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'~~~~~z STAFFREPORT CITY CLERK
~~~~LI~ ~~ DUBLIN CITY COUNCIL File #^~~ C~^-0^(~
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DATE: November 2, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE • Dublin Transit Center Site E-1 (Esprit at Dublin Station) - Planned Development
Rezone with a related Stage 1 Development Plan Amendment and Stage 2
Development Plan and an Amendment to the Development Agreement for the
Dublin Transit Center Site E-1 Project. (PA 09-002)
Prepared By: Kristi Bascom, Principal Planner ~j
EXECUTIVE SUMMARY:
D.R. Horton, Inc. is proposing to construct a multi-family residential townhouse community with
105 units on ± 4.1 net acres of land within the Dublin Transit Center project on Site E-1. A
Planned Development Rezone will allow the development of either the 105-unit Esprit at Dublin
Station Project (proposed) or the 300-unit Metropolitan at Dublin Station project (previously-
approved). The proposed amendment to the existing Development Agreement for the project
site relates to the allowed density of uses (to permit the 105-unit project), an extension of the
existing Agreement term by seven years, an amendment to the affordable housing obligations
for the property, and a provision on a public art fee.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: a) Waive the reading and adopt an Ordinance
approving a Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan for the Esprit at Dublin Station project; and b)
Waive the reading and adopt an Ordinance approving Amendment 1 to the Development
Agreement for Dublin Transit Center Site E-1 (Esprit at Dy~in Sta~on).
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ubmitted By R ie ed By:
Community Development Director Assist t ity Manager
Page 1 of 3 ITEM NO. ~• ~
DESCRIPTION:
Background:
The 4.13-acre site, referred
to as site "E-1" in the Transit
Center Stage 1 Development
Plan, is located within the
Eastern Dublin Specific Plan
area. The site has a General
Plan land use designation of
Campus Office and is in a
Planned Development Zoning
District. The site is currently
vacant and is surrounded by
the Avalon Dublin Station
residential project to the
west, vacant land to the
south and the east, and
Camp Parks to the north
across Dublin Boulevard, as
shown on the Figure 1 to the
right.
The site is rectangular and flat, and is located less than a quarter mile from the East
Dublin/Pleasanton Bay Area Rapid Transit (BART) station.
In December 2002, the City Council approved a General Plan/Eastern Dublin Specific Plan
Amendment (Resolution 216-02); approved a Stage 1 Planned Development Zoning (Ordinance
21-02); and approved Tentative Parcel Map 7892 (Resolution 02-40), for the Dublin Transit
Center.
A Master Development Agreement for the Dublin Transit Center was adopted in May 2003
(Ordinance 5-03) and together with the approved General Plan/Eastern Dublin Specific Plan
Amendment, Stage 1 Planned Development Zoning, and Vesting Tentative Tract Map,
established the land use approvals for the future development of the site. The Master
Development Agreement was then amended to set forth affordable housing obligations in the
project area (Ordinance 25-05).
In March of 2006, D.R. Horton received approval of a 300-unit condominium project
(Metropolitan at Dublin Station) with approximately 15,000 square feet of ground floor retail on
the E-1 project site. The approvals included a Planned Development Rezone with a related
Stage 2 Development Plan, Vesting Tentative Map, Site Development Review, and
Development Agreement. The Development Agreement vested the project approvals for five
(5) years, which are set to expire in March 2011.
Project Proposal:
The Esprit at Dublin Station project includes 105 residential condominium units at a density of
25.4 units per acre. Thirteen individual buildings will be constructed on the property along with
a private drive (Esprit Way) that will bisect the property and provide internal vehicular access to
the units. Residential parking is provided in private garages and guest parking is provided on
site as well as on the adjoining streets. Pedestrian portals occur at the ground level of most
Page 2 of 3
Figure 1: Vicinity Map
buildings and allow for pedestrian connections from Martinelli Way through to 7,300 square foot
space adjacent to Dublin Boulevard that includes a grass and garden area.
The Applicant is seeking approval of a Planned Development Rezone with an amendment to
the Stage 1 Development Plan and a Stage 2 Development Plan and an Amendment to the
Development Agreement for the project site to permit the 105-unit Esprit at Dublin Station
project to be built.
This project proposal is unusual in the fact that the accompanying Stage 1 Development Plan
amendment for the Esprit at Dublin Station project will permit the construction of either the 300-
unit Metropolitan at Dublin Station project (approved March 2006) or the 105-unit Esprit at
Dublin Station project (current proposal). Both of the projects will have entitlements for the
same piece of property and it will be up to the Applicant or a future developer to determine
which project will eventually be constructed.
On October 19, 2010, the City Council held a public hearing on the project, waived the reading,
and introduced two Ordinances: 1) an Ordinance approving a Planned Development Rezone
with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan for the
Esprit at Dublin Station project (Attachment 1); and 2) an Ordinance approving Amendment 1 to
the Development Agreement for the Dublin Transit Center Site E-1 (Esprit at Dublin Station)
(Attachment 2).
For a detailed analysis of the Project, please refer to the October 19, 2010 City Council Staff
Report (Attachment 3).
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), the City Council finds that the
Project is exempt from CEQA pursuant to Government Code section 65457 because it is a
residential project that is consistent with a specific plan for which an EIR has been certified.
The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin
Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1
Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH
2001120395) which was certified by City Council Resolution No. 215-02 dated November 19,
2002. The City Council finds that no further environmental review under CEQA is required for
the proposed Project because there is no substantial evidence in the record as a whole that any
of the standards under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for
the preparation of a subsequent or supplemental EIR are met.
ATTACHMENTS: 1) Ordinance approving a Planned Development Rezone with a
related Stage 1 Development Plan Amendment and Stage 2
Development Plan for the Esprit at Dublin Station project
2) Ordinance approving Amendment 1 to the Development
Agreement for Dublin Transit Center Site E-1 (Esprit at Dublin
Station), with Amendment 1 to the Development Agreement
included as Exhibit A
3) October 19, 2010 City Council Staff Report (without
attachments)
Page 3 of 3
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ORDINANCE NO. XX - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
APPROVING A PLANNED DEVELOPMENT REZONE WITH A RELATED STAGE 1
DEVELOPMENT PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN
FOR THE ESPRIT AT DUBLIN STATION PROJECT
APN 986-0034-011-00
PA 09-002
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Esprit at Dublin Station project site is 4.13 acres bounded by Dublin Boulevard and
Martinelli Way between Iron Horse Parkway and Campus Drive. City Council Ordinance No. 21-
02 rezoned the approximately 91 acre area known as the Dublin Transit Center ("the Transit
Center") to a Planned Development Zoning District and adopted a Stage 1 Development Plan
for the entirety of the site. The 4.13 acre Esprit at Dublin Station project site is within the 91-
acre Transit Center, and is referred to as site E-1 in the Stage 1 Development Plan.
B. In 2006, the Applicant received entitlements for a 300-unit residential project on the site with
up to 15,000 square feet of commercial space. The project approvals included the Metropolitan
at Dublin Station Planned Development Rezone with a related Stage 2 Development Plan (City
Council Ordinance 04-06), a Vesting Tentative Parcel Map 7667 (Planning Commission
Resolution 05-68), Site Development Review (City Council Resolution 06-06) and a
Development Agreement (City Council Ordinance 05-06).
