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HomeMy WebLinkAbout11-13-2012 - AgendaPlanning Commission Regular Meeting City of Dublin November 13, 2012 City Council Chambers 7:00 P.M. 100 Civic Plaza 1. CALL TO ORDER & ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ADDITIONS OR REVISIONS TO THE AGENDA 4. MINUTES OF PREVIOUS MEETINGS – October 9, 2012 5. ORAL COMMUNICATION - At this time, members of the public may address the Planning Commission on any non-agendized item(s) of interest to the public. In accordance with State Law, no action or discussion may take place on any item not appearing on the Planning Commission agenda. The Planning Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the Assistant Community Development Director regarding proper procedure to place an item on a future Planning Commission agenda. 6. CONSENT CALENDAR 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PLPA 2011-00003 – Moller Ranch (Braddock & Logan Services, Inc.) General Plan and Eastern Dublin Specific Plan Amendments, Planned Development rezone with related Stage 1 and Stage 2 Development Plan, Vesting Tentative Tract 8102, a Development Agreement and a Supplemental Environmental Impact Report. 8.2 PLPA-2012-00060 Community Benefit Agreement and Development Agreement for the Kingsmill Group Mixed-Use Retail/Residential project at the former Crown Chevrolet site in Downtown Dublin. 8.3 PLPA-2012-00061 Commercial Corridor Design Guidelines. Creation of design guidelines for commercial and industrial properties, amendments to the Zoning Ordinance (Chapter 8.33 and Chapter 8.104), and an amendment to the Zoning Map for the purposes of project implementation. 8.4 Eastern Dublin Specific Plan Amendment to Eliminate the Requirement for Development Agreements and related Financing Plans and Infrastructure Sequencing Programs. 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS: 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). 11. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5 If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less than 72 hours prior to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Department. (OVER FOR PROCEDURE SUMMARY) �pF Dpi 19 l7NJ 82 STAFF REPORT �rFOU PLANNING COMMISSION DATE: November 13, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING - PLPA-2011-00003 Moller Ranch (Braddock & Logan Services, Inc.) General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development rezone with related Stage 1 and Stage 2 Development Plan, Vesting Tentative Tract Map, Development Agreement, and a Supplemental Environmental Impact Report for a 226.3-acre project area located along the east side of Tassajara Road south of the City limits Report prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: In order to allow time to adequately respond to comments received on the Supplemental Environmental Impact Report, Staff recommends that the item be continued to a future Planning Commission meeting. The Public Hearing will be re-noticed. ANAYLSIS: The Applicant is requesting approval of land use amendments to both the General Plan and the Eastern Dublin Specific Plan, a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans to change the land use designation and zoning, as follows: a) 79.6 acres - Single-Family Residential (.09 to 6 units per acre), b) 136.8 acres - Rural Residential/Agricultural (1 unit per 100 acres), c) 7.6 acres - Open Space/Stream Corridor, d) 1.2 acres - Semi-Public, and e) 1.1 acres - no change to Neighborhood Park. Concurrent approval has been requested for Vesting Tentative Tract Map 8102 for 370 single-family detached homes, and a Development Agreement. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Continue the item to a date uncertain. Submitted By Review By Mike Porto, Consulting Planner Assistant Community Development Director ITEM NO. . Page 1 of 1 GAPAA2011\PLPA-2011-00003 Moller Ranch B&L\PC Mtg 11.13.12\PCSR Continuance 11.13.12.doc G��pF DpB� STAFF REPORT 1 182 PLANNING COMMISSION DATE: November 13, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2012-00060, Community Benefit Agreement and Development Agreement between the City of Dublin and the Kingsmill Group/Diamond Heights Investments Report Prepared by Linda Smith, Economic Development Director and Public Information Officer EXECUTIVE SUMMARY: The Kingsmill Group/Diamond Heights Investments seeks to develop the former Crown Chevrolet site located in Downtown Dublin. Under the Downtown Dublin Specific Plan, a Community Benefit Agreement is required in order to allocate units from the Development Pool. Additionally, Kingsmill Group/Diamond Heights Investments has requested a Development Agreement to secure the future entitlements. In exchange for the allocation of residential units and the benefits in the Agreement, the developer is offering to donate a portion of their land to a non-profit affordable housing developer. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance approving a Community Benefit Agreement and Development Agreement between the City of Dublin and the Kingsmill Group/Diamond Heights Investments for a Mixed-Use Retail/Residential Project. 0 f (__� Submitted By: Re ' ed By Economic Development Director Assistant Director of Community Development COPIES TO: Applicant File Q Page 1 of 5 ITEM NO.: U DESCRIPTION: The Kingsmill Group/Diamond Heights Investments, a residential development company, plans to develop the former Crown Chevrolet site at the corner of Dublin Boulevard and Golden Gate Drive. The parcel includes two sites — a 4.97-acre site to the north and a 1.37-acre site south of St. Patrick Way. Staff met with the Kingsmill Group/Diamond Heights Investments and their representatives on several occasions to discuss the potential project, which is envisioned to be a mixed-use residential development that will help to reshape the Downtown area. Kingsmill Group/Diamond Heights Investments has formally submitted an application to the Community Development Department and it is currently being reviewed by City Staff. The project includes two components: 1) Kingsmill Group/Diamond Heights Investments proposes to develop 314 apartment units on the northern 4.97-acre site, along with approximately 17,000 of retail space on the first floor facing towards Dublin Blvd; and 2) On the southern 1.37-acre piece, Kingsmill Group/Diamond Heights Investments proposes to partner with Eden Housing to entitle a 76-unit veteran's housing project that Eden Housing will develop, own and manage over the long term. The development of veterans housing is a key City Council Strategic Initiative. Staff presented the proposed terms of an agreement to the City Council at their June 19, 2012 meeting. The City Council directed Staff to proceed with negotiation of an agreement. Since that time, the developer has requested two minor changes to the terms. The first is the addition of four additional units on the larger parcel, which may be offset by a reduction in units for the veteran's project, as Eden may opt for different bedroom counts internal to the project. The second is the reduction of the extensions allowed from seven years to five years. This is due to Kingsmill Group/Diamond Heights Investments opting not to process a condo map with the project submittal. The purpose of development agreements "lock in" the land-use rules in effect at the time the agreement becomes effective. They give developers the certainty that they can proceed with their projects, even if the City's land use policies change in the future. While typically the City has not processed a Development Agreement in advance of a project entitlement, it is not unprecedented. The City and the Lin Family entered into a Master Development Agreement for Dublin Ranch that preceded individual development applications. This agreement would lock in the rules in effect at the present time and, further, provides that, if the project is eventually approved, the developer would have a right to proceed with the project notwithstanding any subsequent changes in City rules. Staff is requesting that the Planning Commission make a recommendation on the Community Benefit/Development Agreement at this time in order to assist Eden Housing with their timeframe for tax credit financing, which will occur in late winter/early spring 2013. The agreement will not prevent the City, including the Planning Commission, from exercising the discretion it has to review the project. In other words, the City could still, notwithstanding the agreement, deny the project if it does not meet the standards set out in the rules currently in effect. 2of5 ANALYSIS: Following is an overview of the terms of the proposed Community Benefit/Development Agreement: • Kingsmill Group/Diamond Heights Investments will receive a Development Agreement for an initial five-year term with options to extend for five additional years. The Development Agreement will vest the current General Plan land use and zoning designations and the proposed entitlement, if and when it is approved by the City. o For years 6 through 10 of the Development Agreement, Kingsmill Group/Diamond Heights Investments will pay the City $100,000 annually. • The term of the units obtained from the Development Pool is two years from the City approval of the Agreement (as further described below), unless extended by the City. • Kingsmill Group/Diamond Heights Investments will reserve 390 units of the Downtown Specific Plan's Development Pool, 314 units for their market rate project and 76 units for the proposed Eden Housing veteran's housing project. • As the community benefit for receiving units from the Specific Plan's Development Pool and as consideration for the development agreement, Kingsmill Group/Diamond Heights Investments will transfer ownership of the southern 1.37-acre site to Eden Housing for the development and construction of veteran's housing for a nominal fee. • Kingsmill Group/Diamond Heights Investments will satisfy its affordable housing obligation by way of the dedication of the land to Eden for the veteran's project. Projects within the Downtown Dublin Specific Plan (DDSP) require a Community Benefit Agreement between the Developer and the City. The Specific Plan identifies the number of residential units that may be constructed in the Plan area and establishes a pool of these units. A developer must pull units from this pool and provide a benefit to the community for the use of these units. A Community Benefit Agreement is required to ensure that a benefit is provided and establishes a timeframe in which the developer must construct the units. The units are returned to the pool at the end of the established timeframe if not constructed. A Development Agreement is not required, although there is nothing prohibiting a Developer from seeking one for their proposed project. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to obtain certain commitments and establish certain development rights for the property. The proposed Development Agreement addresses the entire 6.34-acre area which includes the 4.97-acre site at the southeast corner of Dublin Blvd. and Golden Gate Drive and the 1.37-acre parcel at the southeast corner of St. Patrick Way and Golden Gate Drive. Subsequent proposals for development on the two parcels remain subject to the requirement for future Site Development Review (SDR) approvals. Development Agreements are approved by an Ordinance of the City Council upon recommendation by the Planning Commission. The proposed Community Benefit/Development Agreement (Attachment 1 to Exhibit A of Attachment 1) was drafted with input from City Staff, 3 of 5 the developer, and the City Attorney. Staff is requesting that the Planning Commission recommend approval to the City Council. ENVIRONMENTAL REVIEW: The project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, the Community Benefit Agreement and Development Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. A Community Benefit Agreement/Development Agreement to allocate residential development is authorized under the DDSP. The environmental impacts of the residential development authorized by such an allocation were analyzed in the Specific Plan EIR. There is no substantial evidence in the record that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists. PUBLIC NOTIFICATION: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project as well an expanded area which includes surrounding developments. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. A copy of this Staff Report was also forwarded to the Applicant. ATTACHMENTS: 1. Resolution recommending that the City Council adopt an Ordinance approving a Community Benefit/Development Agreement between the City of Dublin and the Kingsmill Group/Diamond Heights Investments with the Ordinance attached as Exhibit A and the Development Agreement included as Attachment 1 to Exhibit A. 4of5 GENERAL INFORMATION: PROPERTY OWNERIAPPLICANT: Keith Fichtner Diamond Heights Investment IV, LLC c/o Kingsmill Group/Diamond Heights Investments Group 4900 Hopyard Road, Suite 100 Pleasanton, CA 94588 LOCATION: 7544 Dublin Blvd. and 6707 Golden Gate Drive ASSESSORS PARCEL NUMBER: APNs: 941-1500-015-09 and 941-1500-032-02 EXISTING ZONING: Downtown Dublin Specific Plan —Transit Oriented District GENERAL PLAN DESIGNATION & DOWNTOWN DUBLIN SPECIFIC PLAN: Downtown Dublin —Transit Oriented District 5 of 5 RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A COMMUNITY BENEFIT/DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DIAMOND HEIGHTS INVESTMENTS IV, LLC. FOR A MIXED-USE RETAIL/RESIDENTIAL PROJECT PLPA-2012-00060 WHEREAS, a request has been made by the Kingsmill Group/Diamond Heights Investments ("Applicant") to enter into a Community Benefit/Development Agreement with the City of Dublin for the property known as the former Crown Chevrolet site, comprised of APNs 941-1500-015-09 and 941-1500-032-02, a 6.34-acre site; and WHEREAS, the project is located within the Downtown Dublin Specific Plan area; and WHEREAS, the Kingsmill Group/Diamond Heights Investments is proposing to construct 314 residential units with 17,000 square feet of commercial/retail space on a 4.9-acre site and a 76-unit affordable housing project with preference for households with military veterans on a 1.37-acre site within the Downtown Dublin Specific Plan area; and WHEREAS, the Applicant is requesting approval of a Community Benefit/Development Agreement in advance of the consideration of project approvals in order to meet upcoming funding cycles for affordable housing at the State; and WHEREAS, the project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, the Community Benefit/Development Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. A Community Benefit Agreement/Development Agreement to allocate residential development is authorized under the DDSP. The environmental impacts of the residential development authorized by such an allocation were analyzed in the Specific Plan EIR. There is no substantial evidence in the record that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and WHEREAS, the proposed Community Benefit/Development Agreement is attached to this Resolution as Attachment 1 to Exhibit A; and WHEREAS, on November 13, 2012, the Planning Commission held a public hearing on the proposed Community Benefit/Development Agreement; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and ATTACHMENT 1 WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council adopt an Ordinance approving the Community Benefit/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 proposed Community Benefit/Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and Downtown Dublin Specific Plan in that: a) the General Plan and Downtown Dublin Specific Plan land use designation for the subject site is Downtown Dublin — Transit Oriented District and is consistent with those designations; and b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's Downtown Dublin Specific Plan/General Plan. 2. The proposed Community Benefit/Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located. 3. The proposed Community Benefit/Development Agreement is in conformity with public convenience, general welfare, and good land use practice in that the Applicant's proposed project will implement land use guidelines set forth in the Downtown Dublin Specific Plan/General Plan. 4. The proposed Community Benefit/Development Agreement will not be detrimental to the health, safety, and general welfare in that the development will proceed in accordance with the General Plan, Downtown Dublin Specific Plan, Project Approvals, and any Conditions of Approval for the proposed project. 5. The proposed Community Benefit/Development Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin General Plan, Downtown Dublin Specific Plan, and future Project Approvals. