HomeMy WebLinkAbout05-12-2015 - Agenda PacketPlanning Commission
Regular Meeting
City of Dublin May 12, 2015
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 – February 10, 2015
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 Amendments to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific
Plan, and the Dublin Crossing Development Agreement (PLPA-2015-00016)
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 Depart ment.
(OVER FOR PROCEDURE SUMMARY)
((or DUB�i�
L� STAFF REPORT
i9 �-v,sz PLANNING COMMISSION
,kirov--)
DATE: May 12, 2015
TO: Planning Commission
SUBJECT: PUBLIC HEARING: PLPA-2015-00016 - Amendments to the General
Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan,
and the Dublin Crossing Development Agreement.
Report prepared by Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
The City Council has initiated a General Plan and Specific Plan Amendment study with the
intent of making changes to the approved Dublin Crossing project in order to facilitate the
acquisition of a 12-acre school site that can be used by both the City and the School District. In
order to effectuate these changes, the Planning Commission will consider amendments to the
General Plan and Dublin Crossing Specific Plan to: 1) Incorporate the 1.5 acre Chabot Creek
into the Community Park and increase the acreage devoted to Medium Density Residential by
1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High
Density Residential"; and 3) Allow use of the site designated "School" for both school and park
purposes. The project will also involve modifications to the Dublin Crossing Development
Agreement, a minor technical amendment to the Eastern Dublin Specific Plan boundary to be
consistent with the Dublin Crossing Specific Plan boundary, and consideration of a CEQA
Addendum.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing
and deliberate; and 5) Adopt the following Resolutions:
a) Recommending City Council adoption of a CEQA Addendum for Amendments to the
General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and Development
Agreement related to the Dublin Crossing Project;
b) Recommending that the City Council adopt a Resolution amending the General Plan, Dublin
Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing
Project;
c) Recommending that the City Council adopt an Ordinance approving Amendment No. 1 to the
Development Agreement between the City of Dublin and Dublin Crossing Venture LLC
related to the Dublin Crossing Project.
Submitted By: Reviewed By:
VIII
M .
-. i
Kristi Bascom Jeff er
Principal Planner Assistant Com •unity Development Director
COPY TO: File
ITEM NO.: 8.1
Page 1 of 6
G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtgIPCSR 5.12.15.docx
DESCRIPTION
Backqround
The Dublin Crossing project site includes approximately 189 acres of land that are divided
between the following property owners: 139 acres owned by the United States Army, 8.7 acres
owned by the Alameda County Surplus Property Authority, and approximately 41.9 acres owned
by Dublin Crossing Venture LLC. The project area is shown below.
Figure 1: Vicinity Map
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After several years of planning, analysis, and negotiations, on November 5, 2013, the City
Council approved the Dublin Crossing Specific Plan (DCSP) and associated implementation
actions. The Specific Plan outlined the future development of the project area, which includes
demolition of the existing buildings and other improvements on the site and construction of a
residential mixed-use project with up to 1,995 single- and multi-family residential units; up to
200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5
acre Neighborhood Park, and a 12 acre school site to serve approximately 900 students. The
Land Plan approved with the Specific Plan is included as Attachment 1
In addition to the DCSP, amendments were approved to the General Plan, the Dublin Zoning
Ordinance, and Zoning Map to implement the Specific Plan. The project approvals also
included the certification of the Dublin Crossing Final Environmental Impact Report (EIR). The
approval actions by the City Council were formalized in Resolutions 186-13 (EIR certification)
and 187-13 (Specific Plan approval and General Plan amendments) as well as Ordinances 07-
13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development Agreement
approval).
2 of 6
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The Dublin Crossing project includes a 12-acre school site that the Dublin Unified School District
(DUSD) intends to use for a future school that can accommodate up to 900 students. However,
funding for new school construction is extremely limited. Despite the best efforts of our State
legislative representative last year, a state ballot measure for school construction was not
placed on the November 2014 ballot, and no solutions have been proposed by Governor Brown
to bridge the construction funding gap that exists between the resources local districts have to
build new facilities and the actual costs to build new schools. The lack of funding support from
the State means that local school districts, like DUSD, need to find alternative solutions to the
now-broken State model that has funded school construction over the years.
Realizing the predicament faced by DUSD, City Staff has been working closely with the
Superintendent's office on potential options and ways for the City to assist in bridging the gap
between land acquisition costs, the current development impact fee structure set by the State,
and the need to provide adequate facilities for existing students and to accommodate future
student populations.
Due to the nature of the land exchange agreement between the developer, Dublin Crossing
Venture LLC (SunCal), and the Department of the Army, it is anticipated that the multi-phased
Dublin Crossing project will take 8-12 years to construct. According to the project Phasing Plan
and as identified by SunCal, the 12 acre school site is in Phase 3 of the project and should
become available in 2017.
Unfortunately, based on the Governor's stated position that school construction bond funding
will not be authorized by the State, it is unlikely that DUSD will have the ability to acquire the
Dublin Crossing school site in the timeframe to meet the needs of the District, especially given a
current land value of approximately $36 million.
In 2014, City Staff approached SunCal to discuss options for the City to obtain the 12-acre
school site in an effort to assist DUSD. After much discussion and negotiation, SunCal and City
Staff reached agreement on tentative deal terms that would allow the transfer of the future
school site to the City at no cost in exchange for modifications to the entitlements for the Dublin
Crossing project.
ANALYSIS
The proposed changes to the Dublin Crossing Specific Plan and Development Agreement will
result in the delivery of the 12 acre school site to the City without increasing the current
maximum number of housing units (up to 1,995) allowed in the project or the maximum amount
of commercial square footage allowed to be built (up to 200,000 square feet). Additionally, the
same amount of parkland will be provided, although the Neighborhood Park will now be a facility
that is jointly used by both the community and the School District while the Community Park
remains at 30 acres.
The following is a description of the land use changes and modifications to the Development
Agreement:
General Plan and Specific Plan Amendments
Under the proposal agreed to by City Staff and SunCal, the Dublin Crossing Specific Plan would
be amended to include several land use changes that will financially benefit the Developer and
allow them to transfer the school site to the City at no cost, including:
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• Modifying the designation of the 12 acre School site to allow both school and park uses.
This will allow the playground(s), recreational field(s), and other amenities to be used by
both the school community as well as the residential neighborhood.
• Incorporating the 1.5 acre Chabot Creek into the Community Park and increase the
acreage devoted to Medium Density Residential by 1.5 acres. Although this will allow the
Developer more flexibility in where the residential development takes place, the Specific
Plan limit of 1,995 residential units will not be exceeded; and
• Redesignating the 13 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard
to "General Commercial/DC Medium-High Density Residential", thereby removing the
requirement for both the 5 acre Neighborhood Park site and a minimum of 75,000 square
feet of commercial development on this parcel within the site. Attachment 1 illustrates
the revised Conceptual Land Use Plan
Minor amendments to the General Plan, as outlined in Exhibit A to Attachment 2, are also
needed to ensure consistency with the amended Dublin Crossing Specific Plan.
Eastern Dublin Specific Plan Amendments
A cleanup item to the Eastern Dublin Specific Plan figures is included, which will ensure that
there is consistency on all figures in all documents between the boundaries of the Dublin
Crossing Specific Plan area and the Eastern Dublin Specific Plan area. The figures being
modified are Figure 4.1 (Land Use Plan), Figure 4.2 (Planning Subareas), and Figure 5-3b
(Circulation System)
A Resolution recommending that the City Council adopt these amendments is included as
Attachment 2, with the amendments to the General Plan, Eastern Dublin Specific Plan, and
Dublin Crossing Specific Plan included in Exhibit A to Attachment 2 to the Staff Report.
Amendment No. 1 to the Dublin Crossinq Development Aqreement
Under the proposal agreed to by City Staff and SunCal, the Development Agreement would be
amended to:
• Remove the requirement to provide construction funding for a 5 acre Neighborhood Park
($2.143 million);
• Remove requirement for the final Community Benefit Payment ($1.2 million); and
• Include language related to the no-cost transfer of the school site from the Developer to
the City.
A Resolution recommending that the City Council adopt an Ordinance approving the
amendments is included as Attachment 3 with the City Council Ordinance included as Exhibit A
to Attachment 3. Amendment No. 1 to the Dublin Crossing Development Agreement is included
in Exhibit A-1 to Attachment 3 to this Staff Report.
A City-sponsored request to initiate a General Plan and Dublin Crossing Specific Plan
amendment to affect the changes notes above was unanimously supported by the City Council
on March 17, 2015. City Council Resolution 36-15 is included as Attachment 4 to this Staff
report.
ENVIRONMENTAL REVIEW
The City prepared an Initial Study, dated April 21, 2015, to determine whether the standards for
subsequent or supplemental environmental review under CEQA are met, including whether
there could be significant environmental impacts occurring as a result of this project that are
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new or substantially more severe than those already addressed in the Dublin Crossing
Environmental Impact Report, which was certified by the City Council on November 5, 2013 (via
Resolution 186-13). The Initial Study concluded that the proposed project would not have a new
or substantially more severe significant effect on the environment than addressed in the certified
Dublin Crossing EIR, no significant information has arisen since the certification of the EIR, and
no other standards under CEQA that would require further environmental review have been met.
Therefore, an Addendum to the EIR was prepared documenting these facts, and is included as
Exhibit A-1 to Attachment 5 to this Staff Report. A Resolution recommending that the City
Council adopt a CEQA Addendum for the Amendments to the General Plan, Dublin Crossing
Specific Plan, Development Agreement Amendment and Eastern Dublin Specific Plan related to
the Dublin Crossing Project is included as Attachment 5 with the City Council Resolution
attached as Exhibit A to Attachment 5 and a Statement of Overriding Considerations included as
Exhibit A-2 to Attachment 5.
NOTICING REQUIREMENTS/PUBLIC OUTREACH
A notice of this public hearing was published in the Valley Times, mailed to all property owners
and tenants within 300 feet of the Specific Plan project area boundaries, and all persons who
have expressed an interest in being notified of actions related to this project were notified via
email.
The Staff Report for this public hearing was also available on the City's website.
ATTACHMENTS: 1) Dublin Crossing Conceptual Land Use Plan
2) Resolution Recommending that the City Council adopt a Resolution
amending the General Plan, Dublin Crossing Specific Plan, and
Eastern Dublin Specific Plan related to the Dublin Crossing Project,
with the City Council Resolution included as Exhibit A and
modifications to the Dublin Crossing Specific Plan included as
Exhibit A-1
3) Resolution Recommending that the City Council adopt an Ordinance
approving Amendment No. 1 to the Development Agreement
between the City of Dublin and Dublin Crossing Venture LLC related
to the Dublin Crossing Project, with the City Council Ordinance
included as Exhibit A and Amendment No. 1 to the Development
Agreement included as Exhibit A-1.
4) City Council Resolution 36-15.
5) Resolution Recommending City Council adoption of a CEQA
Addendum for Amendments to the General Plan, Dublin Crossing
Specific Plan, Eastern Dublin Specific Plan, and Development
Agreement related to the Dublin Crossing Project, with the City
Council Resolution included as Exhibit A, the Initial Study and
Addendum included as Exhibit A-1, and the Statement of Overriding
Considerations included as Exhibit A-2.
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GENERAL INFORMATION:
APPLICANT: City of Dublin
PROPERTY OWNERS: United States Army (139 acres), Alameda County
Surplus Property Authority (8.7 acres), and Dublin
Crossing Venture LLC (41.9 acres)
LOCATION: Approximately 189 acres north of Interstate 580 and
Dublin Boulevard. The Project site is bound by 5tn
Street to the north, Scarlett Drive to the west, Dublin
Boulevard to the south, and Arnold Road to the
east.
