Loading...
HomeMy WebLinkAboutItem 4.02 AvalonBay Transit CtrG~~~ OF p~B~ f~ /// ~ ~\1 1`~, ~~2 ~ `~~LIFO~~~~ / DATE: TO: FROM: SUBJECT: STAFFREPORT CITY CLERK DUBLIN CITY COUNCIL File #^~^0^O -^~ 00 June 7, 2011 Honorable Mayor and City Councilmembers Joni Pattillo, City Manager Agreement submitted by Avalon Bay Communities, Inc. Report Prepared by Mike Porto, Consulting Planner ~ ~`50- 3D ~oo ° 60 Avalon Bay Communities, Dublin Station (Transit Center Site C) for Stage 1 Development Plan Amendment, Stage 2 Development Plan and Development EXECUTIVE SUMMARY: The City Council will hold a second reading of ordinances approving a Planned Development Rezone and a retated Stage 1 Development Plan Amendment and a Stage 2'Development Plan, and a Development Agreement for the Avalon Transit Center Site C. The proposed project is a residential project co.mprised of 505 apartment units, a 4,223 square foot fitness center, 733.spaces of structured, parking within two buildings, 25 private, on-street parking spaces, and 40 public on-street parking spaces on a combined 7.2-acre site located within the Transit Center Village planning area. FINANCIAL IMPACT: . None. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt Ordinances: 1) Approving a PD-Planned Development Rezone and related Stage 1 Development Plan Amendment/Stage 2 Development Plan and finding the project exempt under the California Environmental Quality Act for the Avalon Bay Communities Dublin Station project on Site C of the . Dublin Transit Center; and 2) Approving a~Development Agreement and finding the project exempt under the California Environmental Quality Act for Dublin Station, Site C, Dublin Transit Center between the City of Dublin and Avalon Bay Communities. S bmitted By Reviewe y Community Development Director Assistant City Manager Page 1 of 2 ITEM NO. ~• ~ PROJECT DESCRIPTION: The proposed project, Avalon Bay Communities, Dublin Station, Transit Center Site C (C1 & C2), is a residential project comprised of 505 apartment units, 4,223 square foot fitness center, 733 spaces of structured parking within two buildings, 25 private, on- street parking spaces, and 40 public on-street parking spaces on a combined 7.2- acre site located within the Transit Center. ~ ~ { I ~~ ' ~'_ ' . ~........_ . y yo CAMPBELL LAN _ _._.......... _.. 9 s :OURT ~ ~ .. l ~ dARE4 /99i ~ ~E l `UBSiAT10 i . , ~ ;.~-; . _,._ ~ AVALON DUBLIN STATION- SITE C " ,~ , ~ `~.~ t,.,..._.._~:l l \ ~r;: ~ .• ..'. J ~ ... ~ ~ ~ ; -- -. .... ~ ~____. ---. ~ _....J -- - , CAMPBELL GREEN ~ ^ _ _, .r, -._;,-'__ ~ ;. . \~ ~,:; .~ `~ ~ ~ 8l~F ``.. Map 2: Proposed Site Plan ...;....._ ,s : ~~f~;:: ~!JT~.~ ;; C ;::::,,...:. :;:: ~ The Planning Commission held a public hearing on March 22, 2011, and reyiewed and approved a Site Development Review' (SDR) permit and Vesting Tentative Map (VTM.) and ~ recommended that the" City Council ~ adopt Ordinances approving the proposed Planned ~ Development Rezone and Development Agreement. Subsequently, on April 1, 2011, the Carpenter's Union Local 713 appealed the Planning Commission's approval of the SDR ~and VTM. ~ On May 17, 2011, the City Council held a public hearing to consider the appeal and to consider the proposed Ordinances. The City Council upheld the Planning Commission's decision and denied the appeal. The City Council also waived the reading and introduced the Ordinance approving the Planned Development Rezone with a Stage 1 Development Plan Amendment and a related Stage 2 Development Plan and waived the reading and introduced the Ordinance approving a Development Agreement. Please refer to the May 17, 2011 City Council Staff Report for a complete discussion of these Ordinances (Attachment 1). The City Council is currently requested to waive the second reading and adopt the Ordinances (Attachment 2 and Attachment 3). ATTACHMENTS: 1) City Council:Staff~ReporE dated May 17-, 2011 (without attachments). 2) Ordinance approving a PD-Planned Development Rezone and related Stage1 Development Plan Amendment/Stage 2 Development Plan and finding the project exempt under the California Environmental Quality Act for the Avalon Bay Communities, Dublin Station Project on Site C of The Dublin Transit Center. 3) Ordinance approving a Development Agreement and finding the project exempt under the California Environmental Quality Act for Dublin Station, Site C, Dublin Transit Center, between the City of Dublin and Avalon Bay Communities with the Development Agreement attached as Exhibit A. G:IPA#12006106-060 Dublin Transit Center Site CICC Mtg 06.07.11 2nd ReadinglCCSR 6 7 11 Avalon 2nd Reading.DOC „ Page 2 of 2 vnaxr To eE cor~s*pucreo w rno PNASE9INTM SITE C' STMTING FIFST aun<rtvnrnirn~wn . I ~ OE D ~ ~ G~~~ U~~~2 ~ 19`~;~~~ STAFF REPORT C I T Y C ~_E R K ~`~.,,~~~~ ~ DUBLIN CITYCOUNCIL F11e#oaoo ao ~-~o - ~~ _ DATE: May 17, 2011 ~~ ..~0 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC : PUBLIC HEARING: PA 06-060 Avalon Bay Communities, Dublin Station (Transit Center Site C) for (1) Stage 1 Development Plan Amendment, Stage 2 Development Plan and Development Agreement submitted by Avalon Bay Communities, Inc.; and (2) the appeal of the Planning Commission approval of the Vesting Tentative Map and Site Development Review for Avalon_ Bay Communities; Inc. PA 06-060 (appeal filed by Carpenters Local 713) Report Prepared by IVlike Porto, Consulting Planner ~ EXECUTIVE SUMMARY: `', .~ . .