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HomeMy WebLinkAbout4.3 Branaugh Property (PLPA-2021-00014)II DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: March 21, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Branaugh Property (PLPA-2021-00014) Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: Agenda Item 4.3 On March 7, 2023, the City Council held a public hearing to consider the Branaugh Property project, which includes an amendment to the existing Planned Development Zoning Stage 1 Development Plan, approval of a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306 and Development Agreement. The City Council approved an Addendum to the Eastern Dublin Specific Plan Environmental Impact Reports, the Vesting Tentative Parcel Map, and introduced the Planned Development Ordinance and Development Agreement Ordinance. The City Council is now being asked to waive the second reading of Ordinances approving the Planned Development Rezone and Development Agreement for the Branaugh project. STAFF RECOMMENDATION: Waive the second readings and: 1) adopt the Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Zoning Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property; and 2) adopt the Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project. FINANCIAL IMPACT: All costs associated with the processing of the application are paid by the applicant. DESCRIPTION: Background The Branaugh property is located north of Interstate 580, adjacent to the eastern city boundary, and south of the Croak property (East Ranch Project) within the Fallon Village project area (refer to Figure 1). Page 1 of 3 23 On March 7, 2023, the City Council held a public hearing and adopted Resolution No. 22-23 approving Vesting Tentative Parcel Map No. 9306 and waived the first reading and introduced Ordinances amending the zoning map and approving the Planned Development Zoning District with the Stage 1 and Stage 2 Development Plan for the project and approving a Development Agreement. Please refer to March 7 City Council Staff Report included as Attachment 6 for a complete description of the proposed project. The City Council is now being asked to adopt the Ordinance approving the Planned Development Zoning (Attachment 1) and the Ordinance approving the Development Agreement (Attachment 4) for the Branaugh Property Project. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Prior CEQA analysis for the Fallon East project area includes: 1) the East Dublin General Plan and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the "EDSP EIRs." Pursuant to CEQA Guidelines and using the City's Initial Study Checklist, the City assessed whether any further environmental review is required for the proposed project and determined an Addendum to the EDSP EIRs is the appropriate CEQA review. Page 2 of 3 24 STRATEGIC PLAN INITIATIVE: Strategy 5: Large Land Tract Development and Open Space. Objective B: Work with the area property owners in conjunction with the Dublin Blvd. extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Zoning Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for Branaugh Property 2) Exhibit A to the Ordinance - Architectural Guidelines 3) Exhibit B to the Ordinance - Landscape Guidelines 4) Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project 5) Exhibit A to the Ordinance - Development Agreement 6) City Council March 7, 2023 Staff Report, without attachments Page 3 of 3 25 ORDINANCE NO. xx — 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN Attachment I AMENDING THE ZONING MAP AND APPROVING AMENDMENTS TO PLANNED DEVELOPMENT ZONING ORDINANCE NO. 32-05 FOR FALLON VILLAGE AND APPROVING A PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR THE BRANAUGH PROPERTY PLPA 2021-00014 (APN 905-0001-004-04) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Branaugh Property is located in the Fallon Village Project area. Through Ordinance No. 32-05, the City Council adopted a Planned Development Zoning Stage 1 Development Plan the Fallon Village Project Area which, among other approvals, established the maximum number of residential units at 3,108 units for the Fallon Village Project Area. B. The Applicant, Randy Branaugh, is requesting a Planned Development Zoning Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The proposed Project would allow up to 97 residential units and 527,773 square feet of industrial uses. Requested land use approvals include a Planned Development Zoning Stage 2 Development Plan, amendments to the Stage 1 Development Plan, and Vesting Tentative Parcel Map No. 9306 and a Development Agreement among other related actions. These planning and implementing actions are collectively known as the "Branaugh Property Project" or the "Project." C. The 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin, north of Interstate 580 and immediately adjacent to the City limit and urban limit line. D. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Addendum for the Project, which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project. Prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the "EDSP EIRs." E. Following a public hearing on February 14, 2023, the Planning Commission adopted Resolution No. 23-01, recommending approval of the Addendum and the Branaugh Property Project. F. The City Council considered the Addendum to the EDSP EIRs, and all above referenced reports, recommendations, and testimony prior to taking action on the Project. G. On March 7, 2023, the City Council adopted Resolution No. 22-23 approving Vesting Tentative Parcel Map No. 9306. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9 26 SECTION 2: FINDINGS A. Pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 in that 1) it provides maximum flexibility and diversification in the development of property; 2) maintains consistency with, and implement the provisions of, the Dublin General Plan and the Eastern Dublin Specific Plan; 3) protects the integrity and character of both residential and non-residential areas of the City; 4) encourages efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features; 5) provide for effective development of public facilities and services for the site; 6) encourages use of design features to achieve development that is compatible with the area; and 7) allows for creative and imaginative design that will promote amenities beyond those expected in conventional developments. 2. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas in that 1) the proposed project is located within the Fallon Village Stage 1 Development Plan area which has a mixed of residential, commercial and industrial areas; 2) the project's residential area will be consistent with the planned residential project (East Ranch) to the north and medium density residential land use to the west and 3) the industrial area to the west is envisioned to be developed with similar and compatible uses. 3. The subject site is physically suitable for the type, intensity of the zoning district being proposed in that the proposed density and development standards in the proposed zoning is consistent with the existing Stage 1 Development Plan and existing land use designations in the General Plan and Eastern Dublin Specific Plan. 4. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that 1) the proposed amendment addresses the planned design of the Dublin Boulevard extension and provides for a higher FAR for warehousing uses only consistent with the General Plan and Eastern Dublin Specific Plan and 2) the industrial area to the west is envisioned to be developed with similar and compatible uses. 5. The proposed amendment is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan in that the proposed land uses are densities are consistent with existing land use designations in the General Plan and Eastern Dublin Specific Plan. B. Pursuant to Ordinance No. 32-05 Section 3.2.A.3), the City Council makes the following findings regarding the amendments to the Stage 1 Development Plan as follows: 1. The proposed use and development is consistent with the General Plan, Eastern Dublin Specific Plan and Zoning Ordinance. 2. The proposed development is consistent with Stage 1 and 2 design guidelines. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 9 27 3. Appropriate transitions are developed between projects where an industrial use is adjacent to a different use. These transitions can be created through careful design of landscaping, consideration of the relationship of the uses to buildings on surrounding sites, building and circulation layout, and setbacks. 4. The size, scale and intensity of development do not conflict with the character of the district and adjacent land uses. 5. Adequate space, light, and air along with visual and acoustical privacy are provided 6. No excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences are generated. 7. On and off -site vehicular and pedestrian linkages and circulation are functional and minimize barriers. 8. Streetscapes and parking lots are varied, create visual interest and are pedestrian friendly. 9. The development provides access to public transit and services. 10. Adequate on -site parking, including the ability to participate in shared parking, is provided. 11. Where possible, certain elements should be coordinated and shared, including access drives; internal circulation; perimeter open space and landscape buffers; service, loading, and refuse locations; and drainage, detention, and water quality facilities. C. Pursuant to the Eastern Dublin Specific Plan Section 4.8.2 related to the increase in FAR to 0.40 for warehousing uses, the City Council finds as follows: 1. Unique project characteristics which result in reduced impacts relative to other uses in the same area (e.g., lower traffic generation); 2. Unique project building requirements (e.g., warehouse uses that have large land coverage requirements but low employment densities); and 3. Extraordinary benefits to the City. The establishment of the Economic Development Zone (EDZ) and Incentives package was approved by City Council on May 18, 2021, for properties east of Fallon Road along the Dublin Boulevard extension. The EDZ encourages investments in the targeted industry sectors prioritized by City Council, including "Med-Tech" and "Bio-Tech" companies and startups. The final users of the industrial parcels are unknown and therefore, the Planned Development Stage 2 Development Plan provides flexibility to support uses targeted by the EDZ incentives package. An FAR of 0.40 for warehousing uses is needed to obtain the building square footage to meet the users' needs. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 9 28 SECTION 3. AMENDMENTS TO THE OF STAGE 1 DEVELOPMENT PLAN ORDINANCE NO. 32-05 Fallon Village Stage 1 Development Plan On December 20, 2005, the City Council approved a Stage 1 Development Plan for the 1,134- acre Fallon Village Project, pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. The Planned Development Stage 1 Development Plan for the Fallon Village Project is amended as shown below: 5. Site area, proposed densities. The Table in Section 5 (Site area, proposed densities) of Ordinance 32-05 is amended to add a footnote to the Industrial Park land use, as shown below to, increase the FAR for the Industrial Park land use on the Branaugh Property to 0.40 FAR as follows: Land Use Single Family Residential Medium Density Residential Medium High Density Residential Rural Residential/Agriculture Mixed Use General Commercial General Commercial/ Campus Office Industrial Park Community Park Neighborhood Park Neighborhood Square Open Space Elementary School Semi -Public Public/Semi-Public Acreage 403.6 acres 60.1 acres 23.8 acres 142.9 acres 6.4 acres 72.1 acres 72.7 acres Density 0-6.0 units/acre 6.1-14.0 units/acre 14.1-25.0 units/acre 1 unit/100 acres 0.3-1.00 FAR 0.20-0.60 FAR 0.2-0.80 FAR 0.35 / 0.40 FARE 0.50 FAR 0.50 FAR The maximum FAR for warehousing uses is 0.40 FAR for the Branaugh Property only. other uses and parcels the maximum FAR is 0.35 FAR. 61.3 acres 18.3 acres 23.6 acres 8.0 acres 211.2 acres 21.1 acres 4.1 acres 4.5 acres SECTION 4: ZONING MAP AMENDMENT For all Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District: 40.16-acres within APN 905-0001-004-04 (the "Property") A map of the rezoning area is shown below: Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 9 29 SECTION 5. APPROVAL OF STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the entire 40.16-acre project area, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. Stage 2 Development Plan The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements of a Stage 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for the Branaugh Property (PLPA-2021-00014). The PD-Planned Development District and this Stage 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Statement of compatibility with the Stage 1 Development Plan. The Branaugh Property Stage 2 Development Plan is consistent with the Stage 1 Development Plan for the Fallon Village Project area (Ordinance No. 32-05), as amended in Section 3 above. 2. Statement of Uses. Permitted, conditional, accessory and temporary uses are allowed as set forth in the Stage 1 Planned Development Rezone amendment for Fallon Village in Ordinance No. 32-05, incorporated herein by reference. 3. Stage 2 Site Plan. The following Stage 2 Site Plan is conceptual. Final site design shall be determined by the Site Development Review Permit. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 9 30 MONTE VISTA J 40-7--'!� s r' LI Il. INWSTRNLL RIGHETTI ENTRY ROAD TOSE °QAFFD HYMONTE VISTA AND BRANAUGH PROPERTY POTENTIAL PEDESTRIAN/VEHICULAR C�ONNEC7ION TO MONTE VISTA DUSTRIAL LIVBOR MANNING 4. Development Regulations. Industrial Development Standards ///POTENTIAL PEDESTRIANNEHICUlAR CONNECTION TO RIGHETR INDUSTRIAL RIGHETTI ruuuu !I,11u111I1 I� PEDESLRANNEHICULAR CONNECTIONS TO RIGHE771RESIDENTIAL STANDARD Maximum FARO) Maximum Building Height (4)(5) Maximum Stories Minimum Building Setbacks (2) (3) Dublin Blvd ROW Adjacent Property 10' Building Side to Side 18' Minimum Parking Setback(2) Dublin Blvd ROW 10' Entry Street 10' Adjacent Property 10' Required Parking 0.35 / .040 35 feet 3 25 feet 10 feet 18 feet 10 feet 10 feet 10 feet Refer to Chapter 8.76 of the Dublin Municipal Code Notes: (1) The maximum FAR for warehousing uses is 0.40 FAR. For all other uses the maximum FAR is 0.35 FAR. (2) Setbacks measured from property line or as otherwise noted. (3) Items such as, but not limited to, air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback. Subject to Building Code requirements for access. (4) Elevator overruns, stair coverings, decorative roof elements, and other architectural or mechanical appetences on buildings may extend a maximum of 5 feet above the maximum building height. (5) Proposed construction within 20,000 feet of Airport Runway may require FAA review. Building height subject to FAA Airspace Obstructions Standards Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 9 31 Residential Development Standards CRITERIA Medium Density Lot Medium Density Small Lot Medium Density Duplex/Triplex Product Type Lot Size Typical Lot Width(16) Maximum Lot Coverage (13) (14) Maximum Building Height (4)(17) Maximum Stories (7) Minimum Front Yard Setbacks (1) (2)(11)(16)(18) Living Area Porch Garage (8) Minimum Side Yard Setbacks (1)(2)(3)(4)(5)(1 0) Living Area Porch Courtyard (6)(15) Encroachments Minimum Rear Yard Setbacks (1)(2)(9)(11)(13) Living Area Covered Patio Accessory Structures Required Parking (12)(19) Maximum Encroachments(3) Minimum Usable Private Open Space (SF) Single Family Detached 4000 SF and Greater 50' Wide and above 45% Two Story; 55% One Story 35' 2 Single Family Detached 3000 SF and Greater 40' Wide and Above 55% 35' 2 12' 10' to ROW or 8' to Court 10' 8' to ROW or 6' to Court 18' Front Load 14' Side Load 4'/5' Garage Side 4' 0' (3) 12' avg per lot.; 5' min (4) 10' Refer to Chapter 8.40 of Municipal Code Refer to Chapter 8.76 of Municipal Code 2' 400 S.F with a min. dimension of 10 ft. Yard area may be provided in more than one location within a lot with a min of 80 SF yard or courtyard area. Notes: (1) Setbacks measured from property line or as otherwise noted. Setbacks to "Court" refer to back of curb. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 9 18' Front Load 4'/5' Garage Side 4' 0' (3) 10' avg per lot.; 5' min (4) 5' Refer to Chapter 8.40 of Municipal Code Refer to Chapter 8.76 of Municipal Code 2' Attached Multi -Family N/A N/A N/A 40' 3 8' to ROW; 20' Building to Building 6' to ROW; 15' Porch to Porch 4' to ROW/Alley 0/5' 0/5' 0' (3) 5' (13) N/A Refer to Chapter 8.40 of Municipal Code Refer to Chapter 8.76 of Municipal Code 2' 150 S.F with a min. dimension of 5 ft 100 SF patio with a 10' min dimension or a 50 SF upper level deck with a 5' min inside dimension 32 (2) See following pages for graphic depiction of above standards. (3) Items such as, but not limited to air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback of one side yard, provided a minimum of a 3' flat and level area is maintained for access around the house. (4) Subject to the Building Code requirements for access. (5) Building setbacks shall be subject to review and approval of Building Official for Building Code and Fire Code issues. Setback to building overhang shall be 3' minimum or as required by current City Building Code Standards. (6) Maximum height of a front yard courtyard wall shall be 30" maximum (solid wall) or 42" maximum (transparent/fence) (7) The third floor must be stepped back from front and rear elevation to reduce building mass. (8) Three car garages door and swing in garages are prohibited on lots less than 55' wide. (9) Retaining walls up to 4' high may be used to create a level usable area. Retaining walls in excess of 4' to create usable area are subject to review and approval of the Community Development Director. Retaining walls over 30" in height are subject to safety criteria as determined by the Building Official. (10) Where a minimum 5' HOA parcel lies between a lot and an adjacent street, the lot is not considered a corner lot and interior lot setback standards shall apply. (11) At cul-de-sac bulbs, knuckles and similar conditions where lot depths are less than the standard depth, minimum rear yard setback requirements may be reduced by an amount equal to the min. lot depth minus the actual depth of the lot (i.e.: 100'-90'=10'). In no case will the rear yard setback be reduced to less than 10'. (12) Curbside parking may be counted toward required number of guest spaces. 2 covered side -by - side spots shall be provided. Tandem spaces may not be utilized to meet the parking requirement. (13) Rear Multi Family setback refers to property lines not considered ROW. (14) Driveway apron shall be centered on the garage door. In instances where 3-car front on garages are utilized the driveway apron shall be centered on the entire front on garage plane. (15) Courtyard wall to return to side yard fence or front plane of main residential structure. (16) Lot width dimensions may vary to provide product diversity within each neighborhood, and atypical lot shapes (i.e. non -rectangular) (17) Elevator overruns, stair coverings, decorative roof elements, and similar structures can exceed the building height limit by a maximum of 15 percent. (18) Minimum front / corner setback to living and porch may be subject to grading and specific location of top of pad hinge line. A minimum flat distance of 2' should be maintained between foundation and top of pad hinge. 