APNs 986-0001-001-15 (partial),
986-0034-002-00, and
986-0034-006-00
ZONING: Dublin Crossing Zoning District
GENERAL PLAN: Dublin Crossing Specific Plan
SURROUNDING USES:
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF
PROPERTY
North Ag Public Lands Camp Parks
South PD High Density Residential and Residential Apartments
Campus Office (Transit Center)
East PD Campus Office Business Park
PD and Medium-High Density Residential Combination of uses including
West Light and Retail/Office, apartments, service
Industrial Business Park/Industrial and commercial, and retail uses
Outdoor Stora e
6of6
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���� ��� ATTACHMENT 1
RESOLUTION NO. 15-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE
GENERAL PLAN, DUBLIN CROSSING SPECIFIC PLAN, AND EASTERN DUBLIN SPECIFIC
PLAN RELATED TO THE DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately
189 acres in size and is generally bound by 5t" Street to the north, Scarlett Drive to the
west, Dublin Boulevard to the south, and Arnold Road to the east; and
WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and
WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin
Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the
Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres;
2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density
Residential"; 3) Allow use of the site designated "School" for both school and park purposes;
and
WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also
included amendments to the Dublin Crossing Project Development Agreement and minor
amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures
between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin
Specific Plan area; 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, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21,
2015, incorporated herein by reference, was prepared, which describes the proposed
amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin
Specific Plan and its relation to the analysis in the Dublin Crossing EIR; and
WHEREAS, a Staff Report, dated May 12, 2015 and incorporated herein by reference,
described and analyzed the Project, including the amendments to the General Plan, Dublin
Crossing Specific Plan, and Eastern Dublin Specific Plan, and CEQA Addendum related to the
Project, for the Planning Commission; and
ATTACHMENT 2
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Project on May 12, 2015, at which time all interested parties had the opportunity to be heard;
and
WHEREAS, on May 12, 2015, the Planning Commission adopted Resolution xx-xx
Recommending City Council adoption of a CEQA Addendum for Amendments to the General
Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin
Crossing Project, which Resolution is incorporated herein by reference and available for review
at City Hall during normal business hours; and
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council approve the Resolution attached as Exhibit A approving amendments to the General
Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan based on findings, as set
forth in Exhibit A, that the amendments are in the public interest, promotes general health,
safety and welfare, and that the General Plan as so amended will remain internally consistent.
PASSED, APPROVED, AND ADOPTED this 12t" day of May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 2-PC Reso SP and GPA.docx
2
RESOLUTION NO. �cx-15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE GENERAL PLAN, DUBLIN CROSSING SPECIFIC PLAN, AND EASTERN
DUBLIN SPECIFIC PLAN RELATED TO THE DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately
189 acres in size and is generally bound by 5th Street to the north, Scarlett Drive to the
west, Dublin Boulevard to the south, and Arnold Road to the east; and
WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and
WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin
Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the
Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres;
2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density
Residential"; 3) Allow use of the site designated "School" for both school and park purposes;
and
WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also
included amendments to the Dublin Crossing Project Development Agreement and minor
amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures
befinreen the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin
Specific Plan area; 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, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21,
2015, incorporated herein by reference, was prepared, which describes the proposed
amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin
Specific Plan and its relation to the analysis in the Dublin Crossing EIR; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Project on May 12, 2015, at which time all interested parties had the opportunity to be heard;
and
� EXHIBIT A TO
ATTACHMENT�
WHEREAS, on May 12, 2015, the Planning Commission adopted Resolution XX-XX
Recommending City Council adoption of a CEQA Addendum for Amendments to the General
Plan, Dublin Cros�ing Specific Plan, and Eastern Dublin Specific Plan related to the Dublin
Crossing Project, v�✓hich Resolution is incorporated herein by reference and available for review
at City Hall during normal business hours; and
WHEREAS, on May 12, 2015, the Planning Commission adopted Resolution XX-XX
Recommending th�t the City Council adopt a Resolution amending the General PJan, Dublin
Crossing Specific F'lan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project,
which. resolution is incorporated herein by reference and available for review at City Hall during
normal business hc�urs; and
WHEREAS, a Staff Report, dated and incorporated herein by reference,
described and analyzed the Project, including the amendments to the General Plan, Dublin
Crossing Specific f'lan, and Eastern Dublin Specific Plan, and CEQA Addendum related to the
Dublin Crossing Project, for the City Council; and
WHEREAS, the City Council held a properly noticed public hearing on the Project,
including the pro�osed General Plan, Dublin Crossing Specific Plan, and Eastern Dublin
Specific Plan amendments, and CEQA Addendum on , 2015, at which time all interested
parties had the opportunity to be heard; and
WHEREAS, on , 2015, the City Council adopted Resolution �oc-�oc adopting .
a CEQA Addendum for Amendments to the General Plan, Dublin Crossing Specific Plan, and
Eastern Dublin Specific Plan related to the Dublin Crossing Project and adopting a Statement of
Overriding Consid�rations for the Project; and
WHEREAS, the City Council considered the CEQA Addendum and all above-referenced
reports, recommendations, and testimony to evaluate the Project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part oi�this resolution.
BE IT FURTHER RESOLVED that the City Council finds that the General Plan
amendments, as set forth below, are in the public interest, will promote general health, safety
and welfare, and that the General Plan as amended will remain internally consistent. The
development envisioned by the Dublin Crossing Specific Plan, as amended, will continue to be
consistent with the guiding and implementing policies of the General Plan in each of the
Elements and will allow for development of mixed-use, commercial, residential, and public
facility (parks, school) uses in a key infill development area that is within the service boundaries
for utilities, the circ:ulation network, and will provide new connections through the community in
an area where the� are currently limited. The development of the Dublin Crossing Specific Plan,
as amended, will �ontinue to aid in implementing the goals and policies of the General Plan
Land Use Element, Housing Element, Public Lands and Utilities Element, Circulation and Scenic
Highways Elemer�t, Community Design and Sustainability Element, and the Economic
Development Element. The General Plan amendments noted below will ensure that the
implementation of the Dublin Crossing Specific Plan, as amended, is in compliance with the
General Plan and t.hat each Element within the General Plan is internally consistent.
2
BE IT FURTHER RESOLVED that the City Councii hereby adopts the following
amendments to the General Plan: '
Table 2.4 shall be amended to read:
Table 2.4 Land Use Development Potential: Dublin Crossing Planning Area
�r � • - � -
• � - � • /' �- '� • �-
� ' ` � ` � 43.4 6.0-14.0 units/net acre
- .- �. r r-
n/a
� � � 46.5 14.1-25 units/net acre
�- - - e �� i.
- - - _ �� Up to 1,995 dwelling
a o- ' - .- � � 9 � 14.1-25 units/net acre units 5
r-
0.25 to 1.0 FAR
75,000 to 200,000
- _ o - _ � 23� 20.1-60 units/net acre gross square feet
�- -� .- � • �� 0.25 to 1.0 FAR
.. � 12
!� � � 30 n/a n/a : n/a
o,- ._ - • ' � 1.1 n/a Na n/a
... , - . . - n/a
-
23.8 n/a n/a
. . • . - 18 9
Notes:
(1) Net acreage is defined as the gross acreage less backbone street,public street,and right-of-way area.
(2) Can have commercial only,mixed-use,or residential-only uses. FAR applies only to commercial uses.
(3) The school site may be developed at the Dublin Crossing Medium Density Residential(DC-MDR)use and density if the site is not utilized
for school or park purposes and ff the Specific Plan maximum of 1,995 residential units is not exceeded.
(4) Park acreage is net usable acres measured from back of sidewalk and includes Chabot Creek.
Implementing Policy 8.1 of Section 2.7.7 Dublin Crossing Planning Area shall be amended to
read as follows:
Concentrate commercial uses near the intersection of Dublin Boulevard and Arnold Road.
lmplementing Policy 8.4 of Section 3.2.3 Dublin Crossing P/anning Area shall be amended to
read as follows:
The alignment of Chabot Creek shall be allowed within the boundaries of Central Park and
shall be counted within the 30 net-acre calculation of usable park land in accordance with the
Project Development Agreement. While it is within the park boundaries, Chabot Creek shall
be owned and maintained by a separate entity that is acceptable to the City.
BE IT FURTHER RESOLVED that the City Council hereby adopts amendments to
Chapters the Dublin Crossing Specific Plan:
Throughout the document references fo the "Bikeways Master Plan"have been changed to
"Bicycle and Pedestrian Master Plan."
The second paragraph of Chapter 1, Introduction, shall be amended to read:
3
The Specific Plan address the development of the proposed Dublin Crossing Project (the
Project) which is comprised of residential units, commercial uses, parks and open space,
and an elemeritary school. Specifically, the Project includes a maximum of up to 1,995
residential unif:s, up to 200,000 square feet (sf.) of commercial uses, a 30 net-acre
Community Park, Neighborhood Park land, and an elementary school site.
Chapter 2, Land Use and Development Standards, shall amended from the beginning of the
Chapter through Section 2.6.4, Development Standards for General Commercial/DC High
Density Residential (GC/DC HDR) Land Use District (inclusive), and is included as Exhibit A-1
to this Resolution.
Section 2.7 of Chapter 2 shall be amended to read as follows:
Permitted Uses
Table 2-12: PErmitted Uses identifies the statutory permitting/approval requirements for
each land use in the Specific Plan area. Where a land use is not identified or this Specific
Plan is otherwise silent, provisions identified in the City of Dublin Zoning Ordinance and shall
apply. Where there is uncertainty, the Community Development Director has the discretion to
make a determination on the suitability of the proposed use.
There are som� use types (e.g. Daycare Centers, Community Facilities) that are permitted in
all traditional residential and commercial zoning districts throughout the City. Although not
specifically list�d, these use types are also permitted through the same permit approval
process in all r�sidential and commercial land use districts in this Specific Plan. In addition,
those uses that: require a Minor Use Permit in traditional residential and commercial zoning
districts throughout the City are also permitted through the same permit approval process in
all residential and commercial land use districts in this Specific Plan.
Narrative descr�iptions of the respective permitted use categories are described below.
In the Park (P) land use district, allowed uses include those that are included in the Park
Master Plan for the park site.
In the School (5) land use district, allowed uses include those that are typically associated
with a public elementary school and public park, including classrooms, a multi-purpose room,
administrative offices, and parking. Allowed uses also include multi-use sports field(s) and
playground(s) that could be jointly used by the school and the City for Neighborhood Park
purposes.
Table 2.12 shall be amended to read as follows:
Table 2-12: Permitted Uses
. - - .
. . .
-. �- . � .
�• . �-
-- .- . � �� �- -- .- .
-- .- . � �- -- .- . �
�- � �-
. . - �-
- - � Prohibited _ Prohibited Allowed Allowed
• - Prohibited Prohibited Allowed Allowed
� � � �•• � Prohibited Prohibited Allowed Allowed
- - , Prohibited Prohibited: Allowed Allowed
4
• - Prohibited Prohibited Allowed Allowed
... . Prohibited Prohibited CUP/PC' CUP/PC�
- . Prohibited Allowed AllowedZ AllowedZ
-. - Prohibited Prohibited Allowed - Allowed
- .- Allowed Allowed Allowed Allowed
� - - Prohibited Prohibited Prohibited Prohibited
..
r - . • - . Prohibited Prohibited Prohibited Prohibited
� - -
II CUP/PC� CUP/PC� CUP/PC' CUP/PC'
� .
. .� - TUP' TUP' TUP' TUP'
The first bullet under the "Convenience Stores"heading of Section 3.4.3, Special Uses and
Conditions, of Chapter 3, Design Guidelines shall be amended to read as follows:
Convenience Stores
. Shall be located along major streets for easy vehicular access and to minimize impacts
to residential uses within the Specific Plan area.
Section 3.8.2, School, of Chapter 3, Design Guidelines shall be amended to read as follows:
School
The elementary school will serve as a landmark for the Specific Plan area and will express
the overall importance of education and recreational spaces to the Dublin community.
School designs are regulated by the State of California and Dublin Unified School District.
Such requirements shall take precedent over the requirements of this Specific Plan and the
design regulation and guidelines contained herein. However, it is encouraged that the
school be designed in a manner that is compatible with the surrounding uses, access is
provided from two public streets with careful consideration on circulation patterns for pick-up
and drop-off, and opportunities for the City and School District to jointly design and utilize
play/sports fields and playground areas are provided. The overall design of the school and
associated facilities should be distinct and create a campus feel with similar architectural
features, materials, and colors.
The third paragraph of Section 4.4.2, East Gateway Plaza, of Chapter 4, Circulation and
Streetscape Design, shall be amended to read as follows:
If the property at the corner of Arnold Road and Dublin Boulevard is developed with
commercial uses, a second plaza should be incorporated between the retail buildings. This
plaza could feature a smaller water element and tables with chairs with the possibly of
outdoor eating areas for restaurants. Accent planting in pots and planters should be located
throughout the plaza to provide color. The East Gateway Plaza will be constructed
concurrent with the commercial development.
The second paragraph of Section 5.6.3, Schools, of Chapter 5, Infrastructure and Public
Services, shall be amended to read as follows:
5
This Specific Plan includes an elementary school site. The proposed school site has been �
designed to include a residential overlay and would revert to the Dublin Crossing Medium
Density Residential (DC-MDR) land use district should neither a school nor a park be
constructed on the site. If this site is not developed with an elementary school, the Specific
Plan area is currently located within the service boundary of Frederiksen Elementary, Wells
Middle, and Du�lin High Schools.