C. The Applicant is seeking approval for an Alternate Project that could be constructed in place
of the Metropolitan at Dublin Station project should market conditions warrant. The Esprit at
Dublin Station Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan, as proposed, would permit the future development
of up to 105 residential units on the project site. The Stage 2 Development Plan establishes the
permitted, conditionally permitted, and accessory uses, site plan, site area and maximum
proposed densities, maximum numbers of residential units by type, development regulations,
architectural standards, and preliminary landscape plan for the 105-unit development.
D. The Planning Commission recommended adoption of the Planned Development Rezone
with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan through
Resolution 10-36 following a properly noticed public hearing on August 24, 2010.
E. The City Council considered the Planning Commission recommendation at two properly
noticed public hearings on October 5, 2010 and October 19, 2010 at which time all interested
parties had the opportunity to be heard. The City Council considered the prior environmental
documents, and all above referenced reports, recommendations and testimony to evaluate the
Project, including the Planned Development zoning.
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ATTACHMENT 1
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Section 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as
follows:
1. The Esprit at Dublin Station Planned Development Zoning, including the Planned
Development Rezone with a related Stage 1 Development Plan Amendment and
Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 in that the
development plan contains a desirable use of land that complements surrounding
land uses, in particular that it provides a new type of residential unit to the Transit
Center areas while continuing the concentration of high-density residential
development envisioned in the Transit Center Stage 1 Development Plan.
2. The Planned Development Re2one with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan will be harmonious and compatible with
existing and potential development in the surrounding area in that the Project will
implement the high-density scale of development envisioned at the Transit Center in
the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to
the character and density of existing development in the surrounding area and will
create a good transition between the higher density residential units built in the Transit
Center and potential future residential development across Dublin Boulevard at Camp
Parks. It will provide attractive and interesting buildings and will provide pedestrian
and bicycle connectivity between the BART station and Dublin Boulevard.
B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council
finds as follows:
1. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan will be harmonious and compatible with
existing and potential development in the surrounding area in that: 1) the proposed
development is consistent with the approved development for this property as
approved under the Stage 1 Planned Development Zoning (as amended); 2) the
proposed project is compatible with the surrounding area which is comprised of
residential and commercial development; 3) the residential development will be
compatible with the approved adjacent Avalon Bay development because the
development consists of high-density townhouse units; 4) as designed, the
architecture of the building including roof forms, colors and materials is compatible
with the roof forms, colors and materials of the existing and approved buildings in the
vicinity; and 5) as shown on the Landscape Plans, the proposed landscaping is
compatible with the existing and approved landscaping in the area including
landscaping along Dublin Boulevard and street trees which conform to the
requirements of the Dublin Transit Center Plan.
2. The Project site is physically suitable for the type and intensity of the zoning disfrict
being proposed in that: 1) the Stage 1 Planned Development Zoning identified this
property as having the potential to be developed with office, housing and/or retail and
the proposed project will have high-density residential units which will conform to the
approved land use for the property; 2) the proposed development will result in a
density of 25.4 dwelling units per acre which is compatible with the High-Density
Residential land use designations in the surrounding neighborhood; 3) the proposed
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density and height of the buildings (three stories) will be compatible with the height of
buildings in the surrounding area and will be compatible with the site which is located
near the Dublin/Pleasanton BART station and a higher density is warranted to
encourage use of the station and to take advantage of the close proximity to the
public transit center; and 4) the proposed lot coverage of 47% is compatible with the
approved and future Dublin Transit Center developments.
3. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan will not adversely affect the health or
safety of persons residing or working in the vicinity or be detrimental to the public
health, safety and welfare because: 1) the proposed project will result in a high-
density residential project that is compatible with existing and future development in
the area as identified in the Dublin Transit Center Plan; 2) the site layout and design
of the proposed buildings (project site) is compatible with the site layout and design of
buildings in the neighborhood; and 3) as conditioned, the buildings will be operated in
such a manner as to reduce impacts on the surrounding neighborhood.
4. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan is consistent with the Dublin General
Plan and Eastern Dublin Specific Plan in that: 1) the proposed 105 townhouse units
are compatible with the approved uses for the site; 2) the overall design of the project
is consistent with the design requirements discussed in the Dublin Transit Center
Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan
because the Plan states that the Transit Center area should have a mix of uses and
should have a pedestrian friendly environment which the proposed project achieves
through the design of the residential project, site layout, and landscaping which
together promote the use of the street and create a more pedestrian friendly
environment; 4) the Proposed Project provides a new housing type that is not yet
present in the Transit Center area to serve the needs of residents and employees in
the neighborhood; 5) the proposed development is compatible with the General Plan
Land Use designation of Campus Office that allows for the flexible use of the property
as high density residential; 6) the proposed project is compatible with the General
Plan Implementing Policy 2.1.1.B which encourages high density residential projects
where higher density is compatible with the surrounding uses and the density of the
project is compatible with surrounding developments and a higher density in this case
is warranted due to the location of the BART station which is less than one quarter of
a mile from the property; and 7) the proposed project meets the intent of the Dublin
General Plan that discourages projects that do not relate well to the surrounding
developments and the proposed project is compatible with the neighborhood which
includes office, high density residential and retail uses including mixed-use
developments which are located across the street from and adjacent to (future) the
property.
C. Pursuant to the California Environmental Quality Act, the City Council finds that the
Project is exempt from CEQA pursuant to Government Code section 65457 because it is a
residential project that is consistent with a specific plan for which an EIR has been certified. The
Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit
Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002. The City
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Council finds that no further environmental review under CEQA is required for the proposed
Project because there is no substantial evidence in the record as a whole that any of the
standards under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for the
preparation of a subsequent or supplemental EIR are met.
D. All of the above referenced resolutions and ordinances are incorporated herein by
reference and available for review at City Hall during normal business hours.
Section 3. ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is
amended to rezone the following property ("the Property") to a PD-Planned Development
district:
4.13 acres at the southwest corner of Dublin Boulevard and Iron Horse Parkway
(APN 986-0034-011-00).
A map of the rezoning area is shown below:
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Section 4. STAGE 1 DEVELOPMENT PLAN AMENDMENT
The Stage 1 Development Plan is amended in the following locations:
Page 1.12: Add a paragraph under the heading "Campus Office Uses": "In order to
permit development on Site E-1 that responds to residential market conditions, it is
permissible for the site to have dual entitlements and for two separate and distinct
projects to receive approvals for fhe same site. Should this situation occur, both projects
would need to be consistent with this Stage 1 Development Plan and the Development
Agreement prepared for the project(s) would need to address the potential for either
project. Once a Developer commences with development of one of the projects on Site
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LOCATION MAP
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E-1, the rights relating to the other project not developed shall be terminated. The term
"commences with development" shall mean the issuance of any building permit."
Pages 2.22 and 2.25: The project street frontage along Iron Horse Parkway is proposed
to change from a 18' wide sidewalk with 5' tree grate to a 16' sidewalk with a 5' tree
grate. The text on Page 2.22 and Street Section A-A on Page 2.25 will need to strike the
reference to 18' and replace with 16'.
Pages 2.28 and 2.29: The building setback along Martinelli Way is proposed to change
from 16' to variable. The text on Page 2.28 and Street Section E-E on Page 2.29 will
need to strike the reference to 16' and replace with "variable".
Pages 2.30 and 2.32: The project street frontage along Campus Drive is proposed to
change from a 12' sidewalk with a 6' tree grate to a 10' sidewalk with a 5' tree grate. The
text on Page 2.30 and Street Section G-G on Page 2.32 will need to strike the reference
to 12' and replace with 10' and strike the reference to 6' and replace with 5'.
Section 5. STAGE 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the subject
property are set forth in the following Stage 2 Development Plan, which is hereby approved.