~ ~~ The proposed project, Avalon Transit Center Site C; is' a~ residential projeck comprised of 505 ~ apartment ~nits, a 4,223 square foot fitness, center, 733 spaces of structured~ parking within two ~ - buildings; 25 private, on-street parking spaces, and 40 public on-street parking spaces on a combined 7.2-acre site located within the Transit Center Village planning area. . ~' FINANCIAL 1MPACT: None ~ RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant, Appellants, and the public; 4) Close the public hearing and deliberate; 5) Waive the reading and introduce an Ordinance approving a PD- Planned Development Rezone and related Stage 1 Development Plan Amendment/Stage 2 Development Plan and finding the project exempt under the California Environmental Quality Act ,for ;Avalon Bay Communities, Site C, Dublin Transit Center; 6) .Waive .the. reading~,and introduce an Ordinance approving a Development Agreement and finding the project exempt under the California Environmental Quality Act for Dublin Station, Site C, Dublin Transit Center, between the City of Dublin and Avalon Bay Communities; and 7) Adopt a resolution affirming the Planning Commission decision approving Site Development Review and Vesting Tentative Tract Map 7929 and finding the project exempt under the California Environmental Quality Act for Avalon Bay Communities, Site C, Dublin Transit Center. ~ , ~C~~ mitt d By Revie ed y Community Development Director Assistant Ci anager Page 1 of 10 - ATTACHMENT 1 ~~-~~ ~~~ ~ ~~ ~ PRIJJECT DESCREPTIUN: Background Location 8 ExisPin,g Use Site C(C1 & C2, combined) is a 5-sided site located immediately narth of the BART station underpass entry. The sita is loca#ed within the laop area at the intersecting terminus af the two streets providing access to the Bay Area Rapid Transit (BART) station. These streets are Iran Horse Parkway to the east and Demarcus Boulevard to the west. Site C is comprised of two legal parc~ls of approximateiy 3.6 acres each divided by a north-snuth spine or corridor shown an the plan as Hamlet Lane. C-1 is to the west and C-2 is to the east (see Map 2 below). The site currently is used as a surface parking lot of approximately 1,086 spaces for the BART station. These spaces will be eliminated as the 1,528-space BART station parking structure was built to free Site C for development. Additionally, there are 295 BART surface parking stalls located adjacent to the BART garage and in an open lot west of DeMarcus Slvd. . ~': ' Camillia Place A'valon at Dublin . ~" ~~~ ~~'~~~ ~ ~ ~ ~. ~r ~ ~~ Station I B2 ~~~~ - ~--~-•~~r Metropolitan ~ ~ ,.. _ _ . Future Office E2 Future Fiotel ,,, Office D1/D2 ~ Eian B1 ~ ~ Future Apts A3 Surraunding Uses PROJECT ~:1~Iap 1- Aerial Photo Pro,ject Site Uses surrounding and adjacent to the project site are described as: a) To the north: High density residential and mixed use projects (Elan and Avalon Bay) Ipcated across the village green/cammunity greenbelt from the project site known as Campbeli Green; ~ b) To the sautheast: Recently completed BART Station parking structure and bus parking along the opposite side of Iron Hors~ Parkway; c) To the east: Planned far hotel and/or affice use but currently vacant; Page 2 of 10 ~~a~ d) To the south: BART Station and underpass beneath the I-580 right-of-way to the BART station platform; and e) To the west: Open-air bus terminal, surface parking, and a Pacific Gas & Electric power substation. .. . .,.:. __,, : ruturtnYnK~MeHn ~U,~ Proposed Project: ~ I~I ~ - ` ~ ~"""~ ' ~` . ~~ _, The proposed project, Avalon ~~ ~'"'~ ~---`u~ ~E""~" --- c Bay Communities, Dublin ~,,T ~ . ~E ~ ' , ~ Station, Transit Center Site C u~~~ ; ~ ~~/ ; ---_ ~ :;,::&1RTPAR!(IhG ~ 1~ ~Y~,`F TUI ~C~ 8c C2~, IS a residential • i sunowcc~ eunninca ~ ~~oi project comprised of 505 AVALON DUBUN , ~~ :~=;::.`_E apartment units, 4,223 square $TATION•SITEC • ~\ . -~~ ~ j ~ - foot fitness center, 733 spaces ~~ ~~~~ ,~,:P ~ ~e _~ ~ of structured parking within ~~,~ `.~ . ~,Q~ two buildings, 25 private, on- ` ' .~ '' '; . '~ ~ ` ~ ' ~eo~nrmdnemunqb ` \` HORSE ,/ BMTPAFI@!G street parking spaces, and 40 ~ " ' ~wtvumuo maxo~ wun a . . ~arm ~~umhue~uoovgow ~~~~~ ~ . . . public on-street parking ,~,,,~„o„~,,,~ ~ :;titi,:~,~:,:, ~.:;;~: ., spaces on a combined 7.2- ~"""`~"~' .: `~~ ~Y ~y ::... i.,,..H . taomroffmmwcr~xrno acre site located within the ~~~ „„;~,~°~ . ~~ . ~ . ~--- . Transit Center as further ~ _ , . , . . described below. ,~ ~ Map z: Proaosed Site Plan : • Residenfial -The residential structures will be located within the northerly portion of Sife C while the parking structures are located in the southerly V-portion. The 5-level build.ing on ~ Site C-1 (west side adjacent to Demarcus Boulevard) includes 250 units, and the building on G2~includes 255 units for a combined total of 505 units. The residential uses are oriented ~ towards both public open space area and private common open space area`. The: village ~ greenbelt provides public open space to the north. Each building also is designed around a~ground level open area which will provide private common area open space . and recreational amenities for the residents of the proposed project. • Commercial - The applicant is not proposing any ancillary commercial development at this time. However, to maintain the look of commercial development, commercial architecture is being applied to the residential units fronting the central plaza at the south end of the project, at the fitness center located at the northeast corner of the project and for two units _. facing Iron;:Horse _Parkway just south of the_fitness center. : ; . : ~ ~,~~,~:>:.. ~~,~ ,-;...~. ..~:; Parking Structures - A parking structure abuts the south side of each of the two apartment buildings. The parking structure on Site C-1 provides 362 spaces on 5 levels. The parking structure on Site C-2 provides 371 spaces on 5 levels, for a total of 733 spaces. Primary vehicufar access to the parking structure on Site C-1 is taken from Demarcus Boulevard on the west. Primary access to the parking structure on Site C-2 would be taken from Iron Horse Parkway. The corridor that separates Sites C-1 and C-2 is identified as Hamlet Lane. Hamlet Lane connects to Campbell Lane and serves as a pedestrian corridor with limited vehicular access (private on-street parking, trash collection and emergency vehicular access) through Site C ending in a cul-de-sac and pedestrian plaza at street level directly across from the Dublin- Pleasanton BART Station. The building lobby for each of the two sites and