The second parag�aph of Chapter 6, Public Realm, shall be amended to read as follows:
Parks and operi spaces are connected through nefinrorks of roads and multi-use
(bicycle/pedestrian) pathways, providing a range of active and passive recreation
opportunities at both community and neighborhood scales. The park and open space
system meets t�e stated land use objectives of providing a 30 net-acre Community Park
suitable for social, cultural and recreational events and a joint-use Neighborhood Park.
The following polic,ies in Chapter 6, Public Rea/m, shall be amended to read as follows:
PR Policv 6.4 — Provide 30 net usable acres of Community Park land ("Central Park") and
Neighborhood �'ark land in the Specific Plan area in addition to any open space needed for
habitat, the rea{ignment of the Iron Horse Regional Trail, or provided for private recreational
amenities and facilities.
PR Policy 6.8 — The drainage channel (now referred to as Chabot Creek) shall be allowed
within Central F'ark and is included within the 30 net-acre calculation of usable park land.
Chabot Creek �hall not be a part of the public-owned park land, but shall be owned and
maintained by �� separate entity that is acceptable to the City.
Section 6.4, Chabnt Creek Habitat Corridor, of Chapter 6, Public Rea/m, shall be amended to
read as follows:
Chabot Creek is classified as a drainage channel and riparian habitat corridor, and is
required by State and Federal regulatory permitting agencies to be preserved in its current
location to provide wildlife habitat. Chabot Creek will be owned and maintained by a
separate entity (likely a private association or other public agency such as Zone 7). The
feature is physi�ally and visually within Central Park, however the creek itself is not owned or
maintained by the City. However, future trails and recreational amenities at the top of the
creek bank (and outside any areas restricted for use by resource agencies) are within the
public park boundary.
Chabot Creek runs northeast to southwest through the park providing an excellent
opportunity at the top of the creek bank for passive recreation and education including the
potential for multi-use trails with staggered observation points integrated into a re-created
natural riparian environment.
Section 6.4.9, Chabot Creek Habitat Corridor.� Central Park Section, of Chapter 6, Public Realm,
shall be amended�o read as follows:
This section of�Chabot Creek runs through Central Park, where the habitat corridor provides
a passive-nature themed and educational amenity within the envelope of Central Park. The
corridor presenres an existing drainage channel and conveys stormwater flows through the
6
site. Native riparian planting on the banks could provide suitable habitat for birds, insects-
and small animals. A walking path with occasional overlooks and educational signage could
create opportunities for bird watching and nature appreciation. Vehicular access is restricted
to authorized vehicles only. Signage indicating this restriction will be posted fencing will be
located as necessary to ensure pedestrian access only.
The exhibit below illustrates the Chabot Creek (A), a pedestrian bridge (B), and riparian
planting (C). Enhancements to Chabot Creek shall be completed by the Developer and shall
not be a part of the City's construction of Central Park.
Section 6.4.2, Chabot Creek Habitat Corridor.� G Street Section, of Chapter 6, Public Realm,
shall be amended to read as follows:
This section of Chabot Creek north of"G" Street and extending to the north edge of the
� project site will be designed as a passive open space with the creek corridor. This segment
has a more shallow profile and will also feature native riparian and other ecologically suitable
planting that will attract nesting birds, insects and other small wildlife. This section will not be
within Central Park and will be owned and maintained by separate entity (likely a private
association or other public agency such as Zone 7).
The development of this habitat corridor and open space area is the responsibility of the
Developer.
Section 6.5, Neighborhood Park, of Chapter 6, Public Realm, shall be amended to read as
follows:
A Neighborhood Park will be located within the Specific Plan area, which will be designed in
concert with the surrounding development. The actual park design process will be closely
coordinated with the Dublin Unified School District as they move forward with planning the
design of the school site. The playground(s), recreational field(s), and other amenities are
intended to be jointly-used by both the school community and the surrounding neighborhood.
Section 7.3.7, School Site Acquisition, of Chapter 7, Administration, Implementation, and
Financing, shall be amended to read as follows:
The Dublin Crossing Development Agreement between the City and the Developer stipulates
the conditions of acquiring the school site. As a condition of approval of the Large Lot
Tentative Map, the developer shall be responsible for dedicating right-of-way and
constructing all needed utility and road infrastructure to serve the school site prior to the
completion of the school construction or as determined by the City.
Financing
The acquisition costs of the school site are as stipulated in the Project Development
Agreement and the construction costs of the school facilities shall be the responsibility of
DUSD. Development of the Project shall be subject to the applicable school mitigation fees
imposed under state law.
The first sub-sections in Section 7.3.8, Parks, of Chapter 7, Administration, Implementation, and
Financing, shall be amended to read as follows:
7
Responsibility
The land for 30 net-acres of Community Park land shall be offered to the City for dedication
in accordance with the Project Development Agreement. Once this offer is accepted,
maintenance of the parks will be the responsibility of the City.
Park Improvements and Dedication
The City shall c��nstruct 30 net-acres of public park facilities in accordance with the Project
Development A�reement.
With respect to the other open space, landscape, and similar facilities described in the
Specific Plan (e.g., landscaped areas, private recreational amenities, in-tract pedestrian and
bikeway systems, in-tract landscaping, detention basins), these facilities shall be constructed
by the DevelopE;r.
BE IT FURTHER RESOLVED that the City Council hereby adopts the following
amendments to the� Eastern Dublin Specific Plan:
The following figurE�s shall be amended so they no longer include two parcels that have been
included in the Dublin Crossing Specific Plan (APNs 986-0034-002-00, and 986-0034-006-00):
Figure 4.1, Land Use Map
Figure 4.2, Plar�ning Subareas
Figure 5-3b, Circulation System
PASSED, APPROVED, AND ADOPTED this day of , 2015 by the following
vote: ,
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:1PA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtf 2-ExhibitA-CC Reso SP and GPA.docx
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RESOLUTION NO. 15-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE
DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately
189 acres in size and is generally bound by 5t" Street to the north, Scarlett Drive to the
west, Dublin Boulevard to the south, and Arnold Road to the east; and
WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students;
and
WHEREAS, on March 17, 2015, the City Council directed Staff to prepare Amendment
No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture
LLC related to the Dublin Crossing Project that would accompany proposed amendments to the
General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21,
2015, incorporated herein by reference, was prepared, which describes the proposed
amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin
Specific Plan, the Amendment No. 1 to the Dublin Crossing Development Agreement and its
relation to the analysis in the Dublin Crossing EIR; and
WHEREAS, the proposed Development Agreement is attached to this Resolution as
Exhibit A-1; and
WHEREAS, on May 12, 2015, the Planning Commission held a public hearing on the
proposed Development Agreement; and
WHEREAS, proper notice of the public hearing was given in all respects as required by
law; and
ATTACHMENT 3
WHEREAS, the Staff Report was submitted recommending that the Planning
Commission recommend that the City Council adopt an Ordinance approving Amendment No. 1
to the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby recommend that the City Council make the following findings and determinations
regarding Amendment No. 1 to the Development Agreement:
1. Amendment No. 1 to the Development Agreement is consistent with the
objectives, policies, general land uses and programs specified and contained in the City's
General Plan and in the Dublin Crossing Specific Plan, as amended, in that: (a) Amendment
No. 1 to the Development Agreement incorporates the objectives policies, general land uses
and programs in the General Plan and Specific Plan and does not amend or modify them; and
(b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with
respect to the provision of infrastructure and public services.
2. Amendment No. 1 to the Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the land use districts in which the real property
is located because Amendment No. 1 to the Development Agreement does not amend the uses
or regulations in the applicable land use district.
3. Amendment No. 1 to the Development Agreement is in conformity with public
convenience, general welfare, and good land use policies in that the Developer's project will
implement land use guidelines set forth in the Dublin Crossing Specific Plan and the General
Plan, as amended.
4. Amendment No. 1 to the Development Agreement will not be detrimental to the
health, safety, and general welfare in that the Developer's proposed project will proceed in
accordance with all the programs and policies of the General Plan, Dublin Crossing Specific
Plan, as amended, and future Project Approvals and any Conditions of Approval.
5. Amendment No. 1 to the Development Agreement will not adversely affect the
orderly development of property or the preservation of property values in that the project will be
consistent with the General Plan, the Dublin Crossing Specific Plan, as amended, and future
Project Approvals.
6. Amendment No. 1 to the Development Agreement does not change the duration of
the agreement, the permitted uses of the property, the density or intensity of use, the maximum
height and size of proposed buildings, and provisions for reservation or dedication of land for
public purposes. The original Development Agreement continues to contain an indemnity and
insurance clause requiring the developer to indemnify and hold the City harmless against claims
arising out of the development process, including all legal fees and costs.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning
Commission does hereby recommend that the City Council adopt the Ordinance, attached as
Page 2 of 3
Exhibit A-1, approving Amendment No. 1 to the Development Agreement between the City of
Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project.
PASSED, APPROVED AND ADOPTED this 12th day of May 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 3-PC Reso DA.docx
Page 3 of 3
ORDINANCE NO. xx-15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * � * * * * * * * � * * * * * � � * * * * *
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE
DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. On November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students;
and
B. On March 17, 2015, the City Council directed Staff to prepare Amendment No. 1 to
the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC
related to the Dublin Crossing Project that would accompany proposed amendments to the
General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and
C. Pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015,
incorporated herein by reference, was prepared, which describes the proposed amendments to
the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan, the
Amendment No. 1 to the Dublin Crossing Development Agreement and its relation to the
analysis in the Dublin Crossing EIR; and
D. Amendment No. 1 to the Development Agreement will vest the Project Approvals.
E. The Planning Commission held a public hearing on Amendment No. 1 to the
Development Agreement on May 12, 2015, for which public notice was given by law; and
F. The Planning Commission made its recommendation to the City Council for
approval of Amendment No. 1 to the Development Agreement by Resolution.
G. A public hearing on the proposed Development Agreement was held before the
City Council on , 2015 for which public notice was given as provided by law.
�xN f1 i o
AT'I'ACIII7P;NT 3
H. The City Council has considered the recommendation of the Planning
Commission, including the Pianning 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, as amended; (c) the Dublin Crossing Specific Plan, as
amended, (d) the CEQA Addendum for proposed Dublin Crossing Project Amendments; (e) the
Staff Report; (fl information in the entire record of proceeding for the Project, and on the basis of
the specific conclusions set forth below, the City Council finds and determines that:
1. Amendment No. 1 to the Development Agreement is consistent with the
objectives, policies, general land uses and programs specified and contained in the City's
General Plan and in the Dublin Crossing Specific Plan, as amended, in that: (a) Amendment
No. 1 to the Development Agreement incorporates the objectives policies, general land uses
and programs in the General Plan and Specific Plan and does not amend or modify them; and
(b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with
respect to the provision of infrastructure and public services.
2. Amendment No. 1 to the Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the land use districts in which the real property
is located because Amendment No. 1 to the Development Agreement does not amend the uses
or regulations in the applicable land use district.
3. Amendment No. 1 to the Development Agreement is in conformity with public
convenience, general welfare, and good land use policies in that the Developer's project will
implement land use guidelines set forth in Resolution No. XX-XX, amending the General Plan,
Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan, adopted by the City
Council on , 2015.
4. Amendment No. 1 to the Development Agreement will not be detrimental to the
health, safety, and general welfare in that the Developer's proposed project will proceed in
accordance with all the programs and policies of the General Plan, Dublin Crossing Specific
Plan, as amended, and future Project Approvals and any Conditions of Approval.
5. Amendment No. 1 to the Development Agreement will not adversely affect the
orderly development of property or the preservation of property values in that the project will be
consistent with the General Plan, the Dublin Crossing Specific Plan, as amended, and future
Project Approvals.
6. Amendment No. 1 to the Development Agreement does not change the duration of
the agreement, the permitted uses of the property, the density or intensity of use, the maximum
height and size of proposed buildings, and provisions for reservation or dedication of land for
public purposes. The original Development Agreement continues to contain an indemnity and
insurance clause requiring the developer to indemnify and hold the City harmless against claims
arising out of the development process, including all legal fees and costs.
2
Section 3. APPROVAL
The City Council hereby approves Amendment No. 1 to the Development Agreement
(Exhibit A-1 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
, 2015 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
3
RECORDING REQUESTED BY: -
CITY OF DUBLIN
When Recorded Maii 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
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DUBLIN CROSSING VENTURE LLC
RELATING TO THE
DUBLIN CROSSING PROJECT
EXHIBIT A-1 TO
ATTACHMENT 3
THIS AMENDMENT ("Amendment") is made and entered in the City of
Dublin on this _ day of , 2015, by and between the City of Dublin, a
Municipal Corporation (hereafter "City"), DUBLIN CROSSING VENTURE, LLC, a
Delaware limited liability company (hereafter "Developer"), pursuant to the
authority of §§ 65864 et seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.56. City and Developer are from time-to-time
individually referred to in this Amendment as a "Party" and are collectively
referred to as "Parties".
