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HomeMy WebLinkAbout7.1 Amador Station Community Benefit Program Agreement and Affordable Housing Assistance Agreement (PLPA-2021-00019) (2) STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 7.1 DATE: September 21, 2021 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Amador Station Community Benefit Program Agreement and Affordable Housing Assistance Agreement (PLPA-2021-00019) Prepared by: Kristie Wheeler, Assistant Community Development Director and Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The City Council will consider approval of a Community Benefit Program Agreement and Affordable Housing Assistance Agreement with BRIDGE Dublin LLC for the development of 300 units of affordable housing on a 3.6-acre site located on Golden Gate Drive adjacent to the West Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan Transit- Oriented District. A Community Benefit Program Agreement is required in order to allocate units from the Downtown Dublin Specific Plan’s Development Pool. The Site Development Review Permit for the project was unanimously approved by the Planning Commission on August 10, 2021. STAFF RECOMMENDATION: Adopt the Resolution Approving the Community Benefit Program Agreement and Affordable Housing Assistance Agreement Between the City of Dublin and BRIDGE Dublin LLC. FINANCIAL IMPACT: Funding to support construction of Phase A of the proposed affordable housing project will be provided from the City’s Affordable Housing Fund, which includes fees paid to the City by developers to comply with the City’s Inclusionary Zoning Regulation, and by Alameda County Measure A-1 Bond funds. 276 Page 2 of 5 DESCRIPTION: Background BRIDGE Housing is proposing a two-phase project on a vacant 3.6-acre site which is located adjacent to the West Dublin/Pleasanton BART station at 6501 Golden Gate Drive as shown in Figure 1. The property is bound by I-580 to the south, the future 499-unit Avalon West project (formerly the St. Patrick Way Residential project) to the west, the Connolly Station residential community to the north, and Golden Gate Drive to the east. The project site is located in the Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP) as shown in Figure 2. Figure 2: Transit-Oriented District/Vicinity Map 277 Page 3 of 5 The DDSP identifies a pool of 2,500 residential units that may be constructed in the DDSP area. As part of the proposed project, the applicant is required to enter into a Community Benefit Program Agreement in exchange for using units from the Development Pool. Since the establishment of the pool, 783 units have been constructed, 499 units have been approved and 422 units have been reserved. There are 796 units remaining in the pool as shown in Table 1. Table 1. DDSP Residential Development Pool Project Address Units Status Total Units in Development Pool 2,500 Connolly Station 7550 St. Patrick Way 309 Approved 2012 – complete Aster (Bay West) 7544 Dublin Blvd. 313 Approved 2013 – complete Valor Crossing (Eden) 6707 Golden Gate Dr. 66 Approved 2013 – complete The Perch (Trumark Homes) 7144 Regional St. 60 Approved 2015 – complete Avesta Development 7601 Amador Valley Blvd. 35 Approved 2016 – complete St. Patrick Way 6700 St. Patrick Way 499 Approved 2018* Regional Street (Eden) 6543 Regional St. 114 Reserved July 2020 Amador Station (proposed project) Golden Gate Drive 308 Reserved April 2021 Total Approved/Reserved Units (1,704) Remaining Units 796 *Building permit currently under review and expected to be issued before the end of the year. On April 20, 2021, the City Council adopted Resolution No. 36-21 appropriating $7.1 million from the City’s Affordable Housing Fund and authorizing the commitment of $2.9 million in Alameda County Measure A-1 funds to BRIDGE Housing for 136 units (Phase A of the proposed project). This came in response to BRIDGE Housing’s Notice of Funding Availability proposal for the creation of affordable rental housing. In addition, the City Council authorized the reservation of up to 308 residential units from the DDSP Development Pool and provided feedback on the negotiated deal points for a Community Benefit Program Agreement. Upon submittal of the Site Development Review Permit application, BRIDGE Housing reduced the number of units to 300. The City Council directed Staff to proceed with processing the project entitlements for consideration by the Planning Commission and prepare a Community Benefit Program Agreement for the City Council to consider. BRIDGE Housing applied for and received Site Development Review Permit approval by the 278 Page 4 of 5 Planning Commission on August 10, 2021, pending approval of the Community Benefit Program Agreement by City Council. The Planning Commission Staff Report is included as Attachment 4. Proposal BRIDGE Housing is seeking 300 units from the residential development pool. In exchange for this allocation, BRIDGE agreed to provide the following benefits to the City, which were outlined in the April 20, 2021 City Council Staff Report (Attachment 5), and are memorialized in the Community Benefit Program Agreement under consideration by the City Council: • The applicant will build an affordable housing project in two phases. At a minimum, Phase A of the project will include 136 units (excluding two property manager’s units) that are affordable to households earning an average of no greater than 43% area median income (AMI), and Phase B will include the remaining 164 units (excluding two property manager’s units) that are 100% affordable and may include moderate-income units. • The applicant will, upon occupancy of Phase A of the project, fully furnish, at its sole cost and expense a minimum of 41 units for homeless persons, persons at risk of becoming homeless, and persons with special needs, with appropriate appliances, furniture, and basic kitchenware/dishes. • The applicant will, prior to occupancy of Phase A of the project, construct a warm shell of at least 2,200 square feet of a ground floor café or similar use in the project. • The applicant will, prior to occupancy of Phase A of the project, provide plaza enhancements to improve pedestrian access to the connection of the West Dublin/Pleasanton BART station to the satisfaction of BART and the City Manager. • Any affordable housing credits created by virtue of the construction of affordable housing for Phase A of the project (136 units) shall accrue to the City. Any affordable housing unit credits created by virtue of the construction of Phase B of the project (remaining 164 units) will be shared with the applicant to assist with the financing of the project, if needed. These credits will be limited to the applicable category from which they are created. If the credits are not needed to finance the project, then all the credits shall accrue to the City. Any credits the applicant receives will not be allowed for use within the DDSP area until the City has exhausted its own credits. In addition to the Community Benefit Program Agreement, an Affordable Housing Assistance Agreement has been prepared for the project, which sets forth the terms of the City loan for Phase A and the affordable housing requirements for the project. Prior to issuance of building permits for each phase of the project, a Regulatory Agreement will be recorded establishing the affordable housing obligations and other requirements for operation of the 279 Page 5 of 5 project and affordable units. The term of the Regulatory Agreement will be 55 years from the date the City issues a Certificate of Occupancy for the project. The City Council Resolution approving the Community Benefit Program Agreement is included as Attachment 1, the Community Benefit Program Agreement is included as Attachment 2, and the Affordable Housing Assistance Agreement is included as Attachment 3. STRATEGIC PLAN INITIATIVE: Strategy 3: Create More Affordable Housing Opportunities Objective A: Facilitate production of affordable housing for lower income seniors, workforce and special needs households by leveraging the Alameda County Measure A-1 Bond funds and the City’s Affordable Housing Fund. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Two City-led Community Meetings were held on June 30 and July 1, 2021, to provide Dublin residents with information about the proposed Amador Station residential project. No residents attended the meeting on June 30, and one resident attended the meeting on July 1 along with four members of the applicant’s team. Staff provided a presentation that included an overview of the new Community Meeting concept, the City’s development review process, and the proposed project. Questions were asked about proposed parking and on-site services available to address resident issues (e.g., substance abuse and/or mental health issues). A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1) Resolution Approving a Community Benefit Program Agreement and Affordable Housing Assistance Agreement between the City of Dublin and BRIDGE Dublin LLC. 2) Exhibit A to the Resolution – Community Benefit Program Agreement 3) Exhibit B to the Resolution – Affordable Housing Assistance Agreement 4) Planning Commission August 10, 2021 Staff Report (without attachments) 5) City Council April 20, 2021 Staff Report (without attachments) 280 Attachment 1 RESOLUTION NO. XX-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A COMMUNITY BENEFIT PROGRAM AGREEMENT AND AFFORDABLE HOUSING ASSISTANCE AGREEMENT BETWEEN THE CITY OF DUBLIN AND BRIDGE DUBLIN LLC WHEREAS,the Applicant, BRIDGE Dublin LLC (also commonly referred to as BRIDGE Housing) is seeking to develop a 3.6-acre vacant site located on Golden Gate Drive adjacent to the West Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan Transit-Oriented District. The proposed project consists of 300 affordable residential units in two separate buildings that would be constructed in two phases of 136 units and 164 units, and includes ground floor retail, amenity space, and parking; and WHEREAS,the 300 residential units and 2,200 square feet of retail in the collective project are permitted in the Transit-Oriented District of the Downtown Dublin Specific Plan; and WHEREAS,the Planning Commission adopted Resolution No. 21-06 approving the Site Development Review Permit for the proposed project; and WHEREAS,BRIDGE Housing is seeking 300 units from the residential development pool. In exchange for this allocation, BRIDGE Housing will contribute community benefits in the form of affordable housing units, limited furnished units, ground floor retail space and public plaza improvements; and WHEREAS,BRIDGE Housing will build an affordable housing project in two phases. At a minimum, the project will include 136 units (excluding two property manager’s unit) that are affordable to households earning an average of no greater than 43% area median income (AMI), and the remaining 164 units (excluding two property manager’s units) will be 100% affordable and may include moderate-income units; and WHEREAS, BRIDGE Housing will furnish, at its sole cost and expense a minimum of 41 units for homeless persons, at-risk of becoming homeless persons, and persons with special needs with necessary and appropriate appliances, furniture, and basic kitchenware/dishes; and WHEREAS,BRIDGE Housing will reserve and construct a warm shell of at least 2,200 square feet of a ground floor café or similar use in the project; and WHEREAS,BRIDGE Housing will provide plaza enhancements to improve pedestrian access to the connection of the West Dublin/Pleasanton BART station; and WHEREAS,the term of the Community Benefit Program Agreement shall commence on the Effective Date and shall extend until the earlier of the following: 1) the Developer has satisfied all of the obligations to the City as set forth in Section 3 of the Agreement; 2) any of the project approvals expires; or 3) two years after the Effective Date plus any extensions granted pursuant to Section 4.1 or Section 4.3 of the Agreement. 