secondary access Page 3 of 10 ~ a~ ~ t~ each of the two parking structures are located off of Hamlet Lane. This street also accoi-nmodates emergency and trash coliection vehicles. The project entitlements inciude a Stage 1 Development Plan Amendment to change the number of units allocated on Sites A, and C, a Stage 2 Development Plan to establish development standards, architectural and landscape guidelines for Site C, a Site Development Review for the overall design of the site, a Vesting Tentativ.e Tract Map to allow for eventual sale for condominium purposes and a standard Development Agreement. The Planning . Commission approved the Site Development Review and Vesting Tentative Tract Map subject to City Council approval of the Stage 1 Development Plan Amendment and Stage 2 Development Plan. The Planning Commission approvals were appealed to the City Council. The City Council is considering the Appeal. The Planning Commission recommended that the City Council approve the Stage 1 Development Plan Amendment, the Stage 2 Development Plan and the Development Agreement. The City Council is currently requested to consider approval of the Stage 1 Development Plan Amendment, the Stage 2 Development Plan and the Development Agreement. ANALYSIS: Staqe 1 Development Plan , :.' ,. ,. . .. . ~ The Applicant is ~pcoposing an amendment to the Stage,' 1 Development Plan'to increase ~the ;~ : F~ ;: number of units allowable on Site C from 405 to 505. In order to not increase ~the allowable ..: maximum 1,500 units for High Density Residential areas in the overall Transit Center under the'. ~~` •' Specific Plan; Alameda"County Surplus Property Authority, as the owner of Site A, has agreed -. to reduce the number-of allowable units on Site A from 530 to 430. (See Attachment No. 1) - -~ Page 4 of 10 5~a The "Dublin Transit Center: Proposed Land Uses" chart found on page 1.13 of the Stage 1 Development Plan would be amended as follows to shift 100 units from Site A to Site C. The reallocation of units between Sites A, B and C is specifically authorized under Note 4 of the "Dublin Transit Center: Proposed Land Uses" chart. With .this change, the overall maximum number of units within the High Density Residential areas (Sites A, B and C) remains 1,500 units consistent with the Specific Plan. The chart shows a strike out for the item to be changed and the revised number highlighted: Dublin Transit Center: Proposed Land Uses Site Area Area GP/EDSP Max. Max. FAR Density FAR Density Ancillary Ad'I (gr.ac.) (net Land Use Sq. Ft. Units (gross) (gross) (net) (net) Retail Units ac. S . Ft. A 10.92 8.29 High Density a3A 49 64 , Res 43Q ' 3.9, 52 B 12.00 8.10 High Density 565 47 70 15,000 Res C 8.58 5.80 High Density ~ 495 ~ 4~ ~9 25,000 . Res 50:5 59 87~ D-1 3.50 2.50 Campus 190,000 1.25 1.74 7,500 150 Office D-2 17.32 12.10 Campus 950,000 1.26 1.80 ' Office ~ E-1 6.28 4.10 ~ Campus .300,000 1.10 1.68 15,000 . . 150 . - F Office. ., . E-2 11,20 . 7.70 Campus 560,000 1,15 1.67 ' ~ Office F 12:20 . 8.73 Neighborhood ` ~ Park P/SP 8.65 7.93 Public/Semi- 7,500 . ~ Public 7otal 90.65 65:25 ~ 2,U00,000 1,500 70,000 . 300': Summary .. E. . . . 90.65 ~ 65.25 " ' a/b/c 31.50 22.19 High Density 1,500 48 68 40,00~ • Res d/e 38.30 26.40 Campus 2,000,000 1.20 1.74 22,500 300 Office F 12.20 8.73 Neighborhood N/A N/A Park p/sp 8.65 7.93 Public/Semi- N/A 7,500 Public NOTES: 1. Ancillary retail square footage is included in Campus Office, Residential or Public Use densities, and would be limited to local-serving uses in ground floor space' along' Iron Horse Pa~kway. ~ ' ' 2.. Sites D-1 and E-1 would be "flex" parcels, and could be developed with up to a total of 300 units of residential development. 3. A hotel or mixed-use hotel/o~ce project is encouraged on Site D-1 that could share off-hour BART parking. 4. Maximum square footage and maximum units per site can be exceeded, as long as the total square footage or units is not. Staqe 2 Development Plan r Most of the standards and requirements of a Stage 2 Development Plan required by Chapter 8.32.030.6 of the Zoning Ordinance were adopted with the Stage 1 Planned Development Zoning for all of the Dublin Transit Center. The Stage 1 Planned Development Zoning established the permitted, conditionally permitted, and accessory land . uses; site areas and proposed densities; maximum number of residential units and non-residential square footages; and a Master Landscaping Plan. Page 5 of 10 ~~a~ The approved Stage 1 Development Plan provides development standards such as building height, number of stories, building setbacks and a parking ratio of 1.5 parking stalls per unit and suggested high-density residential development in 4 or 5 stories either over podium parking or with the units "wrapped" around the parking structures as is the case with this project. The adopted Planned Development zoning also limits ancillary retail and services to the ground floor frontage along Iron Horse Parkway. The development of Site C complies with the Stage 1 Planned Development Zoning, as amended, for the Dublin Transit Center as it is compatible with the Dublin Transit .Center land use concept to maximize transit opportunities presented by the adjacent Dublin/Pleasanton BART Station and will contribute to an accessible and pedestrian-friendly environment in proximity to the BART Station. The Stage 2 Development Plan for Avalon Transit Center, Site C has been designed to be consistent with the Stage 1 standards as proposed to be amended. The proposed Site Development Plan is reflective of the Stage 2 standards in terms of lot area, lot dimensions, lot coverage, type and number of units, location and number of parking spaces, setbacks, architecture, and affordable housing. A City Council Ordinance approving a Stage 1 Planned Development Amendment and a Stage 2 Development Plan is included as Attachment No. 2. Deve{opment Aqreement . Projects within the Eastern Dublin Specific~ Plan (EDSP) require a Development Agreement between