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HomeMy WebLinkAboutPC Reso 23-07 PLPA-2023-00001 DDSP AmendmentReso. No. 23-07, Item 6.1, Adopted 09/12/2023 Page 1 of 3 RESOLUTION NO. 23-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND THE GENERAL PLAN AND DOWNTOWN DUBLIN SPECIFIC PLAN TO INCREASE THE RESIDENTIAL DEVELOPMENT POTENTIAL BY 465 UNITS, DECREASE THE NON-RESIDENTIAL SQUARE FOOTAGE PERMITTED BY 300,000 SQUARE FEET, INCREASE THE HEIGHT AND FLOOR AREA AREA OF THE RETAIL DISTRICT AND AMEND THE DESIGN STANDARDS AND ALLOWABLE USES PLPA-2023-00001 WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City and is approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north; and WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11 approving the DDSP and associated implementation actions. At the same time, the City Council adopted Resolution No. 08-11 certifying the Downtown Dublin Specific Plan Environmental Impact Report (DDSP) (EIR) (SCH# 2010022005, incorporated herein by reference). The DDSP EIR evaluated the potential impacts associated with intensifying development in the 284- acre Downtown Dublin area to accommodate additional residential and non-residential uses; and WHEREAS, Subsequent to adoption, the DDSP has been amended five times, including the 2020 DDSP Amendments focused on the initial implementation of the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019, which included three primary components: 1) Siting of a Town Square; 2) New Street Grid Network; and 3) Downtown Character; and WHEREAS, the proposed amendments to the General Plan and DDSP further implement the Downtown Dublin Preferred Vision by increasing the residential development potential by 465 units and decreasing the non-residential square footage by 300,000 square feet, increasing and amendments to the design standards and allowable uses, 23 WHEREAS, consistent with Section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed Specific Plan Amendment; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162(a) require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative Reso. No. 23-07, Item 6.1, Adopted 09/12/2023 Page 2 of 3 declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adoption measures or alternative; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis, as further detailed the Staff Report, dated September 12, 2023, and incorporated herein by reference, concluded that none of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review are met; the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in DDSP EIR and subsequent Addendums; no other CEQA standards for supplemental review are met and no further environmental review is required; and WHEREAS, a Staff Report, dated September 12, 2023, and incorporated herein by reference, described and analyzed the 2023 DDSP Amendment, for the Planning Commission; and Reso. No. 23-07, Item 6.1, Adopted 09/12/2023 Page 3 of 3 WHEREAS, the Planning Commission held a properly noticed public hearing on the 2023 DDSP Amendment on September 12, 2023, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered all above-referenced reports, recommendations, and testimony to evaluate the 2023 DDSP Amendment. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve the amendments to the General Plan and Downtown Dublin Specific Plan, as described in Exhibit A, based on findings, as set forth in Exhibit A, that the amendments are in the public interest, promotes general health, safety and welfare, and that the General Plan and Downtown Specific Plan, as so amended, will remain internally consistent. PASSED, APPROVED AND ADOPTED this 12th day of September 2023 by the following vote: AYES: Aini, Grier, Ochoa, Thalblum, Wahida NOES: ABSENT: ABSTAIN: ________________________________ Planning Commission Chairperson ATTEST: _____________________________ Community Development Director 5480452.2 Attachment 2 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9 RESOLUTION NO. xx - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE GENERAL PLAN AND DOWNTOWN DUBLIN SPECIFIC PLAN TO INCREASE THE RESIDENTIAL DEVELOPMENT POTENTIAL BY 465 UNITS, DECREASE THE NON-RESIDENTIAL SQUARE FOOTAGE PERMITTED BY 300,000 SQUARE FEET, INCREASE THE HEIGHT AND FLOOR AREA RATIO IN “THE CORE” AREA OF THE RETAIL DISTRICT AND AMEND THE DESIGN STANDARDS AND ALLOWABLE USES PLPA-2023-00001 WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City and is approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north; and WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11 approving the DDSP and associated implementation actions. At the same time, the City Council adopted Resolution No. 08-11 certifying the Downtown Dublin Specific Plan Environmental Impact Report (DDSP) (EIR) (SCH# 2010022005, incorporated herein by reference). The DDSP EIR evaluated the potential impacts associated with intensifying development in the 284-acre Downtown Dublin area to accommodate additional residential and non-residential uses; and WHEREAS, Subsequent to adoption, the DDSP has been amended five times, including the 2020 DDSP Amendments focused on the initial implementation of the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019, which