The Stage 2 Development Plan permits the development of up to 105 townhomes pursuant to
an approved Site Development Review. Any amendments to the approved Stage 2
Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code.
The Stage 2 Development Plan consists of the items and plans identified below.
1. Statement of compatibility with Stage 1 Development Plan
The project proposal includes an amendment to the existing Stage 1 Development Plan that was
approved by the City Council in December 2002 via Ordinance 21-02. The 105-unit Esprit at
Dublin Station project is consistent with the allowed land uses as well as the design
requirements discussed in the Dublin Transit Center Stage 1 Development Plan. Once the
amendment is approved through the adoption of this ordinance, the Stage 2 Development Plan
will be compatible with the Stage 1 Development Plan (as amended).
2. Statement of uses.
The Permitted, Conditionally Permitted, Accessory, and Temporarily Permitted land uses
allowed under the Esprit at Dublin Station Planned Development zoning district include, but are
not limited to, the following:
Permitted Uses:
Accessory uses (As permitted by Ordinance 21-02, the Dublin Transit Center Stage 1
Planned Development Zoning Development Plan (PA 00-013) and with Chapter 8.40
(Accessory Structures and Uses Regulations) of the Dublin Zoning Ordinance)
Community Care Facility/Small
Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance)
Multi-Family Dwelling
Private Recreation Facility (for homeowner's association and/or tenant's use)
Small Family Daycare Home
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Temporary Uses:
Temporary Construction Trailer in accordance with Chapter 8.108 (Temporary Uses Permit
of the Dublin Zoning Ordinance.
Tract and Sales Office/Model Home Complex in accordance with Chapter 8.108 (Temporary
Uses Permit of the Dublin Zoning Ordinance
3. Stage 2 Site Plan
The Stage 2 Development Plan is shown below and is also included as Sheet SP-1 in the
Project Plan Set, dated received June 28, 2010, on file at the Community Development
Department. The site plan illustrates potential building envelopes.
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4. Site area, proposed densities.
Land Use Designation Site Net Number of Units Net Density
Acres
Campus Office 4.13 105 25.4 du
(flex parcel)
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5. Development Regulations.
The Development Regulations for the future development of the Esprit at Dublin Ranch project
are included below.
Develo ment Standard
Lot Area: +4.13 acres (net)
Setbacks: 8-20+ feet (varies) alon Dublin Boulevard
varies feet along Iron Horse Parkway
varies feet alon Martinelli Wa
varies feet alon Campus Drive
Sidewalk width 16 feet alon Iron Horse Parkwa
10 feet alon Campus Drive
14 feet alon Martinelli Wa
17 feet alon Dublin Blvd
Hei ht Limits: 3 stories and 40 feet
Re uired Parkin :
Parkin required 158 spaces
Guest Parking (included
in total required 24 spaces
Lot Covera e: 47%
Unit Summary:
Unit Type Sq. Ft. No. of Units
Plan 1- 2 Bedroom 1,174 5
Plan 2- 2 Bedroom 1,208 19
Plan 3- 2 Bedroom 1,440 23
Plan 4- 3 Bedroom 1,547 13
Plan 5- 3 Bedroom 1,610 45
Total Numbe r of Units 105
6. Architectural Standards.
The architectural concept for the project was to create a design that, when integrated with other
projects in the Dublin Transit Center, would create an "Urban Village," that would encourage
pedestrian movement and activity throughout the Transit Center. To achieve this, considerable
attention was focused at the base of the building. Residential stoops have been located along
Iron Horse Parkway, Campus Drive, and Martinelli to activate the streets. Each stoop directly
ties to the sidewalk and has a porch located 3 to 4 feet above street level.
All of the units are three-story town-homes and are joined together to form large buildings
around the site perimeter. This concept creates a strong street presence that contributes to the
project's urban character. Wood rafter tails, stacked stone, and trellis elements accent a mostly
stucco body and concrete roof tiles provide some weight to the building and help emphasize the
pedestrian portals that run through the buildings. -
Pedestrian portals occur at the ground level of most building types and allow for pedestrian
connections from Martinelli Way through to the recreation facilities adjacent to Dublin Boulevard.
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Connections are also formed from Iron Horse Parkway and Campus Drive to the site's interior.
The pedestrian portals are provided to create both a visual link to the interior of the project, as
well as to encourage pedestrian movement throughout the Transit Center.
Since Dublin Boulevard is a major thoroughfare, pedestrian connection to the street is
minimized. There are no units fronting this street. Instead, buildings and a six-foot screen wall
designed to compliment the architecture form this edge layered by landscaping. The
architectural design of the base of the building was also developed to encourage a pedestrian
scale. In addition to the stoop units and entry portals, the building was designed with a series of
arched openings at the base of the building to create a strong rhythm at the pedestrian level.
The pedestrian level is further complimented with ornamental railings and decorative light
fixtures to create human scale at the buildings' base.
The proposed architecture is compatible with the approved buildings in the Transit Center and
buildings in the area. Architectural detailing on the building is reflective of styles that are
prevalent in the City of Dublin. The massing and form of the buildings are also compatible with
the surrounding buildings. The proposed colors and materials include stucco siding with stacked
stone accent walls, tile roofs, wrought iron stair and porch railings, and decorative metal grills
over the pedestrian portals. The proposed stone and earth tones are compatible with the design
of this project as well as the adjacent buildings.
7. Preliminary Landscaping Plan
The Preliminary Landscape Plan is shown below and is also included as Sheet L-1 in the Project
Plan Set, dated received June 28, 2010, on file at the Community Development Department.
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8. Other information
Inclusionary Zoning regulations: The Inclusionary Zoning requirements for this
Project shall be as set forth in the Development Agreement as amended.
Section 6. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use,
development, improvement, and maintenance of the Project area shall be governed by the
provisions of the closest comparable zoning district (R-M Multi Family Residential Zoning
District) except as provided in the Stage 2 Development Plan.
Section 7. 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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 2"a
day of November 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\PA#~2009\PA 09-002 Site E-1\CC 11 02 2010Wtt 1- PD Stage 2 Ord.DOC
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ORDINANCE NO. XX - 10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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APPROVING AMENDMENT 1 TO THE DEVELOPMENT AGREEMENT FOR DUBLIN
TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN STATION) PA 09-002
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Dublin Transit Center Site E-1 ("Project") is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area, which is designated
on the General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map
for a combination of High Density Residential, Campus Office and Public/Semi Public land uses.
B. Pursuant to the California Environmental Quality Act (CEQA), this Project is exempt
from CEQA pursuant to Government Code Section 65457 which exempts residential projects
that are consistent with a specific plan from further environmental review. Additionally, the
Project is within the scope of the Final Environmental Impact Report for the Dublin Transit
Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002 (Transit
Center EIR). Furthermore, there are no supplemental impacts that would require preparation of
a Supplemental Environmental Impact Report.
C. A Development Agreement between the City of Dublin and Western Pacific
Housing (doing business as D. R. Horton) was approved in March 2006 (Ordinance 5-06).
Amendment 1 to the Development Agreement has been presented to the City Council. The
Amendment is attached to this Ordinance as Exhibit A.
D. A public hearing on the proposed Amendment 1 to the Development Agreement
was held before the Planning Commission on September 14, 2010, for which public notice was
given as provided by law.
D. The Planning Commission has made its recommendation to the City Council for
approval of Amendment 1 to the Development Agreement (Resolution 10-39, incorporated
herein by reference).
F. Public hearings on the proposed Development Agreement were held before the
City Council on October 5, 2010 and October 19, 2010, 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 its September 14, 2010 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.