281 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Community Benefit Program Agreement and Affordable Housing Assistance Agreement between the City of Dublin and BRIDGE Dublin LLC as attached as Exhibit A and Exhibit B to this Resolution. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Agreement and gives the City Manager authority to execute any minor amendments to the Agreement, as needed, to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of September 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 282 144\328\3119146.1 CITY OF DUBLIN COMMUNITY BENEFIT PROGRAM AGREEMENT BRIDGE Dublin LLC, Golden Gate Drive (APNs 941-2842-002-00 & 941-2842-004-00) This Community Benefit Program Agreement (“Agreement”) is entered into on September 21, 2021, by and between the City of Dublin, a municipal corporation (“City”) and BRIDGE Dublin LLC, a California Limited Liability Company (“Developer”). City and Developer are, from time-to-time, individually referred to in this Agreement as a “Party,” and are collectively referred to as “Parties.” RECITALS A.On February 1, 2011, the City adopted Resolution No. 9-11 establishing a “Downtown Dublin Specific Plan” (the “Specific Plan”), which sets forth a comprehensive set of guiding principles, standards, and design guidelines for the implementation of future development in Downtown Dublin (“the Specific Plan Area”). B.The Specific Plan regulates the density of development allowed in the Specific Plan Area by establishing a “Base Floor Area Ratio (FAR)” for development in each of the three districts within the Specific Plan Area. C.The Specific Plan also establishes a pool of additional development potential, in the form of 1,320,220 square feet of non-residential development, 150 hotel rooms and 2,500 residential dwelling units (collectively “the Excess Capacity”) apportioned among the three districts in the Specific Plan Area. The pool can be used by developers that wish to develop a project that exceeds the Base FAR up to a defined “Maximum FAR” and by developers that wish to develop residential dwelling units. Developers wishing to utilize said Excess Capacity must participate in the Community Benefit Program and enter into a Community Benefit Program Agreement with the City. D.Developer proposes to develop certain vacant property on Golden Gate Drive (APNs 941-2842- 002-00 & 941-2842-004-00) within the Specific Plan Area (“the Property”), which is within the Transit Oriented District of the Specific Plan Area, and as part of its proposal desires to develop 300 units of affordable housing on an approximately 3.6-acre site (“the Project”). In exchange for requesting residential units from the Downtown Dublin Specific Plan Development Pool to enable development of the Project, Developer proposes to provide a 300-unit affordable housing project built in two phases, with certain units to be furnished, a ground floor café or similar use within the Project, plaza enhancements to the West Dublin/Pleasanton BART connection, and “affordable unit credits” as further set forth below (“the Community Benefit”). E.Developer has submitted for a Site Development Review for the Property, which approval, if granted, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the “Project Approvals.” F.The City and Developer have reached agreement with respect to the Community Benefit and desire to express herein a Community Benefit Program Agreement clearly setting forth the Attachment 2 Exhibit A to the Resolution 283 144\328\3119146.1 Community Benefit to be provided by the Developer, and the scope and nature of excess development capacity to be granted to Developer in exchange for said Community Development. G. The Project is located within the Downtown Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011 and updated with addendums adopted by the City in Resolution No. 50-14, Resolution No. 126-19 and Resolution No. 79-20 (“Specific Plan EIR”). Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15168, the Community Benefit Program Agreement is within the scope of the Project analyzed in the Specific Plan EIR and no further CEQA review or document is required. This Community Program Benefit Agreement does not impede, impair or otherwise seek to truncate or limit the City discretion in considering any future Project Approvals for conducting any future CEQA review as required by applicable law. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT 1. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 2. Effective Date and Term. 2.1 Effective Date. The effective date of this Agreement (“Effective Date”) shall be the date upon which City Council approves this Agreement. 2.2 Term. The term of this Agreement shall commence on the Effective Date and shall extend until the earlier of the following: 1) the Developer satisfied all of the obligations set forth in Section 3 of this Agreement, 2) any of the Project Approvals expires, or 3) two years after the Effective Date plus any extensions granted pursuant to Section 4.1 or Section 4.3. This term and any extensions granted shall apply to the Site Development Review permit. 3. Community Benefit to Be Provided by Developer. The following constitute the Community Benefit to be provided by the Developer in exchange for Residential Allocations granted pursuant to Section 4. 284 144\328\3119146.1 3.1 Affordable Housing Project and Provision of Affordable Units. Developer shall provide the following Community Benefit to the City: the development of an affordable housing project (“Project”) consisting of 300 units of affordable housing to be built in two phases (Phase A and B). City recognizes that Developer’s proposed Project qualifies as a “Community Benefit” under the Specific Plan, as it will assist the City with the provision of affordable housing, the benefits of which are set forth in greater detail in the Dublin General Plan’s Housing Element. 3.1.1 Phase A. Phase A shall include 136 units and shall be 100% affordable to extremely low (e.g. up to 30% AMI) and low income (e.g. up to 80% AMI) households earning an average of no greater than 43% area median income (AMI), excluding two property manager unit’s, as further set forth in the Affordable Housing Assistance Agreement executed herewith. 3.1.2 Phase B. Phase B shall include 164 units, shall be 100% affordable and may include moderate-income households, excluding two property manager’s units, as further set forth in the Affordable Housing Assistance Agreement executed herewith. To ensure Phase B of the Project qualifies as a “Community Benefit” under the Specific Plan for use of Excess Capacity, Developer shall obtain the City Manager’s written approval of a final Phase B affordability level plan. 3.2 Certain Units to Be Furnished. Upon occupancy of Phase A, Developer shall fully furnish, at its sole cost and expense, a minimum of 41 units for homeless persons, at-risk of becoming homeless persons, and persons with special needs with necessary and appropriate appliances, furniture, and basic kitchenware/dishes. City recognizes that Developer’s aforementioned furnishing is a qualifying “Community Benefit” under the Specific Plan, as it will assist the City with its General Plan and Specific Plan objectives. 3.3 Community Benefit for Commercial Space within Project. Prior to occupancy of Phase A, Developer shall construct a warm shell of at least 2,200 square feet of a ground floor café or similar use in the Project. City recognizes that this is a qualifying “Community Benefit” under the Specific Plan, as it will assist the City with its General Plan and Specific Plan objectives. 3.4 Community Benefit for Plaza Enhancements for the West Dublin/Pleasanton BART Connection. Prior to occupancy of Phase A, Developer shall provide Plaza enhancements acceptable to BART and the City Manager or their designee, to improve pedestrian access to the connection of the West Dublin/Pleasanton BART station. Developer shall obtain, in writing, the aforementioned acceptance of the proposed Plaza enhancements, which may include enhanced paving materials, landscape plantings, including trees, shrubs, and vines, enhanced lighting, seating areas, and a dog relief area. City recognizes that Developer’s aforementioned provision of enhancements is a qualifying “Community 285 144\328\3119146.1 Benefit” under the Specific Plan, as it will assist the City with its General Plan, Specific Plan and Bicycle and Pedestrian Master Plan. 3.5 Treatment of Affordable Unit Credits Created by Phase A of the Project. The Parties agree that any “affordable unit credits” created by virtue of the construction of affordable housing for Phase A of the Project shall accrue to the City. In furtherance of this Agreement, Developer shall take reasonable efforts to create the “affordable unit credits” pursuant to Section 8.68.060 of the Dublin Municipal Code and any such credits shall be deemed immediately transferred to City once they have been created. 3.6 Treatment of Affordable Unit Credits Created by Phase B of the Project. The Parties agree that any “affordable unit credits” created by virtue of the construction of affordable housing for Phase B of the Project shall be shared with the Developer to assist with the financing thereof, if needed. Any “affordable unit credits” from Phase B shared with the Developer shall be limited to the applicable category from which they are created within Phase B, meaning each credit shall be for a unit of the same level of affordability as was created in Phase B. Any “affordable unit credits” not needed to assist with the financing of Phase B of the Project shall immediately accrue to the City. Lastly, any “affordable housing credits” from Phase B that the Developer receives shall not be used within the Downtown Dublin Specific Plan area until the City has exhausted its own “affordable housing credits.” In furtherance of this Agreement, Developer shall take reasonable efforts to create the “affordable unit credits” pursuant to Section 8.68.060 of the Dublin Municipal Code. 4. Residential Allocations; Reservation of Excess Development Capacity. 