJIdIl�1k I •wtisrw �G i ar a 74' A „F'edebtnap Hecrea2rcn lfrail to BAF�T i�0< t l/O//�lliiUB/tall temcetl0v�tiimf vJitFv vtiNew * I i r�� """, .. ,,,,�:uri�i/ roi�L�ei/r/.n-� l�,mn„ i ,.,,,,,�,�,.,� ^ ",.`,, „"✓ �/r��.r_ �,��,",� ,,,,, ,,, .���r 5 4. Site area, proposed densities, and development regulations. Maximum Building Height: 50 feet Signage Pursuant to an approved Master Sign Program Minimum lot size Per approved Vesting Tentative Map (Sheet TM2.01 of the Project Plans) Maximum lot coverage Per approved Vesting Tentative Map (Sheet TM2.01 of the Project Plans) Maximum Building Area 40,000 square feet of enclosed commercial building area on the Commercial Parcel and up to 400 units on the Residential Parcels. Maximum Floor Area .25 for the Commercial Parcel Ratio/Density 19 units/net acre for the combined Residential Parcels (maximum of 400 units over 21.7 net residential acres) Parking Stall Dimensions Per Chapter 8.76 Off-Street Parking And Loading Regulations Standards of the Dublin Zoning Ordinance Minimum Setbacks Per the Civil Site Plan (Sheet C1.01 of the Project Plans) Parking Spaces Required Commercial Uses Use Type Parking Req'd Eating and 1 space per 100 s.f. accessible to Drinking Est. customers, plus 1 space per 300 s.f. not accessible to customers Outdoor Dining 1-12 seats: no parking required. 13 or more seats: 1 space per 3 seats. Eating and 1 space per 200 s.f. Drinking Est. — Specialty Retail 1 space per 300 s.f. Residential Uses 2 garage spaces per unit, plus 0.8 guest spaces per unit (Excess parking on commercial parcels may be used to satisfy guest parking requirement) 5. Phasing Plan. In accordance with the Project Development Agreement. 6. Preliminary Landscape Plan. Sheets L.1 through L.14, inclusive, of the Project Plans illustrate the conceptual landscape design. 7. Architectural Standards. The conceptual architectural design of the project shall reflect the following standards as illustrated in the Project Plans. The architectural design shall: ■ Offer a modern interpretation of agrarian vernacular architecture that had a place in the Tri-Valley in the early- to mid- 20th century. The design aesthetic of this community is intended to be a welcomed counterpoint to other more traditionally suburban Dublin communities. • Utilize authentic and rich materials that are utilized and employed to express themselves in their natural state, including emphasis on the use of metal and wood as the main building forms. The use of stucco should be understated. Siding should be expressed in hues that allow the texture and scale to read. Color should only be used as an accent and not used to mask the quality of the materials proposed. 6 • Highlight the natural richness in the material palette that in turn, allows the color palette for the bodies of the buildings to be refined and sophisticated. • Utilize accent colors purposefully on elements such as Art, Entries, Accent Panels, Accent Trims, and Signage. • Incorporate features such as different wall planes, heights, wall textures, roof elements, storefront designs, awnings, canopies, trellises, signs, light fixtures and landscaping to contribute layers of detail at the pedestrian level. • Provide functional outdoor plazas where people will gather and socialize, with landscaping, outdoor seating, enhanced paving treatment, and other features to provide an appropriate urban scale for the center. 8. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan and Eastern Dublin Specific Plan (as amended). 9. Inclusionary Zoning Regulations. In accordance with the Project Development Agreement. 10.Aerial Photo. An aerial photo is on file with the Community Development Department. 11.Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1 and Stage 2 Development Plan or the Project Development Agreement, the use, development, improvement and maintenance of the Commercial Parcel of the project site shall be governed by the C-2 (General Commercial Zoning District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. The use, development, improvement, and maintenance of the Residential Parcels of the project site shall be governed by the R-M (Multi-Family Residential Zoning District) provisions of the Zoning Ordinance. No development shall occur on either the Commercial or Residential parcels on this property until a Site Development Review permit has been approved. 12.Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Eastern Dublin Specific Plan and General Plan Amendment EIR and The Green Mixed Use Project Supplemental EIR. SECTION 4. 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 5. Prior PD Zoning Superseded. Ordinance No. 34-08 establishing the existing Planned Development Zoning District is superseded as to the Project site. 7 SECTION 6. This ordinance shall take effect and be enforced thirty (30) days from and after its passage. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2014, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPk20131PLPA-2013-00013 The Green GPA-SPA-PDICC 09.16.141Attxx-CC PD Ord.docx 8 RESOLUTION NO. xx-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE COMMERCIAL BUILDINGS AND VESTING TENTATIVE MAP 8203 FOR THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct approximately 37,000 square feet of retail and restaurant buildings with associated outdoor seating areas and six future residential neighborhoods with 372 units in multiple buildings on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, the current request includes Vesting Tentative Map 8203 to subdivide the entire 27.5 acre parcel, however, the proposed Site Development Review is only for the commercial component of the project. The Site Development Review application for the residential buildings is not being considered at this time and will be reviewed by the Planning Commission at a later date; and WHEREAS, the project site is located within a Planned Development Zoning District; and WHEREAS, the Project Plans, attached as Exhibit A, illustrate the site layout and building elevations for the eight future Commercial Buildings on the project site, which comprise approximately 37,000 square feet of future retail and restaurant buildings with associated outdoor seating areas, which are permitted by the Eastern Dublin Specific Plan and General Plan, as amended; and WHEREAS, the Project Plans also illustrate the proposed subdivision of a single 27.5 acre parcel into 96 separate parcels (1 commercial parcel, 60 residential parcels, and 35 parcels for future streets, parking, and common areas, ranging in size from 0.1 acres to 5.8 acres; and WHEREAS, the Site Development Review (Commercial Buildings only) and Vesting Tentative Map application collectively defines this "Project" and is available and on file in the Community Development Department; and WHEREAS, 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 WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (SEIR) dated August 2014 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, for the Planning Commission; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-47 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-48 recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-49 recommending that the City Council approve the proposed Rezoning of properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan for the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-50 recommending that the City Council approve the proposed Development Agreement for the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the City Council did hold a public hearing on said application on November 47 2014 for this project, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Site Development Review (Commercial Buildings only) and Vesting Tentative Map application; and WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. WHEREAS, on November 4, 2014, the City Council adopted Resolution xx-14, certifying The Green Mixed Use Project Final SEIR and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project; and 2 WHEREAS, the City Council considered the Final SEIR and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make the following Site Development Review (Commercial Buildings only) findings and determinations regarding The Green Mixed Use Project on approximately 27.5 acres at 5144 and 5344 Martinelli Way: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review) of the Zoning Ordinance, with the General Plan, and any applicable Specific Plans and design guidelines because: 1) The project provides an orderly, attractive and harmonious development compatible with the site's environmental constraints and with surrounding properties and neighborhoods. The development gives thoughtful consideration to building location, architectural and landscape design and theme, vehicular and pedestrian access and on-site circulation, parking and traffic impact. It complies with development regulations and the requirements of the zoning district, as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan and Community Design and Sustainability Element of the General Plan; 3) the project will provide unique, varied, and distinct commercial opportunities, which will serve to activate the area and provide services to existing and future residents and workers in the vicinity; 4) the proposed project will conform to the density, design, and allowable uses as stated in the Planned Development Zoning as required by Section 8.104.020.13 of the Dublin Zoning Ordinance; 5) the project includes streetscape enhancements to complement those already in place; and 6) the project is consistent with the General Plan and Eastern Dublin Specific Plan, as amended. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) The architecture and landscape design for the project provides an appropriate pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well-suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation of Mixed Use (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 4) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhoods that includes office, residential, and commercial uses in the vicinity of transit and transportation opportunities. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the project is proposed because: 1) The architecture and landscape design for the project provides a unique, yet appropriate, pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well-suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed development is compatible with the General Plan 3 Land Use designation of Mixed Use (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 4) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes office, residential, and commercial uses in the vicinity of transit and transportation opportunities. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project will provide the desired mix of retail stores, eating and drinking establishments, and associated uses that conform to the Mixed Use land use designation of the Dublin General Plan and the Eastern Dublin Specific Plan (as amended); 2) the project provides for its own infrastructure and required services and is designed to include sufficient vehicular and pedestrian access, with parking to support the uses; and 3) the proposed density of the site is consistent with the General Plan and Eastern Dublin Specific Plan (as amended). E. Impacts to existing slopes and topographic features are addressed because: 1) the project site is relatively flat; 2) the major roadway and utility infrastructure to serve the site already exists, and 3) future approval of grading and improvement plans will enable the site to be modified to suit the project, which will be developed for the site in accordance with City policies and regulations. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the architectural style and materials will be unique to this project, yet compatible and complementary to the contemporary architectural style, colors, and materials being utilized on other commercial projects in the City; 2) the project is utilizing traditional building forms with contemporary, high- quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan; 3) the size and scale of the development will be similar to other retail commercial shopping centers in the project vicinity; and 4) unsightly uses (e.g. waste facilities, parking lots) shall be screened with appropriate materials that are architecturally compatible with the building design. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the Preliminary Landscape Plan for the project site emphasizes the creation of a comfortable pedestrian environment that will include generous sidewalks along the main north-south drive aisle adorned with street trees and pedestrian-scaled lighting; 2) landscaping will be provided throughout the parking fields both at the front and rear of the project buildings; and 3) the project perimeter and interior landscaping is consistent with other commercial development in the vicinity and conforms to the requirements of the City's Water Efficient Landscape Ordinance. 4 H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including driveways, pathways, sidewalks, and street lighting have been reviewed for conformance with City policies, regulations, and best practices and have been designed with multi- modal travel in mind; and 2) development of this project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following Vesting Tentative Map findings and determinations regarding Vesting Tentative Map 8203 for The Green Mixed Use Project: A. Vesting Tentative Map 8203 is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of Vesting Tentative Map 8203 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is the subdivision of three parcels that currently comprise the 27.5 acre project site into 96 parcels: one 5.8 acre commercial parcel, 60 residential parcels with multiple units in each building/parcel, and 35 street/circulation/parking area parcels. C. Vesting Tentative Map 8203 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District for The Green Mixed Use Project (PLPA-2013-00013), and therefore is consistent with the City of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, including Hacienda Drive, Martinelli Way, and Arnold Road, on approximately 27.5± acres of land. The topography of the property is generally flat. The site is physically suitable for the type and intensity of the proposed commercial/residential mixed use development that is proposed. E. Vesting Tentative Map 8203 will not cause environmental damage or substantially injure fish or wildlife of their habitat or cause public health concerns because the proposed project is for the subdivision of the land and not for any physical improvements. F. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve Vesting Tentative Map 8203 and Site Development Review (Commercial Buildings only) for The Green Mixed Use Project, as shown on plans submitted by Stockbridge/BHV, stamped received August 11, 2014, subject to the conditions included below. CONDITIONS OF APPROVAL: 5 Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. Anything to the contrary in these Conditions of Approval notwithstanding, if the City enters into a Development Agreement with the project sponsor, if any term of these conditions of approval are in conflict with the provisions of the Development Agreement, the Development Agreement shall take precedence and shall control. CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: GENERAL CONDITIONS — SITE DEVELOPMENT REVIEW and VESTING TENTATIVE MAP 8203 1. Approval. This Site Development Review (Commercial only) and PL Ongoing Vesting Tentative Map 8203 approval for The Green Mixed Use Project establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review (Commercial only)/Vesting Tentative Map approval generally shall conform to the project plans submitted by Stockbridge/BHV dated received August 11, 2014 and on file in the Community Development Department, and other plans, text, and diagrams — including the color and material board — relating to this Site Development Review (Commercial only)/Vesting Tentative Map approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Site Development PL One year After Review/Vesting Tentative Map approval shall be valid for one (1) Effective Date year from the approval of the project by the Planning Commission or or as specified as identified in the project Development Agreement. This approval in the Project shall be null and void in the event the approved use fails to be Development established within the prescribed time. Commencement of the use Agreement means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. Unless otherwise addressed in the Project PL One Year Development Agreement, the original approving decision-maker Following may, upon the Applicant's written request for an extension of Expiration approval prior to expiration, upon the determination that all Date Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. Subsequent six month extensions may be granted at the discretion of the Community Development Director. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 4. Compliance. The Applicant/Property Owner shall operate this use in PL On-going compliance with the Conditions of Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified 6 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: may be subject to enforcement action. 5. Effective Date. The approval is contingent on the City Council PL Ongoing taking the following actions related to the project: 1. Certifying a Final Supplemental Environmental Impact Report and Adoption of Environmental Findings under CEQA for the project; 2. Adopting a Resolution amending the General Plan and the Eastern Dublin Specific Plan for the project; 3. Adopting an Ordinance approving a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan for the project; and 4. Adopting an Ordinance approving a Development Agreement for the project. If the above actions do not take place, the SDR/Tentative Map approval is null and void. This approval shall not take effect until all the City Council approvals under items 1-4 are in full force and effect. 6. Revocation of Permit. The Site Development Review/Vesting PL On-going Tentative Map approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Applicant/ Various Building Developer shall comply with applicable City of Dublin Fire Prevention Permit Bureau, Dublin Public Works Department, Dublin Building Issuance Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Required Permits. Developer shall obtain all permits required by PW Building other agencies including, but not limited to Alameda County Permit Environmental Health, Alameda County Flood Control and Water Issuance Conservation District (Zone 7), California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, or other regional/state agencies as required by law. Copies of the permits shall be provided to the Public Works Department. 9. Fees. Except as otherwise provided in the Development Various Building Agreement, the Applicant/Developer shall pay all applicable fees in Permit effect at the time of building permit issuance, including, but not Issuance limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: may be adopted and applicable. 10. Indemnification. The Developer shall defend, indemnify, and hold ADM On-going harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clarification of Conditions. In the event that there needs to be PW On-going clarification to the Conditions of Approval, the Community Development Director and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be responsible for clean- PL On-going up and disposal of project related trash to maintain a safe, clean, and litter-free site. 13. Modifications. Modifications or changes to this Site Development PL On-going Review/Vesting Tentative Map approval may be considered by the Community Development Director in compliance with Chapter 8.104 of the Zoning Ordinance and in compliance with the Subdivision Ordinance. 14. Archaeology. Should any prehistoric, cultural, or historic artifacts PL During be exposed during excavation and construction operations, the Construction Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Compliance with this condition required throughout construction. 15. Equipment Screening. All electrical equipment, fire risers, and/or PL Building mechanical equipment shall be screened from public view by Permit landscaping and/or architectural features. Any roof-mounted Issuance equipment shall be completely screened from adjacent street view and by materials architecturally compatible with the building and to the Through satisfaction of the Community Development Director. The Building Completion/ Permit plans shall show the location of all equipment and screening On-going for review and approval by the Director of Community Development. 8 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 16. Public Art. The Applicant/Developer intends to satisfy the City's PL, Parks Public Art Plan requirement for Public Art through the installation of art pieces on the shall be project site, which could potentially also include installations on the developed Persimmon Place project site (north of Martinelli Way). The prior to Applicant/Developer will coordinate the public art project for the issuance of project with the City's Heritage and Cultural Arts Manager in the first compliance with Chapter 8.58 of the Zoning Ordinance. Building Permit and all installations shall be complete prior to occupancy of the first building on the project site 17. Inclusionary Housing. The Applicant/Developer will satisfy the PL In accordance requirements of Chapter 8.68 of the Zoning Ordinance (Inclusionary with the Zoning Regulations) in accordance with the Project Development Project Agreement. Development Agreement 18. Colors. The exterior colors of the buildings shall be in compliance PL Occupancy with the Color and Material Board approved with the Project Plans. If paint is utilized, the Applicant shall paint small portions of the building the approved colors for review and approval by the Director of Community Development prior to painting the entire buildings, whose approval shall not be unreasonably withheld or delayed. 19. Approval of Design Details Prior to Full Installation. Details of PL Building or the following site features and improvements shall be reviewed and Sitework approved by the Community Development Director prior to permit Permit issuance: Issuance 1. Amenities to be installed in the plaza/outdoor spaces next to and between buildings (e.g. on the north side of Building 400) that are intended to create a comfortable pedestrian environment. Amenities could be hanging lights, additional landscaping, or other art/design elements that serve to frame and enclose the space. 2. Bollard/post element to be installed on the northern edge of the commercial area along Martinelli and a portion of Hacienda. 3. Bicycle lockers and bike racks. 4. Paving pattern, colors, material for pedestrian pathways on sidewalks, through the parking areas, and in the commercial and residential plaza areas. 5. Enclosure details for outdoor dining/seating areas. 6. Construction and material details for trash enclosures. 20. Outdoor Furniture. Outdoor furniture (including tables and chairs PL Ongoing for outdoor seating/eating areas) shall be suitable for all-weather conditions and made of high-quality, durable materials. Umbrellas shall have no more than two colors. Logos, or the name of the restaurant establishment, may be printed on the umbrella canvas, but logos for products sold are prohibited. 21. Outdoor Dining/Seating Areas. Outdoor dining/seating areas not PL Ongoing shown on the Project Plans may be permitted through a Site Development Review Waiver. Outdoor dining/seating areas shown on the Project Plans do not need any additional review/approval 9 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: except approval of any enclosure details. Outdoor dining/seating areas (including furniture and barriers/enclosures) shall be maintained in good condition at all times by the owners/operators of the associated dining establishment or the retail center property management. 22. Master Sign Program. A Master Sign Program will be reviewed PL Installation of and approved at the Staff-level for all project-related signage any project- including, but not limited to, wall signs, monument signs, community related identification signage, address signage, directional signage, parking signage signage, speed limit signage, retail tenant signage, and other signage deemed necessary by the City. Any wall and monument signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. 23. Construction Trailer. The Applicant/Developer shall obtain a PL Establishment Temporary Use Permit prior to the establishment of any construction of the trailer, storage shed, or container units on the project site. temporary use 24. Final Building and Site Improvement Plans shall be reviewed and PL Issuance of approved by the Community Development Department staff prior to Building the issuance of a building permit. All such plans shall insure: Permits a. That standard non-residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the disabled, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, are architecturally screened from view, and that electrical transformers are either underground, architecturally screened, or screened by landscape of an adequate size. Electrical and gas meters shall be screened to the greatest degree possible. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project 10 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 25. Mitigation Monitoring Program. The Applicant/ Developer shall PL On-going comply with The Green Mixed Use Project Final Supplemental Environmental Impact Report (EIR) certified by City Council Resolution xx-xx, including all mitigation measures, action programs, and implementation measures contained therein. The FSEIR is on file with the Community Development Department. 26. Final Landscape and Irrigation Plans. Final landscape plans, PL Landscape including utility and tree coordination plans, layout plans, irrigation plan approval plans, planting plans, and guarantees, shall be reviewed and and approved by the City Engineer and the Community Development installation Director prior to the issuance of the building permit. Plans shall be generally consistent with the layout of the Preliminary Landscape drawings included in the Project Plan Set prepared by Smith + Smith Landscape Architects, received by the Planning Division on August 11, 2014, except as modified by the Conditions listed below or as required by the Community Development Director to address specific site constraints or conditions. At the Final Landscape Plan stage, the tree and plant material selections shall be reviewed in detail as the areas of the site needed for bioretention/water quality are finalized through the development of detailed Site Improvement Plans. Particular attention shall be paid to ensuring that plant material shown in bioretention areas are well-suited for those soil conditions. Alternative species shall be considered to ensure compatibility with the contemporary look and feel of the building architecture and overall design aesthetic. The Final Landscape Plans shall ensure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. All trees that are on the perimeter of the project site and along the main north-south drive aisle shall be 24" box minimum, with at least 30% at 36" box or greater. Other trees located throughout the parking lot and the project site shall be 15 gallon and 24" box. All shrubs shall be 5 gallon minimum. All groundcover shall be 1 gallon in size. These standards shall be met unless a superior design concept is proposed by the Applicant and accepted by the City. d. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. e. That all cut and fill slopes conform to the Tentative map and conditions detailed in the Site Development Review plan set. f. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. g. That a permanent maintenance agreement on all landscaping will 11 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. h. The Layout Plan shall illustrate the design of all hardscape elements including walls, fences, gates, light locations, at grade or above grade utility boxes and vaults, walkways and decorative pavement. i. The Irrigation Plan shall utilize low flow, durable, irrigation equipment and the design shall comply with Water Efficient Landscape Ordinance (WELD) requirements. j. Construction details of raised planters, walkways, paths, benches, walls, fences and other architectural features as appropriate to the project. k. All pole light locations shall be coordinated with the placement of trees to eliminate conflicts between the trees and lights and so that the light is not blocked by the growth of the trees. 27. Landscaping at southern property line (adjacent to 1-580). The PL Approval of final Landscape Plan shall identify vine, groundcover, and shrub Landscape planting adjacent to the new fence at the property line that will grow Plans up the fence and mature quickly to provide visual screening between the freeway and the project. 28. Landscaping at Street/Drive Aisle Intersections. Landscaping PL Ongoing shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 29. Plant Clearances. All trees planted shall meet the following PL Landscape clearances: plan approval a. 6' from the face of building walls or roof eaves. and b. 7' from fire hydrants, storm drains, sanitary sewers and/or gas installation lines. c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns. e. 15' from either side of street lights. 30. Lighting. The Applicant/Developer shall prepare a photometric plan PL, PW, Building to the reasonable satisfaction of the City Engineer, Director of PO Permit Community Development, the City's Consulting Landscape Architect Issuance and Dublin Police Services. The photometric plan shall show lighting levels which takes into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the surface parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The parking lot lights shall be designed to eliminate any pockets of high and low illuminated areas. Prior to Occupancy, the Applicant shall request an inspection of the lighting levels in the structure to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.0 foot-candle requirement, the Applicant shall do so prior to Occupancy. 31. Landscaping. Applicant/Developer shall construct all landscaping PL, PW Landscape within the site and along the project frontage to the street curb and plan approval gutter. and 12 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: installation 32. Backflow Prevention Devices. The Landscape Plan shall show the PL, PW, F Landscape location of all backflow prevention devises. The location and plan approval screening of the backflow prevention devices shall be reviewed and and approved by City staff. installation 33. Root Barriers and Tree Staking. The Final Landscape Plans shall PL, PW Landscape provide details showing root barriers and tree staking will be installed plan approval which meet current City specifications. and installation 34. Water Efficient Landscaping Ordinance. The Applicant/ Developer PL Landscape shall submit written documentation to the Public Works Department plan approval (in the form of a Landscape Documentation Package and other and required documents) that the development conforms to the City's installation Water Efficient Landscaping Ordinance. 35. Building Codes and Ordinances. All project construction shall B Through conform to all building codes and ordinances in effect at the time of Completion building permit. 36. Retaining Walls. All retaining walls over 30 inches in height and in B Through a walkway shall be provided with guardrails. All retaining walls over Completion 24 inches with a surcharge or 36 inches without a surcharge shall obtain permits and inspections from the Building & Safety Division. 37. Phased Occupancy Plan. If occupancy is requested to occur in B Occupancy of phases, then all physical improvements within each phase pertaining any affected to a particular building within the phase shall be required to be building completed prior to occupancy of any such building within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the immediately adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather or potential harm or disruption due to nearby construction activities of later phases with the posting of a bond for the value of the deferred landscaping and associated improvements. 38. Building Permits. To apply for building permits, B Issuance of Applicant/Developer shall submit five (5) sets of construction plans Building to the Building & Safety Division for plan check. Each set of plans Permits shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 39. Construction Drawings. Construction plans shall be fully B Issuance of 13 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: dimensioned (including building elevations) accurately drawn building (depicting all existing and proposed conditions on site), and permits prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 40. Air Conditioning Units. Air conditioning units and ventilation ducts B Occupancy of shall be screened from public view with materials compatible to the Unit main building. 41. Temporary Fencing. Temporary Construction fencing shall be B Through installed along the perimeter of all work under construction. Completion 42. Addressing B a) Provide a site plan with the City of Dublin's address grid Prior to overlaid on the plans (1 to 30 scale). Highlight all exterior release of door openings on plans (front, rear, etc.). The site plan shall addresses include a single large format page showing the entire project and individual sheets for each building. 