HomeMy WebLinkAbout4.9 Regional Street Residential Project Community Benefit Program Agreement (PLPA-2021-00035)STAFF REPORT
CITY COUNCIL
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Agenda Item 4.9
DATE:December 7, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Regional Street Residential Project Community Benefit Program Agreement (PLPA-2021-00035)Prepared by:Kristie Wheeler, Assistant Community Development Directorand Hazel L. Wetherford, Economic Development Director
EXECUTIVE SUMMARY:The City Council will consider approval of a Community Benefit Program Agreement with Eden Housing’s controlled affiliate Corona/Ely Ranch, Inc. for the development of a 113-unit affordable housing project on a 1.33-acre site located at 6541-6543 Regional Street west of the West Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan Transit-Oriented District. A Community Benefit Program Agreement is required to allocate units from the Downtown Dublin Specific Plan Development Pool. The Site Development Review Permit for the project was approved by the Planning Commission on November 23, 2021, and that approval is contingent upon approval of a Community Benefit Program Agreement by the City Council.
STAFF RECOMMENDATION:Adopt the Resolution Approving the Community Benefit Program Agreement Between the City of Dublin and Corona/Ely Ranch, Inc.
FINANCIAL IMPACT:Funding to support construction of the proposed affordable housing project include a Local Housing Trust Fund (LHTF) grant awarded to the project in the amount of $3,333,333 from the California Department of Housing and Community Development (HCD). Matching funds requiredby the grant include the 1.33-acre site, valued at approximately $5 million, plus $5 million from the Alameda County Measure A-1 Bond Fund.
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DESCRIPTION:BackgroundEden Housing proposes to develop a 1.33-acre site that is currently occupied by a one-story commercial building. The site is located at the corner of Regional Street and the future extension of St. Patrick Way west of the West Dublin/ Pleasanton BART station at 6541-6543 Regional Streetas shown in Figure 1. The property is bound by commercial uses and I-580 to the south, the future 499-unit Avalon West project (formerly the St. Patrick Way Residential project) to the east, the future extension of St. Patrick Way and commercial uses to the north, and Regional Street and commercial uses to the west.Figure 1. Location Map
The project site is located in the Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP) as shown in Figure 2.
SUBJECT
PROPERTY
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Figure 2. Transit-Oriented District/Vicinity Map
The DDSP identifies a pool of 2,500 residential units that may be constructed in the DDSP area. As part of the proposed project, the applicant is required to enter into a Community Benefit Program Agreement (CBA) in exchange for using units from the Development Pool. The CBA is subject to review and approval by the City Council. Since the establishment of the pool, 783 units have been constructed, 799 units have been approved, and 114 units have been reserved. There are 804units remaining in this pool as shown in Table 1 below.Table 1. DDSP Residential Development PoolProjectAddress Units StatusTotal Units in Development Pool 2,500Connolly Station 7550 St. Patrick Way 309 Constructed Aster (Bay West) 7544 Dublin Blvd. 313 Constructed Valor Crossing (Eden) 6707 Golden Gate Dr. 66 Constructed The Perch (Trumark Homes)7144 Regional St. 60 ConstructedAvesta Development 7601 Amador Valley Blvd. 35 ConstructedSt. Patrick Way 6700 St. Patrick Way 499 Approved 2018*Amador Station (BRIDGE Housing)Golden Gate Drive 300 Approved August 2021 Regional Street (proposed project) 6543 Regional Street 114 Reserved July 2020 Total Reserved Units 1,696Remaining Units 804*Building permit currently under review and expected to be issued before the end of the year.On July 21, 2020, in conjunction with authorizing the City Manager to submit a LHTF grant application to HCD for the proposed project, the City Council reserved up to 114 residential units
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from the DDSP Development Pool and directed Staff to issue a Letter of Intent to Eden Housing to provide matching funds that were required to receive the grant. The matching funds identified in the grant application include the 1.33-acre site, valued at approximately $5 million, plus $5 million from the Alameda County Measure A-1 Bond.The City Council directed Staff to proceed with processing the project entitlements for consideration by the Planning Commission and prepare a Community Benefit Program Agreement for the City Council to consider.Upon submittal of the Site Development Review Permit application, Eden Housing reduced the number of units to 113. On November 23, 2021, the Planning Commission approved the Site Development Review Permit, pending approval of the Community Benefit Program Agreement by the City Council. The Planning Commission Staff Report is included as Attachment 3. ProposalEden Housing is seeking 113 units from the residential development pool. In exchange for this allocation, Eden has agreed to provide the following benefit to the City, which was outlined in the July 21, 2020 City Council Staff Report (Attachment 4), and is memorialized in the Community Benefit Program Agreement under consideration by the City Council:
100% of the project units (with the exception of a manager’s units) would be affordable to households earning no more than 60% of area median income (AMI), with 30% of the project units affordable to households earning no more than 30% of AMI.The City Council Resolution approving the Community Benefit Program Agreement is included as Attachment 1 and the Community Benefit Program Agreement is included as Attachment 2.
STRATEGIC PLAN INITIATIVE:Strategy 3: Create More Affordable Housing OpportunitiesObjective A: Facilitate production of affordable housing for lower-income seniors, workforce, andspecial needs households by leveraging the Alameda County Measure A-1 Bond fundsand the City’s Affordable Housing Fund.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:Two City-led Community Meetings were held on October 12 and October 13, 2021, to provide Dublin residents with information about the proposed Regional Street residential project. Sixresidents attended the meeting on October 12 and two residents attended the meeting on October 13. Three members of the applicant team attended each meeting. Staff provided a presentation that included an overview of the new Community Meeting concept, the City’s development review process, and the proposed project. Questions were asked about the age requirement for seniors, the total amount remaining in the City’s Affordable Housing Fund, the construction schedule, Alameda County’s specific income limits for low and very low-income households, and how to stay current with the project as it progresses through the entitlements process.A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant.
