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HomeMy WebLinkAboutItem 6.4 DublinTransitCtrMDA CITY CLERK File # DlBlQ][Q]-lY3C AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 4,2005 SUBJECT: PUBLIC HEARING: PA 00-013 Dublin Transit Center Amendment to Master Development Agreement - 2nd Reading Report prepured by: Jeri Rom, Planning Manager Cf(--' ATTACHMENTS: I. An Ordinance ofthe City of Dublin approving an Amcndment to thc Master Development Agreement between the City of Dublin and Alameda County Surplus Property Authority for thc Transit Center (with Amendment to Master Development Agreement uttuched us Exhibit A) RECOMMENDATION: ¥ I. Opcn public hearing and receive Staff presentation 2. Take testimony from the applicant and the public 3. Close public hearing and deliberate 4. Waive Second Reading and adopt Ordinancc (Attachment I) approving the Amendment to the Development Agreement FINANCIAL STATEMENT: Thcre is no financial impact at this time, DESCRIPTION: The Dublin Transit Center project area is locatcd gcnerally within the area ofthe Iron Horse Trail to the West, Dublin Boulevard to thc North, Arnold Road to the East, and the 1-580 Freeway to thc South. The Dublin/Pleasanton Bay Area Rapid Transit (BART) Station is located within the Transit Center project arca along the north side of 1-580. In December 2002, the City Council adopted Resolution 216-02 approving a General Plan/Eastern Dublin Specific Plan Amendment which added the Transit Center project area to the Eastern Dublin Specific Plan area and established the approved land uses for the future development. The project also ineluded Stage I Planned Development Zoning approved by Ordinance 21-02 and Tentative Parcel Map No. 7892 approved by Planning Commission Resolution 02-40. Project approval was accompanied by a Master Development Agreement adopted by Ordinance 05-03 in May 2003. The Dublin Transit Center project area allows for the future development of 1,500 residential units on Sites A, Band C; 2-mi1lion square feet of campus offiee on Sites D and E; and 70,000 square feet of ancmary retail uses to be permitted at street level on Sites B through E. Open space wm be provided in the form of a 12.20 gross acre park located on Site F and a I-acre Village Green located between Sites B and C. The Transit Center project area also includes 8.65 gross acres of public/semi-public uses including the future BART parking garage, Pacific Gas & Electric (PG&E) substation, and surface BART parking. ___________________________________________________________~_w____________________________________________w__ COPIES TO: Alameda County Surplus Property Authority In lIouse Distribution lðb4 ITEM NO. Co. '{ G:\PA¡f,í\2000\OO~OlJ Transit Center\da\2005 Arl!endment to DA\CCSR amend àa2ndrcadingJ0-4-05.dnc The Stage 1 Development Plan breaks up Sites D and E into D-l, D-2, E-I and E-2. It provides that Site E~1 could contain up to 300,000 square feel ol'campus office uses and Site D-I could contain up to 190,000 square feet of eampus office uses. In the altemative, up to 300 residential units eould be approved on these sites. Tmplementation of this "flex zoning" would increase the residential unit count of the Transit Center by 300 units to 1800 residential units and decrease the amount of Campus Office by 300,000 square feet. An Ordinance approving a Master Development Agreement between the City ol'Dublin and Alameda County Surplus Property Authoiity (ACSP A) for the Transit Center Development is required by Statc law. The Ordinance was adopted on May 6,2003. Items in the original Development Agreement inelude, but are not 1imited to, vesting approvals for the ability to receive approvals for 1500 residential dwelling units, the financing and timing of infrastmeture; affordable housing and a public art contribution. Alameda County SUTplus Property Authority (ACSPA) has submitted an application with D.R. Horton to exercise the flex zoning on Sitc E-I of the Transit Center. As part ofthat request, the ACSPA has requested an amendment to the Master Development Agreement to reflect an inerease in the total available residential unit eount and reduetion of the Canlpus Office square footage. ANALYSIS: Amendment to Master Development Agreement: The existing Master Development Agreement contains the agreement between ACSPA and the City of Dublin based on a certain mix of development as noted above_ The additional 300 units were not considered when the Master Development Agreement was reviewed and approved by the City Council. Thereforc, the Development Agreement is silent when it addresses how these additional units wí1l meet their Tnelusionary Zoning Requirements. The City's Tnclusionary Zoning Ordinanee requires projccts that eontain 20 or more units to provide 125 percent Inclusionary Units. The developer can either build all 12.5 percent or, at a minimwn, build 7.5 percent and pay in-lieu fees for the remaining 5 pereent. In addition, the Ordinance requires a certain mix of units as follows: 50 pereent moderate, 30 percent very low and 20 percent low. The City Council has the ability to modify