HomeMy WebLinkAbout4.3 Branaugh Property (PLPA-2021-00014)II
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: March 21, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Branaugh Property (PLPA-2021-00014)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
Agenda Item 4.3
On March 7, 2023, the City Council held a public hearing to consider the Branaugh Property
project, which includes an amendment to the existing Planned Development Zoning Stage 1
Development Plan, approval of a Planned Development Zoning Stage 2 Development Plan, Vesting
Tentative Parcel Map No. 9306 and Development Agreement. The City Council approved an
Addendum to the Eastern Dublin Specific Plan Environmental Impact Reports, the Vesting
Tentative Parcel Map, and introduced the Planned Development Ordinance and Development
Agreement Ordinance. The City Council is now being asked to waive the second reading of
Ordinances approving the Planned Development Rezone and Development Agreement for the
Branaugh project.
STAFF RECOMMENDATION:
Waive the second readings and: 1) adopt the Ordinance Amending the Zoning Map and Approving
Amendments to Planned Development Zoning Ordinance No. 32-05 for Fallon Village and
Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property;
and 2) adopt the Ordinance Approving a Development Agreement Between the City of Dublin and
BEX Development Related to the Branaugh Property Project.
FINANCIAL IMPACT:
All costs associated with the processing of the application are paid by the applicant.
DESCRIPTION:
Background
The Branaugh property is located north of Interstate 580, adjacent to the eastern city boundary,
and south of the Croak property (East Ranch Project) within the Fallon Village project area (refer
to Figure 1).
Page 1 of 3
23
On March 7, 2023, the City Council held a public hearing and adopted Resolution No. 22-23
approving Vesting Tentative Parcel Map No. 9306 and waived the first reading and introduced
Ordinances amending the zoning map and approving the Planned Development Zoning District
with the Stage 1 and Stage 2 Development Plan for the project and approving a Development
Agreement. Please refer to March 7 City Council Staff Report included as Attachment 6 for a
complete description of the proposed project.
The City Council is now being asked to adopt the Ordinance approving the Planned Development
Zoning (Attachment 1) and the Ordinance approving the Development Agreement (Attachment 4)
for the Branaugh Property Project.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Prior CEQA analysis for
the Fallon East project area includes: 1) the East Dublin General Plan and Specific Plan EIR (1993);
2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR
(2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental
review documents are referred to as the "EDSP EIRs." Pursuant to CEQA Guidelines and using the
City's Initial Study Checklist, the City assessed whether any further environmental review is
required for the proposed project and determined an Addendum to the EDSP EIRs is the
appropriate CEQA review.
Page 2 of 3
24
STRATEGIC PLAN INITIATIVE:
Strategy 5: Large Land Tract Development and Open Space.
Objective B: Work with the area property owners in conjunction with the Dublin Blvd. extension
project on issues such as road and project mitigation, entitlements, as well as supporting
infrastructure.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Amending the Zoning Map and Approving Amendments to Planned Development
Zoning Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning
Stage 2 Development Plan for Branaugh Property
2) Exhibit A to the Ordinance - Architectural Guidelines
3) Exhibit B to the Ordinance - Landscape Guidelines
4) Ordinance Approving a Development Agreement Between the City of Dublin and BEX
Development Related to the Branaugh Property Project
5) Exhibit A to the Ordinance - Development Agreement
6) City Council March 7, 2023 Staff Report, without attachments
Page 3 of 3
25
ORDINANCE NO. xx — 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Attachment I
AMENDING THE ZONING MAP AND APPROVING AMENDMENTS TO PLANNED
DEVELOPMENT ZONING ORDINANCE NO. 32-05 FOR FALLON VILLAGE AND
APPROVING A PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR
THE BRANAUGH PROPERTY
PLPA 2021-00014
(APN 905-0001-004-04)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Branaugh Property is located in the Fallon Village Project area. Through Ordinance
No. 32-05, the City Council adopted a Planned Development Zoning Stage 1 Development
Plan the Fallon Village Project Area which, among other approvals, established the
maximum number of residential units at 3,108 units for the Fallon Village Project Area.
B. The Applicant, Randy Branaugh, is requesting a Planned Development Zoning Stage 2
Development Plan and amendments to the Stage 1 Development Plan. The proposed
Project would allow up to 97 residential units and 527,773 square feet of industrial uses.
Requested land use approvals include a Planned Development Zoning Stage 2
Development Plan, amendments to the Stage 1 Development Plan, and Vesting Tentative
Parcel Map No. 9306 and a Development Agreement among other related actions. These
planning and implementing actions are collectively known as the "Branaugh Property
Project" or the "Project."
C. The 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin, north of
Interstate 580 and immediately adjacent to the City limit and urban limit line.
D. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City
prepared an Addendum for the Project, which reflected the City's independent judgment
and analysis of the potential environmental impacts of the Project. Prior CEQA analysis for
the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific
Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation
Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively,
these three environmental review documents are referred to as the "EDSP EIRs."
E. Following a public hearing on February 14, 2023, the Planning Commission adopted
Resolution No. 23-01, recommending approval of the Addendum and the Branaugh
Property Project.
F. The City Council considered the Addendum to the EDSP EIRs, and all above referenced
reports, recommendations, and testimony prior to taking action on the Project.
G. On March 7, 2023, the City Council adopted Resolution No. 22-23 approving Vesting
Tentative Parcel Map No. 9306.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9
26
SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council
finds as follows:
1. The proposed Planned Development Zoning District meets the purpose and intent of
Chapter 8.32 in that 1) it provides maximum flexibility and diversification in the
development of property; 2) maintains consistency with, and implement the provisions
of, the Dublin General Plan and the Eastern Dublin Specific Plan; 3) protects the
integrity and character of both residential and non-residential areas of the City; 4)
encourages efficient use of land for preservation of sensitive environmental areas
such as open space areas and topographic features; 5) provide for effective
development of public facilities and services for the site; 6) encourages use of design
features to achieve development that is compatible with the area; and 7) allows for
creative and imaginative design that will promote amenities beyond those expected in
conventional developments.
2. The proposed amendment would be harmonious and compatible with existing and
potential development in surrounding areas in that 1) the proposed project is located
within the Fallon Village Stage 1 Development Plan area which has a mixed of
residential, commercial and industrial areas; 2) the project's residential area will be
consistent with the planned residential project (East Ranch) to the north and medium
density residential land use to the west and 3) the industrial area to the west is
envisioned to be developed with similar and compatible uses.
3. The subject site is physically suitable for the type, intensity of the zoning district being
proposed in that the proposed density and development standards in the proposed
zoning is consistent with the existing Stage 1 Development Plan and existing land use
designations in the General Plan and Eastern Dublin Specific Plan.
4. The proposed amendment will not adversely affect the health or safety of persons
residing or working in the vicinity, or be detrimental to the public health, safety and
welfare in that 1) the proposed amendment addresses the planned design of the
Dublin Boulevard extension and provides for a higher FAR for warehousing uses only
consistent with the General Plan and Eastern Dublin Specific Plan and 2) the
industrial area to the west is envisioned to be developed with similar and compatible
uses.
5. The proposed amendment is consistent with the Dublin General Plan and the Eastern
Dublin Specific Plan in that the proposed land uses are densities are consistent with
existing land use designations in the General Plan and Eastern Dublin Specific Plan.
B. Pursuant to Ordinance No. 32-05 Section 3.2.A.3), the City Council makes the following
findings regarding the amendments to the Stage 1 Development Plan as follows:
1. The proposed use and development is consistent with the General Plan, Eastern
Dublin Specific Plan and Zoning Ordinance.
2. The proposed development is consistent with Stage 1 and 2 design guidelines.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 9
27
3. Appropriate transitions are developed between projects where an industrial use is
adjacent to a different use. These transitions can be created through careful design of
landscaping, consideration of the relationship of the uses to buildings on surrounding
sites, building and circulation layout, and setbacks.
4. The size, scale and intensity of development do not conflict with the character of the
district and adjacent land uses.
5. Adequate space, light, and air along with visual and acoustical privacy are provided
6. No excessive noise, illumination, unsightliness, odor, smoke, and other objectionable
influences are generated.
7. On and off -site vehicular and pedestrian linkages and circulation are functional and
minimize barriers.
8. Streetscapes and parking lots are varied, create visual interest and are pedestrian
friendly.
9. The development provides access to public transit and services.
10. Adequate on -site parking, including the ability to participate in shared parking, is
provided.
11. Where possible, certain elements should be coordinated and shared, including access
drives; internal circulation; perimeter open space and landscape buffers; service,
loading, and refuse locations; and drainage, detention, and water quality facilities.
C. Pursuant to the Eastern Dublin Specific Plan Section 4.8.2 related to the increase in FAR to
0.40 for warehousing uses, the City Council finds as follows:
1. Unique project characteristics which result in reduced impacts relative to other uses in
the same area (e.g., lower traffic generation);
2. Unique project building requirements (e.g., warehouse uses that have large land
coverage requirements but low employment densities); and
3. Extraordinary benefits to the City.
The establishment of the Economic Development Zone (EDZ) and Incentives package was
approved by City Council on May 18, 2021, for properties east of Fallon Road along the
Dublin Boulevard extension. The EDZ encourages investments in the targeted industry
sectors prioritized by City Council, including "Med-Tech" and "Bio-Tech" companies and
startups. The final users of the industrial parcels are unknown and therefore, the Planned
Development Stage 2 Development Plan provides flexibility to support uses targeted by the
EDZ incentives package. An FAR of 0.40 for warehousing uses is needed to obtain the
building square footage to meet the users' needs.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 9
28
SECTION 3. AMENDMENTS TO THE OF STAGE 1 DEVELOPMENT PLAN ORDINANCE NO.
32-05
Fallon Village Stage 1 Development Plan
On December 20, 2005, the City Council approved a Stage 1 Development Plan for the 1,134-
acre Fallon Village Project, pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. The
Planned Development Stage 1 Development Plan for the Fallon Village Project is amended as
shown below:
5. Site area, proposed densities. The Table in Section 5 (Site area, proposed densities) of
Ordinance 32-05 is amended to add a footnote to the Industrial Park land use, as shown below
to, increase the FAR for the Industrial Park land use on the Branaugh Property to 0.40 FAR as
follows:
Land Use
Single Family Residential
Medium Density Residential
Medium High Density
Residential
Rural Residential/Agriculture
Mixed Use
General Commercial
General Commercial/
Campus Office
Industrial Park
Community Park
Neighborhood Park
Neighborhood Square
Open Space
Elementary School
Semi -Public
Public/Semi-Public
Acreage
403.6 acres
60.1 acres
23.8 acres
142.9 acres
6.4 acres
72.1 acres
72.7 acres
Density
0-6.0 units/acre
6.1-14.0 units/acre
14.1-25.0 units/acre
1 unit/100 acres
0.3-1.00 FAR
0.20-0.60 FAR
0.2-0.80 FAR
0.35 / 0.40 FARE
0.50 FAR
0.50 FAR
The maximum FAR for warehousing uses is 0.40 FAR for the Branaugh Property only.
other uses and parcels the maximum FAR is 0.35 FAR.
61.3 acres
18.3 acres
23.6 acres
8.0 acres
211.2 acres
21.1 acres
4.1 acres
4.5 acres
SECTION 4: ZONING MAP AMENDMENT
For all
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the property described below to a Planned Development Zoning
District:
40.16-acres within APN 905-0001-004-04 (the "Property")
A map of the rezoning area is shown below:
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 9
29
SECTION 5. APPROVAL OF STAGE 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the Property are
set forth in the following Stage 2 Development Plan for the entire 40.16-acre project area, which
is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance
with Section 8.32.080 of the Dublin Municipal Code or its successors.
Stage 2 Development Plan
The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance. This Development Plan meets all the requirements of a Stage 2 Development Plan
and is adopted as part of the PD-Planned Development rezoning for the Branaugh Property
(PLPA-2021-00014).
The PD-Planned Development District and this Stage 2 Development Plan provides flexibility to
encourage innovative development while ensuring that the goals, policies, and action programs
of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied.
1. Statement of compatibility with the Stage 1 Development Plan. The Branaugh Property
Stage 2 Development Plan is consistent with the Stage 1 Development Plan for the Fallon
Village Project area (Ordinance No. 32-05), as amended in Section 3 above.
2. Statement of Uses. Permitted, conditional, accessory and temporary uses are allowed as
set forth in the Stage 1 Planned Development Rezone amendment for Fallon Village in
Ordinance No. 32-05, incorporated herein by reference.
3. Stage 2 Site Plan. The following Stage 2 Site Plan is conceptual. Final site design shall be
determined by the Site Development Review Permit.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 9
30
MONTE VISTA
J 40-7--'!� s r'
LI Il.
INWSTRNLL
RIGHETTI
ENTRY ROAD TOSE °QAFFD HYMONTE VISTA
AND BRANAUGH PROPERTY
POTENTIAL PEDESTRIAN/VEHICULAR
C�ONNEC7ION TO MONTE VISTA
DUSTRIAL
LIVBOR MANNING
4. Development Regulations.
Industrial Development Standards
///POTENTIAL PEDESTRIANNEHICUlAR
CONNECTION TO RIGHETR INDUSTRIAL
RIGHETTI
ruuuu !I,11u111I1 I�
PEDESLRANNEHICULAR
CONNECTIONS TO RIGHE771RESIDENTIAL
STANDARD
Maximum FARO)
Maximum Building Height (4)(5)
Maximum Stories
Minimum Building Setbacks (2) (3)
Dublin Blvd ROW
Adjacent Property 10'
Building Side to Side 18'
Minimum Parking Setback(2)
Dublin Blvd ROW 10'
Entry Street 10'
Adjacent Property 10'
Required Parking
0.35 / .040
35 feet
3
25 feet
10 feet
18 feet
10 feet
10 feet
10 feet
Refer to Chapter 8.76 of the Dublin Municipal Code
Notes:
(1) The maximum FAR for warehousing uses is 0.40 FAR. For all other uses the maximum FAR is
0.35 FAR.
(2) Setbacks measured from property line or as otherwise noted.
(3) Items such as, but not limited to, air conditioning condensers, porches, chimneys, bay windows,
retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback.
Subject to Building Code requirements for access.
(4) Elevator overruns, stair coverings, decorative roof elements, and other architectural or mechanical
appetences on buildings may extend a maximum of 5 feet above the maximum building height.
(5) Proposed construction within 20,000 feet of Airport Runway may require FAA review. Building
height subject to FAA Airspace Obstructions Standards
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 9
31
Residential Development Standards
CRITERIA
Medium Density Lot
Medium Density Small
Lot
Medium Density
Duplex/Triplex
Product Type
Lot Size
Typical Lot Width(16)
Maximum Lot
Coverage (13) (14)
Maximum Building
Height (4)(17)
Maximum Stories (7)
Minimum Front Yard
Setbacks
(1) (2)(11)(16)(18)
Living Area
Porch
Garage (8)
Minimum Side Yard
Setbacks
(1)(2)(3)(4)(5)(1 0)
Living Area
Porch
Courtyard (6)(15)
Encroachments
Minimum Rear Yard
Setbacks
(1)(2)(9)(11)(13)
Living Area
Covered Patio
Accessory Structures
Required Parking
(12)(19)
Maximum
Encroachments(3)
Minimum Usable
Private Open Space
(SF)
Single Family Detached
4000 SF and Greater
50' Wide and above
45% Two Story; 55%
One Story
35'
2
Single Family Detached
3000 SF and Greater
40' Wide and Above
55%
35'
2
12' 10' to ROW or 8' to
Court
10' 8' to ROW or 6' to Court
18' Front Load
14' Side Load
4'/5' Garage Side
4'
0'
(3)
12' avg per lot.; 5' min (4)
10'
Refer to Chapter 8.40 of
Municipal Code
Refer to Chapter 8.76 of
Municipal Code
2'
400 S.F with a min.
dimension of 10 ft. Yard
area may be provided
in more than one
location within a lot with
a min of 80 SF yard or
courtyard area.
Notes:
(1) Setbacks measured from property line or as otherwise noted. Setbacks to "Court" refer to back of
curb.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 9
18' Front Load
4'/5' Garage Side
4'
0'
(3)
10' avg per lot.; 5' min
(4)
5'
Refer to Chapter 8.40 of
Municipal Code
Refer to Chapter 8.76 of
Municipal Code
2'
Attached Multi -Family
N/A
N/A
N/A
40'
3
8' to ROW; 20' Building
to Building
6' to ROW; 15' Porch to
Porch
4' to ROW/Alley
0/5'
0/5'
0'
(3)
5' (13)
N/A
Refer to Chapter 8.40 of
Municipal Code
Refer to Chapter 8.76 of
Municipal Code
2'
150 S.F with a min.
dimension of 5 ft
100 SF patio with a 10'
min dimension or a 50
SF upper level deck
with a 5' min inside
dimension
32
(2) See following pages for graphic depiction of above standards.
(3) Items such as, but not limited to air conditioning condensers, porches, chimneys, bay windows,
retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback of
one side yard, provided a minimum of a 3' flat and level area is maintained for access around the
house.
(4) Subject to the Building Code requirements for access.
(5) Building setbacks shall be subject to review and approval of Building Official for Building Code and
Fire Code issues. Setback to building overhang shall be 3' minimum or as required by current City
Building Code Standards.
(6) Maximum height of a front yard courtyard wall shall be 30" maximum (solid wall) or 42" maximum
(transparent/fence)
(7) The third floor must be stepped back from front and rear elevation to reduce building mass.
(8) Three car garages door and swing in garages are prohibited on lots less than 55' wide.
(9) Retaining walls up to 4' high may be used to create a level usable area. Retaining walls in excess
of 4' to create usable area are subject to review and approval of the Community Development
Director. Retaining walls over 30" in height are subject to safety criteria as determined by the Building
Official.
(10) Where a minimum 5' HOA parcel lies between a lot and an adjacent street, the lot is not
considered a corner lot and interior lot setback standards shall
apply.
(11) At cul-de-sac bulbs, knuckles and similar conditions where lot depths are less than the standard
depth, minimum rear yard setback requirements may be reduced by an amount equal to the min. lot
depth minus the actual depth of the lot (i.e.: 100'-90'=10'). In no case will the rear yard setback be
reduced to less than 10'.