ATTACHMENTS:1) Resolution Approving a Community Benefit Program Agreement between the City of Dublin and Corona/Ely Ranch, Inc.2) Exhibit A to the Resolution – Community Benefit Program Agreement 3) November 23, 2021 Planning Commission Staff Report (without attachments)4) April 20, 2021 City Council Staff Report (without attachments)
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Attachment 1
RESOLUTION NO. XX-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A COMMUNITY BENEFIT PROGRAM AGREEMENT BETWEEN THE CITY
OF DUBLIN AND CORONA/ELY RANCH, INC.
WHEREAS,the Applicant, Corona/Ely Ranch, Inc. (Eden Housing’s controlled affiliate)
is seeking to develop a 1.33-acre site located at 6541-6543 Regional Street west of the West
Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan Transit-Oriented
District. The proposed project consists of 113 units of affordable senior housing intended for
independent living; and
WHEREAS,the 113 residential units are permitted in the Transit-Oriented District of
the Downtown Dublin Specific Plan; and
WHEREAS,on November 23, 2021 the Planning Commission adopted Resolution No.
21-11 approving the Site Development Review Permit for the proposed project subject to
approval of a Community Benefit Program Agreement by the City Council; and
WHEREAS,Eden Housing is seeking 113 units from the Downtown Dublin Specific
Plan Development Pool. In exchange for this allocation, Eden Housing will contribute
community benefits in the form of a 100% affordable senior housing project (excluding one
property manager’s unit) that would be affordable to households earning no more than 60% of
area median income (AMI), with 30% of the project units affordable to households earning no
more than 30% of AMI; and
WHEREAS, the effective date of the Community Benefit Program Agreement
(“Agreement”) shall be the date upon which City Council approves the Agreement; and
WHEREAS,the term of the Agreement shall commence on the effective date and shall
extend until the earlier of the following: 1) the Applicant has provided the community benefit to
the City as provided in Section 3 of the Agreement; 2) any of the project approvals expire; or
3) two years after the effective date plus any extensions granted pursuant to Section 4.1 of
the Agreement provided the Applicant has at the time of such extension applied for a building
permit. This term and any extensions granted shall apply to the Site Development Review
Permit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the Community Benefit Program Agreement between the City of Dublin and
Corona/Ely Ranch, Inc. as attached as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to
execute the Agreement and gives the City Manager authority to execute any minor
amendments to the Agreement, as needed, to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of December 2021, by the
following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CITY OF DUBLIN COMMUNITY BENEFIT PROGRAM AGREEMENT
Corona/Ely Ranch, Inc., 6541‐6543 Regional Street
This Community Benefit Program Agreement (“Agreement”) is entered into on December 7, 2021,
by and between the City of Dublin, a municipal corporation (“City”) and Corona/Ely Ranch, Inc., a
California nonprofit public benefit corporation (“Developer”). City and Developer are, from time‐to‐time,
individually referred to in this Agreement as a “Party,” and are collectively referred to as “Parties.”
RECITALS
A.On February 1, 2011, the City adopted Resolution No. 9‐11 establishing a “Downtown Dublin
Specific Plan” (the “Specific Plan”), which sets forth a comprehensive set of guiding principles,
standards, and design guidelines for the implementation of future development in Downtown
Dublin (“the Specific Plan Area”).
B.The Specific Plan regulates the density of development allowed in the Specific Plan Area by
establishing a “Base Floor Area Ratio (FAR)” for development in each of the three districts within
the Specific Plan Area.
C.The Specific Plan also establishes a pool of additional development potential, in the form of
1,320,220 square feet of non‐residential development, 150 hotel rooms and 2,500 residential
dwelling units (collectively “the Excess Capacity”) apportioned between the three districts in the
Specific Plan Area. The pool can be used by developers that wish to develop a project that exceeds
the Base FAR up to a defined “Maximum FAR” and by developers that wish to develop residential
dwelling units. Developers wishing to utilize said Excess Capacity must participate in the
Community Benefit Program and enter into a Community Benefit Program Agreement with the
City.
D.Developer proposes to develop certain property at 6541‐6543 Regional Street within the Specific
Plan Area (“the Property”), which is within the Transit Oriented District of the Specific Plan Area,
and as part of its proposal desires to develop 113 units of affordable senior and/or special needs
housing (inclusive of one manager’s unit) on approximately a 1.33‐acre site (“the Project”). In
exchange for requesting residential units from the Downtown Dublin Specific Plan Development
Pool to enable development of the Project, Developer proposes 100 percent of the residential
units (excluding the manager’s unit which would be unrestricted) would be affordable to
households earning no more than 60 percent of area median income, with 30 percent of the
residential units affordable to households earning no more than 30 percent of area median
income (“the Community Benefit”).
E.Developer will need to submit for a Site Development Review for the Property, which approval, if
granted, together with any approvals or permits now or hereafter issued with respect to the
Project are referred to as the “Project Approvals.”
Attachment 2
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F. The City and Developer have reached agreement with respect to the Community Benefit and
desire to express herein a Community Benefit Program Agreement clearly setting forth the
Community Benefit to be provided by the Developer, and the scope and nature of excess
development capacity to be granted to Developer in exchange for said Community Development.
G. The Project is located within the Specific Plan area, which was the subject of an Environmental
Impact Report (EIR), State Clearinghouse No. 20100022005. The Downtown Dublin Specific Plan
Final EIR was certified by City Council Resolution No. 08‐11 dated February 1, 2011, and updated
with addendums adopted by the City in Resolution No. 50‐14, Resolution No. 126‐19 and
Resolution No. 79‐20 (“Specific Plan EIR”). Pursuant to the California Environmental Quality Act
(CEQA) Guidelines Section 15168, the Community Benefit Program Agreement is within the scope
of the Project analyzed in the Specific Plan EIR and no further CEQA review or document is
required. This Community Program Benefit Agreement does not impede, impair or otherwise seek
to truncate or limit the City discretion in considering any future Project Approvals for conducting
any future CEQA review as required by applicable law.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises,
obligations and covenants herein contained, City and Developer agree as follows:
AGREEMENT
1. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated and voluntarily
entered into by the City and Developer and that the Developer is not an agent of the City. The
City and Developer hereby renounce the existence of any form of joint venture or partnership
between them, and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as making the City and Developer joint venturers or
partners.