these requirements under the eode. The Transit Center project as approved with 1,500 units provided 15 percent TnclusionaryUnits (225 units) with no in-lieu fees, This represents 2-1/2 percent more than is required under the Inclusionary Zoning Ordinanee. The mix of units conforms to the requirements ofthe Inc1usionary Zoning Ordinanee. ACSP A's request for the new 300 units would change the percent and mix; however, it would provide for other benefits that would help the City achieve affordable housing and transportation goals. The City Attorney has prepared the Amended Master Development Agreement with input from Staff and ACSP A. Under the Amended Master Development Agreement, the majority ofthe provisions of the existing Development Agreement (Exhibit A to Attachment I) would remain the same. The main modifieations to the Agreement as a result ofthese units are as follows: . The Developer would make a $4.5 million contribution to the bond reserve fund for the proposed West Dublin BART Station. Should BART not issue the bonds within 2 years, the City could elect to have the obligation continued or could require a payment of 2 million dollars to the City's In-lieu Affordable Housing Fund or for another community benefit. 2 cc:> L.\ · If the developer elects a flex zoning option on either site E-l or D-land the City approves such a project, the additional units (for cxample, 300 units) would pay full in lieu fees. It should be noted that even with this option bcing cxercised, the total amount ofInc1usionary Units at the Transit Center would still be 13.9% whieh is more than the City's minimum under thc Inelusionary Zoning Ordinance of 12.5%. · If the developer elects a flex zoning option on cither E-I or D-l and the City approves such a proj ect, the amount of Campus Office square footage originally designated for that particular site would be removed from the Table of Proposed Land Uses on page 1.13 of the Land Use and Development Plan of the Stage One P.D. for the Transit Center and would not be allowcd to be developed on the site or at the Transit Ccnter, in general. · The Developer agrees to constmct 10 percent affordable units on sites A-I, A-3, Band C. The following table provides a comparison of the implementation ofthe inc1usionary requirement based on 1500 units at 15 pereent and the proposed Amended Development Agreement with 1800 units: MASTER DA REQ. FOR PROPOSED AMENDED 1500 UNITS MASTER DA (15% MUST BUILD) FOR 1800 UNITS Units/fees % of total units Units/fees % oftotul units Moderate-income units 113' 7.5% 138" 7.7% Low-ineome llnits 45" 3% 45 2,5% Very low-income units 67 4.5% 67 3.7% Total 225 250 13.9% Payment None $3,788,9104 In summary, the proposed Amendment to the Master Development Agreement would provide a $4.5 million contribution towards the construction ofthe West BART parking garage or $2 million to the City's inclusionary housing program or other community benefit; provide 25 additional moderate llnits; reduce the 15 pereent inclusionary overall at the Transit Center to 13.9 (above the 12.5 City requirement). ENVIRONMENTAL REVIEW: The City of Dublin, as the Lead Agency, has prepared an Environmental Impact Report and Mitigation Monitoring Program for the above-referenced proposed project. The Draft Environmental Impact Report was available for publie review from July 6,2001 to August 21, 2001 and the City subsequently recirculated an analysis of additional impacts for a 45-day public review period from July 16, 2002 to I The Master DA states that sites Band C must contain 10% moderate income units with the remainder on Site A-I. If the maximum number of units are constructed on Sites B and C, 565 and 405 ¡mits, respectively, the Master DA would require that Site B contain 56 moderate units and Site C contain 40 moderate units. Thc remaining moderate income units to reach the 15% requirement of the Master DA is 17 units, and those units can be constructed on Site A-I. , The County's agreement to add a requirement that 10% of the units on Sites A-I and A-3 be moderate units results in 25 additional moderate units, notwithstanding the fact that the cOlmty would be paying foos associated with the 45 inclusionary Wlits required for the 300 additional units. , The Master DA pennits the County to construct all the very low- and low·income units on Site A-2. 4 This payment is equal to the in-lieu fee amoWlt tor 45 units (15%), which would otheTWise he required to be eonstn,eted for 300 Wlits proposed for E·I. 3 ~~ August 30, 2002. The Environmental Impact report was certified by the City Council on December 3, 2002. Plallllillg Commissioll Actioll: On August 23, 2005, the Planning Commission heard this item at a noticed public hearing and rccommended the approval ofthe Amendment to the Master Development Agreement to the City Council. City Coullcil Meetillg of September 20,2005: On September 20, 2005, the City Council heard a prescntation from Staff, took testimony from the Applicant, waived the reading and introduced an Ordinance approving the Amendment to the Master Development Agreement with Alameda County Surplus Property Authority for the Transit Center. RECOMMENDATION: Staffrecommends that the City Council conduct a public hearing, deliberate, waive the seeond reading and adopt an Ordinance (Attaehment 1) approving the Amendment to the Development Agreement (Exhibit A) between the City of Dublin and Alameda ComIty Surplus Property Authority. 