HomeMy WebLinkAboutItem 6.2 Gateway Medical Ctr Attch 4-12
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ORDINANCE NO. XX - 07
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT FOR THE DUBLIN GATEWAY MEDICAL
CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT
4084 AND 4100 DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Dublin Gateway Medical Center Building 3 Hospital and Garage project (the
"Project") is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an
area designated Campus Office on the General Plan Land Use Element Map and Eastern Dublin Specific
Plan Land Use Map with an allowance for General Commercial land uses pursuant to Planned
Development Zoning. '
B. Pursuant to the California Environmental Quality Act (CEQA), Sections 15162 and 15164
provide that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared
when a project requires a minor technical change to an EIR and there are no new significant
environmental effects and no substantial increase in the severity of previously identified significant
effects. -
C. A public hearing on the proposed Development Agreement was held before the Planning
Commission on April 24, 2007 and May 8, 2007, for which public notice was given as provided by law.
D. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
F. A public hearing on the proposed Development Agreement was held before the City
Council on May 15,2007 and June 5, 2007 for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission who
considered the item at the April 24, 2007 and May 8, 2007 meetings, including the Planning
Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing
and all testimony received at the public hearing.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (d) the 1996
Mitigated Negative Declaration for the Santa Rita Property, (e) the CEQA Addendum (f) the Agenda
Statement, and on the basis of the specific conclusions set forth below, the City Council finds and
determines that:
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1. The Project is consistent with the objectives, policies, general land uses and programs
specified and contained in the City's General Plan and in the Eastern Dublin Specific Plan in that: (a) the
General Plan and Specific Plan land use designations for the Project site are Campus Office with an
allowance for General Commercial land uses pursuant to Planned Development Zoning and the proposed
Project is a project consistent with those land uses; (b) the Project, as conditioned, is consistent with the
fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public
services; (c) the Project is consistent with the Stage 1 and 2 Planned Development Zoning Development
Plan adopted for the Koll Dublin Corporate Center in 1998 by the City Council, as amended for the
Project and approved by the City Council; and (d) the Triad Dublin Gateway L.P. Development
Agreement includes provisions relating to vesting of development rights, and similar provisions set forth
in the Specific Plan.
2. The Triad Dublin Gateway L.P. Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the land use districts in which the real property is located
in that the Project approvals include Planned Development Rezone and amended Stage 1 and 2
Development Plan, Conditional Use Permit and Site Development Review.
3. The Triad Dublin Gateway L.P. Development Agreement is in conformity with public
convenience, general welfare and good land use policies in that the Project will implement land use
guidelines set forth in the Eastern Dublin Specific Plan and the General Plan which have planned for
campus office and general commercial uses at this location.
4. The Triad Dublin Gateway L.P. Development Agreement will not be detrimental to the
health, safety and general welfare in that the Project will proceed in accordance with all the programs and
policies of the Eastern Dublin Specific Plan.
5. The Triad Dublin Gateway L.P. Development Agreement will not adversely affect the
orderly development of property or the preservation of property values in that the Project will be
consistent with the General Plan and with the Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement attached hereto as Exhibit A and
authorizes the Mayor to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
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PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 5th
day of June 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\PA#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documents\CC\CC Ord DA_done.doc
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee waived per GC 27383
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Space above this line for Recorder's use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLI N
AND
TRiAD DUBLIN GATEWAY, L.P.
FOR THE DUBLIN GATEWAY MEDICAL CENTER PROJECT
(HOSPITAL ALTERNATIVE)
Exhibit A
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THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered
in the City of Dublin on this 15th day of May, 2007, by and between the City of
Dublin, a Municipal Corporation (hereafter "City"), and Triad Dublin Gateway,
L.P., a California limited partnership (hereafter "Developer"), pursuant to the
authority of SS 65864 et seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.56.
RECITALS
A. California Government Code SS 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain
development rights in such property; and
B. Developer owns fee title to four separate legal parcels of real
property consisting of approximately 7.139 acres located in the City of Dublin,
County of Alameda, State of California. These four parcels are sometimes
referred to individually herein as Parcel 1, Parcel 2, Parcel 3 and Parcel 4,
respectively. The property subject to this Agreement consists of Parcel 3 and
Parcel 4, the size of which is 3.13 total acres and which is legally described in
Exhibit A attached hereto (the "Property"). Parcel 1, Parcel 2, Parcel 3 and
Parcel 4 are sometimes each individually referred to herein as a "Parcel" and
collectively as the "Parcels"; and
C. On February 28,2005, the City granted a Vesting Tentative Parcel
Map for Tract 8524 for Dublin Gateway Medical Center (Community
Development Director Resolution No. 05-01) and on January 25, 2005, the City
granted a Conditional Use Permit (Planning Commission Resolution No.05-06)
and Site Development Review (Planning Commission Resolution No.05-06) for
the development of the Parcels (these approvals are hereinafter collectively
referred to as the "Original Approvals"). Under these Original Approvals, the
original plan was to develop the Parcels in two phases, with Phase I consisting of
two medical/professional office buildings totaling approximately 120,000 square
feet, and Phase II consisting of a third approximately 58,000 square-foot
medical/professional office building of three stories and a 427-space, 4-level
parking structure. Building 1 on Parcel 1 is approximately 65,295 square feet,
Building 2 on Parcel 2 is approximately 57,786 square feet and Building 3 on
Parcel 3 is approximately 58,000 square feet. Phase I and Phase II of the
project, as configured under the Original Approvals, are depicted on the Site Plan
attached hereto as Exhibit C. The plan proposed by the Original Approvals is
commonly referred to as the "Dublin Gateway Medical Center"; and
D. Developer has completed construction of Phase I contemplated
under the Original Approvals. Developer now desires to provide for an alternate
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Phase II development plan, which will provide the Developer with the flexibility to
develop either the original Phase II plan, as described in Recital C (the "Original
Plan") or the alternate Phase II development plan (the "Alternate Plan"). The
Alternate Plan consists of a six-story, approximately 168,000 square-foot, 100-
bed hospital building and a five-level parking structure, of which one level will be
located below-ground. The Site Plan for the Alternate Plan, which also depicts
Phase I of the Project, is attached hereto as Exhibit D. Developer has applied
for, and City has approved or is processing various land use approvals in
connection with the Alternate Plan, including a Conditional Use Permit (City
Council Resolution No. _), a Site Development Review (City Council
Resolution No._), and an amended Stage 1 and Stage 2 Development Plan
(Planning Commission Resolution No._), (collectively, together with any
approvals or permits now or hereafter issued with respect to the Project, the
"Alternate Approvals"). Any reference in the remainder of this Agreement to the
"Project" or to the "Hospital" shall mean the development contemplated in the
Alternate Plan that was approved by the Alternate Approvals. In addition, any
reference in this Agreement to the Project shall mean and include the Property,
and any reference in this Agreement to the Property shall mean and include the
Project; and
E. City desires the timely, efficient, orderly and proper development of
the Project; and
F. The Property is located within the Eastern Dublin Specific Plan and
General Plan Amendment area. The Eastern Dublin Specific Plan requires
Developer to enter into this development agreement for the development of the
Project contemplated in the Alternate Approvals, and City has agreed to extend
the term of the Agreement beyond the standard five-year term that the City offers
for development agreements required by the Eastern Dublin Specific Plan in
exchange for the Developer's making a community benefit payment to the City,
as set forth in Exhibit B. A previous development agreement satisfies the
Eastern Dublin Specific Plan's development agreement requirement as to the
Original Approvals. The City Council has found that, among other things, this
Agreement, which applies to the Alternate Approvals, is consistent with the
General Plan and the Eastern Dublin Specific Plan, and has been reviewed and
evaluated in accordance with Chapter 8.56; and
G. The Project is located in the Dublin General Plan Eastern Extended
Planning Area and the Eastern Dublin Specific Plan area, for which a Program
EIR was certified pursuant to the California Environmental Quality Act (CEQA)
(SCH No. 91-103064, Resolution 53-93); the City also approved a Mitigated
Negative Declaration (SCH No. 1996082092) for the Santa Rita Specific Plan
Amendment, of which the Project is a part (collectively, "CEQA Compliance
Documentation"). The City prepared an Initial Study for the Project to determine
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whether supplemental environmental impacts would occur as a result of the
project beyond or different from those already addressed in the CEQA
Compliance Documentation, and concluded that it did not. Thus, an Addendum
has been prepared in accordance with CEQA Guidelines Sections 15162 and
15164 (City Council Resolution No._).
H. City and Developer have reached agreement, and desire to
express herein a development agreement that will facilitate development of the
Alternate Plan subject to conditions set forth herein; and
I. On ,2007, the City Council of the City of Dublin adopted
Ordinance No. _ -_approving this Agreement. The Ordinance took effect on
, 2007 ("the Approval Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants contained
herein, City and Developer agree as follows:
AGREEMENT
1. Description of Property.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns or holds a right to purchase the Property.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer, and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them. Nothing contained herein or
in any document executed in connection herewith shall be construed as making
the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1. Effective Date. The effective date of this Agreement shall be the
date ("the Effective Date") upon which this Agreement is signed by the City.
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4.2. Term. The "Term" of this Agreement shall commence on the
Effective Date and extend ten (10) years thereafter, unless said Term is
otherwise terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
5.1. Rioht to Develop. Developer shall have the vested right to develop
and use the Project on the Property in accordance with the terms and conditions
of this Agreement, the Alternate Approvals (as and when issued), and any
amendments to any of them as shall, from time to time, be approved pursuant to
this Agreement.
5.2. Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Alternate Approvals
and any amendments to this Agreement or the Alternate Approvals.
5.3. Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3.1. Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
to be obtained from other regulatory agencies.) Currently, no future
discretionary approvals (beyond the Alternate Approvals) are needed from
City to develop the Project.
None
5.3.2. Mitioation Conditions. Additional or modified conditions
agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3. Phasino, Timino. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
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See Exhibit B
5.3.4. FinancinQ Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5. Fees. Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6. Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exh i bit B
5.3.7. Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules. Requlations and Official Policies.
6.1. Rules re Permitted Uses. For the Term of this Agreement, the
City's ordinances, resolutions, rules, regulations and official policies governing
the permitted uses of the Property, governing density and intensity of use of the
Property and the maximum height, bulk and size of proposed buildings shall be
those in force and effect on the effective date of this Agreement.
6.2. Rules re Desiqn and Construction. Unless otherwise expressly
provided in paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official policies governing design, improvement and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of the applicable discretionary approval, whether the date of
that approval is prior to or after the effective date of this Agreement. Currently,
no future discretionary approvals (beyond the Alternate Approvals) are needed
from City to develop the Project. Ordinances, resolutions, rules, regulations and
official policies governing design, improvement and construction standards and
specifications applicable to public improvements to be constructed by Developer
shall be those in force and effect at the time of the applicable discretionary
approval, whether that date of approval is prior to or after the date of this
Agreement.
6.3. Uniform Codes Applicable. Unless expressly provided in
paragraph 5 of this Agreement, the Project shall be constructed in accordance
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with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subsequently Enacted Rules and ReQulations.
7.1. New Rules and ReQulations. During the Term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the effective date of this Agreement and which are not in conflict with those
applicable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
policies would not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Alternate Approvals, and (b) if such ordinances, resolutions, rules, regulations or
official policies have general applicability.
7.2. Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions, rules, regulations and policies except that such subsequent actions
shall be subject to any conditions, terms, restrictions, and requirements expressly
set forth herein.
7.3. Moratorium Not Aoolicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
such ordinance, resolution or other measure shall not apply to the Project, the
Property, this Agreement or the Alternate Approvals, unless the building
moratorium is imposed as part of a declaration of a local emergency or state of
emergency as defined in Government Code S 8558.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1. Fees, Exactions. Dedications. City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Eastern Dublin
Specific Plan shall be those set forth in the Alternate Approvals and in this
Agreement (including Exhibit B). The City shall not impose or require payment of
any other fees, dedications of land, or construction of any public improvement or
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facilities, shall not increase or accelerate existing fees, dedications of land or
construction of public improvements, or impose other exactions in connection
with the Alternate Approvals or any subsequent discretionary approval for the
Property, except as set forth in the Alternate Approvals and this Agreement
(including Exhibit B, subparagraph 5.3.5).
8.2. Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the Term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective only; and (3) the
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development in accordance with this Agreement.
Developer has no vested right against such revised application, processing and
inspection fees, but Developer does not waive its right to challenge the legality of
any such application, processing and/or inspection fees under the controlling law
then in place.
8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent, impose a
substantial financial burden on, or materially delay development in accordance
with this Agreement. Developer has no vested right against such new taxes, but
Developer does not waive its right to challenge the legality of any such taxes
under the controlling law then in place.
8.4. Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5. Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and Developer does not return its ballot, City may, only
after providing reasonable notice to Developer (30 days minimum) of the
assessment, fee or charge, count Developer's ballot as affirmatively voting in
favor of such assessment, fee or charge.
9. Amendment or Cancellation.
9.1. Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the effective date of
this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the
City, the parties shall meet and confer in good faith in a reasonable attempt to
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modify this Agreement to comply with such federal or state law or regulation.
Any such amendment or suspension of the Agreement shall be approved by the
City Council in accordance with Chapter 8.56.
9.2. Amendment by Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of state law and Chapter 8.56.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding subparagraph 9.2, any amendments to this Agreement which do not
relate to (a) the Term of the Agreement as provided in subparagraph 4.2; (b) the
permitted uses of the Property as provided in subparagraph 5.2; (c) provisions for
"significant" reservation or dedication of land as provided in Exhibit B; (d)
conditions, terms, restrictions or requirements for subsequent discretionary
actions; (e) the density or intensity of use of the Project; (f) the maximum height
or size of proposed buildings; or (g) monetary contributions by Developer as
provided in this Agreement, shall not, except to the extent otherwise required by
law, require notice or public hearing before either the Planning Commission or
the City Council before the parties may execute an amendment hereto. City's
Public Works Director shall determine whether a reservation or dedication is
"significant" .
9.4. Cancellation by Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to subparagraph 5.3 and
Exhibit B of this Agreement prior to the date of cancellation shall be retained by
City.
