HomeMy WebLinkAboutItem 4.11 Positano/Anderson Afford Housing Agmt cd.k OF DDe�d • •
1ft STAFF REPORT CITY CLERK
�� DUBLIN CITY COUNCIL File # 6 b n-; j9
DATE: June 7, 2011
TO: Honorable Mayor and City Councilmembers
FROM: A:,oni Pattillo, City Manager
SUBJEC ositano/Anderson Affordable Housing Agreement - First Amendment to the
Amended and Restated Subsequent Affordable Housing Agreement for the
remainder of the Positano Development PA 05-038
Prepared By: John Bakker, City Attorney and Jeri Ram, Community Development Director
EXECUTIVE SUMMARY:
The City has entered into two agreements with Braddock and Logan entities (Dublin RE
Investors, LLC and Braddock and Logan Group II, L.P.) that describe how the Developer will
satisfy its affordable housing obligations for the Positano project. Those agreements provide
that the Braddock and Logan entities will, among other things: (a) construct a total of 94
inclusionary units (made up of 2 integrated units and 92 second units within the project area);
(b) pay a fee (in three installments) of $1,938,760 in-lieu of construction of inclusionary units;
and (c) pay a $1,000,000 Community Benefit payment in equal installments at building permit.
The proposed amendment alters the location of some of the inclusionary second units.
FINANCIAL IMPACT:
The costs to administer these Affordable Housing Agreements are included in the
administration fees that are charged with the sale of each affordable unit and the annual
monitoring of rental projects.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving the First Amendment to
the Amended and Restated Subsequent Phase Affordable Housing Agreement.
ubmitted By: Review d B •
Community Development Director Assistant City Manager
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Page 1 of 4 ITEM NO. 14 •t
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STAFF REPORT C- T Y C L E R K
DUBLIN CITY COUNCIL File # ^~~0-~~
DATE: June 7, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC . ositanolAnderson Affordable Housing Agreement - First Amendment to the
Amended and Restated Subsequent Affordable Housing Agreement for the
remainder of the Positano Development PA 05-038
Prepared By: John Bakker, City Attorney and Jeri Ram, Community Development Director
EXECUTIVE SUMMARY:
The City has entered into two agreements with Braddock and Logan entities (Dublin RE
Investors, LLC and Braddock and Logan Group II, L.P.) that describe how the Developer will
satisfy its affordable housing obligations for the Positano project. Those agreements provide
that the Braddock and Logan entities will, among other things: (a) construct a total of 94
inclusionary units (made up of 2 integrated units and 92 second units within the project area);
(b) pay a fee (in three installments) of $1,938,760 in-lieu of construction of inclusionary units;
and (c) pay a$1,000,000 Community Benefit payment in equal installments at building permit.
The proposed amendment alters the location of some of the inclusionary second units.
FINANCIAL IMPACT:
The costs to administer these Affordable Housing Agreements are included in, the
administration fees that are charged with the sale of each affordable unit and the annual
monitoring of rental projects.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving the First Amendment to
the Amended and Restated Subsequent Phase Affordable Housing Agreement.
ubmitted By:
Community Development Director
Review d B ~
Assistant City Manager
Page 1 of 4 ITEM NO. •
DESCRIPTION:
Background ,
Braddock & Logan's Positano development is a
residential development consisting of 1,043 single-
family homes on a 488-acre project site. The project
site is located within the northern portion of the larger
Fallon Village project area, east of Fallon Road and
the Dublin Ranch development, west and southwest
of the City Limits boundary with Alameda County and
Doolan Canyon (see Map 1 to the right). Construction
of the homes in the first phase is currently underway.
Affordable Housing Agreement
Inclusionary Zoning Regulations
DUBLW
PLEA.SdN7Y1N
Map 1: Posatano Vicinaty Map
The Inclusionary Zoning Regulations of the City of Dublin Zoning Ordinance (Chapter 8.68)
contains affordable housing requirements for all new developments of 20 or more units.
Residential developments consisting of 20 or more units are required to provide 12.5% of the
units as affordable to households with very-low, low, and moderate income levels as
determined by the California Department of Housing and Community Development for Alameda
County. These affordable units are required to be constructed on-site and integrated with the
market rate units. The affordable units are required to be evenly distributed fhroughout the
project, include a range of bedrooms consistent with the overall project, and be
indistinguishable in exterior appearance from the market rate units. The Inclusionary Zoning
Regulations also provide the City Council with the ability to make exceptions to the regulations
contained in the Inclusionary Zoning Ordinance, including alternate methods of compliance with
the Inclusionary Zoning Regulations such as the development of off-site affordable units.
In accordance with the Inclusionary Zoning Regulations, the Positano development has a
requirement to provide 130 affordable units.
