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Home My WebLink About6.2 Avalon Bay DA & AppealG~~~ OF Dp~lr~ . ~ i9'~;~~~ STAFF REPORT C I T Y C L E R K ``~~~~s~ DUBLIN CITY COUNCIL File # ~^~¢~~-000 4'/D ° 3 v DATE: May 17, 2011 ~~~ ^~ ~OD '~ TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC : PUBLIC HEARING: PA 06-060 Avalon Bay Communities, Dublin Station (Transit Center Site C) for (1) Stage 1 Development Plan Amendment, Stage 2 Development Plan and Development Agreement submitted by Avalon Bay Communities, Inc.; and (2) the appeal of the Planning Commission approval of the Vesting Tentative Map and Site Development Review for Avalon Bay Communities, Inc. PA 06-060 (appeal filed by Carpenters Local 713) Report Prepared by IVlike Porto, Consulting Planner EXECUTIVE SUMMARY: The proposed project, Avalon Transit Center Site C, is a residential project comprised of 505 apartment units, a 4,223 square foot fitness center, 733 spaces of structured parking within two buildings, 25 private, on-street parking spaces, and 40 public on-street parking spaces on a combined 7.2-acre site located within the Transit Center Village planning area. FINANCIAL IMPACT: None RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant, Appellants, and the public; 4) Close the public hearing and deliberate; 5) Waive the reading and introduce an Ordinance approving a PD- Planned Development Rezone and related Stage 1 Development Plan Amendment/Stage 2 Development Plan and finding the project exempt under the California Environmental Quality Act for Avalon Bay Communities, Site C, Dublin Transit Center; 6) Waive the reading and introduce an Ordinance approving a Development Agreement and finding the project exempt under the California Environmental Quality Act for Dublin Station, Site C, Dublin Transit Center, between the City of Dublin and Avalon Bay Communities; and 7) Adopt a resolution affirming the Planning Commission decision approving Site Development Review and Vesting Tentative Tract Map 7929 and finding the project exempt under the California Environmental Quality Act for Avalon Bay Communities, Site C, Dublin Transit Center. c ~C~~ ~' mitt d By Revie ed y Community Development Director Assistant Ci anager Page 1 of 10 ITEM NO. lD ~~ PROJECT DESCRIPTION: Background Location & Existing Use Site C(C1 & C2, combined) is a 5-sided site located immediately north of the BART station underpass entry. The site is located within the loop area at the intersecting terminus of the two streets providing access to the Bay Area Rapid Transit (BART) station. These streets are Iron Horse Parkway to the east and Demarcus Boulevard to the west. Site C is comprised of two legal parcels of approximately 3.6 acres each divided by a north-south spine or corridor shown on the plan as Hamlet Lane. C-1 is to the west and C-2 is to the east (see Map 2 below). The site currently is used as a surFace parking lot of approximately 1,086 spaces for the BART station. These spaces will be eliminated as the 1,528-space BART station parking structure was built to free Site C for development. Additionally, there are 295 BART surface parking stalls located adjacent to the BART garage and in an open lot west of DeMarcus Blvd. ~ ~ .. W ~~ ~ ~ ~ dd~~~ ~ ~ ,~~ ~~1~~~+ ~ a ~ ii U ~ l~c. Q ~ ' ~'' . ~ Avalon at Dublin ~: Station I B2 ~s~~~,'~a ~~ Metropolitan ~ < Camillia ~~~~r ~ ~~ ~.~, ~ ~~ ~~~ ~~,~ . ~~~~~ ~ ~ ~ ~~~ Place ~ ` ~ ~~ ~~~~~-~ Future Office ~ '° ~ a ~ E2 . ,~ 1 Future Hotel ~ ~~ ~ Office D1/D2 ~ ~ Elan B1 ~x. ~ ~u ; ~~ :, ~ ~~,. ~ R° ~r R c< ,~ ~~ ~ , i ~~ ~ i ~ ~ • } ~'w ~ '~ Future - . ~ ` P ~l Y ~~ ~ 4,,.~.:"~` PROJECT Apts A3 ~ ~ ~ ~~.~~ ~~,=;.~~~ ~ ~ ~~ rv e ~.~» ,,,~~ ~~\y ~ ~ ~~ ~._ ~~ ~, '~`~~ .. . ~ ~ .. . ~ Map 1- Aerial Photo Project Site Surrounding Uses Uses surrounding and adjacent to the project site are described as: a) To the north: High density residential and mixed use projects (Elan and Avalon Bay) located across the village green/community greenbelt from the project site known as Campbell Green; b) To the southeast: Recently completed BART Station parking structure and bus parking along the opposite side of lron Horse Parkway; c) To the east: Planned for hotel and/or office use but currently vacant; Page 2 of 10 d) To the south: BART Station and underpass beneath the I-580 right-of-way to the BART station platform; and e) To the west: Open-air bus terminal, surface parking, and a Pacific Gas & Electric power substation. Proposed Project: The proposed project, Avalon Bay Communities, Dublin Station, Transit Center Site C (C1 & C2), is a residential project comprised of 505 apartment units, 4,223 square foot fitness center, 733 spaces of structured parking within two buildings, 25 private, on- street parking spaces, and 40 public on-street parking spaces on a combined 7.2- acre site located within the Transit Center as further described below. AVALON DUBLIN -~L STATION- SITE C ~~``-~~ ~.r:~,.~ ~.:~.~, ~ ; 1 ~ ; =: ~ ~ - cu~aea~ ca~r+ ~ _ _ ~ ^ ~ f~~ ~----- BUfLDING C7 ~,~,~,~~ • ` o~ ~, ~ ~,~,~~~~~ ` . ,~.u~~~,~~,~ ~ WNLEPfU~11NOW818E4006~D13 ~EEOEDTOMATCN7IEAPFPOVED . GIFROVEIEM RPHS FOR N /BB3 ~ BAR RtQIECTTOBE WNSiRUCI~NT10 ~~,~~,n,~,~ I ~~n~~,~: . Mau 2: Prouosed Site Plan ~- ~ Fj 1 ~ ~ I ~ ~~~~~P~~YUI BUILDINGC2 ~ TE 101 ~~ i/ I r ;;:;:;::. ;~.L • Residential -The residential structures will be located within the northerly portion of Site C while the parking structures are located in the southerly V-portion. The 5-level building on Site C-1 (west side adjacent to Demarcus Boulevard) includes 250 units, and the building on C-2 includes 255 units for a combined total of 505 units. The residential uses are oriented towards both public open space area and private common open space area. The village ' greenbelt provides public open space to the north. Each building also is designed around a ground level open area which will provide private common area open space and recreational amenities for the residents of the proposed project. • Commercial - The applicant is not proposing any ancillary commercial development at this time. However, to maintain the look of commercial development, commercial architecture is being applied to the residential units fronting the central plaza at the south end of the project, at the fitness center located at the northeast corner of the project and for two units facing Iron Horse Parkway just south of the fitness center. • Parking Structures - A parking structure abuts the south side of each of the two apartment buildings. The parking structure on Site C-1 provides 362 spaces on 5 levels. The parking structure on Site C-2 provides 371 spaces on 5 levels, for a total of 733 spaces. Primary vehicular access to the parking structure on Site C-1 is taken from Demarcus Boulevard on the west. Primary access to the parking structure on Site C-2 would be taken from Iron Horse Parkway. The corridor that separates Sites C-1 and C-2 is identified as Hamlet Lane. Hamlet Lane connects to Campbell Lane and serves as a pedestrian corridor with limited vehicular access (private on-street parking, trash collection and emergency vehicular access) through Site C ending in a cul-de-sac and pedestrian plaza at street level directly across from the Dublin- Pleasanton BART Station. The building lobby for each of the two sites and secondary access Page 3 of 10 to each of the two parking structures are located off of Hamlet Lane. This street also accommodates emergency and trash collection vehicles. The project entitlements include a Stage 1 Development Plan Amendment to change the number of units allocated on Sites A, and C, a Stage 2 Development Plan to establish development standards, architectural and landscape guidelines for Site C, a Site Development Review for the overall design of the site, a Vesting Tentative Tract Map to allow for eventual sale for condominium purposes and a standard Development Agreement. The Planning Commission approved the Site Development Review and Vesting Tentative Tract Map subject to City Council approval of the Stage 1 Development Plan Amendment and Stage 2 Development Plan. The Planning Commission approvals were appealed to the City Council. The City Council is considering the Appeal. The Planning Commission recommended that the City Council approve the Stage 1 Development Plan Amendment, the Stage 2 Development Plan and the Development Agreement. The City Council is currently requested to consider approval of the Stage 1 Development Plan Amendment, the Stage 2 Development Plan and the Development Agreement. ANALYSIS: Staqe 1 Development Plan The Applicant is proposing an amendment to the Stage 1 Development Plan to increase the number of units allowable on Site C from 405 to 505. In order to not increase the allowable maximum 1,500 units for High Density Residential areas in the overall Transit Center under the Specific Plan, Alameda County Surplus Property Authority, as the owner of Site A, has agreed to reduce the number of allowable units on Site A from 530 to 430. (See Attachment No. 1) Page 4 of 10 The "Dublin Transit Center: Proposed Land Uses" chart found on page 1.13 of the Stage 1 Development Plan would be amended as follows to shift 100 units from Site A to Site C. The reallocation of units between Sites A, B and C is specifically authorized under Note 4 of the "Dublin Transit Center: Proposed Land Uses" chart. With this change, the overall maximum number of units within the High Density Residential areas (Sites A, B and C) remains 1,500 units consistent with the Specific Plan. The chart shows a strike out for the item to be changed and the revised number highlighted: Dublin Transit Center~ Pronosed Land Uses Site Area Area GP/EDSP Max. Max. FAR Density FAR Density Ancillary Ad'I (gr.ac.) (net Land Use Sq. Ft. Units (gross) (gross) (net) (net) Retail Units ac.) Sq. Ft. A 10.92 8.29 High Density ~3A 49 64 Res 430 39 52 B 12.00 8.10 High Density 565 47 70 15,000 Res C 8.58 5.80 High Density 4A5 4~ ~8 25,000 Res 5Q5 59, 87~ D-1 3.50 2.50 Campus 190,000 1.25 1.74 7,500 150 Office D-2 17.32 12.10 Campus 950,000 1.26 1.80 Office E-1 628 4.10 Campus 300,000 1.10 1.68 15,000 150 Office E-2 1120 7.70 Campus 560,000 1.15 1.67 Office F 12.20 8.73 Neighborhood Park P/SP 8.65 7.93 Public/Semi- 7,500 Public Total 90.65 65.25 2,000,000 1,500 70,000 300 Summary 90.65 65.25 a/b/c 31.50 22.19 High Density 1,500 48 68 40,000 Res d/e 38.30 26.40 Campus 2,000,000 120 1.74 22,500 300 Office F 12.20 8.73 Neighborhood N/A N/A Park p/sp 8.65 7.93 Public/Semi- N/A 7,500 Public NOTES: 1. Ancillary retail square footage is included in Campus Office, Residential or Public Use densities, and would be limited to local-serving uses in ground floor space along Iron Horse Parkway. 2.. Sites D-1 and E-1 would be "flex" parcels, and could be developed with up to a total of 300 units of residential development. 3. A hotel or mixed-use hotel/office project is encouraged on Site D-1 that could share off-hour BART parking. 4. Maximum square footage and maximum units per site can be exceeded, as long as the total square footage or units is not. Staqe 2 Development Plan Most of the standards and requirements of a Stage 2 Development Plan required by Chapter 8.32.030.B of the Zoning Ordinance were adopted with the Stage 1 Planned Development Zoning fior all of the Dublin Transit Center. The Stage 1 Planned Development Zoning established the permitted, conditionally permitted, and accessory land uses; site areas and proposed densities; maximum number of residential units and non-residential square footages; and a Master Landscaping Plan. Page 5 of 10 The approved Stage 1 Development Plan provides development standards such as building height, number of stories, building setbacks and a parking ratio of 1.5 parking stalls per unit and suggested high-density residential development in 4 or 5 stories either over podium parking or with the units "wrapped" around the parking structures as is the case with this project. The adopted Planned Development zoning also limits ancillary retail and services to the ground floor frontage along Iron Horse Parkway. The development of Site C complies with the Stage 1 Planned Development Zoning, as amended, for the Dublin Transit Center as it is compatible with the Dublin Transit Center land use concept to maximize transit opportunities presented by the adjacent Dublin/Pleasanton BART Station and will contribute to an accessible and pedestrian-friendly environment in proximity to the BART Station. The Stage 2 Development Plan for Avalon Transit Center, Site C has been designed to be consistent with the Stage 1 standards as proposed to be amended. The proposed Site Development Plan is reflective of the Stage 2 standards in terms of lot area, lot dimensions, lot coverage, type and number of units, location and number of parking spaces, setbacks, architecture, and affordable housing. A City Council Ordinance approving a Stage 1 Planned Development Amendment and a Stage 2 Development Plan is included as Attachment No. 2. Develoament Aareement Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement between the City and the Developer. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to obtain certain commitments and establish certain development rights for the property. The Development Agreement must be approved prior to recordation of the final Tract Map and issuance of building permits for the development of the property. The proposed Development Agreement provid'es security to the developer that the City will not change its zoning and other laws applicable to the project for a period ending 5 years from the date of effectiveness. The City also benefits from entering into the Development Agreement with the property owner. This document is a contract that establishes obligations for meeting the goals of the EDSP and guarantees timing for construction of public infrastructure and facilities for the project area. Additionally, it ensures that dedications of property and easements are made, project phasing is followed, the appropriate fees are paid for the development, and any additional terms of the agreement are carried out as development proceeds. The proposed Development Agreement also would be consistent with the preceding development agreements on other Dublin Transit Center sites except that minor modifications have been made to account for changes in inclusionary housing provisions for this project. In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, make commitments which the City might otherwise have no authority to compel the Developer to perForm. Specifically, the Development Agreement augments the City's standard development regulations; defines the precise financial responsibilities of the Developer; ensures timely provision of adequate public facilities for each project; and provides terms for the Developer to advance funds for specific facilities which have community or area-wide benefit or for reimbursement from future development, as appropriate. Since the Development Agreement runs with the land, the rights thereunder can be assigned. Specifically, Section 17 of the Development Agreement would delegate authority for approval of such requests for transfer or assignment to the City Manager. Page 6 of 10 An Ordinance approving the Development Agreement between the City of Dublin and Avalon Bay Communities, Inc. is included as Attachment 3 with the Development Agreement attached as Exhibit A. PLANNING COMMISSION ACTION The Planning Commission reviewed the project previously at a Study Session held on December 9, 2008. The Planning Commission provided comments in the context of the Community Design and Sustainability Element of the General Plan and had listed concerns regarding Sense of Arrival and Distinctive Identity as well as roof articulation, building colors and parking garage lighting. The Applicant revised the project to address the Planning Commission's concerns. The Planning Commission held a public hearing on September 14, 2010 to review the proposed project. The Planning Commission reviewed and approved the Site Development Review and Vesting Tentative Tract Map and recommended that the City Council adopt Ordinances approving a Stage 1 Development Plan Amendment, a Stage 2 Development Plan and a Development Agreement. The Applicant subsequently requested that this project be removed from the City Council Agenda in order to further revise the project. The Applicant revised their project to add additional units and to make minor design modifications. The Planning Commission considered the revised project with the various modifications at their meeting of March 22, 2011 and unanimously (Commissioner Wehrenberg was absent) approved the Site Development Review and Vesting Tentative Tract Map and further recommended that the City Council approve the Ordinances for the Stage 1 Development Plan Amendment, the Stage 2 Development Plan and the Ordinance approving the Development Agreement (Attachment 4, 5 and 6) The Applicant's Site Development Review and Vesting Tentative Tract information is included as Attachment 7. The Planning Commission Staff Report, without attachments and the minutes from their meeting on March 22, 2011 are included as Attachments 8 and 9. APPEAL OF PLANNING .COMMISSION APPROVAL OF VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW The Planning Commission approved the Vesting Tentative Map and Site Development Review for the proposed Project (Project) on March 22, 2011. The Planning Commission found that the Project is exempt from the California Environmental Quality Act (CEQA) under Government Code section 65457 and none of the requirements for preparation of a Supplemental Environmental Impact Report (EIR) are met. On April 1, 2011, Carpenters Local 713 (Appellants) filed an appeal to the City Council of the Planning Commission decision (Appeal). The Appeal objects to the CEQA environmental review for the Project. The Appeal attached a letter from a law firm representing the Appellants that sets forth the CEQA objections (See Attachment 10). The Appellants generally argue that the Project is not exempt from CEQA and the City is required to prepare a Supplemental EIR for the Project. The Cify Attorney's Office and Staff have carefully reviewed the objections raised by the Appellants. The City Attorney's Office and Staff believe that the Project is exempt from CEQA review and all objections raised in the Appeal are without merit. Therefore, Staff recommends that the City Council affirm the Planning Commission decision finding the Project is exempt from CEQA and approving the Vesting Tentative Map and Site Development Review for the Project, and deny the Appeal (See Attachment 11). Page 7 of 10 Project is Exempt from CEQA The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395) (Specific Plan EIR or EIR). The Project is a residential project because it consists of 505 residential units and ancillary parking and fitness center uses. The fitness center is a permitted use to serve the residences of the Project under the PD Zoning for areas zoned High-Density Residential. The Project is consistent with the Specific Plan because the Plan allows up to 1,500 residential units on sites designated High Density Residential. Sites A, B and C are the only areas designated High Density Residential in the Dublin Transit Center project area. The Project will result in 505 units on Site C. The Project includes a reduction of maximum units on Site A under the PD Stage 1 Development Plan Amendment, so that the overall maximum number of residential units on Sites A, B and C is 1,500 units. The 1,500 unit maximum under the PD Stage 1 Development Plan Amendment is consistent with the Specific Plan. The reallocation of the 1,500 units between Sites A, B and C is consistent with the Specific Plan. Note 4 of the Proposed Land Use Table (p. 1.13) states: "Maximum square footage and maximum units per site can be exceeded, as long as the total square footage or units is not". (City Council Ordinance No. 21- 02 Approving a Stage 1 Development Plan for the Dublin Transit Center Project (Section 3)). The environmental review for the Project is the Specific Plan EIR certified by the City Council in 2002. There is no substantial evidence in the record showing that the standards for preparation of a Subsequent or Supplement EIR under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 have occurred or are met for the Project. The CEQA standards for a Subsequent EIR are narrow. Since an EIR has been certified for the Project, CEQA creates a presumption that no subsequent EIR is required unless certain limited exceptions are met. The existence of these exceptions must be supported by substantial evidence. An explanation of why each of the subsequent EIR standards are not met is provided below. There are no substantial changes to the Project requiring major revisions to the Specific Plan EIR due to new significant or substantially more severe environmental effects than previously identified in the EIR. The Project is consistent with the Specific Plan and no amendments to the Specific Plan are required for Project approval. There is no substantial evidence of substantial changes to the circumstances under which the Project is undertaken requiring major revisions of the EIR due to new significant or substantially more severe environmental effects than previously identified in the EIR. The circumstances under which the Project is undertaken are substantially the same and any changes do not result in a new or substantially greater impact from those identified in the EIR. There is no substantial evidence of new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, showing any of the following: (i) new significant or substantially more severe environmental effects than previously identified in the EIR; (ii) mitigation measures or alternatives previously found not to be feasible would in Page 8 of 10 fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (iii) mitigation measures or alternatives which are considerably different from those analyzed in the EIR that would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Grounds for Appeal Are Without Merit The Appellants have alleged that the Project is not exempt from CEQA and the standards for requiring a subsequent EIR are met. However, the Appellants have not produced substantial evidence to show the exemption does not apply or the subsequent EIR standards are met. Responses to each of the issues raised by the Appellants are addressed in Attachment 12 to this Staff Report. