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HomeMy WebLinkAbout7.2 Arroyo Vista Legis Action~ ~r~~U~~~ .CITY CLERK ~~ ~11 File # ^~~~'~~ ~- -~ az ~ Z.~ ' 3 t, ` ~ l~/ q- ~D ~30 ~~ - ~ ~~LIFOR~~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 15, 2009 SUBJECT: PA 07-028 Arroyo Vista (Legislative Action) - Environmental Impact Report, General Plan Amendment, Planned Development Rezone with a Stage 1/Stage 2 Development Plan and Re"solution Waiving Certain ~ Provisions of Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) of the Zoning Ordinance. Report prepared by Erica Fraser, Senior Planner ATTACHMENTS: 1) September l, 2009 City Council Staff Report. 2) Resolution certifying an Environmental Impact Report and adopting Findings Concerning Significant Impacts, Mitigations, and Alternatives (attached as Exhibit A), Statement of Overriding Considerations • (attached as Exhibit B) and the Mitigation Monitoring and Reporting Program (attached as Exhibit C) for the Arroyo Vista Project, with the Draft Environmental Impact Report attached as Exhibit D and the Final , Environmental Impact Report attached as Exhibit E. 3) Resolution approving a General Plan Amendment to change the designation of the Arroyo Vista Project Site from Medium-Density Residential to Medium/High-Density Residential 'and Public/Semi- Public and allow for attached and detached housing units in the Medium/High-Density Residential land use designation. 4) Ordinance approving a Planned Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista. 5) Resolution approving a waiver to Chapter 8.68 of the Dublin Municipal Code related to affordability, preference points, concurrent construction, equivalent bedroom size and dispersal requirements for the Arroyo Vista project. RECOMMENDATION: 1) Receive Staff presentation; 2) Deliberate; and ~ 3) Take the following actions: a) Adopt a Resolution certifying an Environmental Impact Report and adopting Findings Concerning Significant Impacts, Mitigations, and Alternatives, Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program. C/" b) Adopt a Resolution approving a General Plan Amendment to change the designation of the Arroyo Vista Project Site from Medtum-Denstty Residential to Medium/High-Density ------------------------------------------------------------------------------------------------------------- COPY TO: Applicants 1(J Page 1 of 2 ~ G:Wrroyo Vista\CC PH\CCSR 9-1~-09.doc ITEM NO. .~s ~ ~ Residential and Public/Semi-Public and allow for attached and detached housing units in the Medium/High-Density Residential land use designation. , c) Waive Reading and Adopt. an Ordinance approving a Planned Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista. d) Adopt a Resolution approving a waiver to Chapter 8.68 of the Dublin Municipal Code related to affordability, preference points, concurrent construction, equivalent bedroom size and dispersal requirements for the Arroyo Vista project. FINANCIAL STATEMENT: Costs related to the financing of this Project are per the Disposition and Development Agreement between the Dublin Housing Authority, City of Dublin, the Housing Authority of the County of Alameda, Eden Housing, Inc. and Citation Homes Central. BACKGROUND: On September 1, 2009, the City Council continued the Arroyo Vista project to September 15, 2009. For background information and a discussion of the Arroyo Vista Project, please refer to the September 1; 2009 Staff Report included as Attachment 1. CONCLUSION: The Applicants are requesting approval of a 378-unit residential development which includes affordable family apartments, affordable senior apartments, market-rate attached and detached units, a community building and childcare facility. The proposed de,velopment includes a mixture of architectural styles which all utilize common American architectural design themes. The construction of the proposed Arroyo Vista Project will enhance the existing area and provide a unique development within the City. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Deliberate; and 3) Take the following actions: a) Adopt a Resolution certifying an Environmental Impact Report and adopting Findings Concerning Significant Impacts, Mitigations, and Alternatives, Statement of Ovemding Considerations and the Mitigation Monitoring and Reporting Program; b) Adopt a Resolution approving a General Plan Amendment to change the designation of the Arroyo Vista Project Site from Medium- Density Residential to Medium/High-Density Residential and Public/Semi-Public and allow for attached and detached housing units in the Medium/High-Density Residential land use designation; c) Waive Reading and Adopt an Ordinance approving a Planned Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista; and d) Adopt a Resolution approving a waiver to Chapter 8.68 of the Dublin Municipal Code related to affordability, preference points, concurrent construction, equivalent bedroom size and dispersal requirements for the Arroyo Vista project. 2 of 2 . ~ ~- q55 ~ ~/o~DUB~ .CITY CLERK J ~ 11 File # ^~~O ~'~~ ~ ~- -~ 8~ ~- ~.Q - 3 D ~ ~ ~ ~¢ ~'t~ ° 3 D ` C~ ~~~rFOR~1~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 1, 2009 SUBJECT: PA Q7-028 Arroyo Vista (Legislative Action) - Environmental Impact Report, General Plan .Amendment, Planned Development Rezone with a Stage 1/Stage 2 Development Plan and Resolution Waiving Certain Provisions of Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning. Regulations) of the Zoning Ordinance. Report prepared by Erzca Fraser, Senior Planner ATTACHMENTS: 1) August 18, 2009 City Council StaffReport (without Attachments). 2) Resolution certifying an Environmental Impact Report and adopting Findings Concerning Significant Impacts, Mitigations, and Altematives (attached as Exhibit A), Statement of Overriding Considerations (attached as Exhibit B) and the Mitigation IYlonitoring and Reporting Program (attached as Exhibit C) for the Arroyo Vista Project, with the Draft Envuanmental Impact Report attached as Exhibit D and the Final Environmental Impact Report attached as Exhibit E. 3) Resolution • approving a General Plan Amendment to change the designation of the Arroyo Vista Project Site from Medium-Density Residential to Medium/High-Density Residential and Public/Semi- Public and allow for attached and detached housing units in the MediumlHigh-Density Residential land use designation. ~ 4) Ordinance approvin.g a Planned Development (PD) rezone and a related Stage 1/Stage 2 Development Plan for A.rroyo Vista. ~ 5) Resolution approving a waiver to Chapter 8.68 of the Dublin Municipal Code related to affordability, preference points, concurrent construction, equivalent bedroom size and dispersal requirements for the Arroyo Vista .project. . ~ 6) Project Plans (City Council only). RECOMMENDATION: 1) Receive Staffpresentation; ~yy, ~ 2) Deliberate; ~and '-~'I'' 3) Take the following actions: ~ a) Adopt a Resolution certifying an Environmental Impact Report and adopting Findings Concerning Significant Impacts, Mitigations, and Altematives, Statement of Ovemding ~ Considerations and the Mitigation Monitoring and Reporting Program. b) fidopt a Resolution approving a General Plan Amendment to change the designation_ of the Arroyo Vista Project Site 'from ----------------------------------------------------------------------------------------------=-------------- COPY TO: ApPl~~~ts Attachment 1 Page 1 of 3 ; ---'- (7•\Arrnvn Vi.cta\(:C PT-T~C:('.CR 9-1 _(19 cinc _ ~~~~_ ~ ~ ~ ~ ~ ~~ ~ 4 ~ ~ ~ `~ 5 5 Medium:Density Residential to 1Vledium/High-Density Residential and Public/Semi-Public and allow for attached and ' detached housing units in the Medium/High-Density Residential land use designation. c) Waive Reading and Adopt an Ordinance approving a Planned Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista. d) Adopt a Resolution approving a waiver to Chapter 8.68 of the Dublin Municipal Code related to affordability, preference points, concurrent construction, equivalent bedroom size and dispersal requirements for the Arroyo Vista project. . FINANCIAL STATEMENT: ~ Costs related to the financing of this Project are per the Disposition and Development Agreement between the Dublin Housing Authority, City of Dublin, the Housing Authority of the County of Alameda, Eden Housing, Inc. and Citation Homes Central. BACKGROUND: Arroyo Vista is located at 6700 Dougherty Road on the west side of Dougherty Road, south of the intersection of Dougherty Road and Amador Valley Boulevard and north of the intersection of Dougherty Road and the Iron Horse Trail, a regional multi-use trail (see location map on the left side of this page). Alamo Creek forms a portion of the western boundary of the Site, which is a regionally significant creek in eastern Alameda County. The Site contains approximately 24 acres of land. The Site is surrounded by residential developments to the north, south and west and Camp Parks Reserve Forces Training Area to the east. Arroyo Vista is a 150-unit detached Public Housing Project, constructed over 25 years ago, which is owned by the Dublin Housing Authority and managed by the Alameda County Housing Authority under contract. The complex has design problems which have created ongoing building maintenance problems, as well as sewer and water main problems. In 2006, the Dublin Housing Authority determined it was not feasible to renovate the complex. y~cn~ For additional background information, please refer to the August 18, 2009 City Council Staff Report included as Attachment 1. PROJECT DESCRIPTION: The proposed Arroyo .Vista residential development would be a community of 378 residential units comprised of 198 market rate and 180 affordable units. The market rate component of the Project will include 141 attached and 57 detached for-sale dwellings. Up to 14 of the for-sale units will be affordable dwellings. The affordable portion of the Project will include 130 affordable family apartments and 50 affordable senior apartments. The affordable portion of the Project will be located at the center of the Site with the market rate portion of the Project surrounding it. Other improvements include a childcare facility, community building, parking, tot lots and passive recreation areas. 3 D~- ~I 55 ANALYSIS : On August 18, 2009, the City Council reviewed the Arroyo Vista project during a Public Hearing. After closing the public hearing, the City Council waived the first reading of the Planned Development Rezone and introduced the Ordinance and continued the remaining items to the September l, 2009 City Council meeting. The City Council will determine whether or not to certify the Environmental Impact Report and approve the General Plan Amendment, Waiver of Inclusionary requirements and the Planned Development Rezone at tonight's meeting. For background information and a discussion of this project, please refer to the August 18, 2009 Staff Report included as Attachment 1. CONCLUSION: The Applicants are requesting approval of a 378-unit residential development which includes affordable family apartments, affordable senior apartments, market-rate attached and detached units, community building and childcare facility. The proposed development includes a mixture of architectural styles which all. utilize common American architectural design themes. The redeveloped Arroyo Vista Project will enhance the existing area and provide a unique development within the City. RECOMMENDATION: Staff recommends that the City Council: I) Receive Staff presentation; 2) Deliberate; and 3) Take the following actions: a) Adopt a Resolution certifying an Environmental Impact Report and adopting Findings Conceming Significant Impacts, Mitigations, and Alternatives, Statement of Ovemding Considerations and the Mitigation Monitoring and Reporting Progzam, b) Adopt a Resolution approving a General Plan Amendment to change the designation of the Arroyo Vista Project Site from Medium- Density Residential to Medium/High-Density Residential and Public/Semi-Public and allow for attached and detached housing units in the Medium/High-Density Residential land use designation; c) Waive Reading and Adopt an Ordinance approving a Planned Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista; and d) Adopt a Resolution approving a waiver to Chapter 8.68 of the Dublin Municipal Code related to affordability, preference points, concurrent construction, equivalent bedroom size and dispersal requirements for the Arroyo Vista project. z ~f ~z ~~~~ ,, ~oFDU~ .CITY CLERK ~ ~~ File # ^0~0 ©-~© -~-~ Paz `~` Z.o -3~ ~ ll ~} 5a - 3~ ~ ~ l ,O~LIFOR~1~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 18, 2009 SUBJECT: PA 07-028 Arroyo Vista (Legislative Action) -Environmental Impact Report, General Plan Amendment, Planned Development Rezone with a Stage 1/Stage 2 Development Plan and Resolution Waiving Certain Provisions of Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) of the Zoning Ordinance. Report prepared by Erica Fraser, Senior Planner ATTACHMENTS: 1) April 28, 2009 Planning Commission Agenda Statement (without Attachments). 2) Minutes from the April 28, 2009 Planning Commission meeting. 3} July 28; 2009 Planning Commission Agenda Statement (without Attachments). 4) Draft Minutes from the July 28, 2009 Planning Commission meeting. 5) Project Plans. 6) Resolution certifying an Environmental Impact Report and adopting Findings Concerning Significant Impacts, Mitigations, and Alternatives attached as Exhibit A, Statement of Ovemding Considerations (attached as Exhibit B) and the Mitigation Monitoring and Reporting Program (attached as Exhibit C) for the Arroyo Vista Project, with the Draft Environmental Impact Report attached as Exhibit D and the Final Environmental Impact Report attached as Exhibit E. 7) Resolution approving a General Plan A_ mendment to change the designation of the Arroyo Vista Project Site from Medium-Density Residential to Medium/High-Density Residential and Public/Semi- Public and allow for attached and detached housing units in the Medium~High-Density Residential land use designation. 8) City Council Resolution 136-07. 9) Ordinance approving a Planned Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista. 10) Resolution approving a waiver to Chapter 8.68 of the Dublin Municipal Code related to affordability, preference point, concurrent construction, equivalent bedroom size and dispersal requirements for the Arroyo Vista project. COPY TO: Applicants Dora , of 1 n ~ ~ _ G5~ RECOMMENDATION: 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 first reading and introduce an Ordinance approving a C.~, ~~ Planned Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista; and b) Continue the matter to the City Council Meeting on September 1, 2009. FINANCIAL STATEMENT: Costs related to the financing of this Project are per the Disposition and Development Agreement between the Dublin Housing Authority, City of Dublin, the Housing Authority of the County of Alameda, Eden Housing, Inc. and Citation Homes Central. BACKGROUND: Arroyo Vista is located at 6700 Dougherty Road on the west side of Dougherty Road, south of the intersection of Dougherty Road and Amador Valley Boulevard and north of the intersection of Dougherty Road and the Iron Horse Trail, a regional multi-use trail (see location map on the left side of this page). Alamo Creek forms a portion of the western boundary of the Site, which is a regionally significant creek in eastern Alameda County. The Site contains approximately 24 acres of land. The Site is surrounded by residential developments to the north, south and west and Camp Parks Reserve Forces Training Area to the east. Arroyo Vista is a 150-unit detached Public Housing Project, constructed over ZS years ago, which is owned by the Dublin Housing Authority and managed by the AIameda County Housing Authority under contract. The complex has design problems which have created ongoing building maintenance problems, as well as sewer and water main problems. In 2006, the Dublin Housing Authority determined it was not feasible to renovate the complex. ~~~ ~ In July 2006, the Dublin Housin Authori g ty identified the team of Eden Housing and Citation Homes Central as the Real Estate Developers with whom to negotiate for the redevelopment of the Arroyo Vista Site. In July 2007, the City, along with Dublin Housing Authority and Alameda County Housing Authority, entered into a Disposition and Development Agreement with Eden Housing and Citation Homes Central regarding the disposition of the property and development of the Site. Four tenants and an unincorporated association called the Arroyo Vista Tenants Association filed a lawsuit in October 2007 against the City, Dublin Housing Authority, Alameda County Housing Authority, Eden Housing and Citation Homes in which they asked the court to order the parties to cease implementing the Disposition and Development Agreement and to cease removing or relocating any of the tenants. The' case is still pending. The Court has not issued any order that would prevent the City from certifying the EIR or approving the land use entitlements that are the subject of this hearing. On July 15, 2008, the City Council approved Resolution 137-08 authorizing the City Manager to act as the certifying officer in order to certify the Finding of No Significant Impact (EONS]) (pursuant to the _ ,~~55 request to the Department of Housing and Urban Development for approval of property disposition to the developers. On January 2, 2009, the Department of Housing and Urban Development (HUD) determined that the City had met its responsibilities with respect to the preparation of the Environmental Assessment (FONSI) and NEPA On May 22, 2009, HUD approved Dublin Housing Authority's application