Dublin City Council
March 15, 2022

V. OWNER OBLIGATIONS
a. Take no action that renders the Property unusable as a temporary disaster debris disposal site as determined by the CITY;
b. Upon notification (either verbal or in writing) by the CITY of the CITY’S intent to make use of some or all of the Property as a DMS under the terms and conditions of this Agreement, to make as much of the Property as deemed necessary by the CITY immediately available to the CITY, and to immediately remove all personal property (including, but not limited to vehicles and equipment) from those portions of the Property identified by the CITY for use; c. Not interfere in any manner with CITY-controlled debris management operations during the period of the CITY’S use of the Property under the terms and conditions of this Agreement.

VI. COMMENCEMENT DATE
The CITY will initiate DMS operations immediately preceding an event anticipated to generate debris within the CITY, or immediately following an event that generated debris within the CITY.

The CITY will activate this Agreement through verbal notification to the OWNER, followed by written notification transmitted by United States mail as certified or registered mail, return receipt requested, postage paid, and addressed to OWNER. The “Commencement Date” shall be the date upon which notification is verbally provided by the CITY to OWNER. 290
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VII. ASSIGNMENT
OWNER shall not sell or in any way assign, transfer, or encumber his control of the Property without prior written notification to the CITY.

VIII. COMPENSATION
The parties agree that no compensation will be rendered for the use of the Property by the CITY.

The CITY, or its designee(s), shall be responsible for restoring the Property to its original state.

IX. DMS OPERATIONS
The CITY, or its designee(s), will establish, operate, and monitor Debris Management Site (“DMS”) operations from the time of activation of this agreement through site restoration.

X. WORKING HOURS
Working hours for the DMS are only during daylight hours, seven days a week. Working hours may need to be adjusted to accommodate 24-hour operations depending on the severity of the incident.

XI. DEBRIS DISPOSAL
The CITY, or its designee(s), will properly, promptly and lawfully dispose of all waste, ash, and debris brought to or generated on the DMS.

XII. DEBRIS SOURCES
The debris stream entering the DMS may include debris generated in the unincorporated areas of Alameda County, the CITY, areas within neighboring municipalities, and from road rights-of- way maintained by the California Department of Transportation (Caltrans). The CITY will coordinate with Caltrans, and neighboring municipalities with regard to debris disposal at the CITY-operated DMS. The intention of this Agreement is to create an arrangement where Caltrans, and municipalities can deliver their debris to the DMS upon approval by the CITY and does not necessitate individual agreements between the OWNER and each entity.

XIII. NOTICES
Any notice or demand which by any provision of this agreement is required or allowed to be given by either party to the other shall be deemed to have been sufficiently given for all purposes when made in writing and sent in the United States mail as certified or registered mail, return receipt requested, postage paid, and addressed to the following respective addresses:

XIV. INDEMNIFICATION
The CITY agrees to indemnify and hold harmless OWNER from any claims, causes of action, administrative proceedings, and any and all other legal claims directly arising out of or relating to any damage, injury, loss, or other actions or omissions taken by CITY, its employees, agents, contractors, subcontractors, and representatives as a direct result of the CITY’s use of the Property under the terms and conditions of the Agreement. The CITY shall not be liable for any damage, injury, loss, or other actions or omissions not taken by CITY, its employees, agents, 291
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contractors, subcontractors and representatives, including acts of third parties not operating at the direction of or under the control of CITY. Further, CITY shall not be liable for any injury, damage, or loss sustained by OWNER as a result of OWNER’S breach of the terms and conditions of this Agreement.

XV. TERMINATION
This Agreement shall be in effect from the last date written below until ______________. This Agreement may be terminated by either party upon submission of a thirty-day advance written notice of termination. It is the intention of the Parties to discuss the renewal of this Agreement on an annual basis. Such renewals, if mutually agreed upon, shall be evidenced by an executed Supplemental Memorandum of Agreement. The Parties may choose to negotiate new or changed terms at the time of renewal.

OWNER:

CITY: __

XVI. ENTIRE AGREEMENT
The OWNER and the CITY agree that this document constitutes the entire agreement between the two parties and may only be modified by a written mutual agreement signed by the parties.

Modifications may be evidenced by facsimile signatures. Unless and until further modified, this agreement shall consist of this document and the following attachments or addenda: Exhibit A XVII. GOVERNING LAW
Both parties agree that this Agreement shall be governed by the laws of the State of California.

This Agreement shall be effective on the date of the last signature below. City in witness whereof, the Parties have each executed this Agreement, this the ___ day of ______________, (ENTER YEAR).

OWNER
BY:
(Signature)
(Print Name) _____________________________
(Title) _____________________________
DATE : _________________
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CITY
BY:
(Signature)
(Print Name) ______________________________
(Title) ______________________________
DATE: ________________

WITNESS
BY:
(Signature)
(Print Name) ______________________________
(Title) ______________________________
DATE: ________________
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Attachment H: Field Documentation
The following documents are provided to support debris management operations. They include force account tracking records, truck load and debris haul out tickets, disposal logs and truck certifications:

1. Force Account Labor Summary Record

2. Force Account Equipment Summary Record

3. Load Ticket

4. Debris Haul Out Ticket

5. Disposal Monitoring Log

6. Truck Certification Form and Instructions
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Project (App./Dis./Prog.)
Truck Number
House Number
Street / Origin
Correct Zone
Debris Class
Correct Dates & Times
Disposal Site
Load Call / Weight
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
A
P
Page ____ of ____
Disposal Monitor # Check-out Sup ervisor Signature #
©2018 Tetra Tech, Inc All Rights Reserved

DISPOSAL MONITOR LOG
Project Site Date QC Monitor #
TICKET #

COLLE CTION MONITOR
# Last Name
Legend
 = Al l Go od
Initials = Fixed
X = P r ob l e m
TRUCK # CAP % E RROR NOTEARRIVAL CONFORM CODE
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Attachment I: Contractor, Disposal and Recycling Contacts Attachment I: Contractor, Disposal and Recycling Contacts This attachment provides contact information for debris hauling and monitoring businesses, City franchise waste haulers, disposal sites and recycling operators in Tables 1 -5.

Table 1: Debris Hauling Firm
Company
Name Phone Email Address
Table 2: Debris Monitors
Company
Name Phone Email Address
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Table 3: Franchise Waste Hauler
Company
Name Phone Email Address

1. Dublin
Amador
Valley
Industries
925-979-9545 [email protected]
Mailing Address
PO Box 12617
Pleasanton, CA
94588
Customer Service
Center
6175 Southfront Rd.

Livermore, CA
94551
925-479-9545
Fax 925-454-0782

2. Pleasanton
Pleasanton
Garbage
Service:
925-449-7300 [email protected]
Mailing Address:

Pleasanton Garbage
Service, Inc.

P.O. Box 399
Pleasanton, CA
94566
Business Address:

Pleasanton Garbage
Service, Inc.
3110 Busch Road
Pleasanton, CA
94566
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Table 4: Final Disposal Locations
Site
Name
Market Operator Location Phone
Vasco
Road
Landfill,
LLC
Residential and commercial
municipal solid waste (MSW),
green-waste, clean wood-
waste, construction and
demolition (C&D) debris
(clean brick, concrete,
asphalt, plaster, stucco, clean
drywall), dirt, white goods,
TVs/monitors, tires,
household recycling (glass,
cardboard, paper, plastic)
Republic
Services
4001 North
Vasco Road 925-447-0491
Altamont
Landfill &
Resource
Recovery
MSW, asbestos (friable/non-
friable), yard waste, industrial
and special waste, drums
(liquids and solids), C&D,
sludge, biosolids
Waste
Management
10840
Altamont Pass
Rd, Livermore,
CA 94550
866-909-4458
Livermore
Household
Hazardous
Waste
Facility
Household hazardous waste
including: pesticides,
household batteries,
automotive batteries and
fluids, fertilizers, pool
chemicals, photo chemicals,
paint/varnish, toxic cleaning
products, mercury containing
items, medications,
sharps/needles.

Alameda
County
5584 La Ribera
St., Livermore,
CA
800-606-6606
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Table 5: Recycling Resources
Site Name Address Phone Material Streams
Collected
Altamont Landfill
& Resource
Recovery
10840 Altamont Pass
Rd, Livermore, CA
94550
866-909-4458 Metals, tires, C&D and
mulch.

Century Recycling
Livermore
2388 Research Dr
Livermore, CA 94550 925-243-1228
California Redemption Value
(CRV) items (aluminum,
glass, plastic, bi-metal),
metals, plastic, glass.

Nica Metals 101 Greenville Road
Livermore, CA 94551 925-443-6422 Metals, glass, paper, plastic Recycling
Resource
Recovery
Systems, LLC
3110 Busch Road
Pleasanton, CA 94566 925-846-4062
E-waste, glass, metal, paper,
plastic
Vintage Tech E-
Waste Recycling
2442 Research Dr.

Livermore, CA 94550 925-371-1050 E-waste
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Attachment J: Sample Press Release
Debris Event Press Release
Template
[YOUR LOGO HERE]

FOR IMMEDIATE RELEASE
For Immediate Release (Approximately 48-72 Hours Prior to Incident) The City of ______________, California – The potential for dangerous conditions is eminent for the City and its residents. The City is prepared and has a plan in place to immediately respond following the incident. Once dangerous conditions subside, and roads have been cleared of obstructions, residents should bring any debris to the public right-of-way for removal.

The public right-of-way is the area of residential property that extends from the street to the sidewalk, ditch, utility pole or easement. Residents should separate clean, vegetative debris (woody debris such as limbs and shrubbery) from construction and demolition debris. Do not mix hazardous material, such as paint cans, aerosol sprays, batteries, or appliances with construction and demolition debris. Household garbage, tires or roof shingles cannot be combined with any INSERT INCIDENT related debris.

Do not place debris near water meter vault, fire hydrant or any other above-ground utility. Only debris placed on the public right-of-way will be eligible for collection until further notice.

If all debris is not picked up during the initial pass, residents should continue to push remaining debris to the public right-of-way for collection on subsequent passes. Residential debris drop-off locations may be available within the City. Check the City’s Web site at INSERT WEB SITE , Contact Name
Phone
Email
Website
[A Captivating Headline]
[Optional Sub-header That Builds on The Headline]
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INSERT SOCIAL MEDIA SITE(S) for the location of these sites and the hours of operation or call INSERT NUMBER. The City website will also provide City office closure times/date (including garbage collection and City facilities). All reconstruction debris (debris resulting from rebuilding) is the responsibility of the homeowner. Those items must be dropped off at the INSERT LOCATION.

City of _____________ residents are encouraged to stay indoors until the danger has passed.

Please tune into local news channels for updated weather information. ####
For Immediate Release (Approximately 0-72 Hours Following Incident) The City of ____________, California –The City is beginning its recovery process in the wake of INSERT INCIDENT. City residents are asked to place any INSERT INCIDENT related debris on the public right-of-way.

The public right-of-way is the area of residential property that extends from the street to the sidewalk, ditch, utility pole or easement. Keep vegetative debris (woody debris such as limbs and shrubbery) separated from construction and demolition debris, as they will be collected separately.

Bagged debris should not be placed on the public right-of-way, only loose debris will be collected.

Any household hazardous waste, roof shingles or tires resulting from INSERT INCIDENT, may be eligible for removal and should be separated at the curb.

Do not place near water meter vault, fire hydrant or any other above-ground utility. Only debris placed on the public right-of-way will be eligible for collection until further notice.

If all debris is not picked up during the initial pass, please continue to push remaining debris to the right-of-way for collection on subsequent passes. Household garbage collection will resume to its normal schedule on INSERT DATE AND TIME. Please check the City’s Web site INSERT WEB SITE, INSERT SOCIAL MEDIA SITE(S) for additional information and updates on the debris removal process.

For more information, please call the City’s debris hotline at INSERT NUMBER. ####
For Immediate Release (72 Hours Prior to Final Pass of Debris Removal) The City of ______________, California. – Final preparations are being made for the third and potentially final pass for debris removal in the wake of INSERT INCIDENT.

City residents should have all INSERT INCIDENT related debris in front of their homes on the public right-of-way (the area of residential property that extends from the street to the sidewalk, ditch, utility pole or easement) no later than INSERT DATE to be eligible for pick-up.

The City will not be able to guarantee that debris placed on the public right-of-way after the specified deadline will be removed.
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Residents should continue to separate vegetative debris (woody debris such as limbs and shrubbery) and construction and demolition debris. Do not place debris near water meter vault, fire hydrant or any other above-ground utility. Hazardous household chemicals such as paint cans and batteries may be deposited at the INSERT LOCATION.

You can follow the debris removal efforts in your neighborhood and the rest of the City by going to the City’s Web site at INSERT WEB SITE, INSERT SOCIAL MEDIA SITE(S), or by calling INSERT NUMBER.
####
Separating Debris Graphic
For more information contact:
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Attachment K: Hazardous Stump Extraction and Removal
FEMA Public Assistance Program and Policy Guide FP 104-009-02 V4 Section VI. A. c. Stump Removal
For stumps that have 50 percent or more of the root-ball exposed, removal of the stump and filling the root-ball hole are eligible. If grinding a stump in-place is less costly than extraction, grinding the stump in-place is eligible.

Stump removal in areas with known or high potential for archeological resources usually requires that FEMA further evaluate and consult with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO). If the Applicant discovers any potential archeological resources during stump removal, the Applicant must immediately cease work and notify FEMA.

Contracted Stump Removal
FEMA only reimburses contracted costs charged on a per-stump basis if:
 The stump is 2 feet or larger in diameter measured 2 feet above the ground; and  Extraction is required as part of the removal.

The Applicant needs to ensure the price for stump removal includes extraction, transport, disposal, and filling the root-ball hole.

For stumps that have less than 50 percent of the root-ball exposed, FEMA only provides FEMA PA funding to flush cut the item at ground level and dispose of the cut portion based on volume or weight. Grinding any residual stump is not eligible.

For stumps smaller than 2 feet in diameter, or for stumps of any size that do not require extraction, FEMA only provides FEMA PA funding based on volume or weight as removal of these stumps does not require special equipment. If the Applicant claims reimbursement of these stumps on a per stump basis, FEMA limits PA funding based on a unit price for volume or tons, calculated using the Stump Conversion Table (Located on the following pages of this Attachment).

If the Applicant incurs additional costs in picking up stumps 2 feet or larger in diameter that the contractor did not extract, it should complete the Hazardous Stump Worksheet ((Located on the following pages of this Attachment) and present documentation to substantiate the costs as reasonable based on the equipment required to perform the work. (d) Documentation Requirements
The Applicant must provide all of the following documentation to support the eligibility of removing tree limbs, branches, stumps, or trees that are still in place:
 Specifics of the immediate threat with the U.S. National Grid (USNG) location and photograph or video documentation that establishes the item is on public property;  Diameter of each item removed (measurement must be 2 feet up the trunk from the ground for stumps and 4.5 feet up for trees);
 Quantity of material to fill root-ball holes; and
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 Equipment used to perform the work.

STUMP CONVERSION TABLE
Diameter to Volume Capacity
FEMA quantifies the number of cubic yards of debris for each size of stump based on the following formula:
[(Stump Diameter2 x 0.7854) x Stump Length] + [(Root-Ball Diameter2 x 0.7854) x Root-Ball Height] 46,656
 0.7854 is one-fourth Pi and is a constant.
 46,656 is used to convert cubic inches to cubic yards and is a constant.

The formula used to calculate the cubic yardage used the following factors, based upon findings in the field:
 Stump diameter measured 2 feet up from the ground
 Stump diameter to root-ball diameter ratio of 1:3.6
 Root-ball height of 31 inches
See the conversion chart on the following page.
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Stump Diameter
(Inches)
Debris Volume
(Cubic Yards)
Stump Diameter
(Inches)
Debris Volume
(Cubic Yards)
6 0.3 46 15.2
7 0.4 47 15.8
8 0.5 48 16.5
9 0.6 49 17.2
10 0.7 50 17.9
11 0.9 51 18.6
12 1 52 19.4
13 1.2 53 20.1
14 1.4 54 20.9
15 1.6 55 21.7
16 1.8 56 22.5
17 2.1 57 23.3
18 2.3 58 24.1
19 2.6 59 24.9
20 2.9 60 25.8
21 3.2 61 26.7
22 3.5 62 27.6
23 3.8 63 28.4
24 4.1 64 29.4
25 4.5 65 30.3
26 4.8 66 31.2
27 5.2 67 32.2
28 5.6 68 33.1
29 6 69 34.1
30 6.5 70 35.1
31 6.9 71 36.1
32 7.3 72 37.2
33 7.8 73 38.2
34 8.3 74 39.2
35 8.8 75 40.3
36 9.3 76 41.4
37 9.8 77 42.5
38 10.3 78 43.6
39 10.9 79 44.7
40 11.5 80 45.9
41 12 81 47
42 12.6 82 48.2
43 13.3 83 49.4
44 13.9 84 50.6
45 14.5
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Attachment L: Temporary Debris Management Site Guidance Temporary Debris Management Site (TDMS) Checklist
The following basic steps outline procedures for selecting and operating a TDMS. The FEMA Public Assistance Debris Management Guide FEMA-325 / July 2007 contains additional information including site selection. https://www.fema.gov/sites/default/files/2020- 07/fema_325_public-assistance-debris-mgmt-plan_Guide_6-1-2007.pdf

1. Gather baseline data from the site to document the state of the land before debris is deposited.

The attached Investigation of Property Suitability form can be used to assess potential sites.

The following action items are recommended to compile baseline information:
a. Photograph the site – Digital photos should be taken to capture the state of the site before debris reduction activities begin. Photos should be updated periodically throughout the project to document the progression of the site.
b. Record physical features – Records should be kept detailing the physical layout and features of the site. Items such as existing structures, fences, landscaping, etc., should be documented in detail.
c. Historical evaluation – The past use of the site area should be researched and documented.

Issues relating to historical or archeological significance of the site should be cleared with the state historical preservation agency.
d. Sample soil and water – If possible and deemed necessary, soil, and groundwater samples will be taken before debris reduction activities commence. Samples will help ensure the site is returned to its original state. Typically, soil and groundwater samples should be analyzed for total Resource Conservation and Recovery Act (RCRA) metals, volatile organic compounds, and semi-volatile organic compounds using approved U.S.

Environmental Protection Agency (EPA) methods

2. Acquire the necessary approvals for the site – TDMSs will require approval from the Alameda County Environmental Health Department serving as the Local Enforcement Agency (LEA) for the County. Use the attached TDMS Information Form to record site information. Coordinate with local and state authorities for any additional approvals

3. Set up the TDMS
a. Determine the layout for the site. See attached example. b. Determine traffic patterns for trucks to safely enter and exit the site. c. Set up monitor tower(s)

4. Begin TDMS operations
a. Establish debris staging and reduction operations
b. Conduct disposal monitoring

5. Begin environmental monitoring program of TDMS

6. Open additional TDMSs as necessary

7. Complete the disposal of reduced debris

8. Close out and remediate TDMSs
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TDMS Investigation of Property Suitability
DATE OF SITE INVESTIGATION:

OWNERSHIP OF PROPERTY (CHECK ONE): Municipal Property County Property Private Property
Other Ownership (describe)
_____________________________________________________________________ PROPERTY NAME:

PROPERTY OWNER’S NAME:

PROPERTY OWNER’S ADDRESS:

PROPERTY OWNER’S PHONE NUMBER:

PROPERTY OWNER’S EMAIL ADDRESS:

ESTIMATED PROPERTY SIZE:

SITE GPS COORDINATES:

PHYSICAL ADDRESS:

CHARACTERIZATION OF NEIGHBORING PROPERTIES

EVALUATION FACTOR COMMENTS
Property Current Land Use
Any proposed future land uses
Environmental issues
Proximity to Schools, Churches, Community
Centers
Property topography
Open water sources
Ground water wells
Access to electricity/sewer/water
Soil integrity
Surface water drainage
Prevailing wind direction
Ingress/Egress
Lighted area
Site security
Buffer Distance for Noise Control
Property Developed
Property Adjacent to Airport/Airfield
Site able to handle large volume of trucks
SITE PREPARATION: High __________ Medium ____ ______ Low __________ SUITABILITY TO WET WEATHER: High __________ Medium ____ ______ Low __________ ABILITY TO SERVE A SPATIAL AREA: High __________ Medium ____ ______ Low __________ 315
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SITE ACCEPTABILITY FOR WHAT TYPE OF REDUCTION METHOD (CHECK APPLICABLE METHOD(S)):

Open Burning __________
Air Curtain Incineration __________
Grinding __________
*Note – likely use as a citizen drop-off site, no reduction on-site WILL THIS SITE BE RECOMMENDED FOR USE: (YES/NO)? EXPLAIN WHY:
______ C&D
______ Vegetative
______ Both C&D and Vegetative
______ White Goods
______ Other (Describe________________________)
LIST NUMBERS OF EACH PHOTOGRAPH TAKEN OF THE PROPERTY:

LIST THE CLOSEST LANDFILL AND APPROXIMATE DISTANCE FROM SITE:

NOTES:
___________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Attach photos of the site.
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Sample Layout of a TDMS
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Attachment M: Sample Right of Entry Permit

RIGHT-OF-ENTRY PERMIT
[For Providing Debris Removal on Private Property]
<Insert name of owner> (“Owner”), hereby permits the City of ____________ its officers, employees, agents, contractors and subcontractors (“City”), to enter upon Owner’s property commonly identified as <insert property address> , County of Alameda, State of California (“Premises”), subject to all licenses, easements, encumbrances, and claims of title affecting the Premises upon the following terms and conditions:

1. Grant of Right of Entry. Owner hereby grants the City a right of entry (“Permit”) over the Premises for the purpose of inspecting the Premises, testing materials on the Premises, removing and clearing any or all <name of incident> generated debris of whatever nature including by not limited to ash, vehicles, construction debris, trees, waste or other materials from the Premises, subject to the terms and conditions set forth in this Permit. It is fully understood that this Permit does not create any obligation on the City to perform inspection, testing or debris clearance. Owner understands that the City will undertake no cleanup action until the Right-of-Entry Permit is signed and returned.

2. Private Insurance Coverage. Most homeowner’s insurance policies have coverage to pay for the costs of removal of <insert type of incident> generated debris. Owner understands that in the event federal financial assistance is received by the Owner for purposes of inspection, testing or debris removal hereunder, federal law (42 United States Code 5155, et seq.) requires Owner to reimburse the City for the cost of removing <insert name of incident> generated debris to the extent covered in Owner’s insurance policy. Owner also understands that, when requested, Owner must provide a copy of the insurance policy, proof/statement of loss and settlement agreement from Owner’s insurance company to the City.

Owner (_____does, ____ does not) have homeowners or similar insurance. If Owner indicates that Owner does not have such insurance, Owner certifies under penalty or perjury that there was no insurance in effect at the time of the <insert type of disaster>, which may provide coverage for the costs of inspection, testing or debris removal.

3. Duplication of Benefits. Owner (____ has, ____ has not) and (____ will, ____ will not) receive(d) any compensation for debris removal from any other source including Small Business Administration (SBA), individual and family grant program or any other public assistance program.

Owner will advise the City in writing within 10 days of receipt of any insurance settlements for debris removal. Owner further agrees to reimburse the City within 30 days of receipt, from such proceeds, for the cost of the debris removal conducted by the City. In the event the insurance proceeds are less than the cost of debris removal incurred by the City, Owner will not be responsible for the difference. If the insurance proceeds exceed the City’s cost of debris removal, 319
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Owner will keep any excess proceeds. Owner understands that all disaster related funding, including that for debris removal from private property, is subject to audit.

4. Hold Harmless. The City shall not be liable for, and Owner shall indemnify and hold harmless the City, the County, the United States Government, the Federal Emergency Management Agency (FEMA), subcontractors, employees and volunteers, against any and all claims, deductibles, self- insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens, labor disputes, losses, damages, expenses, personal injury, charges or costs of any kind or character, including attorneys’ fees and court costs (herein collectively referred to as “Claims”), which arise out of or are in any way connected to actions arising out of this Permit, and hereby release, discharge and waive any claims and action, in law or equity, arising therefrom. Owner shall make Owner’s best efforts to mark any sewer lines, utilities, septic tanks and water lines located on the Premises.

5. No City Assumption of Liability for Remediation. In consideration of the assistance the City is providing to Owner under this Permit, at no cost to Owner, the City assumes no liability or responsibility, and Owner shall not seek to recover from the City, Alameda County, the United States Government, the Federal Emergency Management Agency (FEMA), the State of California, National Resource Conservation Service, CalFire, California Conservation Corps, California Department of Corrections and Rehabilitation or any of their officers, agencies, agents, contractors, subcontractors, employees and volunteers, the costs of any remediation of damages to the Premises incurred due to actions taken pursuant to this Permit.

6. City Agents. Any person, firm, or corporation authorized to work upon the Premises by the City shall be deemed to be the City’s agent, including but not limited to California Environmental Protection Agency and its contractors, National Resource Conservation Service, CalFire, California Conservation Corps, California Department of Corrections and Rehabilitation and shall be subject to all applicable terms hereof.

7. Authority. Owner represents and warrants that it has full power and authority to execute and fully perform its obligations under this Permit pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this Permit on behalf of Owner are the duly designated agents of Owner and are authorized to do so, and that fee title to the Premises vests solely in Owners.

8. Entire Agreement. This Permit constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded.

9. Modification. The provisions of this Permit may not be modified, except by a written instrument signed by both parties.

10. Partial Invalidity. If any provision of this Permit is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Permit shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. 320
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 192

11. Successors and Assigns. This Permit shall bind and benefit the parties and their successors and assigns, except as may otherwise be provided herein.