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was. also published in the Valley Times and posted at several locations throughout the City. The public notice was mailed to the Applicant and Appellants. A copy of this Staff Report was provided to the Applicant and Appellants. ENVIRONMENTAL REVIEW: The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395). The Project is consistent with the 1500 maximum number of dwelling units for High Density Residential areas (Sites A, B and C) established in the Specific Plan approval. The Project only proposes to reallocate the units between Sites A, B and C within the 1,500 unit maximum. Overall, the Specific Plan Project remains an in-fill, high-density, transit oriented development with a mix of commercial and residential uses focusing on its location adjacent to a BART station. None of the standards under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 for preparation of a subsequent or supplement EIR have occurred or are met for the Project (See discussion in Proiect is Exempt from CEQA section above and in Attachment 11). No further environmental review is required. ATTACHMENTS: 1) Letter from Alameda County Surplus Property Authority. 2) Ordinance approving a PD-Planned Development Rezone and related Stage1 Development Plan Amendment/Stage 2 Development Plan and finding the project exempt under the California Environmental Quality Act for the Avalon Bay Communities, Dublin Station Project on Site C of The Dublin Transit Center. Page 9 of 10 3) Ordinance approving a Development Agreement and finding the project exempt under the California Environmental Quality Act for Dublin Station, Site C, Dublin Transit Center, between the City of Dublin and Avalon Bay Communities with the Development Agreement attached as Exhibit A. 4) Planning Commission Resolution 11-09 approving Site Development Review and Vesting Tentative Tract Map 7929 for Avalon Bay Communities, Site C, Dublin Transit Center. 5) Planning Commission Resolution 11-10 recommending that the City Council adopt an Ordinance approving a Stage 1 Development Plan Amendment and Stage 2 Development Plan for the Avalon Bay Communities Dublin Station Project on Site C of the Dublin Transit Center. 6) Planning Commission Resolution 11-11 recommending that the City Council adopt an Ordinance approving a Development Agreement for Dublin Station, Site C, Dublin Transit Center, Avalon Bay Communities. 7) Applicant's Packet of information. 8) Planning Commission Staff Report dated March 22, 2011, without attachments. 9) Planning Commission Meeting minutes dated March 22, 2011. 10) Appeal of Planning Commission Approval of Vesting Tentative Map and Site Development Review, dated April 1, 2011. 11) Resolution.affirming the Planning Commission Decision approving Site Development Review and Vesting Tentative Tract Map 7929 and finding the project exempt under the California Environmental Quality Act for Avalon Bay Communities, Site C, Dublin Transit Center. 12) Response to Issues Raised on Appeal. G:IPA#12006106-060 Dublin Transit Center Site CICC Mtg 5.17.111CCSR 5.17.11 Avalon. DOC Page 10 of 10 ~~-~3 _~~_~~ ~:LA'~iEDA Ct)LTN'FY CO~~iMLJ:tiI"TY DF:~'~;I,OPI~TE:VT AC~E~'CY 5 U R a L U 5 P P O P E R T Y A U T H O R I 7 Y ~t~ _ a,~z~,~. ,~ - Chris 6azar Febtl~a~-y 3j. 201 l l,gc;~.ry D:•=;~~c. ~ . Jeri Ram Community Development Director Pa;rick:=ashrn~r. City of~Dublin ~~'4 i.n::..'^r i oo c~y~a~ P~tj"LS ~~= ~,n i Dubi;~~, cA y~sh~ .._ ,i. .. ..... . "`" '"" RE: AvalonBay Site C Unit Count - .:r^ .... .._. <~ Dear Jeri: . '~:r~-,:;~ As requested by AvalonBay, this letter is pro~~ided as confirmation that the ACSPA •~ `~"'` has agreed to transter an additianal 19 units from its current entit]emcnt of 1~0 units :;:' ; on Site A-.l to Site C. This is in atidition to the ~ I units pre~~iously transferred frum ~ :; _; , ~ ,. Site ~1-1 ta Sitc C, pcr the attached letter fram Pat Casl~man to you, dated June 22, ~ . 20I0. .. - : . _ ACSPA is cntitled, per the Dublin "fransit C:enter General PlaniSpecific Plan Amendment and Stage 1 PD Rezonine, to transfer units from oi3e site to anothcr.~as long as tlle tqtal unit count of ],~3O0 units is not exceeded. Vb'ith this transfcr of an additional l9 units to Site. C, tlle unit allocations arc: 13 l units ~. to Sitc A- I(ACSPA), 112 units to Site A-2 ( EAH). 1)0 units to Site A-3 (I-~ano~~er), ' 257 units to Site B-1 (DR Horton}, 305 units to Site B-2 (Avalon.Bay), 50~ units to , ~ Site C(AvaloiiBay), and 300 units to Site E-i (DEt Horton), for a total of 1,800 units. Should you havc any questions, you can contact me at S 10-670-bi34. Sincerely, ~ ` _.----'`.`- . "y-/-~~ \ / ~"~, ~ . .- , ~-~ ~, _ ti 1~•~.'~`-' C..~~G ~y - Srua~t Cook ,.. . <,.:i, : ~ .. , ~ - , D irector , Attachment CC: Jcff Whitc, AvalonBay 1~4ike Porto, City of'Dublin ~ ~~!?~- • , . , - - - ----- ----- ----: -- ---- -- -- . _~ ~-- -- --- --------- ----=- ---- -- -_- ...--- - ~~e~~ ~'~ 5~~_t_~ ~ ATTACHMENT 1 - a ~3~ ~, '~,~~ ~i~ ALAMEDA CO[JN'l'Y COi1~tMUNI'TY DF.Y~LOPMENT AGENCY ~`~: 5 U R P L U S P R O P E R T Y A U T H O'R 1 T Y Chris Bazar .lyenc~Onecka June 22, 2010 Patrick Cashman ~ei'1 R31Tt sPAO,~~~~, Community Development Director . , City of Dublin lY2St 1.~intpn ~~..4E;<,,,,,, . 100 Civic Plaza ~. k°°"~ ~ ' -' Dublin, CA 94568 . h4,y;aa?d . :z''rD"'" Re: AvalonBay Site C Unit Count ~.1j~n_t: I i . ~r,o~,;• Dear Jeri: S I0.6"~533± , lai ' . •,o f;o.~~: ~.:, As b follow up to our June 8, 2010 meeting regarding the basis for AvalonBay increasing its application f~r Site C from 405 to 486, this letter is provided as ~, . . . . , ~ ' - :YN ' ~ ` , ' . . . , . . . N~_J . ~I SL iC3. .. confirmation that the ACSPA has agreed to transfec the additiona181 units ~ from iLs current entitlement of 23 i units on Site A-I . 7fie remaining . ~ entitlement of 23I units on Site A-1 was the balanc;e of the 1800 units designated for the Dubiin transit Centcr_ ACSPA is entiiled, per the ?001 . Genera( Plan/Specific Plan Amendment and Stage 1 PD Rezoning, to ttansfer units from one site to another, as long as the total unit count is not exceeded. ~ Given the fransfcr of an additional 81 units to Site C ihe unit allocarions are; , . I50 units. to Site A-l (ACSPA), I 12 units to Site A-2 (F_.AH), 190 uniLs to Site , A-3 {Hanover}, 257 units to Site B-1 (DR Norion), 305 units to Site 8-2 {AvalonBay), 48b units to Site C(AvalonBay), and 300 units to.Site E-1 (DR Horton), far a total count of 1800 units. Should you have any questions you can contact me at 510-670-6531. Sincerely, , .. !~' _ . ~ ~ /G . i/ Patrick Cashman Director Attachments Cc: Jeff White, ~valonBay Communities Mike Porto, City of Uublin Stuart Cook, ~.CSPA ~ ~~ ORDINANCE NO. XX - 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************~************* APPROVING A PD-PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1 DEVELaPMENT PLAN AMENDMENT/STAGE 2 DEVELOPMENT PLAN AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE AVALON BAY COMMUNITIES DUBLIN STATION PROJECT ON SITE C OF THE DUBLIN TRANSIT CENTER PA 06-060 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The Dublin Station project site is located in the Dublin Transit Center. Through Ordinance 21-02, the City Council adopted PD-Planned Development zoning and a related Stage 1 Development Plan which, among other approvals, established the maximum number of residential units for Dublin Transit Center at 1,500 units. B. Through Ordinance 21-02, the City Council established the maximum number of residential units for Site C at 405. Ordinance 21-02 also adopted the maximum number of dwelling units on Site A(530) and Site B(562) and made provision for potentially 300 additional units to be allocated to Sites D-1 and E-1. Subsequently the City Council, on February 6, 2006 by Ordinance 04-06, assimilated the 300 additional units totally onto the E-1 Site (Metropolitan). These additional units are not affected by the project. C. The Dublin Station project amends the previously approved PD-Stage 1 Development Plan and provides the required Stage 2 Development Plan to increase the residential units on Site C from 405 to 505 units, and reduce the number of units on Site A from 530 to 430. With this amendment, the maximum total number of units on Sites A, B and C shall remain 1,500 units as authorized under the Eastern Dublin Specific Plan Amendment for the Transit Center Project. Section 2. FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: The Dublin Station Planned Development Zoning, including an amended Stage 1 and a Stage 2 Development Plan, meets the purpose and intenf of Chapter 8.32 in that it maintains the residential character and high density approved for the Dublin Transit Center for Site C while providing additional high quality residential units in keeping with the overall design intent. The amended development plan maintain a desirable use of land that complements surrounding land uses, particularly through the central open space pedestrian corridor connection to the Campbell Green and Dublin Station and Elan to the north. Page 1 of 11 ATTACHiV1ElYT 2 ~~~~ 2. The PD rezone with amended Sfage1 Development Plan and Stage 2 Development Plan for Dublin Station will be harmonious and compatible with existing and potential development in the surrounding area in that the Project continues to reflect and implement the type and scale of development envisioned in the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to the character and density of the adjacent developments. It provides attractive and interesting development on its five street frontages and maintains pedestrian connectivity to its companion residential development on Site B through the central open space corridor (Hamlet Lane) and the centralized community green (Campbell Green). B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD rezone with amended Stage1 Development Plan and Stage 2 Development Plan for Dublin Station will be harmonious and compatible with existing and potential development in the surrounding area in that the Project continues to reflect and implement the type and scale of development envisioned in the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to the character and density of the adjacent developments. It provides attractive and interesting development on its five street frontages and maintains pedestrian connectivity to its companion residential development on Site B through the central open space corridor (Hamlet Lane) and the centralized community green (Campbell Green). 2. The Project Site is physically suitable for the type and intensity of the zoning district being proposed in that the Project maintains the general character and density of the adjacent developments and will implement all adopted California Environmental Quality Act (CEQA) mitigation measures identified in the prior Environmental Impact Report (EIR) related to potential environmental impacts associated with development of the site. With five street frontages the Project site is highly accessible and provides for extensive pedestrian mobility through sidewalks and the central pedestrian corridor. 3. The PD rezoning with amended Stage1 Development Plan and a Stage 2 Development Plan will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because the Project will comply with all applicable development regulations and standards and will implement all applicable mitigation measures in the prior EIR. The Project complies with the development anticipated in the Dublin Transit Center EIR. 4. The PD rezoning with amended Stage1 Development Plan and Stage 2 Development Plan is consistent with the Dublin General Plan and Eastern Dublin Specific Plan in that the amended development plan remains consistent with the High Density Residential uses and densities. C. The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated Page 2 of 11 s~~ November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395). None of the standards under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 for preparation of a subsequent or supplement EIR have occurred or are met for the Project. No further environmental review is required. The evidence to support this finding is set forth in the record as a whole, including the staff report and the attachments thereto. Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: 7.21 gross acres within APN 986-0034-005-02. A map of the rezoning area is shown below: Section 4. STAGE 1/2 DEVELOPMENT PLAN APPROVAL The current regulations for the use, development, improvement, and maintenance of the subject property are set forth in the Ordinance 21-02 PD-Stage 1 Development Plan. Amendments to the PD-Stage 1 and new Stage 2 Development Plan, as set forth below, are hereby approved. Any amendments to the approved PD-Stage 1/Stage 2 Development Plans shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. Page 3 of 11 VIC~NIN MAP ~ ~ ~3 ~ Amendment to PD-Stage 1 Development Plan Ordinance 21-02. This Ordinance amends Ordinance 21-02, Section 3, "Site Area Proposed Densities", to increase the maximum number of units for Site C from 405 units to 505 units to reduce the number of units on Site A from 530 to 430. Specifically, the Stage 1 Planned Development Rezone Amendment booklet dated December 3, 2002 as it relates to Dublin Station Site C, Site A and Site B which Ordinance 21-02 incorporates by reference is amended as follows: Site Area Area GP/EDSP Max. ~ Max. FAR Density FAR Density Ancillary Additional (gr.ac.) (net Land Use Sq. Ft. Units (gross) (gross) (net) (net) Retail Units ac.) Sq. Ft. A 10.92 8.29 High Density ~3A 48 64 Res 430. 39 52 B 12.00 8.10 High Density 565 47 70 15,000 Res C 8.58 5.80 High Density 4A5 4~ ~9 25,000 Res 505 59, 87i D-1 3.50 2.50 Campus 190,000 1.25 1.74 7,500 150 Office D-2 17.32 12.10 Campus 950,000 1.26 1.80 Office E-1 628 4.10 Campus 300,000 1.10 1.68 15,000 150 Office E-2 11.20 7.70 Campus 560,000 1.15 1.67 Office F 12.20 8.73 Neighborhood Park P/SP 8.65 7.93 Public/Semi- 7,500 Public Total 90.65 65.25 2,000,000 1,500 70,000 300 Summary 90.65 65.25 a/b/c 31.50 22.19 High Density 1,500 48 68 40,000 Res d/e 38.30 26.40 Campus 2,000,000 1.20 1.74 22,500 300 Office F 12.20 8.73 Neighborhood N/A N/A Park p/sp 8.65 7.93 Public/Semi- N/A 7,500 Public NOTES: 1. Ancillary retail square footage is included in Campus Office, Residential or Public Use densities, and would be limited to local-serving uses in ground floor space along Iron Horse Parkway. 2. Sites D-1 and E-1 would be "flex" parcels, and could be developed with up to a total of 300 units of residential development. 3. A hotel or mixed-use hotel/office project is encouraged on Site D-1 that could share off-hour BART parking. 4. Maximum square footage and maximum units per site can be exceeded, as long as the total square footage or units is not. Stage 2 Development Plan The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance Dublin Station, Dublin Transit Center, Site C only. The Stage 2 Development Plan consists of the items and plans identified below. Page 4 of 11 ~ ~S3 ~ 1. Statement of compatibility with Stage 1 Development Plan. The Dublin Station Stage 2 Development Plan is consistent with the Stage 1 Development Plan for Site C of Dublin Transit Center, as amended, in that it provides for High Density Residential uses and density with an open space corridor as approved in Ordinance 21-02. 2. Statement of uses. Permitted, conditional, accessory and temporary uses are allowed as set forth in Dublin Transit Center Stage 1 Development Plan District adopted by Ordinance 21-02. 3. Stage 2 Site Plan. The Stage 2 Site Plan for Dublin Station, Dublin Transit Center, Site C is set forth below: ~ ~ ~ ~ ~:~~~~,~, .~ ~~ .. '" .. ~ ~' . ~r.Y W~.. ' uwq.... a,~1 i'. ~ ,Jtf f s . ° ~~. eca~ ~ ~.~~ ~~a'za~ ~ ~ ~ .rt , ~ ~, ~` 5~,'~~ ~ ~e ~ :'r . `~,. ~"`~'""'" `F ~ ~~ ~:s ~ . . .~R~ ~`~ `~: s:Aa ~,T& ~ ~._ . 4-.,~ ..._. ~_. ~~~'~ . ~4. I ~ ~ Fl7fU~1E a 11~ 2 2 1 X ' -i...,r.~~~. ...~....~«y.~.."L ~'.~ ~P . ~ ~ 6~KS P.4tlCM0 ~ ~~~~s ST%lCRIRE t ~ ~~ i . . -".~.~.+.. y . i ~~ ~... ~- : : = ~ c__ , ; r- , ~ COLOR SITE PLJ1N ~cHt s~~ u~ wmaCx~ Elrt Pwl wu vawe fdi AIORE NFOIiAM11dN t 4. Site area, proposed densities. The gross and net area of the Stage 2 site, maximum densities and maximum numbers of residential units by type for Site C are set forth in the Table below: Site Area Area GP/EDSP Max. Max. FAR Density FAR Density Ancillary Additional (gr.ac.) (net Land Use Sq. Ft. Units (gross) (gross) (net) (net) Retail Units ac.) Sq. Ft. C 8.58 5.80 High Density 48~ 4-~ ~A 25,000 Res 505 , 59 87 Page 5 of 11 5. Development Regutations: Parking ~ ~3 ~ Ratio Units/S Ft Re uired Provided +/_ Residential ara e) 1.5 Sp/Unit 505 758 733 (1.45 -25 I Private On-Street n/a 25 +25 Public On-Street n/a 40 +40 TOTAL PARKING 758 798 +40 'Alf other development regulations, e.g., lot areas, setbacks, lot coverage, density, building height limits, driveways and other development standards, etc. are as specified I the Stage 1 Development Plan. 6. Architectural Standards: ~~ ~ A~ .vcnwanuY a+~nnwaoec t ! ~ w~`ie. e~r~iraww' ~ «..~..~"wlKqc ~ ~_ + wlly+ ~ ^Fw1Y+~~P wh+ 'xnr'"~n~"e"[r~w' r A01.1G ~~ Page 6 of 11 ~~/ ~~ `1 ~ ~ Avaign ~~ au~aak.mc «,~,~.rrY~ ~ '~ ~ r+ncK wr~. r~nnql~tffYMW~ fw~.