3 copies on full size sheets and 5 copies reduced sheets. b) Address signage shall be provided as per the Dublin Prior to Commercial Security Code. permitting c) Address will be required on all doors leading to the exterior of Prior to the building. Addresses shall be illuminated and be able to be seen from the street, 4 inches in height minimum. occupancy 43. Engineer Observation. The Engineer of record shall be retained to B Scheduling provide observation services for all components of the lateral and the final vertical design of the building, including nailing, hold-downs, straps, frame shear, roof diaphragm and structural frame of building. A written inspection report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 44. Foundation. Geotechnical Engineer for the soils report shall review B Permit and approve the foundation design. A letter shall be submitted to issuance the Building Division on the approval. 45. Electronic File: The applicant/developer shall submit all building B Issuance of drawings and specifications for this project in an electronic format to the final the satisfaction of the Building Official prior to the issuance of occupancy building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 46. Construction Trailer. Due to size and nature of the development, B Ongoing the applicant/developer, shall provide a construction trailer with all hook ups or sufficient space within a construction trailer for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the applicant/developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The applicant/developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Applicant/Developer's expense. 47. Copies of Approved Plans. Applicant shall provide City with 2 B 30 days after reduced (1/2 size) copies of the City of Dublin stamped approved permit and 14 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: plan. each revision issuance 48. Solar Zone — CA Energy Code. Show the location of the Solar B Through Zone on the roof and site plans. Detail the orientation of the Solar Completion Zone. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. 49. Accessible Parking. The required number of accessible parking B Through stalls, the design and location of the accessible parking stalls shall Completion be as required by the CA Building Code. The number and locations in the SDR are for reference only and are not approved. 50. Accessory Structures. Building permits are required for all trash B Through enclosures and associated amenities / structures and are required to Completion meet the accessibility and building codes. 51. 60-Foot No Build Covenant. Pursuant to Dublin Municipal Code B Prior to Section 7.32.130, the owner shall file with the Building Official a Permitting Covenant and Agreement Regarding Maintenance of Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. 52. CA Green Building Code. B Prior to a) Project shall install short and long term bicycle stalls meeting Permitting the requirements of the CA Green Building Code. The location, style and number shall be submitted to the Building Official for review and approval. b) Clean Air, Vanpool and Electric Vehicle parking stalls shall be provided. The location and number shall meet or exceed the requirements of the CA Green Building Code. 53. The project shall comply with all Building and Fire Code Fire At permit requirements at the time of permit issuance. issuance 54. New Fire Sprinkler System & Monitoring Requirements Fire Occupancy In accordance with The Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. This may be a deferred submittal. a. Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. b. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. c. Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior 15 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. d. Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. 55. Fire Alarm (detection) System Required in Assembly / Fire Occupancy Mercantile Occupancy. A Fire Alarm-Detection System shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. Delayed egress locks shall meet requirements of C.F.C. 56. FD Building Key Box for Building Access. A Fire Department Key Fire Occupancy Box shall be installed at the main entrance to all commercial buildings. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. PUBLIC WORKS GENERAL CONDITIONS 57. The Developer shall comply with the Subdivision Map Act, the City of PW Ongoing Dublin Subdivision, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the American's with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by the Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, the Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 58. The Developer shall defend, indemnify, and hold harmless the City PW Ongoing of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to the project (Tract 8203) to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the city's promptly notifying the Developer of any said claim, action, or proceeding and 16 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: the City's full cooperation in the defense of such actions or proceedings. 59. General Conditions of Approval. Developer shall comply with the PW Prior to following General Conditions of Approval for Vesting Tentative Tract Issuance of Map 8203—The Green at Park Place. Building Permits 60. Clarification of Conditions. In the event that there needs to be PW On-going clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 61. If there are conflicts between the Vesting Tentative Map approval and the SDR approval pertaining to mapping or public improvements the Vesting Tentative Map shall take precedence. 62. Ownership and Maintenance of Improvements. Ownership and PW Final Map and maintenance of street right-of-ways, common area parcels and open Ongoing space areas and improvements shall be by the City of Dublin and The Green at Park Place Homeowner's Association as shown on the "Ownership and Maintenance Plan" Stage II PD Exhibits, Sheet C6.01, prepared by Ruggeri-Jensen-Azar, dated June 27, 2014, except the landscape parkway strip and sidewalk along the project frontage at Martinelli Way shall be City Owned and HOA maintained, and except as modified by these Conditions of Approval. 63. Covenants, Conditions and Restrictions (CC&Rs). A PW Improvement Homeowners' Association(s) and/or Property Owners' Association Plans shall be formed that covers both the residential and commercial parcels by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of the landscape, decorative pavement and other features within the public right of way contained in the Agreement for Long Term Encroachments; all open space and common area landscaping; all stormwater treatment measures; trail improvements; and the EVAE. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall contain a provision that parking for residential uses may overflow onto the commercial parcel(s). The parking study submitted and approved for the project assumed a certain amount of commercial parking spaces would serve as guest parking for the residential units. The CC&Rs shall also contain a provision that prohibits the amendment of those provisions of the CC&Rs requested by City without the City's approval. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, the landscaping & irrigation, decorative pavements, median islands, fences, walls, drainage, lighting, signs and other related improvements. The Developer shall submit a copy of the CC&R document to the City for review and approval relative to these conditions of approval. 64. Phased Improvements. Right-of-way dedication and installation of PW First Final Map public improvements may be done in phases as indicated on the Tentative Map and Site Development Review, subject to the review and approval of the City Engineer. With each phased Final Map, the City Engineer shall identify all improvements necessary to serve and 17 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: access the phased lots created. All rights-of-way and improvements, including utilities and traffic signal installation and modifications, identified by the City Engineer for construction within the boundaries of each phase of the development shall be required with the Final Map for that phase. In addition, the City Engineer may require the Developer to perform off-site grading in order to conform site grading to the adjacent grade outside of the phase proposed for development. 65. Private street and common area subdivision improvements. PW First Phase of Common area improvements, private streets, private alleys and all Improvement other subdivision improvements owned or maintained by the Plans homeowners' and/or property owners' association(s) are subject to review and approval by the City Engineer prior to Final Map approval and shall be included in the Tract Improvement Agreement for each respective tract. Such improvements include, but are not limited to: curb & gutter, pavement areas, sidewalks, access ramps & driveways; enhanced street paving; parking spaces; street lights (wired underground) and appurtenances; drainage facilities; utilities; landscape and irrigation facilities; open space landscaping; stormwater treatment facilities; striping and signage; and fire hydrants. 66. Private Street Easements. Public Utility Easements (PUE), Sanitary PW First Phase of Sewer Easements (SSE) and Water Line Easements (WLE) shall be Improvement established over the entire private street right-of-ways within all Plans subdivisions. The PUE, SSE and WLE dedication statements on each Final Map are to recite that the easements are available for, but not limited to, the installation, access and maintenance of sanitary and storm sewers, water, electrical and communication facilities. Project entry monument signs and walls shall not be located within these easements. 67. Private Street Easements. The Developer shall dedicate PW Final Emergency Vehicle Access Easements (EVAE) over the clear Acceptance of pavement width of all private streets and alleys. Easement Project geometry shall be subject to the approval of the City Engineer and Fire Marshall. 68. Intersections: The design of the intersections shall be generally as PW Improvement shown on the Tentative Map and the Site Development Review. The Plans Developer shall submit details of typical intersection layout showing the design for the ramps, sidewalks, lane lines, turn lanes, entry walls, stop signs, landscape planters, street trees, crosswalk locations and decorative pavement to be approved by the City Engineer prior to the submittal of the Improvement Plans. Final design details shall be subject to review and approval by the City Engineer. 69. Monuments. Final Maps shall include private street monuments to PW Improvement be set in all private streets. Private street monuments shall be set at Plans all intersections and as determined by the City Engineer. 70. Stormwater Source Control. "No Dumping Drains to Bay" storm PW Prior to drain medallions per City Standard Detail CD-704 shall be placed on Issuance of all public and private storm drain inlets. Building Permits 71. Curb Ramps: Curb ramp layouts are not approved at this time. The PW Prior to number, location and layout of all curb ramps shall be reviewed and Grading approved by the City Engineer with the Improvement Plans 18 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: associated with each Final Map. All pedestrian ramps shall be designed and constructed to provide direct access to marked or unmarked crosswalks. Each pedestrian ramp shall be oriented such that it is aligned and parallel to the marked or unmarked crosswalk it is intended to serve. Pedestrian ramps serving more than one marked or unmarked crosswalk shall not be provided, unless specifically approved by the City Engineer. 72. Trash Enclosures. The Developer shall construct trash enclosures PW Improvement at the site. Trash enclosures shall at a minimum meet all Plans requirements set forth in the Dublin Municipal Code (DMC) Section 7.98, and be approved by the trash collection company for the site (currently AVI). The Developer shall directly coordinate with AVI for their review and approval. The Developer shall submit written verification to the Public Works Department that AVI has reviewed and approved the trash enclosure size, location and design. 73. Utilities. All new utility service connections, including electrical and PW/PL Prior to communications, shall be installed underground. Electrical Issuance of transformers shall be installed in underground vaults within an Building appropriate utility easement or public service easement. Permits 74. Landscape Plans. Developer shall submit design development PW Final Map Landscape Plans with the first plan check for the street improvement Approval plans and final map for each respective tract. The Landscape Plans shall show details, sections and supplemental information as necessary for design coordination of the various civil design features and elements including utility location to the satisfaction of the City Engineer. Complete Landscape Plans shall be concurrently approved with the Tract Improvement Agreement and Final Map. 75. Street Light and Joint Trench Plans. Streetlight Plans and Joint PW In Conjunction Trench Plans shall be submitted with the first plan check for the with the Final street improvement plans and final map for each respective tract. Map or by The final streetlight plan and joint trench plan shall be completed Separate prior to Final Map approval for each respective subdivision. Instrument Prior to Occupancy 76. Geotechnical Investigation. The Developer shall submit a design PW Improvement level geotechnical investigation report defining and delineating any Plans seismic hazard. The report shall be prepared in accordance with guidelines published by the State of California. The report is subject to review and approval by a City selected peer review consultant prior to the acceptance of each Final map. The applicant shall pay all costs related to the required peer review. The recommendations of those geotechnical reports shall be incorporated into the project plans subject to the approval of the City Engineer. 77. Soils Report. The Developer shall submit a detailed soils report PW Improvement prepared by a qualified engineer, registered with the State of Plans California. The required report shall include recommendations regarding pavement sections for all project streets including Arnold Drive, Martinelli Way, and Hacienda Drive and all internal streets. Grading operations shall be in accordance with recommendations contained in the required soils report and grading shall be supervised by an engineer registered in the State of California to do such work. 78. Geotechnical Engineer Review and Approval. The Project PW [PL] On-going Geotechnical Engineer shall be retained to review all final grading 19 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: plans and specifications. The Project Geotechnical Engineer shall approve all grading plans prior to City approval and issuance of grading permits. 79. Grading. The disposal site and haul truck route for any off-haul dirt PW Prior to materials shall be subject to the review and approval by the City Working Engineer prior to the approval the improvement plans or issuance of Within the a Grading Permit. If the Developer does not own the parcel on Public Right of which the proposed disposal site is located, the Developer shall Way provide the City with a Letter of Consent, signed by the current owner, approving the placement of off-haul material on their parcel. A grading plan may be required for the placement of the off-haul material. 80. Underground Obstructions. Prior to demolition, excavation and PW Prior to Start grading on any portion of the project site, all underground of Public obstructions (i.e., debris, septic tanks, fuel tanks, barrels, chemical Improvements waste) shall be identified and removed pursuant to Federal, State and local regulations and subject to the review and approval by the City. Excavations shall be properly backfilled using structural fill, subject to the review and approval of the City Engineer. 81. Record Drawings. At the completion of construction, the Developer PW Prior to shall provide the Public Works Department bond and electronic Release of (PDF) copies of the civil, joint trench and landscape plans indicating Bonds all changes that were made during construction. 82. Storm Drain Video. Private and public storm drain pipes shall be PW Improvement videoed per the City of Dublin requirements. Notes specifying Plans and procedures shall be included on the improvement plans. prior to release of bonds 83. Water Quality Treatment. The provided Stormwater Management PW Improvement Plan included with the Tentative Map is approved in concept only. Plans The final Stormwater Management Plan is subject to City Engineer approval prior to approval of the Tract Improvement Plans. Approval is subject to the developer providing the necessary plans, details, and calculations that demonstrate the plan complies with the standards of the Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (MRP). 84. Non-City Agencies. The Applicant/Developer will be responsible for PW Improvement submittals and reviews to obtain the approvals of all participating Plans non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 85. Hydrology and Hydraulic Calculations. Hydrology and Hydraulic PW Improvement Calculations shall be provided for the design of the site storm drain Plans system. 86. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable Alameda County Issuance of Fire, Dublin Public Works Department, Dublin Building Department, Building Dublin Police Services, Alameda County Flood Control District Zone Permits 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this 20 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 87. Utility Siting Plan. The Applicant/Developer shall provide a final PW, PL Prior to Utility Siting Plan showing that transformers and service boxes are Issuance of placed outside of public view where possible and/or screened to the Grading satisfaction of the Community Development Director and City Permits Engineer. Applicant/Developer shall place all utility infrastructures underground including electric, telecommunications, cable TV, and gas in accordance with standards enforced by the appropriate utility agency. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer prior to installation. 88. Emergency Vehicle Access Easement Dedications. PW, F In Conjunction Applicant/Developer shall dedicate all needed emergency vehicle with the Final access easements from each adjacent public street to all fire access Map or by roads surrounding the site and buildings as defined by Alameda Separate County Fire Department and to the satisfaction of the City Engineer. Instrument Prior to Occupancy AGREEMENTS AND BONDS 89. Tract Improvement Agreement. The Developer shall enter into a PW Final Map Tract Improvement Agreement with the City of Dublin for all public improvements including any required offsite storm drainage or roadway improvements that are needed to serve the Tract that have not been bonded with another Tract Improvement Agreement. 90. Long Term Encroachment Agreement. The Developer shall enter PW Final Map into an "Agreement for Long Term Encroachments" with the City of Dublin to allow the HOA and/or POA to maintain the landscape and decorative features within the public right-of-way including frontage and median landscaping, decorative pavement and special features (i.e. walls, portals, benches, etc.) as generally shown on the Site Development Review exhibits. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Homeowner's and/or Property Owners' Association will be responsible for maintaining the surface of all decorative pavements including restoration required as a result of utility repairs. 91. Stormwater Treatment Measures Maintenance Agreement. The PW Final Map Developer shall enter into a "Stormwater Treatment Measures Maintenance Agreement" (O&M Agreement) with the City of Dublin that guarantees the perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.h of RWQCB Order R2-2009-0074 for the issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. This condition shall not apply if the water quality treatment measures are maintained by a GHAD or other public entity. 92. Security. The Developer shall provide Faithful Performance security PW Final Map (100%), and Labor & Materials security (100%), to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. 21 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 93. Maintenance Security. Upon acceptance of the improvements, the PW Acceptance of Faithful Performance security may be replaced with a maintenance Improvements bond that is 25% of the value of the Faithful Performance security. The maintenance bond is returned to the Developer within one year of City acceptance of the improvements. FEES 94. The Developer shall pay all applicable fees in effect at the time of PW Zone 7 and building permit issuance including, but not limited to, Planning fees, Parkland In- Building fees, Dublin San Ramon Services District fees, Public Lieu Fees due Facilities fees, Dublin Unified School District School Impact fees, prior to Final Public Works Traffic Impact fees, Alameda County Fire Services Map; fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Other Fees Alameda County Flood and Water Conservation District (Zone 7) required with Drainage and Water Connection fees and any other fees except and issuance of as otherwise noted in the Development Agreement. building permits 95. Parkland In-Lieu Fees. The Developer shall dedicate parkland or PW Prior to Filing pay in-lieu fees in the amounts and at the times set forth in City of Final Map Dublin Resolution No. 60-99, or in any resolution revising these amounts and as implemented by the Administrative Guidelines adopted by Resolution 195-99. PERMITS 96. Encroachment Permit. Developer shall obtain an Encroachment PW Start of Work Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 97. Grading/Sitework Permit. Developer shall obtain a PW Start of Work Grading/Sitework Permit from the Public Works Department for all grading and private site improvements that serves more than one lot or residential condominium unit. 98. Other Agency Permits. Developer shall obtain all permits required PW Issuance of by other agencies including, but not limited to Alameda County Flood Permit/Start of Control and Water Conservation District Zone 7, California Work Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. SUBMITTALS 99. All submittals of plans and Final Maps shall comply with the PW Improvement requirements of the "City of Dublin Public Works Department Plan or Final Improvement Plan Submittal Requirements", and the "City of Dublin Map Improvement Plan Review Check List". 100. The Developer will be responsible for submittals and reviews to PW Improvement obtain the approvals of all participating non-City agencies. The Plans or Final Alameda County Fire Department and the Dublin San Ramon Map Services District shall approve and sign the Improvement Plans. 101. Developer shall submit a Geotechnical Report, which includes street PW Grading/Impro pavement sections and grading recommendations. vement Plans or Final Map 102. Developer shall provide the Public Works Department a PDF file and PW Acceptance of digital vectorized file of the "master" CAD files for the project when 22 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: the Final Map has been approved. Digital raster copies are not Improvements acceptable. The digital vectorized files shall be in AutoCAD 14 or and Release higher drawing format. Drawing units shall be decimal with the of Bonds precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. FINAL MAP 103. All Final Maps shall be substantially in accordance with the Tentative PW Approval of Maps approved with this application, unless otherwise modified by Final Map these conditions. Multiple final maps may be filed in phases, provided that each phase is consistent with the tentative map, that phasing progresses in an orderly and logical manner and adequate infrastructure is installed with each phase to serve that phase as a stand-alone project that is not dependent upon future phasing for infrastructure. 104. All rights-of-way and easement dedications required by the Vesting PW Approval of Tentative Map shall be shown on the Final Map. Final Map 105. Any phasing of the final mapping or improvements of a Vesting PW Approval of Tentative Map is subject to the approval and conditions of the City Final Map Engineer. 106. Street names shall be assigned to each public/private street PW Approval of pursuant to Municipal Code Chapter 7.08. The approved street Final Map names shall be indicated on the Final Map. 107. All Final Maps shall include street monuments to be set in all public PW Monuments to streets. be shown on Final Map and installed prior to acceptance of Improvements EASEMENTS 108. The Developer shall obtain abandonment from all applicable public PW Approval of agencies of existing easements and right of ways that will no longer Improvement be used. Plans and Final Map 109. The Developer shall acquire easements, and/or obtain rights-of-entry PW Approval of from the adjacent property owners for any improvements on their Improvement property. The easements and/or rights-of-entry shall be in writing Plans and and copies furnished to the City Engineer. Final Map GRADING 110. The Grading Plan shall be in conformance with the PW Approval of recommendations of the Geotechnical Report, the approved Grading Plans Tentative Map and/or Site Development Review, and the City design or Issuance of standards & ordinances. In case of conflict between the soil Grading engineer's recommendations and City ordinances, the City Engineer Permit. shall determine which shall apply. 111. A detailed Erosion Control Plan shall be included with the Grading PW Approval of Plan approval. The plan shall include detailed design, location, and Grading Plans maintenance criteria of all erosion and sedimentation control or Issuance of measures. Grading Permit. 23 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 112. Tiebacks or structural fabric for retaining walls shall not cross PW Approval of property lines, or shall be located a minimum of 2' below the finished Grading Plans grade of the upper lot. or Issuance of Grading Permit. 113. Bank slopes along public streets shall be no steeper than 3:1. The PW Approval of toe of any slope along public streets shall be one foot back of Grading Plans walkway. The top of any slope along public streets shall be three or Issuance of feet back of walkway. Minor exception may be made in the above Grading slope design criteria to meet unforeseen design constraints submit to Permits, and the approval of the City Engineer. Ongoing IMPROVEMENTS 114. The public improvements shall be constructed generally as shown PW Approval of on the Vesting Tentative Map and/or Site Development Review. Grading/Impro However, the approval of the Tentative Map and/or Site vement Plans Development Review is not an approval of the specific design of the or issuance of drainage, sanitary sewer, water, and street improvements. grading permits. 115. All public improvements shall conform to the City of Dublin Standard PW Approval of Plans and design requirements and as approved by the City Grading/Impro Engineer. vement Plans or Start of Construction. 116. Martinelli Way. The Developer shall dedicate two feet (2') of right- PW Final Map of-way and install street improvements along the project's Martinelli Way frontage. Required street improvements include, but are not limited to: removal of existing asphalt concrete sidewalk; construction of new ten foot (10') wide Class I pedestrian/bike trail and four foot (4') wide (inclusive of curb) landscape strip; driveways; curb ramps; street trees; irrigation and relocation of utilities. Developer shall also install root barriers adjacent to both sidewalk and back of curb within landscape strip. 117. Arnold Road — North of Project Driveway. The Developer shall PW Final Map construct frontage improvements along Arnold Road, north of the project driveway, such that the curb-to-median curb width is twenty six feet (26') and include a twelve foot (12') travel lane, six foot (6) bike lane and eight foot (8') parking lane. The Developer shall also install a five foot (5') (inclusive of curb width) monolithic sidewalk. Required roadway improvements on Arnold Road north of the Project driveway shall include, but are not limited to: curb, gutter, sidewalk, curb ramps, drainage structures and relocation of utilities. 118. Arnold Road — North of Project Driveway. Approximately 12-18 PW Final Map feet of excess right-of-way behind the new back-of-walk shall be vacated with the first Final Map for the project in accordance with Subdivision Map Act Sections 66434(g) and 66436. The new right- of-way line shall coincide with the new back-of-walk. 119. Arnold Road — South of Project Driveway. The Developer shall PW Final Map dedicate right-of-way and construct frontage improvements along Arnold Road, south of the project driveway, such that the curb-to- median curb width is twenty six feet (26') and include a twelve foot (12') travel lane, six foot (6) bike lane and eight foot (8') parking lane. The Developer shall also install a five foot (5') (inclusive of 24 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: curb width) monolithic sidewalk. 120. Arnold Road cul-de-sac. The Developer shall dedicate and secure PW First Final Map the dedication of right-of-way and install complete roadway and requiring utility improvements for the construction of a new cul-de-sac at the frontage current southern terminus of Arnold Road near the southwest corner improvement of the project. The Developer shall facilitate and secure the on Arnold dedication of right-of-way required on the adjacent Alameda County Road Surplus Property Authority (ACSPA) parcel necessary for the construction of the new cul-de-sac. Dedication of the required right- of-way by ACSPA shall be recorded prior to approval of the First Final Map that requires frontage improvements on Arnold Road. 121. Arnold Road cul-de-sac. Required roadway and utility PW First Final Map improvements for the Arnold Road cul-de-sac shall include, but are requiring not limited to: removal/reconstruction of existing median nose, frontage removal of existing traffic islands, installation of pavement, curb, improvement gutter, sidewalk, curb ramps, driveways, drainage structures, utilities, on Arnold street lights, and fire hydrants. The minimum curb-to-curb diameter Road for the cul-de-sac shall be ninety six feet (96'). Final design of cul- de-sac and connection to Alta Mirano Avenue shall be subject to review and approval of the Fire Marshall and the City Engineer. 122. Arnold Road cul-de-sac. The Developer shall use diligent PW First Final Map commercially reasonable efforts to obtain, at its cost, any right-of- requiring way, access rights and other consents and approvals from affected frontage property owners necessary to complete improvements for the Arnold improvement Road cul-de-sac; provided, however, that if the Developer is unable, on Arnold through the use of diligent commercially reasonable efforts, to obtain Road the necessary right-of-way, access rights and other consents and approvals for any portion of the Arnold Road cul-de-sac (an "Unacquired Portion") by the date that is six months before the date construction is scheduled to Commence, the Developer shall so notify the City in writing, and either: a. City shall procure the necessary right-of-way, access rights and other consents and approvals for the applicable Unacquired Portion and shall seek to gain possession of the Unacquired Portion within a timeframe that will not delay Developer's schedule. Developer's obligation to Commence Construction with respect to the applicable Unacquired Portion shall be tolled until City has procured the necessary right-of-way, access rights and other consents and approvals; or b. If City has not procured the necessary right-of-way, access rights and other consents and approvals within two years after the date Construction Commenced on the Arnold Road cul-de-sac, Developer shall be released from its obligations under these Conditions of Approval and any of the other approvals with respect to the construction of the cul-de-sac. The Developer shall then be responsible for construction of the alternate `hammerhead' turnaround as shown on the Vesting Tentative Map. 123. Public streets shall be at a minimum 1% slope with minimum gutter PW Approval of flow of 0.7% around bumpouts. Private streets and alleys shall be at Grading/Impro minimum 0.5% slope. vement Plans or Start of 25 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: Construction. Ongoing 124. Curb Returns on arterial and collector streets shall be 40-foot radius, PW Approval of all internal public streets curb returns shall be minimum 30-foot Grading/Impro radius (36-foot with bump outs) and private streets/alleys shall be a vement Plans minimum 20-foot radius, or as approved by the City Engineer. Curb or Start of ramp locations and design shall conform to the most current Title 24 Construction. and Americans with Disabilities Act requirements and as approved Ongoing by the City Traffic Engineer. 