RECITALS
1. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Development Agreement Statutes")
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
establish certain development rights in such property.
2. Pursuant to that authority, City and Developer entered into that
certain "Development Agreement Between the City of Dublin and Dublin
Crossing Venture LLC," dated November 19, 2013 and recorded in the Official
Records of Alameda County ("Official Records") on June 4, 2014 as document
number 2014134795 (the "Agreement"). Amendments to the Agreement are
permitted by the mutual consent of the Parties in accordance with Article 13.2 of
the Agreement and by the Development Agreement Statutes.
3. The Developer's original entitlements (described as the "Existing
Project Approvals" in the Agreement) allowed for the construction of up to 1,995
single- and multi-family residential units; up to 200,000 square feet of retail,
office, and/or commercial uses; a 30 acre Community Park; a 5-acre
Neighborhood Park, and a 12 acre elementary school site.
4. The Dublin Unified School District has stated it is unlikely that it will
have the ability to acquire the 12-acre elementary school site in the near term,
given the current land value of approximately $36,000,000.
5. Developer and City reached a tentative agreement that would allow
the transfer of the future school site to the City at no cost in exchange for
modification to the entitlements for the Dublin Crossing Project. These
modifications (which were processed in conjunction with this Amendment)
required amendments to the Dublin Crossing Specific Plan and to the Dublin
Crossing Project Development Agreement (the "Subsequent Project
Approvals"), but did not increase the current maximum number of housing units
allowed in the Project.
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project �
6. Parties now wish to amend the terms of the Agreement to reflect
the changes to the entitlements, to remove the requirement to provide
construction funding for a 5-acre Neighborhood Park (which Neighborhood Park
the entitlements eliminate), to reduce the total Community Benefit Payment by
$1,200,000, and to include language related to the no-cost transfer of the school
site, among other complementary and/or conforming amendments.
7. On May 12, 2015 the Planning Commission held a public hearing
with respect to this Amendment and the Project Approvals described below and
adopted Resolution No. 15- recommending that the City Council approve
Amendment No. 1 to the Development Agreement.
8. On , 2015 the City Council held a public hearing with respect
to the following approvals and approved the following: an amendment to the
Dublin Crossing Specific Plan, (Resolution No. ) and the DA
Amendment Approving Ordinance (defined below) (the "Project Approvals").
9. City undertook, pursuant to the California Environmental Quality Act
(Public Resources Code Section 21000 et seq., hereinafter "CEQA"), the
required analysis of the environmental effects that would be caused by the
Existing Project Approvals and determined those feasible mitigation measures
which will eliminate, or reduce to an acceptable level, the adverse environmental
impacts of the Existing Project Approvals. The environmental effects of the
proposed development of the Property were analyzed by the Final Environmental
Impact Report (the "FEIR") certified by City on November 5, 2013. In conjunction
therewith, City also adopted a mitigation monitoring and reporting program (the
"MMRP") to ensure that those mitigation measures incorporated as part of, or
imposed on, the Project are enforced and completed. Those mitigation
measures for which Developer is responsible are incorporated into, and required
by, the Project Approvals.
10. In conjunction with its review of the Subsequent Project Approvals,
the City prepared an addendum to the FEIR that concluded that none of the
conditions described in CEQA Guidelines section 15162 calling for the
preparation of a subsequent EIR have occurred.
11. On , 2015, the City Council of the City of Dublin
adopted Ordinance No. approving this Amendment No. 1 to the
Development Agreement ("DA Amendment Approving Ordinance"). The
ordinance took effect on , 2015 (the "Amendment Approval
Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows:
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 2
AGREEMENT
Section 1. The parties agree that the Project Approvals will be treated
as Subsequent Project Approvals as that term is defined in the Agreement.
Section 2. Section 6.1 of the Agreement is amended to read in its
entirety as follows:
"6.1 Development Aqreement Fee� Due On a Per-Unit Basis at Final
Map. Prior to the City's approval of each final map creating individual lots for
residential units, Developer shall pay the City a development agreement fee (the
"Development Agreement Fee") calculated as follows: the number of residential
lots (or condominium parcels) that would be created by the final map multiplied
by $22,941.96. For maps that create condominiums, the tentative and final map
shall indicate the maximum number of units permitted by the final map, and the
Development Agreement Fee paid shall be based on the maximum number of
units permitted by the map. For maps creating fewer than 40 lots or condominium
units, the Development Agreement Fee shall be based on 40 lots or
condominium units. In the event that Developer seeks a site development review
("SDR") approval for residential units for which the per unit fee has not been paid
(e.g. apartment projects), Developer shall pay the per-unit fee amount at the time
of SDR approval. The per-unit fee amount ($22,941.96 per residential unit) shall
not be adjusted for inflation. At such point as Developer has paid Development
Agreement Fees or advances equal to $36,707,142 in the aggregate, Developer
shall no longer be obligated to pay the Development Agreement Fee required by
this subsection. As detailed in Exhibit E, the $22,941.96 per residential unit fee
generates $36,707,142 at the point when 1,600 units are mapped in the Project.
The Development Agreement Fee was determined based on six separate
components described in this Agreement: (a) Park Construction, § 9.6; (b)
Community Benefit, § 7; (c) Iron Horse Bridge Design, § 10.3.1; (d) Iron Horse
Bridge Construction; § 10.3.2; (e) ACSPA Property Acquisition Contribution, §
9.8; and (fl Park Maintenance Endowment, § 9.7. The City is requiring the
payment of the Development Agreement Fee as a condition to development of
the Property. The Parties agree that the City shall be deemed for all purposes to
be requiring the payment of the Development Agreement Fee as a condition to
development of the Property and that the Development Agreement Fee should
be considered a supplemental fee and, in all aspects of its application and
implementation, should not be deemed a waiver or fee reduction of any kind. If
at any point the City Council determines that at full buildout development on the
Property will not or is unlikely to produce 1,600 units, the City may withhold
further approvals, including final maps, until such time as Developer provides
adequate assurances that the City will receive the entire $36,707,142 in
Development Fee revenue."
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 3
Section 3. Section 7 of the Agreement is amended to read in its entirety
as follows:
"7. Community Benefit Payment.
7.1 Developer has agreed, as partial consideration for the City's
entering into this agreement, to contribute to the City over the course of the
Project the sum of $17,500,000 as a Community Benefit Payment, in accordance
with the following schedule and requirements.
7.2 The Community Benefit Payment is a component of the
Development Agreement Fee and will be paid as specified in section 6.1, except
that, if the City has not received the following amount, exclusive of Development
Agreement Fee component payments previously applied, by the applicable
deadline below, Developer shall, on or before the applicable deadline, make an
advance of Development Agreement Fees equal to the difference between the
amount of Development Agreement Fees the City had previously received,
exclusive of Development Agreement Fee component payments previously
applied, and the amount set out below.
Payment Amount Deadline
First $10,000,000 24 months following the
Project Approval Date
Second $5,000,000 48 months following the
Project Approval Date
Third $2,500,000 At recordation of the last final
map in Phase 4 of the Project
(see Exhibit D)
The "Project Approval Date" shall be the date upon which all appeal, legal
challenge and rehearing periods relating to the Existing Project Approvals shall
have expired without legal challenge, or, if any appeal, legal challenge or
rehearing request is filed against the City challenging such Project Approvals, the
date upon which all such challenges are finally dismissed and either (a) all of
such Project Approvals remain effective or, (b) have been reaffirmed, if required
by the resolution of the challenge(s). The Parties agree that any payment
deadlines under this Section that occur during the pendency of any appeal, legal
challenge or rehearing request filed against the City challenging any of the
Subsequent Project Approvals shall be extended to a date 30 days following the
finality of any such appeal, legal challenge, or rehearing request. Notwithstanding
any other provision of this Agreement, the Developer shall not be required to
make the foregoing payments if the City Council elects for any reason not to form
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 4
a CFD proposed by Developer that meets the requirements of Section 8.
Notwithstanding anything to the contrary in this Agreement, if any payment under
this subsection is not received in full by the City by the deadline for such
payment, the City may withhold further issuance of building permits and other
approvals, including final maps, for the Project until such time as Developer has
made the required payment."
Section 5. Section 9.1 of the Agreement is amended to read in its
entirety as follows:
"9.1 Parkland Dedication. Except as specified in Section 9.8, the
Project proposed by Developer includes the dedication of 30 net acres of
community parkland. Developer shall dedicate the specified parkland with the
first final map in the Project phase specified below, or earlier:
Project Size of dedication
Phase
1st Phase 2 10 net acres of community park land
(includes 8.7 acres in exchange for
ACSPA Property transfer by City under
section 9.8.)
2nd Phase 3 10 net acres of community park land
3rd Phase 5 10 net acres of community park land
Net acreage is measured at the property line of the park parcels dedicated by
Developer and does not include land area currently owned by the City or land
area within adjacent existing or future street right of ways. Other than the creek
and the 50-foot buffer boundary from top of bank on either side of the creek, net
acreage does not include land that is encumbered by use restrictions, unless the
use restrictions are approved by the City. The City acknowledges that the
portions of the 30 acres may be subjected to the following reasonable
restrictions: active sports fields, certain species of plantings, and the use of
motorized vehicles. If resource agencies require use restrictions that are not
acceptable to the City in the area beyond the 50-foot buffer boundary from top of
bank on either side of the creek, Developer shall identify additional acreage to
meet the net 30 acre requirement. This obligation shall be satisfied prior to the
issuance of the first building permit in Phase 2, and the City may withhold further
building permits outside of Phase 1 until it is satisfied.
The Parties agree that, in the event of substantial revisions to the
geography of the Project phases (as determined by the City Manager), this
Agreement shall be promptly amended to revise Exhibit D and to reflect the
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 5
impact the revised phases have on provisions of this Agreement that reference
the Project phases, which include, but are not limited to, this Section 9.1 and
Sections 9.6 and 9.8. The City Manager may approve insubstantial revisions to
Exhibit D requested by Developer and if such revisions are so approved the
revised Exhibit D shall automatically become annexed to this Agreement and
shall replace the prior Exhibit D and the Parties shall be authorized to and shall
replace the prior Exhibit D with the new Exhibit D in each copy of the
Agreement."
Section 6. Section 9.2 of the Agreement is amended to read in its
entirety as follows:
"9.2 Public Facilities Fee and Quimby Requirements For Land
Dedications. In the aggregate, the dedications required by this Agreement,
including the dedication of the school site pursuant to Section 12 on which the
City intends to provide for a minimum of 5 acres of joint school/park use, and the
Developer's contribution toward the City's purchase of the ACSPA Property
pursuant to Section 9.8.3, satisfy the community park land component of the
City's Public Facilities Fee and the parkland dedication requirements of Chapter
9.28 of the Dublin Municipal Code for up to 1,995 residential units and for all of
the commercial development proposed on the Specific Plan. Except as
otherwise specified in this Agreement, development in the Project and on the
Property shall be subject to all other components of the Public Facilities Fee. At
the time of dedication on the final map, provided that Developer (a) enters into an
improvement agreement in conjunction therewith and (b) provides evidence,
acceptable to the City Engineer, demonstrating that the land to be conveyed
(including any imported fill) meets California Department of Toxic Substances
Control standards applicable to residential development or such lesser standard
acceptable to the City, the City will promptly upon receipt of such evidence
indicate in its records that Developer has made such a dedication, and those
records will be used to determine whether the Developer has satisfied its
obligations under the community park land component of the City's Public
Facilities Fee and the parkland dedication requirements of Chapter 9.28 of the
Dublin Municipal Code. The City's records of the dedications shall be expressed
in acres of community and neighborhood parkland as follows:
Dedication Neighborhood Park Community Park
1 st 3 acres 7 acres
2nd 2.170 acres 5.063 acres
3rd 3 acres 7 acres
When the previous dedications are used to satisfy the obligations as to individual
maps and building permits, the unapplied dedications reflected in the City's
records shall be reduced to reflect the equivalent in acreage of the fee
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 6
component for which previous dedications were used. If Developer does not
have sufficient unapplied dedication acreage when it seeks approval for a
particular map or building permit, it may, instead of paying the applicable fees in
lieu of parkland dedication or the community park land component of the Public
Facilities Fee, provide security acceptable to the City that secures payment of
such fees. Upon its receipt of parkland dedications to satisfy the obligations so
secured, the City will promptly reduce the security in an equivalent amount."