included three primary components: 1) Siting of a Town Square; 2) New Street Grid Network; and 3) Downtown Character; and WHEREAS, the proposed amendments to the General Plan and DDSP further implement the Downtown Dublin Preferred Vision by increasing the residential development potential by 465 units and decreasing the non-residential square footage by 300,000 square feet, increasing the height and floor area ratio (FAR) in “The Core” area of the Retail District and amendments to the design standards and allowable uses, hereafter referred to as the “2023 DDSP Amendment” or the “Project;” and WHEREAS, consistent with Section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under Section 65352.3; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162(a) require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative Page 2 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adoption measures or alternative; and; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis, as further detailed the Staff Report, dated _______, and incorporated herein by reference, concluded that none of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review are met; the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in DDSP EIR and subsequent Addendums; no other CEQA standards for supplemental review are met and no further environmental review is required; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the proposed General Plan and Downtown Dublin Specific Plan Amendments, on September 12, 2023, at which time all interested parties had the opportunity to be heard; and Page 3 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 WHEREAS, on September 12, 2023, the Planning Commission adopted Resolution No. 23-xx recommending that the City Council approve the 2023 DDSP Amendment, which Resolution is incorporated herein by reference; and WHEREAS, a Staff Report, dated __________, and incorporated herein by reference, described and analyzed the 2023 DDSP Amendment for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the 2023 DDSP Amendment on _________, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council considered the DDSP EIR and CEQA Addendum, all above- referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council finds that the General Plan amendments, as set forth below, are in the public interest and that the General Plan as amended will remain internally consistent. BE IT FURTHER RESOLVED that the City Council finds that the Downtown Dublin Specific Plan amendments, as set forth below, are in the public interest will promote general health, safety and welfare, and that the Downtown Dublin Specific Plan as amended will remain internally consistent. BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the General Plan: Page 1-9, Section 1.8.1.5 Primary Planning Area revise the Downtown Dublin-Retail District land use classification to increase the FAR to a maximum of 2.5 and the Downtown Dublin -Transit Oriented District land use classification to a maximum FAR of 2.5 to be consistent with Table 2.1 as follows: B. DOWNTOWN DUBLIN SPECIFIC PLAN AREA Downtown Dublin – Village Parkway District (Maximum FAR: .35; employee density: 200- 450 square feet per employee) This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. Downtown Dublin – Retail District (Maximum FAR: 2.0 - 2.5; employee density: 200-450 square feet per employee) This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. Maximum FAR is 2.5 in “The Core.” In “The Core”, the FAR may be spread through all developable parcels (this does not include the Town Square). Outside “The Core”, the maximum FAR is 2.0. Page 4 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Downtown Dublin – Transit-Oriented District (Maximum FAR: 2.5; employee density: 200- 450 square feet per employee) This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. Table 2.1 shall be revised as follows: (Only the section of the table related to the DDSP area is shown here. All other sections of Table 2.1 remain the same): Table 2.1 Land Use Development Potential: Primary Planning Area Downtown Dublin Specific Plan Area Acres Dwelling Units/acre Dwelling Units Persons/Dwelling Unit Population Downtown Dublin 230.2 6.1-25.1+ 2,500 2.7 6,750 Downtown Dublin Specific Plan Area Acres Maximum Floor Area Ratio (Gross) Maximum Potential Square Feet4 Square Feet/employee Jobs Village Parkway District 32.9 .35 .50 200-450 1,115-2,508 Retail District 113.1 2.5 9.94,5 200-450 6,139-13,814 Transit- Oriented District 84.2 2.5 9.24 200-450 8,492-19,108 Total: 230.2 19.6 15,746-35,430 4 This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. 