2. Effective Date and Term.
2.1 Effective Date. The effective date of this Agreement (“Effective Date”) shall be the date
upon which City Council approves the Agreement.
2.2 Term. The term of this Agreement shall commence on the Effective Date and shall extend
until the earlier of the following: 1) the Developer has provided the Community Benefit
to the City as provided in Section 3 of this Agreement, 2) any of the Project Approvals
expire, or 3) two years after the Effective Date plus any extensions granted pursuant to
Section 4.1 provided the Developer has at the time of such extension applied for a
building permit. This term and any extensions granted shall apply to the Site Development
Review permit.
3. Community Benefit to Be Provided by Developer.
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3.1 Affordable Housing Project. Developer shall provide the following Community Benefit to
the City: the development of an affordable housing project with 113 units of affordable
senior and/or special needs housing (inclusive of one manager’s unit) with 100 percent of
the project units being affordable to households earning no more than 60 percent area
median income, with 30 percent of the project units affordable to households earning no
more than 30 percent of area median income. The manager’s unit will be unrestricted.
3.2 Treatment of Affordable Unit Credits Created by Development. The Parties agree that any
“affordable unit credits” created by virtue of the construction of affordable housing shall
accrue to City. In furtherance of this Agreement, Developer shall take reasonable efforts
to create the “affordable unit credits” pursuant to Section 8.68.060 of the Dublin
Municipal Code and any such credits shall be deemed immediately transferred to City
once they have been created.
4. Residential Allocations; Reservation of Excess Development Capacity.
4.1 Residential Allocations. As of the Effective Date, City shall grant 113 Residential
Allocations out of the Development Pool established by the Downtown Dublin Specific
Plan for the development of the Project. The term “Residential Allocation” as used in the
Agreement means an allocation of the right to construct residential units from the
Development Pool established by the Downtown Dublin Specific Plan. Once granted, the
Residential Allocations for the Project shall extend until two (2) years from the Effective
Date. The City Manager may, in his or her sole discretion, extend the Residential
Allocation Term to a date determined by the City provided the Developer has at the time
of such extension applied for a building permit.
4.2 Reservation of Excess Capacity. During the term of the Agreement, and so long as each of
the Project Approvals remain in effect, City shall reserve 113 units from the Downtown
Dublin Specific Plan Development Pool for Developer’s use. If Developer fails to provide
the Community Benefit during the term of this Agreement, the Excess Capacity reserved
for Developer shall revert to the pool maintained by the City and will be available to other
developers on a “first come, first served” basis.
4.3 Limitation on City’s Obligation. This Agreement shall not be construed to require the City
to issue any Project Approval to the Developer. City is solely required to reserve the
Excess Capacity identified in Section 4.1 of this Agreement. Other than this obligation,
nothing in this Agreement shall prevent the City from denying or conditionally approving
any subsequent land use permit or authorization for the Project. All of City’s applicable
ordinances, resolutions, rules, regulations and official policies shall apply to the Project
including, but not limited to, those governing the permitted uses of the Property, design
and construction of the Project, density and intensity of use of the Project, and the
maximum height, bulk and size of proposed buildings within the Project.
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5. Amendment or Cancellation.
5.1 Amendment by Mutual Consent. This Agreement may be amended in writing from time
to time by mutual consent of the parties.
6. Severability.
The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this
Agreement shall not render the other provisions unenforceable, invalid or illegal, unless a Party’s
consideration materially fails as a result.
7. Attorneys’ Fees and Costs.
If the City or Developer initiates any action at law or in equity to enforce or interpret the terms
and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled. If
any person or entity not a party to this Agreement initiates an action at law or in equity to
challenge the validity of any provision of this Agreement, the parties shall cooperate in defending
such action. Developer shall bear its own costs of defense as a real party in interest in any such
action, and shall reimburse the City for all reasonable court costs and attorneys’ fees expended
by the City in defense of any such action or other proceeding.
8. Assignment.
Developer may wish to sell, transfer or assign all or portions of the Property to other developers
(each such other developer is referred to as a “Transferee”). In connection with any such sale,
transfer or assignment to a Transferee, Developer may sell, transfer or assign to such Transferee
its rights and obligations under this Agreement, so long as said transfer would not result in
development of the Property in excess of the FAR permitted by the Project Approvals. Affiliates
of Developer, including ventures in which Developer is the development partner but not the
majority owner, will not be considered Transferees for these purposes. No such transfer, sale or
assignment of Developer’s rights, interests and obligations hereunder shall occur without prior
written approval by the City Manager. The City Manager shall not unreasonably withhold
approval of any transfer and the sole criterion shall be that the proposed Transferee possesses
the financial ability to satisfy the obligations of Developer pursuant to Sections 3.1 and 3.2 of this
Agreement. Developer shall submit to the City Manager any notice of Developer’s intent to
transfer, sell or assign its interest, which shall include documentation that the Transferee satisfies
the criterion. Within five (5) business days after Developer submits its notice, the City Manager
may request any commercially reasonable documents, certifications and other information
necessary to determine whether the criterion is met, and the City Manager’s failure to request
such additional information shall constitute a determination that no such further information is
needed. The City Manager will make a written determination on any transfer, sale or assignment
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on or before the later of: 1) five (5) days after Developer’s submission of additional information if
requested by the City Manager, or ten (10) calendar days after Developer’s notice of the proposed
transfer, and the City Manager’s failure to object in writing to the transfer, sale or assignment
within such time period shall constitute approval of the transfer.