12. Notices. Any notice required hereunder shall be provided as follow:

For the City:

Name: _______________________________
Department: _______________________________
Address: _______________________________
_______________________________
Phone _______________________________
For the Owner:

Name: _______________________________
Department: _______________________________
Address: _______________________________
_______________________________
Phone _______________________________
IN WITNESS WHEREOF, Owner and the City have executed this Permit effective as of _____________________(date).

Owner:

Property Address:
________________________________________
________________________________
By: ____________________________________
(signature)
Phone #1: ___________________________
Phone #2: ___________________________
Email address:
____________________________________
City:

City of __________________, California
By:
______________________________________
321
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Attachment N: Priority Road List
The City of Dublin’s evacuation routes (i.e. priority routes) are provided in the image below. 322
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 194
323
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 195
The City of Pleasanton’s evacuation routes (priority routes) are listed below. 324
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 196
325
Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 197
Attachment O: Critical Facilities List
The following tables below specify critical facilities for both Dublin and Pleasanton. 326
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Table 1. City of Dublin Critical Facilities List
City of Dublin Critical Facilities List
Critical Facility Name Critical Facility Type Address
BAY AREA RAPID TRANSIT Major Transportation IRON HORSE PKWY BAY AREA RAPID TRANSIT Major Transportation 6501 GOLDEN GATE AVE BAY AREA RAPID TRANSIT Major Transportation DE MARCUS BLVD-60KV SUBSTATION CALIFORNIA HIGHWAY PATROL Emergency Services 4999 GLEASON DR

CHABOT-LAS POSITAS COMMUNITY

COLLEGE DISTRICT
Government - Schools 7600 DUBLIN BLVD CITY OF DUBLIN--CIVIC CENTER Government - Facilities 100 CIVIC PLZ

CITY OF DUBLIN--PUBLIC SAFETY

COMPLEX
Emergency Services 6361 CLARK AVENUE CITY OF DUBLIN--CORPORATION YARD Government - Facilities 5706 SCARLETT COURT

CITY OF DUBLIN--SHANNON

COMMUNITY CENTER
Government - Facilities 11600 SHANNON AVENUE
CITY OF DUBLIN--THE WAVE Government - Facilities 4201 CENTRAL PARKWAY CITY OF DUBLIN--DUBLIN LIBRARY Government - Facilities 200 CIVIC PLZ CITY OF DUBLIN--ACFD Vehicle
Maintenance Facility
Emergency Services 5777 SCARLETT COURT CITY OF DUBLIN--Fire Station 16 Emergency Services 7494 DONOHUE DR CITY OF DUBLIN--Fire Station 17 Emergency Services 6200 MADIGAN DR CITY OF DUBLIN--Fire Station 18 Emergency Services 4800 FALLON RD EAST COUNTY ANIMAL SHELTER Government - Facilities 4595 GLEASON DR

ALAMEDA COUNTY OFFICE OF

EMERGENCY SERVICES
Emergency Services 4985 Broder Blvd COUNTY OF ALAMEDA Government - Jail 5325 BRODER BLVD PRIMARY 21KV DEPT OF THE ARMY Emergency Services 520 MITCHELL DR DEPT OF THE ARMY Energy Sector 8TH STREET & ADAMS ST DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 620 BLDG CAMP PARKS DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 690 HUTCHINS ST DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 350 BLDG CAMP PARKS 327
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City of Dublin Critical Facilities List
DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 665 6TH ST DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 677 BLDG CAMP PARKS DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 275 8TH ST DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 650 DAVIS AVE DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 282 8TH ST DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 611 BLDG CAMP PARKS DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 501 BLDG CAMP PARKS DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 659 CAMP PARKS BLVD DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 685 POWERS ST DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 628A Camp Park Blvd DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 500 DAVIS ST DEPT OF THE ARMY Other - Parks Reserve Forces Training Area 517 BLDG CAMP PARKS

DUBLIN SAN RAMON SERVICES

DISTRICT
Other - Parks Reserve Forces Training Area 10 BARNET BLVD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 4851 ARNOLD RD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 3550 ANTONE WY

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 7541 BRIGADOON WAY

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 7051 DUBLIN BLVD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 5791 N DUBLIN RANCH DR

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 4010 FALLON RD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 11520 Betlen Dr

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 5596 TURNBERRY DR

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 10800 DUBLIN BLVD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 8137 CREEKSIDE DR 328
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City of Dublin Critical Facilities List

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water BLOOMINGTON & FENWICK

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 7373 HANSEN DR

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 7155 STAGECOACH RD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 11600 SHANNON

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 5099 TASSAJARA RD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 11222 BETLEN DR

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 1180 RANGE RD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 10653 DUBLIN BLVD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 6441 FALLON RD

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 11222 BETLEN DR # C

DUBLIN SAN RAMON SERVICES

DISTRICT
Water and Waste Water 6402 DOUGHERTY RD DUSD--WELLS MIDDLE SCHOOL Government - Schools 6800 PENN DR DUSD--COTTONWOOD CREEK SCHOOL Government - Schools 2400 CENTRAL PKWY

DUSD--FREDERICKSEN ELEMENTARY
SCHOOL
Government - Schools 7243 TAMARACK DR DUSD--NEILSEN ELEMENTARY SCHOOL Government - Schools 7500 AMARILLO RD DUSD--DUBLIN ELEMENTARY SCHOOL Government - Schools 7997 VOMAC RD DUSD--VALLEY HIGH SCHOOL Government - Schools 6901 YORK DR DUSD--DUBLIN HIGH SCHOOL Government - Schools 8151 VILLAGE PKWY DUSD--KOLB ELEMENTARY SCHOOL Government - Schools 3150 PALERMO WAY DUSD--FALLON MIDDLE SCHOOL Government - Schools 3001 KOHNEN WY

DUSD--DOUGHERTY ELEMENTARY
SCHOOL
Government - Schools 5301 HIBERNIA DR 329
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City of Dublin Critical Facilities List

DUSD--MURRAY ELEMENTARY
SCHOOL
Government - Schools 8435 DAVONA DR

DUSD--JOHN GREEN ELEMENTARY
SCHOOL
Government - Schools 3300 ANTONE WAY

DUSD--AMADOR ELEMENTARY
SCHOOL
Government - Schools 2100 E CANTARA DR

DUSD--DUSD ADMINISTRATIVE

OFFICES
Government - Schools 7471 LARKDALE AVE

FEDERAL CORRECTIONAL

INSTITUTION
Government - Jail 5675 8TH STREET CAMP PARK

FEDERAL CORRECTIONAL

INSTITUTION
Government - Jail 6600 GOODFELLOW AVE # A

FEDERAL CORRECTIONAL

INSTITUTION
Government - Jail 6650 GOODFELLOW AVE

FEDERAL CORRECTIONAL

INSTITUTION
Government - Jail 5701 8TH ST

FEDERAL CORRECTIONAL

INSTITUTION
Government - Jail 6600 GOODFELLOW AVE # B

FEDERAL CORRECTIONAL

INSTITUTION
Government - Jail 8TH & HAMILTON EAST COUNTY HALL OF JUSTICE Government - Facilities 5151 GLEASON DR KINDER MORGAN LP Chemical Sector 6144 HORIZON PKWY QUARRY LANE SCHOOL INC Government - Schools 6363 TASSAJARA RD ST RAYMONDS CATHOLIC CHURCH Government - Schools 11555 SHANNON AVE U S ARMY GARRISON DEPT OF ARMY Other - Parks Reserve Forces Training Area 635 BLDG 6TH ST VALLEY CHRISTIAN CENTER Government - Schools 7500 INSPIRATION DR 330
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Table 2. City of Pleasanton Critical Facilities List
City of Pleasanton Critical Facilities List
Site Name Critical Facility Type Address
Pleasanton City Hall Government Facilities: Schools, Jails, Prisons 123 Main Street Pleasanton Police Department Emergency Services Sector: Police, Fire, Emergency Ops
4833 Bernal Avenue/P.O. Box 909
Pleasanton Police Department
North Service Center
Emergency Services Sector: Police, Fire, Emergency
Ops
6050 Stoneridge Mall Road
Fire Station 1 Emergency Services Sector: Police, Fire, Emergency Ops
3560 Nevada Street
Fire Headquarters Emergency Services Sector: Police, Fire, Emergency Ops
3560 Nevada Street
Fire Station 2 Emergency Services Sector: Police, Fire, Emergency Ops
6300 Stoneridge Mall Road
Fire Station 3 Emergency Services Sector: Police, Fire, Emergency Ops
3200 Santa Rita Road
Fire Station 4 Emergency Services Sector: Police, Fire, Emergency Ops
1600 Oak Vista Parkway
Fire Station 5 Emergency Services Sector: Police, Fire, Emergency Ops
1200 Machado Place
Fire Training Center Emergency Services Sector: Police, Fire, Emergency Ops
3301 Busch Road
Emergency Operation Center Emergency Services Sector: Police, Fire, Emergency Ops
4833 Bernal Avenue/P.O. Box 909
Horizon Early Education Center Government Facilities: Schools, Jails, Prisons 245 Abbie Street 331
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City of Pleasanton Critical Facilities List
Harvest Park iPals Preschool Government Facilities: Schools, Jails, Prisons 4900 Valley Avenue STEAM Preschool Government Facilities: Schools, Jails, Prisons 4667 Bernal Avenue Alisal Elementary School Government Facilities: Schools, Jails, Prisons 1454 Santa Rita Road Donlon Elementary School Government Facilities: Schools, Jails, Prisons 4150 Dorman Road Fairlands Elementary School Government Facilities: Schools, Jails, Prisons 4151 W. Las Positas Boulevard Hearst Elementary School Government Facilities: Schools, Jails, Prisons 5301 Case Avenue Lydiksen Elementary School Government Facilities: Schools, Jails, Prisons 7700 Highland Oaks Drive Mohr Elementary School Government Facilities: Schools, Jails, Prisons 3300 Dennis Drive Valley View Elementary School Government Facilities: Schools, Jails, Prisons 480 Adams Way Vinatage Hills Elementary School Government Facilities: Schools, Jails, Prisons 1125 Concord Street Walnut Grove Elementary School Government Facilities: Schools, Jails, Prisons 1999 Harvest Road Hart Middle School Government Facilities: Schools, Jails, Prisons 4433 Willow Road Harvest Park Middle School Government Facilities: Schools, Jails, Prisons 4900 Valley Avenue Pleasanton Middle School Government Facilities: Schools, Jails, Prisons 5001 Case Avenue 332
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City of Pleasanton Critical Facilities List
Amador Valley High School Government Facilities: Schools, Jails, Prisons 1155 Santa Rita Road Foothill High School Government Facilities: Schools, Jails, Prisons 4375 Foothill Road Village High School Government Facilities: Schools, Jails, Prisons 4645 Bernal Avenue Gingerbread Preschool Government Facilities: Schools, Jails, Prisons 4333 Black Avenue Axis Community Health - Medical
Clinic
Healthcare and Public Health 5925 W Las Positas Boulevard #100 Axis Community Health - Medical
Clinic
Healthcare and Public Health 4361 Railroad Avenue
Stanford Children's Health Healthcare and Public Health 5000 Pleasanton Avenue Suite 200 Standford Health Care – Valley
Care Medical Center
Healthcare and Public Health 5555 W Las Positas Boulevard Stanford Vascular Care Clinic Healthcare and Public Health 5565 W Las Positas Boulevard John Muir Health Urgent Care Healthcare and Public Health 5860 Owens Drive Concentra Urgent Care Healthcare and Public Health 5635 W Las Positas Boulevard Express Medicine Urgent Care Healthcare and Public Health 5700 Stoneridge Mall Road #100 Kaiser Permanente Healthcare and Public Health 7601 Stoneridge Road Pleasanton City Water Services Water and Waste Water Systems 3333 Busch Road Dublin San Ramon Services
District
Water and Waste Water Systems 7399 Johnson Drive
Dublin Canyon Booster Station Water 11599 Dublin Canyon Rd Foothill Booster Station Water 4301 Foothill Rd
Grey Eagle Booster Station Water 55 Red Feather Ct
Kottinger Ranch Booster Station Water 1201 Hearst Dr
Laurel Creek Booster Station Water 5800 Foothill Rd
Longview Booster Station Water 8999 Longview Dr
McCloud Booster Station Water 501 Kottinger Dr
333
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City of Pleasanton Critical Facilities List
Ruby Hill Booster Station Water 3033 W Ruby Hill Dr
Sycamore Booster Station Water 937 Sycamore Creek Way
Tank 1300 Booster Station Water 9400 Santos Ranch Rd
Tank 900 Booster Station Water 9000 Santos Ranch Rd
Tank 510 Booster Station Water 8251 Santos Ranch Rd
Vineyard Booster Station Water 3502 Vineyard Ave
Vineyard Hills Booster Station Water 1202 Machado Pl
Turnout 1 Water 2722 Santa Rita Rd
Turnout 2 Water 3400 Hopyard Rd
Turnout 3 Water 3699 W Las Positas
Turnout 4 Water 4790 Hopyard Rd
Turnout 5 Water 3550 Nevada St
Wells 5 & 6 Water 1450 Santa Rita Rd
Well 7 Water 3033 Hopyard Rd
Well 8 Water 3333 Busch Rd
Bonde 1 Tank Water 900 Abbie St
Bonde 2 Tank Water 30 Grey Eagle Ct
Dublin Canyon Tank Water 6220 Detjen Ct
Golden Eagle Tank Water 8200 Golden Eagle Wy
Happy Valley Golf Course Tank Water 4500 Clubhouse Dr
Kottinger Ranch Tank Water 1399 Benedict Ct
Laurel Creek Tank Water 9700 Crosby Dr
Lower Ruby Hill Tank Water 3599 Valenza Way
Lund Tank Water 1700 Minnie St
Moller Tank Water 8207 Moller Ranch Dr
Sycamore 8MG Tank Water 1100 Sycamore Creek Way
Tassajara Tank Water 5450 Tassajara Dr
Upper Ruby Hill Tank Water 4001 W Ruby Hill Dr
334
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City of Pleasanton Critical Facilities List
Vineyard Hills Tank Water 99 Winding Oaks Way
Sewer Pump Station S-2 Sewer 8019 Foothill Rd
Sewer Pump Station S-3 Sewer 3333 Hopyard Rd
Sewer Pump Station S-5 Sewer Across from 1705 Laguna Creek Ln Sewer Pump Station S-6 Sewer 6900 W Las Positas
Sewer Pump Station S-7 Sewer 4950 Bernal Ave
Sewer Pump Station S-8 Sewer 6890 Koll Center Pkwy
Sewer Pump Station S-9 Sewer 6720 Arlington Dr
Sewer Pump Station S-10 Sewer 7341 Foothill Rd
Sewer Pump Station S-12 Sewer 302 Happy Valley Rd
Sewer Pump Station S-14 Sewer 6614 Alisal St
Sewer Pump Station S-15 Sewer 2299 Vineyard Ave
Storm Pump Station SD-1 Storm 4950 Bernal Ave
Storm Pump Station SD-2 Storm 4000 Del Valle Pkwy
Storm Pump Station SD-3 Storm 3090 Valley Ave
Storm Pump Station SD-4 Storm 1040 Valley Ave
Recycled Water Pump Station Recycled 5600 PARKSIDE DR
335
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END OF DOCUMENT
336

STAFF REPORT

CITY COUNCIL

Agenda Item 4.7
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project Prepared by: Marsha Moore, MMC, City Clerk and Jordyn Bishop, Assistant City Attorney
EXECUTIVE SUMMARY:

The City Council will consider adopting an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project. The first reading of the Ordinance was held on March 1, 2022 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the Ordinance.

STAFF RECOMMENDATION:

Waive the reading and adopt the Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00).

FINANCIAL IMPACT:

None.

DESCRIPTION:

On December 7, 2021, the City Council introduced Ordinance No. 11-21 titled, “Amending the Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028.” Ordinance No. 11-21 was adopted by the City Council on December 21, 2021. 337

On December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00)” (the “Referendum”) was sent to the City Clerk by the proponent. On December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the Referendum’s proponent for circulation.

Pursuant to Elections Code Section 9238, subd. (b)(2)(B)(vi), the proponent had 30 days from receipt of the City Attorney’s approved summary to submit the petition. The Referendum petition against Ordinance No. 11-21 was submitted to the City Clerk on January 27, 2022. The City Clerk completed a technical review and a prima facie review of signatures and identified 5,202 unverified signatures, meeting the required number of signatures to qualify the petition for further examination. On January 27, 2022, the Referendum petition was delivered to the Alameda County Registrar of Voters for signature examination using the voter registration records to verify the number of valid signatures of Dublin voters.

The Registrar of Voters performed a full check of signatures affixed to the petition and determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by the City Council. On February 22, 2022, the Registrar submitted to the City Clerk a certificate of sufficiency of the petition dated February 17, 2022. On March 1, 2022, the City Council accepted the City Clerk’s Certificate of Petition certifying the sufficiency of the referendum petition against Ordinance No. 11-21 and introduced by title and waived the first reading on an Ordinance repealing Ordinance No. 11-21. The City Council is now being asked to waive the second reading and adopt the Ordinance.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project
338
Attachment 1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2 ORDINANCE NO. XX – 22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
REPEALING ORDINANCE NO. 11 - 21 WHICH AMENDED THE ZONING MAP AND APPROVED A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 2

DEVELOPMENT PLAN AND CEQA FINDINGS FOR THE EAST RANCH PROJECT PLPA 2020-00028
(APNs 905-0002-001-01 and 905-0002-002-00)
WHEREAS, on December 21, 2021, the City Council adopted Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00); and
WHEREAS, on December 23, 2021, a referendum proponent filed a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001- 01 and 905-0002-002-00)” (“Referendum”), with the City Clerk pursuant to Elections Code section 9238(b)(2)(B); and
WHEREAS, on December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the proponent for circulation; and
WHEREAS, on January 27, 2022, the Referendum petition was accepted for filing following the City Clerk’s prima facie review and determination that the number of signatures on the Referendum petition exceeded 3,439, the minimum number of signatures required; and WHEREAS, on January 27, 2022, the City Clerk submitted the Referendum petition to the Alameda County Registrar of Voters for examination and a determination, from the records of registration, as to whether or not the Referendum petition was signed by the requisite number of voters; and
WHEREAS, on February 22, 2022, the Alameda County Registrar of Voters submitted to the City Clerk a Certificate to Petition dated February 17, 2022 determining that the Referendum petition contains 4,635 valid signatures of qualified registered voters in the City of Dublin and that the Referendum petition is therefore sufficient; and WHEREAS, on March 1, 2022, the City Council accepted the City Clerk’s Certificate of Petition, certifying the results of the examination and sufficiency of the Referendum petition filed; and
WHEREAS, pursuant to Elections Code section 9241, the City Council is required to submit an ordinance to the voters if it does not entirely repeal the ordinance against which a sufficient referendum petition is filed.
339
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:

Section 1. Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

Section 2. Repeal. Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002- 002-00) is hereby repealed in its entirety.

Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.

Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED this 15 th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
340

STAFF REPORT

CITY COUNCIL

Agenda Item 4.8
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Annual Progress Report on the Status of the General Plan and Housing Element for Calendar Year 2021
Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:

State planning law (Government Code Section 65400) requires local jurisdictions to provide an Annual Progress Report (APR) on the implementation of the General Plan Housing Element as well as General Plan activities each year to the Governor’s Office of Planning and Research and California Department of Housing and Community Development. This Staff Report, including Attachment 1 (Housing Element APR Tables), serves as the City of Dublin’s APR for calendar year 2021.

STAFF RECOMMENDATION:

Receive the Annual Progress Report and direct Staff to forward it to the Governor’s Office of Planning and Research and California Department of Housing and Community Development.

FINANCIAL IMPACT:

None.

DESCRIPTION:

This Staff Report is organized into the following sections: a) Background; b) Status of General Plan activities; c) Progress towards meeting City’s Regional Housing Needs Allocation (RHNA); and d) Status of Housing Element actions and programs.

Background
Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. The City Council adopted the General Plan in 1985 and has periodically adopted amendments.
341

The Dublin General Plan groups the seven State-mandated elements and five optional elements into the following five sections:
1) Land Use and Circulation Section:
 Land Use Element (State-mandated)
 Parks and Open Space Element (State-mandated)
 Schools, Public Lands, and Utilities Element (Optional)  Circulation and Scenic Highways Element (State-mandated) 2) Housing Section:
 Housing Element (State-mandated)
3) Environmental Resources Management Section:
 Conservation Element (State-mandated)
 Seismic Safety and Safety Element (State-mandated)
 Noise Element (State-mandated)
 Water Resources Element (Optional)
 Energy Conservation Element (Optional)
4) Community Design and Sustainability Section:
 Community Design and Sustainability Element (Optional) 5) Economic Development Section:
 Economic Development Element (Optional)
A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law, enacted in 1969, mandates local governments update their Housing Element every eight years to demonstrate how they have adequately planned to meet the existing and projected housing needs of all economic segments of the community. The community’s housing need is determined through the RHNA process. The City’s current Housing Element covers the period of 2015-2023.

Local governments are required to provide an annual report to their legislative body, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD), on the status of the General Plan implementation as well as progress made toward meeting its RHNA (Government Code Section 65400(a)(2)). This Staff Report, including Attachment 1 (Housing Element APR Tables), serves as the City of Dublin’s Annual Progress Report (APR) for calendar year 2021.
342

Status of General Plan Activities
This section of the report focuses on General Plan Amendments (GPAs) approved from January 1 to December 31, 2021. Under Government Code Section 65358(b), no mandatory element of the General Plan may be amended more than four times per year, although each amendment may include more than one change to the General Plan. The following GPAs were approved in 2021:
 Kent Property. On February 16, 2021, the City Council adopted Resolution No. 16-21, approving a General Plan Amendment to change the land use designation of the Kent property, located at 6207 Sierra Court, from Business Park/Industrial to Retail/Office and Automotive. Additionally, on March 2, 2021, the City Council adopted Ordinance No. 01-21, rezoning the subject property from Light Industrial (M-1) to General Commercial (C-2).  Public/Semi-Public Sites.On June 15, 2021, the City Council adopted Resolution No. 85-21, approving a General Plan Amendment and Eastern Dublin Specific Plan (EDSP) Amendment to change the land use designation of a portion of the GH PacVest and East Ranch properties from Semi-Public to Public/Semi-Public to allow a broader range of uses, including the potential for affordable housing developed by a non-profit entity. The General Plan Amendment and EDSP Amendment also changed the land use designation for the Emerald High School site from Neighborhood Commercial to Public/Semi-Public consistent with the planned use of the property for a high school. Additionally, on July 20, 2021, the City Council adopted Ordinance No. 05-21, approving amendments to the Planned Development Zoning Stage 1 Development Plans for these properties.

Progress Towards Meeting City’s RHNA
The State of California periodically provides population growth and housing need estimates to each regional Council of Government. The Association of Bay Area Governments (ABAG), which is the regional Council of Government in the Bay Area, is then charged with distributing, based on projected local job and household growth, the regional housing need to counties and cities within the ABAG region. Each local jurisdiction’s need is further categorized by income category. The goal of the RHNA process is to ensure that local General Plans can accommodate projected future household growth for all income levels in each jurisdiction. Housing production across all income levels is needed to address the State’s existing challenges regarding housing supply and affordability.

Table 1 identifies the City’s RHNA for the 2014-2022 period. The City’s Housing Element is required to demonstrate an ability to accommodate the City’s RHNA at the various income levels through vacant or underutilized land designated to allow residential development and housing production.
343

Table 1. Dublin’s Current RHNA by Income Category
Income Category % of Area Median Income (AMI) RHNA
Extremely-Low- and Very-
Low-Income 0 – 50% of AMI 796 (34.8%)
Low-Income 51 – 80% of AMI 446 (19.5%)
Moderate-Income 81 – 120% of AMI 425 (18.6%)
Above-Moderate -Income 120%+ of AMI 618 (27%)
TOTAL 2,285
Source: Regional Housing Need Plan-San Francisco Bay Area 2015-2023, ABAG.

Table 2 illustrates the number of building permits the City has issued for new housing during the current RHNA cycle.

Table 2. Building Permits Issued During Current RHNA Cycle Income
Category RHNA 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total
Units to
Date
Total
Remaining
RHNA
Very-Low 796 26 0 0 0 0 0 0 - - 26 770
Low 446 39 0 0 0 0 0 0 - - 39 407
Moderate 425 4 2 8 17 8 27 13 - - 79 346
Above-
Moderate 618 839 612 1,187 770 233 473 764 - - 4,878 0
Total 2,285 908 614 1,195 787 241 500 777 - - 5,022 1,523 Total Housing Production*
The City issued Planning entitlements for three notable projects in 2021: the 573-unit East Ranch project, which includes 68 affordable units; the 300-unit Amador Station (Bridge Housing) affordable project; and the 113-unit Regional Street (Eden Housing) affordable project. Combined, the three projects include a total of 481 affordable units. Additionally, the City issued building permits for 777 dwelling units in 2021. Most notably, the City issued building permits for Avalon West, a 499-unit multi-family project located at 6700 Golden Gate Drive. The City also continued to issue building permits for the Boulevard and Tassajara Hills projects. *The East Ranch project received a referendum challenge, and a petition began its circulation prior to the end of December 31, 2021. Subsequently, sufficient signatures were collected and submitted to the City Council for action on March 1. The City Council has opted to repeal with the approval and the applicant is expected to resubmit the project under certain state housing laws, and this will affect the affordable housing proposal for the project. An update will be provided in the next annual report.

Affordable Housing Production
Of the building permits issued for 777 new dwelling units in 2021, 13 units were affordable units at the moderate-income category. The affordable units include 13 accessory dwelling units as part of the Tassajara Hills development.