125. All landscaping and any architectural structure shall be no more than PW Improvement 30 inches tall inside the Visibility zone established by a Safe Plans Stopping Sight Distance at the project entrances on Martinelli Way and Arnold Road. The Safe Stopping Sight Distance shall be based on the 35 MPH on Martinelli Way and 30 MPH on Arnold Road. The sight distances shall be prepared by a Traffic Engineer and shall be reviewed and approved by the City Traffic Engineer. 126. Decorative pavers, stamped concrete or other similar non-standard PW Approval of pavement sections shall not be installed on any public right of way, Grading/Impro unless the design and location is reviewed and approved by the City vement Plans Engineer. In general, decorative pavement (pavers, or similar non- or Start of standard pavement sections) shall not be installed over traffic Construction. detector loops, inside crosswalks or within thirty feet (30') of any Ongoing crosswalk or STOP bar. Decorative pavements shall not interfere with the placement of traffic control devices, including pavement markings. Maintenance costs of the decorative paving shall be the responsibility of the Homeowners Association. 127. Median Landscaping. Median landscaping at the main entrance to PW Improvement the site from Martinelli Way shall not exceed maximum height for Plans and sight distance requirements. ongoing 128. Utility Design. All utility design including but not limited to storm PW Geotechnical drain and storm water treatment measures shall be located as not to Report and compromise the integrity of the building foundations for Improvement excavation/maintenance of utility is needed. Geotechnical Engineer Plans Report shall address the clearance required. 129. Bike Lanes on Arnold Drive. Bike Lanes shall be provided along PW Improvement the frontage of the project on Arnold Road. Bike lane design shall be Plans reviewed and approved by the City Traffic Engineer. 130. TDM Plan. Developer shall prepare a Transportation Demand PW Prior to Management Plan (TDM) Plan as per the SEIR mitigations. The Approval of TDM plan shall be reviewed and approved by the City Traffic Final Map Engineer prior to implementation and shall include additional TDM measures for residential development beyond those that are noted in the SEIR. 131. Class 1 Trail. Developer shall construct a Class 1 Trail at least 10 PW Improvement feet wide with adequate clearances from the intersection of Martinelli Plans Way and Hacienda Drive, south along the Hacienda Drive frontage and west along the southern property frontage, to the southern terminus of Arnold Drive to connect to the trail along Altamirano Way, and as approved by the City Engineer. 132. Traffic Signal and Median Modifications. Developer shall modify PW Improvement traffic signal at the intersection of Martinelli Way and project Plans driveway, and at Martinelli Way and Hacienda Drive. The medians 26 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: along Martinelli Way and Hacienda Drive shall be modified to accommodate safe turning movements and overall traffic circulation. The changes to the intersection at Martineli Way and Hacienda Drive will trigger significant changes to the signal operations along Hacienda Drive. Developer shall pay for any needed operational changes including traffic consultant costs for updating signal coordination plans, and field implementation of operational changes at the intersection. Developer shall submit any traffic signal operational changes to the City Traffic Engineer for review and approval prior to field implementation. Developer shall install a traffic monitoring camera and associated equipment at the intersection of Hacienda Drive and Martinelli Way. 133. Trash Capture. The project Stormwater Management Plan shall PW Improvement incorporate full trash capture measures such as screens, filters or Plans CDS/Vortex units to address the requirements of Provision C.10 of the Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (MRP) to the satisfaction of the City Engineer. 134. Stormwater Treatment. Developer shall incorporate source control PW Improvement measures, stormwater treatment measures, and trash capture Plans measures into the site design as required pursuant to Provision C.3 and C.10 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2009-0074, CAS612008. 135. The Developer shall install all traffic signs and pavement marking as PW Occupancy of required by the City Engineer. Units or Acceptance of Improvements 136. Street light standards and luminaries shall be designed and installed PW Occupancy of per approval of the City Engineer. The maximum voltage drop for Units or streetlights is 5%. Acceptance of Improvements 137. The Developer shall construct bus stops and shelters at the PW Occupancy of locations designated and approved by the LAVTA and the City Units or Engineer. The Developer shall pay the cost of procuring and Acceptance of installing these improvements. Bus stops shall have a bus pull-out Improvements with an entry taper of 40 feet, exit taper of 80 feet and the bus landing area 80 feet long and 12 feet deep. All bus stops shall have the electricity connection for any future upgrades to electronic signs as per LAVTA guidelines and/or standards. 138. Developer shall construct all potable and recycled water and sanitary PW Occupancy of sewer facilities required to serve the project in accordance with Units or DSRSD master plans, standards, specifications and requirements. Acceptance of Improvements 139. Fire hydrant locations shall be approved by the Alameda County Fire PW Occupancy of Department. A raised reflector blue traffic marker shall be installed in Units or the street opposite each hydrant. Acceptance of Improvements 140. The Developer shall furnish and install street name signs for the PW Occupancy of project to the satisfaction of the City Engineer. Units or Acceptance of Improvements 141. Developer shall construct gas, electric, cable TV and communication PW Occupancy of improvements within the fronting streets and as necessary to serve Units or 27 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: the project and the future adjacent parcels as approved by the City Acceptance of Engineer and the various Public Utility agencies. Improvements 142. All electrical, gas, telephone, and Cable TV utilities, shall be PW Occupancy of underground in accordance with the City policies and ordinances. Units or All utilities shall be located and provided within public utility Acceptance of easements and sized to meet utility company standards. Improvements 143. All utility vaults, boxes and structures, unless specifically approved PW Occupancy of otherwise by the City Engineer, shall be underground and placed in Units or landscape areas and screened from public view. Prior to Joint Acceptance of Trench Plan approval, landscape drawings shall be submitted to the Improvements City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. CONSTRUCTION 144. Construction Hours. Standard construction and grading hours PW On-going as shall be limited to weekdays (Monday through Friday) and non-City needed holidays between the hours of 7:30 a.m. and 5:30 p.m. The Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 145. Construction Trash/Debris. Measures shall be taken to contain all PW, B, PL Prior to construction related trash, debris, and materials on-site until disposal Construction off-site can be arranged. The Applicant/Developer shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 146. Construction Fencing. The use of any temporary construction PL, PW, B Prior to fencing shall be subject to the review and approval of the City Issuance of Engineer and the Building Official. Building Permits 147. Erosion Control during Construction. Applicant/Developer shall PW Ongoing as include an Erosion and Sediment Control Plan with the Grading and needed Improvement plans for review and approval by the City Engineer. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1St and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 148. If archaeological materials are encountered during construction, PW Ongoing as construction within 100 feet of these materials shall be halted until a needed professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 149. Developer shall prepare a construction noise management plan that PW Start of 28 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: identifies measures to be taken to minimize construction noise on Construction, surrounding developed properties. The plan shall include hours of Implementatio construction operation, use of mufflers on construction equipment, n, and speed limit for construction traffic, haul routes and identify a noise Ongoing as monitor. Specific noise management measures shall be provided needed prior to project construction. 150. Developer shall prepare a plan for construction traffic interface with PW Start of public traffic on any existing public street. Construction traffic and Construction, parking may be subject to specific requirements by the City Implementatio Engineer. n, and Ongoing as needed 151. The Developer shall be responsible for controlling any rodent, PW Ongoing mosquito, or other pest problem due to construction activities. 152. The Developer shall be responsible for watering or other dust- PW Ongoing palliative measures to control dust as conditions warrant or as directed by the City Engineer. 153. The Developer shall provide the Public Works Department with a PW Issuance of letter from a registered civil engineer or surveyor stating that the Building building pads have been graded to within 0.1 feet of the grades Permits or shown on the approved Grading Plans, and that the top & toe of Acceptance of banks and retaining walls are at the locations shown on the Improvements approved Grading Plans. STORM WATER QUALITY (NPDES) 154. Prior to any clearing or grading, the Developer shall provide the City PW Start of any evidence that a Notice of Intent (NOI) has been sent to the California construction State Water Resources Control Board per the requirements of the activities NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 155. The Storm Water Pollution Prevention Plan (SWPPP) shall identify PW SWPPP to be the Best Management Practices (BMPs) appropriate to the project prepared prior construction activities. The SWPPP shall include the erosion control to approval of measures in accordance with the regulations outlined in the most improvement current version of the ABAG Erosion and Sediment Control plans, Handbook or State Construction Best Management Practices implementatio Handbook. The Developer is responsible for ensuring that all n prior to start contractors implement all storm water pollution prevention measures of construction in the SWPPP. and ongoing as needed 156. Prior to issuance of any building permit, complete improvement DSRSD Issuance of plans shall be submitted to DSRSD that conform to the requirements Building of the Dublin San Ramon Services District Code, the DSRSD Permits "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 157. All mains shall be sized to provide sufficient capacity to DSRSD Issuance of accommodate future flow demands in addition to each development Improvement project's demand. Layout and sizing of mains shall be in Plans conformance with DSRSD utility master planning. 158. Sewers shall be designed to operate by gravity flow to DSRSD's DSRSD Issuance of existing sanitary sewer system. Pumping of sewage is discouraged Improvement 29 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: and may only be allowed under extreme circumstances following a Plans case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 159. Domestic and fire protection waterline systems for Tracts or DSRSD Issuance of Commercial Developments shall be designed to be looped or Improvement interconnected to avoid dead end sections in accordance with Plans requirements of the DSRSD Standard Specifications and sound engineering practice. 160. DSRSD policy requires public water and sewer lines to be located in DSRSD Issuance of public streets rather than in off-street locations to the fullest extent Improvement possible. If unavoidable, then public sewer or water easements Plans must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 161. Prior to approval by the City of a grading permit or a site DSRSD Issuance of development permit, the locations and widths of all proposed Improvement easement dedications for water and sewer lines shall be submitted Plans to and approved by DSRSD. 162. All easement dedications for DSRSD facilities shall be by separate DSRSD Issuance of instrument irrevocably offered to DSRSD or by offer of dedication on Improvement the Final Map. Plans 163. Prior to approval by the City for Recordation, the Final Map shall be DSRSD Issuance of submitted to and approved by DSRSD for easement locations, Improvement widths, and restrictions. Plans 164. Prior to issuance by the City of any Building Permit or Construction DSRSD Issuance of Permit by the Dublin San Ramon Services District, whichever comes Building first, all utility connection fees including DSRSD and Zone 7, plan Permits checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 165. No sewer line or waterline construction shall be permitted unless the DSRSD Issuance of proper utility construction permit has been issued by DSRSD. A Improvement construction permit will only be issued after all of the items in the Plans condition immediately above have been satisfied. 166. Prior to issuance by the City of any Building Permit or Construction DSRSD Issuance of Permit by the Dublin San Ramon Services District, whichever comes Building first, all improvement plans for DSRSD facilities shall be signed by Permits the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 30 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 167. The applicant shall hold DSRSD, its Board of Directors, DSRSD Issuance of commissions, employees, and agents of DSRSD harmless and Building indemnify and defend the same from any litigation, claims, or fines Permits resulting from the construction and completion of the project. 168. Improvement plans shall include recycled water improvements as DSRSD Issuance of required by DSRSD. Services for landscape irrigation shall connect Improvement to recycled water mains. Applicant must obtain a copy of the DSRSD Plans Recycled Water Use Guidelines and conform to the requirements therein. 169. Above ground backflow prevention devices/double detector check DSRSD Issuance of valves shall be installed on fire protection systems connected to the Improvement DSRSD water main. The applicant shall collaborate with the Fire Plans Department and with DSRSD to size and configure its fire system. The applicant shall minimize the number of backflow prevention devices/double detector check valves installed on its fire protection system. The applicant shall minimize the visual impact of the backflow prevention devices/double detector check valves through strategic placement and landscaping. 170. A utility plan showing routing of improvements and demolition of DSRSD Issuance of existing utilities (if any). Zone 7 Turnout and DSRSD Fluoride Improvement Storage Facility shall be shown on final plans. Plans 171. DSRSD has major water infrastructure in the area in the form of DSRSD Ongoing pipelines going from DSRSD Turnout 4 to customers. Applicant shall ensure that the DSRSD infrastructure is not damaged or compromised during the construction of this project. 172. DSRSD maintains radio communications links between Turnout 4 DSRSD Occupancy of and Pump Station 10A and Reservoir 10A for transmission of first tenant SCADA information. Applicant plans will be reviewed to ensure the space communications links will remain unbroken Applicant, DSRSD and City of Dublin will coordinate to be sure this DSRSD communications link will remain operative and reliable after construction. 173. Development plans will not be approved until landscape plans are DSRSD Issuance of submitted and approved. Sitework Permit 174. Grading for construction shall be done with recycled water. DSRSD Ongoing 175. Temporary potable irrigation meters in areas with recycled water DSRSD Ongoing service shall only be allowed for cross-connection and coverage testing for a maximum of 14 calendar days. 176. Where the narrow width of a proposed alley or cul-de-sac would DSRSD Issuance of make the standard spacing between water mains and sewer mains Sitework unworkable, the developer must request an exemption from Permit DSRSD's standard spacing requirements between mains. Such an exemption may be granted, but only if: 1. The spacing between the sewer and water main is the maximum width possible using the proposed width of the alley. 2. In no case is the spacing between the sewer and water main less than five (5) feet measured edge to edge. 3. The vertical separation between the water line and the sewer line is at least one (1) foot with the sewer line deeper than the water line. 4. The material for the water line is Class 200 pressure rated PVC water pipe (DR 14 per AWWA C900-97 & C905-97) and the material for the sewer main is PVC pipe using bell and spigot joints using rubber gaskets meeting the requirements of ASTM D3034, SDR26, 31 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: cell classification 12454-B or 12454-C. Developer should be aware that the exemption is not guaranteed to be granted, but may be granted if all special provisions for the narrow alleyway are followed. 177. The project is located within the District Recycled Water Use Zone DSRSD Issuance of (Ord. 301), which calls for installation of recycled water irrigation Sitework systems to allow for the future use of recycled water for approved Permit landscape irrigation demands. Recycled water will be available as described in the DSRSD Water Master Plan Update, December 2005. Unless specifically exempted by the District Engineer, compliance with Ordinance 301, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services requirements for recycled water irrigation design. 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XX - 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY LLC RELATING TO THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNS 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. A request has been made by Stockbridge/BHV Emerald Place Land Company LLC ("Applicant") to enter into a Development Agreement with the City of Dublin for the property known as The Green Mixed Use Project site, which includes properties identified by Assessor Parcel Numbers 986-0033-004-00, 986-0033-005-00, and 986-0033-006-00, encompassing approximately 27.5 acres; and B. The Applicant is proposing to obtain approvals for a development project that includes the construction of six residential neighborhoods with 372 units in multiple buildings and a complementary commercial district with approximately 37,000 square feet of future retail and restaurant buildings with associated outdoor seating areas and a full range of site improvements; and C. The project is the subject of a Supplemental Environmental Impact Report (SEIR), State Clearinghouse No. 2013072032. On , the City Council approved Resolution -14, certifying the Final SEIR for the project, and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project. The Development Agreement was part of the Project analyzed in the SEIR and the impacts of the activities under the Development Agreement were analyzed in the SEIR; and D. The Applicant has applied for a Development Agreement which will vest the Project Approvals. E. The Planning Commission held a public hearing on the proposed Development Agreement on August 26, 2014, for which public notice was given by law; and F. The Planning Commission made its recommendation to the City Council for approval of the Development Agreement by Resolution. G. A public hearing on the proposed Development Agreement was held before the City Council on , 2014 for which public notice was given as provided by law. H. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan; (c) the Eastern Dublin Specific Plan, (d) The Green Mixed Use Project SEIR; (e) the Staff Report; (f) information in the entire record of proceeding 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 Eastern Dublin Specific Plan in that: (a) the Development Agreement incorporates the objectives policies, general land uses and programs in the General Plan and Specific Plan (as amended); 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 because the Development Agreement does not amend the uses or regulations in the applicable land use district. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan as articulated in Resolution No. -14, amending the Eastern Dublin Specific Plan, adopted by the City Council on , 2014. 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, Eastern Dublin Specific Plan, and future Project Approvals and Conditions of Approval. 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 (as amended), the Eastern Dublin Specific Plan (as amended), and future Project Approvals. 6. The Development Agreement 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. 2 Section 4. RECORDATION Within ten (10) days after the Development Agreement takes effect and 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 and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2014 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPk20131PLPA-2013-00013 The Green GPA-SPA-PDICC 09.16.141Attxx-DA Ord.docx 3 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGEBHV EMERALD PLACE LAND COMPANY, LLC FOR "THE GREEN" PROJECT 1 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 BHV/STOCKBRIDGE EMERALD PLACE LAND COMPANY, LLC, a Delaware Limited Liability Company, its successors and assigns ("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 owns certain real property ("the Property") consisting of approximately 27.5 acres of land at the south side of Martinelli Way between Hacienda Drive to the east and Arnold Drive to the west, (APNs 986-0033-004-00; 986-0033-005-02 and 986-003- 006-00) and that is more particularly described in Exhibit A attached hereto and is incorporated herein by reference. 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 proposed project (the "Project"), including, without limitation, a General Plan Amendment and Eastern Dublin Specific Plan Amendment (Resolution. No. , adopted by the City Council on , 2014); a Planned Development Zoning and Stage 1 and Stage 2 Development Plan and Rezoning Ordinance (Ordinance No. , adopted by the City Council on , 2014), Site Development Review (for the commercial portion or the project and the residential portion of the project as separate applications) and a Vesting Tentative Map 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." D. The Project includes construction of a mixed-use residential and commercial project including up to 40,000 gross square feet of retail and restaurant floor area and up to 400 residential dwelling units on the site, landscaped plazas and open spaces as well as grading of the site, extension of utilities, and related improvements. 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 and the Eastern Dublin Specific Plan as amended and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. 2 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 Eastern Dublin Specific Plan area, which was the subject of a Program Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH 4 91103064), certified by the City Council in Resolution No. 51-93 ("`Eastern Dublin EIR"). The Eastern Dublin EIR identified Significant impacts from development of the Eastern Dublin area, including the Property site, some of which could not be mitigated to less than significant. Upon approval of the Eastern Dublin General Plan Amendment and Specific Plan, the City Council adopted mitigations, a mitigation monitoring program, and a Statement of Overriding Considerations. L In 2004, the City approved amendments to the General plan and Eastern Dublin Specific Plan to change the land use designation on the 27.5 acre site from Campus Office to general Commercial that would have allowed an IKEA furniture store and other commercial uses on the site. The City certified a Supplemental EIR(the "IKEA EIR") SCH 4 2003092076 to assess the impacts of that land use change, and that SEIR was certified on March 16, 2004 by City Council Resolution No. 44-04. In 2008, the City approved a Stage 2 Planned Development Rezoning, Site Development review and a Development Agreement for a 305,000 square foot shopping center on the site. An Addendum was adopted along with the approval of the Stage 1 Planned Development Rezoning in 2007. The Addendum concluded that the potentially significant impacts of developing the site had been adequately described and analyzed in the Eastern Dublin EIR and the IKEA EIR and that no new or more severe significant impacts would result from future development of the site. J. For the Project, the City prepared an Initial Study to determine if additional review of the proposed Project was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared a Supplemental EIR, dated (Resolution. No. adopted by the City Council on ), describing the Project and identifying new impacts of the Project, some of which could not be mitigated to a less than significant level, as well as new mitigation measures for the proposed Project in addition to those addressed in the Eastern Dublin EIR and the IKEA EIR. Upon approval of the Dublin General Plan Amendment and Specific Plan Amendment, Stage 1 and Stage 2 Development Plan and PD Rezoning, Site Development Review (Commercial Buildings only), Vesting Tentative Subdivision Map and this Development Agreement, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations. K. On 2014, the City Council adopted Ordinance No. approving this Development Agreement ("the Approving Ordinance"). The Approving Ordinance will take effect on ("the Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: 3 AGREEMENT 1. DESCRIPTION OF PROPERTY. The Property that is the subject of this Agreement is described in Exhibit A attached hereto ("Property"). 2. INTEREST OF DEVELOPER. The Developer has a legal interest in the Property in that it is the owner of the Property. 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 Developer joint venturers or partners. 4. EFFECTIVE DATE, TERM, COMMUNITY BENEFIT CONTRIBUTION, AND AFFORDABLE HOUSING OBLIGATIONS 4.1 Effective Date. The effective date of this Agreement shall be the Approval Date ("Effective Date"). 4.2 Term. The term of this Agreement shall commence on the Effective Date and extend five (5) years thereafter. 4.3 Optional Extension. Prior to the termination of this Development Agreement, as provided in Section 4.2, Developer may extend the term of the Development Agreement. To do so, Developer shall give City written notice at least ninety (90) days prior to the termination of the date of the Development Agreement. At the time Developer provides such notice, Developer shall make a contribution to City in the amount of Two Hundred Thousand Dollars ($200,000). Upon receipt of the notice and the contribution, the City Manager shall approve the extension and shall notify the Developer in writing that the term of the Development Agreement has been automatically extended for an additional one-year period, commencing on the date the Development Agreement would otherwise have terminated. The Developer may exercise its option to extend the Development Agreement no more than five (5) times, for a maximum total term of the Development Agreement of ten years. The total contribution for maximum extension of five (5) years will be One Million Dollars ($1,000,000). 4.4 Termination on Sale of Individual Lots. Notwithstanding the foregoing Sections 4.2 and 4.3, 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 (where the lease is for a period longer than one (1) year) to a member of the public or any other ultimate user. City shall cooperate with Developer, 4 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 afore described lots) may submit to confirm the termination of this Agreement as to any such lot. 4.5 Community Benefit Contribution and Affordable Housing. The Developer shall provide a Community Benefit Payment in accordance with Exhibit B (the "Community Benefit Contribution Schedule") attached hereto and made a part hereof. The Developer shall meet its obligations for the provision of affordable housing under the Dublin Municipal Code in accordance with the provisions of Exhibit C (the "Affordable Housing Schedule") attached hereto and made a part hereof. The provisions of this Section 4.5 survive the expiration of this Agreement. The provisions Exhibit B, Community Benefits, shall survive the termination of this Agreement. 4.6 Term of Map and Project Approvals. The term of any Project Approvals and (pursuant to California Government Code Section 66452.6(a)), the term of any vesting tentative map described above shall automatically be extended until the later of the following: (1) the end of the term of this Agreement; or(2)the end of the term or life of such vesting tentative map otherwise given pursuant to the Subdivision Map Act or local regulation not in conflict with the Subdivision Map Act. 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, such as to Site Development Review or Tentative Map project approvals, once effective, shall become part of the law Developer is vested into without an additional amendment of this Agreement. 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 location and maintenance of on-site and off-site improvements, parking standards, procedures for and standards governing building design, 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 Engineering and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing engineering, improvement and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the 5 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 Uniform Codes Applicable. The Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical, and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. 5.6 Phasing, Timing. The parties agree that the Project will generally be constructed in phases, in accordance with Exhibit D ("Phasing Plan"), attached hereto and made a part hereof. Subsequently Enacted Rules and Regulations. The parties agree that pursuant to California Government Code Section 66456.1, Developer may file multiple final maps. 5.7 New Rules and Regulations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property, which were not in force and effect on the Effective Date of this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement only if. (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, or otherwise require any reduction in the square footage or total number or location of buildings, residential units, other improvements or parking spaces, change or limit the land uses or limit the density or intensity of the Project or any part thereof or impose a substantial financial burden on, or materially delay development of the Property, all as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules, regulations, or official policies have general applicability. Consistent with Government Code Section 66498.2 (applicable to vesting tentative maps), in the event City subsequently changes its ordinances, policies or standards during the term of this Agreement, such changed ordinances, policies, or standards shall automatically apply to secure the vested right for Developer to proceed with the Project under such changes, provided Developer notifies City in writing that it elects to apply such changes and clearly specifies such changes to the City's ordinances, policies and standards. 5.8 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. 5.9 Moratorium Shall Not Apply. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, referendum or otherwise, that imposes a building moratorium, a limit on the rate of development or a voter-approval requirement which affects the Project on all or any part of the Property, the City agrees that such ordinance, resolution or other measure shall 6 not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code § 8558. 6. SUBSEQUENTLY ENACTED OR REVISED FEES, ASSESSMENTS AND TAXES. 6.1 Impact Fees, Exactions Dedications. City and Developer agree that this Agreement does not limit the City's discretion to impose or require payment of any fees in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, the dedication of any land, or the construction of any public improvement or facilities. City agrees, however, that it will not impose any such fees other than those that were already in effect on the Effective Date. Furthermore, Developer agrees that, notwithstanding any rights it may obtain under its vesting tentative map, the City may increase any such existing fees applicable to the Project, payment of which are typically required at building permit or final map approval, even if those fees or charges were increased after the Effective Date or after Developer's application for the vesting tentative map was deemed complete. 6.2 Revised Application Fees. Any existing application, processing and inspection fees that are revised during the term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective only; and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. 6.3 New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. 7. AMENDMENT OR CANCELLATION. 7.1 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. 7.2 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. 7.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding Paragraph 7.2, 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 7 Paragraph 5.2; (c) the density or intensity of 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. 