the City and the Developer: California GoVernment Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement f~r the development of real prope~ty with any person having a legal or equitable interest in such property in order to obtain certain .commitments and establish certain development rights for the property. ~ The,.Development Agreement must be approved prior to recordation of the final Tract Map and issuance. of building `permits for the development of the property. , The proposed Development Agreement provid'es security to the developer that the City will not change its zoning and other laws applicable to the project for a period ending 5 years from the date of effectiveness. The City also benefits from entering into the Development Agreement with the property owner. This document is a contract that establishes obligations for meeting the goals of the EDSP and guarantees timing for construction of public infrastructu~e and facilities for the project area. Additionally, it ensures that dedications of property and easements are made, project phasing is, followed, the appropriate fees are. paid for the development, and any additional terms of the agreement~ a~e carried out as development proceeds. The proposed Development Agreement also would be consistent with the preceding development agreements on other Dublin Transit Center sites except that minor modifications have been made to account for changes in inclusionary housing provisions for this project. In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, make commitments which the City might otherwise have no authority to compel the Developer to perform. Specifically, the Development Agreement augments the City's standard development.regulations; defines the precise financial responsibilities of the Developer; ensures timely provision of adequate public facilities for each project; and provides terms for the Developer to advance funds for specific facilities which have community or area-wide benefit or for reimbursement from future development, as appropriate. Since the Development Agreement runs with the land, the rights thereunder can be assigned. Specificalfy, Section 17 of the Development Agreement would delegate authority for approval of such requests for transfer or assignment to the City Manager. Page 6 of 10 ~ ~ ~ An Ordinance approving the Development Agreement between the City of Dublin and Avalon Bay Communities, Inc. is included as Attachment 3 with the Development Agreement attached as Ezhibit A. , PLANNING COMMISSION ACTION The Planning Commission reviewed the project previously at a Study Session held on December 9, 2008. The Planning Commission provided comments in the context of the Community Design and Sustainability Element of the General Plan and had listed concerns regarding Sense of Arrival and Distinctive Identity as well as roof articulation, building colors and parking garage lighting. The Applicant revised the project to address the Planning Commission's concerns. The Planning Commission held a public hearing on September 14, 2010 to review the proposed project. The Planning Commission reviewed and approved the Site Development Review and Vesting Tentative Tract Map and recommended that the City Council adopt Ordinances approving a Stage 1 Development Plan Amendment, . a Stage 2 Development Plan and a Development Agreement. The Applicant subsequently requested that this project be removed from the City Council Agenda in order to further revise the project. The Applicant revised tfieir project to add additional units and to make minor design ~- ~ modifications. The Planning Commission considered ~the revised project with the ~va~ious - ~ modifications at their meeting of March 22, 201-1 and unanimously {Commissioner Wehrenberg ~ was absent) appcoved the Site Development Review and Vesting ~Tentative Tract Map and further recommended that the City Council approve the Ordinances for the Stage 1 ~ ~ Development Plan ~Amendment, the Stage 2 Develop'ment Plan and the Ordinance approving the Development Agreement (Attachment 4, 5 and 6): The Applicant's Sife Development Review ' and Vesting Tentative Tract information is inel.uded as Attachment 7. The Planning Commission Staff Report, without attachments and: the minutes from their meeting on March 22, 2011 are included as Attachments 8 and 9. APPEAL OF PLANNING .COMMISSION APPROVAL OF VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW ~ The Planning Commission approved the Vesting Tentative Map and Site Development Review for the proposed Project (Project) on March 22, 2011. The Planning Commission found that the Rroject is exempt from the California Environmental Quality Act (CEQA) under~ Government Code section 65457 and none of the requirements for preparation of a Supplemental Environmental Impact Report (EIR) are met. On April 1, 2011, Carpenters Local 713. (Appellants) filed an appeal to the City Counci{ of the Planning Commission decision (Appeal). The Appeal objects to the CEQA environmental review for the Project. The Appeal attached a letter from a law firm representing the Appellants that sets forth the CEQA objections (See Attachment 10). The Appellants generally argue that the Project is not exempt from CEQA and the City is required to prepare a Supplemental EIR for the Project. The Cify Attorney's Office and Staff have carefully reviewed the objections raised by the Appellants. The City Attorney's Office and Staff believe that the Project is exempt from CEQA review and all objections raised in the Appeal are without merit. Therefore, Staff recommends that the City Council affirm the Planning Commission decision finding the Project is exempt from CEQA and approving the Vesting Tentative Map and Site Development Review for the Project, and deny the Appeal (See Attachment 11). Page 7 of 10 g ~ Proiect is Exempt from CEQA The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Flan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage~ 