~~ i'+1~iN`~' ~ M~+.~ A~~ _ ~,~.~.~w ~ .~.,~.~~ ,~.~°~.;.~ ~ ~~~ ~ ~ , ~- ~ CMMMLL ~Rlik /-61.12 a.~ Page 7 of 11 i~ ~ ~ ~~:~_ ~ ~~, ::~~ .~„p...~.~ , ~ sa~.~.,~~...-R ~ a ..~... " ~ ~ ~ -~ ~ ~ ;~.: ~. MMfT lM[. ~AIA A01.13 4m~ ^ ~~ ^ ~~ Avalon M,.~na.r a~m~.anc 1 ~°..~""~`..,.. ~ ....... ~ ~ ~ sa~ ~- ~"= ~uw""`a~ : `.'n ~~.~~ Page 8 of 11 ~ ~:,.; ^.. ~ ^. ~ ~~ .m. ~a.... ~. ..,. ~ ..., _. . _, ...~.. ... :a«M ,,. ~ 7. Preliminary Landscaping Plan: ~F-~ ! ~ r:i i~ ; :i+' `' ~. ~ v ~: ;\,~~ , s ' ~~ ~; : ~; ~ ~~ ' r~ ~---~ .._ r.i ~~ I , : . ~- ~ ~ ~ ~~. L-' - cuaNmo r~rt'n[ns~ec ~~ F~VB~pil R~1W -91! C ~ ~ ~- ~ ~ID Ia9uaaM84'u II ~~~ ~ ^:~ ~.~ ~~: ~ -,. "-+.. ~ .___ ..__ r_~ -~-'' "- ~ m\d '`'' ~ ~~~ , Ay~l,v,n , "' 3 ~ ~ _..__ ; ~E~~c..~,. ~ ~~ Page 9 of 11 ~a ~ ~ . ~~~ d ~ e _. ~> , r . , o . . /0 ~ .. /j _ ~IX ~ ~ \ / e e~ , ~ m~ <.~, ::~ v " '':, - - : ~ ~;; f~` -:, o ~. ~ i;` ,<~ • ~, ``~~-; _ ~ ~ _~ :,; ;, •.~~'~ s ~; ~'' s .i ;. Y~ c-, ; %' 7 ~. ~ •>. , `, (,~'~ e``^ ~ _ _ `~e` "'' ,"^ > ~~ ` `•,~y' .~a,:; t,~.,,.`,j;•}+. •,~ri, /j i-i _, : . ~. •~ ' +O:', f :' 0 y ~ r e ~ ~' \.;. ..; ~Y~ - 0~ il ~ ~~ ~ `~ ;^~~ > / ~~~ ~,,.Ni~`,, /'~ ~.~... /~ _0 ~~.~ ., ~~~ `\'::~,` / I..'-~~~~ ....~M 'l . -e.-. .... > ~~, '~-~~\ ~ . ~ ~~uga-:vi\~%: I ~ ~_ _ '_1<~-~~ :i ~...~o., ~` `` 'n OC / r R .. ,~ ~: '~~~,,, ~;~~ ` ~' I ~ . I 5 . _ ~~~ ~ ~!~ ~ f+ ~ '~r~ °-.,~ ........» ~~~°--$ ~&~' =~ J '~ °" f ~~ - ~. '`. _,,~ - _w... µ ,: r~ ~,. Avalcm AYKdIqIRw R~1ON.PIEC E .~- _ - a- ~ C10lf G~ ~~ L 3-------~- ~ _ a~ a e.,.~i.... ~ am~ ~ ~ 8. Phasing Plan. No specific phasing is required. However, it is anticipated the project will be developed in 2 phases represented by buildings C-1 and C-2. 9. Inclusionary Zoning Regulations. The Project's inclusionary requirements have been made a condition of approval on the Site Development Review and Vesting Tentative Map. The requirement to supply inclusionary housing is contained in the Stage 1 Development Plan. Page 10 of 11 ,~~ ~3 Section 5. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the closest comparable zoning district as determined by the Community Development Director and of the Dublin Zoning Ordinance except as provided in the Stage 1 amended/Stage 2 Development Plans. Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:1PA#12006106-060 Dublin Transit Center Site CICC Mtg 5.17.111FINAL CC Ord PD Rezone Stg 1& 2 DP Avalon Bay T Cremin, revised. DOC Page 11 of 11 I~ ~3 ORDINANCE NO. XX -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************** APPROVING A DEVELOPMENT AGREEMENT AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR DUBLIN STATION, S{TE C, DUBLIN TRANSIT CENTER BETWEEN THE CITY OF DUBLIN AND AVALON BAY COMMUNITIES PA 06-060 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed project known as Dublin Station, Site C, Dublin Transit Center is located within the boundaries of the Eastern Dublin Specific Plan, and is included in the approval fior Planned Development under PA 06-060. ~ ~ B. A Development Agreement for Dublin Station, Site C, Dublin Transit Center between the City of Dublin and Avalon Bay Communities ("Developer") has been presented to the City Council, Exhibit A, attached hereto. C. Pursuant to the California Environmental Quality Act (CEQA), development of the Dublin Station, Site C, Dublin Transit Center property has been analyzed in the Final Environmental Impact Report for the Dublin Transit Center General Plan and Specific Plan amendment, which was certified by the City Council by Resolution No. 215=02 dated November ~ 19, 2002 (hereafter "Dublin Transit Center" Environmental Impact Report or EIR [SCH 2001120395]). The proposed project is exempt from further CEQA review pursuant to Government Code section 65457 for residential projects consistent with a specific plan for which an EIR was certified. D. A public hearing on the proposed Development Agreement was held before the Planning Commission on March 22, 2011 for which public notice was given as provided by law. E. The P{anning Commission has made its recommendation to the City Council for approval of the Development Agreement by Resolution 11 - 11. F. A public hearing on the proposed Development Agreement was held before the City Council on May 17, 2011 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the certified Dublin Transit Center EIR, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. ATTACHMENT 3 1~ ~~ ~ Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Dublin Transit Center Environmental Impact Report (EIR), (e) the Agenda Statement, and on the basis of the specific concfusions set forth below, the City Council finds and determines that: 1. The Project is exempt from CEQA under Government Code section 65457 and CEQA Guidelines section 15182 as a residential project that is consistent with a Specific Plan for which an EIR has been certified. The Project is a residential project consistent with the Eastern Dublin Specific Plan Amendment for the Transit Center Project (Specific Plan) and implements the Specific Plan. The City previously certified an Environmental Impact Report for the Specific Plan by City Council Resolution No. 215-02 dated November 19, 2002 - Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395). None of the standards under Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 or 15163 for preparation of a subsequent or supplement EIR have occurred or are met for the Project. No further environmental review is required. The evidence to support this finding is set forth in the record : as a whole, including the staff report and the attachments ~thereto. .. 2. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Dublin Transit Center General Plan Amendment, and in the Specific Plan in that: (a) the General Plan and Specific Plan land use designation for the site is High Density Residential, (b) the proposed project is consistent with the designated land use, (c) the project is consistent with the~ fiscal policies of the .General Plan and Specific Plan with respect to the provision of infrastructure and public services, and (d) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 3. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the. project approvals include, Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map. , 4. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for High Density Residential, and infrastructure uses at this location. 5. The Development Agreement will not be detrimental to the health, safety and general welfare in that the Developer's project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 6. The Development Agreernent will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the Generaf Plan and with the Eastern Dublin Specific Plan. 2 of 3 I~ ~`~ Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by alt 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 \ day of , 2011 by the following votes: AYES: NOES: . ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 1509387 G:IPA#12006106-060 Dublin Trans+t Center Site CICC Mtg 5.17. l 11Fina1 CC Ord adopting da for dtc site c(2). DOC 3 of 3 i ~ ~,~ ~~ D ~YJ ~J RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza . Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND AVALON BAY COMMUNITIES, INC. FOR THE DUBLIN TRANSIT CENTER SITE C PROJECT EXHIBIT A TO ATTACHMENT 3 ~~ ~ 3: THIS DEVELOPMENT AGREEMENT (this "Agreement" or this "Development Agreement") is made and entered in the City of Dublin on this day of , 2011, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "Gity") and Avalon Bay Communities, Inc., a Maryland corporation (hereafter "Developer") pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. 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 §§65864 et seq. ("Development Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") 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 intends to purchase, desires to develop, and holds an equitable interest in, in that it has the right to purchase under that certain Agreement for Purchase and Sale of Real Property and Escrow Instructions; dated August 4, 2006, befinreen the Surplus Property Authority of Alameda County and Developer ("the Purchase and Sale Agreement", as thereafter amended), certain real property consisting of approximately 7.2 gross acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the "Property:" The Alameda County Surplus Property Authority ("COUNTY") presently is the fee owner of the Property. C. The City Council adopted the Eastern Dublin Specific Plan by Resolution No. 53-93 which Plan is applicable to the Property. The Eastern Dublin Specific Plan requires Developer to enter into a development agreement as a condition of the development of the Property. D. The Property is within an approximately 91-acre master-planned area ("the Transit Center Property") that was the subject in 2002 of a General Plan Amendment, a specific plan amendment to add the area to the Eastern Dublin Specific Plan, a master tentative map to create master parcels for development, and a master development agreement ("the Transit Center Approvals"). E. Developer proposes the development of the Property as a multi- family residential project of a maximum of 505 units ("the Project"). F. DEVELOPER has applied for, and CITY has approved or is processing, various land use approvals in connection with the development of the Dublin/Avalon Bay Communities, Inc. Development Agreement Page 2 of 16 for the Dublin Transit Center Site C Project 1~ ~~ ~ Project, including, without limitation, a General Plan Amendment (City Council Resolution No. 216-02), an amendment to the Eastern Dublin Specific Plan to add the Dublin Transit Center Property to the specific plan area (City Council Resolution No. 216-02), a Master Tentative Parcel Map (Tract 7892) (Planning Commission Resolution 02-40); a Planned Development District Rezoning including a Stage 1 Development Plan (Ord. No. 21-02); vesting tentative parcel map 7893 that would create the parcels on which the Project would be constructed (Planning Commission Resolution 04-65); a Stage 2 Development. Plan (Ord. No. 02-05); and Site Development AReview and vesting tentative map 7929 Plannin Commission Resolution No. ~.~~:Y_~.~~;~ . ( g ~ ~ ) All such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the "Project Approvals." G. Development of the Property by Developer may be subject to certain future discretionary approvals, which, if granted, shall automatically become part of the Project Approvals as each such approval becomes efFective. H. City desires the timely, efficient, orderly and proper development of the Project. I. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. J. 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. K. The City Council finds pursuant to the California Environmental Quality Act(CEQA) that the Project is exempt from CEQA pursuant to Government Code Section 65457 for residential projects that are consistent with a Specific Plan for which an EIR was certified. L. On ~„~~~~ ~w , the City Council of the City of Dublin adopted Ordinance No. ~~~~~~ approving this Development Agreement (°the Approving Ordinance"). The Approving Ordinance will take effect on .~„_~Q~x.~~~~~Q~ ("the Approval Date"). 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 Dublin/Avalon Bay Communities, Inc. Development Agreement Page 3 of 16 for the Dublin Transit Center Site C Project ~ ~~ 1. Description of Propert rL. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. Interest of Developer. The Developer has a legal or equitable interest in the Property in that it has the right to purchase the Property under the Purchase and Sale Agreement. 3. Relationship of Citv and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 4. Effective Date and Term. 4.1 Effective Date. The effective date of this Agreement shall be the date ("the Effective Date") upon which a grant deed conveying the Property from COUNTY to DEVELOPER is recorded in the Official Records of Alameda County. DEVELOPER shall submit to CITY in writing proof of recordation within 30 days of the recording date. This Agreement shall automatically terminate without any further action of the Parties upon the happening of either of the following: (a) If a grant deed conveying the Property from COUNTY to DEVELOPER is not recorded within 12 months of the Approval Date: or (b) If the Purchase and Sale Agreement is terminated for any reason (and upon DEVELOPER's providing satisfactory of evidence of such fact to CITY). 4.2 Term. The term of this Agreement shall commence on the Effective Date and extend five (5) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the PropertLr. 5.1 Riqht to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of~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. Such amendments, such as to Site Development Review or Dublin/Avalon Bay Communities, Inc. Development Agreement Page 4 of 16 for the Dublin Transit Center Site C Project a~ ~~ ~ Tentative Map project approvals, once effective shafl become part of the law Developer is vested into without an additional amendment of this Agreement). Notwithstanding the foregoing or anything to the contrary herein, any amendment to the General Plan, Specific Plan and PD zoning applicable to the Property and in effect on the Effective Date shall not become part of the law Developer is vested into under this Agreement unless an additional amendment of this Agreement is voluntarily entered into between Developer and City in accordance with State and City laws. 5.2 Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by the City) and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals (subject to the provisions of Section 5.1). 5.3 Additional Conditions. Provisions for the following ("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1 Subsequent Discretionary Approvals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. (These conditions do not affect Developer's responsibility to obtain all.other land use approvals required by the ordinances of the City of Dublin other approvals from regulatory agencies.) See Exhibit B 5.3.2 Mitigation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. See Exhibit B 5.3.3 Phasing, Timinq. Provisions that the Project be constructed in specified phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. See Exhibit B 5.3.4 Financing Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B Dublin/Avalon Bay Communities, Inc. Development Agreement Page 5 of 16 for the Dublin Transit Center Site C Project aa ~.~ 5.3.5 Fees, Dedications. Terms relating to payment of fees or dedication of property. See Exhibit B 5.3.6 Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. See Exhibit B 5.3.7 Miscellaneous. Miscellaneous terms. See Exhibit B 6. Applicable Rules, Requlations and Official Policies. 6.1 Rules Reqardinq Permitted Uses. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the Approval Date of the Agreement. 6.2 Rules Regarding Design and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications~applicable to the Project shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the date of this Agreement. Ordinances, resolutions, rules, regutations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable discretionary approval, whether date of approval is prior to or after the date of this Agreement. 6.3 Uniform Codes Applicable. The Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time the Developer submits its application for the appropriate building, grading, encroachment, or other . construction permits for the Project. 7. Subsequently Enacted Rules and Requlations. 7.1 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 of this Agreement and the Project Approvals and which are not in conflict with those applicable to the Property as set forth in this Agreement Dublin/Avalon Bay Communities, Inc. Development Agreement Page 6 of 16 for the Dublin Transit Center Site C Project a3 a.~3 ~ if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden on, or materially delay development of the Property as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules, regulations or official policies have general applicability. Consistent with Government Code Section 66498.2 (applicable to vesting tentative maps), in the event City subsequently changes its ordinances, policies or standards during the term of this Agreement, such changed ordinances, policies, or standards shall automatically apply to secure the vested right for Developer to proceed with the Project under such changes, provided Developer notifies City in writing that it elects to apply such changes and clearly specifies such changes to the City's ordinances, policies and standards. 7.2 Approval of Application. Nothing in this Agreement shall prevent - the City from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequeat actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. ~ 7.3 Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development or a voter- approval requirement which affects the Project on all or any part of the Property, the 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 § 8558. 7.4 Riqhts under Vesting Tentative Map. Notwithstanding anything to the contrary contained herein, this Agreement shall not supersede any rights Developer may obtain pursuant to City's approval of the vesting tentative map for the Project. 8. Subseauentlv Enacted or Revised Fees, Assessments and Taxes. 8.1 Fees, Exactions, Dedications. The City and Developer agree that the fees payable and exactions required in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Specific Plan shall be those set forth in the Project Approvals and in this Agreement (including Exhibit B). The City shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement or facilities, shall not increase or accelerate existing fees, dedications of land or construction of public improvements; or impose other exactions in connection with any Dublin/Avalon Bay Communities, Inc. Development Agreement Page 7 of 16 for the Dublin Transit Center Site C Project a~ ~3 ~ subsequent discretionary approval for the Property, except as set forth in the Project Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5). 8.2 Revised Application Fees. 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; (2) the application of such fees to the Property is prospective only; and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. 8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply 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. 8.4 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by the City pursuant to any statutory procedure for the assessment of property to pay for infrastructure andlor services which benefit the Property. 8.5 Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Artic4e XIIID of the Constitution and Developer does not return its ballot, Developer agrees, on behalf of itself and its successors, that the City may count Developer's ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1 Modification Because of Conflict with State or Federal Laws. 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 faw or regulation. Any such amendment or suspension of the Agreement shall be subject to approval by the City Council in accordance with Chapter 8.56. 9.2 Amendment bv 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 State law and Chapter 8.56. 9.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding paragraph 9.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted uses of the Property as provided in paragraph 5.2; (c) provisions for "significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms; restrictians or requirements for subsequent discretionary actions; (e) the density Dublin/Avalon Bay Communities, Inc. Development Agreement Page 8 of 16 for the Dublin Transit Center Site C Project a5 a.