(12) Curbside parking may be counted toward required number of guest spaces. 2 covered side -by -
side spots shall be provided. Tandem spaces may not be utilized to meet the parking requirement.
(13) Rear Multi Family setback refers to property lines not considered ROW.
(14) Driveway apron shall be centered on the garage door. In instances where 3-car front on garages
are utilized the driveway apron shall be centered on the entire front on garage plane.
(15) Courtyard wall to return to side yard fence or front plane of main residential structure.
(16) Lot width dimensions may vary to provide product diversity within each neighborhood, and
atypical lot shapes (i.e. non -rectangular)
(17) Elevator overruns, stair coverings, decorative roof elements, and similar structures can exceed
the building height limit by a maximum of 15 percent.
(18) Minimum front / corner setback to living and porch may be subject to grading and specific location
of top of pad hinge line. A minimum flat distance of 2' should be maintained between foundation and
top of pad hinge.
5. Architectural Guidelines. Please refer to Exhibit A.
6. Landscaping Guidelines. Please refer to Exhibit B.
7. Inclusionary Zoning Regulations. The project shall comply with the Inclusionary Zoning
Regulations (Chapter 8.68) for the provision of affordable housing as a residential
development of 20 units or more.
8. Applicable Requirements of the Dublin Zoning Ordinance. Except as specifically
provided in this Stage 2 Development Plan and the Stage 1 Development Plan (Ordinance
No. 32-05), the use, development, improvement and maintenance of the Property shall be
governed by the provision of the Dublin Zoning Ordinance pursuant to 8.32.060C or its
successor. The closest comparable zoning districts are as follows:
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 9
33
Residential:
R-M Multi -Family Residential District
Industrial:
M-P Industrial Park and M-2 Heavy Industrial Zoning District, whichever is least restrictive.
SECTION 5. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its adoption.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 21st day of
March, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 9
34
BRANAUGH
DESIGN GUIDELINES
DUBLIN, CALIFORNIA
A N A R B['
UGH
mwl
900.457
architects
35
DEVELOPMENT STANDARDS
TABLE OF CONTENTS
INTRODUCTION 3
RESIDENTIAL DESIGN GUIDELINES 4
INDUSTRIAL DESIGN GUIDELINES 10
Developed by:
SDG Architects, Inc.
LANCE CRANNELL, AIA LEED AP NCARB
ARCHITECT I PRINCIPAL
VERSION: October 2022
Design Team:
111111 SDG Architects, Inc.
3361 Walnut Blvd. Suite 120
Brentwood, CA 94513
925.634.7000
arc litects
GATES
+ASSOCIATES
Gates Landscape Artchitecture
2671 Crow Canyon Rd.
San Ramon, CA 94583
925.736.8176
mAcKAY & Soms
ENGINEERS PLANNERS SURVEYORS
MacKay & Somps
5142 Franklin Dr. Suite B
Pleasanton, CA 94588-3368
925.225.0690
2 36
BRANAUGH DESIGN GUIDELINES ill
INTRODUCTION
The intent of the Branaugh Design Guidelines is to es-
tablish expectations and to regulate the design of the
residential and industrial uses within the planned de-
velopment. These guidelines are intended to assist the
developer and design professionals in the design of the
architecture, parking, and landscaping within this area.
These guidelines will ensure a high quality development
while maintaining design and marketplace flexibility.
These guidelines are not intended to limit the creativ-
ity of the design professionals. The property is within
The City of Dublin's East Dublin Specific Plan (EDSP)
and The Fallon Village Stage 1 PD. Guidelines from
those has been incorporated and where appropriate
design concepts have been integrated herein. These
guidelines are separate and specific to this subdivision.
DESCRIPTION
The Branaugh property consists of approximately 40.16
acres within the East Dublin Specific Plan (EDSP) and
the Fallon Village Stage 1 PD (PD-1) planning area,
9.87 acres of which is designated Medium density
residential and 30.29 acres of which is designated
Industrial Park (IP) per the EDSP. The project is
proposing 78 units, with the option to provide up to
97 units, within the designated 9.87 acres of
Medium density residential and is consistent with
the approved Stage 1 PD. The area is also
including up to 527,773 SF of industrial buildings on
the 30.29 acres of Industrial Park use, and proposing
an increase in FAR from 0.35, as shown in the
approved PD1, to 0.4. The Branaugh property is
located directly east of the Righetti property, south
of the Croak property, north of Interstate 580 and the
Monte Vista (Town and Country) property, and West
of the Crosby (Livbor Manning) property.
3
37
RESIDENTIAL DESIGN GUIDELINES
RESIDENTIAL
DESIGN GUIDELINES
The Residential Design Guidelines are intended to
serve as a set of guidelines, recommendations, and
requirements to guide property owners, business owners,
developers, architects, and other design professionals
in understanding the objective of providing for well -
designed, attractive, residential development for this
planned development area.
ARCHITECTURAL VOCABULARY
The architectural styles in these guidelines offer a range
of building types and styles that have evolved in Cal-
ifornia since the turn of the 20th century. These styles
represent an inherent attractiveness, informality, and
elegance that have enabled them to remain popular
over an extended period of time. They all have historic
precedents and are visually compatible with one an-
other. These styles possess market appeal, communi-
ty acceptance and can be successfully expressed in
modern merchant built homes.
VARIETY REQUIREMENT
An important goal of the planned community is to de-
velop an interesting mix of plans and elevation styles
and to ensure balanced and varied streetscapes. In
order to achieve this, the following architectural re-
quirements must be met:
UNITS PLANS AND ELEVATIONS
• For single family detached homes, a minimum of
1 plan with 3 elevations shall be provided for every
25 units.
STYLE AND MASSING
• Plans and elevations should be mixed within a
development to avoid repetition of identical fa-
cades and roof lines.
• Houses on corner lots should receive the same
level of articulation on both the front and corner
side facades.
COLORS
• A minimum of 3 different color schemes shall be
provided for each architectural style
• Select color schemes appropriate to the archi-
tectural style
• A minimum of 2 trim colors shall be provided for
each primary base color.
• Wrap colors around details such as wood or
foam window and door trim appropriate to the
architectural style.
• Relate color changes to plane changes and
materials changes.
4 38
BRANAUGH DESIGN GUIDELINES All
ARCHITECTURE
These guidelines aim to promote high quality architec-
tural designs that enhance the character of Dublin.
Neighborhood developments shall utilize architectural
styles that complement each other when grouped
together.
A. ARCHITECTURAL STYLES
The architectural styles have been divided into four ar-
chitectural groups. Each group represents one of the
great movements in the development of architectural
styles in the United States and specifically California.
The styles are grouped as follows:
MEDITERRANEAN
• Spanish Eclectic
• Monterey
• Tuscan
COTTAGE
• French Country
• English Tudor
AMERICAN HERITAGE
• Craftsman
• Arts & Crafts
• Prairie
TRADITIONAL
• Farmhouse
• Classic Revival
• East Coast
Use of these styles are recommended.
B. STREET ENVIRONMENT AND BUILDING
FRONTAGE
Single-family residential development shall efficiently
use the site, and relate to the street.
1. Front porches (or porch elements) are en-
couraged to create an attractive interface with
semi-public front yard areas.
2. The front entry shall be the focal point of the
home. Roof elements, columns, porticos, or other
architectural features shall be utilized.
3. Garages shall be a subordinate feature and
shall not dominate the streetscape.
4. A reduced level of articulation on the less visible
side and rear elevations is acceptable. Parcels on
corner or visible end of a street shall include articu-
lation similar to the front elevation.
C. BUILDING FORM AND ARTICULATION
Building form and articulation includes variation in
wall planes (projections and recesses) and wall height
(vertical relief) as well as variations in roof forms and
heights to reduce the perceived scale of the structure.
1. Residential homes shall incorporate articulation
of all facades, including variation in massing, roof
forms, and wall planes, as well as surface articula-
tion.
2. The highest level of articulation will likely occur
on the front facade and facades visible from pub-
lic streets. Similar and complementary massing,
materials, and details shall be incorporated into
every other structure elevation.
3. Elements and details of homes shall be true to
the chosen architectural style.
Details such as projecting eaves, tapered columns and ex-
posed beams are characteristics of a Craftsman style house
4. Surface detailing shall not serve as a substitute
for well integrated and distinctive massing.
5. Architectural elements that add visual interest,
scale, and character such as recessed or project-
ing balconies, trellises, recessed windows, and
porches are encouraged.
6. Architectural elements such as overhangs,
trellises, projections, and awnings shall be used to
create shadows that contribute to a structure's
character.
5
39
RESIDENTIAL DESIGN GUIDELINES
7. Massing shall accentuate entries and minimize
garage prominence.
The chimney is a featured architectural element along
with window inserts and trim
D. BUILDING HEIGHT
Heights per Section 4 Development Regulations in
Planned Development.
Single-family residential homes shall be one or two sto-
ries. Homes shall have varied heights to create visual
interest in the neighborhood.
This Second Story addition over part of the existing structure
uses the same architectural style, materials and rooflines.
E. ROOF AND UPPER STORY DETAILS
Visual diversity shall be created by incorporating mul-
tiple rooflines and designs while remaining consistent
with the architectural style of the home.
1. A variety of roofs shall be incorporated through-
out the development (e.g., gabled, hipped, dor-
mers, etc.).
2. Multi -form roofs, gabled, hipped, and shed roof
combinations are encouraged to create varying
roof forms, and break up the massing of
the building.
Craftsman roofs feature intersecting gables to create an
interesting building form
3. Full, sloped roofs are strongly encouraged with
both vertical and horizontal roof articulations.
4. Roof overhangs shall be sized appropriately for
the desired architectural style.
5. Exposed gutters and downspouts, unless de-
signed as an outstanding architectural feature
of the overall theme, shall be colored to match
fascia.
6 40
BRANAUGH DESIGN GUIDELINES ill
F. BUILDING MATERIALS AND FINISHES
The use of high quality materials will create a look of
permanence within a project. Materials and colors
shall be varied to generate visual interest in the fa-
cades and to avoid the monotonous appearance
that is sometimes common in some contemporary
residential development projects.
1. Key portions of the facade shall be enhanced
with special materials or color.
A heavy material such as brick serves as a strong base for a
house
The white trim on this house contrasts with the blue siding for a
pleasing appearance
2. Material changes shall occur at intersecting
planes, at inside corners of changing wall planes
or where architectural elements intersect (e.g.,
chimney, pilaster, projection, fence line, etc.)
3. Contrasting but complementary colors shall be
used for trim, windows, doors, and key architectur-
al elements.
4. Roof materials and colors shall be consistent
with the desired architectural style.
5. Visually heavier materials shall be used lower
on the structure elevation to form the base of the
structure.
6. Stucco may be an appropriate building mate-
rial if careful attention is paid to ensure it is appro-
priate to the architectural style of the house (i.e.,
the creamier stucco colors and finishes of a Span-
ish eclectic home would be appropriate).
7
41
RESIDENTIAL DESIGN GUIDELINES
G. WINDOWS, DOORS AND ENTRIES
The desired architectural style of the building can be
captured by carefully designing windows, doors, and
entries.
1. Entrances shall be enhanced by using lighting,
landscaping, and architecture detailing.
2. The main entrance to a home shall be clearly
identifiable and shall be articulated with pro-
jecting or recessed forms so as to create a cov-
ered landing that will provide for shelter from the
weather.
3. Window type, material, shape, and proportion
shall complement the architectural style of the
building.
A recessed entry to a house adds interest and provides
protection from the elements
4. Windows shall be located to maximize incom-
ing daylight and reduce the need for indoor light-
ing and promote energy efficiency. Environmental
Protection Agency (EPA) "Energy Star" windows
with low e-coatings shall be used.
An inset window is appropriate for Spanish Colonial style houses
5. In order to enhance privacy, windows on side
elevations shall be staggered and not be posi-
tioned directly opposite of the adjacent structure's
windows.
6. Where windows have mullions they should be
appropriate to the architectural style of the struc-
ture.
7. Where architecturally appropriate, feature win-
dows shall be generously inset from structure walls
to create shade and shadow detail. The minimum
inset shall be six inches
8. Windows shall be articulated with sills, trim, kick-
ers, shutters, or awnings that are authentic to the
architectural style of the structure.
mm
8 42
BRANAUGH DESIGN GUIDELINES All
H. GARAGES
When garages are well integrated into a project it will
ensure that they do not dominate front facades.
1. Garage doors shall be recessed a minimum of
3.5 inches from the face of the garage.
2. Garage doors facing the street shall be set back
from the exterior face of the main house or porch
to help reduce their visual impact.
The garage pictured here is set back from the rest of the house
to de-emphasize its visual impact on the streetscape
3. Swing in garages are permitted and shall ad-
here to the setbacks described in this document.
4. Garage doors shall incorporate panels and/or
windows to articulate large planes.
5. Garage standards shall be:
Interior dimensions: twenty by twenty feet clear;
Minimum garage door width of eight feet single,
sixteen feet double; Seven feet minimum height.
I. COMPATIBILITY WITH ADJACENT PROPERTIES
Homes shall vary from adjacent neighbors in architec-
tural style, height, and material selection, while still re-
lating to the overall theme of the larger development
as a whole.
Variation in elevation style, colors and materials shall
be used to provide a variety and visual intrest.
9
43
INDUSTRIAL DESIGN GUIDELINES
INDUSTRIAL
DESIGN GUIDELINES
The Industrial Design Guidelines are intended to serve
as a point of reference to guide property owners,
business owners, developers, architects, and other
design professionals in understanding the objective
of providing for well -designed, attractive, high quality
industrial development in the Industrial Area.
PROJECT DESCRIPTION
Branaugh Industrial is envisioned as an extension of the
community along the future Dublin Boulevard Extension
project. The Branaugh Industrial design concept should
be compatible with the general commercial character
of the nearby industrial parcels. A unique sense of
place can be achieved through rich and varied
contemporary architectural character.
The Branaugh Industrial Architectural Design Guidelines
draw from the surrounding larger, more modern
urban and suburban areas. Both visual and physical
elements of the Branaugh Industrial Park will appeal
to communities because it helps provide a place for
synergy and utility for commerce in an environment
people want to participate in, be part of and enjoy.
The successful development of Branaugh Industrial
depends on many considerations beyond the built
environment. The implementation of these guidelines
will help to provide an initial step in creating the
environment in which the industrial Park will live and
thrive within the community it serves.
These guidelines include a description of design
objectives and stylistic analogs to be incorporated
into the overall architectural concept for Branaugh
Industrial.
BRANAUGH INDUSTRIAL CHARACTER
The overall character and feel of Branaugh Industrial
shall use a variety of cohesive styles, materials,
colors and textures. The use of pattern and scale
will integrate all of the different design principles,
creating a unified project. Elements such as awnings,
windows and storefront glazing will enhance building
articulation. Application of good design principles
should incorporate building scale and proportion, color
theory, lighting, storefront design, landscape design,
as well as keeping modern construction practices in
mind with respect to building development throughout
Branaugh Industrial.
The goal is to create a unique sense of place and that
is complementary to its surroundings.
Branaugh Industrial may consists of several types and
sizes of industrial buildings based on market needs but
the overall design of the Industrial park should have a
consistent theme with minor variations as appropriate
to the building and its use.
The main elements that typically define the character
of Branaugh Industrial are:
• Building Mass & Form
• Materials & Colors
• Contemporary Architectural Style
• Entry features
• Landscape Guidelines
• Parking and Vehicular Circulation
These components are fundamental to the creation
of a successful Industrial Park. They must each be
addressed in regard to design, location, scale and use.
10 44
BRANAUGH DESIGN GUIDELINES
AREA CHARACTER
1. New development, including expansions, ren-
ovations, and any exterior modifications, should
reflect the design characteristics of the commer-
cial and light industrial surrounding area, including
project design, architectural styles, and established
landscape patterns, which are consistent with the
purpose of the City of Dublin's Site Development
Review Permit.
2. Setback treatments for new buildings from streets
should provide a positive image to the existing
streetscape.
3. Generally, transitions between existing and new
buildings should be gradual. The height and mass
of new projects should not create abrupt chang-
es in close proximity to existing buildings, unless the
area is clearly transitioning to a more intense devel-
opment pattern.
SITE DESIGN
1. Primary site and building entry points are strongly
encouraged to generate visual interest with spe-
cial design features such as decorative or textured
paving, flowering accents, special lighting, monu-
mentation, walls, shrubs, water features, and the
use of sizeable specimen trees.
2. The parking lot should not be the dominant vi-
sual element of the site as viewed from the street.
Locate or place parking lots at the side and rear of
buildings or use parking lot screening to soften their
appearance.
3. On corner sites, establish a prominent streets -
cape presence and add visual interest by either lo-
cating buildings near the intersection to enliven the
streetscape or using landscaping or planter walls to
frame the intersection. Parking areas immediately
adjacent to intersections are discouraged.
4. Project sites should be designed so that areas
used for outdoor storage, and other potentially un-
sightly areas are screened from public view.
5. Consider views from Highway 580 and other
views from above when siting and designing build-
ings, storage yards, utilities, and equipment.
6. Site accessories such as bicycle racks, trash re-
ceptacles, planters, benches, shade structures and
lighting should be designed as an integral part of
the project. The architectural character and use of
materials for these accessories should be consistent
with the overall project design.
7. Structures and site improvements should be lo-
cated and designed to avoid conflict with adja-
cent uses.
8. When appropriate, integrate spaces into a site
plan for use by employees or customers to sit or rest.
INTERFACE WITH RESIDENTIAL USES
1. Loading areas, access and circulation driveways,
trash, and storage areas, and rooftop equipment
should have adequate landscape buffering.
2. Window orientation for industrial buildings should
preclude a direct line of sight into adjacent resi-
dential private open spaces or windows. First floor
windows may be appropriate if screened with ap-
propriate fencing.
3. When industrial buildings back up to residential
properties, the industrial setback should be land-
scaped or screened, as well as functionally and/
or visually combined with residential open space
where possible.
PARKING AND CIRCULATION
1. Vehicular and pedestrian connections between
adjacent developments are a priority within the
area and should be established when feasible.
2. Whenever possible, provide common driveways
for access to more than one site or development
which reduces the number of driveways and con-
tributes to a continuous streetscape.