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395) (Specific Plan EIR or EIR). The Project is a. residential project because it consists of 505 residential units and ancillary parking and fitness center uses. The fitness center is a permitted use to serve the residences of the Project under the PD Zoning for areas zoned High-Density Residential. The Project is consistent with the Specific Plan because the Plan allows up to 1,500 residential units on sites ,. designated High Density Residential. Sites A, B and C are the only areas designated High Density Residential in the Dublin Transit Center project area. The Project will result in 505 units'. on Site C. ~ The Project includes a reduction of maximum units on Site A under the PD Stage 1 Development Plan Amendment, so that the overall maximum number of residential. units on ~ .: ~:' ~. Sites A, B and~C is 1,500~ units. :The:1,500 unit maximurn:under the..PD Stage:1:~Development~ :~~i.':~~-Rlan =-Amendment:' is consistent with the Specific Plan. The reallocation::of.~ the 1~;500 units ~. ~:; between Sites A, B and C is consistent with the Specific Plan: Note .4 of ~the.-Proposed Land ~ ~ Use Table (p.~ 1.13) states: ."Maximum square footage and maximum units ~ per site can be exceeded, as I"ong as.the total square footage or units is not". (City'Council Ordinance No. 21- .. ~- ~02 Approving a Stage 1 Development Plan for the Dublin Transit Center Project (Section 3)). . ,~`:-':The environmental review..for the: Project is the Specific Plan EIR certified by the Gity Council in ~ ~ 2002. - :~ o . . . There is no substantial evidence in the record showing that the standards for preparation of a Subsequent or Supplement EIR under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 have occurred or are met for the Project. The CEQA standards for a Subsequent EIR are narrow. Since an EIR has been certified for the Project, CEQA creates a presumption that no subsequent EIR is required unless certain limited exceptions are met. The existence of these exceptions must be supported by substantial evidence. An explanation of why each of the subsequent EIR standards are not met is , ,. ~~ ~~~ ~•provided below. , . . , . $ ~,. , . .. ., .. . . ~, . t , . r~:. ; :_ ~,, .... There are no substantial changes to the Project requiring major revisions to the Specific Plan EIR due to new significant or substantially more severe environmental effects than previously identified in the EIR. The Project is consistent with the Specific Ptan and no amendments to the Specific Plan are required for Project approval. There is no substantial evidence of substantial changes to the circumstances under which the Project is undertaken requiring major revisions of the EIR due to new significant or substantially more severe environmental effects than previously identified in the EIR. The circumstances under which the Project is undertaken are substantially the same and any changes do not result in a new or substantially greater impact from those identified in the EIR. There is no substantial evidence of new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, showing any of the following: (i) new significant or substantial{y more severe environmental effects than previously identified in the EIR; (ii) mitigation measures or alternatives previously found not to be feasible would in Page 8 of 10 ~a fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (iii) mitigation measures or alternatives which are considerably different from those analyzed in the EIR that would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Grounds for Appeal Are Without Merit The Appellants have alleged that the Project is not exempt from CEQA.and the standards for requiring a subsequent EIR are met. However, the Appellants have not produced substantial evidence to show the exemption does not apply or the subsequent EIR standards are met. Responses to each of the issues raised by the Appellants are addressed in Attachment 12 to this Staff Report. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was. also published in the Valley Times and posted at several locations throughout the City. ~. :The: public'notice was mailed to the Applicant and Appellants: A:copy~ of this Sta.ff. Rep.ort was;pr'ovided to;the Applicant and Appellants. .: ,. :~ >. ,_. ENVIRONMENTAL REVIEW: The Project is exempt_ from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as ;a residential ~project that is consistent with a Specific Plan for which ari EIR.has been certified: The Project is a residential project consistent with the Eastern Dublin. Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, ~ Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395). The Project is consistent with the 1500 maximum number of dwelling units for High Density Residential areas (Sites A, B and C) established in the Specific Plan approval. The Project only proposes to reallocate the units between Sites A, B and C within the 1,500 unit maximum: Overall, the Specific Plan Project remains~-° an in-fill, ~ high=density;,~ transit~'.oriented development with~ a mix of commercial and residential uses focusing on its lacation adjacent to a BART station. None of the standards under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 for preparation of a subsequent or supplement EIR have occurred or are met for the Project (See discussion in Proiect is Exempt from CEQA section above and in Attachment 11). No further environmental review is required. ATTACHMENTS: 1) Letter from Alameda County Surplus Property Authority. 2) Ordinance approving a PD-Planned Development Rezone and related Stage1 Development Plan AmendmenUStage 2 Development Plan and finding the project exempt under the California Environmental Quality Act for the Avalon Bay Communities, Dublin Station Project on Site C of The Dublin Transit Center. , . :~~: - . :~`.: Page 9 of 10 ~~ a ~ 3) Ordinance approving a Development Agreement and finding the project exempt under. the Catifornia Environmental Quality Act for Dublin Station, Site C, Dublin Transit Center, between the City of Dublin and Avalon Bay Communities with the Development Agreement attached as Exhibit A. ~ 4) Planning Commission Resolution 11-09 approving Site Development Review and Vesting Tentative Tract Map 7929 for Avalon Bay Communities, Site C, Dublin Transit Center. 