4.1 Phase A Residential Allocations. As of the Effective Date, City shall grant 136 Residential Allocations out of the Residential Allocation Pool established by the Specific Plan for the development of Phase A of the Project. The term “Residential Allocation” as used in the Agreement means an allocation of the right to construct residential units from the Residential Allocation Pool established by the Specific Plan. Once granted, the Residential Allocations for Phase A shall extend until two (2) years from the Effective Date (“Phase A Residential Allocation Term”). The City Manager may, in his or her sole discretion, extend the Phase A Residential Allocation Term to a date determined by the City in consideration of Measure A-1 Bond Fund obligations provided the Developer has at the time of such extension applied for a building permit for Phase A. 4.2 Phase A Reservation of Excess Capacity. During the Phase A Residential Allocation Term, and so long as the respective Project Approvals remain in effect, City shall reserve 136 units from the Downtown Dublin Specific Plan Development Pool for Developer’s use in Phase A. In accordance with the Project’s Measure A-1 Bond Funding requirements, Developer must start construction on Phase A of the Project within three years from the 286 144\328\3119146.1 date the City Council allocated the Measure A-1 Bond Funds to the Project. If Developer fails to comply with this Measure A-1 Bond Fund obligation, or any of its obligations under this Agreement, the Excess Capacity reserved for Developer’s use in Phase A shall revert to the pool maintained by the City and will be available to other developers on a “first come, first served” basis. 4.3 Phase B Residential Allocations. As of the date of the City Manager’s written approval of the Phase B affordability level plan as set forth in Section 3.1.2, City shall grant 164 Residential Allocations out of the Residential Allocation Pool established by the Specific Plan for the development of Phase B of the Project. Once granted, the Residential Allocations for Phase B shall extend for the remainder of the Phase A Residential Allocation Term including any extensions granted pursuant to Section 4.1 (“Phase B Residential Allocation Term”). The City Manager may, for good cause, extend the Phase B Residential Allocation Term up to an additional one (1) year beyond the expiration of the Phase A Residential Allocation Term, provided the Developer has at the time of such extension applied for a building permit for Phase B and is otherwise in compliance with its obligations under this Agreement. 4.4 Phase B Reservation of Excess Capacity. During the Phase B Residential Allocation Term, and so long as the respective Project Approvals remain in effect, City shall reserve 164 units from the Downtown Dublin Specific Plan Development Pool for Developer’s use in Phase B. If Developer fails to comply with its obligations under this Agreement, the Excess Capacity reserved for Developer’s use in Phase B shall revert to the pool maintained by the City and will be available to other developers on a “first come, first served” basis. 4.5 Limitation on City’s Obligation. This Agreement shall not be construed to require the City to issue any Project Approvals to the Developer. City is solely required to reserve the Excess Capacity identified in Section 4 of this Agreement. Other than this obligation, nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project. All of City’s applicable ordinances, resolutions, rules, regulations and official policies shall apply to the Project including, but not limited to, those governing the permitted uses of the Property, design and construction of the Project, density and intensity of use of the Project, and the maximum height, bulk and size of proposed buildings within the Project. 5. Amendment or Cancellation. This Agreement may be amended in writing from time to time by mutual consent of the Parties. 6. Severability. 287 144\328\3119146.1 The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal, unless a Party’s consideration materially fails as a result. 7. Attorneys’ Fees and Costs. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement, the Parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys’ fees expended by the City in defense of any such action or other proceeding. 8. Assignment. Developer may wish to sell, transfer or assign all or portions of the Property to other developers (each such other developer is referred to as a “Transferee”). In connection with any such sale, transfer or assignment to a Transferee, Developer may sell, transfer or assign to such Transferee its rights and obligations under this Agreement, so long as said transfer would not result in development of the Property in excess of the FAR permitted by the Project Approvals. No such transfer, sale or assignment of Developer’s rights, interests and obligations hereunder shall occur without prior written approval by the City Manager. The City Manager shall consider and decide on any transfer, sale or assignment within ten (10) days after Developer’s notice, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the obligations incurred by Developer pursuant to this Agreement will be fully satisfied. Upon its formation, Developer may assign this agreement to BRIDGE Dublin LLC (an affiliate of Developer) or a limited partnership in which BRIDGE Dublin LLC (or another LLC affiliate of Developer) is the general partner. 9. Notices. All notices required to be given to City under this Agreement shall be in writing and shall be addressed as follows: City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 Phone: (925) 833-6650 All notices required to be given to Developer under this Agreement shall be in writing and shall be addressed as follows: 288 144\328\3119146.1 BRIDGE Dublin LLC Attn: Brad Wiblin, Executive Vice President 600 California Street, Suite 900 San Francisco, CA 94108 Phone: (415) 321-3565 Email: bwiblin@bridgehousing.com or nsaxby@bridgehousing.com 10. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the Parties. 11. Legal Authority. Each individual executing this Agreement hereby represents and warrants that he or she has full power and authority under the entity’s governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. 12. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors and assigns. No other persons shall have any right of action based upon any provision of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY: City of Dublin, a municipal corporation By: _________________________________ Linda Smith, City Manager Attest: _________________________________ Marsha Moore, City Clerk Approved as to form _________________________________ John D. Bakker, City Attorney DEVELOPER: BRIDGE Dublin LLC, a California limited liability company By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its sole member and manager By: _________________________________ Brad Wiblin, Executive Vice President 3869603.3 289 AFFORDABLE HOUSING ASSISTANCE AGREEMENT Amador Station Housing Project This Affordable Housing Assistance Agreement (“Agreement”) is entered into as of September 21, 2021, by and between the City of Dublin, a municipal corporation (“City”), and BRIDGE Dublin LLC, a California limited liability company (“Developer”). RECITALS A.Developer proposes to develop approximately 3.59 acres of vacant property located on the west side of Golden Gate Drive, north of Interstate 580, in the City of Dublin, designated as APN Nos. 941-2842-002-00 and 941-2842-004-00 (the “Property”). The Property is or will be divided into two portions designated as the “Phase A Site” and the “Phase B Site.” B.Developer intends to develop the Property in two phases, with 136 apartment units to be constructed on the Phase A Site (“Phase A Project”), and 164 apartment units to be constructed on the Phase B Site (“Phase B Project”). C. City and Developer have entered into a “Community Benefit Agreement” with respect to the Community Benefits to be provided by Developer with respect to the Phase A Project and the Phase B Project. The Community Benefit Agreement provides that City and Developer will enter into this Affordable Housing Assistance Agreement with respect to the affordable housing obligations of each party for the Phase A Project and the Phase B Project. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: 1.Phase A Project. Developer will construct 136 apartment units on the Phase A Site, together with all associated landscaping, parking and associated improvements (“Phase A Project”). 2.Phase B Project. Developer will construct 164 apartment units on the Phase B Site, together with all associated landscaping, parking and associated improvements (“Phase B Project”). 3.Design and Land Use Entitlements. Developer has concurrently prepared and submitted, and will process all required applications for City and governmental planning approvals and entitlements for the Phase A Project and Phase B Project. Developer will be responsible for the costs of due diligence, design, land use entitlement and permit applications, consultant and legal costs, and other predevelopment costs; provided that City Loan proceeds may be used to pay for a portion of such costs. 4.Construction and Permanent Financing. Developer will be responsible for obtaining all financing and equity required for the construction and permanent financing of the Phase A Project and Phase B Project. Developer intends for the Phase A Project and the Phase B Attachment 3 Exhibit B to the Resolution 290 Project to be separately financed and constructed. Developer intends to finance the Phase A Project with 4% Low Income Housing Tax Credits, multifamily housing bond financing, a City Loan, a County Loan, and other sources to be determined. Expected financing sources for the Phase B Project are currently unknown. Following the construction closing of Phase A, a default by Developer under Phase B will not constitute a default under Phase A. Following the construction closing of Phase B, a default by Developer under Phase A will not constitute a default under Phase B. 5. City Loan. City will make a construction/permanent loan to the Developer for the Phase A Project in the amount of $7,100,000 (“City Loan”). The City Loan will accrue interest at 3% per annum, unless the County of Alameda and California Department of Housing Community Development each reduce their loan interest rate to below 3% per annum, in which case the City Loan will accrue interest at the same per annum rate set by the California Department of Housing Community Development for the Phase A Project. The term of the City Loan will be the earlier of (i) the fifty-seventh (57th) anniversary of the City Loan origination date, or (ii) the fifty-fifth (55th) anniversary of the date that City issues a Certificate of Occupancy for the Phase A Project. The City Loan will be repaid through Developer’s payment of a mutually determined percentage of the residual receipts of the completed Phase A Project. The Phase A Project residual receipts will be allocated on a pro rata basis between the City Loan, the County Loan and other governmental loans to the Phase A Project which are to be paid through residual receipts. The terms of the City Loan will be set forth in a Promissory Note to be provided by Developer to City at the financial closing for the Phase A Project. The City Loan Promissory Note will be secured by a Deed of Trust to be recorded against the Developer’s ground leasehold interest in the Property. The Regulatory Agreement will also be recorded against the ground leasehold interest in the Property. The City Loan will be nonrecourse, and will be subordinate to the primary construction and permanent loan for the Phase A Project. The City Loan will be disbursed at the construction loan closing, contingent on Developer receipt of building permits and all other required City approvals for the Phase A Project, closing of all other construction financing, and other standard conditions. City and Developer shall enter into a mutually acceptable Affordable Housing Loan Agreement which sets forth the terms and conditions of the City Loan, and attaches the form of the Promissory Note, Deed of Trust and Regulatory Agreement for the Phase A Project. 