ATTACHMFNT 2
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Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein; (b)
the City of Dublin's General Plan; (c) the Eastern Dublin General Plan Amendment; (d) the
Specific Plan; (e) the Transit Center EIR; and (f) the Staff Report, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The Agreement is consistent with the objectives, policies, general land uses and
programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern
Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be
Planned Development and that the proposed Site E-1 residential development is consistent with
that designation; b) the project is consistent with the fiscal policies in relation to provision of
infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the
Agreement sets forth the rules the Developer and City will be governed by during the
development process which is required by the Eastern Dublin Specific Plan and the Mitigation
Monitoring Program of the Eastern Dublin Specific Plan.
2. The Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located in that the project
approvals include amended Planned Development Rezone, Site Development Review and
Vesting Tentative Maps.
3. The Agreement is in conformity with public convenience, general welfare and good
land use practice in that the Developer's project will implement land use guidelines set forth in
the Eastern Dublin Specific Plan/General Plan and the Dublin Transit Center Stage 1
Development Plan.
4. The Agreement will not be detrimental to the health, safety and general welfare in
that the development will proceed in accordance with the Agreement and any Conditions of
Approval for the Project.
5. The Agreement will not adversely affect the orderly development of the property or
the preservation of property values in that the development will be consistent with the City of
Dublin Eastern Dublin Specific Plan/General Plan.
6. Pursuant to the California Environmental Quality Act, the City Council finds that
the Project is exempt from CEQA pursuant to Government Code section 65457 because it
implements a residential project that is consistent with a specific plan for which an EIR has been
certified. The Project is within the scope of the certified Transit Center EIR. The City Council
finds that no further environmental review under CEQA is required for the proposed Project
because there is no substantial evidence in the record as a whole that any of the standards
under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for the preparation
of a subsequent or supplemental EIR are met
Section 3. APPROVAL
The City Council hereby approves the Amendment No. 1 to the Development Agreement
(Exhibit A to the Ordinance) and authorizes the Mayor to execute it.
Section 4. RECORDATION
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Within ten (10) days after the Amendment No. 1 to the Development Agreement is fuliy
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 2nd day of
November 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#120091PA 09-002 Site E-11CC 11 02 20101Att 2-DA Ord.DOC
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dubiin
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
WESTERN PACIFIC HOUSING, INC.
FOR THE DUBLIN TRANSIT CENTER E-1 PROJECT
EXHIBIT A TO
ATTACHMENT 2
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THIS Amendment No. 1 to the Development Agreement Between the City
of Dublin and Western Pacific Housing ("AmendmenY') is made and entered in
the City of Dublin on this _ day of , 2010, by and between the City of
Dublin, a Municipal Corporation (hereafter "City"), and Western Pacific Housing,
Inc, a Delaware corporation, doing business as D.R. Horton (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 Agreement 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 "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain
development rights in such property.
2. Developer desires to develop and holds legal interest in certain real
property consisting of approximately 4.1 acres of land, located in the City of
Dublin, County of Alameda, State of California, which is more particularly
described in Exhibit 1 attached hereto and incorporated herein by this reference,
and which real property is hereafter called the "Property". The Property is
generally known as the "Transit Center Site E-1" and is part of the Transit Center
Property located adjacent to the Dublin BART station.
3. Pursuant to that authority, City and Developer entered into that
certain "Development Agreement Between the City of Dublin and Western Pacific
Housing, Inc for the Dublin Transit Center Site E-1 ProjecY', dated February 7,
2006 and recorded in the Official Records of Alameda County ("Official Records")
on March 10, 2006, as document number 2006-090936 ("the Agreement").
4. Developer previously proposed the development of the Property
with 300 residential units and approximately 15,000 square feet of ground floor
retail. The City approved various land use approvals in connection with the
development of the Property, and the Agreement referred to the proposal and the
associated development approvals as, respectively, "the Project" and "the Project
Approvals." The "Project Approvals" included, without limitation, a Stage 2
Development Plan (Ord. No. 4-06), Site Development Review (City Council
Resolution No. 6-06) and a vesting tentative parcel map (Planning Commission
Resolution No. 05-68). The Project Approvals remain in effect.
5. Developer now proposes the development of the Property with 105
residential units as an alternative approval ("the Alternate ProjecY'). The
Developer has applied for, and the City has approved or is processing, various
land use approvals in connection with the development of the Alternate Project,
Amendment No. 1 to the Development Agreement Between the City of Dublin and Western
Pacific Housing for the Dublin Transit Center Site E-1 Project Page 2 of 5
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including, without limitation, a Planned Development Rezoning (Ord. No. ),
Stage 1 and 2 Development Pian Amendments (Ord. No. ), Site Development
Review (City Council Resolution No. ), and a Vesting Tentative Tract Map
(Planning Commission Resolution No.l~~-'~ . Ali such approvals collectively,
together with any approvals or permits now or hereinafter issued with respect to
the Alternate Project as referred to as the "Alternate Project Approvals". Under
the proposed entitlements, the Developer will have the option of proceeding with
development under either the Project Approvals or Alternate Project Approvals.
6. Section 9.3 of the Agreement requires that the Agreement be
amended where the density or intensity of uses or term of the Agreement are
amended. Developer requests amendments to the Agreement regarding the
density of uses under the Alternate Project Approvals, an extension of the
existing term by seven years, an amendment to the affordable housing
obligations for the Property, and a provision on a public art fee. The Parties
agree that these revisions require an amendment to the Agreement.
7. The City Council has found that, among other things, the
Agreement, as amended, is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
Chapter 8.56.
8. City and Developer have reached agreement and desire to express
herein an Amendment to the Agreement that will facilitate development of the
Project subject to conditions set forth herein; and
9. On , 2010, the City Council of the City of Dublin
adopted Ordinance No. approving this Amendment. The ordinance took
effect on , 2010 ("the Amendment Effective Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows:
AGREEMENT
Section 1. The terms of the Agreement are amended as follows so that
all terms applicable to the Project and Project Approvals, as defined in the
Agreement, shall apply to the Alternate Project and Alternate Project Approvals
as defined in this Amendment. All references to "ProjecY' in Sections 5, 6, 7, 8,
10, 14.2, and 20 of the Agreement are amended to read "Project or Alternate
ProjecY'. All references to "Project Approvals" in Sections 5, 6, 7, 8, 10, 14.2,
and 20 of the Agreement are amended to read "Project Approvals or Alternate
Project Approvals". Notwithstanding the foregoing, the Agreement and
Amendment shall not create any right for Developer to proceed with development
of both the Project and Alternate Project on the Property. Once the Developer
Amendment No. 1 to the Development Agreement Between the City of Dublin and Western
Pacific Housing for the Dublin Transit Center Site E-1 Project Page 3 of 5
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commences with development of either the Project or Alternate Project, the rights
under the Agreement relating to the other project not developed shall be
terminated. For the purposes of this Agreement, "commences with development"
means the issuance of any building permit.
Section 2. Section 4.2 of the Agreement is amended in its entirety to
read as foilows:
"4.2 Term. The term of this Agreement shall commence on the
Approvai Date and shall terminate twelve (12) years thereafter on
March 9, 2018, unless said term is otherwise terminated or
modified by circumstances set forth in this Agreement."
Section 3. Section 10 of the Agreement is amended in its
entirety to read as follows:
"10 Term of Proiect Approvals and Alternate Proiect Aqprovals.