3. Gates to parking areas shall be located to pre-
vent vehicle stacking or queuing on the street.
4. Gates to parking areas should be designed with
materials and color that are compatible with the
site.
5. Parking areas visible from public streets shall be
separated from buildings by either a raised walk-
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45
INDUSTRIAL DESIGN GUIDELINES
way or landscape strip at least 4 feet wide. Situa-
tions where parking aisles or spaces directly abut
the building are discouraged.
6. Separate vehicles and pedestrians. Design park-
ing areas so that pedestrians walk parallel to mov-
ing cars. Minimize the need for the pedestrian to
cross parking aisles and landscape areas. These
features may be combined with required accessi-
bility requirements.
7. For new development, consider adding a land-
scaped buffer to screen views of automobiles while
permitting views of buildings beyond.
STORAGE YARDS/SERVICE FACILITIES
Providing adequate service facilities is critical to
the efficient functioning of industrial buildings. The
design of these facilities also presents an opportuni-
ty in preventing nuisance (noise, odor, visual) prob-
lems in the future.
1. Where appropriate and feasible, `service yards'
are encouraged over the dispersal of service facil-
ities around the site. Service yards should include
provisions for loading, trash bins (in lieu of a trash
enclosure), utility cabinets, utility meters, transform-
ers, and other outdoor mechanical equipment,
when possible.
2. Loading and outdoor storage activities should
be concentrated and located in a manner to mini-
mize nuisances for the surrounding area.
3. All service yards and outdoor storage areas shall
be enclosed or screened from view from local
streets. When designing these facilities, also con-
sider the views from HWY 580, neighboring parcels
and the residential area to the North. Screening
may include walls, buildings, gates, landscaping,
berming, or combinations thereof.
4. Service yards should be located and designed
for easy access by service vehicles and for conve-
nient access by each tenant.
5. The design of service yard walls and similar ac-
cessory site elements should be compatible with
the architecture of the main building(s), and should
use a similar palette of materials and colors.
TRASH ENCLOSURES
1. Trash and storage enclosures should be architec-
turally compatible with the project design. Land-
scaping should be used to screen and deter graffiti.
2. Trash enclosures should be unobtrusive and
should be conveniently accessible for trash dispos-
al and collection.
3. Trash enclosures should be located away from
residential uses to minimize nuisance to adjacent
properties.
4. Trash receptacle design should coordinate with
other streetscape furnishings.
5. Roof structures for trash enclosures should be ar-
chitecturally compatible with buildings on the site.
LOADING AREAS
1. To the fullest extent possible, loading areas and
vehicle access doors should not be visible from
public streets.
2. Loading driveways shall not back onto streets or
encroach into landscaped setback areas.
3. Loading doors should be integrated into building
elevations and given the same architectural treat-
ment where feasible.
UTILITY EQUIPMENT
1. To the fullest extent possible, utility equipment
should be located in a manner which minimizes vis-
ibility from the street or the front of a site.
2. Utility equipment such as electric and gas me-
ters, electrical panels, and junction boxes shall be
screened from view or incorporated into the archi-
tecture of the building.
3. Utility devices, such as transformers and backflow
preventers, should not dominate the front land-
scape area. When transformers are unavoidable in
the front setback area, they should be screened by
an enclosure or thick landscaping, in accordance
with utility company regulations.
mm
12 46
BRANAUGH DESIGN GUIDELINES 6
4. All utility lines from the service drop to the site
shall be located underground.
MECHANICAL EQUIPMENT
1. Mechanical equipment shall be located in
a manner that minimizes visual impact and be
screened from public view by enclosures or land-
scaping on all sides.
2. All mechanical equipment such as compressors,
air conditioners, antennas, pumps, heating and
ventilating equipment, emergency generators,
chillers, elevator penthouses, water tanks, stand
pipes, solar collectors, satellite dishes and Light In-
dustrial communications equipment, and any oth-
er types of mechanical equipment for the building
shall be concealed from view of public streets, and
to the fullest extent possible, public areas of neigh-
boring properties.
3. For new construction, mechanical equipment
shall not be located on the roof of a structure un-
less the equipment can be hidden by building ele-
ments that are designed as an integral part of the
building design.
4. For exterior modifications of existing structures,
all roof -mounted equipment must be screened in
a manner that is compatible with the architecture
and materials of the building.
13
47
INDUSTRIAL DESIGN GUIDELINES
BUILDING PLACEMENT AND DESIGN
1. Buildings shall be designed with wall variations,
such as insets and pop -outs. Facade elements,
such as entryways, windows, etc should face the
primary street frontage(s).
2. Buildings along streets and 1-580 shall feature ar-
chitecturally -detailed elevations and views of en-
tries or activity areas.
3. Public entrances and primary building elevations
should be oriented toward the street whenever
possible.
4. Buildings in a single project should create a
positive functional relationship with one another.
Whenever possible, buildings should be clustered.
This prevents long "barrack -like" rows of buildings.
When clustering is impractical, a visual link should
be established between buildings. This link can be
accomplished through the use of landscape, an
arcade system, trellis, colonnade, or other open
structures.
BUILDING DESIGN
The design and placement of industrial buildings
should respond to the general characteristics of
the surroundings as well as to the vision of the In-
dustrial Area.
BUILDING FORM AND SCALE
1. In order to relate to other nearby buildings, when
possible, incorporate interesting building elements
from surrounding buildings.
2. Buildings should contain the three traditional
parts of a building in appropriate proportions: base,
mid section, and top.
3. The scale of new buildings should be compatible
with adjacent buildings. Use transitions to achieve
compatibility between larger buildings next to small
scale buildings; transition techniques should include
building elements of different heights, building or
roof articulation, and building projections such as
covered walkways.
4. Franchise architecture is generally discouraged,
although the use of corporate identifying elements
may be appropriate on a building that otherwise
reflects the desired vision of the area.
BUILDING ELEMENTS
1. A consistent architectural style should be used for
a building, auxiliary structure, and all related site el-
ements, such as screen walls, planters, trellises, and
street furniture.
2. Expansions to existing buildings should provide for
continuity between the old building and the new
addition. The addition need not strictly match the
existing building, but should include prominent de-
sign elements of the old building or the addition of
architectural elements to the old building to pro-
vide architecture compatibility between old and
new.
3. Building Base - The lowest portion of a building
at grade creates opportunity to establish an ar-
chitectural base. This base may be a projection, a
change in surface texture, or a change in material
or color. The size of the base should be in propor-
tion to the overall size of the building. This is not a
requirement but it is encouraged.
a. Base materials should be highly resistant to
damage, defacement, and general wear and
tear. Pre -cast decorative concrete, stone mason-
ry, brick, slate, and commercial grade ceramic
tile are examples of excellent base materials. The
use of anti -graffiti coating on base materials is en-
couraged.
b. In general, the base materials should appear
"heavier" and "darker" in appearance than the
materials and color used for the building's main
exterior.
WINDOWS, DOORS, AND OPENINGS
Windows, doors, and other openings should be de-
tailed to emphasize them as important parts of the
building.
1. Building entries should be framed with architec-
tural embellishment for articulation, be visible from
the street, and be easily recognizable.
2. Incorporate articulation (insets, pop outs, wing
walls, etc.) to avoid unrelieved blank walls.
14 48
BRANAUGH DESIGN GUIDELINES
ROOFS
Roofs should be an integral part of the building de-
sign and overall form of the structure.
1. Roof design may have the appearance of a
full roof reflecting traditional forms (i.e., hipped,
pitched, flat, etc.) and be integrated to the build-
ing, particularly on parapet walls and roof elements
used to screen equipment.
2. Earth -toned or muted and durable roof materials
are strongly encouraged to create a unifying im-
age of an area.
3. Decorative cornices and parapet walls should
be used to screen flat roofs and to delineate the
building's profile.
4. Vertical roof elements should be used to add in-
terest to horizontally -oriented rooflines.
5. Roof overhangs and arcades are encouraged in
that they complement a building's design.
FINISH MATERIALS
1. Industrial buildings should be constructed using
durable but attractive materials which convey a
substantial quality appearance.
2. Exterior building treatments, including colors, ma-
terials, and architectural detailing, should be con-
sistent throughout the building.
3. Exterior building colors should generally consist of
earth -toned or neutral colors, with vibrant or bright
colors reserved for trim or accent use.
4. Building materials reflecting natural elements,
such as stone or wood, are strongly encouraged.
15
49
INDUSTRIAL DESIGN GUIDELINES
CONTEMPORARY / MODERN
Contemporary / Modern architecture features
clean lines with an emphasis on function. The build-
ing style simplifies the design with less ornamenta-
tion. Decorative moldings and elaborate trim are
eliminated or greatly simplified, giving way to a
clean aesthetic where materials meet in simple,
well -executed joints. An emphasis is placed on
rectangular forms and horizontal and vertical lines.
Materials are often used in well-defined planes and
vertical forms juxtaposed against horizontal ele-
ments for dramatic effect. Low, horizontal massing,
flat roofs, and emphasis on horizontal planes and
broad roof overhangs. The use of traditional ma-
terials in new ways such as wood, brick and stone
simplified ways reflecting a modern aesthetic. Tra-
ditional clapboard siding are replaced with sim-
ple vertical board cladding can be used in large,
smooth planes. Brick and stonework are simple, un-
ornamented, and can be used in rectilinear masses
and planes.
CHARACTERISTICS
• Simple wall planes and surfaces, mass, and vol-
umes.
• Mass and Volume contrasted with glass and fen-
estration.
• Roof types include interesting overhangs or un-
usual linear elements can be mixed to create a
more unique statement flat
roofs with parapet.
• Diverse use of materials and color.
• Simplicity and clarity of forms and elimination of
"unnecessary detail"
EXAMPLES
The following figures depict several types of indus-
trial buildings. This is for reference only and shall not
be considered as a wholly approved design.
Figure 1
16 50
BRANAUGH DESIGN GUIDELINES
Figure 2
Figure 4
Figure 6
Figure 3
Figure 5
EXAMPLES FOR REFERENCE ONLY.
17
51
INDUSTRIAL DESIGN GUIDELINES
Figure 8
Figure 10
Figure 12
Figure 9
Figure 11
EXAMPLES FOR REFERENCE ONLY.
im
18 52
BRANAUGH DESIGN GUIDELINES II
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53
LANDSCAPE DESIGN GUIDELINES
CONCEPT
The Branaugh property consists of 9.7 acres of medium
density residential and 30.5 acres of Industrial Park use.
The site will be well -designed through the choices and
arrangement of materials, colors, and textures. The
overall landscape theme provides vibrant, flowering
plant material that complements architecture and
provides seasonal color while encouraging pedestrian
access and connectivity to and from adjacent uses and
activities.
The residential neighborhood will use the proposed
Central Parkway extension as the primary access.
The neighborhood entrance will be distinct yet
complementary to the character of the adjacent
neighborhood. The proposed landscape will support
a strong, visual identity to the neighborhood. Internal
streets and sidewalks of the residential community are
complemented using a variety of upright deciduous trees
for solar exposure coupled with low growing flowering
groundcover enhancing pedestrian connections to the
public sidewalks.
The non-residential industrial parcels will have access
from the future Dublin Boulevard extension. The industrial
park landscaping will serve a variety of functions,
including softening the edges of development,
screening unattractive views, buffering incompatible
uses, providing shade, and increasing the overall
aesthetic appeal of the site.
DESIGN PRINCIPLES
• Continue the theme and plant palette of east
Dublin, Dublin Boulevard, Central Parkway, and the
surrounding neighborhoods.
• Ensure landscape consistency between the proposed
industrial park and the residential community.
• A well -designed site through the choices and
arrangement of materials, colors, and textures.
• Encourage the industrial park to provide outdoor
amenities to employees, such as pedestrian
circulation and outdoor seating areas.
• Creating environments in which industrial activities
and operations may be conducted with minimal
impact on the natural environment and surrounding
neighborhood.
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1 54
BRANAUGH DESIGN GUIDELINES
MEDIUM DENSITY RESIDENTIAL
NEIGHBORHOOD
Neighborhood Entry
The Residences at Branaugh property share with
Righetti property the primary access, which will come
off the proposed Central Parkway extension within the
proposed East Ranch project. The entry will include
a monument with project branding and thematic
landscaping.
The landscape palette will emphasize the importance
of this space. Accent trees will line the entry on
both sides of the street and provide seasonal color.
Low -growing shrubs and groundcover will provide
continuous interest throughout the year as well as a
colorful understory to the accent trees above. Refer
to Proposed Plant Palette for select plant species and
container sizes.
Entry monument with thematic landscape as a
neighborhood identification
Neighborhood Streets
Neighborhood streets will provide a well -planned
pattern that guides vehicles and pedestrians throughout
the neighborhood units. Street C and Street B will have
5 foot wide landscaping and a 5 foot wide sidewalk
on both sides of the street. Streets will be landscaped
to provide a comprehensive street scene. Other streets
will have a 5 foot wide sidewalk on both sides to link
the neighborhood together. Textured paving, such as
stamped asphalt, can be utilized in the crosswalk to
visually enhance the pedestrian path of travel.
Street trees should be coordinated with the utilities and
street lights to provide a continuous canopy of trees.
Street trees will be planted and maintained by private
lot owners when there is no designated planting area
within the right-of-way. Additional trees in an irregular
pattern and the screening trees adjacent to building
ends shall be considered to soften the architecture. Low -
growing groundcover, intermediate and background
shrubs will be proposed in a tiered effect to provide a
variety of landscapes with seasonal color and textural
contrast. Refer to the plant palette for suggested plant
species and required sizes.
Use of stamped asphalt for the crosswalk and entry Incorporate street trees in parkway strips or front yard
drive is encouraged. planting areas
2
55
LANDSCAPE DESIGN GUIDELINES
MEDIUM DENSITY RESIDENTIAL
NEIGHBORHOOD
Fences and Walls
The landscape system includes community theme
walls, fencing, and front yard planting. All elements
of the landscape are intended to convey the special
character and high quality of the community.
In general, fences will be located outside of the view
triangles at intersections. Breaks in fence, removable
sections or gates will be incorporated for maintenance
access of the adjacent utilities, such as water quality
basins, where applicable.
Good Neighbor Fence - The good neighbor fence will
be located between lots. The design is a vertical board
wood fence, 6' tall with caps and fascia boards. Wood
4x4 posts are located at a minimum of 8' on center.
4'k4" Post
1"x8"with 1" Overlap Each Side
/-2'k6" Cap
2'k12" Kick Board 2 k4" Bottom Rail
Q Good Neighbor Fence
Scale: N.T.S.
6'-0"
0
8-MAX
'-0" MAX
�rlrll�rlrll�rlT�
Lattice Top Fence
Scale: N.T.S.
A
1
4
Lattice Fence - This fence will be used parallel to the front
of the home. Where side yards abut a residential street,
the lattice fence will also be used. Where the fence is
adjacent to the street, a minimum of 3' landscape
buffer is provided between walkway and fence.
Open Space Interface Fence - This will occur along the
wildfire buffer lots where they abut open space. The
fence should not exceed four feet in height.
Concrete Split Rail Fence - This fence is utilized in the
landscape along the southern sidewalks of street B
serving as a thematic element to keep pedestrians out
of water quality basins.
CMU Block Wall - Use split face CMU block wall where
needed to retain throughout the community.
2"x6" Cap
Vertical Wood Lattice
4"x4" Post
1"x8" With 1"
Overlap Each Side
- 2"x4" Bottom Rail
1"x6" Kick Board
..'Pn MU • liuMMru11�Illr Rao
Lrki 1-rot irr+rz®MMMln!!!!!lk CIO
Lprl / Fc.OlghW
4 56
BRANAUGH DESIGN GUIDELINES
0
O
0
1 "x4" Top Rail
1
1"x4" Mid Rail
1"x4" Bottom Rail
Welded Wre Mesh
2"x4" Grids
Open Space Interface Fence
Scale: N.T.S.
Concrete Split Rail Fence
Scale: N.T.S.
Thin CMU Cap
CMU Block
MFR Castlelite
Finish Split -Face
Color Standard #419
QCMU Retaining Wall
Scale: N.T.S.
2"x6" Cap
4"x4" Post
inn _I , n�
L?s.0011116
1s.
5
57
LANDSCAPE DESIGN GUIDELINES
MEDIUM DENSITY RESIDENTIAL
NEIGHBORHOOD
Stormwater Quality Basin
The plant material found within the water quality basins
will convey a mosaic effect that demonstrates the
bloom and growth cycles of seasonal grasses in gentle
patterns and large swaths. All plant material found
within the basins will conform with the Alameda County
C.3 Stormwater Technical guidelines and requirements.
Wildfire Buffer Lot and Fire Access
Eleven lots on the east side of the neighborhood are
identified as a wildfire buffer lot. Trees along these lots
shall be fire safe, which have a favorable rating for
plant performance per the Diablo Firesafe Council.
The fire access road is located on the east side of the
neighborhood. It connects the access road to a
neighborhood street in East Ranch. Fire safe plant
materials shall be considered in the planting strategy.
Fencing adjacent to the fire access road must conform
to the Dublin Wildfire Management Plan. Heavy timber
wood fencing with 6' returns may be used along the
rear property lines. All wood is to be construction -heart
redwood fire-hardened/heavy timber to meet the
Dublin Wildfire Management requirements. All wood
should be fire retardant treated per section 710A.3.2
and 710A.4 7A of the California building code for all
exterior wood products.
0
PRIVATE
LOT OPEN SPACE
INTERFACE
iiii
FENCE
IRRIGATED 4' 12' ` 4'
AREA ACCESS ROAD V-DITCH
Outdoor Site Elements
Street Lighting
All street lighting in the residential neighborhood will
conform to approved City standards. Street lighting
is used for both decoration as well as marking
special pathways and landmarks.
Model: The Lumec L60 LED Hexagonal Lantern series
on 18.5' tall post is recommended, to match the
current City's standard.
Mailbox
Clustered mailbox will be used. The mailbox
location/model shall be reviewed and approved
by USPS.
Signage
Signage shall conform to City ordinances.
25'
MOWED AREA
45'
WILDFIRE MANAGEMENT AREA/ FIRE BUFFER AREA
Wildfire Buffer Lot Interface
Scale: N.T.S.