Accessory Dwelling Unit Production
Although accessory dwelling units (ADUs) are often considered “affordable by design,” HCD only allows ADUs to count towards the affordable categories if the affordability can be demonstrated 344

through either a deed restriction guaranteeing affordable rents, documentation of proposed rental rates, or through a survey of rental rates of comparable units. In 2021, the City issued building permits for 13 ADUs that are deed-restricted for moderate-income households and seven non- deed restricted accessory dwelling units.

The City Council took several actions to address barriers to development of ADUs and junior ADUs (JADUs) and facilitate their production in 2021. On December 7, 2021, the City amended the Master Fee Schedule to waive certain City permit fees for ADUs applied for between January 1, 2022, and December 31, 2026. Permit fees are waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed-restricted as lower-income units for a period of 55 years.

To further incentivize and streamline the construction of ADUs, the City worked with RRM to develop ADU prototype plan models, with a range of sizes and architectural styles. Additionally, the City is finalizing an ADU Manual to guide applicants through the process of constructing an ADU.

Conformance with SB 35
In 2017, Governor Brown signed SB 35 into law, which established a streamlined approval process for new housing applications that meet certain criteria. Local jurisdictions are subject to SB 35 when the number of units that have been issued building permits is less than the locality’s share of the regional housing need, by income category, for that RHNA reporting period. Based on housing production during the current RHNA period, HCD has determined that the City of Dublin is subject to SB 35. Developers in Dublin may request a streamlined approval process under SB 35 if their project has a minimum of 50% affordable units. On March 1, 2022, the City Council adopted the Citywide Multi-Family Objective Design Standards to address streamlined approval under SB 35 and ensure that new multi-family development in Dublin continues to provide high quality architecture, appropriately connect to its surroundings, include well-designed amenities and open spaces, promote sustainability, and contribute to walkable and safe environments.

Conformance with SB 166
The City’s 2015-2023 Housing Element is required to demonstrate an ability to accommodate the RHNA at various income levels through vacant or underutilized land designated to allow residential development. In 2017, Governor Brown signed into law SB 166, which requires cities to continually ensure that their Housing Element land inventories can accommodate the unmet housing need. Under SB 166, a city must demonstrate that there is sufficient land identified to meet the unmet housing need at each income level prior to approving any project with fewer units by income category than identified in the Housing Element land inventory. If there is not sufficient land identified, then a city must identify additional sites within 180 days of approving a reduced- density project. AB 879 requires that jurisdictions report any sites that have been rezoned in order to comply with SB 166 as a component of their APR. The City did not identify or rezone any additional land to accommodate unmet housing need in 2021.

Progress in Implementing Housing Element Programs
345

The 2015-2023 Housing Element identifies 22 housing programs. Table D in Attachment 1 lists in detail the various programs implementing the Housing Element goals and policies with their current statuses using the format required by OPR and HCD. A summary of notable accomplishments in 2021 toward implementation of Housing Element programs is provided below.
 Program 5: Mixed-Use Development.Facilitate the construction of 100 high-density residential units within mixed-use developments within the planning period.

Status: In 2021, the City approved the Amador Station project, which consists of 300 affordable residential units in two separate buildings, ground-floor retail, amenity space, and parking. No building permits or certificates of occupancy were issued for high-density residential units within mixed-use developments in 2021.  Program 6: Affordable Housing Developers.Negotiate specific incentives package for each project, with increased incentives for projects that include units for extremely low-income households and persons with disabilities. Provide application/technical assistance as needed. Timing of applications or technical assistance will depend on application deadlines for funding sources. Provide assistance for affordable housing developers within the planning period to facilitate the construction of 100 affordable housing units within the planning period, with the goal of achieving 20 affordable units for extremely low-income households and/or persons with special needs (including persons with disabilities/development disabilities). Annually contact developers to discuss affordable housing opportunities.

Status: As noted above, the City approved the 300-unit Amador Station project, which will be built in two phases. Phase I will include 136 units affordable to households earning an average of no more than 43% area median income (AMI) (excluding two manager’s units) and Phase II of Amador Station will include 164 units affordable at a minimum to moderate-income households (excluding two manager’s units). In addition, the City approved the Regional Street Senior Affordable project, which will include 113 units affordable to households earning no more than 60% AMI, with 30% of the units affordable to households earning no more than 30% AMI (excluding one manager’s unit). Both projects are receiving financial support from the City. The City committed $7.1 million from the City’s Housing Fund and $2.9 million in Alameda County Measure A-1 Bond funds to Phase 1 of the Amador Station project, and the City committed $5 million in Measure A-1 bond funds and facilitated the site acquisition at low cost (valued at $5 million) for the Regional Street Senior Affordable project. The 573-unit East Ranch project proposed to include 18 units affordable to households earning no more than 120% AMI, 50 ADUs affordable to households earning no more than 80% AMI, and the dedication of a two-acre Public/Semi-Public site for a future affordable housing project site that could accommodate 77 units of very-low/low-income affordable rental housing. (See footnote on East Ranch under Total Housing Production)
The City joined California Community Housing Agency (CalCHA) and California Statewide Community Development Authority (CSCDA). These joint powers authorities issue bonds 346

to acquire properties for the production, preservation, and protection of essential middle- income rental housing. Three properties in Dublin were acquired through this program in 2021, including the 313-unit Aster project, the 390-unit Waterford Place Apartments, and the 324-unit Fountains at Emerald Park, which have resulted in conversion of 76 units that are now affordable to households earning no more than 80% AMI, 55 units affordable to households earning no more than 100% AMI, and 40 units affordable to households earning no more than 120% AMI.
 Program 12: Second Dwelling Units.Market this program through an informational brochure. The brochure will be available on the City website and at the Civic Center, Library, Senior Center, and other public locations. Facilitate the construction of 30 second dwelling units within the planning period.

Status: A summary of the City’s progress toward implementing this program is provided above under Accessory Dwelling Unit Production.
 Program 11: First Time Homebuyer. Assist 20 income-qualified first-time homebuyers during the planning period. Strive to assist approximately 10 above-moderate-income and 10 moderate-income households.

Status: In 2021, the City issued one new First Time Homebuyer Loan Program loan for $40,000 to a special education teacher who purchased a moderate-income condominium.

The loan has a 30-year term.
 Program 13: Homeless Assistance.Continue to fund emergency shelter programs in the Tri- Valley area to house residents in need of emergency shelter. Annually evaluate the homeless services needs as part of the Community Support Grants program, with the objective of assisting an average of 30 persons each year. Continue to participate in regional collaborations to address homelessness.

Status: The City continues to provide financial support to a number of local organizations that provide services and assistance to homeless people through the Community Support Grants program and other funding sources, including:
 Tri-Valley Haven’s Homeless and Family Support Services program assists Dublin residents through Sojourner House (a family homeless shelter) and their Food Pantry.
 Eden Information and Referral's 2-1-1 service provides information and referrals. It also serves as the Alameda County first point of contact of Coordinated Entry System screenings and referrals.
 CityServe of the Tri-Valley assists with crisis intervention and homelessness prevention.
 Program 19: Monitoring of Development Fees.As changes are made to development fees, the City will evaluate their impacts on housing development and adjust or mitigate as appropriate (such as continuing to offer fee deferral and amortization). 347

Status: On December 7, 2021, the City amended the Master Fee Schedule to waive certain City permit fees for ADUs applied for between January 1, 2022 and December 31, 2026.

Permit fees are waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed-restricted as lower-income units for a period of 55 years.

On December 21, 2021, the City Council adopted Resolution No. 144-21, revising the Eastern Dublin Traffic Impact Fee for future development within the Eastern Dublin Area, renaming the program as the Eastern Dublin Transportation Impact Fee, and updating the Consolidated Impact Fee Administrative Guidelines.
 Program 20: Equal Housing Opportunity.Provide referrals to appropriate agencies for services. Distribute fair housing information to public locations. Post information on the City’s website. Distribute information to real estate agents, rental property owners/managers, and financial institutions in Dublin. Participate in Alameda County’s Impediments to Fair Housing Study through the Community Development Block Grant (CDBG) program.

Status: The City continues to provide referrals to appropriate agencies for fair housing services through direct communication with residents (in person at the counter, via email, and over the phone) and the City website. The City’s website includes links to Eden Council for Hope and Opportunity (ECHO), the State of California Consumer Affairs Office booklet “California Tenants: Guide to Residential Tenants and Landlord's Rights and Responsibilities,” and the “Tri-Valley Human Services Pocket Guide.” The City, through Alameda County, contracts with ECHO to provide fair housing services to Dublin residents.  Program 22: Energy Conservation.Implement applicable Waste Management and Building Code regulations, provide Green Building training to Staff, and distribute energy conservation information to the public.

Status: In September 2020, the City Council adopted the Climate Action Plan 2030 and Beyond (CAP 2.0), establishing the next phase of climate action planning and implementation. Strategies of CAP 2.0 include 100% renewable and carbon-free electricity, building efficiency and electrification, sustainable mobility and land use, materials and waste management, and municipal leadership measures. CAP 2.0 establishes the City’s commitment to reducing greenhouse gas (GHG) emissions and strive for carbon neutrality by 2045, resulting in cleaner air, more versatile and flexible transportation, new opportunities for economic growth, reductions in localized flooding risks, and greater energy independence from fossil fuels.

The City continues to require covered projects (including construction, demolition, and renovation projects with total costs of $100,000 or greater) to submit a Waste Management Plan to meet the City’s Construction and Debris Ordinance, which was adopted in 2008 and amended in 2014. The regulations require the diversion of at least 65% for remodels and 75% for new construction of construction waste away from landfills. 348

Additionally, the City continues to work with StopWaste, the Bay Area Regional Energy Network (BayREN), and East Bay Energy Watch to provide energy conservation to the public via workshops and direct outreach. The City also promoted the new SB 1383 requirements to divert 75% of solid waste from the landfill by 2025 (based on 2014 levels) and 25% of food waste from the landfill.

Notably, the City transitioned all residential electrical accounts to East Bay Community Energy's Renewable 100 plan, which offers 100% renewable and carbon-free electricity, effective January 1, 2022.

Finally, the City continues to offer subsidized permit fees for the installation of solar roof panels for a variety of projects throughout the City of Dublin.

ENVIRONMENTAL DETERMINATION:

The Annual Progress Report is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306 (Information Collection) as it was limited to basic data collection strictly for information gathering purposes, which does not result in a serious major disturbance to an environmental resource.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Create More Affordable Housing Opportunities.

Objective E: Update the City’s General Plan Housing Element in accordance with state law and to ensure an adequate supply of sites to accommodate the City’s Regional Housing Needs Allocation for the period 2023-31.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

A copy of this Staff Report has been posted to the City’s website and the City Council Agenda was posted. Additionally, the Annual Progress Report will be posted on the City’s website once accepted by the City Council.

ATTACHMENTS:
1) Housing Element Annual Progress Report Tables
349
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
100 Civic Plaza
Dublin
94568
General Information
2021
Dublin
Contact Information
Michael
Cass
Principal Planner
[email protected]
9258336610
Mailing Address
Annual Progress Report Calendar Year 2021
Attachment 1
350
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 246 0 50 0 180 0 562 1038 1036 0 941-1500-035-01 6501 Golden Gate
Drive
Amador Station (Bridge
Housing) PLPA-2021-00019 MH R
7/21/2021
134 162 4 300 300 No Yes Yes Approved
905-0002-002-00
4038 Croak Road East Ranch (Croak
Project) PLPA-2020-00028
MH O
3/1/2021
50 18 555 623 623 No No N/A Approved
Subsequent to the approval
of the East Ranch project,
on December 23, 2021, a
proposed summary of a
referendum against
Ordinance No. 11-21 was
sent to the City Clerk by the
proponent. On December
28, 2021, the City Attorney
issued an approved
summary to the City Clerk
and the Referendum’s
proponent for circulation. On
March 1, 2022, the City
Council accepted the City
Clerk’s Certificate of Petition
certifying the sufficiency of
the referendum petition
against Ordinance No. 11-
21 and introduced an
Ordinance repealing
Ordinance No. 11-21. On
March 15, 2022, the City
Council is tentatively
scheduled to waive the
second reading and adopt
the Ordinance.
941-1500-025-00 6541-6543
Regional Street
Regional Street (Eden
Housing) PLPA-2021-00035 MH R
8/23/2021
112 1 113 113 No Yes Yes Approved
986-0034-016-00 5328 Ironhorse
Parkway
Dublin Station PD
Amendment PLPA-2021-00037 MH R
8/30/2021
2 2 No No N/A Pending
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 351
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Summary Row: Start Data Entry Below 246 0 50 0 180 0 560 1036 0 0 0 0 13 0 764 777 0 0 0 0 2 0 241 243 0 0 0 0 941-0210-014-00 5451 Dublin Blvd Boulevard -
Broadway BLDG-2021-00271 5+ O 0 8 3/15/2021 8 0 N Y 0
986-0070-024-00 5380 Arnold Road Boulevard -
Broadway BLDG-2021-00272 5+ O 0 10 3/15/2021 10 0 N Y 0 986-0060-196-00 5720 El Dorado
Lane
Boulevard - Hyde
Park N10 BLDG-2021-00274 5+ O 0 6 3/15/2021 6 0 N Y 0
986-0060-203-00 5781 El Dorado
Lane
Boulevard - Hyde
Park N10 BLDG-2021-00275 5+ O 0 6 3/15/2021 6 0 N Y 0
986-0070-042-00 5400 Saffron Way Boulevard -
Broadway BLDG-2021-00400 5+ O 0 8 4/5/2021 8 0 N Y 0
986-0060-210-00 5690 Metrose
Court
Boulevard - Hyde
Park N10 BLDG-2021-00405 5+ O 0 6 4/5/2021 6 0 N Y 0
986-0060-217-00 5680 Central
Parkway
Boulevard - Hyde
Park N10 BLDG-2021-00527 5+ O 0 6 4/16/2021 6 0 N Y 0
986-0070-044-00 5402 Arnold Road Boulevard -
Broadway BLDG-2021-00529 5+ O 0 10 4/16/2021 10 0 N Y 0 986-0060-224-00 5700 Central
Parkway
Boulevard - Hyde
Park N10 BLDG-2021-00668 5+ O 0 6 4/23/2021 6 0 N Y 0
986-0060-231-00 5825 Sterling
Street
Boulevard - Hyde
Park N10 BLDG-2021-00832 5+ O 0 6 5/27/2021 6 0 N Y 0
986-0060-238-00 5695 Vangaurd
Way
Boulevard - Hyde
Park N10 BLDG-2021-01031 5+ O 0 6 6/18/2021 6 0 N Y 0
986-0070-017-00 5463 Melissa Lane Boulevard -
Broadway BLDG-2021-01177 2 to 4 O 0 4 7/20/2021 4 0 N Y 0 986-0070-062-00 5473 Melissa Lane Boulevard -
Broadway BLDG-2021-01178 5+ O 0 8 7/20/2021 8 0 N Y 0
986-0070-018-00 5451 Melissa Lane Boulevard -
Broadway BLDG-2021-01339 2 to 4 O 0 4 8/18/2021 4 0 N Y 0 986-0066-034-00 5591 Holly Bay
Avenue
Boulevard - Abbey
N15 BLDG-2021-01571 5+ O 0 6 9/21/2021 6 0 N Y 0
986-0070-016-00 5450 Melissa Lane Boulevard -
Broadway BLDG-2021-01761 5+ O 0 8 10/27/2021 8 0 N Y 0
986-0060-245-00 5721 El Dorado
Lane
Boulevard - Hyde
Park N10 BLDG-2021-01887 5+ O 0 6 10/27/2021 6 0 N Y 0
986-00066-035-00 5579 Holly Bay
Avenue
Boulevard - Abbey
N15 BLDG-2021-02023 5+ O 0 6 12/17/2021 6 0 N Y 0
986-0070-014-00 5450 Arnold Road Boulevard -
Broadway BLDG-2021-02200 5+ O 0 8 12/17/2021 8 0 N Y 0
986-0066-018-00 5592 Holly Bay
Avenue
Boulevard -
Grammercy N14 BLDG-2021-02205 5+ O 0 6 12/10/2021 6 0 N Y 0 986-0066-019-00 5582 Holly Bay
Avenue
Boulevard -
Grammercy N14 BLDG-2021-02206 5+ O 0 6 12/10/2021 6 0 N Y 0 986-0070-015-00 5478 Melissa Lane Boulevard -
Broadway BLDG-2021-02296 5+ O 0 10 12/17/2021 10 0 N Y 0 941-1500-047-01 7688 Saint Patrick
Way Avalon West BLDG-2019-02126 5+ R 0 499 12/1/2021 499 0 N Y 0 986-0070-073-00 5415 Melissa Lane Boulevard -
Broadway BLDG-2019-01105 5+ O 0 8/6/2019 0 10 7/12/2021 10 N Y 0 986-0070-091-00 5471 Dublin
Boulevard
Boulevard -
Broadway BLDG-2019-01106 5+ O 0 8/6/2019 0 8 3/24/2021 8 N Y 0 986-0063-017-00 5773 Midnight
Place
Boulevard - Downing
N16 BLDG-2019-00192 5+ O 0 8/6/2019 0 8 6/23/2021 8 N Y 0 986-0063-018-00 5731 Greige Circle Boulevard - Downing
N16 BLDG-2019-00193 5+ O 0 2/13/2020 0 8 8/19/2021 8 N Y 0 986-0063-019-00 5711 Greige Circle Boulevard - Downing
N16 BLDG-2019-00194 5+ O 0 8/10/2020 0 8 9/22/2021 8 N Y 0 986-0063-020-00 5700 Greige Circle Boulevard - Downing
N16 BLDG-2020-00821 5+ O 0 11/16/2020 0 8 12/10/2021 8 N Y 0 986-0058-180-00 5401 Gracen Way Boulevard - Fillmore BLDG-2019-00097 2 to 4 O 0 2/6/2019 0 4 5/4/2021 4 N Y 0 986-0058-182-00 5451 Gracen Way Boulevard - Fillmore BLDG-2020-00416 2 to 4 O 0 8/4/2020 0 4 5/27/2021 4 N Y 0 986-0058-189-00 5431 Gracen Way Boulevard - Fillmore BLDG-2020-00417 2 to 4 O 0 8/4/2020 0 4 5/27/2021 4 N Y 0 986-0058-199-00 5956 Cannon Rd Boulevard - Fillmore BLDG-2020-00418 2 to 4 O 0 8/24/2020 0 4 12/9/2021 4 N Y 0 986-0060-175-00 5630 Central
Parkway
Boulevard - Hyde
Park N10 BLDG2019-00213 5+ O 0 3/4/2019 0 6 9/3/2021 6 N Y 0 986-0060-161-00 5652 Lexington
Avenue
Boulevard - Hyde
Park N10 BLDG-2019-00215 5+ O 0 3/4/2019 0 6 6/22/2021 6 N Y 0 986-0060-168-00 5780 El Dorado
Lane
Boulevard - Hyde
Park N10 BLDG-2019-00217 5+ O 0 3/4/2019 0 6 6/25/2021 6 N Y 0 986-0060-182-00 5730 Kemper Place Boulevard - Hyde
Park N10 BLDG-2020 5+ O 0 8/24/2020 0 6 12/7/2021 6 N Y 0 986-0061-072-00 5550 Barrel Court Boulevard - Skyline BLDG-2018-02492 5+ O 0 1/29/2019 0 10 3/8/2021 10 N Y 0 986-0061-094-00 5520 Stout Street Boulevard - Skyline BLDG-2018-02494 5+ O 0 7/15/2020 0 8 9/15/2021 8 N Y 0 986-0061-092-00 5521 Stout Street Boulevard - Skyline BLDG-2018-02497 5+ O 0 3/12/2020 0 10 7/2/2021 10 N Y 0 986-0061-110-00 5500 Stout Street Boulevard - Skyline BLDG-2020-00833 5+ O 0 10/28/2020 0 8 11/12/2021 8 N Y 0 985-0126-110-00 2803 Delamar
Drive Tassajara Hills BLDG-2020-01775 SFD O 0 1 1/12/2021 1 1 11/19/2021 1 N Y 0 985-0126-111-00 2815 Delamar
Drive Tassajara Hills BLDG-2020-01779 SFD O 0 1 1/12/2021 1 1 10/25/2021 1 N Y 0 985-0126-112-00 2823 Delamar
Drive Tassajara Hills BLDG-2021-01781 SFD O 0 1 1/12/2021 1 1 10/25/2021 1 N Y 0 985-0126-113-00 2831 Delamar
Drive Tassajara Hills BLDG-2020-01783 SFD O 0 1 1/12/2021 1 1 10/12/2021 1 N Y 0 985-0126-114-00 2835 Delamar
Drive Tassajara Hills BLDG-2020-01784 SFD O 0 1 1/12/2021 1 1 10/4/2021 1 N Y 0 985-0126-115-00 2851 Delamar
Drive Tassajara Hills BLDG-2020-01785 SFD O 0 1 1/12/2021 1 1 9/7/2021 1 N Y 0 985-0126-116-00 2865 Delamar
Drive Tassajara Hills BLDG-2020-01786 SFD O 0 1 1/12/2021 1 1 9/1/2021 1 N Y 0 985-0126-117-00 2873 Delamar
Drive Tassajara Hills BLDG-2020-01787 SFD O 0 1 1/12/2021 1 1 9/13/2021 1 N Y 0 985-0126-144-00 2872 Delamar
Drive Tassajara Hills BLDG-2020-01789 SFD O 0 1 1/12/2021 1 1 8/24/2021 1 N Y 0 985-0126-145-00 2866 Delamar
Drive Tassajara Hills BLDG-2020-01790 SFD O 0 1 1/12/2021 1 1 8/18/2021 1 N Y 0 985-0126-146-00 2858 Delamar
Drive Tassajara Hills BLDG-2020-01793 SFD O 0 1 1/12/2021 1 1 8/20/2021 1 N Y 0 985-0126-147-00 2850 Delamar
Drive Tassajara Hills BLDG-2020-01794 SFD O 0 1 1/12/2021 1 1 9/13/2021 1 N Y 0 985-0126-148-00 2838 Delamar
Drive Tassajara Hills BLDG-2020-01795 SFD O 0 1 1/12/2021 1 1 9/30/2021 1 N Y 0 985-0126-149-00 2830 Delamar
Drive Tassajara Hills BLDG-2020-01796 SFD O 0 1 1/12/2021 1 1 10/14/2021 1 N Y 0 985-0126-150-00 2826 Delamar
Drive Tassajara Hills BLDG-2020-01797 SFD O 0 1 1/12/2021 1 1 10/22/2021 1 N Y 0 985-0126-151-00 2812 Delamar
Drive Tassajara Hills BLDG-2020-01798 SFD O 0 1 1/12/2021 1 1 11/16/2021 1 N Y 0 985-0130-066-00 7163 Lembert Hills Tassajara Hills BLDG-2020-01932 SFD O 0 1 1/12/2021 1 0 N Y 0 985-0130-067-00 7171 Lembert Hills Tassajara Hills BLDG-2020-01934 SFD O 0 1 1/12/2021 1 0 N Y 0 985-0130-068-00 7179 Lembert Hills Tassajara Hills BLDG-2020-01936 SFD O 0 1 1/12/2021 1 0 N Y 0 985-0130-069-00 7187 Lembert Hills Tassajara Hills BLDG-2020-01937 SFD O 0 1 1/12/2021 1 0 N Y 0 985-0123-003-00 7305 Colton Hills
Drive Tassajara Hills BLDG-2021-00060 SFD O 0 1 2/3/2021 1 0 N Y 0 985-0123-004-00 7311 Colton Hills
Drive Tassajara Hills BLDG-2021-00062 SFD O 0 1 2/3/2021 1 0 N Y 0 985-0130-091-00 7126 Lembert Hills
Drive Tassajara Hills BLDG-2021-00068 SFD O 0 1 2/3/2021 1 0 N Y 0 985-0130-091-00 7130 Lembert Hills
Drive Tassajara Hills BLDG-2021-00072 SFD O 0 1 2/3/2021 1 0 N Y 0 985-0130-094-00 7123 Lembert Hills
Drive Tassajara Hills BLDG-2021-00073 SFD O 0 1 2/3/2021 1 0 N Y 0 985-0130-095-00 7131 Lembert Hills
Drive Tassajara Hills BLDG-2021-00074 SFD O 0 1 2/3/2021 1 0 N Y 0 985-0130-096-00 7139 Lembert Hills
Drive Tassajara Hills BLDG-2021-000075 SFD O 0 1 2/3/2021 1 0 N Y 0 985-0125-033-00 7316 Lembert Hills
Drive Tassajara Hills BLDG-2021-00155 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0125-034-00 7328 Lembert Hills
Drive Tassajara Hills BLDG-2021-00156 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0125-049-00 7323 Lembert Hills
Drive Tassajara Hills BLDG-2021-00157 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0125-050-00 7315 Lembert Hills
Drive Tassajara Hills BLDG-2021-00159 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0125-051-00 7299 Lembert Hills
Drive Tassajara Hills BLDG-2021-00160 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0125-033-00 7100 Lembert Hills
Drive Tassajara Hills BLDG-2021-00164 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0130-086-00 7106 Lembert Hills
Drive Tassajara Hills BLDG-2021-00165 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0130-087-00 7110 Lembert Hills
Drive Tassajara Hills BLDG-2021-00166 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0130-088-00 7116 Lembert Hills
Drive Tassajara Hills BLDG-2021-00182 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0130-089-00 7122 Lembert Hills
Drive Tassajara Hills BLDG-2021-00185 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0130-092-00 7107 Lembert Hills
Drive Tassajara Hills BLDG-2021-00186 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0130-093-00 7115 Lembert Hills
Drive Tassajara Hills BLDG-2021-00187 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0125-035-00 7332 Lembert Hills
Court Tassajara Hills BLDG-2021-00234 SFD O 0 1 2/23/2021 1 0 N Y 0 985-0125-036-00 7350 Lembert Hills
Court Tassajara Hills BLDG-2021-00235 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-037-00 7358 Lembert Hills
Court Tassajara Hills BLDG-2021-00236 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-038-00 7366 Lembert Hills
Court Tassajara Hills BLDG-2021-00237 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-039-00 7378 Lembert Hills
Court Tassajara Hills BLDG-2021-00239 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-040-00 7390 Lembert Hills
Court Tassajara Hills BLDG-2021-00240 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-041-00 7397 Lembert Hills
Court Tassajara Hills BLDG-2021-00241 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-042-00 7389 Lembert Hills
Court Tassajara Hills BLDG-2021-00242 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-043-00 7381 Lembert Hills
Court Tassajara Hills BLDG-2021-00243 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-044-00 7373 Lembert Hills
Court Tassajara Hills BLDG-2021-00244 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-045-00 7365 Lembert Hills
Court Tassajara Hills BLGD-2021-00245 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-046-00 7353 Lembert Hills
Court Tassajara Hills BLDG-2021-00246 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-047-00 7339 Lembert Hills
Court Tassajara Hills BLDG-2021-00247 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0125-048-00 7331 Lembert Hills
Court Tassajara Hills BLDG-2021-00248 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0123-008-00 7335 Colton Hills
Court Tassajara Hills BLDG-2021-00254 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0123-003-00 7351 Colton Hills
Court Tassajara Hills BLDG-2021-00255 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0123-010-00 7355 Colton Hills
Court Tassajara Hills BLDG-2021-00256 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0123-011-00 7359 Colton Hills
Court Tassajara Hills BLDG-2021-00257 SFD O 0 1 3/3/2021 1 0 N Y 0 985-0130-096-00 7155 Lembert Hills
Drive Tassajara Hills BLDG-2021-00460 SFD O 0 1 5/7/2021 1 0 N Y 0 985-0123-016-00 7379 Colton Hills
Drive Tassajara Hills BLDG-2021-00576 SFD O 0 1 4/23/2021 1 0 N Y 0 Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier (CCR Title 25 §6202)
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
352
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Density Bonus 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
985-0123-017-00 7383 Colton Hills
Drive Tassajara Hills BLDG-2021-00577 SFD O 0 1 4/23/2021 1 0 N Y 0 985-0123-018-00 7387 Colton Hills
Drive Tassajara Hills BLDG-2021-00578 SFD O 0 1 4/23/2021 1 0 N Y 0 986-0064-002-00 6127 Amethyst
Street
Boulevard - Melrose
N20 BLDG-2021-01205 SFD O 0 1 7/21/2021 1 0 N Y 0
986-0064-003-00 5973 Ruby Place Boulevard - Melrose
N20 BLDG-2021-01207 SFD O 0 1 7/21/2021 1 0 N Y 0
986-0064-003-00 5977 Ruby Place Boulevard - Melrose
N20 BLDG-2021-01207 SFD O 0 1 7/21/2021 1 0 N Y 0
986-0064-003-00 5979 Ruby Place Boulevard - Melrose
N20 BLDG-2021-01208 SFD O 0 1 7/21/2021 1 0 N Y 0
986-0064-003-00 5978 Ruby Place Boulevard - Melrose
N20 BLDG-2021-01212 SFD O 0 1 7/21/2021 1 0 N Y 0
986-0064-003-00 5976 Ruby Place Boulevard - Melrose
N20 BLDG-2021-01213 SFD O 0 1 7/21/2021 1 0 N Y 0
986-0064-002-00 6100 Amethyst
Street
Boulevard - Melrose
N20 BLDG-2021-01686 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-003-00 6012 Basaltina
Place
Boulevard - Melrose
N20 BLDG-2021-01687 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-003-00 6016 Basaltina
Place
Boulevard - Melrose
N20 BLDG-2021-01688 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-003-00 6018 Basaltina
Place
Boulevard - Melrose
N20 BLDG-2021-01690 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-003-00 6017 Basaltina
Place
Boulevard - Melrose
N20 BLDG-2021-01691 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-003-00 6015 Basaltina
Place
Boulevard - Melrose
N20 BLDG-2021-01692 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-003-00 6013 Basaltina
Place
Boulevard - Melrose
N20 BLDG-2021-01693 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-003-00 6011 Basaltina
Place
Boulevard - Melrose
N20 BLDG-2021-01694 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0064-002-00 6126 Amethyst
Street
Boulevard - Melrose
N20 BLDG-2021-01695 SFD O 0 1 9/28/2021 1 0 N Y 0
986-0073-001-00 6118 ROMEO ST LOMBARD @
BOULEVARD N24 BLDG-2021-01826 SFD O 0 1 10/19/2021 1 0 N Y 0 986-0073-001-00 6112 ROMEO ST LOMBARD @
BOULEVARD N24 BLDG-2021-01827 SFD O 0 1 10/19/2021 1 0 N Y 0 986-0068-001-00 6005 MARBLE ST VENICE @
BOULEVARD N19 BLDG-2021-01872 SFD O 0 1 10/19/2021 1 0 N Y 0 986-0068-001-00 6001 MARBLE ST VENICE @
BOULEVARD N19 BLDG-2021-01873 SFD O 0 1 10/19/2021 1 0 N Y 0 986-0073-001-00 5589 HORIZON
PKWY
VENICE @
BOULEVARD N19 BLDG-2021-01876 SFD O 0 1 10/19/2021 1 0 N Y 0 986-0073-001-00 5771 SILHOUETTE
CT
LOMBARD @
BOULEVARD N24 BLDG-2021-02029 SFD O 0 1 11/12/2021 1 0 N Y 0 986-0073-001-00 5765 SILHOUETTE
CT
LOMBARD @
BOULEVARD N24 BLDG-2021-02031 SFD O 0 1 11/12/2021 1 0 N Y 0 986-0073-001-00 5759 SILHOUETTE
CT
LOMBARD @
BOULEVARD N24 BLDG-2021-02032 SFD O 0 1 11/12/2021 1 0 N Y 0 986-0073-001-00 5753 SILHOUETTE
CT
LOMBARD @
BOULEVARD N24 BLDG-2021-02033 SFD O 0 1 11/12/2021 1 0 N Y 0 986-0064-002-00 6152 AMETHYST
ST
MELROSE @
BOULEVARD N20 BLDG-2021-02094 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6030 GRAPHITE
PL
MELROSE @
BOULEVARD N20 BLDG-2021-02095 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6032 GRAPHITE
PL
MELROSE @
BOULEVARD N20 BLDG-2021-02096 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6036 GRAPHITE
PL
MELROSE @
BOULEVARD N20 BLDG-2021-02097 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6039 GRAPHITE
PL
MELROSE @
BOULEVARD N20 BLDG-2021-02098 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6037 GRAPHITE
PL
MELROSE @
BOULEVARD N20 BLDG-2021-02099 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6035 GRAPHITE
PL
MELROSE @
BOULEVARD N20 BLDG-2021-02100 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6031 GRAPHITE
PL
MELROSE @
BOULEVARD N20 BLDG-2021-02101 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0064-002-00 6178 AMETHYST
ST
MELROSE @
BOULEVARD N20 BLDG-2021-02105 SFD O 0 1 12/1/2021 1 0 N Y 0 986-0073-001-00 5607 HORIZON
PKWY
VENICE @
BOULEVARD N19 BLDG-2021-02166 SFD O 0 1 11/23/2021 1 0 N Y 0 986-0068-001-00 6002 MARBLE ST VENICE @
BOULEVARD N19 BLDG-2021-02167 SFD O 0 1 11/23/2021 1 0 N Y 0 986-0068-001-00 6006 MARBLE ST VENICE @
BOULEVARD N19 BLDG-2021-02168 SFD O 0 1 11/23/2021 1 0 N Y 0 986-0068-001-00
5622