Table 1: Positano Inclusionary Zoning Requirements
Total
Units Inclusionary
Re uirement Inclusionary
Units
1,043 12.5% 130
Of this, 40% of the obligation (or 52 units) can be satisfied through the payment of an in-lieu
fee, which is due at first building permit. Currently, the in-lieu fee is $102,151 per unit, which
would equate to $5,311,852 for 52 units.
Braddock and Logan's Affordab/e Housing Obligations Under the Existing Agreements
Braddock and Logan proposed an alternative means of compliance, and the City and Braddock
and Logan negotiated two agreements that set out those alternate methods of compliance. The
first agreement, known as the First Phase Affordable Housing Agreement, sets out the
obligations as to the initial 416 lots in the project. The second agreement, known as the
Subsequent Phase Affordable Housing Agreement, sets out the obligations as to the 627 lots in
the remainder of the project. The First Phase Agreement has been amended seven times. The
history of the various agreements are described in the August 17, 2010 Staff Report, attached
hereto as Attachment 1.
Page 2 of 4
Under the finro agreements, Braddock and Logan will satisfy its Inclusionary Zoning obligations
by a combination of housing unit construction (94 units), fees in-lieu of construction
($1,938,760), and the $1,000,000 Community Benefit payment. Table 2 provides a summary of
the Applicant's affordable housing construction obligations to address the Inclusionary Zoning
obligation for the entire Positano project.
Table 2: Proaosed Affordable Housing Unit Production Obligations
Unit T e
yp Ownership Size of Affordability
'
or Rental? ~ncome Level Units Period
2 Single-family For sale moderate (1 unit) 4 bedroom In perpetuity
Detached Units low 1 unit units
21 Secondary Units Rental very low (21 units) Studios In perpetuity
Studios
71 Secondary Units
Rental low (70 units) 1 bedroom/
~n perpetuity
1 bedroom ve low 1 unit 1 bath
94 Total Units~
In addition, to satisfy the obligations in excess of 94 units, Braddock and Logan is required to
pay a fee in-lieu of construction of $1,938,760 in three installments the last of which is August
17, 2013, in addition to the $1,000„000 Community Benefit payment. The Community Benefit
payment is paid on a per single family unit basis at building permit. To date, the City has issued
318 building permits out of the 1043 homes (excluding second units) in Positano and received
approximately $305, 000 of the $1;000,000 Community Benefit payment.
Proposed Change in Unit Locations
The Amended and Restated Subsequent Agreement identifies the location of 41 second units in
the 627-1ot subsequent phase. As the parties anticipated that Developer's plans might change
in the future, the Amended and Restated Subsequent Agreement allowed the Community
Development Director to approve changes to the location diagram, provided that those changes
were consistent with the Inciusionary Zoning Regulations' requirement that the units be
"reasonably dispersed" and that a certain number of Inclusionary Units remained in each
neighborhood. Following the completion of grading of a portion. of the Subsequent Phase,
Braddock and Logan determined that second units were not feasible on some of the proposed
locations. It has therefore proposed to relocate some of the second units. Staff supports the
proposed changes in unit locations, but, under the terms of the Subsequent Agreement, Staff
was not permitted to approve the revision to the unit locations because the number of units in
some of the neighborhoods differed from what the Subsequent Agreement required. The
proposed amendment implements the location changes proposed by the Applicant and
provides additional flexibility to allow such changes to be approved by Staff in the future.
Attachment 2 shows the original locations of the 41 units, and Attachment 3 shows the
proposed locations of the 41 units if the amendment is approved.
The City Council is asked to adopt a Resolution (Attachment 4) approving the First Amendment
to the Amended and Restated Subsequent Phase Affordable Housing Agreement.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required as changes are allowed per the City's Zoning Regulations.
Page 3 of 4
ATTACHMENTS: 1. City Council Staff Report, dated August 17, 2010, without
attachments.
2. Original Exhibit Showing Affordable Units Locations in
Subsequent Phase.
3. Exhibit Showing Proposed Affordable Units Locations in
Subsequent Phase.
4. Resolution approving a First Amendment to Amended and
Restated Subsequent Phase Affordable Housing Agreement
between the City of Dublin and Dublin RE Investors, LLC with
~ Agreement attached as Exhibit A.