1'
0
Street Lighting
Scale: N.T.S.
6 58
BRANAUGH DESIGN GUIDELINES
INDUSTRIAL PARK
Entry
The entry to each development area should be clearly
visible to motorists. Industrial parks should be marked
by entry features. The combined use of landscaping,
and varied hardscape, such as contrasting pavement
colors or materials, banding or pathways interspersed
with alternate paver material, is encouraged.
Monument sign designs should use materials and colors
consistent with the architectural style and landscaping
theme near the entrance of the property. Other
signs shall conform with the City of Dublin Sign Design
Guidelines for Industrial Zones.
Parking Lot
Parking lot landscaping should accent driveways, frame
the major circulation aisles, and highlight pedestrian
pathways. Entrances and exits to and from parking and
loading facilities should be provided in compliance with
applicable City development requirements. Pedestrian
walkways should be accessible, safe, visually attractive,
and well-defined by landscaping, site furnishing, and
low-level lighting.
Landscaping should be protected from vehicular and
pedestrian encroachment by raised planting surfaces,
depressed walks, or the use of curbs. Concrete
mow -strips separating turf and shrub areas should be
provided.
Screening and Planting Buffer
Landscape screening should be used to minimize
the visual impact of new development. The industrial
buildings should not detract from the scenic and visual
quality of the residential community. The use of vines
on walls is strongly encouraged in industrial areas to
reduce their visual impact and opportunities for graffiti.
Parking lots adjacent to and visible from public streets
should be screened from view by using evergreen
hedges or rolling earth berms. For new development,
consider adding a landscaped buffer to screen views
of automobiles while permitting views of buildings
beyond.
As part of the vision of the Light Industrial Area, a
coordinated theme for signage is recommended.
Optimize landscape coverage of parking lots.
Shade canopy trees should be provided in tree
wells and at the end of each drive aisle to visually
break up long rows of parked vehicles. Refer to
Dublin Municipal Code for more requirements.
Landscaping materials that are used for screening
edges of parking lots from the public right-of-
way should be implemented by utilizing one or a
combination of the following:
a. Evergreen hedges, recommended height of 36
inches. The minimum hedge container size should be
5-gallon;
b. Earth berm with a contoured, gradual slope and
ground cover, maximum height 42-inch.
7
59
LANDSCAPE DESIGN GUIDELINES
Perimeter Fence
A fence may be used along the property for security
purposes. Landscaping, such as vines and tall hedges,
against the fence, is encouraged to improve the
aesthetics. Gates should be provided in walls or
fences where necessary to allow for emergency or
maintenance access.
Site Lighting
A uniform lighting level shall be provided to ensure
safety and security at night. Lighting fixture placement
should provide illumination for outdoor areas such as
parking, shipping and receiving, pedestrian walkways,
and work areas.
Short-term Bike Parking
Provide bicycle parking to support employees who
bike to work.
Benches and Trash Receptacles
Other site furniture, such as benches and trash
receptacles, shall be provided to encourage outdoor
activities.
Stormwater Quality Basin
All plant material found within the basins will conform
with the Alameda County C.3 Stormwater Technical
guidelines and requirements.
Bike Racks
Trash and Ash Receptacle
Perimeter Fence
Post Top Light
I, II`IIV� killI!,;,,u,�llllll�IIIIIII
i�IIIIW!
�1P ��! �Illlllilllll,IyC;C;
l9mxf1111111111111
IIII,LIWIIIftW111111II!
Bollard Light
Bench
Mr1
BRANAUGH DESIGN GUIDELINES
PLANTING DESIGN
Landscaping should enhance the quality of developments by framing and softening the appearance of structures,
defining site functions, screening, and buffering adjacent uses. To the fullest extent possible, landscaped areas
should generally incorporate planting utilizing a three -tiered system: 1) trees, and taking into consideration the
width of the planting area; 2) shrubs; and 3) grasses and ground covers, and vines.
PLANTING LIST - TREES
TREES
ACER BUERGERIANUM
ACER RUBRUM
ARBUTUS UNEDO
CERCIS OCCIDENTALIS
CITRUS SPP.
DODONAEA VISCOSA
GINKGO BILOBA
HETEROMELES ARBUTIFOLIA
LAGERSTROEMIA INDICA
OLEA EUROPAEA
PLATANUS X ACERIFOLIA'YARWOOD'
PRUNUS X YEDOENSIS 'AKEBONO'
QUERCUS AGRIFOLIA
QUERCUS LOBATA
RHUS LANCEA
SCHINUS MOLLE
TILIA CORDATA
ULMUS PARVIFOLIA'DRAKE
COMMON NAME
TRIDENT MAPLE
RED MAPLE
STRAWBERRY TREE SHRUB
WESTERN REDBUD MULTI -TRUNK
ORANGE TREE
HOPSEED BUSH
MAIDENHAIR TREE
TOYON
CRAPE MYRTLE
OLIVE MULTI -TRUNK
YARWOOD LONDON PLANE TREE
AKEBONO YOSHINO CHERRY
COAST LIVE OAK
VALLEY OAK
AFRICAN SUMAC
CALIFORNIA PEPPER
LITTLELEAF LINDEN
DRAKE LACEBARK ELM
Pistacia chinensis 'Keith Davey' Tilia cordata 'Green Spire'
Ulmus parvifolia
Acer paimatum
Prunus x yedoensis
Lagerstroemia indica
SIZE WATER USE
24"BOX M
24"BOX M
24"BOX L
24"BOX VL
15 GAL. M
15 GAL. L
24"BOX M
15 GAL. L
24"BOX L
24"BOX VL
24"BOX M
24"BOX M
24"BOX VL
24"BOX L
24"BOX L
24"BOX VL
24"BOX M
24"BOX L
°!!,ill!l lit
Acer rubrum
uercus lobata
9
61
LANDSCAPE DESIGN GUIDELINES
PLANTING LIST - SHRUBS
SHRUBS
AGAPANTHUS AFRICANUS
AGAVE
ALOE STRIATA
ANIGOZANTHOS SPP.
ASPARAGUS DENSIFLORUS'MYERS'
BULBINE FRUTESCENS
CALLISTEMON VIMINALIS 'LITTLE JOHN'
DIETES GRANDIFLORA
EPILOBIUM CANUM
EUONYMUS JAPONICUS 'GREEN SPIRE
FEIJOA SELLOWIANA
HESPERALOE PARVIFLORA
IRIS DOUGLASIANA
KNIPHOFIA UVARIA
LANTANA MONTEVIDENSIS'ALBA'
NANDINA DOMESTICA
PHORMIUM TENAX
PITTOSPORUM TOBIRA
RHAMNUS CALIFORNICA
RIBES SANGUINEUM
SALVIA SPP.
SEDUM SPP,
TEUCRIUM FRUTICANS
TULBAGHIA VIOLACEA
VERBENA LILACINA 'DE LA MINA'
WESTRINGIA FRUTICOSA
Salvia spp.
Kniphofia uvula
Bulbine frutescens
Agapanthus
COMMON NAME
AFRICAN LILY
AGAVE
CORAL ALOE
KANGAROO PAW
MYERS ASPARAGUS FERN
STALKED BULBINE
LITTLE JOHN WEEPING BOTTLEBRUSH
FORTNIGHT LILY
CALIFORNIA FUCHSIA
GREEN SPIRE EUONYMUS
PINEAPPLE GUAVA
RED YUCCA
DOUGLAS IRIS
RED HOT POKER
WHITE TRAILING LANTANA
HEAVENLY BAMBOO
NEW ZEALAND FLAX
JAPANESE PITTOSPORUM
CALIFORNIA COFFEEBERRY
RED FLOWERING CURRANT
SAGE
SEDUM
BUSH GERMANDER
SOCIETY GARLIC
LILAC VERBENA
COAST ROSEMARY
Aloe striata
SIZE WATER USE SPACING
5 GAL M 241' c.c.
5 GAL L 48" o.c.
5 GAL L 24" c.c.
5 GAL L 30" c.c.
5 GAL M 48" o.c.
5 GAL L 36" o.c.
5 GAL L 361' c.c.
5 GAL L 36" o.c.
5 GAL L 361' o.c.
5 GAL L 24" o.c.
5 GAL L 96" o.c.
5 GAL L 42" o.c.
2 GAL L 301' c.c.
2 GAL L 24" o.c.
5 GAL L 48" c.c.
5 GAL L 36" o.c.
5 GAL L 48" o.c.
5 GAL L 48" o.c.
5 GAL L 48" o.c.
5 GAL L 48" o.c.
5 GAL L 48" o.c.
2 GAL L 24" o.c,
5 GAL L 48" o.c.
2 GAL L 30" c.c.
2 GAL L 301' c.c.
5 GAL L 48" o.c.
Anigozanthos
)fetes ieucrium chamaedrys
10 62
BRANAUGH DESIGN GUIDELINES
PLANTING LIST - GRASSES, VINES, & GROUND COVERS
GRASSES
BOUTELOUA GRACILIS
CALAMAGROSTIS X ACUTIFLORA'KARL FOERSTER'
CAREX PANSA
CHONDROPETALUM TECTORUM
FESTUCA MAIREI
JUNCUS PATENS 'ELK BLUE'
LEYMUS CONDENSATUS 'CANYON PRINCE
LOMANDRA LONGIFOLIA 'BREEZE TM
MUHLENBERGIA RIGENS
VINES
BOUGAINVILLEA SPP.
FICUS PUMILA
HARDENBERGIA VIOLACEA
WISTERIA SINENSIS
GROUND COVERS
ACACIA REDOLENS
BACCHARIS PILULARIS
CEANOTHUS GRISEUS
CORREA PULCHELLA
DYMONDIA MARGARETAE
JUNIPERUS SABINA' BUFFALO'
MYOPORUM PARVIFOLIUM'PINK'
ROSA X 'CARPET ROSE PINK'
ROSMARINUS OFFICINALIS'HUNTINGTON CARPET
Acacia redolens
Rosa `Carpet Rose'
Bougainvillea spp.
Myoporum laetum
COMMON NAME
BLUE GRAMA GRASS
KARL FOERSTER FEATHER REED GRASS
SANDDUNE SEDGE
SMALL CAPE RUSH
ATLAS FESCUE
SPREADING RUSH
CANYON PRINCE GIANT WILD RYE
BREEZE MAT RUSH
DEER GRASS
COMMON NAME
BOUGAINVILLEA
CREEPING FIG
LILAC VINE
CHINESE WISTERIA
COMMON NAME
BANK CATCLAW
COYOTE BRUSH
CARMEL CEANOTHUS
AUSTRALIAN FUCHSIA
SILVER CARPET DYMONDIA
SAVIN JUNIPER
TRAILING MYOPORUM
FLOWERING CARPET ROSE (PINK)
HUNTINGTON CARPET ROSEMARY
Ficus pumila
Calamagrostis 'Karl Foerster'
SIZE WATER USE SPACING
1 GAL L 24" o.c.
5 GAL M 36" o.c.
1 GAL M 36" o.c.
5 GAL L 36" o.c.
2 GAL L 36" o.c.
2 GAL L 24" o.c.
5 GAL L 42" o.c.
5 GAL L 36" o.c.
5 GAL L 48" o.c.
SIZE WATER USE SPACING
5 GAL L 120" o.c.
5 GAL M 120" o.c.
5 GAL M 120" o.c.
5 GAL M 120" o.c.
CONT WATER USE SPACING
2 GAL VL 84" o.c.
1 GAL L 72" o.c.
1 GAL L 60" o.c.
1 GAL L 48" o.c.
1 GAL L 48" o.c.
1 GAL L 72" o.c.
1 GAL L 60" o.c.
2 GAL M 36" o.c.
2 GAL L 42" o.c.
_omandra Iongifolia
Chondropetalum tectorum
11
63
Attachment 4
ORDINANCE NO. xx - 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BEX
DEVELOPMENT RELATED TO THE BRANAUGH PROPERTY PROJECT
(PLPA-2021-00014)
(APN 905-0001-004-04)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Branaugh Property is located in the Fallon Village Project area. Through Ordinance No.
32-05, the City Council adopted a Stage 1 PD-Planned Development Rezone Amendment
for the Fallon Village Project Area which, among other approvals, established the maximum
number of residential units at 3,108 units for the Fallon Village Project Area.
B. The Applicant, Randy Branaugh, is requesting approval of a Planned Development Zoning
Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The
proposed Project would allow up to 97 residential units and 527,773 square feet of industrial
uses. Requested land use approvals include a Planned Development Zoning Stage 2
Development Plan, amendments to the Stage 1 Development Plan, Vesting Tentative Parcel
Map No. 9306, and a Development Agreement among other related actions. These planning
and implementing actions are collectively known as the "Branaugh Property Project" or the
"Project."
C. The 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin, north of
Interstate 580 and immediately adjacent to the City limit and urban limit line.
D. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City
prepared an Addendum for the Project, which reflected the City's independent judgment and
analysis of the potential environmental impacts of the Project. Prior CEQA analysis for the
Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR
(1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation
Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively,
these three environmental review documents are referred to as the "EDSP EIRs."
E. The proposed Development Agreement is attached to this Resolution as Exhibit A.
F. The Planning Commission held a public hearing on the proposed Development Agreement
on February 14, 2023, for which public notice was given by law.
G. The Planning Commission recommended that the City Council approve the Branaugh
Property Project including the Development Agreement by Resolution No. 23-01.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3
64
H. A public hearing on the proposed Development Agreement was held before the City Council
on March 7, 2023 for which public notice was given as provided by law.
I. The City Council has considered the recommendation of the Planning Commission, including
the Planning Commission's reasons for its recommendation, the Agenda Statement, all
comments received in writing, and all testimony received at the public hearing.
SECTION 2: FINDINGS AND DETERMINATIONS
Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City
of Dublin General Plan; (c) the Eastern Dublin Specific Plan, (d) the EDSP EIRs and Addendum
prepared for the Project; (e) the Staff Report; (f) information in the entire record of proceeding for
the Project, and on the basis of the specific conclusions set forth below, the City Council finds and
determines that:
A. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, and in the Eastern Dublin
Specific Plan in that: (a) the Development Agreement incorporates the objectives policies,
general land uses and programs in the General Plan and Specific Plan and does not amend
or modify them; and (b) the Project is consistent with the fiscal policies of the General Plan
and Specific Plan with respect to the provision of infrastructure and public services.
B. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located because the
Development Agreement does not amend the uses or regulations in the applicable land use
district.
C. The Development Agreement is in conformity with public convenience, general welfare, and
good land use policies in that the Developer's Project will implement land use guidelines set
forth in the Eastern Dublin Specific Plan and the General Plan.
D. The Development Agreement will not be detrimental to the health, safety, and general
welfare in that the Developer's proposed Project will proceed in accordance with all the
programs and policies of the General Plan, Eastern Dublin Specific Plan, and future Project
Approvals and any Conditions of Approval.
E. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent with the General
Plan, the Eastern Dublin Specific Plan, and future project approvals.
F. The Development Agreement specifies the duration of the agreement, the permitted uses of
the property, and the obligations of the Applicant. The Development Agreement contains an
indemnity and insurance clause requiring the developer to indemnify and hold the City
harmless against claims arising out of the development process, including all legal fees and
costs.
SECTION 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and
authorizes the City Manager to execute it.
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3
65
SECTION 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 21st day of
March, 2023 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3
66
Attachment 5
RECORDING REQUESTED BY:
CITY OF DUBLIN
WHEN RECORDED MAIL TO:
City Clerk
City of Dublin
ioo Civic Plaza
Dublin, CA
Fee Waived per GC 27383
Space above this line for Recorder's use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
BEX DEVELOPMENT, LLC
FOR THE BRANAUGH PROJECT
67
THIS DEVELOPMENT AGREEMENT (this "Agreement" or this
"Development Agreement") is made and entered into for reference purposes on
this day of . 202 , by and between the City of Dublin, a Municipal
Corporation (hereafter "City"), and Bex Development, LLC, a California Limited
Liability Company (hereafter "Developer") pursuant to the authority of §§
et seq. of the California Government Code and Dublin Municipal Code, Chapter
. . 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. California Government Code §§ et seq. ("Development
Agreement Statute") and Chapter . of the Dublin Municipal Code (hereafter
"Chapter . ") authorize the City to enter into a Development Agreement for
the development of real property with any person having a legal or equitable
interest in such property in order to establish certain development rights in such
property.
B. Developer owns certain real property (the "Property") consisting of
approximately o acres of land, as more particularly described in Exhibit A.
Legal Description of Property, attached hereto and incorporated herein by
reference.
C. Developer has applied for, and City has approved, various land use
approvals in connection with a project consisting of up to residential units
and up to 2 , square feet of industrial development (the "Project"),
including, without limitation, an amendment to Planned Development Zoning
Ordinance No. 2.-0 Stage i Development Plan (Ord. No. ___ adopted on
202 ), a Stage 2 Planned Development Rezoning and Development Plan for the
Branaugh Project (Ord. No. ___ adopted by the City Council on , 202 ),
Vesting Tentative Parcel Map o for the Branaugh Project (Resolution No. ___
adopted on , 202 ), and this Agreement (approved by the DA Approving
Ordinance (defined below)) (collectively the "Project Approvals").
D. City desires the timely, efficient, orderly and proper development of
the Project.
E. The City, in collaboration with the City of Livermore, is the lead
agency that desires to construct a project generally described as the roadway
extension of Dublin Boulevard from Fallon Road to the Dublin city limits,
continuing easterly through unincorporated Alameda County and connecting to
North Canyons Parkway within the City of Livermore, commonly referred to as
2
68
the proposed Dublin Boulevard - North Canyons Parkway Extension Project
("Dublin Boulevard Extension"). On September , 201 , the City Council adopted
Ordinance No. io-i to establish Right -of -Way Lines for Dublin Boulevard
between Fallon Road and the Eastern City Limit ("Precise Plan").
F. The Valley Link Rail project ("Valley Link Project") is a new -mile,
-station passenger rail project that establishes rail connectivity between the Bay
Area Rapid Transit (BART) system at the existing Dublin/Pleasanton BART
Station in Alameda County to the approved Altamont Corridor Express (ACE)
North Lathrop Station in San Joaquin County. The proposed project will impact
existing transportation corridors, including the existing Interstate o ("I- o")
corridor in the City. The Valley Link Project proposes relocation of Collier
Canyon Road to accommodate the passenger rail line. The addition of a new rail
system would require widening of I- o right-of-way to the north and respective
relocation of Collier Canyon Road (the "Collier Canyon Roadway Relocation").