~.3 or intensity of use of the Project; (fl the maximum height or size of proposed buildings; or (g) monetary contributions by Developer as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or 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". 9.4 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 Chapter 8.56. Any.fees paid pursuant to Paragraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by the City. 10. Term of Project Approvals. Pursuant to California Government Code Section 66452.6(a), the term of any vesting tentative map described above shall automatically be extended fbr the term of this Agreement. The term of any other Project Approval shall be extended only if so provided in Exhibit B. 11. Annual Review. 11.1 Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2011 and thereafter between each July 15 and August 15 during the Term. 11.2 Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty (30) days' written notice that the City intends to undertake such review. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 11.3 Staff Reports. To the extent practical, the City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 11.4 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. 12. Default. 12.1 Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are Dublin/Avalon Bay Communities, Inc. Development Agreement Page 9 of 16 for the Dublin Transit Center Site C Project ~~ ~ g ~ ~ not otherwise provided for in this Agreement or in the City's regulations governing development agreements, expressly including the remedy of specific perFormance of this Agreement. 12.2 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. If the default is not cured by the defaulting party within thirty (30) 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 (30) 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 (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3 No Damaqes 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. 13. 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 (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. Gity 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 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. 14. Mortqaqee Protection; Certain Riahts of Cure. 14.1 Mortqaqee 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, incfuding 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 Dublin/Avalon Bay Communities, Inc. Development Agreement Page 10 of 16 for the Dublin Transit Center Site C Project a~ ~3 ~ trust beneficiary or mortgagee ("Mortgagee") who acquires fiitle to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.2 Mortqaqee Not Obliqated. Notwithstanding the provisions of Section 14.1 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. 14.3 Notice of Default to Mortqagee and Extension of Riqht 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 clai'm 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 (60) days upon request of Developer or a Mortgagee. 15. Severabilitv. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreeme'nt shall not render the other provisions unenforceable, invalid or illegal. 16. Attorneys' Fees and Costs. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shalf cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys' fees expended by the City in defense of any such action or other proceeding. Dublin/Avalon Bay Communities, Inc. Development Agreement Page 11 of 16 for the Dublin Transit Center Site C Project ~ ~83 ~ 17. Transfers and Assianments. 17.1 Riqht 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 may 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: 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 or delayed. Notwithstanding the foregoing, provided notice is given as specified above, no City approval shall be required for any transfer, sale, or assignment of this Agreement to: 1) any entity which is an affiliate or subsidiary of Developer; 2) any Mortgagee; or 3) any transferee of a Mortgagee. 17.2 Approval and Notice of Sale, Transfer or Assignment. The City Manager shall consider and decide on any transfer, sale or assignment within ten (10) 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 the 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. 17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Paragraph 17.1 of this Agreement, Developer shall be 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. 17.4 Developer's Riqht to Retain S~ecified ~Riqhts or Obligations. Notwithstanding Paragraphs 17.1, 17.2 and 17.3 and Paragraph 18, Developer may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Developer shall 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 Dublin/Avalon Bay Communities, Inc. Development Agreement Page 12 of 16 for the Dublin Transit Center Site C Project ~ ~8~3 ~ 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. 17.5 Termination of Aqreement Upon Sale of Individual Lots to Public. Notwithstanding any provisions of this Agreement to the contrary, the burdens of this Agreement shall terminate as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the purchaser or user thereof and thereupon and without the execution or recordation of any further document or instrument such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is constructed on such lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall terminate as to such lot. • 18. Aqreement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon 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 servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 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 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. 19. Bankruptcy, The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. 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 the Dublin/Avalon Bay Communities, Inc. Development Agreement Page 13 of 16 for the Dublin Transit Center Site C Project ~~, ~~ ~r 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. 21. Insurance. 21.1 Public Liability and Property Damaqe Insurance. During the term of this Agreement, Developer shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar ($100,000) self insurance retention per claim. 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. 21.2 Workers Compensation Insurance. During the term of this Agreement Developer shall maintain Worker's Compensation insurance for all 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. 21.3 Evidence of Insurance. Prior to City Council approval of this Agreement, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 21.1 and 21.2 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. 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. 22. 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. 23. 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: Dublin/Avalon Bay Communities, Inc. Development Agreement Page 14 of 16 for the Dublin Transit Center Site C Project 3 s ~~3 ~ City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Avalon Bay Communities, Inc. Stephen W. Wilson Executive Vice President Avalon Bay Communities, Inc. 400 Race Street, Suite 200 San Jose, CA 95126 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 48 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 which shall be deemed given upon verification of receipt. 24. Aqreement is Entire Understandinq. This Agreement constitutes the entire understanding and agreement of the parties. ~ 25. 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 Exhibit B Additional Conditions 26. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 27. Recordation. CITY shall record a copy of this Agreement within ten days of DEVELOPER providing CITY notice that a grant deed conveying the Property from COUNTY to DEVELOPER is recorded in the Official Records of Alameda County. Dublin/Avalon Bay Communities, Inc. Development Agreement Page 15 of 16 for the Dublin Transit Center Site C Project ~ ~~ [Execution Page Follows] Dublin/Avalon Bay Communities, Inc. Development Agreement Page 16 of 16 for the Dublin Transit Center Site C Project 33 ~ ~ ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN By: ~-t Joni Pattillo, City Manager Attest: DEVELOPER Avalon Bay Communities, Inc., a Maryland Corporation By: Stephen W. Wilson Its: Executive Vice President Caroline Soto, City Clerk Approved as to form John Bakker, City Attorney 1476969.10 (NOTARIZATION ATTACHED) Dublin/Avalon Bay Communities, Inc. Development Agreement Page 17 of 16 for the Dublin Transit Center Site C Project CALIFORNIA ALL-PURPUSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of s~o4 ~+ ~'~- On 3- Z- ~ r before me, personally appeared m. fs~~~ ~/~-, i (Here insert name and title of the officer) 'ev, ~, l,tJI~~SO~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name s)~are subscribed to the within instrument and knowledged to me that~she/they executed the same i s/her/their authorized capacity(ies), and that by is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -. STACEY M. ESTRADA ESS my hand and official sea1. y?~ ,_ ': COMM. #1742690 m /, ~ W -,m . Notarypublic-Califomia N , ~% : sar~rn cuw, couNrv -` " (Notary Seal) ~ - " ' " "' ~ Signahu~e of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Titfe or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) , ~ ^ Corporate Officer (Title) ^ Partner(s) ^ Attomey-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgrnent completed in California mvst contain verbiage exactly as appears above in the notary section or a separate acknowledgment form musi be properly completed and attached to that document. The only ezception is if a document is to be recorded outsrde of California. In such instances, any alternatrve acknowledgment verbiage as may be prirrted on'suoh a'dociirirenf'so'long as the verbiage does not require the notary to do something that is rllegal for a notary in California (r.e. certrfying the authorized capacity of the signer). Please check the docwnent carefully for proper notarial wording and anach thir form rf required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. • The notary public must print his or her name as it appears within his or her commission'followed by a wmma and then your tifle (notary public). • Print the name(s) of document signer(s) who personally appeaz at the time of notarization. • Indicate the coirect singular or plural forms by crossing off incomect forms (i.e. ke/shel~ey- is /ese ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression'must be clear and photographically reprodueible. Impression must not cover te~ct or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different aclmowledgment fortn. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional inforntation is not requued but could help to ensure. this acknowledgment is not misused or attached to a different 3ocument. . Indicate title or type of attached document, number of pages and date. . Indicate the capacity clauned by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secreta.ry). • Securely attach this document to the signed document , ~ ~ 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com ~5 ~3 Exhibit A Legal Description of Property PARCELS 2 AND 3 OF PARCEL MAP 7893 AS FILED FOR RECORD ON AUGUST 1 2008 RECORDER'S SERIES NUMBER 2008233401 IN BOOK 308 OF PARCEL MAPS AT PAGES 64 THROUGH 67 ALAMEDA COUNTY RECORDS, CALIFORNIA ~~ ~3 EXHIBIT B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. Subparaqraph 5.3.1 - Subsequent Discretionarv Approvals None. Subparaqraph 5.3.2 - Mitiqation Conditions Subsection a. Infrastructure Sequencinq Proqram The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: Sidewalk and Landscape Improvements The project-specific sidewalk and landscape improvements identified in Commission Resolution No. approving Site Development Review and vesting tentative map 7929 (the "SDR Resolution") shall be completed by Developer to the satisfaction and requirements of the Public Works Director at the times and in the manner specified in the SDR Resolution unless otherwise provided below. (ii) Sewer: All sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shall be completed in accordance with DSRSD requirements. (iii) Water: An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with the tentative map conditions of approval to the satisfaction and requirements of the City's fire department. All potable water system components to serve the project site shall be completed in accordance with the DSRSD requirements. Recycled water lines shall be installed in accordance with the tentative map conditions of approval. (iv) Storm Drainaqe: Dublin/Avalon Bay Communities, Inc. Development Agreement Page 1 of 5 for the Dublin Transit Center Site C Project-Exhibit B v7 ~3~ The storm dr.ainage systems off-site, as well as on-site drainage systems for the areas to be occupied, shall be improved consistent with the tentative map conditions of approval and to the satisfaction and requirements of the Dublin Public Works Department applying the City's and Zone 7(Alameda County Flood Control and Water Conservation District, Zone 7) standards and policies which are in force and effect at the time of issuance of the permit for the proposed improvements. Pursuant to Alameda County's National Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board, or pursuant to subsequent permits adopted by the Board, all grading, construction and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. telephonel: (v) Other Utilities (e.q. qas, electricity, cable televisions, Construction shall be completed by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy for the Project. Subsection b. Miscellaneous (i) Completion Mav Be Deferred. Notwithstanding the foregoing, the City's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the Public Works Director that assures completion, allow Developer to defer completion of discrete portions of any public improvements for the Project if the Public Works Director determines that to do so would not jeopardize the public health, safety or welfare. Subparaqraph 5.3.3 - Phasinq, Timinq This Agreement contains no requirements that Developer must initiate or complete development of the Project within any period of time set by the City. 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. Dublin/Avalon Bay Communities, Inc. Development Agreement Page 2 of 5 for the Dublin Transit Center Site C Project-Exhibit B ~~ ~3 Subaaraaraah 5.3.4 - Financina Plan Developer will install all improvements necessary for the Project at its own cost (subject to credits for any improvements which qualify for credits as provided in Subparagraph 5.3.6 below). Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project will be made available by the Dublin San Ramon Services District. If so required by Dublin San Ramon Services District, Developer will enter into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above. Subparaqraph 5.3.5 - Fees, Dedications Notwithstanding anything to the contrary in this Subparagraph 5.3.5 or this Development Agreement, Developer shall pay any fees required by Subsections a-g at the time such fees are due under the resolutions and/or ordinances establishing and/or amending such fees. Subsection a. Traffic Impact Fees. Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF") established by Resolution No. 40-10, including any amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits and in the amount of the impact fee in effect at time of building permit issuance. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freewav Interchanqes. Developer shall pay the Eastern Dublin I-580 Interchange Fee in the amounts and at the times set forth in Resolution No. 155-98 and by any resolution which revises such Fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection c. Public Facilities Fees. Developer shall pay a Public Facilities Fee established by City of Dublin Resolution No. 214-02, including any amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of.building permits. Subsection d. Noise Mitiqation Fee. Dublin/Avalon Bay Communities, Inc. Development Agreement Page 3 of 5 for the Dublin Transit Center Site C Project-Exhibit B ~ ~/ ~~ ~1 Developer shall pay a Noise Mitigation Fee established by City of Dublin Resolution No. 33=96, including any amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection e. School Impact Fees. School impact fees shall be paid by Developer in accordance with Government Code section 53080 and the agreement between Developer or its predecessor in interest'and the Dublin Unified School District regarding payment of school mitigation fees. Subsection f. Fire Facilities Fees. Developer shall pay a fire facilities fee established by City of Dublin Resolution No. 12-03 including any amendments to such fee that may be in effect at the time of issuance of building permits. Developer will pay such fees no later than the time of issuance of building permits. Subsection q. Tri-Vallev Transportation Development Fee. Developer shall pay the Tri-Valley Transportation Development Fee in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any resolution which revises such fee. Developer will pay such fees no later than the time of issuance of building permits and in the amount of the impact fee in effect at time of building permit issuance. Subparaqraph 5.3.6 - Reimbursement Subsection a. Traffic Impact Fee Improvements - Credit The City shall provide a credit against Eastern Dublin Traffic Impact Fees to Developer for those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the Developer in their ultimate location. All aspects of the credit shall be governed by the TIF Guidelines. Subsection b. Traffic Impact Fee Riqht-of-Wav Dedications - Credit The City shall provide a credit against Eastern Dublin Traffic Impact Fees to Developer for any TIF area right-of-way to be dedicated by Developer to the City which is required for improvements which are described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines. Dublin/Avalon Bay Communities, Inc. Development Agreement Page 4 of 5 for the Dublin Transit Center Site C Project-Exhibit B ~~ ~3. ~ Subparaqraph 5.3.7 - Miscellaneous Subsection a. Compliance with Incfusionarv Zoninq Requlations. The City's Inclusionary Zoning Regulations ("the Regulations") provide that developers of 20 or more residential units are required to construct, subject to certain exceptions, at least 12.5% of the units within the project as "affordable units." The Regulations specify that units in rental projects are deemed affordable when the developer has recorded a regulatory agreement that establishes rent restrictions that ensure the affordability of the restricted units ("the rent-restriction requirement") and that restricts the occupancy of the ~ affordable units to, as the case may be, very low-, low-, and moderate-income households ("the occupancy requirement"). The Transit Center Approvals specified the manner in which the Transit Center as a whole would comply with the Regulations and specified that the Froject would be required to include 10% moderate-income units. While the Project was being processed, Developer asserted that Civil Code section 1954.52 prevents the City from enforcing the rent-restriction requirement on the Project. The City does not agree with Developer's assertion, but in order to avoid a dispute with Developer the City agreed to refrain from enforcing the rent-restriction requirement on the Project. Accordingly, the Project was conditioned to eliminate the rent-restriction requirement, if the Council approves a waiver of the requirement under Section 8.68.040 E. of the Regulations. The City Council hereby finds pursuant to Section 8.68.040.E of the Regulations that this alternate method of compliance with the Regulations meets the purposes of the Regulations because the occupancy requirement and market forces will effectively reduce the rents that Developer will be able to charge for the affordable units in tfie Project to an amount that is affordable to moderate-income households and because market rents for units similar to the units in the Project are currently less than the restricted rents for moderate-income units under the Regulations. Based on this finding, the City Council hereby waives the rent-restriction requirement for the Project and approves the alternate method of compliance proposed by Developer. Dublin/Avalon Bay Communities, Inc. Development Agreement Page 5 of 5 for the Dublin Transit Center Site C Project-Exhibit B y ~ ~~ RESOLUTION NO. 11 - 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW AND VESTING TENTATIVE TRACT MAP 7929 FOR AVALON BAY COMMUNITIES, SITE C, DUBLIN TRANSIT CENTER (APN 986-0054-005-02) PA 06-060 WHEREAS, the Applicant, Avalon Bay Communities, submitted applications for an area of approximately 7.21 acres known as Dublin Station, Site C within the Dublin Transit Center (PA 06- 060) and the Eastern Dublin Specific Plan Area; and WHEREAS, the project site generally is located north of the East Dublin BART Station, east of ' Iron Horse Trail, generally west of Iron Horse Parkway, and immediately south of Campbell Green within the previously approved Dublin Transit Center; and , WHEREAS, the Dublin Transit Center project (PA 00-013) was approved by the City Council on December 3, 2002, by.Ordinance 21-02 adopting a PD-Stage 1 Planned Development. The Stage 1 Planned Development Rezone provided for various land uses including the development of 1,500 units; and ~ WHEREAS, the Applicant has applied for a Stage 1 Development Plan amendment and Stage 2 Development Plan in accordance with Dublin Zoning Ordinance, Section 8.32; and WHEREAS, the Planning Commission, at their meeting of September 14, 2010, reviewed a 486 unit project on this site including a Stage 1 Development Plan Amendment and Stage 2~ Development Plan, Site Development Review, Vesting Tentative Tract Map 7929 and a Development Agreement; and WHEREAS, The Planning Commission approved the Site Development Review and Vesting Tentative Tract Map 7929 and recommended the City Council adopt an ordinance amending the Stage 1 Development Plan and approving the Stage 2 Development Plan and an Ordinance approving the Development Agreement; and _ ;: ~ WHEREAS, the ~Applicant has applied for Site Development Review and Vesting Tentative Tract Map for 505 residential units on Site C of Dublin Transit Center; and WHEREAS, the complete application submitted is available and on file in the Community Development Department; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project proposes to transfer 100 units from Dublin Transit Center Site A to Site C. The sites are Page 1 of 25 ATTACHMENT 4 ~~ . ~~ designated High Density Residential and have been planned for intensive urban re idential development in the General Plan and Eastern Dublin Specific Plan. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395) which was certified by City Council Resolution No. 215=02 dated November 19, 2002. This recommendation is based on a determination that there are no substantial changes to the project or its circumstances, and no substantial new information that would require preparation of a Supplemental EIR; and WHEREAS, the Planning Commission did hold a public hearing on said application for this project on March 22, 2011; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Site Development Review and Vesting Tentative Tract Map subject to the findings and conditions contained herein; and ~ WHEREAS, the Planning Commission did hear and use their independent judgment and .. considered the Dublin Transit Center EIR, and~ all said reports, recommendations, and testimony . ; : hereinabove-.set forth: ;. ' : ' ~ : ~ . ; NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the folfowing findings and determinations for the Site Development Review: Site Devel_opment Review A: The proposal is consistent with the purposes of this Chapter, with the General Plan: and with any applicable Speci~c Plans and design guidelines in that: The proposed site design: ~ for the development of the Dublin Station project, as conditioned, is consistent with Chapter 8.104 of the Dublin Zoning Ordinance, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, the Stage 1 Planned Development zoning as amended, the Stage 2 Development Plan, and with all other requirements of the Dublin Zoning Ordinance in that it will create housing opportunities; and provide additional landscape amenities and areas to congregate at the Transit Center. ~ . B.. . The proposal is consistent, with the provision of Title 8, Zoning Ordinance, Chapter. 8.104, Site ~Development ~ Review of the Dublin Zoning Ordinance in that it provides a~ well designed project in r`elation to BART, other development in the area, and the Campbell Green. C. The design of the project is appropriate to the City, the. vicinity, surrounding properties, and the lot on which the project is proposed because it is within the context of development in the area; it is consistent with the Dublin Transit Center area development, and continues with impfementation of the plan adopted with Stage 1 Planned Development Rezone Amendment by coordinating improvements, circulation, and housing opportunities with the adjacent properties. D. The subject site is physically suitable for the type and intensity of the approved development because it provides high-density housing, continues the envisioned Page 2 of 25 ; ~: ~3 ` development pattern for the Dublin Transit Center which is within the. recommended ensity for the site. Further, the site is relatively flat and the residential project and its density take advantage of the site's location adjacent to the BART station. E. Impacts to the existing s/opes and topography are addressed as the site is predominately flat and drainage has been accommodated into an underground collection system and conveyed away from the property. F. Architectural considerations, including the character, scale and quality of the design, sife layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and co/ors, and similar elements resu/t in a project fhat is harmonious with its surroundings and compatible with other development in the vicinity, have been incorporated into the project, and as conditions of approval, in order to ensure compatibility with the design concept or theme and the character of adjacent buildings within and adjacent to the project. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public. , H.- The .. site.. has been adequately .designed to ensure proper circulation for.:: bicyclists, .. . pedestrian,: and automobiles. . .f ~ ~ ~ : ~ °` , - •. BE IT FURTHER. RESOLVED that the Planning Commission of the City of Dublin hereby ~: approves. the Site Development Review with the following conditions. This approval is based on ~- findings that the proposed Site Development Review is consistent with the Master Vesting Tentative . Tract Map, the Amended Stage 1 Planned Development Rezone Amendment for the Dublin Transit Cente~ area, Stage 2 Development Plan, General Plan, and Eastern Dublin Specific Plan.. This approval shall . conform : generally to . the plans prepared by GGLO Architects, the Guzzardo -; , Partnership,: Inc., BKF Engineers and IPD Parking Consultants, dated received March 15, 2011~,: Avalon Dublin Station,. Site C, Stage 2 PD/SDR Submittal Avalon Bay Communities, Inc., consisting _~ of the packages, sheets, booklets, and plans on file with the Community Development Department and the Applicant's written statement. CONDITIONS OF APPROVAL Unless stated. otherwise, all .Conditions..of Approval shall be complied with prior to the issuance of building permits, establishment of use, approval of final map or filing of parcel map, etc., and shall be subjeet to Planning Division review and approval. The foflowing codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PUV] Public Works; [CM] City Manager's Office; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7) Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS) California Department of Health Services. Page 3 of 25 ~1 `7 ~ a'~~~ ' ~~'~„`~= 4~~ ~ - ~O~DITiON TEXT 3~ ~ -~ €~-~ ~~ ~ - - ` ' Respan ~ `,~Vl~l~en ~~~r " ' ;s Sourc~e~~~ a ' ' A _t~~ r # sr i r -. ~ s. -~- tr r ~ .,~~ ~`~ ~~ ~ ~~ ~~ ~ { ~'~~_%+~ ~ L~. Y ~ W,~~~'Sd~~9a+- -~ h ~~ s~~ • X j~ > ~l'1~,~~{if~ ~ ~ 3 : ~~y4yQ s ~ ~- ~~.~~,! )~iq~~~'~-~-• #~ tz Y t~f o ~ ~l~~, ,~ 2f~ '3°I,, ~~zy~ ~ y~+.' r ~ ~ zl ~ ~ ~ `~~F P~ ~ ~ w . I ~ = ~' ~a ~ m~ ~ .. ~ ~~ F ~; ~ ~ ~ 4~ ;~', ~_ ~, ~ : ,r z Prior~ta c ~ ~~~~'~ ~~ ~ ~,'~:i ~; ~~ ~ ., ;<GEf ...:.. ~ ~„ ~~ , t ~ ~ .3., , , . ~ } VERAL~ ~~51TEmDEUELOPIVIENT.RE~IEtitf~- ~ ~~~,_ _ ..,»... .. . xv1A1N}: ~LL ~`-~~~I~ik,ii~'4~~ .._ . ..~ ~ .._~r.~~~w~~XA ~~.~ , ~~.tSi^~~APe%~&Ff~~~,~ `;Y~. ~ , v.K ~~m,7 . .~ ~~'In,',. ..~€. ay~;~~l~. _ ~"~" . . e: .. 1. Approval. This Site Development Review approval for PL On-going Planning Dublin Transit Center, Site C (Avalon Bay Communities), PA 06-060, establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review shall conform generally to the project plans submitted by GGLO Architects, dated March 15, 2011, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. The approval of this Site Development Review is subject to the City Council approval of .the Stage 1 Development Plan Amendrnent .and Stage 2 Development Plan. This approval supersedes and replaces Resolution 10-43 ~ approving the Site Development Review and Vesting Tentative Tract Ma 7929: :.. ~ ~~ : 2. Effective Date. : This ~ Site . Development Review PL . Approval of. ~.., aDMC approval is contingent upon the approval of the related related 8.32:030. Stage 1:Development Plan Amendment and Stage 2 entitlements: ' B ~~ Development Plan. If the Stage 1 and Stage 2 Planned Development zoning is not approved this Site Development Review approval shall become null and ~ ~ void. ~ 3. Permit Expiration. `' Construction or use ~ shall PL Two years DMC commence within~ finro (2) years of Permit.approval or from permit 8.96.020. . the Permit shall ' lapse and become nul6 and void. approval ~ D Commencement of construction or use means the actual construction or use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter.. -Such a. determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires; a new application must be made and processed according to the re uirements of this Ordinance. ~ 4. Time Extension. The original approving decision- PL Two years DMC maker may, upon the ApplicanYs written request for an from permit 8.96.020. extension of approval prior to expiration, and upon the approval E determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearin or ublic meetin shall be held as re uired b Page 4 of 25 ~S~ ~ 83, ~~ ~~ r~~}~ ~~ CONDITION'~TEXT~~° ~ Ey~~ ~ ~ : ~~~ f~' '~It J r 1~ ; ~,R~Spon ~ ': ' Wher~ ~ . IY urC~e~ . }~~; ~ ~# ~ I~ lk ~ .-3 { _ i ''u . ~I~ 1 I ,~µ~~. ~ ~ ,~ ~ t ~ ~~~~~~'k~~ ~ z ~~~~,~~~~ __ I th~ N C~d F~ 5 i ~' ~ Ag~n~cy~~ ?f '~ ,~ ~~~ Rec~ tl~ ~~y~~~ 1.., f t 4S" ~,~~ ~~ °~ ~ :. .. , . _. ~ ~ ~~ ~~ 'ti= ~„~ r ~ 1r s~ m. . . ..: ~ ,,k .~. ' ._... ~ .w . . . r~.. ~.~:~ ,~ ., ~ _.. _ rn_-~~:. : 3, . _., . ~ ~ ~ y~ ,. . .~ . ~ ~ -~; i~~ ,~Cl~t ~O ~':~~i14 P a ,..~__ -.~..~:~~. ~~ ~ ~~ ~ ~ .~, r, ~;. ~.~, the articular Permit. 5. Permit Validity. This SDR approval shall be valid for PL On-going DMC the remaining life of the approved structure so long as 8.96.020. the operators of the subject property comply with the F ro'ect's conditions of a roval. 6. Revocation of permit. The Site Development Review PL On-going DMC approval shall be revocable for cause in accordance 8.96.020. with Section 8.96.020.1 of the Dublin Zoning Ordinance. I Any violation of the terms or conditions of tfiis permit shall be sub'ect to citation. 7. Requirements and Standard Conditions. The Various Building Standard Applicant/ Developer shall comply with applicable City Permit of Dublin Fire Prevention Bureau, Dublin Public Works Issuance Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone ~ 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San ~ ~ .Ramon Services~District and the Califomia Department ~. of: Health~~ Services. requirements and . standard -- . ., conditions. Prior to issuance of building: permits. or the ~~ installation of any improvements related to this project, - the Developer ~ shall' supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions re uired have been or will be met. ~ 8. Required Permits~. ` Developer shall~ obtain all permits PW Building Standard required by other agencies incfuding,. but not limited to Permit ~ Alameda County Flood Control and Water Conservation Issuance District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the ermits to the Public Works De artment. • 9. Fees. Applicant/Developer shall pay all applicable fees Various Building Various in effect at the time of building permit issuance, Permit including, but not. limited to, P,lanning. fees, Building Issuance . fees, Traffic Impact Fees, MC fees, Dublin San ~ Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire ~ Facilities .Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be ado ted and a licable. 10. Indemnification. The Developer shall defend, ADM Admin indemnify, and hold harmless the City of Dublin and its /City agents, officers, and employees from any claim, action, Attorney or proceeding against the City of Dublin or its agents, officers, or em lo ees to attack, set aside, void, or Page 5 of 25 / ~~ ~~~ ~ ~ h~' CON'DIT[t?N T~X'C ~~ ~ ` j E~e~~son~~ , ~ ~ When ~~~ ;~ Sa rce ,: 'S~„ r, #a ~~,~~ : ~.r ~ "' ~ ~ t1~ , ~. ~. ~, ~ ~ ~ ~ ~ ~ ~. ~ ~gE ~' 2 ~ ,~-gencY~ '~' ~ _ '~'T' a 'sa~ ~ ~'~q ~ ~~ h ~ ~ z z ':'~:, ~ ~ ~ ~ '~ ~ ~ ~ ~„ z ~ ~ ~ ~~~ ~-,~--~. ~, ~ ~ ~ ~ ~ F ~~~. ~ ~,r~ ~ ~ ~ ~~ -~ ~~, ~ x ~ ~ ~ ? ~ ~ ~ ,E'~t~r~~ ~ g~ ~ ~ ~ ~. : ~ ~Prior tc~~~ ~ ~ ~ e ~~ ~ ~. ~ ~ __~. ~ .:_~~. . ..a ~ ..,,.,1,._ . ... ., - w,~ _ .... :~ ~ ... ~,~ ~~. ,4. R ,. ,:. , ,:.~ ..~ _.. . . ,., .~~ _ . r ~. . ~ ~.~, ., ~ . .. „ ~. ~.: annul an approval of the City of Dublin or its adVisory ~ agency, appeal board, Planning Comniission, City I~ Council, Community Development Director, Zoning ', Administrator, or any other department, committee, or ', agency of the City related to this project to the extent ' such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. 11. Clean-up. The Applicant/Developer shall be PL On-going Planning responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 12. Modifications. Modifications or changes to this Site PL On-going DMC Development Review approval may be considered by ~.: ~ 8,104.10 ~ the . .Community . Development Director if the ~f; ~ , ..' 0 . modifications or changes proposed comply with Section ~ ~. , 8.104.100 of.the Zonin Ordinance. ~ ~~ : 13. Controlling Activities. The Applicant/Developer shall PL ~ On=going . . . control ~all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 14. AccessorylTemporary Structures. The use of any PL: On-going ~ DMC~, accessory or temporary- structures, such as storage -.~ 8:108 sheds or trailer/ container units used for storage or for ~ any other purposes, shall be subject to review and a roval b the Communi Develo ment Director. :~PR , fiRkUIEW~~ OJ ECTwS:F~~~IFIC~ SITE DEVELOPME(~T tk ~'SF ,, ~ ~~~ ~~ :, . .~ ~ ~£ ` ~ ~, '~ ' ~ ~ ~ ~ ~~ ~~~ ; -. ~ :... . .., 'F t v.~.,~." 1... ~.'F P ,r. ....:?.. ~ ..' e.> s .~." v : „ ! ,. f. i. r<.. F . 15. Affordable Housing Agreement. The Applicant shall ADM, PL Issuance of DMC enter into an affordable housing agreement (or a any Project 8.68 regulatory agreement or such other iegal mechanism building including .but not limited to CC&R's, satisfactory to the , ~ permits. ., : :_ City Attomey) with the City to ensure that the affordable units remain affordable for 55 years and that other provisions of Chapter 8.68 of the Dublin Municipal Code (the Inclusionary Zoning Regulations) are satisfied, including provisions relating to priorities in the rental or sale of affordable units as set forth in Section 8.68.050 of the Dublin Municipal Code. Such agreement (or other legal mechanism including, but not limited to, CC&R's) shall be recorded to ensure it has priority over and is not subordinate to any other recorded document affecting the property. Provided that the Council has, . as art of the ro'ect Develo ment A reement befinreen Page 6 of 25 ~~ ~~~` ~` ~'`' "~ { '~~ k~ tC'+DNDITION#TEXT~~~~ ~ : ~ ~ ~ ResYp~on ~ When ~ ~~ 'Sburc~9 ~ ~ - ~ „ ~~ ~ ~ ~ ~ ~. ~~ s R I~ A~a, .: ~ ~ ~ : ~Y sia~r~~ , i <l~ ~'~ ,~ ~ ~ ~ ~ Agency;~ ~ ~ i~ ix? } , F~~q'cl ~~~ ~~n' ~ ~ ~4 ~~ , ~~ . " r ~~~ : ~ ~ ~ , ~ ~ . a ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ? ~ ~ ~~ ~~~;~ ~ ~ ~,~~, r ~4 - ~ _ ` ' ~ ~ ~s ~ ~~, ~ '~4 ~ ~ rit~r ,, , ~ ~ ~~~~ r ~~ .~ g ~~~;~ ~~ ~ , , .... , ~ , ~,.,., . ~ v ~ . .v=.~,_ ,_ _ , _._. _.,~ _ . , ., ~. ~ .. , , . ,~ . .,~. n ,. . . ~. ~ ... , . : _ . .~ , ~ , . 4 , . , , City and Applicant or other applicable mechanism, approved a waiver under Section 8.68.040.E, the agreement required by this condition, notwithstanding anything to the contrary in the Inclusionary Zoning Reguiations, shail not restrict the rents that may be char ed for the affordable units. 16. Inclusionary Zoning Regulations. The Applicant shall ADM, PL On going DMC comply with all provisions of Chapter 8.68, Inclusionary 8.68 Zoning Regulations of the Dublin Zoning Ordinance except as modified by these conditions of approval and/or an ado ted Develo ment A reement. 17. Inciusionary Zoning Requirements. The Applicant/ PL Through Ord.05- Developer shall provide a minimum of 10% moderate Completion 03 income units of the total units actually constructed and (Master within the Project. Unit affordability shall be between On going DA) and 80% and 120% of the area median income. Affordable DMC unit types shall be equally dispersed with the same ratio $.68 as market rate units°in accordance with the Inclusionary ~ ~ - Zoning Regulations. ~Any ~'changes; to the affordable. ~° units must first be reviewed and ~ app~oved by the ~" , Director of Communit Develo ment. 18. Mitigation Monitoring Prog~am. The PL On-going Dublin Applicant/Developer shall comply with the Dublin Transit Transit Center EIR Mitigation Monitoring Program Center including all mitigation measures, action programs, and EIR implementation measures on file with the Community ` MMP Develo ment De artment. ~ ~ ~ 19. Sound Attenuation. The Applicant/Developer shall ~ PL Prior to Dublin submit a site specific acoustic report to be prepared by Issuance of Transit qualified acoustical consultants. The acoustic report Building Center shall include detailed identification of noise exposure Permits EIR levels on the individual project site and a listing of Mitigation specific measures to reduce both interior and exterior Monitorin noise levels to normally acceptable levels including but g not limited to ; glazing and ventilation systems, . .- ~ . Program construction of noise barriers and use of buildings to shield noise. 20. Equipment Screening. All electrical and/or PL Through mechanical equipment shall be screened from public Completion/ view. Any roof-mounted equipment shafl be completely On-going screened from view by materials architecturally compatibfe with the building and to the satisfaction of the Communi Develo ment Director. 21. Master Sign Program. A Master Sign Program shall PL Occupancy be applied for and approved for all project related signage including, but not limited to, commun'rty identification si na e, address si na e, directi~nal Page 7 of 25 ~f 8 ~ v'?~~3- _ ~ ..E `~ 3 o-~ ~.. 3 A- : ,vr . `hY~ ~~~ ~ CONDIT[ON TEXT ~ ~ ~ k Respori s" : ~ : ~When`~ ~ ~ ~ ~S rce i~~~ ~ ~ ~ ~ -~ ~ ~ ~ ,~Y ~ F~~~ ~~ ~~~~~-~~ ~ ~, ~ ,~ ~ #,, ' ~ k+~it~ ' ' ` ~ ~ ` € Ag~r~~y ~ R'~q'~[~ ~~ ~ ~ ~ ~ ~~. ' ~ ~ ~ ~ 'I ryk~ ~ ln .d k #z4 x~ . ~ ._ i ~ t~ W41 ~ t ~ ~. ~ I ~ :~MP 4 tl. ~ . ~,r ~ ~ ~ ~ ~ 1 ' ' M ~ ~ ' , .. '!" ~, I a ~ ~4 i. 1 ~~ ~ ~ ~ '~' ' i s' ~`P r't ~' . ~ ya ~ L' ~.I_i ~ . .,w..:. . ~ ~ ~z~ :y ~ , ~, -l~ ,, . ~,.. ,~ . ~ ~ e . .; _...,~.,~w:..,.tr., ~ , v~.