Section 7. Section 9.3 of the Agreement is amended to read in its
entirety as follows:
"9.3 Stormwater Facilities. The City will allow underground stormwater
detention facilities within the 30 acre net community park, not to exceed a
footprint of 87,120 square feet, and in locations acceptable to the City. The
underground stormwater facilities shall include a minimum cover acceptable to
the City."
Section 8. Section 9.5 is amended to read as follows:
"9.5 City Obligation to Improve Parkland. City will complete each of the
three park phases within 24 months of (a) the City accepting the applicable
dedication pursuant to Section 9.4 and (b) Developer providing the required
funds for the applicable park phase's construction pursuant to section 9.6. The
24-month period will not commence until the Parties have confirmed in writing
that the criteria have been satisfied."
Section 8. Section 9.6 of the Agreement is amended to read in its
entirety as follows:
"9.6 Project's Obliqation to Fund Park Construction. The Project's
contribution to fund park construction shall be $4,285,714 for each of the three
community park phases which may reimbursed through the CFD. These
contributions exceed the amounts otherwise required to be contributed by
Developer under the Public Facilities Fee for park improvements and shall
therefore be deemed to satisfy the Project's obligations to fund park
improvements under the Public Facilities Fee. Upon request of Developer, the
City shall apply previously collected Development Agreement Fees revenues,
exclusive of Development Agreement Fee component payments previously
applied, toward the required contribution. If such application of Development
Agreement Fees is insufficient to satisfy the required contribution, Developer may
advance the necessary funds under Subsection 6.3 in order to trigger the City's
park improvement obligations under Section 9.5. In any event, Developer shall
make the following contributions for each phase of the park, by requesting
application of previously collected Development Agreement Fees toward the
contribution, making a Development Agreement Fee advance, or both, no later
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project �
than: the first recorded subdivision map creating residential lots for a $100,000
contribution to be used for the preparation of a master plan for the community
park; the first recorded subdivision map in Phase 2 for the first $4,285,714
contribution (less the $100,000 contribution previously for the master plan); the
first recorded subdivision map in phase 3 for the second $4,285,714 contribution;
and the first recorded subdivision map in phase 5 for the last $4,285,714
contribution. In addition, with the submission of the first subdivision map creating
residential lots in Phase 1, the Developer shall prepare, at its own expense, a
traffic circulation analysis to determine the appropriate location of the Community
Park parking lot and driveway entrance(s) for review and approval by the City
Engineer. The report shall evaluate the location of potential driveways on
Scarlett Drive and how they would interact with the existing intersection at
Houston Place as well as consider connectivity of the future parking lot(s) to both
G Street and Scarlett Drive. The results of the analysis will be incorporated in
the subsequent Project Approvals. The Developer shall not be required to make
the contributions required by this paragraph to the extent that they are due after
the contingent event described in Section 6.2 above occurs. If such contingent
event does occur, and the contributions required by this paragraph cease,
Developer shall, so as to avoid a significant impact pursuant to Impact 3.11-4
described in the FEIR, thereafter be required to pay the community park
improvements component of Public Facilities Fee and the neighborhood park
improvement component of the Public Facilities Fee as it applies in Eastern
Dublin. The City shall use the contributions made pursuant to this Section only
for the improvement of parks within the Specific Plan area.
9.6.1 Public Facilities Fee Payment Security. Developer's contributions
as specified above shall be deemed to satisfy its obligation to contribute to
Community and Neighborhood Park Improvements under the Public Facilities
Fee Program. If, however, at the time Developer seeks to file a final map
Developer has not made the required contributions in amounts sufficient to
satisfy the final map's Park Construction obligation, Developer shall provide
security acceptable to the City that ensures payment of the community park
improvements component of Public Facilities Fee for the units and the
neighborhood park improvement component of the Public Facilities Fee
applicable in Eastern Dublin. For the purposes of this paragraph, Developer
shall upon each $4,285,714 contribution be deemed to have satisfied its
obligations for 665 residential units. The contributions may be used to reduce
previously posted security under this paragraph and to avoid the requirement to
post security under this paragraph."
Section 9. Section 12 of the Agreement is amended to read in its
entirety as follows:
"12. School Site. Developer shall dedicate to the City the 12 net acre
school site with the first final map in Project Phase 3. The 12 net acre school site
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project $
is designated Parcel 27 on Vesting Tentative Map 8150 and is bounded by D
Street, G Street, F Street, and Central Parkway. The dedication will, upon
satisfaction of the criteria in Section 9.2 for such treatment, be noted in the City's
records as a dedication of 3 acres of parkland for the purposes of the
Developer's satisfaction of its obligations under the community park land
component of the City's Public Facilities Fee and the parkland dedication
requirements of Chapter 9.28 of the Dublin Municipal Code. The City will accept
the school site upon satisfaction of the requirements set forth in Section 9.4 for
acceptance of parkland."
Section 10. Exhibits D, E, and F to the Agreement are replaced in their
entirety by revised Exhibits D, E, and F attached hereto and incorporated by this
reference.
Section 11. Full Force and Effect. Except as specifically clarified,
confirmed or modified herein, the Agreement shall continue in full force and effect
according to its terms.
Section 12. Defined Terms. Defined terms have the same meaning in
this Amendment as in the Agreement unless otherwise specified.
Section 13. Effective Date. This Amendment shall become effective
upon the date the ordinance approving this Agreement becomes effective (the
"Effective Date").
Section 13. Recordation. City shall record a copy of this Amendment
within ten (10) days following execution by all parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN DEVELOPER
DUBLIN CROSSING VENTURE LLC,
By: a Delaware limited liability company
Chris Foss, City Manager
Attest: By:
Its:
Caroline Soto, City Clerk
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 9
Approved as to form
John Bakker, City Attorney
114.266 2419687.8
Amendment No. 1 to Dublin/Dublin Crossing Venture LLC Development Agreement
for the Dublin Crossing Project 10
Revised Exhibit D
Diagram of Project Phases
LEGEND
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RESOLUTION NO. 36 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * � � *
APPROVING THE INITIATION OF A GENERAL PLAN AND DUBLIN CROSSING
SPECIFIC PLAN AMENDMENT STUDY TO: 1) INCORPORATE THE 1.5 ACRE CHABOT
CREEK INTO THE COMMUNITY PARK AND INCREASE THE ACREAGE DEVOTED TO
MEDIUM DENSITY RESIDENTIAL BY 1.5 ACRES; 2) RE-DESIGNATE THE 13 ACRE
"MIXED USE" SITE TO "GENERAL COMMERCIAUDC MEDIUM-HIGH DENSITY
RESIDENTIAL"; 3) ALLOW USE OF THE SITE DESIGNATED "SCHOOL" FOR BOTH
SCHOOL AND PARK PURPOSES.
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00.)
WHEREAS, the City Council is considering initiating a General Plan and Dublin Crossing
Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the
Community Park and increase the acreage devoted to Medium Density Residential by 1.5
acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-
High Density Residential"; 3) Allow use of the site designated "School" for both school and
park purposes; and
WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study
would also include amendments to the Dublin Crossing Project Development Agreement and
minor amendments to the Eastern Dublin Specific Plan ensure that there is consistency on
all figures between the boundaries of the Dublin Crossing Specific Plan area and the Eastern
Dublin Specific Plan area; and
WHEREAS, the initiation request has been reviewed in accordance with the provisions of
the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt
under Section 15306, Class 6 of the State CEQA Guidelines; and
WHEREAS, a Staff Report was submitted outlining the issues surrounding the request;
and
WHEREAS, the City Council did hear and consider all such reports, recommendations,
and testimony hereinabove set forth, and supports the initiation of General Plan and Dublin
Crossing Specific Plan Amendment Study.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the initiation of a General Plan and Dublin Crossing Specific Plan
Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park
and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-
designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-High Density
Residential"; 3) Allow use of the site designated "School" for both school and park purposes.
Page 1 of 2
ATTACHMENT 4
PASSED, APPROVED AND ADOPTED this 17th day af March 2015, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
� P
City Clerk
i
Reso No. 36-15,Adopted 3-17-15, Item 8.1 Page 2 of 2
RESOLUTION NO. 15-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF A CEQA ADDENDUM FOR
AMENDMENTS TO THE GENERAL PLAN, DUBLIN CROSSING SPECIFIC PLAN, EASTERN
DUBLIN SPECIFIC PLAN, AND DEVELOPMENT AGREEMENT RELATED TO THE DUBLIN
CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately 189
acres in size and is generally bound by 5t" Street to the north, Scarlett Drive to the west,
Dublin Boulevard to the south, and Arnold Road to the east; and
WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13
(Dublin Crossing Final EIR certification) and 187-13 (Specific Plan approval and General Plan
amendments) as well as Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and
08-13 (Development Agreement approval) that approved the Dublin Crossing project, which
included the demolition of the existing buildings and other improvements on the site and
construction of a residential mixed-use project with up to 1,995 single- and multi-family
residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre
Community Park; a 5 acre Neighborhood Park, and a 12 acre school site to serve approximately
900 students; and
WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin
Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the
Community Park and increase the acreage devoted to Medium Density Residential by 1.5
acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density
Residential"; 3) Allow use of the site designated "School" for both school and park purposes;
and
WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also
included amendments to the Dublin Crossing Project Development Agreement and minor
amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures
between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin
Specific Plan area; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the City prepared an Initial Study which describes the proposed
Amendments to the Dublin Crossing Specific Plan, General Plan, Dublin Crossing Development
Agreement, and the Eastern Dublin Specific Plan and its relation to the analysis in the Dublin
Crossing EIR, dated April 21, 2015, incorporated herein by reference and attached to this
resolution as Exhibit A-1, was prepared to determine if additional environmental review was
required pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15162. Based on the Initial Study, the City determined that the potentially significant effects of
ATTACHMENT 5
the project were adequately addressed in the Dublin Crossing EIR (SCH 2O12062009) and no
further environmental review is required under CEQA standards; and
WHEREAS, pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent
EIR shall be prepared for the Amendments to the General Plan, Dublin Crossing Specific Plan,
Development Agreement, and Eastern Dublin Specific Plan related to the Dublin Crossing
Project, as no substantial changes have been proposed to the project or the conditions under
which the project will be carried out that require major revisions of the Dublin Crossing EIR. No
new significant environmental impacts have been identified and no substantial increases in the
severity of previously identified impacts were discovered. The project remains subject to all
previously adopted mitigation measures, as applicable; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21,
2015, incorporated herein by reference and attached to this Resolution as Exhibit A-1, was
prepared, which describes the Amendments to the General Plan, Dublin Crossing Specific Plan,
Development Agreement, and Eastern Dublin Specific Plan related to the Dublin Crossing
Project and its relation to the analysis in the Dublin Crossing EIR; and
WHEREAS, a Staff Report, dated May 12, 2015 and incorporated herein by reference,
described and analyzed the Project, including the associated General Plan Amendment,
Eastern Dublin Specific Plan Amendment and Development Agreement Amendment, and
CEQA Addendum, for the Planning Commission; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Project, including the Amendments to the General Plan, Dublin Crossing Specific Plan,
Development Agreement, and Eastern Dublin Specific Plan related to the Dublin Crossing
Project and the CEQA Addendum, on May 12, 2015, at which time all interested parties had the
opportunity to be heard; and
WHEREAS, the Planning Commission considered the Dublin Crossing EIR and CEQA
Addendum, all above-referenced reports, recommendations, and testimony to evaluate the
Project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED THAT the Planning Commission has reviewed and
considered the Addendum and Initial Study, both dated April 21, 2015 (Exhibit A-1).
BE IT FURTHER RESOLVED THAT the Planning Commission recommends that the
City Council adopt a Resolution (Exhibit A) adopting an Addendum to the Dublin Crossing EIR,
including the related Initial Study, for the Amendments to the General Plan, Dublin Crossing
Specific Plan, Development Agreement and Eastern Dublin Specific Plan related to the Dublin
Crossing Project.