4 ~~ lov<g ORDINANCE NO. XX - 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ** **** * * *** *********** * * * * ** ***"* APPROVING THE AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT FOR PA 00-013 SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY FOR THE DUBLIN TRANSIT CENTER THE CITV COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECIT ALS A. The prop(Jsed Dublin Transit Center is located within the boundaries oftbe Eastem Dublin Specific Plan ("Specific Plan") in an area, whieh is designated on the General Plan Land Use Element Map, and Eastem Dublin Specifie Plan Lad Use Map as High Density Residential, Campus Office and Public/Semi Public land uses. B. Pursuant to tbe California Environmental Quality Act (CEQA), CEQA Guidelines Seetion 15182, the City of Dublin, as the Lead Agency, has prepared an Envirorunental Impact Report and Mitigation Monitoring Program for the above-referenced proposed project. The Draft Environmental Impact Report was available for public review from July 6,2001 to August 21, 2001 and the City subsequently reeirculated an analysis of additional impacts for a 45-day public review period ITom July 16,2002 to August 30, 2002. The Environmental Impact Report was eertified by the City Council on Deeember 3, 2002. C. The City Couneil approved the Master Development Agreement between the City of Dublin and Alameda County Surplus Property Authority by Ordinance No. 5-03 on May 6,2003. D. A public hearing ontbe proposed Amendment to the Master Development Agreement was held before the Planning Conmlission on August 24, 2005, for which public notice was given as provided bylaw. E. The Planning Commission has made its recommendation to the City Council for approval of the Amendment to the Master Development Agreement. F. A public hearing on the proposed Master Development Agreement was held before the City Council on September 20 and October 4, 2005, for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at the August 24, 2005 meeting, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. Section 2, FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are ineorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Speeifie Plan, (e) the EIR, (f) the individual Mitigated Negative Deelarations (g) the Agenda Statement, and on the basis ol'the specific conelusions set forth below, the City Council finds and determines that: 1. The Amendment to the Master Development Agreement is consistent with the objeetives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that (a) the General Plan and I~~~~~ ~ ATTACHMENT \ '2 0() 'i. Spccifie Plan land use designation for the site are High Density Residential, Canlpus Offiee and Public/Semi Public Land Uses and thc proposed project is a project consistent with that land use, (b) the project is consistent with the fiscal polieies of the General Plan and Specific Plan with respeet to provision ofinfrastrueture and public serviees, and (e) the Amendment to the Master Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Speeific Plan. 2. The Amendment to the Master Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is loeated in that the project approvals include a PD District Overlay Zone for the Dublin Transit Center and Vesting Tentative Map, General Plan and Specific Plan Amendment and Site Development Review. 3. The Amendment to the Master Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Dublin Transit Center wíl1 implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential, commercial, parks, public and semi-public, open space and campus offiee uses at this location. 4. The Amendment to the Master Development Agreement wíl1 not be detrimental to the health, safety and general welfare in that the project will proceed in aecordance with all the programs and polieies of the Eastern Dublin Specific Plan. 5. The Amendment to the Master Development Agreement wiJI not adversely affect thc orderly development of property or the preservation of property values in that the project wíl1be consistent with the Gencral Plan and with the Specific Plan. Section 3. APPROVAL The City Council hereby approves the Amendment to the Development Agreement (Exhibit A) and authorizes the Mayor to sign. Section 4. RECORDATION Within ten (10) days after the Development Agreements are fuJIy 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 shaJI 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 ofthe State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 4th day of October, 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA/¡I\2O\)(IIOO-O!3 T¡';j,n~l( Ctl'11~rl(l¡¡.\OkDTN'^NC.E AMENDMENT 9,20·0.5.001.' ") ,.., ,) [i)-,'r, City of Dublin When Recorded Mall To: City Clerk City of Dublin . 