5. Architectural Guidelines. Please refer to Exhibit A. 6. Landscaping Guidelines. Please refer to Exhibit B. 7. Inclusionary Zoning Regulations. The project shall comply with the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing as a residential development of 20 units or more. 8. Applicable Requirements of the Dublin Zoning Ordinance. Except as specifically provided in this Stage 2 Development Plan and the Stage 1 Development Plan (Ordinance No. 32-05), the use, development, improvement and maintenance of the Property shall be governed by the provision of the Dublin Zoning Ordinance pursuant to 8.32.060C or its successor. The closest comparable zoning districts are as follows: Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 9 33 Residential: R-M Multi -Family Residential District Industrial: M-P Industrial Park and M-2 Heavy Industrial Zoning District, whichever is least restrictive. SECTION 5. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 21st day of March, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 9 34 BRANAUGH DESIGN GUIDELINES DUBLIN, CALIFORNIA A N A R B[' UGH mwl 900.457 architects 35 DEVELOPMENT STANDARDS TABLE OF CONTENTS INTRODUCTION 3 RESIDENTIAL DESIGN GUIDELINES 4 INDUSTRIAL DESIGN GUIDELINES 10 Developed by: SDG Architects, Inc. LANCE CRANNELL, AIA LEED AP NCARB ARCHITECT I PRINCIPAL VERSION: October 2022 Design Team: 111111 SDG Architects, Inc. 3361 Walnut Blvd. Suite 120 Brentwood, CA 94513 925.634.7000 arc litects GATES +ASSOCIATES Gates Landscape Artchitecture 2671 Crow Canyon Rd. San Ramon, CA 94583 925.736.8176 mAcKAY & Soms ENGINEERS PLANNERS SURVEYORS MacKay & Somps 5142 Franklin Dr. Suite B Pleasanton, CA 94588-3368 925.225.0690 2 36 BRANAUGH DESIGN GUIDELINES ill INTRODUCTION The intent of the Branaugh Design Guidelines is to es- tablish expectations and to regulate the design of the residential and industrial uses within the planned de- velopment. These guidelines are intended to assist the developer and design professionals in the design of the architecture, parking, and landscaping within this area. These guidelines will ensure a high quality development while maintaining design and marketplace flexibility. These guidelines are not intended to limit the creativ- ity of the design professionals. The property is within The City of Dublin's East Dublin Specific Plan (EDSP) and The Fallon Village Stage 1 PD. Guidelines from those has been incorporated and where appropriate design concepts have been integrated herein. These guidelines are separate and specific to this subdivision. DESCRIPTION The Branaugh property consists of approximately 40.16 acres within the East Dublin Specific Plan (EDSP) and the Fallon Village Stage 1 PD (PD-1) planning area, 9.87 acres of which is designated Medium density residential and 30.29 acres of which is designated Industrial Park (IP) per the EDSP. The project is proposing 78 units, with the option to provide up to 97 units, within the designated 9.87 acres of Medium density residential and is consistent with the approved Stage 1 PD. The area is also including up to 527,773 SF of industrial buildings on the 30.29 acres of Industrial Park use, and proposing an increase in FAR from 0.35, as shown in the approved PD1, to 0.4. The Branaugh property is located directly east of the Righetti property, south of the Croak property, north of Interstate 580 and the Monte Vista (Town and Country) property, and West of the Crosby (Livbor Manning) property. 3 37 RESIDENTIAL DESIGN GUIDELINES RESIDENTIAL DESIGN GUIDELINES The Residential Design Guidelines are intended to serve as a set of guidelines, recommendations, and requirements to guide property owners, business owners, developers, architects, and other design professionals in understanding the objective of providing for well - designed, attractive, residential development for this planned development area. ARCHITECTURAL VOCABULARY The architectural styles in these guidelines offer a range of building types and styles that have evolved in Cal- ifornia since the turn of the 20th century. These styles represent an inherent attractiveness, informality, and elegance that have enabled them to remain popular over an extended period of time. They all have historic precedents and are visually compatible with one an- other. These styles possess market appeal, communi- ty acceptance and can be successfully expressed in modern merchant built homes. VARIETY REQUIREMENT An important goal of the planned community is to de- velop an interesting mix of plans and elevation styles and to ensure balanced and varied streetscapes. In order to achieve this, the following architectural re- quirements must be met: UNITS PLANS AND ELEVATIONS • For single family detached homes, a minimum of 1 plan with 3 elevations shall be provided for every 25 units. STYLE AND MASSING • Plans and elevations should be mixed within a development to avoid repetition of identical fa- cades and roof lines. • Houses on corner lots should receive the same level of articulation on both the front and corner side facades. COLORS • A minimum of 3 different color schemes shall be provided for each architectural style • Select color schemes appropriate to the archi- tectural style • A minimum of 2 trim colors shall be provided for each primary base color. • Wrap colors around details such as wood or foam window and door trim appropriate to the architectural style. • Relate color changes to plane changes and materials changes. 4 38 BRANAUGH DESIGN GUIDELINES All ARCHITECTURE These guidelines aim to promote high quality architec- tural designs that enhance the character of Dublin. Neighborhood developments shall utilize architectural styles that complement each other when grouped together. A. ARCHITECTURAL STYLES The architectural styles have been divided into four ar- chitectural groups. Each group represents one of the great movements in the development of architectural styles in the United States and specifically California. The styles are grouped as follows: MEDITERRANEAN • Spanish Eclectic • Monterey • Tuscan COTTAGE • French Country • English Tudor AMERICAN HERITAGE • Craftsman • Arts & Crafts • Prairie TRADITIONAL • Farmhouse • Classic Revival • East Coast Use of these styles are recommended. B. STREET ENVIRONMENT AND BUILDING FRONTAGE Single-family residential development shall efficiently use the site, and relate to the street. 1. Front porches (or porch elements) are en- couraged to create an attractive interface with semi-public front yard areas. 2. The front entry shall be the focal point of the home. Roof elements, columns, porticos, or other architectural features shall be utilized. 3. Garages shall be a subordinate feature and shall not dominate the streetscape. 4. A reduced level of articulation on the less visible side and rear elevations is acceptable. Parcels on corner or visible end of a street shall include articu- lation similar to the front elevation. C. BUILDING FORM AND ARTICULATION Building form and articulation includes variation in wall planes (projections and recesses) and wall height (vertical relief) as well as variations in roof forms and heights to reduce the perceived scale of the structure. 1. Residential homes shall incorporate articulation of all facades, including variation in massing, roof forms, and wall planes, as well as surface articula- tion. 2. The highest level of articulation will likely occur on the front facade and facades visible from pub- lic streets. Similar and complementary massing, materials, and details shall be incorporated into every other structure elevation. 3. Elements and details of homes shall be true to the chosen architectural style. Details such as projecting eaves, tapered columns and ex- posed beams are characteristics of a Craftsman style house 4. Surface detailing shall not serve as a substitute for well integrated and distinctive massing. 5. Architectural elements that add visual interest, scale, and character such as recessed or project- ing balconies, trellises, recessed windows, and porches are encouraged. 6. Architectural elements such as overhangs, trellises, projections, and awnings shall be used to create shadows that contribute to a structure's character. 5 39 RESIDENTIAL DESIGN GUIDELINES 7. Massing shall accentuate entries and minimize garage prominence. The chimney is a featured architectural element along with window inserts and trim D. BUILDING HEIGHT Heights per Section 4 Development Regulations in Planned Development. Single-family residential homes shall be one or two sto- ries. Homes shall have varied heights to create visual interest in the neighborhood. This Second Story addition over part of the existing structure uses the same architectural style, materials and rooflines. E. ROOF AND UPPER STORY DETAILS Visual diversity shall be created by incorporating mul- tiple rooflines and designs while remaining consistent with the architectural style of the home. 1. A variety of roofs shall be incorporated through- out the development (e.g., gabled, hipped, dor- mers, etc.). 2. Multi -form roofs, gabled, hipped, and shed roof combinations are encouraged to create varying roof forms, and break up the massing of the building. Craftsman roofs feature intersecting gables to create an interesting building form 3. Full, sloped roofs are strongly encouraged with both vertical and horizontal roof articulations. 4. Roof overhangs shall be sized appropriately for the desired architectural style. 5. Exposed gutters and downspouts, unless de- signed as an outstanding architectural feature of the overall theme, shall be colored to match fascia. 6 40 BRANAUGH DESIGN GUIDELINES ill F. BUILDING MATERIALS AND FINISHES The use of high quality materials will create a look of permanence within a project. Materials and colors shall be varied to generate visual interest in the fa- cades and to avoid the monotonous appearance that is sometimes common in some contemporary residential development projects. 1. Key portions of the facade shall be enhanced with special materials or color. A heavy material such as brick serves as a strong base for a house The white trim on this house contrasts with the blue siding for a pleasing appearance 2. Material changes shall occur at intersecting planes, at inside corners of changing wall planes or where architectural elements intersect (e.g., chimney, pilaster, projection, fence line, etc.) 3. Contrasting but complementary colors shall be used for trim, windows, doors, and key architectur- al elements. 4. Roof materials and colors shall be consistent with the desired architectural style. 5. Visually heavier materials shall be used lower on the structure elevation to form the base of the structure. 6. Stucco may be an appropriate building mate- rial if careful attention is paid to ensure it is appro- priate to the architectural style of the house (i.e., the creamier stucco colors and finishes of a Span- ish eclectic home would be appropriate). 7 41 RESIDENTIAL DESIGN GUIDELINES G. WINDOWS, DOORS AND ENTRIES The desired architectural style of the building can be captured by carefully designing windows, doors, and entries. 1. Entrances shall be enhanced by using lighting, landscaping, and architecture detailing. 2. The main entrance to a home shall be clearly identifiable and shall be articulated with pro- jecting or recessed forms so as to create a cov- ered landing that will provide for shelter from the weather. 3. Window type, material, shape, and proportion shall complement the architectural style of the building. A recessed entry to a house adds interest and provides protection from the elements 4. Windows shall be located to maximize incom- ing daylight and reduce the need for indoor light- ing and promote energy efficiency. Environmental Protection Agency (EPA) "Energy Star" windows with low e-coatings shall be used. An inset window is appropriate for Spanish Colonial style houses 5. In order to enhance privacy, windows on side elevations shall be staggered and not be posi- tioned directly opposite of the adjacent structure's windows. 6. Where windows have mullions they should be appropriate to the architectural style of the struc- ture. 7. Where architecturally appropriate, feature win- dows shall be generously inset from structure walls to create shade and shadow detail. The minimum inset shall be six inches 8. Windows shall be articulated with sills, trim, kick- ers, shutters, or awnings that are authentic to the architectural style of the structure. mm 8 42 BRANAUGH DESIGN GUIDELINES All H. GARAGES When garages are well integrated into a project it will ensure that they do not dominate front facades. 1. Garage doors shall be recessed a minimum of 3.5 inches from the face of the garage. 2. Garage doors facing the street shall be set back from the exterior face of the main house or porch to help reduce their visual impact. The garage pictured here is set back from the rest of the house to de-emphasize its visual impact on the streetscape 3. Swing in garages are permitted and shall ad- here to the setbacks described in this document. 4. Garage doors shall incorporate panels and/or windows to articulate large planes. 5. Garage standards shall be: Interior dimensions: twenty by twenty feet clear; Minimum garage door width of eight feet single, sixteen feet double; Seven feet minimum height. I. COMPATIBILITY WITH ADJACENT PROPERTIES Homes shall vary from adjacent neighbors in architec- tural style, height, and material selection, while still re- lating to the overall theme of the larger development as a whole. Variation in elevation style, colors and materials shall be used to provide a variety and visual intrest. 9 43 INDUSTRIAL DESIGN GUIDELINES INDUSTRIAL DESIGN GUIDELINES The Industrial Design Guidelines are intended to serve as a point of reference to guide property owners, business owners, developers, architects, and other design professionals in understanding the objective of providing for well -designed, attractive, high quality industrial development in the Industrial Area. PROJECT DESCRIPTION Branaugh Industrial is envisioned as an extension of the community along the future Dublin Boulevard Extension project. The Branaugh Industrial design concept should be compatible with the general commercial character of the nearby industrial parcels. A unique sense of place can be achieved through rich and varied contemporary architectural character. The Branaugh Industrial Architectural Design Guidelines draw from the surrounding larger, more modern urban and suburban areas. Both visual and physical elements of the Branaugh Industrial Park will appeal to communities because it helps provide a place for synergy and utility for commerce in an environment people want to participate in, be part of and enjoy. The successful development of Branaugh Industrial depends on many considerations beyond the built environment. The implementation of these guidelines will help to provide an initial step in creating the environment in which the industrial Park will live and thrive within the community it serves. These guidelines include a description of design objectives and stylistic analogs to be incorporated into the overall architectural concept for Branaugh Industrial. BRANAUGH INDUSTRIAL CHARACTER The overall character and feel of Branaugh Industrial shall use a variety of cohesive styles, materials, colors and textures. The use of pattern and scale will integrate all of the different design principles, creating a unified project. Elements such as awnings, windows and storefront glazing will enhance building articulation. Application of good design principles should incorporate building scale and proportion, color theory, lighting, storefront design, landscape design, as well as keeping modern construction practices in mind with respect to building development throughout Branaugh Industrial. The goal is to create a unique sense of place and that is complementary to its surroundings. Branaugh Industrial may consists of several types and sizes of industrial buildings based on market needs but the overall design of the Industrial park should have a consistent theme with minor variations as appropriate to the building and its use. The main elements that typically define the character of Branaugh Industrial are: • Building Mass & Form • Materials & Colors • Contemporary Architectural Style • Entry features • Landscape Guidelines • Parking and Vehicular Circulation These components are fundamental to the creation of a successful Industrial Park. They must each be addressed in regard to design, location, scale and use. 10 44 BRANAUGH DESIGN GUIDELINES AREA CHARACTER 1. New development, including expansions, ren- ovations, and any exterior modifications, should reflect the design characteristics of the commer- cial and light industrial surrounding area, including project design, architectural styles, and established landscape patterns, which are consistent with the purpose of the City of Dublin's Site Development Review Permit. 2. Setback treatments for new buildings from streets should provide a positive image to the existing streetscape. 3. Generally, transitions between existing and new buildings should be gradual. The height and mass of new projects should not create abrupt chang- es in close proximity to existing buildings, unless the area is clearly transitioning to a more intense devel- opment pattern. SITE DESIGN 1. Primary site and building entry points are strongly encouraged to generate visual interest with spe- cial design features such as decorative or textured paving, flowering accents, special lighting, monu- mentation, walls, shrubs, water features, and the use of sizeable specimen trees. 2. The parking lot should not be the dominant vi- sual element of the site as viewed from the street. Locate or place parking lots at the side and rear of buildings or use parking lot screening to soften their appearance. 3. On corner sites, establish a prominent streets - cape presence and add visual interest by either lo- cating buildings near the intersection to enliven the streetscape or using landscaping or planter walls to frame the intersection. Parking areas immediately adjacent to intersections are discouraged. 4. Project sites should be designed so that areas used for outdoor storage, and other potentially un- sightly areas are screened from public view. 5. Consider views from Highway 580 and other views from above when siting and designing build- ings, storage yards, utilities, and equipment. 6. Site accessories such as bicycle racks, trash re- ceptacles, planters, benches, shade structures and lighting should be designed as an integral part of the project. The architectural character and use of materials for these accessories should be consistent with the overall project design. 7. Structures and site improvements should be lo- cated and designed to avoid conflict with adja- cent uses. 8. When appropriate, integrate spaces into a site plan for use by employees or customers to sit or rest. INTERFACE WITH RESIDENTIAL USES 1. Loading areas, access and circulation driveways, trash, and storage areas, and rooftop equipment should have adequate landscape buffering. 