PASSED, APPROVED AND ADOPTED this 12th day of May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 4-PC Reso Addendum.DOC
RESOLUTION NO. xx-15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A CEQA ADDENDUM FOR AMENDMENTS TO THE GENERAL PLAN, DUBLIN
CROSSING SPECIFIC PLAN, EASTERN DUBLIN SPECIFIC PLAN, AND DEVELOPMENT
AGREEMENT RELATED TO THE DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately
189 acres in size and is generally bound by 5th Street to the north, Scarlett Drive to the
west, Dublin Boulevard to the south, and Arnold Road to the east; and
WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre school site to serve approximately 900 students; and
WHEREAS, on March 17, 2015, the City Council initiated a General Plan and Dublin
Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the
Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres;
2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC High Density
Residential"; 3) Allow use of the site designated "School" for both school and park purposes;
and
WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study also
included amendments to the Dublin Crossing Project Development Agreement and minor
amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures
between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin
Specific Plan area; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the City prepared an Initial Study which describes the proposed
Amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin
Specific Plan and its relation to the analysis in the Dublin Crossing EIR, dated April 21, 2015,
incorporated herein by reference and attached to this resolution as Exhibit A-1, was prepared to
determine if additional environmental review was required pursuant to the California
Environmental Quality Act (CEQA) Guidelines Section 15162. Based on the Initial Study, the
City determined that the potentially significant effects of the project were adequately addressed
in the Dublin Crossing EIR (SCH 2O12062009); and
1
EXHIBIT A TO
ATTACHMENT 5
WHEREAS, pursuant to CEQA Guidelines Section 15162 and 15163, no subsequent EIR
shall be prepared for the Amendments to the General Plan, Dublin Crossing Specific Plan, and
Eastern Dublin Specific Plan related to the Dublin Crossing Project, as no substantial changes
have been proposed to the project or the conditions under which the project will be carried out
that require major revisions of the Dublin Crossing EIR. No new significant environmental
impacts have been identified and no substantial increases in the severity of previously identified
impacts were discovered. The project remains subject to all previously adopted mitigation
measures, as applicable; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21,
2015, incorporated herein by reference and attached to this Resolution as Exhibit A-1, was
prepared, which describes the Amendments to the General Plan, Dublin Crossing Specific Plan,
and Eastern Dublin Specific Plan related to the Dublin Crossing Project and its relation to the
analysis in the Dublin Crossing EIR; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Project, including the Amendments to the General Plan, Dublin Crossing Specific Plan, and
Eastern Dublin Specific Plan related to the Dublin Crossing Project and the CEQA Addendum,
on May 12, 2015, at which time all interested parties had the opportunity to be heard and the
Planning Commission subsequently adopted Resolution XX-XX, recommending City Council
adoption of a CEQA Addendum for Amendments to the General Plan, Dublin Crossing Specific
Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project; and
WHEREAS, a Staff Report, dated May 12, 2015 and incorporated herein by reference,
described and analyzed the 2014 DDSP Amendment, including the associated General Plan
Amendment and CEQA Addendum, for the City Council; and
WHEREAS, the City Council held a properly noticed public hearing on the Project,
including the Amendments to the General Plan, Dublin Crossing Specific Plan, and Eastern
Dublin Specific Plan related to the Dublin Crossing Project and the CEQA Addendum, on ,
2015, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council considered the Dublin Crossing EIR and CEQA Addendum,
all above-referenced reports, recommendations, and testimony to evaluate the Project.
WHEREAS, pursuant to CEQA Guidelines Section 15093 and the California Court of
Appeals decision Communities for a Better Environment v. California Resources Agency (2002)
103 Cal. App. 4t" 98, 125, approval of the Project must be supported by a new Statement of
Overriding Considerations.
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 has reviewed and considered the
Addendum and Initial Study (Exhibit A-1) and the Statement of Overriding Considerations
(Exhibit A-2) prior to taking action on the project.
BE IT FURTHER RESOLVED that the City Council does hereby adopt the CEQA
Addendum, including the related Initial Study, attached as Exhibit A-1, pursuant to CEQA
2
Guidelines Sections 15162 and 15164 for the Amendments to the General Plan, Dublin Crossing
Specific Plan, and Eastern Dublin Specific Plan related to the Dublin Crossing Project.
BE IT FURTHER RESOLVED that the City Council does hereby adopt the Statement of
Overriding Considerations attached as Exhibit A-2.
PASSED, APPROVED, AND ADOPTED this day of , 2015 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 4-CC Reso Addendum.docx
3
Amendments to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and
Development Agreement
related to the Dublin Crossing Project (zo�5)
Addendum and Initial Study
City o f Dublin
April i�, Zo�S
ADDENDUM
PROJECT DESCRIPTION:
The City Council has initiated a General Plan and Specific Plan Amendment study with the intent of making
changes to the approved Dublin Crossing project in order to facilitate the acquisition of a �z-acre school
site that can be used by both the City and the School District. In order to effectuate these changes, land
use amendments are proposed to the General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin
Specific Plan, and modifications are proposed to the Dublin Crossing Development Agreement. The details
of these amendments are as follows:
Dublin Crossing Specific Plan would be amended to include several land use changes that will financially
benefit the Developer and allow them to transfer the school site to the City at no cost, including:
• Modifying the designation of the iz acre School site to allow both school and park uses. This will
allow the playground(s), recreational field(s), and other amenities to be used by both the school
community as well as the residential neighborhood.
• Incorporating the �.5 acre Chabot Creek into the Community Park and increase the acreage devoted
to Medium Density Residential by �.5 acres. Although this will allow the Developer more flexibility
in where the residential development takes place, the Specific Plan limit of �,995 residential units
will not be exceeded; and
• Redesignating the �3 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard to
"General Commercial�DC Medium-High Density Residential", thereby removing the requirement for
both the 5 acre Neighborhood Park site and a minimum of 75,00o square feet of commercial
development on this parcel within the site.
Minor amendments to the General Plan and the Eastern Dublin Specific Plan are also needed to ensure
consistency with the amended Dublin Crossing Specific Plan.
In addition to the land use changes proposed above, Amendment No. � to the Development Agreement
between the City and Dublin Crossing Venture LLC related to the Dublin Crossing Project includes:
• Removing the requirement to provide construction funding for a 5 acre Neighborhood Park ($z.�43
million);
• Removing the requirement for the final Community Benefit Payment ($�.z million); and
• Including language related to the no-cost transfer of the school site from the Developer to the City.
The proposed changes to the General Plan, Dublin Crossing Specific Plan, Eastern Dublin Specific Plan, and
Development Agreement will result in the delivery of the �z acre school site to the City without increasing
the current maximum number of housing units (up to i,995) allowed in the project or the maximum
� � Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and
� Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
ATTACHMENT 5 F_x.A• �
amount of commercial square footage allowed to be built (up to zoo,000 square feet). Additionally, the
same amount of parkland will be provided, although the Neighborhood Park will now be a facility that is
jointly used by both the community and the School District while the Community Park remains at 3o acres.
PR_I.OR CEQA ANALYSI_S:
The City Council certified a Final Environmental Impact Report (SCH zo�zo6zoo9) for the Dublin Crossing
Project on November 5, zo�3 via City Council Resolution �86-i3.
The Final EIR analyzed the Dublin �rossing Specific Plan, which was a plan for the orderly development of
approximately �8g acres, including 8.7 acres owned by Alameda County Surplus Property Authority, an 8.g
acre parcel owned by NASA, and a �7z-acre portion of the z,485-acre Camp Parks Reserve Forces Training
Area (Camp Parks). The Specific Plan addressed the future development of the project area, which
includes demolition of the existing buildings and other improvements on the site and construction of a
residential mixed-use project with up to �,995 single- and multi-family residential units; up to zoo,000
square feet of retail, office and�or commercial uses; a 3o acre Community Park; a 5 acre Neighborhood
Park, and a �z acre elementary school site to serve approximately goo students.
CURREN_T___CE_QA A_N_ALYSIS AN_D DETERM_I__N_ATION___TH_A_T_AN__ADDENDUM__IS APPROPRIATE_ FOR__THIS
PROJ ECT:
In order to determine if there were any significant environmental impacts that were present with the
General Plan, Dublin Crossing Specific Plan, Development Agreement and the Eastern Dublin Specific Plan
Amendments related to the Dublin Crossing Project (zo�5) that were not already addressed (and mitigated
if necessary) in the Dublin Crossing FEIR, an Initial Study was completed. The Initial Study, dated April z�,
z.oi5 and incorporated herein by reference, determined that the potentially significant effects of the
General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to
the Dublin Crossing Project (zoi5) were adequately addressed in the Dublin �rossing FEIR, and that no
substantial changes are proposed with the current Project or the conditions under which the Project will
be undertaken that require revisions of the previous environmental documents. Based on the Initial Study,
this Addendum has been prepared, which notes the difference in the General Plan, Dublin Crossing Specific
Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5) and
the previous project approvals, which CEQA impacts were addressed in the certified Dublin Crossing FEIR.
The General Plan, Dublin Crossing Specific Plan, Development Agreement and the Eastern Dublin Specific
Plan Amendments related to the Dublin Crossing Project (zo�5) does not modify the maximum
development potential within the Dublin Crossing Specific Plan area, substantively modify any land use
districts or designations in order to allow more development or a higher intensity of development, or
introduce any new project attributes that were not present at the time the original project was analyzed
and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification, the circulation system remains the same, the number of allowable residential
units has not increased, the amount of allowable commercial square footage has not increased, and the
number of students expected to be served by the school has not changed.
NO SUBSEQU_E__NT R__EVIEW_IS REQUIRED_PER_CEQA GUID_ELINES SECTION i5�6z_:
�� z : Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Pursuant to Section �5�6z of the California Environmental Quality Act (CEQA) Guidelines, no subsequent
environmental analysis shall be prepared for the General Plan, Dublin Crossing Specific Plan, Development
Agreement, and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project
(zo�5), as no substantial changes have been proposed with the Project or the conditions under which the
Project will be undertaken which require revisions to the previous environmental documents. No new
significant environmental impacts have been identified and no substantial increase in the severity of
previously identified impacts has been discovered.
Pursuant to CEQA Guidelines Section �5�64, with minor technical amendments and clarifications as
outlined in this Addendum, the Dublin Crossing FEIR will continue to adequately address the significant
environmental impacts of the General Plan, Dublin Crossing Specific Plan, Development Agreement and
the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project (zo�5).
CONCLUSION:
The City prepared an Initial Study in connection with the General Plan, Dublin Crossing Specific Plan,
Development Agreement and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing
Project (zo�5). Based on the Initial Study, the City prepared an Addendum to the Dublin Crossing FEIR. As
provided in Section �5i64, the Addendum need not be circulated for public review, but shall be considered
with the previous environmental documents before making a decision on the proposed project. The Initial
Study is included below and the previous environmental documents are available for review in the
Community Development Department at the City of Dublin, �oo Civic Plaza, Dublin, California.
3 Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
�
INITIAL STUDY
This Initial Study has been prepared in accord with the provisions of the California Environmental Quality
Act (�EQA) and CEQA Guidelines. It assesses the potential environmental impacts of implementing the
proposed project described below and whether those impacts are adequately addressed in prior
environmental reviews for the site. The Initial Study consists of a completed environmental checklist and a
brief explanation of the environmental topics addressed in the checklist.
�. Project Title: General Plan, Dublin Crossing Specific Plan, and the Eastern
Dublin Specific Plan Amendments related to the Dublin Crossing
Project (zoi5)
z. Lead Agency Name and Address: City of Dublin
Community Development Department
�oo Civic Plaza
Dublin, CA 9456$
3. Contact Person and Phone Number: Kristi Bascom, Principal Planner
Community Development Department
�925) 833-66i o
4. Project Location: Approximately �8g acres bound generally by 5tn Street to
the north, Scarlett Drive to the west, Dublin Boulevard to
the south, and Arnold Road to the east. APNs g86-000i-oo�-
�5 (partial), g86-oo34-ooz-oo, and g86-oo34-006-00
5. Project Sponsor's Name and Address: City of Dublin
Community Development Department
ioo Civic Plaza
Dublin, CA 94568
6. General/Specific Plan Designation: Dublin Crossing Specific Plan
7. Zoning: Dublin Crossing Zoning District
8. Surroundin land uses and settin :
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY
North Ag Public Lands Camp Parks
South PD High Density Residential and Campus Office Residential Apartments(Transit
Center)
East PD Campus Office Business Park
PD and Medium-High Density Residential and Combination of uses including
West Light Retail/Office, apartments,service commercial,and
Industrial Business Park�lndustrial and Outdoor retail uses
Storage
g� � � � Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
g. Other Public Agencies: None
�o Other public agencies who may rely on this CEQA document:
Grading and Building permits (City of Dublin)
Sewer and water connections (DSRSD)
Encroachment permits (City of Dublin)
Notice of Intent(State Water Resources Control Board)
Project Description
The Dublin Crossing project site includes approximately �8g acres of land that are divided between the
following property owners: �39 acres owned by the United States Army, 8.7 acres owned by the Alameda
County Surplus Property Authority, and approximately 4i.9 acres owned by Dublin Crossing Venture LLC.
The project area is shown below.
Figure �: Vicinity Map
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After several years of planning, analysis, and negotiations, on November 5, zo�3, the City Council approved
the Dublin Crossing Specific Plan (DCSP) and associated implementation actions. The Specific Plan
outlined the future development of the project area, which includes demolition of the existing buildings
and other improvements on the site and construction of a residential mixed-use project with up to �,995
single- and multi-family residential units; up to zoo,000 square feet of retail, office and/or commercial uses;
a 3o acre Community Park; a 5 acre Neighborhood Park, and a �z acre school site to serve approximately
goo students.