G. City and Developer have reached agreement and desire to express
herein a Development Agreement that will facilitate development of the Project
subject to conditions set forth herein.
H. The development of the Property and the Project has been evaluated
in three environmental impact reports certified by the City: (1) Eastern Dublin
General Plan Amendment and Specific Plan Environmental Impact Report, State
Clearinghouse No. 110 0 ; (2) East Dublin Properties Stage 1 Development
Plan and Annexation Supplemental EIR (State Clearinghouse No. 20010 211 );
and ( ) Fallon Village Project Draft Supplemental Environmental Impact Report
(State Clearinghouse Number 200 0 2010) (collectively, "Prior EIRs"). The Prior
EIRs specifically addressed the General Plan, Specific Plan and Stage 1 Planned
Development Zoning and Development Plan for the Project. An Initial Study was
prepared for the amendment to Planned Development Zoning Ordinance No.
2.-0 Stage 1 Development Plan, Stage 2 Planned Development Rezoning and
Development Plan, a Vesting Tentative Parcel Map o , and this Development
Agreement to determine whether these approvals will result in any new or
substantially more severe significant environmental impacts than those analyzed
in these prior EIRs or any other standard requiring further environmental
review under CEQA are met (Public Resources Code section 211 and CEQA
Guidelines sections 1 1 2 and 1 1 ). The Initial Study determined that these
approvals did not trigger any of the CEQA standards requiring further
environmental review. An Addendum was prepared for these approvals
explaining the basis for finding no further review is required under CEQA
pursuant to CEQA Guidelines section 1 1 (e). The City Council considered and
69
approved the findings in the Addendum (Reso. No. ___ adopted on , 202 )
prior to approving the amendment to Planned Development Zoning Ordinance
No. 2.-0 Stage 1 Development Plan, Stage 2 Planned Development Rezoning
and Development Plan, a Vesting Tentative Parcel Map o , and this
Development Agreement.
I. City has given the required notice of its intention to adopt this
Development Agreement and has conducted public hearings thereon pursuant to
Government Code Section and Chapter . . As required by Government
Code Section . , City has found that the provisions of this Development
Agreement and its purposes are consistent with the goals, policies, standards
and land use designations specified in City's General Plan.
J. On , 202 , the City of Dublin Planning
Commission, the initial hearing body for purposes of development agreement
review, recommended approval of this Development Agreement pursuant to
Resolution No. ___.
K. On , 202 , the City Council of the City of
Dublin adopted Ordinance No. ___ approving this Development Agreement (the
"DA Approving Ordinance"). The DA Approving Ordinance took effect on ___,
202 .
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. Description of Property. The Property that is the subject of this
Agreement is described in Exhibit A.
2. Interest of Developer. Developer has a legal interest in the Property
in that it is the owner of the Property.
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 neither City nor Developer is an agent of the
other. The City and Developer hereby renounce the existence of any form of joint
venture or partnership between them, and agree that nothing contained herein
70
or in any document executed in connection herewith shall be construed as
making the City and Developer joint venturers or partners.
Effective Date and Term
.i Effective Date. The effective date of this Agreement ("Effective
Date") is the date upon which the DA Approving Ordinance takes effect.
.2 Term. The term of this Agreement shall commence on the
Effective Date and shall continue for io (ten) years thereafter, unless said term is
otherwise extended or terminated as provided in this Agreement (as so extended
or terminated, the "Term"). In the event that any third -party lawsuit is filed
challenging the City's issuance of the Project Approvals or its compliance with
CEQA, the Term of this Agreement shall be automatically extended for a
duration equal to the time from the filing of such lawsuit to the entry of a final
order dismissing or otherwise finally terminating such lawsuit, which duration
shall include any appeals ("Litigation Extension"). If required by one of the
parties, the other party shall enter into a Clarification pursuant to Section .
below memorializing the length of such Litigation Extension. This Agreement
shall terminate with respect to any for sale residential lot and such lot shall be
released and no longer subject to this Agreement, without the execution or
recordation of any further document, when a certificate of occupancy has been
issued for the building(s) on such lot.
. Optional Extension. Prior to the expiration of the Term of this
Development Agreement, as provided in Section .2, Developer may extend the
Term of the Development Agreement. To do so, Developer shall give City written
notice at least o days prior to the termination date of the Development
Agreement. At the time Developer provides such notice, Developer shall make a
payment to City in the amount of $2 0,000 (adjusted for inflation from the
Effective Date using the CPI-U, San Francisco -Oakland -San Jose Area) for each
year of extension requested under this provision. Upon receipt of the notice and
the contribution, the City Manager shall approve the extension and shall notify
the Developer in writing that the Term of the Development Agreement has been
automatically extended for an additional time period equal to the time period
requested by Developer under this provision, commencing on the date the
Development Agreement would otherwise have terminated; provided Developer
may exercise its option to extend the Development Agreement no more than five
times, for a maximum total Term of the Development Agreement of fifteen years
(plus any extensions pursuant to Sections .2 or . hereof). Provided there is an
extension period remaining, Developer may request the extension for multiple
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years and provide the payment due for each year's extension. Each extension
shall apply to the entire Property upon payment of one $2 0,000 (as adjusted in
accordance with this Section . ) per year extension payment, even if the
Property is owned by multiple Developers at that time.
. Term of Proiect Approvals. The term of any Project Approvals
(as defined in Recital C) for the Property or any portion thereof, specifically
including without limitation the Vesting Tentative Parcel Map o , shall be
extended automatically for the Term of this Agreement.
. .1 Termination of Agreement. In the event that this
Agreement is terminated prior to the expiration of the Term, the term of any
Project Approval and the vesting period for any final subdivision map approved
as a Project Approval shall be the term otherwise applicable to the approval.
Vested Rights/Use of the Property/Applicable Law/Processing
.1 Right to Develop. Developer shall have the vested right to
develop the Project on the Property in accordance with the terms and conditions
of (i) this Agreement, the Project Approvals (as and when issued), and any
amendments to any of them as shall, from time to time, be approved pursuant to
this Agreement, and (ii) the City's ordinances, codes, resolutions, rules,
regulations and official policies governing the development, construction,
subdivision, occupancy and use of the Project and the Property including,
without limitation, the General Plan, the Dublin Municipal Code, and the
Specific Plan, the permitted uses of the Property, density and intensity of use of
the Property and the maximum height, bulk and size of proposed buildings, and
the provisions for reservation or dedication of land for public purposes that are
in force and effect on the Effective Date of this Agreement (collectively,
"Applicable Law"). In exercising its discretion when acting upon subsequent
project approvals, City shall apply the Applicable Law as the controlling body of
law (within which Applicable Law such discretion shall be exercised).
Notwithstanding the foregoing or anything to the contrary herein, any
amendment to the Project Approvals shall not become part of the law Developer
is vested into under this Agreement unless an additional amendment of this
Agreement is entered into between Developer and City in accordance with this
Agreement. In the event that such amendments to the Project Approvals are
sought for any distinct portion of the Property or Project, such amendments
shall not require amendment of this Agreement with respect to any other
portion of the Property or Project, except to the extent set forth in such
amendment.
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.2 Fees, Exactions, Dedications. The City shall not apply to the
Project any development impact fee or any application, processing or inspection
fee (collectively, "Fees") that the City first enacts after the Effective Date. Except
as otherwise set forth in this Agreement, City and Developer agree that this
Agreement does not limit the City's discretion to impose or require (a) payment
of any fees in connection with the issuance of any subsequent project approvals
as necessary for purposes of mitigating environmental and other impacts of the
Project, (b) dedication of any land, or (c) construction of any public
improvement or facilities (collectively "Exactions"). Except as specifically
provided herein, nothing in this Agreement shall limit the City's ability to
impose existing development impact Fees at rates that are increased beyond the
amounts in effect on the Effective Date or limit Developer's ability to challenge
any such increases under state or local law.
. Construction Codes. Notwithstanding the provisions of
Section .1 above, to the extent Applicable Law includes requirements under the
state or locally adopted building, plumbing, mechanical, electrical and fire
codes (collectively the "Codes"), the Codes included shall be those in force and
effect at the time Developer submits its application for the relevant building,
grading, or other construction permits to City. In the event of a conflict between
such Codes and the Project Approvals, the Project Approvals shall, to the
maximum extent allowed by law, prevail. For construction of public
infrastructure, the Codes applicable to such construction shall be those in force
and effect at the time of execution of an improvement agreement between City
and Developer pursuant to Chapter .1 of the Dublin Municipal Code.
. New Rules and Regulations. During the Term of this
Agreement, the City may apply new or modified ordinances, resolutions, rules,
regulations and official policies of the City to the Property which were not in
force and effect on the Effective Date only to the extent they are not in conflict
with the vested rights granted by the Applicable Law, the Project Approvals or
this Agreement. In addition to any other conflicts that may occur, each of the
following new or modified ordinances, resolutions, rules, regulations or official
policies shall be considered a per se conflict with the Applicable Law:
. .1 Any application or requirement of such new or
modified ordinances, resolutions, rules, regulations or official policies that
would (i) cause or impose a substantial financial burden on, or materially delay
development of the Property as otherwise contemplated by this Agreement or
the Project Approvals, (ii) frustrate in a more than insignificant way the intent or
purpose of the Project Approvals or preclude compliance therewith including,
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without limitation, by preventing or imposing limits or controls in the rate,
timing, phasing or sequencing of development of the Project; (iii) prevent or
limit the processing or procuring of subsequent project approvals; or (iv) reduce
the density or intensity of use of the Property as a whole, or otherwise requiring
any reduction in the square footage of, or total number of, proposed buildings,
structures and other improvements, in a manner that is inconsistent with or
more restrictive than the limitations included in this Agreement and the Project
Approvals; and/or
. .2 If any of such ordinances, resolutions, rules,
regulations or official policies do not have general (City-wide) applicability.
. Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, if a City ordinance, resolution, policy, directive, or
other measure is enacted or becomes effective, whether by action of the City or
by initiative, and if it imposes a building moratorium which affects all or any
part of the Project, City agrees that such ordinance, resolution or other measure
shall not apply to the Project, the Property, this Agreement or the Project
Approvals unless the building moratorium is imposed as part of a declaration of
a local emergency or state of emergency as defined in Government Code section
, provided that to the extent a moratorium applies to all or any part of the
Project then the Term shall automatically be extended for a period of time equal
to the period of the moratorium.
. Revised Atnlication Fees. Notwithstanding section .2, any
existing application, processing and inspection fees that are revised during the
Term of this Agreement shall apply to the Project provided that (1) such fees
have general applicability and are consistent with State law limitations that
processing fees not exceed the estimated reasonable cost of providing the
service for which they are charged; (2) the application of such fees to the
Property is prospective; and ( ) the application of such fees would not prevent,
impose a substantial financial burden on, or materially delay development in
accordance with this Agreement. By so agreeing, Developer does not waive its
rights to challenge the legality of any such application, processing and/or
inspection fees.
. New Taxes. This Agreement shall not prohibit the application
of any subsequently enacted city-wide taxes to the Project provided that (1) the
application of such taxes to the Property is prospective, and (2) the application of
such taxes would not prevent development in accordance with this Agreement.
By so agreeing, Developer does not waive its rights to challenge the legality of
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any such taxes, facially or as applied to its Project or Property, or to claim
exemption from any taxes to the extent allowed by law.
. Development of the Project; Phasing, Timing. Since the
California Supreme Court held in Pardee Construction Co. v. City of Camarillo
(i ) Cal. d , that the failure of the parties therein to provide for the
timing of development resulted in a later adopted initiative restricting the timing
of development to prevail over such parties' agreement, it is the Parties' intent to
cure that deficiency by acknowledging and providing that this Agreement
contains no requirements that Developer must initiate or complete any action,
including without limitation, development of the Project within any period of
time set by City. Nothing in this Agreement is intended to create nor shall it be
construed to create any affirmative development obligations to develop the
Project, or liability in Developer under this Agreement if the development fails
to occur. It is the intention of this provision that Developer be able to develop
the Property in accordance with its own time schedules and the Project
Approvals.
Processing. Nothing in this Agreement shall be construed to
limit the authority or obligation of City to hold necessary public hearings, nor to
limit the discretion of City or any of its officers or officials with regard to
subsequent project approvals that require the exercise of discretion by City,
provided that such discretion shall be exercised consistent with the vested rights
granted by this Agreement, the Applicable Law and the Project Approvals.
. Property Grading.
.i Phasing. For mutual benefit, the Parties desire a mass grading
of the Property prior to the Dublin Boulevard Extension through the Property.
Pursuant to Dublin Municipal Code Section .i .1 o(B), when the intended use
of a site requires approval of a discretionary zoning permit, a grading permit
shall not be issued until said approval. The Parties agree that the intended use,
exclusively for purposes of Dublin Municipal Code Section .i .i o(B) and this
Section, shall mean the Dublin Boulevard Extension. In accordance with this
Section, Developer may apply for, and City may issue a grading permit,
notwithstanding approval of a discretionary zoning permit for the intended use
of the remainder of the Project site.
.2 Slope Easement. The Project Approvals require Developer to
dedicate a Slope Easement ("SE") for that portion of the Property adjacent to the
future Dublin Boulevard frontage, if mass grading has not commenced per the
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preliminary grading plan as shown on the Vesting Tentative Parcel Map o .
Developer shall cooperate in good faith with the City Engineer on the extent of
the SE dedication necessary to accommodate the Dublin Boulevard Extension.
The SE shall be dedicated by separate instrument, in a form satisfactory to the
City Engineer and City Attorney, prior to the first final or parcel map filed by
Developer within the three-year period referenced in Section .1. If a final or
parcel map is not filed by Developer within the three-year period, the SE shall be
dedicated in conjunction with the Dublin Boulevard Extension right-of-way
dedication described in Section .1.
. Affordable Housing.
.1 Units Required by Regulations. Developer proposes up to
residential units on the Property. Pursuant to the City's Inclusionary Zoning
Regulations (Chapter . of the Dublin Municipal Code) (the "Regulations"),
developers of more than 20 residential units are required to set aside 12. % of
the total number of units in the project as affordable units as specified.
.2 Alternative Compliance Authorized. Under the Regulations,
certain exceptions permit developers to satisfy the obligation other than through
on -site construction. For instance, part of this obligation can be satisfied
through the payment of a fee in -lieu of construction of units. In addition,
developers can satisfy their affordable housing obligations by, among other
mechanisms, obtaining City Council approval of an alternative method of
compliance that the City Council finds meet the purposes of the Regulations.
Satisfaction of City Requirements. Developer shall satisfy its
affordable housing obligation through compliance with the Regulations.
. Right -of -Way Dedications.
.1 Dublin Boulevard Extension. The Project Approvals require
Developer to dedicate a portion of the Property to the City in fee as right-of-way
for the Dublin Boulevard Extension, in general conformance with the adopted
Precise Plan, the most current design plans on file with the office of the City
Engineer at the time of dedication, and the Vesting Tentative Parcel Map o .
Such dedication shall occur no later than three ( ) years from the approval date
of the Vesting Tentative Parcel Map o . The dedicated right-of-way shall be
shown on the first final or parcel map filed within three -years of the approval
date of Vesting Tentative Map o . If a final or parcel map is not filed within the
three-year period, the right-of-way shall be dedicated by a separate deed
instrument, in a form satisfactory to the City Engineer and City Attorney. The
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City shall provide Eastern Dublin Transportation Impact Fee (EDTIF) credits for
the dedicated right-of-way with the amount of the credits to be determined by
the EDTIF Guidelines.
.2 Collier Canyon Road Realignment. The Project Approvals
require Developer to dedicate, or make an irrevocable offer of dedication for,
that portion of the Property to the City in fee as right-of-way necessary for the
Collier Canyon Road Realignment, in general conformance with the Vesting
Tentative Parcel Map o , and the most current design plans on file with the
office of the City Engineer at the time of dedication. The dedicated right-of-way
shall be shown on the first final or parcel map filed. Alternatively, subject to City
Engineer approval, the right-of-way may be dedicated by an easement deed for
public roadway purposes, in a form satisfactory to the City Engineer and City
Attorney. Any such easement deed shall prohibit construction of any permanent
improvements and structures, as determined by the City Engineer, within the
future right-of-way.
. Community Facilities District - Mitigation of Dublin Boulevard
Extension Permanent Indirect Impacts.
.1 Mitigation of Permanent Indirect Impacts. Construction of the
Dublin Boulevard Extension will impact potential habitat for several special -
status species, including California tiger salamander and California red -legged
frog. The U.S. Fish and Wildlife Service Biological Opinion 1 issues for the
Dublin Boulevard Extension project and the mitigation measures of the Dublin
Boulevard Extension project's Environmental Impact Report, require the City to
provide compensatory mitigation for impacts to these species' habitat. To satisfy
the compensatory mitigation requirements, the City proposes to provide project -
specific mitigation in the form of in -perpetuity preservation, enhancement, and
management of suitable habitat for these species. The impacts are categorized
into permanent direct impacts, permanent indirect impacts, and temporary
impacts. The permanent indirect impacts are identical to the Project's potential
permanent direct impacts resulting from the Project's construction. The
permanent indirect impacts on the Property is approximately 1. acres, which
may require a compensatory mitigation at a ratio of to 1, for approximately
.02 acres.
.2 Community Facilities District. Developer agrees to cooperate
in the formation of, or annexation into, a community facilities district or
districts established pursuant to the Mello -Roos Community Facilities District
Act of 1 2 (Gov. Code §§ 11- . ) (the "Mello -Roos Act") including
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approval of the Rate, Method of Apportionment and Manner of Collection of
Special Tax ("RMA") for the purpose of financing the City's acquisition of
facilities required for the off -site mitigation of the Dublin Boulevard Extension's
permanent indirect impacts (described in Section .1). Developer and City agree
that the boundaries of the district(s) will include all of the Property as more
particularly described in Exhibit A, and that Developer will not contest and will,
for and on behalf of all of the Property, vote in favor of formation of or
annexation into the district(s) prior to filing the first final map. Developer shall
pay its fair share of administrative costs incurred by the City associated with the
formation of and/or annexation into the district(s), as determined by the City
Engineer.