2. Window orientation for industrial buildings should preclude a direct line of sight into adjacent resi- dential private open spaces or windows. First floor windows may be appropriate if screened with ap- propriate fencing. 3. When industrial buildings back up to residential properties, the industrial setback should be land- scaped or screened, as well as functionally and/ or visually combined with residential open space where possible. PARKING AND CIRCULATION 1. Vehicular and pedestrian connections between adjacent developments are a priority within the area and should be established when feasible. 2. Whenever possible, provide common driveways for access to more than one site or development which reduces the number of driveways and con- tributes to a continuous streetscape. 3. Gates to parking areas shall be located to pre- vent vehicle stacking or queuing on the street. 4. Gates to parking areas should be designed with materials and color that are compatible with the site. 5. Parking areas visible from public streets shall be separated from buildings by either a raised walk- 11 45 INDUSTRIAL DESIGN GUIDELINES way or landscape strip at least 4 feet wide. Situa- tions where parking aisles or spaces directly abut the building are discouraged. 6. Separate vehicles and pedestrians. Design park- ing areas so that pedestrians walk parallel to mov- ing cars. Minimize the need for the pedestrian to cross parking aisles and landscape areas. These features may be combined with required accessi- bility requirements. 7. For new development, consider adding a land- scaped buffer to screen views of automobiles while permitting views of buildings beyond. STORAGE YARDS/SERVICE FACILITIES Providing adequate service facilities is critical to the efficient functioning of industrial buildings. The design of these facilities also presents an opportuni- ty in preventing nuisance (noise, odor, visual) prob- lems in the future. 1. Where appropriate and feasible, `service yards' are encouraged over the dispersal of service facil- ities around the site. Service yards should include provisions for loading, trash bins (in lieu of a trash enclosure), utility cabinets, utility meters, transform- ers, and other outdoor mechanical equipment, when possible. 2. Loading and outdoor storage activities should be concentrated and located in a manner to mini- mize nuisances for the surrounding area. 3. All service yards and outdoor storage areas shall be enclosed or screened from view from local streets. When designing these facilities, also con- sider the views from HWY 580, neighboring parcels and the residential area to the North. Screening may include walls, buildings, gates, landscaping, berming, or combinations thereof. 4. Service yards should be located and designed for easy access by service vehicles and for conve- nient access by each tenant. 5. The design of service yard walls and similar ac- cessory site elements should be compatible with the architecture of the main building(s), and should use a similar palette of materials and colors. TRASH ENCLOSURES 1. Trash and storage enclosures should be architec- turally compatible with the project design. Land- scaping should be used to screen and deter graffiti. 2. Trash enclosures should be unobtrusive and should be conveniently accessible for trash dispos- al and collection. 3. Trash enclosures should be located away from residential uses to minimize nuisance to adjacent properties. 4. Trash receptacle design should coordinate with other streetscape furnishings. 5. Roof structures for trash enclosures should be ar- chitecturally compatible with buildings on the site. LOADING AREAS 1. To the fullest extent possible, loading areas and vehicle access doors should not be visible from public streets. 2. Loading driveways shall not back onto streets or encroach into landscaped setback areas. 3. Loading doors should be integrated into building elevations and given the same architectural treat- ment where feasible. UTILITY EQUIPMENT 1. To the fullest extent possible, utility equipment should be located in a manner which minimizes vis- ibility from the street or the front of a site. 2. Utility equipment such as electric and gas me- ters, electrical panels, and junction boxes shall be screened from view or incorporated into the archi- tecture of the building. 3. Utility devices, such as transformers and backflow preventers, should not dominate the front land- scape area. When transformers are unavoidable in the front setback area, they should be screened by an enclosure or thick landscaping, in accordance with utility company regulations. mm 12 46 BRANAUGH DESIGN GUIDELINES 6 4. All utility lines from the service drop to the site shall be located underground. MECHANICAL EQUIPMENT 1. Mechanical equipment shall be located in a manner that minimizes visual impact and be screened from public view by enclosures or land- scaping on all sides. 2. All mechanical equipment such as compressors, air conditioners, antennas, pumps, heating and ventilating equipment, emergency generators, chillers, elevator penthouses, water tanks, stand pipes, solar collectors, satellite dishes and Light In- dustrial communications equipment, and any oth- er types of mechanical equipment for the building shall be concealed from view of public streets, and to the fullest extent possible, public areas of neigh- boring properties. 3. For new construction, mechanical equipment shall not be located on the roof of a structure un- less the equipment can be hidden by building ele- ments that are designed as an integral part of the building design. 4. For exterior modifications of existing structures, all roof -mounted equipment must be screened in a manner that is compatible with the architecture and materials of the building. 13 47 INDUSTRIAL DESIGN GUIDELINES BUILDING PLACEMENT AND DESIGN 1. Buildings shall be designed with wall variations, such as insets and pop -outs. Facade elements, such as entryways, windows, etc should face the primary street frontage(s). 2. Buildings along streets and 1-580 shall feature ar- chitecturally -detailed elevations and views of en- tries or activity areas. 3. Public entrances and primary building elevations should be oriented toward the street whenever possible. 4. Buildings in a single project should create a positive functional relationship with one another. Whenever possible, buildings should be clustered. This prevents long "barrack -like" rows of buildings. When clustering is impractical, a visual link should be established between buildings. This link can be accomplished through the use of landscape, an arcade system, trellis, colonnade, or other open structures. BUILDING DESIGN The design and placement of industrial buildings should respond to the general characteristics of the surroundings as well as to the vision of the In- dustrial Area. BUILDING FORM AND SCALE 1. In order to relate to other nearby buildings, when possible, incorporate interesting building elements from surrounding buildings. 2. Buildings should contain the three traditional parts of a building in appropriate proportions: base, mid section, and top. 3. The scale of new buildings should be compatible with adjacent buildings. Use transitions to achieve compatibility between larger buildings next to small scale buildings; transition techniques should include building elements of different heights, building or roof articulation, and building projections such as covered walkways. 4. Franchise architecture is generally discouraged, although the use of corporate identifying elements may be appropriate on a building that otherwise reflects the desired vision of the area. BUILDING ELEMENTS 1. A consistent architectural style should be used for a building, auxiliary structure, and all related site el- ements, such as screen walls, planters, trellises, and street furniture. 2. Expansions to existing buildings should provide for continuity between the old building and the new addition. The addition need not strictly match the existing building, but should include prominent de- sign elements of the old building or the addition of architectural elements to the old building to pro- vide architecture compatibility between old and new. 3. Building Base - The lowest portion of a building at grade creates opportunity to establish an ar- chitectural base. This base may be a projection, a change in surface texture, or a change in material or color. The size of the base should be in propor- tion to the overall size of the building. This is not a requirement but it is encouraged. a. Base materials should be highly resistant to damage, defacement, and general wear and tear. Pre -cast decorative concrete, stone mason- ry, brick, slate, and commercial grade ceramic tile are examples of excellent base materials. The use of anti -graffiti coating on base materials is en- couraged. b. In general, the base materials should appear "heavier" and "darker" in appearance than the materials and color used for the building's main exterior. WINDOWS, DOORS, AND OPENINGS Windows, doors, and other openings should be de- tailed to emphasize them as important parts of the building. 1. Building entries should be framed with architec- tural embellishment for articulation, be visible from the street, and be easily recognizable. 2. Incorporate articulation (insets, pop outs, wing walls, etc.) to avoid unrelieved blank walls. 14 48 BRANAUGH DESIGN GUIDELINES ROOFS Roofs should be an integral part of the building de- sign and overall form of the structure. 1. Roof design may have the appearance of a full roof reflecting traditional forms (i.e., hipped, pitched, flat, etc.) and be integrated to the build- ing, particularly on parapet walls and roof elements used to screen equipment. 2. Earth -toned or muted and durable roof materials are strongly encouraged to create a unifying im- age of an area. 3. Decorative cornices and parapet walls should be used to screen flat roofs and to delineate the building's profile. 4. Vertical roof elements should be used to add in- terest to horizontally -oriented rooflines. 5. Roof overhangs and arcades are encouraged in that they complement a building's design. FINISH MATERIALS 1. Industrial buildings should be constructed using durable but attractive materials which convey a substantial quality appearance. 2. Exterior building treatments, including colors, ma- terials, and architectural detailing, should be con- sistent throughout the building. 3. Exterior building colors should generally consist of earth -toned or neutral colors, with vibrant or bright colors reserved for trim or accent use. 4. Building materials reflecting natural elements, such as stone or wood, are strongly encouraged. 15 49 INDUSTRIAL DESIGN GUIDELINES CONTEMPORARY / MODERN Contemporary / Modern architecture features clean lines with an emphasis on function. The build- ing style simplifies the design with less ornamenta- tion. Decorative moldings and elaborate trim are eliminated or greatly simplified, giving way to a clean aesthetic where materials meet in simple, well -executed joints. An emphasis is placed on rectangular forms and horizontal and vertical lines. Materials are often used in well-defined planes and vertical forms juxtaposed against horizontal ele- ments for dramatic effect. Low, horizontal massing, flat roofs, and emphasis on horizontal planes and broad roof overhangs. The use of traditional ma- terials in new ways such as wood, brick and stone simplified ways reflecting a modern aesthetic. Tra- ditional clapboard siding are replaced with sim- ple vertical board cladding can be used in large, smooth planes. Brick and stonework are simple, un- ornamented, and can be used in rectilinear masses and planes. CHARACTERISTICS • Simple wall planes and surfaces, mass, and vol- umes. • Mass and Volume contrasted with glass and fen- estration. • Roof types include interesting overhangs or un- usual linear elements can be mixed to create a more unique statement flat roofs with parapet. • Diverse use of materials and color. • Simplicity and clarity of forms and elimination of "unnecessary detail" EXAMPLES The following figures depict several types of indus- trial buildings. This is for reference only and shall not be considered as a wholly approved design. Figure 1 16 50 BRANAUGH DESIGN GUIDELINES Figure 2 Figure 4 Figure 6 Figure 3 Figure 5 EXAMPLES FOR REFERENCE ONLY. 17 51 INDUSTRIAL DESIGN GUIDELINES Figure 8 Figure 10 Figure 12 Figure 9 Figure 11 EXAMPLES FOR REFERENCE ONLY. im 18 52 BRANAUGH DESIGN GUIDELINES II /11 arc itects 3361 Walnut Blvd. Brentwood, CA 94513 1925.634.7000 I sdgarchitectsinc.com 53 LANDSCAPE DESIGN GUIDELINES CONCEPT The Branaugh property consists of 9.7 acres of medium density residential and 30.5 acres of Industrial Park use. The site will be well -designed through the choices and arrangement of materials, colors, and textures. The overall landscape theme provides vibrant, flowering plant material that complements architecture and provides seasonal color while encouraging pedestrian access and connectivity to and from adjacent uses and activities. The residential neighborhood will use the proposed Central Parkway extension as the primary access. The neighborhood entrance will be distinct yet complementary to the character of the adjacent neighborhood. The proposed landscape will support a strong, visual identity to the neighborhood. Internal streets and sidewalks of the residential community are complemented using a variety of upright deciduous trees for solar exposure coupled with low growing flowering groundcover enhancing pedestrian connections to the public sidewalks. The non-residential industrial parcels will have access from the future Dublin Boulevard extension. The industrial park landscaping will serve a variety of functions, including softening the edges of development, screening unattractive views, buffering incompatible uses, providing shade, and increasing the overall aesthetic appeal of the site. DESIGN PRINCIPLES • Continue the theme and plant palette of east Dublin, Dublin Boulevard, Central Parkway, and the surrounding neighborhoods. • Ensure landscape consistency between the proposed industrial park and the residential community. • A well -designed site through the choices and arrangement of materials, colors, and textures. • Encourage the industrial park to provide outdoor amenities to employees, such as pedestrian circulation and outdoor seating areas. • Creating environments in which industrial activities and operations may be conducted with minimal impact on the natural environment and surrounding neighborhood. E S RANCH ROAK) J J J J J J _C-J J RESGSIL�TDE T J J RIGHETTI INDUSTI�L PA � rJ J J ��� J J G DEG D ,�I b fl n IIVIIIIIVIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIkb)�°1°1°1°1°1°1°1°1°1°1°1°1 w, LIVBOR MANNING RIGHETTI MONTE VISTA LEGEND J J main pddestrian connedtions s fire access road 0 key entl'y element 100 landscdpe buffer 'HIf8IHIlIlli perimeter fence —� concrelP split rai — — ` — UBLIN Bt'D EX-T,-- — r • •I `II COLLIER CANYON RD. 1-580 LANDSCAPE FRAMEWORK 1 54 BRANAUGH DESIGN GUIDELINES MEDIUM DENSITY RESIDENTIAL NEIGHBORHOOD Neighborhood Entry The Residences at Branaugh property share with Righetti property the primary access, which will come off the proposed Central Parkway extension within the proposed East Ranch project. The entry will include a monument with project branding and thematic landscaping. The landscape palette will emphasize the importance of this space. Accent trees will line the entry on both sides of the street and provide seasonal color. Low -growing shrubs and groundcover will provide continuous interest throughout the year as well as a colorful understory to the accent trees above. Refer to Proposed Plant Palette for select plant species and container sizes. Entry monument with thematic landscape as a neighborhood identification Neighborhood Streets Neighborhood streets will provide a well -planned pattern that guides vehicles and pedestrians throughout the neighborhood units. Street C and Street B will have 5 foot wide landscaping and a 5 foot wide sidewalk on both sides of the street. Streets will be landscaped to provide a comprehensive street scene. Other streets will have a 5 foot wide sidewalk on both sides to link the neighborhood together. Textured paving, such as stamped asphalt, can be utilized in the crosswalk to visually enhance the pedestrian path of travel. Street trees should be coordinated with the utilities and street lights to provide a continuous canopy of trees. Street trees will be planted and maintained by private lot owners when there is no designated planting area within the right-of-way. Additional trees in an irregular pattern and the screening trees adjacent to building ends shall be considered to soften the architecture. Low - growing groundcover, intermediate and background shrubs will be proposed in a tiered effect to provide a variety of landscapes with seasonal color and textural contrast. Refer to the plant palette for suggested plant species and required sizes. Use of stamped asphalt for the crosswalk and entry Incorporate street trees in parkway strips or front yard drive is encouraged. planting areas 2 55 LANDSCAPE DESIGN GUIDELINES MEDIUM DENSITY RESIDENTIAL NEIGHBORHOOD Fences and Walls The landscape system includes community theme walls, fencing, and front yard planting. All elements of the landscape are intended to convey the special character and high quality of the community. In general, fences will be located outside of the view triangles at intersections. Breaks in fence, removable sections or gates will be incorporated for maintenance access of the adjacent utilities, such as water quality basins, where applicable. Good Neighbor Fence - The good neighbor fence will be located between lots. The design is a vertical board wood fence, 6' tall with caps and fascia boards. Wood 4x4 posts are located at a minimum of 8' on center. 4'k4" Post 1"x8"with 1" Overlap Each Side /-2'k6" Cap 2'k12" Kick Board 2 k4" Bottom Rail Q Good Neighbor Fence Scale: N.T.S. 6'-0" 0 8-MAX '-0" MAX �rlrll�rlrll�rlT� Lattice Top Fence Scale: N.T.S. A 1 4 Lattice Fence - This fence will be used parallel to the front of the home. Where side yards abut a residential street, the lattice fence will also be used. Where the fence is adjacent to the street, a minimum of 3' landscape buffer is provided between walkway and fence. Open Space Interface Fence - This will occur along the wildfire buffer lots where they abut open space. The fence should not exceed four feet in height. Concrete Split Rail Fence - This fence is utilized in the landscape along the southern sidewalks of street B serving as a thematic element to keep pedestrians out of water quality basins. CMU Block Wall - Use split face CMU block wall where needed to retain throughout the community. 