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's Use FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY FOR THE DUBLIN TRANSIT CENTER PROJECT EXHIBIT A ll· ,.- - j. "';'~ ,..," ¡ , THIS AMENDMENT is made and' entered in the City of Dublin on this _ day of _' _' by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "City"), and SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA, a Public Corporation (hereafter "Developer"), pursuant to the authority of §§ 65864 at seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS . A. Developer and City are parties to that certain Master Development Agreement Between the City of Dublin and Surplus Property Authority of Alameda County for the Dublin Transit Center Projecf, dated May 6, 2003 ("the Agreement"), which was entered into pursuant to California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter 'Chapter 8.56"); and B. Developer, pursuant to the Agreement, proposes the development of the Dublin Transit Center Property with a mixed use project to include a viHage green, approximately 1,500 high-density residential Ulilts (referred to as Sites A, B and C), approximately two million square feet of campus office ranging in height from eight to tenstor/es (referred to as Sites D-1, D-2, E-1, and E-2), anelghborhood park (Site F), approximately 8.65 acres of public/semi public uses Including a parking garage for the adjacent BART station and public roads (DeMarcus Boulevard, Iron Horse Parkway, Campus Drive and Altamirano Road) (together, the "Dublin Transit Center Project"); and· C. City granted various land use approvals In connection with the development of the Dublin Transit Center Project, including a Planned Development Rezoning and Stage 1 Development Plan (Ordinance 21-02), which allow Developer to propose development of up to 300 additional residential units on certain property within the Transit Cel1ter Project designated "Campus Office" under the Eastem Dublin Specific Plan (known as Site D-1 and Site E-1), in accordance with Policy 4-4 of the Eastern Dublin Specific Plan. D. The Agreement requires that the project comply with the City's Inclusionary zoning ordinance in effect at the time of Site Development Review, and requires that 15% of the residential units be Inclusionary Units, even though the Inclusionary Zoning Regulations only require that 12.5% of the units be Incluslonary Units and permit up to 40% of that obligation (or 5% of the total number of units in the Project as a whole) to be satisfied by the payment of a fee in-lieu of construction of fhe Inclusionary Units; and E. Under the approvals, the 300 units may be constructed on Sites D and E, . or all may be constructed on either Site D·1 or E-1. If those units were all constructed on Site E-1, the maximum square footage of campus office on Sites D and E would be reduced by 300,000 square feet; and First Amendment to Development Agreement Between City of Dublin Surplus Property Authority for the Transit Center 776137_6;114,,40 Page 1 of 5 August 18, 2005 rS t·} ¡:', F. Developer desires to amend the Agreement to provide that If It applies for and receives final approvals to construct 300 residential units on Site E-1 (a) Instead of constructing the required Incluslonary units In Site E·1 Project it may make a payment to the City equal to the amount of the City's then-current In-lieu fee under the Inclusionary Zoning Regulations and (b) 10% of the units on Sites A-1 and A-3 will be moderate income units, which would result in an additional 25 moderate Income units on the residential Sites A, B, and C; and G. The City Is arnenable to Developer's proposed amendments because the proposal would still meet or exceed the requirements under the Inclusionary Zoning Regulations for the Dublin Transit Center Project as a whole; and H. Developer and City are negotiating with BART regarding funding towards construction of the proposed West Dublin BART station. DeveloPer has agreed to· provide certain funding toWards construction of the proposed West Dublin BART station and City desires to see that station constructed. Developer's commitment is a result of Its development of a garage at the East Dublin BART station and future development of Site C, as well as its desire to see regional transportation improvements. \. The City Council has found that. among other things, this Development Agreement is consistent with Its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with Chapter 8.56; and J. On October _,2005, the City Council of the City of Dublin adopted Ordinance No. _-_ approving this Amendment to the Agreement. The ordinance took effect on 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 TO AGREEMENT Section 1. Amendment to Section 12 of the Aareement. Section 12 of the Agreement Is hereby amended in Its entirety to read as follows: "Section 12. Affordable Housinc. a. DEVELOPER shall comply with the provisions of CITY's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) in effect at the time of approval of Site Development Review. b. Ail required low Income and vary-low income units for the entire Dublin Transit Center Project may be located on Site A-2, a portion of Site A. First Amendment to Development Agreement Between City of DUblin Surplus Property Authority for the Transit Center 7761!