6. County Loan. City will allocate $2,900,000 of its share of the Alameda County A1 Bond Program funds to the Phase A Project (“County Loan”). Alameda County (“County”) will be responsible for making and administering the County Loan. City will enter into an Intercreditor Agreement with County which sets forth the procedure for allocation of residual receipts to the City Loan and County Loan, and the provides for the lien priority of the City Loan Deed of Trust and County Loan Deed of trust to be on parity. 7. No City Commitment of Financial Assistance for Phase B Project. City does not make any commitment of financial assistance for the Phase B Project. City does not commit to allocate any of its share of the Alameda County A1 Bond Program funds for the Phase B Project. 8. Density Bonus. Developer has requested a density bonus for the combined Phase A Project and Phase B Project, for the purpose of obtaining certain benefits including a parking 291 ratio lower than normally applicable City parking requirements as permitted under Government Code Section 65915(p). The requirement of the density bonus law to restrict the income and rents of designated affordable units will be satisfied by the Regulatory Agreements described in paragraphs 9 and 10 below. 9. Phase A Project Affordable Housing. Developer will restrict all of the apartment units in the Phase A Project (except for two manager’s units) as affordable housing (“Affordable Units”). The income levels of the Phase A Affordable Units will be at the extremely low to low income levels, with an average income level of no greater than 43 percent of Area Median Income. The rent levels of the Phase A Affordable Units will be in accordance with the requirements of the City’s Inclusionary Housing Ordinance, Municipal Code Chapter 8.68, and state density bonus law requirements. Developer and City will enter into and record prior to issuance of building permits a Regulatory Agreement, which sets forth the affordable housing obligations and other requirements for operation of the Phase A Project and Affordable Units. The term of the Regulatory Agreement will be 55 years from the date of issuance by City of a Certificate of Occupancy for the Phase A Project. Upon occupancy of the Phase A Project, Developer shall fully furnish, at its sole cost and expense, a minimum of 41 units for homeless persons, at-risk of becoming homeless persons, and persons with special needs with necessary and appropriate appliances, furniture, and basic kitchenware/dishes. 10. Phase B Project Affordable Housing. Developer will restrict all of the apartment units in the Phase B Project (except for two manager’s units) as affordable housing (“Affordable Units”). The income level of the Phase B Affordable Units will be no greater than the moderate income level, with the specific number of units at each income level to be reasonably determined by mutual agreement of Developer and the City Manager. The rent levels of, and reporting requirements for, the Phase B Affordable Units shall be reasonably determined by mutual agreement of Developer and the City Manager, which may include reporting, rental rates, and selection criteria consistent with City housing programs. Developer and City will enter into and record prior to issuance of building permits a Regulatory Agreement, which sets forth the affordable housing obligations and other requirements for operation of the Phase B Project and Phase B Affordable Units. The term of the Regulatory Agreement will be 55 years from the date of issuance by City of a Certificate of Occupancy for the Phase B Project. 11. Formation of Developer Entity. Developer intends to form one or more limited partnerships or other entities to serve as the developer of the Phase A Project and Phase B Project. BRIDGE Dublin, LLC or an affiliate will be the general partner, managing member or principal of each Developer entity. Developer’s obligations under this Agreement may be assigned to such entity or entities or to BRIDGE Dublin LLC or an affiliate thereof. 12. Amendment or Cancellation. This Agreement may be amended in writing from time to time by mutual consent of the Parties. 13. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal, unless a Party’s consideration materially fails as a result. 292 14. Attorneys’ Fees and Costs. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement, the Parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys’ fees expended by the City in defense of any such action or other proceeding. 15. Notices. All notices required to be given to City under this Agreement shall be in writing and shall be addressed as follows: City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 All notices required to be given to Developer under this Agreement shall be in writing and shall be addressed as follows: BRIDGE Dublin LLC Attn: Brad Wiblin, Executive Vice President 600 California Street, Suite 900 San Francisco, CA 94108 16. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the Parties. 17. Legal Authority. Each individual executing this Agreement hereby represents and warrants that he or she has full power and authority under the entity’s governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. 18. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors and assigns. No other persons shall have any right of action based upon any provision of this Agreement. 19. No Performance Guaranty. This Agreement is not intended to obligate the Developer to construct a phase, until such time as the applicable phase is fully funded, the construction financing for such phase has been closed by Developer and Developer has commenced construction. 293 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY: City of Dublin, a municipal corporation _________________________________ Linda Smith, City Manager Attest: _________________________________ Marsha Moore, City Clerk Approved as to form: _________________________________ John D. Bakker, City Attorney DEVELOPER: BRIDGE Dublin LLC, a California limited liability company By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its sole member and manager By: _________________________________ Brad Wiblin, Executive Vice President 294 STAFF REPORT Planning Commission Page 1 of 18 Agenda Item 6.1 DATE: August 10, 2021 TO: Planning Commission SUBJECT: Amador Station (PLPA-2021-00019) Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The Planning Commission will consider a Site Development Review Permit to develop a 3.6- acre site located on Golden Gate Drive adjacent to the West Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan Transit-Oriented District. The proposed project consists of 300 affordable residential units in two separate buildings that would be constructed in two phases of 136 units and 164 units, and includes ground floor retail, amenity space, and parking. STAFF RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt a Resolution approving a Site Development Review Permit for the Amador Station project on Golden Gate Drive in Downtown Dublin. DESCRIPTION: Background BRIDGE Housing is proposing a two-phase project on a vacant 3.6-acre site which is located adjacent to the West Dublin/ Pleasanton BART station at 6501 Golden Gate Drive as shown in Figure 1. The property is bound by I-580 to the south, the future 499-unit Avalon West project (formerly the St. Patrick Way Residential project) to the west, the Connolly Station residential community to the north, and Golden Gate Drive to the east. Attachment 4 295 Page 2 of 18 The project site is located in the Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP) as shown in Figure 2. Figure 2: Transit-Oriented District/Vicinity Map The DDSP identifies a pool of 2,500 residential units that may be constructed in the DDSP area. As part of the proposed project, the applicant is required to enter into a Community Benefit Agreement in exchange for using units from the pool. The Community Benefit Agreement is subject to review and approval by the City Council. Since the establishment of the pool, 783 units have been constructed. There are 796 units remaining in this pool as shown in Table 1 below. 296 Page 3 of 18 Table 1. DDSP Residential Development Pool Project Address Units Status Total Units in Development Pool 2,500 Connolly Station 7550 St. Patrick Way 309 Approved 2012 – complete Aster (Bay West) 7544 Dublin Blvd. 313 Approved 2013 – complete Valor Crossing (Eden) 6707 Golden Gate Dr. 66 Approved 2013 – complete Trumark Homes 7144 Regional St. 60 Approved 2015 – complete Avesta Development 7601 Amador Valley Blvd. 35 Approved 2016 – complete St. Patrick Way 6700 St. Patrick Way 499 Approved 2018 Regional Street (Eden) 6543 Regional St. 114 Reserved July 2020 Amador Station (proposed project) Golden Gate Drive 308 Reserved April 2021 Total Reserved Units (1,704) Remaining Units 796 On April 20, 2021, the City Council adopted Resolution No. 36-21 appropriating $7.1 million from the City’s Affordable Housing Fund and authorizing the commitment of $2.9 million in Alameda County Measure A-1 funds to BRIDGE Housing for 136 units (Phase A of the proposed project). This came in response to BRIDGE Housing’s Notice of Funding Availability proposal for the creation of affordable rental housing. In addition, the City Council authorized the reservation of up to 308 residential units from the DDSP Development Pool and provided feedback on the negotiated deal points for a Community Benefit Agreement. Upon submittal of the Site Development Review Permit application, BRIDGE Housing reduced the number of units to 300. As a result, the negotiated deal points include the following: • In exchange for the allocation of up to 300 units, the applicant will build an affordable housing project in two phases. At a minimum, the project will include 136 units (excluding one property manager’s unit) that are affordable to very low-, low-, and moderate-income households earning an average of no greater than 43% area median income AMI, and the remaining 164 units will be 100% affordable at a minimum to moderate-income households. • The applicant will, upon occupancy of the project, furnish, at its sole cost and expense a minimum of 41 units for homeless persons, at-risk of becoming homeless persons, and persons with special needs with necessary and appropriate appliances, furniture, and basic kitchen ware/dishes. • The applicant will, upon occupancy of the project, reserve and construct a warm shell of at least 2,200 square feet of a ground floor café or similar use in the project. • The applicant will provide plaza enhancements to improve pedestrian access to the connection of the West Dublin/Pleasanton BART station. 