9. Notices.
All notices required to be given to City under this Agreement shall be in writing and shall be
addressed as follows:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
Phone: (925) 833‐6650
Fax: (925) 833‐6651
Email: city.manager@dublin.ca.gov
All notices required to be given to Developer under this Agreement shall be in writing and shall
be addressed as follows:
Corona/Ely Ranch, Inc.
Attn: Senior Vice President of Real Estate
22645 Grand Street
Hayward, CA 94541‐5031
Phone: (510) 582‐1460
Email: aosgood@edenhousing.org
10. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of the parties.
11. Legal Authority.
Each individual executing this Agreement hereby represents and warrants that he or she has full
power and authority under the entity’s governing documents to execute and deliver this
Agreement in the name of and on behalf of the company and to cause the entity to perform its
obligations under this Agreement.
12. No Third Party Beneficiaries.
This Agreement is made and entered into for the sole benefit of the Parties and their successors
and assigns. No other persons shall have any right of action based upon any provision of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date and year first above written.
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CITY OF DUBLIN
By: ______________________________
Linda Smith, City Manager
Attest:
_________________________________
Marsha Moore, City Clerk
Approved as to form
__________________________________
John D. Bakker, City Attorney
CORONA/ELY RANCH, INC.,
a California nonprofit public benefit corporation
By: ___________________________
Linda Mandolini, President
5007598.1
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STAFF REPORT
Planning Commission
Page 1 of 13
DATE: November 23, 2021
TO: Planning Commission
SUBJECT: Regional Street Residential Project (PLPA-2021-00035)
Prepared by: Carla Violet, Contract Planner
EXECUTIVE SUMMARY:
The Planning Commission will consider a Site Development Review Permit for a 1.33-acre site
located at 6541-6543 Regional Street west of the West Dublin/Pleasanton BART Station within
the Downtown Dublin Specific Plan Transit-Oriented District. The proposed project is a 113-
unit affordable senior housing development intended for independent living, and includes
indoor and outdoor amenity spaces, property management offices, and a surface parking lot.
The Planning Commission will also consider an exemption from the requirements of the
California Environmental Quality Act (CEQA).
STAFF RECOMMENDATION:
Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt a Resolution
approving a Site Development Review Permit for the Regional Street Residential project at
6541-6543 Regional Street in Downtown Dublin.
DESCRIPTION:
Eden Housing is proposing to develop a 1.33-acre site that is currently occupied by a one-story
commercial building. The site is located at the corner of Regional Street and the future
extension of St. Patrick Way west of the West Dublin/ Pleasanton BART station at 6541-6543
Regional Street as shown in Figure 1. The property is bound by commercial uses and I-580 to
the south, the future 499-unit Avalon West project (formerly the St. Patrick Way Residential
project) to the east, the future extension of St. Patrick Way and commercial uses to the north,
and Regional Street and commercial uses to the west.
Attachment 3
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Figure 1. Location Map
The project site is located in the Transit-Oriented District of the Downtown Dublin Specific
Plan (DDSP) as shown in Figure 2.
Figure 2. Transit-Oriented District/Vicinity Map
The DDSP identifies a pool of 2,500 residential units that may be constructed in the DDSP
area. As part of the proposed project, the applicant is required to enter into a Community
Benefit Agreement (CBA) in exchange for using units from the pool. The CBA is subject to
review and approval by the City Council. Since the establishment of the pool, 783 units have
been constructed. There are 804 units remaining in this pool as shown in Table 1 below.
SUBJECT
PROPERTY
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Table 1. DDSP Residential Development Pool
Project Address Units Status
Total Units in Development Pool 2,500
Connolly Station 7550 St. Patrick Way 309 Approved 2012 – complete
Aster (Bay West) 7544 Dublin Blvd. 313 Approved 2013 – complete
Valor Crossing (Eden) 6707 Golden Gate Dr. 66 Approved 2013 – complete
Trumark Homes 7144 Regional St. 60 Approved 2015 – complete
Avesta Development 7601 Amador Valley Blvd. 35 Approved 2016 – complete
St. Patrick Way 6700 St. Patrick Way 499 Approved 2018
Amador Station
(BRIDGE Housing)
Golden Gate Drive 300 Approved August 2021
Regional Street
(proposed project)
6543 Regional St. 114 Reserved July 2020
Total Reserved Units 1,696
Remaining Units 804
Background
Land Transfer Pursuant to Bay View Group Development Community Benefit Agreement
On May 1, 2018, the City Council approved a CBA between the City and Bayview Development
Group, Inc. for a 499-unit residential project at 6700 Golden Gate Drive (the St. Patrick Way
Residential Project). The CBA outlined what Bayview Development Group would contribute to
the City in exchange for receiving residential units from the DDSP Development Pool,
including the dedication to the City or its designee of the subject 1.33-acre property located at
6541-6543 Regional Street. The City Council approved an amendment to the CBA in April 2020
extending the term of the agreement and assigning it to Crystal Bay Development, LLC.
Staff selected Eden Housing as the City’s third-party designee for the transfer of the subject
property. On March 16, 2021, the City Council authorized the City Manager to enter into an
Option Agreement with Eden Housing’s controlled affiliate Corona/Ely Ranch, Inc. for the
subject property. The Option Agreement ensured the City’s interest in developing the subject
property with affordable housing by requiring a Memorandum of Option be recorded against
the property concurrently with the grant deed transfer from Crystal Bay to Corona/Ely Ranch.
The Option Agreement gives the City an exclusive right and option to purchase the property
from Corona/Ely Ranch if: a) they fail to enter into a mutually acceptable Affordable Housing
Assistance Agreement within the time periods set forth in the contract; b) they attempt to
transfer the property before recording a Regulatory Agreement; or c) construction financing
for the project does not close within three years.