~ .. ~,. a ~ , . ,;~. ~~. 1 ~ ,^ , _. . ~~ . LL E~~ . ._ 9 a„ rio ,~~., ,~~ ~.... .~_ ~ ~~ >t . .f , ~..,r ~.~.:' , signage, parking signage, speed limit signage, and other si na e deemed necessa b the Ci . 22. Colors. The exterior paint colors of the buildings are PL Occupancy Planning subject to City review and approval. The Applicant shall paint a portion of the building the proposed color(s) for review and approval by the Director of Community Develo ment rior to aintin the entire structure. .,LA . NDSCi~t?,IIVC ~f "= rea. ~ 1 y ~ ~ e ~+~` ~s i a ~ 7'C C a: "~~ ~s~.'% ~t .}"y,,,r~ ~s ~.' f ..;.~ t b' . . . . i ,_ .. ; ..S .. .. , ,..,, ..~, .,t, . - . r~ -. 4 r ~'b.t r C~,". f;» , . ~k,9 ~ °~, ~'`~~r~' ;~e. X.L'S, ,~~.. .~.. ,~. , _. . `,~+~~ ~ -:: t.,m;n..,.~ S`'~4 , c*~< . .. ,. ~ 23. Final Landscape and Irrigation Plans: Final PL Issuance of DMC Landscape and Irrigation Plans prepared and stamped Building 8.72.030 by a State licensed landscape architect or registered Permits engineer shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally cansistent with the Dublin Transit Center Planned Development Plan and the preliminary landscape plan prepared by The Guzzardo Partnership Inc:, dated March 15, 2011, except as modified by the Conditions listed below and ~ `~' °as re uired b the~Communit Develo ment Director. ~~ 24. Plant Species.~ ~ Plant species `~ shall be selected PL Planning according to use; sun/shade _ location . and space available. The landscape plan should` include plant species that are not salt sensitive. Street trees shall be hi h branchin and roduce minimal litter. 25. Landscaping at Street/Drive Aisle Intersections. PL Planning Landscaping shall not obstruct the sighC: distance ` of ~ ~ motorists, pedestrians, or bicyclists: Except for t~ees, landscaping (and/or landscape .structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the eneral ublic surveillance ca abiiities of the area. 26. Lighting. The ApplicanUDeveloper shall prepare a PL, PW, Planning ~ lighting isochart to the satisfaction of the City Engineer, PO Director of Community Development, , ~ ~the ~° 'Gity's Consulting Landscape Architect and Dublin Police Services. Lighting used after daylight hours shall be ad uate to rovide for securit needs. 27. Street Lights and Trees. Maintain approximately 15' PL Planning clearance between streetlights and street trees. Where such clearance is not practical for design considerations, trees shall be increased to 36" box minimum to reduce the conflict befinreen the lighting and fofia e. 28. Standard Plant Material, Irrigation and Maintenance PL Issuance of DMC Agreement. The Applicant/Developer shall complete Building 8.72.050. and submit to the Dublin Plannin De artment the Permits B . .:~~ Page 8 of 25 ~~ ~~3~. $~~ay~ ~- ~ ~~Cb'NDITION~TEXT ~'~°~~~~~~ ~ .. ~ Responr~ ~~~When ~`-~:r ~ rce~ ~~-So~ - ,~' _i5` I ,~ , '°'I r"0L'^~ ~ '~ Y i .' RR -:: p `' 'F~ .-.~W I ~~{ ~I~'~d~~~~f ~ ~~~IF~{,~ ~ F 9' "R Y3 E~~ ~ - } §' E 4 ~*( 3 ~ k ,,~,k~~ d~~~~€ ~ 4 ~~`q~ ~ ~~ ~} d ~ ~ ~ ! A L W ~p e~ ~T ^I °.€. - ~i~" ~ 5! „1" ~ l ~ '~ 6 ~ 2 7 "~~ ~' L ~ mr r~~r{~~ ;t~~i~ I ~ , ~-~~ency.~ ~i k : I Y' ~',i"~~.~~[~ Req dr ~ ~~~~, ~ ~ .~'' Sy ~ i .y "`7F~ 4~~ ~"+~~'~; ~ ~ ~ ..~ ~.~ rs ,,, -t" i~ ~ ~t ~y "` ~ r j ~ ~ 5. .. ,YC-~- ' ~~ ~- ~„~~ k ~ ~ ~ ' ~ ~ ~~ - ~ ` ~~ ?.¢ !r ~~ , : 7 " ~ ~ ~~ P~i r ~ .,Sr~ ~ , ~ ~'~ ~ _._ t. ~ ~ _ , ~ 1 ~ ~ ,; _ fi , ~ .~ ~ ~. ~. .. _...~~_ ~ ~ .~~~ . .. }_ . _.,_.. . _ . . . ~ . ., , ~ z ~- ~, ~ , ~~ ~ _ . A _. , ~ , , o . . a ~ ~ ~ . _ ~ > _ . Standard Plant Material, Irrigation and Maintenance A reement. 29. Landscaping. ApplicanbDeveloper shall construct all PL Building Planning landscaping within the site and along the project Permit frontage. The on site landscaping shall be to the Issuance satisfaction of the Director of Community Development. ' The frontage landscaping, from the face of curb to the right-of-way, shall be to the design in the Dublin Transit . Center Specific Plan. Street trees within the frontage shall be a minimum 24" box, their exact tree locations and varieties shall a roved b the Ci En ineer. 30. Plant Standards. All trees shall be 24" box minimum, PL Occupancy Planning with at least 30% at 36" box or greater; all shrubs shall be 5 allon minimum. 31. Maintenance of Landscaping. All landscaping PL On-going City vf materials within the public right-of-way shall be Dublin maintained for 90 days and on-site landscaping shall be Standard ; maintained in accordance with the "City of Dublin ~. ~ s Plant ~ ~:Standards ~ Plant Material, Irrigation System - and . . ~ . : Material, , . ~Maintenance Agreement" by the Developer after City- ~ ~ ~ . ~ , . : Irrigation approved installation. This maintenance shall include ~ • . System weeding, the ..application of pre-emergent chemical ~ and. applications, and the replacement of materials that die. ;. Mainten. Any. proposed or modified landscaping to the site, Agrmnt ,. ..including the removal or replacement of trees, shall , .. reguire . prior review and written approval from the ~ ,. Communi Develo ment Director. 32. Water Efficient,- Landscaping Ordinance. The PL Building DMC Applicant/ Developer shall submit written Permit 8.88 documentation to the Public Works Department (in the Issuance form of a Landscape Documentation Package and other required documents} that the development conforms to the Ci 's Water Efficient Landsca in Ordinance. . . :PL , . . . 3 Y , k ~. _... ~,~ .._ r~`~`'4r4F}~. :. 4, ANNINC~:SITE°DEU,ELO,PM,ENT>RE~/tEWr,~~,~~ ~~t~~~ ~~~.. . ~T.'$~ `~' I ~~,~F:.~.,y$~... ys ~4 : r~5,s~-""'~'fi :,~~~~x~~~x~~'.~.:~.~~ .~sa :,~'q7J'T'x''~, ~`T. ~~.....~~~_. :,:F~ ,33 Public Art::.Pr;oject. The Applicant/Developer shall ~ PCS . Prior.to.,frst... ~ Froject _.. acquire and install a public art project with a value of at occupancy Spec~c least $50,000 to be located in the median strip in Campbefl Lane adjacent to its intersection with Iron Horse Parkway. Prior to final occupancy ApplicanbDeveloper shall complete and install the public art. The public art project is subject to the approval of the City Council upon recommendation by the Heritage and Cultural Arts Commission. 34. Peter W. Snyder Plaza: In conjunction with the first CM In ~ Project occupancy of the first building constructed, the conjunction Specific A Iicant/Develo er shall have com leted the ma'ori with first Page 9 of 25 ~~ ~~ ~t3; a z' ~ k CONDITION TEXT ", , 4~' ,~~ Respon ` WhenY ~ fi Sou c:e ~ ~ ~ .~ ~~~ x ,~ ~ ~ ~ ~ r ,,x~ s ~ ~ -~ ~~ ~,~ t ~ ~ Eu~ ~ ~~ ~. ~ ~ ~b ~Agency ~ ~ ~~ ~ ~F ~q,~tl. ,~ ~ { ~~~~~ ~ ~ ~ ~:u. ~ tfi j , ~ ~~;, X . k"~} `~ 3 ~ kt3' i - ~ ~ ~ x j ~ ~ ,~-~ ' ~~ } h ~ P r~r~t~o § ~ ~ .~,~. ~ L ' ~ 5 Y ~' _~y,, fi -t ~'S~ . . ~ ~ . ,~ ._ ~~ ikr.+ ~~. ~ s .,,~ . ~. . ~ .. ~a3..~., v, , . .: . . . , .i ..i.r~ .. ...-,x:: .....: .z'..~c... :~~.t ~- . . . . , ~ ' __ .. .. > . . r a _rc .. . ... ~ of the central plaza located at the intersection of Iron occupancy Horse Parkway and Demarcus Boulevard. Additionally, of the first prior to that first occupancy, the Applicant/developer building shall dedicate the central plaza to Peter W. Snyder and. erect a piaque acknowledging the dedication. The language on the plaque shall be reviewed and a roved b the Ci Mana er rior to instaflation. ~ PU , ~ '~. f ~~ ~'~ i?.xr,,. BI~IC.WQ:RKS ~;SITE~D~~/ELOFI~I~~V~;,t'~EE~Ii~ ~ . . . , , ~. ,. . ,.,. . ' P . fl'.5 '. ,~' f , 4,.. _ y~.~ . r~"Y' S , . T ~"~4, ,~a, . . x~: ~ ~ ..-- .., v Xj ,,. . :'u'H'' ~ * , ,, 35. Tentative Map Conditions of Approval: All applicable PW Final Map Project Conditions of Approval for Tentative Map for Tract 7929 Specific . shall apply to this Site Development Review. The Tract 7929 Map shall record prior to the issuance of a Buildin Permit. 36. Grading / Sitework Permit: Developer shall obtain a PW Site Standard Grading / Sitework Permit from the Public Works Construction Department for all grading and private site ~ improvements. The Developer shal{ provide security to guacantee.the grading and improvements, in an amount - a roved-b the Ci En ineer. ~ ~ ~ ~ ~~ ; - ~~ 37. Parking Garage ~. Access Gates: The geometric FW Garage" .~: ,-Project configuration and circulation for the gated entrances in ~ Buslding , Specific the parking garages shall be designed to the permit ~ satisfaction of the ~ City Engineer. The one-way drives shall be a minimum 11 feet wide. The key access gate '., - shall be _located so that at least one vehicle entering the ..~ - gate does. not block teaffic to or from the public area of .: the ara e. 38. Public Parking: ::The guest parking shatl be combined PW Approval of - ,:Project within the public parking area of the garage. The public garage ~ Specific area of the garage shall not designate or reserve building ~ parking stalls for any use except that seven stalls in permit Garage C1 may be reserved for rental office users during office hours. The public parking areas in the garages shall be limited to a maximum of 2-hour parking,;;7AM-6PM, M:-F.;.. Up to _six spaces in Garage . , x~,,;., ..v:: .. C2 may be limited to 30-minutes. 39. Guest Parking. The Devefoper shall operate the PW On-going Project garage in a manner that allows guests to obtain access Specific and ark in the u er levels of both ara es. 40. Parking Garage: The Parking garage shall meet the PW Approval of Project following requirements: garage Specific building • The guest stalls should be a minimum 9 feet wide permit and 18.5 feet deep. Compact spaces shall not be used. • Compact size parking stalls for the private residential arkin areas ma be a minimum 8.5 Page 10 of 25 ~' ~ ~~~ , ` ` ~' '~ ' ' E ~ONDITION TEXT~y~ ~~ ,~'fh~ F , `} ~ ~ :~,Respon}~ ~- ~ W~tent ~ „~ Sourc'e `f" c y x = 9 ~ ~ Y SRM i4. ; 'r :s ~ ¢ ~ ~G ~' , ~ ~ ~ ~ ~ ~~ f ~ 4 L* Agen~y ~ " Fi ' . ~'i ~ ~ ~d p .a' ~~ ~,~?F3# ~ s`L i`. ,a~,a~~ , , ~r r 3~+z~ + ~ ~~ ~ ~-~1,,~" ~ ~ ~~, ~ .~ , r ,t fi ~" ~ H ~y ~~~- ~ ~ . ~ ~ , , ~~ y~x ~ ~ ~ "~'~ ; to~~ ~r o 4~,, a ~`i ~tl:J~, ~~~~~~ s~.~~~~,~~~~ „ . _, _ ~~._ rv ~ ~ ... ~ .. . . feet wide and 18.5 feet deep. There shall be no compact stalls if the composite stall dimensions are used. Nine foot wide stalls sha~l be provided where structural constraints allow without the lost of parking stalls: • All parking stalls next to walls or columns that would interFere with opening the parked car doors ( shall contain an additional two feet in width. • All parking stalls next to cofumns that are within two feet of the edge of the drive aisle shall contain an additional finro feet in width. • The driveway aisle shall be a minimum 24 feet wide. • Parking stalls at 90 degrees to one another should be two foot wider. • There should be no obstruction within the 24 feet '' back up area of a parking stall. ~ ~ ` • There must.be space to turn around. af .the end of ~ ~ all dead end aisles. Tum around spaces``shall be. ~ , ~ a`minimum 12 foot wide from the end. of the drive aisle. ~ • All parking stalls shall be delineated with a double strip per the City standard drawings. ., = B~J ~ _ ~,~' s~u u sa+ ' " ~,as*r - a x ~~~D~NG .~~ ~~~.~~y~- ~~~~ . _ ~ : ~~~,t~ ,~;r : > ~ ~ « ; ~+s =a ~.. ~ e~~ ~ ~ ~ ~ ? ~, ~ ,~. - --~~~„ € ti~,~ ~~~~ . i ~ ~*z '« ;'~ ,~ ~ ~~~'~ ~ . _ T . ~„ . F, , :f. ;.. _ . ~,.. fi ~ ~..~...:-~ 4~.~~~.~ ~ m 9t,~~~~, ~ ~,~ s _ ,- ~ . ~ , ~ P . . . ; , 41. Bui{ding Codes and Ordinances: All ' project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of buildin ermit. 42. Retaining Walls: Afl retaining walls over 30 inches in B Through Standard height and in a walkway shall be . provided with Completion guardrails. All retaining walls over 24 inches with a ~ surcharge or 36 inches without a surcharge shall obtain permits and ins ections from the Buildin Division:~~ ~~~ , ~- ~-- ~ ~ 43. Phased Occupancy Plan: If occupancy is requested B Occupancy St~ndard to occur in phases, then all physical improvements of any within each phase shall be required to be completed affected prior to occupancy of any buildings within that phase building except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Direetors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any buildin covered b said Phased Occu anc Plan. An Page 11 of 25 ~~ ~~~' , .. ~ '- ~ ~a~ ~` CQNDITi~N TEXT ~ ~ ~- d~~ ~~-~ ~ - ~ d 'a~ urnY*§3F . ~ .. ~ Res~pz~~~ ~ S 3 ~ ~ s ~iltherrg ~ ~ y T. Sowrce~n; 9 t'~ {~ .. C '! { - ~S- '~ # Y~ ~,'I }~.k .3e~ ~ ,-f3 . ~ .. FI443 ~ ~ '~~ ~. '°x ` ~ ~ ~ " . +ze ~~~~i~~ ~ ~ ~-~~~ I~~ gs`~ '~ `~ F ~ XJ Ys~ 4,.i~A { _ . , ~ _ ~ ,. , ~'4 C ~'"'u. " sT'~ ~ A . , ~ 't, Sa- s€ .~~5' .'.."~°a~: _ , - ~ ~ ~~ ~ ~ :~ F & ~; ~~ ~ ~ ~ ~ ~- b+i s ~ "" .. ~ ~~ ~ _ ~ ~r # ~,~ h-..?, ~~Prior to ~ r§ 4^[ $ S, t~ ~i 1 ~ ~; ~~; ~f ~ @ ~~ _ : ~..~ - . . ~; . , ~. .~:~ ~ .~ _ ~ _ . .,; E__s<~z, , yx.- ~ _y.W- _ , ~.Y. ~ _ ,_ _. ., . h_ r ~ ._~. . .,~ . phasing sha{I provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landsca in and associated im rovements. 44. Building Permits: To apply for .building permits, B Issuance of Standard ApplicanUDeveloper shall submit seven (7) sets of Building construction plans to the Building Division for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The. notations shall clearly indicate how all Conditions of Approval will or hav.e been complied with. Construction ~ ~ plans will not be accepted without the ° annotated ~-. ~ resolutions attached to each set of ~ plans. Applicant/Developer will be responsible. for obtaining .: the approvals of all participation non-City agencies prior to the issuance of buildin ermits. : 45. Construction Drawings: Construction plans shall be B, Issuance of. Standard ~ fully dimensioned (including building elevations) building. ' accurately drawn (depicting all existing and proposed permits .. conditions on sife), and prepared and signed by a ~ California licensed Architect or Engineer. All structural . ~ calculations shall be prepared and signed by a Califomia licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 46. Air Conditioning Units: Air conditioning units and B Occupancy .Standard „, ventilation ducts shall be screened.from:public,view with v_;,;, ' :,.. , of,Unit . materials compatible to the main building. Units shall ~ be permanently installed on concrete pads or other non- movable materials approved by the Building Official and Director of Community Development. Air conditioning units shall be located in accordance with the PD text. 47. Temporary Fencing: Temporary Construction fencing B Through Standard shall be installed along perimeter of all work under Completion construction. ~ 48. Addressing B Issuance of Standard a) Provide a site ptan with the City of Dublin's building address grid overlaid on the plans (1 to 30 permits scale). Highlight all exterior door openings on lans front, rear, ara e, etc.~. Prior to release Page 12 of 25 ~3~, ~~,g3. ~~~i~E ° ~ 3 ;,~ONDITION TEXT£~;°s,f~=~ ~ ~ ~ Resp~csn Vlllien~R,;~~ So ce~~= . ..:~ s~ ~ ~' ~ x~'3Cr'a;°' ~" '~ ~ ! i fr y~ ~ ~ ~ - A ~' ~ /'1g~in~iy ~ r iM 5~- ! ~ ~ ~ ~G~ ~ ha a~ ~~~i~a~~~rv~(.~~: ~!E4~4 ~45~" il ~~ ° . . ;~1~. 3I a r` ~ `S ~~ rr _ ~ i. .~r f'~ F.~k '~ j "] 3"' ' f r) ..Y ~~ , . . ~..' ': 3"~'~s.~ ~ pr § . . ^n'~ ~'I °~.r._ i e~ti"~; ~i ~ ~' ` '*rFfri '~~' r.~or#o ,Y~ ~ # E F; ES ~ :E~` `tk 5 'S~' Y ik'ti'i a . . . . . ~ ~ w ( .. x . . _. . ,_~.,~~ _.,,. . . ~ . .,~._.... .~ - : fi ,_~. a ! , r . , of addresses) b) Provide plan for display of addresses. The Building Official and Director of Community _ Develapment shall approve plan prior to issuance of the first building permit. (Prior to permitting) c) Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit) d) Exterior address numbers shall be backlight and be posted in such a way that they may be seen from the street. (Prior to permit issuance, and through completion). e) An approved apartment unit-numbering plan shall be incorporated into the construction drawin s. 49. Engineer Observation: The Engineer of record shall B Final frame Standard ~ be retained to: provide observation services for all inspection __ components of the lateral •and ,yertical. design of the _. ,, , building, including nailing, hold-downs, straps; shear, ~ ~ '~" roof diaphragm and structural frame of building. A ~ written report shall be submitted to the City Inspector rior to schedulin the final frame ins ection. 50. Foundation: Geotechnicaf Engineer for the soils report B . Permit Standard shall review and approve the foundation design. A issuance . letter shall be submitted to the Building Division on the . a roval. . 51. Green Building: The Green Building checklist shall be B Issuance of Standard. included in the master plans. The checklist shall detail building what Green Points are being obtained and where the permit and information is found within. the master plans. (Prior to through first permit). Prior to occupancy of any unit, the project completion shall submit a completed checklist with appropriate verification that all Green Points required by 7.94 of the Dublin Munici al Code _hav.e been incor orated. 52. Cool Roofs: Flat roof areas shall have their roofing B Through Standard material coated with light colored gravel or painted with Completion light colored or reflective material designed for Cool Roofs. 53. Electronic Fi{e: The Applicant/developer shall submit B Issuance of Standard all building drawings and specifications for this project final in an electronic format to the satisfaction of the Building occupancy Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. . ~...,..t,; Page 13 of 25 ~~~~~~ ~ }~ ~ ` ~` ~~~}I~D{TION TEXT °~ ~ ~a"~ ~ ~ E ~Respvn Wher ~ e " ` ~~°"S'+~r~rce~~ ~ s ~ ~~~ h '~~' ~ ~ r ~ ,~ ~3+e~ ~ ~ x~'~^,~ F'-"'s` _ 'S S r ~~ ~;" ~ ~ ~ ~~ ~ ~ ~- ~ ~ ~ ~~ ~~ ,~~- , ~ ~ ~ : . ,r } ~,~g~c~ ~ M ..~ ~ Req~T'~ ~ ~ x5 ~, c" ~ '` ~ F„~~„ Y ~ ~ . ~v ft ~ ~ '-r~ !~~ 3f W 3', y`, ' __ ~"~ ~z .. ~ : : ~r ~ ~ ~ ~ ~ r + ~~ Pr~i~r t~ ~ ~'~ ~, t lf . ~ .~,. ~ _, ~ .~~. r : ~~~ ~s~ ,._~ ~-~. ..._. ....,,. ~ , ; . ~ - ~ ,,_~. ~ r: ~ n ,_; .~ ~ . ~ .~ _.. _ ~ ., . ~.s .,.W,. 54. Construction trailer: Due to size and nature of the 6 Issuance of Standard development, the Applicant/developer in conjunction building with the Applicant/developer of the adjacent project on permit Site E-1, shall provide a construction trailer will all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the Applicantldeveloper shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The ApplicanUdeveloper shall cause the trailer to ~ be moved from its current location at the time necessary as determined by the Building Official at the A licant/develo er's ex ense. 55. Copie.s of Approved Plans: -Applicant shall provide B 30 days after Standard City with 4 reduced (1/2 size) copies of the approved permit and. plan. ~ each , ,.. - . . revision . _. . , . . . ~_ .. ~ ~ issuance 56. No Build Covenant: If section 506:2 ° Frontage B Issuance of Project ~ Increase, of the California Buifding Code; is used ta ~ building Specific increase the area of a building. The owner~ shall file -. permit with the Building Official a Covenant and ~Agreement ~.. Regarding Maintenance of Yards for an :.Oversized Building binding such owner, his heirs, anc! assignees, '`. ~ to set aside the required yard as unobstructed space having no improvements. After execution by the owner = ~ and Building Official, such covenant shall~ be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Buildin Official. 57. Telecommunication: The Applicant shall comply with. B Building Standard ANSI/TIA.EIA-570-A :.,Standards . :;_,.:relating;:, _., to.,: :, ... ;. , . Permit telecommunications and the instaAation of data outlets " . Issuance for high-speed internet access within individual residential units. 