. Alternative Mitigation. Notwithstanding the foregoing, City
agrees that Developer may pursue alternatives to mitigate the impacts described
in Section .1. If Developer directly acquires mitigation land or credits, fully
satisfying the mitigation required by Section .1, Developer shall be exempt
from compliance with Section .2. The City Engineer shall determine, in their
sole discretion, whether Developer's alternative method fully satisfies
Developer's mitigation requirements as set forth in Section .i.
io. Community Facilities District - Service and Maintenance of
Project Facilities and Improvements.
io.i Community Facilities District. Developer agrees to cooperate
in the formation of, or annexation into, a community facilities district or
districts established pursuant to the Mello -Roos Community Facilities District
Act of i 2 (Gov. Code §§ ii- . ) (the "Mello -Roos Act") including
approval of the Rate, Method of Apportionment and Manner of Collection of
Special Tax ("RMA") for the purpose of financing the services and maintenance
of certain public facilities/improvements constructed by the Developer.
Developer agrees that the boundaries of the district(s) will include all of the
Property, and that Developer will not contest and will, for and on behalf of all of
the Property, vote in favor of formation of or annexation into the district(s) prior
to filing the first final map. Developer shall pay its fair share of administrative
costs incurred by the City associated with the formation of and/or annexation
into the district(s), as determined by the City Engineer.
10.2 Alternative Method of Compliance. Notwithstanding the
foregoing, City agrees that Developer may alternatively establish a maintenance
fund, in an amount to be determined by the City Engineer, that compensates for
all future maintenance of all public streets (including storm drain systems, street
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lights, and other street appurtenances) within Parcels 1 and 2 (future residential
tract), as shown on the Vesting Tentative Parcel Map o , for a period of twenty
(20) years after City's acceptance of improvements. If Developer complies with
this Section 10.2 prior to filing the first final map, Developer shall be exempt
from compliance with Section 10.1.
11. Eastern Dublin Transportation Impact Fee Credits. Developer shall
not use or apply any EDTIF credits that it purchased or transferred from any
other credit -holder to satisfy Developer's obligations set forth herein.
12. General Plan Amendments. City acknowledges that Developer
intends to apply for a General Plan amendment to accommodate the following
changes, which shall be subject to the City Council's sole discretion to approve or
deny, following review and recommendation by the Planning Commission in
accordance with Government Code Section o et seq. and environmental
review to the extent required by the California Environmental Quality Act:
12.1 Increase the Industrial Park designation's maximum Floor
Area Ratio to o. o; and/or
12.2 Change certain Property land use designations from Industrial
Park to General Commercial/Campus Office.
1 . Amendment or Cancellation.
1 .1 Modification Because of Conflict with State or Federal Laws.
The Project and Property shall be subject to state and federal laws and
regulations and this Agreement does not create any vested right in state and
federal laws and regulations in effect on the Effective Date. In the event that state
or federal laws or regulations enacted after the Effective Date of this Agreement
prevent or preclude compliance with one or more provisions of this Agreement
or require changes in plans, maps or permits approved by the City, the parties
shall meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply with such federal or state law or regulation. Any such
amendment or suspension of the Agreement shall be subject to approval by the
City Council (in accordance with Chapter . ). Each Party agrees to extend to
the other its prompt and reasonable cooperation in so modifying this Agreement
or approved plans.
1 .2 Amendment of Development Agreement by Mutual Consent.
This Agreement may be amended in writing from time to time by mutual
consent of the Parties hereto and in accordance with the procedures of the
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Development Agreement Statute and Chapter . . Review and approval of an
amendment to this Development Agreement shall be strictly limited to
consideration of only those provisions to be added or modified. No amendment,
modification, waiver or change to this Development Agreement or any provision
hereof shall be effective for any purpose unless specifically set forth in a writing
that expressly refers to this Development Agreement and signed by the duly
authorized representatives of both Parties.
1 .2.1 Partial Amendment. When a Party seeking such an
amendment owns or has an equitable right to only a portion of the whole of the
Property ("Portion"), then such Party may only seek amendment of this
Agreement as directly relates to the Portion, and the Party owning any other
Portion shall not be required or entitled to be a signatory or to consent to an
amendment that affects only another Party's Portion.
1 . Amendments. Any amendments to this Agreement which
relate to (a) the Term; (b) the permitted uses of the Property as provided in
paragraph .1; (c) provisions for "significant" reservation or dedication of land;
(d) conditions, terms, restrictions or requirements for subsequent discretionary
actions; (e) an increase in the density or intensity of use of the overall Project; (f)
the maximum height or size of proposed buildings; or (g) monetary
contributions by Developer as provided in this Agreement, shall be deemed an
"Amendment" and shall require notice or public hearing before the Planning
Commission and the City Council before the Parties may execute an amendment
hereto. The City's Public Works Director shall determine whether a reservation
or dedication is "significant" in the context of the overall Project.
1 . Clarifications. If and when, from time to time, during the Term
of this Agreement, City and Developer agree refinements and clarifications are
necessary or appropriate with respect to the details of performance of City and
Developer hereunder, City and Developer shall effectuate such clarifications
through letter agreements (each, a "Clarification") approved by City and
Developer, which, after execution, shall be attached hereto as addenda and
become a part hereof, and may be further clarified from time to time as
necessary with future approval by City and Developer. No such Clarification
shall constitute an amendment to this Agreement requiring public notice or
hearing. The City Manager or his or her designee shall have the authority to
determine on behalf of City whether a requested clarification is of such a
character to constitute an Amendment subject to Section . above or a
Clarification subject to this Section . . The City Manager shall have the
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authority to review, approve, and execute Clarifications to this Agreement
provided that such Clarifications are not Amendments.
1 . Cancellation by Mutual Consent. Except as otherwise
permitted herein, this Agreement may be canceled in whole or in part only by
the mutual consent of the parties or their successors in interest, in accordance
with the provisions of the Development Agreement Statute and Chapter
. . Any fees paid pursuant to this Agreement prior to the date of cancellation
shall be retained by the City.
1 . Annual Review.
1 .1 Review Date. The annual review date for this Agreement shall
be between July 1 and August 1 , 202 , and thereafter between each July 1 and
August 1 during the Term. Review shall be conducted in accordance with
Section . .i o of Chapter . and the provisions of this Section 11.
1 .2 Initiation of Review. The City's Community Development
Director shall initiate the annual review, as required under Section . .1 0 of
Chapter . , by giving to Developer thirty days' prior written notice that the City
intends to undertake such review. Not less than thirty days after receipt of the
notice, Developer shall provide evidence to the Director, as reasonably
determined necessary by the Director, to demonstrate good faith compliance
with the material terms and provisions of the Agreement as to the whole or
relevant portion of the Property owned by Developer. The burden of proof by
substantial evidence of compliance is upon Developer.
1 . Staff Reports. To the extent practical, the City shall deposit in
the mail to Developer a copy of all staff reports, and related exhibits concerning
contract performance at least five days prior to any public hearing addressing
annual review.
1 . Costs. Costs reasonably incurred by the City in connection
with the annual review shall be paid by Developer in accordance with the City's
schedule of fees in effect at the time of review.
1 . Default.
1 .1 Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all remedies at law or in equity which are not
otherwise provided for in this Agreement or in the City's regulations governing
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development agreements, expressly including, but not limited to, the remedy of
specific performance of this Agreement.
1 .2 Notice and Cure. Upon the occurrence of an event of default
by either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. Subject to a Mortgagee's right to cure pursuant to
Section 1 . hereof, if the default is not cured by the defaulting party within
thirty days after service of such notice of default, the nondefaulting party may
then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default
within such thirty day period and diligently pursues such cure to completion.
Any notice of default given hereunder shall specify in detail the nature of the
failures in performance that the noticing Party claims constitutes the event of
default, all facts constituting substantial evidence of such failure, and the
manner in which such failure may be satisfactorily cured in accordance with the
terms and conditions of this Agreement. During the time periods herein
specified for cure of a failure of performance, the Party charged therewith shall
not be considered to be in default for purposes of (a) termination of this
Agreement, (b) institution of legal proceedings with respect thereto, or (c)
issuance of any approval with respect to the Project. Failure to give notice shall
not constitute a waiver of any default.
1 . No Damages against City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against the
City upon an event of default or upon termination of this Agreement.
1 . Estoppel Certificate. Either party may, at any time, and from time to
time, request written notice from the other party requesting such party to certify
in writing that, (a) this Agreement is in full force and effect and a binding
obligation of the Parties, (b) this Agreement has not been amended or modified
either orally or in writing, or if so amended, identifying the amendments, and
(c) to the knowledge of the certifying Party, the requesting Party is not in default
in the performance of its obligations under this Agreement, or if in default, to
describe therein the nature and amount of any such defaults. A Party receiving a
request hereunder shall execute and return such certificate within thirty days
following the receipt thereof, or such longer period as may reasonably be agreed
to by the Parties. The City Manager of the City shall be authorized to execute any
certificate requested by Developer. Should the Party receiving the request not
execute and return such certificate within the applicable period, this shall not be
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deemed to be a default, provided that such Party shall be deemed to have
certified that the statements in clauses (a) through (c) of this Section are true,
and any Party may rely on such deemed certification. City acknowledges that a
certificate hereunder may be relied upon by Transferees (as defined in Section
i .2) and Mortgagees (as defined in Sectioni .i).
1 . Mortgagee Protection; Certain Rights of Cure.
i .1 Mortaa,gee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith
and for value, but all the terms and conditions contained in this Agreement shall
be binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property,
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure,
or otherwise.
1 .2 Mortgagee Not Obligated. Notwithstanding the provisions of
Section i .1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other
exaction or imposition; provided, however, that a Mortgagee shall not be entitled
to devote the Property to any uses or to construct any improvements thereon
other than those uses or improvements provided for or authorized by the Project
Approvals or by this Agreement.
i . Notice of Default to Mortgagee and Extension of Right to Cure.
If the City receives notice from a Mortgagee requesting a copy of any notice of
default given Developer hereunder and specifying the address for service
thereof, then the City shall deliver to such Mortgagee, concurrently with service
thereon to Developer, any notice given to Developer with respect to any claim by
the City that Developer has committed an event of default. Each Mortgagee shall
have the right during the same period available to Developer to cure or remedy,
or to commence to cure or remedy, the event of default claimed set forth in the
City's notice. The City, through its City Manager, may extend the thirty -day cure
period provided in paragraph 12.2 for not more than an additional sixty days
upon request of Developer or a Mortgagee.
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1 . 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; provided that, if the
unenforceability, invalidation, or illegality would deprive either City or
Developer of material benefits derived from this Development Agreement, or
make performance under this Development Agreement unreasonably difficult,
then City and Developer shall meet and confer and shall make good faith efforts
to amend or modify this Development Agreement in a manner that is mutually
acceptable to City and Developer.
1 Attorneys' Fees and Costs.
1 .1 Prevailing Party. 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.
1 .2 Third Party Challenge. 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 the Project Approvals (including this Agreement), the Parties shall cooperate
in defending such action. The Parties hereby agree to affirmatively cooperate in
defending said action and to execute a joint defense and confidentiality
agreement in order to share and protect information, under the joint defense
privilege recognized under applicable law. 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
20. Transfers and Assignments.
20.1 Agreement Runs with the Land. All of the provisions, rights,
terms, covenants, and obligations contained in this Agreement shall be binding
upon and inure to the benefit of the Parties and their respective heirs, successors
and assignees, representatives, lessees, and all other persons acquiring the
Property, or any portion thereof, or any interest therein, whether by operation of
law or in any manner whatsoever. All of the provisions of this Agreement shall
be enforceable as equitable servitude and shall constitute covenants running
with the land pursuant to applicable laws, including, but not limited to, Section
1 of the Civil Code of the State of California. Each covenant to do, or refrain
from doing, some act on the Property hereunder, or with respect to any owned
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property, (a) is for the benefit of such properties and is a burden upon such
properties, (b) runs with such properties, and (c) is binding upon each party and
each successive owner during its ownership of such properties or any portion
thereof, and shall be a benefit to and a burden upon each party and its property
hereunder and each other person succeeding to an interest in such properties.
20.2 Right to Assign. Developer may wish to sell, transfer or assign
all or portions of its 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 shall have the right to sell, transfer or
assign to such Transferee any or all rights, interests and obligations of Developer
arising hereunder and that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: except as provided
herein, no such transfer, sale or assignment of Developer's rights, interests and
obligations hereunder shall occur without prior written notice to City and
approval by the City Manager, which approval shall not be unreasonably
withheld, conditioned, or delayed.
20. Approval and Notice of Sale, Transfer or Assignment. The City
Manager shall consider and decide on any transfer, sale or assignment of this
Agreement within ten days after Developer's notice, provided all necessary
documents, certifications and other information are provided to the City
Manager to enable the City Manager to determine whether the proposed
Transferee can perform Developer's obligations hereunder. Notice of any such
approved sale, transfer or assignment (which includes a description of all rights,
interests and obligations that have been transferred and those which have been
retained by Developer) shall be recorded in the official records of Alameda
County, in a form acceptable to the City Manager, concurrently with such sale,
transfer or assignment.
20. Considerations for Approval of Sale, Transfer or Assignment.
In considering the request, the City Manager shall base the decision upon the
proposed assignee's reputation, experience, financial resources and access to
credit and capability to successfully carry out the development of the Property to
completion. The City Manager's approval shall be for the purposes of: a)
providing notice to City; b) assuring that all obligations of Developer are
allocated as between Developer and the proposed purchaser, transferee or
assignee as provided by this Agreement; and c) assuring City that the proposed
purchaser, transferee or assignee is financially capable of performing
Developer's obligations hereunder not withheld by Developer. Notwithstanding
the foregoing, the City Manager's approval shall not be required for an
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assignment to an entity or entities controlling Developer, controlled by
Developer, or under common control with Developer, provided that Developer
owns and controls no less than fifty percent of such successor entity or controls
the day-to-day management decisions of such successor entity.
20. Release upon Transfer. Upon the transfer, sale, or assignment
of all of Developer's rights, interests and obligations hereunder pursuant to
Section 1 .2 of this Agreement, Developer shall be automatically released from
the obligations under this Agreement, with respect to the Property transferred,
sold, or assigned, arising subsequent to the date of City Manager approval of
such transfer, sale, or assignment; provided, however, that if any transferee,
purchaser, or assignee approved by the City Manager expressly assumes all of
the rights, interests and obligations of Developer under this Agreement,
Developer shall be released with respect to all such rights, interests and assumed
obligations. In any event, the transferee, purchaser, or assignee shall be subject
to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval.
20. Developer's Right to Retain Specified Rights or Obligations.
Developer may withhold from a sale, transfer or assignment of this Agreement
or any portion of the Property transferred, certain rights, interests and/or
obligations which Developer wishes to retain, provided that Developer specifies
such rights, interests and/or obligations in a written document to be appended to
this Agreement and recorded with the Alameda County Recorder prior to the
sale, transfer or assignment of the Property. Developer's purchaser, transferee
or assignee shall then have no interest or obligations for such rights, interests
and obligations and this Agreement shall remain applicable to Developer with
respect to such retained rights, interests and/or obligations.
20. Partial Assignment. In the event of a partial Transfer, City
shall cooperate with Developer and any proposed Transferee to allocate rights
and obligations under the Development Agreement and the Project Approvals
among the retained Property and the transferred Property. Provided that City
receives a copy of the assignment and assumption agreement by which
Transferee assumes the Transferred rights and obligations associated with the
transferred Property: (i) any subsequent breach with respect to the Transferred
obligations shall not constitute a breach with respect to the retained rights and
obligations of such transferor (or any other Transferee) under the Development
Agreement; (ii) and any subsequent breach with respect to the retained
obligations of transferor (or any other Transferee) shall not constitute a breach
with respect to the Transferred rights and obligations of a Transferee under the
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Development Agreement. The transferor and the Transferee each shall be solely
responsible for the reporting and annual review requirements relating to the
portion of the Property owned by such transferor/Transferee. Any amendment
to the Development Agreement between City and a transferor or Transferee shall
only affect the portion of the Property owned by such transferor or Transferee.
21. Bankruptcy. The obligations of this Agreement shall not be
dischargeable in bankruptcy.
22. Indemnification. Developer agrees to indemnify, defend and hold
harmless the City, and its elected and appointed councils, boards, commissions,
officers, agents, employees, and representatives from any and all claims, costs
(including legal fees and costs) and liability for any personal injury or property
damage which may arise directly or indirectly as a result of any actions or
inactions by Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of the City, its contractors, subcontractors, agents or employees or with
respect to the maintenance, use or condition of any improvement after the time
it has been dedicated to and accepted by the City or another public entity (except
as provided in an improvement agreement or maintenance bond). If City is
named as a party to any legal action, City shall cooperate with Developer, shall
appear in such action and shall not unreasonably withhold approval of a
settlement otherwise acceptable to Developer.
2 . Insurance.
2 . i Commercial General Liability Insurance. During the Term of
this Agreement, Developer shall maintain in effect a policy of commercial
general liability insurance with a per -occurrence combined single limit of not
less than $i,000,000. The policy so maintained by Developer shall name the City
as an additional insured and shall include either a severability of interest clause
or cross -liability endorsement. City and Developer agree that such insurance
may include alternative risk management programs, including self-insurance or
a combination of self-insurance and insurance, provided that such alternative
risk management programs provide protection equivalent to that specified
under this Agreement.
2 .2 Workers Compensation Insurance. During the Term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
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persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to
maintain any such insurance.
2 . Evidence of Insurance. Prior to issuance of any permits for the
Project, including grading permits, Developer shall furnish the City satisfactory
evidence of the insurance required in Sections 1 .1 and 1 .2 and evidence that
the carrier is required to give the City at least fifteen days prior written notice of
the cancellation or reduction in coverage of a policy unless replaced with similar
coverage. The insurance shall extend to the City, its elective and appointive
boards, commissions, officers, agents, employees and representatives and to
Developer performing work on the Project.