2"x6" Cap Vertical Wood Lattice 4"x4" Post 1"x8" With 1" Overlap Each Side - 2"x4" Bottom Rail 1"x6" Kick Board ..'Pn MU • liuMMru11�Illr Rao Lrki 1-rot irr+rz®MMMln!!!!!lk CIO Lprl / Fc.OlghW 4 56 BRANAUGH DESIGN GUIDELINES 0 O 0 1 "x4" Top Rail 1 1"x4" Mid Rail 1"x4" Bottom Rail Welded Wre Mesh 2"x4" Grids Open Space Interface Fence Scale: N.T.S. Concrete Split Rail Fence Scale: N.T.S. Thin CMU Cap CMU Block MFR Castlelite Finish Split -Face Color Standard #419 QCMU Retaining Wall Scale: N.T.S. 2"x6" Cap 4"x4" Post inn _I , n� L?s.0011116 1s. 5 57 LANDSCAPE DESIGN GUIDELINES MEDIUM DENSITY RESIDENTIAL NEIGHBORHOOD Stormwater Quality Basin The plant material found within the water quality basins will convey a mosaic effect that demonstrates the bloom and growth cycles of seasonal grasses in gentle patterns and large swaths. All plant material found within the basins will conform with the Alameda County C.3 Stormwater Technical guidelines and requirements. Wildfire Buffer Lot and Fire Access Eleven lots on the east side of the neighborhood are identified as a wildfire buffer lot. Trees along these lots shall be fire safe, which have a favorable rating for plant performance per the Diablo Firesafe Council. The fire access road is located on the east side of the neighborhood. It connects the access road to a neighborhood street in East Ranch. Fire safe plant materials shall be considered in the planting strategy. Fencing adjacent to the fire access road must conform to the Dublin Wildfire Management Plan. Heavy timber wood fencing with 6' returns may be used along the rear property lines. All wood is to be construction -heart redwood fire-hardened/heavy timber to meet the Dublin Wildfire Management requirements. All wood should be fire retardant treated per section 710A.3.2 and 710A.4 7A of the California building code for all exterior wood products. 0 PRIVATE LOT OPEN SPACE INTERFACE iiii FENCE IRRIGATED 4' 12' ` 4' AREA ACCESS ROAD V-DITCH Outdoor Site Elements Street Lighting All street lighting in the residential neighborhood will conform to approved City standards. Street lighting is used for both decoration as well as marking special pathways and landmarks. Model: The Lumec L60 LED Hexagonal Lantern series on 18.5' tall post is recommended, to match the current City's standard. Mailbox Clustered mailbox will be used. The mailbox location/model shall be reviewed and approved by USPS. Signage Signage shall conform to City ordinances. 25' MOWED AREA 45' WILDFIRE MANAGEMENT AREA/ FIRE BUFFER AREA Wildfire Buffer Lot Interface Scale: N.T.S. 1' 0 Street Lighting Scale: N.T.S. 6 58 BRANAUGH DESIGN GUIDELINES INDUSTRIAL PARK Entry The entry to each development area should be clearly visible to motorists. Industrial parks should be marked by entry features. The combined use of landscaping, and varied hardscape, such as contrasting pavement colors or materials, banding or pathways interspersed with alternate paver material, is encouraged. Monument sign designs should use materials and colors consistent with the architectural style and landscaping theme near the entrance of the property. Other signs shall conform with the City of Dublin Sign Design Guidelines for Industrial Zones. Parking Lot Parking lot landscaping should accent driveways, frame the major circulation aisles, and highlight pedestrian pathways. Entrances and exits to and from parking and loading facilities should be provided in compliance with applicable City development requirements. Pedestrian walkways should be accessible, safe, visually attractive, and well-defined by landscaping, site furnishing, and low-level lighting. Landscaping should be protected from vehicular and pedestrian encroachment by raised planting surfaces, depressed walks, or the use of curbs. Concrete mow -strips separating turf and shrub areas should be provided. Screening and Planting Buffer Landscape screening should be used to minimize the visual impact of new development. The industrial buildings should not detract from the scenic and visual quality of the residential community. The use of vines on walls is strongly encouraged in industrial areas to reduce their visual impact and opportunities for graffiti. Parking lots adjacent to and visible from public streets should be screened from view by using evergreen hedges or rolling earth berms. For new development, consider adding a landscaped buffer to screen views of automobiles while permitting views of buildings beyond. As part of the vision of the Light Industrial Area, a coordinated theme for signage is recommended. Optimize landscape coverage of parking lots. Shade canopy trees should be provided in tree wells and at the end of each drive aisle to visually break up long rows of parked vehicles. Refer to Dublin Municipal Code for more requirements. Landscaping materials that are used for screening edges of parking lots from the public right-of- way should be implemented by utilizing one or a combination of the following: a. Evergreen hedges, recommended height of 36 inches. The minimum hedge container size should be 5-gallon; b. Earth berm with a contoured, gradual slope and ground cover, maximum height 42-inch. 7 59 LANDSCAPE DESIGN GUIDELINES Perimeter Fence A fence may be used along the property for security purposes. Landscaping, such as vines and tall hedges, against the fence, is encouraged to improve the aesthetics. Gates should be provided in walls or fences where necessary to allow for emergency or maintenance access. Site Lighting A uniform lighting level shall be provided to ensure safety and security at night. Lighting fixture placement should provide illumination for outdoor areas such as parking, shipping and receiving, pedestrian walkways, and work areas. Short-term Bike Parking Provide bicycle parking to support employees who bike to work. Benches and Trash Receptacles Other site furniture, such as benches and trash receptacles, shall be provided to encourage outdoor activities. Stormwater Quality Basin All plant material found within the basins will conform with the Alameda County C.3 Stormwater Technical guidelines and requirements. Bike Racks Trash and Ash Receptacle Perimeter Fence Post Top Light I, II`IIV� killI!,;,,u,�llllll�IIIIIII i�IIIIW! �1P ��! �Illlllilllll,IyC;C; l9mxf1111111111111 IIII,LIWIIIftW111111II! Bollard Light Bench Mr1 BRANAUGH DESIGN GUIDELINES PLANTING DESIGN Landscaping should enhance the quality of developments by framing and softening the appearance of structures, defining site functions, screening, and buffering adjacent uses. To the fullest extent possible, landscaped areas should generally incorporate planting utilizing a three -tiered system: 1) trees, and taking into consideration the width of the planting area; 2) shrubs; and 3) grasses and ground covers, and vines. PLANTING LIST - TREES TREES ACER BUERGERIANUM ACER RUBRUM ARBUTUS UNEDO CERCIS OCCIDENTALIS CITRUS SPP. DODONAEA VISCOSA GINKGO BILOBA HETEROMELES ARBUTIFOLIA LAGERSTROEMIA INDICA OLEA EUROPAEA PLATANUS X ACERIFOLIA'YARWOOD' PRUNUS X YEDOENSIS 'AKEBONO' QUERCUS AGRIFOLIA QUERCUS LOBATA RHUS LANCEA SCHINUS MOLLE TILIA CORDATA ULMUS PARVIFOLIA'DRAKE COMMON NAME TRIDENT MAPLE RED MAPLE STRAWBERRY TREE SHRUB WESTERN REDBUD MULTI -TRUNK ORANGE TREE HOPSEED BUSH MAIDENHAIR TREE TOYON CRAPE MYRTLE OLIVE MULTI -TRUNK YARWOOD LONDON PLANE TREE AKEBONO YOSHINO CHERRY COAST LIVE OAK VALLEY OAK AFRICAN SUMAC CALIFORNIA PEPPER LITTLELEAF LINDEN DRAKE LACEBARK ELM Pistacia chinensis 'Keith Davey' Tilia cordata 'Green Spire' Ulmus parvifolia Acer paimatum Prunus x yedoensis Lagerstroemia indica SIZE WATER USE 24"BOX M 24"BOX M 24"BOX L 24"BOX VL 15 GAL. M 15 GAL. L 24"BOX M 15 GAL. L 24"BOX L 24"BOX VL 24"BOX M 24"BOX M 24"BOX VL 24"BOX L 24"BOX L 24"BOX VL 24"BOX M 24"BOX L °!!,ill!l lit Acer rubrum uercus lobata 9 61 LANDSCAPE DESIGN GUIDELINES PLANTING LIST - SHRUBS SHRUBS AGAPANTHUS AFRICANUS AGAVE ALOE STRIATA ANIGOZANTHOS SPP. ASPARAGUS DENSIFLORUS'MYERS' BULBINE FRUTESCENS CALLISTEMON VIMINALIS 'LITTLE JOHN' DIETES GRANDIFLORA EPILOBIUM CANUM EUONYMUS JAPONICUS 'GREEN SPIRE FEIJOA SELLOWIANA HESPERALOE PARVIFLORA IRIS DOUGLASIANA KNIPHOFIA UVARIA LANTANA MONTEVIDENSIS'ALBA' NANDINA DOMESTICA PHORMIUM TENAX PITTOSPORUM TOBIRA RHAMNUS CALIFORNICA RIBES SANGUINEUM SALVIA SPP. SEDUM SPP, TEUCRIUM FRUTICANS TULBAGHIA VIOLACEA VERBENA LILACINA 'DE LA MINA' WESTRINGIA FRUTICOSA Salvia spp. Kniphofia uvula Bulbine frutescens Agapanthus COMMON NAME AFRICAN LILY AGAVE CORAL ALOE KANGAROO PAW MYERS ASPARAGUS FERN STALKED BULBINE LITTLE JOHN WEEPING BOTTLEBRUSH FORTNIGHT LILY CALIFORNIA FUCHSIA GREEN SPIRE EUONYMUS PINEAPPLE GUAVA RED YUCCA DOUGLAS IRIS RED HOT POKER WHITE TRAILING LANTANA HEAVENLY BAMBOO NEW ZEALAND FLAX JAPANESE PITTOSPORUM CALIFORNIA COFFEEBERRY RED FLOWERING CURRANT SAGE SEDUM BUSH GERMANDER SOCIETY GARLIC LILAC VERBENA COAST ROSEMARY Aloe striata SIZE WATER USE SPACING 5 GAL M 241' c.c. 5 GAL L 48" o.c. 5 GAL L 24" c.c. 5 GAL L 30" c.c. 5 GAL M 48" o.c. 5 GAL L 36" o.c. 5 GAL L 361' c.c. 5 GAL L 36" o.c. 5 GAL L 361' o.c. 5 GAL L 24" o.c. 5 GAL L 96" o.c. 5 GAL L 42" o.c. 2 GAL L 301' c.c. 2 GAL L 24" o.c. 5 GAL L 48" c.c. 5 GAL L 36" o.c. 5 GAL L 48" o.c. 5 GAL L 48" o.c. 5 GAL L 48" o.c. 5 GAL L 48" o.c. 5 GAL L 48" o.c. 2 GAL L 24" o.c, 5 GAL L 48" o.c. 2 GAL L 30" c.c. 2 GAL L 301' c.c. 5 GAL L 48" o.c. Anigozanthos )fetes ieucrium chamaedrys 10 62 BRANAUGH DESIGN GUIDELINES PLANTING LIST - GRASSES, VINES, & GROUND COVERS GRASSES BOUTELOUA GRACILIS CALAMAGROSTIS X ACUTIFLORA'KARL FOERSTER' CAREX PANSA CHONDROPETALUM TECTORUM FESTUCA MAIREI JUNCUS PATENS 'ELK BLUE' LEYMUS CONDENSATUS 'CANYON PRINCE LOMANDRA LONGIFOLIA 'BREEZE TM MUHLENBERGIA RIGENS VINES BOUGAINVILLEA SPP. FICUS PUMILA HARDENBERGIA VIOLACEA WISTERIA SINENSIS GROUND COVERS ACACIA REDOLENS BACCHARIS PILULARIS CEANOTHUS GRISEUS CORREA PULCHELLA DYMONDIA MARGARETAE JUNIPERUS SABINA' BUFFALO' MYOPORUM PARVIFOLIUM'PINK' ROSA X 'CARPET ROSE PINK' ROSMARINUS OFFICINALIS'HUNTINGTON CARPET Acacia redolens Rosa `Carpet Rose' Bougainvillea spp. Myoporum laetum COMMON NAME BLUE GRAMA GRASS KARL FOERSTER FEATHER REED GRASS SANDDUNE SEDGE SMALL CAPE RUSH ATLAS FESCUE SPREADING RUSH CANYON PRINCE GIANT WILD RYE BREEZE MAT RUSH DEER GRASS COMMON NAME BOUGAINVILLEA CREEPING FIG LILAC VINE CHINESE WISTERIA COMMON NAME BANK CATCLAW COYOTE BRUSH CARMEL CEANOTHUS AUSTRALIAN FUCHSIA SILVER CARPET DYMONDIA SAVIN JUNIPER TRAILING MYOPORUM FLOWERING CARPET ROSE (PINK) HUNTINGTON CARPET ROSEMARY Ficus pumila Calamagrostis 'Karl Foerster' SIZE WATER USE SPACING 1 GAL L 24" o.c. 5 GAL M 36" o.c. 1 GAL M 36" o.c. 5 GAL L 36" o.c. 2 GAL L 36" o.c. 2 GAL L 24" o.c. 5 GAL L 42" o.c. 5 GAL L 36" o.c. 5 GAL L 48" o.c. SIZE WATER USE SPACING 5 GAL L 120" o.c. 5 GAL M 120" o.c. 5 GAL M 120" o.c. 5 GAL M 120" o.c. CONT WATER USE SPACING 2 GAL VL 84" o.c. 1 GAL L 72" o.c. 1 GAL L 60" o.c. 1 GAL L 48" o.c. 1 GAL L 48" o.c. 1 GAL L 72" o.c. 1 GAL L 60" o.c. 2 GAL M 36" o.c. 2 GAL L 42" o.c. _omandra Iongifolia Chondropetalum tectorum 11 63 Attachment 4 ORDINANCE NO. xx - 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BEX DEVELOPMENT RELATED TO THE BRANAUGH PROPERTY PROJECT (PLPA-2021-00014) (APN 905-0001-004-04) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Branaugh Property is located in the Fallon Village Project area. Through Ordinance No. 32-05, the City Council adopted a Stage 1 PD-Planned Development Rezone Amendment for the Fallon Village Project Area which, among other approvals, established the maximum number of residential units at 3,108 units for the Fallon Village Project Area. B. The Applicant, Randy Branaugh, is requesting approval of a Planned Development Zoning Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The proposed Project would allow up to 97 residential units and 527,773 square feet of industrial uses. Requested land use approvals include a Planned Development Zoning Stage 2 Development Plan, amendments to the Stage 1 Development Plan, Vesting Tentative Parcel Map No. 9306, and a Development Agreement among other related actions. These planning and implementing actions are collectively known as the "Branaugh Property Project" or the "Project." C. The 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin, north of Interstate 580 and immediately adjacent to the City limit and urban limit line. D. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Addendum for the Project, which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project. Prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the "EDSP EIRs." E. The proposed Development Agreement is attached to this Resolution as Exhibit A. F. The Planning Commission held a public hearing on the proposed Development Agreement on February 14, 2023, for which public notice was given by law. G. The Planning Commission recommended that the City Council approve the Branaugh Property Project including the Development Agreement by Resolution No. 23-01. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3 64 H. A public hearing on the proposed Development Agreement was held before the City Council on March 7, 2023 for which public notice was given as provided by law. I. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. SECTION 2: FINDINGS AND DETERMINATIONS Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan; (c) the Eastern Dublin Specific Plan, (d) the EDSP EIRs and Addendum prepared for the Project; (e) the Staff Report; (f) information in the entire record of proceeding for the Project, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: A. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, and in the Eastern Dublin Specific Plan in that: (a) the Development Agreement incorporates the objectives policies, general land uses and programs in the General Plan and Specific Plan and does not amend or modify them; and (b) the Project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services. B. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located because the Development Agreement does not amend the uses or regulations in the applicable land use district. C. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan. D. The Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer's proposed Project will proceed in accordance with all the programs and policies of the General Plan, Eastern Dublin Specific Plan, and future Project Approvals and any Conditions of Approval. E. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan, the Eastern Dublin Specific Plan, and future project approvals. F. The Development Agreement specifies the duration of the agreement, the permitted uses of the property, and the obligations of the Applicant. The Development Agreement contains an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process, including all legal fees and costs. SECTION 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the City Manager to execute it. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3 65 SECTION 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 21st day of March, 2023 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3 66 Attachment 5 RECORDING REQUESTED BY: CITY OF DUBLIN WHEN RECORDED MAIL TO: City Clerk City of Dublin ioo Civic Plaza Dublin, CA Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BEX DEVELOPMENT, LLC FOR THE BRANAUGH PROJECT 67 THIS DEVELOPMENT AGREEMENT (this "Agreement" or this "Development Agreement") is made and entered into for reference purposes on this day of . 202 , by and between the City of Dublin, a Municipal Corporation (hereafter "City"), and Bex Development, LLC, a California Limited Liability Company (hereafter "Developer") pursuant to the authority of §§ et seq. of the California Government Code and Dublin Municipal Code, Chapter . . City and Developer are, from time -to -time, individually referred to in this Agreement as a "Party," and are collectively referred to as "Parties." RECITALS A. California Government Code §§ et seq. ("Development Agreement Statute") and Chapter . of the Dublin Municipal Code (hereafter "Chapter . ") authorize the City to enter into a Development Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property. B. Developer owns certain real property (the "Property") consisting of approximately o acres of land, as more particularly described in Exhibit A. Legal Description of Property, attached hereto and incorporated herein by reference. C. Developer has applied for, and City has approved, various land use approvals in connection with a project consisting of up to residential units and up to 2 , square feet of industrial development (the "Project"), including, without limitation, an amendment to Planned Development Zoning Ordinance No. 2.-0 Stage i Development Plan (Ord. No. ___ adopted on 202 ), a Stage 2 Planned Development Rezoning and Development Plan for the Branaugh Project (Ord. No. ___ adopted by the City Council on , 202 ), Vesting Tentative Parcel Map o for the Branaugh Project (Resolution No. ___ adopted on , 202 ), and this Agreement (approved by the DA Approving Ordinance (defined below)) (collectively the "Project Approvals"). D. City desires the timely, efficient, orderly and proper development of the Project. E. The City, in collaboration with the City of Livermore, is the lead agency that desires to construct a project generally described as the roadway extension of Dublin Boulevard from Fallon Road to the Dublin city limits, continuing easterly through unincorporated Alameda County and connecting to North Canyons Parkway within the City of Livermore, commonly referred to as 2 68 the proposed Dublin Boulevard - North Canyons Parkway Extension Project ("Dublin Boulevard Extension"). On September , 201 , the City Council adopted Ordinance No. io-i to establish Right -of -Way Lines for Dublin Boulevard between Fallon Road and the Eastern City Limit ("Precise Plan"). F. The Valley Link Rail project ("Valley Link Project") is a new -mile, -station passenger rail project that establishes rail connectivity between the Bay Area Rapid Transit (BART) system at the existing Dublin/Pleasanton BART Station in Alameda County to the approved Altamont Corridor Express (ACE) North Lathrop Station in San Joaquin County. The proposed project will impact existing transportation corridors, including the existing Interstate o ("I- o") corridor in the City. The Valley Link Project proposes relocation of Collier Canyon Road to accommodate the passenger rail line. The addition of a new rail system would require widening of I- o right-of-way to the north and respective relocation of Collier Canyon Road (the "Collier Canyon Roadway Relocation"). G. City and Developer have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein. H. The development of the Property and the Project has been evaluated in three environmental impact reports certified by the City: (1) Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report, State Clearinghouse No. 110 0 ; (2) East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (State Clearinghouse No. 20010 211 ); and ( ) Fallon Village Project Draft Supplemental Environmental Impact Report (State Clearinghouse Number 200 0 2010) (collectively, "Prior EIRs"). The Prior EIRs specifically addressed the General Plan, Specific Plan and Stage 1 Planned Development Zoning and Development Plan for the Project. An Initial Study was prepared for the amendment to Planned Development Zoning Ordinance No. 2.