5 Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
In addition to the DCSP, amendments were a{�proved to the General Plan, the Dublin Zoning Ordinance,
and Zoning Map to implement the Specific Plan. The project approvals also included the certification of
the Dublin Crossing Final Environmental Impact Report (EIR). The approval actions by the City Council
were formalized in Resolutions �86-�3 (EIR certification) and �87-i3 (Specific Plan approval and General Plan
amendments) as well as Ordinances o7-�3 (Zoning Ordinance and Zoning Map changes) and o8-�3
(Development Agreement approval).
The Dublin Crossing project includes a iz-acre school site that the Dublin Unified School District (DUSD)
intends to use for a future school that can accommodate up to goo students. However, funding for new
school construction is extremely limited. Despite the best efforts of our State legislative representative
last year, a state ballot measure for school construction was not placed on the November zo�4 ballot, and
no solutions have been proposed by Governor Brown to bridge the construction funding gap that exists
between the resources local districts have to build new facilities and the actual costs to build new schools.
The lack of funding support from the State means that local school districts, like DUSD, need to find
alternative solutions to the now-broken State model that has funded school construction over the years.
In zoi4, City Staff approached SunCal to discuss options for the City to obtain the �z-acre school site in an
effort to assist DUSD. After much discussion and negotiation, SunCal and City Staff reached agreement on
tentative deal terms that would allow the transfer of the future school site to the City at no cost in
exchange for modifications to the entitlements for the Dublin Crossing project.
The proposed changes to the Dublin Crossing Specific Plan and Development Agreement will result in the
delivery of the �z acre school site to the City without increasing the current maximum number of housing
units (up to �,995) allowed in the project or the maximum amount of commercial square footage allowed
to be built (up to zoo,000 square feet). Additionally, the same amount of parkland will be provided,
although the Neighborhood Park will now be a facility that is jointly used by both the community and the
School District while the Community Park remains at 3o acres (Attachment�).
The following is a description of the land use changes and modifications to the Development Agreement:
General Pl_an and Specific Plan Amendments
Under the proposal agreed to by City Staff and SunCal, the Dublin Crossing Specific Plan would be
amended to include several land use changes that will financially benefit the Developer and allow them to
transfer the school site to the City at no cost, including:
• Modifying the designation of the �z acre School site to allow both school and park uses. This will
allow the playground(s), recreational field(s), and other amenities to be used by both the school
community as well as the residential neighborhood.
• Incorporating the �.5 acre Chabot Creek into the Community Park and increase the acreage devoted
to Medium Density Residential by �.5 acres. Although this will allow the Developer more flexibility
in where the residential development takes place, the Specific Plan limit of �,995 residential units
will not be exceeded; and
• Redesignating the �3 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard to
"General Commercial/DC Medium-High Density Residential", thereby removing the requirement for
both the 5 acre Neighborhood Park site and a minimum of 75,00o square feet of commercial
development on this parcel within the site. Attachment � illustrates the revised Conceptual Land
Use Plan
6 Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)
Eastern Dublin_Specific Plan Amen_dments
A cleanup item to the Eastern Dublin Specific Plan figures is included, which will ensure that there is
consistency on all figures in all documents between the boundaries of the Dublin Crossing Specific Plan
area and the Eastern Dublin Specific Plan area. The figures being modified are Figure 4.i (Land Use Plan),
Figure 4.z (Planning Subareas), and Figure 5-3b (Circulation System)
Amendment_No._� to_the Dublin__Crossing Development Agree_ment
Under the proposal agreed to by City Staff and SunCal, the Development Agreement would be amended
to:
• Remove the requirement to provide construction funding for a 5 acre Neighborhood Park ($z.�43
million);
• Remove requirement for the final Community Benefit Payment ($�.z million); and
• Include language related to the no-cost transfer of the school site from the Developer to the City.
�� � � 7 Initial Study�Addendum for the General Plan, Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Environmental Checklist
Environmental Factors Potentially Affected by the Project
The environmental factors checked below would be potentially affected by this project, involving as
indicated by the checklist on the following pages.
Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Geology/ Soils
Hazards & Hazardous Hydrology/Water Land Use/ Planning
Materials Quality
Mineral Resources Noise Population/ Housing
Public Services Recreation Transportation �
Traffic
Utilities/ Service Mandatory Findings of Significance
Systems
Instructions
I. A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question (see Attachment A: Source List). A "No Impact" answer is adequately supported if the
referenced information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on project-specific factors as well as general standards (e.g., the project
will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist
answers must indicate whether the impact is potentially significant, less than significant with
mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is
substantial evidence that any effect may be significant. If there are one or more "Potentially
Significant Impact" entries when the determination is made, an EIR is required.
�. "Negative Declaration: Less Than Significant With Mitigation Incorporated: applies where
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"
to a "Less Than Significant Impact."The lead agency must describe the mitigation measures, and
briefly explain how they reduce the effect to a less than significant level.
�. Earlier Analysis may be used where, pursuant to the tiering, Program EIR, or other CEQA process,
one or more effects have been adequately analyzed in an earlier EIR or negative declaration.
Section i5o63(c)(3)(D). In this case, the checklist entry will be "No New Impact" and a discussion
should identify the following on attached sheets:
� � � Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
� Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
a. Earlier analysis used. Identify earlier analyses and state where they are available for review.
b. Impacts adequately addressed. Identify which effects from the above checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on
the earlier analysis.
c. The conclusion of"No New Impact" in this Initial Study means that there are no new or
substantially more severe significant environment impacts that those identified in the Dublin
Crossing EIR and no other standards for subsequent or supplemental environmental review
under CEQA are met.
�} Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
�. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? X
b) Substantially damage scenic resources,including but not
limited to trees,rock outcroppings,and historic buildings X
within a state scenic highway?
c) Substantially degrade the existing visual character or quality X
of the site and its surroundings?
d) Create a new source of substantial light or glare,which would X
adversely affect day or nighttime views in the area?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts on
aesthetics�visuai resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts
would result.
2. AGRICULTURE RESOURCES AND FORESTRY RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects,lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model(t997)prepared by the California Department of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to
forest resources,including timberland,are significant environmental effects,lead agencies may refer to
information compiled by the California Department of Forestry and Fire Protection regarding the state's
inventory of forest land,including the Forest and Range Assessment Project and the Forest Legacy Assessment
project;and forest carbon measurement methodology provided in Forest Protocols adopted by the California
Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance(Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring X
Program of the California Resources Agency,to non-
agricultural use?
b) Conflict with existing zoning for agricultural use,or a x
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of forest
land(as defined in Public Resources Code Section izzzo(g)),
timberland(as defined by Public Resources Code section X
4526)or timberland zoned Timberland Production(as defined
by Government Code section 5��o4(g))?
d) Result in loss of forest land or conversion of forest land to x
non-forest uses?
e) Involve other changes in the existing environment,which due x
��a Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting information Sources):
to their location or nature,could result in conversion of
Farmland to non-agricultural use or conversion of forest land
to non-forest use?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts on
agricultural or forestry resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new
impacts would result.
3. AIR QUALITY. Where available,the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air X
quality plan?
b) Violate any air quality standard or contribute to an existing or x
projected air quality violation?
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air X
quality standard(including releasing emissions,which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant x
concentrations?
e) Create objectionable odors affecting a substantial number of X
people?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased, and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts on air quality
beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect,either directly or through
habitat modifications,on any species identified as a candidate, x
sensitive,or special-status species in local or regional plans,
policies,or regulations,or by the California Department of Fish
� �j Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin�rossing Project(zoi5)
�
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or x
regional plans, policies, regulations or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including,but not limited to,marsh,vernal pool,coastal,etc.) X
through direct removal,filling, hydrological interruption,or
other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with X
established native resident or migratory wildlife corridors,or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources,such as a tree preservation policy or X
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan,or X
other approved local,regional,or state habitat conservation
plan?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased, and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts on biological
resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a
historical resource as defined in CEQA Guidelines section x
i5o64.5?
b) Cause a substantial adverse change in the significance of an x
archaeological resource pursuantto section i5o64•5•'
c) Directly or indirectly destroy a unique paleontological X
resource or site or unique geologic feature?
d) Disturb any human remains,including those interred outside X
of formal cemeteries?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
n � �� � m��, ��
�z Initial Study�Addendum for the General Plan, Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Potentially
Significant
Potentially Unless LessThan No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts on cultural
resources beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
6. GEOLOGY AND SOILS. Would the project expose people or structures to potential substantial adverse effects,
including the risk of loss,injury,or death involving:
a) Rupture of a known earthquake fault,as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other x
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 4z?
b) Strong seismic ground shaking? X
c) Seismic-related ground failure, including liquefaction? x
d) Landslides? X
e) Result in substantial soil erosion or the loss of topsoil? x
f) Be located on a geologic unit or soil that is unstable,or that
would become unstable as a result of the project,and x
potentially result in on-or off-site landslide,lateral spreading,
subsidence,liquefaction or collapse?
g) Be located on expansive soil,as defined in Table i8-i-B of the
Uniform Building Code(i994),creating substantial risks to life X
or property?
h) Have soiis incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems X
where sewers are not available for the disposal of
wastewater.
Discussion
The General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts on geology
and soils beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
7. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions,either directly or X
indirectly,that may have a significant impact on the
�� e73 � Initial Study(Addendum for the General Plan,Dublin Crossing Specific Plan,and
� Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
environment?
b) Conflict with an applicable plan,policy or regulation adopted
for the purpose of reducing the emissions of greenhouse x
gases?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
greenhouse gas emissions beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts
would result.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment
through the routine transport, use,or disposal of hazardous X
materials?
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions X
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials,substances,or waste within'/4 mile of an x
existing or proposed school?
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code x
Section 6596z.5 and,as a result,would it create a significant
hazard to the public or the environment?(V.i3)
e) For a project located within an airport land use plan or,where
such a plan has not been adopted,within two miles of a public
airport or public use airport,would the project result in a X
safety hazard for people residing or working in the project
area?
f) For a project within the vicinity of a private airstrip,would the
project result in a safety hazard for people residing or working X
in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation X
plan?
h) Expose people or structures to a significant risk of loss, injury
or death involving wildland fires,including where wildlands x
are adjacent to urbanized areas or where residences are
� � �q Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zot5)
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
intermixed with wildlands?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
hazards or hazardous materials beyond those already analyzed in the Dublin Crossing EIR, and therefore no new
impacts would result.
9. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge x
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local ground water table level(for example,the production x
rate of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site or
area,including through the alteration of the course of a X
stream or river,in a manner,which would result in substantial
erosion or siltation on-or off-site.
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river,or substantially increase the rate or amount of X
surface runoff in a manner,which would result in flooding on-
or off-site.
e) Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage systems X
or provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality? X
g) Place housing within a ioo-year flood-hazard area as mapped
on a federal Flood Hazard Boundary or Flood Insurance Rate X
Map or other flood hazard delineation map?
h) Place within a ioo-year flood-hazard area structures,which X
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury
or death involving flooding, including flooding as a result of X
the failure of a levee or dam?
j) Inundation by seiche,tsunami,or mudflow? X
� � � � �, Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,�and
� Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
Discussion
All future construction will need to comply with the requirements of the Regional Water Quality Control Board as well
as all City of Dublin stormwater treatment and water quality requirements.
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(ZOiS)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
hydrology and water quality beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts
would result.
io. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? X
b) Conflict with any applicable land use plan, policy,or regulation
of an agency with jurisdiction over the project(including, but
not limited to the general plan,specific plan,local coastal x
program,or zoning ordinance)adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable Habitat Conservation Plan or x
Natural Community Conservation Plan?
Discussion
The Dublin Crossing Specific Plan and the Eastern Dublin Specific Plan Amendments related to the Dublin Crossing
Project(zoi5)are in conformance with the General Plan,as amended,and the City's other specific plans,as appropriate.
There is no adopted Habitat Conservation or Natural Community Conservation Plan anywhere in the�ity of Dublin.
The General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
land use and planning beyond those already analyzed in the Dublin Crossing EI R,and therefore no new impacts would
result.
��. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the x
state?
b) Result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan, X
specific plan,or other land use plan?
, ���,�� ���� ��. � � �
rG Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Potentially
Significant
Potentially Unless LessThan No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
Discussion
There are no known mineral resources within the City of Dublin or designated in the General Plan or other land use plan,
and therefore there would be no impact.