2 . Sewer and Water. Developer acknowledges that it must obtain water
and sewer permits from the Dublin San Ramon Services District ("DSRSD")
which is another public agency not within the control of the City. City agrees that
it shall not take any action with DSRSD opposing Developer's efforts to reserve
water and sewer capacity sufficient to serve the Project described herein.
2 . Notices. All notices required or provided for under this Agreement
shall be in writing. Notices required to be given to the City shall be addressed as
follows:
City Manager
City of Dublin
10o Civic Plaza
Dublin, CA
Phone No.: ( 2 ) - o
Fax No.: ( 2 ) - 1
With copies to: City Attorney
follows:
Notices required to be given to Developer shall be addressed as
Bex Development, LLC
Randy Branaugh
1 o Madison Ave.
Castro Valley, CA
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Phone No.: ( io) 21-1
Email: rlbranaughex@gmail.com
A Party may change address by giving notice in writing to the other Party
and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of hours after being deposited in the United States Mail.
Notices may also be given by overnight courier, which shall be deemed given the
following day or by facsimile transmission or email, which shall be deemed
given upon verification of receipt.
2 . Agreement is Entire Understanding. This Agreement, including its
exhibits, constitutes the entire understanding and agreement of the Parties and
supersedes all negotiations or previous agreements between the Parties with
respect to all or any part of the subject matter hereof.
2 . Exhibits. The following documents are referred to in this
Agreement and are attached hereto and incorporated herein as though set forth
in full:
Exhibit A Legal Description of Property
2 . Recitals. The foregoing Recitals are true and correct and are made a
part hereof.
2 . Counterparts. This Agreement may be executed by each Party on a
separate signature page, and when the executed signature pages are combined,
shall constitute one single instrument. This Agreement is executed in two
duplicate originals, each of which is deemed to be an original.
o. Recordation. The City shall record a copy of this Agreement within
ten days following execution by all Parties. Thereafter, if this Agreement is
terminated, modified or amended, the City Clerk shall record notice of such
action with the Alameda County Recorder.
1. No Third Party Beneficiaries. Nothing contained in this Agreement
is intended to or shall be deemed to confer upon any person, other than the
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Parties and their respective permitted successors and assigns, any rights or
remedies hereunder.
2. Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
. Time is of the Essence. Time is of the essence for each provision of
this Agreement for which time is an element.
. Further Actions and Instruments. Each Party to this Development
Agreement shall cooperate with and provide reasonable assistance to the other
Party and take all actions necessary to ensure that the Parties receive the
benefits of this Development Agreement, subject to satisfaction of the conditions
of this Development Agreement. Upon the request of any Party, the other Party
shall promptly execute, with acknowledgment or affidavit if reasonably required,
and file or record such required instruments and writings and take any actions
as may be reasonably necessary under the terms of this Development
Agreement to carry out the intent and to fulfill the provisions of this
Development Agreement or to evidence or consummate the transactions
contemplated by this Development Agreement.
. Section Headings. Section headings in this Development
Agreement are for convenience only and are not intended to be used in
interpreting or construing the terms, covenants or conditions of this
Development Agreement.
. Construction of Agreement. This Development Agreement has
been reviewed and revised by legal counsel for both Developer and City, and no
presumption or rule that ambiguities shall be construed against the drafting
Party shall apply to the interpretation or enforcement of this Development
Agreement.
. Authority. The persons signing below represent and warrant that
they have the authority to bind their respective Party and that all necessary
board of directors', shareholders', partners, city councils', or other approvals
have been obtained.
. Non -Intended Prevailing Wage Requirements. Except for public
improvements constructed by the Developer and to be dedicated to the City
(which are subject to conditions of Project Approval), nothing in this
Development Agreement shall in any way require, or be construed to require,
Developer to pay prevailing wages with respect to any work of construction or
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90
improvement within the Project (a "Non -Intended Prevailing Wage
Requirement"). But for the understanding of the Parties as reflected in the
immediately preceding sentence, the Parties would not have entered into this
Development Agreement based upon the terms and conditions set forth herein.
Developer and City have made every effort in reaching this Development
Agreement to ensure that its terms and conditions will not result in a Non -
Intended Prevailing Wage Requirement. These efforts have been conducted in
the absence of any applicable existing judicial interpretation of the recent
amendments to the California prevailing wage law. If, despite such efforts, any
provision of this Development Agreement shall be determined by any court of
competent jurisdiction to result in a Non Intended Prevailing Wage
Requirement, such determination shall not invalidate or render unenforceable
any provision hereof; provided, however, that the Parties hereby agree that, in
such event, this Development Agreement shall be reformed such that each
provision of this Development Agreement that results in the Non -Intended
Prevailing Wage Requirement will be removed from this Development
Agreement as though such provisions were never a part of the Development
Agreement, and, in lieu of such provision(s), replacement provisions shall be
added as a part of this Development Agreement as similar in terms to such
removed provision(s) as may be possible and legal, valid and enforceable but
without resulting in the Non -Intended Prevailing Wage Requirement.
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 DEVELOPER
Randall Lee Branaugh
By: By:
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to form
John Bakker, City Attorney
Name:
Its:
(NOTARIZATION ATTACHED)
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Exhibit A
Legal Description of the Property
Order Number: 0718-6598960
LEGAL DESCRIPTION
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
BEGINNING AT A POINT OF INTERSECTION OF THE NORTHERN LINE OF THE STATE HIGHWAY
LEADING FROM DUBLIN TO LIVERMORE, KNOWN AS ROAD IV, ALAMEDA COUNTY ROUTE 5, SECTION
B, WITH THE EASTERN LINE OF CROAK ROAD ALSO KNOWN AS COUNTY ROAD NO. 6152, AS SAID
HIGHWAY AND ROAD EXISTED JANUARY 1, 1949; RUNNING THENCE ALONG THE SAID LINE OF THE
STATE HIGHWAY SOUTH 89° 30' EAST (THE BEARING, SOUTH 89° 30' FEET BEING ASSUMED FOR THE
PURPOSE OF THIS DESCRIPTION) 1576.50 FEET TO THE SOUTHEASTERN CORNER OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN THE DEED TO ANSELMO MACHADO, ET UX, RECORDED MARCH 10,
1943 IN BOOK 4345, PAGE 274 OFFICIAL RECORDS; THENCE ALONG THE EASTERN BOUNDARY LINE OF
SAID MACHADO PARCEL OF LAND NORTH 0° 31' WEST 10 FEET TO A POINT ON THE NORTHERN
BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA,
RECORDED MARCH 3, 1950, BOOK 6038, PAGE 519, SERIES NO. AE-18614, OFFICIAL RECORDS;
THENCE CONTINUING ALONG SAID EASTERN BOUNDARY LINE OF MACHADO PARCEL OF LAND NORTH
0° 31' WEST 67.02 FEET TO THE NORTHERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED
TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 8, 1968, REEL 2122, IMAGE 473, SERIES NO. BA-
13626 OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID EASTERN BOUNDARY LINE OF THE
MACHADO PARCEL OF LAND NORTH 0° 31' WEST 992.98 FEET, MORE OR LESS, TO A POINT DISTANT
THEREON NORTH 0° 31' WEST 1060 FEET, FROM THE NORTHERN LINE OF THE PARCEL OF LAND
DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA (6038 OR 519), THE LAST DETERMINED
POINT BEING THE ACTUAL POINT OF COMMENCEMENT; THENCE CONTINUING ALONG SAID EASTERN
BOUNDARY LINE OF THE MACHADO PARCEL, NORTH 0° 31' WEST 1791.6 FEET, MORE OR LESS, TO
THE NORTHERN LINE OF TOWNSHIP 3 SOUTH, RANGE 1 EAST, M.D.B & M.; THENCE ALONG THE LAST
MENTIONED LINE EAST 760.2 FEET; THENCE SOUTH 0° 31' EAST 2803 FEET, MORE OF LESS, TO THE
NORTHERN LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA
(2122 OR 473); THENCE ALONG THE LAST MENTIONED LINE WESTERLY 381 FEET, MORE OR LESS, TO
THE EASTERN LINE OF THE PARCEL OF LAND RECONVEYED BY PARTIAL RECONVEYANCE EXECUTED BY
TRANSAMERICA TITLE INSURANCE COMPANY, RECORDED NOVEMBER 7, 1973, REEL 3548, IMAGE 256,
SERIES NO. 73-149206, OFFICIAL RECORDS; THENCE ALONG THE LAST MENTIONED LINE NORTH 0°
31' WEST 1005 FEET, MORE OR LESS, TO THE NORTHERN LINE OF THE LAST MENTIONED PARCEL;
THENCE ALONG THE LAST MENTIONED LINE DUE WEST 378.5 FEET TO THE ACTUAL POINT OF
COMMENCEMENT.
APN: 905-0001-004-04
First American Title
93
Attachment 6
IP
DUBLIN
CALIFORNIA
DATE:
TO:
FROM:
SUBJECT:
STAFF REPORT
CITY COUNCIL
March 7, 2023
Honorable Mayor and City Councilmembers
Linda Smith, City Manager
Branaugh Property (PLPA-2021-00014)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
Agenda Item 6.1
The City Council will consider a request from Randy Branaugh of BEX Development for the
Branaugh Property project, which includes an amendment to the existing Planned Development
Zoning Stage 1 Development Plan, approval of a Planned Development Zoning Stage 2
Development Plan, Vesting Tentative Parcel Map No. 9306 and Development Agreement. The
proposed project would establish zoning regulations and development standards for future
development of up to 97 homes and approximately 527,773 square feet of industrial uses. The
proposed project would also subdivide the 40.16-acre site into four parcels to accommodate
proposed residential and industrial development. The City Council will also consider a
determination that the project impacts are covered under the Eastern Dublin Specific Plan
Environmental Impact Reports and no further environmental review is required.
STAFF RECOMMENDATION:
Conduct the public hearing and take the following actions: 1) Waive the reading and INTRODUCE
the Ordinance Amending the Zoning Map and Approving Amendments to Planned Development
Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2
Development Plan for the Branaugh Property; 2) Adopt the Resolution Approving Vesting
Tentative Parcel Map No. 9306 for the Branaugh Property; and 3) Waive the reading and
INTRODUCE the Ordinance Approving a Development Agreement Between the City of Dublin and
BEX Development Related to the Branaugh Property Project.
FINANCIAL IMPACT:
All costs associated with the processing of the application are paid by the applicant.
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DESCRIPTION:
Background
The Branaugh property is located north of Interstate 580, adjacent to the eastern city boundary,
and south of the Croak property (East Ranch Project) within the Fallon Village project area (refer
to Figure 1). Please refer to Table 1 for surrounding uses. The project site is primarily
undeveloped grass lands with existing structures located in the southern portion of the property,
including several houses, a barn, and sheds. A landscaping business occupies the area closest to I-
580 and the property also has a house located in the northwestern portion of the property. Access
to the site is currently provided from Collier Canyon Road. Once developed, access to the site will
be provided by the future Dublin Boulevard extension and the future extension of Central
Parkway.
Figure 1. Location Ma
Table 1. Surrounding Land Uses
Location Zoning
General Plan Land Use Current Use of
Property
North PD (Planned Development) Single Family Vacant
Residential (future East Ranch
Residential Project)
South N/A N/A Collier Canyon Road /
I-580
East Alameda County Alameda County Vacant
A Agriculture RM Resource
Management
West PD (Planned Development) Medium Density Vacant
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195
Residential &
Industrial Park
The 1,134± acre Fallon Village project, which included a General Plan Amendment, Eastern Dublin
Specific Plan Amendment (Resolution No. 223-05), and Planned Development Rezone with a Stage
1 Development Plan (Ordinance No. 32-05), was approved by the City Council in December
2005. As part of the City Council approval, 9.87 acres were designated Medium -Density
Residential, and 30.29 acres were designated Industrial Park land uses on the Branaugh property.
The Stage 1 Development Plan established the permitted, conditional, and temporary land uses
allowed on the Branaugh property. An overview of the types of uses for each land use designation
is provided in Table 2 below. This is not an exhaustive list but provides context as to the types of
uses envisioned for this area of Fallon Village. No changes to the existing allowable uses are
included as part of the proposed project.
Table 2. Overview of Allowed Uses
Land Use Designation
Permitted Land Uses
Conditionally Permitted
Land Uses
Medium Density
Residential
Industrial Park
Accessory Dwelling Unit
Accessory Structures/Uses
Home Occupation
Multi -Family Dwelling
Single Family Dwelling
Small/Large Day Care Home
Automobile/vehicle rental
Building Material sales and storage
Contractor
Home appliance report
Light manufacturing
Research and Development
Warehousing distribution
Bed and Breakfast Inn
Boarding House
Community Care Facility
Day Care Center
Semi -Public Facilities
Automobile/vehicle sales and service
Animal sales and service
Gas stations
Mini -storage
Outdoor storage
Recreation (indoor and outdoor)
Recycling facility
Veterinary office
Proposed Proiect
The Applicant has requested approval of an amendment to the existing Planned Development
Zoning Stage 1 Development Plan, Planned Development Zoning Stage 2 Development Plan,
Vesting Tentative Parcel Map No. 9306, and a Development Agreement. The project would
establish development standards and subdivide the 40.16-acre site into four parcels to
accommodate proposed residential and industrial development. The project approvals would
include up to 97 units within 9.87 acres designated Medium -Density Residential and
approximately 527,773 square feet of industrial use on 30.29 acres designated Industrial Park.
Additional discretionary approvals are required to implement the project; however, they are not
requested at this time. Those include approval of 1) Site Development Review Permits by the
Planning Commission for the architectural and site plan details; 2) a Tentative Tract Map for the
individual residential parcels; and 3) a Master Sign Program/Site Development Review Permit by
the Community Development Director for the industrial signage. The timing of those permits will
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likely correspond with the construction of the Dublin Boulevard extension.
Analysis
Planned Development Zoning
The site has existing Planned Development Zoning (Ordinance No. 32-05). The Stage 1
Development Plan established the specific residential and industrial uses that are permitted by
right, conditionally permitted, and prohibited, as well as the overall development density and
intensity on this site. The Stage 1 Development Plan also provides development standards for
industrial sites which may be modified through a Stage 2 Development Plan for projects that are
greater than 15 acres.
The application includes a Planned Development Zoning Stage 2 Development Plan and
amendments to the Stage 1 Development Plan. The Stage 2 Development Plan builds off the
existing Stage 1 Development Plan (which allows modifications to development regulations to
items such as density, setbacks, height, and parking) and includes architectural and landscape
standards, a phasing plan, inclusionary housing requirements, and a conceptual site plan for the
residential and industrial areas. The proposed Stage 2 Site Plan is provided in Figure 2 below.
7igure 2. Planned Development Stage 2 Site Plan
An amendment to the Stage 1 Development Plan is necessary for consistency with the proposed
Stage 2 Development Plan. The sole amendment to the Stage 1 Development Plan is to increase in
the floor area ratio (FAR) from 0.35 to 0.40 for warehousing uses in the industrial area. No other
changes to the Stage 1 Development Plan are proposed.
Increase in Floor Area Ratio
The proposed Planned Development Rezone includes increasing the FAR from 0.35 to 0.40 in the
industrial area for warehousing uses only. For all other uses the maximum FAR will remain 0.35
FAR. As stated in the General Plan and Eastern Dublin Specific Plan, an increase in FAR beyond
0.35 is allowed on the portions of the site designated Industrial Park at the discretion of City
Council as follows:
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197
General Plan:
Industrial Park
(Maximum FAR: .35, see text below for exceptions; Employee Density: 590 square feet per
employee)
This designation allows a wide variety of minimum -impact, light industrial uses. Uses
allowed within this designation include, but are not limited to, manufacturing, processing,
assembly, fabrication, research and development, printing, warehouse and distribution,
and wholesale and heavy commercial uses provided the activities do not have significant
external effects in the form of noise, dust, glare, or odor. Uses requiring outdoor storage
and service yards are permitted in this designation if they do not have adverse effects on
surrounding uses. Residential uses are not permitted within this designation. Warehousing
uses may go as high as .50 FAR at the discretion of the City Council.
Eastern Dublin Specific Plan:
Industrial Park
(Maximum .35 Floor Area Ratio)
Accommodates a wide variety of minimum -impact, light industrial uses, provided these
activities do not produce offensive levels of noise, dust, glare, or odor. Residential uses are
not permitted within this designation. There are no minimum FAR requirements for the
Industrial Park designation. Higher FARs may be approved at the discretion of the City
Council if proposed uses meet one or more of the following criteria:
• Unique project characteristics which result in reduced impacts relative to other
uses in the same area (e.g., lower traffic generation);
• Unique project building requirements (e.g., warehouse uses that have large land
coverage requirements but low employment densities);
• Extraordinary benefits to the City.
On May 18, 2021, the City Council approved an Economic Development Zone (EDZ) and incentives
package for properties east of Fallon Road along the future Dublin Boulevard extension. The EDZ
encourages investments in the targeted industry sectors prioritized by the City Council, including
"Med-Tech" and "Bio-Tech" companies and startups. The final users of the industrial parcels are
unknown and therefore, the Planned Development Stage 2 Development Plan provides flexibility
to support uses targeted by the EDZ incentives package. According to the Applicant, a FAR of 0.40
for warehousing uses is needed to obtain the building square footage to meet user needs.
An overview of the Stage 2 Development Plan is provided below. The draft Ordinance providing
details of the amendments to the Stage 1 Development Plan and the proposed Stage 2
Development Plan is included as Attachment 1.
Development Standards
The Stage 1 Development Plan includes development standards for the Industrial Park and
Residential area and allows them to be modified through a Stage 2 Development Plan.
Development standards are proposed for the residential neighborhood supporting single-family
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198
and multi -family homes of various sizes and styles. Building off the existing Stage 1 Development
Plan, the single-family homes would be a mix of one- and two-story buildings with a maximum
height of 35 feet. The attached multi -family homes would be a maximum of three stories and 40
feet in height. A minimum of two covered parking spaces and one guest parking space are
required for every unit in the project area.
For the industrial area, the development standards would allow a maximum height of three stories
and 35 feet. It also provides the required setbacks for both the building and parking areas from
Dublin Boulevard adjacent properties. The parking requirement defers to the Dublin Municipal
Code. A complete list of all development standards is included in the proposed Planned
Development Ordinance (Attachment 1).