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance, included as Exhibit A, approving the Community Benefit/Development Agreement between the City of Dublin and Diamond Heights Investments for the Mixed-Use Retail/Residential project at the former Crown Chevrolet site in Downtown Dublin. PASSED, APPROVED AND ADOPTED this 13th day of November 2012. AYES: NOES: ABSENT: Page 2 of 3 ABSTAIN: Planning Commission Chairperson ATTEST: Assistant Community Development Director G:IPA#120121PLPA-2012-00060 f fngsmill Mixed Use SDRIDevelopment AgreemenWC Reso DA 11-13-2012.doc Page 3 of 3 ORDINANCE NO. XX - 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A COMMUNITY BENEFIT/DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DIAMOND HEIGHTS INVESTMENTS IV, LLC. FOR A MIXED-USE RETAIL/RESIDENTIAL PROJECT PLPA-2012-00060 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. A request has been made by the Kingsmill Group/Diamond Heights Investments ("Applicant") to enter into a Community Benefit/Development Agreement with the City of Dublin for the property known as the former Crown Chevrolet site, comprised of APNs 941-1500-015- 09 and 941-1500-032-02, a 6.34-acre site; and B. The project is located within the Downtown Dublin Specific Plan area; and C. The Kingsmill Group/Diamond Heights Investments is proposing to construct 314 residential units with 17,000 square feet of commercial/retail space on a 4.9-acre site and a 76- unit affordable housing project with preference for households with military veterans on a 1.37- acre site within the Downtown Dublin Specific Plan area; and D. The Applicant is requesting approval of a Community Benefit/Development Agreement in advance of the consideration of project approvals in order to meet upcoming funding cycles for affordable housing at the State; and E. The project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, the Community Benefit/Development Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. A Community Benefit Agreement/Development Agreement to allocate residential development is authorized under the DDSP. The environmental impacts of the residential development authorized by such an allocation were analyzed in the Specific Plan EIR. There is no substantial evidence in the record that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and F. The Applicant has applied for a Community Benefit/Development Agreement which will vest the Site Development Review and allocation from the Downtown Dublin Development Pool. G. The Planning Commission held a public hearing on the proposed Community Benefit/Development Agreement on November 13, 2012 for which public notice was given by law; and EXHIBIT A TO ATTACHMENT 1 K. The Planning Commission made its recommendation to the City Council for approval of the Community Benefit/Development Agreement by Resolution. L. A public hearing on the proposed Development Agreement was held before the City Council on , 2012 for which public notice was given as provided by law. M. 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 Downtown Dublin Specific Plan, (d) the Downtown Dublin EIR; (e) the Staff Report and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Community Benefit/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 Downtown Dublin Specific Plan in that: (a) the General Plan and Specific Plan land use designation for the site is Downtown Dublin — Transit Oriented District; (b) the proposed project is consistent with the designated land uses; and (c) 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 Community Benefit/Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located. 3. The Community Benefit/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 Downtown Dublin Specific Plan and the General Plan. 4. The Community Benefit/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, Downtown Dublin Specific Plan, Project Approvals and any Conditions of Approval for the Project. 5. The Community Benefit/Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan, the Downtown Dublin Specific Plan, and Project Approvals. 6. The project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the CEQA Guidelines section 15168, the City finds that the Community Benefit/Development Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. 2 A Community Benefit Agreement/Development Agreement to allocate residential development is authorized under the DDSP. The environmental impacts of the residential development authorized under the Agreement were analyzed in the Specific Plan EIR. The City finds that there is no substantial evidence in the record that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists. The environmental impacts of the Community Benefit/Development Agreement will not result in new or substantially more severe significant impacts than those identified and analyzed in the Downtown Dublin EIR. There is no substantial evidence showing new information of substantial importance or substantial changes in circumstances that would result in new or substantially more severe impacts or meet any other standards in Public Resources Code Section 21166 and related CEQA Guidelines Sections 15162 and 15163. Therefore, no further environmental review is required under CEQA for the Community Benefit/Development Agreement. Section 3. APPROVAL The City Council hereby approves the Community Benefit/Development Agreement (Exhibit A to the Ordinance) and authorizes the City Manager to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect 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 , 2012 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 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 COMMUNITY BENEFIT AGREEMENT AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND DIAMOND HEIGHTS INVESTMENTS IV, LLC RELATING TO THE DEVELOPMENT OF THE CROWN CHEVROLET SITE WITHIN THE DOWNTOWN DUBLIN SPECIFIC PLAN -�- ATTACHMENT 1 TO EXHIBIT A THIS COMMUNITY BENEFIT AGREEMENT AND DEVELOPMENT AGREEMENT ("Development Agreement" and sometimes "Agreement") is made and entered in the City of Dublin on this day of , 2012, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "CITY") and Diamond Heights Investment IV, LLC, a California limited liability company (hereafter "DEVELOPER") pursuant to the authority of§§65864 et seq. of the California Government Code and the 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 the "Parties." NOW, THEREFORE, with reference to the Recitals below, and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER agree as follows: RECITALS i A. California Government Code §§65864 et seq. ("Development Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter "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 desires to develop and holds an equitable interest in, in that it has the right to purchase, certain real property consisting of approximately 6.34 acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the "Property." As shown in detail on Exhibit A, the Property is comprised of two separate but adjacent parcels: (i) "Parcel A," which consists of approximately 4.97 acres; and (ii) "Parcel B," which consists of approximately 1.37 acres. C. In 2011, the City Council adopted the Downtown Dublin Specific Plan by Resolution No. 9-11 ("Specific Plan"), which Specific Plan is applicable to the Property. The Specific Plan contemplates a "Community Benefit Agreement" whenever residential allocations are given by City out of the residential allocation "pool" established by the Specific Plan. This Agreement includes such a Community Benefit Agreement. D. DEVELOPER proposes the development of the Property into two separate but related project components: (i) The development of Parcel A with 314 market-rate residential rental units and approximately 17,000 square feet of general commercial uses on the first floor of the residential structure(s), along the Dublin Boulevard frontage (as required by Specific Plan); and (ii) The development of Parcel B with approximately 76 units of affordable rental housing (collectively the "Project"). E. DEVELOPER anticipates that, upon, or in anticipation of, receiving all entitlements, it will transfer DEVELOPER's interest in Parcel A to Fairfield Residential Company LLC (or its affiliated entity) ("Fairfield Residential'), and it will transfer -2- DEVELOPER's interest in Parcel B to Eden Housing Inc., a California non-profit public benefit corporation (or its controlled affiliate, or similar affordable housing provider) ("Eden"). F. DEVELOPER has applied for, and CITY is processing, various land use i approvals in connection with the development of the Project, including, without limitation, a Site Development Review approval, applicable to Parcel A, and a Site Development Review approval, applicable to Parcel B. All such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the j Project are referred to as the "Project Approvals." G. Additionally, development of the Property by DEVELOPER may be subject to other future discretionary and non-discretionary CITY approvals, which, if granted by CITY, shall automatically become part of the Project Approvals. H. CITY desires the timely, efficient, orderly and proper development of the Project and the Property. 1. The City Council has found that, among other attributes, this Development Agreement is consistent with its General Plan and the Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56 Dublin Municipal Code and lnclusionary Zoning Regulations Chapter 8.68. J. CITY and DEVELOPER have reached agreement and desire to express herein a Community Benefit Agreement and Development Agreement that will facilitate development of the Project subject to conditions set forth herein. K. The Project is subject to and in compliance with the Specific Plan, for which a Specific Plan a Program EIR was certified by CITY in Resolution No. 8-11 ("Specific Plan EIR") pursuant to the California Environmental Quality Act, and the CEQA Guidelines promulgated thereunder (collectively, "CEQA"). Pursuant to CEQA Guidelines section 15168, this Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. The Project is subject to further discretionary approvals by the City. The City will determine the environmental review required under CEQA for those future Project Approvals at the time it considers those Approvals. This Agreement does not impede, impair or otherwise seek to truncate or limit the City discretion in considering those future Project Approvals or conducting any future CEQA review as required by applicable law. L. On , 2012, the City Council of the City of Dublin adopted Ordinance No. approving this Community Benefit Agreement and Development Agreement ("Approving Ordinance"). The Approving Ordinance will take effect on ("Approval Date"). I TERMS AND CONDITIONS 1. Description of Property. The Property which is the subject of this Development Agreement is described in the Recitals. 2. Interest of DEVELOPER. The DEVELOPER has a legal or equitable interest in the Property. 3. Relationship of CITY and DEVELOPER. This Agreement has been negotiated and voluntarily entered into by CITY and DEVELOPER. The DEVELOPER is not an agent of CITY. The CITY is not the agent of the DEVELOPER. 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 and Term. 4.1 Effective Date. The effective date of this Agreement ("Effective Date") shall be the Approval Date of the Approving Ordinance as defined in Recital L. 42 Term of Agreement. The "Term" of this Development Agreement shall commence on the Effective Date and shall continue for five (5) years from the Effective Date, unless otherwise extended or terminated as provided in Section 4.2. 4.2.1 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 90 days prior to the termination date of the Development Agreement. At the time DEVELOPER provides such notice, DEVELOPER shall make a contribution to CITY in the amount of One Hundred Thousand Dollars ($100,000) for each year of extension requested under this provision. 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 time period equal to the time period requested by Developer under this provision, commencing on the date the Development Agreement would otherwise have terminated; provided DEVELOPER may exercise its option to extend the Development Agreement no more than five times, for a maximum total term of the Development Agreement of ten years. Provided there is an extension period remaining Developer may request the extension for multiple years including the payment due. The total contribution for the maximum extension will be Five Hundred Thousand Dollars ($500,000). From and after the time Parcel B is transferred to Eden, Eden shall have the right to extend the term of the Development Agreement as it -4- applies to Parcel B and Eden as set forth in this subsection 4.2.1 but without the payment of any extension contribution. 4.3 Term of Project Approvals. Pursuant to the Subdivision Map Act (Gov't Code § 66410 et seq.), and in particular, Government Code Section 66452.6(a), the term of any subdivision map (parcel, tentative or otherwise) shall be extended automatically for the Term of this Agreement, and shall also be extended by any other extension(s) granted under the Subdivision Map Act and/or CITY ordinance consistent with the Subdivision Map Act. 4.4 Term of Residential Allocations. 4.4.1 Consistent with Section 6 of this Agreement, the "Residential Allocation Term" for the "Residential Allocations" (as that term is defined by this Agreement) provided by the Community Benefit Agreement provisions of this Agreement shall be two (2) years from the Effective Date as defined in Section 4.1 j Notwithstanding the foregoing, it is acknowledged that DEVELOPER shall not have a I right to the Residential Allocations until such time as it has sold Parcel B in accordance j with Subsection 6.2. 4.4.2 However, if a building permit for a residential structure has been issued by CITY, and if the construction of a structure related to residential uses has been commenced on Parcel A and/or Parcel B within said two-year Residential Allocation Term, then the Residential Allocation Term for the development on the particular parcel for which the permit was issued shall be extended for the life of the building permit and any extensions thereto up to the Term of this Agreement. 5. Vested Rights/ se of the Property/Applicable Law/Processing. 5.1 Right to Develop. DEVELOPER shall have the vested right to develop the Project on the Property in accordance with, and subject only to, 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, and the CITY's ordinances, codes, resolutions, rules, regulations and official policies governing the development, construction, occupancy and use of the Project and the Property including, without limitations, the permitted uses of the Property, density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings, that are in force and effect on the Effective Date of this Agreement (collectively, "Applicable Law"). In exercising its discretion when acting upon the Project Approvals, CITY shall apply the then-existing Applicable Law as the controlling body of law (within which Applicable Law such discretion shall be exercised). 5.2 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, dedication of any land, or construction -5- i I of any public improvement or facilities, except that the City may not apply to the Project any development impact fee that it first enacted after the Effective Date. 5.3 Construction Codes. Notwithstanding the provisions of Section 5.1 above, to the extent Applicable Law includes requirements under the state or locally adopted building, plumbing, mechanical, electrical and fire codes (collectively the "Codes"), the Codes included shall be those in force and effect at the time the DEVELOPER submits its application for the relevant building, grading, or other construction permits to CITY. In the event of a conflict between such Codes and the Project Approvals, the Project Approvals shall, to the maximum extent allowed by law, prevail. For construction of public infrastructure, the Codes applicable to such construction shall be those in force and effect at the time of execution of an improvement agreement between CITY and DEVELOPER pursuant to Chapter 9.16 of the Dublin Municipal Code. 5.4 Rights Under Vesting Tentative Map. Except as otherwise specified (as for example in Subsection 5.2), this Agreement shall not supersede any rights DEVELOPER obtains pursuant to DEVELOPER'S application for and the CITY's subsequent approval of a vesting tentative map(s) for the Project, or any portion thereof; provided Developer in its sole discretion may waive in whole or part the application of the foregoing provision. 5.5 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 Approval Date and which are not in conflict with the Applicable Law. In addition to any other conflicts that may occur, each of the following new or modified ordinances, resolutions, rules, regulations or official policies shall be considered a per se conflict with the Applicable Law: 5.5.1 Any application or requirement of such new or modified ordinances, resolutions, rules, regulations or official policies that would cause or impose a substantial financial burden on, or materially delay development of the Property as otherwise contemplated by this Agreement or the Project Approvals; and/or 5.5.2 If any of such ordinances, resolutions, rules, regulations or official policies do not have general (City-wide) applicability. 5.6 Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, if an ordinance, resolution, policy, directive or other measure is enacted or becomes effective, whether by action of CITY, by initiative, referendum, or otherwise, and if it imposes a building moratorium which affects all or any part of the Project, CITY agrees that such ordinance, resolution or other measure shall 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 section 8558, provided that to the extent a -6- moratorium applies to all or any part of the Project then the Term shall automatically be extended for a period of time equal to the Moratorium period 5.7 Revised Application Fees. Notwithstanding section 5.2 above, 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, and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development of the Project in accordance with this Agreement. By so agreeing, DEVELOPER does not waive its rights to challenge the legality of any such application, processing and/or inspection fees. 5.8 New Taxes. This Agreement shall not prohibit the application of any subsequently enacted city-wide taxes 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. By so agreeing, DEVELOPER does not waive its rights to challenge the legality of any such taxes. 5.9 Phasing, Timing. Except as specified in Section 6, this Agreement contains no requirements that DEVELOPER must initiate or complete development of the Project within any period of time set by CITY. It is the intention of this provision that DEVELOPER be able to develop the Property in accordance with its own time schedules and the Project Approvals. 5.10 -Processing. 5.10.1 Nothing in this Agreement shall be construed to limit the authority or obligation of CITY to hold necessary public hearings, nor to limit the discretion of CITY or any of its officers or officials with regard to those Project Approvals that require the exercise of discretion by CITY, provided that such discretion shall be exercised consistent with the laws contained with the Applicable Law. 5.10.2 At its approval and execution, this Agreement does not provide DEVELOPER with any right to develop or construct any project or to secure any Project Approval; instead, it simply provides for example certain rights and responsibilities regarding approvals already given for the Specific Plan, provides certain vested rights to laws and approvals already in place, provides a protocol by which later Project Approvals may be processed by DEVELOPER and later included into this Agreement, if applicable — if and only if such Project Approvals are compliant with all controlling California law (including proper Planning and Zoning Law and CEQA compliance), have secured approval of the Parties, and are adopted/approved by the CITY. 6. Community Benefit Agreement. 