¡_~:114,140 Page 2 of 5 August 18, 2005 ., Ie (\},., 'f. c. All required moderate units for the entire Dublin Transit Center Project may be located on Sites A-1, A-3, B, and C. Cityshall require ten percent (10%) of the units on Sites A-f, A-3, B, and C to be moderate units. CITY shall use the definItion in Dublin Municipal Code §8.68.020.D [80% to 120% of median income, as adjusted] for "moderate income." d. A minimum of 15% ofthe total units constructed on the Dublin Transit Center Property shall be Inclusionary Units consistent with the Incluslonary Zoning Ordinance. e. Notwithstanding the foregoing. if Developer receives final entitlements to construct 300 residential units on Site E-1, the requirement under Subsection 12.d that 15% of the units belnclusionary Units shall not apply to the units constructed on Site E-1 If DEVELOPER makes a payment to CITY prior to the issuance of first building permit for a residential unit within Site E-1 equal to the number of Inclusionary Units that would otherwise be required to be constructed pursuant to Subsection 12.d multiplied by the amount of the then-current in-lieu fee under the Incluslonary Zoning Regulations. Pursuant to Resolution No. 56-02, the current amount of the in-lieu fee is $84,198 per Incluslonary Unit. (I). By way of example, if DEVELOPER received final entitlements to construct 300 units on Site E-1, prior to issuance of first building permit, it could elect to make a payment to the City equal to $3,788,910.00, assuming the current in-lieu fee amount. If this payment were made, DEVELOPER would not be obligated to construct 45 Inclusionary Units on Site E-1, as would otherwise be required by Subsection 12.d. f. DEVELOPER shall enter into an affordable housing agreement, as required by the Incluslonary Zoning Ordinance, for each project within the Dublin Transit Center. Each project on Sites A-1, A-3, B and C shall Include a minimum offen percent (10%) moderate units. The affordable housing agreement shall assure that construction of the inclusionary units occurs contemporaneously with construction of the market rate units on Sites A-1, A-S, Band C. No building permit for any building on Sites A-1 or C shall be issued unless the building permits for all low income and very-low income units on Site A-2 have been issued and construction of such units has commenced. g. This section shall survive termination of this agreement." First Amendment to Development Agreement Between City of Dublin Surplus Property Authority for the Transit Center 776137_";114.'40 Page 3 of 5 August 18, 2005 ~·7 '" I ". . \..,;), f .\ Section 2. Addltion of Section 35 to the Aareement. Section 35 Is added to the Agreement to read as follows: "Section 35. Contribution to West Dublin BART Station. Developer will make a contribution of $4.5 million to the bond reserve fund for the proposed West Dublin BART station. The contribution will be made at the same time and be subject to the same terms as the proposed anticipated contribution that City will make to the bond reserve fund for such station, to be used by BART for debt service on the bonds if the fare revenues from the station are not adequate to pay the debt service. The parties anticipate that the Developer's contribution will be made as follows: $2.25 million will be paid when BART Issues bonds for construction of the station and $2.25 million will be paid when construction Is completed. When such events occur, Developer will pay said monies to BART and will Immediately provide City with a copy of such payment. In the event that (a) BART does not Issue bonds within two years of the effective date of this amendment, (b) Developer is released by BART from its obligation to make a contribution of $4.5 million to the West Dublin BART reserve fund and (c) City agrees that Developer's $4.5 million contribution will no longer be required for the West Dublin BART station, Developer will make an additional inclusionary zoning in-lieu fee payment to City of $2 million (two million dollars) or a payment of $2 million (two million dollars) to City for community uses. This section shall survive termination of this agreement." Section 3. Counteroarts. This Agreement may executed in two (2) duplicate originals, each of which is deemed to be an original. Section 4. Recordation. CITY shall record a copy of this Agreement within ten days following execution by all parties. First Amendment to Development Agreement Between City of Dublin Surplus Property Authority for the Transit Center 776137_";114.140 Page 4 of 5 August 1B. 2005 c" ,0 () l'b> IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN: By: Date: Janet Lockhart, Mayor ATTEST: By: Dafe: Kay Keck, City Clerk Approved as to Form: Elizabeth H. Sliver, City Attorney SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY: 1.Ja~ , J Its Manager Date: B1lg(,,~ First Amendment to Development Agreement Between City of Dublin Surplus Property Authority for the Transit Center T78137_~;114.140 Page 5 of 5 August 18, 2005