7.4 Cancellation By Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to this Agreement prior to the date of cancellation shall be retained by the City. 8. ANNUAL REVIEW. 8.1 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. 8.2 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. 8.3 Staff Reports. To the extent practical, the City shall deposit via electronic mail to Developer a copy of all staff reports, and related exhibits concerning contract performance at least three (3) days prior to any annual review. 8.4 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. 9. DEFAULT. 9.1 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. The foregoing notwithstanding, the Parties agree that the remedy of termination may only be exercised in the event of a material breach of this Agreement after notice and a public hearing as set forth in Dublin Municipal Code Chapter 8.56; and provided further, that a default by any Transferee approved by the City shall not be deemed a default by Developer or any other Transferee hereunder. 9.2 Notice and Cure. Upon the occurrence of an event of default by either party, the non-defaulting 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 non-defaulting party may then commence any legal or equitable action to enforce its 8 rights under this Agreement;provided, however, that, if the default cannot be cured within such thirty (30) day period, the non-defaulting 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. 9.3 No Damages Against CitX. 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. 10. 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. 11. MORTGAGEE PROTECTION: CERTAIN RIGHTS OF CURE. 11.1 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. 11.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 11.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that 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. A breach of any obligation secured by any mortgage or the lien against the mortgaged interest or a foreclosure under any mortgage 9 or other lien shall not by itself defeat, diminish, render invalid or unenforceable, or otherwise impair the obligations or rights of Developer under this Agreement, 11.3 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, at its option, 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. City, through its City Manager, may grant a sixty (60) day cure period which can be extended for not more than an additional one-hundred and twenty (120) days upon request of Developer or a Mortgagee. 12. 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. 13. 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. 14. TRANSFERS AND ASSIGNMENTS. 14.1 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 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, conditioned or delayed. In determining the reasonableness of any consent or failure to consent, the City Manager shall consider whether the proposed Transferee has sufficient development experience and creditworthiness to perform the obligations to be transferred. The foregoing notwithstanding, the following shall not be deemed a"Transfer" for purposes of this Agreement: (i) any sale, pledge, assignment or other transfer of the entire Project Site to an affiliate of Developer and (ii) any change in the corporate form of Developer or its Affiliates such that a transfer from a limited liability company to a corporation or partnership that does not affect or 10 change the beneficial ownership of the Project Site; provided, however that Developer shall provide to the City written notice of such permitted change with such backup materials or information reasonably requested by the City. In addition, Developer has the right to enter into service contracts with third parties, including but not limited to construction and other service contracts, to perform work required by Developer under this Agreement. No such contract shall be deemed a Transfer under this Agreement. 14.2 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 reasonably acceptable to the City Manager, concurrently with such sale, transfer, or assignment. 14.3 Release Upon Transfer. Upon the transfer, sale, or assignment of all or a portion of Developer's rights, interests, and obligations hereunder pursuant to Paragraph 14.1 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. If a Transferee assumes the obligations of Developer with respect to a portion of the Developer's rights, interests and obligations hereunder, if such Transferee defaults under this Agreement, such default shall not constitute a default by Developer or its Affiliates or any other Transferee not affiliated with the defaulting party and no default by Developer or its Affiliates with respect to its remaining obligations hereunder shall constitute a default by any Transferee not affiliated with Developer.. 14.4 Developer's Right to Retain Specified Rights or Obligations. Notwithstanding Paragraph 14 of this Agreement, 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. 15. 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 acquiring the Property, or any portion thereof, or 11 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. 16. BANKRUPTCY. The obligations of this Agreement shall not be dischargeable in bankruptcy. 17. 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. 18. INSURANCE. 18.1 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. 18.2 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. 18.3 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 12 in Sections 18.1 and 18.2 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. 19. 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 Facsimile: (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Stockbridge/BHV Emerald Place Land Company, LLC c/o Stockbridge Real Estate Funds 4 Embarcadero Center, Suite 3300 San Francisco, CA 94111 Attention: Mr. Stephen Pilch Telephone: (415) 658-3349 Facsimile: (415) 658-3449 With copies to: Gibson, Dunn & Crutcher LLP 555 Mission Street, Suite 3000 San Francisco, CA 94105 Attention: Mary G. Murphy, Esq. Telephone: (415) 393-8257 Facsimile: (415) 374-8480 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, electronic mail, 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. 20. EXTENSION DUE TO LEGAL ACTION, REFERENDUM OR EXCUSABLE DELAY. 20.1 Litigation Challenging Agreement. If any litigation is filed challenging this Agreement (including, but not limited to any CEQA determinations) or the validity of this Agreement or any of its provisions, or if this Agreement is suspending pending the outcome of 13 an electoral vote on a referendum, then the Term shall be extended and Developer's performance of any obligations hereunder for the number of days equal to the period starting from the commencement of the litigation or the suspension to the end of such litigation or suspension. 20.2 Excusable Delay. In the event of changes in state or federal laws or regulations, inclement weather, delays due to strikes, inability to obtain materials, civil commotion war acts of terrorism, fire, acts of God, litigation, or other circumstances beyond the control of Developer and not proximately caused by the acts or omissions of Developer that substantially interfere with carrying out the Project or any portion thereof or with the ability of Developer to perform its obligations under this Agreement (collectively, along with the matters set forth in Section 20.1 above, "Excusable Delay"), the parties agree to extend the time periods for the performance of Developer's obligations impacted by the Excusable Delay. In the event an Excusable Delay occurs, Developer shall notify the City in writing of its belief of the existence of an Excusable Delay within thirty (30) days after the beginning of any such Excusable Delay. If the Parties agree that an Excusable Delay exists, the time or times for performance of obligations of Developer, as well as the Term of this Agreement, shall be extended for the period of the Excusable Delay. This provision shall not apply to Developer's obligations under Exhibit C. 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 Exhibit B Community Benefits Exhibit C Affordable Housing Exhibit D Phasing Plan 23. COUNTERPARTS. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 24. RECORDATION. The City shall record a copy of this Agreement within ten (10) days following execution by all parties. [Execution Page Follows] 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. STOCKBRIDGE/BHV EMERALD PLACE CITY OF DUBLIN LAND COMPANY, LLC, a Delaware limited liability company By: By: STOCKBRIDGE FUND II/EMERALD Christopher L. Foss, City Manager PLACE INVESTMENT COMPANY, LLC, STOCKBRIDGE PLACE INVESTMENT COMPANY, LLC, STOCKBRIDGE FUND E/EMERALD PLACE INVESTMENT COMPANY, LLC, each a Delaware limited liability company and a"Stockbridge Member" By: STOCKBRIDGE REAL ESTATE PARTNERS II, LLC, a Delaware limited liability company, manager of each of the foregoing By: Stephen Pilch Managing Director Attest: Caroline Soto, City Clerk Approved as to form John Bakker, City Attorney (NOTARIZATION ATTACHED) 15 Exhibit A Lead Descrintion The Green at Park Pface for Stye 2 Devebprnent Pan SutaVttaf Land Diaserlptlon of real property situate in the City of Dublin,County of Alamed a, State of California, being m ore particularly d escri be d as follows: Parcels 1,2, and A of Parcel Map 9262,filed on June 19,2007,in Book 299 of Parcel Maps at Pages 69 through 79,inclusive, Official Records of Alameda County. Excepting therefrom,that portion of Parcel I conveyed to the State of California, recorded on September 27, 2012 as Instrument No. 2012-316839, Official Records of Alameda County. END OF DESCR I FTON APN 9WO03 3-005-02 Affects Parcel 1 APN 996-003 3-004 Affects Parcel A APN 9WO03 3-006 Affects Parcel 2 Exhibit B COMMUNITY BENEFITS The Developer shall provide a community benefit contribution in the aggregate amount equal to the number of dwelling units in the project (currently estimated at 372) multiplied by $7,500. The aggregate amount of the Community Benefit Contribution, based on the current estimated unit count of 372 units, is Two Million Seven Hundred Ninety Thousand Dollars ($2,790,000) (the "Community Benefit Aggregate Contribution") and shall be paid in the following amounts and manner, subject to Excusable Delay. The number of units attributable to any particular neighborhood or parcel may increase up to 400 units or decrease from the representative amounts shown on the vesting tentative map. If the number of units proposed for Site Development Review increases or decreases, as the case may be, the Community Benefit Contribution shall increase or decrease, by $7,500 per additional unit, and the contribution amount below shall by increased or decreased, to reflect the number of units in each neighborhood. The number of units shall be determined at the time a purchase and sale agreement with a third party buyer is consummated or(if Developer or an affiliate is developing the neighborhood),a permit is issued for the construction of a vertical building (the "Vertical Building Permit"). 1. Method and Timing of Payment. The Project currently is planned for 372 residential units and additional commercial development. Developer has identified six neighborhoods in the project that are depicted in the attached diagram. The following table identifies the lots shown on the approved tentative map that are in each neighborhood along with the proposed number of approved units in each neighborhood: Neighborhood Lot Nos. on No. of Units Contribution Tentative Map Amount 1 1-16 84 $630,000 2 17-24, 27-32 93 $697,500 3 50-60 60 $450,000 4 37-42, 44-48 72 $540,000 5 33-34, 42-43 39 $292,500 6 25-26, 35-36 24 $180,000 Totals 372 $2,790,000.00 If Developer or an affiliate is developing the building, such party shall contribute the amount associated with each neighborhood prior to issuance of the first Vertical Building Permit within 1 the neighborhood, or if a third party buyer is purchasing a portion of the Project Site, within thirty (30) days following the close of escrow of the sale of any portion of the applicable neighborhood. 2. Use of Community Benefit Contribution. Initially, Developer shall pay the City forty percent (40%) of the required contributions and deposit the remaining sixty percent (60%) of the required contribution in an escrow account controlled by the City and Developer (the "Escrow Account"). The funds in the Escrow Account are to be used to pay the Dublin San Ramon Services District capacity reserve fees for local and regional sewage systems for restaurant users within the Project as directed by City and Developer. The contributions shall be apportioned in such manner until such time as the aggregate amount of contributions to the Escrow Account equals Eight Hundred and Fifty Thousand Dollars ($850,000). Thereafter, one hundred percent (100%) of the required contributions shall be paid directly to the City. Any funds remaining in the Escrow Account one year after the issuance of building permits in the project that would result in the construction of 190 or more units shall be paid to the City. All provisions in this Exhibit B, Community Benefits, shall survive the expiration of this Agreement. 2 ATTACHMENT TO EXHIBIT B .emu i U 111i. 1 Gl,�ll r�f��1�A {ra �u Neighborhood 1 _a �� Neighborhood 3 j f --- -- —� Nerghborhood2 Neighborhood ��'`_ ��eighborhood4 "fffh - Neighborhood 5 l- _ r �n` � / Lt 111LW11i111Lt1i111LL11J1i1111ll1i1111 1 111i111ll11i1 LLW I I f 1.114 "` { . 3 Exhibit C AFFORDABLE HOUSING Developer proposes the development of 372 residential units on the Property. Pursuant to the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal Code) ("the Regulations"), developers of more than 20 residential units are required to set aside 12.5% of the units in the project as affordable units as therein specified. Developer is therefore obligated to provide forty-seven (47) affordable units ("Affordable Housing Obligation"). Under the Regulations, certain exceptions permit developers to satisfy the obligation other than through on-site construction. For instance, part of this obligation can be satisfied through the payment of a fee in-lieu of construction ("In-Lieu Fees"). In addition, developers can satisfy their affordable housing obligations by, among other mechanisms, obtaining City Council approval of an alternative method of compliance that the City Council finds meet the purposes of the Regulations. Developer shall satisfy its Affordable Housing Obligation through the following "alternative method of compliance" under City Code Sec. 8.68.040E: 1. On-Site Affordable Units. The Developer shall provide over the course of the development of the Project Site fourteen (14) affordable units within the project (the "On-Site Units"), which number shall be adjusted to reflect thirty percent (30%) of Developer's 12.5% affordable unit obligation, should the total number of residential units in the project increase or decrease. Unless the Community Development Director otherwise finds that the On-Site Units will be reasonably dispersed through the Project, the individual neighborhoods shall contain the following number of units: Neighborhood 1, 3 units; Neighborhood 2, 4 units; Neighborhood 3, 2 units; Neighborhood 4, 3 units; Neighborhood 5, 1 unit; and Neighborhood 6, 1 unit. Dublin Municipal Code Section 8.68.030.13 shall govern the allocation between low and moderate units within the On-Site Units and Section 8.68.030.E shall govern unit mix and design of the On-Site Units. Developer shall enter into an Affordable Housing Agreement within 180 days of the Effective Date of this Agreement. 2. In Lieu Fee Payments. The Developer shall pay to the City a Fee In Lieu of Construction for 16 units of the Affordable Housing Obligation in either of the following amounts: (1) $1,600,000 no later than one hundred and eighty (180) days after the Effective Date of this Agreement (subject to Excusable Delay); or (2) An amount equal to the then-applicable Affordable Housing In-Lieu Fee for 16 units in the amount and at the time required by Resolution 56-02. 3. Affordable Housing Credits. The Developer shall purchase directly from Eden Housing seventeen (17) affordable housing credits in an amount equal to $100,000 per credit, or One Million Seven Hundred Thousand Dollars in the aggregate. ($1,700,000). The Developer shall purchase the Affordable Housing Credits from Eden no later than one hundred and eighty (180) days from the Effective Date of this Agreement, subject to Excusable Delay 1 (the "Credit Deadline"). The credits shall be immediately applied to satisfy 17 units of the Affordable Housing Obligation. If Eden Housing does not have such credits when Developer is required to satisfy this obligation, then Developer will pay the City One Million Seven Hundred Thousand Dollars ($1,700,000)within five (5) calendar days of the Credit Deadline. This payment will satisfy Developer's obligation for 17 units of the Affordable Housing Obligation. The City will use such funds to acquire affordable housing credits directly from Eden, if they are created, and apply them retroactively to satisfy 17 units of the Affordable Housing Obligation. 4. Adjustment Based on Total Unit Count. If, for whatever reason, the total number of dwelling units constructed on the Project Site is less than 372, the number of On-Site Units and In-Lieu fees shall be proportionately reduced , such that the Aggregate Affordable Housing Obligation equals 12.5% of the total number of dwelling units in the Project except that the Aggregate Affordable Housing Obligation shall not be reduced as to In-Lieu Fees already paid or housing credits already purchased and applied. If, for whatever reason, the total number of dwelling units constructed on the Project Site is more than 372, the number of On-Site Units and In-Lieu fees shall be proportionately increased, such that the Aggregate Affordable Housing Obligation equals 12.5% of the total number of dwelling units in the Project. 5. Affordable Housing Agreement. In order to ensure compliance with Chapter 8.68 of the Dublin Municipal Code,-Developer shall enter into an Affordable Housing Agreement prior to the issuance of the first Vertical Building Permit for the Project. The City Manager is authorized to enter into such an agreement that is consistent with the requirements of this exhibit. 2 Exhibit D PHASING PLAN The Parties agree that the Project may be developed in phases and that Developer shall have the right to develop the Project in development phases in such order and time, and with such characteristics (subject to the Project Approvals) as Developer determines in the exercise of its selective business judgment, except as specifically provided below: The City may withhold building permits that would result in the development of more than 190 residential units on the Project Site until such time as Developer has obtained occupancy for buildings 400, 500, 600, 700, and 800 as illustrated in attached diagram. The Parties acknowledge and agree that Developer cannot control the timing of the leasing or tenancy of such retail buildings and Developer's obligations hereunder shall not include the completion of tenant improvements or furniture, fixtures, and equipment. 3 ATTACHMENT TO EXHIBIT D hmYMy r .r, r�/ u/ 1 -1 Y pp "IT w d1(iiw >Mat 7' '�u; " r 6W ka 4 aerir * ' mine A (• r � f LJJ w«Md w i ` �a r�r Lmr7 t��f'� �I �u 18� I f d v'i/ I weeatw�Pd(�ruGu 1, . s;,u mr�} ., ' ".. mnw ,wmrrw•.arr mu-x^,w ^+m macro-roe, wnr r",'f'� C, r retie ^� % .. d I� �atw�aueai.cis t�tnA,4"sa�ua aulu'�.¢iJ1i.�ru a.aanu i i[aai w Jlr b'4J Y}P%°ALHGiXY.Fl .m W Vol 1.S_ART It wIY ft trV • f �w` C tl� 4 DRAFT DRAFT Planning Commission Minutes kkM� Tuesday, August 26, 2014 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 26, 2014, in the City Council Chambers located at 100 Civic Plaza. Chair Bhuthimethee called the meeting to order at 7:02:07 P Present: Chair Bhuthimethee; Vice Chair Goel; Commissioners Do, O'Keefe, and Kohli; Luke Sims, Community Development Director; Jeff Baker, Assistant Community Development Director; Kit Faubion, City Attorney; Kristi Bascom, Principal Planner; Marnie Delgado, Senior Planner. and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA — NONE MINUTES OF PREVIOUS MEETINGS — On a motion by Cm. Do and seconded by Cm. Kohli, on a vote of 4-0-1, Cm. Goel being absent, the Planning Commission approved the minutes of the August 12, 2014 meeting. ORAL COMMUNICATIONS — NONE CONSENT CALENDAR.— NONE WRITTEN COMMUNICATIONS — NONE PUBLIC HEARINGS — 8.1 PLPA-2014-0017 Dublin Bicycle and Pedestrian Master Plan and associated amendments to the Dublin General Plan, Eastern Dublin Specific Plan, Dublin Village Historic Area Specific Plan, Downtown Dublin Specific Plan and Dublin Zoning Ordinance. Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report. Ms. Delgado introduced, Andrew Russell, City Engineer, who presented an overview of the Dublin Bicycle and Pedestrian Master Plan. Chair Bhuthimethee asked if the term "complete streets" refers to all modes of transportation, i.e., cars, bicycles and pedestrians. Mr. Russell answered yes and added that it also includes mass transit, trucks, commercial and emergency vehicles. He stated that it is important to look at the surrounding land use context and the functional classification of the street to determine what a complete street is and emergency vehicles are part of that. Cm. Goel asked if there are more current statistics for collisions. 111fanning Gamrni�sion ,4,26,20(4 DRAFT DRAFT Mr. Russell responded that, at the time the update was prepared, there were no updated statistics. Cm. Goel asked if there were any particular areas of concern. Mr. Russell answered that he is not aware of any areas of concern. Cm. Goel asked, when creating the project priority list of three main projects, were any considerations made for citywide equity. Mr. Russell responded that the document focused on the downtown area because the pedestrian element was noted in the Downtown Dublin Specific Plan (DDSP). He stated that some of the current developments have integrated bike lanes and sidewalk as connections to transit, but he was not aware of a decision made for equity across the city. It was discussed in the workshops and was a focus of the participants. Cm. Goel asked if the plan identifies areas where current businesses are located or future development not yet built (i.e., paths to and from Fallon Gateway, Lowes and the Kaiser parcel). Mr. Russell answered yes; he stated that the plan identifies approximately $10 million of bike improvements and $5 million of pedestrian improvements outside of the priority projects. He stated that the vast majority of bike improvements are slated to be completed by the developer or property owner who is responsible for frontage improvements, i.e., sidewalk, curb and gutter, a bike lane and a lane of traffic. He felt it would be a $7 million-$2.5 million split between what the developer would fund and what the city would need to integrate into a Capital Improvement Plan (CIP). Cm. Goel asked if there is a section in the plan that addresses public perception related to citywide equity. He felt that the priority list includes only west side projects and nothing on the east. Mr. Russell felt that the master plan would not be the venue to discuss that issue. He stated that, as Dublin has developed, infrastructure has been built to support the development, and in areas where the property owner has not developed the property, the City would not expect the infrastructure to be completed which can cause connectivity issues at times. He stated that, where possible, the City has tried to integrate temporary pedestrian and bike facilities if there is room, but there is a cost and the City Council would need to prioritize those expenditures. Cm. Goel referred to "access to and from schools" in the plan and asked what the school district's concerns were. Mr. Russell responded that the focus of the 2007 plan was connectivity to trails, parks and recreation activities, as well as bike lanes on streets. Staff worked with the school district on the Safe Routes to School program. He felt that the school district was concerned with taking school impacts into consideration as projects are approved. He stated that environmental documents are always shared with the school district. He stated that there is a project under construction currently that hopes to provide bike transit opportunities to Dublin High School which would be the integration of a buffered bike lane on Village Parkway. He stated that Staff presented the concept to the City Council as a complete streets element that can be integrated 111fanning Gmnrni�sion ,4,26,20(4 DRAFT DRAFT because the right-of-way exists, and simply re-stripe the street and improve active transportation to and from the high school to downtown Dublin. Cm. Kohli asked about the progress of discussions with Pleasanton and CalTrans regarding a joint solution to the overcrossing issue. Mr. Russell stated that the 2007 plan identified the freeway overcrossing as a concern of bicyclists and it was identified in the update as a concern for both bicyclists and pedestrians. He stated that Staff meets regularly with the City of Pleasanton and that the City of Pleasanton is conducting a project at San Ramon Road/Foothill Road and 1-580 that will integrate bike lanes. He stated that Staff is meeting with the City of Pleasanton and Cal Trans on August 27, 2014 to discuss the issue. Cm. Kohli expressed concern with pedestrian/bike safety at the Fallon Road/El Charro Road overcrossing. Mr. Russell responded that the freeway on-ramps and overcrossings are controlled by CalTrans; the city limit line is on the north side of the freeway so they have to work with Pleasanton on any issue. He stated that the previous improvements did not have the "complete streets" philosophy in their design; therefore, there is not adequate room for pedestrians and bikes. He stated that Staff realizes the need for those improvements and the hope is to identify funding sources and work with CalTrans and Pleasanton to team up on projects. The overcrossings are an element of the current plan that is important. The Alamo Canal Trail is an example of linking Dublin to Pleasanton, totally separate from vehicle traffic, which is an ideal situation, but limited in applicability to the rest of the City. Cm. Kohli asked what the best time estimate would be for a resolution between the stakeholders regarding the overcrossing issue. Mr. Russell was unsure when the issue would be resolved. He stated that he is not aware of any specific project that either Dublin or Pleasanton is working on with CalTrans beyond the Pleasanton project on Foothill Road. He stated that, as future development comes up, pedestrian and bike facilities will be integrated. He felt that Staff has confidence in the Plan and crossing the freeway is extremely important and Pleasanton acknowledges the same thing. Cm. Kohli agreed and felt that everyone agrees that it needs to be expedited. Chair Bhuthimethee was concerned with the safety of the overpass at San Ramon Road/Foothill Road and 1-580 within Dublin. Mr. Russell received some concerns regarding the current conditions and the Public Works Staff is meeting with Pleasanton and CalTrans to discuss potential alternatives. Chair Bhuthimethee asked Mr. Russell to share some of Staff's discussions regarding the bike lanes on Dublin Blvd. She felt that the connectivity and safety along Dublin Blvd is not the best, especially when there are not a lot of alternatives. Mr. Russell responded that the Dublin Blvd corridor was mentioned in the 2007 plan and was extensively studied for the update. He stated that one of the original alternatives was widening Dublin Blvd to allow for a paved bike lane and the 6 lanes of traffic. He mentioned some near 111fanning Gmnrni�sion ,4,26,20(4 DRAFT DRAFT term solutions were discussed, such as widening the sidewalk on the south side, and reducing the lanes from 6 to 4. He stated that options are limited due to the fact that Dublin Blvd is a reliever route to the freeway and a major east/west connector. He stated that, after a community meeting, there was a suggestion that there should be something to formalize that bikes have the right to be on the road. The solution was to install "sharrows" and signing on Dublin Blvd as a bike route. He felt that there could be some room to narrow the lanes closest to the medians and provide a wider lane along the curb. He stated that the plan attempts to cover a wide spectrum of bike users, and a lot of people are not comfortable on Dublin Blvd. Cyclists can ride on the sidewalk and the City will provide sharrows on the street. He stated that they are also looking for alternatives to Dublin Blvd. He felt that St. Patrick Way will be an alternative route and improvements under the freeway for both bikes and pedestrians will be installed. Staff does not want to create a project that will cost millions of dollars but has a limited chance to be funded. He cautioned that to widen or narrow the road would create delays and congestion which Staff could not support; therefore, Staff went to City Council for direction. Chair Bhuthimethee asked if the City could ask new tenants to include bicycle racks. Jeff Baker, Assistant Community Development Director, stated that, under the Green Building Code for tenant improvements, new tenants would be required to provide bike parking. Chair Bhuthimethee opened the public hearing. Kristi Marleau, resident and board member of Bike East Bay, spoke in favor of the project. Rich Guarienti, resident, spoke in favor of the project. He was concerned with connectivity within the City and felt that the Planning Commission should take that into consideration when reviewing each new development. He felt the biggest challenges were Dublin Blvd. and the freeway overcrossings. Bill Anderson, resident, spoke regarding the project and was concerned with connectivity (east/west) within the City, the safety of Dublin Blvd. and the overcrossings. Chair Bhuthimethee closed the public hearing. Mr. Russell responded to the comment regarding east/west connections in the City. He stated that the plan includes improvements along Dublin Blvd as well as the intersection of Village Pkwy. and Amador Valley Blvd is intended to be retrofitted to be more pedestrian friendly. Cm. Kohli stated that he is in support of the project, and asked that Staff provide an update to the Planning Commission on their discussions with Pleasanton and CalTrans regarding the overcrossing issue. He asked the other Commissioners if they had any suggestions regarding how to make Dublin Blvd safer for bikes. Chair Bhuthimethee agreed with Cm. Kohli but felt that, if the City is committed to encouraging a healthy community and wants the residents to do more walking and biking, the City must be committed to solving these types of problems. Cm. Kohli felt that Staff has done a great job of working with the stakeholders, but the overcrossing issue is out of our hands because it involves another cities and CalTrans. He asked if the Planning Commission can recommend a more sense of urgency regarding that 111fanning Gamrni�sion ,4,26,20(4 DRAFT DRAFT issue. He suggested more organized sessions that bring in City Council, Commissioners, and community members to continue to keep it a topic. He understood the limitations and suggested working with developers who want to build along the Dublin Blvd. corridor to bring other ideas forward. He asked if anyone had any further ideas on how to help with the process. Cm. O'Keefe felt that there are two options to address Dublin Blvd. and neither option will work and for reasons that are outside the Planning Commission purview. He felt that the issue has been reviewed thoroughly and it's been determined that it is not possible. Cm. Goel stated that there is a county-wide bike and pedestrian plan that was developed, with input from the cities within the county. The county plan also works towards procurement of funds and identification of priority projects. Dublin's priority projects will be identified at the county wide level and they also prioritize key corridor elements. He stated that the county-wide plan is under review currently by the Transportation Commission for Alameda County and the coordination between the various cities and CalTrans is communicated to the Commission. He felt that the plan is comprehensive. He stated that there is some gridlock near BART corridor and that developers should consider pedestrian overpasses and critical corridors for underpasses and connectivity to trails and retail. He congratulated Staff for their hard work on the plan. He stated that he is in support of the plan. Cm. Do commended Staff for their work on the plan, is in support of the plan and can't wait to see it implemented. Cm. O'Keefe thanked Cm. Goel for explaining the document and providing feedback. He stated that he is in support of the project. Chair Bhuthimethee agreed with the other Commissioners and thanked the public who commented and participated in the workshops. She commended Staff for their hard work which shows the City's commitment to pedestrian and cyclist connectivity. She stated that when the Planning Commission and Staff review developments, connectivity is part of that review because it is important to the Planning Commission. She felt that marking lanes is essential for safe travels. Cm. Kohli felt the plan is solid and asked Staff to provide an update on the discussion with the City of Pleasanton and CalTrans regarding the overcrossing issue. He also encouraged the City Council, the public, Staff and the Commission to come up with suggestions to improve on the plan. On a motion by Cm. Goel and seconded by Cm. Do, on a vote of 5-0, the Planning Commission unanimously adopted: RESOLUTION NO. 14 - 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN GENERAL PLAN, EASTERN DUBLIN SPECIFIC PLAN, DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN, DOWNTOWN DUBLIN SPECIFIC PLAN AND DUBLIN ZONING ORDINANCE FOR THE PROPOSED CITY OF DUBLIN BICYCLE AND PEDESTRIAN MASTER PLAN 1111,�anntnfl Gmrtrni�s�m ,4,26,20(4 DRAFT DRAFT RESOLUTION NO. 14 - 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR THE CITY OF DUBLIN BICYCLE AND PEDESTRIAN PLAN AND RELATED AMENDMENTS TO THE DUBLIN GENERAL PLAN, EASTERN DUBLIN SPECIFIC PLAN, DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN, DOWNTOWN DUBLIN SPECIFIC PLAN AND DUBLIN ZONING ORDINANCE 8.2 PLPA-2013-00013 The Green Mixed Use Project - General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Rezoning with related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and Supplemental Environmental Impact Report. Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Cm. Kohli asked how long the land has been designated commercial. Ms. Bascom answered that the land has been designated commercial since 2004. She stated that the land was originally campus office but was changed to commercial when the IKEA project was approved in 2004. Cm. Kohli asked if the current Applicant has been involved with the land since the beginning. Ms. Bascom answered yes; the current Applicant was involved with the IKEA project as well as the 305,000 sf commercial center. Chair Bhuthimethee opened the public hearing. Jerry Hunt, Applicant, spoke in favor of the project. He pointed out that, when developing the current project, they took into consideration not just the property, but the surrounding properties and how they would be affected by the project. The Green project was designed to create a public gathering space, with a sense of pride for the community with quality restaurants and residential that will complement Persimmon Place. He also stated that there will be multiple bike racks and they will be installing bike lanes on Martinelli Way and Arnold Road. Hans Baldauf, Architect, spoke in favor of the project. He stated that the Applicant wanted to optimize the location and its proximity to a transit oriented district; the retail portion of the site is within a 10 minute walking distance to the BART station and pointed out the connectivity with the surrounding uses. He stated that they designed the project to complement the Persimmon Place project. He also spoke regarding the architecture for the commercial portion and presented a video fly-by showing the project; he added comments regarding the wind study that was done, as well as the type of shade that will be available at the project. 1111,�anntnfl Gmrnni�s�m ,4,26,20(4 DRAFT DRAFT Cm. Do asked about their plan for delivery trucks at the service entrances for the commercial component, and if they have a plan to prevent BART riders from parking at the project. Mr. Hunt responded that there will be security monitoring of the parking lot as the retail tenants will require it. He stated that most of the commercial tenants will be smaller businesses that will require only small trucks for deliveries. He stated that the service areas will operate and function like a small pad building. Mr. Baldauf stated that most deliveries would occur in the double loaded parking field at the rear of the buildings, early in the day, before most customer parking will occur. He stated that the double loaded parking on each side allows the street to be closed and access is still provided. With street closures, they can actually gain space on special days. Cm. Kohli complimented the Applicant for their presentation and thanked Staff for their work on the project. He felt that, with The Persimmon project being built, it seems like there is an uptake in retail wanting to come into Dublin. He asked what market trends they studied and what drove the Applicant towards the mixed-use development instead of staying with the commercial land use designation and bringing a development forward that is pure commercial/retail. Mr. Hunt answered that he has always done retail projects, not residential. He felt that the original Green project would have been a wonderful project, but the market changed and the nature of retail business changed. He felt that there is not enough depth in retail to build 300,000 sf of retail/commercial on their property in addition to the 165,000 sf at Persimmon Place. He felt that there are few transit oriented district opportunities in the Bay Area and this is the best and the most important. He did not feel that a car dealer or a big box store would be appropriate on the property. He stated that he tried to create a project that brings two acres of public amenities. Chair Bhuthimethee noticed from the EIR that there is no sound wall along 1-580 and asked if it will be part of the residential portion. Mr. Hunt responded that the Planning Commission will be able to review that part of the project when the Site Development Review for the residential portion comes forward. Mr. Baker clarified that the Planning Commission is reviewing and making a recommendation on the environmental document. Chair Bhuthimethee asked to see a site plan of the project and asked about the green circles shown along 1-580. Bill Smith, Smith and Smith Landscape Architect, pointed out the CalTrans line along 1-580. He stated that, behind the fence on the site side, there are many substructure utilities. In between the utilities they are proposing to plant evergreen trees and vegetation to help break up the area. He stated that they are proposing a multi-use trail in the area that will connect to Iron Horse Trail. Chair Bhuthimethee was under the impression that there would be no trees in that area. Mr. Smith stated that they will work with CalTrans to determine where they can plant trees and shrubs. 111fanning Gmnrni�sion ,4,26,20(4 DRAFT DRAFT Chair Bhuthimethee mentioned that the EIR stated an issue is air quality and one mitigation measure is, to the greatest degree possible, to plant vegetation, trees and shrubs along project site boundary along I-580. Ms. Bascom stated that the landscape plan included in the packet, Sheet L.13.0, is the concept landscape plan that the Planning Commission will review. She stated that there is a Condition of Approval for the project that states, should the Applicant be able to enhance the area with trees and additional landscaping, Staff will support that. She wanted to ensure that the Planning Commission understood that this area may not be a lushly landscaped area. She added that Staff will mandate that the Applicant do whatever they can to landscape the area, but there is no guarantee of landscaping in that area due to utility conflicts. Eddie Sieu, RJA, spoke regarding the public utilities and storm drain easements on the south perimeter of the project that include gas lines, telephone lines, joint trench and an 84" storm drain. Those utilities currently exist and trees will be planted between them to satisfy the utility agencies requirements for horizontal separation. Ms. Bascom stated that Staff asked the Applicant to show in the plan a realistic depiction of what will be there. Chair Bhuthimethee asked if another crosswalk could be installed across Hacienda Drive, on the south side of Martinelli Way, at the Lazy Dog Cafe to the new development. Obaid Khan, Traffic Engineer, responded that Public Works has reviewed the issue of connecting the current project to Hacienda Crossings by enhancing the crosswalks with textures to match Martinelli Way. He stated that, in order to enhance connectivity, the Applicant has proposed to convert the road, running parallel to the 580 freeway, to a Class I trail (bike and pedestrian trail) and creating a cul-de-sac at the end of Arnold Road which will provide a connection from Hacienda Crossings to the BART station. He stated that cyclist or pedestrians can use the Class I bike trail to avoid using Dublin Blvd. Mr. Baker felt that the question was about an additional crosswalk at the south side of Martinelli Way which would connect to the new development and asked Mr. Khan to explain why there will not be an enhanced crosswalk at that corner. Mr. Khan asked Chair Bhuthimethee if she was requesting that a crosswalk be added on the south side of Hacienda Drive and Martinelli Way. Chair Bhuthimethee responded that, when reviewing the Lazy Dog Cafe project, the Planning Commission had requested a crosswalk across Hacienda Drive from Hacienda Crossing to Building 100 of the current project. Mr. Khan stated that there is a crosswalk on the north side of that intersection but he understood that Chair Bhuthimethee was requesting a new crosswalk on the south side. Chair Bhuthimethee answered yes. Mr. Khan stated that currently Hacienda Drive is a very busy street and creating more crosswalks will change the signal timing at the Hacienda Drive and Martinelli Way intersection. 111fanning Gmnrni�sion ,4,26,20(4 DRAFT DRAFT He stated that the signal operates with overlapping turn lanes, so when one movement goes another can happen at the same time and they are going in different directions. He stated that they don't want to put pedestrian where cars are running throughout the signal cycle. He stated that if they added a crosswalk it would impact the timing of the signal and will cause a problem with back up on the freeway. He agreed to review the issue and determine if there is a way to do what she asked but stated that another crosswalk is not included in the plan. Chair Bhuthimethee stated that she was opposed to pollarded trees and felt it was unnatural and they would not hold up with the wind in Dublin. However, considering the context and the presentation she felt that they will fit the space. She requested that they not include the pollarded trees in the residential area. Mr. Baldauf agreed. Cm. Kohli asked if the Applicant had given any thought to locating the residential portion away from the freeway, keeping it close to BART and introducing more retail/restaurant uses that he felt would be a better fit adjacent to Hacienda Crossings and the Persimmon Place project. Mr. Baldauf responded that they believed that they could provide a quality mix of tenants and with Persimmon Place taking most of the quality tenants in the market, they didn't feel they wanted to try to be the junior brother in the area but wanted to do something that is organized in a way that fits two goals; 1) to create the community gathering space that was part of the previous Green at Park Place project, and by turning the orientation gave a wind sheltering effect, 2) the orientation to Persimmon Place was very important, so by orienting it as an extension of Persimmon Place, gives their project a larger position within the community. Mr. Hunt agreed and assured the Planning Commission that over the years they have looked at every scenario. He felt that this is a difficult rectangular site to design. He stated that the main entry must remain where it is, which was the former IKEA Way, there is no access onto Hacienda Drive, only have right-in/right-out on the east side and felt that if the retail were shifted there would be more land than tenants. Chair Bhuthimethee opened the public hearing, and having no speakers, closed the public hearing. Cm. Do stated that she is in support of the project and excited to see the community gathering place which is important to the residents. Cm. O'Keefe stated that he is in support of the project. He liked that it is close to the transit oriented district and the architecture gave him the "wow" that the City Council was looking for. He felt it was different and liked the community gathering place. He thanked the Applicant for enhancing the service doors because a lot of homeowners will be looking at them. He appreciated their attention to detail in their design. Cm. Goel referred to Page 5 of the FSEIR document regarding schools and student generation. He stated that the letter speculated 60 students for the project and asked Ms. Bascom to comment. Ms. Bascom referred to the letter from the Dublin Unified School District (DUSD) dated July 9th that stated the estimate which is based on the unit count and the unit type for the project. 111fanning Gamrni�sion ,4,26,20(4 DRAFT DRAFT Cm. Goel asked what the estimated number of students. Ms. Bascom responded that the estimate was 60-70 elementary students and a smaller amount of middle and high school students. Cm. Goel did not agree with that number and asked for the total number of units again. Ms. Bascom responded that there are a total of 372 townhome and condo units. Cm. Goel was concerned about the 2013/14 numbers from the school district and felt the number in the EIR is off by several hundred and he is not supportive of that. He was also concerned with traffic and the level of service at the adjacent intersections. Cm. Khan asked which intersection he was referring to. Cm. Goel answered that he was referring to all the intersections in a half mile radius. Mr. Khan referred the Planning Commission to the Draft SEIR which lists long term cumulative conditions for signalized intersections which found that there was only one signalized intersection that was found as a significant impact (Scarlett Drive and Dublin Blvd). He stated that the concern was because of the pedestrian crossing at the Iron Horse Trail. He added that when reviewing the Dublin Crossing project, one of the mitigations could be a bridge. He stated that the City is moving forward with the feasibility study for the overcrossing bridge later this year. In terms of the concern on Hacienda Drive, Staff did a signalized intersection analysis and arterial level of service analysis and found that the arterial level of increase volume to capacity ratio of 2% Hacienda Drive intersection due to the current project. He stated that he was referring to 2035 numbers. There was a discussion regarding traffic, the level of service at intersections in proximity to the project and the mitigations for significant and unavoidable impacts. Mr. Khan stated that the Alameda County Transportation Commission and CalTrans have challenged the City to ensure that they are not impacting bike and pedestrian access if completing mitigation. They also requested that Dublin not complete mitigation at Dublin Blvd and Arnold Road because it could impact bike and pedestrian access; at the same time, Staff doesn't want to create a situation where they can't use the intersection. He felt that adding a lane or widening the road is not possible. He stated that the State is also requiring an increase to the walking time for pedestrians at intersections. He stated that at every place that they tried to address the mitigation, it would require either widening the road or taking the existing property from already existing development, which is not viable. Cm. Goel asked, if the project remained commercial, would that impact go away. Mr. Khan did not have that answer because that was not part of the analysis. Ms. Bascom stated that the IKEA SEIR had a traffic analysis that was specific to that project and the 300,000 sf commercial project, approved in 2008. Without referring to the IKEA SEIR to see what mitigation measures would have been required, the proposed project will have fewer daily 111fanning Gmnrni�sion ,4,26,20(4 DRAFT DRAFT trips, fewer a.m. peak hour trips, and slightly more p.m. peak hour trips than either of the commercial projects. Cm. Goel asked what the height limit is for the residential structures along 1-580. Ms. Bascom stated that the height limit is in the PD Ordinance but felt it was 45-50 feet. Cm. Goel felt that 45-50 feet was taller than a sound wall. Ms. Bascom stated that there is no sound wall proposed for this project. Cm. Goel stated that part of the sound mitigation was to not allow balconies facing 1-580, and to use sound barrier treatment on the residential facilities. He was concerned that the residential component was not included in the fly-over video but the Planning Commission is being asked to recommend the environmental piece associated with it. Cm. Kohli felt that Cm. Goel brought excellent points regarding traffic and environmental issues. He stated that he shares the enthusiasm of Cm. Do and O'Keefe about this type of project coming to Dublin. He had thought that this parcel of land would be some sort of lifestyle center, similar to Santana Row or just pure commercial/retail that would complement Hacienda Crossings. He felt that other new retail centers are growing and in certain situations he likes the idea of Mixed Use and felt that the Applicant has done a good job of trying to bring this spirit to Dublin, but he felt it was a residential project masked as Mixed Use. He stated that he would like to see less residential and more retail/restaurant, because whatever is built will remain for a long time. He felt that more retail businesses are being attracted to Dublin and commend the Applicant for thinking through the project, but he felt that the Planning Commission has a responsibility to make the right recommendation to the City Council for the best type of project and he did not feel he can support the project under the Mixed Use designation unless the Planning Commission suggests a Condition of Approval that requires reduced residential. He felt that he could not approve a re-designation for this project. Cm. Goel stated that, after seeing the video fly-over, he saw a well thought-out project with a community element, a nice business facility, and good ambiance at the center. He was concerned with the residential component being so close to 1-580 and the BART line as well as other traffic concerns for residents. He was also concerned with the phasing of the residential component which he felt would be built from the worst spot with the lowest return inward towards the retail. He asked what will happen if the market changes. He stated that there will be tall art and potentially very high residential structures and was concerned that Persimmon Place would be hidden and would not create a magnet into the City. He felt that the "sense of place" that the Planning Commission has wanted would be shielded by building residential right next to 1-580. He stated that he didn't know which was better; developing the project and going bankrupt or developing the project and it remains empty. He felt the plan is premature and that there are better opportunities. He stated that he likes the center gathering space with the retail component, but was not sure about the vehicle movement in the center, although it works at Santana Row and could work for this project. He stated that he has heard people ask for small commercial space, small work-live spaces, but they don't have anywhere in Dublin to go. He was concerned about school impacts and rapid growth in Dublin with this project increasing those numbers. He was concerned with traffic impacts of the project. He stated that if the project was strictly commercial he could support it, but he looks at the project as a whole and could not support it. 111fanning Gmnrni�sion ,4,26,20(4 DRAFT DRAFT Chair Bhuthimethee stated that she shares some Cm. Kohli and Cm. Goel's concerns regarding traffic, the addition of residential and the school impacts. She felt that the project is very unique and it would be a waste of its proximity to the TOD if it were full commercial. She felt that this is where you want to allow people to walk have a connection to mass transit. She felt it is appropriate project, close to that BART station, where residents can walk to the residential and commercial, but if it was full commercial people would drive there. She felt it was a good transition project. She felt it is a good, quality project and appropriate in this location. She was impressed with the building architecture, and has been waiting for statement architecture to come to Dublin. She stated that Pleasanton or San Ramon has nothing like this, and the sculpture element and the huge trees make it unique. She commended the Applicant for including the huge trees. She pointed out the trees on Sheet L-12 which will make the project feel like it's been there for quite a while. The new and different architecture along with the site elements, are also reflective of style. Interior images are very compelling with a "wow" factor and she would love to see this project completed. She stated that she likes the lighting design. The design team was right to address the back-of-building and agreed with Cm. O'Keefe that those sorts of views of all sides of the building are important to the Planning Commission. She agreed with Cm. Goel regarding the buildings at Persimmon Place not being outward facing, but she felt this is a lifestyle center with the residential component and the unique commercial component and a lot of the spaces are well detailed with a lot of thought into it. She stated that she is in support of the project. Cm. O'Keefe responded to Cm. Goel's comments regarding noise and view; he felt it is a personal preference and stated that he likes to be lively and hear what's going on, and some people don't have a preference for quiet. He stated that he would not support a sound wall and did not have a problem with not being able to see Whole Foods from the freeway. There will be a buzz about the project and it will be a destination development. He was not concerned with people not finding their way to the development. He stated that he is in support of the project and respectfully disagreed with Cm. Goel. Chair Bhuthimethee felt that Cm. Goel was concerned with the views from 1-580 but stated that Staff understands that the Planning Commission wants to see enhanced elevations on public corridors and felt that the Applicant will produce nice elevations for the residential portion. Mr. Baker reminded the Planning Commission that the residential component will come back for the Site Development Review as a future agenda item. He stated that the Applicant is working on addressing the elevations facing the freeway, and project identity, both of which were discussed at the City Council Study Session in July. He added that the current proposal is for three story buildings which are not overly tall. Cm. Goel responded to Chair Bhuthimethee regarding the TOD. He stated that the Applicant showed the picture of the boundaries which is considered ideal TOD, but the middle portion of the project is the furthest. He felt that there are still a lot of units being built in the area, a lot of foot traffic and that the City is missing an opportunity to create a daytime magnet that is not there with residential. He did not feel comfortable recommending approval of a CEQA document that will be referred to however many years it takes to complete. He felt it could be built in 2 years or it could be 10 years and then the Applicant will be pointing to a document that gave them the entitlement. He felt that there will be a truth at some point and the ability to build this project. He felt that there is a reason why the commercial is being submitted first. 111fanning Gmnrni�sion ,4,26,20(4 DRAFT DRAFT Mr. Baker stated that the Development Agreement (DA) includes language regarding the timing of the project to ensure that the commercial as well as the residential will be built. He stated that the DA states that the Applicant can only move so far with residential project before showing progress on the commercial, the fact that the residential is not part of this submittal is not indicative of the timing of the construction of the project, but is related to preparation of the plans and moving the project forward. Cm. Goel asked if the Applicant will move forward with the residential first. Mr. Baker stated that he would defer to the Applicant on how they will phase the project; however, if they want to move forward with residential first, they won't go very far because they must build the commercial as well. Cm. Goel asked what percentage the DA requires. Mr. Baker stated they must receive occupancy of buildings 400, 5007 6007 700 and 800 by the time they reach the 190th residential building permit. He felt that the Applicant would need to build concurrently in order to meet that requirement. Cm. Goel asked if that is a trigger that binds them as opposed to helping the Applicant. He also asked who brought up that issue. Mr. Baker stated that it is a trigger that ensures that commercial is built before the residential. He answered that the Staff, working with the Applicant, and discussing the issue with the City Council. Mr. Baker mentioned two edits need to be made to the approval documents and he wanted to discuss the voting. Ms. Bascom stated that a statement needs to be added to the PD Ordinance that states that this PD Ordinance supersedes and replaces any previous PD Ordinances. Also, in the resolutions, in the first "Whereas" it references Zoning Ordinance Amendments in addition to the Planned Development Rezone, the text that references Zoning Ordinance Amendments will be deleted. Mr. Baker suggested voting on each item individually and make motions for each recommendation which he felt would make the process go as smoothly as possible. Cm. O'Keefe stressed that he would ideally like to see the project have two story housing and he'd also like to see some office space for small 15-30 employee businesses. He felt that would be a more ideal project but looking at where the project has been and all the effort that has gone into it, he did not want to hold up the project or vote against it. Chair Bhuthimethee understood Cm. O'Keefe's concern but felt that there are three story townhomes in less dense areas, but it seems appropriate because they will be by the freeway and next to high density buildings and the scale of the property next to it is commercial office space so it fits with that scale. Cm. O'Keefe felt that if the housing were two-story, with higher retail buildings in the middle, it would highlight the view from the overpass and make it more of a focal point. 111fanning Gamrni�sion ,4,26,20(4 DRAFT DRAFT Cm. Kohli responded to Cm. O'Keefe's comments that the City has waited to bring forward a project on this site and now have an opportunity to do it and this is a good enough project to move forward. His concern was that whatever is built will remain for a long time, and in the last year there has been an increase in commercial/retail development. He asked what if in two years there was a project submitted that was Mixed Use with one third of the residential units, and some being live-work units and more retail. He felt that the Planning Commission might say that would be the ideal project that they had in mind but then it would be too late. He felt that waiting for the right project is worth it. Cm. Goel felt that the reality is that Dublin has very few vacant parcels for development and this is prime property and there will be an opportunity to develop it, maybe not today or tomorrow but soon. He felt that the Planning Commission will make the decision for Dublin's future. Cm. Do asked if the project is approved as mixed use and the townhomes are built in three stories, can the first floor as be used as a workplace. Ms. Bascom answered that the PD ordinance would allow home occupations but the homeowner could not run a retail storefront. Any home occupation that would be allowed in any other neighborhood would be allowed in this development. On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 3-2, with Cm. Goel and Cm. Kohli voting no, the Planning Commission adopted: RESOLUTION NO. 14-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL CERTIFICATION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF ENVIRONMENTAL FINDINGS UNDER CEQA FOR THE GREEN MIXED USE PROJECT On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 3-2, with Cm. Goel and Cm. Kohli voting no, the Planning Commission adopted RESOLUTION NO. 14— 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN FOR THE GREEN MIXED USE PROJECT On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 3-2, with Cm. Goel and Cm. Kohli voting no, the Planning Commission adopted: 1111,�anntnfl Gmrtrni�sion ,4,26,20(4 DRAFT DRAFT RESOLUTION NO. 14-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REZONE 27.5 ACRES AT 5144 AND 5344 MARTINELLI WAY TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE GREEN MIXED USE PROJECT On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 3-2, with Cm. Goel and Cm. Kohli voting no and the correction mentioned, the Planning Commission adopted: RESOLUTION NO. 14-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY LLC RELATING TO THE GREEN MIXED USE PROJECT On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 3-2, with Cm. Goel and Cm. Kohli voting no, the Planning Commission adopted: RESOLUTION NO. 14-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT REVIEW PERMIT FOR THE COMMERCIAL BUILDINGS AND VESTING TENTATIVE MAP 8203 FOR THE GREEN MIXED USE PROJECT On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 3-2, with Cm. Goel and Cm. Kohli voting no, the Planning Commission adopted: NEW OR UNFINISHED BUSINESS — NONE OTHER BUSINESS - NONE 1111,anntnfl Gmruni�sion ,4,26,20(4 DRAFT DRAFT 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). ADJOURNMENT— The meeting was adjourned at 10:22:54 P Respectfully submitted, Planning Commission Chair ATTEST: Jeff Baker Assistant Community Development Director G:WINUTESI20141PLANNING COMMISSIONI08.26.14 DRAFT PC MINUTES.docx RESOLUTION NO. 14 - 47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL CERTIFICATION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF ENVIRONMENTAL FINDINGS UNDER CEQA FOR THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct six residential neighborhoods with 372 units in multiple buildings and a complementary commercial district with approximately 37,000 square feet of future retail and restaurant buildings with associated outdoor seating areas on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, 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 WHEREAS, the Project Site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereinafter "Eastern Dublin EIR" or "program EIR"), which is available for review in the Planning Division and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin, including the Project Site; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93, incorporated herein by reference), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin, including the Project; and WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA (Resolution 53-93); and 1 WHEREAS, the City prepared an Initial Study dated July 11, 2013 ("Initial Study") for the Project consistent with Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163 in order to determine if a supplement to the Eastern Dublin EIR was required under CEQA standards. The Initial Study determined that a supplement to the Eastern Dublin EIR would be prepared to address certain environmental impacts of the Project. The Initial Study also concluded that many of the environmental impacts of the Project were within the scope of the Eastern Dublin EIR and that the certified Eastern Dublin EIR adequately described and analyzed these impacts for CEQA purposes; and WHEREAS, the City circulated a Notice of Preparation, dated July 12, 2013, to public agencies and interested parties for consultation on the scope of the EIR. The City also conducted a public scoping meeting on July 30, 2013; and WHEREAS, the City prepared a Draft Supplemental Environmental Impact Report (Draft SEIR) dated May 2014 for the proposed Project that reflected the City's independent judgment and analysis of the potential environmental impacts of the Project. The Draft SEIR is attached as Exhibit A to this Resolution and is incorporated herein by reference; and WHEREAS, the Draft SEIR was circulated for public review from May 7, 2014 to June 3, 2014 (45 days); and WHEREAS, the City received six comment letters from State, regional, and local agencies and interested parties during the public review period. In accordance with the requirements of CEQA, the City prepared written responses to all the comments received during the public comment period. The City prepared a Final SEIR (that includes the Responses to Comments), dated August 2014, for the proposed Project, which included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the Draft EIR. The Final EIR is attached as Exhibit B to this Resolution and is incorporated herein by reference. The complete The Green Mixed Use Project SEIR incorporates the Draft SEIR and the Final SEIR together. The responses to comments provide the City's good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, the City carefully reviewed the comments and written responses and determined that the Final SEIR, including the clarifications and minor corrections to the Draft SEIR, do not constitute significant new information requiring recirculation of the Draft SEIR under the standards in CEQA Guidelines section 15088.5; and WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference, described and analyzed the Project for the Planning Commission and contained information on the Final SEIR; and WHEREAS, the Planning Commission reviewed the Staff Report, the Final SEIR, including comments and responses, and certified Eastern Dublin EIR at a noticed public hearing on August 26, 2014 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Final SEIR, including comments and responses, reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project; and 2 WHEREAS, the