-0 Stage 1 Development Plan, Stage 2 Planned Development Rezoning and Development Plan, a Vesting Tentative Parcel Map o , and this Development Agreement to determine whether these approvals will result in any new or substantially more severe significant environmental impacts than those analyzed in these prior EIRs or any other standard requiring further environmental review under CEQA are met (Public Resources Code section 211 and CEQA Guidelines sections 1 1 2 and 1 1 ). The Initial Study determined that these approvals did not trigger any of the CEQA standards requiring further environmental review. An Addendum was prepared for these approvals explaining the basis for finding no further review is required under CEQA pursuant to CEQA Guidelines section 1 1 (e). The City Council considered and 69 approved the findings in the Addendum (Reso. No. ___ adopted on , 202 ) prior to approving the amendment to Planned Development Zoning Ordinance No. 2.-0 Stage 1 Development Plan, Stage 2 Planned Development Rezoning and Development Plan, a Vesting Tentative Parcel Map o , and this Development Agreement. I. City has given the required notice of its intention to adopt this Development Agreement and has conducted public hearings thereon pursuant to Government Code Section and Chapter . . As required by Government Code Section . , City has found that the provisions of this Development Agreement and its purposes are consistent with the goals, policies, standards and land use designations specified in City's General Plan. J. On , 202 , the City of Dublin Planning Commission, the initial hearing body for purposes of development agreement review, recommended approval of this Development Agreement pursuant to Resolution No. ___. K. On , 202 , the City Council of the City of Dublin adopted Ordinance No. ___ approving this Development Agreement (the "DA Approving Ordinance"). The DA Approving Ordinance took effect on ___, 202 . NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT 1. Description of Property. The Property that is the subject of this Agreement is described in Exhibit A. 2. Interest of Developer. Developer has a legal interest in the Property in that it is the owner of the Property. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that neither City nor Developer is an agent of the other. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein 70 or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. Effective Date and Term .i Effective Date. The effective date of this Agreement ("Effective Date") is the date upon which the DA Approving Ordinance takes effect. .2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for io (ten) years thereafter, unless said term is otherwise extended or terminated as provided in this Agreement (as so extended or terminated, the "Term"). In the event that any third -party lawsuit is filed challenging the City's issuance of the Project Approvals or its compliance with CEQA, the Term of this Agreement shall be automatically extended for a duration equal to the time from the filing of such lawsuit to the entry of a final order dismissing or otherwise finally terminating such lawsuit, which duration shall include any appeals ("Litigation Extension"). If required by one of the parties, the other party shall enter into a Clarification pursuant to Section . below memorializing the length of such Litigation Extension. This Agreement shall terminate with respect to any for sale residential lot and such lot shall be released and no longer subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on such lot. . Optional Extension. Prior to the expiration of the Term of this Development Agreement, as provided in Section .2, Developer may extend the Term of the Development Agreement. To do so, Developer shall give City written notice at least o days prior to the termination date of the Development Agreement. At the time Developer provides such notice, Developer shall make a payment to City in the amount of $2 0,000 (adjusted for inflation from the Effective Date using the CPI-U, San Francisco -Oakland -San Jose Area) for each year of extension requested under this provision. Upon receipt of the notice and the contribution, the City Manager shall approve the extension and shall notify the Developer in writing that the Term of the Development Agreement has been automatically extended for an additional time period equal to the time period requested by Developer under this provision, commencing on the date the Development Agreement would otherwise have terminated; provided Developer may exercise its option to extend the Development Agreement no more than five times, for a maximum total Term of the Development Agreement of fifteen years (plus any extensions pursuant to Sections .2 or . hereof). Provided there is an extension period remaining, Developer may request the extension for multiple 71 years and provide the payment due for each year's extension. Each extension shall apply to the entire Property upon payment of one $2 0,000 (as adjusted in accordance with this Section . ) per year extension payment, even if the Property is owned by multiple Developers at that time. . Term of Proiect Approvals. The term of any Project Approvals (as defined in Recital C) for the Property or any portion thereof, specifically including without limitation the Vesting Tentative Parcel Map o , shall be extended automatically for the Term of this Agreement. . .1 Termination of Agreement. In the event that this Agreement is terminated prior to the expiration of the Term, the term of any Project Approval and the vesting period for any final subdivision map approved as a Project Approval shall be the term otherwise applicable to the approval. Vested Rights/Use of the Property/Applicable Law/Processing .1 Right to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of (i) this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement, and (ii) the City's ordinances, codes, resolutions, rules, regulations and official policies governing the development, construction, subdivision, occupancy and use of the Project and the Property including, without limitation, the General Plan, the Dublin Municipal Code, and the Specific Plan, the permitted uses of the Property, density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings, and the provisions for reservation or dedication of land for public purposes that are in force and effect on the Effective Date of this Agreement (collectively, "Applicable Law"). In exercising its discretion when acting upon subsequent project approvals, City shall apply the Applicable Law as the controlling body of law (within which Applicable Law such discretion shall be exercised). Notwithstanding the foregoing or anything to the contrary herein, any amendment to the Project Approvals shall not become part of the law Developer is vested into under this Agreement unless an additional amendment of this Agreement is entered into between Developer and City in accordance with this Agreement. In the event that such amendments to the Project Approvals are sought for any distinct portion of the Property or Project, such amendments shall not require amendment of this Agreement with respect to any other portion of the Property or Project, except to the extent set forth in such amendment. 72 .2 Fees, Exactions, Dedications. The City shall not apply to the Project any development impact fee or any application, processing or inspection fee (collectively, "Fees") that the City first enacts after the Effective Date. Except as otherwise set forth in this Agreement, City and Developer agree that this Agreement does not limit the City's discretion to impose or require (a) payment of any fees in connection with the issuance of any subsequent project approvals as necessary for purposes of mitigating environmental and other impacts of the Project, (b) dedication of any land, or (c) construction of any public improvement or facilities (collectively "Exactions"). Except as specifically provided herein, nothing in this Agreement shall limit the City's ability to impose existing development impact Fees at rates that are increased beyond the amounts in effect on the Effective Date or limit Developer's ability to challenge any such increases under state or local law. . Construction Codes. Notwithstanding the provisions of Section .1 above, to the extent Applicable Law includes requirements under the state or locally adopted building, plumbing, mechanical, electrical and fire codes (collectively the "Codes"), the Codes included shall be those in force and effect at the time Developer submits its application for the relevant building, grading, or other construction permits to City. In the event of a conflict between such Codes and the Project Approvals, the Project Approvals shall, to the maximum extent allowed by law, prevail. For construction of public infrastructure, the Codes applicable to such construction shall be those in force and effect at the time of execution of an improvement agreement between City and Developer pursuant to Chapter .1 of the Dublin Municipal Code. . New Rules and Regulations. During the Term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the Effective Date only to the extent they are not in conflict with the vested rights granted by the Applicable Law, the Project Approvals or this Agreement. In addition to any other conflicts that may occur, each of the following new or modified ordinances, resolutions, rules, regulations or official policies shall be considered a per se conflict with the Applicable Law: . .1 Any application or requirement of such new or modified ordinances, resolutions, rules, regulations or official policies that would (i) cause or impose a substantial financial burden on, or materially delay development of the Property as otherwise contemplated by this Agreement or the Project Approvals, (ii) frustrate in a more than insignificant way the intent or purpose of the Project Approvals or preclude compliance therewith including, 73 without limitation, by preventing or imposing limits or controls in the rate, timing, phasing or sequencing of development of the Project; (iii) prevent or limit the processing or procuring of subsequent project approvals; or (iv) reduce the density or intensity of use of the Property as a whole, or otherwise requiring any reduction in the square footage of, or total number of, proposed buildings, structures and other improvements, in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement and the Project Approvals; and/or . .2 If any of such ordinances, resolutions, rules, regulations or official policies do not have general (City-wide) applicability. . Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, if a City ordinance, resolution, policy, directive, or other measure is enacted or becomes effective, whether by action of the City or by initiative, and if it imposes a building moratorium which affects all or any part of the Project, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code section , provided that to the extent a moratorium applies to all or any part of the Project then the Term shall automatically be extended for a period of time equal to the period of the moratorium. . Revised Atnlication Fees. Notwithstanding section .2, any existing application, processing and inspection fees that are revised during the Term of this Agreement shall apply to the Project provided that (1) such fees have general applicability and are consistent with State law limitations that processing fees not exceed the estimated reasonable cost of providing the service for which they are charged; (2) the application of such fees to the Property is prospective; and ( ) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. By so agreeing, Developer does not waive its rights to challenge the legality of any such application, processing and/or inspection fees. . New Taxes. This Agreement shall not prohibit the application of any subsequently enacted city-wide taxes to the Project provided that (1) the application of such taxes to the Property is prospective, and (2) the application of such taxes would not prevent development in accordance with this Agreement. By so agreeing, Developer does not waive its rights to challenge the legality of 74 any such taxes, facially or as applied to its Project or Property, or to claim exemption from any taxes to the extent allowed by law. . Development of the Project; Phasing, Timing. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (i ) Cal. d , that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that this Agreement contains no requirements that Developer must initiate or complete any action, including without limitation, development of the Project within any period of time set by City. Nothing in this Agreement is intended to create nor shall it be construed to create any affirmative development obligations to develop the Project, or liability in Developer under this Agreement if the development fails to occur. It is the intention of this provision that Developer be able to develop the Property in accordance with its own time schedules and the Project Approvals. Processing. Nothing in this Agreement shall be construed to limit the authority or obligation of City to hold necessary public hearings, nor to limit the discretion of City or any of its officers or officials with regard to subsequent project approvals that require the exercise of discretion by City, provided that such discretion shall be exercised consistent with the vested rights granted by this Agreement, the Applicable Law and the Project Approvals. . Property Grading. .i Phasing. For mutual benefit, the Parties desire a mass grading of the Property prior to the Dublin Boulevard Extension through the Property. Pursuant to Dublin Municipal Code Section .i .1 o(B), when the intended use of a site requires approval of a discretionary zoning permit, a grading permit shall not be issued until said approval. The Parties agree that the intended use, exclusively for purposes of Dublin Municipal Code Section .i .i o(B) and this Section, shall mean the Dublin Boulevard Extension. In accordance with this Section, Developer may apply for, and City may issue a grading permit, notwithstanding approval of a discretionary zoning permit for the intended use of the remainder of the Project site. .2 Slope Easement. The Project Approvals require Developer to dedicate a Slope Easement ("SE") for that portion of the Property adjacent to the future Dublin Boulevard frontage, if mass grading has not commenced per the 75 preliminary grading plan as shown on the Vesting Tentative Parcel Map o . Developer shall cooperate in good faith with the City Engineer on the extent of the SE dedication necessary to accommodate the Dublin Boulevard Extension. The SE shall be dedicated by separate instrument, in a form satisfactory to the City Engineer and City Attorney, prior to the first final or parcel map filed by Developer within the three-year period referenced in Section .1. If a final or parcel map is not filed by Developer within the three-year period, the SE shall be dedicated in conjunction with the Dublin Boulevard Extension right-of-way dedication described in Section .1. . Affordable Housing. .1 Units Required by Regulations. Developer proposes up to residential units on the Property. Pursuant to the City's Inclusionary Zoning Regulations (Chapter . of the Dublin Municipal Code) (the "Regulations"), developers of more than 20 residential units are required to set aside 12. % of the total number of units in the project as affordable units as specified. .2 Alternative Compliance Authorized. Under the Regulations, certain exceptions permit developers to satisfy the obligation other than through on -site construction. For instance, part of this obligation can be satisfied through the payment of a fee in -lieu of construction of units. In addition, developers can satisfy their affordable housing obligations by, among other mechanisms, obtaining City Council approval of an alternative method of compliance that the City Council finds meet the purposes of the Regulations. Satisfaction of City Requirements. Developer shall satisfy its affordable housing obligation through compliance with the Regulations. . Right -of -Way Dedications. .1 Dublin Boulevard Extension. The Project Approvals require Developer to dedicate a portion of the Property to the City in fee as right-of-way for the Dublin Boulevard Extension, in general conformance with the adopted Precise Plan, the most current design plans on file with the office of the City Engineer at the time of dedication, and the Vesting Tentative Parcel Map o . Such dedication shall occur no later than three ( ) years from the approval date of the Vesting Tentative Parcel Map o . The dedicated right-of-way shall be shown on the first final or parcel map filed within three -years of the approval date of Vesting Tentative Map o . If a final or parcel map is not filed within the three-year period, the right-of-way shall be dedicated by a separate deed instrument, in a form satisfactory to the City Engineer and City Attorney. The 10 76 City shall provide Eastern Dublin Transportation Impact Fee (EDTIF) credits for the dedicated right-of-way with the amount of the credits to be determined by the EDTIF Guidelines. .2 Collier Canyon Road Realignment. The Project Approvals require Developer to dedicate, or make an irrevocable offer of dedication for, that portion of the Property to the City in fee as right-of-way necessary for the Collier Canyon Road Realignment, in general conformance with the Vesting Tentative Parcel Map o , and the most current design plans on file with the office of the City Engineer at the time of dedication. The dedicated right-of-way shall be shown on the first final or parcel map filed. Alternatively, subject to City Engineer approval, the right-of-way may be dedicated by an easement deed for public roadway purposes, in a form satisfactory to the City Engineer and City Attorney. Any such easement deed shall prohibit construction of any permanent improvements and structures, as determined by the City Engineer, within the future right-of-way. . Community Facilities District - Mitigation of Dublin Boulevard Extension Permanent Indirect Impacts. .1 Mitigation of Permanent Indirect Impacts. Construction of the Dublin Boulevard Extension will impact potential habitat for several special - status species, including California tiger salamander and California red -legged frog. The U.S. Fish and Wildlife Service Biological Opinion 1 issues for the Dublin Boulevard Extension project and the mitigation measures of the Dublin Boulevard Extension project's Environmental Impact Report, require the City to provide compensatory mitigation for impacts to these species' habitat. To satisfy the compensatory mitigation requirements, the City proposes to provide project - specific mitigation in the form of in -perpetuity preservation, enhancement, and management of suitable habitat for these species. The impacts are categorized into permanent direct impacts, permanent indirect impacts, and temporary impacts. The permanent indirect impacts are identical to the Project's potential permanent direct impacts resulting from the Project's construction. The permanent indirect impacts on the Property is approximately 1. acres, which may require a compensatory mitigation at a ratio of to 1, for approximately .02 acres. .2 Community Facilities District. Developer agrees to cooperate in the formation of, or annexation into, a community facilities district or districts established pursuant to the Mello -Roos Community Facilities District Act of 1 2 (Gov. Code §§ 11- . ) (the "Mello -Roos Act") including 11 77 approval of the Rate, Method of Apportionment and Manner of Collection of Special Tax ("RMA") for the purpose of financing the City's acquisition of facilities required for the off -site mitigation of the Dublin Boulevard Extension's permanent indirect impacts (described in Section .1). Developer and City agree that the boundaries of the district(s) will include all of the Property as more particularly described in Exhibit A, and that Developer will not contest and will, for and on behalf of all of the Property, vote in favor of formation of or annexation into the district(s) prior to filing the first final map. Developer shall pay its fair share of administrative costs incurred by the City associated with the formation of and/or annexation into the district(s), as determined by the City Engineer. . Alternative Mitigation. Notwithstanding the foregoing, City agrees that Developer may pursue alternatives to mitigate the impacts described in Section .1. If Developer directly acquires mitigation land or credits, fully satisfying the mitigation required by Section .1, Developer shall be exempt from compliance with Section .2. The City Engineer shall determine, in their sole discretion, whether Developer's alternative method fully satisfies Developer's mitigation requirements as set forth in Section .i. io. Community Facilities District - Service and Maintenance of Project Facilities and Improvements. io.i Community Facilities District. Developer agrees to cooperate in the formation of, or annexation into, a community facilities district or districts established pursuant to the Mello -Roos Community Facilities District Act of i 2 (Gov. Code §§ ii- . ) (the "Mello -Roos Act") including approval of the Rate, Method of Apportionment and Manner of Collection of Special Tax ("RMA") for the purpose of financing the services and maintenance of certain public facilities/improvements constructed by the Developer. Developer agrees that the boundaries of the district(s) will include all of the Property, and that Developer will not contest and will, for and on behalf of all of the Property, vote in favor of formation of or annexation into the district(s) prior to filing the first final map. Developer shall pay its fair share of administrative costs incurred by the City associated with the formation of and/or annexation into the district(s), as determined by the City Engineer. 