to dispose of the property which allows the Dublin Housing Authority to sell the property to the developers. On Apri128, 2009, the Planning Commission reviewed the Arroyo Vista project during a public hearing (Attachments 1 and 2). The Planning Commission adopted Resolution 09-12 recommending that the City Council certify an Environmental Impact Report for the Arroyo Vista project, Resolution 09-13 recommending that the City Council adopt amendments to the General Plan and Resolution 09-14 recommending that the City Council adopt an Ordinance rezoning the property to Planned Development with a Stage 1/Stage 2 Development Plan. The Planning Commission also adopted Resolution 09-15 approving a Tentative Map to divide the parcel into the separate projects and to allow the Citation Homes dwelling units to be sold and Resolution 09-16 approving a Site Development Review approving the design and layout of the project. On July 28, 2009, the Planning Commission reviewed minor modifications to the Planned Development Zoning related to the provision of affordable housing on the site (Attachments 3 and 4). The Planning Commission adopted Resolution 09-32 recommending that the City Council adopt an Ordinance rezoning the site to Planned Development (PD) with a related Stage 1/Stage2 Development Plan. Resolution 09-32 replaces Planning. Commission Resolution 09-14. PROJECT DESCRIPTION: The proposed Arroyo Vista residential development would be a community of 378 residential units comprised of 198 market rate and 180 affordable units. The affordable portion of the Project will be located at the center of the Site with the market rate portion of the Project surrounding it: Other • improvements include a childcare facility, community building, parking, tot lots and passive recreation areas (please refer to the Site Plan on Sheet PD 04 of Attachment 5). The market rate component of the Project will include 198 for-sale dwelling units including 141 attached and 57 detached dwellings. Up to 14 of the for-sale units will be affordable dwellings. This portion of the Project-will be constructed by Citation Homes Central (hereafter "Citation Homes"). The affordable component of the Project will include 130 rental affordable family apartment units with 129 income restricted units (one unit will be designated as a live-in manager unit), which will be constructed by Eden Housing. The family apartments will be comprised of 1, 2, 3 and 4 bedroom units in a combination of stacked flats and multi-level apartments. The apartment units will be broken up into several two- and three-story residential wood-frame buildings. The affordable component will also include 50 rental senior apartments (with 49 1-bedroom income- restricted apartments and one 2-bedroom manager unit). The senior apartments will be located in one three story building located near the center of the development, adjacent to the childcare center. A small courtyard will be constructed between the wings of the senior building. ;_::_:,<: A community building will be constructed near the Public Loop road (as shown on Sheet PD04 Attachment 5). The community building will be used in conjunction with the entire development to serve the needs of the residents. The 3,200 square-foot building includes a community room that can be used for parties, meetings and other events; offices to support the affordable housing project and a computer room with open computer times as well as educational programs. The childcare facility will be located near the intersection of the Public Loop road and Public Street A. This facility will be 3,400 square feet in size and will contain a preschool classroom, toddler classroom and offices. The facility will be open to the general public, but preference will be given to the residents of Arroyo Vista. The facility can accommodate up to 48 children and will also include an outdoor play area. The anticipated hours of operation for the facility are 7:00 a. m. to 6:00 p. m., Monday through Friday. The total anticipated number of employees for the facility is 8 which include teachers and administration and maintenance staff. The affordable portion of the Project (including the community building and childcare facility) will be constructed by Eden Housing. Eden Housing is a nonprofit development group that constructs and manages affordable housing projects throughout the area. Eden Housing is also responsible for the construction and operation of the Wicklow Square Senior Housing Project located next to the Dublin Senior Center in the City of Dublin (approved in 2003). ANALYSIS: Environmental Impact Report For the proposed Arroyo Vista Project, an Environmental Impact Report (EIR) has been prepared in accordance with ~CEQA laws and regulations. The Project assessed in the EIR includes the amendments to the General Plan, Planned Development Rezoning, Vesting Tentative Tract Map, Site Development Review and the development of the Site with 378 dwelling units, childcare facility, community building and related site improvements. In accordance ,with CEQA procedures, the City prepared an Initial Study to review the Arroyo Vista Project. The Initial Study concluded that an Environmental Impact Report should be prepared for the Project. A Notice of Prepazation was circulated for the required 30-day period on December 20, 2007. The Notice of Preparation was mailed to all interested parties and applicable state, local and regional agencies. In addition to the tenants of Arroyo Vista (including tenants who moved out since the Spring of 2007) and property owners and tenants located within 300 feet of the Project Site (which are required to be noticed pursuant to State Law), the City also provided notices to an expanded azea which included surrounding residential developments and properties located between Dougherty Road and Alamo Creek up to the Alameda County/Contra Costa County line (in all, over 1,783 notices were mailed). The Notice of Preparation included a description of the Project, location of the Project, date of the scoping meeting and identified the close of the comment period. Comments sent in during the review period were addressed - in the preparation of the Environmental Impact Report. A scoping meeting was held on January 16, 2008 in which all interested parties were invited to attend to discuss the preparation of the Environmental Impact Report and to express any comments or concerns they had regarding the environmental impacts of the Project. The scoping meeting was attended by several residents and their comments were noted by Staff and were addressed in the preparation of the Environmental Impact Report. Following the close of the comment period on the Notice of Preparation the City as the Lead Agency prepared the Arroyo Vista Drafl Environmental Impact Report (DEIR) (Attachment 6, Exhibit D). Issues of potential significance related to development of the Arroyo Vista Site include: aesthetics, light and glare, air quality, biological resources, cultural ~ resources, geology and soils, hazardous materials, hydrology and water quality, noise, population and housing, public services, transportation and circulation, and utilities and service systems. An explanation of the potential environmental impacts related to these ~ ~ ,~~~~ sections and all mitigation measures can be found in the DEIR. A summary of all impacts and mitigation measures related to the proposed Project can be found in Table 1.0 located at the beginning of the DEIR. that cannot be mitigated to a less than significant The DEIR identified several impacts, related to.traffic, level. These impacts are: Impact 4.11-2, Level oc a thei nt rsection of Hacienda Drive/I- 80aWestbound Valley Boulevard; Impact 4.11-3, Level of Serv Off-Ramp; Impact 4.11-5, assumed relocation of the Camp Parks entrance on Dougherty Road; and Impact 4.11-6, Level of Service of the Dublin/Dougherty intersection. The DEIR identified impacts related to these areas as significant and unavoidable because there are no feasible mitigation measures to reduce these impacts to a less than significant level. The City Council will be required to adopt a Statement of Overriding Considerations related to these impacts in order to approve the Project. Following completion of the DEIR, the City mailed a Notice of Availability of Draft Environmental Impact Report to all persons that were provided with the Notice of Preparation and all persons who had since requested notification of this Project. The Notice of Availability identified the Project location and provided a description of the Project. The Notice also identified the required 45-day public comment period on the DEIR. The DEIR was then circulated for review from January 31, 2009 to March 23, 2009. Several written comments were received during the public comment period. These comments are included in the Final Environmental Impact Report (FEIR) which includes a copy of the original comment letter and the City's responses to those comments (Attachment 6, Exhibit E). The DEIR and FEIEZ are available for review at City Hall during normal business hours. The draft Resolution certifying the Environmental Impact Report for the Arroyo Vista project. is included as Attachment 6 of this Staff Report. General Plan Amendment A General Plan Amendment is required for this Project in order to change the existing General Plan Land Use Designation from Medium-Density Residential (6.1-14.0 du/acre) to Medium/High-Density Residential (14.1-25.0 du/acre) and Public/Semi-Public. The change to Medium/High-Density Residential (23.79 acres) designation is required in order to allow the proposed number of dwelling units, 37$, which will result in a density of 15.9 dwelling units per acre. The Public/Semi-Public land use meets the intent of the Public Facilities Policy by dedicating land for the purpose of providing Public/Semi-Public Facilities. Arroyo Vista proposes to designate 0.34 acres as Public/Semi-Public and the childcare building and related playground will be located within this land use designation. The Public Facilities Policy requires the Applicant to set aside 0.5 acres for every 250 dwelling units of Medium Density or greater. The City Council can make the final determination regarding whether or not the amount of land dedicated or benefits of the Project comply with the intent of the Policy. In this case, although only 0.34 acres has been set aside, the affordable portion of the Project provides a necessary service to the community by increasing the amount of affordable housing in the City. Due to the provision of affordable housing, the proposed Project meets the intent of the Semi-Public Facilities Policy. The proposed Project also includes an amendment to the description of the Medium-High Density Residential land use designation. This amendment would allow for attached and detached units within the Medium-High Density Residential land use designation. The modification is necessary in order to approve the proposed Project which includes both attached and detached units. The General Plan currently only allows attached units to be constructed within this land use classification. The following sentence is proposed to be inserted into the land use category, which can be found in Section 1.8.1 of the General Plan: ~~~ I `~ "The City Council may, at their discretion, allow for attached and detached units when the mix of units is provided to allow for a unique development which benefits the community." --_. The draft Resolution approving the proposed General Plan amendments related to the Arroyo Vista project is included as Attachment 7 of this Staff Report. Planned Development Rezone Chapter 8.32 of the Dublin Zoning Ordinance establishes the intent, purpose and requirements of the Planned Development District. The intent of the Planned Development District is to create a more desirable use of the land, a more coherent and coordinated development, and a better physical environment than would otherwise be achieved under a single zoning district or combination of zoning districts. The Zoning Ordinance requires the adoption of both Stage 1 and Stage 2 Development Plans, which establishes regulations for the use, development, improvement and maintenance of the property within the Planned Development Zoning District. The Project Site is currently zoned Planned Development (PD) 1418 ZU. The Planned Development Zoning District was adopted by the County of Alameda on January 10, 1980 and allowed for the construction of a residential development with 150 dwelling units. In order to construct the proposed Project with up to 378 dwelling units, the Site must be rezoned to allow the increase in the number of dwelling units. The Applicant is requesting approval of a Stagel/Stage 2 Development Plan for the specific development of the subject Site at this time. The Development PIan allows for the construction of affordable family apartments, affordable senior apartments, attached and detached market-rate dwelling units, a community building and childcare center. The Development Plan includes information regarding the site area, number of units, landscaping and architecture. The Development Plan also includes. the development regulations including, but not limited to density, maximum lot coverage, minimum lot size, setbacks and parking regulations. All information required by Chapter 8.32, Planned Development Zoning District, has been included in the Draft Ordinance. The development regulations, including setbacks and lot coverage, have been established based on the proposed site plan. These regulations aze provided on Page 5 of Attachment 9. The minimum setbacks established for this project are 15 feet from Dougherty Road and the western property line. The maximum lot coverage for the proj ect is 60%. The architectural standards in the Planned Development (page 6 of Attachment 9) require an attractive development that is well designed. The architectural style of the family and senior apartments is the farmhouse design. The market-rate portion of the project will have three different azchitectural designs: Craftsman, Contemporary American West and Cape Cod to complement the farmhouse design of the Eden Housing portion of the Project: All future improvements are required to be compatible with the design of the Project as well as the surrounding neighborhood. The standards also require all HVAC, conduits, piping and other similar equipment to be screened from view. Parking The Development Plan establishes the parking regulations for the development.. The Eden Housing portion of the Project will have a parking requirement that is less than what is required by our Zoning Ordinance. The Planned Development can establish requirements which arP ri;ffPrPT,t ~.,...., ,..~....:_ I~ _~iJS ~, normally required under the Zoning Ordinance. The following tables illustrate the parking requirements established by this Planned Development Rezone for the entire Project. Table 1: Parkin x; ~- Eden HousinU rtffor~~ble Parkin 5 aces Re wired Affordable A artments Senior A artments Childcare Facility Community tstulaing Table 2: Pazl CitatiQU Homes Centrat. a,-irin~ Spaces Required Attached Houses Detached Houses fired for Eden Housing (For-Rent Project) 1 82 parking stalls per unit 0 76 parking stalls per unit 1 per employee plus 1 parking or loading space per 5 children 10 ' d for Citation Homes Central or-Sale Pro~ect) ~~- - _ < :.chi? ~ ~~IIIlII1UlII ,;'.,v ~. : to IIititsl,#~~3~ ~ ,': ` ~: .': ~ ~- ' . 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 0 5 guest parking stall per unit 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 1 m~e~t narking stall per unit The following table (Table 3) illustrates the difference between the standard Zoning Ordinance parking requirements and what the Applicant proposes to provide for the for-rent portion of the project (Eden _ Housing's affordable family and senior apartments). As part of the Planned Development Rezone, the City can establish parking regulations which are different than what is required by the Zoning Ordinance. Table 3: Difference between Zoning Ordinance Requirement and Parking Proposed for Eden Housing (For Rent Pro' ect ~„ ~, ~; ~ =,~s~x-=~~~ysc .. . ~, ~: - .e.~ nir`ed~I'arleir- ~ .Par~ixt ~yro~ded:~~~.: 5 r 3~~~- ~t~ ~'. Affordable Famil A artments 130 units 130 0 Covered 130 130 107 -23 Guest 23 ~ -23 Total 260 Senior A artments 50 units 38 -12 Covered 50 16.6 0 -16.6 Guest ~ 38 -28.6 Total 66.6 ,1 g 14 -4 Da care 10 +10 Communi Building 0 345 344. 