10. Term of Alternate Approvals. .
Notwithstanding Dublin Municipal Code section 8.96.020.D, the term of all
of the Alternate Approvals shall be extended to and until the end of the Term of
this Agreement.
11. Annual Review.
11.1. Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2008 and each July 15 to August 15 thereafter.
11.2. Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
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undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
11.3. Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits concerning
contract performance at least five (5) days prior to any annual review.
11.4. Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
12. Default.
12.1. Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in City's regulations governing
development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2. Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3. No Damaqes Aqainst City. In no event shall damages be awarded
against City upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Either party may, at any time, and from time to time, request written notice
from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
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obligations under this Agreement, or if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonably be agreed to by the parties.
City Manager of City shall be authorized to execute any certificate requested by
Developer. Should the party receiving the request not execute and return such
certificate within the applicable period, this shall not be deemed to be a default,
provided that such party shall be deemed to have certified that the statements in
clauses (a) through (c) of this paragraph are true, and any party may rely on such
deemed certification.
14. Mortqaqee Protection: Certain Riqhts of Cure.
14.1. Mortqaqee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
14.2. Mortqaqee Not Obliqated. Notwithstanding the provisions of
subparagraph 14.1 above, no Mortgagee shall have any obligation or duty under
this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Alternate
Approvals or by this Agreement.
14.3. Notice of Default to Mortqaqee and Extension of Riqht to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Developer with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-day cure period
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provided in subparagraph 12.2 for not more than an additional sixty (60) days
upon request of Developer or a Mortgagee.
15. 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.
16. Attorneys' Fees and Costs.
If 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 or the Alternate Approvals, 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 City for
all reasonable court costs and attorneys' fees expended by City in defense of any
such action or other proceeding.
17. Transfers and Assiqnments.
17.1 Developer's Riqht to Assiqn. All of Developer's rights,
interests and obligations hereunder may be transferred, sold or assigned in
conjunction with the transfer, sale, or assignment of the Property subject hereto,
or any portion thereof, at any time during the Term of this Agreement, provided
that no transfer, sale or assignment of Developer's rights, interests and
obligations hereunder shall occur without the prior written notice to City and
approval by the City Manager of City, which approval shall not be unreasonably
withheld or delayed. The City Manager shall consider and decide the matter
within ten (10) working days after Developer's notice is given to City and receipt
by City Manager of all necessary documents, certifications and other information
required by City Manager to decide the matter. In considering the request, the
City Manager shall base the decision upon the proposed assignee's reputation,
experience, financial resources and access to credit and capability to
successfully carry out the development of the Property to completion. The City
Manager's approval shall be for the purposes of: (a) providing notice to City; (b)
assuring that all obligations of Developer are fully allocated as between
Developer and the proposed purchaser, transferee or assignee; and (c) assuring
City that the proposed purchaser, transferee or assignee is capable of performing
Developer's obligations hereunder not withheld by Developer pursuant to
Paragraph 17.3. Notwithstanding the foregoing, provided notice is given as
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specified in Paragraph 23, no City approval shall be required for any transfer,
sale, or assignment of this Agreement to: (1) any entity which either (i) is an
affiliate or subsidiary of Developer or (ii) results from the merger of Developer or
its parent or is the purchaser of all, or substantially all, of the assets of Developer
or its parent; (2) any Mortgagee; or (3) any transferee of a Mortgagee.
17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of Developer's rights, interests and obligations hereunder
pursuant to Paragraph 17.1 of this Agreement, Developer shall be released from
the obligations under this Agreement, with respect to the Property transferred,
sold, or assigned, arising subsequent to the date of City Manager approval of
such transfer, sale, or assignment; provided, however, that if any transferee,
purchaser, or assignee approved by the City Manager expressly assumes all of
the rights, interests and obligations of Developer under this Agreement,
Developer shall be released with respect to all such rights, interests and
assumed obligations. In any event, the transferee, purchaser, or assignee shall
be subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval.
17.3 Developer's Riqht to Retain Specified Riqhts or
Obliqations. Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18,
Developer may withhold from a sale, transfer or assignment of this Agreement
certain rights, interests and/or obligations which Developer shall retain, provided
that Developer specifies such rights, interests and/or obligations in a written
document to be appended to this Agreement and recorded with the Alameda
County Recorder prior to the sale, transfer or assignment of the Property.
Developer's purchaser, transferee or assignee shall then have no interest or
obligations for such rights, interests and obligations and this Agreement shall
remain applicable to Developer with respect to such retained rights, interests
and/or obligations.
18. Aqreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement shall be binding upon the parties and their respective heirs,
successors and assignees, representatives, lessees, and all other persons
acquiring the Property, or any portion thereof, or any interest therein, whether by
operation of law or in any manner whatsoever. All of the provisions of this
Agreement shall be enforceable as equitable servitudes and shall constitute
covenants running with the land pursuant to applicable laws, including, but not
limited to, Section 1468 of the Civil Code of the State of California. Each
covenant to do, or refrain from doing, some act on the Property hereunder, or
with respect to any owned property, (a) is for the benefit of such properties and is
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a burden upon such properties, (b) runs with such properties, and (c) is binding
upon each party and each successive owner during its ownership of such
properties or any portion thereof, and shall be a benefit to and a burden upon
each party and its property hereunder and each other person succeeding to an
interest in such properties. Developer may assign its benefits and burdens under
this Agreement, subject to the provisions set forth above in paragraph 16 of this
Agreement.
19. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
Developer agrees to indemnify, defend and hold harmless City, and its elected
and appointed councils, boards, commissions, officers, agents, employees, and
representatives from any and all claims, costs (including legal fees and costs)
and liability for any personal injury or property damage which may arise directly
or indirectly as a result of any actions or inactions by the Developer, or any
actions or inactions of Developer's contractors, subcontractors, agents, or
employees in connection with the construction, improvement, operation, or
maintenance of the Project, provided that Developer shall have no
indemnification obligation with respect to negligence or wrongful conduct of City,
its contractors, subcontractors, agents or employees or with respect to the
maintenance, use or condition of any improvement after the time it has been
dedicated to and accepted by the City or another public entity (except as
provided in an improvement agreement or maintenance bond). If City is named
as a party to any legal action, City shall cooperate with Developer, shall appear
in such action and shall not unreasonably withhold approval of a settlement
otherwise acceptable to Developer.
21. Insurance.
21.1. Public Liability and Property DamaQe Insurance. During
construction of the Project, Developer shall maintain in effect a policy of
comprehensive general liability insurance with a per-occurrence combined single
limit of not less than One Million Dollars ($1,000,000.00). The policy so
maintained by Developer shall name the City as an additional insured and shall
include either a severability of interest clause or cross-liability endorsement.
21.2. Workers Compensation Insurance. During construction, Developer
shall maintain Worker's Compensation insurance for all persons employed by
Developer for work at the Project site. Developer shall require each contractor
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and subcontractor similarly to provide Worker's Compensation insurance for its
respective employees. Developer shall indemnify the City for any damage
resulting from Developer's failure to maintain any such insurance.
21.3. Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in subparagraphs 20.1 and 20.2 and evidence that the carrier is required
to give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of City.
23. Notices.
23.1. All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Joseph D. Carroll
Triad Partners, Inc.
8001 Irvine Center Drive, Suite 1000
Irvine, CA 92618
FAX No. (949) 679-4242
A party may change address by giving notice in writing to the other party
and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
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following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
25. Aqreement is Entire Understandinq.
This Agreement constitutes the entire understanding and agreement of the
parties.
26. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A
Legal Description of Property
Exhibit B
Additional Conditions
Exhibit C
Site Plan of Phase I and II Under the Original Approvals
Exhibit D
Site Plan of Phase I and II Under the Alternate Approvals
27. Counterparts.
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original.
28. Recordation.
City shall record a copy of this Agreement within ten days following
execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
By:
Date:
Dublin/Triad Dublin Gateway, L.P. Development Agreement
for the Dublin Gateway Medical Center Project
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Janet Lockhart, Mayor
ATTEST:
By: Date:
Fawn Holman, City Clerk
APPROVED AS TO FORM:
Elizabeth H. Silver, City Attorney
TRIAD DUBLIN GATEWAY, L.P.,
a California limited partnership
By: Triad Partners, Inc., a California corporation,
General Partner
By:
Joseph D. Carroll, President
By:
Richard T. Needham, Senior Vice President
(NOTARIZATION ATTACHED)
Dublin/Triad Dublin Gateway, L.P. Development Agreement
for the Dublin Gateway Medical Center Project
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Exhibit A
Legal Description of the Property
Parcels 3 and 4, as shown on Parcel Map 8524, filed November 23, 2005, in
book 286 of Parcel Maps, pages 38-41 in the Office of the Recorder of Alameda
County. Assessor Parcel Numbers 986-0016-021 and 986-0016-022,
respectively.
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT A
I '-l1 tfbl t,
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EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
paragraph 5.3 of this Agreement.
Subparaaraph 5.3.1 -- SubseQuent Discretionary Approvals
None.
Subparaaraph 5.3.2 -- Mitiaation Conditions
Subsection a.
Infrastructure SeQuencina Proaram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. 07-_ of the City Council of the City of
Dublin approving Site Development Review (hereafter "SDR Resolution") shall be
completed by Developer to the satisfaction of the Public Works Director at the
times and in the manner specified in the SDR Resolution unless otherwise
provided below. All such roadway improvements shall be constructed to the
satisfaction and requirements of City's Public Works Director.
(ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the SDR
Resolution.
(iv) Storm Drainaae.
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT B
) '-tq Db \t ~
(A) The storm drainage systems off-site, as well as on-
site drainage systems for the areas to be occupied, shall be improved consistent
with the Drainage Plan and conditions of approval and to the satisfaction and
requirements of the Dublin Public Works Department applying City's and Zone 7
(Alameda County Flood Control and Water Conservation District, Zone 7)
standards and policies which are in force and effect at the time of issuance of the
permit for the proposed improvements. Pursuant to Alameda County's National
Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the
California Regional Water Quality Control Board, all grading, construction, and
development activities within the City of Dublin must comply with the provisions
of the Clean Water Act. Proper erosion control measures must be installed at
development sites within the City during construction, and all activities shall
adhere to Best Management Practices.
(v) Other Utilities (e.a. aas. electricity, cable televisions.
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
Subsection b.
Miscellaneous
(i) Completion May Be Deferred.
Notwithstanding the foregoing, City's Public Works Director may, in
his or her sole discretion and upon receipt of documentation in a form
satisfactory to the Public Works Director that assures completion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
Subparaaraph 5.3.3 -- Phasina. Timina
This Agreement contains no requirements that Developer must initiate or
complete development of the Project within any period of time set by City. It is
the intention of this provision that Developer be able to develop the Property in
accordance with its own time schedules and the Alternate Approvals.
Subparaaraph 5.3.4 -- Financina Plan
Developer will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in subparagraph 5.3.6 below).
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT B
\57) Db It-t
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in subparagraph 5.3.2(a)(ii) and (iii) above.
Subparaaraph 5.3.5 -- Fees, Dedications
Subsection a.
Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 111-04, including any future amendments to such
fee. Developer will pay such fees, in cash or credits: 1) no later than the time of
issuance of grading/sitework permits for the hospital building and in the amount
of the impact fee in effect at time of grading/sitework permit for the hospital
building; and 2) no later than the time of issuance of building permits for the
parking structure and in the amount of the impact fee in effect at time of building
permit issuance for the parking structure.
Developer further agrees that it will pay eleven percent (11 %) of the
"Section 1/Category 1" portion of the TI F in cash.
Developer also agrees that it will pay twenty-five percent (25%) of the
"Section 2/Category 2" portion of the TIF in cash. If City amends its TIF fee and
as a result the City's outstanding balance due on loans is less than 25% of total
Section 2/Category 2 improvements, the Developer shall pay such reduced
percentage of the "Section 2/Category 2" portion of the TIF in cash.
Subsection b.
Traffic Impact Fee to Reimburse Pleasanton for
Freewav Interchanaes.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98
and by any subsequent resolution which revises such Fee. Developer will pay
such fee: 1) no later than the time of issuance of grading/sitework permits for the
hospital building and in the amount of the impact fee in effect at time of
grading/sitework permit for the hospital building; and 2) no later than the time of
issuance of building permits for the parking structure and in the amount of the
impact fee in effect at time of building permit issuance for the parking structure.
Subsection c.
Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any future amendments to such fee. Developer
will pay such fees: 1) no later than the time of issuance of grading/sitework
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT B
151~ l$~
permits for the hospital building and in the amount of the fee in effect at time of
grading/sitework permit for the hospital building; and 2) no later than the time of
issuance of building permits for the parking structure and in the amount of the fee
in effect at time of building permit issuance for the parking structure.
Subsection d.
Noise Mitiaation Fee.
Developer shall pay a Noise Mitigation Fee established by City of Dublin
Resolution No. 33-96, including any future amendments to such fee. Developer
will pay such fees: 1) no later than the time of issuance of grading/sitework
permits for the hospital building and in the amount of the fee in effect at time of
grading/sitework permit for the hospital building; and 2) no later than the time of
issuance of building permits for the parking structure and in the amount of the fee
in effect at time of building permit issuance for the parking structure.
Subsection e.
School Impact Fees.
School impact fees shall be paid by Developer in accordance with
Government Code section 53080 and the agreement between Developer's
predecessor in interest and the Dublin Unified School District regarding payment
of mitigation fees.
Subsection f.
Fire Impact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees: 1) no later than the time of issuance of grading/sitework
permits for the hospital building and in the amount of the impact fee in effect at
time of grading/sitework permit for the hospital building; and 2) no later than the
time of issuance of building permits for the parking structure and in the amount of
the impact fee in effect at time of building permit issuance for the parking
structure.
Subsection g.
Tri-Valley Transportation Development Fee.
Developer shall pay the Tri-Valley Transportation Development Fee in the
amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. Developer will pay such fees: 1)
no later than the time of issuance of grading/sitework permits for the hospital
building and in the amount of the fee in effect at time of grading/sitework permit
for the hospital building; and 2) no later than the time of issuance of building
permits for the parking structure and in the amount of the fee in effect at time of
building permit issuance for the parking structure.
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT B
ISl'b l~t
Subparaaraph 5.3.6 -- Credit
Subsection a.
Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements described
in the resolution establishing the Eastern Dublin Traffic Impact Fee if such
improvements are constructed by the Developer in their ultimate location. All
aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines")).
Subsection b.
Traffic Impact Fee Riaht-of-Way Dedications --
Credit
City shall provide a credit to Developer for any TIF area right-of-way to be
dedicated by Developer to City which is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee.
All aspects of the credits shall be governed by the TIF Guidelines.
Subparaaraph 5.3.7 - Miscellaneous
Subsection a.
Community Benefit Payment.
Developer, as a means of ensuring compliance with Section 10.4 and
Policy 10-1 of the Eastern Dublin Specific Plan, has offered to pay to City a
community benefit payment in the amount of two million ninety-three thousand
eight-hundred and seventy-two dollars ($2,093,872.00) (the "Community Benefit
Payment"). The EIR prepared for the Eastern Dublin EIR assumed that project-
generated revenues, including property tax revenues, would be sufficient to pay
for city services necessary to serve new development and determined that no
mitigations were necessary. The Community Benefit Payment is designed to
mitigate the potential impact of the loss of property tax that may result if the
owner or operator of the Hospital were to apply for a property tax exemption and
the Hospital were to be taken off the property tax rolls. Therefore, in addition to
any other fees and payments due and payable, Developer hereby agrees to, at
the time of the issuance of a grading permit to facilitate the construction of the
Hospital under the Alternate Plan, make the Community Benefit Payment, which
shall be non-refundable. If Developer fails to make the Community Benefit
Payment as set forth in this subsection, then Developer agrees that the City may
withhold the issuance of such grading permit. Notwithstanding the foregoing,
Developer shall not be required to make the Community Benefit Payment at the
time of the issuance of a grading permit to facilitate the construction of the
Hospital under the Alternate Plan, if Developer provides evidence satisfactory to
the City Manager that the owner of the Property, when the Hospital commences
operation, will not be eligible for a welfare exemption under Revenue and
Taxation Code section 214. However, if during the Term of this Agreement the
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT B
\?~ 'b lf1i
Property becomes exempt from taxation under Revenue and Taxation Code
section 214, then Developer shall be obligated to make the Community Benefit
Payment. Developer, on behalf of itself and its approved successors and
assigns, acknowledges that failure to pay the Community Benefit Payment as
required by this subsection shall constitute grounds for revocation of the Hospital
Conditional Use Permit referenced in Recital D.
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT B
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EXHIBIT C
Site Plan of Phase I and II Under the Original Approvals
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For the Dublin Gateway Medical Center Project-EXHIBIT C
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Site Plan of Phase I and Phase II Under the Alternate Approvals
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Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT D
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Amended by Resolution 04-55 by the Planning Commission on August 24. 2004 (P A 03-064)
Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046)
Amended by Ordinance by the City Council on . 2007 (P A 06-026)
EXHIBIT A
DEVELOPMENT PLAN
General Provisions
This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for
the Koll Corporate Center project, located on the south side of Dublin Boulevard, east of
Tassajara Creek, West of Tassajara Road, and north of Interstate 580 (APN 986-0001-001-
10, portion). This Development Plan meets all of the requirements for Stage 1 and Stage 2
review of the project.
This Development Plan is also represented by the Tentative Map and Site Development Review
plans, the Landscape Plans, other plans, exhibits, and vmtten statements contained in the
document dated recei'/ed October 30, 1998, labeled Exhibit fo. 1 to the Resolution approving this
Deyelopment Plan (City Council Rcsotution .\'0. 98 ), and on file in the Planning Department.
The Planned De'/elopment District allows the flexibility needed to encourage innovative
de'/elopment v/hile ensuring that the goals, policies and action programs of the General Plan,
Eastern Doolin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinanee are
satisfied.
This Development Plan was subsequently amended by Plannim! Commission Resolution
04-55 for the Ulferts Center project on Aug:ust 24. 2004. The amendments included the
removal of the hotel desig:nation on Lots 1 and 2 and allowed for the development of retail
commercial uses on the entire property.
This Development Plan was subsequently amended for the Dublin Gateway Medical Center
project on January 25. 2005. The amendment allowed for massag:e establishments in
conjunction with physical therapy to be a permitted use. rather than conditional use.
consistent with the reg:ulations set forth in the Dublin Zoning: Ordinance.
This Development Plan was subsequently amended for the Dublin Gateway Medical Center
Building: 3 Hospital and Garag:e project on rINSERT DATE1. 2007. The amendments
allowed for am alternative development project on a portion of Lot 7 of Map 7064
otherwise known as Lots 3 & 4 of Map 8524: an increase in square footag:e on Lot 7 of Map
7064: revisions to the site plan and landscape plan: and. revisions to the development
reg:ulations.
This Development Plan is also represented by the following:
. Tentative Map 7064 and Site Development Review plans, Landscape plans, and other
plans, exhibits, and written statements contained in the document dated received October
30, 1998, labeled Exhibit A-I to the Ordinance approving this Development Plan (City
lof8
Attachment 5
'51Jb'~~
Amended by Resolution 04-55 by the Planning Commission on August 24. 2004 (P A 03-064)
Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046)
Amended by Ordinance by the City Council on . 2007 (P A 06-026)
Council Ordinance No. 22-98), on file in the Planning Division.
. Site Development Review plans, Landscape plans, and other plans, exhibits and written
statements relating to the proiect approved as part of Planning Commission Resolution
04-55 for the Ulferts Center (P A 03-064), on file in the Planning Division.
. Tentative Map 8524 and Site Development Review plans, Landscape plans, and other
plans, exhibits and written statements relating to the proiect approved as part of Planning
Commission Resolution 05-06 for the Dublin Gateway Medical Center (P A 04-046), on
file in the Planning Division.
. Site Development Review plans, Landscape plans, and other plans, exhibits and written
statements relating to the proiect approved as part of Ordinance rINSERT ORDINANCE
NO.1 for the Dublin Gateway Medical Center Building 3 Hospital and Garage (PA 06-
026), on file in the Planning Division.
This Planned Development Zoning District, as amended, allows the flexibility needed to
encourage innovative development while ensuring that the goals, volicies, and action programs
of the General Plan, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning
Ordinance are satisfied.
1. Permitted Uses. The following uses are permitted for this "PD / C-2 / C-O" (planned
Development/General Commercial/Campus Office) Zoning District site.':
a) Banks & Financial Services;
b) Contractor's Office;
c) Copying & Blueprinting;
d) Eating & Drinking Establishments;
e) Health Services/Clinics;
f) Laboratory;
g) Professional! Administrative Offices;
h) Parking Lot/Garage - Commercial;
i) Retail- General;
j) Retail- Neighborhood;
k) Retail- Service;
I) Day Care of 14 or fewer children;
m) School- trade school, college, university;
n) Similar and related uses as determined by the Director of Community
Development; and,
0) Massage Establishments, in coni unction with physical therapy.
Amended bv PC Reso. 05-06 (01/25/05)
*See "**NOTE" on PaJ!e 5 reJ!ardinJ! uses on Lot 3 of Map 8524.
2of8
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2. Conditional Uses.~
a) AutomobileN ehicle Brokerage, Rental;
b) Building Materials Sales;
c) Mini-Storage;
d) Storage of petroleum products for on-site use;
e) Warehousing and distribution;
f) Community Facility;
g) Massage Establishments, in conjunction with a gymnasiumlhealth club, physical
therapy;
Amended bv PC Reso. 05-06 (01/25/05)
h) Day Care Center - 15+ children;
i) Outdoor Mobile Vendor;
j) Outdoor Seating;
k) Temporary Outdoor Sale not related to on-site established business (sidewalk
sale);
I) Caretaker Residence;
m) HospitallMedical Center;
n) Animal Sales and Services;
0) Auction Yard;
p) AutomobileN ehicle Sales and Service;
q) Bed and Breakfast inn;
r) Car Wash/Detailing;
s) Community Care Facility - Large;
t) Dance Floor;
u) Drive-in/Drive-through business;
v) HotellMotel;
w) Plant Nursery;
x) Recreational Facility/Indoor;
y) Recreational Facility/Outdoor;
z) Retail- outdoor storage;
aa) Service Station;
bb) Shopping Center; and,
cc) Similar and related uses as determined by the Director of Community
Development.
*See "**NOTE" on PaJ!e 5 reJ!ardinJ! uses on Lot 3 of MaD 8524.
3. Dublin Zoning Ordinance, Applicable Requirements. Except as specifically modified
by the provisions of this PD District Rezone/Development Plan, all applicable general
requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land
3of8
~~t
uses designated in this PD District Rezone.
4. Site Plan & Architecture. See attached site and eleyation plans contained in Exhibit }..
1, Deyelopment Plan. This Deyelopment Plan applies to the approximately 37 aer6 site
sho':m on this plan on the south side of Dublin Boulevard, west side of Tassajara Road.
This Development Plan applies to the approximately 37-acre site generally located south
of Dublin Boulevard. north of Interstate 580. west of Tassaiara Road and east of John
Monego Court. Any modifications to the project, or development on the future
hotel/retail site (Phase 3), shall be substantially consistent with these plans and of equal
or superior materials and design quality. Development on the future hotel/retail site
(Phase 3) requires approval of Site Development Review by the City of Dublin. The
development of the future hotel/retail site (Phase 3) was modified bv PlanninJ!
Commission Resolution 04-55 for the Ulferts Center.
The following site plans and elevations are hereby incorporated by reference:
Amended bv Ord. {INSERT ORDINANCE NO.1 (INSERT DATE)
. Ordinance 22-98 for the Koll Dublin Corporate Center. Exhibit A-I (PA 98-047).
. Planning Commission Resolution 04-55 for the Ulferts Center (P A 03-064).
. Planning Commission Resolution 05-06 for the Dublin Gateway Medical Center
(PA 04-046).
. Ordinance rINSERT ORDINANCE NO.1 and Planning Commission Resolution
[INSERT RESOLUTION NO.] for the Dublin Gateway Medical Center Building
3 Hospital and Garage (P A 06-026).
5. Density. The maximum square footage of the proposed development for the parcels
covered under this Development Plan (as shown on the applicable site plan~) is as
follows:
Lot 1, Traet 7064 (Future retail site): 1.6 acres
7,000 square feet building area*
Lot 1 & 3. Tract 7064 (Retail site): 1.6 acres & 2.6 acres. respectively
50530 square feet building area*
Amended bv PC Reso. 04-55 (AuJ!ust 24.2004)
Lot 2, Tract 7064 (Future Retail site): 1.6 acres
7,000 square feet building area*
Lot 3, Tract 7064 (Future hotel site): 2.6 acres
85,000 square feet building area*
Lot 4, Tract 7064 (4-story office building):
5.53 acres
139,285 square feet building area
40f8
{(oOOb lt~
Amended by Resolution 04-55 by the Planning Commission on August 24, 2004 (P A 03-064)
Amended by Resolution 05-06 by the Planning Commission on January 25, 2005 (P A 04-046)
Amended by Ordinance by the City Council on , 2007 (P A 06-026)
Lot 5, Tract 7064 (4-story office building):
6.67 acres
139,285 square feet building area
Lot 6, Tract 7064 (4-story office building):
6.42 acres
139,285 square feet building area
Lot 7, Tract 7064, (6 story office building):
7.11 acres
178,849 square feet building area
Lot 7 of Tract 7064 has been further divided as follows:
Amended hv CDD Reso. 05-01 (Fehruarv 28. 2005)
Amended hv PC Reso. 05-06 (Januarv 25. 2005)
Amended hv Ord. [lNSERT ORD. NO. AND DATEl
Lot 1. Map 8524 (3-story office building)
3.000 acres
62.300 square feet building area
Lot 2. Map 8524 C3-story office building)
1. 009 acres
57.700 square feet building area
Lot 3. Map 8524 (3-story office building) 1.545 acres
58.000 square feet building area OR 168.000 square feet building area**
Lot 4. Map 8524
1.585 acres
4-level parking garage OR 5-level parking garage**
Total Building Area: 178.000 square feet OR 292.000 square feet**
Lot 8, (Park & Ride facility):
1. 74 acres
No building area (parking only)
*NOTE: Densities for Lots 1, 2, and 3 may be combined and re-allocated among
these three lots in any manner within this portion of the project site, but must be
used for General Commercial/Retail uses and a hotel, unless an amendment to this
Planned Development is approved. An amendment to the Planned Development was
approved hv Planninf! Commission Resolution 04-55 on AUf!ust 24. 2004. This
amendment removed the hotel desif!nation from Lots 1 and 3 and allowed for the
development of retail commercial uses instead.
**NOTE: This Development Plan allows for the development of either: 1) a 3-story.
58.000 square foot medical office building on Lot 3 of Map 8524 and 4-level above
ground parking garage on Lot 4 of Map 8524 OR 2) a 6-story. 168.000 square foot. 100-
bed hospital on Lot 3 of Map 8524 and 5-level parking garage on Lot 4 of Map 8524 with
50f8
\~l~ li'i
Amended by Resolution 04-55 by the Planning Commission on August 24,2004 (PA 03-064)
Amended by Resolution 05-06 by the Planning Commission on January 25,2005 (PA 04-046)
Amended by Ordinance by the City Council on , 2007 (P A 06-026)
one level below ground and 4-levels above ground. At no time shall the 6-story hospital
building on Lot 3 of Map 8524 be utilized for any other use than a hospital without an
amendment to this Development Plan.
6. Phasing Plan. The Corporate Center will be developed in three phases. The First phase
will include the three, four-story office buildings, Park & Ride lot, perimeter landscaping,
on-site entrance roads, and associated site work. The Second phase will be the signature,
six-story office building at the corner of Dublin Boulevard and Tassajara Road (Amended
bv Planninl! Commission Resolution 05-06 on Januarv 25. 2005). The Third phase will
include the Hotel/Retail parcel, which will likely be sold to a separate hotel developer
(Amended bv Planninl! Commission Resolution 04-55 on AU1!Ust 24. 2004). Third
phase uses could be constructed after the first phase when a critical mass of on-site
customer support is created. Any hotel/retail uses proposed for the vacant parcel (Lots 1,
2, and 3) must be consistent with the standards established by this Development Plan, and
will require approval of a Site Development Review by the City of Dublin Planning
Commission (Amended bv Planninl! Commission Resolution 04-55 on AUl!ust 24.