Final SEIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures. Approval of the project by the City Council will therefore require adoption of findings on impacts and mitigations and a Mitigation Monitoring and Reporting Program; and WHEREAS, the Final SEIR identified significant and unavoidable environmental impacts of the project and approval of the project by the City Council will therefore require adoption of Findings and a Statement of Overriding Considerations; and WHEREAS, the Final SEIR, Eastern Dublin EIR and all of the documents relating to the Project are available for review in the City Planning Division at the Dublin City Hall, file PLPA- 2013-00013, during normal business hours. The location and custodian of the Final SEIR and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file PLPA-2012- 00031. NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin Planning Commission hereby makes the following findings and recommendations to the City Council on the Final SEIR and the environmental review of the Project under CEQA: A. The foregoing recitals are true and correct and made a part of this resolution. B. The Final SEIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. C. The Planning Commission has independently reviewed and considered the information contained in the Final SEIR, including the written comments received during the Draft SEIR review period and the oral and written comments received at the public hearing, prior to making its recommendation on the proposed Project. D. The Final SEIR reflects the City's independent judgment and analysis on the potential environmental impacts of the proposed Project. The Final SEIR provides information to the decision-makers and the public on the environmental consequences of the proposed Project. E. The Final SEIR adequately describes the proposed Project, its significant environmental impacts, mitigation measures and a reasonable range of alternatives to the proposed Project. BE IT FURTHER RESOLVED the Dublin Planning Commission hereby recommends that, prior to the approval of the Project, the City Council certify the Final Supplemental Environmental Impact Report as complete, adequate and in compliance with CEQA, the CEQA Guidelines, and the City of Dublin Environmental Guidelines. The Planning Commission further recommends that the City Council make all required, mitigation and alternatives findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program, all in compliance with the requirements of CEQA. 3 PASSED, APPROVED, AND ADOPTED this 26th day of August 2014 by the following vote: AYES: Bhuthimethee, O'Keefe, Do NOES: Goel, Kohli ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPk20131PLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.141Att 7-PC Reso FSEIR.docx 4 RESOLUTION NO. 14— 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN FOR THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct approximately 37,000 square feet of retail and restaurant buildings with associated outdoor seating areas and six future residential neighborhoods with 372 units in multiple buildings on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, approval of the project as proposed requires that certain amendments be made to the General Plan and Eastern Dublin Specific Plan so that the two documents are consistent with the proposed mix of commercial and residential uses on the site; and WHEREAS, the General Plan and Eastern Dublin Specific Plan land use designation for the project site is proposed to be amended from "General Commercial" to "Mixed Use" to enable the construction of retail/restaurant uses in addition to Medium-High Density Residential uses coordinated in a master-planned development on one project site. In addition, other provisions of the General Plan and Eastern Dublin Specific Plan are proposed to be amended to ensure consistency with the proposed land use designation for this 27.5 acres; and WHEREAS, 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 WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (SEIR) dated May 2014 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, the Draft SEIR was circulated from May 7, 2014 to June 23, 2014 (45 days) for public comment; and WHEREAS, comments received on the Draft SEIR were reviewed and responded to, and the Final EIR (that contains the Response to Comments) dated August 2014 was prepared; and WHEREAS, consistent with section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, for the Planning Commission; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the proposed General Plan and Eastern Dublin Specific Plan Amendments, on August 26, 2014 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the Final SEIR, all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve amendments to the General Plan to reflect changes resulting from approval of the project, as follows: • Amend Figure 1-1 (Land Use Map) to change the land use designation for the project site from "General Commercial" to "Mixed Use"; and • Modify Table 2.2 (Land Use Development Potential: Eastern Extended Planning Area) to reflect the change in land use designation. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve amendments to the Eastern Dublin Specific Plan to reflect changes resulting from approval of the project, as follows: • Amend Figure 4.1 (Land Use Map) to change the land use designation for the project site from "General Commercial" to "Mixed Use"; • Modify Table 4.1 (Eastern Dublin Specific Plan Land Use Summary); • Modify Table 4.2 (Eastern Dublin Specific Plan Population and Employment Summary); • Modify Table 4.3 (Projected Jobs/Housing Balance); and • Modify Table 4.11 (Hacienda Gateway Subarea Development Potential). BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council find the amendments are in the public interest, promote general health, safety and welfare, and that the General Plan and Eastern Dublin Specific Plan, as so amended, will remain internally consistent. PASSED, APPROVED, AND ADOPTED this 26th day of August 2014 by the following vote: 2 AYES: Bhuthimethee, O'Keefe, Do NOES: Goel, Kohli ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPk20131PLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.141Att 2-PC Reso SP and GPA.docx 3 RESOLUTION NO. 14-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REZONE 27.5 ACRES AT 5144 AND 5344 MARTINELLI WAY TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct approximately 37,000 square feet of retail and restaurant buildings with associated outdoor seating areas and six future residential neighborhoods with 372 units in multiple buildings on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, the implementation of the development project requires that the project site be rezoned to a new Planned Development Zoning District with approval of a related Stage 1 and Stage 2 Development Plan; and WHEREAS, 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 WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (SEIR) dated August 2014 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the Planned Development Rezone and a related Stage 1 and Stage 2 Development Plan on August 26, 2014 at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, for the Project; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-47 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-48 recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the Planning Commission did review the Final Supplemental Environmental Impact Report, all said reports, recommendations and testimony herein above set forth and used its independent judgment prior to making a recommendation on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby adopt a Resolution recommending that the City Council adopt an Ordinance (Attached as Exhibit A) rezoning 27.5 acres at 5144 and 5344 Martinelli Drive to a Planned Development Zoning District and approve the related Stage 1 and Stage 2 Development Plan for The Green Mixed Use Project, based on findings in the attached Ordinance, including but not limited to, that the Planned Development zoning and project as a whole is consistent and in conformance with the General Plan as proposed, is consistent with the purpose and intent of the Planned Development zoning district, and that development of the proposed project will be harmonious and compatible with existing and future development in the surrounding area. PASSED, APPROVED, AND ADOPTED this 26th day of August 2014 by the following vote: AYES: Bhuthimethee, O'Keefe, Do NOES: Goel, Kohli ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:1PM20131PLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.14Ott xx-PC Reso PD Ord.doc RESOLUTION NO. 14-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY LLC RELATING TO THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNS 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, a request has been made by Stockbridge/BHV Emerald Place Land Company LLC ("Applicant") to enter into a Development Agreement with the City of Dublin for the property known as The Green Mixed Use Project site, which includes properties identified by Assessor Parcel Numbers 986-0033-004-00, 986-0033-005-00, and 986-0033-006-00, encompassing approximately 27.5 acres; and WHEREAS, the Applicant is proposing to obtain approvals for a development project that includes the construction of six residential neighborhoods with 372 units in multiple buildings and a complementary commercial district with approximately 37,000 square feet of future retail and restaurant buildings with associated outdoor seating areas and a full range of site improvements; and WHEREAS, the project is the subject of a Supplemental Environmental Impact Report (SEIR), State Clearinghouse No. 2013072032. On August 26, 2014, the Planning Commission approved Resolution 14-xx, recommending that the City Council certify the Final SEIR for the project, and adopt CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project. The Development Agreement was part of the Project analyzed in the SEIR and the impacts of the activities under the Development Agreement were analyzed in the SEIR; and WHEREAS, the proposed Development Agreement is attached to this Resolution as Exhibit A-1; and WHEREAS, on August 26, 2014, the Planning Commission held a public hearing on the proposed Development Agreement; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council adopt an Ordinance approving the Development Agreement; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council make the following findings and determinations regarding the proposed Development Agreement: 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 Eastern Dublin Specific Plan in that: (a) the Development Agreement incorporates the objectives, policies, general land uses and programs in the General Plan and Specific Plan (as amended); 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 because the Development Agreement does not amend the uses or regulations in the applicable land use district. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan as articulated in Resolution No. xx-14, amending the Eastern Dublin Specific Plan, adopted by the City Council on ) 2014. 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, Eastern Dublin Specific Plan, and future Project Approvals and Conditions of Approval. 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 (as amended), the Eastern Dublin Specific Plan (as amended), and future Project Approvals. 6. The Development Agreement 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. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance, attached as Exhibit A, approving the Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place Land Company LLC related to The Green Mixed Use Project. PASSED, APPROVED AND ADOPTED this 26 n day of August 2014. AYES: Bhuthimethee, O'Keefe, Do NOES: Goel, Kohli ABSENT: ABSTAIN: Page 2 of 3 Planning Commission Chairperson ATTEST: Assistant Community Development Director G:IPk20131PLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.141Att 6-PC Reso DA.docx Page 3 of 3 RESOLUTION NO. 14-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT REVIEW PERMIT FOR THE COMMERCIAL BUILDINGS AND VESTING TENTATIVE MAP 8203 FOR THE GREEN MIXED USE PROJECT PLPA-2013-00013 (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct approximately 37,000 square feet of retail and restaurant buildings with associated outdoor seating areas and six future residential neighborhoods with 372 units in multiple buildings on a 27.5 acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, the current request includes Vesting Tentative Map 8203 to subdivide the entire 27.5 acre parcel, however, the proposed Site Development Review is only for the commercial component of the project. The Site Development Review application for the residential buildings is not being considered at this time and will be reviewed by the Planning Commission at a later date; and WHEREAS, the project site is located within a Planned Development Zoning District; and WHEREAS, the Project Plans, attached as Exhibit A, illustrate the site layout and building elevations for the eight future Commercial Buildings on the project site, which comprise approximately 37,000 square feet of future retail and restaurant buildings with associated outdoor seating areas, which are permitted by the Eastern Dublin Specific Plan and General Plan, as amended; and WHEREAS, the Project Plans also illustrate the proposed subdivision of a single 27.5 acre parcel into 96 separate parcels (1 commercial parcel, 60 residential parcels, and 35 parcels for future streets, parking, and common areas, ranging in size from 0.1 acres to 5.8 acres; and WHEREAS, the Site Development Review (Commercial Buildings only) and Vesting Tentative Map application collectively defines this "Project" and is available and on file in the Community Development Department; and WHEREAS, 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 WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (SEIR) dated August 2014 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, for the Planning Commission; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-47 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-48 recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-49 recommending that the City Council approve the proposed Rezoning of properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan for the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-50 recommending that the City Council approve the proposed Development Agreement for the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 26, 2014 for this project, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend that the City Council approve the Site Development Review (Commercial Buildings only) and Vesting Tentative Map application; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following Site Development Review (Commercial Buildings only) 2 findings and determinations regarding The Green Mixed Use Project on approximately 27.5 acres at 5144 and 5344 Martinelli Way: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review) of the Zoning Ordinance, with the General Plan, and any applicable Specific Plans and design guidelines because: 1) The project provides an orderly, attractive and harmonious development compatible with the site's environmental constraints and with surrounding properties and neighborhoods. The development gives thoughtful consideration to building location, architectural and landscape design and theme, vehicular and pedestrian access and on-site circulation, parking and traffic impact. It complies with development regulations and the requirements of the zoning district, as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan and Community Design and Sustainability Element of the General Plan; 3) the project will provide unique, varied, and distinct commercial opportunities, which will serve to activate the area and provide services to existing and future residents and workers in the vicinity; 4) the proposed project will conform to the density, design, and allowable uses as stated in the Planned Development Zoning as required by Section 8.104.020.13 of the Dublin Zoning Ordinance; 5) the project includes streetscape enhancements to complement those already in place; and 6) the project is consistent with the General Plan and Eastern Dublin Specific Plan, as amended. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because. 1) The architecture and landscape design for the project provides an appropriate pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well-suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation of Mixed Use (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 4) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhoods that includes office, residential, and commercial uses in the vicinity of transit and transportation opportunities. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the project is proposed because. 1) The architecture and landscape design for the project provides a unique, yet appropriate, pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well-suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation of Mixed Use (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 4) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes office, residential, and commercial uses in the vicinity of transit and transportation opportunities. 3 D. The subject site is suitable for the type and intensity of the approved development because. 1) the project will provide the desired mix of retail stores, eating and drinking establishments, and associated uses that conform to the Mixed Use land use designation of the Dublin General Plan and the Eastern Dublin Specific Plan (as amended); 2) the project provides for its own infrastructure and required services and is designed to include sufficient vehicular and pedestrian access, with parking to support the uses; and 3) the proposed density of the site is consistent with the General Plan and Eastern Dublin Specific Plan (as amended). E. Impacts to existing slopes and topographic features are addressed because: 1) the project site is relatively flat; 2) the major roadway and utility infrastructure to serve the site already exists, and 3) future approval of grading and improvement plans will enable the site to be modified to suit the project, which will be developed for the site in accordance with City policies and regulations. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because. 1) the architectural style and materials will be unique to this project, yet compatible and complementary to the contemporary architectural style, colors, and materials being utilized on other commercial projects in the City; 2) the project is utilizing traditional building forms with contemporary, high- quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan; 3) the size and scale of the development will be similar to other retail commercial shopping centers in the project vicinity; and 4) unsightly uses (e.g. waste facilities, parking lots) shall be screened with appropriate materials that are architecturally compatible with the building design. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because. 1) the Preliminary Landscape Plan for the project site emphasizes the creation of a comfortable pedestrian environment that will include generous sidewalks along the main north-south drive aisle adorned with street trees and pedestrian-scaled lighting; 2) landscaping will be provided throughout the parking fields both at the front and rear of the project buildings; and 3) the project perimeter and interior landscaping is consistent with other commercial development in the vicinity and conforms to the requirements of the City's Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because. 1) all infrastructure including driveways, pathways, sidewalks, and street lighting have been reviewed for conformance with City policies, regulations, and best practices and have been designed with multi- modal travel in mind; and 2) development of this project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. 4 BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following Vesting Tentative Map findings and determinations regarding Vesting Tentative Map 8203 for The Green Mixed Use Project: A. Vesting Tentative Map 8203 is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of Vesting Tentative Map 8203 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is the subdivision of three parcels that currently comprise the 27.5 acre project site into 96 parcels: one 5.8 acre commercial parcel, 60 residential parcels with multiple units in each building/parcel, and 35 street/circulation/parking area parcels. C. Vesting Tentative Map 8203 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District for The Green Mixed Use Project (PLPA-2013-00013), and therefore is consistent with the City of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, including Hacienda Drive, Martinelli Way, and Arnold Road, on approximately 27.5± acres of land. The topography of the property is generally flat. The site is physically suitable for the type and intensity of the proposed commercial/residential mixed use development that is proposed. E. Vesting Tentative Map 8203 will not cause environmental damage or substantially injure fish or wildlife of their habitat or cause public health concerns because the proposed project is for the subdivision of the land and not for any physical improvements. F. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby recommend that the City Council approve Vesting Tentative Map 8203 and Site Development Review (Commercial Buildings only) for The Green Mixed Use Project, as shown on plans submitted by Stockbridge/BHV, stamped received August 11, 2014, subject to the conditions included below. 5 CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. Anything to the contrary in these Conditions of Approval notwithstanding, if the City enters into a Development Agreement with the project sponsor, if any term of these conditions of approval are in conflict with the provisions of the Development Agreement, the Development Agreement shall take precedence and shall control. CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: GENERAL CONDITIONS— SITE DEVELOPMENT REVIEW and VESTING TENTATIVE MAP 8203 1. Approval. This Site Development Review (Commercial only) and PL Ongoing Vesting Tentative Map 8203 approval for The Green Mixed Use Project establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review (Commercial only)/Vesting Tentative Map approval generally shall conform to the project plans submitted by Stockbridge/BHV dated received August 11, 2014 and on file in the Community Development Department, and other plans, text, and diagrams — including the color and material board — relating to this Site Development Review (Commercial only)/Vesting Tentative Map approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Site Development PL One year After Review/Vesting Tentative Map approval shall be valid for one (1) Effective Date year from the approval of the project by the Planning Commission or or as specified as identified in the project Development Agreement. This approval in the Project shall be null and void in the event the approved use fails to be Development established within the prescribed time. Commencement of the use Agreement means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. Unless otherwise addressed in the Project PL One Year Development Agreement, the original approving decision-maker Following may, upon the Applicant's written request for an extension of Expiration approval prior to expiration, upon the determination that all Date Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. Subsequent six month extensions may be granted at the discretion of the Community Development Director. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 6 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 4. Compliance. The Applicant/Property Owner shall operate this use in PL On-going compliance with the Conditions of Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Effective Date. The approval is contingent on the City Council PL Ongoing taking the following actions related to the project: 1. Certifying a Final Supplemental Environmental Impact Report and Adoption of Environmental Findings under CEQA for the project; 2. Adopting a Resolution amending the General Plan and the Eastern Dublin Specific Plan for the project; 3. Adopting an Ordinance approving a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan for the project; and 4. Adopting an Ordinance approving a Development Agreement for the project. If the above actions do not take place, the SDR/Tentative Map approval is null and void. This approval shall not take effect until all the City Council approvals under items 1-4 are in full force and effect. 6. Revocation of Permit. The Site Development Review/Vesting PL On-going Tentative Map approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Applicant/ Various Building Developer shall comply with applicable City of Dublin Fire Prevention Permit Bureau, Dublin Public Works Department, Dublin Building Issuance Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all a plicable conditions required have been or will be met. 8. Required Permits. Developer shall obtain all permits required by PW Building other agencies including, but not limited to Alameda County Permit Environmental Health, Alameda County Flood Control and Water Issuance Conservation District (Zone 7), California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, or other regional/state agencies as required by law. Copies of the permits shall be provided to the Public Works De artment. 9. Fees. Except as otherwise provided in the Development Various Building Agreement, the Applicant/Developer shall pay all applicable fees in Permit effect at the time of building permit issuance, including, but not Issuance limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. Indemnification. The Developer shall defend, indemnify, and hold ADM On-going harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clarification of Conditions. In the event that there needs to be PW On-going clarification to the Conditions of Approval, the Community Development Director and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be responsible for clean- PL On-going up and disposal of project related trash to maintain a safe, clean, and litter-free site. 13. Modifications. Modifications or changes to this Site Development PL On-going Review/Vesting Tentative Map approval may be considered by the Community Development Director in compliance with Chapter 8.104 of the Zoning Ordinance and in compliance with the Subdivision Ordinance. 14. Archaeology. Should any prehistoric, cultural, or historic artifacts PL During be exposed during excavation and construction operations, the Construction Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Compliance with this condition required throe hoot construction. 15. Equipment Screening. All electrical equipment, fire risers, and/or PL Building mechanical equipment shall be screened from public view by Permit landscaping and/or architectural features. Any roof-mounted Issuance equipment shall be completely screened from adjacent street view and by materials architecturally compatible with the building and to the Through satisfaction of the Community Development Director. The Building Completion/ Permit plans shall show the location of all equipment and screening On-going for review and approval by the Director of Community Development. 8 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 16. Public Art. The Applicant/Developer intends to satisfy the City's PL, Parks Public Art Plan requirement for Public Art through the installation of art pieces on the shall be project site, which could potentially also include installations on the developed Persimmon Place project site (north of Martinelli Way). The prior to Applicant/Developer will coordinate the public art project for the issuance of project with the City's Heritage and Cultural Arts Manager in the first compliance with Chapter 8.58 of the Zoning Ordinance. Building Permit and all installations shall be complete prior to occupancy of the first building on the project site 17. Inclusionary Housing. The Applicant/Developer will satisfy the PL In accordance requirements of Chapter 8.68 of the Zoning Ordinance (Inclusionary with the Zoning Regulations) in accordance with the Project Development Project Agreement. Development Agreement 18. Colors. The exterior colors of the buildings shall be in compliance PL Occupancy with the Color and Material Board approved with the Project Plans. If paint is utilized, the Applicant shall paint small portions of the building the approved colors for review and approval by the Director of Community Development prior to painting the entire buildings, whose a proval shall not be unreasonably withheld or delayed. 19. Approval of Design Details Prior to Full Installation. Details of PL Building or the following site features and improvements shall be reviewed and Sitework approved by the Community Development Director prior to permit Permit issuance: Issuance 1. Amenities to be installed in the plaza/outdoor spaces next to and between buildings (e.g. on the north side of Building 400) that are intended to create a comfortable pedestrian environment. Amenities could be hanging lights, additional landscaping, or other art/design elements that serve to frame and enclose the space. 2. Bollard/post element to be installed on the northern edge of the commercial area along Martinelli and a portion of Hacienda. 3. Bicycle lockers and bike racks. 4. Paving pattern, colors, material for pedestrian pathways on sidewalks, through the parking areas, and in the commercial and residential plaza areas. 5. Enclosure details for outdoor dining/seating areas. 6. Construction and material details for trash enclosures. 20. Outdoor Furniture. Outdoor furniture (including tables and chairs PL Ongoing for outdoor seating/eating areas) shall be suitable for all-weather conditions and made of high-quality, durable materials. Umbrellas shall have no more than two colors. Logos, or the name of the restaurant establishment, may be printed on the umbrella canvas, but logo for products sold are prohibited. 21. Outdoor Dining/Seating Areas. Outdoor dining/seating areas not PL Ongoing shown on the Project Plans may be permitted through a Site Development Review Waiver. Outdoor dining/seating areas shown on the Project Plans do not need any additional review/approval 9 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: except approval of any enclosure details. Outdoor dining/seating areas (including furniture and barriers/enclosures) shall be maintained in good condition at all times by the owners/operators of the associated dining establishment or the retail center property management. 22. Master Sign Program. A Master Sign Program will be reviewed PL Installation of and approved at the Staff-level for all project-related signage any project- including, but not limited to, wall signs, monument signs, community related identification signage, address signage, directional signage, parking signage signage, speed limit signage, retail tenant signage, and other signage deemed necessary by the City. Any wall and monument signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. 23. Construction Trailer. The Applicant/Developer shall obtain a PL Establishment Temporary Use Permit prior to the establishment of any construction of the trailer, storage shed, or container units on the project site. temporary use 24. Final Building and Site Improvement Plans shall be reviewed and PL Issuance of approved by the Community Development Department staff prior to Building the issuance of a building permit. All such plans shall insure: Permits a. That standard non-residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the disabled, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, are architecturally screened from view, and that electrical transformers are either underground, architecturally screened, or screened by landscape of an adequate size. Electrical and gas meters shall be screened to the greatest degree possible. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project 10 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 25. Mitigation Monitoring Program. The Applicant/ Developer shall PL On-going comply with The Green Mixed Use Project Final Supplemental Environmental Impact Report (EIR) certified by City Council Resolution xx-xx, including all mitigation measures, action programs, and implementation measures contained therein. The FSEIR is on file with the Community Development Department. 