Local Housing Trust Fund Grant
On July 21, 2020, the City Council authorized the City Manager to submit a Local Housing
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Trust Fund (LHTF) grant application to the California Department of Housing and
Community Development (HCD) for the purpose of funding an affordable housing project on
the subject 1.33-acre property. In conjunction with this authorization, the City Council
reserved up to 114 residential units from the DDSP Development Pool and directed Staff to
issue a Letter of Intent to Eden Housing to provide matching funds that were required to
receive the grant. The matching funds identified in the grant application include the 1.33-acre
site, valued at approximately $5 million, plus $5 million from the Alameda County Measure A-
1 Bond.
Prior to submitting the grant application, Staff worked with Eden Housing on a preliminary
proposal to develop between 70 and 114 units of affordable housing with a projected total
development cost of between $46 million and $74 million. On February 10, 2021, the City
received notification that a LHTF grant in the amount of $3,333,333 had been awarded to the
project.
Alameda County Measure A-1 Bond Funds
Alameda County Measure A-1 was passed in November 2016 and will fund three programs
related to homeownership and two programs related to rental housing. Of the total amount
allocated to the Rental Housing Development Fund, the City’s Net Base Allocation is
$7,948,319. Cities have until December 31, 2021, to commit funds to specific projects.
“Commitment” is defined as a City Council action to allocate funds to a project. Funds not
committed before the deadline will be moved to the Regional Pool in which the city is located
on January 1, 2022.
The City Council committed $2.9 million of the City’s Net Base Allocation to the BRIDGE
Housing proposal on Golden Gate Drive on March 16, 2021. On October 5, 2021, the City
Council authorized commitment of $5,048,319 in Alameda County Measure A-1 Bond funds to
Eden Housing to assist with development of the affordable rental housing project on Regional
Street.
Proposed Project
Eden Housing proposes to develop a 1.33-acre property located at 6541-6543 Regional Street
with 113 affordable rental units to serve very low- and low-income seniors. The project would
include 55 studios, 57 one-bedrooms, and one unrestricted two-bedroom manager's unit. The
studios and one-bedroom units would be restricted to senior households earning between 20
to 50 percent of Alameda County area median income (AMI).
Site Development Review Permit
The DDSP contains allowed uses, development standards, and design guidelines for all
projects within its boundaries. The development standards contained in the DDSP are
purposefully permissive to allow flexibility in project design and implementation.
The proposed project would meet the development standards of the Transit-Oriented District
(DDSP Section 4.2). An overview of those standards and a comparison to the proposed project
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is provided in Table 2 below.
Table 2. Overview of DDSP Development Regulations
Development
Regulation
Standard Proposed
Density Range 30 to 85 units per acre (108-306
units)
84.9 units per acre (113 units)
Building Height 8 floors/ 90 feet 5 floors/60 feet
Setbacks:
St. Patrick Way 5 feet min.
15 feet max. (80% of bldg. façade)
6 feet
Regional Street 5 feet min. 6 feet
Parking:
Residential 1.5 spaces per unit 0.5 stall per unit (57 spaces) 1
Guest Parking Up to 15% of required parking 0
1 Recent changes in State Density Bonus Law allow qualifying projects, as a matter of right, to obtain lower
parking requirements than what would otherwise be required by local government standards. See Parking
section below for additional information.
Site Layout and Circulation
The proposed building would be sited on the north side of the parcel oriented along the future
extension of St. Patrick Way. Refer to the site plan in Figure 3 below.
Vehicular access to the project site would be from the Regional Street cul-de-sac. The entry to
the surface parking lot would be through a 20-foot-vehicular double gate providing access for
residents and guests.
All amenities, including the lobby, mail room, manager’s office, laundry room, fitness room
and community room would be located on the ground level along the St. Patrick Way
frontage. Two drop-off parking spaces are also proposed along St. Patrick Way.
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Figure 3. Site Plan
Architecture and Materials
The architectural concept for the residential development is a contemporary five-story
building with four stories of wooden construction over one-story of concrete construction.
The exterior finishes include a variety of contemporary building materials including, fiber
cement lap siding, textured concrete base, metal laser cut railing panels, perforated metal
window surrounds, and steel canopies. The building’s massing is broken up by the stepping
back and projecting forward of varying sections to appear more like a group of four smaller
buildings. The building’s articulation is further accented by the perforated metal window
surrounds and various color and material changes that create visual interest at different levels
(see Figures 4 and 5 below). The sections of the building are separated from one another
through the use of varied colors of horizontal bands of cementitious panels. The building
elevation along St. Patrick Way is highlighted with decorative balconies for individual
residential units on the ground floor and three outdoor terraces on the upper floors that
create additional visual interest.
Building perspectives and elevations are included in Attachment 2, Sheets A001-A002 and
A301-A302, respectively.
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Figure 4. Partial North Elevation from Corner of Regional Street and St. Patrick Way
Figure 5. Proposed Entry along St. Patrick Way
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Landscape Design
Project landscaping is designed to enhance the building’s architecture. The landscape is also
functionally designed to buffer the proposed building in key locations such as along the east
property line to be shared with the future Avalon West project. The DDSP encourages the use
of landscaping on all sides of buildings, along streets, walkways, driveways and private
outdoor spaces. A combination of trees, shrubs and groundcovers are also encouraged which
may be provided in planters, pots or in the ground. The DDSP supports the inclusion of shade
trees along walkways and near buildings. These encouraged features are included in the
proposed design.
The ground floor common area proposed along the easterly portion of the site would be the
primary outdoor activity area with four distinct areas linked by a loop pedestrian path. The
first is an outdoor lounge/event space, which would be an extension of the indoor community
room with moveable tables/chairs, self-seating elements, and art panels mounted on the
perimeter fences as focal elements. This courtyard area can also serve as a space for outdoor
dining or fitness groups. The other three areas include a sports court, garden area, and pet
relief zone (see Figure 7 below).