297 Page 4 of 18 • Any affordable housing credits created by virtue of the construction of affordable housing for the 136 units of the project shall accrue to the City. Any affordable housing unit credits created by virtue of the construction of the remaining 164 units of the project may be shared with the applicant to assist with the financing of the project, if needed. These credits will be limited to the applicable category from which they are created. If the credits are not needed to finance the project, then the credits shall accrue to the City. Any credits the applicant received will not be allowed for use within the DDSP area until the City has exhausted its own credits. The City Council directed Staff to proceed with processing the project entitlements for consideration by the Planning Commission and prepare a Community Benefit Agreement for the City Council to consider. Proposal BRIDGE Housing is proposing to construct 300 affordable residential units in two separate buildings that would be constructed in two phases of 136 units (Phase A) and 164 units (Phase B). The proposed project includes ground floor retail, amenity space, parking and overall site improvements such as landscaping and the completion of the BART plaza. ANALYSIS: Site Development Review Permit The DDSP contains allowed uses, development standards, and design guidelines for all projects within its boundaries. The development standards contained in the DDSP are purposefully permissive to allow flexibility in project design and implementation. The two proposed buildings meet all the development standards of the Transit-Oriented District (DDSP Section 4.2). An overview of those standards and a comparison to the proposed project is provided in the table below. Table 2. Overview of DDSP Development Regulations Development Regulation Standard Proposed Density Range 30 to 85 units per acre (108-306 units) 83.3 units per acre (300 units) Building Height 8 floors / 90 feet 5 floors / 61 feet Setbacks: Golden Gate Dr. Interior 5 feet min. 15 feet max. (80% of bldg. façade) 6 – 12 feet 17.5 feet 298 Page 5 of 18 Development Regulation Standard Proposed I-580 Freeway 5 feet min. 10 feet min. 24 feet Parking: Residential 1.5 spaces per unit / 450 spaces .79 spaces per unit / 238 spaces1 Commercial2 1 per 300 SF / 7 spaces 7 spaces Guest Parking Loading Spaces Up to 15% of required parking None Included in residential parking requirement 3 spaces 1 Recent changes in State Density Bonus Law allow qualifying projects, as a matter of right, to obtain lower parking requirements than what would otherwise be required by local government standards. See parking section below for additional information. 2 Commercial parking requirement based on “Eating and Drinking Establishment - Take out” Site Layout and Circulation The two proposed buildings would be sited on the east and west sides of the parcel and would be separated by a central drive aisle (Lane A). Refer to the site plan in Figure 3 below. The east building (Phase A) would be oriented along Golden Gate Drive and Entry Drive. The west building (Phase B) would be oriented along Lane A and Entry Drive. The vehicular access to the project would be from Entry Drive, a private street located on the subject parcel, that shares access with the Connelly Station residential community to the north and connects to both Golden Gate Drive and St. Patrick Way. Lane A connects to Entry Drive and provides access to both parking garages. The area of Lane A south of the parking garage entrances is designed as a pedestrian open space and preserves its function for emergency vehicle access. All amenity and common spaces including community rooms, lobbies, mail rooms, and property management offices are located on the ground floor along the Golden Gate Drive and Entry Drive frontages. Loading and drop-off parking spaces are provided along Entry Drive adjacent to Phase A. On the southeast corner of the parcel is the future BART plaza, which will continue to be owned by BART. As part of the Community Benefit Agreement, the applicant is responsible for the construction of the BART plaza. Per draft condition of approval #18, final design is subject to review and acceptance by the Community Development Director in collaboration with the Public Works Director. 299 Page 6 of 18 Figure 3: Site Plan Architecture and Materials The architectural concept for the development is contemporary five story buildings with four floors of residential above ground floor parking, ground floor retail, and amenity space. The exterior finishes include a variety of contemporary building materials including, cementitious panels (vertical and horizontal), masonry veneer, stucco, glass and metal screens, railings and awnings. Each building’s façade is articulated through the use of a three-story architectural element of grouped windows and varying window patterns that create visual interest at different levels. The roofline has a traditional contemporary form with taller elements on the prominent corners. The prominent corners of the Phase A building, which include Golden Gate Drive at the BART plaza and Golden Gate Drive at Entry Drive, are defined by their height and vertically oriented metal panels. A long decorative screen projects from the building façade along the second, third and fourth floors adding a unique element. Figures 4 through 6 provide views of the Phase A building from the BART plaza, Golden Gate Drive and I-580. 300 Page 7 of 18 Figure 4. Partial South Elevation from BART Plaza Figure 5. View from Golden Gate Drive looking south toward Entry Drive Figure 6. South Elevation – I-580 The buildings are further accented with various color and material changes. The ground floor is clad with masonry and articulated with window and architectural awnings at the parking garage entries and other non-residential spaces such as the property management offices, 301 Page 8 of 18 lobbies, utility and bicycle closets and the community room. The second, third and fourth floors are grouped in large blocks that project beyond the ground floor. This area is separated from the fifth floor through the use of horizontal siding, the addition of balconies, and varied colors of horizontal bands of cementitious panels. The fifth floor and upper most story is highlighted with tall narrow windows, decorative awnings and vertical siding. The ground level of the Phase A building along Golden Gate Drive and Entry Drive is highlighted with a property management office, community room, and retail space that fronts the future BART plaza and will help to activate the streetscape. Building perspectives and elevations are included in Attachment 2, Sheets A2.0-A4.5. Landscape Design The landscaping is designed to enhance the two building’s architecture while complementing the already established landscaping in the surrounding developments and on the street, including the more recent streetscape improvements along Golden Gate Drive. The landscape is also functionally designed to buffer the proposed buildings in key locations such as along 1- 580 and the future residential development to the west. The DDSP encourages the use of landscaping on all sides of buildings, along streets, walkways, driveways and private outdoor spaces. A combination of trees, shrubs and groundcovers are also encouraged which may be provided in planters, pots or in the ground. The DDSP supports the inclusion of shade trees along walkways and near buildings. These encouraged features are included in the proposed design. As previously stated, the area of Lane A between the two buildings south of the parking garage entrances is designed as a pedestrian open space and preserves its function for emergency vehicle access. This pedestrian promenade is enhanced with decorative pavers, reclaimed redwood benches and planting areas. In addition to the ground level plantings, the buildings are designed with courtyards above the parking garages. The east building (Phase A) has two smaller courtyards allowing for residential units in the middle of the building. The west building (Phase B) is a circular layout with one centralize courtyard. As shown in Figure 7 below, the design concept for the interior courtyards provides a combination of planting area, artificial turf, children’s play equipment, sand pit, wood decking and a BBQ with seating. 302 Page 9 of 18 Figure 7: Courtyards The plants selected will provide year-round seasonal interest, with a mix of evergreen and deciduous plantings. The plantings will be drought tolerant with water management features that will allow the site to use a minimum amount of water while creating an attractive and thriving environment. The conceptual landscape plan is included in Attachment 2, Sheet L0.01, with details on Sheets L0.02 and L0.03. Parking With the passage of Assembly Bill 2345 (State Density Bonus Law), an affordable housing project located within ½ mile of an accessible major transit stop is entitled to a reduced parking requirement of .5 space per residential unit. As noted in Table 2 above, the DDSP requires 1.5 spaces per residential unit and up to 15% of the required parking for guest spaces. The project proposes a total of 245 spaces in two ground level parking garages, including 238 spaces for the residential units and guest parking (.79 spaces per unit), and seven spaces for the ground floor retail. BRIDGE Housing agreed to prepare a parking study for the project to evaluate the adequacy of 303 Page 10 of 18 the proposed parking. The City engaged CHS Consulting Group to conduct the parking study, which evaluated parking based on the following: 1. Institute of Transportation Engineers (ITE) Parking Generation Manual; 2. Comparative Parking Data from existing BRIDGE Housing sites; and 3. GreenTRIP Connect Dashboard parking analysis tool. ITE Parking Generation Manual CHS first conducted a parking demand analysis using the ITE Parking Generation Manual Land Use Code 223 (Affordable Housing) for a general urban/suburban setting located within ½ mile of transit. This land use exhibited a range in parking demand from 0.32 to 1.66 parking spaces per unit, with an average demand of 0.99 parking spaces per unit. The proposed project includes 66 studio units of permanent supportive housing for tenants who would not own cars and would not receive on-site parking spaces. Therefore, CHS assumed a baseline of 234 units and 2,200 square feet of retail use for the ITE analysis. While the ITE analysis shows that the reduced parking ratio would meet the project’s estimated parking demand, it was noted that ITE’s parking demand tool draws from nationwide parking data. CHS, therefore, conducted further analysis for the proposed project utilizing parking data from existing BRIDGE Housing peer sites and GreenTRIP, as these resources provide a more accurate assessment of current Bay Area parking conditions at affordable housing developments in similar local land use contexts. Comparative Parking Data (BRIDGE Housing) CHS reviewed parking supply and occupancy data of other existing BRIDGE Housing sites with similar characteristics (multistory, transit-oriented developments with 100 percent affordable housing programs) and on-site parking ratios are at or below the proposed project’s parking ratio of .79 spaces per unit (or .82 spaces per unit inclusive of the commercial parking spaces). Five peer sites with similar program characteristics were selected including four in the San Francisco Bay Area and one in San Diego, California. Two additional sites that are not transit-oriented sites in the San Francisco Bay Area were also compared. GreenTRIP CHS employed GreenTRIP to estimate the proposed project’s anticipated parking demand based on similarly sited Bay Area affordable housing projects and assessed the ability of transportation demand management (TDM) strategies to reduce parking demand at the project site. Similar to the ITE analysis, CHS assumed a baseline of 234 units for the GreenTRIP analysis. The conclusions of the GreenTRIP analysis for the proposed project’s residential parking demand are consistent with the ITE parking demand analysis and the parking demand data gathered from BRIDGE Housing’s peer sites Based on parking analysis prepared by CHS, the proposed project’s parking supply of 245 304 Page 11 of 18 spaces would exceed parking demand and would not result in a parking deficit. Due to the proposed project’s affordable housing program and its location within a half-mile the West Dublin/Pleasanton BART Station, it would meet the State Density Bonus Law requirements for a reduced parking ratio of 0.5 spaces per residential unit (150 spaces). The commercial space would be required to provide up to seven spaces for a combined requirement of 166 spaces. The proposed project would provide 245 parking spaces, exceeding the requirement by 79 spaces. Refer to Attachment 3 for the CHS parking study. Public Art The City’s public art requirement does not apply to 100% low-income housing projects. If the affordability levels of the project were to increase, public art would be required pursuant to Dublin Municipal Code Chapter 8.58 Public Art Program Contribution. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, AND ZONING ORDINANCE The project is consistent with the General Plan land use designation of Downtown Dublin – Transit-Oriented District and the DDSP. The DDSP was written as a comprehensive plan for future development in the Downtown area. The Specific Plan contains the allowed uses, development standards, and design guidelines with which all projects within the boundaries must be in compliance. The proposed project, with the allocation of residential units from the Development Pool as described above, is consistent with the DDSP and the City’s Zoning Ordinance. The proposed project has been designed to be compatible with surrounding residential and commercial properties, while encouraging the appropriate integration to activate this key area of Downtown Dublin. In addition, the proposed project will contribute to the implementation of the vision of the DDSP and the housing opportunities offered in the DDSP area. Downtown Dublin Specific Plan Guiding Principles A set of guiding principles are included to help prioritize the direction and development strategy for Downtown Dublin as a whole (DDSP Section 3.3). The purpose of the guiding principles is to define a framework for future land uses, development standards and design guidelines. In addition, guiding principles for Downtown Dublin as a whole, guiding principles have been identified for the Transit-Oriented District (DDSP Section 3.3.3). Those that apply to the proposed project are as follows: • Promote transit-oriented development to create a distinctive and active district; • Identify opportunity sites for future development that incorporate mixed-use and provide public and/or private plazas and outdoor gathering areas at strategic locations; and • Encourage underground and/or above ground parking structures. 305 Page 12 of 18 Downtown Dublin Specific Plan Vision The established vision of the DDSP is to make Downtown Dublin “a vibrant and dynamic commercial and mixed-use center that provides a wide array of opportunities for shopping, services, dining, working, living and entertainment in a pedestrian-friendly and aesthetically pleasing setting that attracts both local and regional residents.” The development of the subject property is an important incremental improvement to advance this vision. The proposed project also supports the narrower vision for the Transit-Oriented District which is “to encourage the development of the area with land uses that support and complement transit uses, particularly the West Dublin BART Station. These uses include high-density multi- family residential and those that are generally more urban that the surrounding area”. In addition, a pedestrian-scale, walkable environment is encouraged through the development of plazas and connectively within the District and areas outside the District. The proposed project with its completion of all frontage improvements and site design will further the vision of the Transit-Oriented District. Downtown Dublin Specific Plan Design Guidelines The DDSP establishes design guidelines for development within the plan area (DDSP Section 4.4). The proposed project meets the key design guidelines of the DDSP (DDSP Section 4.4), including: • Using high-quality building materials and treating all building facades that are visible from the public realm with similar architectural elements, materials, and colors; • Incorporating treatments into the building design to ensure articulation and visual interest by utilizing techniques such as changing direction of the wall or façade, altering the height of the rooflines, providing projecting elements such as canopies, balconies, trellises, and breaking up large surfaces with logical changes in materials, texture, or colors; • Use of bold colors as accent features only and maximizing the use of muted or soft colors; • For residential uses, porches, balconies, and courtyards and providing ground-floor access to both individual and common building entrances; and • Finishing materials and color used on all building facades should be complementary to cone another and appropriate for the architectural style and character of the building. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. Conditions of Approval from these departments and agencies have been 306 Page 13 of 18 included in the attached Resolution (Attachment 1). ENVIRONMENTAL DETERMINATION: The proposed project is located within the Transit-Oriented District of the DDSP, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse No. 20100022005. The DDSP Final EIR was certified by City Council Resolution No. 08-11 on February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA), the proposed residential development is: (1) exempt from further environmental review under Government Code Section 65457 and CEQA Guidelines Section 15182; and (2) under CEQA Guidelines Section 15168, this residential project is in conformity with the DDSP and within the scope of the project analyzed in the DDSP EIR, and, therefore, no further CEQA review or document is required. Government Code sec. 65457 and CEQA Guidelines Section 15182 - Exemption Pursuant to Government Code sec. 65457 and CEQA Guidelines Section 15182(c)(Residential Projects Implementing Specific Plans) of the CEQA Guidelines which states: "Eligibility. Where a public agency has prepared an EIR on a specific plan after January 1, 1980, a residential project undertaken pursuant to and in conformity to that specific plan is exempt from CEQA if the project meets the requirements of this section….If after the adoption of the specific plan, an event described in Section 15162 occurs, the exemption in this subdivision shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the specific plan. As identified in CEQA Section 15162 and briefly described as follows, supplemental environmental review is required only when there are new or substantially more severe significant environmental impacts which require major revisions to the EIR due to project changes, substantial changes with respect to circumstances under which the project is undertaken or new information of substantial importance, or other standards under CEQA section 15162 are met. On February 1, 2011, the City Council approved the DDSP to guide development within the 284- acre Downtown Dublin area and create a vibrant and dynamic mixed-use center (Resolution No. 09-11). Pursuant to the requirements of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) (State Clearinghouse No. 2010022005) was prepared for the DDSP and certified by the City Council on February 1, 2011 (Resolution No. 08-11). On May 6, 2014, the City Council adopted Resolution No. 49-14 adopting an Addendum to the DDSP EIR for changes to the DDSP. The changes included increasing the number of residential units permitted in the DDSP area by 1,200 units and decreasing the amount of commercial square footage permitted by 773,000 square feet, creating minimum density thresholds for the Transit-Oriented and Retails Districts, and restricting residential development on the west side of San Ramon Road in the Retail District. 307 Page 14 of 18 On December 3, 2019, the City Council adopted Resolution No. 126-19 adopting an Addendum to the DDSP EIR for changes to the DDSP. The changes included an amendment to the General Plan and DDSP to allow an increase in the allowable commercial floor area ratio in the Transit- Oriented and Retail Districts to 2.5 and 2.0 respectively, combining the new residential dwelling unit allocation into one pool for all three districts, and amending the parking standards in the Village Parkway and Transit-Oriented Districts. On July 21, 2020, the City Council adopted Resolution No. 79-20 adopting an Addendum to the DDSP EIR for changes to the DDSP to implement the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019. The changes included a new street grid of both public and private streets in the Retail District, siting of the Town Square, combining the remaining allocation of new non-residential square footage from Transit-Oriented and Retail Districts into one pool for the two areas, adding lodging as a permitted use in the Retail District, and modifying the design guidelines in “The Core” area of the Retail District to encourage walkable and pedestrian-friendly development. DDSP EIR and the subsequent Addendums analyzed the construction of approximately 2.2 million square feet of non-residential development and 2,500 residential dwelling units, included in the DDSP. Of the 2,500 residential dwelling units, 1,900 unit were allocated to the Transit-Oriented District. As shown in Table 1 above, the proposed project’s 300 units are within the already contemplated residential development activity in the DDSP. The project is consistent with DDSP. Approval of the proposed 300-unit residential project would be within the development threshold of the 2,500 residential dwelling units allocated for the DDSP. In addition, the proposed project conforms with the development regulations and design guidelines established in the specific plan in which is located as shown in Table 2 above. As provided in Government Code Section 21166 and Section 15162 of the CEQA Guidelines, when an EIR has been prepared for a project (DDSP EIR), no new environmental document shall be prepared for the proposed project, unless the Planning Commission makes one of the following determinations under Section 15162(a): 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 308 Page 15 of 18 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternative; or c. Mitigation measures which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure. The City conducted a review to determine if the proposed project met any of the standards requiring the preparation of supplemental environmental review under CEQA and concluded that the project is within the scope of development analyzed by the DDSP EIR and subsequent Addendums. The circumstances