6.1 Generally. As stated above, the Specific Plan contemplates a "Community Benefit Agreement" whenever Residential Allocations are given by CITY out of the Residential Allocation "Pool" established by the Specific Plan. This Section 6 -7- ...kn-...,.Mnva.Yq vuwe`ani-us,. of the Agreement contains that Community Benefit Agreement. The term "Residential Allocation" as used in the Agreement means an allocation of the right to construct residential units from the Residential Allocation Pool established by the Specific Plan. 6.2 Affordable Housing. 6.2.1 Nominal-Price Sale of Parcel B. DEVELOPER shall sell Parcel B for a "Nominal Price" to Eden Housing, Inc. or one of its affiliates (or another entity on City Manager approval) to facilitate the development of Parcel B as described in Recital D with affordable rental housing units primarily intended for households with veterans of the United States Armed Forces. For the purposes of this Agreement, a "Nominal Price" shall be any sales price that is one-thousand dollars ($1000) or less (not including, and not limiting, the purchaser's share of escrow fees, title insurance costs, transfer taxes, prorated taxes and assessments and other customary closing costs). 6.2.2 Use Restriction on Parcel B. Concurrently with the recording of the grant deed transferring Parcel B to Eden (or other transferee approved by the City), Eden (or other approved transferee) and the City shall record a use restriction in favor of the City that restricts the use of Parcel B to the provision of affordable housing for low-income households whose incomes do not exceed eighty percent (80%) of the area medium income as adjusted for actual household size for a period of at least fifty- five (55) years from the date a certificate of occupancy is issued for the improvements on Parcel B, regardless of who shall be the owner of Parcel B. 6.2.3 Compliance with Inclusionary Zoning Requlations for Development on Parcel A. Chapter 8.68 of the Dublin Municipal Code, known as the Inclusionary Zoning Regulations ("the Regulations"), requires that residential projects with 20 or more units contain 12.5% affordable units as defined. Forty percent of a development's obligation may be satisfied through the payment of a fee in lieu of construction, and the remainder of the obligation (7.5% of the units in the project) must be satisfied through the on-site or off-site production of the units, land dedication, or the use of credits. Under the Regulations, if DEVELOPER constructs the maximum number of units on Parcel A contemplated by this Agreement, its affordable housing requirement' would be 30 units. DEVELOPER intends to fully satisfy its obligations by way of the nominal-price sale of land required by this Section 6. The City agrees that this nominal- price sale shall be deemed to satisfy DEVELOPER's affordable housing obligations under the Inclusionary Zoning Regulations for the development of up to 314 units on Parcel A. More specifically, pursuant to section 8.68.040.0 of the Dublin Municipal Code, the DEVELOPER's affordable unit obligation with respect to the residential development of up to 314 market-rate units proposed on Parcel A will be satisfied by virtue of the proposed nominal-price sale. Any development on Parcel A in excess of 314 units will be subject to the requirements of Chapter 8.68 of the Dublin Municipal Code. The City Council has separately made the findings required by Section 8.68.040.0 or has waived such requirements in whole or part under Section 8.68.040 E. -8- i 6.2.4 Treatment of Affordable Unit Credits Created by Develop- ment on Parcel B. The parties agree that any "affordable unit credits" created by virtue j of the construction of affordable housing on Parcel B shall accrue to CITY. In further- ance of this agreement, DEVELOPER shall take reasonable efforts to create the "affordable unit credits" pursuant to section 8.68.060 of the Dublin Municipal Code and any such credits shall be deemed immediately transferred to CITY once they have been created. 6.3 Community Benefit From Affordable Housing. CITY recognizes that DEVELOPER'S sale of Parcel B for a Nominal Price to Eden for the use described above is a qualifying "Community Benefit" under the Specific Plan, as it will assist Eden , or its successor, to pursue successfully the development of affordable rental housing units primarily for veterans and low income households on Parcel B. The Dublin community and the specific plan area will benefit significantly from the provision of such affordable housing, as set forth in greater detail in the Dublin General Plan's Housing Element. No other Community Benefit payments or requirements shall be imposed on DEVELOPER in exchange for the residential allocations specified in Section 6.4 below. 6.4 Grant of Residential Allocations. As of the Effective Date, as defined in Section 4.1, and for the term specified in Section 4.4, CITY shall grant the following Residential Allocations out of the Residential Allocation Pool established by the Specific Plan. Notwithstanding the foregoing, Developer shall not have a right to use the allocations until the sale contemplated under Section 6.2 above has closed and discretionary Project Approvals are approved by the City. CITY may make the right to construct residential units under the Project Approvals conditional upon the sale of Parcel B, as contemplated under Subsection 6.2 above. 6.4.1 Parcel A. Parcel A shall receive an allocation of the residential units proposed thereon in the Project Approvals, not to exceed 314. 6.4.2 Parcel B. Parcel B shall receive an allocation of residential units proposed thereon in the Project Approvals, not to exceed 76. 7. Amendment or Cancellation. 7.1 Modification Because of Conflict with State or.Federal Laws. If 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 laws or regulations. Any such amendment of the Agreement shall be consented to by DEVELOPER and approved by the City Council (in accordance with Chapter 8.56). 7.2 Amendment by Mutual Consent. This Agreement may be amended (in whole or part) in writing from time to time by mutual consent of the Parties hereto (or their successors), and in accordance with the procedures of State law and Chapter 9 8.56. When a Party seeking such an amendment owns only a portion of the whole of the Property ("Portion"), then such Party may only seek amendment of this Agreement as directly relates to the Portion, and the Party owning the other Portion shall not be required or entitled to be a signatory or to consent to an amendment that affects only the other Party's Portion. If any Portion of the Property is subject to a document which creates an association which oversees common areas and any construction or reconstruction on or of the same, then the association shall be deemed to be the "owner" of that Portion of the Property for the purpose of amending this Agreement. 7.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding section 7.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in section 4.2; (b) the permitted uses of the Property as provided in section 5.1; (c) provisions for "significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) 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. CITY's Public Works Director shall determine whether a reservation or dedication is "significant". 7.4 Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by an amendment which complies with Section 7.2. Any fees paid pursuant to Paragraph 5.3 of this Agreement prior to the date of cancellation shall be retained by CITY. 8. Annual Review. 8.1 Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2013 and each July 15 to August 15 thereafter. 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 at least 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 efforts to comply with the provisions of this Agreement. The burden of proof, by substantial evidence, is upon the DEVELOPER. 8.3 Staff Reports. To the extent practical, CITY shall deposit in the mail and fax to DEVELOPER a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 8.4 Costs. Costs reasonably incurred by CITY in connection with the annual review shall be paid by DEVELOPER in accordance with the CITY's schedule of -10- fees in effect at the time of review. From and after the time Parcel B is transferred to Eden, this subdivision 8.4 shall not apply to Parcel B or Eden. i i 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 which are not otherwise provided for in this Agreement or in CITY's regulations governing development agreements, expressly including, without limitation, the remedy of specific performance of this Agreement; provided the non-defaulting Party has complied with the provisions of Section 9.2 hereof. From and after the transfer of Parcel B to Eden or other approved transferee, there shall be no cross defaults between the owner of Parcel A and the owner of Parcel B. A default by Developer, Developer's successor or transferee for Parcel A and/or a condition affecting only Parcel A shall not constitute a default by the owner of Parcel B and no action, remedy, attorney's fees or other costs may be sought against the owner of Parcel B or Parcel B. Similarly, after Parcel A and Parcel be owned by different Parties, a default by owner of Parcel B or a condition affecting only Parcel B shall not constitute a default by the owner of Parcel A and no action, remedy, attorney's fees or other costs may be sought against the owner of Parcel A or Parcel A. From and after the time that Parcel A and Parcel B are owned by different Parties, there shall be no joint or several liability between or among the different owners. 9.2 Notice and Cure. Upon the occurrence of an event of default by any Party, the nondefaulting Party shall serve written notice of such default upon the defaulting Party. If the default is not cured by the defaulting Party within thirty (30) days after service of such notice of default, the nondefaulting Party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 9.3 No Damages Against CITY. In no event shall damages be awarded against CITY upon an event of default or upon termination of this Agreement except as otherwise expressly provided herein. % Estoppel Certificate. 10.1 Any 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 farce 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. 10.2 A Party receiving a request hereunder shall execute and return such certificate within twenty (20) days following the receipt thereof, or such longer period as may reasonably be agreed to in writing by the Parties. City Manager of CITY shall be authorized to execute any certificate requested by DEVELOPER. The certificate shall be addressed to and may be relied upon by the requesting Party. 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 a 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 or as may be otherwise authorized by the City. 11.3 Notice of Default to Mortgagee and Extension of Right to Cure. If 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 CITY shall deliver to such Mortgagee, concurrently with service thereon to DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY that DEVELOPER has committed an event of default. Each Mortgagee shall have the right during the same period available to DEVELOPER to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the CITY's notice. CITY, through its City Manager, may extend the thirty-day cure period provided in section 9.2 for not more than an additional sixty (60) days upon request of DEVELOPER or a Mortgagee. -12- i 12. Severability; Conflict. The unenforceability, invalidity or illegality (collectively, "illegality" or "illegal") of any provisions, covenant, condition or term of this Agreement (collectively, "provision(s)") shall not render the other provisions of this Agreement illegal, and shall be considered "severed" from this Agreement. In the event of a conflict between this Agreement or any provision hereof and the Project Approvals or any provision thereof this Development Agreement shall control. I 13. Attorneys' Fees and Costs. 111 If CITY or DEVELOPER initiates any action at law or in equity to enforce or to 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, 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 CITY for all reasonable court costs and attorneys' fees expended by the City in defense of any such action. 14. Transfers and Assignments. I 14.1 Agreement Runs 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 assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes 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 all or any part of the Property, (a) is a burden upon such property, (b) is for the benefit of each other portion of the Property, (c) runs with such properties, and (d) 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. The provisions of this Section 14.1 are subject and subordinate to the provisions of Section 7.2 which permit amendment of this Agreement. 14.2 DEVELOPER's Right to Assign. All of DEVELOPER'S rights, interests and obligations hereunder (or any portion of such rights which DEVELOPER wishes to transfer) may be transferred, sold or assigned in conjunction with the transfer, sale, or assignment of the Property subject hereto, or any portion thereof, at any time during the term of this Agreement, provided that no transfer, sale or assignment of DEVELOPER's rights, interests and obligations hereunder shall occur without the prior written notice to CITY and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within ten (10) business days after DEVELOPER's notice provided and receipt -13- by City Manager of all necessary documents, certifications and other information required by City Manager to decide the matter. In considering the request, the City Manager shall base the decision upon the proposed assignee's reputation, experience, financial resources and access to credit and capability to successfully carry out the development of the Property to completion. The City Manager's approval shall be for the purposes of: a) providing notice to CITY; b) assuring that all obligations of DEVELOPER are allocated as between DEVELOPER and the proposed purchaser, transferee or assignee as provided by this Agreement; and c) assuring CITY that the proposed purchaser, transferee or assignee is financially capable of performing the DEVELOPER's obligations hereunder not withheld by DEVELOPER. i 14.3 Notwithstanding the foregoing, provided notice is given as specified in Section 19, no CITY approval shall be required for any transfer, sale, or assignment of this Agreement to: (1) any entity which is an affiliate or subsidiary of DEVELOPER; (2) any Mortgagee for Parcel A or Parcel B or a tax credit investor for Parcel B; (3) any transferee of a Mortgagee for Parcel A or Parcel B or a tax credit investor for Parcel B; j (4) Fairfield Residential in conjunction with the sale of Parcel A, provided that DEVELOPER has, at the time of the transfer, complied with all obligations of this Agreement then outstanding or provided evidence satisfactory to the City Manager demonstrating that the remaining obligations have been allocated between DEVELOPER and its transferee; or (5) Eden Housing Inc., its affiliates or a limited partner of which the general partner is an affiliate of Eden ("Eden"), in conjunction with the sale of Parcel B. 14.4 Release Upon Transfer. Upon the transfer, sale, or assignment of Parcel A DEVELOPER's rights, interests and obligations hereunder pursuant to sections 14.2 or 14.3 of this Agreement, DEVELOPER shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned; provided, that the transferee, purchaser, or assignee expressly assumes all of the rights, interests and obligations of DEVELOPER under this Agreement, pertaining to the portion or all of the Property transferred to such transferee, purchaser or assignee. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof pertaining to the portion of the Property transferred to such transferree, purchaser or assignee, and shall provide all necessary documents, certifications and ether necessary information prior to City Manager approval if required by the provisions of this Agreement. 14.5 DEVELOPER's Right to Retain Specified Rights or Obligations. DEVELOPER may withhold from a sale, transfer or assignment of this Agreement or any portion of the Property transferred, certain rights, interests and/or obligations which DEVELOPER wishes to 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 purchaser, transferee or assignee 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. -14- I f I 15. Bankruptcy. i The obligations of this Agreement shall not be dischargeable in bankruptcy. 16. Indemnification. DEVELOPER agrees to indemnify, defend and hold harmless 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 obligation under this Section 16 with respect to negligence or wrongful conduct of 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 delivered or 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 for which DEVELOPER has a duty to defend or indemnify CITY then CITY will cooperate with DEVELOPER, will appear in such action and will not unreasonably withhold approval of a settlement otherwise acceptable to DEVELOPER. Notwithstanding anything to the contrary set forth in this Section 16 or elsewhere in this Agreement, it is understood that each Party or successor or transferee of Developer is providing the indemnities described in this Section 16 as to its respective development on its respective Portion only. 17. Insurance. 17.1 Public Liability and Property Damage Insurance. At all times that DEVELOPER is constructing any improvements that will become public improvements, DEVELOPER shall maintain in effect a policy of commercial general liability insurance with a per-occurrence combined single limit of not less than one million dollars ($1,000,000.00) and a deductible of not more than ten thousand dollars ($10,000.00) 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. 