2004).
7.
Landscaping Plan.
De'/elopment Plan.
reference:
Refer to attached landscaping plans included in Exhibit .Ai.. 1,
The' following landscaping plans are hereby incorporated by
. Ordinance 22-98 for the Koll Dublin Corporate Center. Exhibit A-I (P A 98-047).
. Pinewave Design and Engineering. 3 sheets. dated received by the Planning
Division on August 17. 2004 for the Ulferts Center CPA 03-064). Amended bv
PC Reso. 04-55 (Aul!ust 24.2004)
. Ware Malcomb. 3 sheets. dated received by the Planning Division on January 11.
2005 for the Dublin Gateway Medical Center CPA 04-046). Amended bv PC
Reso. 05-06 (01/25/05)
. Ware Malcomb and Ridge Landscape Architects. dated received by the Planning
Division on February 26. 2007 for the Dublin Gateway Medical Center Building
3 Hospital and Garage CPA 06-026). Amended bv Ord. (Date)
8. Development Standards. Refer to attached Dovelopment Rogulations included in
Exhibit A 1, De'lelopment Plan. The development regulations for the prolect are hereby
incorporated by reference:
. Ordinance 22-98 for the Koll Dublin Corporate Center. Exhibit A-I CPA 98-047).
60f8
l to 2.ot> \~ tg
Amended by Resolution 04-55 by the Planning Commission on August 24.2004 (PA 03-064)
Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046)
Amended by Ordinance by the City Council on . 2007 (P A 06-026)
. Pinewave Design and Engineering dated received by the Planning Division on
August 17, 2004 for the Ulferts Center (P A 03-064). Amended hv PC Reso. 04-
55 (Auf!ust 24, 2004)
. Ware Malcomb, dated received by the Planning Division on January 1 L 2005 for
the Dublin Gateway Medical Center (P A 04-046). Amended hv PC Reso. 05-06
(01/25/05)
. Ware Malcomb, dated received by the Planning Division on February 26, 2007
for the Dublin Gateway Medical Center Building 3 Hospital and Garage (P A 06-
026). Amended hv Ord. - (Date)
The development of Lots 3 and 4 of Parcel Map 8524 (formerly a portion of Lot 7 of
Tract Map 7064) shall be permitted to have:
. A 3-story, 58,000 square foot medical office building (Lot 3) and 4-level above
ground parking garage (Lot 4) approved as part of Planning Commission
Resolution 05-06. OR
. A 6-storv. 168,000 square foot. 100-bed hospital building (Lot 3) and 5-level
parking garage (Lot 4) with one level below ground and 4 levels above ground
approved as part of Ordinance - and Planning Commission Resolution - .
The 5-level parking garage approved in coni unction with the 6-story hospital building
may also be constructed with the 3-story medical office building so long as one level of
parking remains underground and only 4-levels of parking above ground.
NOTE: Any increase in the maximum square footage on Lot 3 of Map 8524. including
the addition of a basement for equipment or any other use, shall require an amendment to
this Development Plan and shall be subiect to review by the Planning Commission with a
recommendation to City Council.
9. General Provisions.
A) The project applicant/developer shall enter into a Development Agreement with the
City of Dublin prior to Final Map approval, which shall contain, but not be limited
to, provisions for financing and timing of on and off-site infrastructure, payment of
traffic, noise and public facilities impact fees, ownership and maintenance of creek
and open space areas, and other provisions deemed necessary by the City to find the
project consistent with the Eastern Dublin Specific Plan.
B) The project applicant/developer shall be required to pay a Public Facilities Fee in the
amounts and at the times set forth in City of Dublin Resolution No. 32-96, adopted
70f8
Amended bv Resolution 04-55 by tire Planning Connnission on August 24. 2004 (P 1 ~~ ~ IS 'i>
Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046)
Amended by Ordinance by the City Council on . 2007 (P A 06-026)
by the City Council on March 26, 1996, or in the amounts and at the times set forth
in any resolution revising the amount ofthe Public Facilities Fee.
8of8
P A 06-013
\ <o<<4Df) l~t
RESOLUTION NO. 07 - 22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR
THE ALCOST A SHELL SERVICE STATION RECONSTRUCTIONjEXP ANSION AT
8999 SAN RAMON ROAD
(APN 941-0164-001-07 and 941-0164-003-02941-0164-003-02, 01)
P A 06-013
8.2 PUBLIC HEARING: P A 06-026 - Dublin Gateway Medical Center Building 3
Hospital and Garage - Planned Development Rezone and Stage 1 and 2 Development
Plan, Conditional Use Permit, Site Development Review, and Development
Agreement (Legislative and Adjudicatory Actions). .
Chair Schaub asked for the Staff Report.
Ms. Marnie Nuccio, Associate Planner, discussed the specifics of the project as outlined in the
Staff Report.
Chair Schaub asked for the definition of GFRC. Ms. Nuccio stated that GFRC is the acronym for
Glass Fiber Reinforced Concrete.
Chair Schaub asked about the height of the parking garage. Ms. Nuccio explained that there
would be 4 levels above ground and 1 level below ground and would be similar in height to the
existing medical office building.
Chair Schaub asked if the noise study completed for the project only covers the current project
plans and project description and does not incorporate future equipment that may be installed
at the site, and Ms. Nuccio said yes.
Cm. Biddle asked about the ambulance access route, and Ms. Nuccio pointed it out on the
diagram.
Vice Chair Wehrenberg asked if significant changes to the project would come before the
Planning Commission after the project is approved by the City Council. Ms. Nuccio explained
that the City Council would review and be the final decision making body for significant
changes to the project. Chair Schaub and Vice Chair Wehrenberg expressed concerns about
making a decision on the project when the project is not at build-out and significant changes to
the project could occur in the future. Ms. Mary Jo Wilson, Planning Manager, stated that
('lom1tris..~"if.w",
42
ZOD?
Attachment 6
significant changes to the project could be brought before the Planning corrum1s~~ 'h l1>i
recommendation to the City Council.
Chair Schaub opened the public hearing.
Mr. Rick Needham, with Triad Partners, spoke in favor of the project on behalf of the Applicant.
Chair Schaub asked if it is possible to decrease the height of the office building by one story by
adding an underground floor. Mr. Needham explained that there is currently a sub grade level
that houses equipment.
Mr. Jim Terry, with Ware Malcolmb, spoke in favor of the project on behalf of the Applicant.
He stated that the 7th story is used to cover the mechanical equipment.
Cm. Biddle stated that because this is a hospital, he does not have a problem with the height of
the building.
Vice Chair Wehrenberg stated that she does not have a problem with the height of the building,
but is concerned about the potential future height of the building based on future tenants and
uses of the building. She stated that she would like the project to be brought before the
Planning Commission if the height of the building increases.
Cm. Tomlinson stated that the design of the building gives the perception of a 6-story building.
He stated that he is happy with the building architecture.
Cm. Biddle stated that he likes the idea of adding an underground level to the building. Ms.
Nuccio explained that adding an underground level would increase the square footage and
require further review and analysis of the project, as a basement is not a part of the current
proposal by the Applicant.
Cm. Tomlinson discussed architectural options to soften the corner element of the building. The
Planning Commission agreed that the corner element of the building should be softened.
The Planning Commissioners agreed that the architecture of the parking garage should be
consistent with the architecture of the existing medical office buildings. They discussed various
features that could be added to the parking garage that would make it more consistent with the
architecture of the existing medical office buildings. Mr. Needham stated that the development
team would certainly discuss any modifications with Staff.
Cm. Biddle and Vice Chair Wehrenberg expressed concerns about the parking capacity. Cm.
Biddle stated that he would like Staff to verify the adequacy of the parking capacity.
Chair Schaub stated that he would like the parking structure to be re-addressed and brought
back to the Planning Commission.
Chair Schaub and Cm. Tomlinson expressed concerns about the functionality of the loading
dock and truck circulation on the site. They expressed concerns about safety and traffic
('omnn:m(l1l 43 20i)7
congestion in the area. Ms. Nuccio stated that the Public Works Department rev~~~d ~~ ~6
project plans and did not have any concerns with the loading dock or truck circulation.
Vice Chair Wehrenberg expressed concern about the trash bins located along Dublin Boulevard
near the emergency parking area. Chair Schaub and Cm. Tomlinson suggested that the trash
bins be moved to an internal location on the site and away from the emergency parking area.
Mr. Needham stated that he would consider another location for the trash bins.
Vice Chair Wehrenberg asked about the potential use of helicopters on the site. Mr., Needham
stated that helicopter pads were not included in the project description.
Vice Chair Wehrenberg stated that she is concerned about the potential occurrence of
ambulances, generators, and oxygen tanks. Ms. Wilson stated that the CEQA (California
Environmental Quality Act) analysis reviewed the potential noise and activity of the project and
found that it would not be a significant effect to the environment.
Vice Chair Wehrenberg stated that mechanical equipment on the site could be a visual and
audible distraction to the site. She asked if sound control elements could be incorporated
around noisy equipment. Ms. Nuccio stated that the Conditions of Approval discuss equipment
screening on the site and that Staff would look into requesting sound control elements to
attenuate noisy equipment on the site. Ms. Nuccio pointed out that there is a sound wall that
separates the nearest residential homes from Dublin Boulevard. Cm. Tomlinson commented
that the shape of the building may serve as a noise barrier to residents and direct noise to 1-580.
Cm. Biddle asked about the public notification process for the project, and Ms. Nuccio
explained the process.
Cm. King expressed concerns about the truck circulation and loading dock area on the site. The
Planning Commission and the Applicants discussed options for making the area more
functional. Staff stated that they would work with the Applicant on the various options.
Ms. Jennifer Kim, resident, had several concerns about the project regarding noise, traffic, and
parking. The Planning Commission and Staff addressed each of Ms. Kim's concerns.
Hearing no further comments, Chair Schaub closed the public hearing.
Chair Schaub recapped the items the Planning Commission would like the Applicant to
address:
. Soften the corner element on the Dublin Boulevard/ Glynnis Rose corner of the medical
office building.
. Make the loading dock more functional for trucks to maneuver.
. Move the trash bins to a more internal area of the site.
. Make the architecture of the parking garage consistent with the architecture of the existing
medical office buildings.
. Review landscaping adjacent to the parking garage
44
24, 200?
1~1~ l~~
The Planning Commissioners stated that they still have concerns regarding parking capad1y
and would like a parking analysis to be completed. The Planning Commissioners stated that
they would like significant changes to the project to be brought before the Planning
Commission. They further stated that they would like potential generator locations to be
internalized within the site and away from the street.
Ms. Wilson stated that Staff's recommendation to the Planning Commission, based on the
number of significant concerns raised by the Planning Commission, is to have the Staff address
the concerns with the Applicant and continue the application to a future Planning Commission
meeting.
Mr. Needham asked the Planning Commission if he could speak. The Planning Commission
voted to re-open the public hearing. Mr. Needham reviewed the Planning Commission's
concerns and requested that the Planning Commission approve the project and allow the
Applicant to work with Staff on the necessary modifications.
Hearing no further comments, Chair Schaub closed the public hearing.
On a Motion by Cm. Biddle, seconded by Cm. King, and by a vote of 5-0-0, the Planning
Commission unanimously decided to continue the item to the May 8, 2007 Planning
Commission meeting.
NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS
10.1 Brief INFORMATION ONL Y reports from the Planning Commission and/or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
Ms. Mary Jo Wilson, Planning Manager, reminded the Planning Commission about the
upcoming Geological Hazard Assessment District (GHAD) seminar.
Cm. Tomlinson informed the Planning Commission that he plans to inquire about getting a
sound wall installed along the sport's field near City Hall due to the noise from the freeway.
Chair Schaub asked about the status of the blacked-out windows of the video store on Dublin
Boulevards. Ms. Wilson stated that Staff continues to work with owner.
ADJOURNMENT - The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
/4~~
Planning Commission Chair
ATTEST:
( '01f111f?};.',"l1{1r,
45
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\ toi"b lt~
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: May 8, 2007
SUBJECT:
ATTACHMENTS:
CONTINUATION OF PUBLIC HEARING: P A 06-026 Dublin
Gateway Medical Center Building 3 Hospital and Garage -
Planned Development Rezone and Stage 1 and 2 Development
Plan, Conditional Use Permit, Site Development Review and
Development Agreement (Adjudicatory and Legislative Actions)
Report Prepared by Mamie R. Nuccio, Associate Planer
I) Resolution recommending City Council adoption of a CEQA
Addendum for an amendment to the Stage I and 2 Development Plan
for Planned Development Zoning District (PA 98-047) and for a
Conditional Use Permit and Site Development Review for the Dublin
Gateway Medical Center Building 3 Hospital and Garage Project,
with draft City Council Resolution and draft Addendum attached as
Exhibit A.
2) Resolution recommending City Council adoption of a Planned
Development Rezone and Stage I and 2 Development Plan for the
Dublin Gateway Medical Center Building 3 Hospital and Garage
Project, with draft City Council Ordinance and draft Stage I and 2
Development Plan attached as Exhibit A.
3) Resolution referring decision making authority and recommending
City Council approval of a Conditional Use Permit and Site
Development Review for the Dublin Gateway Medical Center
Building 3 Hospital and Garage Project, with draft City Council
Resolution and proposed Project Plans attached as Exhibit A.
4) Resolution recommending City Council adoption of a Development
Agreement for the Dublin Gateway Medical Center Building 3
Hospital and Garage Project, with draft City Council Ordinance and
draft Development Agreement attached as Exhibit A.
5) Proposed amended Stage I and 2 Development Plan in draft form
with amended text shown in strike-through and underline.
6) Draft April 24, 2007 Planning Commission Meeting Minutes.
7) April 24, 2007 Planning Commission Agenda Statement, without
attachments.
COPIES TO: Applicant/Property Owner
File
Mahendar Chima, Public Works Department
Jim Tong
Marty Iterbitzen
Dave Chadbourne
ITEM NO.