1653015.1
K: ISta~Reports- PC and CCI20111B & L Amend to AHA 6-7-I l ICCSR 6-7-11 B& L Amend to AHA. DOC.DOC
Page 4 of 4
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S~A-FF REPORT
DUBLIN CITY COUNCIL
CITY CLERK
File # ^~]~~- 3[~[~
DATE: August 17, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . Positano/Anderson Affordable Housing Agreement PA 05-038 Seventh
Amendment to the Affordable Housing Agreement for the First Phase of Positano
and Amended and Restated Subsequent Affordable Housing Agreement for the
remainder of the Positano Development
Prepared ~By: John Bakker, City Attomey and Jeri f7am, Community Development Director
EXECUTIVE SUMMARY: ~ ~
The.City ~has entered into two.agreemenfs with Braddock and Logan entities that~describe how
the . Developer will satisfy its affordable housing obligations~ for the Positano _ project. Those
agreements provide that the Braddock and Logan entities~will among ~other things: ~.(a) construcfi
a total of 130 inclusionary units (made' up of 11 integrated -and 41 second u.nits in the project
area and a 78-unit offsite project) and (b) pay a$1,000,000 community benefit payment in
equal~installments ($958.77 for each of the 1,~43 units) with each building permit. Developer
has determined that the offsite project is infeasible. Accordingly, Braddock & Logan have
developed a revised proposal to satisfy its obligation by: (a) constructing a total of 94
inclusionary units (made up of 2 integrated units and 92 second units within the project area);
(b) paying a fee (in three instalfinents) of $1,938,760 in-lieu of construction of inclusionary units;
and (c) paying a$1,000,000 community benefit payment in equal installments at building
permit. The proposed amended agreements would implement the proposal.
FINANCIAL IMPACT:
. The _ costs to administer these Affordable. Housing Agreements. . are, included in _ the
administration fees that are charged with the sale of each affordable unit and the annual
monitoring of rental projects.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive comments
from the public; and 3) Take the following actions: a) Adopt the Resolution approving
Amendment No. 7 to the Affordable Housing Agreement for the First Phase of Positano; and b)
Adopt the Resolution approving the Amended and Restated Subsequent Phase Affordable
Housing Agree , nt. ~
ubmitted By: Revie ed
Community Development Director Assistant City Manager
G:~PA#12005\05-038 B&L Stage 2 Fallon vllageWffordabte Housing AgreementWHA Phases 182 Amend 7& 21Staff_Report on 7th
Amendment to First Phase AHA and Amended Subsequent AHAfinaI.DOC
Page 1 of5 I' ~~ ~~~_J~
~ ATTACHMENT 1
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DESCRIPTtON:
Background
Braddock & Logan's Positano deve{opment is a
residential development consisting of 1,043 single-
family homes on a 488-acre project site. The project
site is located within the northern portion of the larger
Fallon Village pro}ect area, east of Fallon Road and
the Dublin Ranch development, west and southwest
of the City Limits boundary with Alameda County and
Doolan Canyon (see Map 1 to the right). Construction
of the homes in the first phase is currently underway.
Affordable Housing Agreement
lnclusionary Zoning Regulations
Map 1: Positano Vicinity Map
The Inclusionary Zoning Regulations of the City of Dublin Zoning Ordinance (Chapter 8.68)
~ contains affordable housing requirements for all new developments of 20 or more units.
Residential developments consisting of 20 or more units are required to provide 12.5°/a of the
~,: units as, affordable to households with very-low, low, and, moderate.: income ~~levels as
~ determined by,the Califomia Department of Housing and Corrimunity ~Development .for Alameda
"~ ~~ ~.County. These affordable units are required to be .constructed on=site and integrated with the
~ r ~ market rate units. The affordable units are required to be-evenly.:distribufed throughout the
project, ' include a range of bedrooms consistent with the overall project, ;and be
indistinguishable in exterior appearance from the market rate units. The Inclusionery Zoning
Regulations, also~ provide the City Council with the ability to make exceptions to the regulations
~'` contained in the Inclusionary Zoning Ordinance, including alternate meth~ods of compliance with
the lnclusionary Zoning Regulations such as the development of off,-site affordable units:
{n accordance with the Inclusionary Zoning Regulations, the Positano development has a
requirement to provide 130 affordable units.
Table 1: Positano Inclusiona Zonin Re uirements
Total
Units Inclusionary
Re uirement tnclusionary
Units
1,043 12.5% ~ 130 - "' `~
Of this, 40% of the obligation (or 52 units) can be satisfied through the payment of an in-lieu
fee, which is due at first building permit. Currently, the in-lieu fee is $102,151 per unit, which
would equate to $5,311,852 for 52 units.