17.2 Workers' Compensation insurance. At all times that DEVELOPER is constructing any improvements that will become public improvements, DEVELOPER shall maintain Workers' Compensation insurance for all persons employed by DEVELOPER for work at the Project site. DEVELOPER shall require each contractor and subcontractor similarly to provide Workers' 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. 17.3 Evidence of Insurance. Prior to commencement of construction of any improvements which will become public improvements, DEVELOPER shall furnish -15- I CITY satisfactory evidence of the insurance required in Sections 17.1 and 17.2 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. 18. Sewer and Water. DEVELOPER acknowledges that the Project requires water and sewer permits from the Dublin San Ramon Services District (°DSRSD") which is another public agency not within the control of CITY, 19. Notices. t All notices required or provided for under this Agreement shall be in writing. Notices required to be given to CITY shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Fax No: 925.833.6651 Notice required to be given to DEVELOPER shall be addressed as follows: Diamond Heights Investment IV, LLC c/o The Kingsmill Group 4900 Hopyard Rd., Suite 100 Pleasanton, CA 94588 Attn: Keith Fichtner E-mail: keithfichtner�7a thekingsmillgroup.com Phone: 925-463-4880 With copies to: Steven L. Hammond Hammond Law Group, PC One Embarcadero Center Suite 2360 San Francisco, CA 94111 Attn: Steven L. Hammond, Esq, Facsimile No.: 415-955-1976 Telephone: 415-955-1915 Email: sh @hammondlg.com And Eden Housing, Inc. 22645 Grand Street Hayward, CA 94541-5031 Attention: President _1 g_ A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United Mates Mail. Notices may also be given by overnight courier which shall be deemed given the following business day or by facsimile transmission which shall be deemed given upon verification of receipt. 20. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 21. Agreement is Entire Understanding. I This Agreement constitutes the entire understanding and agreement of the parties with respect to this Agreement. i 22. Exhibits. i The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property 23. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 24. Recordation. CITY shall record a copy of this Agreement within ten days of DEVELOPER providing CITY notice that a grant deed conveying the Property from the owner of record as of the Effective Date to DEVELOPER is recorded in the Official Records of Alameda County. 25. Separate Agreement Upon Transfer of Parcel B. Notwithstanding any other provision to the contrary contained herein, the Parties acknowledge and agree that upon transfer of Parcel B to Eden or other approved transferee, the covenants, obligations and liabilities applicable to Parcel A or the owner of Parcel A shall be separate and independent from the covenants, obligations and liabilities applicable to Parcel B or the owner of Parcel B, as if there were two separate agreements for Parcel A and Parcel B. Nothing herein is intended or shall be construed as making the owner of Parcel A and the owner of Parcel B agents of the other or joint venturers or partners. -17- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN DEVELOPER I Diamond Heights Investments IV, LLC, By: a California limited liability company Joni Pattillo, City Manager By: Seagirt Management, LLC, a California limited liability company Attest: Its: Manager Caroline Soto, City Clerk By Keith Fichtner Approved as to form Its: President John Bakker, City Attorney Title No, 11-59038605-A-SC PARCEL A Locate No.CACT17701-7707-2386-0059038605 LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED CITY OF DUBLIN,COUNTY OF ALAMEDA,STATE=OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: Beginning at the Intersection of the Northeastern line of the land described as Parcel 2 in the Deed by J. Clayton Orr,etal.,to Motel Interstate Systems,Inc.,dated April 30,1959,recorded June 8,1959 in Book 9052 of Official Records of Alameda County Page 82,Instrument No.AQ167605,with a line drawn parallel with the center line of Dublin Boulevard,formerly Dublin Road,60 feet in width,and distant Southeasterly 42 feet, measured at right angles therefrom,running thence along said parallel line,South 690 08' 15"West 355.82 feet;thence tangent to the last named tine Southwesterly along a curve to the left having a radius of 42 feet, through an angle of 900,a distance of 65.97 feet;thence tangent to the last named curve,South 200 51'45' East 502.50 feet;thence North 690 08'15"East 400 feet to said Northeastern line of said land;and thence along the last named line,North 210 05'30"West 544.50 feet to the point of beginning. Excepting therefrom that portion described in the Final Order of Condemnation recirr„ded April 8, 1997 as I Instrument No.97090524. APN:941-1500-015-09 I 2 ALTA Commitment—2006 ANI pIC�M Copyright American Land Tide Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members In good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land'ntle Association. i I PARCEL B Locate No.CACTt7Title No. U-S941637-A-SC 701-7707-2386-0059041637 I LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF DUBLIN,COUNTY OF ALAMEDA, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: I I Parcel D, Parcel Map 2621,recorded December 20, 1978,Parcel Map Book 107, Page 50,Alameda County Records. Excepting therefrom that portion described in the Deeds to the County of Alameda recorded February 14, 2002,as Instruments Nos.2002073438 and 2002073439. APN:941-1500-032-02 I I 2 ALTA Commitment-•2006 M1!u!�,CtN Copyright American Lend Tide Association.Atl tights reserved.The use or this Form Is resMcted to ALTA gcensees and ALTA members in good standing as of the date of use.AN other uses are prohlbited.Reprinted under license from the American Land Title Assodation. i STAFF REPORT PLANNING COMMISSION I DATE: November 13, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2012-00061 Commercial Corridor Design Guidelines. Creation of design guidelines for commercial and industrial properties, amendments to the Zoning Ordinance (Chapter 8.33 and Chapter 8.104), and an amendment to the Zoning Map for the purposes of project implementation Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The project includes the creation of design guidelines and a Zoning Ordinance Amendment (Title 8 of the Dublin Municipal Code). The Design Guidelines are intended to guide private improvements and new construction along commercial corridors that are not already addressed in a specific plan or design guidelines document. The Zoning Ordinance amendment includes the creation of Chapter 8.33 (Commercial Corridor Overlay Zoning District) to create an overlay zoning district for the City's commercial and industrial areas that are subject to the proposed design guidelines. The Zoning Ordinance Amendment also includes an amendment to Chapter 8.104 (Site Development Review) and the Zoning Map to depict the boundaries of the Commercial Corridor Zoning District. The Planning Commission will review and make a recommendation to the City Council regarding the proposed design guidelines and the Zoning Ordinance Amendments. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending City Council approval of the Commercial Corridor Design Guidelines and recommending that the City Council adopt an Ordinance adding Chapter 8.33 to the Dublin Municipal Code (Zoning Ordinance) establishing the Commercial Corridor Overlay Zoning District and amending Section 8.104.040 relating to the Commercial Corridor Overlay Zoning District Site Development Review and amending the Zoning Map to add an Overlay Zoning District Designation to the Commercial Corridor area. Vy)S+ 6c ,S Submitted By viewed By Principal Planner Assistant Community Development Director COPIES TO: File ITEM NO.: 19, Page 1 of 6 G:1PA#120121PLPA-2012-00061 Comm Corridor Design GuidelineslPC hearing 11.13.20121PCSR 11.13.2012.docx DESCRIPTION: Background One of the key initiatives of the City Council for Fiscal Year 2012-2013 is to prepare design guidelines for new development along the City's commercial corridor that are not already subject to design guidelines or a specific plan. Dublin currently has three Specific Plans that contain land use regulations, development standards, and design guidelines for development within each specific plan boundary, including the Eastern Dublin Specific Plan (covers properties within the city limits east of Dougherty Road and the Iron Horse Trail), the Downtown Dublin Specific Plan (covers 284 acres in Dublin's commercial core), and the Historic Area Specific Plan (covers 38 acres adjacent to and around the Heritage Park on Donlon Way). In addition, the Scarlett Court Design Guidelines apply to 52 acres of land along Scarlett Drive and Scarlett Court between Dougherty Road and the Iron Horse Trail. The Commercial Corridor Design Guidelines are intended to provide guidance for new development and revitalization projects in areas of the City that are not already covered by another specific plan or design guidelines document. The goal is to ensure that development in all of the City's commercial neighborhoods meets the community's high standards and contributes to a positive image of the City of Dublin. There are approximately 187 acres of land in the Primary Planning Area (as identified in the General Plan) to which the proposed Commercial Corridor Design Guidelines would apply (see Figure 1 below). The properties are generally located on Dublin Boulevard, San Ramon Road, Village Parkway, Clark Avenue, Sierra Court and Lane, Dougherty Road; and Houston Place. Figure 1: Proposed Project Area t N 0 o i o � ro V e r W - OlU 9iL'IN B-D U ELY A R 3/d0 r Z 's O F 1]BD �6 Figure 1: Areas subject to compliance with Proposed Project Area Camp Parks RFTA the Commerical Corridor Design Guidelines Parcels City of Dublin Streets f7rtt=!e;;+C12 2 of 6 ANALYSIS: The Draft Commercial Corridor Design Guidelines (Exhibit A to Attachment 1) were developed to provide guidance to Applicants and consistency in design review. Exhibit A is a black and white version of the document, but a full-color version is available to view on the City's website at the following link: http://www.dublin.ca.gov/index.aspx?nid=174 The guidelines apply basic design principles, which are general in nature and address compatibility, site planning, landscape, and building design - including the relationship between structures within an immediate area. Well-designed developments uphold their appearance, add to the value of properties, and remain viable places over long periods of time. The City Council, Planning Commission, and City Staff will use these guidelines to review the merits of all future development proposals for commercially-designated properties that are subject to these Design Guidelines. Design Guidelines Overview The document is divided into the following chapters: Chapter 1: Introduction — includes background information, applicability of the design guidelines, and a description of the design review process in Dublin; Chapter 2: Existing Conditions — includes a description of the existing setting and a future vision; and Chapter 3: Design Guidelines — includes sections specific to site planning, architectural guidelines, signage, lighting, landscaping, and guidelines for specific uses. More specifically, Chapter 3 provides detailed direction on: • General building design; • Building articulation; • Building materials and colors; • Roof forms; • Building frontage treatment including specific guidelines for anchor storefronts, typical storefronts, residential fronts, office/lodging fronts, auto service fronts, and public fronts; • Signage; • Private outdoor spaces; • Outdoor dining; • Lighting; • Fences, walls, hedges, gates; • Landscaping and paving; • Parking; • Loading and refuse areas; • Screening; • On-site pedestrian circulation; and • Street trees Much of the design guidance contained in the Commercial Corridor Design Guidelines came from the Downtown Dublin Specific Plan, which was prepared after many months of participation and discussion by members of the general public, stakeholders, the City Council, and the Planning Commission. The only section of the document that is entirely new is Section 3.6 "Design Guidelines for Specific Uses," which includes guidelines for unique and/or challenging 3of6 use types such as drive-through and drive-up uses, entertainment uses, and convenience stores and service stations. Although the Draft Commercial Corridor Design Guidelines apply to those parcels that have commercial or industrial land use designations, the Draft Commercial Corridor Design Guidelines include guidelines for multi-family residential development should this use type be considered on any parcels in the project area in the future. As a general rule, the context of the site and its surroundings should be considered when applying the Draft Commercial Corridor Design Guidelines to projects. In some areas, it may be important to strictly enforce or apply all applicable guidelines. In other areas, a more flexible interpretation could be allowed if the proposed design achieves the overall intent of compatible, cohesive design. The terms "shall", "should", and "may" are throughout the document. The term "shall" is used to denote a design standard where compliance is required. The term "should" is used to denote a guideline that is recommended, but not required in all circumstances. The term "may" is used to denote a design treatment that is allowed or optional. ZONING ORDINANCE AMENDMENT The implementing mechanism for the Design Guidelines will be an overlay zoning district — the same tool that is used to implement the Scarlett Court Design Guidelines. Staff proposes amendments to the Zoning Ordinance to add an overlay zoning district and to ensure internal consistency throughout the document. A new Chapter 8.33 is proposed to be added to the Zoning Ordinance establishing the Commercial Corridor Overlay Zoning District. Section 8.104.040, in the Site Development Review chapter of the Zoning Ordinance, is proposed to be changed to add reference to the new Commercial Corridor Overlay Zoning District. Lastly, the Ordinance will amend the Zoning Map to add an overlay zoning district designation to the Commercial Corridor area. Sections 1, 2, 3, and 4 of the draft Ordinance (Exhibit B to Attachment 1) note the exact text amendments to the Zoning Ordinance. In summary, the new Chapter 8.33 is the implementation tool to ensure that the Commercial Corridor Design Guidelines are followed in the course of design review. Attached is a Planning Commission Resolution (Attachment 1) recommending that the City Council adopt an Ordinance that accomplishes three things: 1) Approves the Commercial Corridor Design Guidelines (Exhibit A to Attachment 1); 2) Approves a Zoning Ordinance Amendment to add Chapter 8.33 to the Zoning Ordinance to establish the Commercial Corridor Overlay Zoning District and amends Section 8.104.040 of the Zoning Ordinance relating to the Commercial Corridor Overlay Zoning District Site Development Review (Exhibit B to Attachment 1); and 3) Amends the Zoning Map to add an overlay zoning district designation to the Commercial Corridor area (Exhibit C to Attachment 1). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The creation of Chapter 8.33 (Commercial Corridor Overlay Zoning District) and the proposed amendments to Chapter 8.104 (Site Development Review) are consistent with the General Plan, applicable Specific Plans and the Zoning Ordinance in that the amendments are intended to implement design guidelines for uses which are consistent with the General Plan, applicable 4of6 Specific Plans and the Zoning Ordinance. The proposed amendments do not change any land use designations or zoning designations. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is an activity that is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the design guidelines that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed under existing entitlements. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. NOTICING REQUIREMENTS/PUBLIC OUTREACH: City Staff held a Community Meeting on Thursday, October 18, 2012 to solicit feedback from property owners in the proposed project area. A public notice was sent to 105 property owners, and four property owners/managers attended the meeting. A brief presentation of the Draft Commercial Corridor Design Guidelines was provided by Staff and the meeting attendees provided general comments and feedback. No changes to the document were suggested and no written comments had been received from the public at the time of publishing this Staff Report. A Notice of this public hearing was published in the Valley Times, posted at several locations throughout the City, and mailed to all property owners in the Commercial Corridor Overlay Zoning District, those within 300 feet of the proposed District, and all persons who have expressed an interest in being notified of meetings. The Staff Report for tonight's meeting was also available on the City's webpage. PLANNING COMMISSION REVIEW The Planning Commission held a Study Session on the Commercial Corridor Design Guidelines on Tuesday, October 30, 2012 at 6:00 p.m. No members of the public attended. The Planning Commission discussed the content of the Guidelines, asked questions of Staff, and made a few recommendations on items to change or add into the document (Attachment 2). Staff made the requested modifications to the Draft Commercial Corridors Design Guidelines that were suggested by the Planning Commission. ATTACHMENTS: 1. Resolution recommending City Council approval of the Commercial Corridor Design Guidelines and recommending that the City Council adopt an Ordinance approving a Zoning Ordinance Amendment to add Chapter 8.33 to the Dublin Municipal Code (Zoning Ordinance) establishing the Commercial Corridor Overlay Zoning District and to amend Section 8.104.040 of the Dublin Municipal Code (Zoning Ordinance) relating to the Commercial Corridor Overlay Zoning District Site Development Review, and to amend the Zoning Map to add an overlay zoning district designation to the Commercial Corridor area, with the Draft Commercial Corridor Design Guidelines included as Exhibit A, the draft Ordinance included as Exhibit B, and the figure illustrating the affected parcels as Exhibit C. 2. Draft Study Session Minutes dated October 30, 2012 5 of 6 GENERAL INFORMATION: APPLICANT: City of Dublin PROPERTY OWNER: Various LOCATION: Various parcels per Figure 1 in Staff Report ASSESSORS PARCEL NUMBER: Various GENERAL PLAN LAND USE DESIGNATION: Includes Retail/Office, Retail/Office and Automotive, Business Park/Industrial, Business Park/Industrial and Outdoor Storage, Mixed Use, and Medium-High Density Residential and Retail/Office SPECIFIC PLAN LAND USE DESIGNATION: Not applicable SURROUNDING USES: Various RESOURCES: General Plan Zoning Ordinance Downtown Dublin Specific Plan Scarlett Court Design Guidelines 6of6 RESOLUTION NO. 12 - xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF THE COMMERCIAL CORRIDOR DESIGN GUIDELINES AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING CHAPTER 8.33 TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) ESTABLISHING THE COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT AND AMENDING SECTION 8.104.040 RELATING TO THE COMMERCIAL CORRIDOR OVERLAY ZONING DISTRCT SITE DEVELOPMENT REVIEW AND AMENDING THE ZONING MAP TO ADD AN OVERLAY ZONING DISTRICT DESIGNATION TO THE COMMERCIAL CORRIDOR AREA PLPA-2012-00061 WHEREAS, one of the key initiatives of the City Council for Fiscal Year 2012-2013 is to prepare design guidelines for new development along the City's Commercial Corridors that are not already subject to a specific plan or design guidelines document; and WHEREAS, the Commercial Corridor area consists of approximately 187 acres of land generally comprised of parcels designated for commercial and industrial uses located on Dublin Boulevard, San Ramon Road, Village Parkway, Clark Avenue, Sierra Court and Lane, Dougherty Road; and Houston Place; and WHEREAS, approval of the Commercial Corridor Design Guidelines and the creation of Zoning Ordinance Chapter 8.33, Commercial Corridor Overlay Zoning District; an amendment to Chapter 8.104, Site Development Review; and an amendment to the Zoning Map to add an overlay zoning designation to the Commercial Corridor Area will serve as an appropriate mechanism to ensure that improvements in the area are designed and built in compliance with the Commercial Corridor Design Guidelines; and WHEREAS, the existing underlying standard zoning designations of each parcel in the Commercial Corridor area will remain in full force and effect; 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 has been found to be Exempt from CEQA, according to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on the Commercial Corridor Design Guidelines and on said amendments to the Dublin Municipal Code (Zoning Ordinance) on November 13, 2012, for which proper notice was given in accordance with California State Law; and ATTACHMENT 1 WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the Commercial Corridor Design Guidelines and approval of the amendments to the Dublin Municipal Code (Zoning Ordinance); and WHEREAS, the Planning Commission at its November 13, 2012 meeting did hear and use its independent judgment and consider all said reports, recommendations, and testimony hereinabove set forth. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Commercial Corridor Design Guidelines attached hereto as Exhibit A, adopt the Ordinance attached hereto as Exhibit B, and amend the Zoning Map to affect the parcels shown on the figure attached hereto as Exhibit C. PASSED, APPROVED AND ADOPTED this 13th day of November 2012 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Assistant Community Development Director GAPA#\2012\PLPA-2012-00061 Comm Corridor Design Guidelines\PC hearing 11.13.2012\PC Reso CCDGs and ZOA.docx 2 oz . �� ° d I _ x H o 0 z C) rn U CL r. r m ° r t R NN " r— r) " --i > x (D 0 QJ L/)ET (D 0 0 (D QJ (D 00 Lf 0 (D co ) ai —, 0 rD U.) y Yl :3 rD rD 0 rD rD rD :3 3 L>n ro) L>n rD C7 L r) rD a) 3 < Z3 n D rD rD rD n. rl. r) m ni r) 0 zr rD < rD o (D (D (D :3 < (D o rD r) r rD 0 n r-t- 0 Ri ARA J, xg : : : • z • a w w a o o F o � z z �, Ln z a v E_ �? 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XX — 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * ADDING CHAPTER 8.33 TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) ESTABLISHING THE COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT AND AMENDING SECTION 8.104.040 RELATING TO THE COMMERCIAL CORRIDOR OVERLAY ZONING DISTRCT SITE DEVELOPMENT REVIEW AND AMENDING THE ZONING MAP TO ADD AN OVERLAY ZONING DISTRICT DESIGNATION TO THE COMMERCIAL CORRIDOR AREA PLPA-2012-00061 WHEREAS, one of the key initiatives of the City Council for Fiscal Year 2012-2013 is to prepare design guidelines for new development along the City's commercial corridor; and WHEREAS, the Commercial Corridor area consists of approximately 187 acres of land generally comprised of parcels designated for commercial and industrial uses located on Dublin Boulevard, San Ramon Road, Village Parkway, Clark Avenue, Sierra Court and Lane, Dougherty Road; and Houston Place; and WHEREAS, approval of the Commercial Corridor Design Guidelines and the creation of Zoning Ordinance Chapter 8.33, Commercial Corridor Overlay Zoning District; an amendment to Chapter 8.104, Site Development Review; and an amendment to the Zoning Map to add an overlay zoning designation to the Commercial Corridor area will serve as an appropriate mechanism to ensure that improvements in the area are designed and built in compliance with the Commercial Corridor Design Guidelines; and WHEREAS, the existing underlying standard zoning designations of each parcel in the Commercial Corridor area will remain in full force and effect; 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 has been found to be Exempt from CEQA, according to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment; and WHEREAS, the Planning Commission held public hearings on said amendments to the Zoning Ordinance on November 13, 2012 and adopted Resolution No. 12-xx recommending that the City Council adopt this Ordinance; and WHEREAS, a properly noticed public hearing was held by the City Council on 2012; and Page 1 of 7 EXHIBIT B TO ATTACHMENT 1 WHEREAS, pursuant to section 8.120.050.6 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1. Addition of Chapter 8.33: Chapter 8.33 of the Dublin Municipal Code is hereby added to read as follows: CHAPTER 8.33 COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT 8.33.010 Purpose. The purpose of this Chapter is to establish a procedure to ensure that all development in the Commercial Corridor Overlay Zoning District is reviewed for substantial compliance with the Commercial Corridor Design Guidelines. 8.33.020 Intent. The intent of this chapter is to: A. Enhance the aesthetics of properties in the Commercial Corridor area; B. Guide the design of future development and improvements to reinforce the Commercial Corridor Design Guidelines; and C. Ensure that development in all of the commercial areas meets the community's high standards and contributes to a positive image of the City of Dublin. 8.33.030 Applicability. The Commercial Corridor Overlay Zoning District is a designation in addition to the standard zoning designation that each property in the area retains. The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Commercial Corridor Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Commercial Corridor Design Guidelines. 8.33.040 Projects subject to compliance with this Chapter: A. New Construction. Any new construction or additions to an existing structure within the Commercial Corridor Overlay Zoning District that alters the exterior appearance of the building. Internal tenant improvements are not subject to compliance with this Chapter. B. Exterior Modification of an Existing Structure. Any exterior modification of an existing structure located within the Commercial Corridor Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors, and roof or ground-mounted mechanical equipment. Page 2 of 7 C. Modification to Site Layout. Any modification to site layout or site improvements in the Commercial Corridor Overlay Zoning District, including but not limited to, parking, walls and fencing, circulation, landscaping, accessory structures, or trash enclosures. D. Signs. Installation of new signs or replacement of sign copy in the Commercial Corridor Overlay Zoning District. 8.33.050 Application. The Applicant shall submit a complete Site Development Review application pursuant to Chapters 8.104 (Site Development Review) and Chapter 8.124 (Applications, Fees and Deposits), accompanied by a fee and such materials as are required by the Director of Community Development. 8.33.060 Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Scarlett Court Overlay Zoning District Site Development Review unless the application is being considered is a permit which requires a public hearing pursuant to Chapter 8.132. 8.33.070 Concurrent Consideration. When a Commercial Corridor Overlay Zoning District Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. 8.33.080 Required Findings. The following findings shall all be made in order to approve an application for Commercial Corridor Overlay Zoning District Site Development Review: A. Approval of the application is consistent with the purpose and intent of this Chapter. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the standard Zoning District in which it is located, and with all other requirements of the Zoning Ordinance. C. The approval 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 general welfare. D. The design of the project will provide a desirable environment for the development and an attractive environment for the public. E. The project is in substantial compliance with the applicable chapters of the Commercial Corridor Design Guidelines. 8.33.090 Action. The decision-maker for Commercial Corridor Overlay Zoning District Site Development Review applications shall be the Community Development Director (or his/her designee), the Zoning Administrator (or his/her designee) or the Planning Commission as set forth in Chapter 8.104 (Site Development Review). The decision-maker may approve, conditionally approve, or deny a Commercial Page 3 of 7 Corridor Overlay Zoning District Site Development Review based on the required findings in Section 8.33.080. 8.33.100 Amendment. The process for amending a Commercial Corridor Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Commercial Corridor Overlay Zoning District Site Development Review application. The decision-maker for the Commercial Corridor Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Commercial Corridor Zoning District Site Development Review including approval on appeal. The Community Development Director or his/her designee may grant a Commercial Corridor Overlay Zoning District Site Development Review Waiver for applications approved by another decision-maker or body upon the determination that the modification is a minor project and in accordance with Section 8.33.110, Waiver, to an approved Commercial Corridor Overlay Zoning District Site Development Review. 8.33.110 Waiver to an approved Commercial Corridor Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an approved Commercial Corridor Overlay Zoning District Site Development Review as a Waiver upon determining the following: A. The proposed change is in substantial conformance with the approved Commercial Corridor Overlay Zoning District Site Development Review; B. The proposed change is minor in scope; C. The proposed change is exempt from or not otherwise subject to the California Environmental Quality Act; and D. The proposed change is consistent with the conditions of approval for the Commercial Corridor Overlay Zoning District Site Development Review and is substantially consistent with the Commercial Corridor Design Guidelines. It is not the intent of this Chapter that a series of Commercial Corridor Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Commercial Corridor Overlay Zoning District Site Development Review. 8.33.120 Waiver for a project that does not have an approved Commercial Corridor Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Commercial Corridor Overlay Zoning District that does not have an approved Commercial Corridor Overlay Zoning District Site Development Review as a Waiver upon determining the following: A. The proposed change is minor in scope; B. The proposed change is Categorically Exempt from the California Environmental Quality Act; and Page 4 of 7 C. The proposed change is substantially consistent with the Commercial Corridor Design Guidelines. It is not the intent of this Chapter that a series of Commercial Corridor Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Commercial Corridor Overlay Zoning District Site Development Review. 8.33.130 Commercial Corridor Design Guidelines. The Commercial Corridor Design Guidelines adopted by the City Council on by Resolution , and as may be amended thereafter, shall be used to guide the review of Commercial Corridor Overlay Zoning District Site Development Review applications. 8.33.140 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Commercial Corridor Overlay Zoning District Site Development Review approval. 8.33.150 Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any existing exterior architectural feature on any property in the Commercial Corridor Overlay Zoning District that does not involve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Chapter 8.140, Non- conforming Structures and Uses. 8.33.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. SECTION 2. Amendment to Section 8.104.040.G: Section 8.104.040.G of the Dublin Municipal Code is hereby amended to read as follows: G Commercial Corridor Overlay Zoning District. All improvements within the Commercial Corridor Overlay Zoning District shall be reviewed in accordance with and subject to Chapter 8.33, Commercial Corridor Overlay Zoning District. SECTION 3. Addition of Section 8.104.040.H: Section 8.104.040.H of the Dublin Municipal Code is hereby added to read as follows: H. All Other Improvements. All other improvements to structures or a site, which are not otherwise mentioned in this Chapter, shall be subject to a Site Development Review Waiver or Site Development Review, as determined by the Community Development Director. All other text in Chapter 8.104 not amended by this Ordinance remains unchanged. Page 5 of 7 SECTION 4. Amendment of Zoning Map: The Zoning Map is hereby amended to add an overlay designation to the Commercial Corridor Design Guidelines project area as shown in Exhibit A. Staff is hereby directed to amend the official Zoning Map of the City of Dublin to reflect the addition of the Commercial Corridor Overlay Zoning District designation to the parcels shown on the map. SECTION 5. Compliance with California Environmental Quality Act ("CEQA'): The City Council declares that this ordinance is exempt from CEQA based on the following findings: This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. This adoption of this ordinance is an activity that is exempt from CEQA because the ordinance does not, in itself, allow the construction of any building or structure. This ordinance, therefore, has no potential for resulting in a significant effect on the environment, directly or ultimately. Individual projects in the Scarlett Court area will be reviewed for compliance with CEQA. SECTION 6. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 7. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. SECTION 8. Posting. 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. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of 2012, by the following votes: AYES: NOES: ABSENT: Page 6 of 7 ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2012\PLPA-2012-00061 Comm Corridor Design Guidelines\PC hearing 11.13.2012\CC Ord Amend ZO.docx Page 7 of 7 1 • • 1 t tit. 