10.2 Alternative Method of Compliance. Notwithstanding the foregoing, City agrees that Developer may alternatively establish a maintenance fund, in an amount to be determined by the City Engineer, that compensates for all future maintenance of all public streets (including storm drain systems, street 12 78 lights, and other street appurtenances) within Parcels 1 and 2 (future residential tract), as shown on the Vesting Tentative Parcel Map o , for a period of twenty (20) years after City's acceptance of improvements. If Developer complies with this Section 10.2 prior to filing the first final map, Developer shall be exempt from compliance with Section 10.1. 11. Eastern Dublin Transportation Impact Fee Credits. Developer shall not use or apply any EDTIF credits that it purchased or transferred from any other credit -holder to satisfy Developer's obligations set forth herein. 12. General Plan Amendments. City acknowledges that Developer intends to apply for a General Plan amendment to accommodate the following changes, which shall be subject to the City Council's sole discretion to approve or deny, following review and recommendation by the Planning Commission in accordance with Government Code Section o et seq. and environmental review to the extent required by the California Environmental Quality Act: 12.1 Increase the Industrial Park designation's maximum Floor Area Ratio to o. o; and/or 12.2 Change certain Property land use designations from Industrial Park to General Commercial/Campus Office. 1 . Amendment or Cancellation. 1 .1 Modification Because of Conflict with State or Federal Laws. The Project and Property shall be subject to state and federal laws and regulations and this Agreement does not create any vested right in state and federal laws and regulations in effect on the Effective Date. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be subject to approval by the City Council (in accordance with Chapter . ). Each Party agrees to extend to the other its prompt and reasonable cooperation in so modifying this Agreement or approved plans. 1 .2 Amendment of Development Agreement by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of the 1 79 Development Agreement Statute and Chapter . . Review and approval of an amendment to this Development Agreement shall be strictly limited to consideration of only those provisions to be added or modified. No amendment, modification, waiver or change to this Development Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing that expressly refers to this Development Agreement and signed by the duly authorized representatives of both Parties. 1 .2.1 Partial Amendment. When a Party seeking such an amendment owns or has an equitable right to only a portion of the whole of the Property ("Portion"), then such Party may only seek amendment of this Agreement as directly relates to the Portion, and the Party owning any other Portion shall not be required or entitled to be a signatory or to consent to an amendment that affects only another Party's Portion. 1 . Amendments. Any amendments to this Agreement which relate to (a) the Term; (b) the permitted uses of the Property as provided in paragraph .1; (c) provisions for "significant" reservation or dedication of land; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) an increase in the density or intensity of use of the overall Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by Developer as provided in this Agreement, shall be deemed an "Amendment" and shall require notice or public hearing before the Planning Commission and the City Council before the Parties may execute an amendment hereto. The City's Public Works Director shall determine whether a reservation or dedication is "significant" in the context of the overall Project. 1 . Clarifications. If and when, from time to time, during the Term of this Agreement, City and Developer agree refinements and clarifications are necessary or appropriate with respect to the details of performance of City and Developer hereunder, City and Developer shall effectuate such clarifications through letter agreements (each, a "Clarification") approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such Clarification shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager or his or her designee shall have the authority to determine on behalf of City whether a requested clarification is of such a character to constitute an Amendment subject to Section . above or a Clarification subject to this Section . . The City Manager shall have the 1 80 authority to review, approve, and execute Clarifications to this Agreement provided that such Clarifications are not Amendments. 1 . Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of the Development Agreement Statute and Chapter . . Any fees paid pursuant to this Agreement prior to the date of cancellation shall be retained by the City. 1 . Annual Review. 1 .1 Review Date. The annual review date for this Agreement shall be between July 1 and August 1 , 202 , and thereafter between each July 1 and August 1 during the Term. Review shall be conducted in accordance with Section . .i o of Chapter . and the provisions of this Section 11. 1 .2 Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section . .1 0 of Chapter . , by giving to Developer thirty days' prior written notice that the City intends to undertake such review. Not less than thirty days after receipt of the notice, Developer shall provide evidence to the Director, as reasonably determined necessary by the Director, to demonstrate good faith compliance with the material terms and provisions of the Agreement as to the whole or relevant portion of the Property owned by Developer. The burden of proof by substantial evidence of compliance is upon Developer. 1 . Staff Reports. To the extent practical, the City shall deposit in the mail to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five days prior to any public hearing addressing annual review. 1 . Costs. Costs reasonably incurred by the City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. 1 . Default. 1 .1 Remedies Available. Upon the occurrence of an event of default, the parties may pursue all remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing 1 81 development agreements, expressly including, but not limited to, the remedy of specific performance of this Agreement. 1 .2 Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. Subject to a Mortgagee's right to cure pursuant to Section 1 . hereof, if the default is not cured by the defaulting party within thirty days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty day period and diligently pursues such cure to completion. Any notice of default given hereunder shall specify in detail the nature of the failures in performance that the noticing Party claims constitutes the event of default, all facts constituting substantial evidence of such failure, and the manner in which such failure may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the Party charged therewith shall not be considered to be in default for purposes of (a) termination of this Agreement, (b) institution of legal proceedings with respect thereto, or (c) issuance of any approval with respect to the Project. Failure to give notice shall not constitute a waiver of any default. 1 . No Damages against City. Notwithstanding anything to the contrary contained herein, in no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. 1 . Estoppel Certificate. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying Party, the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such certificate within thirty days following the receipt thereof, or such longer period as may reasonably be agreed to by the Parties. The City Manager of the City shall be authorized to execute any certificate requested by Developer. Should the Party receiving the request not execute and return such certificate within the applicable period, this shall not be 1 82 deemed to be a default, provided that such Party shall be deemed to have certified that the statements in clauses (a) through (c) of this Section are true, and any Party may rely on such deemed certification. City acknowledges that a certificate hereunder may be relied upon by Transferees (as defined in Section i .2) and Mortgagees (as defined in Sectioni .i). 1 . Mortgagee Protection; Certain Rights of Cure. i .1 Mortaa,gee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 1 .2 Mortgagee Not Obligated. Notwithstanding the provisions of Section i .1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement. i . Notice of Default to Mortgagee and Extension of Right to Cure. If the City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by the City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the City's notice. The City, through its City Manager, may extend the thirty -day cure period provided in paragraph 12.2 for not more than an additional sixty days upon request of Developer or a Mortgagee. 1 83 1 . Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal; provided that, if the unenforceability, invalidation, or illegality would deprive either City or Developer of material benefits derived from this Development Agreement, or make performance under this Development Agreement unreasonably difficult, then City and Developer shall meet and confer and shall make good faith efforts to amend or modify this Development Agreement in a manner that is mutually acceptable to City and Developer. 1 Attorneys' Fees and Costs. 1 .1 Prevailing Party. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs in addition to any other relief to which it may otherwise be entitled. 1 .2 Third Party Challenge. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any the Project Approvals (including this Agreement), the Parties shall cooperate in defending such action. The Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under applicable law. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys' fees expended by the City in defense of any such action or other proceeding 20. Transfers and Assignments. 20.1 Agreement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned 1 84 property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 20.2 Right to Assign. Developer may wish to sell, transfer or assign all or portions of its Property to other developers (each such other developer is referred to as a "Transferee"). In connection with any such sale, transfer or assignment to a Transferee, Developer shall have the right to sell, transfer or assign to such Transferee any or all rights, interests and obligations of Developer arising hereunder and that pertain to the portion of the Property being sold or transferred, to such Transferee, provided, however, that: except as provided herein, no such transfer, sale or assignment of Developer's rights, interests and obligations hereunder shall occur without prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld, conditioned, or delayed. 20. Approval and Notice of Sale, Transfer or Assignment. The City Manager shall consider and decide on any transfer, sale or assignment of this Agreement within ten days after Developer's notice, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee can perform Developer's obligations hereunder. Notice of any such approved sale, transfer or assignment (which includes a description of all rights, interests and obligations that have been transferred and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently with such sale, transfer or assignment. 20. Considerations for Approval of Sale, Transfer or Assignment. In considering the request, the City Manager shall base the decision upon the proposed assignee's reputation, experience, financial resources and access to credit and capability to successfully carry out the development of the Property to completion. The City Manager's approval shall be for the purposes of: a) providing notice to City; b) assuring that all obligations of Developer are allocated as between Developer and the proposed purchaser, transferee or assignee as provided by this Agreement; and c) assuring City that the proposed purchaser, transferee or assignee is financially capable of performing Developer's obligations hereunder not withheld by Developer. Notwithstanding the foregoing, the City Manager's approval shall not be required for an 1 85 assignment to an entity or entities controlling Developer, controlled by Developer, or under common control with Developer, provided that Developer owns and controls no less than fifty percent of such successor entity or controls the day-to-day management decisions of such successor entity. 20. Release upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Section 1 .2 of this Agreement, Developer shall be automatically released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 20. Developer's Right to Retain Specified Rights or Obligations. Developer may withhold from a sale, transfer or assignment of this Agreement or any portion of the Property transferred, certain rights, interests and/or obligations which Developer wishes to retain, provided that Developer specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developer's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations. 20. Partial Assignment. In the event of a partial Transfer, City shall cooperate with Developer and any proposed Transferee to allocate rights and obligations under the Development Agreement and the Project Approvals among the retained Property and the transferred Property. Provided that City receives a copy of the assignment and assumption agreement by which Transferee assumes the Transferred rights and obligations associated with the transferred Property: (i) any subsequent breach with respect to the Transferred obligations shall not constitute a breach with respect to the retained rights and obligations of such transferor (or any other Transferee) under the Development Agreement; (ii) and any subsequent breach with respect to the retained obligations of transferor (or any other Transferee) shall not constitute a breach with respect to the Transferred rights and obligations of a Transferee under the 20 86 Development Agreement. The transferor and the Transferee each shall be solely responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferor/Transferee. Any amendment to the Development Agreement between City and a transferor or Transferee shall only affect the portion of the Property owned by such transferor or Transferee. 21. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 22. Indemnification. Developer agrees to indemnify, defend and hold harmless the City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by Developer, or any actions or inactions of Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of the City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 2 . Insurance. 2 . i Commercial General Liability Insurance. During the Term of this Agreement, Developer shall maintain in effect a policy of commercial general liability insurance with a per -occurrence combined single limit of not less than $i,000,000. The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause or cross -liability endorsement. City and Developer agree that such insurance may include alternative risk management programs, including self-insurance or a combination of self-insurance and insurance, provided that such alternative risk management programs provide protection equivalent to that specified under this Agreement. 2 .2 Workers Compensation Insurance. During the Term of this Agreement Developer shall maintain Worker's Compensation insurance for all 21 87 persons employed by Developer for work at the Project site. Developer shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer agrees to indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 2 . Evidence of Insurance. Prior to issuance of any permits for the Project, including grading permits, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 1 .1 and 1 .2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy unless replaced with similar coverage. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project. 2 . Sewer and Water. Developer acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of the City. City agrees that it shall not take any action with DSRSD opposing Developer's efforts to reserve water and sewer capacity sufficient to serve the Project described herein. 2 . Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to the City shall be addressed as follows: City Manager City of Dublin 10o Civic Plaza Dublin, CA Phone No.: ( 2 ) - o Fax No.: ( 2 ) - 1 With copies to: City Attorney follows: Notices required to be given to Developer shall be addressed as Bex Development, LLC Randy Branaugh 1 o Madison Ave. Castro Valley, CA 22 88 Phone No.: ( io) 21-1 Email: rlbranaughex@gmail.com A Party may change address by giving notice in writing to the other Party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of hours after being deposited in the United States Mail. Notices may also be given by overnight courier, which shall be deemed given the following day or by facsimile transmission or email, which shall be deemed given upon verification of receipt. 2 . Agreement is Entire Understanding. This Agreement, including its exhibits, constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. 2 . Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property 2 . Recitals. The foregoing Recitals are true and correct and are made a part hereof. 2 . Counterparts. This Agreement may be executed by each Party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. This Agreement is executed in two duplicate originals, each of which is deemed to be an original. o. Recordation. The City shall record a copy of this Agreement within ten days following execution by all Parties. Thereafter, if this Agreement is terminated, modified or amended, the City Clerk shall record notice of such action with the Alameda County Recorder. 1. No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the 2 89 Parties and their respective permitted successors and assigns, any rights or remedies hereunder. 2. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. . Time is of the Essence. Time is of the essence for each provision of this Agreement for which time is an element. . Further Actions and Instruments. Each Party to this Development Agreement shall cooperate with and provide reasonable assistance to the other Party and take all actions necessary to ensure that the Parties receive the benefits of this Development Agreement, subject to satisfaction of the conditions of this Development Agreement. Upon the request of any Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. . Section Headings. Section headings in this Development Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Development Agreement. . Construction of Agreement. This Development Agreement has been reviewed and revised by legal counsel for both Developer and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Development Agreement. . Authority. The persons signing below represent and warrant that they have the authority to bind their respective Party and that all necessary board of directors', shareholders', partners, city councils', or other approvals have been obtained. . Non -Intended Prevailing Wage Requirements. Except for public improvements constructed by the Developer and to be dedicated to the City (which are subject to conditions of Project Approval), nothing in this Development Agreement shall in any way require, or be construed to require, Developer to pay prevailing wages with respect to any work of construction or 2 90 improvement within the Project (a "Non -Intended Prevailing Wage Requirement"). But for the understanding of the Parties as reflected in the immediately preceding sentence, the Parties would not have entered into this Development Agreement based upon the terms and conditions set forth herein. Developer and City have made every effort in reaching this Development Agreement to ensure that its terms and conditions will not result in a Non - Intended Prevailing Wage Requirement. These efforts have been conducted in the absence of any applicable existing judicial interpretation of the recent amendments to the California prevailing wage law. If, despite such efforts, any provision of this Development Agreement shall be determined by any court of competent jurisdiction to result in a Non Intended Prevailing Wage Requirement, such determination shall not invalidate or render unenforceable any provision hereof; provided, however, that the Parties hereby agree that, in such event, this Development Agreement shall be reformed such that each provision of this Development Agreement that results in the Non -Intended Prevailing Wage Requirement will be removed from this Development Agreement as though such provisions were never a part of the Development Agreement, and, in lieu of such provision(s), replacement provisions shall be added as a part of this Development Agreement as similar in terms to such removed provision(s) as may be possible and legal, valid and enforceable but without resulting in the Non -Intended Prevailing Wage Requirement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. 2 91 CITY OF DUBLIN DEVELOPER Randall Lee Branaugh By: By: Linda Smith, City Manager Attest: Marsha Moore, City Clerk Approved as to form John Bakker, City Attorney Name: Its: (NOTARIZATION ATTACHED) 2 92 Exhibit A Legal Description of the Property Order Number: 0718-6598960 LEGAL DESCRIPTION Real property in the City of Dublin, County of Alameda, State of California, described as follows: BEGINNING AT A POINT OF INTERSECTION OF THE NORTHERN LINE OF THE STATE HIGHWAY LEADING FROM DUBLIN TO LIVERMORE, KNOWN AS ROAD IV, ALAMEDA COUNTY ROUTE 5, SECTION B, WITH THE EASTERN LINE OF CROAK ROAD ALSO KNOWN AS COUNTY ROAD NO. 6152, AS SAID HIGHWAY AND ROAD EXISTED JANUARY 1, 1949; RUNNING THENCE ALONG THE SAID LINE OF THE STATE HIGHWAY SOUTH 89° 30' EAST (THE BEARING, SOUTH 89° 30' FEET BEING ASSUMED FOR THE PURPOSE OF THIS DESCRIPTION) 1576.50 FEET TO THE SOUTHEASTERN CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO ANSELMO MACHADO, ET UX, RECORDED MARCH 10, 1943 IN BOOK 4345, PAGE 274 OFFICIAL RECORDS; THENCE ALONG THE EASTERN BOUNDARY LINE OF SAID MACHADO PARCEL OF LAND NORTH 0° 31' WEST 10 FEET TO A POINT ON THE NORTHERN BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED MARCH 3, 1950, BOOK 6038, PAGE 519, SERIES NO. AE-18614, OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID EASTERN BOUNDARY LINE OF MACHADO PARCEL OF LAND NORTH 0° 31' WEST 67.02 FEET TO THE NORTHERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 8, 1968, REEL 2122, IMAGE 473, SERIES NO. BA- 13626 OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID EASTERN BOUNDARY LINE OF THE MACHADO PARCEL OF LAND NORTH 0° 31' WEST 992.98 FEET, MORE OR LESS, TO A POINT DISTANT THEREON NORTH 0° 31' WEST 1060 FEET, FROM THE NORTHERN LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA (6038 OR 519), THE LAST DETERMINED POINT BEING THE ACTUAL POINT OF COMMENCEMENT; THENCE CONTINUING ALONG SAID EASTERN BOUNDARY LINE OF THE MACHADO PARCEL, NORTH 0° 31' WEST 1791.6 FEET, MORE OR LESS, TO THE NORTHERN LINE OF TOWNSHIP 3 SOUTH, RANGE 1 EAST, M.D.B & M.; THENCE ALONG THE LAST MENTIONED LINE EAST 760.2 FEET; THENCE SOUTH 0° 31' EAST 2803 FEET, MORE OF LESS, TO THE NORTHERN LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA (2122 OR 473); THENCE ALONG THE LAST MENTIONED LINE WESTERLY 381 FEET, MORE OR LESS, TO THE EASTERN LINE OF THE PARCEL OF LAND RECONVEYED BY PARTIAL RECONVEYANCE EXECUTED BY TRANSAMERICA TITLE INSURANCE COMPANY, RECORDED NOVEMBER 7, 1973, REEL 3548, IMAGE 256, SERIES NO. 73-149206, OFFICIAL RECORDS; THENCE ALONG THE LAST MENTIONED LINE NORTH 0° 31' WEST 1005 FEET, MORE OR LESS, TO THE NORTHERN LINE OF THE LAST MENTIONED PARCEL; THENCE ALONG THE LAST MENTIONED LINE DUE WEST 378.5 FEET TO THE ACTUAL POINT OF COMMENCEMENT. APN: 905-0001-004-04 First American Title 93 Attachment 6 IP DUBLIN CALIFORNIA DATE: TO: FROM: SUBJECT: STAFF REPORT CITY COUNCIL March 7, 2023 Honorable Mayor and City Councilmembers Linda Smith, City Manager Branaugh Property (PLPA-2021-00014) Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: Agenda Item 6.1 The City Council will consider a request from Randy Branaugh of BEX Development for the Branaugh Property project, which includes an amendment to the existing Planned Development Zoning Stage 1 Development Plan, approval of a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306 and Development Agreement. The proposed project would establish zoning regulations and development standards for future development of up to 97 homes and approximately 527,773 square feet of industrial uses. The proposed project would also subdivide the 40.16-acre site into four parcels to accommodate proposed residential and industrial development. The City Council will also consider a determination that the project impacts are covered under the Eastern Dublin Specific Plan Environmental Impact Reports and no further environmental review is required. STAFF RECOMMENDATION: Conduct the public hearing and take the following actions: 1) Waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property; 2) Adopt the Resolution Approving Vesting Tentative Parcel Map No. 9306 for the Branaugh Property; and 3) Waive the reading and INTRODUCE the Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project. FINANCIAL IMPACT: All costs associated with the processing of the application are paid by the applicant. Page 1 of 11 194 DESCRIPTION: Background The Branaugh property is located north of Interstate 580, adjacent to the eastern city boundary, and south of the Croak property (East Ranch Project) within the Fallon Village project area (refer to Figure 1). Please refer to Table 1 for surrounding uses. The project site is primarily undeveloped grass lands with existing structures located in the southern portion of the property, including several houses, a barn, and sheds. A landscaping business occupies the area closest to I- 580 and the property also has a house located in the northwestern portion of the property. Access to the site is currently provided from Collier Canyon Road. Once developed, access to the site will be provided by the future Dublin Boulevard extension and the future extension of Central Parkway. Figure 1. Location Ma Table 1. Surrounding Land Uses Location Zoning General Plan Land Use Current Use of Property North PD (Planned Development) Single Family Vacant Residential (future East Ranch Residential Project) South N/A N/A Collier Canyon Road / I-580 East Alameda County Alameda County Vacant A Agriculture RM Resource Management West PD (Planned Development) Medium Density Vacant Page 2 of 11 195 Residential & Industrial Park The 1,134± acre Fallon Village project, which included a General Plan Amendment, Eastern Dublin Specific Plan Amendment (Resolution No. 223-05), and Planned Development Rezone with a Stage 1 Development Plan (Ordinance No. 32-05), was approved by the City Council in December 2005. As part of the City Council approval, 9.87 acres were designated Medium -Density Residential, and 30.29 acres were designated Industrial Park land uses on the Branaugh property. The Stage 1 Development Plan established the permitted, conditional, and temporary land uses allowed on the Branaugh property. An overview of the types of uses for each land use designation is provided in Table 2 below. This is not an exhaustive list but provides context as to the types of uses envisioned for this area of Fallon Village. No changes to the existing allowable uses are included as part of the proposed project. Table 2. Overview of Allowed Uses Land Use Designation Permitted Land Uses Conditionally Permitted Land Uses Medium Density Residential Industrial Park Accessory Dwelling Unit Accessory Structures/Uses Home Occupation Multi -Family Dwelling Single Family Dwelling Small/Large Day Care Home Automobile/vehicle rental Building Material sales and storage Contractor Home appliance report Light manufacturing Research and Development Warehousing distribution Bed and Breakfast Inn Boarding House Community Care Facility Day Care Center Semi -Public Facilities Automobile/vehicle sales and service Animal sales and service Gas stations Mini -storage Outdoor storage Recreation (indoor and outdoor) Recycling facility Veterinary office Proposed Proiect The Applicant has requested approval of an amendment to the existing Planned Development Zoning Stage 1 Development Plan, Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306, and a Development Agreement. The project would establish development standards and subdivide the 40.16-acre site into four parcels to accommodate proposed residential and industrial development. The project approvals would include up to 97 units within 9.87 acres designated Medium -Density Residential and approximately 527,773 square feet of industrial use on 30.29 acres designated Industrial Park. Additional discretionary approvals are required to implement the project; however, they are not requested at this time. Those include approval of 1) Site Development Review Permits by the Planning Commission for the architectural and site plan details; 2) a Tentative Tract Map for the individual residential parcels; and 3) a Master Sign Program/Site Development Review Permit by the Community Development Director for the industrial signage. The timing of those permits will Page 3 of 11 196 likely correspond with the construction of the Dublin Boulevard extension. Analysis Planned Development Zoning The site has existing Planned Development Zoning (Ordinance No. 32-05). The Stage 1 Development Plan established the specific residential and industrial uses that are permitted by right, conditionally permitted, and prohibited, as well as the overall development density and intensity on this site. The Stage 1 Development Plan also provides development standards for industrial sites which may be modified through a Stage 2 Development Plan for projects that are greater than 15 acres. The application includes a Planned Development Zoning Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The Stage 2 Development Plan builds off the existing Stage 1 Development Plan (which allows modifications to development regulations to items such as density, setbacks, height, and parking) and includes architectural and landscape standards, a phasing plan, inclusionary housing requirements, and a conceptual site plan for the residential and industrial areas. The proposed Stage 2 Site Plan is provided in Figure 2 below. 7igure 2. Planned Development Stage 2 Site Plan An amendment to the Stage 1 Development Plan is necessary for consistency with the proposed Stage 2 Development Plan. The sole amendment to the Stage 1 Development Plan is to increase in the floor area ratio (FAR) from 0.35 to 0.40 for warehousing uses in the industrial area. No other changes to the Stage 1 Development Plan are proposed. Increase in Floor Area Ratio The proposed Planned Development Rezone includes increasing the FAR from 0.35 to 0.40 in the industrial area for warehousing uses only. For all other uses the maximum FAR will remain 0.35 FAR. As stated in the General Plan and Eastern Dublin Specific Plan, an increase in FAR beyond 0.35 is allowed on the portions of the site designated Industrial Park at the discretion of City Council as follows: Page 4of11 197 General Plan: Industrial Park (Maximum FAR: .35, see text below for exceptions; Employee Density: 590 square feet per employee) This designation allows a wide variety of minimum -impact, light industrial uses. Uses allowed within this designation include, but are not limited to, manufacturing, processing, assembly, fabrication, research and development, printing, warehouse and distribution, and wholesale and heavy commercial uses provided the activities do not have significant external effects in the form of noise, dust, glare, or odor. Uses requiring outdoor storage and service yards are permitted in this designation if they do not have adverse effects on surrounding uses. Residential uses are not permitted within this designation. Warehousing uses may go as high as .50 FAR at the discretion of the City Council. Eastern Dublin Specific Plan: Industrial Park (Maximum .35 Floor Area Ratio) Accommodates a wide variety of minimum -impact, light industrial uses, provided these activities do not produce offensive levels of noise, dust, glare, or odor. Residential uses are not permitted within this designation. There are no minimum FAR requirements for the Industrial Park designation. Higher FARs may be approved at the discretion of the City Council if proposed uses meet one or more of the following criteria: • Unique project characteristics which result in reduced impacts relative to other uses in the same area (e.g., lower traffic generation); • Unique project building requirements (e.g., warehouse uses that have large land coverage requirements but low employment densities); • Extraordinary benefits to the City. On May 18, 2021, the City Council approved an Economic Development Zone (EDZ) and incentives package for properties east of Fallon Road along the future Dublin Boulevard extension. The EDZ encourages investments in the targeted industry sectors prioritized by the City Council, including "Med-Tech" and "Bio-Tech" companies and startups. The final users of the industrial parcels are unknown and therefore, the Planned Development Stage 2 Development Plan provides flexibility to support uses targeted by the EDZ incentives package. According to the Applicant, a FAR of 0.40 for warehousing uses is needed to obtain the building square footage to meet user needs. An overview of the Stage 2 Development Plan is provided below. The draft Ordinance providing details of the amendments to the Stage 1 Development Plan and the proposed Stage 2 Development Plan is included as Attachment 1. Development Standards The Stage 1 Development Plan includes development standards for the Industrial Park and Residential area and allows them to be modified through a Stage 2 Development Plan. Development standards are proposed for the residential neighborhood supporting single-family Page 5 of 11 198 and multi -family homes of various sizes and styles. Building off the existing Stage 1 Development Plan, the single-family homes would be a mix of one- and two-story buildings with a maximum height of 35 feet. The attached multi -family homes would be a maximum of three stories and 40 feet in height. A minimum of two covered parking spaces and one guest parking space are required for every unit in the project area. For the industrial area, the development standards would allow a maximum height of three stories and 35 feet. It also provides the required setbacks for both the building and parking areas from Dublin Boulevard adjacent properties. The parking requirement defers to the Dublin Municipal Code. A complete list of all development standards is included in the proposed Planned Development Ordinance (Attachment 1). Increase in Floor Area Ratio As outlined above, the proposed Planned Development Zoning includes increasing the FAR from 0.35 to 0.40 in the industrial area for warehousing uses only. For all other uses the maximum FAR will remain 0.35 FAR. Architectural and Landscape Guidelines The architectural and landscape guidelines provided in the Stage 2 Development Plan provide the framework for the future Site Development Review Permits. The architectural and landscape guidelines are based on the Design Guidelines and Master Neighborhood Landscaping Plan in the Stage 1 Development Plan and aim to promote well -designed and attractive development. The architectural guidelines are organized into two sections: Residential Design Guidelines and Industrial Design Guidelines. The guidelines for the residential area focus on four proposed architectural styles: Mediterranean, Cottage, American Heritage, and Traditional architecture. The residential guidelines seek to