299 -46 . Total Overall, the affordable family apartment's portion of the project proposes 1.82 parking stalls per unit which is close to the required ratio of 2 parking stalls per unit. The project site is well served by transit and pedestrian opportunities which reduce the need ~ d oe hce cornere of Dubl n Boulevazdsand Dou1gherty services, including the new Tralee development loca Road. Additionally, a bus stop will be located inside or next to the development which will provide connections to jobs and services in the City as well as the Tri-Valley azea and the BART station. Pedestrian paths and sidewalks will be located throughout the site and bicycle racks have ortationvDue to each of the apartment buildings to encourage residents to use alternative modes of transp 1~~ 1 ~. the location of the bus stop, the nature of the site as an affordable project and services located in walking distance, Staff recommends that the City Council allow the parking ratio for the affordable portion of the project to be established as 1.82 parking spaces per unit as part of the Planned Development. Eden Housing has constructed several affordable senior projects in the Bay Area (including Wicklow :. Square) and has indicated that typically, they provide 0.76 parking stalls per unit, and this ratio has not resulted in any parking problems at their projects. The proposed parking ratio of 0.76 per unit exceeds the industry standard ratio of 0.5 spaces for senior apartments. The lower parking ratio reflects the industry standazd because senior apartment occupants typically have a lower rate of automobile ownership than normal mazket-rate units. In comparison, the senior housing project located next to Target was approved with a ratio of 0.56 parking stalls per unit. Staff has not observed any parking problems at this site, nor has Staff received any complaints regarding the number of available parking spaces. Overflow parking can also be accommodated at the childcare facility during non operating hours, and in the surplus parking spaces provided at the community building. Due to the location of the bus stop, the nature of the site as an affordable project, services located in walking distance and parking reductions allowed at other senior residential projects Staff recommends that the City Council allow the parking ratio for the senior portion of the project to be established as 0.76 parking spaces per unit as part of the Planned Development. Inclusionary Zoning The Inclusionary Zoning Regulations section of the Arroyo Vista Planned Development Zoning Ordinance includes certain provisions that were included in Resolution 136-07 approved by the City Council when it approved the Disposition and Development Agreement between the City and the developers of the Arroyo Vista Project. The Council's Resolution (Attachment 8) preliminarily waived certain requirements of the City's Inclusionary Zoning Ordinance including allowing the project to be treated as one project and the affordability, dispersal (allocation), bedroom size and preference point requirements. It also preliminarily conditionally waived the requirement of concurrent construction of the affordable and market rate units, and directed that certain provisions be included when the zoning was revised. The purpose of the provisions is to allow the market-rate portion of the project to be constructed prior to the affordable portion of the project. If the market-rate project is constructed prior to the affordable project, the developer of the market-rate project (Citation Homes Central} cannot construct more than 112 market rate units unless it has constructed 14 for-sale affordable units, for a total of 126 units so that the construction of affordable units keeps pace with the construction of market rate units. The draft Ordinance rezoning the property to Planned Development (PD} with a related Stage 1/Stage 2 Development Plan is included as Attachment 9 of this Staff Report. Request for Inclusionary Waiver . Chapter 8.68 of the Dublin Municipal Code requires all new residential development projects of ~0 dwelling units or more to construct 12.5% of the total number of dwelling units within the development as affordable units, except as otherwise provided by the Chapter. These units are required to be distributed throughout the site, be dedicated to very-low, low and moderate income, include the full range of bedrooms, be subject to certain preference point requirements and be constructed at the same time as the market-rate units. The Applicant is requesting a waiver of the City's Inclusionary Zoning Regulations under Section 8.68.040.E, which states "The City Council, at its discretion, may waive, wholly or partially waive the requirements of this ordinance and approve alternate methods of compliance with this chapter if the applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of this `: _ chapter." The Applicant is requesting a waiver of affordability, preference points, concurrent construction, equivalent bedroom size and dispersal requirements for this project. ~v `~.. As discussed above, the City Council preliminarily allowed for a waiver of certain provisions of the lnclusionary Zoning Ordinance in its resolution approving the Disposition and Development Agreement between the City and the developers (Attachment 8). The Applicants have requested a waiver from some of the requirements of the Inclnsionary Ordinance, including- permission to calculate the affordable units constructed in the Rental Component and the For- Sale Component as a whole, rather than for each portion of the project. The project as a whole exceeds the 12.5% affordability requirement of the Inclusionary Ordinance by providing a total of 192 affordable units (145 more affordable units than are required) and by providing deeper affordability than required by the Ordinance. The Applicants are also requesting a waiver from the affordability requirements so that the family apartments and senior apartments can be constructed without providing any moderate-income units and the For-Sale Component can be constructed without providing any very low-income or low-income units. The Applicants are requesting a waiver from the preference point requirements included in the Inclusionary Ordinance so that aone-time exception would be provided to enable existing and former Arroyo Vista residents to receive express preference for renting the family and senior units in the Project when they are first available for rent. The Applicants are also requesting a waiver from the requirement of concurrent construction because certain financing and regulatory constraints may impede Eden Housing's ability to initiate construction of the affordable rental units prior to or concurrently with Citation Homes' construction of the market-rate units. Citation Homes will be required to construct the affordable for-sale units concurrently with the market-rate for-sale units. The Applicant has requested a waiver from the equivalent bedroom requirement because Citation plans to construct some 4-bedroom market-rate for-sale units but no 4-bedroom affordable, for-sale units. The Applicants are also requesting a waiver from the dispersal requirement because the affordable rental units will be clustered together in the center of the site and not dispersed as required by the Ordinance. The draft Resolution approving a waiver of some of the requirements of the Inclusionary Zoning Ordinance for this project is included as Attachment 10 of this Staff Report. NOTICING: In accordance with State Law, a notice regarding tonight's hearing was published in the Valley Times and was mailed to all property owners and tenants within 300 feet of the Project Site and all persons who requested a copy of the notice. Additionally, Staff sent notices to all existing and former tenants of the existing Arroyo Vista development (who have moved since the spring of 2007) and sent notices to all properly owners and tenants between Alamo Creek and Dougherty Road up to the Alameda/Contra Costa County line which maybe impacted by the Project. CONCLUSION: The Applicants are requesting approval of a 378-unit residential development which includes affordable family apartments, affordable senior apartments, market-rate attached and detached units, community building and childcare facility. The proposed development includes a mixture of architectural styles which all utilize common American architectural design themes. The redeveloped Arroyo Vista Project wil] enhance the existing area and provide a unique development within the City. RECOMMENDATION: -; ~ 55 ! ~~ ~_ _ -'. } , Staff recommends that the City Council:.l) 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 first reading and introduce an Ordinance approving a Planned _ Development (PD) rezone and a related Stagel/Stage 2 Development Plan for Arroyo Vista• and b Continue the matter to the City Council Meeting on September 1, 2009. ~ ) ~~ ~a __. _ ._ c~5~s RESOLUTION NO. XX-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CERTIFYING AN ENVIRONMENTA TIMPND M TIGATIONS AND ALTERNATIVES, A CONCERNING SIGNIFICANT IMPAC STATEMENT OF OVER.RI G PROGRAM FORTTHE ARROYO STA PROJECT MONITORING AND REPORT LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07) PA 07-028 WI~REAS, the Arroyo Vista Project hereafter "Arroyo Vista" proposes to demolish the existing 150 unit residential development and construct 378 residential units on an approximately 24.13 gross acre parcel located at 6700 Dougherty Road. The Project also proposes to amend the General Plan to increase the allowable density on the site and allow both attached and detached units; to adopt a PD, Planned Development District rezoning with related Stagel/Stage 2 Development Plan; to approve a Vesting Tentative Tract Map and a Site Development Review. These proposed actions are collectively referred to as the "Project"; and WFIEREA5, Eden Housing Inc. and Citation Homes Central, submitted applications for future development of approximately 378 units including attached, detached and senior housing as well as a community building and a daycare; and WHEREAS, the City prepared an Initial Study dated December 2007 for the Project consistent with CEQA Guidelines section 15063 and determined that an Environmental Impact Report (hereafter `BIR") was required in order to analyze significant impacts associated with the project; and WHEREAS, the City circulated a Notice of Prep ~ tation on the scope of the EIR. The C ty al o Study, to public agencies and interested parties for c conducted a public scoping meeting on January 16, 2008; and WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City prepared a Draft EIR dated January 2009 (SCH No. 2007122066) which reflected the independent judgment of the City as to the potential environmental effects of the Project. The Draft EIR was circulated for the required 45 day public review period, from January 31, 2009 to March 23, 2009; and WHEREAS, the City received comment letters from the public and State and local agwntten during the public review period. The City prepared a Final EIR dated April 2009 containing responses to all comments received during the public review period, which responses provide the City's good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, a Staff Report, dated Apri128, 2009, and incorporated herein by reference, described and analyzed the Draft and Final EIRs and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the Staff Report, and the Draft and Final ElRsbae a noticed public hearing on April 28, 2009, at which time all interested parties had the opportunity heard. Following the hearing and based on the record before it, the Plannin~dCommisaslon n°g ~e Resolution 09-12 recommending certification of the EIR and Resolutions 09-15 PP 1 X55 ~~ Site Development Review and Vesting Tentative Map and Resolutions 09-13 and 09-14 recommending that the City Council adopt a Resolution approving amendments to the General Plan and adopt an Ordinance rezoning the project site, which resolutions are incorporated herein by reference and available for review at the Planning Division in City Hall at 100 Civic Plaza, Dublin, CA 94568; and . WHEREAS, on July 28, 2009 at a duly noticed public hearing, the Planning Commission reviewed minor modifications to the Stage 1/Stage 2 Development Plan related to the provision of affordable housing on the site and adopted Resolution 09-32 recommending City Council approval of the modified development plan. Resolution 09-32 replaces Planning Commission resolution 09-14 and is incorporated herein by reference; and WHEREAS, a Staff Report dated August 18, 2009 and incorporated herein by reference, described the Draft and Final EIRs and the Project for the City Council;-and WHEREAS, the City Council reviewed the Staff Report, and the Draft and Final EIRs at a noticed public hearing on August 18, 2009, at which time all interested parties had the opportunity to be heard; and WHEREAS, on August 18, 2009, the City Council opened the Public Hearing, Closed the Public Hearing and continued the matter to September 1, 2009; and WHEREAS, the Draft and Final EIRs reflect the City's independent judgment and analysis on the potential for environmental impacts and constitute the Environmental Impact Report for the Arroyo Vista Project; and WHEREAS, the Project would have significant effects on the environment, most of which can be substantially reduced through mitigation measures; therefore, approval of the Project must include mitigation findings as set forth in attached Exhibit A; and WHEREAS, some of the significant effects cannot be lessened to a level of less than significant; therefore, approval of the Project must include findings concerning alternatives as set forth in attached Exhibit A and a Statement of Overriding Considerations as set forth in attached Exhibit B; and WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is contained in attached Exhibit C; and WHEREAS, the Draft and Final EIRs are separately bound documents, incorporated herein by reference, and are available for review during normal business hours in the City Planning Division, file PA 07-028. The custodian of the documents and other materials which constitute the record of proceedings for the Arroyo Vista Project is the Planning, Division, City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, attn: Erica Fraser. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin City Council certifies the following: A The EIR has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. 2 . ~~ ~- X55 B The EIR was presented to the City Coo ct who reviewed and considered the information contained therein prior to approving the Pr C. The EIR reflects the City's independent judgment and analysis on the potential for environmental effects of the Arroyo Vista Proj ect. BE IT FURTHER RESOLVED that the Dublin City Council adopts the Findings concerning sig~uficant im acts and mitigations and alternatives set forth in Exhibit A, the Statement f ~ Ebit C wrhich exhibits P forth in Exhibit B, and the Mitigation Monitoring and Reporting Program s are incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 1~` day of September 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3 E~'~IIBIT A 11 ~- ~ 55 FINDINGS CONCERNING SIGNIFICANT IMPACTS AND NIITIGATION MEASURES AND ALTERNATNES Pursuant to Public Resources Code section 21081 and CEQA Guidelines sections 15091, the City Council hereby makes the findings in part 1 below with respect to the potential for significant environmental impacts from the Arroyo Vista project, PA 07-028 6700 Dou those impacts. Many of the impacts and mitigation measures in tthe folloawing findn gsanareosummarized rather than set forth in full. The text of the Draft and Final EIRs (EIRs) should be consulted for a complete description of the impacts and mitigations. CEQA requires that an EIR "describe a -range of reasonable alternatives to the proj ect, or to the location of the project, which would feasibly.attain most of the basic objectives of the project..." (CEQA Guidelines Section 15126.6(a)). If a project alternative will substantially lessen the significant environmental effects of a proposed project, the decisionmaker should not approve the proposed project unless it determines that specific economic, legal, social, technological, or other considerations,... make the project alternative infeasible" (CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(x)(3)). The City Council hereby makes the findings in Part 2 below with respect to alternatives. Part 1, Findings regarding impacts and mitigation measures. Impact 4.1-1, Impacts to Aesthetics/Light and Glare (DE1R p. 25) Mitigation Measure 4 1-1 As a condition of Site Development Review for the Arroyo Vista Project, the City of Dublin shall require submittal of lighting plans, including photometric detail, to ensure that all exterior light fixtures will either be oriented downward or equipped with cut-off lenses to ensure no spillover of unwanted light onto adjacent properties or Alamo Creek. The lighting plan shall be approved by the Community Development Department and Police Services Department prior to issue of the first Building Permit (DEIR p. 25). Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The mitigation measure will ensure that exterior light fixtures will not spillover onto the adjacent properties or Alamo Creek. Impact 4.1-2, Aesthetics/Scenic Resources (DEIR p. 26) Mitigation Measure 4 1-2. a) The final landscape plan shall show that the existing Heritage Tree which is proposed to be removed as a part of the residential development will be replaced with three 36-inch box size redwood trees on the Site. b) The final landscape plan shall show that the trees planted adjacent to Dougherty Road would be a minimum of 36-inch box size, be of a fast growing variety and conform to the City's adopted Streetscape Master Plan. c) Replacement trees shall be provided in the interior of the Project Site, at a minimum ratio of 1 replacement tree for each tree removed (DEIR p. 26). F~ Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the ElR. Rationale for Finding. The mitigation measure will require the replanting of large replacement trees on the site to mitigate the loss of a Heritage Tree. Impact 4.2-1, Air Quality/Demolition and Construction Impacts (DEIR p. 35-36) Mitigation Measure 4.2-1a. The following dust control measures shall be followed by contractors during demolition of existing structures: a) Watering shall be used to control dust generation during demolition of structures and break-up of pavement. b) All trucks hauling demolition debris from the Site shall be covered. c) All demolition activity shall comply with BAAQMD Regulation 11, Rule 2, which regulates airborne toxic pollutants through inspection and law enforcement during demolition. This regulation requires that the District be notified ten days in advance of any proposed demolition the District must be provided information on the amount and nature oocation of the waste disposal si e to be used (DEIR and methods to be employed, and the name and 1 p. 36). Mitigation Measure 4.2-1b. The following dust control measures shall be implemented by all contractors during construction of the proposed unprovements. These include but are not limited to B d Q~ Bhese and Enhanced measures to reduce construction impacts. According to the BAAQMD; p g measures reduces particulate matter impactatePedlat least twice daily.less-than-significant level. a) All active construction areas shall be w b) Stockpiles of debris, soil, sand, or other materials that can be blown by the wind shall be covered or watered. c) All trucks hauling soil, sand, and other loose materials shall be covered, or trucks shall maintain at least two feet of freeboard. d) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. e) All paved access roads, parking areas, and stagingmatenal is visibleion sites shall be swept daily with water sweepers, including adjoining streets, if soil f) Inactive construction areas (previously graded areas inactive for ten days or more) shall be hydroseeded or a non-toxic soil stabilizer applied. g) Exposed stockpiles (dirt, sand, etc.) shall be enclosed, covered or watered at least twice daily. h) Traffic speeds on unpaved roads shall be limited to 1 ~ miles per hour. i) Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways and Alamo Creek. j) Alternative fueled construction equipment shall be used to the extent feasible. k) Vehicle idling time shall be minimized (5 minutes maximum) and all equipment shall be properly tuned, 1) The hours of operation of heavy equipment and/or the amount of equipment in use shall be minimized (DEIR p. 36). Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Findin Compliance with the mitigation measures will ensure that construction and demolition activities will not generate significant exhaust emissions or fugitrvc dust. 2 i~l ~' `155 , Impact 4.3-1, Biological Resources/Impacts to nesting birds. (DEIR p. 65) Mitigation Measure 4.3-1. Clearing of vegetation and the initiation of construction shall be limited to the non-breeding season between September and January. If these activities cannot be done in the non- breeding season, a qualified biologist shall perform pre-construction bird surveys within 30 days prior to construction or clearing of vegetation. If nesting birds, such as loggerhead shrike, are discovered in the vicinity of planned development, buffer areas shall be established around the nest until the nest is vacated. The size and duration of the buffer will depend on the particular species of nesting bird present and shall be established by a qualified biologist (DEIR p. 65). Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Findin The above mitigation measure will reduce impacts to nesting birds to a less than significant level by limiting disturbance to nests to times when there is a low probability of nesting birds being present on the site. Impact 4.3-2, Biological Resources/Impacts to potential bat habitat (DEIlZ p. 66) Mitigation Measure 4 3-2. Pre-construction bat surveys shall be conducted on the Site by a qualified biologist between November 1 and August 31, to include trees, and buildings subject to removal or demolition for evidence of bat use (guano accumulation, or acoustic or visual detections). If evidence of bat use is found, biologists shall conduct a minimum of three acoustic surveys between April and September under appropriate conditions using an acoustic detector to, determine whether a Site is occupied. If bats are found, a qualified biologist shall supervise any removal and such removal shall occur only during the fall prior to construction (DEIR p. 66). F dingy. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Findin . The mitigation measure reduces impacts to bat habitat to a less than significant level by requiring bat surveys to determine if the site is occupied and by requiring a qualified biologist to supervise the removal of any bats during the fall months prior to construction. The mitigation ensures that bat habitat will not be removed or di$turbed when bats are present. Impact 4.3-3, Biological Resources/Impacts to Fish (DEIlZ p. 66) Mitigation Measure 4 7-1. Project Developer(s) shall prepare: a) Erosion Control Plan(s) consistent with City of Dublin and Regional Water Quality Control Board standards to minimize run-off from the Site during construction. To ensure that erosion impacts are reduced to aless-than-significant impact to nearby fish and sensitive aquatic species in Alamo Creek and other bodies of water, Erosion Control Plan(s) shall be reviewed and approved by a biologist to ensure that no impacts will occur to steelhead and other sensitive aquatic species. The Erosion Control Plan shall include exclusion fencing to preclude the potential for California Red-legged Frogs from entering the Project Site. Erosion Control Plan(s) shall be approved by the Dublin Public Works Department prior to issuance of a grading permit. b) A Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices (BMPs) for construction and post-construction conditions. The SWPPP shall be prepared to Regional Water Quality Control Board standards and Alameda County Clean Water Program requirements. The 3 ~o ~~- ~ 55 SWPPP shall be prepared prior to issuance of a demolition permit by the City of Dublin to avoid spill over of material into Alamo Creek during demolition. The BMPs shall include, but is not limited to incorporation of grassy swales into landscaped areas, use of filtration devices, covering of solid waste and recycling areas and similar features (DEIR p. 66 and 79). Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. Compliance with Mitigation Measure 4.7-1 requires the developer to prepare and implement an Erosion Control Plan'and a Stormwater Pollution Prevention Plan in accordance with standards and practices recommended by the San Francisco Bay Regional Water Quality Control Board. Compliance will ensure that pollutant runoff into Alamo Creek and bodies of water will be minimised and thus will riot impact sensitive fish species or red-legged frog during construction or operation of the Project. Impact 4.4-1, Cultural Resources/Impacts to Prehistoric, Archeological and Native American Resources (DEIR p. 69-70) Mitigation Measure 4.4-1. Prior to issuance of a grading permit, a program of mechanical subsurface presence/absence testing for cultural resources shall be completed by a qualified archeologist approved by the Dublin Community Development Department, utilizing a mechanical core sampler in the open space areas of the existing development to search for potentially buried archaeological deposits. In the event that any such deposits are discovered, Project work in the vicinity of the deposits shall be immediately halted and additional core samples shall be taken if needed to map the extent and depth below the surface of potentially significant cultural materials. i ``:; ..; If it is determined that new construction activities will impact resource deposits, a plan for the evaluation of the deposit(s) consistent with CEQA Guidelines Section 15064.5 shall be submitted to the City of Dublin and other appropriate agencies for approval. Evaluation shall be completed to determine if the resources are eligible for inclusion on the California Register of Historic Resources (CRHR) and/or the National Register of Historic Places (NRI~). If human remains are encountered, the County Coroner shall be contacted immediately (DEIR p. 69-70). Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The mitigation measure requires'.more specific site investigations .to determine if unlrnown resources exist and requires specified actions in the event that cultural resources are found on the site. Impact 4.5-1, Geology and Soils/Soil Hazards (DEIIZ p. 73) Mitigation Measure 4.5-1. Future Site improvements shall be designed and constructed in a manner consistent with the Project geotechnical report. These include but are not limited to: (DEIR p. 74) a) Testing and removal of all undocumented fill material on the Site. b) Proper compaction of engineered fill material. c) Installation of proper subdrainage facilities. d) Use ofpost-tensioned and/or mat slab building foundations (DEIR p. 74). 4 a~ ~ ~~~ Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. Compliance with this mitigation measure will reduce these impacts to a less than _- significant level by requiring the design and construction of site improvements to implement recommendations included in the Project geotechnical report for expansive soils and/or undocumented fills. Impact 4.6-1 Hazards and Hazardous Materials/Soil Contamination with Lead. (DEIR p. 76) Mitigation Measure 4.6-1. Prior to grading activities, but after demolition~of existing improvements, soil samples shall be collected and analyzed for lead using EPA methods. If actionable levels of lead are found on the Site, a remediation program shall be prepared by a qualified consultant and implemented. Necessary permits and approvals shall be obtained from appropriate regulatory agencies, including the Bay Area Air Quality Management District. Worker safety plans shall be included in any remediation plan (DEIR p. 76). Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The mitigation measure requires a focused analysis for the presence of lead in site soils prior to grading'and requires that appropriate remediation actions, including worker safety plans, be implemented if actionable amounts of contamination aze found on the Project site. Impact 4.6-2, Hazards and Hazardous Materials/Asbestos and Lead Based Paint (DEIR p. 76-77) ;. Mitigation Measure 4.6-2. The following actions shall be taken before issuance of the first demolition permit, if multiple permits aze issued by the City: a) Asbestos containing material shall be removed by a licensed contractor and disposed of in a landfill licensed to accept this level of contaminated material. If required, a permit shall be obtained from the Bay Area Air Quality Management District prior to commencement of work. b) Testing and analysis for lead based paints shall be conducted, If such materials are found, remediation shall be completed by a licensed contractor. Necessary permits shall be obtained prior to commencement of work (DEIR p. 77). Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The mitigation measure ensures that any asbestos and lead paint will be safely removed prior to building demolition and requires that a permit be obtained from the Bay Area Air Quality Management District prior to the commencement of removal of asbestos. Impact 4.7-1, Hydrology and Water Quality/Soil Erosion, Siltation and violation of Water Quality Standards (DEIR p. 79) Mitigation Measure 4.7-1. Project Developer(s) shall prepare: a) Erosion Control Plan(s) consistent with City of Dublin and Regional Water Quality Control Board standards to minimize run-off from the Site during construction. To ensure that erosion impacts are reduced to aless-than-significant impact to nearby fish and sensitive aquatic species in Alamo Creek and other bodies of water, Erosion Control Plan(s) shall be reviewed and approved by a biologist to 5 ~~ `~ ~ 5 5 ensure that no impacts will occur to steelhead and other sensitive aquatic species. The Erosion Control Plan shall include exclusion fencing to preclude the potential for California Red-legged Frogs from entering the Project Site. Erosion Control Plan(s) shall be approved by the Dublin Public Works Department prior to issuance of a grading permit. b) A Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices (BMPs) for construction and post-construction conditions. The SWPPP shall be prepared to Regional Water Quality Control Board standards and Alameda County Clean Water Program requirements. The SWPPP shall be prepared prior to issuance of a demolition permit by the City of Dublin to avoid spill over of material into Alamo Creek during demolition. The BMPs shall include, but is not limited to incorporation ~of grassy swales into landscaped areas, use of filtration devices, covering of solid waste and recycling areas and similar features (DEIR p. 79). Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The above mitigation measure will ensure that the developers incorporate state of the art Best Management Practices into construction and post-construction activities to reduce soil erosion and other water quality contaminants resulting from these activities. Impact 4.7-2, hydrology and Water Quality/Alteration of Drainage Patterns, Flooding and Drainage System Capacity (DEIR p. 80) Mitigation Measure 4.7-2. Project Developer(s) shall prepare a drainage and hydrology plan using Regional Water Quality Control Board, Zone 7 and City drainage criteria which shall indicate that adequate on and off-site capacity exists in local and regional drainage facilities to accommodate the direction, rate and amount of increased stormwater runoff. If necessary, developer(s) shall upgrade undersized drainage facilities to ensure that: a) no on-site flooding would occur; and b) downstream drainage facilities are not overburdened by Project drainage. The drainage and hydrology plan shall be approved by the Dublin Public Works Department and Zone 7 and all recommendations for drainage improvements shall be incorporated into Project improvement plans (DEIR p. 80 as revised in FEIR p. 3, 12). Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The mitigation measure will avoid impacts related to the alteration of drainage patterns, flooding and drainage system capacity by ensuring that adequate capacity exists in downstream drainage facilities to accommodate stormwater runoff related to the Project and to eliminate the potential for on-site flooding. Impact 4.8-1, Noise/Short-term Construction Noise (DEIR p. 86-87) Mitigation Measure 4.8-1. Project Developer(s) shall prepare a Construction Noise Management Plan for approval by the Dublin Planning Manager and Building Official prior to issuance of a demolition permit. The Construction Noise Management Plan shall contain specific elements to reduce demolition and construction noise to the lowest possible noise level, including but not limited to limiting days and hours of demolition and construction activities, requiring mufflers for gasoline-powered equipment, using electric-powered equipment to the fullest extent possible, and provisions for providing advance notice to \ surrounding residents for major noise producing events. If the Project is constructed in phases, the 6 a~~-~~~ Construction Noise Management Plan shall include specific measures to reduce on-site noise for existing Site residents and visitors (DEIR p. 86-87). Finding_ Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Findin. The mitigation measure requires specific noise reduction measures to be included in a Construction Noise Management Plan and followed during demolition and construction activities so that noise related to the development of the project does not impact residents on the site or ~ the surrounding properties. Impact 4.8-2, Noise/Traffic Noise Impacts. (DEIR p. 88) Mitigation Measure 4.8-2. Final building plans shall include solid barriers adjacent to Project driveways at Dougherty Road that would reduce exterior noise levels in side and rear yards of dwellings under future cumulative conditions to a level of 65 dBA or less (DEIR p 88). Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the E1R. Rationale for Findin. The mitigation measure ensures that noise generated on Dougherty Road is reduced on the Project site, to City standards, by the installation of a solid noise barrier on Dougherty Road. Impact 4.8-3 Noise/Mechanical Noise Impacts (DEIR p. 88-89) Mitigation Measure 4.8-3. Final building plans for the Project shall be accompanied by a report from a qualified acoustic consultant indicating that all HVAC and other mechanical equipment used in the Project either meets City and state noise exposure levels, or has been enclosed or screened in a manner that ensures compliance with applicable City and state noise exposure levels (DE1R p. 88-89). Findin. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Findin. The mitigation measure ensures that noise generated by on-site mechanical equipment, including HVAC equipment, is reduced to a less than significant level by requiring the equipment to be appropriately located or enclosed to meef City noise standards. Impact 4.8-4, Noise/Parks RFTA Noise Impacts (DEIIZ p. 89) Mitigation Measure 4.8-4. Future residents of the Arroyo Vista Project shall receive written notification at the time of sale, rental or lease of their respective dwelling unit of the potential for helicopter activities, weapons training and similar noise generating activities at Parks RFTA. Written notices shall be approved by the Dublin Community Development Director (DEIR p. 89). Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. ~:.; , 7 a~ ~ ~s5 Rationale for Finding. The mitigation measure ensures that future residents of Arroyo Vista receive written notification of the potential for helicopter activities, weapons training and similar noise generation activities at Parks RFTA. Impact 4.8-5, Noise/Interior Noise Level Impacts (DEIR p. 89-90) Mitigation Measure 4.8-5. Final building plans shall be accompanied by a report from a qualified acoustical consultant indicating that the Project will include appropriate construction techniques to reduce interior noise levels to a maximum of 45 dBA Ldn. This shall include but is not limited to~proper wall construction techniques, installation of appropriate insulation, the selections of proper windows and doors, and the incorporation of forced-air mechanical ventilation systems. Residences located adjacent to Dougherty Road shall also be equipped with a full heating and air-conditioning system because it is unlikely residents would open their windows for ventilation (DEIR p. 90). Findin Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the E1R. Rationale for Finding. The report and construction techniques will ensure that interior noise levels are reduced to a maximum of 45 dBA. Impact 4.11-1, Transportation and Circulation/Local Traffic Delay at Project Driveways. (DEIR p. 104) Mitigation Measure 4.11-1. The South Mariposa Road/Dougherty Road intersection shall be signalized to improve operations to an acceptable level. Signalization will result in LOS A operations. The signal shall• '`' be installed prior to the first Certificate of Occupancy by the City of Dublin (DEIR p. 104). Fem. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The above mitigation measure requires signalization at a Project driveway in order to allow an adequate "gap" in traffic on Dougherty Road so that vehicles can safely exit the Project site. Impact 4.11-2, Transportation and Circulation/Short-Term Cumulative Traffic Impacts (DEIR p. 108) No feasible mitigation measures have been identified. This is a significant and unavoidable impact. Findin .Funds are collected through the City's Traffic Impact Fee program and improvements identified in the program would eventually reduce the impact at the Dougherty Road/Amador Valley Boulevard intersection to a less than significant level. However, because these improvements would not be constructed by 2015 and as discussed in the DEIR (p. 108) it is infeasible to require -the developers to construct these improvements at this time, this impact is significant and unavoidable. Therefore, a Statement of Overriding Consideration must be adopted upon approval of the Project. Specific economic, technical and other considerations make it infeasible to construct these improvements at this time. Rationale for Finding. No measures are available to further reduce these impacts; therefore the impact remains significant and unavoidable. 8 a5 ~- q 55 Impact 4.11-3, Transportation and Circulation/Short-Term Cumulative Traffic Impacts (DEIR p. 108-109) No feasible mitigation measures have been identified. This is a significant and unavoidable impact. Findin .Funds are collected through the City's Traffic Impact Fee program and improvements identified in the program would eventually reduce the impact at the Hacienda Drive/I-580 westbound offramp to a less than significant level. However, because these improvements would not be constructed by 2015 and as described in the DEIR (p. 108-109), it is infeasible to require the developers to construct these improvements at. this time, this impact is significant and unavoidable. Therefore, a Statement of Overriding Consideration must be adopted upon approval of the Project. Specific economic, technical and other considerations make it infeasible to construct these improvements at this time. Rationale for Finding. No measures are available to further reduce these impacts; therefore the impact remains significant and unavoidable. Impact 4.11-4, Transportation and Circulation/Impacts on Side Street Traffic (DEIR p. 109) Mitigation Measure 4.11-4. Signalization of the South Mariposa Road/Dougherty Road intersection would improve operations to an acceptable level. Signalization would result in LOS C operations during the a.m. peak hour and LOS A operations during the p.m. peak hour (DEIR p. 109). Finding. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. This mitigation measure requires signalization at the Project entrance to allow an adequate "gap" in traffic on Dougherty Road so that vehicles can safely exit the site. Impact 4.11-5, Transportation and Circulation/Amador Valley B1vd.IDougherty Rd. Cumulative Traffic Impacts (DE]R p. 115) Mitigation Measure 4.11-5. The Long-term Cumulative scenario assumes that the Dougherty Road Improvement CIP project is complete. Additional intersection modifications required to improve operations to LOS D or better include the addition of a southbound right-turn lane and modification of the traffic signal system to accommodate split phasing for the eastbound and westbound approaches. Should the Camp Parks access not be relocated opposite~Amador Valley Boulevard, then this significant Project impact would not occur. Even with the relocation of access to this location, the City does not have the authority to require the Army to construct unprovements to the Dougherty Road/Amador Valley Boulevard intersection. Therefore, the potential impact remains significant and unavoidable. (DEIR p. 115) Finding. The impact would occur and mitigation improvements be necessary only if the Army relocates its access. Specific economic, technical and other considerations make it infeasible to construct the necessary improvements because the City does not have the authority to require the Army to construct them. Therefore, if the access is relocated, the impact would be significant and unavoidable and a Statement of Overriding Consideration must be adopted upon approval of the Project. 9 a~ ~- X55 Rationale for Finding. Mitigation measures for roadway improvements if the Camp Parks access is relocated are included in the EIR. However, implementation of the measures requires .action on the part of the Army, which the City cannot compel, therefore, the impact remains significant and unavoidable. Impact 4.11-6, Transportation and Circulation/Dublin Blvd./Dougherty Rd. Cumulative Traffic Impacts (DEIR p. 115) No feasible mitigation measures have been identified. This is a significant and unavoidable impact. Findin . This impact cannot be avoided or substantially lessened; therefore, a Statement of Overriding Consideration must be adopted upon approval of the Project. Specific economic, technological, or other considerations, including physical constraints and safety considerations, make it infeasible to construct additional lanes to reduce these impacts. Rationale for Finding. Recent improvements were completed at this intersection. Additional improvements could include a fourth northbound left turn lane; however, this improvement is infeasible because of the potential safety impacts from four adjacent left tum lanes. Therefore these potential impacts associated with this Project cannot be reduced to a less than significant level. Consistent with the General Plan and the future cumulative nature of this potential impact, the City shall continue to monitor intersection operations to assist in compliance with General Plan policies requiring implementation of transportation measures to improve levels of service as appropriate. Impact 4.11-7, Transportation and Circulation/S. Mariposa Dr_./Dougherty Rd. Cumulative Traffic Impacts (DEIR p. 116.) ` Mitigation Measure 4.11-7. Signalization of the South Mariposa Drive/Dougherty Road intersection would improve operations to an acceptable level, LOS B during the a.m. peak hour and LOS A during the p.m. peak hour. This signal shall be installed prior to the first Certificate of Occupancy by the City of Dublin (DEIR p. 116). Fem. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. This mitigation measure requires signalization at the Project entrance to allow an adequate "gap" in traffic on Dougherty Road so that vehicles can safely exit the site. Impact 4.11-8, Transportation and Circulation/Transit Circulation (DEIR p. 122-124) Mitigation Measure 4.11-8. Provide alternate bus circulation and transit amenities necessary to accommodate demand. A final determination of bus routing shall be made through coordination between the City of Dublin, LAVTA and the Project applicant and shall be shown on Project improvement plans. The Project applicant shall provide the necessary bus stops and/or bus pullouts and associated amenities required to implement the final bus routes (DEIR p. 124). Findin . Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant impacts identified in the EIR. Rationale for Finding. The mitigation measure requires the cooperation of the local service provider, the developers and the City to ensure the placement of necessary public transit support facilities to be located on or near the site. 10 P; 2, F~ndin~s re~ardin~ alternatives. In Part 1, the City Council identified the significant and potentially significant environmental effects of the Project and mitigation measures to avoid or reduce those impacts. The City Council found that most of the identified impacts would be reduced to less than significant. The City Council further found that four of the identified traffic impacts could not be reduced to less than significant. Through these findings in Part 2, the City Council examines whether there are feasible alternatives that will substantially reduce the impacts that could not be mitigated to less than significance. The Project objectives are identified on p. 10 of the DEIR. Alternatives are analyzed in Chapter 5 of the DEIR and include the required No Project Alternative, a Reduced Development Alternative and a Mixed Use Development Alternative. Each of the altemativ~s was assessed for each resource topic and compared to potential Project impacts. As further set forth below, the City Council considered the alternatives identified and analyzed in Chapter 5 of the DEIR and finds them to be infeasible for specific economic, social, or other considerations pursuant to CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3). For CEQA purposes, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, technological, and legal factors. (CEQA Section 21061.1, CEQA Guidelines Section 15364.) No Project Alternative Under the No Project Alternative, the existing 150 unit public housing development would continue, subject to ongoing maintenance and repair. Future cumulative traffic conditions at the four significantly affected intersections would continue to be unacceptable but there would be'no additional traffic from the Project. Similarly, side street traffic would continue to experience delays under existing and cumulative conditions, but there would be no additional traffic from the Project. There would also be no sigaalization to relieve the side street delays as identified Proj ect mitigations would also not be implemented_ By eliminating Project traffic, the No Project Alternative eliminates the Project's unavoidable significant traffic impacts. However, the City finds this alternative infeasible because it would not accomplish the basic Project objectives identified in the DEIR other than maintaining a minimum of 150 income restricted dwellings on the site. The aging dwellings and infrastructure would continue to require considerable maintenance and would continue an inefficient lower density development pattern on a relatively unconstrained infill site. The No Project Alternative would not provide amixed-income community with a variety of housing types, would not upgrade the appearance of the units and would not upgrade the infrastructure beyond basic health and safety code requirements. Alternative 2: Reduced Development Under the Reduced Development Alternative, the existing development would be demolished and replaced by approximately 238 dwellings rather than the 378 proposed by the Project. The Alternative 2 development would be approximately 10 units/acre, with the units clustered generally in the center of the site fiuher from Dougherty Road and Alamo Creek than the Project. Alternative 2 would reduce the amount of additional traffic as compared to the Project but because traffic would nevertheless be increased over existing levels, the Project's unavoidable effects would not be eliminated. As demonstrated in the DEIR, all four of the significant intersections. are projected to experience unacceptable levels of service under short term cumulative (Impacts 4.11-2 and -3) and long term cumulative (Impacts 4.11-5 and -6) ' conditions without the Project. Anticipated traffic under Alternative 2 would be less than for the Project but would still exacerbate prof ected unacceptable conditions. 11 Alternative 2 would implement Project objectives to maintain a minimum of 150 income restricted units and would allow upgraded development and infrastructure on the site. Unlike the Project, however, it would not increase the number of affordable units and would provide less income diversity opportunities. This alternative would also continue a relatively low-density land use pattern that does not make efficient use of afully-served infill site. Furthermore, the lowei density and clustered unit location for this Alternative were identified in response to potential traffic noise along Dougherty Road and the potential for impacts to Alamo Creek. As demonstrated in the DEIR, however, the Project is not expected to result in significant traffic noise or creek-related biological or hydrological impacts. Thus, the alternative is not necessary as a means of avoiding significant impacts in these two resource areas. Since this alternative does not avoid the Project's significant traffic impacts, does not provide efficient development of a relatively unconstrained infill site, and does not avoid any otherwise unavoidable impacts, the City Council finds the Reduced Development Alternative infeasible. Alternative 3: Mixed Use Development Under the Mixed Use Development Alternative, the existing development would be demolished and replaced by 188 low and very-low income units on 18.8 acres of the site at an approximately 10 unit/acre density. The approximately 5-acre balance of the site would be developed for local serving commercial development along Dougherty Road and assuming 54,500 square of development. The intent of the commercial development would be to buffer residential areas from traffic noise on Dougherty Road. This alternative would not include child care or community center facilities. Alternative 3 would increase the amount of traffic over existing levels and would generate more traffic than the Project, thus, the Project's unavoidable effects would not be eliminated. As demonstrated in the DEIR, all four of the significant intersections are projected to experience unacceptable levels of service under short term cumulative (Impacts 4.11-2 and -3) and long tem7 cumulative (Impacts 4.11-5 and -~ conditions without the Project. Anticipated traffic under the Project would exacerbate projected unacceptable conditions; Alternative 3 would further exacerbate the congestion due to increased traffic generation beyond Project levels. Alternative 3 would implement Project objectives to maintain a minimum of 150 income restricted units and would provide additional affordable units beyond the existing number. It would also provide upgraded development and infrastructure on the site. However, this alternative would not meet Project objectives for economic diversity. At a residential density of 10 units,/acre, this alternative would also continue a relatively low- density land use pattern that does not make efficient use of afully-served infill site. Furthermore, while the commercial area may provide some buffer to Dougherty Road traffic noise for some of the residential area, the DEIR discloses that the commercial uses create the potential for significant noise impacts related to the commercial operations, such as noise from patrons or from truck deliveries. In any case, the DEIR does not identify unavoidable traffic noise impacts from the Project, so this alternative would notbe necessary to avoid a significant impact. This alternative does not avoid the Project's significant traffic impacts, does not provide efficient development of a relatively unconstrained infill site, and does not avoid any otherwise unavoidable impacts, therefore, the City Council finds the Mixed Use Development Alternative infeasible. G:lArroyo YistaICCPH1Exh A Mitigation Findings.doc 12 a~ `~ 55 - EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS 1. General. Pursuant to CEQA Guidelines Section 15093, the City Council of the City of Dublin makes the following Statement of Overriding Considerations. The City Council has balanced the benefit of the Arroyo Vista Project to the City of Dublin against the adverse impacts identified in the Environmental Impact Report (E1R) as significant and potentially significant which have not been mitigated to a less than significant impact. Pursuant to Section 15093, the City Council hereby determines that the benefits of the Arroyo Vista project outweigh the adverse impacts and the Project should be approved. . The City Council has carefully considered each impact in reaching its decision to approve the Project. Even with mitigation, the City Council recognizes that the implementation of the Project carries with it unavoidable adverse environmental effects as identified in the EIR. The City Council specifically finds that to the extent that the identified adverse or potentially adverse impacts for the project have not been mitigated to acceptable levels, there are specific social, land use, provision of affordable housing and -other considerations that support approval of the project. 