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02170 SFD O
0 1 11/23/2021 1 0 N Y 0
986-0068-001-00
5628

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02171 SFD O
0 1 11/23/2021 1 0 N Y 0
986-0068-001-00 5623 HORIZON
PKWY
VENICE @
BOULEVARD N19 BLDG-2021-02173 SFD O 0 1 11/23/2021 1 0 N Y 0 986-0068-001-00 5635 HORIZON
PKWY
VENICE @
BOULEVARD N19 BLDG-2021-02174 SFD O 0 1 11/23/2021 1 0 N Y 0 986-0068-001-00
5630

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02175 SFD O
0 1 11/23/2021 1 0 N Y 0
986-0068-001-00
5638

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02177 SFD O
0 1 11/23/2021 1 0 N Y 0
986-0068-001-00
5652

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02355 SFD O
0 1 12/30/2021 1 0 N Y 0
986-0068-001-00
5656

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02356 SFD O
0 1 12/30/2021 1 0 N Y 0
986-0068-001-00
5660

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02357 SFD O
0 1 12/30/2021 1 0 N Y 0
986-0068-001-00
5651

METROPOLITAN
WAY
VENICE @
BOULEVARD N19 BLDG-2021-02362 SFD O
0 1 12/30/2021 1 0 N Y 0
986-0068-001-00 6065 BULLION LN VENICE @
BOULEVARD N19 BLDG-2021-02364 SFD O 0 1 12/30/2021 1 0 N Y 0 985-0130-065-00 2722 LAHONTAN
WAY Tassajara Hills BLDG-2020-00123 SFD O 0 2/13/2020 0 1 6/2/2021 1 N Y 0 985-0130-064-00 2736 LAHONTAN
WAY Tassajara Hills BLDG-2020-00122 SFD O 0 2/13/2020 0 1 5/21/2021 1 N Y 0 985-0130-047-00 2737 LAHONTAN
WAY Tassajara Hills BLDG-2020-00969 SFD O 0 9/4/2020 0 1 6/2/2021 1 N Y 0 985-0130-048-00 2745 LAHONTAN
WAY Tassajara Hills BLDG-2020-00970 SFD O 0 9/4/2020 0 1 5/18/2021 1 N Y 0 985-0130-063-00 2748 LAHONTAN
WAY Tassajara Hills BLDG-2020-00121 SFD O 0 2/13/2020 0 1 5/13/2021 1 N Y 0 985-0130-062-00 2752 LAHONTAN
WAY Tassajara Hills BLDG-2020-00120 SFD O 0 2/13/2020 0 1 5/10/2021 1 N Y 0 985-0130-049-00 2753 LAHONTAN
WAY Tassajara Hills BLDG-2020-00971 SFD O 0 9/4/2020 0 1 5/18/2021 1 N Y 0 985-0130-050-00 2759 LAHONTAN
WAY Tassajara Hills BLDG-2020-00972 SFD O 0 9/4/2020 0 1 4/26/2021 1 N Y 0 985-0130-061-00 2762 LAHONTAN
WAY Tassajara Hills BLDG-2020-00119 SFD O 0 2/13/2020 0 1 4/22/2021 1 N Y 0 985-0130-051-00 2763 LAHONTAN
WAY Tassajara Hills BLDG-2020-00973 SFD O 0 9/4/2020 0 1 4/26/2021 1 N Y 0 985-0130-052-00 2769 LAHONTAN
WAY Tassajara Hills BLDG-2020-00074 SFD O 0 1/31/2020 0 1 2/1/2021 1 N Y 0 986-0071-013-00 2777 LAHONTAN
WAY Tassajara Hills BLDG-2020-00075 SFD O 0 1/31/2020 0 1 2/3/2021 1 N Y 0 985-0126-143-00 2880 DELAMAR
DR Tassajara Hills BLDG-2020-01315 SFD O 0 10/1/2020 0 1 7/23/2021 1 N Y 0 985-0126-118-00 2881 DELAMAR
DR Tassajara Hills BLDG-2020-00978 SFD O 0 9/4/2020 0 1 6/28/2021 1 N Y 0 985-0126-142-00 2888 DELAMAR
DR Tassajara Hills BLDG-2020-01313 SFD O 0 10/1/2020 0 1 7/22/2021 1 N Y 0 985-0126-119-00 2889 DELAMAR
DR Tassajara Hills BLDG-2020-00979 SFD O 0 9/4/2020 0 1 6/17/2021 1 N Y 0 985-0126-141-00 2892 DELAMAR
DR Tassajara Hills BLDG-2020-01312 SFD O 0 10/1/2020 0 1 7/9/2021 1 N Y 0 985-0126-120-00 2897 DELAMAR
DR Tassajara Hills BLDG-2020-00980 SFD O 0 9/4/2020 0 1 7/9/2021 1 N Y 0 985-0126-121-00 2905 DELAMAR
DR Tassajara Hills BLDG-2020-00981 SFD O 0 9/4/2020 0 1 6/28/2021 1 N Y 0 985-0126-140-00 2906 DELAMAR
DR Tassajara Hills BLDG-2020-01311 SFD O 0 10/1/2020 0 1 7/15/2021 1 N Y 0 985-0126-139-00 2912 DELAMAR
DR Tassajara Hills BLDG-2020-01310 SFD O 0 10/1/2020 0 1 6/23/2021 1 N Y 0 985-0126-122-00 2913 DELAMAR
DR Tassajara Hills BLDG-2020-00982 SFD O 0 9/4/2020 0 1 6/16/2021 1 N Y 0 985-0126-123-00 2921 DELAMAR
DR Tassajara Hills BLDG-2020-00983 SFD O 0 9/4/2020 0 1 6/8/2021 1 N Y 0 986-0071-035-00 5606 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01411 SFD O 0 11/4/2020 0 1 12/22/2021 1 N Y 0 986-0071-034-00 5612 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01408 SFD O 0 11/4/2020 0 1 12/22/2021 1 N Y 0 986-0071-040-00 5615 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01418 SFD O 0 11/4/2020 0 1 12/28/2021 1 N Y 0 986-0071-041-00 5621 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01419 SFD O 0 11/4/2020 0 1 12/28/2021 1 N Y 0 986-0071-042-00 5623 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01420 SFD O 0 11/4/2020 0 1 12/17/2021 1 N Y 0 986-0071-013-00 5625 BEALE PL MULHOLLAND 2 @
BLVD N18 BLDG-2020-00318 SFD O 0 8/4/2020 0 1 9/22/2021 1 N Y 0 986-0071-012-00 5628 BEALE PL MULHOLLAND 2 @
BLVD N18 BLDG-2020-00317 SFD O 0 8/4/2020 0 1 9/22/2021 1 N Y 0 986-0071-014-00 5629 BEALE PL MULHOLLAND 2 @
BLVD N18 BLDG-2020-00319 SFD O 0 8/4/2020 0 1 9/16/2021 1 N Y 0 986-0071-032-00 5630 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01000 SFD O 0 10/22/2020 0 1 12/20/2021 1 N Y 0 986-0071-011-00 5632 BEALE PL MULHOLLAND 2 @
BLVD N18 BLDG-2020-00316 SFD O 0 8/4/2020 0 1 9/22/2021 1 N Y 0 986-0071-043-00 5635 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01004 SFD O 0 10/22/2020 0 1 12/16/2021 1 N Y 0 986-0071-031-00 5636 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-00999 SFD O 0 10/22/2020 0 1 12/7/2021 1 N Y 0 986-0071-015-00 5637 BEALE PL MULHOLLAND 2 @
BLVD N18 BLDG-2020-00320 SFD O 0 8/4/2020 0 1 7/26/2021 1 N Y 0 986-0071-010-00 5638 BEALE PL MULHOLLAND 2 @
BLVD N18 BLDG-2020-00315 SFD O 0 8/4/2020 0 1 7/28/2021 1 N Y 0 986-0071-044-00 5639 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01005 SFD O 0 10/22/2020 0 1 12/28/2021 1 N Y 0 986-0071-016-00 5643 BEALE PL MULHOLLAND 2 @
BLVD N18 BLDG-2020-00321 SFD O 0 8/4/2020 0 1 7/26/2021 1 N Y 0 986-0071-030-00 5648 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-00997 SFD O 0 10/22/2020 0 1 11/24/2021 1 N Y 0 986-0071-017-00 5649 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00489 SFD O 0 8/19/2020 0 1 6/24/2021 1 N Y 0 986-0071-029-00 5652 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01404 SFD O 0 10/15/2020 0 1 12/8/2021 1 N Y 0 986-0071-018-00 5655 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00490 SFD O 0 8/19/2020 0 1 6/24/2021 1 N Y 0 986-0071-028-00 5658 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01403 SFD O 0 10/15/2020 0 1 10/26/2021 1 N Y 0 986-0071-019-00 5661 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00491 SFD O 0 8/19/2020 0 1 6/24/2021 1 N Y 0 986-0071-047-00 5661 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01405 SFD O 0 10/15/2020 0 1 10/27/2021 1 N Y 0 986-0071-027-00 5662 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01402 SFD O 0 10/15/2020 0 1 10/18/2021 1 N Y 0 353
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Density Bonus 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
986-0071-020-00 5667 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00492 SFD O 0 8/19/2020 0 1 6/24/2021 1 N Y 0 986-0071-021-00 5673 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00493 SFD O 0 8/19/2020 0 1 5/20/2021 1 N Y 0 986-0071-048-00 5673 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01406 SFD O 0 10/15/2020 0 1 10/27/2021 1 N Y 0 986-0071-022-00 5679 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00494 SFD O 0 8/19/2020 0 1 5/18/2021 1 N Y 0 986-0071-026-00 5680 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01401 SFD O 0 10/15/2020 0 1 10/26/2021 1 N Y 0 986-0071-023-00 5687 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00495 SFD O 0 8/19/2020 0 1 5/24/2021 1 N Y 0 986-0071-024-00 5695 BEALE AVE MULHOLLAND 2 @
BLVD N18 BLDG-2020-00496 SFD O 0 8/19/2020 0 1 5/18/2021 1 N Y 0 986-0071-025-00 5696 FALLBROOK
CT
MULHOLLAND 2 @
BLVD N18 BLDG-2020-01400 SFD O 0 10/15/2020 0 1 10/18/2021 1 N Y 0 986-0057-039-00 5768 HUNTLEY
AVE
HUNTINGTON N-4
@ THE BOULEVARD BLDG-2017-02220 SFD O
0 12/7/2017 0 1 2/23/2021 1 N Y 0
986-0057-113-00 5801 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00631 SFD O 0 8/4/2020 0 1 9/13/2021 1 N Y 0 986-0057-112-00 5807 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00630 SFD O 0 8/4/2020 0 1 8/26/2021 1 N Y 0 986-0057-111-00 5813 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00629 SFD O 0 8/4/2020 0 1 8/23/2021 1 N Y 0 986-0057-110-00 5819 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00628 SFD O 0 8/4/2020 0 1 8/6/2021 1 N Y 0 986-0057-126-00 5821 CORBIN ST HUNTINGTON N17
@ BOULEVARD BLDG-2020-00194 SFD O 0 2/10/2020 0 1 2/23/2021 1 N Y 0 986-0057-118-00 5822 HUNTLEY
AVE
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00514 SFD O 0 6/26/2020 0 1 5/26/2021 1 N Y 0 986-0057-109-00 5825 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00627 SFD O 0 8/4/2020 0 1 7/28/2021 1 N Y 0 986-0057-119-00 5828 HUNTLEY
AVE
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00515 SFD O 0 6/26/2020 0 1 5/26/2021 1 N Y 0 986-0057-120-00 5832 HUNTLEY
AVE
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00508 SFD O 0 6/26/2020 0 1 6/1/2021 1 N Y 0 986-0057-108-00 5833 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00626 SFD O 0 8/4/2020 0 1 7/29/2021 1 N Y 0 986-0057-107-00 5837 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00625 SFD O 0 8/4/2020 0 1 7/23/2021 1 N Y 0 986-0057-121-00 5838 HUNTLEY
AVE
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00509 SFD O 0 6/26/2020 0 1 5/27/2021 1 N Y 0 986-0057-106-00 5853 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00624 SFD O 0 8/4/2020 0 1 7/9/2021 1 N Y 0 986-0057-105-00 5859 COLUMBUS
ST
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00623 SFD O 0 8/4/2020 0 1 7/9/2021 1 N Y 0 986-0057-117-00 5865 EL DORADO
LN
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00513 SFD O 0 6/26/2020 0 1 4/29/2021 1 N Y 0 986-0057-116-00 5871 EL DORADO
LN
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00512 SFD O 0 6/26/2020 0 1 5/26/2021 1 N Y 0 986-0057-115-00 5877 EL DORADO
LN
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00511 SFD O 0 6/26/2020 0 1 4/29/2021 1 N Y 0 986-0057-114-00 5883 EL DORADO
LN
HUNTINGTON N17
@ BOULEVARD BLDG-2020-00510 SFD O 0 6/26/2020 0 1 4/20/2021 1 N Y 0 986-0060-118-00 5899

GREENBURG RD
NEWBURY @ THE
BOULEVARD BLDG-2020-00712 SFD O 0 8/10/2020 0 1 4/2/2021 1 N Y 0 986-0071-009-00 5937 ABBOTT ST MULHOLLAND 2 @
BLVD N18 BLDG-2020-00314 SFD O 0 8/4/2020 0 1 7/26/2021 1 N Y 0 985-0130-070-00 7195 LEMBERT
HILLS DR Tassajara Hills BLDG-2020-00105 SFD O 0 1/31/2020 0 1 2/16/2021 1 N Y 0 985-0130-046-00 7202 LEMBERT
HILLS DR Tassajara Hills BLDG-2020-00104 SFD O 0 1/31/2020 0 1 2/10/2021 1 N Y 0 985-0130-071-00 7203 LEMBERT
HILLS DR Tassajara Hills BLDG-2020-00106 SFD O 0 1/31/2020 0 1 3/18/2021 1 N Y 0 985-0130-045-00 7206 LEMBERT
HILLS DR Tassajara Hills BLDG-2020-00103 SFD O 0 1/31/2020 0 1 2/18/2021 1 N Y 0 985-0130-072-00 7207 LEMBERT
HILLS DR Tassajara Hills BLDG-2020-00107 SFD O 0 1/31/2020 0 1 1/20/2021 1 N Y 0 985-0124-003-00 7210 LEMBERT
HILLS DR Tassajara Hills BLDG-2020-00101 SFD O 0 1/31/2020 0 1 1/20/2021 1 N Y 0 985-0123-022-00 7360 ROSAMOND
HILLS CT Tassajara Hills BLDG-2020-00186 SFD O 0 7/7/2020 0 1 2/4/2021 1 N Y 0 985-0123-023-00 7368 ROSAMOND
HILLS CT Tassajara Hills BLDG-2020-00187 SFD O 0 7/7/2020 0 1 1/27/2021 1 N Y 0 985-0123-024-00 7372 ROSAMOND
HILLS CT Tassajara Hills BLDG-2020-00188 SFD O 0 7/7/2020 0 1 2/9/2021 1 N Y 0 985-0123-025-00 7380 ROSAMOND
HILLS CT Tassajara Hills BLDG-2020-00182 SFD O 0 7/7/2020 0 1 2/19/2021 1 N Y 0 985-0123-026-00 7386 ROSAMOND
HILLS CT Tassajara Hills BLDG-2020-00183 SFD O 0 7/7/2020 0 1 2/26/2021 1 N Y 0 985-0123-027-00 7392 ROSAMOND
HILLS CT Tassajara Hills BLDG-2020-00184 SFD O 0 7/7/2020 0 1 3/12/2021 1 N Y 0 985-0123-028-00 7398 ROSAMOND
HILLS CT Tassajara Hills BLDG-2020-00185 SFD O 0 7/7/2020 0 1 3/8/2021 1 N Y 0 985-0123-021-00 7399 COLTON
HILLS DR Tassajara Hills BLDG-2020-01042 SFD O 0 9/4/2020 0 1 4/30/2021 1 N Y 0 986-0051-015-00 4431 PINE
MOUNTAIN WAY ADU BLDG-2020-00649 ADU R 0 1 3/8/2021 1 0 N Y 0 941-0165-034-00 8599 DEERVALE
RD ADU BLDG-2020-00666 ADU R 0 1 4/28/2021 1 0 N Y 0
941-2833-054-00 7618 RIDGELINE
DR ADU BLDG-2020-01667 ADU R 0 1 2/8/2021 1 0 N Y 0
941-0171-070-00 7698 SUNWOOD
DR ADU BLDG-2020-01949 ADU R 0 1 4/26/2021 1 0 N Y 0
985-0130-096-00 3216
COLEBROOK LN ADU BLDG-2020-02066 ADU R 0 1 5/24/2021 1 0 N Y 0 941-2757-009-00 8797 AUGUSTA CT ADU BLDG-2021-00675 ADU R 0 1 8/23/2021 1 0 N Y 0 941-0184-034-00 7548 ASHFORD
WAY ADU BLDG-2021-01167 ADU R 0 1 12/20/2021 1 0 N Y 0
941-0172-041-00 7972 OXBOW CT ADU BLDG-2019-00094 ADU R 0 6/25/2019 0 1 6/4/2021 1 N Y 0 941-0180-088-00 7304 LIMERICK
CT ADU BLDG-2019-02083 ADU R 0 9/21/2020 0 1 7/14/2021 1 N Y 0 941-0170-084-00 7723 IRONWOOD
DR ADU BLDG-2020-00590 ADU R 0 11/13/2020 0 1 11/9/2021 1 N Y 0 985-0126-112-00 2823 DELAMAR
DR Tassajara Hills BLDG-2020-01781 ADU R 0 1 1/12/2021 1 1 10/25/2021 1 N Y INC 55 0 985-0126-115-00 2851 DELAMAR
DR Tassajara Hills BLDG-2020-01785 ADU R 0 1 1/12/2021 1 1 9/7/2021 1 N Y INC 55 0 985-0126-145-00 2866 DELAMAR
DR Tassajara Hills BLDG-2020-01790 ADU R 0 1 1/12/2021 1 1 8/18/2021 1 N Y INC 55 0 985-0126-147-00 2850 DELAMAR
DR Tassajara Hills BLDG-2020-01794 ADU R 0 1 1/12/2021 1 1 9/13/2021 1 N Y INC 55 0 985-0126-149-00 2830 DELAMAR
DR Tassajara Hills BLDG-2020-01796 ADU R 0 1 1/12/2021 1 1 10/14/2021 1 N Y INC 55 0 985-0126-150-00 2826 DELAMAR
DR Tassajara Hills BLDG-2020-01797 ADU R 0 1 1/12/2021 1 1 10/22/2021 1 N Y INC 55 0 985-0123-003-00 7305 COLTON
HILLS DR Tassajara Hills BLDG-2021-00060 ADU R 0 1 2/3/2021 1 0 N Y INC 55 0 985-0130-096-00 7139 LEMBERT
HILLS DR Tassajara Hills BLDG-2021-00075 ADU R 0 1 2/3/2021 1 0 N Y INC 55 0 985-0125-051-00 7299 LEMBERT
HILLS DR Tassajara Hills BLDG-2021-00160 ADU R 0 1 2/23/2021 1 0 N Y INC 55 0 985-0130-088-00 7116 LEMBERT
HILLS DR Tassajara Hills BLDG-2021-00182 ADU R 0 1 2/23/2021 1 0 N Y INC 55 0 985-0125-038-00 7366 LEMBERT
HILLS CT Tassajara Hills BLDG-2021-00237 ADU R 0 1 3/3/2021 1 0 N Y INC 55 0 985-0125-039-00 7378 LEMBERT
HILLS CT Tassajara Hills BLDG-2021-00239 ADU R 0 1 3/3/2021 1 0 N Y INC 55 0 985-0125-041-00 7397 LEMBERT
HILLS CT Tassajara Hills BLDG-2021-00241 ADU R 0 1 3/3/2021 1 0 N Y INC 55 0 985-0126-119-00 2889 DELAMAR
DR Tassajara Hills BLDG-2020-00979 ADU R 0 9/4/2020 0 1 6/17/2021 1 N Y INC 55 0 985-0125-051-00 2906 DELAMAR
DR Tassajara Hills BLDG-2020-01311 ADU R 0 10/1/2020 0 1 7/15/2021 1 N Y INC 55 0 941-1500-035-01 6501 Golden Gate
Drive
Amador Station
(Bridge Housing) PLPA-2021-00019 MH R 134 162 4 7/21/2021 300 0 0 N Y DB 55 0 0.0% 0 Other Yes 905-0002-002-00 4038 Croak Road East Ranch (Croak
Project) PLPA-2020-00028 MH R 50 18 555 3/1/2021 623 0 0 N Y INC 55 0 941-1500-025-00 6541-6543
Regional Street
Regional Street
(Eden Housing) PLPA-2021-00035 MH O 112 1 8/23/2021 113 0 0 N Y DB 55 0 0.0% 0 Other Yes 354
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted 26 - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted 39 - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - 17 8 27 13 - - Non-Deed Restricted 4 2 8 - - - - - - Above Moderate 618 839 612 1,187 770 233 473 764 - - 4,878 - 2,285
908 614 1,195 787 241 500 777 - - 5,022 1,523 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 407
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 346
26 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
79 Moderate
796
446
425
Please contact HCD if your data is different than the material supplied here 39 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
770
355
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
356
Jurisdiction Dublin
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Housing
Rehabilitation
Assistance
Continue to support the Alameda
County Community Development
Agency to implement the Minor and
Major Improvement Programs (including
accessibility grants) with the goal of
assisting 32 households over eight
years.
2015-2023
Minor home rehabilitation grants and home improvement loan assistance are available to low-income households through existing Alameda County programs. Alameda County Healthy Homes Department Minor Home Rehabilitation Program provides grants up to $3,000 to low-income homeowners for minor plumbing, carpentry, and electrical repairs and can be used for railings, grab bars, toilets, water heaters, doors, locks, and more. Renew Alameda County is a home improvement loan asistance program for low-income homeowners, which aims to help keep existing homeowners in their homes and maintain existing housing stock in a safe, liveable condition.