The Braddock and Logan Affordable Housing Obligations Under the Existing Agreements
Braddock and Logan proposed an alternative means of compliance, and the City and Braddock
and Logan negotiated two agreements that set out those alternate methods of compliance. The
first agreement, known as the First Phase Affordable Housing Agreement, sets out the
obligations as to the initial 416 lots in the project. The second agreement, known as the
Subsequent Phase Affordabie Housing Agreement, sets out the obiigations as to the 627 lots in
the remainder of the project. The First Phase Agreement has been amended six times. The
first four amendments were considered signi~icant Amendments and were approved by the City
Council. Amendments 5 and 6 were minor, invo{ving changing the location of the lncfusionary
units and were approved by Staff. The history of the significant Amendments (Amendments 1-
Page 2 of 5
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4) and Braddock and Logan's original affordable housing proposal are detailed in the June 16,
2Q09 and ~ctober 20, 2009 staff reports (attached hereto as Attachment 1.) The Subsequent
Agreement was amended by Staff on March 25, 2010 to modify the boundary of the subsequent
area to be consistent with the Amendments to the First Phase Agreement. The various
amendments since June 2009 have involved minor changes to the unit location or to
geographic boundaries to accommodate pending development:
Table 2 summarizes the manner in which Braddock and Logan is currently obligated to satisfy
the Inclusionary Zoning Regulations under the two agreements as amended. The requirements
include a combination of on-site integrated units and secondary units, off-site apartments on the
Anderson property, and a$1,000,000 Community Benefit Payment.
~.*
Table 2: Existin Affordable Nousin unit Nroctuct~on u~i i auvns
Unit T e
yp Ownershi
or Rental?
-ncome Level
Size of Affordability
period
Units
11 Single-family For sale moderate (10 units~ 4.bedroom In perpetuity ~'
detached Units low 1 units units
21_:Secondary Un;its ~ Rental very low (21 units) Stud~ios ~ ~ In perpetuity
Studios `
20 Secondary Units<
Rental
~ow (7 units)
1 bedro,oml ..
~ ~n perpetuity ~
~ 1 bedroom ,.. ~ ve low 13 units 1.bath ~
• ~ ~ moderate (39 units) 2 bedroom/y
78 Apartments* ` Rental low (16 units)
2 bath 4n perpetuity,
ve low 23 units
,. ::` 130 Total Units .; 1
Revised Proposal
'.Plus 4 units to sat'isfy the Inclusionary Zoning requirements for the Anderson property: ~
Braddock and Logan has determined and Staff concurs that the 78-unit offsite project is
infeasible. In light of this, the Subsequent Agreement must be amended to establish some
other means of compliance with the Inclusionary Zoning Regulations. Accordingly, Braddock
and Logan has proposed a revised "alternate method" proposal to satisfy its obligations. The
proposal includes a combination of housing unit construction (94 units), fees in-lieu of
~ construction ($1,938,760), and the $1,000,000 community benefit payment. 'Table 3 provides a~ ~
summary of the Applicant's current affordable housing proposal to address the lnciusionary
Zoning obligation for the entire Positano project.
T~hln 3• Prnnnsprl offnrriahlp Hnusina llnit Pr'oducticltl Ohllc]atl~[1S
Unit T e
yp Ownersh~
~
Size of Affordability
or Renta/ Income Leve!
Units period
2 Single-family For sale moderate (1 unit) 4 bedroom In perpetuity
Detached Units !ow 1 units units
21 Secondary Units Rental very low (21 units) Studios In perpetuity
Studios
71 Secondary Units
Rental low (70 units) 1 bedrooml
~n perpetuity
1 bedroom ve low 1 unit 1 bath
94 Total Units
Page 3 of 5
lg
To satisfy the obligations in excess of 94 units, Braddock and Logan has proposed, in addition
to the $1,000,000 community benefit payment, to pay a fee in-lieu of construction of $1,938,760
in three installments the last of which is 36 months after the agreemenYs effective date: At the
current rate of $102,151 per unit, this payment equates to approximateiy 19 units. In total, the
construction of 94 units and the in-lieu fee payment satisfy the obligation as to 113 of the 130
units required.
Braddock and Logan justifies this proposed 17-unit deviation from the terms of the Inclusionary
Zoning Ordinance on the grounds that: (1) the 94 inclusionary units it proposes to construct
exceed its 78-unit must-build obligation under the Regulations by 16 units; (2) the proposal
includes deeper affordability than required under the Regulations (71 low-income units versus
the 16 required); (3) the replacement of the integrated and moderate income units with very low
and low income rental second units reflects the current state of the real estate market in which
more market-rate homes are affordable to moderate income purchasers; (4) the in-lieu fee
paymenfs will be made earlier than otherwise required by the Inclusionary Zoning Regulations;
and. (5) the units will be affordable in perpetuity rather than the 55 year period required by the
Regulations. In addition, the substantially increased number of low-income units will assist the ..
' City in ~ meeting~ its Regional Housing Needs Allocation obligations. ~. Based on~., these
,~justifications, Staff, believes that.the City Council could find that Braddock and,Logan's;altemate ...
method:'of~complying:witFi;the Regulations meets.:#he purposes,.of the Regulat~ons. _ ...