5 Maximum FAR is 2.5 in “The Core”. In “The Core”, the FAR may be spread through all developable parcels (this does not include the Town Square). Outside “The Core”, the maximum FAR is .60. BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the Downtown Dublin Specific Plan: Page 43, Table 3-1: Land Uses, shall be amended to add “Research and Development” as an allowed use in the Retail District and Transit-Oriented District and Prohibited in the Village Parkway Districts as follows: Table 3-1: Land Uses BUILDING USES1 RETAIL DISTRICT TRANSIT- ORIENTED DISTRICT VILLAGE PARKWAY DISTRICT Research and Development Allowed7 Allowed7 Prohibited 7 Manufacturing uses are limited to less than 10% of the building area. A CUP is required for manufacturing uses greater than 10% up to maximum of 20% of the building area. Page 45, add new Section 3.4.16 Research and Development to read as follows: Page 5 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 3.4.16 Research and Development Any establishment which primary use is for research and development purposes including, but not limited to, science and engineering laboratories (research, development, and testing), quality assurance work (dimensional analysis), and software development and engineering. Limited manufacturing uses are allowed as part of the primary use. Such uses may not generate nuisances related to emissions, noise, odors, and may not include outdoor storage and operations. Page 47, Table 3-3 shall be amended to read as follows: Table 3-3: Base and Maximum FAR Per District DISTRICT BASE FAR MAXIMUM FAR Retail 0.35 2.0 The Core 0.50 2.5 Transit- Oriented 0.50 2.5 Village Parkway 0.35 0.35 Page 47, Fifth Paragraph shall be amended to read as follows: This Specific Plan allows for a future construction of approximately 2.2 million square feet of non- residential development and 3,381 residential dwelling units (416 of these units are exempt from the Community Benefit Program as further described in Section 6.4 Development Pool and Community Benefit Program). Page 48, Table 3-4 shall be amended to read as follows: Table 3-4: Net New Development DISTRICT NON- RESIDENTIAL (SF) RESIDENTIAL (DU) MINIMUM RESIDENTIAL DENSITY Retail 1,866,810 (+150 hotel rooms) 3,381 22 units/net acre Transit- Oriented 30 units/net acres Village Parkway 20,730 No minimum Total 1,962,540 (includes 150 hotel rooms) Notes. Includes projects that have been approved, but not yet constructed Page 6 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 53 Section 4.1 Retail District Development Standards, 4 Street Setback from Dublin Boulevard and San Ramon Road shall be amended to read as follows: LOT SIZE AND BUILDING PLACEMENT 4 Street Setback from Dublin Boulevard and San Ramon Road 10 ft. min at ground level. The street setback may be improved as an extension of the public sidewalk if accessible to the public through an established easement. Along Dublin Boulevard, upper floors above 20 ft. may reduce setback to 5 ft. Page 57 Section 4.1 Retail District Development Standards, 1 Floor Area Ratio (FAR), 2 Res and 3 Building Height shall be amended to read as follows: BUILDING DESIGN 1 Floor Area Ratio (FAR) 0.35 base outside “The Core” and 0.50 in “The Core.” 2.0 max outside “The Core” and 2.5 max in “The Core.” In The Core, the FAR may be spread through all developable parcels (this does not include the Town Square) (required participation in the development density pool, an agreement with the City, and provision of a community benefit in compliance with the Community Benefit Program).1 Page 7 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 2 Residential Units Not permitted west of San Ramon Road. Allowed at a minimum density of 22 units per net acre. Permitted within a mixed-use development if designed based on the following standards: • The development includes ground floor retail or office space that equals an FAR of 0.3 min • Retail or office space is built along at least 80% of the property’s total street frontage and set back no more than 10 ft. from the building setback requirement • Common open space for the residential units are provided at a rate of 15% of the site’s total area • The above standards may be modified through an SDR as part of a mixed-use development in the Town Core area. Projects that include residential development within 1,000 ft. of either Interstate 580 or 680 (or less per Bay Area Air Quality Management District’s current guidelines) shall incorporate the following standards to minimize potentially adverse air quality affects: • Configure the proposed buildings so that the bulk of the building is located farther from the highway. • Place heating ventilation and air conditioning (HVAC) system intakes as far away from highway as feasible. • Include high efficiency filters in the HVAC system (rated with a minimum efficiency rating value [MERV] of at least 13). This would also include a commitment to regular maintenance and replacement of filters as needed. • Provide positive pressure with the HVAC system in all occupied spaces to prevent the incursion of outside air that bypasses the HVAC filters. • To reduce the amount of outside unfiltered air indoors, do not place operable windows in close proximity to the highway. In addition, signs should be posted to keep exterior doors closed when not in use. 3 Building Height 8 floors and no more than 75 feet to the finished floor of the highest story. Maximum building height it 90 ft. (tower elements, architectural and articulated design features, solar panels, and small-scale wind turbines may extend 10 ft. max beyond this height). The height may be increased through an SDR in the Town Core area. Minimum building height in “The Core” is 40 feet, except for structures within the Town Square. Page 8 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 58 Section 4.1 Retail District Development Standards, 2 Stoops, 3 Bay Windows and 6 Storefront Awnings shall be amended to read as follows: PROJECTIONS AND ENCROACHMENTS INTO SETBACKS 2 Stoops Permitted for residential use only. 5 ft. min usable walkway must be maintained on private streets and 10 ft. on public streets. 