The term of the Project Approvals and Alternate Project Approvals are
extended for the term of the Agreement subject to the provisions of
Section 4.2 of this Agreement. Notwithstanding the foregoing, once the
Developer commences with development of either the Project or Alternate
Project, the extension of the term of the project approvals under the
Agreement for the other project not developed shall be terminated. For
the purposes of this Agreement, "commences with development" means
the issuance of any building permit.
Section 4. Amendment to Exhibit 8. Exhibit B to the Agreement is
hereby replaced in its entirety with Exhibit 2 to this Amendment.
Section 5. Counterparts. This Amendment is executed in two (2)
duplicate originals, each of which is deemed to be an original.
Amendment No. 1 to the Development Agreement Between the City of Dublin and Western
Pacific Housing for the Dublin Transit Center Site E-1 Project Page 4 of 5
~~~~~
Section 6. Recordatron. City shall record a copy of this Amendment
within ten (10} days follawing execution by all parkies.
IN WITNESS WHEREOF, the parties iiereto have caused this
Amendment to be executed as of the date and year first above written.
CITY OF DUBL.IN:
By:
1'im Sbranfi, Mayor
ATTEST:
By:
Garaline Soto, City Clerk
APPROVED AS TO FORM:
Jo~~r~ ~akker, City Attorney
Date:
Date:
WEST~~iN f'ACI~IC HUUSING INC.
a Delawar~ Corporation
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Ameridment No. 1 to the Develapmen# Agreement Beiween the Ciiy of Dui~lin and Western
Aacific Housinc~ for the Dublin Transit Center Site E-1 Project Page 5 of 5
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Exhibit 1
Legal Description of Dublin Transit Center Site E-1 Property
Real property in the City of Dublin, County of Alameda, State of California,
described as follows:
Parcel 1, as shown on Parcel Map 7892, filed April 14 2005, in book 280 of
Parcel Maps, Pages 83 85 in the Office of the Recorder of Alameda County,
Assessor's Parcel Number 986-0034-011-00.
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Exhibit 2
Amended Exhibit B to the Agreement
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EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 of the Agreement.
Subparaqraph 5.3.1 - Subsequent Discretionarv Approvals
None.
Subparaqraph 5.3.2 - Mitiqation Conditions
Subsection a. Infrastructure Sequencinq Proqram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in for the Project in Resolution No. 10- of the City of
Dublin Planning Commission approving Site Development Review and Vesting
Tentative Tract Map or for the Alternate Project in Resolution No. 10- of
the City of Dublin Planning Commission approving Site Development Review and
Vesting Tentative Tract Map (hereafter "SDR and VTM Resolution") shall
be completed by Developer to the satisfaction of the City Engineer at the times
and in the manner specified in the applicable SDR and VTM Resolution unless
otherwise provided below. All such roadway improvements shall be constructed
to the satisfaction and requirements of City's City Engineer.
(ii) Sewer:
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project or Alternate Project) shall be completed in
accordance with DSRSD requirements.
(iii) Water:
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Amendment No. 1 to the Development Agreement Page 1 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Drainaqe:
The storm drainage systems off-site, as well as on-site drainage
systems for the areas to be occupied, shall be improved consistent with the
tentative map conditions of approval and to the satisfaction and requirements of
the Dublin Public Works Department applying the City's and Zone 7(Alameda
County Flood Control and Water Conservation District, Zone 7) standards and
policies which are in force and effect at the time of issuance of the permit for the
proposed improvements. Pursuant to Alameda County's National Pollution
Discharge Elimination Permit (NPDES) No. CAS0029831 with the California
Regional Water Quality Control Board, or pursuant to subsequent permits
adopted by the Board, all grading, construction and development activities within
the City of Dublin must comply with the provisions of the Clean Water Act.
Proper erosion control measures must be installed at development sites within
the City during construction, and all activities shall adhere to Best Management
Practices.
(v) Other Utilities (e.q. qas, electricitv, cable televisions,
telephone):
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy for the Project or Alternate Project.
Subsection b. Miscellaneous
(i) Completion Mav Be Deferred.
Notwithstanding the foregoing, the City's Public Works Director
may, in his or her sole discretion and upon receipt of documentation in a form
satisfactory to the Public Works Director that assures completion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project or Alternate Project if the Public Works Director determines that to do
so would not jeopardize the public health, safety or welfare.
Subparaqraph 5.3.3 - Phasinq, Timinq
This Agreement contains no requirements that Developer must initiate or
complete development of the Project or Alternate Project within any period of
time set by the City. It is the intention of this provision that Developer be able to
develop the Property in accordance with its own time schedules and the Project
Approvals or Alternate Project Approvals.
Amendment No. 1 to the Development Agreement Page 2 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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Subparaqraph 5.3.4 - Financinq Plan
Developer will install all improvements necessary for the Project or
Alternate Project at its own cost (subject to credits for any improvements which
qualify for credits as provided in Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project or Alternate Project wili be made available
by the Dublin San Ramon Services District. If so required by Dublin San Ramon
Services District, Developer will enter into an "Area Wide Facilities Agreement"
with the Dublin San Ramon Services District to pay for the cost of extending such
services to the Project or Alternate Project. Such services shall be provided as
set forth in Subparagraph 5.3.2(a)(ii) and (iii) above.
Subparaqraph 5.3.5 - Fees, Dedications
Except as otherwise provided in this Subparagraph 5.3.5 or this
Development Agreement, Developer shall pay any fees required by Subsections
a-g at the time such fees are due under the resolutions and/or ordinances
establishing and/or amending such fees.
Subsection a. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 40-10, including any amendments to such fee that
may be in effect at the time of issuance of building permits. Developer will pay
such fees no later than the time of issuance of building permits and in the amount
of the impact fee in effect at time of building permit issuance.
Subsection b.
Traffic Impact Fee to Reimburse Pleasanton for
Freewav Interchanqes.
Developer shall pay the Eastern Dublin I-580 Interchange Fee in the
amounts and at the times set forth in Resolution No. 155-98 and by any
resolution which revises such Fee that may be in effect at the time of issuance of
building permits. Developer will pay such fees no later than the time of issuance
of building permits.
Subsection c. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any amendments to such fee that may be in
effect at the time of issuance of building permits. Developer will pay such fees
no later than the time of issuance of building permits.
Subsection d. Noise Mitiqation Fee.
Amendment No. 1 to the Development Agreement Page 3 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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Developer shall pay a Noise Mitigation Fee established by City of Dubiin
Resolution No. 33-96, including any amendments to such fee that may be in
effect at the time of issuance of building permits. Developer will pay such fees
no later than the time of issuance of building permits.
Subsection e.
School Impact Fees.
School impact fees shall be paid by Developer in accordance with
Government Code section 53080 and the agreement between Developer or its
predecessor in interest and the Dublin Unified School District regarding payment
of school mitigation fees.
Subsection f.
Fire Facilities Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any amendments to such fee that may be in
effect at the time of issuance of building permits. Developer will pay such fees
no later than the time of issuance of building permits.
Subsection q. Tri-Vallev Transportation Development Fee.
Developer shall pay the Tri-Valley Transportation Development Fee in the
amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
resolution which revises such fee. Developer will pay such fees no later than the
time of issuance of building permits and in the amount of the impact fee in effect
at time of building permit issuance.
Subparaqraph 5.3.6 - Reimbursement
Subsection a. Traffic Impact Fee Improvements - Credit
The City shall provide a credit against Eastern Dublin Traffic Impact Fees
to Developer for those improvements described in the resolution establishing the
Eastern Dublin Traffic Impact Fee if such improvements are constructed by the
Developer in their ultimate location. All aspects of the credit shall be governed
by the TIF Guidelines.