58. Height of Building: B Permit Project a) Designer shall dimension, on the elevations plan, issuance Specific the overall height of the building to the highest and frame point and the height as defined by the building inspection code. b) Developer / Contractor shall certify the height of . fhe buildings prior to first frame inspection in a manner acceptable to the Building Official. Page 14 of 25 ~~~~3 ~~~~u z ¢ ~-~ ~ CONb1T~ON~TE~CY~~` ~~ ,~' ~- ~' ;~~~ ~ le , ~ ` , ~ N Respon ~ ~ ~~, " ~~~ a ~~ Wh~n~ '' ~ r ~ ` ~ f'~~So~r~e ` ~ ~'E y ~ ~ ~ i A~ di# €¢+ ~ 1.~ ! k M F.C ."u~£ ~ ~k C~; ~1 44+Yd.$. C~ ~ 3''' Ylf"I~ i~* }~ Z' 1 ~ C S- 9 . . ~ N9~~ C~ .~ ~ ~ ,~ ~ ~ ~ ~ ~ ~ ~, 3 5 k +'1" -: Aget~cy ~'NU ~,•~b ~3' ' ~ 5 ~ ~- . ~~~~Req d .~ ~ ~ c ''~ h..~ V , ~~ ~ ~ ~ ~~~ ~ ~ ~, ~ ~ `~f~r ~' ~ ~ ` ~~ ~" i '" ~ @ ~ , ~~ :~~~ ~ . ~ x ~ ~~-~ Prcor~to T :~ ~ ~ ~,i~~~~;~ ~' ~~ y~!y ~'[F l L ~ ~1: ~ w . ~n -, . ~-. -~. r t.4 ~ ~:v'aG .,=,3::.: ~~" a',~ IM ( ~ r '4 '9 ~~#9 6 ~I~ i'N:~ ~ ~~ ~lt+'S ~ ~~A..F~~~~ ~ S ? '~ ~ ~ ' ~ .~. . g uE ~ ~'~ {~ ~ ~ ~it;~' 1 f ~i'i ~ ~~~ t eF : ~ ~'F$q2 ~~f i V = e~ ~~ '~'~~'~:'3~~``~3'~`" ~~"„~°~ - ~ F~^ ~ ' . v Ik~ . , I a I ~ q i ~ YC ` ,~6 t~. ... ' : _ . „ 1 r:,. i ~YF LL d u ~ ~ t.Y... ~ .,. 59. fire and building code The project must comply with F Issuance of Standard requirements in effect at the time of submittal for building ~ buildin ermits. ermits 60. Fire. . Access must comply with Section 503.1.1 F Issuance of Standard Exception 1. building permits and on- oin 61. Fire Access roadways on Demarcus, Campbell Green, F At Project and Hamlet must be 20 foot wide with out parking. occupancy Specific `"a. . ~'~~ ' .l A rA~z.Y-,~ -•~.s ~.a+~g vt ~ ~~. =?rr ~ ti`J `~ i d , ~.~"F ~ W~ ~MT~ ~~'_~ d _~ ~L F{~ ~ ~~ 4 I i ~~ ~ ' ~ - ~ ~~~~ ~ t' 7~ y~4 F I+u ~ ~ a~~$M ~ ~ p~ ~ ~ % Y ~ ~~~ I,~, 'W 'P 3~9 '"T~ 3''A" ~ ~, i~~l ~i ~ '1'ryj+,~ . ~ . •pe~d~~'..~ ; ~~i""f I. t ~, 62. a R .. ~ 3~. se,. : 0. i k '. irF The Applicant must adhere to Dublin security ,.,i . ~ 1... PD _" At Standard requirements, which covers items such as lighting, occupancy addressing, ~ locks, and emergency telephone installation within arkin structures. 63. Applicant shall work with police services to provide the PD At ~Standard installation of 'mirrors in btind spots, stairwells, and occupancy ~ elevators; or other rooms, the trimming or removal of _~ `~._ , ' .lan'dscaping, the installation of lighting in dark corridors ' t ~ . ~ ~ ~ . _ ~ ~ or walkin aths, and the like. ' ~ ~ ~ ~ 64: The lobby/mail `rooms, amenities (e.g., gym), and PD Issuance of Standard similar common areas shall employ the use of windows building :- in~place of solid walls so that residents and passersby ~ permits ' - can witness activi within and without the facilities. ~ 65. `Resfroorris fFiat can accommodate more than one user PD ' At ~ Standard af a_time (e.g., in the gym) shall have security lighting occupancy. . ' and shall nof have entryway doors that are lockable by ~ the users. ' ~ 66. ~ Shared amenities (e.g., gym, mail rooms) shall have PD At Standard securi li htin : occu anc 67. Doors leading to corridors, mailrooms, trash rooms, PD At ~ Standard gym, business offices, elevator lobbies, stair cases, occupancy shall have elongated window panels to facilitate - : -= surveillance minimum 6" x 18" . ~ , _ _; ~ ...:~~ ;,: ~ ; ~ ~;_ 68. The fitness room shall have at least one full window on PD At Standard each wall adjacent to the hallway and facing the exterior occupancy of the buildin . 69. Signage: PD . At Standard o Doors within the parking structures shall have occupancy signs for identification (e.g., "bike storage," "stairs," "electrical room," etc.) o Within the residential buildings, all doors leading to facitities, amenities, etc. shall have signs for identification (e.g., "storage," "trash," "roof access," etc.) ~ Page 15 of 25 ~~ ~~~~ ~ = ~ k~ CONDfTiON TEXT ~ ° '~'' ~~ ~ `~ *, = R"espon M ~~~~ s~ When~ '~ '~~Source~ ~° ~''~ ~ ~ ~ t ' _ e 4 _ ~t~ '~ ~ ~ ~. ~~ ~ ~ ~,,~'~~~ ~~ ,~~a,~€~g q ~ ~~,~~~ ~ t~ ~y, ~4 "i 5 4 2 S ~ ~~ Agency ~ ~ - ~~~e~~d ~Y~;;~ # ~ . ~ . ~ ~'~~~ ~N ~ ~, ! ~ i ~ ~ { ~~' ~ lY4 Y'4~ ,. -4 I - ~_ C }M1 e '~~"^C} { i i SR ~ 'v . 'r-a . ( ' ~ F 4 . ' ~S . ~"t'rx } 5~ P ' e . I '° '~t~I ~ E~--, s.. r` E7 ~.F'S11~°~h.2~r: 3; ~ 3 ° ., . . ~: itn -a .r~v~-C~ _ "~ ~ '~,?~ `~ ~... .,,_u., , . ~. „m,: .... . ~.., . . ~ .., ~ . _ ._. ~~_.,_ ... ~ . _ ~.~{~~`_ il~f ~ .. 6.: ~IYL~ _}-3- ~ ~ ~i. . . ~~~,~i~Rdll~e, ~. ,. _ :~ . 70. Addressing - In addition to what is in the Dublin PD At Standard Municipal Code Security Ordinance, we require: occupancy o Address ranges of residential units shall be posted on inside corridors o Address ranges of residential units shall be posted at All pedestrian points of entry (e.g., from parking structures, as well as from sidewalks) o Addressing shall not be blocked by landscaping or architectural features, and shall have adequate lighting to make them readable o Address ranges shall be posted on the each elevatian of the residential buildings. o The Applicant shall work with the Addressing Committee to provide address identification for emer enc res onders. . 71. Parking Garage: PD At Standard o Parking garage shall be well :lit, with garage occupancy - ceiling painted white to enhance brightness. ~ o Parking Garage must require keypad access for . residents and visitors (except for retail: & rental - ~ ~ parking). . . - . o Parking Garage must utilize rerriote access for emergency persannel (e.g.,-Cliek-2=Enter)~ o. Radio access for Police and Fire communication shall be rovided ~ 72. Construction Trailer: ~ - PD At Standard o Must be addressed, with visibility at night occupancy o Doors must have peephole or window o Must be e ui ed with tele hone BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding Vesting Tentative Tract Map 7929: , . .. ~:_.._ . Vestinq Tentative Tract Map A. The proposed Vesting Tentative Tract Map is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of the proposed Vesting Tentative Tract Map is consistent with the General Plan and the Eastern Dublin Specific Plan, as amended, as it relates to the subject property in that it is a subdivision for implementation the Dublin Transit Center, a community of various uses (including residential, commercial and campus office), in an area designated for this type of development. Page 16 of 25 ~'7 ~3 ~ C. The proposed Vesting Tentative Tract Map is consistent with the Stage 1, and Stage 2 Planned Development zoning and is therefore consistent with the City of Dublin Zoning Ordinance. D. The properties created by the proposed Vesting Tentative Tract Map wil{ have adequate access to major constructed or planned improvements as part of the Dublin Transit Center Master Plan and development in progress on surrounding and adjacent properties. E. Project design, architecture, and concept have been integrated with topography of the project site created by the proposed Vesting Tentative Tract Map to minimize overgrading and extensive use of retaining walls. Therefore, the proposed subdivision is physically suitable for the type and intensity of development proposed. F. The Mitigation Monitoring program adopted with the Dublin Transit Center Environmental Impact Report would be applicable as appropriate for addressing or mitigating any potential environmental impacts identified. G. The proposed Vesting Tentative Tract Map will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns: .._ H. The design of the subdivision will not conflict with easements, acquired by, the public at ,;_ .~. large, or access through or use ,of property within the ~ proposed subdivision. The City ~ ~.Engineer _has reviewed the maps and title report ~ and has not found. any.. conflicting , ' . easements:.of this nature. ~ ~ : . BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby approves with condifions Vesting Tentative Tract Map 7929 for Dublin Station. Site C. . This approval ~ is based..on findings that the Vesting Tentative Tract Map is consistent with the Site Development Review, Stage 1 Planned Development Rezone amendment for the Dublin Transit ,Center, Stage 2 Development Plan, General Plan, and Eastern Dublin Specific Plan and is contingen't "upon the City Council approval and effectiveness; of the Stage 1 Development Plan Amendment and Stage 2 Development Plan. This approval shall conform generally to the plans prepared by BKF..Engineers and the subconsultants labeled Exhibit A to this Resolution, consisting of the packages, sheets, booklets, and plans dated March 15, 2011, and on file with the Community Development Department and the Applicant's written statement. . ~ . CONDITIONS OF APPROVAL: Unless'~-~sfated ~otherwise. all Conditions of Approval shall be complied with prior-:yto the~-issuance~.of. buildinq permits or establishment of use and shall be subject to Planning Department review _and approval The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the canditions af approval. fPL.I Planning, [Bl Buildinct. fP01 Pofice, fPW] Public. Works fADMI Administration/Citv Attorney [FINj Finance jFl Alameda County Fire Department, fDSRI Dublin San Ramon Services District. fC01 Alameda Countv Department__of Environmental Health. [Z7LZone 7. Page 17 of 25 ~~ ~ a~~3 ..,a ''' 3~.r~r 1 u ~ ~ ~~~=~ '~ ii~Pl. Y.~ - a `C ' 'tr'2a~" R ~f - ~~'~~~~ ~~, ~ ~~C~~DITI'ON ~ 7;~~~ ~ ~ ~~ ~ ~ -~ ~ ~~ ~ -~,~~ i ~ ;~ ~ ~`~~ '~~~~ ~~~~~~ ~ > ~ £ ~ ~kg~nb~n , ~ ~v , ~ ~4~V11~`"~ ~~ ~ r~ -~:~~ ,~ , ~~ _ ~~urce ~.r F+r... ~ ~~ ~ ~ ~ ~s ~'"&"~~~'~ n ~, ~L~::S ~'kL~~ ~ '~°°`~ b Y }~I'R,MY4 . ~~ _'-'" ~ -rP ~ 3 ' . .. . ~."'~ ~ - t ~ .. ~ ~~ ~; ~~ ~ ~ ~~~ .'_ 4 .~ ~: ., ~, ~ 3~.s ~'~ae't ~'a~ ~ _ 4 ~rRar~ ~ tl ~y~ Y~" ~,.~~~ 2'' 9. tY ~~~~ ~~ _ ~.....a .~~.,~.~IB1~ . . ~ ,._ __ ...... .rt ..z ., _T ~ ..~ .~ ,~,. ,., ~ =s -- ~ 1N,C?RKS YE~T~N~~`~ h~0. T~A-t-''~l~t'~;TRA~ ~792. . . . _ . . .~ .. . ~_ .~._ .... . ~ . .. . . ='~- - ~~~~ _ - ~ ~=~ z.,.:,; ~ - ~';r" ~;i;"~,~`.~,~ t+,~ 73. Approval. This Vesting Tentative Tract Map approval for Dublin Transit Center, Site C(Avalon Bay Communities), PA 06-060, establishes the detailed design concepts and regulations for the Vesting Tentative Tract Map. Details of this Vesting Tentative Tract Map shall conform generally to the project plans submitted by BKF Engineers, dated March 15, 2011, on file in the Community Development Department, and other plans, text, and diagrams relating to this Vesting Tentative Tract Map, unless modified by the Conditions of Approval contained herein. The approval of this Vesting Tentative Tract Map is subject to the City Council approval of the Stage 1 Development Plan Amendment and Stage 2 Development Plan. This approval supersedes and replaces Resolution 10-43 approving the Site Development Review and Vesting Tentative Tract Ma 7929. . - 74. Effective Date. This Vesting ~Tentative Tract Map. ;PW . Issuance of Standard approval is contingent on City Council approval of the' ~ ~ '' building •.. related. Stage 1 Development Plan Amendment and permits . Sta e 2 Develo ment Plan. 75. Clarifications and Changes to the Conditions. ln the PW Final Map Standard ` event that there needs to be clarification to these approval Conditions of Approval, the City Engineer has the ~ ~ authority to clarify the intent of these Conditions of ~ ~ `~ Approvaf to the Developer without going to a public ' hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to . fulfill needed improvements or mitigations resulting from im acts of this ro'ect. 76. Development Agreement. The Developer shall meet PW Issuance of Standard all applicable sections of the Master Development building EDSP , .Agreement for the Dublin Transit Center adopted as ~, permits. ,. ..,., . f, Ordinance No. 5-03. Section 6 of the Niaster Development Agreement requires the Developer to enter into a new Development Agreement specific to the current project prior to the issuance of building ermits. 77. Covenants, Conditions & Restrictions: A PW Issuance of Standard Homeowners Association shall be formed by Building recordation of a declaration of Covenants, Conditions ~ Permits Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is ade uate rovisions for the maintenance, in ood Page 18 of 25 ~~ ~~ ~;,~:~; :;_~! o E~ ~~kll ~~~{~t ~ ~ E ~ ~~t~orTr~ ~TE~x~-~ ~ ~ ~, . ~~ ~~ ~ ~, r~ k~ ~'~~ -~u~~~ ~~,~ , ~ ~ 3; ~~f~,~~~~~~ ~ ~~ i~~~ W ~ e+ ~ ~ ~ ~ ~ ~ i~ po ~ ,n={~~y ~- ~~F! ~~ k, ~~ll~lhen,i~ ~n'°~ .F-~~~N !~ ~ ~ h So~` ce~ ~~~ ~. ~~~ . . ~ ~ s r ~ ' `i ' '.^~ . ~ -~"~.* -F' .~( ~~~ ' )cte}~}-'u ~.. ~i d5 'M1 ~ I 3'~# ¢. ~ "~"~'i~"' 'StT' '~~ . ;+ ~'= ~ .~~ ~ ' dy ~ ~ ~ :~ ~ y~,~~ y ^a.~ , 1p7~°" ~ t f h I ~~~ ~ Y-eu-'•e'~~~itia~E~r ~I k "L'~~F3~~IP ?~''.-~ ~ ~ ft~r~ . ~ae ~~° . B ~.3.' ~4 ''~ ~ Y" b' r .~ ^ .~ ~ n ; -"' ~e .w. r ~ .ii? -- i y~u € .. ' . ~ ~ C~ ~O ,~~bl ti 8 ~! ; a , repair and on a regular basis, of the landscaping, irrigation, fences, gates, walls, drainage, lighting, sign, building exteriors, parking areas, and other improvements. The Developer shall submit a copy of the CC8~R documents to the City for review and a roval ursuant this condition. 78. Lot 4, PM 7929 (former Parcel 3, PM 7983) PW Final Map Project easements: All utility, pedestrian and vehicle access Specific easements on Lot 4 of PM 7929 shall benefit Parcels 1 & 2 of Tract 7525 in additional to Lots 1& 2 of PM 7929. 79. Lot 3, PM 7929 pedestrian access easement: A PW Final Map Project Redestrian access easements on Lot 3 of PM 7929 Specific shall benefit Parcels 1& 2 of Tract 7525 in additional to Lots 1& 2 of PM 7929. 80. Iron Horse Parkway and DeMarcus Boulevard PW Improvement Project. frontage improvements: The Developer shall plans Specific construct the project frontage improvements, including . ~ ~ sidewalk and landscaping, : along ~.the east frontage of- - . ~'- ~ ~ :, -- . ~ . DeMarcus Boulevard and the west frontage' Iron~Horse -~ Parkway as generally shown on the ,Tentative Map to ~ the satisfaction of the Cit En ineer. - ~ 81. Driveway Design: The entrances to both parking PW - Improvement . Project structures from the public right of way shall be a plans .. Specific . modified driveway type entrance with 6-foot curb radius ~ ~ ~`~ where the curb height varies from 6 inches at the gutter "- • ~ to zero at the sidewalk edge; the gutter continues ~ ~ ~ across the driveway, the sidewalk profile is rriaintained, . ~' the sidewalk cross slope is 2% for a minimum 8-foot width and there are no ram s. 82. Sidewalks and Frontage Grading. Sidewalks within PW Improvement Standard ~the public right of way shall have a typical 2.0% cross plans slope. The 2% cross slope shall be maintained for a minimum distance of one foot behind the frontage sidewalks where there. is adjacent landscaping,. stairs : , a.~,;~ . ., . . , ; _ or athwa . , , ,. ; , ,,. . 83. Private Street Parking Restrictions. Parking on the PW Improvement Project private streets shall have a maximum 2-hour parking Plans Specific limit consistent with the days and time on the existing rivate Hamlet Lane and Cam bell Green. 84. Loading Areas. The Developer shall make provisions PW Improvement Project for providing loading areas on the DeMarcus Boulevard Plans Specific and Iron Horse Parkway frontages as shown on the Vesting Tract Map. These provisions may designate three parking spaces on DeMarcus Boulevard and three parking spaces on Iron Horse Parkway for loadin onl on Saturda & Sunda s. Page 19 of 25 ~ ~~ ~ 2 ~ ~No~ ~ b ~ ~ ~E I ~` ~~~~` `'~ ~ C" ON~T ~~ ~ ~~'!'' E~ ~ A~~ ~ ~ ~.~ ~y ~ 4 )~. { ~ rt~ 4~ t~ 7` ret- ~"~ ~ l ° ~ 3 '~t ~ ~ ~'Ci ~z~`~ ~I ~ ` ~ ° ~~~Res or~ `~ i ~ $~wi "~ ~~ k ~ ~~~~~ ll,tllie"~ ~ ~i ~ .:. ~ '~~ F ~~k o '.~~~~ q -~i ,~ ;4~~. - ~a 3 a~r~~~ ~E yy "~'Y4 ~ °#L'°^ k~ ~ , a s~ ~ w ~ ~ iiru a .~ z.~s+~~~ ~x ~a E ~ i ~~ a x ,~ -- x ..F~c~.~ ~. r r ~v -~ . :-._~t .~ .~,~,~ ~ s c ~t~. ~ r ~3._ ~"1.y~ ~ ~..v.~~,m ~-~~` ~ i _~~."2iM~+' 4 _ s~-4a~ 'E.~u ~ ~' ~ r a ~ - ~~ ~:. ~1 ~ ~, ~ 'aFi' r '~ ~,~~ ~' ~^- ~1~~ '~•°' ~ [~ c ..~. , . ~ ~: - r~'A , ~ ~ ~, .~3,~rt,~ .. .. _ f 'Y ~ ~~,- ° ~g ~ ..,. . ~,. a,»: , A r.e."" ., " . .. ."_ a. . . ..~ r i ..~.: ~i3.-s'Y'"i ~ - '~` ~ - . ..^°..a~..~r .. ~ ~-" .:~*t , _`~ . . = 4. k£Fk. . _ _ ~ ~ ~+{ 1 ~I_7! ~ ~ ..., . _ ~. ~ .. ~, r~ ~aRF,; .r .~ .~ . . ~ 85. Campbell Green Median Landscape: Developer shall PW Improvement Project landscape the Campbeil Green median at the Iron Landsc~pe Specific Horse Parkwa entrance. Plans 86. Campbe{I Green Roadway: Deveiopers . shall PW Improvement Project construct the Campbell Green roadway on Lot 3 Plans Specific (formerly Parcel C of PM 7892) as generally shown on the Tentative Ma with a 28-foot width. 87. Campbell Green: The Developer shall complete the PW Improvement Project Campbell Green park improvements along the Plans Specific southern fronfiage. This work includes completing the improvements between the roadway curb and the existing park improvements in the pop-out areas at both ends, and removing the existing 6-foot wide concrete walkway and reconstruction an 8-foot wide concrete walkwa . ~ 88. Hamlet Lane: Developers shall construct the Hamlet PW Improvement Project Lane roadway on Lot 3 as generally shown on the ~ Plans - Specific Tentative Map. ~The width shall~ be a minirnum of 20- ~. ' . feet wide for the travel way and 8-foot wide parking ~ ~i s aces..; , . 89. Grading Design: The grading shall be designed to the PW Grading ~ ~Standard satisfaction of.#he City Engineer so that if a storm drain Plans - inlet is blocked ttie overflow will not exceed the height ~ of the back of sidewalR. 90. Street Grades: The minimum street grade shall be PW Improvement. Standard 0.7%. The City Engineer may approve 0.5% grades if ~ ~° Plans ;~ needed to meet other desi n constraints. ~ 91. Construction TrafFc and Parking: All construction ~PW Grading _ Standard related parking shall be off street in an area provided Plans by the Developer. Construction traffic and parking shall be provided in a manner approved by the City Engineer to minimize im act on Bart atrons. ~ 92. Pedestrian Access: Pedestrian access from Dublin PW Grading Project Boulevard to the Bart station must be maintained at all Plans Specific , :. . ; times; on~. one side of both DeMarcus Boulevard and- , . ~ ~.:,:r~;,,; :~~::. : ; >, .:r>:>-,. . Iron Horse Parkwa . 93. The Developer shall comply with the Subdivision Map PW On-going Standard Act, the City of Dublin Subdivision, Zoning, and ~ Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law Labor Code_ Sects. 1720 and followin Page 20 of 25 ~` ~ ~u ~ (1~'CS q .y~r~,~ .~Y,p+ratx"i~ ~ uas.wi'~ ~ a ~ ~' ~ - ~~O } IT ON`-T~ 5"~ ~ : °~` ~' `~ ~ i~~~~+~ ~i,ra-r+~ 1~ ~ "~ . - ~ ,T'~' t r l } 'n~ ~..-'~,r ~.`~"^"- ~ ~~ ' w° ~~ x~ a : ~. ~ ~:# y~,'f` _~ " "'' ~ ~' ~ ES~?ort" ~i~,-'-z,,- `~- ~°'t-z ~~~±~y~ ~ ~..` J ~ ~~WI~e _ ~ ~ ~ ~ ~,p '7~~y ~ R SJ~ ~~ ~ # S'O ~Ge~a ; 'Nm !~ ~" ~d~ dJ . ~ ~~~~ ~'+` ;~~~ ~,~~i ,~ y. ~ '~ r a~.c 5 ; F..~°=`~. _ . _ s_. ~ p k ~ .~ * ~ , ~ ..,.} .~~~-~ ,~ z . ~ ~~v ; d ~.~< ~~ - ~.~ ~ ~ ~ -~ .~.~ ~ ,; ~- ~~ ~~ e.....~..`~ ~~- ..~.. ._$-v -~:~ ~. _ ~~,. ,,.~u, =.s, .~ ~ ~ ~ .~~ ~ ~~,~~~ ~~~~~, ~ ' t .. ~~ ~ P~o ~~ o A ~, .~,,. ~ ,a .. - ~_~~ ', 94. The Developer shatl enter into a Tract Improvement PW Final Map Standard ' Agreement with the City for all public improvements required for the Tract. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may .be replaced with a maintenance bond that is 25% of the value of the erFormance securi . 95. The Developer shall pay a Public Facilities Fee in the PW/F Final Map Standard amounts and at the times set forth in City of Dublin unless DA Resolution No. 214-02, adopted by the City Council on allows November 19, 2002, or in the amounts and at the times otherwise set forth in any resolution revising the amount of the ~ Public Facilities Fee, as implemented by the Administrative Guidelines=adopted by. Resolution 195- • ~ . 