In addition to the ground level courtyard, the building would have four outdoor terraces with
a unique theme and plant palette. They include an orchid garden at level 2, a scent garden at
level 3, a perennial garden at level 4, and an edible garden at level 5. The conceptual
landscape plan is included in Attachment 2, Sheet L-4, with details on Sheets L-1 through L-7.
Figure 7. Landscape Plan
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Parking
With the passage of Assembly Bill 2345 (State Density Bonus Law), an affordable housing
project located within ½ mile of an accessible major transit stop is entitled to a reduced
parking requirement of .5 space per residential unit.
As noted in Table 2 above, the DDSP requires 1.5 spaces per residential unit and up to 15% of
the required parking for guest spaces. The project proposes a total of 57 spaces in a surface
level parking lot at the rear of the project site for the residential units and guest parking (.5
spaces per unit).
Public Art
The City’s public art requirement does not apply to 100% low-income housing projects. If the
affordability levels of the project were to increase, public art would be required pursuant to
Dublin Municipal Code Chapter 8.58 Public Art Program Contribution.
Consistency with General Plan, Specific Plan and Zoning Ordinance
The project is consistent with the General Plan land use designation of Downtown Dublin –
Transit-Oriented District and the DDSP. The DDSP was written as a comprehensive plan for
future development in the Downtown area. The Specific Plan contains the allowed uses,
development standards, and design guidelines with which all projects within the boundaries
must be in compliance. The proposed project, with the allocation of residential units from the
Development Pool as described above, is consistent with the DDSP and the City’s Zoning
Ordinance. The proposed project has been designed to be compatible with surrounding
residential and commercial properties, while encouraging the appropriate integration to
activate this key area of Downtown Dublin. In addition, the proposed project will contribute
to the implementation of the vision of the DDSP and the housing opportunities offered in the
DDSP area.
Downtown Dublin Specific Plan Guiding Principles
A set of guiding principles are included to help prioritize the direction and development
strategy for Downtown Dublin as a whole (DDSP Section 3.3). The purpose of the guiding
principles is to define a framework for future land uses, development standards and design
guidelines.
In addition, guiding principles for Downtown Dublin as a whole, have been identified for the
Transit‐Oriented District:
• Promote transit‐oriented development to create a distinctive and active district;
• Identify opportunity sites for future development that incorporate mixed‐use and
provide public and/or private plazas and outdoor gathering areas at strategic locations;
and
• Encourage underground and/or above ground parking structures.
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Downtown Dublin Specific Plan Vision
The established vision of the DDSP is to make Downtown Dublin “a vibrant and dynamic
commercial and mixed-use center that provides a wide array of opportunities for shopping, services,
dining, working, living and entertainment in a pedestrian-friendly and aesthetically pleasing setting
that attracts both local and regional residents.” The development of the subject property is an
important incremental improvement to advance this vision.
The proposed project also supports the narrower vision for the Transit-Oriented District
which is “to encourage the development of the area with land uses that support and complement
transit uses, particularly the West Dublin BART Station. These uses include high-density multi-
family residential and those that are generally more urban that the surrounding area.” In addition,
a pedestrian-scale, walkable environment is encouraged through the development of plazas
and connectively within the District and areas outside the District. The proposed project with
its site design will further the vision of the Transit-Oriented District.
Downtown Dublin Specific Plan Design Guidelines
The DDSP establishes design guidelines for development within the plan area (DDSP Section
4.4). The proposed project meets the key design guidelines of the DDSP (DDSP Section 4.4),
including:
• Using high-quality building materials and treating all building facades that are visible
from the public realm with similar architectural elements, materials, and colors;
• Incorporating treatments into the building design to ensure articulation and visual
interest by utilizing techniques such as changing direction of the wall or façade,
altering the height of the rooflines, providing projecting elements such as canopies,
balconies, trellises, and breaking up large surfaces with logical changes in materials,
texture, or colors;
• Use of bold colors as accent features only and maximizing the use of muted or soft
colors;
• For residential uses, porches, balconies, and courtyards and providing ground-floor
access to both individual and common building entrances; and
• Finishing materials and color used on all building facades should be complementary to
cone another and appropriate for the architectural style and character of the building.
Review by Applicable Departments and Agencies
The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San
Ramon Services District reviewed the project and provided Conditions of Approval where
appropriate to ensure that the project is established in compliance with all local ordinances
and regulations. Conditions of Approval from these departments and agencies have been
included in the attached Resolution (Attachment 1).
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ENVIRONMENTAL DETERMINATION:
On February 1, 2011, the City Council approved the DDSP to guide development within the
284-acre Downtown Dublin area and create a vibrant and dynamic mixed-use center
(Resolution No. 09-11). Pursuant to the requirements of CEQA, a Final Environmental Impact
Report (EIR) (State Clearinghouse No. 2010022005) was prepared for the DDSP and certified by
the City Council on February 1, 2011 (Resolution No. 08-11).
On May 6, 2014, the City Council adopted Resolution No. 49-14 adopting an Addendum to the
DDSP EIR for changes to the DDSP. The changes included increasing the number of
residential units permitted in the DDSP area by 1,200 units and decreasing the amount of
commercial square footage permitted by 773,000 square feet, creating minimum density
thresholds for the Transit-Oriented and Retails Districts, and restricting residential
development on the west side of San Ramon Road in the Retail District.
On December 3, 2019, the City Council adopted Resolution No. 126-19 adopting an Addendum
to the DDSP EIR for changes to the DDSP. The changes included an amendment to the
General Plan and DDSP to allow an increase in the allowable commercial floor area ratio in
the Transit-Oriented and Retail Districts to 2.5 and 2.0, respectively, combining the new
residential dwelling unit allocation into one pool for all three districts, and amending the
parking standards in the Village Parkway and Transit-Oriented Districts.