Subsection b. Traffic Impact Fee Riqht-of-Wav Dedications -
Credit
The City shall provide a credit against Eastern Dublin Traffic Impact Fees
to Developer for any TIF area right-of-way to be dedicated by Developer to the
City which is required for improvements which are described in the resolution
establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits
shall be governed by the TIF Guidelines.
Amendment No. 1 to the Development Agreement Page 4 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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Subparaqraph 5.3.7 - Miscellaneous
Subsection a. Affordable Housinq Requirements. This subsection
shall govern the affordable housing requirement for the Property. As between
the parties, it replaces in its entirety the affordable housing requirements
applicable to the Property (Transit Center Site E-1) set forth in Section 12 of the
First Amendment to Master Development Agreement Between City of Dublin and
Surplus Property Authority of Alameda County for the Dublin Transit Center
Project, dated October 4, 2005. This subsection does not revise any of the
requirements for affordable housing applicable to the Dublin Transit Center
Project, other than Site E-1, set forth in Section 12 in the First Amendment to
Master Development Agreement Between City of Dublin and Surplus Property
Authority of Alameda County for the Dublin Transit Center Project, dated October
4, 2005.
The affordable housing requirement for the Project and Alternate Project shall be
met by the payment of an in-lieu fee rather than construction of units on-site.
The affordable housing requirement shall be fifteen percent (15%) of the total
residential units constructed on the Property. The in-lieu fee shall be calculated
as follows: the amount of the City's per-unit fee in lieu of construction of
inclusionary units that is in effect on the Effective Date of the Amendment No. 1
to the Agreement ("Amendment Effective Date") (which equals One Hundred
Two Thousand One Hundred and Fifty-One Dollars ($102,151.00)) multiplied by
a number equal to fifteen (15%) of the total residential units to be constructed on
the Property ("Total Affordable Housing Fee").
For the Alternate Project (105 residential units), the Total Affordable
Housing Fee shall equal One Million Six Hundred Thirty-four Thousand Four
Hundred and Sixteen Dollars ($1,634,416). The Developer shall pay the Total
Affordable Housing Fee in accordance with the following schedule:
Due Date Amount
First Payment 1 Year after Amendment $300,000.
Effective Date
Second 2 years after $400,000.
Payment Amendment Effective
Date
Third Payment 3 years after $400,000.
Amendment Effective
Date
Amendment No. 1 to the Development Agreement Page 5 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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Fourth Payment 4 years after $534,416.
Amendment Effective
Date
Total $1,634,416.
For the Project (300 residential units), the Total Affordable Housing Fee
shall equal Four Million Five Hundred Ninety-six Thousand Seven Hundred and
Ninety-five Dollars ($4,596,795). The Developer shall pay the Total Affordable
Housing Fee in accordance with the following schedule:
Due Date Amount
First Payment 1 Year after Amendment $830,000.
Effective Date
Second 2 years after $1,100,000.
Payment Amendment Effective
Date
Third Payment 3 years after $1,100,000.
Amendment Effective
Date
Fourth Payment 4 years after $1,566,795.
Amendment Effective
Date
Total $4,596,795.
If the Developer has not submitted plans for the development of the Project or
Alternate Project before the Due Date for any of the required Payments specified
above, the amount of the Payment shall be based on the payment schedule for
the Alternate Project. If Developer makes any payment of the Total Affordable
Housing Fee based on the Alternate Project and the Developer submits plans for
the Project, then Developer shall pay the Total Affordable Housing Fee for the
Project in accordance with the Payment schedule for the Project, provided
however that any Payments already made for the Alternate Project shall be
credited to Payments for the Project. Any Payments for the Project that had a
Due Date prior to the date of submission of plans for the Project shall be paid at
the time of submission of Project plans.
Amendment No. 1 to the Development Agreement Page 6 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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This affordable housing requirement constitutes an "alternative method of
compliance" under the City's Inclusionary Zoning Regulations (Chapter 8.68 of
the Dublin Municipal Code and Section 8.68.040E). Through its approval of this
subsection, the City Council hereby finds that the "alternative method of
compliance" meets the purposes of the City Inclusionary Zoning Regulations and
will promote the City's affordability and Housing Element goals, and hereby
waives the specific requirements of the City Inclusionary Zoning Regulations for
the Project or Alternate Project.
If the City's Inclusionary Zoning Regulations are repealed or suspended in the
future, then Developer is not obligated to make any payment of the portion of the
applicable Total Affordable Housing Fee that is due after the effective date of the
repeal or suspension of the Regulations.
Notwithstanding anything to the contrary in the Agreement, if any payment by
Developer required under this subsection is not received in full by the City by the
due date for such payment, the approval of Developer's "alternative method of
compliance" shall become ineffective. Accordingly, in such event, the City will
withhold further issuance of building permits and other approvals until such time
as Developer has entered into a binding agreement specifying how it will comply
with the City Inclusionary Zoning Regulations.
The affordable housing requirements shall survive termination of the Agreement.
Subsection b. Public Art Fee Reauirement. For the Project
or the Alternate Project, the Developer shall pay a single public art fee in
the amount of Fifty Thousand Dollars ($50,000.00) prior to issuance of the
first building permit ("Public Art Fee"). The Public Art Fee shall be used
for public art purposes as determined in the sole discretion of the City.
The payment of the Public Art Fee shall constitute full compliance with
Condition of Approval 41 of the Site Development Review for the Project
and shall constitute full compliance with all Public Art Fee conditions or
requirements that may be applied to the Alternative Project.
1486357.10
Amendment No. 1 to the Development Agreement Page 7 of 7
Between the City of Dublin and Western Pacific Housing for the Dublin Transit Center Site E-1
Project - EXHIBIT B
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19~~~~ STAFF REPORT C I T Y C L E R K
```~,~ ~ DUBLIN CITY COUNCIL File # ^[~][~]-~3 ~]
ao- ~
DATE: October 19, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: Dublin Transit Center Site E-1 (Esprit at Dublin Station) - Planned
Development Rezone with a related Stage 1 Development Plan Amendment and
Stage 2 Development Plan and an Amendment to the Development Agreement
for the Dublin Transit Center Site E-1 Project. PA 09-002
Prepared By: Kristi Bascom, Project P/anner ~j
EXECUTIVE SUMMARY:
This public hearing item was continued from the October 5, 2010 City Council meeting to
October 19, 2010.
D.R. Horton, Inc. is proposing to construct a multi-family residential townhouse community with
105 units on ± 4.1 net acres of land within the Dublin Transit Center project on Site E-1. A
Planned Development Rezone will allow the development of either the 105-unit Esprit at Dublin
Station Project (proposed) or the 300-unit Metropolitan at Dublin Station project (previously-
approved). The proposed amendment to the existing Development Agreement for the project
site relates to the allowed density of uses (to permit the 105-unit project), an extension of the
existing Agreement term by seven years, an amendment to the affordable housing obligations
for the property, and a provision on a public art fee.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: (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) Take the following actions: a) Waive the reading and introduce an
Ordinance approving a Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan for the Esprit at Dublin Station project; and b)
Waive the reading and introduce an Ordinance approving Amendment 1 to the Development
Agreement for the Dublin Transit Center Site E-1 (Esprit at p~blin S~tion).
ubmitted By Re e ed By:
Community Development Director Assistant City Manager
Page 1 of 8
ATTACHMENT 3
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DESCF~IPTlON:
Background:
The 4.13-acre site, referred
to as site "~ 1„ in #he Transit
Genfier Stage 1 Develc~pment
Plan, is located within the
Easiern Dublin Specific Plar~
area. The site has a Genera!