3 Bay Windows 2 ft. max into all setbacks. 4 ft. max along Dublin Boulevard. 12 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces. 6 Storefront Awnings 6 ft. max into all setbacks. 8 ft. max along Dublin Boulevard and Golden Gate Drive. 8 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces. Page 86 Office/Lodging Fronts, first bullet point shall be amended to read as follows:  At least 20% of the facade’s surface area should consist of windows (including glass on doors). Windows shall be provided on all floors of the building. Exceptions to window area may be approved for parking structures. See Section 4.4.14 for design guidelines for Parking Structures. Page 103 Section 4.4.14 Parking Areas, fourth bullet point shall be amended to be consistent with graphic on page 104 as follows:  The length of parking spaces may be reduced by up to 2.5 feet if the vehicle will overhang a landscape planter which has been designed to accommodate the vehicle overhang plus additional space for planting. The planter shall be protected by a curb or wheel stop and should include low lying plants where the vehicle will overhang the planter. Page 9 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Table 6-1 shall be revised as follows: Table 6-1: Development Pool DISTRICT NON- RESIDENTIAL SQUARE FOOTAGE NUMBER OF RESIDENTIAL DWELLINGS Retail 1,020,220 (+150 hotel rooms) 2,965 Transit- Oriented Village Parkway 0 PASSED, APPROVED, AND ADOPTED this ____day of _____, 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk 5480454.2 Attachment 2 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9 RESOLUTION NO. xx - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE GENERAL PLAN AND DOWNTOWN DUBLIN SPECIFIC PLAN TO INCREASE THE RESIDENTIAL DEVELOPMENT POTENTIAL BY 465 UNITS, DECREASE THE NON-RESIDENTIAL SQUARE FOOTAGE PERMITTED BY 300,000 SQUARE FEET, INCREASE THE HEIGHT AND FLOOR AREA RATIO IN “THE CORE” AREA OF THE RETAIL DISTRICT AND AMEND THE DESIGN STANDARDS AND ALLOWABLE USES PLPA-2023-00001 WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City and is approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north; and WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11 approving the DDSP and associated implementation actions. At the same time, the City Council adopted Resolution No. 08-11 certifying the Downtown Dublin Specific Plan Environmental Impact Report (DDSP) (EIR) (SCH# 2010022005, incorporated herein by reference). The DDSP EIR evaluated the potential impacts associated with intensifying development in the 284-acre Downtown Dublin area to accommodate additional residential and non-residential uses; and WHEREAS, Subsequent to adoption, the DDSP has been amended five times, including the 2020 DDSP Amendments focused on the initial implementation of the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019, which included three primary components: 1) Siting of a Town Square; 2) New Street Grid Network; and 3) Downtown Character; and WHEREAS, the proposed amendments to the General Plan and DDSP further implement the Downtown Dublin Preferred Vision by increasing the residential development potential by 465 units and decreasing the non-residential square footage by 300,000 square feet, increasing the height and floor area ratio (FAR) in “The Core” area of the Retail District and amendments to the design standards and allowable uses, hereafter referred to as the “2023 DDSP Amendment” or the “Project;” and WHEREAS, consistent with Section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under Section 65352.3; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162(a) require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative Page 2 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adoption measures or alternative; and; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis, as further detailed the Staff Report, dated _______, and incorporated herein by reference, concluded that none of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review are met; the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in DDSP EIR and subsequent Addendums; no other CEQA standards for supplemental review are met and no further environmental review is required; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the proposed General Plan and Downtown Dublin Specific Plan Amendments, on September 12, 2023, at which time all interested parties had the opportunity to be heard; and Page 3 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 WHEREAS, on September 12, 2023, the Planning Commission adopted Resolution No. 23-xx recommending that the City Council approve the 2023 DDSP Amendment, which Resolution is incorporated herein by reference; and WHEREAS, a Staff Report, dated __________, and incorporated herein by