On November 7, 2020, the City Council approved the Dublin Home Rehabilitation Program to provide supplemental assistance to homeowners that may have received a grant or loan through the County's programs and need additional funding assistance or were turned down because they were not able to meet all of the County's criteria. No grants were approved in 2021.

Following is a summary of grants and loans that were provided throughout the current Housing Element cycle:
2021:

Minor Home Repair Grants-4
Renew Alameda County-0
Total:

Minor Home Repair Grants-22 ($42,707.76)
Accessibility Improvement Grants-2 ($9,301.50)
Exterior Paint Grants-0
Housing Rehabilitation Loans-1 ($39,500)
Renew Alameda County-0
Total-21 ($91,509.26)
Objective: 32
Program 2: Housing
Choice Voucher Rental
Assistance
Continue to support the assistance of
350 lower income households each year
throughout the planning period.
2015-2023
The Alameda County Housing Authority provided Housing Choice Vouchers to 407 households who rented in Dublin in 2021.

Program 2: Housing
Choice Voucher Rental
Assistance
Continue to refer interested households
and homeowners to the Housing
Authority of the County of Alameda.
2015-2023
The City continues to refer interested households and homeowners to the Alameda County Housing Authority for program information and application procedures. In addition, the City provided information on developments within the City that accept Housing Choice Vouchers in the Tri-Valley Area Affordable Rental Housing Flyer listing Dublin rental communities. With the new requirements under AB 1482, the City has posted notices at City Offices and updated contact information on its website for tenants’ rental assistance resources.

The City was recently allocated $176,277 in CDBG CARES Act funds for rental assistance to 40 households, which is being administered by the City.

Program 3: Code
Enforcement
Continue to enforce local ordinances
relating to property maintenance and
substandard housing both proactively
and on a complaint basis.
2015-2023
There are two areas of Code Enforcement: Planning Code Enforcement and Building Code Enforcement. Planning Code Enforcement enforces violations of the Dublin Municipal Code Property Maintenance and Graffiti Ordinances, as well as the Zoning Ordinance. Common property maintenance violations include weeds, inoperable vehicles, junk and debris, deteriorated paint, dilapidated fences, overgrown/dead vegetation, attractive nuisances, and graffiti. Property maintenance violations are enforced proactively and on a complaint basis. Building Code Enforcement actively patrols City streets enforcing Building Code Violations, such as contractors or homeowners working without required building permits. In addition, Building Code Enforcement responds to anonymous callers, concerned citizens, and other contractors reporting any activity connected to illegal construction. Enforcement officers spend time educating the public on the importance of obtaining required building permits.

Program 3: Code
Enforcement
Conduct approximately 2,000 residential
inspections during the planning period. 2015-2023
The following residential inspections were conducted (these numbers are based on the number of new open residential code enforcement cases):
2021:

Planning CE-104
Building CE-46
Total-150
Total:

Planning CE-1,368
Building CE-417
Total-1,785
Objective: 2,000
Remaining: 215
Program 3: Code
Enforcement
Perform annual review of City
ordinances. Annual
The 2021 annual review of City ordinances did not result in and changes pertaining to property maintenance and substandard housing.

Program 4: Condominium
Conversion Ordinance Monitor conversion activities annually. Annual There were no residential condominium conversions during Calendar Year 2021.

Program 5: Mixed Use
Development
Facilitate the construction of 100 high-
density residential units within mixed-
use developments within the planning
period.
2015-2023
In 2021, the City approved the Amador Station project, which consists of 300 affordable residential units in two separate buildings, ground-floor retail, amenity space, and parking. No building permits or certificates of occupancy were issued for high-density residential units within mixed-use developments in 2021.

Program 6: Affordable
Housing Developers
Negotiate a specific incentives package
or each project, with increased
incentives for projects that include units
for extremely low income households
and persons with disabilities.
2015-2023
The City issued Planning entitlements for three notable projects in 2021: the 573-unit East Ranch project, which includes 68 affordable units; the 300-unit Amador Station (Bridge Housing) affoordable project; and the 113-unit Regional Street (Eden Housing) affordable project. Combined the three projects include a total of 481 affordable units.

The East Ranch project also includes the dedication of a two-acre Public/Semi-Public site for a future affordable housing project. Preliminarily, this site would provide 77 units of very low/low-income affordable rental housing.

Program 6: Affordable
Housing Developers
Provide application/technical assistance
as needed. Timing of applications or
technical assistance will depend on
application deadlines for funding
sources.
2015-2023
The City joined California Community Housing Agency (CalCHA) and California Statewide Community Development Authority (CSCDA). These joint powers authorities issue bonds to acquire properties for the production, preservation, and protection of essential middle-income rental housing. Three properties in Dublin were acquired through this program in 2021, including the 313-unit Aster project, the 390-unit Waterford Place Apartments, and the 324-unit Fountains at Emerald Park, which have resulted in conversion of 76 units that are now affordable to households earning no more than 80 percent AMI, 55 units affordable to households earning no more than 100 percent AMI, and 40 units affordable to households earning no more than 120 percent AMI.

Program 6: Affordable
Housing Developers
Provide assistance to affordable
housing developers within the planning
period to facilitate the construction of
100 affordable housing units with the
goal of achieving 20 affordable units for
extremely low income households
and/or persons with special needs
(including persons with
disabilities/developmental disabilities).
2015-2023
On December 1, 2020, the City Council authorized the City Manager to negotiate and prepare a Purchase and Sale Agreement for the transfer of approximately one-acre of property in the East Dublin Transit Center, located at the southeast corner of Iron Horse Parkway and Martinelli Drive, commonly known as Site D-1, from the Surplus Property Authority of Alameda County to the City of Dublin, or its designee, for as an affordable housing development. Once the property has transfer, Staff will work with an affordable housing developer to facilitate development of the site.

Program 6: Affordable
Housing Developers
Annually contact developers to discuss
affordable housing opportunities. 2015-2023
In 2021, the City met with several affordable housing developers to discuss potential affordable housing development projects and opportunities in Dublin on both publicly and privately-owned properties. In addition, the City approved two multi-family projects with affordable housing, as discussed above.

Program 7: Density
Bonuses
Review and, as necessary, revise the
Density Bonus Ordinance to ensure
compliance with State law within two
years of adoption of the 2015-2023
Housing Element.
11/1/2016
Completed. In November 2019, the City Council adopted Ordinance No. 14-19, amending the Density Bonus Regulations (Chapter 8.52) of the Dublin Municipal Code to comply with State law. No further amendments in 2020.

Program 7: Density
Bonuses
Continue to implement the Density
Bonus Ordinance and provide
information on the Ordinance to
developers and other interested parties.
2015-2023
The City continues to implement the Density Bonus Ordinance and provide information to developers and other interested parties.

Program 7: Density
Bonuses
Provide information on the City's
affordable housing incentives, such as
density bonus and fee deferment or
amortization, on the City's website by
mid-2015.
mid-2015
The City provides information on the City's affordable housing incentives at:
http://www.dublin.ca.gov > Government > Departments > Community Development > Housing > Affordable Housing Development Information Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Housing Element Implementation
(CCR Title 25 §6202)
357
Program 8: Inclusionary
Zoning
Facilitate the construction of 100
affordable housing units either through
direct construction or through the
Inclusionary Housing In-Lieu Fund
within the planning period.
2015-2023
As noted above, the City approved the 300-unit Amador Station project, which will be built in two phases. Phase I will include 136 units affordable to households earning an average of no more than 43 percent area median income (AMI) (excluding two manager’s units) and Phase II of Amador Station will include 164 units affordable at a minimum to moderate-income households (excluding two manager’s units). In addition, the City approved the Regional Street Senior Affordable project, which will include 113 units affordable to households earning no more than 60 percent AMI, with 30 percent of the units affordable to households earning no more than 30 percent AMI (excluding one manager’s unit). Both projects are receiving financial support from the City. On April 20, 2021, the City committed $7.1 million from the City’s Housing Fund and $2.9 million in Alameda County Measure A-1 Bond funds to Phase 1 of the Amador Station project, and the City committed $5 million in Measure A-1 bond funds and facilitated the site acquisition at low cost (valued at $5 million) for the Regional Street Senior Affordable project. The 573-unit East Ranch project will include 18 units affordable to households earning no more than 120 percent AMI, 50 ADUs affordable to households earning no more than 80 percent AMI, and the dedication of a two-acre Public/Semi-Public site for a future affordable housing project. Preliminarily, this site would provide 77 units of very low/low-income affordable rental housing.

Additionally, the City issued building permits for 13 affordable ADUs in 2021. The City has exceeded the goal of 100 affordable units.

Program 9: Commercial
Linkage Fee
Facilitate the construction of 50
affordable housing units within the
planning period (10 extremely low/very
low, 15 low, and 25 moderate income
units).
2015-2023
Commercial Linkage Fees are collected from developers upon issuance of building permits for commercial development and are placed in the City’s Affordable Housing Fund along with in-lieu fees collected from developers for residential development.

Program 9: Commercial Linkage Fees
2015:

Commercial Linkage-$45,830.00
2016:

Commercial Linkage-$3,462.00
2017:

Commercial Linkage-$359,928.47
2018:

Commercial Linkage-$11,878.78
2019:

Commercial Linkage-$191,696.96
2020:

Commercial Linkage-0
2021:

Commercial Linkage-$71,467.83
Total:

Commercial Linkage-$684,264.04
Program 9: Commercial
Linkage Fee
Assist 5 moderate income households
with first-time homebuyer loans. 2015-2023
In 2021, the City issued one new First Time Homebuyer Loan Program loan for $40,000 to a special education teacher who purchased a moderate-income condominium. The loan has a 30-year term.

Program 9: Commercial
Linkage Fee
Provide funding towards
homeownership training and foreclosure
prevention services, rental assistance
programs, and the Alameda County
Homeless Management Information
System.
2015-2023
Homeowner education for Dublin residents is available with periodic free trainings from ECHO Housing, serving Alameda County with a grant from the US Department of Housing and Urban Development. Foreclosure prevention services are available from Alameda County's AC Secure Program, funded by Measure A-1. The City continued to support the Alameda County Homeless Management Information System (HMIS) through the Affordable Housing Fund. HMIS is managed by EveryOne Home, a community based organization formed in 2007 under the fiscal sponsorship of the Tides Center. EveryOne Home manages the County’s in-house HMIS in the collection and reporting of the homeless count and other data collection. First Time Hombuyer Loans:
2015:

Moderate Income Loans-0
2016:

Moderate Income Loans-1
2017:

Moderate Income Loans-0
2018:

Moderate Income Loans-1
2019:

Moderate Income Loans-2
2020:

Moderate Income Loans-0
2021:

Moderate Income Loans-1
Total:

Moderate Income Loans-5Program 10: Housing Type
and Size Variations
Require that developers provide a
diversity of housing type and size on a
case-by-case basis to meet the City’s
housing needs throughout the planning
period.
2015-2023
The City's General Plan, various Specific Plans, and the Planned Development zoning process facilitate diversity of housing types and sizes to meet the City's housing needs.

Program 11: First-Time
Homebuyer Programs
Assist 20 income-qualified first-time
homebuyers during the planning period.

Strive to provide assistance to
approximately 10 above moderate
income and 10 moderate income
households.
2015-2023
The City issued the following First-Time Homebuyer Loans:
2021:

Moderate-1
Above Moderate-0
Total-1
Total:

Moderate-5
Above Moderate-0
Objective:

Moderate-10
Above Moderate-10
Total-20
Remaining:

Moderate-4
Above Moderate-10
Total-15
Program 11: First-Time
Homebuyer Programs
Continue to distribute FTHLP application
packets at the Civic Center, City
website, and locations that provide
housing services.
2015-2023
Information regarding the City's First-Time Homebuyer Loan Program is available at the Civic Center and through local housing service organizations. The City also provides information on the FTHLP on the City's website at:
http://www.dublin.ca.gov > Government > Departments > Community Development > Housing > First Time Homebuyer Loan Program Additionally, the City website provides information on other homebuyer assistance programs, such as the City's below market rate (BMR) homeownership program, Mortgage Credit Certificates (administered for the City of Dublin by Alameda County), and California Housing Finance Agency (CalHFA) loan programs. Information on these programs is available at:
http://www.dublin.ca.gov > Government > Departments > Community Development > Housing Program 12: Second
Dwelling Units
Market this program through an
informational brochure. The brochure
will be available on the City website and
at the Civic Center, library, senior center
and other public locations.
2015-2023
In 2021, the City issued building permits for 13 ADUs that are deed restricted as for moderate-income households.

The City Council took a number of actions to address barriers to development of ADUs and junior ADUs (JADUs) and to facilitate their production in 2021. On December 7, 2021, the City amended the Master Fee Schedule to waive certain City permitting fees for ADUs applied for between January 1, 2022, and December 31, 2026. Permit fees are waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed restricted as lower-income units for a period of 55 years.

To further incentivize and streamline the construction of ADUs, the City is working with RRM Design Group to finalize eight ADU prototype plan models, with a range of sizes and architectural styles. Additionally, the City is finalizing an ADU Manual to guide applicants through the process of constructing an ADU.

The City recently launchad a new webpage for Accessory Dwelling Units, which is a one-stop-shop for ADU resources, regulations, and requirements. The website is available at:
https://dublin.ca.gov/2428/Accessory-Dwelling-Units
Program 12: Second
Dwelling Units
Facilitate the construction of 30 second
dwelling units within the planning
period.
2015-2023
Following is a summary of building permits issued for affordable ADUs during the current Housng Element cycle:
2021:

Affordable ADUs-13
Total:

Affordable Units-78
Objective: 30
358
Program 13: Homeless
Assistance
Continue to fund emergency shelter
programs in the Tri-Valley area to house
residents in need of emergency shelter.

Annually evaluate the homeless service
needs as part of the Community
Support Grants program, with the
objective of assisting an average of 300
persons per year.
2015-2023
The City continues to provide financial support to a number of local organizations that provide services and assistance to homeless people through the Community Support Grants program and other funding sources, including:
- Tri-Valley Haven’s Homeless and Family Support Services program offers assistance to Dublin residents through Sojourner House (a family homeless shelter) and their Food Pantry.
- Eden Information and Referral's 2-1-1 service provides information and referrals. They also serve as the Alameda County first point of contact of Coordinated Entry System (CES) screenings and referrals.
- CityServe of the Tri-Valley offers assistance for crisis-intervention and homelessness prevention.

Program 13: Homeless
Assistance
Continue to participate in regional
collaborations to address
homelessness.
2015-2023
The City continues to participate in regional efforts to address homelessness. In 2019, the City signed agreements with the cities of Livermore and Pleasanton and Alameda Couty to pool Homeless Emergency Aid Program (HEAP) funds in order for CityServe to enhance their homeless outreach and services throughout the region. For the 2020- 2021 contract, the City of Dublin contributed $34,976.50.

Program 14: Tri-Valley
Affordable Housing
Committee
Participate in at least one affordable
housing fair annually throughout the
planning period.
2015-2023
The City participates in quarterly meetings of the Tri-Valley Affordable Housing Committee. Committee meetings featured presentations from housing-related organizations and facilitated the exchange of information and ideas among participating jurisdictions. The City is also a member of the East Bay Housing Organization and promotes Affordable Housing Week activities in April. The City also participates with the Tri-Valley Anti-Poverty Collaborative.

Program 15: Residential
Sites Inventory
Monitor housing development on an
ongoing basis to ensure that the sites
identified in the Residential Sites
Inventory are developed at densities
appropriate for fulfilling the City's RHNA
and identify additional sites as
necessary.

Annual
The City monitors housing development annually to ensure adequate sites remain available to meet the RHNA obligation.

Program 15: Residential
Sites Inventory
Annually evaluate the land availability to
meet the remaining RHNA. Ensure
adequate capacity exists to
accommodate the RHNA of 2,285 units
(796 very low, 446 low, 425 moderate,
and 618 above moderate units).

Annual
The City evaluates land availability annually to ensure adequate sites remain available to meet the RHNA obligation. The City has met its above market rate RHNA requirements as of 2017.

Program 16: Fee
Deferment or Amortization
Continue to offer the deferment or
amortization of fees as an option to
interested parties.
2015-2023
The City continues to offer deferment or amortization of fees as an option to interested parties.

Program 16: Fee
Deferment or Amortization
Provide information on the City's
affordable housing incentives, such as
density bonus and fee deferment or
amortization, on the City's website by
mid-2015.
mid-2015
Information regarding the City's affordable housing incentives is available on the City's website at:
http://www.dublin.ca.gov/1798/Affordable-Housing-Development-Informati Program 17: Universal
Design
Ordinance
Continue to make the brochure and
other related information available on
the City's website and at the public
counter.
2015-2023
Information regarding the City's Universal Design Ordinance is available on the City's website at:
https://dublin.ca.gov/DocumentCenter/View/59/Universal-Design-Check-List?bidId= Program 18: Emergency
Shelters and Supportive
and Transitional Housing
Review and amend, if necessary, the
Emergency Shelters Ordinance within
two years of the adoption of the 2015-
2023 Housing Element.
11/1/2016
Completed. In 2019, Planning Division staff reviewed the emergency shelters provisions of the Zoning Ordinance to ensure compliance with State law and determined no amendments were necessary.

Program 18: Emergency
Shelters and Supportive
and Transitional Housing
Review and amend, if necessary, the
transitional and supportive housing
provisions of the Zoning Ordinance
within two years of adoption of the 2015-
2023 Housing Element.
11/1/2016
Completed. In 2019, Planning Division staff reviewed the transitional and supportive housing provisions of the Zoning Ordinance to ensure compliance with State law and determined no amendments were necessary.

Program 19: Monitor
Development Fees
Monitor development fees to ensure
they are reasonable and do not unduly
contrain development, while protecting
the quality, health, and public safety of
the community.
2015-2023
On December 7, 2021, the City amended the Master Fee Schedule to waive certain City permit fees for ADUs applied for between January 1, 2022, and December 31, 2026.

Permit fees are waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed restricted as lower-income units for a period of 55 years.

On December 21, 2021, the City Council adopted Resolution No. 144-21, revising the Eastern Dublin Traffic Impact Fee for future development within the Eastern Dublin Area, renaming the program as the Eastern Dublin Transportation Impact Fee, and updating the Consolidated Impact Fee Administrative Guidelines.

Program 20: Equal
Housing Opportunity
Provide referrals to appropriate
agencies for services. 2015-2023
The City continues to provide referrals to appropriate agencies for fair housing services through direct communication with residents (in person at the counter, via email, and over the phone) and information on the City website. The City’s website includes links to Eden Council for Hope and Opportunity (ECHO), the State of California Consumer Affairs Office booklet “California Tenants: Guide to Residential Tenants and Landlord's Rights and Responsibilities,” and the “Tri-Valley Human Services Pocket Guide.” The City, through Alameda County, contracts with ECHO to provide fair housing services to Dublin residents.

Program 20: Equal
Housing Opportunity
Distribute fair housing information to
public locations.
2015-2023 Fair housing information continues to be available to the public on the City’s website, and in the form of pamphlets and brochures at the public counter.

Program 20: Equal
Housing Opportunity Post information on the City website. 2015-2023 Fair housing information is available to the public on the City’s website (http://www.dublin.ca.gov/216/Resources-Reference-Materials). The website includes links to Eden Council for Hope and Opportunity (ECHO) and to the State of California Consumer Affairs Office booklet “California Tenants: Guide to Residential Tenants and Landlord's Rights and Responsibilities.”
Program 20: Equal
Housing Opportunity
Distribute information to real estate
agents, rental property
owners/managers, and financial
institutions in Dublin.
2015-2013
Real estate agents, rental property owners/managers and financial institutions are directed to the City’s website for fair housing information or are referred to outside agencies, as appropriate. Throughout the year, Housing Staff meets with developers, real estate agents, and landlords to discuss the City's housing programs, which may include information on the 211 County-wide social services hotline and ECHO's services. In addition, information is distributed to property managers during the annual rental monitoring site visits.

Program 20: Equal
Housing Opportunity
Participate in Alameda County’s
Impediments to Fair Housing Study
through the CDBG program.
2015-2023
The City participated in the update of Alameda County's Impediments to Fair Housing Study through the Urban County HOME Consortium, which was adopted in January 2020.

Program 21: Green
Building Guidelines
Continue to implement the provisions of
the Green Building Ordinance. 2015-2023
The City continues to implement the Green Building Ordinance.

Program 21: Green
Building Guidelines
Continue to update brochures that
describe program requirements and
make them available to any interested
parties and continue to provide Green
Building resources on the City's
website.
2015-2023
The City continues to update brochures as needed and make them available on the City's website.

Program 21: Green
Building Guidelines
Implement applicable Waste
Management and Building Code
regulations, provide Green Building
training to City staff, and distribute
energy conservation information to the
public.
2015-2023
In September 2020, the City Council adopted the Climate Action Plan 2030 and Beyond (CAP 2.0), establishing the next phase of climate action planning and implementation.

Strategies of CAP 2.0 include 100 percent renewable and carbon-free electricity, building efficiency and electrification, sustainable mobility and land use, materials and waste management, and municipal leadership measures. CAP 2.0 establishes the City’s commitment to reducing greenhouse gas (GHG) emissions and strive for carbon neutrality by 2045.

The City continues to require covered projects (including construction, demolition, and renovation projects with total costs of $100,000 or greater) to submit a Waste Management Plan to meet the City’s Construction and Debris Ordinance, which was adopted in 2008 and amended in 2014. The regulations require the diversion of at least 65 percent for remodels and 75 percent for new construction of construction waste away from landfills.

In 2021, Building & Safety Division Staff received training on zero net energy homes, solar photovoltaic and energy storage systems, SolarAPP+, and energy code.