2. Unavoidable Significant Adverse Impacts. The following unavoidable significant environmental impacts are associated with the proposed Project as identified Draft EIR Transportation and Circulation/Short-term cumulative traff c impacts, Impact 4.11-2. Under Short-term Cumulative (2015) Conditions, the intersection of Dougherty Road/Amador Valley Boulevard would operate at unacceptable LOS F conditions during the a.m. and p.m. peak hours. The addition of Project traffic would exacerbate this condition. Transportation and Circulation/Short-term cumulative traffic impacts, Impact 4.11-3. Under Short-term Cumulative (2015) Conditions, the intersection of Hacienda Drive/I-580 Westbound Off-Ramp would operate at unacceptable LOS E conditions during the a.m. peak hour. The addition of Project traffic would . exacerbate this condition. Transportation and Circulation/Amador Valley Blvd./Dougherty Rd. cumulative traffic impacts, Impact 4.11-5. The assumed relocation of the Camp Parks access onto Dougherty Road opposite Amador Valley Boulevard results in the Dougherty Road/Amador Valley Boulevard -Camp Parks intersection operating at an unacceptable LOS E during the a.m. and p.m. peak hours under Long-term Cumulative (2025) Conditions. The addition of Project traffic would exacerbate this condition. Should the Camp Parks access not be moved, this impact will not occur. Even with the relocation of the access, the City does not have the authority to require the Army to construct roadway improvements and therefore this is a significant impact. Transportation and Circulation/Dublin Blvd./Dougherty Rd. cumulative traffic impacts, impact 4.11-6. Under Long-term Cumulative (2025) Conditions, the Dublin Blvd.lDougherty Rd. intersection would . operate at an unacceptable LOS E during the p.m. peak hour. The addition of Project traffic will exacerbate this condition. ~: ~~ ~~~ 3. Overriding Considerations. The City Council has carefully considered each impact in reaching its decision to approve the Project. The City Council now balances those unavoidable impacts, against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the Project as further set forth below. The Project will redevelop an underutilized site within the City that would otherwise need significant maintenance and modernization to support the residents. The Project site is an infill site, served by public utilities, and convenient to major arterials, services, and public transit. The Project increases density to make more efficient use of the site's infill location and is similar to nearby residential densities. Development of the site as a new residential community will provide new residential opportunities within the City as well as creating amixed-income community. The new development will increase the amount of and type of affordable housing within the City of Dublin, including senior housing, family apartments and for-sale dwelling units. The number of affordable rental units will increase from 150 to 178 units. An additional 14 affordable for-sale units will be provided in compliance with the inclusionary housing ordinance. The affordable rental housing component will also contain deeper affordability. As explained in the FEIR (p. 26), the existing units are available to residents with incomes at or below 80% of Area Median Income while the new units will be affordable at or below 60% of the Area Median Income for the family units and at.or below 50% of the Area Median Income for the senior units. The Project continues to include a child care facility, providing a valuable and needed resource to the residents of the Project and to the Dublin community. Development of the site will also provide construction employment opportunities for Dublin residents. 2 Arroyo Vista EIR Mitigation Monitoring and Reporting Program PA #07-028 August 2009 Mitigation Measure Implementing Res onsibili Monitoring Res onsibili Monitoring Schedule Verification Mitigation Measure 4.1-1. As a condition of Site Project Dublin Prior to approval Development Review for the Arroyo Vista Developers Community both public Project, the City of Dublin shall require submittal Development improvement of lighting plans, including photpmetric detail, to Department plans (for street ensure that all exterior light fixtures will either be lights) and final oriented downward or equipped •with cut-off building plans lenses to ensure no spill-over of unwanted light (for light fixtures onto adjacent properties or Alamo Creek. The ~ on private lighting plan shall be approved by the property) Community Development Department and Police Services Department prior to issue of the first building permit. Mitigation Measure 4.1-2 . Project Dublin Shown on final a) The final landscape plan shall show that the Developers Community landscape plans existing Heritage Tree which is proposed to Development be removed as a part of the residential Department development will be replaced with three 36- inch box size redwood trees on the Site. b) The final landscape plan shall show that the trees planted adjacent to Dougherty Road would be a minimum of 36-inch box size, be of a fast Qrowing variety and conform to the W ..- N Mitigation Measure Implementing Responsibility Monitoring Monitoring Responsibility Schedule Verification City's adopted Streetscape Master Plan. c) Replacement trees shall be provided in the interior of the Project Site, at a m?n;rnum ratio of 1 replacement tree for each tree removed. Mitigation Measure 4.2-1a. The following dust Project Dublin Building Included on plans control measures shall be followed by Developers Division and specifications contractors during demolition of existing for demolition structures: activities a) Watering shall be used to control dust generation during demolition of structures and break-up of pavement. b) All trucks hauling demolition debris from the Site shall be covered. , , c) All demolition activity shall comply with • BAAQMD Regulation 11, Rule 2, which regulates airborne toxic pollutants through inspection and law enforcement during demolition. This regulation requires that the District be notified ten days in advance of any proposed demolition the District must be provided information on the amount and nature of any hazardous pollutants, nature of planned work and methods to be . . employed, and the name and location of the waste disposal site to be used Miti ation Measure 4.2-1b. The followin dust Prq'ect Dublin Buildin Included on lans Arroyo Vista Project Page 2 Mitigation Monitoring and Reporting Program City of Dublin W c1.1 LJl Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule control measures shall be implemented by all Developers Division and specifications for grading contractors during construction of the proposed activities improvements. These include but are not limited to BAAQMD Basic and Enhanced measures to reduce construction impacts. According to the BAAQMD, adopting these measures reduces particulate matter impacts (PM10 and PM2.5) to a less-than-significant level. . a) All active construction areas shall be watered at least twice daily. b) Stockpiles of debris, soil, sand, or other . materials that can be blown by the wind shall be covered or watered. c) All trucks hauling soil, sand, and other loose materials shall be covered, or trucks shall maintain at least two feet of freeboard. d) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. e) All paved access roads, parking areas, and staging areas at construction sites shall be swept daily with water sweepers, including adjoining streets, if soil material is visible. f) Inactive construction areas (previously graded areas inactive for ten days or more) shall be hydroseeded or a non-toxic soil stabilizer applied. ~l Exposed stockpiles (dirt, sand, etc.) shall be _ Arroyo Vista Project Mitigation Monitoring and Reporting Program City of Dublin Page 3 W VqJ '-T`Y CS'~ ,:. . Mitigation Measure Implementing Monitoring Monitoring Responsibility Responsibility Schedule Verification enclosed, covered or watered at least twice daily. h) Traffic speeds on unpaved roads shall be limited to 15 miles per hour. i) Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways and Alamo Creek. j) .Alternative fueled construction equipment shall be used to the extent feasible. k) Vehicle idling time shall be minirni~ed (5 minutes maximum) and all equipment shall be properly tuned, 1) The hours of operation of heavy equipment and/or the amount of equipment in use shall be minirni~ed. . , Mitigation Measure 4.3-1 -Clearing of vegetation Project Dublin Building Included on plans and the initiation of construction shall be limited Developers Division and specifications to the non-breeding season between September for grading and January. If these activities cannot be done in activities the non-breeding season, a qualified biologist shall perform pre-construction bird surveys within 30 days prior to construction or clearing of vegetation. If nesting birds, such as loggerhead . shrike, are discovered in the vicinity of planned development, buffer areas shall be established around the nest until the nest is vacated. The size and duration of the buffer will depend on the. articular s ecies of nestin bird resent and Arroyo Vista Project Page 4 Mitigation Monitoring and Reporting Program City of Dublin ~~ q.S- "-T-' lS1 L~ Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule shall be established by a qualified biologist. Mitigation Measure 4.3-2. Pre-construction bat Project Dublin Planning Prior to grading surveys shall be conducted on the Site by a Developers Division activities and for qualified biologist between November 1 and major tree August 31, to include trees, and buildings subject removals to removal or demolition for evidence of bat use (guano accumulation, or acoustic or visual detections). If evidence of bat use is found, biologists shall conduct a minimum of three acoustic surveys between April and September under appropriate conditions using an acoustic detector to determine whether a Site is occupied. If bats are found, a qualified biologist shall supervise any removal and such removal shall occur only during the fall prior to construction. Mitigation Measure 4.4-1. Prior to issuance of a Project Dublin Planning Prior to issuance grading permit, a program of mechanical Developers Division of a grading subsurface presence/absence testing for permit cultural resources shall be completed by a . qualified archeologist approved by the Dublin Community Development Department, utilizing a mechanical core sampler in the open . space areas of the existing development to search for potentially buried archaeological deposits. In the event that any such deposits are discovered, Project work in the vicinity of the de osits shall be immediatel halted and n.. c Arroyo Vista Project r "a° ~' _ t~ Mitigation Monitoring and Reporting Program ~ City of Dublin J1 Mitigation Measure Implementing Responsibility Monitoring Monitoring Responsibility Schedule Verification additional core samples shall be taken if needed to map the extent and depth below the surface of otentiall si ' icant cultural materials. If it is determined that new construction activities will impact resource deposits, a plan for the evaluation of the deposit(s) consistent with CEQA Guidelines Section 15064.5 shall be submitted to the City of Dublin and other appropriate agencies for approval. Evaluation shall be completed to determine if the resources are eligible for inclusion on the California Register of Historic Resources (CRHR) and/or the National Register of Historic Places (NRHP). If human remains are, encountered, the County Coroner shall be contacted immediately. Mitigation Measure 4.5-1. Future Site Project Dublin Building Prior to issuance improvements shall be designed and Developers Division of building permit constructed in a manner consistent with the Project geotechnical report. These include but are not limited to: a) Testing and removal of all undocumented fill material on the Site. b) Proper compaction of engineered fill material. c) Installation of proper subdrainage facilities. d) Use ofpost-tensioned and/or mat slab building foundations. Arroyo Vista Project Page 6 Mitigation Monitoring and Reporting Program City of Dublin . ,6°- CJ1 Mitigation Measure Implementing ~ Monitoring Monitoring Verification Responsibility Responsibility Schedule Mitigation Measure 4.6-1. Prior to grading Project Dublin Planning Prior to issuance but after demolition of existing activities Developers Division of grading permit. , improvements, soil samples shall be collected and but before commencement of analyzed for lead using EPA methods. If construction actionable levels of lead are found on the Site, a remediation program shall be prepared by a qualified consultant and implemented. Necessary • permits and approvals shall be obtained from appropriate regulatory agencies, including the Bay Area Air Quality Management District. - Worker safety plans shall be included in any remediation plan. Mitigation Measure 4.6-2. The following actions Project Dublin Building Prior to issuance shall be taken before issuance of the first Developers Division of the first demolition permit demolition permit, if multiple permits are issued by the City: a) Y~sbestos containing material shall be removed by a licensed contractor and disposed of in a landfill licensed to accept this ,• level of contaminated material. If required, a permit shall be obtained from the Bay Area Air Quality Management District prior to commencement of work. b) Testing and analysis for lead based paints shal be conducted, If such materials are found, remediation shall be completed by a licensed contractor. Necessary permits shall be obtaine prior to commencement of work. Arroyo Vista Project Mitigation Monitoring and Reporting Program City of Dublin W Page 7 Ul Mitigation Measure Implementing Responsibility Monitoring Monitoring Responsibility Schedule Verification Mitigation Measure 4.7-1. Project Developer(s) Project Dublin Public Prior to issuance shall prepare: Developers Works of grading permit. a) Erosion Control Plan(s) consistent with City Department of Dublin and Regional Water Quality Control Board standards to minimise run-off from the Site during construction. To ensure that erosion impacts are reduced to a less- than-significant impact to nearby fish and sensitive aquatic species in Alamo Creek and other bodies of water, Erosion Control Plan(s) shall be reviewed and approved by a biologist to ensure that no impacts will occur to steelhead and other sensitive aquatic species. The Erosion Control Plan shall include exclusion fencing to preclude the potential for California Red-legged Frogs from entering the Project Site. Erosion ' Control Plan(s) shall be approved by the Dublin Public Works Department prior to issuance of a grading permit. b) A Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices (BMPs) for construction and post- construction conditions. The SWPPP shall be prepared to Regional Water Quality Control Board standards and Alameda County Clean Water Program requirements. The SWPPP shall be re ared rior to issuance of a Arroyo Vista Project Mitigation Monitoring and Reporting Program City of Dublin Page 8 CJ~} -- h V~ Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule demolition permit by the City of Dublin to avoid spill over of material into Alamo Creek during demolition. The BMPs shall include, but is not limited to incorporation of grassy swales into landscaped areas, use of filtration devices, covering of solid waste and recycling areas and similar features. Mitigation Measure 4.7-2. Project Developer(s) Project ~ Dublin Public Prior to issuance shall prepare a drainage and hydrology plan Developers Works of grading permit using Regional Water Quality Control Board, Department and Zone 7 and City drainage criteria which shall Zone 7 indicate that adequate on and off-site capacity exists in local and regional drainage facilities to accommodate the direction, rate and amount of increased stormwater runoff. If necessary, developer(s) shall upgrade undersized drainage facilities to ensure that: a) no on-site flooding would occur and b) downstream drainage facilities are not overburdened by Project drainage. The drainage and hydrology plan shall be approved by the Dublin Public Works Department and Zone 7 and all recommendations for drainage improvements shall be incorporated into Project improvement plans. Mitigation Measure 4.8-1. Project~Developer(s) Project Dublin Planning Prior to issuance shall re are a Construction Noise Mana ement Develo ers Division of demolition Arroyo Vista Project Mitigation Monitoring and Reporting Program City of Dublin Page 9 ' --~ ~!'1 Mitigation Measure Implementing Responsibility Monitoring Monitoring Responsibility Schedule Verification Plan for approval by the Dublin Planning permit Manager and Building Official prior to issuance of a demolition permit. The Construction Noise ' Management Plan shall contain specific elements to reduce demolition and construction noise to the lowest possible noise level, including but not limited to limiting days and hours of demolition and construction activities, requiring mufflers for gasoline-powered equipment, using electric- powered equipment to the fullest extent possible, and provisions for providing advance notice to surrounding residents for major noise producing events. If the Project is constructed in phases, the Construction Noise Management Plan shall include specific measures to reduce on-site noise for existing Site residents and visitors. Mitigation Measure 4.8-2. Final building plans Project Dublin Building Prior to issuance shall include solid barriers adjacent to Project Developers Division of building permit driveways at Dougherty Road that would reduce exterior noise levels in side and rear yards of dwellings under future cumulative conditions to a level of 65 dBA or less. Project Dublin Building Prior to issuance Mitigation Measure 4.8-3. Final building plans Developers Division of building permit for the Project shall be accompanied by a report from a qualified acoustic consultant indicating that all HVAC and other mechanical e ui ment Arroyo