5) Planning Commission Resolution 11-10 recommending that the City Council adopt an Ordinance approving a Stage 1 Development Plan Amendment and Stage 2 Development Plan for the Avalon Bay . . Communities Dublin Station Project on Site C of the Dublin Transit Center. 6) Planning Commission Resolution 11-11 recommending that the City Council adopt an Ordinance approving a Development Agreement for ~- Dublin Station, Site C, Dublin Transit Center, Avalon Bay ~ Communities. ~ .. 7.} . Applicant's~ Packet of information. ' . ~ - ~ ~` _~ ~. ~8)' ~ ~Planning-•sCommission ~~Staff Report dated March 22, 2011, without : .., ~ attachments.`> : . • . ' 9j Planning Commiss'ion,.Meeting minutes dated March 22, 2011. = 10) Appeal ~of Planning Commission Approval of Vesting Tentative Map ~ ~. and Site: DeVelopment Re~iew, dated April 1, 201~1. ~ ~ `11) Resolution':affirming tFie Planning Commission Decision approving Site - ~ Development' Review and Vesting Tentative Tract Map 7929 and ` finding the project exempt under the Califomia Environmental Quality Act for Avalon Bay Communities, Site C, Dublin Transit Center. 12) Response to Issues Raised on Appeal. , . .., . ,Y,.. ..; . .. ,_,.. ,: ~ ,,- •• , . ~. , .. _, . . . . . ., . r, ~. G:IPA#12006106-060 Dublin Transrt Center Site CICC Mtg 5.17.111CCSR 5.17.11 Avalon.DOC Page 10 of 10 // ~`~ ~ ORDINANCE NO. XX -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** APPROVING A PD-PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT/STAGE 2 DEVELOPMENT PLAN AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE AVALON BAY COMMUNITIES DUBLIN STATION PROJECT ON SITE C OF THE DUBLIN TRANSIT CENTER PA 06-060 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: ~ar.tinn 1 RFC'.ITAI 4 A. The Dublin Station project site is located in the Dublin Transit Center.~ Through Ordinance 21-02, the City Council adopted PD-Planned Development zoning and . a related Stage 1 Development Plan which, among other approvals, established:the maximum number of residential units for Dublin Transit Center at 1,500 units.. .. ~.. ~ . B. Through ~ Ordinance 2`1-02, ~the City Council established the maximum number ,of residential units for.Site C at 405. Ordinance 21-02 also adopted the maximum number of dwelling units on Site A(530) and Site B(562) and made provision for potentially 300 additional units to be allocated to.Sites D-1 and E-1. Subsequently the City Council, on February 6, 2006 by Ordinance,04-06, assimilated,the. 300 additional units totally onto the E-1 Site (Metropolitan). . These. additio.nal units are not affected by the project. ' C. l The Dublin . Station .project amends the previously approved PD-Stage 1 Devel,opment Plan and provides the required Stage 2 Development Plan to increase the residential units on Site C from 405 to 505 units, and reduce the number of units on Site A from 530 to 430. With this amendment, the maximum total number of units on Sites A, B and C shall remain 1,500 units as authorized under the Eastern Dublin Specific Plan Amendment for the Transit Center Project. Section 2. FINDINGS ~ ~ ~ ~~ A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Dublin Station Planned Development Zoning, including an amended Stage 1 and a Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 in that it maintains the residential character and high density approved for the Dublin Transit Center for Site C while providing additional high quality residential units in keeping with the overall design intent. The amended development plan maintain a desirable use of land that complements surrounding land uses, particularly through the central open space pedestrian corridor connection to the Campbell Green and Dublin Station and Elan to the north. Page 1 of 11 A'TTACHMENT 2 /a a ~ 2. The PD rezone with amended Stage1 Development Plan and Stage 2 Development Plan for Dublin Station will be harmonious and compatible with existing and potential development in the surrounding area in that the Project continues to reflect and implement the type and scale of development envisioned in the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to the character and density of the adjacent developments. It provides attractive and interesting development on its five street frontages and maintains pedestrian connectivity to its companion residential development on Site B through the central open space corridor (Hamlet Lane) and the centralized community green (Campbell Green). B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD rezone with amended Stage1 Development Plan and Stage 2 Development Plan for Dublin Station will be harmonious and compatible with existing and potential development in the surrounding area in that the Project continues to reflect and implement the type and scale of development envisioned in the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to the character and density of the adjacent developments. It provides attractive and interesting development on its five street frontages and maintains pedestrian connectivity to its companion residential development on Site B through the central open space corridor (Hamlet Lane) and the centralized community green (Campbell Green). 2. The Project Site is physically suitable for the type and intensity of the zoning district being proposed in that the Project maintains the general character and density of the adjacent developments and will implement all adopted California Environmental Quality Act (CEQA) mitigation measures identified in the prior Environmental Impact Report (EIR) related to potential environmental impacts associated with development of the site. With five street frontages the Project site is highly accessible and provides for extensive pedestrian mobility through sidewalks and the central pedestrian corridor. 