: .; .. ;~ <. : ~ . -: - ~_; , ,; , , , . , . ~ . .
- ~The1~ pcoposed amendments to the First Phase Agreement and the Subsequent Agreement, :
attached as .Exhibit A to, respectively, Attachment 2 and Attachment 3 would implement
Braddock and Logan's. revised proposal. . °
The First~Phase Agreement is.substantially similar to the existing agreement,•excepting various :,.~~,.
~ changes made to ~ it to change the unit mix in conjunction with the reyised proposal. In
particular, nine integrated four bedroom moderate income units have been replaced with 10
low-income, one-bedroom second units, and 12 very low-income, 1 bedroom second units have
been converted from very low- to low-income units. Additional non-substantive changes were
made to the agreement to eliminate the no-longer-necessary distinction between Parts One and
Two of the First Phase and to combine the exhibit showing the location of the affordable units
(Exhibit 3) onto a single page.
... The.Amended :and,;Restated Subsequent Agreement involves more substantial;,changes,.and it
has therefore been completely restated. The changes, however, are modest: In.particu{ar, the
revised agreement eliminates the requirement to complete the 78-unit Anderson project and
replaces it with the requirement to construct 41 1-bedroom, low-income, Second Units (see
sect. 3.b) and the requirement to pay the $1,938,760 in-lieu fee discussed above (see above).
As the Developer's plans may change in the future, as they have in the course of the First
Phase, the revised Subsequent Agreement would allow the Community Development Director
to approve changes to the location diagram, provided that those changes are consistent with
the requirement that the units are "reasonably dispersed." In substance, all other aspects of the
agreement remain the same.
ATTACHMENTS:. 1. City Council Staff Reports, dated June 16, 2009 and October
20, 2009, without attachments.
2. Resotution Approving Amendment No. 7 to the Affordable
Housing Agreement for First Phase (416 Units) of Positano to
Modify the Location of the Inclusionary Units Within Part One of
Page 4 of 5
, ~~ 1g
the First Phase of the Project (PA 05-038 and PA 07-005) [with
the amendment attached as Exhibit A]
3. Resolution approving an Amended and Restated Subsequent
Phase Affordable Housing Agreement between the City of
Dublin and Dublin RE Investors, LLC [with Agreement attached
as Exhibit A]
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Positano
Subsequent P~ase:
Affordable Unit
Locatious
Neighborl~ood Key
ec~•.sqan~ f9~~s-0~
LEGEND
~ m ~ Su6scqucnt Y6sie
~ ~ .~ :~ Erpsndrd First Phase
i-
AFFORUA6LElOT I.OCATIONS:
X I.ow Incomo,
0~ Hzdroom'Second Units (41)
ROSITANO PARKIVA
~ _ _. ~ ~ - - - - --- -
~ -- ~---~----
MONTN ~~ ~
~OTTpSCALF. avia~camria•V1DMwn:c.ubwNtvw,~
fJUAGOFAil-Y IIM ~ ~ RFAS.~NItYI. CA Yi588 -(~]5) ]75-0690
ATTACHMENT 3
~' l8~
RESOLUTION NO. XX -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
~*******,~**
APPROVING THE FIRST AMENDMENT TO AMENDED AND RESTATED SUBSEQUENT
AFFORDABLE HOl1SING AGREEMENT FOR THE CONSTRUCTION OF INCLUSIONARY
UNITS AND PAYMENT OF FEES IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING
UNITS
WHEREAS, Dublin RE Investors, LLC and Braddock and Logan Group II, L.P.