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TI i e z CALL TO ORDER A special meeting of the City of Dublin Planning Commission was held on Tuesday, October 30, 2012, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the meeting to order at 6:03:39 PM ATTENDEES Present: Chair Wehrenberg, Vice Chair O'Keefe; Commissioners Brown, Bhuthimethee and Schaub; Luke Sims, Community Development Director; Jeff Baker, Assistant Community Development Director, Kristi Bascom, Principal Planner; and Debra LeClair, Recording Secretary. ABSENT: None 1.1 PLPA-2012-00061 Study Session to discuss the Draft Commercial Corridor Design Guidelines Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Cm. Schaub stated that, at one time, the Planning Commission had talked about creating a Scarlett Court Specific Plan but wanted to wait until Camp Parks was completed and asked if that is still the case. Jeff Baker, Assistant Community Development Director, answered that in lieu of creating a Scarlett Court Specific Plan the City has done a few things instead, i.e., streamlining the process for auto uses, creating the design guidelines and will not be creating a specific plan for the Scarlett Court area at this time. Cm. Schaub stated that there had been a concern regarding an exception for drive-thru windows for a pharmacy and asked if that had been addressed in the Commercial Corridor Design Guidelines (CCDG). Ms. Bascom responded that the design guidelines are guidelines; there are a few items that are prescriptive but most are considered "should be done." She stated the intent is that Staff, the Planning Commission and the City Council will be able to use the document as a guideline. It can also be provided to property owners and developers who are looking for guidance as to the designs the City would like to have in the Commercial Corridor. Cm. Brown understood the definition of "should" but read that in some cases, "should" can also mean "required." ATTACHMENT 2 Ms. Bascom responded that the intent is that "shall" is a requirement but "should" means not required. She stated that on Page 11 of the Guidelines it states the term "shall" is used to denote a design standard where compliance is required; the term "should" is used to denote a guideline that is recommended but not required in all circumstances; the term "may" is used to denote a design treatment that is optional. She stated those are the three levels of requirement. Cm. Schaub asked if Floor Area Ratios are included in the Design Guidelines. Ms. Bascom answered no. She clarified that the Commercial Corridor Design Guidelines (CCDG) are based on the Downtown Dublin Specific Plan (DDSP) which is a very inclusive document which included the floor area ratio. She stated that the CCDG has everything in it related to design in the commercial corridor area but does not speak to land use, development intensity, set- backs, or building heights; those items remain in the zoning that applies to the individual parcels. Chair Wehrenberg stated that the CCDG talks about building heights and felt it might be an existing factor. Ms. Bascom agreed that it is in the existing conditions which are a general description of the area to which the design guidelines apply. Chair Wehrenberg asked if the CCDG would include higher standards for Green Building for those commercial spaces or rely on the Green Building Ordinance. Ms. Bascom answered the Green Building Ordinance sets the requirements and the CCDG guidelines are above and beyond those. Chair Wehrenberg understood but felt that commercial spaces use more waste and more energy and asked if higher standards for commercial spaces should be considered in the CCDG. Ms. Bascom felt the CCDG would not be the appropriate document for higher Green Building standards. Mr. Baker agreed and stated that the Green Building Ordnance and the Building Code addresses some of the factors. He felt this document is directed at only the design of the commercial spaces. Chair Wehrenberg felt this document could be an opportunity to recommend higher standards for Green Building. Cm. Schaub stated there are many guideline documents now, i.e.; DDSP, Sustainability Element of the General Plan, etc. He asked what the hierarchy would be of those various documents. Ms. Bascom responded that, for all the properties to which the CCDG apply, the General Plan is always the overarching document and all the elements within the General Plan; Land Use Element, Community Design and Sustainability Element, etc. apply City-wide, then the Zoning Ordinance. She stated that there are some areas of the City that have a specific plan that contains the zoning as well as the development standards and design guidelines. She stated that the General Plan Land Use describes the allowable land uses; the zoning district for individual parcels sets forth the development standards and then the additional layer being added by the CCDG are design guidelines that offers guidance and suggestions for design on those parcels. Cm. Brown referred to the graphic in the CCDG regarding sidewalks that suggested there should be a 5 foot wide, unobstructed walkway. He asked if the City has plans to create those sidewalks on Village Parkway or would the individual property owner be responsible for their area of the sidewalk. Ms. Bascom answered that the Village Parkway District is part of the DDSP so that would not be covered by this document. She stated the graphic was taken out of the DDSP. She stated that typically the property owner is responsible for the sidewalk in front of their property. The City has capital improvement projects where funds are set aside for streetscape improvements. She mentioned there is a streetscape improvement project in process along Golden Gate Drive between the BART station and Dublin Blvd. She stated the City is devoting a substantial resource into sidewalk improvements, pedestrian lights and tree grates, etc. She stated that the intent of the graphic Cm. Brown referred to is just to show how the City would like to have an outdoor dining area look and not to suggest that all commercial properties will look the same in the front. Cm. Bhuthimethee asked if this Commercial Corridor has not been previously defined, will this document define it. Ms. Bascom answered that these design guidelines are intended to capture the areas that are not covered by another document already. Cm. Bhuthimethee asked if the rest of the commercial properties are included in this document. Ms. Bascom answered yes; the idea for this document is to cover all the commercial properties in a document. Cm. Bhuthimethee asked if CCDG is an in-house document because some of the graphics are similar to the DDSP. Ms. Bascom answered that this document is not intended to recreate the wheel, but it is intended to capture all those parcels that are not in a specific plan or in the Scarlett Court Design Guidelines. She stated that Staff created the document in-house and borrowed heavily from the DDSP, which had been through an exhaustive public outreach process with a lot of input from the Planning Commission and other members of the City. She stated they also used the Scarlett Court Design Guidelines. She stated that the only new information is in the last section of Chapter 3 that has design guidelines that are related to specific uses. Cm. Bhuthimethee felt this document is more specific than the DDSP. Ms. Bascom responded that it was not intended to go further, because it was borrowed from the DDSP. She stated that the CCDG only deals with commercial and industrial parcels. Cm. Bhuthimethee felt that the DDSP also only deals with commercial parcels. Ms. Bascom responded that there is commercial and 1,300 residential units within the DDSP area. She stated that if the Planning Commission felt the CCDG should be modified then this is the time to suggest those modifications. Cm. Brown referred to Page 24 which states that evergreen trees are encouraged within parking lots. He mentioned a recent Citibank project where trees damaged the parking lot. He suggested being more specific regarding the types of trees encouraged within parking lots so that the damage problem does not happen again. Ms. Bascom felt the intent of having the evergreen trees is for shade on a year-round basis. She suggested adding verbiage stating "evergreen trees that are suitable for smaller areas are encouraged." She felt that Staff always intends for landscaping to be suitable and contextual to the specific project. Cm. Bhuthimethee suggested adding large canopy trees to create shade also. Cm. Schaub felt it would be a good idea to have a list, which can be shared with developers, of trees that are encouraged to be planted and a list of trees that are discouraged, similar to the Streetscape Master Plan. Ms. Bascom stated that the Streetscape Master Plan is used primarily for street trees not private, on-site landscaping. She stated, with private, on-site landscaping, Staff is more generous with allowing the developer to design a landscape pallet that works with the building, the site and the architecture. There is generally no certain species or landscape pallet for private development. Mr. Baker added that the City's process has changed since the Citibank building was built (the project Cm. Brown was referring to). The City now has a design review process which includes review by a landscape architect to ensure the appropriateness of the plant pallet. He felt that, having language in the CCDG that suggests that the trees should be appropriate for that location, gives Staff the basis to ensure the appropriate tree size. He stated that, while Staff could produce a list of trees, it would be difficult to have an all-inclusive list versus including broad language that can be used to provide that guidance. Cm. Schaub felt that the Planning Commission has identified trees that work well and trees that don't work as well. Cm. Bhuthimethee referred to Page 13, Appropriate Screening Methods; she asked if building walls include low masonry walls. She also asked if it would be useful to add onto the list, under the Utility Screening section, some items that are addressed later on in the document, such parking lots, trash enclosures, recycling facilities and loading areas. Ms. Bascom stated that the sections are broken up by utilities that need to be screened from view, and then there is a separate area that speaks to loading and unloading and another separate section for trash enclosures. She asked if Cm. Bhuthimethee would like to add something. Cm. Bhuthimethee answered no. She asked if "building walls" means the wall of the building. Ms. Bascom responded it could be a wing wall, an extension from the building or a masonry wall. She asked if it would be clearer to spell that out. Cm. Bhuthimethee answered yes; be more specific and indicate a masonry wall or low masonry wall. Cm. Bhuthimethee asked if there is a section regarding building facades that do not face the street. Ms. Bascom stated the building facades are discussed in Section 3.2. Cm. Bhuthimethee suggested adding something regarding the retail storefronts such as some kind of awnings at the pedestrian scale or some type of detailing at the pedestrian scale and asked if that would be appropriate for this section of the document. Ms. Bascom stated that this would be the section to address that concern. Cm. Schaub stated the Planning Commission wants to avoid the situation of a building that is very visible but ends up with blank walls and cited an example of an existing building. He felt that was an example of a building that was not required to add any type of architecture to the back side which was more visible than the other sides. Ms. Bascom referred the Commission to Page 31 where the finished materials and colors are discussed and states that they should be complementary to one another and appropriate to the architecture of the style and character of the building. Mr. Baker added that the first two bullets on Page 29, Section 3.2.1 addresses this scenario and states if not visible from the public realm the design of side and rear facades may be simpler and more casual ... and requires consistent design, materials, colors and architectural treatments zoliere visible in the public realm." Ms. Bascom added that they should include materials that are consistent and complementary to the front facade and goes on to state that all buildings shall be designed with similar architectural elements, materials, and colors as the front facade. Cm. Schaub mentioned that this section is similar to Conditions of Approval the Planning Commission has included for most residential projects that require the sides of houses, within the public realm view, to have the same architecture as the front facade. Ms. Bascom asked if there was text Cm. Schaub wanted to add. She felt that Page 29 captures the flavor of what he was concerned about. Cm. Schaub answered that he did not feel it was necessary to add additional language. Cm. Bascom responded that, on Page 29, the second bullet states that if the building is not visible from the public realm, the design of the side and rear facades may be simpler. trrat.�b uj , •a k, f ,, Cm. Schaub agreed. Chair Wehrenberg asked if Cm. Bhuthimethee was in agreement with the two bullets on Page 29. Cm. Bhuthimethee agreed. Chair Wehrenberg felt there were a variety of different items covered in different areas of the document, including covering windows with signage. Ms. Bascom stated window covering is included in the Zoning Ordinance but felt it was good to repeat the standard in this document. Chair Wehrenberg felt the document incorporates a lot of green standards including window covering. Cm. Schaub referenced a storefront that he felt covered their windows extensively. Mr. Baker offered to look at the stores that he was referring to. Cm. Schaub felt that some storefront window signage and coverings are not consistent with what has been required of others. Chair Wehrenberg felt that concern had been addressed with Zoning Ordinance guidelines that would allow only a percentage of the window to be covered for advertising. Mr. Baker responded that there are regulations in the Zoning Ordinance that would apply to this store and agreed to send Code Enforcement for an inspection. Cm. Bhuthimethee asked Cm. Schaub what the term "public realm view" meant and if it includes the view from the parking lot as well as the street. Cm. Schaub answered yes, both; he mentioned the residential projects that were required to take into consideration the public realm view in regards to corner houses, and houses with second stories that can be seen from the public realm. Cm. Bhuthimethee suggested adding that landscaping is also encouraged in order to soften the view of the side and rear facades if the building facade is plain. Cm. Schaub added that the Planning Commission struggled with some projects using grates with plants on it for architecture. He stated that was discouraged because the plants die without maintenance and some Applicants choose not to provide maintenance. Chair Wehrenberg felt that considering the lessons learned from previous projects the CCDG has covered the landscaping concerns well. t'FFi 6 _ Cm. Bhuthimethee felt it was good to have structured parking included and wanted to see more because in the future there could be more structured parking and a lot of cities fail to address it. She suggested possibly adding awnings in the "Articulating the Facade" section. Chair Wehrenberg referred to a parking structure that the Applicant tried to keep as open as possible for security purposes. Cm. Bhuthimethee felt that parking structures make a statement and mentioned a parking structure in Walnut Creek that looks like a building and when compared to a BART parking structure it makes a big difference. She asked to include a section encouraging depth in color or other interest that might match surrounding buildings, possibly metal or precast; or artwork on the walls, large murals, and mentioned a mural on the side of a parking structure in Palo Alto that was very interesting. Cm. Schaub asked if that type of artwork would have to go to the Arts Commission. Mr. Baker answered, if it was being designed as public art, it would go the Arts Commission. Chair Wehrenberg felt that maintenance of murals on parking structures could be an issue with graffiti. Cm. Schaub wanted to see any type of mural on a blank wall go to the Arts Commission. Chair Wehrenberg agreed. Mr. Baker suggested adding language regarding the use of a public art mural, which would go to the Arts Commission. Cm. Bhuthimethee agreed. Cm. Schaub was in support of the project. Cm. O'Keefe was in support of the project. Cm. Brown was in support of the project. Chair Wehrenberg was in support of the project. Cm. Bhuthimethee asked if the CCDG included landscape accent lighting recommendations. She felt that lighting makes a big difference in the look of the project. Ms. Bascom answered that the CCDG speaks about primarily sidewalks and walkways, outdoor spaces and outdoor seating areas where it's more geared towards pedestrian gathering and providing lighting for safety as opposed to enhancements. Cm. Brown asked if she was referring to street lighting. Cm. Bhuthimethee answered no; she felt that lighting itself can be very attractive. Cm. Schaub mentioned the attractive lighting on the Sports Authority building. Ms. Bascom stated that the document speaks about building lighting but not about accent lighting for landscaping. She stated Staff can add landscaping accent features should be considered. Chair Wehrenberg asked when the project would come back to the Planning Commission. Ms. Bascom answered the project is scheduled for the Planning Commission meeting on November 13, 2012 and she would present the changes made here tonight. Mr. Baker stated that the Planning Commission would review the final draft document and then make a recommendation to the City Council for adoption. Cm. Brown asked who would review the draft after the changes are made from what was done at this meeting. Mr. Baker answered it will come back to the Planning Commission. He stated that the document has been reviewed internally, Staff met with community members and this Study Session was another opportunity for the community, as well as the Planning Commission, to address concerns. He stated that the next step is to incorporate the feedback from tonight's meeting into the final draft. Staff will bring the CCDG back to the Planning Commission at a public hearing for a recommendation to the City Council and the implementation of Zoning Amendments. ADJOURNMENT - The meeting was adjourned at 6:52:30 PM G:\MIN LITES�2012�STUDY SESSIONS\PC SS Draft Design Guidelines 10.30.12.doc t,1 g d ,tiZfS.ri Sri C�„, 7,NJ OF�Dp��f� X82 STAFF REPORT PLANNING COMMISSION FOR DATE: November 13, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING — Eastern Dublin Specific Plan Amendment to Eliminate the Requirement for Development Agreements and related Financing Plans and Infrastructure Sequencing Programs (Legislative Act) Prepared by John Bakker, City Attorney EXECUTIVE SUMMARY The Eastern Dublin Specific Plan (EDSP) requires that Applicants for development in the Specific Plan area enter into a mutually acceptable development agreement with the City. The EDSP also requires the development agreements to include detailed financing plans and infrastructure sequencing programs. The City's original purpose for these requirements in the EDSP was to ensure the adequate provision of infrastructure needed by planned development. There are now other implementation measures in place that insure the provision of infrastructure and payment of fees, so these requirements are no longer necessary. City staff is recommending that the EDSP be amended to eliminate the above requirements because they are no longer needed and because the City would then have the opportunity to negotiate for community benefits when developers desire the certainty provided by a voluntary development agreement. RECOMMENDATION Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the City Council amend the Eastern Dublin Specific Plan to eliminate the requirement for development agreements and related financing plans and infrastructure sequencing programs. Submitted By lRevi ed By City Attorney Assistant Community Development Director COPIES TO: Applicant File ITEM NO.: Page 1 of 5 DESCRIPTION Authority