3. The PD rezoning with amended Stage1 Development Plan and a Stage 2 Development Plan will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because the Project will comply with all applicable development regulations and standards and will implement all applicable mitigation measures in the prior EIR. The Project complies with the development anticipated in the Dublin Transit Center EIR. 4. The PD rezoning with amended Stage1 Development Plan and Stage 2 Development Plan is consistent with the Dublin General Plan and Eastern Dublin Specific Plan in that the amended development plan remains consistent with the High Density Residential uses and densities. C. The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated Page 2 of 11 ~3 a ~ November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395). None of the standards under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 for preparation of a subsequent or supplement EIR have occurred or are met for the Project. No further environmental review is required. The evidence to support this finding is set forth in the record as a whole, including the staff report and the attachments thereto. Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development d istrict: 7.21 gross acres within APN 986-0034-005-02. A map of the rezoning area is shown below: Section 4. STAGE 1/2 QEVELOPMENT PLAN APPROVAL The current regulations for the use, development, improvement, and maintenance of the subject property are set forth in the Ordinance 21-02 PD-Stage 1 Development Plan. Amendments to the PD-Stage 1 and new Stage 2 Development Plan, as set forth below, are hereby approved. Any amendments to the approved PD-Stage 1/Stage 2 Development Plans shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. Page 3 of 11 VICININ MAP ~ l~ ~ ~ ~ Amendment to PD-Stage 1 Development Plan Ordinance 21-02. This Ordinance amends Ordinance 21-02, Section 3, "Site Area Proposed Densities", to increase the maximum number of units for Site C from 405 units to 505 units to reduce the number of units on Site A from 530 to 430. Specifically, the Stage 1 Planned Development Rezone Amendment booklet dated December 3, 2002 as it relates to Dublin Station Site C, Site A and Site B which Ordinance 21-02 incorporates by reference is amended as follows: Site Area Area GP/EDSP Max. Max. FAR Density FAR Density Ancillary Additional (gr.ac.) (net Land Use Sq. Ft. Units (gross) (gross) (net) (net) Retail Units ac.) Sq. Ft. A 10.92 8.29 High Density ~38 49 64 Res 430 39 52 B 12.00 8.10 High Density 565 47 70 15,000 Res C 8.58 5.80 High Density 4A5 4~ ~8 25,000 Res 505 59, 87 D-1 3.50 2.50 Campus 190,000 1.25 1.74 7,500 150 Office D-2 17.32 12.10 Campus 950,000 1.26 1.80 Office E-1 6.28 4.10 Campus 300,000 1.10 1.68 15,000 150 Office E-2 11.20 7.70 Campus 560,000 1.15 1.67 Office F 12.20 8.73 Neighborhood Park P/SP 8.65 7.93 Public/Semi- 7,500 Public Total 90.65 65.25 2,000,000 1,500 70,000 300 Summa 90.65 65.25 a/b/c 31.50 22.19 High Density 1,500 48 68 40,000 Res d/e 38.30 26.40 Campus 2,000,000 1.20 1.74 22,500 300 Office F 12.20 8.73 Neighborhood N/A N/A Park p/sp 8.65 7.93 Public/Semi- N/A 7,500 Public NOTES: 1. Ancillary retail square footage is included in Campus Office, Residential or Public Use densities, and would be limited to local-serving uses in ground floor space along Iron Horse Parkway. 2. Sites D-1 and E-1 would be "flex" parcels, and could .be developed with up to a total of 300 units of residential development. 3. A hotel or mixed-use hotel/office project is encouraged on Site D-1 that could share off-hour BART parking. 4. Maximum square footage and maximum units per site can be exceeded, as long as the total square footage or units is not. Stage 2 Development Plan The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance Dublin Station, Dublin Transit Center, Site C only. The Stage 2 Development Plan consists of the items and plans identified below. Page 4 of 11 ~5 a ~ 1. Statement of compatibility with Stage 1 Development Plan. The Dublin Station Stage 2 Development Plan is consistent with the Stage 1 Development Plan for Site C of Dublin Transit Center, as amended, in that it provides for High Density Residential uses and density with an open space corridor as approved in Ordinance 21-02. 2. Statement of uses. Permitted, conditional, accessory and temporary uses are allowed as set forth in Dublin Transit Center Stage 1 Development Plan District adopted by Ordinance 21-02. 3. Stage 2 Site Plan. The Stage 2 Site Plan for Dublin Station, Dublin Transit Center, Site C is set forth below: fIAN o.s.l¢~ .. . _.... . ~ , OIAi1N StA71Qq RK9E ~ ~.vW.... :.. ~"~' ~.i,~~,' ~.Y b.F ~ ~~ ~ A~"'.a iW'~ ~ ~~ r >(d_'. ~ ~ e . ~s ;sa ~ ~ ~ ~ ~f~ ~.. ~ " ~_ i ; Fv~uwE p r~uu~r.~ ~ ! ; ~ ."`- r °' 1 ; ~ ~- ~ ;~. ~.., ~ ~: ~~+ .~~' .,~ ~ , :, ,;~,; ,~ ~ ~ , ,~ . ~ } arNUCna~ ~ ~ ~ ~, ,. ~ r ~ta i - J' K ,c .~. .~ ..~ ~~ _ _ ~ S_~ ~, sff aa ,, > I `-~ COIOR SIIE PLAN ~ea s~r o-, uv~ a~rE PuN ~ «... ro... toa ~ NFOanwtuN 4. Site area, proposed densities. The gross and net area of the Stage 2 site, maximum densities and maximum numbers of residential units by type for Site C are set forth in the Table below: Site Area Area GP/EDSP Max. Max. FAR Density FAR Density Ancillary Additional (gr.ac.) (net Land Use Sq. Ft. Units (gross) (gross) (net) (net) Retail Units ac.) Sq. Ft. C 8.58 5.80 High Density 495 4~ ~9 25,000 Res 505 , 59 87 Page 5 of 11 l6 ~ ~d 5. Development Regulations: Parking Ratio Units/S Ft Re uired Provided +/- Residential ara e 1.5 Sp/Unit 505 758 733 (1.45 -25 Private On-Street n/a 25 +25 Public On-Street n/a 40 +40 TOTAL PARKING 758 798 +40 'All other development regulations, e.g., lot areas, setbacks, lot coverage, density, building height limits, driveways and other development standards, etc. are as specified I the Stage 1 Development Plan. 6. Architectural Standards: ~ ~~ A~ arur.w~l~ na,~a.mec f ~'.."