On July 21, 2020, the City Council adopted Resolution No. 79-20 adopting an Addendum to the
DDSP EIR for changes to the DDSP to implement the Downtown Dublin Preferred Vision
approved by City Council on November 5, 2019. The changes included a new street grid of
both public and private streets in the Retail District, siting of the Town Square, combining the
remaining allocation of new non-residential square footage from Transit-Oriented and Retail
Districts into one pool for the two areas, adding lodging as a permitted use in the Retail
District, and modifying the design guidelines in “The Core” area of the Retail District to
encourage walkable and pedestrian-friendly development.
The DDSP EIR and subsequent Addendums analyzed the construction of approximately 2.2
million square feet of non-residential development and 2,500 residential dwelling units,
included within the DDSP. Approval of the proposed 113-unit residential project would be
within the development threshold of the 2,500 residential dwelling units allocated for the
DDSP. In addition, the proposed project would conform with the development regulations
and design guidelines established in the DDSP as discussed above.
As provided in Government Code Section 21166 and Section 15162 of the CEQA Guidelines,
when an EIR has been prepared for a project (DDSP EIR), no new environmental document
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shall be prepared for the proposed project, unless the Planning Commission makes one of the
following determinations under Section 15162(a):
1. Substantial changes are proposed in the project which will require major revisions of
the previous EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the EIR was adopted,
shows any of the following:
a. The project will have one or more significant effects not discussed in the previous
EIR;
b. Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible, and would substantially reduce one or more significant effects of
the project, but the project proponents decline to adopt the mitigation measures or
alternative; or
c. Mitigation measures which are considerably different from those analyzed in the
previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure.
The City conducted a review to determine if the proposed project met any of the standards
requiring the preparation of supplemental environmental review under CEQA and concluded
that the project is within the scope of development analyzed by the DDSP EIR and subsequent
Addendums. The circumstances under which the project is to be undertaken have not
substantially changed since the DDSP EIR and subsequent Addendums were prepared and
will not substantially change with approval of the project. The DDSP EIR adequately described
the impacts of the project for the purposes of CEQA, and no mitigation measures or new
alternatives are required other than those previously disclosed and analyzed in the DDSP EIR
and subsequent Addendums. Approval of the project will not create any site-specific
operations giving rise to environmental effects different from those examined by the DDSP
EIR or requiring the preparation of an Initial Study. The proposed project is subject to the
DDSP Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA
Guidelines Section 15182, the project impacts are covered by the DDSP EIR and its
Addendums and no further environmental review is required for this project.
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Furthermore, the proposed project is exempt from further environmental review pursuant to
Government Code Section 65457 and CEQA Guidelines Section 15182(c)(Residential Projects
Implementing Specific Plans), which states: "Eligibility. Where a public agency has prepared
an EIR on a specific plan after January 1, 1980, a residential project undertaken pursuant to
and in conformity to that specific plan is exempt from CEQA if the project meets the
requirements of this section….If after the adoption of the specific plan, an event described in
Section 15162 occurs, the exemption in this subdivision shall not apply until the city or county
which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the
specific plan.” As identified in CEQA Guidelines Section 15162 and described above,
supplemental environmental review is required only when there are new or substantially
more severe significant environmental impacts which require major revisions to the EIR due
to project changes, substantial changes with respect to circumstances under which the
project is undertaken or new information of substantial importance. Therefore, no further
environmental review is required.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Two City-led Community Meetings were held on October 12 and October 13, 2021, to provide
Dublin residents with information about the proposed Regional Street residential project. Six
residents attended the meeting on October 12 and two residents attended the meeting on
October 13. Three members of the applicant team attended each meeting. Staff provided a
presentation that included an overview of the new Community Meeting concept, the City’s
development review process, and the proposed project. Questions were asked about the age
requirement for seniors, the total amount remaining in the City’s Affordable Housing Fund,
the construction schedule, Alameda County’s specific income limits for low and very low-
income households, and how to stay current with the project as it progresses through the
entitlements process.
In accordance with State law, a public notice was mailed to all property owners and occupants
within 300 feet of the proposed project to advertise the project and the upcoming public
hearing. A public notice also was published in the East Bay Times and posted at several
locations throughout the City. A Planning Application sign was posted on the project site and
the project was also included on the City’s development projects webpage. A copy of this Staff
Report has been provided to the Applicant.
ATTACHMENTS:
1) Planning Commission Resolution Approving Site Development Review Permit
2) Exhibit A to Resolution - Project Plans
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STAFF REPORT
CITY COUNCIL
DATE: July 21, 2020
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Local Housing Trust Fund Program
Prepared by: Jim Bergdoll, Senior Planner and Kristie Wheeler, Assistant
Community Development Director
EXECUTIVE SUMMARY:
The City Council will consider adoption of a Resolution authorizing the City Manager to
submit an application and receive up to $3,333,333 in grant funds from the State of
California’s Local Housing Trust Fund (LHTF) Program. The purpose of the LHTF
Program is to provide matching funds to local and regional housing trust funds
dedicated to the creation, rehabilitation, or preservation of affordable housing,
transitional housing and emergency shelters. These grant funds will be used to help
fund a 100 percent affordable rental housing project proposed at 6541 Regional Street.
The City Council will also consider reserving up to 114 units from the Downtown Dublin
Specific Plan Development Pool for this affordable housing project.
STAFF RECOMMENDATION:
Adopt a Resolution Authorizing Application for, and Receipt of, Local Housing Trust
Fund Program Funds; authorize the reservation of up to 114 residential units from the
Downtown Dublin Specific Plan Development Pool and preparation of a Community
Benefit Agreement; and direct Staff to issue a Letter of Intent to Eden Housing to
provide funding for an affordable rental housing project at 6541 Regional Street.
FINANCIAL IMPACT:
The Local Housing Trust Fund Program requires a minimum one-to-one match from
eligible local housing trust funds and awards maximum points for applications proposing
a three-to-one match. Staff proposes to commit land (valued at approximately $5
million) plus approximately $5 million from the Alameda County A-1 Bond or the City’s
Affordable Housing Fund as matching funds for a three-to-one match. Additionally, Staff
time is required to prepare the grant application and administer the receipt and
disbursement of the grant funds.