for Development Agreements Under the common law of California, the approval of a development project does not give the developer a right to proceed to complete the project. Rather, the local agency can change the rules and regulations at any point up until the developer has been issued a building permit and incurred substantial liabilities in good faith reliance on the permit. Even then, the vested right only gives the developer the right to complete the development described in the building permit. To provide relief from this rule, the Legislature has developed two means by which a developer may protect its project from subsequent changes in regulations. The first is a vesting tentative map, which gives the developer the right to proceed with development in substantial compliance with the rules and regulations in effect at the time the map application was deemed complete. (See Gov. Code, § 66498.1(b).) The second is a development agreement between the local agency and the developer. A development agreement vests the developer's right to proceed with the approved project and, unless otherwise specified in the agreement, locks in the rules and regulations applicable to the property. The local agency normally has no obligation to enter into a development agreement, and therefore it can negotiate for consideration (community benefits) in exchange for giving the developer vested rights. Eastern Dublin Specific Plan Requirement for Development Agreements In contrast to a typical voluntary development agreement, Section 11.3.1 of the Eastern Dublin Specific Plan requires all Applicants for development in the Specific Plan area to enter into a "mutually acceptable development agreement" with the City. As further directed by the EDSP, the City Council adopted a Standard Master Development Agreement on October 10, 1994 and amended it on November 28, 1995. Over the years, the Council has unofficially established five years as the time for specific plan required development agreements. Because the Specific Plan requires a development agreement, the City cannot bargain for consideration from the developer in exchange for the development agreement. For this reason, the standard Specific Plan development agreements have not been used by the City to exact benefits the City cannot otherwise obtain. Purpose of Eastern Dublin Development Agreements The Specific Plan identifies the following purposes of the development agreement requirement: 1) augment the City's standard development regulations for specific projects; 2) spell out the precise financial responsibilities of the developer; 3) ensure the timely provision of adequate public facilities; 4) streamline the development approval process by coordinating various discretionary approvals; 5) provide the terms for reimbursement when a developer advances funding for specific facilities which have community wide area benefits; and 6) provide for mutuality to the City and the developer regarding entitlements to the developer in return for commitments for public improvements. (Section 11.3.1.) At this point in the development of Eastern Dublin, none of these purposes offers a compelling rationale to maintain the requirement. This is because some level of entitlement has been approved for virtually all specific plan properties and major infrastructure has been constructed or planned for construction through these approvals. Additionally, when the Plan was first adopted, there were not administrative or formal procedures in place to ensure these purposes 2of5 could be accomplished. The development agreement temporarily filled that need and is no longer necessary. Advantages and Disadvantages of the Development Agreement Requirements The specific plan development agreement requirement has advantages and disadvantages. The advantages of the specific plan development agreement requirement are that 1) the agreements satisfy the Specific Plan requirement for "financing plans" and "infrastructure sequencing programs"; 2) the agreements secure project conditions that cannot be satisfied at final map; and 3) the agreements can clarify Conditions of Approval. The disadvantages of the specific plan development agreement requirement are that: 1) the City, since it effectively gives away five years of vested rights, cannot bargain for community benefits in exchange for providing vested rights; and 2) the requirement, by adding another required City approval, increases the developers' costs to process their projects. The advantages are not significant. The requirements for a "financing plan" and an "infrastructure sequencing program" are facilitated by the development agreement, but in light of the City's comprehensive impact fee program and extensive body of development standards and Ordinances, these requirements are no longer necessary. Further, development agreements would not be needed to clarify conditions if the conditions are clearly written. Finally, project conditions that cannot be satisfied at final map can be secured by a separate agreement prior to final map approval. On the other hand, the disadvantages of the requirement are significant. First, most developers in Eastern Dublin apply for vesting tentative maps and are thereby able to obtain vested rights. These rights may be adequate for many developers. For developers who desire development agreements, eliminating the requirement will give the City the ability to bargain for consideration in exchange for providing vested rights to the developer. There are no restrictions on what the City can ask for or receive, other than what the developer will agree to provide. Any future development agreements for properties in Eastern Dublin would be freely negotiated. Second, over the years many developers, particularly those that are ready to immediately proceed with development, have expressed displeasure about the need to enter into a development agreement. These developers have expressed concern both about the costs and time associated with drafting, negotiating, and processing the development. Thus, eliminating the requirement will have an economic development benefit in that it will reduce the expense of and expedite the processing of development in Eastern Dublin. The proposed amendments are shown in Attachment 1 with additional text shown with an underline and deleted text shown with a stFikethMu h. The amended text is included in the Planning Commission Resolution as Exhibit A to Attachment 2. CONSISTENCY WITH GENERAL PLAN, APPLICABLE SPECIFIC PLANS The development agreement requirement and its related financing plan and infrastructure sequencing program is unique to the Eastern Dublin Specific Plan There is no comparable provision in the General Plan, nor is there any General Plan direction that the EDSP include these requirements. As amended by the Project, the EDSP would remain internally consistent because other existing City processes insure adequate infrastructure will support development, including impact fees, PD-Planned Development zoning and other application reviews that apply adopted development standards and ordinances. 3 of 5 NOTICING REQUIREMENTS/PUBLIC OUTREACH In accordance with State law a Public Notice was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice ten days before the hearing and the Staff Report and attachments were made available for public review prior to the public hearing in accordance with Government Code Sections 65090 and 65091. A notice of this Public Hearing was also sent to active developers within the Specific Plan area. ENVIRONMENTAL REVIEW: 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 when applicable, environmental documents be prepared. Staff recommends that the Project be found exempt under the general rule in CEQA Guidelines section 15061(b)(3) that CEQA does not apply where it can be seen with certainty that there is no possibility for a significant effect on the environment. There is no such possibility for the Project since all applicable development standards and ordinances, including payment of impact fees, would continue to apply to development projects to ensure they are supported by needed infrastructure and public utilities. ATTACHMENT: 1) Proposed Eastern Dublin Specific Plan Amendments shown in stFukethreugh and underline. 2) Resolution recommending that the City Council amend the Eastern Dublin Specific Plan to eliminate the requirement for development agreements and related financing plans and infrastructure sequencing programs, with the City Council Resolution attached as Exhibit A. 4of5 GENERAL INFORMATION: APPLICANT: City LOCATION: All properties in the Eastern Dublin Specific Plan area ASSESSORS PARCEL NUMBER: Various GENERAL PLAN LAND USE DESIGNATION: Various SPECIFIC PLAN LAND USE DESIGNATION: Various 1858785.6 5 of 5 A. Amend the Summary, Section 3.9.2, Financing Goals and Policies, to read as follows: 3.9.2 FINANCING GOALS AND POLICIES The Specific Plan states that new development should pay the full cost of infrastructure needed to serve the area and should fund the costs of mitigating adverse impacts to the City's existing infrastructure and services. reimbursements fFem atheF areas benefiting fFGR; GGStS that SpeGifiG Plan GWReFs aFe B. Amend the Summary, Section 3.9.3, Implementation, to read as follows: 3.9.3 IMPLEMENTATION Various actions are specified to carry out the financing policies of the Specific Plan, including adoption of development agroomontc area of benefit ordinances, creation of a special assessment or Mello-Roos District, establishment of a landscaping and lighting district and geologic hazards abatement district, evaluation of Marks-Roos bond pooling, reviewing the need for a builder impact fee system, and coordinating efforts with the school district and CalTrans on public improvements. C. Amend the Summary, Section 3.10.1, Key Implementing Actions, to delete the last bullet "Preparation of Financing Plans", as follows: 3.10.1 KEY IMPLEMENTING ACTIONS • EIR Certification • Adoption of CEQA Findings • Amendment of the General Plan • Adoption of the Specific Plan • Prezoning • Conclude Property Tax Exchange with the County • Annexation of the Specific Plan area to the City of Dublin • Preparation of a Plan for Services • Annexation of Specific Plan area into DSRSD • Preparation of Subarea Planned Development Plans • Filing of Tentative Maps • Site Development Review/Design Review • Preparation of Public Improvement Plans • Filing of Final Map • Preparation of Park Improvement Plan • Dr0paratioR of Finonrinn Dlonc D. Amend the Summary, Section 3.10.2, Other Implementing Actions, to delete the first bullet "Entering into Development Agreements", as follows: 3.10.2 OTHER IMPLEMENTING ACTIONS In addition to the procedural steps given above, the following actions will assist in implementing the Specific Plan. . EntoriRg into Development Agreements • Adoption of Area of Benefit Ordinance • Analysis of Financing Techniques 1 ATTACHMENT 1 • Analysis of Feasibility of Marks-Roos Bond Pooling •Analysis of Feasibility of Citywide Builder Impact Fee System E. Amend the Summary, Section 3.10.3, Administration of the Specific Plan, to read as follows: 3.10.3 ADMINISTRATION OF THE SPECIFIC PLAN Responsibility for administering the Specific Plan will be a joint effort of the City of Dublin and developers in Eastern Dublin aRy developer who is party to a Develepment Agreement with the Git„. The_City will review and approve projects in the Planning Area. F. Amend Section 4.4.1, Location and Diversity, Action Program: Location and Diversity, to delete Program 4D, as follows, and renumber subsequent programs as appropriate: Utilities,Program 4D; Explore the use of developmeRt agreemeRts with appliGants fe and ethei: amenities are provided GE)RsisteRt with SpeGifiG Plan pG"Gies, and as needed by planning area development G. Amend Section 10.1, Introduction to read as follows: 10.1 INTRODUCTION The two primary purposes of this financing chapters are 1) to show how the major infrastructure costs of new eastern Dublin development will be financed and 2) to show that measures have been taken to ensure that new development will not drain existing City resources. H. Amend Section 10.4, Goals and Policies, to delete the Goal statement at the top of p. 209, as follows: Goal� The f0naRGiRg plaR should provide for reimbursements from aRY other beRefiting areas feF GGStS that SpeGifiG Plan area GwReFs are required to advanGe, and shei; prev+d afar alIGGatiOR ef GGsts among land uses. I. Amend Policy 10-6 on p. 209 to read as follows: Policy 10-6: Require developers who proceed ahead of any applicable #fie infrastructure phasing plans to pay the costs of extending the backbone infrastructure to their project subject to future reimbursement. J. Amend the 3`d full paragraph on p. 211 to read as follows: The generally accepted standard is that total annual assessments (ad-valorem property taxes plus Mello-Roos or other assessments) should be less than two percent of property value. Since one percent is already accounted for in the ad-valorem property tax, the assessments should not exceed one percent. Note that in Table 10.4 all of the residential and commercial units would have annual assessments equal or below one percent. In short, this financing $4n-approach would spread the debt burden amongst the various land uses without placing any undue burden on any one land use. 2 K. Amend the Action Program: Financing, on p. 211 to remove the first bullet, as follows: Development Agreement. For onnh pFeperty in the Planning Area prepare and adept a developmeRt agreement that spells aut the preGise finaRGial responsibilities of the developer. L. Amend the bulleted list in Section 11.1 on p. 219 to delete the last two bullets as follows: 11.1 SUMMARY: SPECIFIC PLAN IMPLEMENTATION PROGRAM The following shows the approximate sequence of the key implementing steps that should be followed by the City to effectively implement this Specific Plan. • Certify the Eastern Dublin Specific Plan Program Environmental Impact Report • Adopt findings as required by the California Environmental Quality Act (CEQA) • Amend the General Plan • Adopt the Specific Plan • Adopt prezoning for the Specific Plan area • Conclude property tax exchange agreement with the County • Annex currently unincorporated Specific Plan areas into the City and DSRSD service area • Prepare a Plan for Services • Adopt development review procedures for projects in the Specific Plan area • Adopt Subarea Planned Development Plans • Approve Master Grading, Utility and Drainage Plans • Review and approve individual Tentative Subdivision maps • Adopt Public Improvement Plans M. Amend Section 11.2.7, second paragraph, to read as follows: "Planned Development Plans" shall be prepared in greater detail than the Specific Plan, in keeping with zoning ordinance requirements. The plan shall show the location and arrangement of all proposed uses, specify the circulation system, define parcels, refine the design standards, specify the infrastructure requirements and their se , reflect the applicable mitigation measures of the Final EIR, include master neighborhood landscape plans, and note neighborhood park location. Planned Development plans shall also include a written statement which discusses affordable housing and any other such material or information required by the Eastern Dublin Specific Plan, the Dublin General Plan, and/or needed for the type of development proposed. Action programs within the Specific Plan provide specific requirements. N. Amend 11.2.10, Public Improvement Plans, to read as follows: 11.2.10 PUBLIC IMPROVEMENT PLANS The on-site and off-site public improvements necessary to serve the eastern Dublin planning area need to be specifically de- signed. The applicants should prepare for City review and approval Public Improvement Plans, consisting of detailed engineering designs and documents for all utilities necessary to develop the land uses identified in 3 i the Specific Plan. These plans should innli ide aR iRfFaGt i 1Gt ire seq ginning prnnrom that will allow ord"development throughout it the Spenifir Plan area The cent ienGi; pprogra n shall prioritize-reads sewer, water, drainage and ether -itilities that must he in plane prier to spenifin levels of development heipg permitted O. Delete Section 11.2.13, Financing Plans, as follows, and renumber subsequent sections as appropriate: 1 7 13 FINANCING PLANS dScribed ip Ghapter 11 Detailed finannial plans shall he prepared and he made a part tit-the 'ernents inGludiRg publiG faGilitieG, streets and utilities and assure their tirne4y iplementatiOR of the FiRaRGiRg Plans Gan be assuFed by inGIUSOOR Of �S in development approvals and/or development agreements that regi lire P. Amend Table 11.2, Responsibilities for Key Implementing Actions, to delete the last line referencing "Financing Plans", as follows: Table 11.2 RESPONSIBILITIES FOR KEY IMPLEMENTING ACTIONS Key Implementing Actions Responsibility for Document Preparation Adoption by EIR Certification City City CEQA Findings City City General Plan Amendments City City Specific Plan Adoption City City Prezoning City City Annexation City/DSRSD City Subarea Plans Developers City Tentative Map Developers City Site Development/Design Review City City Public Improvement Plans Developers City Final Subdivision Map Developers City Park Improvement Plans City City FinaRE;ing Plans Developers City Q. Delete Section 11.3.1, Development Agreements, as follows and renumber subsequent sections, as appropriate: 11.3.1 DEVCl OPMENT GREEIVIENTS U aA EIR is • SUGh development agFeernents wall set forth the roles that will geveFR the develepments a-& 4 agreements. The Gity may agree to PFE)Gess further appliGatiGRS an aGGE)rdanGe with its s net--t0 Change its planning or mooning laws applinable to those deyelepments far a time Thi is fi iti re lapel i use denisinns are not made annnrdipg to the Gity's laws PC)I*Gies on effeGt at that t me, but are made aGGGFdmng to the laws on effeGt wheeR the agreements were entered into In refs ire i gi the developers may agree to GEHR6tFUGt spes+f+s snhedi file nr make ether nommitments .e ihinh the City might rnmpel the developers to perform The SpeGifiG PlaR and its EIR plaGes substaRtial requirements OR the development of properties withiR the eastern Dublin planning