develop an interesting mix of plans and elevation styles and to ensure balanced and varied streetscapes. To achieve this, requirements for varied elevations, colors, and massing are included as well as criteria for building form and articulation, roof, window, and door details, garage design and placement, and building materials and finishes. The industrial guidelines focus on creating a unique sense of place that is complementary to its industrial and residential surroundings. The industrial guidelines focus on contemporary and modern styles and include criteria for site design, parking and circulation, storage and loading areas, building form, scale, and finish materials. The architectural guidelines are included as Attachment 2. The proposed landscape guidelines are intended to complement and enhance the architecture throughout the development. The emphasis for the Branaugh property is to create a well -designed development through the choices and arrangement of materials, colors, and textures. The overall landscape theme provides vibrant, flowering plant material that complements the architecture and provides seasonal color while encouraging pedestrian access and connectivity to adjacent uses and activities. The landscape guidelines are included as Attachment 3. Inclusionary Zoning Pursuant to the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal Page 6of11 199 Code), developments of more than 20 residential units are required to set aside 12.5% of the units in the project as affordable units. The proposed project includes up to 97 units which generates an affordable requirement of up to 12 units. The Inclusionary Zoning Regulations further allow the payment of fees in -lieu of constructing 40% of the inclusionary units and provides additional alternative methods of compliance with these requirements. The applicant's proposal to comply with the City's Inclusionary Zoning Regulations is outlined in the Planned Development Ordinance and added as a condition of approval for the tentative map. The inclusionary housing requirement will be satisfied as follows: • In -Lieu Fee: 40% of the total number of inclusionary units within the development shall be satisfied via payment of an "In -Lieu Fee" as provided by the City's Impact Fee Schedule. • On -site Affordable Units: 60% of the total number of inclusionary units within the development shall be developed on site. • On -site Affordable Units shall be dispersed throughout the neighborhood and constructed concurrently with the market rate units. • Execution of an agreement imposing appropriate resale controls and/or rental restrictions on the affordable units shall be required in accordance with DMC Chapter 8.68. The Development Agreement also includes the option to pursue an alternative method of compliance as provided by the Dublin Municipal Code. Vesting Tentative Parcel Map The application includes a request for Vesting Tentative Parcel Map (VTPM) No. 9306 to create the individual development parcels. The proposed Vesting Tentative Parcel Map would subdivide the 40.16-acre Branaugh property into four parcels as follows: Table 3. Summary of Parcel Map Parcel Parcel Size (acres) Existing Land Use Proposed Use 1 2 3 9.87 Medium Density Residential 2.04 17.87 4 8.51 Industrial Park Industrial Park Industrial Park Residential Water Quality Facility for Residential Industrial Industrial In addition, 1.87-acres of the property has been set aside for the future extension of Dublin Boulevard located between Parcels 3 and 4. The future Dublin Boulevard extension dedication includes a 130-foot right-of-way plus a 10-foot Public Service Easement on both the north and south side of the road. The VTPM is included as Attachment 5. Development Agreement The Applicant has requested approval of a Development Agreement for the project. The Development Agreement would provide security to the Applicant that the City will not change its zoning and other laws applicable to the project for a stated period of time. Additionally, it is a Page 7 of 11 100 mechanism for the City to obtain commitments from the Applicant that the City might not otherwise be able to obtain. The details of the Development Agreement can be found in Attachment 8. The main points are highlighted below. Project Grading To accommodate the grading necessary on the property for future development, the Development Agreement allows the property owner to grade the entirety of parcel prior to the construction of the Dublin Boulevard extension. If grading has not commenced, a slope easement adjacent to the Dublin Boulevard frontage shall be dedicated. Affordable Housing The Development Agreement acknowledges the property owner's intention to request an "alternative method of compliance" for required affordable units as outlined in the Inclusionary Zoning Regulations section above. The Development Agreement does not commit to a specific alternative method, which would need to be approved by the City Council, if requested. Right -of -Way Dedications As part of the project, the property owner is required to dedicate land to support the Dublin Boulevard extension and the Collier Canyon Road realignment as part of the Valley Link project. The Development Agreement requires the dedication of Dublin Boulevard to occur no later than three years from the approval date of the VTPM and the dedication of Collier Canyon Road on the first final map. Community Facilities District for Mitigation Impacts of Dublin Boulevard Extension The Dublin Boulevard extension project results in direct and indirect impacts on the environment which need to be mitigated prior to construction of the road. The Development Agreement includes working with the property owner on the funding and financing for the impacts related to the Dublin Boulevard extension and to the project. More specifically, it includes the formation of a Community Facilities District (CFD) to fund the acquisition of facilities required to mitigate for indirect impacts in association with construction of the Dublin Boulevard extension. A CFD is a special tax district which would allow the property owner to impose a special tax to fund services, public improvements, or infrastructure. The CFD must be formed prior to the filing of the first parcel or final map unless an alternative to mitigate the impacts is approved by the City Engineer. Community Facilities District for Service and Maintenance of Public Improvements The Development Agreement includes provisions that require the developer to cooperate with the formation of a CFD for the purpose of financing the services and maintenance of public facilities/improvements constructed by the Developer. Public facilities/improvements include all public streets (including storm drain systems, streetlights, and other street appurtenances) within Parcels 1 and 2 (future residential tract), as shown on the Vesting Tentative Parcel Map 9306. Eastern Dublin Transportation Impact Fee Credits The Development Agreement restricts the Developer from using or applying any Eastern Dublin Transportation Impact Fee (EDTIF) Credits that they have purchased or transferred from any other credit -holder to satisfy their EDTIF obligations. Page 8 of 11 101 Floor Area Ratio Flexibility up to .50 The proposed project includes an increase to the floor area ratio (FAR) from .35 to .40 for warehousing uses only. The property owner is interested in seeking a General Plan Amendment in the future to allow for a further increase to .50 FAR. The Development Agreement does not commit to the amendment but acknowledges the property owner's intention. Land Use Amendments The property owner would like flexibility with the future for hybrid uses, specifically for uses such as the sale of wine and wine production. To allow these uses, the Applicant would need a General Plan and Eastern Dublin Specific Plan Amendment to change the land use designation from Industrial Park to General Commercial/Campus Office, and a corresponding amendment to the Planned Development Zoning. The Development Agreement does not commit to the amendment but acknowledges the property owner's intention. The draft Ordinance approving the Development Agreement is included as Attachment 6 with the Development Agreement itself as Attachment 7. Consistency with the General Plan. Specific Plan and Zoning Ordinance The proposed Planned Development Rezone and Vesting Tentative Parcel Map are consistent with the City of Dublin General Plan, Eastern Dublin Specific Plan, and the Dublin Zoning Ordinance because the proposed zoning and land division will allow for the implementation of Medium - Density Residential and Industrial Park uses within the project area which has been designated for such uses. Airport Influence Area (AIA)/Overlay Zoning District The project site is located within the Airport Influence Area (AIA)/Overlay Zoning District and Airport Safety Zone 6 as provided in Chapter 8.35 of the Dublin Municipal Code. This area is designated as an area in which current or future airport -related noise, overflight, safety and/or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The AIA is a designation by the Alameda County Airport Land Use Commission. All permitted and conditionally permitted uses set forth in a Planned Development Zoning District that was adopted and in effect prior to August 2012 are considered to be "Existing Land Uses" pursuant to the Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority over Existing Land Uses unless changes to an Existing Land Use results in an increase of nonconformity with ALUCP policies. The proposed Planned Development Zoning District does not include any new land uses beyond what was allowed in the existing Planned Development Zoning District, including a variety of residential and industrial uses. The Planned Development Zoning District includes increasing the FAR for warehousing uses from 0.35 to 0.40. The Livermore Municipal Airport ALUCP allows warehousing in Safety Zone 6 with no limit to intensity (people/acre), therefore the increase in FAR is consistent with the ALUCP. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for Page 9of11 102 environmental impacts and that environmental documents be prepared. Prior CEQA analysis for the Fallon East project area includes: 1) the East Dublin General Plan and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the "EDSP EIRs." Pursuant to CEQA Guidelines and using the City's Initial Study Checklist, the City assessed whether any further environmental review is required for the proposed project and determined an Addendum to the EDSP EIRs is the appropriate CEQA review. The Addendum is included as Attachment 9. PLANNING COMMISSION REVIEW: On February 14, 2023, the Planning Commission held a public hearing to consider the proposed project and make a recommendation to the City Council. As part of the public hearing, one member of the public provided comments. Following the public hearing, the Planning Commission adopted Resolution No. 23-01 (Attachment 9) unanimously recommending approval of the project. STRATEGIC PLAN INITIATIVE: Strategy 5: Large Land Tract Development and Open Space. Objective B: Work with the area property owners in conjunction with the Dublin Blvd. extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Two City -led Community Meetings were held on September 7 and 8, 2022, to provide Dublin residents with information about the proposed Branaugh Property project. Four community members attended the meeting on September 7 and five community members attended the meeting on September 8. Staff provided a presentation that included an overview of the City's development review process and the proposed project. Questions were asked about the Dublin Boulevard extension project, airport noise impacts on the residential development, water supply for future development, timing of project development, affordable housing, and the impacts to schools. In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the subject property. A Public Notice was also published in the East Bay Times and posted at several locations throughout the City. To date, the City has not received any comments regarding the project. A copy of this Staff Report was posted on the City's website and provided to the Applicant. Page 10 of 11 103 ATTACHMENTS: 1) Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property 2) Exhibit A to the Ordinance - Architectural Guidelines 3) Exhibit B to the Ordinance - Landscape Guidelines 4) Resolution Approving Vesting Tentative Parcel Map No. 9306 for the Branaugh Property 5) Exhibit A to the Resolution - Vesting Tentative Map 6) Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project 7) Exhibit A to the Ordinance - Development Agreement 8) CEQA Analysis in Support of Addendum 9) Planning Commission Resolution No. 23-01 without Exhibits Page 11 of 11 104 r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: March 21, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager Agenda Item 4.4 SU B.ECT : Approving the California Office of Emergency Services (CalOES) Form 130 to Designate Officers for the City's Application for State and Federal Emergency Reimbursements Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving the CalOES Form 130 designating the City Manager, Assistant City Manager, and Director of Administrative Services as agents necessary to provide for all matters pertaining to State and Federal Emergency Management Agency (FEMA) reimbursements. The resolution will remain in effect for all open and future disasters up to three years following the date of approval. STAFF RECOMMENDATION: Adopt the Resolution Approving the California Office of Emergency Services (CalOES) Form 130, Designation of Applicant's Agent Resolution for Non -State Agencies. FINANCIAL IMPACT: There is no immediate financial impact associated with approving the Resolution. However, approval of the CalOES Form 130 is required for the City to obtain certain disaster cost reimbursements from the State and FEMA relating to the 2023 Winter Storms (FEMA-4683-DR- CA) as well as any future disasters over the next three years. DESCRIPTION: In order for the City to be eligible to obtain certain disaster cost reimbursements from the State and FEMA, the City Council must approve a CalOES Form 130—Designation of Applicant's Agency Resolution for Non -State Agencies (Form 130). This action designates the positions the City Council authorizes to apply for public assistance and recovery funding on behalf of the City, for a three-year period. The City Council previously approved a Form 130 on April 21, 2020, which will expire on April 21, 2023. The proposed action continues to designate the City Manager, Assistant Page 1 of 2 105 City Manager, and Director of Administrative Services as agents who can apply for possible reimbursement. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the California Office of Emergency Services (Ca1OES) Form 130, Designation of Applicant's Agent Resolution for Non -State Agencies 2) Exhibit A to the Resolution - Ca1OES Form 130 Page 2 of 2 106 Attachment I RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES) FORM 130, DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES WHEREAS, for the City to be eligible to obtain certain disaster cost reimbursements from the State and FEMA, the City Council must approve a CalOES Form 130—Designation of Applicant's Agency Resolution for Non -State Agencies (Form 130); and WHEREAS, the Form 130 designates the positions the City Council authorizes to apply for public assistance and recovery funding on behalf of the City, for a three-year period; and WHEREAS, the Current Form 130 was approved by the City Council on April 21, 2020 and will expire this year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the CalOES Form 130—Designation of Applicant's Agent Resolution for Non - State Agencies, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 21 st day of March 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 107 OES STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Attachment 2 - Exhibit A to the Resolution RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION Cal OES ID No: DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBLIN THAT (Governing Body) CITY MANAGER (Title of Authorized Agent) ASSISTANT CITY MANAGER , OR (Title of Authorized Agent) DIRECTOR OF ADMINISTRATIVE SERVICES (Title of Authorized Agent) (Name of Applicant) , OR is hereby authorized to execute for and on behalf of the CITY OF DUBLIN (Name of Applicant) a public entity established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following: Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre -Disaster Mitigation Program (LPDM), under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. - National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 California Early Earthquake Warning (CEEW) under CA Gov Code - Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.1 1, 8587.12 That the CITY OF DUBLIN , a public entity established under the (Name of Applicant) laws of the State of California, hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Rev. 10-2022 Page 1 of 4 108 OES-FPD-1 " orma STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION 11-' NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Please check the appropriate box below ❑✓ This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. ❑ This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): Passed and approved this 21 day of MARCH ,2023 MELISSA HERNANDEZ, MAYOR (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION 1 MARSHA MOORE duly appointed and CITY CLERK (Name) CITY OF DUBLIN (Name of Applicant) correct copy of a resolution passed and approved by the CITY COUNCIL of the CITY OF DUBLIN on the 21 day of MARCH , 2023 (Name of Applicant) (Title) , do hereby certify that the above is a true and CITY CLERK (Signature) (Title) (Governing Body) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION of Rev. 10-2022 Page 2 of 4 OES FPD 1 109 orma STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION 11-' NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Cal OES Form 130 Instructions RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION A Designation of Applicant's Agent Resolution for Non -State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted. When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows: Resolution Section, Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc. Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor's Office of Emergency Services regarding grants for which they have applied. There are two ways of completing this section: 1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If "Titles Only" is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body's signature. 2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes. Rev. 10-2022 Page 3 of 4 OES-FPD-130 110 orma STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION 11-' NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION Checking Universal or Disaster -Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met. Certification Section: Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution. Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate "Self -Certification." Rev. 10-2022 Page 4 of 4 111 OES-FPD-130