26. Final Landscape and Irrigation Plans. Final landscape plans, PL Landscape including utility and tree coordination plans, layout plans, irrigation plan approval plans, planting plans, and guarantees, shall be reviewed and and approved by the City Engineer and the Community Development installation Director prior to the issuance of the building permit. Plans shall be generally consistent with the layout of the Preliminary Landscape drawings included in the Project Plan Set prepared by Smith + Smith Landscape Architects, received by the Planning Division on August 11, 2014, except as modified by the Conditions listed below or as required by the Community Development Director to address specific site constraints or conditions. At the Final Landscape Plan stage, the tree and plant material selections shall be reviewed in detail as the areas of the site needed for bioretention/water quality are finalized through the development of detailed Site Improvement Plans. Particular attention shall be paid to ensuring that plant material shown in bioretention areas are well-suited for those soil conditions. Alternative species shall be considered to ensure compatibility with the contemporary look and feel of the building architecture and overall design aesthetic. The Final Landscape Plans shall ensure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. All trees that are on the perimeter of the project site and along the main north-south drive aisle shall be 24" box minimum, with at least 30% at 36" box or greater. Other trees located throughout the parking lot and the project site shall be 15 gallon and 24" box. All shrubs shall be 5 gallon minimum. All groundcover shall be 1 gallon in size. These standards shall be met unless a superior design concept is proposed by the Applicant and accepted by the City. d. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. e. That all cut and fill slopes conform to the Tentative map and conditions detailed in the Site Development Review plan set. f. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. That a permanent maintenance agreement on all landscaping will CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. h. The Layout Plan shall illustrate the design of all hardscape elements including walls, fences, gates, light locations, at grade or above grade utility boxes and vaults, walkways and decorative pavement. i. The Irrigation Plan shall utilize low flow, durable, irrigation equipment and the design shall comply with Water Efficient Landscape Ordinance (WELO) requirements. j. Construction details of raised planters, walkways, paths, benches, walls, fences and other architectural features as appropriate to the project. k. All pole light locations shall be coordinated with the placement of trees to eliminate conflicts between the trees and lights and so that the light is not blocked by the growth of the trees. 27. Landscaping at southern property line (adjacent to 1-580). The PL Approval of final Landscape Plan shall identify vine, groundcover, and shrub Landscape planting adjacent to the new fence at the property line that will grow Plans up the fence and mature quickly to provide visual screening between the freeway and the project. 28. Landscaping at Street/Drive Aisle Intersections. Landscaping PL Ongoing shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 29. Plant Clearances. All trees planted shall meet the following PL Landscape clearances: plan approval a. 6' from the face of building walls or roof eaves. and b. 7' from fire hydrants, storm drains, sanitary sewers and/or gas installation lines. c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns. e. 15' from either side of street lights. 30. Lighting. The Applicant/Developer shall prepare a photometric plan PL, PW, Building to the reasonable satisfaction of the City Engineer, Director of PO Permit Community Development, the City's Consulting Landscape Architect Issuance and Dublin Police Services. The photometric plan shall show lighting levels which takes into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the surface parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The parking lot lights shall be designed to eliminate any pockets of high and low illuminated areas. Prior to Occupancy, the Applicant shall request an inspection of the lighting levels in the structure to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.0 foot-candle requirement, the Applicant shall do so prior to Occupancy. 31. Landscaping. Applicant/Developer shall construct all landscaping PL, PW Landscape within the site and along the project frontage to the street curb and plan approval utter. and 12 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: installation 32. Backflow Prevention Devices. The Landscape Plan shall show the PL, PW, F Landscape location of all backflow prevention devises. The location and plan approval screening of the backflow prevention devices shall be reviewed and and approved by City staff. installation 33. Root Barriers and Tree Staking. The Final Landscape Plans shall PL, PW Landscape provide details showing root barriers and tree staking will be installed plan approval which meet current City specifications. and installation 34. Water Efficient Landscaping Ordinance. The Applicant/ Developer PL Landscape shall submit written documentation to the Public Works Department plan approval (in the form of a Landscape Documentation Package and other and required documents) that the development conforms to the City's installation Water Efficient Landscaping Ordinance. 35. Building Codes and Ordinances. All project construction shall B Through conform to all building codes and ordinances in effect at the time of Completion building ermit. 36. Retaining Walls. All retaining walls over 30 inches in height and in B Through a walkway shall be provided with guardrails. All retaining walls over Completion 24 inches with a surcharge or 36 inches without a surcharge shall obtain ermits and inspections from the Building & Safety Division. 37. Phased Occupancy Plan. If occupancy is requested to occur in B Occupancy of phases, then all physical improvements within each phase pertaining any affected to a particular building within the phase shall be required to be building completed prior to occupancy of any such building within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the immediately adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather or potential harm or disruption due to nearby construction activities of later phases with the posting of a bond for the value of the deferred landscaping and associated improvements. 38. Building Permits. To apply for building permits, B Issuance of Applicant/Developer shall submit five (5) sets of construction plans Building to the Building & Safety Division for plan check. Each set of plans Permits shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 39. Construction Drawings. Construction plans shall be fully B Issuance of 13 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: dimensioned (including building elevations) accurately drawn building (depicting all existing and proposed conditions on site), and permits prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 40. Air Conditioning Units. Air conditioning units and ventilation ducts B Occupancy of shall be screened from public view with materials compatible to the Unit main building. 41. Temporary Fencing. Temporary Construction fencing shall be B Through installed along the perimeter of all work under construction. Completion 42. Addressing B a) Provide a site plan with the City of Dublin's address grid Prior to overlaid on the plans (1 to 30 scale). Highlight all exterior release of door openings on plans (front, rear, etc.). The site plan shall addresses include a single large format page showing the entire project and individual sheets for each building. 3 copies on full size sheets and 5 copies reduced sheets. b) Address signage shall be provided as per the Dublin Prior to Commercial Security Code. permitting c) Address will be required on all doors leading to the exterior of Prior to the building. Addresses shall be illuminated and be able to be seen from the street, 4 inches in height minimum. occupancy 43. Engineer Observation. The Engineer of record shall be retained to B Scheduling provide observation services for all components of the lateral and the final vertical design of the building, including nailing, hold-downs, straps, frame shear, roof diaphragm and structural frame of building. A written inspection report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 44. Foundation. Geotechnical Engineer for the soils report shall review B Permit and approve the foundation design. A letter shall be submitted to issuance the Building Division on the approval. 45. Electronic File: The applicant/developer shall submit all building B Issuance of drawings and specifications for this project in an electronic format to the final the satisfaction of the Building Official prior to the issuance of occupancy building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 46. Construction Trailer. Due to size and nature of the development, B Ongoing the applicant/developer, shall provide a construction trailer with all hook ups or sufficient space within a construction trailer for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the applicant/developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The applicant/developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Applicant/Developer's expense. 47. Copies of Approved Plans. Applicant shall provide City with 2 B 30 days after reduced (1/2 size) copies of the City of Dublin stamped approved permit and 14 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: plan. each revision issuance 48. Solar Zone — CA Energy Code. Show the location of the Solar B Through Zone on the roof and site plans. Detail the orientation of the Solar Completion Zone. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. 49. Accessible Parking. The required number of accessible parking B Through stalls, the design and location of the accessible parking stalls shall Completion be as required by the CA Building Code. The number and locations in the SDR are for reference only and are not approved. 50. Accessory Structures. Building permits are required for all trash B Through enclosures and associated amenities /structures and are required to Completion meet the accessibility and building codes. 51. 60-Foot No Build Covenant. Pursuant to Dublin Municipal Code B Prior to Section 7.32.130, the owner shall file with the Building Official a Permitting Covenant and Agreement Regarding Maintenance of Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. 52. CA Green Building Code. B Prior to a) Project shall install short and long term bicycle stalls meeting Permitting the requirements of the CA Green Building Code. The location, style and number shall be submitted to the Building Official for review and approval. b) Clean Air, Vanpool and Electric Vehicle parking stalls shall be provided. The location and number shall meet or exceed the requirements of the CA Green Building Code. 53. The project shall comply with all Building and Fire Code Fire At permit requirements at the time of permit issuance. issuance 54. New Fire Sprinkler System & Monitoring Requirements Fire Occupancy In accordance with The Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. This may be a deferred submittal. a. Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. b. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. c. Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior 15 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. d. Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. 55. Fire Alarm (detection) System Required in Assembly / Fire Occupancy Mercantile Occupancy. A Fire Alarm-Detection System shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. Delayed egress locks shall meet requirements of C.F.C. 56. FD Building Key Box for Building Access. A Fire Department Key Fire Occupancy Box shall be installed at the main entrance to all commercial buildings. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. PUBLIC WORKS GENERAL CONDITIONS 57. The Developer shall comply with the Subdivision Map Act, the City of PW Ongoing Dublin Subdivision, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the American's with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by the Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, the Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 58. The Developer shall defend, indemnify, and hold harmless the City PW Ongoing of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to the project (Tract 8203) to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the city's promptly notifying the Developer of any said claim, action, or proceeding and 16 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: the City's full cooperation in the defense of such actions or proceedings. 59. General Conditions of Approval. Developer shall comply with the PW Prior to following General Conditions of Approval for Vesting Tentative Tract Issuance of Map 8203—The Green at Park Place. Building Permits 60. Clarification of Conditions. In the event that there needs to be PW On-going clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 61. If there are conflicts between the Vesting Tentative Map approval and the SDR approval pertaining to mapping or public improvements the Vesting Tentative Map shall take precedence. 62. Ownership and Maintenance of Improvements. Ownership and PW Final Map and maintenance of street right-of-ways, common area parcels and open Ongoing space areas and improvements shall be by the City of Dublin and The Green at Park Place Homeowner's Association as shown on the "Ownership and Maintenance Plan" Stage II PD Exhibits, Sheet C6.01, prepared by Ruggeri-Jensen-Azar, dated June 27, 2014, except the landscape parkway strip and sidewalk along the project frontage at Martinelli Way shall be City Owned and HOA maintained, and except as modified by these Conditions of Approval. 63. Covenants, Conditions and Restrictions (CC&Rs). A PW Improvement Homeowners' Association(s) and/or Property Owners' Association Plans shall be formed that covers both the residential and commercial parcels by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of the landscape, decorative pavement and other features within the public right of way contained in the Agreement for Long Term Encroachments; all open space and common area landscaping; all stormwater treatment measures; trail improvements; and the EVAE. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall contain a provision that parking for residential uses may overflow onto the commercial parcel(s). The parking study submitted and approved for the project assumed a certain amount of commercial parking spaces would serve as guest parking for the residential units. The CC&Rs shall also contain a provision that prohibits the amendment of those provisions of the CC&Rs requested by City without the City's approval. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, the landscaping & irrigation, decorative pavements, median islands, fences, walls, drainage, lighting, signs and other related improvements. The Developer shall submit a copy of the CC&R document to the City for review and approval relative to these conditions of approval. 64. Phased Improvements. Right-of-way dedication and installation of PW First Final Map public improvements may be done in phases as indicated on the Tentative Map and Site Development Review, subject to the review and approval of the City Engineer. With each phased Final Map, the City Engineer shall identify all improvements necessary to serve and 17 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: access the phased lots created. All rights-of-way and improvements, including utilities and traffic signal installation and modifications, identified by the City Engineer for construction within the boundaries of each phase of the development shall be required with the Final Map for that phase. In addition, the City Engineer may require the Developer to perform off-site grading in order to conform site grading to the adjacent grade outside of the phase proposed for development. 65. Private street and common area subdivision improvements. PW First Phase of Common area improvements, private streets, private alleys and all Improvement other subdivision improvements owned or maintained by the Plans homeowners' and/or property owners' association(s) are subject to review and approval by the City Engineer prior to Final Map approval and shall be included in the Tract Improvement Agreement for each respective tract. Such improvements include, but are not limited to: curb & gutter, pavement areas, sidewalks, access ramps & driveways; enhanced street paving; parking spaces; street lights (wired underground) and appurtenances; drainage facilities; utilities; landscape and irrigation facilities; open space landscaping; stormwater treatment facilities; striping and signage; and fire hydrants. 66. Private Street Easements. Public Utility Easements (PUE), Sanitary PW First Phase of Sewer Easements (SSE) and Water Line Easements (WLE) shall be Improvement established over the entire private street right-of-ways within all Plans subdivisions. The PUE, SSE and WLE dedication statements on each Final Map are to recite that the easements are available for, but not limited to, the installation, access and maintenance of sanitary and storm sewers, water, electrical and communication facilities. Project entry monument signs and walls shall not be located within these easements. 67. Private Street Easements. The Developer shall dedicate PW Final Emergency Vehicle Access Easements (EVAE) over the clear Acceptance of pavement width of all private streets and alleys. Easement Project geometry shall be subject to the approval of the City Engineer and Fire Marshall. 68. Intersections: The design of the intersections shall be generally as PW Improvement shown on the Tentative Map and the Site Development Review. The Plans Developer shall submit details of typical intersection layout showing the design for the ramps, sidewalks, lane lines, turn lanes, entry walls, stop signs, landscape planters, street trees, crosswalk locations and decorative pavement to be approved by the City Engineer prior to the submittal of the Improvement Plans. Final design details shall be subject to review and approval by the City Engineer. 69. Monuments. Final Maps shall include private street monuments to PW Improvement be set in all private streets. Private street monuments shall be set at Plans all intersections and as determined by the City Engineer. 70. Stormwater Source Control. "No Dumping Drains to Bay" storm PW Prior to drain medallions per City Standard Detail CD-704 shall be placed on Issuance of all public and private storm drain inlets. Building Permits 71. Curb Ramps: Curb ramp layouts are not approved at this time. The PW Prior to number, location and layout of all curb ramps shall be reviewed and Grading approved by the City Engineer with the Improvement Plans 18 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: associated with each Final Map. All pedestrian ramps shall be designed and constructed to provide direct access to marked or unmarked crosswalks. Each pedestrian ramp shall be oriented such that it is aligned and parallel to the marked or unmarked crosswalk it is intended to serve. Pedestrian ramps serving more than one marked or unmarked crosswalk shall not be provided, unless specifically approved by the City Engineer. 72. Trash Enclosures. The Developer shall construct trash enclosures PW Improvement at the site. Trash enclosures shall at a minimum meet all Plans requirements set forth in the Dublin Municipal Code (DMC) Section 7.98, and be approved by the trash collection company for the site (currently AVI). The Developer shall directly coordinate with AVI for their review and approval. The Developer shall submit written verification to the Public Works Department that AVI has reviewed and approved the trash enclosure size, location and design. 73. Utilities. All new utility service connections, including electrical and PW/PL Prior to communications, shall be installed underground. Electrical Issuance of transformers shall be installed in underground vaults within an Building appropriate utility easement or public service easement. Permits 74. Landscape Plans. Developer shall submit design development PW Final Map Landscape Plans with the first plan check for the street improvement Approval plans and final map for each respective tract. The Landscape Plans shall show details, sections and supplemental information as necessary for design coordination of the various civil design features and elements including utility location to the satisfaction of the City Engineer. Complete Landscape Plans shall be concurrently approved with the Tract Improvement Agreement and Final Map. 75. Street Light and Joint Trench Plans. Streetlight Plans and Joint PW In Conjunction Trench Plans shall be submitted with the first plan check for the with the Final street improvement plans and final map for each respective tract. Map or by The final streetlight plan and joint trench plan shall be completed Separate prior to Final Map approval for each respective subdivision. Instrument Prior to Occupancy 76. Geotechnical Investigation. The Developer shall submit a design PW Improvement level geotechnical investigation report defining and delineating any Plans seismic hazard. The report shall be prepared in accordance with guidelines published by the State of California. The report is subject to review and approval by a City selected peer review consultant prior to the acceptance of each Final map. The applicant shall pay all costs related to the required peer review. The recommendations of those geotechnical reports shall be incorporated into the project tans subject to the approval of the City Engineer. 77. Soils Report. The Developer shall submit a detailed soils report PW Improvement prepared by a qualified engineer, registered with the State of Plans California. The required report shall include recommendations regarding pavement sections for all project streets including Arnold Drive, Martinelli Way, and Hacienda Drive and all internal streets. Grading operations shall be in accordance with recommendations contained in the required soils report and grading shall be supervised by an engineer registered in the State of California to do such work. 78. Geotechnical Engineer Review and Approval. The Project PW[PL] On-going Geotechnical Engineer shall be retained to review all final grading 19 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: plans and specifications. The Project Geotechnical Engineer shall approve all grading plans prior to City approval and issuance of grading permits. 79. Grading. The disposal site and haul truck route for any off-haul dirt PW Prior to materials shall be subject to the review and approval by the City Working Engineer prior to the approval the improvement plans or issuance of Within the a Grading Permit. If the Developer does not own the parcel on Public Right of which the proposed disposal site is located, the Developer shall Way provide the City with a Letter of Consent, signed by the current owner, approving the placement of off-haul material on their parcel. A grading plan may be required for the placement of the off-haul material. 80. Underground Obstructions. Prior to demolition, excavation and PW Prior to Start grading on any portion of the project site, all underground of Public obstructions (i.e., debris, septic tanks, fuel tanks, barrels, chemical Improvements waste) shall be identified and removed pursuant to Federal, State and local regulations and subject to the review and approval by the City. Excavations shall be properly backfilled using structural fill, subject to the review and approval of the City Engineer. 81. Record Drawings. At the completion of construction, the Developer PW Prior to shall provide the Public Works Department bond and electronic Release of (PDF) copies of the civil, joint trench and landscape plans indicating Bonds all changes that were made during construction. 82. Storm Drain Video. Private and public storm drain pipes shall be PW Improvement videoed per the City of Dublin requirements. Notes specifying Plans and procedures shall be included on the improvement plans. prior to release of bonds 83. Water Quality Treatment. The provided Stormwater Management PW Improvement Plan included with the Tentative Map is approved in concept only. Plans The final Stormwater Management Plan is subject to City Engineer approval prior to approval of the Tract Improvement Plans. Approval is subject to the developer providing the necessary plans, details, and calculations that demonstrate the plan complies with the standards of the Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (MRP). 84. Non-City Agencies. The Applicant/Developer will be responsible for PW Improvement submittals and reviews to obtain the approvals of all participating Plans non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 85. Hydrology and Hydraulic Calculations. Hydrology and Hydraulic PW Improvement Calculations shall be provided for the design of the site storm drain Plans system. 86. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable Alameda County Issuance of Fire, Dublin Public Works Department, Dublin Building Department, Building Dublin Police Services, Alameda County Flood Control District Zone Permits 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this 20 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 87. Utility Siting Plan. The Applicant/Developer shall provide a final PW, PL Prior to Utility Siting Plan showing that transformers and service boxes are Issuance of placed outside of public view where possible and/or screened to the Grading satisfaction of the Community Development Director and City Permits Engineer. Applicant/Developer shall place all utility infrastructures underground including electric, telecommunications, cable TV, and gas in accordance with standards enforced by the appropriate utility agency. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer prior to installation. 88. Emergency Vehicle Access Easement Dedications. PW, F In Conjunction Applicant/Developer shall dedicate all needed emergency vehicle with the Final access easements from each adjacent public street to all fire access Map or by roads surrounding the site and buildings as defined by Alameda Separate County Fire Department and to the satisfaction of the City Engineer. Instrument Prior to Occupancy AGREEMENTS AND BONDS 89. Tract Improvement Agreement. The Developer shall enter into a PW Final Map Tract Improvement Agreement with the City of Dublin for all public improvements including any required offsite storm drainage or roadway improvements that are needed to serve the Tract that have not been bonded with another Tract Improvement Agreement. 90. Long Term Encroachment Agreement. The Developer shall enter PW Final Map into an "Agreement for Long Term Encroachments" with the City of Dublin to allow the HOA and/or POA to maintain the landscape and decorative features within the public right-of-way including frontage and median landscaping, decorative pavement and special features (i.e. walls, portals, benches, etc.) as generally shown on the Site Development Review exhibits. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Homeowner's and/or Property Owners' Association will be responsible for maintaining the surface of all decorative pavements including restoration required as a result of utility repairs. 91. Stormwater Treatment Measures Maintenance Agreement. The PW Final Map Developer shall enter into a "Stormwater Treatment Measures Maintenance Agreement" (O&M Agreement) with the City of Dublin that guarantees the perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.h of RWQCB Order R2-2009-0074 for the issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. This condition shall not apply if the water quality treatment measures are maintained by a GHAD or other pu blic entity. 92. Security. The Developer shall provide Faithful Performance security PW Final Map (100%), and Labor & Materials security (100%), to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Ma . 21 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 93. Maintenance Security. Upon acceptance of the improvements, the PW Acceptance of Faithful Performance security may be replaced with a maintenance Improvements bond that is 25% of the value of the Faithful Performance security. The maintenance bond is returned to the Developer within one year of City acceptance of the improvements. FEES 94. The Developer shall pay all applicable fees in effect at the time of PW Zone 7 and building permit issuance including, but not limited to, Planning fees, Parkland In- Building fees, Dublin San Ramon Services District fees, Public Lieu Fees due Facilities fees, Dublin Unified School District School Impact fees, prior to Final Public Works Traffic Impact fees, Alameda County Fire Services Map; fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Other Fees Alameda County Flood and Water Conservation District (Zone 7) required with Drainage and Water Connection fees and any other fees except and issuance of as otherwise noted in the Development Agreement. building permits 95. Parkland In-Lieu Fees. The Developer shall dedicate parkland or PW Prior to Filing pay in-lieu fees in the amounts and at the times set forth in City of Final Map Dublin Resolution No. 60-99, or in any resolution revising these amounts and as implemented by the Administrative Guidelines adopted by Resolution 195-99. PERMITS 96. Encroachment Permit. Developer shall obtain an Encroachment PW Start of Work Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 97. Grading/Sitework Permit. Developer shall obtain a PW Start of Work Grading/Sitework Permit from the Public Works Department for all grading and private site improvements that serves more than one lot or residential condominium unit. 98. Other Agency Permits. Developer shall obtain all permits required PW Issuance of by other agencies including, but not limited to Alameda County Flood Permit/Start of Control and Water Conservation District Zone 7, California Work Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. SUBMITTALS 99. All submittals of plans and Final Maps shall comply with the PW Improvement requirements of the "City of Dublin Public Works Department Plan or Final Improvement Plan Submittal Requirements", and the "City of Dublin Map Improvement Plan Review Check List". 100. The Developer will be responsible for submittals and reviews to PW Improvement obtain the approvals of all participating non-City agencies. The Plans or Final Alameda County Fire Department and the Dublin San Ramon Map Services District shall approve and sign the Improvement Plans. 101. Developer shall submit a Geotechnical Report, which includes street PW Grading/Impro pavement sections and grading recommendations. vement Plans or Final Map 102. Developer shall provide the Public Works Department a PDF file and PW Acceptance of digital vectorized file of the "master" CAD files for the project when 22 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: the Final Map has been approved. Digital raster copies are not Improvements acceptable. The digital vectorized files shall be in AutoCAD 14 or and Release higher drawing format. Drawing units shall be decimal with the of Bonds precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. FINAL MAP 103. All Final Maps shall be substantially in accordance with the Tentative PW Approval of Maps approved with this application, unless otherwise modified by Final Map these conditions. Multiple final maps may be filed in phases, provided that each phase is consistent with the tentative map, that phasing progresses in an orderly and logical manner and adequate infrastructure is installed with each phase to serve that phase as a stand-alone project that is not dependent upon future phasing for infrastructure. 104. All rights-of-way and easement dedications required by the Vesting PW Approval of Tentative Map shall be shown on the Final Map. Final Ma 105. Any phasing of the final mapping or improvements of a Vesting PW Approval of Tentative Map is subject to the approval and conditions of the City Final Map Engineer. 106. Street names shall be assigned to each public/private street PW Approval of pursuant to Municipal Code Chapter 7.08. The approved street Final Map names shall be indicated on the Final Map. 107. All Final Maps shall include street monuments to be set in all public PW Monuments to streets. be shown on Final Map and installed prior to acceptance of Improvements EASEMENTS 108. The Developer shall obtain abandonment from all applicable public PW Approval of agencies of existing easements and right of ways that will no longer Improvement be used. Plans and Final Map 109. The Developer shall acquire easements, and/or obtain rights-of-entry PW Approval of from the adjacent property owners for any improvements on their Improvement property. The easements and/or rights-of-entry shall be in writing Plans and and copies furnished to the City Engineer. Final Map GRADING 110. The Grading Plan shall be in conformance with the PW Approval of recommendations of the Geotechnical Report, the approved Grading Plans Tentative Map and/or Site Development Review, and the City design or Issuance of standards & ordinances. In case of conflict between the soil Grading engineer's recommendations and City ordinances, the City Engineer Permit. shall determine which shall apply. 111. A detailed Erosion Control Plan shall be included with the Grading PW Approval of Plan approval. The plan shall include detailed design, location, and Grading Plans maintenance criteria of all erosion and sedimentation control or Issuance of measures. Grading Permit. 23 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 112. Tiebacks or structural fabric for retaining walls shall not cross PW Approval of property lines, or shall be located a minimum of 2' below the finished Grading Plans grade of the upper lot. or Issuance of Grading Permit. 