DESCRIPTION:
Attachment 4
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The Local Housing Trust Fund (LHTF) Program is funded by the Veterans and
Affordable Housing Bond Act of 2018 (Proposition 1) and administered by the California
Department of Housing and Community Development (HCD). HCD will allocate up to
$300 million of the bond proceeds over a number of years. The purpose of the LHTF
Program is to provide matching funds to local and regional housing trust funds
dedicated to the creation, rehabilitation, or preservation of affordable housing,
transitional housing, and emergency shelters.
A Notice of Funding Availability (NOFA) was released on April 30, 2020, for
approximately $57 million in funds from the LHTF Program with an application deadline
of August 3, 2020. The program provides grants of up to $5 million. Grants are
awarded on a competitive basis using a number of criteria to rate application submittals.
Amongst other requirements, the City Council must adopt a Resolution authorizing the
City Manager to submit an application and receive grant funds from the LHTF Program
(Attachment 1). In addition, the application must identify an eligible project, provide
matching funds and make a commitment to housing affordability. Staff is proposing to
request a grant of $3,333,333 as further discussed below.
Eligible Project
Staff proposes to submit a grant application for a proposed affordable housing project
on a 1.3-acre site located at 6541 Regional Street. This site will be acquired by the City
for affordable housing through an approved Community Benefit Agreement (CBA)
associated with the adjacent St. Patrick Way Residential Project. Staff has been
working with Eden Housing (Eden) over the past two years on potential affordable
housing proposals for this site. Eden has prepared a preliminary proposal to develop
between 70 and 114 units of affordable senior and/or special needs housing with a
projected total development cost of between $46 million and $74 million (Attachment 2).
Commitment of Housing Affordability
Eden’s proposal for the Regional Street site would meet the required LHTF Program
affordability criteria. One hundred percent of the project units would be affordable to
households earning no more than 60 percent of area median income (AMI), with 30
percent of the project units affordable to households earning no more than 30 percent of
AMI.
Matching Funds for Project
The LHTF Program requires a minimum one-to-one local match of funds and maximum
points are awarded to applications that include a three-to-one match. Staff is proposing
a three-to-one match which includes the 1.3-acre site that the City will acquire through
the CBA (valued at approximately $5 million) plus approximately $5 million either from
the Alameda County A-1 Bond (leaving approximately $3 million in A-1 Bond money
available to allocate to another affordable project in the future) or the City’s Affordable
Housing Fund. Dublin’s Affordable Housing Fund currently has sufficient funds that
could be pledged for the match, but grant applicants receive extra points for using a
“non-residential source” such as the A-1 Bond funds. The total match of approximately
$10 million equals three times the $3,333,333 grant request in the proposed LHTF
Program application. The requested amount is based on the project need and the
opportunity to leverage the local funds to maximize the competitiveness of the
application.
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Downtown Dublin Specific Plan Development Pool
The Downtown Dublin Specific Plan identifies the number of residential units that can be
constructed within the Specific Plan area and has established a pool of these units. A
developer must request City Council authorization to reserve units from the pool and
provide a benefit to the community for use of the units. A Community Benefit
Agreement is required to ensure that a benefit is provided and establishes a timeframe
in which the developer must construct the units. The units are returned to the pool at
the end of the established timeframe, if not constructed.
Eden has prepared a preliminary proposal to develop between 70 and 114 units of
affordable senior and/or special needs housing and is requesting authorization for an
allocation of up to 114 units from the Downtown Dublin Specific Plan Development Pool.
In order to construct the project, a Community Benefit Agreement and Site Development
Review Permit will be required.
Eden and Staff have discussed the terms of the community benefit, as follows:
• Eden would receive an allocation of up to 114 units from the Downtown Dublin
Specific Plan Development Pool. In exchange for the allocation of development
capacity, 100 percent of the project units would be affordable to households
earning no more than 60 percent of AMI, with 30 percent of the project units
affordable to households earning no more than 30 percent of AMI.
• The term of the reserved units obtained from the Development Pool is two years
from City approval of project entitlements, which in this case will be a Site
Development Review Permit, unless that timeframe is extended by the City.
City Council authorization to prepare the Community Benefit Agreement does not imply
any endorsement of the project. Eden will need to submit a Site Development Review
Permit application for complete review. This application will be reviewed concurrently
with preparation of the Community Benefit Agreement.
Letter of Intent
Staff proposes to issue a Letter of Intent (Attachment 3) to Eden Housing to provide the
project site and approximately $5 million for the proposed affordable housing project
identified in the LHTF Program application. The Letter of Intent will increase the
competitiveness of the City’s application by providing “tie-breaker” points, if needed.
Through the Letter of Intent, the City is committing to the development of an affordable
housing project on the Regional Street site in partnership with Eden Housing, contingent
on the project securing all the necessary financing and permits to build the project.
Eden has successfully developed four other affordable housing projects in Dublin over
the past 15 years and has established a solid working relationship with the City over
those years.
ENVIRONMENTAL REVIEW:
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The Resolution authorizing the City Manager to submit an application and receive grant
funds from the LHTF Program is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 as the
application does not meet CEQA’s definition of a “project” and would not result in either
a direct physical change, or a reasonably foreseeable indirect physical change in the
environment.
STRATEGIC PLAN ALIGNMENT:
Strategy 3: Create More Affordable Housing Opportunities
Objective A: Facilitate production of affordable housing for lower income seniors,
workforce and special needs households by leveraging the Alameda County Measure
A-1 Bond funds and the City’s Affordable Housing Fund.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Authorizing Application for, and Receipt of, Local Housing Trust Fund
Program Funds
2. Project Description
3. Letter of Intent
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