Page I of8
G:\P A#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documents\PC\PCSR 05-08-07.doc
Attachment 7
l toptao I~~
RECOMMENDATION: 1) Receive Staff presentation;
2) Open the public hearing;
3) Take testimony from the Applicant and the public;
4) Close public hearing and deliberate;
5) Adopt Resolution (Attachment 1) recommending City Council
approval of a CEQA Addendum;
6) Adopt Resolution (Attachment 2) recommending City Council
adoption of a Planned Development Rezone and Stage 1 and 2
Development Plan;
7) Adopt Resolution (Attachment 3) referring decision making authority
and recommending City Council approval of a Conditional Use
Permit and Site DevelopmeiIt Review; and
8) Adopt Resolution (Attachment 4) recommending City Council
adoption of a Development Agreement.
PROJECT DESCRIPTION:
The Dublin Gateway Medical Center is an existing 120,000 square foot medical office complex located
on approximately 7.14 acres of land at the southwest comer of Dublin Boulevard and Tassajara Road.
The medical office complex was approved by the Planning Commission in 2005 for approximately
178,000 square feet of medical offices and related uses as follows:
· 62,300 square foot LifestylelWellness Center
. 57,700 square foot medical office building
. 58,000 square foot medical office building
. 4-level parking garage
The medical office complex was approved to be constructed in two Phases as follows:
. Phase One:
o 62,300 square foot LifestylelWellness Center
o 57,700 square foot medical office building
. Phase Two:
o Phase Two(a): 4-level parking garage
o Phase Two(b): 58,000 square foot medical office building
Construction of Phase One was completed in January 2007; an alternative development project for Phase
Two is the subject ofthis staff report.
Phase Two Alternative Development Project
Phase Two of the Dublin Gateway Medical Center project was approved in 2005 by the Planning
Commission (Resolution 05-06) for the construction of a 3-story, 58,000 square foot medical office
building and a 4-level parking garage on 3.13.:!: acres of land (the "Original Approval"). In 2006, the
Applicant/Developer, Triad Dublin Gateway, L.P., submitted a request for an alternative development
project; the alternative project proposes the development of a 6-story, 168,000 square foot, 100-bed
hospital and a 5-level parking garage with 1 level below ground and 4 levels above ground on the same
3.13.:!: acres ofland. Approval of the alternative project (the "Project") would not supersede the Original
20f8
\"lO"b l~$
Approval but would give the Developer the option to construct either project depending upon market
conditions.
A detailed description and full analysis of the Project, including environmental review, is included in
Attachment 7 (the April 24, 2007 Planning Commission Agenda Statement). The focus of this report is
the analysis related to the issues identified by the Planning Commission at the April 24, 2007 hearing.
April 24, 2007 Planning Commission Meeting
At the April 24, 2007 Planning Commission meeting, Staff presented the alternative Project known as the
Dublin Gateway Medical Center Building 3 Hospital and Garage. The Planning Commission expressed
concerns regarding the Project and directed Staff to work with the Applicant to address the following
items (see Attachment 6):
. Reduce the massing of the building at Dublin Boulevard and Glynnis Rose Drive by notching the
comer of the building.
. Revise the loading dock area to facilitate truck turning movements which would not interfere with
vehicular traffic on Glynnis Rose Drive.
. Relocate the trash enclosures to an internal location on the site.
. Include architectural elements on all four sides of the parking garage and revise the vegetative
screen on the south elevation.
. Identify operational equipment such as generators and oxygen tanks and how the location and
screening of these items will be addressed.
. Provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking
requirements.
ANALYSIS:
Reduce the Massing of the Building
The Applicant has revised the Project plans to include a "notch" in the building where the north and west
elevations meet at the comer of Dublin Boulevard and Glynnis Rose Drive. The "notch" extends from the
5th floor up to the roof line and incorporates aluminum fins and an aluminum clad parapet consistent with
the south elevation. The area created above the 4th floor by the incorporation of the "notch" is not
proposed to be used as outdoor space due to the location of patient rooms on either side of the "notch" on
the 5th and 6th floors. The "notch" is recessed approximately 10-feet, 8-inches on the Dublin Boulevard
elevation and 5-feet on the Glynnis Rose Drive elevation (Sheet A2.5, Exhibit A to Attachment 3).
Revise the loading dock area
The Applicant has revised the loading dock area to allow for delivery trucks traveling northbound on
Glynnis Rose Drive to exit the roadway by maneuvering to the right and pulling into the loading dock
area in a straight forward movement. Once off of Glynnis Rose Drive, the delivery truck can then back
up into the loading bay to make deliveries. The previous turning movement required that delivery trucks,
traveling northbound, pass the loading dock driveway and back into the dock at an angle. The new
turning movement will enable delivery trucks to pull off of the street before backing up into the dock thus
reducing potential conflicts with other vehicles traveling northbound on Glynnis Rose Drive towards
Dublin Boulevard. A truck turning template has been incorporated into the Project plans demonstrating
the new truck turning movement (Truck Dock Area, Exhibit A to Attachment 3). The Public Works
Department has reviewed the new truck turning movements as well as the increased width of the loading
dock driveway and finds that the revised circulation pattern and layout of the loading dock area will
30f8
11L~ \~$
facilitate easier truck turning movements for delivery truck operators and a safer environment for
vehicular traffic traveling on Glynnis Rose Drive.
As discussed at the April 24, 2007 Planning Commission meeting, the Applicant currently does not have a
tenant for the Project and therefore has to make certain assumptions based on their research and the
professional advice received from their hospital consultant relating to the potential number of deliveries
utilizing the loading dock area. The Applicant estimates that there will be approximately 10-12 truck
deliveries per week to service the Project. Based on these estimates, the Applicant believes that one
loading dock is sufficient to meet the needs for the Project. Additionally, the re-design of the loading
dock area allows for a delivery truck to be in the loading bay while a second delivery truck pulls off of
Glynnis Rose Drive into the northern portion of the loading dock area; the second delivery truck can wait
in this area, without obstructing the first truck from exiting the loading bay, and then safely back into the
loading bay once the first truck has exited the loading dock area. While it is not anticipated that multiple
deliveries would be occurring at the same time, the new configuration with a "loading dock waiting area"
could accommodate two delivery trucks.
Additionally, the Project has been conditioned (Condition of Approval No. 18, Exhibit A to Attachment
3) such that if the loading dock activities become a nuisance, a delivery schedule and loading dock
operations plan (the "Plan") is required to be submitted to the City for review and approval. The Plan
would set forth the delivery schedule for the loading dock operations that the operators of the Project
would be required to comply with. Failure to comply with the Plan could result in revocation of the
Conditional Use Permit.
In an effort to screen the "loading dock waiting area" the Applicant proposes to provide a low 3-foot wall
around the north and west sides of the waiting area; the wall would be screened by a landscaped berm
(Truck Dock Area, Exhibit A to Attachment 3). Additional tress and shrubs would be provided around
the berm consistent with the landscape palette for Dublin Boulevard and Glynnis Rose Drive.
Relocate the Trash Enclosures
As a part of the construction of Phase One of the Dublin Gateway Medical Center, a trash enclosure was
constructed, and currently exists, along Dublin Boulevard; the enclosure holds two waste receptacles.
The Project proposes to provide an additional trash enclosure that could accommodate two additional
waste receptacles; this trash enclosure was proposed to be constructed directly adjacent to the existing
trash enclosure along Dublin Boulevard. The Applicant proposes to relocate both the existing trash
enclosure that serves Phase One and the proposed trash enclosure for Phase Two to the northeast side of
the parking garage. The trash enclosure would be landscaped on three sides to screen it from an adjacent
walkway to the east and parking spaces to the west (Trash Enclosure, Exhibit A to Attachment 3).
In response to the Planning Commission's concern that one additional trash enclosure may not be
sufficient to serve the Project, Condition of Approval No. 26 (Exhibit A to Attachment 3) has been
revised to include language that requires frequent trash pick-ups to ensure the timely removing of waste
from the property.
Include Architectural Elements and Additional Landscaping for the Parking Garage
The elevations of the parking garage have been revised to include the following:
1) Green tinted glass in the stairwells;
2) A cornice feature and aluminum fins on all four elevations;
3) Aluminum clad canopies above the vehicular entrances; and
4) A darker color scheme for the elevator tower.
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Previously the stair towers included a decorative metal screen in the openings of the stairwells; the new
stair towers have replaced the metal screen with green tinted glass consistent with the Phase One medical
office buildings and the proposed hospital building. The glass element has been incorporated on the
north, east and west elevations (Parking Structure Elevations, Exhibit A to Attachment 3).
To address the Planning Commissions concerns that the parking garage needed more architectural
elements consistent with the proposed hospital building, the Applicant has introduced a cornice feature on
all four elevations. This cornice feature is visually supported by aluminum fins which tie into the vertical
columns which are placed between decorative metal screens (Parking Structure Elevations, Exhibit A to
Attachment 3). By introducing the aluminum fins and reducing the height of the vertical columns, the
perceived massing of the parking garage has been reduced.
The Applicant has introduced aluminum clad canopies above the two vehicular entrances to the parking
garage (Parking Structure Elevations, Exhibit A to Attachment 3). These canopies are consistent with the
Phase One medical office buildings which have aluminum clad canopies over two pedestrian entrances to
the building; the proposed hospital building would also have an aluminum clad canopy over the main
pedestrian entrance.
The elevator tower is proposed to have a darker color scheme than the body of the parking garage to
differentiate this element from the remainder of the structure. The outer wall of the tower is broken up
with a variety of horizontal and vertical score lines.
Previously, the north and east elevations of the parking garage were proposed to be screened with Coast
Redwood and the south and west elevations with London Plane. London Plane is an approved "street"
tree within the Koll Dublin Corporate Center and currently lines both the Koll Center Drive and Glynnis
Rose Drive vehicular entrances to the project site. The Applicant has revised the plans to incorporate
Coast Redwood on all four elevations while retaining some London Planes along Koll Center Drive and
Glynnis Rose Drive to maintain consistency with existing "street" trees (Sheet L1.I, Exhibit A to
Attachment 3). Coast Redwood will provide a more attractive and effective landscape screen for the outer
walls of the parking garage with their dense columnar shape; London Planes on the other hand have a
wider canopy spread making it more practical as a shade tree.
Incorporating additional architectural elements into the parking garage has created a unified design with
the proposed hospital building and replacing some of the street trees with a dense, evergreen tree will
provide a better vegetative screen for the outer walls of the parking garage. It should be noted that, if the
Original approval is constructed (the 58,000 square foot medical office building and the 4-level parking
garage), the aforementioned architectural elements and landscape revisions would not be incorporated
into the parking garage since the design of that garage was previously approved under Planning
Commission Resolution 05-06 in January 2005, unless the Applicant agreed to make such revisions.
Lastly, the Development Plan gives the Developer the option to construct the 5-level parking garage in
conjunction with the development of the 58,000 square foot medical office building should they decide
that the additional parking may be beneficial to the project; if the Developer elects to exercise this option,
the aforementioned architectural elements and landscape revisions would be incorporated into the parking
garage.
Identify Operational Equipment
As noted above, the Applicant currently does not have a tenant for the Project and therefore has to make
certain assumptions based on their research and the professional advice received from their hospital
consultant. While the Applicant recognizes the potential need for electrical, mechanical and plumbing
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equipment which is not currently shown on the site plan, they are unable to determine, at this time, what
the specific needs will be for the Project. Therefore, the Project has been conditioned accordingly
(Condition of Approval No. 23, Exhibit A to Attachment 3) which requires proper screening of all
electrical, mechanical and plumbing equipment as well as tanks. The condition of approval includes a
provision that requires the Applicant to return to the Planning Commission for review and approval of
equipment that is not underground, roof mounted and appropriately screened, or located within the
building.
At the April 24, 2007 Planning Commission meeting, the Applicant noted that future equipment needs
may be accommodated by adding a basement to the building. Staff has determined that the addition of a
basement would increase the overall square footage of the building, regardless of what the basement is
used for, and therefore would require, 1) additional environmental review; 2) an amendment to the
Development Plan for the Planned Development Zoning District in which the Project is located; 3) an
amendment to the Conditional Use permit for the Hospital; and, 4) an amendment to the Site
Development Review for modifications to the site layout. Such amendments would be required to be
brought before the Planning Commission for recommendation to the City Council.
Provide Additional Information on Staffin~ and Parking
The tenant for the Project is currently unknown therefore the Applicant has estimated staffing levels based
on comparable hospitals. The Project proposes to have a total of 450 employees and 75 doctors; the
Applicant estimates there will be 150 employees and 25 doctors on the largest shift. It is unknown at this
time what the actual staffing levels will be or when the shift changes would occur. The Applicant has
been working with a hospital consultant to estimate the staffing levels for the proposed 100-bed hospital
and feels comfortable that the estimates are an accurate representation of what is likely to occur.
The City of Dublin Zoning Ordinance, Chapter 8.76, Off Street Parking and Loading Regulations, sets
forth the parking requirements for a hospital use as follows:
. 1 space for every 3 beds
· 1 space for every 3 employees on the largest shift
. 1 space for every doctor
As discussed in the April 24, 2007 Planning Commission Agenda Statement (Page 7 of Attachment 7),
the Project proposes to provide 100 beds, 150 employees on the largest shift and 25 doctors on the largest
shift for a total parking requirement of 108 spaces. Combined with the 492 parking spaces required for
the Phase One medical office buildings, a grand total of 600 parking spaces are required for both Phase
One and Phase Two; all parking spaces, both surface and structured, would be shared between the two
phases. The Project proposes to provide 684 parking spaces (512 spaces in the parking garage and 172
surface spaces), 84 spaces (or 14%) more than what is required. This additional parking is anticipated to
reduce any potential peak parking demands that may occur during shift changes.
To address the Planning Commission's concerns that there may not be adequate parking for the Project,
Staff consulted a variety of sources (surrounding Tri-Valley cities, the American Planning Association's
Parking Standards publication and the Institute of Transportation Engineers (ITE) Parking Standards) to
obtain parking standards for hospital uses. Based on this research, Staff found that there is not one typical
parking standard for a hospital but rather a variety of standards.
In particular, Staff contacted the City of Pleasanton and the City of San Ramon since both of these
communities currently have hospitals operating within their jurisdiction. San Ramon Regional Medical
Center, located in San Ramon, has 187 patient beds and ValleyCare, located in P1easanton, has 137e
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patient beds. Both communities have a lower parking standard than Dublin resulting in fewer required
parking spaces.