under which the project is to be undertaken have not substantially changed since the DDSP EIR and subsequent Addendums were prepared and will not substantially change with approval of the project. The DDSP EIR adequately described the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required other than those previously disclosed and analyzed in the DDSP EIR and subsequent Addendums. Approval of the project will not create any site-specific operations giving rise to environmental effects different from those examined by the DDSP EIR or requiring the preparation of an Initial Study. The proposed project is subject to the DDSP Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Section 15182, the project impacts are covered by the DDSP EIR and its Addendums. Based on a review of the project, the environmental analysis in the DDSP EIR and all the information in the project record as a whole, the City has determined that there is no substantial evidence that any of the standards are met. As part of this determination, the City had an analysis of parking and noise impacts prepared for the project to ensure that potential impacts in those areas did not present new or substantially more severe significant impacts than presented in the DDSP EIR. The results of the analysis is provided below. Therefore, pursuant to Government Code Section 65457 and CEQA Guidelines Section 15182, the project is exempt from CEQA and no further environmental review is required for this project. Section 15168 – WITHIN SCOPE OF CERTIFIED DDSP PROGRAM EIR 309 Page 16 of 18 The DDSP was prepared as a Program EIR under CEQA Guidelines Section 15168 to be used as the CEQA review for future implementing projects. Section 15168(a) defines a “program EIR” as one prepared on a series of actions that can be characterized as one large project and are related geographically and by other shared characteristics. Section 15168(c) states that later activities in the program EIR must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. If the agency finds that pursuant to CEQA Guidelines Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR and no new environmental document would be required. Operation Traffic Analysis The DDSP EIR assessed the transportation impacts of the DDSP by generally identifying large areas for development. For the subject property, the DDSP EIR assumed a 150-room hotel since this was a potentially known project at the time the DDSP was adopted. In 2018, a signal warrant analysis was completed in conjunction with the St. Patrick Way Residential project (PLPA-2017-00069) for the intersection of Golden Gate Drive and St. Patrick Way. The study found that a traffic signal was not warranted by the project alone; however, it did note that in the future (before 2040) with additional projects (including the Amador Station project), the signal will be required. This finding was consistent with the DDSP EIR Mitigation Measure 3.9- 1. This mitigation measure requires the City to collect impact fees from developers in the Specific Plan Area for the Tri-Valley Transportation Development Fee as well as the Western Dublin Traffic Impact Fee programs prior to issuance of building permits. This will fund local and regional transportation improvements. The signal at Golden Gate Drive and St. Patrick Way has already been identified in the Western Dublin TIF program and the payment of the required TIF fees addresses this previously identified impact. Noise Impacts The DDSP EIR identified the impact pertaining to the increase of noise levels in the area from mobile sources (vehicular traffic) at existing and future uses. To mitigate this impact, the City adopted Mitigation Measure 3.7-3. This mitigation measure requires that future development within the DDSP project area located adjacent to I-580 prepare a site-specific acoustical analysis subject to review and approval by the City. The mitigation required that the acoustical analysis evaluate resultant noise impacts in comparison to the City’s noise criteria for Land Use Compatibility for Community Noise Environments. Feasible project specific mitigation measures are required as part of the project design to reduce noise impacts at future noise sensitive land uses, including but not limited to: 1) site design; 2) operational restrictions; 3) barriers; 4) setbacks; and 5) insulation. An acoustical assessment dated July 2021, was prepared by Kimley Horn on behalf of the applicant. The assessment evaluated future uses at the project site and potential noise levels they would be exposed to. The assessment includes an evaluation of the existing conditions and concluded that the primary noise source was traffic on I-580. As required by Mitigation Measure 3.7-3, the assessment made project specific design recommendations to address 310 Page 17 of 18 noise levels to 49 effected units. The recommendations are as follows: 1) Upgraded windows and entry doors on the affected units; and 2) The final site design should implement centralized heating/ventilation/air-conditioning units (HVAC) on all the affected units. With implementation of the above recommendations, the interior noise levels at the project would not exceed the 45dBA interior threshold required by the California Building Code and the Dublin General Plan. Based on the project record as a whole, the proposed project is within the scope of the project covered by the DDSP EIR and subsequent Addendums. The circumstances under which the project is to be undertaken have not substantially changed since the DDSP EIR and subsequent Addendums were prepared and will not substantially change with the approval of the project. As supported by the operational traffic analysis and noise study, the EIR adequately describes the impacts of the project for the purposes of CEQA, no mitigation measures or new alternatives are required by the project other than those previously disclosed and analyzed in the DDSP EIR and subsequent Addendums. Approval of the project will not create any site-specific operations giving rise to environmental effects different from those examined by the EIR or requiring the preparation of an Initial Study. The proposed project is subject to the DDSP Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Section 15182, the project impacts are covered by the DDSP EIR and its Addendums and no further environmental review is required for this project. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Two City-led Community Meetings were held on June 30 and July 1, 2021, to provide Dublin residents with information about the proposed Amador Station residential project. No residents attended the meeting on June 30. One resident attended the meeting on July 1 along with four members of the applicant team. Staff provided a presentation that included an overview of the new Community Meeting concept, the City’s development review process, and the proposed project. Questions were asked about proposed parking and on-site services available to address resident issues (i.e., residents that might have drug/alcohol abuse and/or mental health issues). In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant. 311 Page 18 of 18 ATTACHMENTS: 1) Resolution Approving the Site Development Review Permit 2) Exhibit A to Attachment 1 Project Plans 3) Parking Study prepared by CHS 312 STAFF REPORT CITY COUNCIL Page 1 of 7 Agenda Item 7.1 DATE: April 20, 2021 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: BRIDGE Housing Affordable Rental Housing Project Unit Reservation and Funding Allocation Prepared by: Amy Million, Principal Planner, Kristie Wheeler, Assistant Community Development Director, and Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: BRIDGE Housing is seeking to develop a 3.6-acre site located at 6501 Golden Gate Drive within the Downtown Dublin Specific Plan area. This proposal is in response to the City’s Notice of Funding Availability for affordable housing and direction received from the City Council after reviewing the initial proposal on November 17, 2020. The proposed project consists of 308 affordable units to be built in two phases of 136 units and 172 units, and includes ground floor retail, amenity space, and parking. The City Council will consider reserving up to 308 units from the Downtown Dublin Specific Plan Development Pool and related deal points for a Community Benefit Agreement for the affordable housing project. The City Council will also consider appropriating $7.1 million from the City’s Affordable Housing Fund and authorizing the commitment of $2.9 million in Alameda County Measure A-1 Bond funds to BRIDGE Housing for the project. STAFF RECOMMENDATION: Adopt the Resolution Appropriating $7.1 Million From the City’s Affordable Housing Fund and Authorizing the Commitment of $2.9 Million in Alameda County Measure A-1 Funds From Dublin’s Base City Allocation to BRIDGE Housing, authorize the reservation of up to 308 residential units from the Downtown Dublin Specific Plan Development Pool, and provide feedback on the negotiated deal points for a Community Benefit Agreement. FINANCIAL IMPACT: Funds contributed to support construction of the proposed affordable rental housing development would be provided from the City’s Affordable Housing Fund including fees paid Attachment 5 313 Page 2 of 7 to the City by developers to comply with the City’s Inclusionary Zoning Regulation, and by Alameda County Measure A-1 Bond funds. DESCRIPTION: Background On November 17, 2020, the City Council received a report regarding affordable rental housing proposals that had been received in response to the Notice of Funding Availability (NOFA) issued by the City in July 2020 (refer to Attachment 2). The two proposals included a 77-unit project that was part of a larger multi-phase project proposed by BRIDGE Housing at 6501 Golden Gate Drive and the subject of this Staff Report, and a 121-unit project proposed by Eden Housing at 7922 Dublin Boulevard. The City Council directed Staff to continue to work with BRIDGE Housing on refinements to their proposal but also consider potential opportunities to provide funding to both projects. Since that time, Eden Housing has withdrawn their proposal. In addition, the BRIDGE Housing proposal has changed considerably and now would be 100% affordable. Proposal BRIDGE Housing is proposing a two-phase project on a vacant 3.6-acre project site which is located adjacent to the West Dublin/Pleasanton BART station at 6501 Golden Gate Drive as shown in Figure 1 below. The property is bound by I-580 to the south, the future 499-unit St. Patrick Way residential project to the west, Connolly Station residential community to the north, and Golden Gate Drive to the east. Figure 1. Project Location The two-phase project would consist of a total of 308 units. BRIDGE’s NOFA proposal requests funding for 136 units in Phase A (refer to Attachment 3). Table 1 below provides the mix of income levels based on a percentage of area median income (AMI) for these units. BRIDGE 314 Page 3 of 7 has indicated that the remaining 172 units would be 100% affordable and may include moderate-income units but a detailed affordability matrix has not yet been determined. In addition, BRIDGE anticipates that 30% of the units in Phase A would be set aside for special needs populations that could include formerly homeless individuals/families and/or veterans. Table 