(collectively the Developer) are the owners of several parcels of land within Fallon Village that
are known as Positano and consists of 1,043 residential lots; and
' WHEREAS, an Affordable Housing Agreement is required by the Inclusionary Zoning
Regulations of City of Dublin Zoning Ordinance (Chapter 8.68); and
WHEREAS, the Developer proposed a comprehensive affordable housing proposal to
address the requirements of the Inclusionary Zoning Ordinance for the entire Positano
development and said proposal includes alternative methods of compliance with the
Inclusionary Zoning Regulations; and
WHEi2EAS, the City Council held a public meeting on October 18, 2005, to review the
affordable housing proposal, and the City Council directed Staff to work with the Developer to
refine the affordable housing proposal; and
WHEREAS, the City and the Developer subsequently entered into an Affordable Housing
Agreement for the Construction of lnclusionary Units in the First Phase of the Positano
development, consisting of 416 lots, dated June 5, 2007, as amended on June 17, 2008,
November 4, 2008, June 16, 2009, October 20, 2009, January 2010, March 25, 2010, and
August 17, 2010 ("the First Phase Agreement"), wherein the Developer agreed to construct a
total of 53 affordable units (11 single-family detached homes and 41 secondary units); and
WHEREAS, subsequently, the City and Developer entered into a Subsequent Affordable
Housing Agreement for the Construction of Inclusionary Units and Payment of Fees In Lieu of
Constructing Inclusionary Housing Units, dated November 4, 2008, as amended on March 25,
2010 ("the Subsequent Agreement"), for the remaining 627 lots of Positano known as the
Subsequent Phase; and
WHEREAS, the Subsequent Agreement provided that Developer would satisfy its
affordable housing obligations in the Subsequent Phase by among other things constructing a
78-unit offsite affordable housing project; and
WHEREAS, the Developer determined that the offsite project was infeasible, and it and
the City entered into an Amended and Restated Subsequent Affordable Housing Agreement
that requires the construction of 41 1-bedroom, low-income, Second Units in the Subsequent
Phase and the payment of a$1,938,760 fee in-lieu of construction; and
ATTACHMENT 4
~ /8
WHEREAS, Developer now desires to alter the location of the some of the 41 Second
Units of which the Subsequent Agreement requires construction; and
WHEREAS, the Project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, a Staff Report dated June 7, 2011, and incorporated herein by reference,
described and analyzed the proposed amendment to the Affordable Housing Agreement; and
WHEREAS, the City Council did use its independent judgment and consider all said
reports, recommendations and testimony.
NOW, THEREFORE, BE IT RESOLVED that:
A. The City Council of the City of Dublin does hereby approve the First Amendment
to the Amended and Restated Subsequent Agreement attached hereto as Exhibit A.
" B. The City Manager is authorized to execute the First Amendment to the Amended
and Restated Subsequent Agreement attached hereto as Exhibit A including the accompanying
memorandum of the agreement.
PASSED, APPROVED AND ADOPTED this 7th day of June 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
1653014.1
Mayor
K:IStaff Reports- PC and CC1201118 & L Amend to AHA 6-7-111CC Reso Approving First Amendment to Amended and Restated Subsequent
Positano AHA (2).DOC
-2-
~ !~
~~ P~
~
AMENDMENT NO. 1 TO AMENDED AND RESTATED
SUBSEQITENT AFFORDABI,E HOUSING AG~tE~MENT
FOR THE CONSTRUCTION OF INCLUSIONARY U1~ITS AND PAYMENT OF FEE5
IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING UIVITS
D~blin RE Investors, LLC and Braddock and I,ogan Group II, L.P.
Subsequent Phase (627 Residen~ial Lots) of the Positano Project
'T~€IS FI~tS'I' AMENDlO~N"g" to the Amended and Restated Subsequent Affordable
Housing Agreement for the Construction of Inclusionary Units and Payment Of Fees In Lieu Of
Constructing Inclusionary Housing Units, dated August 17, 2010, is hereby entered into this 7th
day of June, 2011 by and among the City of Dublin ("the City"), Dublin RE Investors, LLC, a
California limited liability company and Braddock & Logan Group II, L.P., a California limited
partnership (collectively, "the Developer").
Recitals
1. City and Developer are parties to an Amended and Restated Subsequent Affordable
Housing Agreement for the Construction of Inclusionary Units and Payment of Fees In Lieu of
Constructing Inclusionary Housing Units, dated August 17, 2010 ("the Agreement"). The
Agreement sets forth the manner of Developer's compliance with the Inclusionary Zoning
Regulations contained in Chapter 8.68 of the Dublin Municipal Code ("the Regulations") for the
1043 residential lot development project being pursued by Developer. The Agreement governs
627 residential lots, referred to as the Subsequent Phase, while the other 416 residential parcels,
referred to as the First Phase, are governed by a separate agreement among the parties.
2. The Agreement requires, among other things, that with respect to the Subsequent
Phase of the Project that is encompassed by the Agreement, Developer construct 41 1-bedroom,
low-income, Second Units in the Subsequent Phase, as defined, in the locations depicted in
E~ibit 3 to the Agreement.
3. Developer now desires to amend the Agreement as needed in order to change the
location of the Second Units depicted in Exhibit 3 to the Agreement.
4. The City is agreeable to the proposed change and finds that the inclusionary units will
continue to be dispersed throughout the development as required by the Regulations.