Vista Project Page 10 - Mitigation Monitoring and Reporting Program City of Dublin --~ Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule used in the Project either meets City and state noise exposure levels, or has been enclosed or screened in a manner that ensures compliance with applicable City and state noise exposure levels. Mitigation Measure 4.8-4. Future residents of ~ Project Dublin Planning Prior to initial lease or sale the Arroyo Vista Project shall receive written Developers Division , rental of all notification at the time of sale, rental or lease of dwellings their respective dwelling unit of the potential for helicopter activities, weapons training and . similar noise generating activities at Parks. RFTA. Written notices shall be approved by the Dublin Community Development Director. ance i i t P Mit~ation Measure 4.8-5. Final building plans Project ~ Dublin Building ion i Di ssu o or r of building permit shall be accompanied by a report from a qualified Developers v s acoustical consultant indicating that the Project will include appropriate construction techniques . to reduce interior noise levels to a maximum of 45 dBA Ldn. This shall include but is not limited to proper wall construction techniques, installation of appropriate insulation, the selections of proper windows and doors, and the incorporation of forced-air mechanical ventilation systems. Residences located adjacent to Dougherty Road shall also be equipped with a full heating and air- conditioning system because it is unlikely residents would o en their windows for Arroyo Vista Project Mitigation Monitoring and Reporting Program City of Dublin Page 1 ~ Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule ventilation. Mitigation Measure 4.11-1. The South Mariposa Project Dublin Public Prior to issuance Road/Dougherty Road intersection shall be Developers Works. of first Certificate signalized to improve operations to an acceptable Department of Occupancy level. Signalization will result in LOS A operations. The signal shall be installed prior to the first Certificate of Occupancy by the City of Dublin. Mitigation Measure 4.11-4. Signalization of the Project Dublin Public As determined by South Mariposa Road/Dougherty Road Developers Works City Engineer intersection would improve operations to an Department acceptable level. Signalization would result in LOS C operations during the a.m: peak hour and LOS A operations during the p.m. peak hour. Mitigation Measure 4.11-5. The Long-term Project Dublin Public Shown on public Cumulative scenario assumes that the Developers Works improvement Dougherty Road Improvement ClI' project is Department plans complete. Additional intersection modifications required to improve operations to LOS D or better include the addition of a southbound right-turn lane and modification of the traffic signal system to accommodate split phasing for the eastbound and westbound approaches. Miti ation Measure 4.11-7. Si alization of the Project Dublin Public Prior to issuance Arroyo Vista Project Mitigation Monitoring and Reporting Program City of Dublin Page 12 _ i Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule South Mariposa Drive/Dougherty Road Developers Works of first Certificate intersection would improve operations to an Department of Occupancy acceptable level, LOS B during the a.m. peak hour and LOS A during the p.m. peak hour. This signal shall be installed prior to the first Certificate of . Occupancy by the City of Dublin. Mitigation Measure 4.11-8. Provide alternate bus Project Dublin Planning Prior to issuance circulation and transit amenities necessary to Developers Division of the first accommodate demand. A final determination of Certificate of bus routing shall be made through coordination Occupancy between the City of Dublin, LAVTA and the Project applicant and shall be shown on Project improvement plans. The Project applicant shall . provide the necessary bus stops and/or bus pullouts and associated amenities required to implement the final bus .routes. Arroyo Vista Project Mitigation Monitoring and Reporting Program City of Dublin ,;.~: Page 13 a' ,~~~. ~' ~~I ~ f ass RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GENERAL PLAN AMENDMENT TO CHANGE THE DESIGNATION OF THE ARROYO VISTA PROJECT SITE FROM MEDIUM-DENSITY RESIDENTIAL TO MEDIUM/HIGH- DENSITY RESIDENTIAL AND PUBLIC/SEMI-PUBLIC AND ALLOW FOR ATTACHED AND DETACHED HOUSING UNITS IN THE MEDIUM/HIGH-DENSITY RESIDENTIAL LAND USE DESIGNATION (APN 941-0007-001-07) - PA 07-028 WHEREAS, Eden Housing Inc. and Citation Homes Central, submitted applications (PA 07-028) to the City regarding a 24.13 acre parcel ("Arroyo Vista") located at 6700 Dougherty Road (APN 941- 0007-001-07) for a General Plan Amendment, PD Rezone with Stage 1/Stage 2 Development Plan, Site Development Review and Vesting Tentative Tract Map 7943; and WHEREAS, the Applicants have requested approval of a General Plan Amendment to change the existing General Plan Land Use Designation from Medium-Density Residential (6.1-14.0 du/a) to Medium/High-Density Residential (14.1-25.0 du/a) (23.79 acres) and Public/Semi-Public (0.34 acres); and WHEREAS, the Applicants have requested approval of a General Plan Amendment to allow for a _ mixture of attached and detached housing in the Medium/High-Density Residential Land Use Designation in-the Primary Planning Area; and WHEREAS, the Dublin General Plan was originally adopted on February 11, 1985, and has been amended a number of times since that date; and WHEREAS, the General Plan currently identifies land use designations, densities and policies related to density calculations, and includes a General Plan Land Use Map (Figure 1-la) that shows the location of land uses within the City of Dublin; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and ~, WHEREAS, pursuant to the California Environmental Quality Act, the Planning Commission adopted Resolution 09-12 on April 28, 2009 and incorporated herein by reference, recommending that the City Council certify the Arroyo Vista Environmental Impact Report (SCH 2007122066); and WHEREAS, the Planning Commission held a properly noticed public hearing on the General Plan Amendment and related Project applications on April 28, 2009 at which time interested parties had the opportunity to be heard; and WHEREAS, on Apri128, 2009, the Planning Commission adopted Resolution 09-13 incorporated herein by reference, recommending that the City Council approve the General Plan Amendment; and x-15 °~ X155 WHEREAS, a Staff Report dated August 18, 2009 was submitted to the City Council analyzing the Project and recommending that the City Council approve the GPA and PD Rezone with Stagel/Stage 2 Development Plan; and WHEREAS, on August 18, 2009, the City Council held a properly noticed public hearing on the General Plan Amendment and related PD Rezone, at which time all interested parties had the opportunity to be heard; and WHEREAS, on August 18, 2009, the City Council opened the Public Hearing, Closed the Public Hearing and continued the matter to September 1, 2009; and WHEREAS, following the public hearing, the City Council adopted Resolution ,dated September 1, 2009 and incorporated herein by reference, certifying the EIR for the Project and making all required findings under CEQA; and WHEREAS, the City Council did heaz and consider all said reports, including the certified EIR, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true -and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that the proposed amendments to the Dublin General Plan aze in the public interest and will not have an adverse effect on health or safety or be detrimental to the public welfaze or be injurious to property or public improvement and that the Dublin General Plan as so amended will remain internally consistent. BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that the proposed map and text amendments to the General Plan are consistent with all other goals, policies, and implementing programs set forth in the General Plan. BE IT FURTHER RESOLVED that the Dublin City Council does hereby approve the following amendments to the Dublin General Plan: Section I. General Plan Amendments. Subsection i. Section 1.8.1 (Land Use classifications), under the subsection "Primary Planning Area (West of Camp Parks -See Figure 1-la)" is hereby amended as follows: i. Modify the text of "Residential: Medium-High Density (14.1 to 25.0 units per gross residential acre)." The following sentence will be inserted after "units in this density range will all be attached": "The City Council may, at their discretion, allow for attached and detached units when the mix of units is provided to allow for a unique development which benefits the community." 2 __ - ~~ ~~ X55 Subsection ii. Figure 1-la, General Plan Land Use Map is hereby replaced with a revised General Plan Land Use Map as follows: ~rt~ DUB LI N GEN ERAL PLAN " '~' LAN D USE M A P t 'a. a~' ~ \ Figure 1-lad as amended Through May 19~Z009 wwk/semr~uen4~^sPace Commerc4l/MMwwl RaHm~hY PluWrg Nea Uml6 "Q ""4 IS'~"~' ~. 1~.q'vrNk ~t~v+Cu~.~..Wl WwemeMgm..llwT~mw~vmmxR ~...~~ iwenemair M1~.+9hm Mrl 'T~ (.~ Mylwk4.asm ~~z1ae JOwayvo.rnw~mm e...~~.aey.lpe~•usy.y 3~Si ~tM r.syps-a~ayp ~ ~'~..~9/+e burg .~- - ~swti.+grv.. ~.na.r `--~~" 0 4e•4Q i wymrme[w~e. I.rmvirll.+e.rYpo-usyq p~.I~ qp Or~IPYF .. :D ~'• ~ Le.n(aM. ~h..a1C v.yYa~p. ana 4ger~aywv.~R~.~o>Y+0 ~rw.rG ~_ nrklsq OIT.Oirvn ~ Ltsw4.~Yl~W 1.1~ Y/q ~ W..errwsm 3-..r..-~ °~ w.r.u ~ lr ~n..~nt ~m.wn.. ~ ~ , ~a..a ii.. .w.a '~-.- 's~- rwvwrywhacriwa ~ = iy..~- - - ~~ ~...~..eww ~ry.ne.y.,,w,.yrx~..V.a f~orru..o. - -__ :ir"~ ..~,... 1~ w~.ny.o..•w+v..y+.r.m.ar s rµ..v..r~ " : L... Section II. All provisions of the General Plan not amended by this resolution shall remain in full force and effect. BE IT FURTHER RESOLVED that this Resolution shall take effect thirty (30) days after the date of adoption. PASSED, APPROVED AND ADOPTED this 1st day of September 2009 by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: City Clerk 3 Mayor ~I~ ~f qss ORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PD-PLANNED DEVELOPMENT REZONE AND A RELATED 5TAGE1/STAGE 2 DEVELOPMENT PLAN FOR ARROYO VISTA LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07) PA 07-028 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. This Ordinance rezones the subject property located at 6700 Dougherty Road from PD, Planned Development (1418 ZLT) to PD, Planned Development (PA 07-028) with a Stage 1/Stage 2 Development Plan. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Arroyo Vista Planned Development Zoning, including aStagel/Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 because: it provides a comprehensive development plan that is tailored to the Residential and Public/Semi-Public land uses proposed on the Project Site and creates a desirable use. of land that is sensitive to surrounding land uses by virtue of the layout and design, which is adjacent to residential development and Dougherty Road. 2. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and Site Plan establish a Residential and Public/Semi-Public development; 2) the proposed Project is consistent with the type of development, residential, envisioned in the General Plan, as amended, and also provides space for Public/Semi-Public land uses; 3) the Project Site has been designed to reduce impacts on the adjacent residential uses and to be compatible with the residential development: in the vicinity; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and Site Plan establish a Residential and Public/Semi-Public Project; 2) the proposed `; Project is consistent with the type of development, residential, envisioned in the General Plan, as amended, and also provides space for Public/Semi-Public land uses; 3) the Project Site has Page 1 of 9 been designed to reduce impacts on the adjacent residential developments and to be compatible with the residential uses in the vicinity; 4) the Development Plan will provide for - housing to meet the City's need for affordable units and will provide a daycare facility which - - will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. 2. The Project Site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the residential portion of the Project Site will have a density of 15.9 units per acre which is consistent with the amended General Plan land use designation of Medium/High-Density Residential land use designation; 2) the daycare will have a Floor Area Ratio of .22 which is consistent with the maximum FAR for Public/Semi-Public land uses in the General Plan; 3) the Site is accessible by three entrances off of Dougherty Road an existing street; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Site is currently developed with residential uses and is relatively flat, and is therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD rezoning with Stagel/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.• the Project will comply with all applicable development regulations and standards and will implement all applicable mitigation measures in the Arroyo Vista Environmental Impact Report and the Environmental Assessment (Finding of No Significant Impact pursuant to the National Environmental Policy Act). 4. The PD rezoning with Stagel/Stage 2 Development Plan is consistent with the Dublin General Plan because: 1) the proposed residential development, community building and daycare facility is consistent with the amended General Plan land use designations of Medium/High Density Residential and Public/Semi-Public; 2) the proposed Project is consistent with the City's goal of developing Public facilities within the City to meet the needs of the residents; 3) the residential development will provide affordable and market-rate housing as well as a mix of housing types which is consistent with the General Plan Land Use and Circulation Element Goal A and Policy C; 4) the Project proposes efficient and higher intensity use on a relatively flat site that minimizes grading requirements and potential environmental and aesthetic resources consistent with General Plan open space policy; 5) consistent with the General Plan circulation element policy, the City will •.continue to periodically monitor the Dublin Boulevard/Dougherty Road intersection over time to determine if transportation measures to improve levels of service are necessary; 6) the Project provides pathway connectivity within and through the site as well as a focal point through the child care and community centers consistent with the General Plan sustainability element; and 7) the Project includes an attractive development with new dwellings, new daycare and landscaping which will promote visual interest of the Site from the adjacent properties and the street and will promote a pedestrian friendly environment once the Project is complete. C. Pursuant to the California Environmental Quality Act (CEQA), on ,the City Council adopted Resolution No. certifying an Environmental Impact Report (EIR) (SCH #2007122066) and making all required findings, which resolution is incorporated herein by reference. Page 2 of 9 yq °{- qss D. On , 2009, the City Council adopted Resolution No. approving the companion General Plan Amendment for the Project, which resolution is incorporated herein by reference. 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: 24.13+ gross acres within APN 941-0007-001-07 DOC 1986 277644 for PA 07-028. A map of the rezoning area is shown below: Section 4. STAGE 1/2 DEVELOPMENT PLAN - -.~ - ~° ~ ~ sr 351¢ - w `z _ .~.~ ~ r ~:. ~ . a ~: a iinisr~ ~ - iar,~. > V J„ ~c - z ,:,~ The regulations for the use, development, improvement, "and maintenance of the subject property are set forth in the following Stage 1/Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 1/Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. 1. Statement of uses. PD Medium/Iiigh Density Residential Intent. Mediurn/High Density land use designations are established to: a) reserve appropriately located areas for family living in. a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; b) preserve as many as possible '<` of the desirable characteristics of the one-family Residential district while permitting higher population densities; c) ensure adequate light, air, privacy; and open space for each dwelling unit; d) Page 3 of 9 minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; and e) provide necessary space for off- .... street parking of automobiles. Permitted Uses Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance Animal Keeping -Residential Community Building with Community Serving Uses (for use by the residents of Arroyo Vista only) Community Care Facility/small (permitted if required by law, otherwise as conditional use) Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance) Leasing Office (for leasing on-site units only) and Offices Related to the Affordable Housing Project (Eden Housing portion of the Site) Multi-Family Dwelling Private Recreation Facility (for homeowners' association and/or tenants use only) Single Family Residence Small Family Day Care Home Similar and related uses as determined by the Community Development Director Conditional Uses Community Facility Community Care Facility/Large Day Care center Large Family Day Care Home Parking Lot -Residential Semi-Public Facilities Similar and related uses as determined by the Community Development Director The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and Permitted Uses of Land, of the Zoning Ordinance. Temporary Uses ' Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and- permit procedures. PD-Public/Semi-Public Intent. Public/Semi-Public land use designations are established to provide Quasi-Public uses, such as daycare centers, private schools, theaters and other similar uses which benefit the community. Permitted Uses Uses including but not limited to: School (private) Day Care center Community Center Similar and related uses as determined by the CommunityDevelopmentbirector Conditional Uses Community Facility All other uses deemed to be consistent with the General Plan land use designation of Public/Semi- Public, as determined by the Community Development Director. Page 4 of 9 5~ ~f-~ss The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and Permitted Uses of Land, of the Zoning Ordinance. Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. 2. Stage 1 and Stage 2 Site Plan. 3. Site area, proposed densities, maximum number of residential units, maximum square footage of non-residential area. Land Use Gross Net Density Maximum Number of Maximum Non-Residential Designation Acres Acres Dwelling Units Square Footage Medium/High 23.46 14.1 to 25.0 units 378 3,200 Square Feet* Density Residential 23 79 er acre Public/Semi-Public 0.34 0.34 .SO FAR ~ 7,405 Square Feet Facilities *Community liuztdzng a_ nevelonment Regulations. Eden°Housn~T Affordable Pro`ect '-~linim'un >' F: ~~ ~ . Minimum Setbacks Building to Dougherty Road Pro erty Line Buildin to West Pro erty Boundary 15' 15' Maximum Lot Covera a 60% Maximum Floor Area Ratio (Public/Semi- Public land use desi nation .50 FAR Maximum Buildin Hei ht 45' and 3 stories Accesso Structures Per Zoning Ordinance Parkin S aces Re wired Affordable A arhnents 1.82 arkin stalls er unit Senior Apartments Childcare Facility 0.76 arlang stalls er unit 1 er em loyee lusl arking or loadings ace er 5 children Community Building 10 Pale 5 .of 9 c~. 155 `CitafionFiomes Central. i larkct Rate units) _. - ~ ;.~lintmum .; Attached Houses Minimum Setbacks , Building to Dougherty Road Pro erty Line 10' Building to Public Street Right-of--Way 10' Detached Houses Minimum Setbacks Front Yard Rear Yard ~ 8' (4' from orch) 0 Side Yard 4' . Minimum Lot Size -Attached 1,950 S ware Feet Maximum Lot Covera a 78% Maximum Buildin Hei ht 40' and 3 stories Accessor Structures Per Zonin Ordinance Parkin S aces Re uired Attached Houses Detached Houses 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 0.5 guest arking stall er unit 2 stalls located inside a garage with a Lninimum unobstructed dimension of 20 feet x 20 feet plus 1 guest arking stall per unit General~Residential Yard Provisions: Air conditioning units for the detached units shall be screened from view and located in the side yard. Air conditioning units may be located on the property line as long as one side maintains a minimum 3 foot wide unobstructed (clear) path from the front yard to the alley. Air conditioning units for the attached houses shall be located at grade and shall be screened from view. 5. Architectural Standards. All improvements in this Zoning District shall .be well designed and shall compliment the character and design of the surrounding neighborhood. All improvements and future improvements shall be compliment the design of the existing buildings and shall enhance the Site and be harmonious with high standards of improvements in the surrounding area. Future improvements shall be consistent with the purpose of Chapter 8.104, Site Development Review, in the Zoning Ordinance. All unsightly uses shall be screened from view. All equipment including HVAC units, conduits, piping, fire risers and trash containers shall be completely screened from view. Eden Housing Project The Eden Housing portion of the Project will be located in the center of the Arroyo Vista development. The overall design of this portion of the Project is the farmhouse design, with variations between each of the buildings, to complement the historical rural character of the City of Dublin. The Eden Housing portion of the project will consist of up to 180 affordable rental units ("Rental Component" of the project). Family Apartments The family apartment portion of this Project will have four different building types. Each. unit will have a front porch and a small deck. The buildings within Eden Housing's portion of the Project have been designed with the farmhouse - architectural theme. The farmhouse architectural style can be characterized through the use of simple materials and colors with shed roofs and windows. Materials which complement the design theme will be used on all of the elevations. Page 6 of 9 53 ~{' q55 Citation Homes Housing The Citation Homes Central portion of the Project will be located adjacent to Dougherty Road and on the northern and southern portions of the property. The Citation Homes Central portion of the project - will consist of up to 198 -for-sale dwelling units ("For Sale Component"). The attached housing product is located adjacent to Dougherty Road and on the southern portion of the Site. The Applicants have proposed to use three different architectural designs: Craftsman, Contemporary American West and Cape Cod to complement the farmhouse design of the Eden Housing portion of the Project. While the Citation Homes Central architectural themes are different than the Eden Housing design theme, the use of an American architectural style will reinforce the connection between the affordable and market rate portions of the Project. The front elevation of the single-family detached houses will face a landscaped paseo which is connected to the street by a sidewalk. The paseo will be landscaped with trees, shrubs and grasses. The garage to the houses can be accessed via an auto court. Cape Cod Design The design of these houses includes details such as gable roofs and covered front porches. Materials include stucco and horizontal wood siding, with horizontal wood siding comprising most of the building. Shutters are also used.- - Contemporary American West Design The Contemporary American West elevations incorporate architectural details which are consistent with this design theme. The use of rustic materials, including board and batten, horizontal wood and stucco siding will be used. Architectural details include the use of decorative wood trim, window ledges, attractive window frames, the use of muntins (grids) and shutters. A combination of porticos and covered porches will be used at the entrances to the units to promote visual interest. Craftsman Design Three different versions of the Craftsman design will be used in this Project. The Craftsman design theme features wood accents, variety of materials and gable roofs. For variety, a combination of stucco, wood shingle siding and horizontal wood siding will be used on the front elevation. Corbels and other wood accents, such as ledges, will also be used on this elevation to promote visual interest and in keeping with the craftsman theme. Enhanced Side Elevations In some cases, one of the sides of the house may .face the street. When this situation occurs, an enhanced elevation will be used so that the porrion of the house facing the street includes architectural details for visual interest, rather than a blank wall. Page7of9 6. Preliminary Landscaping Plan. = -- __ --_ --z_ ~ _ .. e_ ~--. ~ _ 7. Phasing Plan. Construction of the Project shall be done in accordance with the Disposition and Development Agreement for the Redevelopment of Arroyo Vista between the City and the developers, in effect at the time of construction. 8. Statement of Consistency with General Plan. The PD rezoning and related Stage 1/2 Development Plan is consistent with the General Plan as amended through Resolution ,approving the companion General Plan Amendment. 9. Inclusionary Zoning Regulations. The affordable portion of the Project (Rental Component) and the mazket-rate portion of the Project (For Sale Component) shall comply with the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Zoning Ordinance) unless the City Council by resolution grants waivers of the requirements of Chapter 8.68, including but not limited to the affordability, dispersal, bedroom size, concurrent construction and preference point requirements of Chapter 8.68. The concurrent construction requirement of the Inclusionary Zoning Regulations (Section 8.68.030.D of the City's Zoning Ordinance) can be waived by the City Council by resolution if all of the following are met: (a) the affordable for-sale units in the For-Sale Component are constructed concurrently with the market rate for-sale units in the For-Sale component to a maximum of 126 for- sale units (112 market units and 14 affordable units); and (b) no building permit shall be issued for any units in the For-Sale Component in excess of 126 units unless [i] the developer of the Rental Component .has secured financing for the entire Rental Component, to the satisfaction of the City Manager; [ii] the developer of the For Sale Component constructs affordable units that, together with the 14 affordable units, satisfy the Inclusionary Zoning Regulation's requirements for the For-Sale Component; or [iii) the developer of the For Sale Component pays fees in lieu of constructing the remaining affordable units required for compliance with the Inclusionary Zoning Regulation's 12.5% requirement for the For-Sale Component. In the event that the developer of the For Sale Component pays in lieu fees pursuant to (b)[iii], the City will place such fees in an account and shall return such Page 8 of 9 55 ~- ~_ monies to the developer of the For Sale Component, with accrued interest, when the developer of the Rental Component has secured financing for the entire Rental Component, to the satisfaction of the City Manager. No Council resolution waiving the concurrent construction requirement of they ". Inclusionary Zoning Regulations shall be effective unless in compliance with the foregoing. - 10. Aerial Photo. An a Section 5. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the R-M, Multi-Family Residential Zoning District and of the Dublin Zoning Ordinance except as provided in the Stage 1/Stage 2 Development Plan. Section 6. 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 1St day of September 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:lArroyo VistalPC PhI1CC Ordinance PD.DOC - - .. , y~ ~~5 RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A WAIVER TO CHAPTER 8.68 OF THE DUBLIN MUlvICIPAL CODE RELATED TO AFFORDABILITY, PREFERENCE POINT, CONCURRENT CONSTRUCTION, EQUIVALENT BEDROOM SIZE AND DISPERSAL REQUIREMENTS FOR THE ARROYO VISTA PROJECT LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07) PA 07-028 WHEREAS, Eden Housing Inc. and Citation Homes Central (hereafter the "Developer") submitted an application (PA 07-028) to the City regarding a 24.13 acre parcel ("Arroyo Vista") located at 6700 Dougherty Road for the demolition of the existing residential development and the construction of a new project with up to 378 residential dwelling units, daycare facility, community building and related improvements; and WHEREAS, the rental component of the Project will be constructed and managed by Eden Housing Inc., and will consist of 130 affordable family rental units (129 income restricted units and one live-in manager's unit), and 50 rental senior apartments (49 1-bedroom income-restricted apartments and one live-in manager's unit) and will replace the existing 150 public housing units on the site (the "Rental Component"); and WHEREAS, the for-sale component of the Project will be constructed by Citation Homes Central, and will consist of 198 market-rate units, which will include 14 for-sale units (the "For-Sale Component"); and WHEREAS, the City's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68, hereafter the "Inclusionary Ordinance") requires that 12.5% of the units'in a new residential for-sale or rental development project consisting of 20 units or more must be affordable to households with very low- , low-; or moderate incomes, and of these affordable units, 30% must be very low-income units, 20% must below-income units and 50%must bemoderate-income units (the "affordability requirement"); and WHEREAS, the Inclusionary Ordinance also requires the affordable units: 1) to be constructed concurrently with the market-rate units (the "concurrent construction requirement"); 2) to reflect the range of numbers of bedrooms provided in the project as a whole (the "equivalent bedroom requirement"); 3) to not be distinguished by exterior design, construction, or materials (the "design requirement") • and 4) to be reasonably dispersed throughout the project (the "dispersal requirement"); and WHEREAS, the Inclusionary Ordinance requires qualified owners and tenants to be selected pursuant to the preference point system set forth in the Inclusionary Ordinance (the "preference requirement"); and WHEREAS, the City may waive the requirements of the Inclusionary Ordinance and approve alternate methods of compliance with the Inclusionary Ordinance if the applicant demonstrates, and the City Council finds, that such alternate methods satisfy the purposes of the Inclusionary Ordinance; and WHEREAS, the For-Sale Component does not satisfy the number of affordable units required by the Inclusionary Ordinance, and the Rental Component exceeds the required number of affordable units; and WHEREAS, to remedy the Project's inconsistency with the Inclusionary Ordinance, the Developer proposes that the Council consider the Rental Component and For-Sale Component as one project for purposes of the Inclusionary Ordinance; and WHEREAS, the Developer requests a waiver from some of the requirements of the Inclusionary Ordinance, including permission to calculate the affordable units required in the Rental Component and the For-Sale Component in the aggregate for the entire development; and WHEREAS, the Rental Component and For-Sale Component, in the aggregate, exceed the 12.5% affordability requirement of the Inclusionary Ordinance by providing a total of 192 affordable units (42 more affordable units than exist on the site today) and providing deeper affordability than required by the Ordinance; and WHEREAS, the Developer requests a waiver from the affordability requirement of the Inclusionary Ordinance so that the Rental Component can be constructed without any moderate-income units and the For-Sale Component can be constructed without any very low-income or low-income units; and WHEREAS, the Developer requests a waiver from the preference point requirement of the Inclusionary Ordinance so that aone-time exception would be provided to enable existing and former Arroyo Vista residents to receive express preference for all affordable units in the Project; and WHEREAS, the Developer requests a waiver from the requirement of concurrent construction because certain financing and regulatory constraints may. impede Eden Housing Inc.'s ability to initiate construction of the affordable rental units prior to or concurrently with Citation Homes Central's construction of the market-rate units; provided however, Citation Homes Central will construct the affordable for-sale units concurrently with the market-rate for-sale,units; and WHEREAS, the Developer requests a waiver from the equivalent bedroom requirement because Citation Homes Central plans to construct some 4-bedroom market-rate, for-sale units but no 4-bedroom affordable,, for-sale units; and WHEREAS, the Developer requests a waiver from the r ental units wililbe clu tered~togetherl Component is 100% affordable and therefore the affordabl provided however, Citation will disperse the affordable for-sale units throughout the For Sale Component. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council hereby finds that: A. The Developer's alternate methods of compliance with the affordability, preference point, concurrent construction, equivalent bedroom size and dispersal requirements of the Inclusionary Ordinance meet the purposes of the Inclusionary Ordinance and constitute alternate methods of compliance. B. The Council waives the affordability, preference point, equivalent bedroom size and dispersal requirements of the Inclusionary Ordinance and approves Developer's alternate methods of c~mnliance. C. The Council waives the concurrent construction requirement of the Inclusionary Ordinance provided: (a) the affordable for-sale units in the For-Sale Component are constructed concurrently with the market rate for-sale units in the For-Sale Component to a maximum of 126 for-sale units (112 market rate units and 14 affordable units • and units in the For-Sale Component in excess of)126 unitsnunless [i] Eden has secured financinr or the entire Rental Component, to the satisfaction of the City Manager; ii Citation constructs affordable units that, together with the 14 affordable units, satisfy the Inclusionary Ordinance's [...] requirements for the For-Sale Component; or iii Citation pays fees in lieu of constructing the remaining affordable units required for compliance with the Inclusionary Ordinance's 12.5% requirement for the For-Sale Component. In the event that Citation pays in lieu fees pursuant to (b)[iii], the City will place such fees in an account and shall return such monies to Citation, with accrued interest, when Eden has secured financing for the entire Rental Component, to the satisfaction of the City Manager. D. The Council finds that treating the Rental Component and For-Sale Component as one project for purposes of the Inclusionary Ordinance meets the purposes of the Inclusionary Ordinance because more affordable units will be created and deeper affordability will be provided than required by the Inclusionary Ordinance. . PASSED, APPROVED AND ADOPTED this 1st day of September 2009 by the following vote:. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IArroyo VistaICCPFI1CCReso Inclusionary Waiver.doc