Pian land use designa#ion of
Campus C)ffice and is in a
Pianned Development Zoning
District. The site is currently
vacant and is surrounded by
the Avalan Dublin Station
residential project to the
west, vacant land #o the
south and the east, and
Gamp Parks to the nor#h
acrc~ss Dublin Boulevard, as
shown on the Figure 1 to #he
right.
The site is rectangular and flat, and is lacated less than a quar#er mile from the East
Dublin/Pleasan#on Bay Area Rapid Transit (BART) station.
Entittement Hisfory:
In December 2002, the City Council approved a General Plan/Eas#em Dublin Specific Plan
Amendment {Resolutian 216-02); approued a Stage 1 Pianned Development Zoning (Ordinance
21-02}; and approved Tentative Parcel Map 789~ {Resalution 02-40), for #he Qublin Transit
Center. The 91-acre Transit Genter site is located generally between the Iran Horse Trail to the
west, Dublin Boulevard to the north, Arnold Road to the East, and the BART statian ta the
south.
A Mast~r Development Agreement for the Dublin Transit Center was adopted in May 2003
{Ordinance 5-03) and together with the approved General PIanlEastern Dublin Specific Plan
Amendment, Stage 1 Planned Develc~pment Zc~ning, and Vesting Tentative Tract Map,
established the land use approvals far the future develrapment of the site. The Master
Development Agreement was th~n amended ta set forth affordable housing abligations in the
project area (Ordinance 25-05).
The Transit Center Stage 1 Development Plan {Ordinance 21-02) designates the land use of
Site E-1 as Campus Office, with up to 300,000 sq. ft. of c~ffice ar~d 15,000 sq. fik, of ancillary
retaiL The Transi# Center Plan also further defined this parcel as a flex parce( that could be
deueloped with up ta 300 residential units. The 105-unit Esprit projec# is permitted by the Stage
1 Development Plan.
F'age 2 of 8
Figure 1: Vicirrity Map
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The following entitlements have been granted for residential projects in the Transit Center:
Date Develo er Pro'ect Name Site # of units
Janua 2004 D.R. Horton Elan B-1 257
January 2004 Avalon Bay Avalon Dublin Station 305 (with 15,000 square feet of
round-floor retail
A ril 2004 EAH, Inc. Camellia Place A-2 112
Total 674 units
All three of the above projects have been completed and are occupied except for the ground
floor retail at Avalon at Dublin Station.
In March of 2006, D.R. Horton received approval of a 300-unit condominium project
(Metropolitan at Dublin Station) with approximately 15,000 square feet of ground floor retail on
the E-1 project site. The approvals included a Planned Development Rezone with a related
Stage 2 Development Plan, Vesting Tentative Map, Site Development Review, and
Development Agreement. The Development Agreement vested the project approvals for five
(5) years, which are set to expire in March 2011.
Project Proposal:
The Esprit at Dublin Station project includes 105 residential condominium units at a density of
25.4 units per acre. Thirteen individual buildings will be constructed on the property along with
a private drive (Esprit Way) that will bisect the property and provide internal vehicular access to
the units. Residential parking is provided in private garages and guest parking is provided on
site as well as on the adjoining streets. Pedestrian portals occur at the ground level of most
buildings and allow for pedestrian connections from Martinelli Way through to 7,300 square foot
space adjacent to Dublin Boulevard that includes a grass and garden area. The Planning
Commission Staff Report dated August 24, 2010 (Attachment 1) contains more detail about the
proposed project. The Planning Commission Meeting Minutes are included as Attachment 2
and the project plans are included as Attachment 3 to this Staff Report.
At this time, the Applicant is requesting approval of a Planned Development Rezone with an
amendment to the Stage 1 Development Plan and a Stage 2 Development Plan and an
Amendment to the Development Agreement for the project site to permit the 105-unit Esprit at
Dublin Station project to be built.
This project proposal is unusual in the fact that the accompanying Stage 1 Development Plan
amendment for the Esprit at Dublin Station project will permit the construction of either the 300-
unit Metropolitan at Dublin Station project (approved March 2006) or the 105-unit Esprit at
Dublin Station project (current proposal). Both of the projects will have entitlements for the
same piece of property and it will be up to the Applicant or a future developer to determine
which project will eventually be constructed. ~
If the Esprit at Dublin Station project is approved, the project site will have the following
entitlements:
1. Planned Development Zoning with a related Stage 1 Development Plan that permits
either project to move forward;
2. Two approved Stage 2 Development Plans (one of which will ultimately be utilized
depending on which project is constructed and the other nullified);
Page 3 of 8
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3. Two Site Development Review approvals (one of which will ultimately enable the
issuance of building permits and the other nullified); and
4. Two approved Vesting Tentative Maps (one of which will be turned into a Final Map
depending on which project is constructed and the other nullified).
On August 24, 2010, the Planning Commission granted Site Development Review approval and
approved Vesting Tentative Tract Map 7667 for the 105-unit Esprit at Dublin Station project.
The analysis below describes the Stage 1 Development Plan amendment, Stage 2
Development Plan, and the Amendment to the Development Agreement for the Esprit at Dublin
Station proposal only. The approved Stage 2 Development Plan, Site Development Review
approval, and Vesting Tentative Tract Map 7667 for the Metropolitan at Dublin Station project
are not proposed to change in any way.
ANALYSIS:
Staff's analysis is broken up into several sections that describe each component of the project
proposal.
Stage 1 Development Plan Amendment:
The Applicant is proposing several amendments to the Stage 1 Development Plan for the
Transit Center to accommodate the Esprit project. The amendments are focused on allowing
the dual entitlements, as described in a previous section, as well as reducing minimum building
setback along one frontage and reducing the required sidewalk width along two other frontages.
Since there is no longer retail proposed for the project site, the wider sidewalks, that are typical
for commercial areas are no longer necessary, and the two feet of extra space along the project
frontage can be incorporated into creating a comfortable townhome development.
The specific Stage 1 Planned Development Amendments are proposed as follows:
Allowing Dual Entitlements.
Additional language added which will serve to permit the development of either the
approved 300-unit Metropolitan project or the proposed 105-unit Esprit project. Under
the heading "Campus Office Uses", an additional paragraph is proposed at the end of the
section. The additional paragraph is proposed as follows: "In order to permit
development on Site E-1 that responds to residentia! market conditions, if is permissible
for the site to have dual entitlements and for two separate and distinct projects to receive
approvals for the same site. Should this situation occur, both projects would need to be
consistent with this Stage 1 Development Plan and the Development Agreement
prepared for the project(s) would need to address the potentral for either project. Once a
Developer commences with devetopment of one of the projects on Site E-?, the rights
relating to the other project not developed shall be terminated. The ferm "commences
with development" shall mean the issuance of any building permit."
2. Reducing the minimum building setback on Martinelli Way.
The building setback along Martinelli Way is proposed to change from 16 feet to variable.
The text on Page 2.28 and Street Section E-E on Page 2.29 will need to be modified to
note the reduced setback. .
Page 4 of 8
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3. Reducing the sidewalk width on Iron Horse Parkway and Campus Drive.
The project street frontage along Iron Horse Parkway is proposed to change from a 18
foot wide sidewalk with 5 foot tree grate to a 16 foot sidewalk with a 5 foot tree grate.