NOW, 'TH~d~FOlt~; Developer and City for themselves and their respective
successors and assigns hereby agree as follows:
Section 1. ~ Amendment of Section 3. b. i of the Agreement. Section 3.b.i of the Agreement
is amended to read as follows:
"i. Exhibit 3("the Location Diagram") depicts the location of the 41
1-bedroom, Second Units to be constructed in a portion of the Subsequent Phase referred
to as Neighborhood C3, the D Neighborhoods. Developer may request that the
Amendment No. 1 to Amended and Restated
Subsequent Affordable Housing Agreement
for the Positano Pro ect '
EXI~IBIT A TO
ATTACHMENT 4
11 /~
~
Community Development Director approve changes to the Location Diagram that alter
the location of the Second Units. Upon the Community Development Director's
approval, which shall be administrative, the revised Location Diagram shall be
automatically incorporated into this agreement as Exhibit 3, replacing the previous
Exhibit 3. In approving any revised Location Diagram, the Community Development
Director shall find (a) that the Location Diagram shows 20 Second Units in
Neighborhood C3 and 21 Second Units in the D Neighborhoods; and (b) that the
Inclusionary Units are "reasonably dispersed" throughout Neighborhood C3 and the D
Neighborhoods, as required by Section 8.68.030.E of the Regulations."
Section 2. Amendment of Exhibit 3. Eghibit 3 of the Agreement is hereby replaced with
Ezhibit A to this Agreement.
Section 3. All other provisions of the Agreement shall remain in effect.
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 DEVELOPER
DUBLIN RE INVESTORS, LLC
a California limited liability company
By:
Joni Pattillo, City Manager By: Braddock and Logan Services, Inc.
a California corporation
Attest: Its: Manager
Caroline Soto, City Clerk By; '~4
~ oseph E. Raphel
Approved as to form Its: President
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
John Bakker, City Attorney
By: Braddock and Logan Services, Inc.
a California corporation
Its: General Partner
By:
oseph E. Ra el
Its: President
1624757.1
Amendment No. 1 to Amended and Restated
Subsequent Affordable Housing Agreement
for the Positano Project
ia ~~
~
EX~IIBI'T A
Revised E~ibit 3 to the Agreement
["Diagram and Location of Inclusionary Units in the Subsequent Phase of the Project"]
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EXHI~I'T ~
Revised Memorandum of Affordable Housing Agreement for the Construction of Inclusionary
Units and the Payment of Fees In-Lieu of Constructing Inclusionary Housing Units
l ~~'
RECORDING REQUESTED BY:
CITY O~ DiJ~I.iN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
~M~~~~~ ~~ f~~~~~~ f~~ ~S~A~~~
S~S~~~~Z' E~~~~~~~ ~~US~~ l~~s~~~~~~
~Ofl2 'I'I~ C'O1vST~2IJC~'~OlV O~ ~P1C'I,iJSIOliTA~tX IT1Vd'g'S ~N~ ~AX1V~leT'B' OI+' FE~S
IN LIEZT OI' CONSTI2YJC'I'ING Yl~TCLgJSI~NAlt~' ~IO~JS~NG i.1Ng'I'S
Daabliga RE Investors, I.LC anc~ ~raddock and I~ogan Grotag~ II, ~,.P.
S~abseqaaeaat ~h~se (627 ~esiden~al Lo~s) of the Positano ~roject
This Memorandum of Subsequent Affordable Housing Agreement for the Construction of
Inclusionary Units and the Payment of Fees In-Lieu of Constructing Inclusionary Units (this
"Memorandum") is entered into on this 7th day of June, 201 l, by and among the City of Dublin,
a municipal corporation (hereafter "City") and Dublin RE Investors, LLC, a California limited
liability company, and Braddock & Logan Group II, L.P., a California limited partnership
(collectively, "the Developer").
1. Pursuant to the Amended and Restated Subsequent Affordable Housing
Agreement for the Construction of Inclusionary Units and Payment of Fees In Lieu of
Constructing Inclusionary Housing Units, dated as of August 17, 2010, by and between City and
Developer, as amended by Amendment No. 1 to said agreement, dated June 7, 2011 (the
"Agreement"), the Parties have set forth their respective obligations with respect to the provision
of affordable units on lands presently owned by Developer, a portion of the 1043 residential
parcel Positano Project (the "Project") , and more specifically described in Exhibit A(the
"Property"). These obligations run with the land.
2. The City and the Developer are parties to a certain Affordable Housing
Agreement that sets out the specific obligations for the construction of Inclusionary Units and
payment of fees in lieu thereof in conjunction with the a 416 residential parcel phase of the ~
Project ("the Initial Agreement"). The Initial Agreement anticipates the parties entering into a
subsequent affordable housing agreement setting forth the manner in which the Regulations will
be complied with for the remainder of the Project. .
l~ ~~
~.
3. The Agreement sets out the specific obligations for the construction of
Inclusionary Units and payment of fees in lieu thereof in conjunction with a subsequent 627
residential parcel phase of the development of the Proj ect. The Agreement also obligates the
Developer to make a Community Benefit Payment, as described in the Agreement, prior to
issuance of building permits for each residential unit (excepting Second Units) within the
Subsequent Phase.