Additionally, the City continues to work with StopWaste, the Bay Area Regional Energy Network (BayREN), and East Bay Energy Watch to provide energy conservation to the public via workshops and direct outreach. The City also promoted the new SB 1383 requirements to divert 75 percent of solid waste from the landfill by 2025 (based on 2014 levels) and divert 25 percent of food waste from the landfill.

Notably, the City transitioned all residential electrical accounts to East Bay Community Energy's Renewable 100 plan, which offers 100percent renewable and carbon-free electricity, effective January 1, 2022.

Finally, the City continues to offer subsidized permit fees for the installation of solar roof panels for a variety of projects throughout the City of Dublin. 359
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
360
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
76 76 The City joined California Community Housing Agency (CalCHA) and California Statewide Community
Development Authority (CSCDA). These joint powers
authorities issue bonds to acquire properties for the
production, preservation, and protection of essential middle- income rental housing. Three properties in Dublin were
acquired through this program in 2021, including the 313- unit Aster project, the 390-unit Waterford Place
Apartments, and the 324-unit Fountains at Emerald Park, which have resulted in conversion of 76 units that are now affordable to households earning no nore than 80 percent AMI, 55 units affordable to households earning no more
than 100 percent AMI, and 40 units affordable to
households earning no more than 120 percent AMI.

Acquisition of Units
Mobilehome Park Preservation
Total Units by Income 76 76
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
361
Jurisdiction Dublin
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
362
Jurisdiction Dublin
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
For Alameda County jurisdictions, please format the APN's as follows:999A-9999-999-99 363
Jurisdiction Dublin
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 13
Non-Deed Restricted 0
764
777
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 108 106
2 to 4 0 8 16
5+ 0 641 110
ADU 0 20 11
MH 1036 0 0
Total 1036 777 243
4 1,038
1,036
0 0
0 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
364
Jurisdiction Dublin
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Project Initiation $15,000.00 $0.00 None
Analyze Regional Housing Needs
Assessment $60,000.00 $0.00 Other SB 2, REAP
Community Engagement $47,500.00 $0.00 Other SB 2
Draft Housing Element $52,500.00 $0.00 None
General Plan Amendments $50,000.00 $0.00 Other SB 2
CEQA Compliance $35,000.00 $0.00 None
Public Hearings $25,000.00 $0.00 None
Final Housing Element $15,000.00 $0.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 246
Non-Deed Restricted 0
Deed Restricted 50
Non-Deed Restricted 0
Deed Restricted 180
Non-Deed Restricted 0
560
1036
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 13
Non-Deed Restricted 0
764
777
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 2
Non-Deed Restricted 0
241
243
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
In Progress
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
300,000.00$
Task Status
Completed
In Progress
365

STAFF REPORT

CITY COUNCIL

Agenda Item 4.9
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Fiscal Year 2021-22 2nd Quarter Financial Review Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY:

The City Council will receive a financial report through the second quarter for Fiscal Year 2021-22 and consider amendments to the Fiscal Year 2021-22 Budget via a budget change.

STAFF RECOMMENDATION:

Receive the report and approve the budget change.

FINANCIAL IMPACT:

Approval of the budget change will result in a net increase to the General Fund revenue budget of $6,317,443 and a net increase in the General Fund expenditure budget of $1,503,030, for a net increase in General Fund reserves of $4,814,413. The City is projected to be in an operating surplus position of $17,006,920 in Fiscal Year 2021-22. Total General Fund reserves are projected at $209,116,308 by June 30, 2022.

This report also contains various budget changes in other funds requiring City Council approval.

DESCRIPTION:

The purpose of this report is to update the City Council on the status of the Fiscal Year 2021-22 General Fund Amended Budget and projected reserves. As a reminder, the Amended Budget includes budget amendments already approved by the City Council since July 1, as well as carry- over budgets from the prior year. The Budget Change Form (Attachment 4) lists all new amendments needing approval in the General Fund as well as in other funds. 366

Overview
Staff presented the Fiscal Year 2021-22 Budget in June 2021, when the economy was just beginning a recovery from the COVID-19 pandemic and related shutdowns. As the speed and level of recovery was uncertain at the time, Staff used conservative assumptions for the City’s major revenue categories. The majority of the budget changes below realign those conservative assumptions with actual receipts through December.

General Fund Changes
Table 1 below reflects the proposed changes to revenues and expenditures in this mid-year report and their impacts on total City reserves, followed by a discussion of the changes.

Table 1: Revenue and Expenditure Changes
Category Revenues Expenditures Net Impact
Property Tax $1,000,000 $1,000,000
Sales Tax 3,300,000 3,300,000
Transient Occupancy Tax 250,000 250,000
Parks & Recreation Programs 945,543 668,930 276,613
One-time Revenues 50,000 50,000
Development Services 771,900 363,000 408,900
Contract Services 471,100 (471,100)
Total Impact on GF Reserves $6,317,443 $1,503,030 $4,814,413 Property Tax Revenue – increase of $1,000,000
While the pandemic delayed home and property sales in the 2020 calendar year, it did not significantly impact the growth most communities experienced in 2021. New construction continued even through shortages in building supplies in the second half of the year. Increased home prices (23% higher than the previous year) are being driven by fewer properties being offered for sale and the lower interest rates for home loans.

Sales Tax Revenue – increase of $3,300,000
The City continues to experience strong sales tax revenue growth in Fiscal Year 2021-22, particularly in the Autos and Transportation and Consumer Goods categories. Auto sales prices increased for both new and used cars, and many consumers traded up for luxury vehicles. Growth in the Consumer Goods category reflected a return to in-store shopping, especially in retail apparel and specialty stores. Additionally, the City’s share of the countywide use tax pool allocations (e-commerce) remains strong.

Transient Occupancy Tax (TOT) Revenue – increase of $250,000 As the hotel industry begun a slow return to pre-pandemic levels during this fiscal year, the City is starting to see recovery in TOT (hotel tax) revenues that will continue into next year. 367

Parks and Community Services (PCS) Programs – net revenue increase of $276,613 The Fiscal Year 2021-22 Budget assumed the resumption of all programs in the fall of 2021 with modifications in place according to health guidelines related to reduced class and group sizes.

With the guidelines relaxing, PCS revenues are projected to be $945,543 higher than budgeted, partially offset by an increase in related expenditures by $668,930 for contracted services.

Additionally, the City will incur one-time repair costs ($204,567) for damaged equipment at The Wave; the majority of which will be reimbursed through the City’s insurance. Proposed budget adjustments also reflect increases in facility, field, and sports court rentals, as well as an increase in program enrollments.

One-Time Revenues – increase of $50,000
The budget for one-time revenues is being adjusted for the receipt of a community benefit payment from the Avalon Bay project for pedestrian access improvements to BART.

Development Services – net revenue increase of $408,900 Due to a shift in the timing of various projects, development revenues are expected to increase $771,900 from the budget, offset by an increase of $363,000 in related expenditures.

Contract Services Expenditures – net increase of $471,100 Contract Services costs are increasing as the net result of the following:
o Public Works’ use of consulting services for 1) a workspace planning study; 2) increased traffic signal repair and maintenance costs; 3) consulting services for grant application assistance (total +$311,100).
o Additional vehicle repair and maintenance for police vehicles (+$75,000). o Consulting services and repair costs for Senior Center property damaged by a third party. These costs will be reimbursed by insurance (+$85,000).

General Fund Reserves and Transfers Out
After incorporating all adjustments, total reserves are projected to slightly decrease by $648,187 from prior year, as illustrated in Table 2 below.

Table 2: General Fund Reserve Changes
FY 2020-21
Actual
FY 2021-22
Adopted
FY 2021-22
Amended*
New FY 2021-22
Amended*
Total Reserves, Beg of Year $190,649,224 $209,764,495 $209,764,495 $209,764,495 Revenues 103,200,620 98,397,780 98,753,604 105,071,047
Expenditures (74,121,779) (83,917,877) (86,561,097) (88,064,127) Net Operating Budget Impact $29,078,842 $14,479,903 $12,192,507 $17,006,920 Transfers In 273,623 56,600 191,116 191,116
Unrealized Gain/Loss (3,936,480)
Transfers Out/Contrib. to Other (6,300,714) (6,038,550) (17,846,223) (17,846,223) Total Reserves, End of Year $209,764,495 $218,262,448 $204,301,895 $209,116,308 368

* Includes $2.0M and $12.5M budget carryover from FY 20-21 for operating and CIP programs The City has $17,846,223 budgeted in transfers out of the General Fund, the majority of which ($13,959,854) are covered by Committed and Assigned Reserves. Table 3 summarizes General Fund Transfers Out by reserve category.

Table 3: Summary of General Fund Transfers Out
Type
FY 2020-21
Actual
FY 2021-22
Adopted
FY 2021-22
Amended
New FY 2021-
22 Amended
CIP Specific - Assigned/Committed $4,352,208 $2,404,645 $11,224,744 $11,224,744 CIP Carryovers - Assigned 2,735,111 $2,735,111
CIP - Undesignated 948,506 1,633,905 1,886,369 1,886,369 Contribution to ISF 1,000,000 1,000,000 1,000,000 1,000,000 Contribution to PERS 1,000,000 1,000,000 1,000,000
Total Transfers Out $6,300,714 $6,038,550 $17,846,223 $17,846,223 A listing of changes to specific reserves is provided as Attachment 2 (General Fund Reserves Summary). A detailed list of transfers out of the General Fund is provided as Attachment 3.

Non-General Fund Items
In addition to the changes to the General Fund, there are various budget amendments in other funds that require City Council approval, to do the following:
 Decrease Public Facilities Fee Fund revenue by $261,000 to reconcile with project timelines (these revenues were collected in the prior fiscal year).  Increase Traffic Impact Fee Fund revenue by $1,027,000 to reconcile with project timelines.  Increase Dublin Crossing Fund revenue by $3,350,000 to reconcile with project timelines.  Increase State Seizure/Special Activity Fund revenue by $74,000 for the City's adjudicated share of State seizure funds; and increase the budget by $30,000 for the procurement of equipment to assist police investigations.
 Increase State Grant - Park Fund revenue by $271,600 for the grant reimbursement for Imagine Playground - Dublin Sports Ground.
 Increase Affordable Housing Fund revenue by $5,000,000 for the repayment of the acquisition cost of the Regional Street site.
 Decrease American Rescue Plan Act Fund expenditures by $766,025 due to not filling City positions and staffing of the Dublin Police Service Behavioral Health Unit for a part of the fiscal year. This budget reduction is rolled over and accounted for in the Fiscal Year 2022-23 budget.

Non-budgetary Administrative Items
 Ratify the purchase of two police vehicles made by the City Manager under a time constraint due to the major supply chain issues caused by the pandemic. 369

STRATEGIC PLAN INITIATIVE:

Strategy 2: Explore New City Revenue Streams for Long Term Financial Stability Objective 2D: Continue to maintain strong fiscal policies.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) General Fund Summary Q2 FY 2021-22
2) General Fund Reserves Q2 FY2021-22
3) General Fund Transfers Out Q2 FY 2021-22
4) Budget Change Q2 FY 2021-22
370
Attachment 1GENERAL FUND SUMMARY - Q2 FY 2021-22
Actual
2020-21
Adopted
2021-22
Amended
2021-22

Q2
Adjustment
New Amended
2021-22
Revenues
Property Tax $53,007,086 $52,763,000 $52,763,000 $1,000,000 $53,763,000 Sales Tax 24,860,469 22,528,000 22,528,000 3,300,000 $25,828,000 Sales Tax Reimbursements (219,445) (610,000) (610,000) ($610,000) Development Revenue 7,391,926 7,721,318 8,044,983 771,900 $8,816,883 Transient Occupancy Tax 743,962 750,000 750,000 250,000 $1,000,000 Other Taxes 6,441,357 5,732,706 5,732,706 $5,732,706
Licenses & Permits 334,852 313,434 313,434 $313,434
Fines & Penalties 75,394 107,432 107,432 $107,432
Interest Earnings 2,809,671 1,200,000 1,200,000 $1,200,000 Rentals and Leases 822,841 1,020,768 1,020,768 434,825 $1,455,593 Intergovernmental 300,618 285,000 285,000 $285,000
Charges for Services 4,794,938 5,268,891 5,268,891 510,718 $5,779,609 Other Revenue 1,836,951 1,317,231 1,349,390 50,000 $1,399,390 Subtotal Revenues - Operating $103,200,620 $98,397,780 $98,753,604 $6,317,443 $105,071,047 Transfers In $273,623 $56,600 $191,116 191,116
Unrealized Gains/Losses (3,936,480) -
Total Revenues $99,537,763 $98,454,380 $98,944,720 $6,317,443 $105,262,163 Expenditures
Salaries & Wages $10,666,813 $12,772,606 $12,772,606 $12,772,606 Benefits 4,754,632 5,372,420 5,372,420 - $5,372,420 Services & Supplies 2,782,316 4,110,511 4,351,749 160,000 $4,511,749 Internal Service Fund Charges 3,685,246 3,907,323 3,907,323 - $3,907,323 Utilities 2,399,088 3,045,467 3,045,467 - $3,045,467 Contracted Services 49,039,885 54,367,888 55,383,221 1,296,230 $56,679,451 Capital Outlay 639,176 118,677 529,605 46,800 $576,405 Debt Service Payment - 975,720 - $975,720 Contingency & Miscellaneous 154,622 222,985 222,985 - $222,985 Subtotal Expenditures - Operating $74,121,779 $83,917,877 $86,561,097 $1,503,030 $88,064,127 Operating Impact (REV-EXP) $29,078,842 $14,479,903 $12,192,507 $4,814,413 $17,006,920 Transfer Outs & Contributions to Other Funds
Transfers Out (CIPs) - Com./Assig. Reserve (1)
4,352,208 2,404,645 11,224,744 - 11,224,744 Transfers Out (CIPs) - Undesignated (1)
$948,506 1,633,905 4,621,480 - $4,621,480 Contribution to OPEB/PERS 1,000,000 1,000,000 - 1,000,000 Contribution to ISF 1,000,000 1,000,000 1,000,000 - 1,000,000 Subtotal - Transfers Out & Contributions (2)6,300,714 6,038,550 17,846,223 - 17,846,223 Total Expenditures $80,422,492 $89,956,427 $104,407,320 $1,503,030 $105,910,350 GF Impact (Include CIP & Transfers) $19,115,271 $8,497,953 ($5,462,600) $4,814,413 ($648,187) TOTAL GENERAL FUND BALANCE $209,764,495 $218,262,448 $204,301,895 $209,116,308 Contracted Services Detail
Actual
2020-21
Adopted
2021-22
Amended
2021-22

Q2
Adjustment
New Amended
2021-22
Police Services (3)
$20,731,301 $22,294,777 $21,788,548 $21,788,548
Fire Services (3)
13,846,016 14,609,570 14,609,570 $14,609,570 Maintenance Services (MCE) 5,344,843 5,933,838 5,933,838 $5,933,838 Development (CDD and PW) 3,059,578 4,107,935 4,646,552 363,000 $5,009,552 Other Contracted Services 6,058,148 7,421,768 8,404,714 933,230 $9,337,944 Total Contracted Services $49,039,885 $54,367,888 $55,383,221 $1,296,230 $56,679,451 (1) Amended budget for operating expenditures includes $2,027,817 carryover from FY 20-21 (3) Police and Fire liability insurance amounts are not included above, they are included in Services & Supplies. (2) Amended Budget for Transfers Out to CIP includes $12,517,349 carryover from FY 20-21 and reduction of General Fund contribution for the Citywide Energy Improvement project 371
Attachment 2GENERAL FUND RESERVES SUMMARY- Q2 FY 2021-22

RESERVE DESCRIPTION
Actual
2020-21
Increase
2021-22
Decrease
2021-22
Net
Change
Projected
2021-22
Non-Spendable $13,266 $13,266
Prepaid Expenses 13,266 13,266
Restricted $4,493,314 $4,493,314
Cemetery Endowment 60,000 60,000
Developer Contr - Downtown 1,490,000 1,490,000
Developer Contr - Heritage Pk 19,000 19,000
Developer Contr - Nature Pk 60,000 60,000
Section 115 Trust - Pension 2,114,314 2,114,314
Heritage Park Maintenance 750,000 750,000
Committed $70,694,542 ($16,634,077) ($16,634,077) $54,060,465 Advance to Public Facility Fee 9,857,639 (7,074,270) (7,074,270) 2,783,369 Downtown Public Impr 13,000,000 (200,000) (200,000) 12,800,000 Economic Development 53,319 (53,319) (53,319) 0
Economic Stability 8,000,000 8,000,000
Emergency Communications 532,113 532,113
Fire Svcs Pension/OPEB 5,671,094 5,671,094
Innovations & New Opport 1,031,719 (137,220) (137,220) 894,498 One-Time Initiative - Capital 4,966,110 (1,476,078) (1,476,078) 3,490,032 One-Time Initiative - Operating 503,860 503,860
Public Safety Reserve 2,600,000 2,600,000
Specific Committed Reserves
Cemetery Expansion (CIP) 1,173,549 (1,173,549) (1,173,549) Contribution to Public Facility Fee 6,000,000 6,000,000 Cultural Arts Center 4,539,197 (4,364,197) (4,364,197) 175,000 Don Biddle Park (CIP) 2,100,000 (2,100,000) (2,100,000) Fallon Sports Park III Contingency 3,110,500 3,110,500
Lease Revenue Bond Payment 4,000,000 4,000,000
Maintenance Facility (CIP) 55,443 (55,443) (55,443)
Utility Undergrounding (CIP) 3,500,000 3,500,000
Assigned $66,743,520 ($1,810,019) ($1,810,019) $64,933,502 Accrued Leave 1,296,514 1,296,514
Catastrophic Loss 17,710,320 17,710,320
CIP Carryovers 2,735,111 2,735,111
Fiscally Responsible Adj 325,000 325,000
Municipal Regional Permit 2,212,931 (418,403) (418,403) 1,794,528 Non-Streets CIP Commitments 2,366,100 (93,600) (93,600) 2,272,500 Operating Carryovers 1,882,745 1,882,745
Parks and Streets Contingency 201,270 201,270
Pension & OPEB 16,000,000 16,000,000
Relocate Parks Dept 500,000 500,000
Service Continuity 3,150,000 3,150,000
Specific Assigned Reserves
Climate Action Plan 3,000,000 3,000,000
Contribution to ISF 1,500,000 1,500,000
Façade Improvement Grants 374,157 374,157
HVAC Replace. & Civic Ctr Improv. (CIP) 3,337,009 (1,145,652) (1,145,652) 2,191,357 Public Safety Complex (CIP) 152,363 (152,363) (152,363) Village Pkwy Pavemt Recon 10,000,000 10,000,000
Unassigned $67,819,852 $18,444,095 ($648,187) $17,795,908 $85,615,761 Unassigned-Unrealized Gains 4,516,760 4,516,760
Unassigned (Available) 63,303,092 81,099,001
TOTAL RESERVES $209,764,495 $18,444,095 ($19,092,282) ($648,187) $209,116,308 372
Attachment 3
GENERAL FUND TRANSFERS OUT/CONTRIBUTIONS - Q2 FY 2021-22 Project
2021-22
Adopted
2021-22
Amended
Committed/
Assigned
Reserve*
CIPS
Alamo Creek Pk and Assessment Dist. Fence Replacement $450,000 $450,000 Annual Street Resurfacing 67,957
Audio Visual System Upgrade 44,020 108,783 City Entrance Monument Signs $200,000 $485,000 $200,000 Citywide Bicycle & Pedestrian Improvements 108,000 263,642 Citywide Energy Improvements 115,780 217,420 Citywide Signal Comm. Upgrade 1,420,149 1,420,149 Civic Center HVAC and Roof Replacement 22,602 22,602 Civic Center Rehabilitation 1,123,050 1,123,050 1,123,050 Cultural Arts Center 4,364,197 4,364,197
Don Biddle Community Park 2,100,000 2,100,000 Downtown Dublin Street Grid Network 60,210 198,550 Downtown Dublin Town Square Park 29,505 97,525 Dublin Blvd Extension 123,000
Dublin Heritage Park Cemetery Phase 1,173,549 1,173,549 EV Charging Stations 137,220 137,220
Financial System Replacement 1,479,831
Green Stormwater Infrastructure 310,855 382,570 382,570 IT Infrastructure Improvement 93,600 93,600 Maintenance Yard Facility Improve 55,443 55,443 Police Services Building 152,363 152,363 Resiliency and Disaster Preparedness Improvements 681,010 Restrooms Replacement 916,120 1,000,000 San Ramon Road Landscape Renovation 238,660
San Ramon Road Trail Improvements 91,113
Subtotal - Transfers Out to CIPS $4,038,550 $15,846,223 $11,224,744 Other Contributions
Contribution to OPEB/PERS 1,000,000 1,000,000 Contribution to ISF 1,000,000 1,000,000
Subtotal - Other Contributions $2,000,000 $2,000,000
Total General Fund Transfers Out/Contributions $6,038,550 $17,846,223 * Does not include CIP carryovers from prior year not funded by specific Committed/ Assigned Reserve, but set aside in Assigned - CIP Carryovers
373
Attachment 4
Budget Change Reference #:

From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
1001.0000.42101 (Sales Tax) $3,300,000
1001.0000.41101 (Property Tax) $1,000,000
1001.0000.42301 (TOT) $250,000
1001.8102.44231 (Building Permits) $300,000
1001.xxxx. 46200 (PCS - Multiple Programs - Facility Rentals) $434,825 1001.xxxx. 48000 (PCS - Multiple Programs - Charge for Svcs) $510,718 1009.8101.48911 (Zoning) $471,900
1005.0000.49151 (Community Benefit Payments) $50,000
Special Revenue Funds
2101.0000.49131 (State Seizure/Special Activity Fund) $74,000 2403.0000.47261 (State Grant - Park) $271,600
2901.0000.49141 (Affordable Housing Fund) $5,000,000
Impact Fee Funds - Developer Contributions
4103.0000.49161 (PFF -Community Park Improvements) ($125,000) 4104.0000.49161 (PFF - Neighborhood Park Improvements) ($87,000) 4107.0000.49161 (PFF - Civic Center) ($49,000)
4304.0000.49161 (TIF - Western Dublin) $540,000
4306.0000.49161 (TIF - TVTD) $347,000
4311.0000.49161 (Dublin Crossing TIF) $140,000
4401.0000.49161 (Dublin Crossing Fund) $3,350,000
1001.1402.61301 (Insurance - Repairs) $85,000
1001.2111.61309 (Police Support - Vehicle Repair) $75,000 1001.8301.64001 (Public Works - Contract Services) $211,100 1001.8301.65101 (Public Works - Professional Services) $100,000 Consulting services for Public Works 1) workspace planning study, 2) increase in traffic signal repair and maintenance cost, 3) Bridge and Structure Asset Assessment and
Inspection - Phase 2
Higher than anticipated rentals and additional fields and courts available for rent
Community benefit payment for Avalon Bay project
Adjustment of development project timing
Adjustment for fee credit exhausted, developer paid fees instead
City's adjudicated share of State seizure fund
Grant reimbursement for Imagine Playground - Dublin
Sports Ground
Repayment of acquisition cost for the Regional Street site increase in enrollments of recreation programs
Increase due to reimbursement of costs for SCS Dublin
EIR, with offset increase in expenditure
Consulting services for grant application assistance
General Fund
Consulting services and repair cost for Senior Center
property damage by a third party. Cost will be reimbursed by insurance

REVENUES
Increase due to aging fleet

CITY OF DUBLIN
FISCAL YEAR 2021-22

BUDGET CHANGE FORM
City Council's Approval Required

OPERATING EXPENDITURES
General Fund
Increase in taxes based on consultant's updated projections Increase due to change of timeline of development projects Higher than anticipated revenues
374
Attachment 4
Budget Change Reference #:

FISCAL YEAR 2021-22

BUDGET CHANGE FORM
1001.xxxx.64005 (PCS - Bldg Maintenance) $220,456
1001.xxxx.64000 (PCS - Contract Services) $401,674
1001.xxxx.64000 (PCS - Capital Outlay) $46,800
1009.8101.65106 (Community Dev. - Professional Services Reimbursable)
$363,000
Special Revenue Funds
2907.1201.51101 (ARPA Fund - Salaries) ($320,833)
2907.2108.64021 (ARPA Fund - Contract Personnel) ($445,191) 2101.2111.71102 (State Asset Seizure Fund - Equipment Exp) $30,000 3/15/2022
Posted By: Date:

Increase in profession services reimbursable expense for SCS Dublin EIR
Purchase of cabana and Square equipment
Program contract services.
**********Finance Use Only**********
As Presented at the City Council Meeting
Custodial services for use of DUSD facilities and increase in maintenance cost due to increase in rental, offset by increase in revenues. $204,567 is for waterslide repairs at The Wave due to vandalism, the cost will be reimbursed by insurance
Utilization of asset seizure fund to procure equipment for police investigation
Unfilled Management Analyst for full FY and Special
Projects Manager for 7 months
Unfilled DPS Behavioral Health Unit for 8 months
375

STAFF REPORT

CITY COUNCIL

Agenda Item 4.10
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Waterslide Repairs at The Wave
Prepared by: Andrea Dwyer, Recreation Manager
EXECUTIVE SUMMARY:

The City Council will consider approving an agreement with Safe Slide Restoration for waterslide repairs at The Wave without conducting a formal public bid process.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement with Safe Slide Restoration for Waterslide Repairs at The Wave Without Conducting a Formal Public Bid Process.

FINANCIAL IMPACT:

The cost of the repairs is estimated at $185,970. Staff has included a 10% contingency in the Agreement, should it be necessary. Total potential costs of $204,567 have been included in the Second Quarter Financial Review on tonight’s agenda. Staff expects the costs will be reimbursed by insurance less the City’s $5,000 deductible.