1. Anticipated Affordability Mix for 136 Units % of Area Median Income (AMI) No. of Units 20 41 40 15 50 40 60 39 Market Rate (Manager’s Unit) 1 Total 136 The subject property is located in the Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP) as shown in Figure 2. Figure 2: Transit-Oriented District/Vicinity Map The DDSP provides a list of permitted uses, development standards and design guidelines for all development within the Plan area. The DDSP identified a pool of 2,500 residential units that may be constructed in the DDSP area. A developer must provide a benefit to the community for the use of these units. Since the establishment of the Development Pool, 1,396 units have been reserved and/or constructed. There are 1,104 units remaining in the Pool as shown in Table 2 below. Table 2. DDSP Residential Development Pool Project Address Units Status Total Units in Pool 2,500 Connolly Station 7550 St. Patrick Way 309 Approved 2012 – complete 315 Page 4 of 7 Project Address Units Status Aster (Bay West) 7544 Dublin Blvd. 313 Approved 2013 – complete Valor Crossing (Eden) 6707 Golden Gate Dr. 66 Approved 2013 – complete Trumark Homes 7144 Regional St. 60 Approved 2015 – complete Avesta Development 7601 Amador Valley Blvd. 35 Approved 2016 – complete St. Patrick Way 6700 St. Patrick Way 499 Allocated 2018 Regional Street (Eden) 6543 Regional St. 114 Reserved July 2020 Total Reserved Units (1,396) Remaining Units 1,104 The two-phase BRIDGE project proposes an overall residential density of 85.5 units per acre (308 units/3.6 acres = 85.5 unit/acre), which would exceed the maximum density of 85 units per acre allowed under the DDSP by two units. In order to achieve this density, the BRIDGE proposal would rely on a density bonus using State Density Bonus Law. State Density Bonus Law is implemented through the City’s Density Bonus Ordinance and provides incentives to developers for the production of housing affordable to lower income households, senior citizens, disabled veterans, and homeless persons. The following is an overview of the DDSP Development Standards for the Transit-Oriented District and a comparison to the proposed project. Table 3. Overview of DDSP Development Regulations Development Regulation Standard Proposed Density Range 30 to 85 units per acre (108-306 units) 308 units Density Bonus 35% based on min. 20% low income units (105 density bonus units) 2 units Building Height 8 floors / 90 feet 5 floors / approx. 65 feet Setbacks: Golden Gate Drive Interior I-580 Freeway 5 feet min. 15 feet max. (80% of bldg. façade) 5 feet min. 10 feet min. TBD – conceptual plan only Parking: Residential 1.5 spaces per unit / 462 spaces .83 spaces per unit / 253 spaces plus 2 spaces for employees1 Commercial 1 per 300 SF / 7 spaces 2 spaces1 316 Page 5 of 7 Development Regulation Standard Proposed Guest Parking Up to 15% of required parking 2 spaces 1 Recent changes in State Density Bonus Law allow qualifying projects, as a matter of right, to obtain lower parking requirements than what would otherwise be required by local government standards. With the passage of Assembly Bill 2345, a 100% affordable housing project located within ½ mile of an accessible major transit stop is entitled to a reduced parking requirement of ½ space per unit unless a higher parking ratio is supported by a parking study. Additionally, the applicant’s proposal includes certain units that serve populations which do not drive and, thus, reduce the need for parking. The proposed parking is currently under review by Staff. The applicant has prepared a conceptual site plan and elevations of the proposed project as viewed from Golden Gate Drive, from the future BART plaza and from the BART platform over Interstate 580 (refer to Attachment 4). The architectural concept for the development is contemporary five story buildings with four floors of residential above ground floor parking, ground floor retail, and amenity space. The conceptual design shows a variety of contemporary building materials (including cementitious panels, metal panels, awnings and railings, brick veneer, and stucco) varying vertical parapet heights, and upper level balconies. The ground level along Golden Gate Drive and Entry Drive is highlighted with property management offices, community rooms, and a retail space that fronts the future BART plaza and will help to activate the streetscape. Community Benefit Agreement As previously discussed, there are 1,104 units remaining in the residential development pool for the downtown. The applicant proposes to utilize 308 units from the Development Pool and must provide a benefit to the community for the use of these units. (DDSP § 3.5, p. 48; § 6.4, pp. 120-122.) The DDSP lists a number of potential benefits and indicates that the City Council can approve other benefits and the community benefit requirement shall, “[s]o far as possible, be uniformly applied proportionate to the density obtained, while acknowledging that some benefits may be particularly valuable to the City.” (DDSP § 6.4, pp. 120-122.) The applicant and Staff have discussed the terms of the proposed Community Benefit Agreement as follows: • In exchange for the allocation of up to 308 units, the applicant will build an affordable housing project in two phases. At a minimum, the project will include 136 units that are affordable to households earning an average of no greater than 43% AMI, and the remaining 172 units will be 100% affordable and may include moderate income units. • The applicant is also proposing to make the units which are made affordable for homeless persons, at-risk of becoming homeless persons, and persons with special needs to be fully furnished with appliances, furniture, and basic kitchenware/dishes. 317 Page 6 of 7 • In addition, the applicant will, upon occupancy of the project, reserve and construct a warm shell of at least 2,200 square feet of a ground floor café or similar use in the project. • The applicant will also provide plaza enhancements to improve pedestrian access to the connection of the West Dublin/Pleasanton BART station. • Lastly, any affordable housing credits created by virtue of the construction of affordable housing for 136 units of the project shall accrue to the City. Any affordable housing unit credits created by virtue of the construction of the remaining 172 units of the project shall be shared with the Developer to assist with the financing of the project, if needed. These credits will be limited to the applicable category from which they are created. If the credits are not needed to finance the project, then the credits shall accrue to the City. Any credits the applicant received will not be allowed for use within the DDSP area until the City has exhausted its own credits. Funding Commitment BRIDGE is requesting $10 million in financial assistance for 136 units, or $73,529 per unit. Refer to BRIDGE Housing’s project description and financing plan in Attachment 3. Keyser Marston Associates, a real estate advisory firm, reviewed BRIDGE’s funding proposal and concluded that the development costs and financing plan are consistent with the experiences of other similar affordable housing projects that they had recently evaluated and appears reasonable. Furthermore, the amount of local subsidy that is being requested per unit of development is less than what is being provided for the other comparable projects that they evaluated. Keyser Marston’s review is provided in Attachment 5. Next Steps Next steps will include preparation of complete applications for a Site Development Review Permit and Tentative Parcel Map for consideration and action by the Planning Commission. A Community Benefit Agreement will be brought forward to the City Council for consideration after the Planning Commission takes action on the entitlements. ENVIRONMENTAL DETERMINATION: The action before the City Council is not subject to the requirements of the California Environmental Quality Act (CEQA) as it does not have the potential to result in a direct physical change in the environment or a reasonably foreseeable indirect change in the environment and, thus, does not meet the definition of a project under CEQA Guidelines Section 15378. Future applications for a Site Development Review Permit and Tentative Parcel Map for the proposed project would be subject to CEQA prior to consideration and action by the Planning Commission. 318 Page 7 of 7 STRATEGIC PLAN INITIATIVE: Strategy 3: Create More Affordable Housing Opportunities Objective A: Facilitate production of affordable housing for lower income seniors, workforce and special needs households by leveraging the Alameda County Measure A-1 Bond funds and the City’s Affordable Housing Fund. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Although a public notice is not required, the City mailed a notice to all property owners and occupants within 300 feet of the proposed project. A public notice was published in the East Bay Times and posted in the designated posting places. A copy of this Staff Report was provided to the applicant and was made available on the City’s website. ATTACHMENTS: 1) Resolution Appropriating $7.1 Million From the City’s Affordable Housing Fund and Authorizing the Commitment of $2.9 million in Alameda County Measure A-1 Funds From Dublin’s Base City Allocation to BRIDGE Housing 2) November 17, 2020 City Council Staff Report 3) BRIDGE Housing Project Description and Financing Plan 4) Preliminary Site Plan and Conceptual Architecture 5) Keyser Marston Associates Memorandum 319 BRIDGE Housing Community Benefit Program Agreement and Affordable Housing Assistance Agreement City Council September 21, 2021 Item 7.1 Background •April 20, 2021 –City Council: –Appropriated $7.1 million from City’s Affordable Housing Fund and authorized commitment of $2.9 million in Alameda County Measure A-1 Funds to BRIDGE Housing –Authorized the reservation of 308 units from the Downtown Dublin Specific Plan Development Pool –Provided feedback on deal terms for Community Benefit Agreement •August 10, 2021 –Planning Commission: –Approved Site Development Review Permit for 300 affordable rental units in two phases BRIDGE Proposal •Vacant 3.6-acre site located adjacent to West Dublin/Pleasanton BART station Project Summary / Site Plan •Two -phases with 300 affordable units –136 units (Phase A) –164 units (Phase B) –Ground floor retail, amenity space and parking –BART Plaza Phase APhase B I-580 Golden Gate Drive Project Design Phase B Phase A Connelly Station Avalon West BART Parking Garage View from BART Platform View from Golden Gate Drive Community Benefit Agreement •Affordability level •Fully furnished units •2,200 sq. ft. ground floor café •Plaza enhancements •Affordable housing unit credits Affordable Housing Assistance Agreement •Sets forth terms of City loan for Phase A and affordable housing requirements for overall project •Regulatory Agreement establishing affordable housing obligations and other requirements for operation of project and affordable units will be recorded prior to building permit for each phase •Term of Regulatory Agreement will be 55 years from date City issues a Certificate of Occupancy for each phase of project Recommendation •Adopt Resolution Approving the Community Benefit Program Agreement and Affordable Housing Assistance Agreement Between the City of Dublin and BRIDGE Dublin, LLC