°" 1 ~~. " .r..K ~ ~ ~ ~ ~~ ~-~'r~'P ~ ~mrur frriekawae~. ~a msn ruwwMT ~~.~~ •••a~rr Page 6 of 11 ~~ a ~ ~~ ~~ .~~.~~ ~~.~ , ~:~ ~K ~ ~ ~~ ~ _~~ _.. ~~ ~,.,, _.~. I ~ ~~W~~ ~ ~ •rra~ curuM sra?IOM.sh[c F ~ ~ ~ C~IIMLL~M~M ~~.~ Z Page 7 of 11 , ~ ~~ w, ~~ ~ ~ ~,-~wa ww. ~ r ~~,,~ `~.;~ ~~ ~ ~ ~; , ~„ ~ ,~~ ; ~ ~ , ~ ~ ~~.~ ~ -~-.~ .~.~ ~ i~~ e ~~ a~ Avalon . ~nMOUN~ funoM.aiee ~ r~r~'~suaiww.~ 1 , ~ - 4~~.~~. ~ ,~ ~ - ~~.~ ~~. ~,,,,~..,~ A01.13 Page 8 of 11 l~ ~ ~ 7. Preliminary Landscaping Plan: ~r" : i jr~ t i o ~~6f - ~~ 6 , x~ \ ii .n~ ~~j~ ~; Lv ~\ ~ r ~,.'r, ^~.,~ ~ ~'+,`... ' . .. ~' '~~~ ~ ~:` ,~,'r; --- - r..i ~ m~~ _ a1/~ F~V'~~011 ~ ~vuaweux 't~nox.urtc ~ ', ~ ers ; .~..~~-.____._... ~:~- ° ~~.~rs. ~~~ . . . ~~' ---- iuuumo rlun~us~w.c ~~ Avalon .vuowwazr R~1WN-YrtC ~ . ~ Asf 1~ b0bo .~ :~, y~~w ...~.e.. C~ u~ Page 9 of 11 ~~~ a . ~K ~ Avalcro auw wuw RAIpM~URC ~^ .d..__.....___......._.. a- ~- ......... ..................... ~ /lOf Btl~ G~ c~e b ~$ L3 ~..~" ~ Ava lon arua.cma n~m~.onc ~ ~ A ~ C:~-- • ~ r..}s~~~S ~~ 8. Phasing Plan. No specific phasing is required. However, it is anticipated the project will be developed in 2 phases represented by buildings C-1 and C-2. 9. Inclusionary Zoning Regulations. The Project's inclusionary requirements have been made a condition of approval on the Site Development Review and Vesting Tentative Map. The requirement to supply inclusionary housing is contained in the Stage 1 Development Plan. Page 10 of 11 ~1~ a Section 5. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the closest comparable zoning district as determined by the Community Development Director and of the Dublin Zoning Ordinance except as provided in the Stage 1 amended/Stage 2 Development Plans. Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 7tn day of June 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:1PA#12006106-060 Dublin Transit Center Site CICC Mtg 5.17.111FINAL CC Ord PD Rezone Stg 1& 2 DP Avalon Bay T Cremin revised. DOC Page 11 of 11 v~~j ~ V ORDINANCE NO. XX - 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************** APPROVING A DEVELOPMENT AGREEMENT AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR DUBLIN STATION, SITE C, DUBLIN TRANSIT CENTER BETWEEN THE CITY OF DUBLIN AND AVALON BAY COMMUNITIES PA 06-060 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed project known as Dublin Station, Site C, Dublin Transit Center is located within the boundaries of the Eastern Dublin Specific Plan, and is included in the approval for Planned Development under PA 06-060. B. A Development Agreement for Dublin Station, Site C, Dublin Transit Center between the City of Dublin and,Avalon Bay Communities ("Developer") has been presented to the City Council, Exhibit A, attached hereto. ~ C. Pursuant to the California Environmental Quality Act (CEQA), development of the Dublin Station, Site C, Dublin Transit Center property has been analyzed in the Final Environmental Impact Report for the Dublin Transit Center General Plan and Specific. Plan amendment, which was certified by the City Council by Resolution No. 215=02 dated November 19, 2002 (hereafter "Dublin Transit Center" Environmental Impact Report or EIR [SCH 2001120395]). The proposed project is exempt from further CEQA review pursuant to Government Code section 65457 for residential projects consistent with a specific plan for which an EIR was certified. D. A public hearing on the proposed Development Agreement was held before the Planning Commission on March 22, 2011 for which public notice was given as provided by law. E. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement by Resolution 11 - 11. F. A public hearing on the proposed Development Agreement was held before the City Council on May 17, 2011 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the certified Dublin Transit Center EIR, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. ATTACHMENT 3 ~3 ~ Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Dublin Transit Center~Environmental Impact Report (EIR), (e) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395). None of the standards under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 for preparation of a subsequent or supplement EIR have occurred or are met for the Project. ~No further environmental review is required. The evidence to support this finding is set forth in the record as a whole, including the_staff report and the attachments thereto: 2. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Dublin Transit Center. General Plan Amendment, and in the Specific Plan in that: (a) the General Plan and Specific Plan land use designation for the site is High Density Residential, (b) the proposed project is consistent with the designated land use, (c) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure . and public services, and (d) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 3. The 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, Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map. 4. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for High Density Residential, and infrastructure uses at this location. 5. The Development Agreement will not be detrimental to the health, safety and general welfare in that the Developer's project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 6. 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 General Plan and with the Eastern Dublin Specific Plan. 2 of 3 ~~ a Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the Mayor fo 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. ' , ,.... . ~ . . . ~ ~ .: .~ . . . ~ ~. . - . .. ... ~ , , , PASSED AND ADOPTED BY the City ~Council` of.'th'e ~City of Dublin, on this 7th day of June 2011 by, the following votes: ~ ~ AYES: .. ~ . . NOES: ABSENT: ~ ABSTAIN: Mayor ATTEST: City Clerk 1509387 G: IPA#12006106-060 Dublin Transit Center Site CICC Mtg 5.17.111Final CC Ord adopting da for dtc site c(2). DOC 3 of 3