DESCRIPTION:

In December 2021, vandals caused extensive damage to eight waterslides at The Wave, causing scrapes, chips, and deep cracks in the fiberglass along the entire length of the slides. The severity of the damage requires professionals in the aquatic amusement ride industry to sand the waterslides, repair the fiberglass, provide a new application of gelcoat to all skid areas, caulk all seams and joints, provide a chemical wash, and buff the equipment.

To have items addressed for the Occupational Safety and Health Administration (OSHA) inspection, features need to be repaired in the areas identified to safely open for the 2022 summer season.
376

The Wave has a current agreement with East Bay Pool Service Inc., however, the repairs are outside of the scope of the contract and they require a certified composite technician provided by amusement ride professionals that East Bay Pool Service Inc. does not have on staff.

Staff secured quotes from two qualified companies, Safe Slide Restoration (SSR) and Whitewater West Industries, with SSR submitting the lowest proposal that can be completed in the City’s desired timeframe. SSR visited the site, surveyed the damage, and has guaranteed repairs will be completed prior to May 1, 2022. This allows time to schedule the annual OSHA inspection and successfully open The Wave on Memorial Day weekend.

Conducting a public bidding process for the waterslide repair would cause a delay in the work necessary to open The Wave by the Memorial Day weekend. As such, and in a well-recognized exception in Common Law to the competitive bidding requirement for public entities, where the nature of a contract or project is such that competitive proposals would be unavailing or would not produce an advantage, thereby rendering any advertisement for competitive bidding undesirable, impractical or impossible (see Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635; 164 Cal. Rptr. 56, 58), Staff is recommending that City Council approve the Agreement with SSR without such public bidding process.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement with Safe Slide Restoration for Waterslide Repairs at The Wave Without Conducting a Formal Public Bid Process
2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Safe Slide Restoration
377
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 03/15/2022 Page 1 of 3 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT WITH SAFE SLIDE RESTORATION FOR

WATERSLIDE REPAIRS AT THE WAVE WITHOUT CONDUCTING A FORMAL PUBLIC BID

PROCESS
WHEREAS, in December 2021, the waterslides at The Wave were vandalized resulting in extensive damage to the waterslides including scrapes, chips, and deep cracks in the fiberglass; and
WHEREAS, due to state safety regulations governing amusement rides, such as the waterslides, there is an extremely limited pool of contractors that have the necessary licenses and authorizations necessary to perform the work; and
WHEREAS, the Wave is scheduled to open to the public for the Memorial Day weekend, and the waterslides are a key attraction bringing customers and revenues to the Wave; and WHEREAS, if the waterslides are not operational on opening weekend, it would have a direct and significant revenue impact on the City, and it has the potential to have a ripple effect on the summer season at the Wave; and
WHEREAS, prior to such opening, the contractor will need to complete the work, and the waterslides will need to be inspected by the California Division of Occupational Safety and Health, and it will be challenging for a contractor to complete all of the necessary work prior to the opening; and
WHEREAS, the qualified and available contractors are busy with other repair and construction projects ahead of the summer waterslide and amusement park season, further limiting the time the City has to obtain the services of a qualified and available contractor; and WHEREAS, conducting a public bidding process for the completion of the work would cause a delay of work on the slide repair project, and such a delay would jeopardize the Memorial Day opening and more importantly further limit the availability of qualified contractors and thereby increase the price that the City would have to incur to complete the work in time for the opening; and WHEREAS, a well-recognized exception in Common Law to the competitive bidding requirement for public entities exists where the nature of a contract or project is such that competitive proposals would be unavailing or would not produce an advantage, thereby rendering any advertisement for competitive bidding undesirable, impractical or impossible (see Graydon v.

Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635; 164 Cal. Rptr. 56, 58); and WHEREAS, the rationale for the adoption of the above exception is found in the purposes of the provisions requiring competitive bidding in letting public contracts. Those purposes are to guard against favoritism, improvidence, extravagance, fraud and corruption; to prevent waste of public funds; and to obtain the best economic result for the public (see Graydon, 104 Cal.App.3d. at 636); and
378
Reso. No. XX-22, Item X.X, Adopted 03/15/2022 Page 2 of 3 WHEREAS, it has also been recognized by Common Law that where competitive proposals work an incongruity and are unavailing as affecting the final result of the public works project, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable (see Graydon, 104 Cal.App.3d. at 636); and
WHEREAS, City Staff secured quotes from two qualified companies, Safe Slide Restoration (SSR) and Whitewater West Industries (WWI), with SSR submitting the lowest proposal; and
WHEREAS, SSR visited the site, surveyed the damage, and has guaranteed repairs will be completed by May 1, 2022, allowing time for the annual Occupational Safety and Health Administration (OSHA) inspection and for the facility to open on Memorial Day weekend; and WHEREAS, SSR is prepared to complete the work outlined in the Scope of Services section of the Agreement attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin City Council does hereby make the following findings:

A. The circumstances surrounding the waterslide repair project are such that the necessary delay entailed by conducting a competitive bid for the project would impose significant additional financial burdens, such that the conduct of said bid process would be unavailing, undesirable and would not be to the City’s advantage and that public bidding requirements in this instance would not produce any advantage to the City.

B. That such a proposed negotiation of a contract would not constitute any sign of favoritism, improvidence, extravagance, fraud or corruption.

BE IT FURTHER RESOLVED the City Council of the City of Dublin does hereby approve the negotiated Contractor Services Agreement with Safe Slide Restoration, attached hereto as Exhibit A, at a bid of $204,567, without conducting a formal public bid process.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
379
Reso. No. XX-22, Item X.X, Adopted 03/15/2022 Page 3 of 3 ______________________________
Mayor
ATTEST:
_________________________________
City Clerk
380
Services Agreement between March 15, 2022
City of Dublin and Safe Slide Restoration Page 1 of 15
C

ONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

SAFE SLIDE RESTORATION
THIS AGREEMENT for Waterslide repair services is made by and between the City of Dublin (“City”) and Safe Slide Restoration (“Contractor”) (together sometimes referred to as the “Parties”) as of March 15, 2022 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1. 1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on May 1, 2022, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.

Se
ction 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $204,567.00 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only Attachment 2
Exhibit A to the Resolution
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Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:

ƒ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;

ƒ The beginning and ending dates of the billing period;

ƒ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;

ƒ A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense

ƒ The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;

ƒ The Contractor’s signature;

ƒ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and 382

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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Intentionally Deleted.

2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services 383

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3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.

The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.

All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.

Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.

Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
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Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.

Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.

City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.

Contractor shall bear all costs in connection with meeting the requirements of this section.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.

VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

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4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:

a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and

b. Waiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.

c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. 386

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d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:

a. Certificate of Liability Insurance in the amounts specified in the section;

b. Additional Insured Endorsement as required by the section;

c. Waiver of Subrogation Endorsement as required by the section; and

d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

4.3.1 Acceptab ility of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:

ƒ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

ƒ Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or

ƒ Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR’S R ESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide 390

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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.

Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described 391

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9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severab ility. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

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10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

Dale Cooper LLC DBA Safe Slide Restoration
P.O. Box 102,
Farmington, MO 63640

Any written notice to City shall be sent to:

City of Dublin
Att: Andrea Dwyer
100 Civic Plaza
Dublin, CA 94568

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
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10.11 Counterparts and Electronic Signatures . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
394
Services Agreement between March 15, 2022
City of Dublin and Safe Slide Restoration Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN SAFE SLIDE RESTORATION
Linda Smith, City Manager Joshua Lones,
Senior Director of Customer Service
Attest:

Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070365.1
395

Services Agreement between March 15, 2022
City of Dublin and Safe Slide Restoration Exhibit A – Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES

PLEASE SEE ATTACHED

396
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Slide Description:

MT Diablue - Closed to Open Flume to Runout Body Slide – Translucent Blue Work Description:

Gel Coat – Start Tub & Runout:
¾ Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating) ¾ All repairs will be done with vinyl-ester resin
¾ Prepare start tub and runout for Gel Coat
¾ Add textured surface to start tub if needed
¾ Refinish start tub and runout of slide with Gel Coat
¾ Gel Coat will be applied to a thickness of 20 - 24 mils. ¾ Premium Gel Coat will be used
¾ Recaulk all seams (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
¾ Base white gelcoat will be used unless otherwise specified Fiberglass Repairs:
¾ Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)* ¾ All repairs will be done with vinyl-ester resin
¾ Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
Chemical Wash: Slide Ride Path
¾ Clean interior of slide ride path
¾ Apply chemicals to slide ride path
¾ Hand agitate, as needed
¾ Final rinse
¾ Note: Foaming will occur because of the chemicals
¾ Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’sresponsibility to administer it
([KLELW$6FRSH2I6HUYLFHV
397
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Description:

Golden Wave - Closed Flume to Runout Body Slide – Translucent Orange Work Description:

Gel Coat – Start Tub & Runout:
¾ Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating) ¾ All repairs will be done with vinyl-ester resin
¾ Prepare start tub and runout for Gel Coat
¾ Add textured surface to start tub if needed
¾ Refinish start tub and runout of slide with Gel Coat
¾ Gel Coat will be applied to a thickness of 20 - 24 mils. ¾ Premium Gel Coat will be used
¾ Recaulk all seams (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
¾ Base white gelcoat will be used unless otherwise specified Fiberglass Repairs:
¾ Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)* ¾ All repairs will be done with vinyl-ester resin
¾ Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
Chemical Wash: Slide Ride Path
¾ Clean interior of slide ride path
¾ Apply chemicals to slide ride path
¾ Hand agitate, as needed
¾ Final rinse
¾ Note: Foaming will occur because of the chemicals
¾ Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’sresponsibility to administer it
398
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Slide Description:

Riptide Rider - Flume to Runout Body Slide – Light Blue Work Description:

Gel Coat – Runout:
¾ Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating) ¾ All repairs will be done with vinyl-ester resin
¾ Prepare runout for Gel Coat
¾ Refinish runout of slide with Gel Coat
¾ Gel Coat will be applied to a thickness of 20 - 24 mils. ¾ Premium Gel Coat will be used
¾ Recaulk all seams (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
¾ Base white gelcoat will be used unless otherwise specified Fiberglass Repairs:
¾ Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)* ¾ All repairs will be done with vinyl-ester resin
¾ Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
Polish - Interior: (excludes runout because it will have new gel coat) ¾ Clean start tub and all open flume sections
¾ Polish start tub and all open flume sections
399
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Slide Description:

Dublin Screamer - Capsule Closed Flume to Runout Drop Slide – Turquoise Green Work Description
Gel Coat – Runout:
¾ Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating) ¾ All repairs will be done with vinyl-ester resin
¾ Prepare runout for Gel Coat
¾ Refinish runout of slide with Gel Coat
¾ Gel Coat will be applied to a thickness of 20 - 24 mils. ¾ Premium Gel Coat will be used
¾ Recaulk all seams (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
¾ Base white gelcoat will be used unless otherwise specified Fiberglass Repairs:
¾ Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)* ¾ All repairs will be done with vinyl-ester resin
¾ Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
Chemical Wash: Closed Flume Slide Ride Path
¾ Clean interior of slide ride path
¾ Apply chemicals to slide ride path
¾ Hand agitate, as needed
¾ Final rinse
¾ Note: Foaming will occur because of the chemicals
¾ Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’sresponsibility to administer it
400
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Slide Description:

Emerald Plunge - Open Flume to Runout Drop Slide – Translucent Green Work Description:

Gel Coat – Start Tub and Runout:
¾ Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating) ¾ All repairs will be done with vinyl-ester resin
¾ Prepare runout for Gel Coat
¾ Refinish runout of slide with Gel Coat
¾ Gel Coat will be applied to a thickness of 20 - 24 mils. ¾ Premium Gel Coat will be used
¾ Recaulk all seams (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
¾ Base white gelcoat will be used unless otherwise specified Fiberglass Repairs:
¾ Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)* ¾ All repairs will be done with vinyl-ester resin
¾ Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
401
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402
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Slide Description:

Shamrock Swirl - Closed Flume to Bowl Slide – Mint Green Work Description:

Fiberglass Repairs:
¾ Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)* ¾ All repairs will be done with vinyl-ester resin
¾ Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
Laminate Start Tub and Bowl: 16 deflecting panels in bowl ¾ All repairs will be done with vinyl-ester resin
¾ Permanently seal and fiberglass over start tub and Bowl ¾ Prep and laminate start tub and bowl with vinyl-ester resin and 1708 biaxle cloth ¾ Add textured surface to start tub if needed
¾ Fair Seam with compatible vinyl-ester fairing compound ¾ Apply Premium Coating over start tub
Chemical Wash: Slide Ride Path
¾ Clean interior of closed flume slide ride path
¾ Apply chemicals to closed flume slide ride path
¾ Hand agitate, as needed
¾ Final rinse
¾ Note: Foaming will occur because of the chemicals
¾ Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’sresponsibility to administer it
403
V.111021
Slide Description:

Splash Zone - Closed Flume to Runout Kidde Slide – Red
Splash Zone – 2 Lane Kiddie Racer - Blue
Work Description:

Fiberglass Repairs:
¾ Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)* ¾ All repairs will be done with vinyl-ester resin
¾ Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) ** ¾ Seams will be sealed with premium caulk
¾ Anchor down both slides (10-12 anchors on blue and 4 on red) Polish and Wax - Interior:
¾ Clean start tub, ride path of closed flume, and all open flume sections ¾ Polish start tub, ride path of closed flume, and all open flume sections ¾ Wax start tub, ride path of closed flume, and all open flume sections 404
V.111021

Terms & Conditions

*Fiberglass repair is defined as any damage that is an obvious threat to the guests, (i.e. a chip or gouge with a sharp edge). This is not to be confused with cosmetic repair, (i.e. a spider crack with no flaking or raised edge).

This does not include any major repairs that require fiberglass cloth and resin lamination. ** Because of the restrictions of our caulk being able to adhere to joints without the proper amount of surface area, we require that the seams are 3/16” wide to caulk them (If seams are too tight, the caulk will not adhere properly).

Customer Expectations
Safe Slide Restoration reserves the right to have adequate access to the project area in order to complete the project as efficiently as Safe Slide Restoration deems necessary. This may require, but is not limited to: working 12 hours per day and seven days per week. The facility is responsible for providing access to an adequate water source (5 gallons per minute), electrical power (multiple circuits will be needed), and restroom facilities for the duration of the job. In the event 405
V.111021
that the project involves any chip repairs or gel coat application, Safe Slide’s technicians are capable of in-field color matching the existing Gel Coat. (This is not to be confused with the manufacturer's exact color matching). Our customers have the right to request a draw down, but requests must be made 45 days before the Safe Slide crew arrives on- site. Recaulking seams does not apply if the seam has been previously permanently fiberglassed. We strive towards the very best finish that can be achieved; however, some pinholes may be present. This Agreement shall be construed and governed by the laws of the State of Missouri. The parties agree that in the event any action is brought to enforce any terms of this Agreement or for damages for breach of the Agreement, the venue for such cause of action shall be Madison County, Missouri Circuit Court.

Customer Responsibilities
In the event that leaking seams are being addressed by Safe Slide Restoration, the customer is responsible for identifying and labeling seams on the interior and exterior of the slide (we recommend using a permanent marker in the ride path to label seams). The customer is responsible for identifying areas where lift is unable to operate. If a lift is required, Safe Slide is not responsible for any broken concrete, landscaping, etc. Safe Slide may require the removal of fencing to allow lift access to the water slide area if there isn’t access through a gate opening. The customer is responsible for providing waste removal. The customer is required to provide access to restrooms to the Safe Slide crew for the duration of the project. A walk through of finished work and subsequent sign-off is required before Safe Slide’s crew leaves the job site. Missing the post project walk through is equivalent to an approved sign off by the customer. Safe Slide Restoration will not be responsible for unscheduled return work in the case that the customer misses scheduled post project walk- through and subsequent sign-off. We recommend 20 test rides on your slide(s), with different body sizes and builds, if possible, before the season begins. We highly recommend daily dry inspections and a single test ride before daily operation.

Possible Additional Charges
If there are any previous interior or exterior coatings not specified in the above work scope, there will be an additional charge for interior or exterior failed coatings. The pricing above does not include the cost of state taxes, licenses, or permits if required. Slides may require a second coat of paint to achieve the desired finish. In the event that a second coat of paint is required, there will be an additional charge of 50% of the original paint price. A 2-3-point Tie-off system on top portion of closed flume slide may be needed if a lift is inaccessible. A cost of $90 per panel will be assessed and tie offs will stay in place for customer use. An additional daily fee may be assessed if the project site is compromised due to negligence of customer or persons under the customer’s control of said project site. If the customer does not show up and needs to postpone the post job walk through, there will be an additional charge for the delay. This will be determined by how long Safe Slide must stay on site in order to get the walk-through and sign-off which is required before our staff leaves the site. The cost of a lift and/or scaffolding is not included in the above pricing. If a lift and/or scaffolding is required, it will be the responsibility of the park to provide. Due to the effects of the Covid pandemic on material cost, all prices will be subject to change if the material cost changes are substantial. We will continue our commitment to use quality products. Our team is working diligently to secure fair pricing in an evolving market. We also promise to maintain but not increase our profit margin. For further clarification, we will make our past and present pricing public when requested. Thank you in advance for your understanding.

Warranty Information
5 – year paint Workmanship warranty:

Our 5 – year workmanship warranty covers any delamination that occurs of the coating applied. This warranty does not cover fading, claims from extreme acts of nature, improper washing procedures, vandalism, improper maintenance with application of aggressive chemicals. This warranty may become void if peeling occurs due to poor adhesion from the previous original or recoated substrate occurs. 5 – year structural repair workmanship warranty:

Our 5-year workmanship warranty covers delamination of fiberglass from original substrate. This warranty does not cover claims from extreme acts of nature, vandalism, or repair that overlaps a repair completed by a previous contractor.
5 – year gel coat workmanship warranty:

Our 5 - year workmanship warranty is only valid if the facility chooses to participate in a yearly maintenance program with Safe Slide Restoration. If not, a standard 2 – year workmanship warranty will apply. Gel coat 406
V.111021
warranty covers delamination of applied gel coat only. This warranty does not cover damage from osmosis blistering, damage or deterioration of cosmetic surface finishes, including corrosion, cracking, crazing, discoloration, fading, oxidation of gel coat, or wet coring/substrates. This warranty does not cover substrates previously coated after the manufacturer’s original coating, unless post-manufacturer coating is completely removed by Safe Slide prior to the application of the new coating. This warranty also does not cover any repairs that have been completed by a previous contractor.

Safe Slide Restoration does not offer any warranty for caulking of seams.

Confidentiality Agreement
The information in this document is confidential to the person to whom it is addressed and should not be disclosed to any other person. It may not be reproduced in whole, or in part, nor may any of the information contained therein be disclosed without the prior written consent of the directors of Safe Slide Restoration. 407
Services Agreement between March 15, 2022
City of Dublin and Safe Slide Restoration Exhibit B – Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Project Amount $185,970.00
Contingency Amount $18,597.00
Second Coat of Paint 50% of the original paint price
Tie Off System $90/Panel
408

STAFF REPORT

CITY COUNCIL

Agenda Item 4.11
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Parks and Recreation Master Plan Update - Public Hearing Continuation Prepared by: Judy Miller, Management Analyst II
EXECUTIVE SUMMARY:

The City Council is being asked to continue the Public Hearing for the Parks and Recreation Master Plan to a future date uncertain.

STAFF RECOMMENDATION:

Continue the Public Hearing for the Parks and Recreation Master Plan to a future date uncertain.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council is being asked to continue the Public Hearing for the Parks and Recreation Master Plan to a future date uncertain.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
409

STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: March 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) (PLPA-2021-00050)
Prepared by: Mayank Patel, Associate Planner
EXECUTIVE SUMMARY:

The City Council will consider amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing Opportunity and More Efficiency (HOME) Act, which allows homeowners to split their single-family lot and/or build additional units. The proposed amendments would regulate the number and type of residential units, establish affordability requirements, and establish objective design and development standards for projects allowed by SB 9. The City Council will also consider amending the City’s Master Fee Schedule pertaining to Zoning Clearances for SB 9 Unit Developments. Staff recommends finding the amendments to the DMC statutorily exempt from the California Environmental Quality Act.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and take the following actions: 1) waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Title 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide; and 2) adopt the Resolution Amending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments.

FINANCIAL IMPACT:

The City Council will consider amending the Master Fee Schedule pertaining to Zoning Clearances for SB 9 Unit Developments. The new application fee is proposed to be based on time and materials to ensure the City recovers the actual costs associated with processing applications for SB 9 Unit Developments.

DESCRIPTION:
410

Background
On September 16, 2021, Governor Newsom signed into law Senate Bill (SB) 9, titled the California Housing Opportunity and More Efficiency (HOME) Act, which went into effect on January 1, 2022.

The bill has two major components: 1) the right to develop more than one home on a single-family residential lot; and 2) the right to subdivide a single-family residential lot. Units created by exercising the rights provided under SB 9 are referred to here as “SB 9 Units.” The term “Urban Lot Split” is used to describe a subdivision of an existing single-family residential parcel into two lots under SB 9. If certain criteria are met, SB 9 requires local jurisdictions to ministerially approve SB 9 Unit Developments and Urban Lot Splits. Table 1 summarizes the criteria set forth in SB 9.

Table 1. Qualifying Criteria for SB 9 Projects.

Requirement
SB 9 Unit
Developments Urban Lot Split

1. Project site is in a single-family residential zoning district. X X

2. Project site is not in a “sensitive” areaas identified under Government Code Section 65913.4. X X

3. Project does not result in the demolition of below
market rate/deed-restricted affordable housing or
rent-controlled units.

X X

4. Property has not occupied by tenants in the past
three years. X X

5. Property has not been withdrawn from the rental
market under the Ellis Act for the past 15 years. X X

6. Property is not located in a historic district or
included on the State Historic Resources Inventory,
or within a site that is designated or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance.

X X

7. Units constructed via SB 9 must be used for
residential purposes and cannot be used for short-
term rentals of less than 30 days.

X X

8. Project creates two new parcels of approximately
equal lot area— each at least 40 percent of the lot
area of the original parcel.

X

9. Each new lot is at least 1,200 square feet. X

10. The parcel was not created through prior exercise
of an Urban Lot Split under SB 9. X
411

Requirement
SB 9 Unit
Developments Urban Lot Split

11. Neither the owner of the parcel being subdivided
nor any person acting in concert with the owner
has previously subdivided an adjacent parcel using
an Urban Lot Split under SB 9.

X

12. The applicant must indicate, by affidavit, their
intention to reside in one of the units built on
either parcel for at least three years.

X
SB 9 was adopted to minimize the restrictions and limitations of traditional single-family zoning by allowing additional housing units on single-family lots and/or allowing for single-family lots to be split into two parcels with additional residential units constructed on each lot. This law allows by right, two residential units per lot of at least 800 square feet that could be conveyed (sold separately) and additional ADUs as further discussed below. Under SB 9, new units and subdivisions need not comply with the City’s development standards for the Single-Family Residential (R-1) zoning district and similar Planned Development Zoning Districts. The new law effectively limits the City’s ability to regulate these developments and prohibits a discretionary review process for qualified projects. However, the City does have the ability to apply certain objective standards to development and subdivisions allowed by SB 9.

Staff proposes to create objective standards to regulate SB 9 Units and Urban Lot Splits with a focus on the following areas: 1) the number of allowed units; 2) affordability requirements; 3) occupancy requirements; and 4) design and development standards. Staff proposes to create a new chapter (Chapter 8.81) in the Zoning Ordinance to regulate SB 9 Unit Developments and a new chapter (Chapter 9.54) in the Subdivisions Ordinance to regulate Urban Lot Splits. Additional amendments to the Zoning and Subdivision ordinances are proposed to ensure internal consistency. The draft Ordinance is included as Attachment 1. Refer to Attachment 2 for a redline version of the proposed ordinance text changes where the added text is underlined and any text to be removed is marked with a strikethrough.

Analysis
Staff prepared amendments to the Dublin Municipal Code (DMC) to implement SB 9 and to reduce the impact to existing single-family residential neighborhoods within the confines allowed by State law. The proposed Chapter 8.81 would implement SB 9 and provide the City’s objective standards to regulate housing developments allowed by the bill. The use and development of lots within the R-1 Zoning District would continue to be regulated by the provisions of the Zoning Ordinance except as modified by SB 9 and Zoning Ordinance Chapter 8.81. Chapter 9.54 would implement SB 9 and provide the City’s objective standards to regulate Urban Lot Splits. The following provides a summary of the key provisions of the proposed DMC Amendments.

Number of Units. Currently, the DMC allows up to three units on a single-family residential lot: A Primary Dwelling Unit (PDU), an Accessory Dwelling Unit (ADU), and a Junior Accessory Dwelling Unit (JADU). SB 9 would allow up to four units on an existing lot, including an additional housing 412

unit (“SB 9 Unit”), an ADU, and a JADU. However, SB 9 allows the City to restrict the total number of units per lot with an Urban Lot Split. The proposed Chapter 8.81 seeks to limit the number of units per lot to the extent allowed by State law. Table 2 reflects the maximum number of units allowed per lot by Chapter 8.81. ADUs and JADUs would continue to be regulated by Chapter 8.80 (Accessory Dwelling Unit Regulations), except as modified by SB 9 and Chapter 8.81.

Table 2. Maximum Number of Units Allowed on a Single-Family Lot: Pre- and Post-SB 9 Unit Type
Pre-SB 9:

Number of Units
Allowed Per Lot
Post-SB 9: Number of Units Allowed Per Lot
No Urban Lot Split Urban Lot Split
Vacant
Lot Developed Lot
Vacant
Lot
Developed Lot
PDU 1 - 1 - 1
ADU 1 1 1 0 1*
JADU 1 1 1 0 1*
SB 9 Unit - 2 1 2 1*
Max. 3 4 4 2 2
* An Urban Lot Split parcel developed with a PDU would be limited to one additional unit, for a total of two units on the respective lot. The additional unit can be an SB 9 Unit, an ADU, or a JADU.