�2. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess
of standards established in the local general plan or noise x
ordinance or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive ground X
borne vibration or ground borne noise levels?
c) Substantial permanent increase in ambient noise levels in the x
project vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the x
project?
e) For a project located within an airport land use plan or,where
such a plan has not been adopted,within two miles of a public
airport or public use airport,would the project expose people x
residing or working in the project area to excessive noise
levels?
f) For a project within the vicinity of a private airstrip,would the
project expose people residing or working in the project area X
to excessive noise levels?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
noise beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
�3. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area,either
directly(for example, by proposing new homes and X
businesses)or indirectly(for example,through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing X
elsewhere?
c) Displace substantial numbers of people,necessitating the X
construction of replacement housing elsewhere?
,�.� � � � � � �������� � ,���� � �
�� Initial Study�Addendum for the General Plan, Dublin Crossing Speafic Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
population and housing beyond those already analyzed in the Dublin Crossing EI R,and therefore no new impacts would
result.
i4. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision
of new or physically altered governmental facilities or need for new or physical altered governmental facilities,
the construction of which could cause significant environmental impacts,in order to maintain acceptable service
ratios,response times,or other performance objectives for any of the public services:
a) Fire protection? X
b) Police protection? X
c) Schools? x
d) Parks? X
e) Other public facilities? X
Discussion
New construction projects are required to comply with applicable building,safety,and fire codes,fund on-and off-site
improvements,and contribute to the City's public facilities fees commensurate with the type,size and scope of the
project.
The General Plan, Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the amount of parkland provided with the project satisfies the requirements of the City's
Parks and Recreation Master Plan,the circulation system remains the same,the number of allowable residential units
has not increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
public services beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
15. RECREATION. Would the project:
a) Increase the use of existing neighborhood and regional parks
or other recreational facilities such that substantial physical X
deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or
expansion of recreational facilities which might have an x
adverse physical effect on the environment?
Discussion
m �, � . � �� �..�,�,,�� �
r�3 Initial Study�Addendum for the General Plan, Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
Potentially
Significant
Potentially Unless Less Than No Impact/
ENVIRONMENTAL IMPACTS Significant Mitigation Significant No New
Issues Incorpor. Impact Impacts
Issues(and Supporting Information Sources):
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development,or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEIR certified. The change in location of the future neighborhood park is not a
substantial modification,the amount of parkland provided with the project satisfies the requirements of the City's
Parks and Recreation Master Plan,the circulation system remains the same,the number of allowable residential units
has not increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
recreation beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
�6. TRANSPORTATION�TRAFFIC. Would the project:
a) Conflict with an applicable plan,ordinance,or policy
establishing measures of effectiveness for the performance of
the circulation system,taking into account all modes of
transportation including mass transit and non-motorized X
travel and relevant components of the circulation system,
including but not limited to intersections,streets, highways
and freeways, pedestrian and bicycle paths,and mass transit?
b) �onflict with an applicable congestion management program,
including,but not limited to level of service standards and
travel demand measures,or other standards established by X
the county congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that result in X
substantial safety risks?
d) Substantially increase hazards due to a design feature(for
example,sharp curves or dangerous intersections)or X
incompatible uses(for example,farm equipment)?
e) Result in inadequate emergency access? X
f) Conflict with adopted policies, plans,or programs supporting
regarding public transit,bicycle,or pedestrian facilities, or x
otherwise decrease the performance or safety of such
facilities?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
public services beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts would result.
�, , �,.. � �.�, � ��� � �� ���,���,
�rj Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zoi5)
�
�6. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable x
Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing X
facilities,the construction or which could cause significant
environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities,the X
construction of which could cause significant environmental
effects
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources,or are new or x
expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider,which serves or may serve the project that it has X
adequate capacity to serve the project projected demand in
addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to X
accommodate the project's solid waste disposal needs?
g) Comply with federal,state,and local statutes and regulations X
related to solid waste?
Discussion
New construction is required to contribute to the City's impact fees to fund public service infrastructure commensurate
with the type,size,and scope of the new construction.
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zo�5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin Crossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the circulation system remains the same,the number of allowable residential units has not
increased,the amount of allowable commercial square footage has not increased,and the n�mber of students
expected to be served by the school has not changed. Therefore,the project would not have any impacts related to
utilities and service systems beyond those already analyzed in the Dublin Crossing EIR,and therefore no new impacts
would result.
i7. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project:
a) Have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-
sustaining levels,threaten to eliminate a plant or animal X
community,reduce the number or restrict the range of a rare
or endangered plant or animal or eliminate important
examples of the major periods of�alifornia history or
prehistory?
b) Have impacts that are individually limited,but cumulatively
considerable? ("Cumulatively considerable" means that the X
incremental effects of a project are considerable when viewed
in connection with the effects of the past projects,the effects
zo Initial Study�Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)
of other current projects,and the effects of probable future
projects.)
c) Have environmental effects,which will cause substantial x
adverse effects on human beings,either directly or indirectly?
Discussion
The General Plan, Dublin Crossing Specific Plan,and the Eastern Dublin Specific Plan Amendments related to the Dublin
Crossing Project(zoi5)does not modify the maximum development potential within the Dublin Crossing Specific Plan
area,substantively modify any land use districts or designations in order to allow more development or a higher
intensity of development, or introduce any new project attributes that were not present at the time the original project
was analyzed and the Dublin�rossing FEI R certified. The change in location of the future neighborhood park is not a
substantial modification,the amount of parkland provided with the project satisfies the requirements of the City's
Parks and Recreation Master Plan,the circulation system remains the same,the number of allowable residential units
has not increased,the amount of allowable commercial square footage has not increased,and the number of students
expected to be served by the school has not changed. Therefore,the project would not have any beyond those already
analyzed in the Dublin Crossing EIR,and therefore no new impacts would result,no additional environmental
degradation would take place,no new cumulatively considerable impacts would be caused,and no new environmental
effects not already studied would be present.
��u� �
z� � Initial Study/Addendum for the General Plan,Dublin Crossing Specific Plan,and
Eastern Dublin Specific Plan Amendments related to the Dublin Crossing Project(zo�5)
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EXHIBIT A-2
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant to CEQA Guidelines Section 15093, the City Council of the City
of Dublin makes the following Statement of Overriding Considerations.
The City Council has balanced the benefits of the 2013 Dublin Crossing Specific Plan
project (Project) to the City of Dublin against the significant adverse impacts identified in
the Environmental Impact Report (EIR) that cannot be reduced to less than significant
through feasible mitigations or alternatives. Pursuant to Section 15093, the City Council
determined that the benefits of the Project outweighed the adverse impacts as part of its
resolution certifying the EIR and adopting environmental findings and a Statement of
Overriding Considerations on November 5, 2013 (via Resolution 186-13).
The City Council is now considering the environmental impacts of the project as revised
by the amendments to the General Plan, Dublin Crossing Specific Plan, Crossing
Development Agreement and Eastern Dublin Specific Plan in reaching its decision to
approve the Revised Project. A CEQAAddendum, dated April 21, 2015 has been
prepared that documents that there are no new or substantially more severe significant
impacts resulting from the Dublin Crossing Specific Plan Amendment (2015) — Revised
Project— as compared to the Dublin Crossing Specific Plan Project (2013) — Original
Project.
Even with mitigation, the City Council recognized that implementation of the Revised
Project carries with it unavoidable adverse environmental effects as identified in the
EIR. The City Council specifically finds that to the extent the identified significant
adverse impacts for the Project are not reduced to acceptable levels through feasible
mitigation or alternatives, there are specific economic, social, land use and other
considerations that support approval of the Revised Project.
2. Siqnificant Unavoidable Adverse Impacts. The following significant unavoidable
air quality and traffic impacts are associated with the Revised Project as identified in the
EIR.
Short-term Construction Air Quality — The proposed project would result in future short-
term air quality impacts associated with construction activities, including grading,
operation of equipment, and demolition of existing structures within the project area.
The BAAQMD requires the construction mitigation measures to be implemented at all
construction sites, regardless of size. However, as the proposed project would facilitate
future development and generate construction emissions that could potentially exceed
BAAQMD thresholds, a significant unavoidable impact would occur. (Impact 3.2-1.)
Lonq-term Operational Air Quality —The total unmitigated operational emissions
associated with buildout of the proposed project would exceed the BAAQMD thresholds
for ROG, NOx, PM10, and PM2.5. With application of the measures/design features
regarding area and mobile source emissions within the Specific Plan, operational
1
ATTACHMENT 5 ��( .p•2„
emissions would still exceed the thresholds for ROG, NOx, and PM10. The proposed
project could also result in exposure of sensitive land use in excess of applicable Toxic
Air Contaminant standards, even with mitigation. Therefore, these would be considered
significant and unavoidable impacts. (Impacts 3.2-3, 3.2-5.)
Lonq-term Operational Impacts to Freeway Ramps — The proposed project would result
in a significant impact to the following freeway ramps: Southbound Hacienda Drive to I-
580 Eastbound On-ramp under project and cumulative conditions and Southbound
Tassajara Road to I-580 Westbound On-ramp under cumulative conditions. Mitigation
measures 3.12-7 would require modification of the ramp metering rates so that more
vehicles could access the freeway. However, the freeway ramps are operated by
Caltrans, which sets metering rates based on overall operations in the freeway corridor.
As the cities surrounding the I-580 corridor continue to build out and additional parallel
east/west connectors such as the Stoneridge Drive and Dublin Boulevard extensions
are completed, it is likely that the ramp meter rates would change over time to
accommodate the demand on both the freeway ramps and freeway segments. Because
the future metering rates cannot be predicted with certainty, the project impacts to
freeway ramps would be considered a significant and unavoidable impact. (Impact 3.12-
7.)
3. Overridinq Considerations. The City Council has carefully considered each
impact in reaching its decision to approve the Revised Project. The City Council now
balances those unavoidable impacts against its benefits, and hereby determines that
the unavoidable impacts are outweighed by the benefits of the Revised Project as
further set forth below. Any one of these benefits is sufficient to justify approval of the
Revised Project. The substantial evidence supporting the various benefits can be found
in the record as a whole.
The Revised Project will facilitate development of an infill area, fully served by public
utilities, and convenient to major arterials, services, BART and public transit. The
Revised Project includes medium and medium-high density residential and commercial
uses to make more efficient use of its infill location and proximity to transit facilities.
The Revised Project will allow the City to assist the School District in acquiring a site for
a school in the project area to serve the community.
The Revised Project includes design standards for residential and commercial uses as
well as streetscapes that will result in an attractive and vibrant community. The
Revised Project emphasizes higher density, compact development patterns appropriate
to its location near the BART station and the Iron Horse Trail where a diverse mix of
uses would be readily accessible through alternative transport modes. It also
emphasizes pedestrian level development where walking and bicycling would be safe,
feasible alternatives to automobile trips within the Project area and to or from nearby
neighborhoods, transit and commercial uses. Development standards and design
guidelines provide measures for ensuring attractive, visually appealing development of
private projects and public spaces.
2
The Revised Project includes a significant residential component that will assist the City
in meeting its Housing Element RHNA goals. The potential housing will be at densities
complementary to existing residential and non-residential uses in the area. The Project
will also provide funding for future construction and maintenance of a 30-acre
community park and 5-acre joint-use neighborhood park. This amount of parkland and
funding exceeds what the Project would otherwise be required to provide. The Project
provides an elementary school site. In addition, the developers will contribute $17.5
million to the City for use on municipal capital projects and other benefits as part of the
Development Agreement relating to the Project.
The Project includes the potential for up to 200,000 square feet of revenue producing
commercial development that will create new jobs and sales and property taxes. The
Project is also expected to have a fiscally beneficial impact on the City's financial and
services resources, estimated by the City's financial consultant to be a net benefit of
over $100,000 annually upon full build out. Future development of the site will provide
construction employment and permanent employment opportunities for Dublin
residents.
The Project provides an effective means to implement the City's objectives for the area,
as described in the Specific Plan and EIR. For all of the above reasons, the benefits of
the Revised Project outweigh its significant unavoidable air quality and traffic impacts.
2438727.1
3
May 12, 2015
C O1' D/j6,ej19 '—� 8'2�LIFoO\
SB 343
Senate Bill 343 mandates supplemental materials that have been
received by the Community Development Department that relate to
an agenda item after the agenda packets have been distributed to the
Planning Commission be available to the public. This document is
also available in the Community Development Department, the Dublin
Library, and the City's Website.
The attached document was received in the Community Development
Department after distribution of the May 12, 2015 Planning
Commission meeting agenda packet.
May 12, 2015
Item #8.1
G.Forms&Documents PC-CC Forms\PC Forms\SB 343 Form.doc
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