To better understand actual parking operations, Staff conducted a site visit to ValleyCare in Pleasanton
and spoke with a representative of Valley Care. The site visit was conducted at 10:00am on a Wednesday
morning and revealed that the parking spaces closest to the entrances to the medical office buildings and
hospital were largely full while parking further from the entrances was available. In speaking with a
representative of ValleyCare, Staff learned that two issues the facility faces with respect to parking are
physicians who park in the patient parking areas closer to the entrances to the building and BART patrons
who park at the facility and walk to the nearby BART shuttle stop. The perception that ValleyCare does
not have sufficient parking may be attributed largely to these two factors. With respect to Dublin
Gateway, the vast majority of parking will be contained in the parking garage which means that
physicians, employees, patients and visitors will all be walking relatively the same distance to the
entrance of the hospital building.
Based on the research conducted and the number of parking spaces proposed to be provided, which
exceeds the number of spaces required by the Dublin Zoning Ordinance by 14%, it appears that there
would be sufficient parking for the Project.
CONCLUSION:
The Project has been revised to address the concerns expressed by the Planning Commission at the April
24, 2007 public hearing. The Applicant has revised the architecture of the proposed hospital building to
include a "notch" in the building at the comer of Dublin Boulevard and Glynnis Rose Drive. The loading
dock area has also been revised to allow delivery trucks to access the site in a forward moving direction
thus reducing potential conflicts between delivery trucks and other vehicular traffic along Glynnis Rose
Drive. The elevations of the parking garage have also been revised to include the following architectural
elements: a cornice, aluminum fins, aluminum clad canopies and colored glass. The exterior of the
parking garage is also proposed to be better screened by introducing Coast Redwood trees along the south
and west elevations. The trash enclosures which were previously located adjacent to Dublin Boulevard
have been relocated to the north side of the parking garage and will be screened with landscaping on three
sides. Lastly, the conditions of approval have been revised to address loading dock activities, waste
removal and the placement of electrical, mechanical and plumbing equipment. Furthermore, the Stage 1
and 2 Development Plan has been amended to include language requiring Planning Commission and City
Council review if additional square footage is added to the Project (i.e. a basement) and/or equipment or
uses are not consistent with this approval. The Project is consistent with the Dublin General Plan, Eastern
Dublin Specific Plan and the Dublin Zoning Ordinance (see Pages 12-14 of Attachment 7) and represents
an appropriate project for the site.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; 5)
Adopt Resolution (Attachment 1) recommending City Council adoption of a CEQA Addendum; 6) Adopt
Resolution (Attachment 2) recommending City Council adoption ofa Planned Development Rezone and
Stage 1 and 2 Development Plan; 7) Adopt Resolution (Attachment 3) recommending City Council
approval of a Conditional Use Permit and Site Development Review; 8) Adopt Resolution (Attachment 4)
recommending City Council adoption of a Development Agreement.
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GENERAL INFORMATION:
APPLICANT!
PROPERTY OWNER:
Joseph D. Carroll, Triad Dublin Gateway, L.P., 8001 Irvine
Center Drive, Suite 10000, Irvine, CA 92618
LOCATION:
4084 and 4100 Dublin Boulevard
ASSESSOR PARCEL NUMBER(S):
986-0016-021 and 986-0016-022
GENERAL PLAN
LAND USE DESIGNATION:
Campus Office
SPECIFIC PLAN!
LAND USE DESIGNATION:
Eastern Dublin Specific Plan, Campus Office
ZONING:
PD, Planned Development (PA 98-047)
SURROUNDING USES:
Location Zoning General Plan Land Use Current Use of
Property
Site PD Campus Office Medical Office
Planned Development
North PD General Commercial Retail Commercial
Planned Development
South PD Campus Office Professional Office
Planned Development
East PD General Commercial Vacant
Planned Development
West PD Campus Office Retail Commercial
Planned Development
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on
CALL TO ORDERlROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, May 8,
2007, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to
order at 7:02 p.m.
Present: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, and Tomlinson;
Mary Jo Wilson, Planning Manager; Marnie Nuccio, Associate Planer; and Rhonda Franklin,
Recording Secretary.
Absent: None
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS
The April 24, 2007 minutes were approved as submitted.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS
8.1 Continuation of P A 06-026 Dublin Gateway Medical Center Building 3 Hospital and Garage -
Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit,
Site Development Review and Development Agreement (Adjudicatory and Legislative
Actions).
Chair Schaub stated that the Planning Commission is being asked to approve an application for
a hospital, but is being provided project plans that title the project as a Medical Office Building.
Chair Schaub asked for the Staff Report.
Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the
Staff Report.
Chair Schaub asked if any parking spaces were removed as a result of the relocation of the trash
enclosures, and Ms. Nuccio stated that no parking spaces were removed.
Chair Schaub pointed out that the excess of 84 parking stalls includes 17 motorcycle stalls.
('omrmssi"n
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Chair Schaub sought clarification on the two construction options that would be granted to the
Applicant should the project be approved. Ms. Nuccio explained that the Applicant could
either construct a 3-story, 58,000 square foot medical office building with a 4-level parking
garage; or a 6-story, 100-bed hospital building with a 5-level parking garage.
Chair Schaub sought clarification that a project approval would only allow a 6-story hospital
building to be built, and not a 6-story medical office building, even though the plans indicate
that the 6-story building is a medical office building. Ms. Nuccio explained that although the
project plans label the building as a medical office building, all of the approval documentation,
including the Development Plan, specifies that if the 6-story building is constructed, it can only
be used as a hospital building. If the Developer decides to not use the 6-story building as a
hospital building, the Developer would have to apply for a Planned Development Rezone and
amend the Development Plan accordingly.
Chair Schaub sought clarification that if the hospital building is constructed, would the project
return to the Planning Commission with applications for the necessary amenities required for a
hospital. He pointed out that the Planning Commission would have the authority to approve or
deny the application at that time. Ms. Mary Jo Wilson, Planning Manager, explained that if the
Applicant could install the amenities within the existing design of the building, the application
may not need to return to the Planning Commission for review.
Vice Chair Wehrenberg asked if the requirement of a Central Utility Plan would require the
project to return to the Planning Commission for review. Ms. Wilson explained that the
construction of a Central Utility Plan in a separate building is not a part of the Applicant's
Planned Development Plan before the City at this time; therefore, an amended project could be
subject to additional City review.
Cm. Biddle asked about the review process of the State of California Office of Statewide Health
Planning and Development (OSHPD). He expressed concern that the 100-bed configuration of
the building could change based on OSHPD's review process. Ms. Nuccio explained that if the
number of beds increases, the project would have to return to the City for review because all of
the analysis on the project was based on a maximum of 100 beds. Chair Schaub stated that if
there were less beds and more office use, there would be parking issues. Ms. Nuccio explained
that the entire building must be used for hospital functions. She further stated that if portions
of the hospital were converted for other uses, the project would have to return to the City for
reVIew.
Cm. Tomlinson asked about the anticipated size of trucks that would be trafficking the loading
zone. Ms. Nuccio explained that the Applicant anticipates that the vast majority of deliveries
would be made by bobtail trucks, with occasional semi trucks. She further explained that the
loading zone was designed to accommodate semi trucks.
Vice Chair Wehrenberg stated that she would like to add to the Initial Study that if generators
or other noise generating sources are used, the project be brought back to the City for additional
review. Ms. Nuccio explained that because generators are not part of the current application,
the potential noise impact of generators was not analyzed as part of the Environmental Review.
p[annmg Commissirm
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She further explained that if the Applicant identifies the need for generators on the site plan,
Staff would conduct a noise analysis and, if necessary, require the Applicant to attenuate
impacts accordingly. If the Applicant can not attenuate impacts accordingly, then Staff would
conduct additional environmental review and the project would return to the Planning
Commission. Vice Chair Wehrenberg added that she would like to add the potential use of
helicopters to the Initial Study as well.
Cm. King expressed concern about whether the correct direction for trucks entering the loading
zone would be obvious. Ms. Nuccio stated that signage can be installed at the entrance of the
loading zone to guide the drivers. Cm. Tomlinson pointed out that most deliveries would
probably be from the same companies, thus the drivers would gain familiarity with the
navigation of the loading zone. Chair Schaub pointed out that the entrance to the loading zone
is in the area of the egress for the Ulferts Shopping Center. He stated that to reduce the load on
Glynnis Rose Drive, signage could easily be added to the Ulferts parking lot to direct consumers
to exit in a different direction.
Chair Schaub opened the public hearing.
Mr. Rick Needham, with Triad Partners, spoke if favor of the project on behalf of the Applicant.
Chair Schaub asked for Planning Commission feedback on the architectural changes to the
building. The Planning Commissioners stated that they are pleased with the improvements.
Chair asked for Planning Commission feedback on the changes to the loading zone. Cm. Biddle
asked for clarification on truck routes into the loading zone. Staff explained that from Dublin
Boulevard, trucks should take Tassajara Road, to Koll Center Drive, to Glynnis Rose Drive to
the loading zone. From the 1-580 Tassajara ramps, trucks should take Koll Center Drive to
Glynnis Rose Drive to the loading zone. Vice Chair Wehrenberg asked if signage for truck
traffic would be addressed. Ms. Wilson explained that signage for truck traffic would be
addressed as part of the Master Sign Program.
Cm. King expressed concern about whether there would be enough space for forward
movement in order for trucks to back out appropriately. Mr. Jim Terry, with Ware Malcolmb
Architects, stated that the turning radius for the loading zone was designed for larger trucks;
however, smaller trucks would most often frequent the loading zone. Mr. Needham stated that
the larger trucks would typically arrive at the loading zone in the early morning. .
Chair Schaub asked about the quantity of truck deliveries per week. Ms. Cynthia Lee, Health
Care Consultant, spoke in favor of the project on behalf of the Applicant. She stated that she
contacted several comparable institutions to get an estimate of the number of deliveries per
week. She stated that it is anticipated that 10-12 deliveries would be made per week. Vice
Chair Wehrenberg asked if this number included food deliveries, and Ms. Lee said yes.
Chair Schaub stated that without a cafeteria in the building, finished foods would also need to
be delivered. Ms. Lee clarified that it is anticipated that the building would have a cafeteria,
and thus would not need finished food deliveries.
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Vice Chair Wehrenberg pointed out that the project plans for the hospital are missing key
elements such as an operating room, cafeteria, and pharmacy. She asked if the project plans
would change based on the needs of the tenant. Mr. Joseph Carroll, Applicant, spoke in favor of
the project. He explained that the Development Team, knowing that the tenants would come at
a later date, created project plans that depicted the most important factors of the project such as
the bed count, circulation, the emergency department, and the loading zone. He stated that the
Development Team did not want to propose project plans to the Planning Commission that
would ultimately change based on the specific needs of a tenant.
Mr. Carroll reiterated that the loading zone was sized for an 18-wheel semi truck; although
bobtail trucks would frequent the loading zone 90% of the time. Cm. Biddle pointed out that a
positive feature of the loading zone is that the area is large enough to accommodate two trucks.
Cm. King asked about the view of the loading zone from Glynnis Rose Drive, and Mr. Carroll
stated that it would look like the sides of building. Ms. Nuccio added that the loading zone
was designed to accommodate two trucks. She also stated that the Conditions of Approval
(COAs) were revised to include that should any activities related to the loading zone become a
problem, the Applicant would be required to provide a plan that outlines loading zone activities
subject to approval by the City.
Chair Schaub stated that this loading zone is significant because it is located near a busy street;
whereas most loading zones are not.
Vice Chair Wehrenberg confirmed that the Applicant would locate a tenant before going too far
with the project, and Mr. Carroll said yes. Vice Chair Wehrenberg pointed out that the loading
zone would generate a lot of trash and that medical waste would need to be addressed as well.
Chair Schaub asked for Planning Commission feedback on the changes to the trash enclosures.
The Planning Commissioners stated that it is a big improvement. Cm. Biddle pointed out that,
if necessary, it would be easy to enlarge the trash enclosures in this location.
Cm. Biddle asked how hazardous waste would be handled. Ms. Lee stated that hazardous
waste is typically disposed of in locked containers near the loading zone and is handled
separately from regular trash.
Chair Schaub asked for Planning Commission feedback on the changes to the parking structure.
The Planning Commissioners stated that they are happy with the changes. Cm. Biddle
expressed concern with the disparity of parking spaces allotted to the medical offices as
opposed to the hospital. Mr. Carroll explained that the shared parking arrangement would
provide for adequate parking.
Vice Chair Wehrenberg pointed out that afternoon shift changes could potentially strain
parking availability. Mr. Carroll stated that the demand for parking generally tails off in the
afternoon. Vice Chair Wehrenberg asked about the potential to modify the parking based on
the needs of future tenants. Mr. Carroll stated that it is anticipated that the current parking
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would handle the needs of future tenants. Vice Chair Wehrenberg stated that in regard to the
motorcycle spaces, there would probably be little demand for motorcycle parking at a hospital.
Vice Chair Wehrenberg asked if they have had to display signage to distinguish employee
parking from patient parking. Mr. Carroll stated that they designate parking spaces for
employees and patients. Vice Chair Wehrenberg expressed concerned about parking
overflowing into the Ulferts Shopping Center. Cm. Tomlinson stated that he is comfortable
with the number of parking spaces at the project. He stated that his concern is that patrons from
the shopping center might overflow into the project's parking areas.
Vice Chair Wehrenberg asked if the Applicant would be allowed to add another level to the
parking garage if parking spaces were eliminated due to the placement of mechanical
equipment. Ms. Nuccio stated that in such a case, the Applicant would need to apply for an
amendment to the Site Development Review.
Cm. Biddle asked if the parking structure would be built before the hospital. Mr. Carroll stated
that it is required that the parking structure be built before the hospital.
Cm. King stated that he is concerned about the idea that the form of the building is following
the function, instead of function following form. He asked if it is typical for a building shell to
be constructed before tenants are identified. He further stated that he is concerned the future
tenants might want to change the building to suit their needs. Mr. Carroll explained that the
room plan was the critical factor in ensuring that the building would be compatible with the
needs of potential tenants.