The text on Page 2.22 and Street Section A-A on Page 2.25 will need to be modified to
reflect the reduced 16 foot width. The project street frontage along Campus Drive is
proposed to change from a 12 foot sidewalk with a 6 foot tree grate to a 10 foot sidewalk
with a 5 foot tree grate. The text on Page 2.30 and Street Section G-G on Page 2.32 will
need to be modified to reflect the reduced 10 foot width.
Please refer to page 4 of Attachment 4 for the text of the proposed Stage 1 Development Plan
amendment.
Stage 2 Development Plan:
A Stage 2 Development Plan is proposed in accordance with Section 8.32.040 of the Dublin
Zoning Ordinance. The Stage 2 Development Plan would allow for up to 105 residential
condominium units at a density of 25.4 units per acre. The residential units will be divided into
thirteen three-story buildings with tuck-under garage parking. The Stage 2 Development Plan
details the permitted and conditional uses; site development standards, architectural and
landscape standards and guidelines; data on site area, proposed densities and maximum
number of dwelling units; a phasing plan and street sections. Page 5 of Attachment 1 describes
the Stage 2 Development Plan in greater detail.
The Proposed Project is compatible with the Transit Center land use goals to provide a range of
housing opportunities within the 91-acre Transit Center area. Permitting residential
development on the site maximizes transit opportunities presented by the adjacent
Dublin/Pleasanton BART Station; conforms with the development standards adopted for the
Stage 1 Development Plan (as amended); and contributes to a vibrant, pedestrian friendly
environment within less than one-quarter of a mile from the existing BART Station.
The Ordinance approving a Planned Development Rezone with a related Stage 1 Development
Plan Amendment and Stage 2 Development Plan is included as Attachment 4 to this Staff
Report.
Deve/opment Agreement
Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement
between the City and the Developer. California Government Code §§ 65864 et seq. and
Chapter 8.56 of the Dublin Municipal Code authorize the City to enter into an agreement for the
development of real property with any person having a legal or equitable interest in such
property in order to obtain certain commitments and establish certain development rights for the
property. The Development Agreement must be approved prior to recordation of the final Tract
Map and issuance of building permits for the development of the property.
The Applicant and the City are a party to an existing development agreement for the property,
which was approved by the City Council on March 9, 2006. The existing Development
Agreement expires on March 9, 2011. At this time, the Applicant is requesting approval of
Amendment 1 to the existing Development Agreernent, which has been negotiated with City
Staff. The proposed "Amendment No. 1 to the Development Agreement between the City of
Dublin and Western Pacific Housing; Inc. for the Dublin Transit Center E-1 ProjecY' modifies the
approved Development Agreement as follows:
Page 5 of 8
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Section 1 of Amendment 1 to the Development Agreement allows for the
construction of either the originally-approved 300-unit Metropolitan project ("Project")
or the 105-unit Esprit project ("Alternate Project").
Section 2 of Amendment 1 to the Development Agreement extends the term of the
Development Agreement and changes the expiration date from March 9, 2011 to
March 9, 2018.
Exhibit B of the Development Agreement is amended in its entirety, and the
modifications from the original Exhibit B include changes to the affordable housing
fee payments and obligations for the Property and include a provision on payment of
the public art fee. ~
In exchange for the City's agreement to extend the term of the Development Agreement, the
developer has agreed to payments of the affordable housing fee in a schedule that is desirable
to the City. Instead of paying the affordable housing fees at the time of receiving building
permits, the Applicant will begin payment of the fees within a year of approval of the
Amendment to the Development Agreement, regardless of the status of building permits for the
project. In addition, the Agreement provides that the developer shall pay a single public art fee
in the amount of $50,000 prior to the issuance of the first building permit. In all other respects,
the Amendment to the Development Agreement as amended is based on the standard
Development Agreement adopted by the City Council for projects located within the EDSP and
is consistent with the preceding Development Agreements that affect the project site.
The Ordinance approving Amendment 1 to the Development Agreement for the Dublin Transit
Center Site E-1 is included as Attachment 5 to this Staff Report.
PLANNING COMMISSION ACTtON:
The Planning Commission reviewed the project at public hearings on August 24, 2010
(Rezoning, Site Development Review, and Tentative Tract Map) and September 14, 2010
(Development Agreement Amendment). The Planning Commission Staff Reports and draft
minutes for both meetings are included as Attachments 1, 2, 6, and 7 to this Staff Report. At
both meetings, the Commission discussed the merits of the Proposed Project, heard testimony
from the Applicant, and approved the following resolutions:
• Planning Commission Resolution 10-36, recommending that the City Council adopt an
Ordinance approving a Planned Development Rezone with a related Stage 1
Development Plan Amendment and Stage 2 Development Plan for the Esprit at Dublin
Station project (Attachment 8);
• Planning Commission Resolution 10-37, approving Site Development Review for Dublin
Transit Center Site E-1 (Esprit at Dublin Station) (Attachment 9);
• Planning Commission Resolution 10-38 approving Vesting Tentative Tract Map 7667 for
Dublin Transit Center Site E-1 (Esprit at Dublin Station) (Attachment 10); and
• Planning Commission Resolution 10-39, recommending that the City Council adopt an
Ordinance approving Amendment 1 to the Development Agreement for the Dublin
Transit Center Site E-1 (Esprit at Dublin Station) (Attachment 11).
Page 6 of 8
NOTICING REQUIREMENTS/PUBLfC OUTREACH:
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In accordance with State law, a public notice was mailed to all property owners and occupants
within 300 feet of the property to notify property owners and occupants of the proposed project
and of the October 5, 2010 Public Hearing. The public notice was also published in the Valley
Times and posted at several locations throughout the City. A copy of this Staff Report was
provided to the Applicant.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), the City Council finds that the
Project is exempt from CEQA pursuant to Government Code section 65457 because it is a
residential project that is consistent with a specific plan for which an EIR has been certified.
The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin
Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1
Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH
2001120395) which was certified by City Council Resolution No. 215-02 dated November 19,
2002. The City Council finds that no further environmental review under CEQA is required for
the proposed Project because there is no substantial evidence in the record as a whole that any
of the standards under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for
the preparation of a subsequent or supplemental EIR are met.
ATTACHMENTS:
1) Ptanning Commission Staff Report dated August 24, 2010
(without attachments)
2) Minutes from the August 24, 2010 Planning Commission
meeting
3) Project Plans
4) Ordinance approving a Planned Development Rezone with a
related Stage 1 Development Plan Amendment and Stage 2
Development Plan for the Esprit at Dublin Station project
5) Ordinance approving Amendment 1 to the Development
Agreement for the Dublin Transit Center Site E-1 (Esprit at
Dublin Station} with the Amendment 1 to the Development
Agreement included as Exhibit A
6) Planning Commission Staff Report dated September 14, 2010
(without attachments)
7) Draft Minutes from the September 14, 2010 Planning
Commission meeting
8) Planning Commission Resolution 10-36, recommending that
the City Council adopt an Ordinance approving a Planned
Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan for the Esprit at
Dublin Station project
9) Planning Commission Resolution 10-37, approving Site
Development Review for Dublin Transit Center Site E-1 (Esprit
at Dublin Station) (without attachments)
10) Planning Commission Resolution 10-38 approving Vesting
Tentative Tract Map 7667 for Dublin Transit Center Site E-1
(Esprit at Dublin Station) (without attachments)
Page 7 of 8
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11) Planning Commission Resolution 10-39, recommending that
the City Council adopt an Ordinance approving Amendment 1
to the Development Agreement for the Dublin Transit Center
Site E-1 (Esprit at Dublin Station)
Page 8 of 8