113. Bank slopes along public streets shall be no steeper than 3:1. The PW Approval of toe of any slope along public streets shall be one foot back of Grading Plans walkway. The top of any slope along public streets shall be three or Issuance of feet back of walkway. Minor exception may be made in the above Grading slope design criteria to meet unforeseen design constraints submit to Permits, and the approval of the City Engineer. Ongoing IMPROVEMENTS 114. The public improvements shall be constructed generally as shown PW Approval of on the Vesting Tentative Map and/or Site Development Review. Grading/Impro However, the approval of the Tentative Map and/or Site vement Plans Development Review is not an approval of the specific design of the or issuance of drainage, sanitary sewer, water, and street improvements. grading permits. 115. All public improvements shall conform to the City of Dublin Standard PW Approval of Plans and design requirements and as approved by the City Grading/Impro Engineer. vement Plans or Start of Construction. 116. Martinelli Way. The Developer shall dedicate two feet (2') of right- PW Final Map of-way and install street improvements along the project's Martinelli Way frontage. Required street improvements include, but are not limited to: removal of existing asphalt concrete sidewalk; construction of new ten foot (10') wide Class I pedestrian/bike trail and four foot (4') wide (inclusive of curb) landscape strip; driveways; curb ramps; street trees; irrigation and relocation of utilities. Developer shall also install root barriers adjacent to both sidewalk and back of curb within landscape strip. 117. Arnold Road — North of Project Driveway. The Developer shall PW Final Map construct frontage improvements along Arnold Road, north of the project driveway, such that the curb-to-median curb width is twenty six feet (26') and include a twelve foot (12') travel lane, six foot (6) bike lane and eight foot (8') parking lane. The Developer shall also install a five foot (5) (inclusive of curb width) monolithic sidewalk. Required roadway improvements on Arnold Road north of the Project driveway shall include, but are not limited to: curb, gutter, sidewalk, curb ramps, drainage structures and relocation of utilities. 118. Arnold Road — North of Project Driveway. Approximately 12-18 PW Final Map feet of excess right-of-way behind the new back-of-walk shall be vacated with the first Final Map for the project in accordance with Subdivision Map Act Sections 66434(g) and 66436. The new right- of-way line shall coincide with the new back-of-walk. 119. Arnold Road — South of Project Driveway. The Developer shall PW Final Map dedicate right-of-way and construct frontage improvements along Arnold Road, south of the project driveway, such that the curb-to- median curb width is twenty six feet (26') and include a twelve foot (12') travel lane, six foot (6) bike lane and eight foot (8') parking lane. The Developer shall also install a five foot (5) (inclusive of 24 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: curb width monolithic sidewalk. 120. Arnold Road cul-de-sac. The Developer shall dedicate and secure PW First Final Map the dedication of right-of-way and install complete roadway and requiring utility improvements for the construction of a new cul-de-sac at the frontage current southern terminus of Arnold Road near the southwest corner improvement of the project. The Developer shall facilitate and secure the on Arnold dedication of right-of-way required on the adjacent Alameda County Road Surplus Property Authority (ACSPA) parcel necessary for the construction of the new cul-de-sac. Dedication of the required right- of-way by ACSPA shall be recorded prior to approval of the First Final Map that requires frontage improvements on Arnold Road. 121. Arnold Road cul-de-sac. Required roadway and utility PW First Final Map improvements for the Arnold Road cul-de-sac shall include, but are requiring not limited to: removal/reconstruction of existing median nose, frontage removal of existing traffic islands, installation of pavement, curb, improvement gutter, sidewalk, curb ramps, driveways, drainage structures, utilities, on Arnold street lights, and fire hydrants. The minimum curb-to-curb diameter Road for the cul-de-sac shall be ninety six feet (96'). Final design of cul- de-sac and connection to Alta Mirano Avenue shall be subject to review and approval of the Fire Marshall and the City Engineer. 122. Arnold Road cul-de-sac. The Developer shall use diligent PW First Final Map commercially reasonable efforts to obtain, at its cost, any right-of- requiring way, access rights and other consents and approvals from affected frontage property owners necessary to complete improvements for the Arnold improvement Road cul-de-sac; provided, however, that if the Developer is unable, on Arnold through the use of diligent commercially reasonable efforts, to obtain Road the necessary right-of-way, access rights and other consents and approvals for any portion of the Arnold Road cul-de-sac (an "Unacquired Portion") by the date that is six months before the date construction is scheduled to Commence, the Developer shall so notify the City in writing, and either: a. City shall procure the necessary right-of-way, access rights and other consents and approvals for the applicable Unacquired Portion and shall seek to gain possession of the Unacquired Portion within a timeframe that will not delay Developer's schedule. Developer's obligation to Commence Construction with respect to the applicable Unacquired Portion shall be tolled until City has procured the necessary right-of-way, access rights and other consents and approvals; or b. If City has not procured the necessary right-of-way, access rights and other consents and approvals within two years after the date Construction Commenced on the Arnold Road cul-de-sac, Developer shall be released from its obligations under these Conditions of Approval and any of the other approvals with respect to the construction of the cul-de-sac. The Developer shall then be responsible for construction of the alternate `hammerhead' turnaround as shown on the Vesting Tentative Map. 123. Public streets shall be at a minimum 1% slope with minimum gutter PW Approval of flow of 0.7% around bumpouts. Private streets and alleys shall be at Grading/Impro minimum 0.5% slope. vement Plans or Start of 25 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: Construction. Ongoing 124. Curb Returns on arterial and collector streets shall be 40-foot radius, PW Approval of all internal public streets curb returns shall be minimum 30-foot Grading/Impro radius (36-foot with bump outs) and private streets/alleys shall be a vement Plans minimum 20-foot radius, or as approved by the City Engineer. Curb or Start of ramp locations and design shall conform to the most current Title 24 Construction. and Americans with Disabilities Act requirements and as approved Ongoing by the City Traffic Engineer. 125. All landscaping and any architectural structure shall be no more than PW Improvement 30 inches tall inside the Visibility zone established by a Safe Plans Stopping Sight Distance at the project entrances on Martinelli Way and Arnold Road. The Safe Stopping Sight Distance shall be based on the 35 MPH on Martinelli Way and 30 MPH on Arnold Road. The sight distances shall be prepared by a Traffic Engineer and shall be reviewed and approved by the City Traffic Engineer. 126. Decorative pavers, stamped concrete or other similar non-standard PW Approval of pavement sections shall not be installed on any public right of way, Grading/Impro unless the design and location is reviewed and approved by the City vement Plans Engineer. In general, decorative pavement (pavers, or similar non- or Start of standard pavement sections) shall not be installed over traffic Construction. detector loops, inside crosswalks or within thirty feet (30') of any Ongoing crosswalk or STOP bar. Decorative pavements shall not interfere with the placement of traffic control devices, including pavement markings. Maintenance costs of the decorative paving shall be the responsibility of the Homeowners Association. 127. Median Landscaping. Median landscaping at the main entrance to PW Improvement the site from Martinelli Way shall not exceed maximum height for Plans and sight distance requirements. ongoing 128. Utility Design. All utility design including but not limited to storm PW Geotechnical drain and storm water treatment measures shall be located as not to Report and compromise the integrity of the building foundations for Improvement excavation/maintenance of utility is needed. Geotechnical Engineer Plans Report shall address the clearance required. 129. Bike Lanes on Arnold Drive. Bike Lanes shall be provided along PW Improvement the frontage of the project on Arnold Road. Bike lane design shall be Plans reviewed and approved by the City Traffic Engineer. 130. TDM Plan. Developer shall prepare a Transportation Demand PW Prior to Management Plan (TDM) Plan as per the SEIR mitigations. The Approval of TDM plan shall be reviewed and approved by the City Traffic Final Map Engineer prior to implementation and shall include additional TDM measures for residential development beyond those that are noted in the SEIR. 131. Class 1 Trail. Developer shall construct a Class 1 Trail at least 10 PW Improvement feet wide with adequate clearances from the intersection of Martinelli Plans Way and Hacienda Drive, south along the Hacienda Drive frontage and west along the southern property frontage, to the southern terminus of Arnold Drive to connect to the trail along Altamirano Way, and as approved by the City Engineer. 132. Traffic Signal and Median Modifications. Developer shall modify PW Improvement traffic signal at the intersection of Martinelli Way and project Plans driveway, and at Martinelli Way and Hacienda Drive. The medians 26 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: along Martinelli Way and Hacienda Drive shall be modified to accommodate safe turning movements and overall traffic circulation. The changes to the intersection at Martineli Way and Hacienda Drive will trigger significant changes to the signal operations along Hacienda Drive. Developer shall pay for any needed operational changes including traffic consultant costs for updating signal coordination plans, and field implementation of operational changes at the intersection. Developer shall submit any traffic signal operational changes to the City Traffic Engineer for review and approval prior to field implementation. Developer shall install a traffic monitoring camera and associated equipment at the intersection of Hacienda Drive and Martinelli Way. 133. Trash Capture. The project Stormwater Management Plan shall PW Improvement incorporate full trash capture measures such as screens, filters or Plans CDS/Vortex units to address the requirements of Provision C.10 of the Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (MRP) to the satisfaction of the City Engineer. 134. Stormwater Treatment. Developer shall incorporate source control PW Improvement measures, stormwater treatment measures, and trash capture Plans measures into the site design as required pursuant to Provision C.3 and C.10 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2009-0074, CAS612008. 135. The Developer shall install all traffic signs and pavement marking as PW Occupancy of required by the City Engineer. Units or Acceptance of Improvements 136. Street light standards and luminaries shall be designed and installed PW Occupancy of per approval of the City Engineer. The maximum voltage drop for Units or streetlights is 5%. Acceptance of Improvements 137. The Developer shall construct bus stops and shelters at the PW Occupancy of locations designated and approved by the LAVTA and the City Units or Engineer. The Developer shall pay the cost of procuring and Acceptance of installing these improvements. Bus stops shall have a bus pull-out Improvements with an entry taper of 40 feet, exit taper of 80 feet and the bus landing area 80 feet long and 12 feet deep. All bus stops shall have the electricity connection for any future upgrades to electronic signs as per LAVTA guidelines and/or standards. 138. Developer shall construct all potable and recycled water and sanitary PW Occupancy of sewer facilities required to serve the project in accordance with Units or DSRSD master plans, standards, specifications and requirements. Acceptance of Improvements 139. Fire hydrant locations shall be approved by the Alameda County Fire PW Occupancy of Department. A raised reflector blue traffic marker shall be installed in Units or the street opposite each hydrant. Acceptance of Improvements 140. The Developer shall furnish and install street name signs for the PW Occupancy of project to the satisfaction of the City Engineer. Units or Acceptance of Improvements 141. Developer shall construct gas, electric, cable TV and communication PW Occupancy of improvements within the fronting streets and as necessary to serve Units or 27 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: the project and the future adjacent parcels as approved by the City Acceptance of Engineer and the various Public Utility agencies. Improvements 142. All electrical, gas, telephone, and Cable TV utilities, shall be PW Occupancy of underground in accordance with the City policies and ordinances. Units or All utilities shall be located and provided within public utility Acceptance of easements and sized to meet utility company standards. Improvements 143. All utility vaults, boxes and structures, unless specifically approved PW Occupancy of otherwise by the City Engineer, shall be underground and placed in Units or landscape areas and screened from public view. Prior to Joint Acceptance of Trench Plan approval, landscape drawings shall be submitted to the Improvements City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. CONSTRUCTION 144. Construction Hours. Standard construction and grading hours PW On-going as shall be limited to weekdays (Monday through Friday) and non-City needed holidays between the hours of 7:30 a.m. and 5:30 p.m. The Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 145. Construction Trash/Debris. Measures shall be taken to contain all PW, B, PL Prior to construction related trash, debris, and materials on-site until disposal Construction off-site can be arranged. The Applicant/Developer shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 146. Construction Fencing. The use of any temporary construction PL, PW, B Prior to fencing shall be subject to the review and approval of the City Issuance of Engineer and the Building Official. Building Permits 147. Erosion Control during Construction. Applicant/Developer shall PW Ongoing as include an Erosion and Sediment Control Plan with the Grading and needed Improvement plans for review and approval by the City Engineer. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1s` and April 15`" or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 148. If archaeological materials are encountered during construction, PW Ongoing as construction within 100 feet of these materials shall be halted until a needed professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 149.1 Developer shall prepare a construction noise management plan that PW Start of 28 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: identifies measures to be taken to minimize construction noise on Construction, surrounding developed properties. The plan shall include hours of Implementatio construction operation, use of mufflers on construction equipment, n, and speed limit for construction traffic, haul routes and identify a noise Ongoing as monitor. Specific noise management measures shall be provided needed prior to project construction. 150. Developer shall prepare a plan for construction traffic interface with PW Start of public traffic on any existing public street. Construction traffic and Construction, parking may be subject to specific requirements by the City Implementatio Engineer. n, and Ongoing as needed 151. The Developer shall be responsible for controlling any rodent, PW Ongoing mosquito, or other pest problem due to construction activities. 152. The Developer shall be responsible for watering or other dust- PW Ongoing palliative measures to control dust as conditions warrant or as directed by the City Engineer. 153. The Developer shall provide the Public Works Department with a PW Issuance of letter from a registered civil engineer or surveyor stating that the Building building pads have been graded to within 0.1 feet of the grades Permits or shown on the approved Grading Plans, and that the top & toe of Acceptance of banks and retaining walls are at the locations shown on the Improvements approved Grading Plans. STORM WATER QUALITY NPDES 154. Prior to any clearing or grading, the Developer shall provide the City PW Start of any evidence that a Notice of Intent (NOI) has been sent to the California construction State Water Resources Control Board per the requirements of the activities NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 155. The Storm Water Pollution Prevention Plan (SWPPP) shall identify PW SWPPP to be the Best Management Practices (BMPs) appropriate to the project prepared prior construction activities. The SWPPP shall include the erosion control to approval of measures in accordance with the regulations outlined in the most improvement current version of the ABAG Erosion and Sediment Control plans, Handbook or State Construction Best Management Practices implementatio Handbook. The Developer is responsible for ensuring that all n prior to start contractors implement all storm water pollution prevention measures of construction in the SWPPP. and ongoing as needed 156. Prior to issuance of any building permit, complete improvement DSRSD Issuance of plans shall be submitted to DSRSD that conform to the requirements Building of the Dublin San Ramon Services District Code, the DSRSD Permits "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 157. All mains shall be sized to provide sufficient capacity to DSRSD Issuance of accommodate future flow demands in addition to each development Improvement project's demand. Layout and sizing of mains shall be in Plans conformance with DSRSD utility master planning. 158. Sewers shall be designed to operate by gravity flow to DSRSD's DSRSD Issuance of existing sanitary sewer system. Pumping of sewage is discouraged Improvement 29 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: and may only be allowed under extreme circumstances following a Plans case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 159. Domestic and fire protection waterline systems for Tracts or DSRSD Issuance of Commercial Developments shall be designed to be looped or Improvement interconnected to avoid dead end sections in accordance with Plans requirements of the DSRSD Standard Specifications and sound engineering practice. 160. DSRSD policy requires public water and sewer lines to be located in DSRSD Issuance of public streets rather than in off-street locations to the fullest extent Improvement possible. If unavoidable, then public sewer or water easements Plans must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 161. Prior to approval by the City of a grading permit or a site DSRSD Issuance of development permit, the locations and widths of all proposed Improvement easement dedications for water and sewer lines shall be submitted Plans to and approved by DSRSD. 162. All easement dedications for DSRSD facilities shall be by separate DSRSD Issuance of instrument irrevocably offered to DSRSD or by offer of dedication on Improvement the Final Map. Plans 163. Prior to approval by the City for Recordation, the Final Map shall be DSRSD Issuance of submitted to and approved by DSRSD for easement locations, Improvement widths, and restrictions. Plans 164. Prior to issuance by the City of any Building Permit or Construction DSRSD Issuance of Permit by the Dublin San Ramon Services District, whichever comes Building first, all utility connection fees including DSRSD and Zone 7, plan Permits checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 165. No sewer line or waterline construction shall be permitted unless the DSRSD Issuance of proper utility construction permit has been issued by DSRSD. A Improvement construction permit will only be issued after all of the items in the Plans condition immediately above have been satisfied. 166. Prior to issuance by the City of any Building Permit or Construction DSRSD Issuance of Permit by the Dublin San Ramon Services District, whichever comes Building first, all improvement plans for DSRSD facilities shall be signed by Permits the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 30 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: 167. The applicant shall hold DSRSD, its Board of Directors, DSRSD Issuance of commissions, employees, and agents of DSRSD harmless and Building indemnify and defend the same from any litigation, claims, or fines Permits resulting from the construction and completion of the project. 168. Improvement plans shall include recycled water improvements as DSRSD Issuance of required by DSRSD. Services for landscape irrigation shall connect Improvement to recycled water mains. Applicant must obtain a copy of the DSRSD Plans Recycled Water Use Guidelines and conform to the requirements therein. 169. Above ground backflow prevention devices/double detector check DSRSD Issuance of valves shall be installed on fire protection systems connected to the Improvement DSRSD water main. The applicant shall collaborate with the Fire Plans Department and with DSRSD to size and configure its fire system. The applicant shall minimize the number of backflow prevention devices/double detector check valves installed on its fire protection system. The applicant shall minimize the visual impact of the backflow prevention devices/double detector check valves through strategic placement and landscaping. 170. A utility plan showing routing of improvements and demolition of DSRSD Issuance of existing utilities (if any). Zone 7 Turnout and DSRSD Fluoride Improvement St ora e Facilit shall be shown on final plans. Plans 171. DSRSD has major water infrastructure in the area in the form of DSRSD Ongoing pipelines going from DSRSD Turnout 4 to customers. Applicant shall ensure that the DSRSD infrastructure is not damaged or compromised during the construction of this project. 172. DSRSD maintains radio communications links between Turnout 4 DSRSD Occupancy of and Pump Station 10A and Reservoir 10A for transmission of first tenant SCADA information. Applicant plans will be reviewed to ensure the space communications links will remain unbroken Applicant, DSRSD and City of Dublin will coordinate to be sure this DSRSD communications link will remain operative and reliable after construction. 173. Development plans will not be approved until landscape plans are DSRSD Issuance of submitted and approved. Sitework Permit 174. Grading for construction shall be done with recycled water. DSRSD Ongoing 175. Temporary potable irrigation meters in areas with recycled water DSRSD Ongoing service shall only be allowed for cross-connection and coverage testing for a maximum of 14 calendar days. 176. Where the narrow width of a proposed alley or cul-de-sac would DSRSD Issuance of make the standard spacing between water mains and sewer mains Sitework unworkable, the developer must request an exemption from Permit DSRSD's standard spacing requirements between mains. Such an exemption may be granted, but only if: 1. The spacing between the sewer and water main is the maximum width possible using the proposed width of the alley. 2. In no case is the spacing between the sewer and water main less than five (5) feet measured edge to edge. 3. The vertical separation between the water line and the sewer line is at least one (1) foot with the sewer line deeper than the water line. 4. The material for the water line is Class 200 pressure rated PVC water pipe (DR 14 per AWWA C900-97 & C905-97) and the material for the sewer main is PVC pipe using bell and spigot joints using rubber g askets meeting the requirements of ASTM D3034, SDR26, 31 CONDITION TEXT RESPON. WHEN REQ'D AGENCY Prior to: cell classification 12454-B or 12454-C. Developer should be aware that the exemption is not guaranteed to be granted, but may be granted if all special provisions for the narrow alleyway are followed. 177. The project is located within the District Recycled Water Use Zone DSRSD Issuance of (Ord. 301), which calls for installation of recycled water irrigation Sitework systems to allow for the future use of recycled water for approved Permit landscape irrigation demands. Recycled water will be available as described in the DSRSD Water Master Plan Update, December 2005. Unless specifically exempted by the District Engineer, compliance with Ordinance 301, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services requirements for recycled water irrigation design. PASSED, APPROVED AND ADOPTED this 26th day of August 2014 by the following vote: AYES: Bhuthimethee, O'Keefe, Do NOES: Goel, Kohli ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPk20131PLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.141Att 4-SDR Reso.docx 32 RESOLUTION NO. xx-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER CEQA FOR THE GREEN MIXED USE PROJECT (PLPA-2013-00013) (APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00) WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning Application to construct six residential neighborhoods with 372 units in multiple buildings and a complementary commercial district with approximately 37,000 square feet of future retail and restaurant buildings with associated outdoor seating areas on a 27.5-acre site. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Green Mixed Use Project" or the "Project"; and WHEREAS, 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 WHEREAS, the Project Site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereinafter "Eastern Dublin EIR"), which is available for review in the Planning Division and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and area-wide mitigation measures for developing Eastern Dublin, including the Project Site; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93, incorporated herein by reference), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin, including the Project; and WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA (Resolution 53-93); and 1 WHEREAS, in 2004, the City approved amendments to the General Plan and the Eastern Dublin Specific Plan to change the land use designation on the Project site from Campus Office to General Commercial, which would have allowed an IKEA furniture retail store and other commercial uses on the site. Approved square footages included up to 317,000 for the proposed IKEA facility and up to 137,000 square feet of retail space on a separate parcel just east of the IKEA facility but on the same site. The City prepared a Supplemental EIR (SCH #2003092076) to assess the impacts of that land use change ("IKEA SEIR"). The IKEA SEIR evaluated the following impacts: Air Quality, Biological Resources, and Transportation and Circulation. On March 16, 2004, the City certified the IKEA SEIR and adopted a Statement of Overriding Considerations for the following impacts: excessive levels of ozone precursors above regulatory thresholds on a project and cumulative basis, excessive levels of carbon monoxide emissions above regulatory thresholds, and increase of project traffic on local freeways on a cumulative basis (City Council Resolution No. 44-04); and WHEREAS, the City prepared an Initial Study, dated July 11, 2013 ("Initial Study"), for the Project, consistent with Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163, in order to determine if a supplement to the Eastern Dublin EIR and IKEA SEIR was required under CEQA standards. The Initial Study determined that a supplement to the Eastern Dublin EIR and IKEA SEIR would be prepared to address certain environmental impacts of the Project. The Initial Study also concluded that many of the environmental impacts of the Project were within the scope of the Eastern Dublin EIR and IKEA SEIR and that the certified Eastern Dublin EIR and IKEA SEIR adequately described and analyzed these impacts for CEQA purposes; and WHEREAS, the City circulated a Notice of Preparation, dated July 12, 2013, to public agencies and interested parties for consultation on the scope of the EIR. The City also conducted a public scoping meeting on July 30, 2013; and WHEREAS, the City prepared a Draft Supplemental Environmental Impact Report, dated May 2014, ("Draft SEIR") for the proposed Project that reflected the City's independent judgment and analysis of the potential environmental impacts of the Project. The Draft SEIR is incorporated herein by reference; and WHEREAS, the Draft SEIR was circulated for public review from May 7, 2014 to June 23, 2014 (45 days); and WHEREAS, the City received comment letters from State, regional, and local agencies and interested parties during the public review period. In accordance with the requirements of CEQA, the City prepared written responses to all the comments received during the public comment period. The City prepared a Final SEIR (that includes the Responses to Comments), dated August 2014, for the proposed Project, which included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the Draft SEIR. The responses to comments provide the City's good faith, reasoned analysis of the environmental issues raised by the comments. The Draft and Final SEIR are attached as Exhibit A to this Resolution and are incorporated herein by reference. The complete The Green Mixed Use Project SEIR incorporates the Draft SEIR and the Final SEIR together and is referred to hereafter as "the SEIR"; and 2 WHEREAS, the City carefully reviewed the comments and written responses and determined that the Final SEIR, including the clarifications and minor corrections to the Draft SEIR, does not constitute significant new information requiring recirculation of the Draft SEIR under the standards in CEQA Guidelines section 15088.5; and WHEREAS, on August 26, 2014, the Planning Commission held a public hearing on the Project, at which time all interested parties had the opportunity to be heard. After reviewing the Staff Report, the SEIR, including comments and responses, the Eastern Dublin EIR, the IKEA SEIR, and other information in the record as a whole, the Planning Commission adopted a Resolution 14-47 recommending that the City Council certify the SEIR, adopt certain findings, and adopt a Mitigation Monitoring and Reporting Program, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a Staff Report, dated November 4, 2014 and incorporated herein by reference, described and analyzed the Project and the SEIR for the City Council; and WHEREAS, the City Council reviewed the Staff Report, the SEIR, including comments and responses, at a noticed public hearing on November 4, 2014, at which time all interested parties had the opportunity to be heard; and WHEREAS, the SEIR, including comments and responses, reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project; and WHEREAS, the EIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures; therefore, approval of the Project will require adoption of findings on impacts and mitigations as set forth in attached Exhibit B; and WHEREAS, the EIR identified significant and unavoidable environmental impacts of the Project; therefore, approval of the Project will require adoption of findings concerning mitigations as set forth in attached Exhibit B, findings concerning alternatives as set forth in attached Exhibit C, and a Statement of Overriding Considerations as set forth in attached Exhibit D; and WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is attached as Exhibit E; and WHEREAS, the EIR and all the documents relating to the Project are available for review in the City Planning Division at the Dublin City Hall, file PLPA-2013-00013, during normal business hours. The location and custodian of the SEIR and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file PLPA-2013-00013. NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin City Council certifies the following: A. The foregoing recitals are true and correct and made a part of this Resolution. 3 B. The SEIR, consisting of the Draft SEIR and Final SEIR attached as Exhibit A, has been completed in compliance with CEQA, the CEQA Guidelines, and the City of Dublin Environmental Guidelines. C. The City Council has independently reviewed and considered the information contained in the SEIR, including the written comments received during the Draft SEIR review period and the oral and written comments received at the public hearing, prior to acting on the Project. D. The SEIR reflects the City's independent judgment and analysis on the potential environmental impacts of the Project. The SEIR provides information to the decision- makers and the public on the environmental consequences of the Project. E. The SEIR adequately describes the Project, its significant environmental impacts, mitigation measures, and a reasonable range of alternatives to the Project. BE IT FURTHER RESOLVED that the Dublin City Council adopts the mitigation measures and impact and mitigation findings set forth in Exhibit B, the findings concerning feasibility of alternatives and additional mitigation measures set forth in Exhibit C, the Statement of Overriding Considerations set forth in Exhibit D, and the Mitigation Monitoring and Reporting Program set forth in Exhibit E. Exhibits A, B, C, D, and E are incorporated herein by reference, all in compliance with the requirements of CEQA. . PASSED, APPROVED, AND ADOPTED this 4t" day of November 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4