reference, described and analyzed the 2023 DDSP Amendment for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the 2023 DDSP Amendment on _________, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council considered the DDSP EIR and CEQA Addendum, all above- referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council finds that the General Plan amendments, as set forth below, are in the public interest and that the General Plan as amended will remain internally consistent. BE IT FURTHER RESOLVED that the City Council finds that the Downtown Dublin Specific Plan amendments, as set forth below, are in the public interest will promote general health, safety and welfare, and that the Downtown Dublin Specific Plan as amended will remain internally consistent. BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the General Plan: Page 1-9, Section 1.8.1.5 Primary Planning Area revise the Downtown Dublin-Retail District land use classification to increase the FAR to a maximum of 2.5 and the Downtown Dublin -Transit Oriented District land use classification to a maximum FAR of 2.5 to be consistent with Table 2.1 as follows: B. DOWNTOWN DUBLIN SPECIFIC PLAN AREA Downtown Dublin – Village Parkway District (Maximum FAR: .35; employee density: 200- 450 square feet per employee) This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. Downtown Dublin – Retail District (Maximum FAR: 2.0 - 2.5; employee density: 200-450 square feet per employee) This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. Maximum FAR is 2.5 in “The Core.” In “The Core”, the FAR may be spread through all developable parcels (this does not include the Town Square). Outside “The Core”, the maximum FAR is 2.0. Page 4 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Downtown Dublin – Transit-Oriented District (Maximum FAR: 2.5; employee density: 200- 450 square feet per employee) This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. Table 2.1 shall be revised as follows: (Only the section of the table related to the DDSP area is shown here. All other sections of Table 2.1 remain the same): Table 2.1 Land Use Development Potential: Primary Planning Area Downtown Dublin Specific Plan Area Acres Dwelling Units/acre Dwelling Units Persons/Dwelling Unit Population Downtown Dublin 230.2 6.1-25.1+ 2,500 2.7 6,750 Downtown Dublin Specific Plan Area Acres Maximum Floor Area Ratio (Gross) Maximum Potential Square Feet4 Square Feet/employee Jobs Village Parkway District 32.9 .35 .50 200-450 1,115-2,508 Retail District 113.1 2.5 9.94,5 200-450 6,139-13,814 Transit- Oriented District 84.2 2.5 9.24 200-450 8,492-19,108 Total: 230.2 19.6 15,746-35,430 4 This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan. 5 Maximum FAR is 2.5 in “The Core”. In “The Core”, the FAR may be spread through all developable parcels (this does not include the Town Square). Outside “The Core”, the maximum FAR is .60. BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the Downtown Dublin Specific Plan: Page 43, Table 3-1: Land Uses, shall be amended to add “Research and Development” as an allowed use in the Retail District and Transit-Oriented District and Prohibited in the Village Parkway Districts as follows: Table 3-1: Land Uses BUILDING USES1 RETAIL DISTRICT TRANSIT- ORIENTED DISTRICT VILLAGE PARKWAY DISTRICT Research and Development Allowed7 Allowed7 Prohibited 7 Manufacturing uses are limited to less than 10% of the building area. A CUP is required for manufacturing uses greater than 10% up to maximum of 20% of the building area. Page 45, add new Section 3.4.16 Research and Development to read as follows: Page 5 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 3.4.16 Research and Development Any establishment which primary use is for research and development purposes including, but not limited to, science and engineering laboratories (research, development, and testing), quality assurance work (dimensional analysis), and software development and engineering. Limited manufacturing uses are allowed as part of the primary use. Such uses may not generate nuisances related to emissions, noise, odors, and may not include outdoor storage and operations. Page 47, Table 3-3 shall be amended to read as follows: Table 3-3: Base and Maximum FAR Per District DISTRICT BASE FAR MAXIMUM FAR Retail 0.35 2.0 The Core 0.50 2.5 Transit- Oriented 0.50 2.5 Village Parkway 0.35 0.35 Page 47, Fifth Paragraph shall be amended to read as follows: This Specific Plan allows for a future construction of approximately 2.2 million square feet of non- residential development and 3,381 residential dwelling units (416 of these units are exempt from the Community Benefit Program as further described in Section 6.4 Development Pool and Community Benefit Program). Page 48, Table 3-4 shall be amended to read as follows: Table 3-4: Net New Development DISTRICT NON- RESIDENTIAL (SF) RESIDENTIAL (DU) MINIMUM RESIDENTIAL DENSITY Retail 1,866,810 (+150 hotel rooms) 3,381 22 units/net acre Transit- Oriented 30 units/net acres Village Parkway 20,730 No minimum Total 1,962,540 (includes 150 hotel rooms) Notes. Includes projects that have been approved, but not yet constructed Page 6 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 