Chair Schaub asked Mr. Carroll if he has built a hospital before, and Mr. Carroll said no. Vice
Chair Wehrenberg expressed concerns that the OSHPD review process may require
architectural changes to the building. Mr. Carroll stated that he does not think this will be the
case; however, if changes are necessary, they would revisit the plans.
Cm. Biddle expressed concern that double-occupancy rooms would be more desirable to future
tenants instead of single occupancy rooms. Mr. Carroll stated that he believes that single
occupancy rooms are more desirable. Vice Chair Wehrenberg added that patient satisfaction is
higher in single occupancy rooms.
Cm. Biddle expressed concern with whether various medical specialties would be able to
function in the 100-bed configuration of the building. He questioned whether the facility could
accommodate amenities such as food service operations, pharmacy, operating room, morgue,
etc. Mr. Needham explained that the Development Team modeled and tested three specific
design plans for the building and all of the design plans were functional. Mr. Carroll explained
that the Development Team has worked with consultants in the hospital field that have advised
them that the current design is functional and would work with various tenants.
Cm. Biddle asked about the process of finding a tenant. Mr. Carroll stated the he is currently
talking with potential tenants. Cm. Biddle asked about the timeframe for completing the
building, and Mr. Carroll stated that it could take 3-5 years.
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Vice Chair Wehrenberg suggested that the Applicant submit plans to the City before submitting
them to OSHPD to help alleviate potential issues. Mr. Carroll stated that he would work with
the City during the design development.
Chair Schaub asked about the Conditions, Covenants, and Restrictions (CCRs). Ms. Nuccio
explained that the CCRs are in place to govern the relationship between the 4 parcels on the site.
Mr. Gary Sloan, San Ramon Medical Center Chief Executive Officer, expressed concern about
the impacts a new hospital could have on existing hospitals, as well as police and fire protection
services, within the Tri-Valley. Mr. Sloan stated that the Planning Commission did not have
enough information regarding the project to make an informed decision. He stated that the
Planning Commission should know who the tenant will be before making a decision on the
project.
Cm. Biddle asked about the differences in hospital types and the associated impacts on parking,
traffic, etc. Mr. Sloan gave several examples of various hospitals and their associated impacts.
Chair Schaub closed the public hearing.
Cm. Tomlinson stated that the project is worthy of support. He stated that the Applicant was
responsive to the Planning Commission's concerns and recommendations. He further stated
that he is satisfied with the amount of parking at the project, as well as Staff's research on
parking at comparable facilities. He stated that the neighboring buildings are adequately
parked per the Dublin Zoning Ordinance. He stated that the Conditions of Approval are
appropriate and sufficient for the project and that it is the responsibility of the Applicant to find
a tenant that can function within the approved project.
Vice Chair Wehrenberg stated that the project is lacking the infrastructure needed to support a
potential tenant. She asked if the project would return to the Planning Commission if the
parking was impacted by future changes. Ms. Wilson explained that the Site Development
Review (SDR) Findings are based on the current design of the site, including surface parking
and access; therefore, if the site design changes, amended plans would have to be resubmitted
and reviewed by the City.
Vice Chair Wehrenberg stated that COA No. 18 should also require that loading dock activities
be reviewed when a tenant is identified and prior to any plan submittals. Ms. Wilson suggested
that the additional language be included as a part of COA No. 22.
Vice Chair Wehrenberg expressed concern about screening oxygen tanks and stated that the
potential use of oxygen tanks should be identified as early as possible. Chair Schaub added that
the potential use of generators should also be identified as early as possible. Ms. Wilson
suggested that those concerns be addressed in COA No. 22. She further stated that the addition
of an oxygen tank and/ or generator to the plans could trigger additional review from the City.
Vice Chair Wehrenberg suggested that the Fire Department COAs include a review of the
hazardous materials plans. She pointed out that the City will own the building once OSHPD
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finals the building. Ms. Wilson suggested that the additional language be included as a part of
COA No. 22.
Vice Chair Wehrenberg suggested that the tenant be required to provide a staffing plan to
confirm that the parking is adequate. Ms. Wilson stated that the condition can be added to the
COAs.
Chair Schaub reiterated that this project has a lot of open-ended issues. Vice Chair Wehrenberg
stated that she does not feel that 3 acres is conducive for a hospitals site, including the parking
garage.
Vice Chair Wehrenberg suggested that a condition be added that requires any plans for
helicopters and associated facilities be submitted to the City. Ms. Wilson stated that under
CEQA, plans for a helicopter and associated facilities would have to be reviewed and analyzed.
She stated that the application for the project indicates that there will not be a helicopter or
associated facilities for the project.
Cm. Biddle asked if the tenant would have to submit plans to the City each time plans are
submitted to OSHPD. Ms. Nuccio explained that the requirement is currently in the COAs.
Cm. Biddle stated that in general, he likes the concept of having a hospital in the City and he
likes the architecture of the building. He stated he feels a little more comfortable with the
project.
Vice Chair Wehrenberg asked if the COAs could be attached to the tenant's lease agreement.
Ms. Wilson stated that such a request could be asked of the Applicant. Ms. Wilson pointed out
that there are multiple points in the process where Staff would notify the tenant of the COAs for
the project. Cm. Tomlinson also pointed out that COA No. 15 seems to be a broad lever in
which to ensure the project remains consistent with the COAs. Mr. Carroll stated that he would
comply with the Planning Commission's request to attach the COAs to future tenants' lease
agreement.
Cm. King stated that he likes the design of the project.
Chair Schaub stated that he likes the project. He stated that it is important to get the project
finished they way the project is approved. He pointed out that COA No. 15 establishes that the
project is subject to annual review. He stated that he does not want the project to be put in
jeopardy because of significant infrastructure problems.
The Planning Commission complemented Staff on the work done on this project. The Planning
Commission also thanked the Development Team members for their work on the project.
Vice Chair Wehrenberg stated that the project plans should be labeled Hospital and not Medical
Office Building.
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Ms. Wilson confirmed that the Applicant, Mr. Carroll, concurs with the amendments to the
COAs.
On a motion by Cm. Biddle, seconded by Cm. Tomlinson, with a suggestion to amend the
Resolution of the City Council Approving a Conditional Use Permit and Site Development
Review to amend Condition of Approval No. 22 to include: "The Applicant shall also submit a
hazardous materials plan and a typical schedule of loading dock activities including types of deliveries,
number of deliveries, and types of vehicles."; and with a suggestion to add Condition of Approval
No. 22A to read: "Prior to the issuance of a building permit for the parking garage, the Applicant shall
provide the City with a written statement identifying the hospital tenant and the specific staffing levels
with respect to the number of doctors and employees on the largest shift. If the numbers of doctors or
employees on the largest shift increases, a parking analysis shall be conducted to ensure that adequate
parking will be provided in accordance with the Zoning Ordinance. If additional parking is needed, the
Applicant shall apply for an amendment to the Conditional Use Permit and Site Development Review
and such application shall be reviewed and approved prior to the issuance of a grading or building permit
for the parking garage."; and with a suggestion to add Condition of Approval No. 26A to read:
"The Developer shall provide a copy of the approved Conditions of Approval to all future tenants.", and
by a vote of 5-0-0, the Planning Commission unanimously adopted:
RESOLUTION NO. 07 - 23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR AN
AMENDMENT TO THE STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PLANNED
DEVELOPMENT ZONING DISTRICT (PA 98-047) AND FORA CONDITIONAL USE PERMIT
AND SITE DEVELOPMENT REVIEW FOR THE DUBLIN GATEWAY MEDICAL
CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT
LOCATED AT 4100 AND 4084 DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
RESOLUTION NO. 07 - 24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF A PLANNED DEVELOPMENT REZONE
AND STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE DUBLIN GATEWAY MEDICAL
CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100
DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
Commission
54
8,2007
DRAFT
DRAFT
RESOLUTION NO. 07 - 25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY
COUNCIL APPROV AL OF A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT
REVIEW FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPTIAL
AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
RESOLUTION NO. 07 - 26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROV AL OF A DEVELOPMENT AGREEMENT
FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND
GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS
Cm. Tomlinson informed the Planning Commission and Staff that he would be on vacation
during the August 14,2007 Planning Commission meeting.
Cm. King stated that if the Planning Commission is going to discuss projects that impact Dublin
Boulevard, he would like to know the City's position with regard to regional transportation
planning. Ms. Wilson stated that she would research the issue.
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
The Planning Commission did not have any items to report.
55
8, 2007
DRAFT
ADJOURNMENT - The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Planning Commission Chair
ATTEST:
Planning Manager
Comrmssion
56
DRAFT
8, ZOO?
\f1"b'ii
RESOLUTION NO. 07 - 23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR AN
AMENDMENT TO THE STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PLANNED
DEVELOPMENT ZONING DISTRICT (P A 98-047) AND FOR A CONDITIONAL USE PERMIT
AND SITE DEVELOPMENT REVIEW FOR THE DUBLIN GATEWAY MEDICAL
CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT
LOCATED AT 4100 AND 4084 DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning
Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a
4-level parking garage on 3.13:!: acres of land, located at 4100 and 4084 Dublin Boulevard (the "Original
Approval"); and
WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center
(formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned
Development Zoning District (P A 98-047); and
WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has
requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review
and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level
parking garage (the "Project") on the same 3.13:!: acres ofland, located at 4100 and 4084 Dublin Boulevard;
and
WHEREAS, the Project would provide the Applicant with the option of constructing the Original
Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original
Approval and the Project entitlements; and
WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2
Development Plan to allow for the following: 1) an increase in square footage on Lot 7 of Tract 7064 for the
Dublin Corporate Center (PA 98-047); 2) revisions to the site plan approved under PA 98-047; 3) revisions
to the landscape plan approved under PA 98-047; and, 4) revisions to the development regulations approved
under PA 98-047; and
WHEREAS, in accordance with the original Development Plan for Planned Development Zoning
District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98 incorporate herein by reference), the Project
requires approval of a Conditional Use Permit for the establishment and operation of a Hospital/Medical
Center; and
WHEREAS, the Project requires approval of Site Development Review for the development of the
6-story hospital building and 5-level parking garage; and
WHEREAS, any approval of the Conditional Use Permit and Site Development Review is
contingent upon City Council approval of the Planned Development Rezone and Stage 1 and 2 Development
Plan; and
Attachment 9
'1'8 ff{) (~$
WHEREAS, on May 8, 2007 the Planning Commission will consider the Planned Development
Rezone and Stage 1 and 2 Development Plan, the Conditional Use Permit and the Site Development Review;
and
WHEREAS, a complete application has been submitted and is available and on file in the
Community Development Department; and
WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3,
2007, for the required approvals; and
WHEREAS, the Project is within the General Plan Eastern Extended Planning Area and within the
Eastern Dublin Specific Plan area for which a Program Environmental Impact Report (EIR) was certified for
the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") pursuant to the
California Environmental Quality Act (CEQA) by City Council Resolution 51-93 and the Addenda dated
May 4, 1993 and August 22, 1994 (SCH No. 91103064). The certified EIR, resolution and addenda are
incorporated herein by reference. The Eastern Dublin EIR identified significant unavoidable impacts from
development of the eastern Dublin area some of which would apply to the Project; and
WHEREAS, the Project area is located within a portion of the Santa Rita Property for which the City
Council previously approved a Mitigated Negative Declaration by Resolution 123-96 on October 15, 1996
(both incorporated herein by reference); and
WHEREAS, the City Council previously approved a General Plan/Eastern Dublin Specific Plan
Amendment for Dublin Ranch West by Resolution 42-05 and certified a related Supplemental EIR on March
15,2005 (both incorporated herein by reference); and
WHEREAS, the City Council previously adopted Ordinance 22-98 on December 15, 1998 approving
a Stage 1 and Stage 2 Development Plan for the Koll Dublin Corporate Center and finding the project within
the scope of the Eastern Dublin EIR (incorporated herein by reference); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has
been prepared for the Project and a determination has been made that the proposed Project will not have a
significant effect on the environment. The Project has been found to be within the scope ofthe Program EIR
for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No.
91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH
No. 96082092); and, the cumulative traffic analysis of the Dublin Ranch West Environmental Impact Report
(the "Dublin Ranch West EIR") (~CH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita
Property MND, and the cumulative traffic analysis of the Dublin Ranch West EIR, adequately describe the
total Project for the purpose ofCEQA. In accordance with CEQA Guidelines Sections 15162 and 15164, an
Addendum has been prepared to reflect project changes from the prior CEQA analyses. The Addendum and
related Initial Study dated January 2007 are attached as Exhibit A and incorporated herein by reference; and
WHEREAS, the Planning Commission did hold a public hearing on said application on April 24,
2007 and on May 8,2007; and
WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned
Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development
Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing
Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin Boulevard
and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area to facilitate
truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive; 3) relocate
20f3
\ 1~ t1b t8~
the trash enclosures to an internal location on the site; 4) include architectural elements on all four sides of
the parking garage and revise the vegetative screen on the south elevation; 5) identify operational equipment
such as generators and oxygen tanks and how the location and screening of these items will be addressed;
and, 6) provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking
requirell1ents; and
WHEREAS, proper notice of said public hearings were given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend
City Council adoption of a CEQA Addendum; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered
all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding said proposed Addendum:
1. The Dublin Planning Commission reviewed and considered the Addendum prior to considering
the Proj ect.
2. The Initial Study/Addendum determined that the Project will not have a significant effect on the
environment beyond those identified in prior CEQA reviews. There is no substantial evidence in
light of the whole record before the City that the project will have a significant effect upon the
environment beyond those identified in prior CEQA reviews.
3. The Addendum has been completed in compliance with CEQA, CEQA Guidelines and the City of
Dublin Environmental Guidelines.
4. The Addendum is complete and adequate and reflects the City's independent judgment and
analysis as to the environmental effects of the proposed Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City
of Dublin does hereby recommend that the City Council adopt a CEQA Addendum, attached as Exhibit A,
pursuant to CEQA Guidelines Sections 15162 and 15164 for the Dublin Gateway Medical Center Building 3
Hospital and Garage Project.
PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
G:\PA#\2006\06-026 Dublin Gateway B1dg 3 Mod\Public Hearing Documents\Enviro\Final Documents\PC Reso Addendum_done.doc
30f3
\ '6D "b \fS't
RESOLUTION NO. 07 - 24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL ADOPTION OF A PLANNED DEVELOPMENT REZONE
AND STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE DUBLIN GATEWAY MEDICAL
CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100
DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning
Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a
4-level parking garage on 3.13=!:: acres of land, located at 4084 and 4100 Dublin Boulevard (the "Original
Approval"); and
WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center
(formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned
Development Zoning District (P A 98-047); and
WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has
requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review
and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level
parking garage (the "Project") on the same 3.13=!:: acres ofland, located at 4084 and 4100 Dublin Boulevard;
and
WHEREAS, the Project would provide the Applicant with the option of constructing the Original
Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original
Approval and the Proj ect entitlements; and
WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2
Development Plan to allow for the following: 1) an increase in square footage on Lot 7 of Tract 7064 for the
Dublin Corporate Center (P A 98-047); 2) revisions to the site plan approved under P A 98-047; 3) revisions
to the landscape plan approved under P A 98-047; and, 4) revisions to the development regulations approved
under PA 98-047; and
WHEREAS, in accordance with the original Development Plan for Planned Development Zoning
District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98 incorporated herein by reference), the Project
requires approval of a Conditional Use Permit for the establishment and operation of a Hospital/Medical
Center; and
WHEREAS, the Project requires approval of Site Development Review for the development of the
6-story hospital building and 5-level parking garage; and
WHEREAS, any approval of the Conditional Use Permit and Site Development Review is
contingent upon City Council approval of the Planned Development Rezone; and
WHEREAS, a complete application has been submitted and is available and on file in the
Community Development Department; and
Attachment 10
\<6l'b t~'
WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3,
2007, for the required approvals; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has
been prepared for the Project and a determination has been made that the proposed Project will not have a
significant effect on the environment. The project has been found to be within the scope of the Program EIR
for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No.
91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH
No. 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR")
(SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the Dublin
Ranch West EIR, adequately describe the total Project for the purpose ofCEQA. In accordance with CEQA
Guidelines Section 15162 and 15164 an Addendum has been prepared; and
WHEREAS, the Planning Commission did hold public hearings on said application on April 24,
2007 and May 8, 2007; and
WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned
Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development
Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing
Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin Boulevard
and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area to facilitate
truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive; 3) relocate
the trash enclosures to an internal location on the site; 4) include architectural elements on all four sides of
the parking garage and revise the vegetative screen on the south elevation; 5) identify operational equipment
such as generators and oxygen tanks and how the location and screening of these items will be addressed;
and, 6) provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking
requirements; and
WHEREAS, proper notice of said public hearings were given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend
City Council approval of a Planned Development Rezone and Stage 1 and 2 Development Plan; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered
all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding said proposed Planned
Development Rezone and Stage 1 and 2 Development Plan.
Pursuant to Section 8.12.050 ofthe Dublin Municipal Code, the Planning Commission finds:
1. The proposed amendment would be harmonious and compatible with existing and potential
development in surrounding areas. The Project, as conditioned, includes amendments to the Stage
1 and 2 Development Plan for Planned Development Zoning District (P A 98-047) to allow for the
development of a 6-story hospital building and 5-level parking garage; the proposed amendments are
harmonious and compatible with surrounding properties in that, 1) development of the site pursuant
to the Project approval will result in an orderly, attractive and harmonious development project that
is compatible with surrounding properties by creating logical vehicular and pedestrian linkages to
adjacent properties and by using building colors and materials which are consistent with
surrounding buildings creating a cohesive, unified development within the Dublin Corporate Center.
2of3
l~2~\~g
2. The subject site is physically suitable for the type, intensity of the zoning district being
proposed. The Project site is currently developed with surface parking and landscaping and is
generally flat in topography. The site is suitable for the proposed Project and the Project is within
the allowable floor area ratio for the Dublin Corporate Center.
3. The proposed amendment will not adversely affect the health or safety of persons residing or
working in the vicinity or be detrimental to the public health, safety and welfare. The Project,
as conditioned, will not have an adverse effect on persons or the public in that, 1) the Project would
not generate excessive noise, illumination, unsightliness, odor, smoke or other objectionable
influences; and, 2) conditions of approval have been applied to the Project to ensure compliance with
all Federal, State and Local regulations governing the Project.
4. The proposed amendment is consistent with the Dublin General Plan and the Eastern Dublin
Specific Plan. The Project is located within the Eastern Dublin Specific Plan area and has a
General Plan and Specific Plan land use designation of Campus Office; this land use designation
also allows for the establishment of General Commercial uses per the Planned Development Zoning
process. The Campus Office land use designation provides for attractive, campus-like settings for
office and other non-retail commercial uses that do not generate nuisances related to emissions,
noise, odors, or outdoor storage and operations. The Project is a campus-like setting for a health
care facility which includes existing medical office uses; the proposed hospital building will not
generate nuisances related to emissions, noise, odors, or outdoor storage and operations.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City
of Dublin does hereby recommend that the City Council adopt an Ordinance approving a Planned
Development Rezone and Stage 1 and 2 Development Plan, attached as Exhibit A, for the Dublin Gateway
Medical Center Building 3 Hospital and Garage project.
PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
G:\PA#\2006\06-026 Dublin Gateway B1dg 3 Mod\Public Hearing Documents\PC\PC Reso PD Rezone_done.doc
30f3
\~~"b I~~
RESOLUTION NO. 07 - 25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL
APPROVAL OF A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR
THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPTIAL AND GARAGE
PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning
Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building
and a 4-level parking garage on 3.13! acres of land, located at 4084 and 4100 Dublin Boulevard (the
"Original Approval"); and
WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center
(formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned
Development Zoning District (P A 98-047); and
WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has
requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development
Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a
5-level parking garage (the "Project") on the same 3.13! acres ofland, located at 4084 and 4100 Dublin
Boulevard; and
WHEREAS, the Project would provide the Applicant with the option of constructing the Original
Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original
Approval and the Proj ect entitlements; and
WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2
Development Plan to allow for the following: 1) an increase in square footage on Lot 7 of Tract 7064 for
the Dublin Corporate Center (P A 98-047); 2) revisions to the site plan approved under P A 98-047; 3)
revisions to the landscape plan approved under P A 98-047; and, 4) revisions to the development
regulations approved under PA 98-047; and
WHEREAS, in accordance with the original Development Plan for Planned Development Zoning
District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98 incorporated herein by reference), the
Project requires approval of a Conditional Use Permit for the establishment and operation of a
Hospital/Medical Center; and
WHEREAS, Section 8.100.160.G of the Dublin Municipal Code requires a finding that the
Project is consistent with applicable specific plans for approval of a Conditional Use Permit; and
WHEREAS, one goal of the Eastern Dublin Specific Plan (the "Specific Plan") is that new
development pays for needed services [See Specific Plan, section 10.4; Policy 10-1.]. The Specific Plan
anticipates that revenues to pay for public services will come from property taxes, among other revenues
(section 10.2), and the Specific Plan indicates that the monies from the Specific Plan area are anticipated
Attachment 11
\-8'i'b \tg
to be enough by 2014. A fiscal study was done for the Specific Plan that shows revenues and expenses,
based on the assumption that property tax revenues are received from all properties; and
WHEREAS, property tax revenues were a significant component of the anticipated revenues
needed to pay for public services when the City adopted the Eastern Dublin Specific Plan (Eastern Dublin
EIR, Chapter 3.12 [concluding that property tax revenue was the primary form of new revenues]) and
Impact 3.12/A found that project-generated revenues would be sufficient to cover project-generated costs
after shortfalls in the early years assuming at least 25 percent share of property taxes. No mitigation was
therefore required; and
WHEREAS, in order to find the Project consistent with the Eastern Dublin Specific Plan, the
Conditional Use Permit is conditioned on the payment of funds to mitigate the loss of property tax
revenues if the hospital is owned and operated as a non-profit hospital and receives an exemption from
property tax pursuant to state law; and
WHEREAS, the Project requires approval of Site Development Review for the development of
the 6-story hospital building and 5-level parking garage; and
WHEREAS, any approval of the Conditional Use Permit and Site Development Review is
contingent upon City Council approval of the Planned Development Rezone; and
WHEREAS, pursuant to Section 8.96.020.C.3 of the Dublin Municipal Code, the Planning
Commission may transfer original hearing jurisdiction to the City Council at its discretion because of
policy implications, unique or unusual circumstances ofthe magnitude of the Project; and
WHEREAS, a complete application has been submitted and is available and on file in the
Community Development Department; and
WHEREAS, the Applicant has submitted project plans and exterior elevations dated received
May 3,2007, for the required approvals; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has
been prepared for the Project and a determination has been made that the proposed Project will not have a
significant effect on the environment. The Project has been found to be within the scope of the Program
EIR for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH
No. 91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND")
(SCH No. 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch
West EIR") (SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and
the Dublin Ranch West EIR, adequately describe the total Project for the purpose of CEQA. In
accordance with CEQA Guidelines Sections 15162 and 15164 an Addendum has been prepared; and
WHEREAS, the Planning Commission did hold public hearings on said application on April 24,
2007 and May 8, 2007; and
WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned
Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development
Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing
Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin
Boulevard and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area
to facilitate truck turning movements which would not interfere with vehicular traffic on Glynnis Rose
Drive; 3) relocate the trash enclosures to an internal location on the site; 4) include architectural elements
20f3
\~6Ub 1~6
on all four sides of the parking garage and revise the vegetative screen on the south elevation; 5) identify
operational equipment such as generators and oxygen tanks and how the location and screening of these
items will be addressed; and, 6) provide additional information on staffing levels (i.e. shift changes,
staffing plan) and parking requirements; and
WHEREAS, proper notice of said public hearings were given in all respects as required by law;
and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission refer
their decision making authority to the City Council; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does refer
their decision making authority for the Dublin Gateway Medical Center Building 3 Hospital and Garage
Project Conditional Use Permit and Site Development Review to the City Council pursuant to Chapter
8.96.020.C.3 ofthe Zoning Ordinance and also recommends City Council approval of said Project.
PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
G:\PA#\2006\06-026 Dublin Gateway B1dg 3 Mod\Public Hearing Documents\PC\PCReso Refer CUP SDR_done.doc
30f3
l~{.,~1S
RESOLUTION NO. 07 - 26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT FOR
THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE
PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD
APN 986-0016-021 & 986-0016-022
P A 06-026
WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning
Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a
4-level parking garage on 3.13::t acres of land, located at 4084 and 4100 Dublin Boulevard (the "Original
Approval"); and
WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center
(formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned
Development Zoning District (P A 98-047); and
WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has
requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review
and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level
parking garage (the "Project") on the same 3.13::t acres ofland, located at 4084 and 4100 Dublin Boulevard;
and
WHEREAS, the Project would provide the Applicant with the option of constructing the Original
Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original
Approval and the Project entitlements; and
WHEREAS, in accordance with the implementing measures of the Eastern Dublin Specific Plan, the
Project requires approval of a Development Agreement; and
WHEREAS, on April 24, 2007 and May 8, 2007 the Planning Commission did consider the
Development Agreement; and
WHEREAS, a complete application has been submitted and IS available and on file III the
Community Development Department; and
WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3,
2007, for the required approvals; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has
been prepared for the Project and a determination has been made that the proposed Project will not have a
significant effect on the environment. The Project has been found to be within the scope ofthe Program EIR
for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No.
91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH
No. 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR")
i
ATTACHMENT l~
,
1~1Ob It(
(SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the Dublin
Ranch West EIR, adequately describe the total Project for the purpose of CEQA. In accordance with CEQA
Guidelines Sections 15162 and 15164 an Addendum has been prepared; and
WHEREAS, the Planning Commission did hold public hearings on said application on April 24,
2007 and May 8,2007; and
WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned
Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development
Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing
Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin Boulevard
and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area to facilitate
truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive; 3) relocate
the trash enclosures to an internal location on the site; 4) include architectural elements on all four sides of
the parking garage and revise the vegetative screen on the south elevation; 5) identify operational equipment
such as generators and oxygen tanks and how the location and screening of these items will be addressed;
and, 6) provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking
requirements; and
WHEREAS, proper notice of said public hearings were given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend
City Council approval of the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered
all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding said proposed Development
Agreement:
1. Approval of the Development Agreement is consistent with the objectives, policies, general
land uses and programs specified in the General Plan and Eastern Dublin Specific Plan in
that, 1) the General Plan and Eastern Dublin Specific Plan land use designations for the Project
site is Campus Office with a provision for General Commercial uses through the Planned
Development Zoning process and that the Dublin Gateway Medical Center Building 3 Hospital
and Garage project is consistent with these designations; 2) the Project, as conditioned, is
consistent with the fiscal policies of the Eastern Dublin Specific Plan in relation to the provision
of infrastructure and public services; 3) the Development Agreement sets forth the rules the
Developer and the City will be governed by during the development process which is required by
the Eastern Dublin Specific Plan and the Mitigation Monitoring Program for the Eastern Dublin
General Plan Amendment and Specific Plan Environmental Impact Report (EIR)
2. Approval of the Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the real property is located in that,
1) as noted above, the Project is consistent with the General Plan and Eastern Dublin Specific
Plan land use designations of Campus Office; and 2) the Project is consistent with the
Development Plan for the Planned Development Zoning district in which it is located which
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allows for the establishment of a hospital as a conditional use and the establishment of a parking
garage as a permitted use.
3. Approval of the Development Agreement is in conformity with the public convenience,
general welfare and good land use practice in that, the Project will implement the land use
guidelines set forth in the General Plan and Eastern Dublin Specific Plan as proposed.
4. Approval of the Development Agreement will not be detrimental to the health, safety and
general welfare in that, the Project will proceed in accordance with the Development Agreement
and all conditions of approval for the Project.
5. Approval of the Development Agreement will not adversely affect the orderly development
of property or the preservation of property values in that, the Project will be consistent with
the City of Dublin General Plan and Eastern Dublin Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City
of Dublin does hereby recommend that the City Council adopt an Ordinance approving a Development
Agreement, attached as Exhibit A, for the Dublin Gateway Medical Center Building 3 Hospital and Garage
project.
PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
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