area. These requirements inGlude fiRanGiRg, thee#environmental impants Cnr this Spenifio Plan a development agreement is the . Augment the Gitv's standard development regulations in response to the Spell out the prenise finapnial responsibilities of the developer• spenifin fanilities WhiGh have nnmmi inity_wide or area benefit;- Provide mutually to both the City and the developer regardiRg eRtitlemeRtG to the developer in return far oommitments far pi iblin improvements tdt all development agreements within the ea6teFR Dublin planning area. The GoRditiens a RGluded OR this Master DevelopmeRt Agreement weuld then be taileped to the speGial R. Amend Table 11-3, Responsibilities for Other Implementing Actions, as follows: Table 11-3 RESPONSIBILITIES FOR OTHER IMPLEMENTING ACTIONS Responsibility For Document Other Implementing Actions Preparation Adoption by Development Agreements Master DeyelnpMent Agreement Gity Not applinable 'REliyIdl lal Deyelepment Agreement Git y City Area of Benefit Ordinance City City Special Assessment District or Mello-Roos CFD Developers City Landscaping and Lighting District Developers City Geological Hazards Abatement District Developers City Marks-Roos Bond Pooling City City Citywide Builder Impact Fee System Developers City S. Amend Section 11.4.1, Responsibilities for Administration of the Specific Plan,to read as follows: 5 11.4.1 RESPONSIBILITIES FOR ADMINISTRATION OF THE SPECIFIC PLAN Administration of the Eastern Dublin Specific Plan will be a joint effort of the City of Dublin and af}y developers in Eastern Dublin who is a part„ to a rdeyelepmept agreement between the Git y aR d the pqC T. Amend Action Program: Location and Diversity, on p. A5-2 to delete Program 4D, as follows, and renumber subsequent programs as appropriate: Pr-ogram All • Explore the use of Aeyelapment agreements with applicants fer I developments, to ensure that iRfFaGtF61GtUre improvements, publiG utilities, anrd other amenities are provided nonsistent with Spenlflo Plan peliniec and as U. Amend Appendix 5 to delete the second Goal statement on p. A5-33 as follows: Goal� The finaRGing plan should prGVide fE)r Feirnbursernents from any other benefiting areas fOr GOStS that SpeGifiG Plan aFea own '1-.Fed to advaRG8, and she, pFevide a fa+r V. Amend Policy 10-6 on p. A5-34 to read as follows: Policy 10-6: Require developers who proceed ahead of any applicable the infrastructure sequeasiRg phasing plans to pay the costs of extending the backbone infrastructure to their project subject to future reimbursement. W. Amend Action Program: Financing, on p. A%-34 to remove the first bullet, as follows: DeVelnnment Agreement For eanh property in the Planning Area prepare and of the deyeleper X. Make necessary conforming amendments to the EDSP for consistency with the above amendments, including revisions to the table of contents, renumbering or relettering provisions, as appropriate. 6 RESOLUTION 12-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS WHEREAS, the specific plan amendment will remove development agreements, and related financing plans and infrastructure sequencing programs, from the Eastern Dublin Specific Plan (EDSP) implementation requirements (hereafter, "Project"). All development in the Eastern Dublin Specific Plan area will continue to be subject to previously adopted EIRs and other CEQA reviews and mitigation measures, EDSP development policies and standards, zoning and development review, and all applicable subdivision and development ordinances; and WHEREAS, originally intended to ensure that infrastructure would be guaranteed as development proceeded in Eastern Dublin, the requirement for development agreements is no longer needed for that purpose and also constrains the City's ability to negotiate voluntary agreements that provide certainty to developers in exchange for community benefits; and WHEREAS, a Planning Commission Staff Report, dated November 13, 2012 and incorporated herein by reference, described and analyzed the Project; and WHEREAS, the Planning Commission considered the Staff Report and all written and oral testimony submitted at a noticed public hearing on November 13, 2012, at which time all interested parties had the opportunity to be heard. 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 find the Project exempt under the general rule in California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) that CEQA does not apply where it can be seen with certainty that there is no possibility for a significant effect on the environment. There is no such possibility for the Project since all previously adopted EIRs and other CEQA reviews and mitigation measures, EDSP development policies and standards, zoning and development review, and all applicable subdivision and development ordinances, including payment of impact fees, would continue to apply to development projects to ensure they are supported by needed infrastructure and public utilities. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt the resolution attached as Exhibit A and incorporated herein by reference. 1 ATTACHMENT 2 PASSED, APPROVED AND ADOPTED this 13th day of November, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 1978205.2 2 RESOLUTION NO. XX-2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS WHEREAS, in 1993, the City adopted the Eastern Dublin Specific Plan (EDSP) to guide future development of approximately 3,300 acres of undeveloped lands east of Camp Parks over a 20-30 year planning period. Subsequent amendments have increased the size of the specific plan area, and most of the basic infrastructure has been constructed or is planned for construction through annexation agreements, PD-Planned Development zoning, vesting tentative map approvals, and/or other development entitlements; and WHEREAS, the EDSP area was largely undeveloped when the plan was adopted; therefore, an important goal of the plan was to ensure that infrastructure improvements and public utilities were provided as needed by potential urban development. Among the implementation tools for this goal were requirements that developers in the Specific Plan area prepare detailed financing plans and infrastructure sequencing programs to identify necessary Capital Improvements, including public facilities, streets and utilities and insure their timely financing through related development agreements. The EDSP development agreements typically vested development rights for a 5-year term and specified the precise financial responsibilities of each developer; and WHEREAS, originally intended to ensure that infrastructure would be guaranteed as development proceeded in Eastern Dublin, the requirement for development agreements is no longer needed for that purpose and also constrains the City's ability to negotiate voluntary agreements that provide certainty to developers in exchange for community benefits; and WHEREAS, the Specific Plan Amendment will remove development agreements, and related financing plans and infrastructure sequencing programs from the EDSP implementation requirements (hereafter, "Project"). All development in the Eastern Dublin Specific Plan area will continue to be subject to previously adopted EIRs and other California Environmental Quality Act (CEQA) reviews and mitigations, EDSP development policies and standards, zoning and development review, and all applicable subdivision and development ordinances; and WHEREAS, a Planning Commission Staff Report, dated November 13, 2012 and incorporated herein by reference, described and analyzed the Project; and WHEREAS, the Planning Commission considered the Staff Report and all written and oral testimony submitted at a noticed public hearing on November 13, 2012, at which time all interested parties had the opportunity to be heard, and adopted Resolution recommending adoption of the proposed Project, which resolution is incorporated herein by reference; and 1 EXHIBIT A TO ATTACHMENT 2 WHEREAS, a City Council Staff Report dated December 4, 2012 and incorporated herein by reference, described and analyzed the Project, and WHEREAS, the City Council considered the Staff Report, the Planning Commission recommendation, and all written and oral testimony submitted at a noticed public hearing on December 4, 2012, at which time all interested parties had the opportunity to be heard. 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 the Project exempt under the general rule in CEQA Guidelines section 15061(b)(3) that CEQA does not apply where it can be seen with certainty that there is no possibility for a significant effect on the environment. There is no such possibility for the Project since all previously adopted EIRs and other CEQA reviews and mitigation measures, EDSP development policies and standards, zoning and development review, and all applicable subdivision and development ordinances, including payment of impact fees, would continue to apply to development projects to ensure they are supported by needed infrastructure and public utilities. BE IT FURTHER RESOLVED that the City Council approves the following Eastern Dublin Specific Plan Amendment based on findings that the amendment is consistent with the Dublin General Plan and that the Specific Plan as so amended will remain internally consistent. A. Amend the Summary, Section 3.9.2, Financing Goals and Policies, to read as follows: 3.9.2 FINANCING GOALS AND POLICIES The Specific Plan states that new development should pay the full cost of infrastructure needed to serve the area and should fund the costs of mitigating adverse impacts to the City's existing infrastructure and services. B. Amend the Summary, Section 3.9.3, Implementation, to read as follows: 3.9.3 IMPLEMENTATION Various actions are specified to carry out the financing policies of the Specific Plan, including adoption of area of benefit ordinances, creation of a special assessment or Mello-Roos District, establishment of a landscaping and lighting district and geologic hazards abatement district, evaluation of Marks-Roos bond pooling, reviewing the need for a builder impact fee system, and coordinating efforts with the school district and CalTrans on public improvements. C. Amend the Summary, Section 3.10.1, Key Implementing Actions, to delete the last bullet "Preparation of Financing Plans", as follows: 3.10.1 KEY IMPLEMENTING ACTIONS • EIR Certification • Adoption of CEQA Findings • Amendment of the General Plan • Adoption of the Specific Plan • Prezoning • Conclude Property Tax Exchange with the County 2 • Annexation of the Specific Plan area to the City of Dublin • Preparation of a Plan for Services • Annexation of Specific Plan area into DSRSD • Preparation of Subarea Planned Development Plans • Filing of Tentative Maps • Site Development Review/Design Review • Preparation of Public Improvement Plans • Filing of Final Map • Preparation of Park Improvement Plan D. Amend the Summary, Section 3.10.2, Other Implementing Actions, to delete the first bullet "Entering into Development Agreements", as follows: 3.10.2 OTHER IMPLEMENTING ACTIONS In addition to the procedural steps given above, the following actions will assist in implementing the Specific Plan. • Adoption of Area of Benefit Ordinance • Analysis of Financing Techniques • Analysis of Feasibility of Marks-Roos Bond Pooling • Analysis of Feasibility of Citywide Builder Impact Fee System E. Amend the Summary, Section 3.10.3, Administration of the Specific Plan, to read as follows: 3.10.3 ADMINISTRATION OF THE SPECIFIC PLAN Responsibility for administering the Specific Plan will be a joint effort of the City of Dublin and developers in Eastern Dublin. The City will review and approve projects in the Planning Area. F. Amend Section 4.4.1, Location and Diversity, Action Program: Location and Diversity, to delete Program 4D, as follows, and renumber subsequent programs as appropriate: G. Amend Section 10.1, Introduction to read as follows: 10.1 INTRODUCTION The two primary purposes of this financing chapter are 1) to show how the major infrastructure costs of new eastern Dublin development will be financed and 2) to show that measures have been taken to ensure that new development will not drain existing City resources. H. Amend Section 10.4, Goals and Policies, to delete the Goal statement at the top of p. 209, as follows: I. Amend Policy 10-6 on p. 209 to read as follows: Policy 10-6: Require developers who proceed ahead of any applicable infrastructure phasing plans to pay the costs of extending the backbone infrastructure to their project subject to future reimbursement. J. Amend the 3 d full paragraph on p. 211 to read as follows: 3 The generally accepted standard is that total annual assessments (ad-valorem property taxes plus Mello-Roos or other assessments) should be less than two percent of property value. Since one percent is already accounted for in the ad-valorem property tax, the assessments should not exceed one percent. Note that in Table 10.4 all of the residential and commercial units would have annual assessments equal or below one percent. In short, this financing approach would spread the debt burden amongst the various land uses without placing any undue burden on any one land use. K. Amend the Action Program: Financing, on p. 211 to remove the first bullet, as follows: L. Amend the bulleted list in Section 11.1 on p. 219 to delete the last two bullets as follows: 11.1 SUMMARY: SPECIFIC PLAN IMPLEMENTATION PROGRAM The following shows the approximate sequence of the key implementing steps that should be followed by the City to effectively implement this Specific Plan. • Certify the Eastern Dublin Specific Plan Program Environmental Impact Report • Adopt findings as required by the California Environmental Quality Act (CEQA) • Amend the General Plan • Adopt the Specific Plan • Adopt prezoning for the Specific Plan area • Conclude property tax exchange agreement with the County • Annex currently unincorporated Specific Plan areas into the City and DSRSD service area • Prepare a Plan for Services • Adopt development review procedures for projects in the Specific Plan area • Adopt Subarea Planned Development Plans • Approve Master Grading, Utility and Drainage Plans • Review and approve individual Tentative Subdivision maps • Adopt Public Improvement Plans M. Amend Section 11.2.7, second paragraph, to read as follows: "Planned Development Plans shall be prepared in greater detail than the Specific Plan, in keeping with zoning ordinance requirements. The plan shall show the location and arrangement of all proposed uses, specify the circulation system, define parcels, refine the design standards, specify the infrastructure requirements, reflect the applicable mitigation measures of the Final EIR, include master neighborhood landscape plans, and note neighborhood park location. Planned Development plans shall also include a written statement which discusses affordable housing and any other such material or information required by the Eastern Dublin Specific Plan, the Dublin General Plan, and/or needed for the type of development proposed. Action programs within the Specific Plan provide specific requirements. N. Amend 11.2.10, Public Improvement Plans, to read as follows: 11.2.10 PUBLIC IMPROVEMENT PLANS The on-site and off-site public improvements necessary to serve the eastern Dublin planning area need to be specifically designed. The applicants should prepare for City review and approval Public Improvement Plans, consisting of detailed engineering designs and documents for all utilities necessary to develop the land uses identified in the Specific Plan. 4 O. Delete Section 11.2.13, Financing Plans, as follows, and renumber subsequent sections as appropriate: P. Amend Table 11.2, Responsibilities for Key Implementing Actions, to delete the last line referencing "Financing Plans", as follows: Table 11.2 RESPONSIBILITIES FOR KEY IMPLEMENTING ACTIONS Key Implementing Actions Responsibility for Document Preparation Adoption by EIR Certification City City CEQA Findings City City General Plan Amendments City City Specific Plan Adoption City City Prezoning City City Annexation City/DSRSD City Subarea Plans Developers City Tentative Map Developers City Site Development/Design Review City City Public Improvement Plans Developers City Final Subdivision Map Developers City Park Improvement Plans City City Q. Delete Section 11.3.1, Development Agreements, as follows and renumber subsequent sections, as appropriate: R. Amend Table 11-3, Responsibilities for Other Implementing Actions, as follows: 11.3.6 RESPONSIBILITIES FOR OTHER IMPLEMENTING ACTIONS Table 11-3 RESPONSIBILITIES FOR OTHER IMPLEMENTING ACTIONS Responsibility For Document Other Implementing Actions Preparation Adoption by Individual Development Agreement City City Area of Benefit Ordinance City City Special Assessment District or Mello-Roos CFD Developers City Landscaping and Lighting District Developers City Geological Hazards Abatement District Developers City Marks-Roos Bond Pooling City City Citywide Builder Impact Fee System Developers City S. Amend Section 11.4.1, Responsibilities for Administration of the Specific Plan, to read as follows: 11.4.1 RESPONSIBILITIES FOR ADMINISTRATION OF THE SPECIFIC PLAN Administration of the Eastern Dublin Specific Plan will be a joint effort of the City of Dublin and developers in Eastern Dublin. T. Amend Action Program: Location and Diversity, on p. A5-2 to delete Program 4D, as follows, and renumber subsequent programs as appropriate: U. Amend Appendix 5 to delete the second Goal statement on p. A5-33 as follows: 5 V. Amend Policy 10-6 on p. A5-34 to read as follows: Policy 10-6: Require developers who proceed ahead of any applicable infrastructure phasing plans to pay the costs of extending the backbone infrastructure to their project subject to future reimbursement. W. Amend Action Program: Financing, on p. A%-34 to remove the first bullet, as follows: X. Make necessary conforming amendments to the EDSP for consistency with the above amendments, including revisions to the table of contents, renumbering or relettering provisions, as appropriate. BE IT FURTHER RESOLVED that this resolution shall become effective thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this day of December, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 1976156.2 6