53 Section 4.1 Retail District Development Standards, 4 Street Setback from Dublin Boulevard and San Ramon Road shall be amended to read as follows: LOT SIZE AND BUILDING PLACEMENT 4 Street Setback from Dublin Boulevard and San Ramon Road 10 ft. min at ground level. The street setback may be improved as an extension of the public sidewalk if accessible to the public through an established easement. Along Dublin Boulevard, upper floors above 20 ft. may reduce setback to 5 ft. Page 57 Section 4.1 Retail District Development Standards, 1 Floor Area Ratio (FAR), 2 Res and 3 Building Height shall be amended to read as follows: BUILDING DESIGN 1 Floor Area Ratio (FAR) 0.35 base outside “The Core” and 0.50 in “The Core.” 2.0 max outside “The Core” and 2.5 max in “The Core.” In The Core, the FAR may be spread through all developable parcels (this does not include the Town Square) (required participation in the development density pool, an agreement with the City, and provision of a community benefit in compliance with the Community Benefit Program).1 Page 7 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 2 Residential Units Not permitted west of San Ramon Road. Allowed at a minimum density of 22 units per net acre. Permitted within a mixed-use development if designed based on the following standards: • The development includes ground floor retail or office space that equals an FAR of 0.3 min • Retail or office space is built along at least 80% of the property’s total street frontage and set back no more than 10 ft. from the building setback requirement • Common open space for the residential units are provided at a rate of 15% of the site’s total area • The above standards may be modified through an SDR as part of a mixed-use development in the Town Core area. Projects that include residential development within 1,000 ft. of either Interstate 580 or 680 (or less per Bay Area Air Quality Management District’s current guidelines) shall incorporate the following standards to minimize potentially adverse air quality affects: • Configure the proposed buildings so that the bulk of the building is located farther from the highway. • Place heating ventilation and air conditioning (HVAC) system intakes as far away from highway as feasible. • Include high efficiency filters in the HVAC system (rated with a minimum efficiency rating value [MERV] of at least 13). This would also include a commitment to regular maintenance and replacement of filters as needed. • Provide positive pressure with the HVAC system in all occupied spaces to prevent the incursion of outside air that bypasses the HVAC filters. • To reduce the amount of outside unfiltered air indoors, do not place operable windows in close proximity to the highway. In addition, signs should be posted to keep exterior doors closed when not in use. 3 Building Height 8 floors and no more than 75 feet to the finished floor of the highest story. Maximum building height it 90 ft. (tower elements, architectural and articulated design features, solar panels, and small-scale wind turbines may extend 10 ft. max beyond this height). The height may be increased through an SDR in the Town Core area. Minimum building height in “The Core” is 40 feet, except for structures within the Town Square. Page 8 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 58 Section 4.1 Retail District Development Standards, 2 Stoops, 3 Bay Windows and 6 Storefront Awnings shall be amended to read as follows: PROJECTIONS AND ENCROACHMENTS INTO SETBACKS 2 Stoops Permitted for residential use only. 5 ft. min usable walkway must be maintained on private streets and 10 ft. on public streets. 3 Bay Windows 2 ft. max into all setbacks. 4 ft. max along Dublin Boulevard. 12 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces. 6 Storefront Awnings 6 ft. max into all setbacks. 8 ft. max along Dublin Boulevard and Golden Gate Drive. 8 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces. Page 86 Office/Lodging Fronts, first bullet point shall be amended to read as follows:  At least 20% of the facade’s surface area should consist of windows (including glass on doors). Windows shall be provided on all floors of the building. Exceptions to window area may be approved for parking structures. See Section 4.4.14 for design guidelines for Parking Structures. Page 103 Section 4.4.14 Parking Areas, fourth bullet point shall be amended to be consistent with graphic on page 104 as follows:  The length of parking spaces may be reduced by up to 2.5 feet if the vehicle will overhang a landscape planter which has been designed to accommodate the vehicle overhang plus additional space for planting. The planter shall be protected by a curb or wheel stop and should include low lying plants where the vehicle will overhang the planter. Page 9 of 9 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Table 6-1 shall be revised as follows: Table 6-1: Development Pool DISTRICT NON- RESIDENTIAL SQUARE FOOTAGE NUMBER OF RESIDENTIAL DWELLINGS Retail 1,020,220 (+150 hotel rooms) 2,965 Transit- Oriented Village Parkway 0 PASSED, APPROVED, AND ADOPTED this ____day of _____, 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk 5480454.2