4. Developer and City have executed and recorded this instrument to give notice of
the Agreement, and the respective rights and obligations of Developer and City. The
unrecorded Subsequent Affordable Housing Agreement for the Construction of Inclusionary
Units and Payment of Fees in Lieu of Constructing Inclusionary Housing Units, as amended, is
incorporated by reference in its entirety in this Memorandum.
5. This Memorandum shall bind and inure to the benefit of the parties and their
respective heirs, successors and assigns, subject however to restrictions set forth in the
Agreement regarding assignment.
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:
Attest:
Joni Pattillo, City Manager
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
DUBLIN RE 1NVESTORS, LLC
a California limited liability company
By: Braddock and Logan Services, Inc.
a California corporation
Its Manager
By: ~
N .
Its:
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock and Logan Services, Inc.
a California corporation
Its General Partner
By:
N .
Its:
~~ ~~
CALIFORI~IA AI.L-PUF~POSE ACKI~fOWLEDGMENT
State of California
County of ~ ~ ~T~ ~'.~ S i {n
On ~ l~~ ll I before me, ~i~ ~~CJ~.~ ~. ~.YY1~,;ni~~ N r~T~,~-~,{ V~3 ~L / G,
Date Here Insert Name and Pitl of the Officer
personally appeared ~~-' S~- P N ~ ' ~~ ~ ,~ ~ ~ 1..~.
~ who proved to me on the basis of satisfac~ory evidence to
be the person(~ whose name~~/~subscribed to the
within instrument and acknowledged to me that
~sJ~f~ey executed the same int~ii~llaer~#eir authorized
capacity(i~, and that by ~herl#~aefr signature(`~ on the
instrument the person(~), or the entity upon behalf of
NANCY E. EMBREY which the person~) acted, executed the instrument.
Commission # 1859710
a.-~ ~ Notary Public - California z
z~ ~• Contra Costa County ' I certify under PENALTY OF PERJURY under the laws
My Comm. Expires Aug 1, 2013 J of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ~ •
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could p~event fraudulent removal and reattachment of this form to another document.
Description of Attached Document ~+~-I~ ~~u~ ~~-
Title or Type of Document: `~ ' "U'Y~ } T ~ ~ ~'' ~-gj-IZ~.~" ~-rJ ~ ~
Document Date: ~P' ~/~~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ~~S ~-pt` ~ ~(~ ~~`~ Signer's Name:
^ Individual ^ Individual
^ Corporate Officer - Tifle(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact ~
^ Trustee Top of thumb here
^ Guardian or Conservator
^ Other:
Signer Is Representing:
/1~. ~.~~ _ /I ~ ~ _.-. \_
^ Corporate Officer - Title(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact • ~ -
^ TfUStQ@ ' Top of thumb here
^ Guardian or Conservator
^ Other: ~
Signer Is Representing:
,.., ~ ~ r _ - . I
OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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CALIFOFiI~IA ALL-Pl1RPO5E ACKP+~OWLEDGMENT
State of California
County of C~h~-r(L~ C p S~~
On S l 7~~v /~~ before me, iV ~r~U~ ~,. ~YY~.~,r~'~~ NUT¢},~--U ~~ ~L / C,
Date ~ Here Insert Name and fiitl of the Officer
personally appeared
P - ~-
NANCY E. EMBREY
Commission # 1859710
Z;-r Notary Public - California z
z Contra Costa County '
My Comm. Expires Aug 1, 2013
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person~) whose name( is ~ subscribed to the
within instrument and acknowledged to me that
Qa~/she/#~eq executed the same in is herf~eir authorized
capacity~a.~and that by -ii h~ei~signature(ys} on the
instrument the person(~, or the entity upon behalf of
which the person(s~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ~ • ~
. Signature of Notary Public
OPTIONAL
Though the information below is not requrred by law, it may prove valuable to persons relying on the document
and could prevent fraudu(ent removal and reattachment of this form to another document.
Description of Atta hed Document ~ ~~` ~
" ~ ~ ~ d~-.~ '~ ~ ~~f~~
Title orType of Document ~Vri-- ~ ~~
~
Document Date: ~ I~ I 1~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name ~ c~~ e L-~ ~ ~f' ~ 11~~
^ Individual
^ Corporate Officer - Title(s): _
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
~S~.P H ~
Signer Is Representing:
Signer's Name:
^ Individual
^ Corporate Officer - Title(s): _
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee '
^ Guardian or Conservator
^ Other: ~.
~
~ A ~ ~,~
.
Top of thumb here
- -- - - - - --.,~..` - - - - - - ~
OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #590~ Reorder: Call Toll-Free 1-800-876-6827