Increase in Floor Area Ratio
As outlined above, the proposed Planned Development Zoning includes increasing the FAR from
0.35 to 0.40 in the industrial area for warehousing uses only. For all other uses the maximum FAR
will remain 0.35 FAR.
Architectural and Landscape Guidelines
The architectural and landscape guidelines provided in the Stage 2 Development Plan provide the
framework for the future Site Development Review Permits. The architectural and landscape
guidelines are based on the Design Guidelines and Master Neighborhood Landscaping Plan in the
Stage 1 Development Plan and aim to promote well -designed and attractive development.
The architectural guidelines are organized into two sections: Residential Design Guidelines and
Industrial Design Guidelines. The guidelines for the residential area focus on four proposed
architectural styles: Mediterranean, Cottage, American Heritage, and Traditional architecture. The
residential guidelines seek to develop an interesting mix of plans and elevation styles and to
ensure balanced and varied streetscapes. To achieve this, requirements for varied elevations,
colors, and massing are included as well as criteria for building form and articulation, roof,
window, and door details, garage design and placement, and building materials and finishes.
The industrial guidelines focus on creating a unique sense of place that is complementary to its
industrial and residential surroundings. The industrial guidelines focus on contemporary and
modern styles and include criteria for site design, parking and circulation, storage and loading
areas, building form, scale, and finish materials. The architectural guidelines are included as
Attachment 2.
The proposed landscape guidelines are intended to complement and enhance the architecture
throughout the development. The emphasis for the Branaugh property is to create a well -designed
development through the choices and arrangement of materials, colors, and textures. The overall
landscape theme provides vibrant, flowering plant material that complements the architecture
and provides seasonal color while encouraging pedestrian access and connectivity to adjacent
uses and activities. The landscape guidelines are included as Attachment 3.
Inclusionary Zoning
Pursuant to the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal
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Code), developments of more than 20 residential units are required to set aside 12.5% of the units
in the project as affordable units. The proposed project includes up to 97 units which generates an
affordable requirement of up to 12 units. The Inclusionary Zoning Regulations further allow the
payment of fees in -lieu of constructing 40% of the inclusionary units and provides additional
alternative methods of compliance with these requirements.
The applicant's proposal to comply with the City's Inclusionary Zoning Regulations is outlined in
the Planned Development Ordinance and added as a condition of approval for the tentative map.
The inclusionary housing requirement will be satisfied as follows:
• In -Lieu Fee: 40% of the total number of inclusionary units within the development shall
be satisfied via payment of an "In -Lieu Fee" as provided by the City's Impact Fee Schedule.
• On -site Affordable Units: 60% of the total number of inclusionary units within the
development shall be developed on site.
• On -site Affordable Units shall be dispersed throughout the neighborhood and constructed
concurrently with the market rate units.
• Execution of an agreement imposing appropriate resale controls and/or rental
restrictions on the affordable units shall be required in accordance with DMC Chapter
8.68.
The Development Agreement also includes the option to pursue an alternative method of
compliance as provided by the Dublin Municipal Code.
Vesting Tentative Parcel Map
The application includes a request for Vesting Tentative Parcel Map (VTPM) No. 9306 to create
the individual development parcels. The proposed Vesting Tentative Parcel Map would subdivide
the 40.16-acre Branaugh property into four parcels as follows:
Table 3. Summary of Parcel
Map
Parcel
Parcel Size
(acres)
Existing Land Use
Proposed Use
1
2
3
9.87 Medium Density Residential
2.04
17.87
4 8.51
Industrial Park
Industrial Park
Industrial Park
Residential
Water Quality Facility for
Residential
Industrial
Industrial
In addition, 1.87-acres of the property has been set aside for the future extension of Dublin
Boulevard located between Parcels 3 and 4. The future Dublin Boulevard extension dedication
includes a 130-foot right-of-way plus a 10-foot Public Service Easement on both the north and
south side of the road. The VTPM is included as Attachment 5.
Development Agreement
The Applicant has requested approval of a Development Agreement for the project. The
Development Agreement would provide security to the Applicant that the City will not change its
zoning and other laws applicable to the project for a stated period of time. Additionally, it is a
Page 7 of 11
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mechanism for the City to obtain commitments from the Applicant that the City might not
otherwise be able to obtain. The details of the Development Agreement can be found in
Attachment 8. The main points are highlighted below.
Project Grading
To accommodate the grading necessary on the property for future development, the Development
Agreement allows the property owner to grade the entirety of parcel prior to the construction of
the Dublin Boulevard extension. If grading has not commenced, a slope easement adjacent to the
Dublin Boulevard frontage shall be dedicated.
Affordable Housing
The Development Agreement acknowledges the property owner's intention to request an
"alternative method of compliance" for required affordable units as outlined in the Inclusionary
Zoning Regulations section above. The Development Agreement does not commit to a specific
alternative method, which would need to be approved by the City Council, if requested.
Right -of -Way Dedications
As part of the project, the property owner is required to dedicate land to support the Dublin
Boulevard extension and the Collier Canyon Road realignment as part of the Valley Link project.
The Development Agreement requires the dedication of Dublin Boulevard to occur no later than
three years from the approval date of the VTPM and the dedication of Collier Canyon Road on the
first final map.
Community Facilities District for Mitigation Impacts of Dublin Boulevard Extension
The Dublin Boulevard extension project results in direct and indirect impacts on the environment
which need to be mitigated prior to construction of the road. The Development Agreement
includes working with the property owner on the funding and financing for the impacts related to
the Dublin Boulevard extension and to the project. More specifically, it includes the formation of a
Community Facilities District (CFD) to fund the acquisition of facilities required to mitigate for
indirect impacts in association with construction of the Dublin Boulevard extension. A CFD is a
special tax district which would allow the property owner to impose a special tax to fund services,
public improvements, or infrastructure. The CFD must be formed prior to the filing of the first
parcel or final map unless an alternative to mitigate the impacts is approved by the City Engineer.
Community Facilities District for Service and Maintenance of Public Improvements
The Development Agreement includes provisions that require the developer to cooperate with the
formation of a CFD for the purpose of financing the services and maintenance of public
facilities/improvements constructed by the Developer. Public facilities/improvements include all
public streets (including storm drain systems, streetlights, and other street appurtenances) within
Parcels 1 and 2 (future residential tract), as shown on the Vesting Tentative Parcel Map 9306.
Eastern Dublin Transportation Impact Fee Credits
The Development Agreement restricts the Developer from using or applying any Eastern Dublin
Transportation Impact Fee (EDTIF) Credits that they have purchased or transferred from any
other credit -holder to satisfy their EDTIF obligations.
Page 8 of 11
101
Floor Area Ratio Flexibility up to .50
The proposed project includes an increase to the floor area ratio (FAR) from .35 to .40 for
warehousing uses only. The property owner is interested in seeking a General Plan Amendment in
the future to allow for a further increase to .50 FAR. The Development Agreement does not
commit to the amendment but acknowledges the property owner's intention.
Land Use Amendments
The property owner would like flexibility with the future for hybrid uses, specifically for uses such
as the sale of wine and wine production. To allow these uses, the Applicant would need a General
Plan and Eastern Dublin Specific Plan Amendment to change the land use designation from
Industrial Park to General Commercial/Campus Office, and a corresponding amendment to the
Planned Development Zoning. The Development Agreement does not commit to the amendment
but acknowledges the property owner's intention.
The draft Ordinance approving the Development Agreement is included as Attachment 6 with the
Development Agreement itself as Attachment 7.
Consistency with the General Plan. Specific Plan and Zoning Ordinance
The proposed Planned Development Rezone and Vesting Tentative Parcel Map are consistent with
the City of Dublin General Plan, Eastern Dublin Specific Plan, and the Dublin Zoning Ordinance
because the proposed zoning and land division will allow for the implementation of Medium -
Density Residential and Industrial Park uses within the project area which has been designated for
such uses.
Airport Influence Area (AIA)/Overlay Zoning District
The project site is located within the Airport Influence Area (AIA)/Overlay Zoning District and
Airport Safety Zone 6 as provided in Chapter 8.35 of the Dublin Municipal Code. This area is
designated as an area in which current or future airport -related noise, overflight, safety and/or
airspace protection factors may significantly affect land uses or necessitate restrictions on those
uses. The AIA is a designation by the Alameda County Airport Land Use Commission.
All permitted and conditionally permitted uses set forth in a Planned Development Zoning District
that was adopted and in effect prior to August 2012 are considered to be "Existing Land Uses"
pursuant to the Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority
over Existing Land Uses unless changes to an Existing Land Use results in an increase of
nonconformity with ALUCP policies. The proposed Planned Development Zoning District does not
include any new land uses beyond what was allowed in the existing Planned Development Zoning
District, including a variety of residential and industrial uses. The Planned Development Zoning
District includes increasing the FAR for warehousing uses from 0.35 to 0.40. The Livermore
Municipal Airport ALUCP allows warehousing in Safety Zone 6 with no limit to intensity
(people/acre), therefore the increase in FAR is consistent with the ALUCP.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for
Page 9of11
102
environmental impacts and that environmental documents be prepared. Prior CEQA analysis for
the Fallon East project area includes: 1) the East Dublin General Plan and Specific Plan EIR (1993);
2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR
(2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three
environmental review documents are referred to as the "EDSP EIRs." Pursuant to CEQA Guidelines
and using the City's Initial Study Checklist, the City assessed whether any further environmental
review is required for the proposed project and determined an Addendum to the EDSP EIRs is the
appropriate CEQA review. The Addendum is included as Attachment 9.
PLANNING COMMISSION REVIEW:
On February 14, 2023, the Planning Commission held a public hearing to consider the proposed
project and make a recommendation to the City Council. As part of the public hearing, one
member of the public provided comments. Following the public hearing, the Planning Commission
adopted Resolution No. 23-01 (Attachment 9) unanimously recommending approval of the
project.
STRATEGIC PLAN INITIATIVE:
Strategy 5: Large Land Tract Development and Open Space.
Objective B: Work with the area property owners in conjunction with the Dublin Blvd. extension
project on issues such as road and project mitigation, entitlements, as well as supporting
infrastructure.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Two City -led Community Meetings were held on September 7 and 8, 2022, to provide Dublin
residents with information about the proposed Branaugh Property project. Four community
members attended the meeting on September 7 and five community members attended the
meeting on September 8. Staff provided a presentation that included an overview of the City's
development review process and the proposed project. Questions were asked about the Dublin
Boulevard extension project, airport noise impacts on the residential development, water supply
for future development, timing of project development, affordable housing, and the impacts to
schools.
In accordance with State law, a Public Notice was mailed to all property owners and occupants
within 300 feet of the subject property. A Public Notice was also published in the East Bay Times
and posted at several locations throughout the City. To date, the City has not received any
comments regarding the project. A copy of this Staff Report was posted on the City's website and
provided to the Applicant.
Page 10 of 11
103
ATTACHMENTS:
1) Ordinance Amending the Zoning Map and Approving Amendments to Planned Development
Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2
Development Plan for the Branaugh Property
2) Exhibit A to the Ordinance - Architectural Guidelines
3) Exhibit B to the Ordinance - Landscape Guidelines
4) Resolution Approving Vesting Tentative Parcel Map No. 9306 for the Branaugh Property
5) Exhibit A to the Resolution - Vesting Tentative Map
6) Ordinance Approving a Development Agreement Between the City of Dublin and BEX
Development Related to the Branaugh Property Project
7) Exhibit A to the Ordinance - Development Agreement
8) CEQA Analysis in Support of Addendum
9) Planning Commission Resolution No. 23-01 without Exhibits
Page 11 of 11
104
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: March 21, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.4
SU B.ECT : Approving the California Office of Emergency Services (CalOES) Form 130 to
Designate Officers for the City's Application for State and Federal Emergency
Reimbursements
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider approving the CalOES Form 130 designating the City Manager,
Assistant City Manager, and Director of Administrative Services as agents necessary to provide for
all matters pertaining to State and Federal Emergency Management Agency (FEMA)
reimbursements. The resolution will remain in effect for all open and future disasters up to three
years following the date of approval.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the California Office of Emergency Services (CalOES) Form 130,
Designation of Applicant's Agent Resolution for Non -State Agencies.
FINANCIAL IMPACT:
There is no immediate financial impact associated with approving the Resolution. However,
approval of the CalOES Form 130 is required for the City to obtain certain disaster cost
reimbursements from the State and FEMA relating to the 2023 Winter Storms (FEMA-4683-DR-
CA) as well as any future disasters over the next three years.
DESCRIPTION:
In order for the City to be eligible to obtain certain disaster cost reimbursements from the State
and FEMA, the City Council must approve a CalOES Form 130—Designation of Applicant's Agency
Resolution for Non -State Agencies (Form 130). This action designates the positions the City
Council authorizes to apply for public assistance and recovery funding on behalf of the City, for a
three-year period. The City Council previously approved a Form 130 on April 21, 2020, which will
expire on April 21, 2023. The proposed action continues to designate the City Manager, Assistant
Page 1 of 2
105
City Manager, and Director of Administrative Services as agents who can apply for possible
reimbursement.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the California Office of Emergency Services (Ca1OES) Form 130,
Designation of Applicant's Agent Resolution for Non -State Agencies
2) Exhibit A to the Resolution - Ca1OES Form 130
Page 2 of 2
106
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES)
FORM 130, DESIGNATION OF APPLICANT'S AGENT
RESOLUTION FOR NON -STATE AGENCIES
WHEREAS, for the City to be eligible to obtain certain disaster cost reimbursements from
the State and FEMA, the City Council must approve a CalOES Form 130—Designation of
Applicant's Agency Resolution for Non -State Agencies (Form 130); and
WHEREAS, the Form 130 designates the positions the City Council authorizes to apply for
public assistance and recovery funding on behalf of the City, for a three-year period; and
WHEREAS, the Current Form 130 was approved by the City Council on April 21, 2020 and
will expire this year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the CalOES Form 130—Designation of Applicant's Agent Resolution for Non -
State Agencies, attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 21 st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 107
OES
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON -STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Attachment 2 - Exhibit A to the Resolution
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No:
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBLIN
THAT
(Governing Body)
CITY MANAGER
(Title of Authorized Agent)
ASSISTANT CITY MANAGER , OR
(Title of Authorized Agent)
DIRECTOR OF ADMINISTRATIVE SERVICES
(Title of Authorized Agent)
(Name of Applicant)
, OR
is hereby authorized to execute for and on behalf of the CITY OF DUBLIN
(Name of Applicant)
a public entity established under the laws of the State of California, this application
and to file it with the California Governor's Office of Emergency Services for the
purpose of obtaining federal financial assistance for any existing or future grant
program, including, but not limited to any of the following:
Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG),
California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard
Mitigation Grant Program (HMGP), Building Resilient Infrastructure and
Communities (BRIC), Legislative Pre -Disaster Mitigation Program (LPDM), under
Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, and/or state financial assistance under the
California Disaster Assistance Act.
Flood Mitigation Assistance Program (FMA), under Section 1366 of the National
Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b)
((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards
Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F,
Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141
California Early Earthquake Warning (CEEW) under CA Gov Code - Gov, Title 2,
Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.1 1, 8587.12
That the CITY OF DUBLIN , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the
Governor's Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.
Rev. 10-2022 Page 1 of 4
108
OES-FPD-1 "
orma STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
11-' NON -STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Please check the appropriate box below
❑✓ This is a universal resolution and is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.
❑ This is a disaster/grant specific resolution and is effective for only
disaster/grant number(s):
Passed and approved this 21 day of MARCH
,2023
MELISSA HERNANDEZ, MAYOR
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
1 MARSHA MOORE duly appointed and CITY CLERK
(Name)
CITY OF DUBLIN
(Name of Applicant)
correct copy of a resolution passed and approved by the CITY COUNCIL
of the CITY OF DUBLIN on the 21 day of MARCH , 2023
(Name of Applicant)
(Title)
, do hereby certify that the above is a true and
CITY CLERK
(Signature) (Title)
(Governing Body)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
of
Rev. 10-2022 Page 2 of 4
OES FPD 1 109
orma STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
11-' NON -STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Cal OES Form 130 Instructions
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
A Designation of Applicant's Agent Resolution for Non -State Agencies is required of all
Applicants to be eligible to receive funding. A new resolution must be submitted if a
previously submitted resolution is older than three (3) years from the last date of
approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1
and 2. The blanks are to be filled in as follows:
Resolution Section,
Governing Body: This is the group responsible for appointing and approving the
Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of
Education, etc.
Name of Applicant: The public entity established under the laws of the
State of California.
Examples include: School District, Office of Education, City, County or Non-profit
agency that has applied for the grant, such as: City of San Diego, Sacramento
County, Burbank Unified School District, Napa County Office of Education,
University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California
Governor's Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their
names. This allows the document to remain valid if an Authorized Agent leaves
the position and is replaced by another individual. If "Titles Only" is the chosen
method, this document must be accompanied by either a cover letter naming
the Authorized Agents by name and title, or the Cal OES AA Names
document. The supporting document can be completed by any authorized
person within the Agency (e.g., administrative assistant, the Authorized Agent,
secretary to the Director). It does not require the Governing Body's signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the
Authorized Agents would be listed. A new Cal OES Form 130 will be required if
any of the Authorized Agents are replaced, leave the position listed on the
document, or their title changes.
Rev. 10-2022
Page 3 of 4
OES-FPD-130 110
orma STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
11-' NON -STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Checking Universal or Disaster -Specific Box: A Universal resolution is effective for all
past disasters and for those declared up to three (3) years following the date of
approval. Upon expiration it is no longer effective for new disasters, but it remains
in effect for disasters declared prior to expiration. It remains effective until the
disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving
Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The
names and titles cannot be one of the designated Authorized Agents. A
minimum of three (3) approving board members must be listed. If less than three
are present, meeting minutes must be attached in order to verify a quorum was
met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and
approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk,
etc. This person cannot be one of the designated Authorized Agents or
Approving Board Member. If a person holds two positions (such as City Manager
and Secretary to the Board) and the City Manager is to be listed as an
Authorized Agent, then that person could sign the document as Secretary to
the Board (not City Manager) to eliminate "Self -Certification."
Rev. 10-2022
Page 4 of 4
111
OES-FPD-130