99. ; . ;:; 96. Developer shall obtain an Encroachment Permit ;from PW _ As needed . Standard the, Public Works Department for alf construction. activity ,within the public right-of-way of any.. streef where the City has accepted the improvements, The ~ encroachment permit may require surety for slurry,.seal ~ . and restriping. At the discretion of the City Engineer an ~ encroachment for work specifically included: in _ an , Im rovement A reement ma not be re uired ~ 97. The Developer will be responsible for submittals . and ;PW/ :. {mprovement Standard reviews to obtain the approvals of all participating non- DSRSD/ Plans City agencies. The Alameda County Fire Department F and the Dublin San Ramon Services District shall a rove and si n the Im rovement Plans. 98. Developer shall provide the Public Works Department a PW Release of Standard digital vectorized file of the "master" files for the, project bonds . , when the Final Map .has been approved. , Digital raster , . ~.:: , , .. copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the ` Final Map. Ali objects and entities in layers shall be colored by layer and named in English. All submitted ~ drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. 99. A41 rights-of-way and easement dedications required by PW Final Map Standard the Tentative Map including the Public Service Easement shall be shown on the Final Map. . Page 21 of 25 ~a~a~~~ ~M ~ ~Na~ ~4~~~ ~•~'~_~ ti a~ ~, ~~ ~~- w. :: .~r . ~ ,~, .. urs ~ a .' ~„~ ,~ a~~~ ~.,~~~~ ~~OND'ITION~~f~X~ ~~ ~~~~,,~~ ~ ~hy ~ ~ `~~s . a~ '~ „~t~`~~'~'-~`~-`~~ s ~ ~mrs~ - ~' ~ ~ ~ ~ ~ ~ ~.z .w ~2es~o ~ ~~ ~~ ~~~q~~~ . ~ Whe -: ,~ ' ~{~~ "" ~` ~ "~ ~ ~~ ~.~ ource~~ ~rw ~ ~~ ~~"~~ ? 'Y+~'.. ~~ ~ i ~~ ~a k ~ S '_ ~~ r~ ~~~ a~i _ ~- -: ~ . ~ ~ ~~~- ~ .~ ~. Sf t I:~ ~.a ,-,-~-. . .. ~,~ C ~-:3 ~.. [ ~2.~ ' ' ' "' ~ L ' ~ ~,. r ~g ~... ~ v§ " ^i9 r~ ° ~ ° '_~ n^e .~ Q.~,. }v(' ~~~~v~ L 5~~ as ~i ,~, r~H~, i ~ ~ « y ~ ~ -.5. { ~ .~ I "~ ~'a a ~ ''St ~~.,, ~~,~: + ~ ~~;~ ~ ~ ~ a _ i ; ~ ~ ,~ = ~ ~. ~44~3 . ~~.~.m.,,,. e ~~ ~ , ea'~'a. ~ fv ~'~ - ~ ~ ~EP51 ~ ~ ~i~ am~ ~..~„ b~ PI ~~lJ ' ` Y'i, ~ , G ~~ ~ k ~ ,..au ~s.. 'tt r_~ `. . as 100. shall be Any street names assigned to private streets. PW/P/F Final Map Standard approved pursuant to Municipal Code Chapter 7.08. The approved street names shall be indicated on the Final Ma . ~ 101. The Developer shall obtain abandonment from all PW Issuance of Standard applicable public agencies of existing easements and Building right of ways that will no longer be used. Permits 102. The Grading Plan shall be in conformance with the PW Grading Standard recommendations of the Geotechnical Report, the Plans approved Tentative Map and/or Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 103. A detailed Erosion Control Plan shall be included with . PW Grading Standard the Grading Plan approvaL The plar- shall include.~ Plans • detailed design, location, and_ maintenance criteria of . all erosion and sedimentation control~measures:`:- '' ~~ 104. The public improvements shall be ` constructed- ~' PW ~ Improvement~~ Standard generally as shown on the Tentative Map `and/or Site Plans Development Review. However, the approval ~ of the Tentative Map and/or Site Development Review is not - an approval of the specific design of the drainage, - sanitary sewer, water, traffic circulation, and :'street '! im rovements. ~ 105. All public improvements shall conform to the City .of PW ' Improvement Standard Dublin Standard Plans and design requirements and as Plans a roved b the Ci En ineer. ;:DUB~ 1K SAN:Ri4M,ON~S~Ft~i1CES~~D-1S~~,l~T,r~ aSRS.C~~,` <, . s ~ - ~ ~ ~ ~~ ~~ ~ ~- .~~:.. ~ ~... .. ~b, ~,~ _~,..`, ~ ~ m ~ .:~~_~~: ~~~ ~~= 106: Prior to issuance of any building permit, com plete DSRSD Issuance of Standard improvement plans shalt be submitted to DSRSD .that building conform to the requirements of the Dublin San Ramon permit . Services District Code, the >DSRSD "-Standard .~ ~~ . , . . Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable~ DSRSD Master Plans and all DSRSD olicies. 107. All mains shall be sized to provide sufficient capacity to DSRSD issuance of Standard accommodate future flow demands in addition to each building development project's demand. Layout and sizing of permits mains shall be in conformance with DSRSD utility master lannin . 108. Sewers shall be designed to operate by gravity flow to DSRSD Improvement Standard DSRSD's ezisting sanitary sewer system. Pumping of Plans sewa e is discoura ed and ma onl . be allowed under Page 22 of 25 C~3 ~~ a$~3 ;~ ,~ °4 W~; No E ~•'.F.~S'~~'.~ r~ r ca-~c ~`~' ~,~-~~~~C~(~D~TION~ r ~~ ~ r.~~~ ~ ~ ~EXT;;~ ~ ~ l~f L a` d-~~""c~~..~~` ~"'3 s.~ ~T2 ~ -i3Y~ ~ ~ - f S .., ` t' J :.; ~ ~~ s~+-j "~ ~-'~~ ~~ ~ ~ ~ } : es~~n ~,wr;-i F ~ ,. ~ 4c} " ~~ Y~~ ~r~n~=u ~ '.rF~~ t ~ ~ R ~~_'_" y~.- 4 urce~~ ! j,~ i -T~r-A)k ~. ~' 4 .J" ~ ' ~ 4 ~,~,r ~ ~ ~ ' ~ 17 S ~ `_ ~k"~2.~~"` ~ ~ ``.~_'~ 6 '~t:AhE 4" ~ ~ ~? ~ - ""~~~~ ~h ' ' ~ .€, ~ L3S+~ ~ _: ~ ~~ ~ ~. -€ '~ ~ ~h~i,~ µ ~~~ ~ F J ; ~~ ~ ~:, --~ ~~ . ~.. . n e e . 1. ~ x _ ~~ ~ - ~ ~~ ~ ~ ~.,~~ ~ ~ ~~~, - ~ ; ~~~~~~~ ~~~~ ~~~~, ~ :~ .~ _-~ :~ ~ . ~ -~.~. f ~ .. ._.-_ __ .»4 .r , ~ ~ ~~~~ . ~~. ~~ ,~~ . ~r~ ~a ~ ,~~ ~ ". . , . ..: .. . ,~ ~ . ~,.. ~ ~ _ ~ r. ~ ~,~;,, extreme circumstances following a case by case review . with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the Applicant, for any project that re uires a um in station. 109. Domestic and fire protection waterline systems for DSRSD Improvement Standard Tracts or Commercial Developments shall be designed Plans to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. - 110. DSRSD pol'icy requires public water and sewer lines to DSRSD ~ Improvement Standard be. located-..in public streets rather than in off-street ~ ~Plans ~.~ : :. .. ~f ~locations ~to the fullest extent possible. If unavoidable, - ~ ~ ~ ;-~ ~ . --' then ,public' sewer or water easements must be , . _ esta6lished=over-the alignment of each public sewer or , water-line in-an off-street or private street location to provide ~ access for future maintenance and/or re lacement. :" 111. Prior to approval, by the City of a grading permit or a DSRSD Issuance of . Standard site development permit, the locations and widths of all grading ~ , proposed easement dedications for water and sewer permit lines shall be su6mitted to and a roved b DSRSD. 112. All easement dedications for DSRSD facilities shall be DSRSD Issuance of Standard by separate instrument irrevocably offered to DSRSD grading or by offer of dedication on the Fina{ Map. permit or with final ma 113. Prior. to approval by the City for Recordation, the Final DSRSD Recordation Standard . ,;: Map.shall~_be:.submitted to and approved by; DSRSD for ,.}of final, map~ . .,z ~,;r.~.~~.-;~,~,- easement locations, widths, and restricti~ns. 114. Prior to issuance by the City of any Building Permit or DSRSD Recordation Standard Construction Permit by the Dublin San Ramon Services of final map District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. Page 23 of 25 "' ' `~- ~'.~ ~N:o~ ~ ~~~~~~~~~' ~,~r~,~~~ ~ DI71~7rf~T~E~~ rt. - ~.'~ _ ~~' ~ ~~~'~ ZY ~ ~ -,~. : ~,, ~ ~~~ ~ ~ e~ ~pol~ ~ '~'~~W~ie~ f ~ ~ e ~a~urce{~ ~ ~ ~n ~ ~ ~ ~ ~ ' ~a A t _. Z ~ ~s a r °' : ~ e `~ ~ k~~~ ~ y~~~,rs '~ ~ '~ ~. ~- ~": ~ t `~ ~,We,~ r" F :i d3~"'~~ r ~ i ~ ~ 5~~.~J~~~i i~ ~M S ? rr~~ ' ~ . .~..~ ~ itk ~}~ ar'j n ~d'^~°-~°~"~a~ ~' ~~r~ ~-- ~~pt-..~,~,i', ~' ~ ic '~''~1 i '4~" a ~ ~ ~ i iy ~:_L ~ ~,, ~~!~L 1 .~ '° ~"' ^ '~ ~ - r t ~~q ~ ~ ~~ ' s~ ~ . _ ,~#-~# ~rr~.~ ~~f~~ w~3 ~ _ ~ ~:,~~~' '~1i y , .r. a r .n . 115. L r „ ~. o r~ .., . , ~ . _ , ~ , . . ... . ,~~ ~F . ..z.. r, _~ . _._ ; L: ; Prior to issuance by the City of any Building Permit or .... DSRSD . . . _ : Issuance of ,.. Standard ' Construction Permit by the Dublin San Ramon Services building District, whichever comes first, all improvement plans permit for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shalf cantain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 working days for . final improvement drawing review by DSRSD before signature by the.District Engineer. r ~ , 116. .be . No sewer line_. or .,waterline construction shall DSRSD Issuance of. Standard . permitted unless the proper utility construction permit ~ utility : =r -_~ °. has been issued, by ;DSRSD. A construction permit will construction ~ only be issued after aU of the items in Condition No. 9 permit . have been satisfied. 117. The . Applicant ; shall : hold DSRSD, it's Board of DSRSD On-going Standard Directors, ~commissions, -employees, and agents, of DSRSD~ harmless and indemnify and defend the same. from any litigation, _ claims, or fines resulting from the - construction and completion of the project. 118. Improvement plans shall include recycled water DSRSD Improvement Standard improvements as ~equired by DSRSD. Services for Plans landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD . Recycled Water „Use, .~Guidelines and , conform to the , , requirements therein. - ~ 119. Potable mains, Recycled mains, sewer mains and their DSRSD Improvement Project appurtenances shall be located in areas accessible for Plans specific maintenance, repair and servicing at afl times. The Potable Water Main and Sewer Main located under the Central Plaza on the south side of Lot 3 are not in compliance with DSRSD Standard Design Specifications and will need to be moved so that they are not under the permanent structures of the laza. Page 24 of 25 ~s ~~ PASSED, APPROVED AND ADOPTED this 22nd day of March 2011 by the foliowing vote: AYES; Brown, O'Keefe, Schaub, Bhuthimethee " ~ NOES: ~ ABSENT: Wehrenberg ABSTAIN: ~ Planning Commission.Chairperson ,~ . . ~ ,~. ~. .. G.• IPA#V2006106-060 Dublin Transit Center Site CIPC Mtg 3.22.11(2)IPC RESO SDR VTMAVALONSlTE C.DOC Page 25 of 25 ~ ~ ~ ~ ~~~ RESOLUTION NO. 11 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A STAGE 1 DEVELOPMENT PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN FOR THE AVALON BAY COMMUNITIES DUBLIN STATION PROJECT ON SITE C OF THE DUBLIN TRANSIT CENTER PA 06-060 WHEREAS, the Applicant, Avalon Bay Communities, submitted applications for an area of approximately 7.21 acres known as Dublin Station, Site C within the Dublin Transit Center (PA 06-060) and the Eastern Dublin Specific Plan Area; and WHEREAS, the applications 'include: a) Stage 1 Development Plan Amendment and Stage 2 Development Plan; b) Site Development Review; c) Vesting Tentative Tract Map 7929; and d) Development Agreement. The applications collectively define this "Project;" and WHEREAS, the project site generally is located north of the East Dublin BART Station, east of Iron Horse Trail, generally west of Iron Horse Parkway, and immediately south of Campbell Green within the previously approved Dublin Transit Center; and WHEREAS, the Dublin Transif Center project (PA 00-013) was approved by the City Council on December 3, 2002, by Ordinance 21-02 adopting a PD-Stage 1 Planned Development Rezone for an area of 91 acres. The Stage 1 Planned Development Rezone provided for various land uses including the development of 1,500 units; and WHEREAS, the Planning Commission, at their meeting of September 14, 2010, reviewed a 486 unit project on this site including. a Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, Vesting Tentative Tract Map 7929 and a Development Agreement; and • WHEREAS, The Planning Commission approved the Site Development Review and Vesting Tentative Tract Map 7929 and . recommended the City Council adopt an ordinance amending the Stage 1 Development Plan and the Stage 2 Development Plan and an Ordinance approving the Development Agreement; and WHEREAS, the complete application submitted is available and on file in the Community Development Department; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain p~ojects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code sectian 65457 for residential projects that are consistent with a specific plan. The Project proposes to transfer 100 units from Dublin Transit Center Site A to Page 1 of 2 ATTACHMENT 5 ~~~~ Site C. The sites are designated High Density Residential and have been planned for intensive urban residential development in the General Plan and Eastern Dublin Specific Plan. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395) which was certified .by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no substantial changes to the project or its circumstances, and no substantial new information that would require preparation of a Supplemental EIR; and WHEREAS, a Staff Report, dated March 22, 2011.and incorporated herein by reference, described and analyzed the Project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 22, 2011 at which time all interested parties had the opportunity to be heard; and ~ WHEREAS; the Planning Commission did hear and use their independent judgment and ' considered the prior related EIR~, and all said reports, rec~mmendations, and testimony : . :, ,.;:. : ;;. ,. hereinabove set~forth. ` - NOW, THEREFORE, BE IT RESOLVED ttiat the Dublin Planning Commission, based on the findings in the attached draft ordinance,. recommends that the City Cauncil approve the Ordinance attached as Exhibit A and incorporated herein by reference, which Ordinance adopts a Stage 1 Development Plan Amendment and Stage 2 Development Plan which, among other ~ things, shifts 100 units of developrnent capacity from Site A to Site C, and provides development regulations for Site C. ~ ~ PASSED, APPROVED, AND ADOPTEDthis 22nd day of March 2011 by the following vote: AYES: Brown, O'Keefe, Schaub, Bhuthimethee NOES: ABSENT: Wehrenberg ABSTAIN: Plann g Commissio hair ATTEST: ~ Planning M'a~t'ager G:1PA#12006V06-O60 Dublin Transit Center Site C1PC Mtg 3.22.11 (2)IPC RESO REC PD Stage 1_2 Amendmenfs 3 22 ! 1(2). DOC 2 Of 2 ~~ ~~ RESOLUTION NO. 11 -11 A RESOLUTION OF THE PLANNING COMMISSION . OF THE CITY OF DUBLiN RECOMMENDINGTHAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN STATION, SITE C, DUBLtN TRANSIT CENTER, AVALON BAY COMMUNITIES PA 06-060 WHEREAS, a request has been made by Avalon Bay Communities, ("Applicant") for approval of a Development Agreement for the property known as Dubiin Station, Site C, Dublin Transit Center, an area of approximately 7.21 acres (PA 06-060); and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, Site C within the Dublin Transit Center (PA 06-060) is in the Eastem Dublin ~Specific,Plan Area; and - ~ ; ; . _ WHEREAS, the,.project site generally is-located~nortti of the East Dublin BART Station, :,. , _ east of Iron Horse Trail, generally west of Iron Horse P,ackway, and immediately south of Campbell Green within the previously approved Dublin .Transit Center, and ' WHEREAS, the Dublin Transit. Center projeet (PA . 00-013) was ~ approved by the City ~ Council on December 3, 2002, by Ordinance 21-02.: adopting a. PD-Stage 1 Planned . Development. Th`e Stage 1 Planned Development Rezone .provided for various land uses ,: . inc(uding the development of 1.,500 units; and : . ~. , WHEREAS, the Planning Commission, .at their meeting of September 14, 2010; reviewed a 486 unit project on this site including a Stage.1 Development Flan Amendment and Stage 2. Development Plan, Site Development Review, Vesting Tentative Tract Map 7929 and a ~ Development Agreement; and _ WHEREAS, The Planning Commission approved the -Site. .Development Review and Vesting Tentative Tract Map 7929 and recommended the City Council adopt an ordinance amending the Stage 1 Development Plan and apprdving the Stage 2 Development Plan and an ._. . Ordinance approving the Developmen4 Agreement; and WHEREAS, the Applicant has applied for a Stage 1 Development Plan amendment and Stage 2 Development Plan in accordance with Dublin Zoning Ordinance, Section 8.32; and WHEREAS, the Applicant has applied for Site Development Review and Vesting Tentative Tract Map to develop 505 units on Site C of the Dublin Transit Center; and WHEREAS, the complete application submitted is available and on file in the Community Development Department; and 1 " J° Attachment 6 ~p . 1 O~-~~ ~ WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed. for environmental impacts and that environmental documents.be prepared; and WHEREAS, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project proposes to transfer 100 units from Dublin Transit Center Site A to Site C. The sites are designated High Density Residential and have been planned far intensive urban residential development in the General Plan and Eastern Dublin Specific Plan. The Project is within the scope of the Final Environmental Impact Report for the _ Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement.(SCH 2O01120395) which was certified by City Council Resolution No. 215-02 dated .Novembec .19, 2002. This recommendation is based on .a determination that there are no substantial changes to the project or its circumstances; and no substantial new information that would require preparation of a Supplemental EIR; and . WHEREAS, the proposed Development Agreement is attached to this Resolution as Exhibit B; and WHEREAS, the Planning Commission did hold a public hearing on the application on . March 22, 201.1; and. . ' . _.. .. . . . . . . . . . .. .. _ . . . , ~ .. , . , .. ~ . . ~. 1 ~ _ _ . . ~ . . ~ . . . . . . - . '. .:. . . . . . . ~ . . . . . .. WHEREAS, proper. notice of the public hearing was`;given in all respects .as required by law; and ~ . ~ WHEREAS, a Staff Report was submitted recommending that the Planning Commission ~ recommend..that the City Council approve the Deyelopment Agreement; and ; WHEREAS, the Planning Commission did hear~and 'use their independent judgment and considered the prior certified EIR, and aH said reports, recommendations, and testimony hereinabove set forth. ~ NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning.Commission does hereby make the following findings and determinations regarding the Development Agreement: . 1. The Agreement is consistent with the objectives,, policies, gener.al land, ,uses and `~ '` -~programs~ specified "in the~ Eastem Dublin Specific Plan%General Plan in that: a) ttie Eastern Dublin Specific Plan/General Plan land use designation for ttie subject site is High Density Residential, and that the Developer's project is consistent with that designation; b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific Plan/General_ Plan; c) the Agreement sets forth the rules the Developer and City will be governed by during the development process which is required by the Eastern Dublin Specific Plan and the Mitigation Monitoring Programs of the Dublin Transit Center EIR. 2. The Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the project Page 2 of 3 ~~ ~~ . `~ I approvais include Planned Development Rezone, Site . Development .Review, and Vesting ~ Tentative Map. i i. 3. The Agreement is in . conformity with public convenience, general welfare and good land use practice in that the Developers project will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan. 4. The Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreement and any Conditions of Approval for the Project. . 5. The Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of , Dublin Eastern Dublin Specific Plan/General Plan. ~ BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving the Development ' Agreement between the City of Dublin and Avalon Bay Communities for tfie Dublin Station, Site C, Dublin Transit Center project (FA 06-060) which is included in . Exhibit A and the Development Agreement is attached as Exhibit B. ~ - PASSfD, APPROVED AND ADOPTED this 22nd day of Marc.h 2011 by the following . .vote:. , . . .... ~ . . - AYES: ` Brown, O'Keefe, Schaub, Bhuthimethee - NOES:: ABSENT: ~ Wehrenberg ABSTAIN:• . ~ . . . PI ning Commi ion Ghairperson ATTEST- - I Plan ing P nager _ . ~ ..~.:;. li , . . '1509379 ~ ., " ^ ... ~ . . . } :;. . ` . ; G:IPA#12006106-060 Dublin Transit Center Site CIPC Mtg 3.22.111PC RESO iec DA AVALON Site C 3.22. f 1. DOC Page 3 of 3