Affordability. While SB 9 is silent regarding affordability provisions for residential units, the proposed amendments to the Zoning Ordinance (Section 8.81.060) and the Subdivision Ordinance (Section 9.54.070) require at least one unit created under SB 9 to be deed restricted as affordable to moderate income households. The affordable unit cannot be an ADU or JADU. The affordable unit would be subject to the applicable provisions of the City’s Inclusionary Zoning Regulations (Chapter 8.68).

Intent to Occupy. The proposed amendments require an applicant for an SB 9 Unit Development or an Urban Lot Split to sign an affidavit, indicating intent to occupy either the PDU or SB 9 Unit as their principal residence for a minimum of three years from the issuance of an SB 9 unit’s Certificate of Occupancy, or in the case of an Urban Lot Split, from the date of approval of the subdivision.

Design and Development Standards. The proposed design and development standards for an SB 9 Unit under Section 8.81.070 are intended to safeguard the characteristics of existing single-family neighborhoods in Dublin. For example, to help address potential concerns about aesthetics, the proposed standards regulate street-facing elevations, building color and materials, as well as roof roofs. Additionally, standards pertaining to second-story massing and height limits are proposed to help maintain privacy and access to light and air. Required parking is limited to a maximum of one space per unit, and no required parking if located near transit, as required by SB 9. Similarly, the proposed subdivisions standards for an Urban Lot Split under Section 9.54.060 are intended to 413

limit changes to the fabric of existing neighborhoods by limiting the creation of irregularly configured lots and requiring lots to have frontage to the public right-of-way.

Permitting. In accordance with State law, decisions on development and subdivisions under SB 9 are not subject to a public hearing nor can they be appealed if the application is found to comply with the requirements of SB 9 and the DMC. Thus, development under SB 9 would be subject to review and ministerial approval of a Zoning Clearance by the Community Development Director (Sections 8.81.080 and 8.81.090). Similarly, Urban Lot Splits would be subject to review and ministerial approval of a Parcel Map by the City Engineer (Section 9.54.080).

Senate Bill 9 is complicated legislation and still being interpreted throughout the State. Future amendments and interpretations of the law are likely which could result in the need to modify Chapters 8.81 and 9.54. Additional amendments to these chapters may also be necessary as Staff implements SB 9 and these Ordinances.

Master Fee Schedule Amendment
The California Constitution authorizes local governments to recover the reasonable costs of providing services. SB 9 Unit Developments would be subject to a Zoning Clearance to review the proposal for consistency with the proposed new Chapter 8.81 and all other applicable objective standards within the Zoning Ordinance. The actual cost for Staff to review a “Zoning Clearance for SB 9 Unit Development” application would vary significantly depending on the scope of work.

Therefore, Staff recommends establishing an application fee based on actual time and materials to recover the City’s full costs.

A draft Resolution amending the Master Fee Schedule to establish an application fee for a Zoning Clearance for SB 9 Unit Development is included as Attachment 3.

Consistency with the General Plan, Specific Plans, and Zoning Ordinance The proposed amendments are consistent with the Dublin General Plan and all applicable specific plans in that the amendments are necessary to comply with State law and are consistent with applicable land use regulations and development policies. Amendments to the Zoning Ordinance are proposed to ensure consistency with State law and implementation of SB 9.

ENVIRONMENTAL DETERMINATION:

The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and when applicable, environmental documents be prepared. To facilitate local jurisdictions in implementing SB 9, the legislature included an exemption from CEQA for any local ordinance that is adopted to implement the new law. Staff is recommending that the project be found statutorily exempt from the requirements of CEQA pursuant to Division 13 (commencing with §21000) of the Public Resources Code.

PLANNING COMMISSION REVIEW:
414

On February 22, 2022, the Planning Commission held a public hearing to consider the proposed amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) and unanimously adopted Resolution No. 22-03 (Attachment 4), recommending City Council approval.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Create More Affordable Housing Opportunities.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

In accordance with State law, a public notice was published in the East Bay Times on March 5, 2022, and March 10, 2022, and posted at several locations throughout the City. Additionally, the City Council Agenda and the Staff Report for this public hearing was also made available on the City’s website.

ATTACHMENTS:
1) Ordinance Approving Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide 2) Redlines of Proposed Dublin Municipal Code Amendments 3) Resolution Amending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments 4) Planning Commission Resolution No. 22-03
415
Attachment 1
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE TITLES 8 (ZONING) AND 9 (SUBDIVISIONS) TO IMPLEMENT SENATE BILL 9 EFFECTIVE CITYWIDE PLPA-2021-00050
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, on September 16, 2021, Governor Newson signed into law Senate Bill (SB) 9, which among other things, added Government Code Sections 65852.21 and 66411.7 and amended Government Code Section 66452.6, allowing additional housing units on properties within single-family residential zoning districts; and WHEREAS, SB 9 went into effect January 1, 2022, and preempts any conflicting City ordinance; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial approval of: 1) no more than two housing units on a lot within a single-family residential zoning district; and 2) urban lot splits; and WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Dublin Municipal Code implement the requirements of SB 9 and add local regulations that are within the scope of the State law; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 22, 2022, during which all interested persons were heard, and adopted Resolution No. 22-03 recommending City Council adoption of the proposed Amendments to Dublin Municipal Code Titles 8 and 9; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Amendments to Dublin Municipal Code Titles 8 and 9; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on March 15, 2022, at which time all interested parties had the opportunity to be heard; and
416
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 18 WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project.

NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:

Section 1. Consistency with Local Plans. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the General Plan and all applicable Specific Plans in that the amendments are necessary to comply with State law and are consistent with applicable land use regulations and development policies. Specifically, amendments to the Zoning Ordinance are proposed to ensure consistency with State law and implementation of SB 9.

Section 2. CEQA. 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. The City Council hereby finds that the proposed amendments are statutorily exempt from the requirements of CEQA pursuant to Division 13 (commencing with §21000) of the Public Resources Code.

Section 3. Amendments. Thirty days following the adoption of the Ordinance, the Dublin Municipal Code is amended as follows:

Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is amended to add the following definitions in alphabetical order:

SB 9 Unit. The term SB 9 Unit shall mean a dwelling unit that is developed using the provisions in Chapter 8.81, and the provisions identified in California Government Code Sections 65852.21 or 66411.7.

SB 9 Unit Development. The term SB 9 Unit Development shall mean a housing development as defined in California Government Code Section 65852.21.

Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is amended to add the following row to the existing Residential Use Type table:

RESIDENTIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
SB 9 Unit
Developments - ZC - - - - - - - - -
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 18 Section 8.20.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:

K. SB 9 Unit Developments. For SB 9 Unit Developments, see Chapter 8.81.

The remainder of Section 8.20.030 to be re-lettered accordingly.

Subsection A of Section 8.36.020 (Agricultural and Residential Development Regulations) of Title 8 of the Dublin Municipal Code is amended to revise the tables as follows and to add additional footnotes:

STANDARD A R-1 R-2 R-M

LOT AREA
Interior lot 100 acres 4,000 sq. ft. (5) 8,000 sq. ft. 5,000 sq. ft.

Corner lot 100 acres 5,000 sq. ft. (5) 9,000 sq. ft. 6,000 sq. ft.

LOT SQUARE

FOOTAGE PER
DU
NA 4,000 sq. ft.
and larger as
consistent with
General Plan
(5)
4,000 sq. ft.
and larger as
consistent with
General Plan
750 sq. ft. and
larger as
consistent with
General Plan

LOT WIDTH &

FRONTAGE
Interior lot 300 feet 50 feet (5) 80 feet 50 feet
Corner lot 300 feet 60 feet (5) 90 feet 60 feet
LOT DEPTH NA 100 feet (5) 100 feet 100 feet

RESIDENTIAL
USE (maximum
per lot)
1 du (4) 1 du (4)(5) 2 du (4) 1 du per full 750
sq. ft. (and larger
as consistent with
General Plan) (4)

SETBACKS
Front 50 feet 20 ft. avg. 18 ft
minimum to
garage (1)
20 ft. avg. 18 ft.
minimum
20 ft.

Side 30 feet (2)(5) 10 feet 10 feet (3)
Street Side 50 feet 10 feet 10 feet 10 feet
Rear 50 feet 20 feet (5) 20 feet 30 feet
(1) Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots up to 6,000 square feet in size.
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 18 (2) Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 feet plus one foot for each full 10 feet by which lot width exceeds minimum lot width up to a maximum of 10 feet.
(3) Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot Side Yard on one side.
(4) See Chapter 8.80, Accessory Dwelling Unit Regulations, regarding the allowable number of ADUs.
(5) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified SB 9 Unit Developments.

STANDARD A R-1 R-2 R-M

DISTANCE BETWEEN

RESIDENCES
100 feet 10 feet (4) 20 feet 20 feet

MAXIMUM LOT

COVERAGE
NA 40% 1 story,
35% 2
stories (4)
40% 1 story,
35% 2 stories
40% 1 story,
35% 2 stories

COMMON USEABLE

OUTDOOR SPACE
NA NA NA 30% of net site
area

ACCESSORY STORAGE -
MULTIFAMILY (1)
NA NA 200 cubic feet
minimum per
unit
200 cubic feet
minimum per
unit
HEIGHT LIMITS (2) (2) (2) (3)
(1) Multifamily accessory storage shall be provided for each unit in a multifamily project that has a private, enclosed garage attached or assigned to the unit. In addition to the R-2 and R-M Zoning Districts, multifamily accessory storage shall also be provided in comparable PD (Planned Development) Zoning Districts and the Downtown Dublin Zoning District. See also Chapter 8.08 (Definitions). (2) West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stories pursuant to a Site Development Review approval by the Zoning Administrator. East of Dougherty Road; 35 feet and 2 stories. (3) 35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more du. and lot coverage does not exceed 35%.
(4) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified SB 9 Unit Developments.

Subsection B (Residential Use Types) of Section 8.76.080 (Parking Requirements by Use Type) of Title 8 of the Dublin Municipal Code is amended to add the following use type and number of parking spaces required to the existing table as follows, with residential use types listed alphabetically:

RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED SB 9 Unit Developments See Section 8.81.080 relating to SB 9 Unit parking. 419
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 18 Title 8 of the Dublin Municipal Code is amended to add Chapter 8.81 (SB 9 Unit Developments) as follows:

8.81.010 Purpose.

The purpose of this Chapter is to implement Government Code Section 65852.21 by:

A. Establishing objective standards for qualified SB 9 Unit Developments; B. Regulating the development of new residential housing units in a manner that is compatible with existing single-family residential uses; and C. Ensuring sound standards of public health and safety.

8.81.020 Definitions.

For the purposes of this Chapter, the following definitions apply:

A. Primary Dwelling Unit. The term Primary Dwelling Unit shall mean an existing single-family residence on a parcel constructed prior to the approval of an SB 9 Unit.

B. Sufficient for Separate Conveyance. The term Sufficient for Separate Conveyance shall mean that an SB 9 Unit Development is constructed in a manner adequate to allow for the transfer of title, ownership, rights, and interests in the property, from one entity to another.

8.81.030 Applicability.

The provisions of this Chapter are applicable to SB 9 Unit Developments on lots within the R-1 (Single-Family Residential) zoning district or any Planned Development District where Single-Family Residential uses are allowed. This Chapter shall not apply in the following situations:

A. Projects located on lots that are included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

B. Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as may be amended.

C. Projects involving the demolition or alteration of any of the following:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 18

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Housing that has been occupied by a rental tenant at any time within the last three years.

D. Projects located on lots which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years.

E. Projects involving the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a rental tenant within any time in the last three years.

8.81.040 Maximum Number of Units.

A. Urban Lot Split. For SB 9 Units on parcels where an Urban Lot Split is proposed or approved, under the provisions specified in Chapter 9.54 and Government Code Section 66411.17, the following shall apply:

1. Vacant Lot. A maximum of two SB 9 Units on a vacant lot created by an Urban Lot Split. No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted.

2. Developed Lot. If there is an existing Primary Dwelling Unit on a lot created by an Urban Lot Split, a maximum of one of the following units may be added to that lot: an SB 9 Unit, an Accessory Dwelling Unit, or a Junior Accessory Dwelling Unit. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted in accordance with Chapter 8.80, except that no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted with the development of a SB 9 Unit on the same lot. No more than two units of any kind may be constructed or maintained on a lot created by an Urban Lot Split. If there are two existing units of any kind on a lot created by an Urban Lot Split, no additional units of any kind shall be permitted on that lot.

B. All Other Lots. For parcels where an Urban Lot Split is not proposed or approved, the following shall apply:

1. Vacant Lot. A maximum of two SB 9 Units are allowed per lot.

2. Developed Lot. If there is an existing Primary Dwelling Unit on a lot, a maximum of one SB 9 Unit is allowed per lot.

3. Accessory Dwelling Units and Junior Accessory Dwelling Units.

Accessory Dwelling Units and Junior Accessory Dwelling Units shall be 421
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 7 of 18 permitted in accordance with Chapter 8.80, provided that there are no more than four units in total.

8.81.050 Intent to Occupy.

The applicant for a SB 9 Unit shall sign an affidavit, on a form approved by the City, stating that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum of three years from the issuance of a Certificate of Occupancy for the SB 9 Unit.

8.81.060 Affordability Requirement.

A minimum of one unit in an SB 9 Unit Development shall be deed restricted as affordable to moderate income households based on the most recent Alameda County Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units created by this Chapter are subject to the following subsections of the Inclusionary Zoning Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). This requirement shall be considered satisfied if previously addressed through a related Urban Lot Split in accordance with affordability requirements of Dublin Municipal Code Chapter

9.54. 8.81.070 Standards.

A. General.

1. By Right Provision. The objective standards set forth in this section shall not physically preclude a maximum of two units, comprised of any combination of SB 9 Units and Primary Dwelling Unit, per parcel and shall not physically preclude each of those units from being at least 800 square feet in area. If the objective standards would physically preclude two 800 square foot units, the City will provide relief from one or more of the objective standards set forth in this section to accommodate two 800 square foot units. The City shall determine the extent of relief necessary.

2. Zoning. Except as modified by this Chapter, SB 9 Units shall comply with all objective standards of the Dublin Municipal Code including the requirements for the applicable zoning district where the property is located, provided that such regulations do not conflict with standards set forth by Government Code Sections 65852.21.

B. Balconies/Decks. Balconies and decks shall not be located on an elevation directly facing a side lot line. Allowed balconies shall be located a minimum of 10 feet the rear property lines. Rooftop terraces/rooftop decks are not permitted.

C. Building Facades and Materials.
422
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 8 of 18

1. Street-Facing Elevations.
a. Shall provide volumetric elements with a minimum projection of two feet beyond the plane of the façade with use of window bays, building recesses, or porches with columns.
b. Shall be designed with a minimum four-foot landscaping zone adjacent to their foundation or porch face.

2. A minimum of three exterior building colors shall be used on the front facades.

3. Attached units shall provide a minimum two-foot offset at the shared wall.

4. Transitions for both material and color shall be located at interior corners

5. Facades that use stucco as the primary material shall be combined with a secondary wall material.

6. T-111 and similar plywood siding, corrugated and standing seam metal, vinyl and plastic siding, and foam and stucco trim façade materials shall be prohibited.

7. Fire-resistant alternatives such as, fiber cement siding, is permitted as a substitution for traditional materials such as wood shake, horizontal siding, or board and batten paneling.

D. Building Height.

1. Within Setbacks. The maximum height of an SB 9 Unit, or any portion thereof, located within the setbacks established for the zoning district where the lot is located shall not exceed 16 feet.

2. Outside of Setbacks. The maximum height of an SB 9 Unit located outside of the setbacks established for the zoning district where the lot is located shall conform to the height requirements of the zoning district.

E. Building Separation.

1. Single-Story Structures. A minimum separation of 15 feet shall be provided between the upper story and a single-story structure on an adjacent property.

2. Multi-Story Structures. A minimum separation of 20 feet shall be provided between the upper story and a multi-story structure on an adjacent property.

F. Building Setbacks.
423
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 9 of 18

1. Existing Structures. No setback shall be required for an existing legal structure or a structure constructed in the same location and to the same dimensions as an existing legal structure.

2. Front Yard. The minimum front yard setback shall conform to the requirements of the zoning district where the lot is located.

3. Street Side Yard. The minimum street side yard setback shall be 10 feet.

4. Interior Side and Rear Yard. The minimum interior side and rear yard setback shall be four feet.

G. Fenestration. Windows and glazing areas shall comply with the following:

1. Tinted windows and colored glazing are prohibited.

2. Plastic glazing shall be prohibited for windows and skylights.

3. Functional and decorative shutters shall maintain the same dimensions as the associated glazing. Functional and decorative shutters shall be half the width of the associated window glazing (for paired shutters), or matching width for a single shutter.

4. Window materials, color, and style shall be consistent on all elevations.

5. Window trim, sills, and shutters shall be differentiated with accent materials or colors that vary from the adjacent building wall surfaces.

6. Windows shall be recessed at least two inches from surrounding exterior wall to the window glass surface or windows shall provide built-up sills and trim, at a minimum one-half inch thick, to create surface relief and texture.

7. Simulated mullions shall be allowed only when mullions are located on both the inside and outside faces of the glazing.

H. Floor Area. The floor area of the upper stories shall be limited to 40 percent of the floor area of the first floor.

I. Garages.

1. Front or side-entry attached garages are permitted and shall meet the dimensional requirements specified in Chapter 8.76.

2. An attached, front-entry garage shall be set back at least four feet behind the front plane of the structure to which it is attached.

3. Garage doors located in stucco walls shall be recessed a minimum of three inches from the surrounding building wall.
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 10 of 18

4. Garage doors located in masonry, wood clad, or similar siding, shall provide surrounding trim with a minimum width of three inches.

J. Impervious Area. Front and side yard setbacks shall be limited to a total of 40 percent impervious coverage.

K. Lighting. The following information for proposed exterior lighting fixtures shall be provided:

1. Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating.

2. Lighting locations indicated on building and/or site plans.

3. Mounting heights.

4. Exterior light fixtures shall be shielded from view off the site.

L. Lot Coverage. The Lot Coverage for any combination of SB 9 Units and Primary Dwelling Unit shall be cumulatively limited to the maximum lot coverage allowed by the residential zoning district where the lot is located, except as required to meet the By Right Provisions of this Chapter.

M. Mechanical Equipment. Mechanical and utility equipment shall be concealed from view from the public right-of-way. With the objective of fully screening the equipment, ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of four feet.

N. Parking. Parking shall conform to the Off-Street Parking and Loading Regulations (Chapter 8.76) except as modified by this Chapter.

1. A minimum of one off-street parking space shall be provided per unit, except if the parcel is located within:
a. One-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155 or a major transit stop, as defined in the Public Resource Code Section 21064.3. The transit frequency shall be based on the schedule posted by the transit agency when the City issues the first “completeness” letter for the respective application for a SB 9 Unit Development; or
b. One block of a car share vehicle.

2. Parking spaces shall not be located within the minimum side and rear yard setbacks. Parking spaces within an enclosed structure are encouraged. 425
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 11 of 18 O. Refuse Containers. Refuse containers or areas shall not be located within private driveways or be visible from the public right-of-way.

P. Rental Restrictions. Rental of any SB 9 Units or Primary Dwelling Unit shall not be less than for 30 consecutive days. Prior to the construction of an SB 9 Unit, a deed restriction, in a form approved by the City Attorney, shall be recorded setting forth setting for this limitation, and that the deed restriction may be enforced against future purchasers.

Q. Roof.

1. Roofs that result from alteration or addition to an existing main structure shall match the existing slope, form, and materials of the main structure.

2. Roof material and color shall be consistent throughout the entirety of the roof within each new or modified building. Except where its use is documented on existing adjacent structures, non-dimensional three-tab asphalt shingles, wood shake roofing, and corrugated metal, metal roll and standing seam, and plastic roofing materials shall be prohibited.

3. Fire-resistant alternatives such as, cement S-tile roofing, is permitted as a substitution for traditional materials such as clay tile.

4. New structures shall provide a roof that has a minimum slope of 3:12. A sloped roof shall be defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs shall be prohibited.

5. A minimum of 25 percent of the roof area shall be articulated with any combination of hip, gable, or shed dormers.

6. Roofs shall have a minimum overhang of 12 inches.

7. The roof styles and materials of detached garages and carports shall match the materials and detailing of main and accessory structures.

R. Separate Connections.

1. All attached or detached SB 9 Units shall have separate utility connections and meters.

2. Any attached or detached Accessory Dwelling Unit that becomes reclassified to a Primary Dwelling Unit as a result of an SB 9 Unit Development shall have separate utility connections and meters.

S. Separate Conveyance. SB 9 Units shall be designed for separate conveyance, as defined in this Chapter, in accordance with applicable building and fire code requirements.
426
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 12 of 18 T. Stairs. Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story shall be fully enclosed within the interior of a unit. A staircase on the exterior of a unit shall not be permitted.

U. Street Frontage.

1. Interior Lots. The front-entry of at least one unit shall be oriented to the street.

2. Corner Lots. The front-entry of each unit shall be oriented to face a street, and the front-entry of each unit shall not face the same street.

3. Connectivity. Street-facing entries shall be clearly identifiable and connected to the street by a pedestrian path with a minimum width of five feet.

4. Porch/Stoop. Street-facing entries shall provide either a porch or stoop that is a minimum of seven feet wide and five feet deep. Unroofed porches or stoops, with three open sides and not greater than six feet above the ground level, may not project more than three feet in the front yard setback and may not project more than two feet into the side yard setback.

8.81.080 Permitting Procedure.

In addition to the standard submittal requirements for a Building Permit, a SB 9 Unit Development shall comply with this Chapter and shall be subject to a ministerial Zoning Clearance to be reviewed and approved by the Community Development Director, without public hearings or discretionary review, in accordance with Chapter 8.116.

8.81.090 Action.

A. In any case, and notwithstanding the requirements of this Title, an application for an SB 9 Unit Development shall be ministerially reviewed and approved in accordance with this Chapter, and shall not be subject to any hearings or discretionary review.

B. Notwithstanding subsection A above, an application for an SB 9 Unit Development may be denied if the Chief Building Official, upon making written findings to the Community Development Director based on the preponderance of the evidence, finds the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:
427
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 13 of 18 K. SB 9 Unit Developments . Projects that are eligible for ministerial approval pursuant to the provisions of Chapter 8.81, SB 9 Unit Developments.

Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:

K. SB 9 Unit Developments. Projects that are requesting approval of an SB 9 Unit Development that meet the standards specified in Chapter 8.81.

Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:

K. SB 9 Unit Developments. If the Zoning Clearance is for an SB 9 Unit Development, the Applicant shall submit a “Zoning Clearance for SB 9 Unit Development” application form provided by the Community Development Department with such information requested on said form.

Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:

K. SB 9 Unit Developments. SB 9 Unit Developments shall be reviewed for consistency with Chapter 8.81, Government Code Sections 65852.21, and all other applicable objective standards in the Dublin Municipal Code. The Zoning Clearance approval for an SB 9 Unit Development shall be a completed “Zoning Clearance for SB 9 Unit Development” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.

Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to add the following subsection:

K. SB 9 Unit Developments. A Zoning Clearance issued in conjunction with a Building Permit for an SB 9 Unit Development shall expire when the Building Permit expires. If a Building Permit Application for an SB 9 Unit Development is not filed within a year of the Zoning Clearance approval, the Zoning Clearance shall become null and void.

Section 9.04.090 (Definitions) of Title 9 of the Dublin Municipal Code is amended to add the following definitions in alphabetical order:
“Flag Lot” means a lot as defined in Chapter 8.08.
“Primary Dwelling Unit” means a unit as defined in Chapter 8.81. “SB 9 Unit” means a unit as defined in Chapter 8.81.
“Unit” means an Accessory Dwelling Unit, a Junior Accessory Dwelling unit, a Primary dwelling Unit, and an SB 9 Unit.
428
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 14 of 18 “Urban Lot Split” means a subdivision of an existing single-family residential zoned parcel into two parcels using the provisions in Chapter 9.54 and the provisions identified in California Government Code Section 66411.7.

Chapter 9.08 (Tentative Tract and Tentative Parcel Maps) of Title 9 of the Dublin Municipal Code is amended to add the following Section:

9.08.015 Exemptions.

A tentative map is not required for an Urban Lot Split proposed under the provisions of Government Code Section 66411.7.

Title 9 of the Dublin Municipal Code is amended to add Chapter 9.54 (Urban Lot Splits) as follows:

9.54.010 Authority and purpose.

The purpose of this chapter is to implement Government Code Section 66411.7 by:

A. Establishing objective standards and regulations to govern the review and approval of Urban Lot Splits, which are qualified Senate Bill 9 properties in single- family residential zones;
B. Establishing a ministerial process to approve an Urban Lot Split in accordance with Government Code Section 66411.7;
C. Promoting the development of small ownership or rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes; and
D. Ensuring sound standards of public health and safety.

9.54.020 Applicability.

The provisions of this Chapter shall apply within the R-1 (Single-Family Residential) zoning district or any Planned Development District where Single-Family Residential uses are allowed. This Chapter shall not apply in the following situations:

A. Projects located on lots that are included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

B. Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as may be amended.

C. Projects involving the demolition or alteration of any of the following:
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 15 of 18

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Housing that has been occupied by a rental tenant at any time within the last three years.

D. Projects located on lots which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years.

E. Any parcel previously subdivided through prior exercise of an Urban Lot Split as provided for under this Chapter.

F. Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this Chapter. For the purposes of this section, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.

9.54.030 Application.

A parcel map application shall be required for all proposed Urban Lot Splits.

9.54.040 Form.

The form of the parcel map associated with an Urban Lot Split shall conform to the requirements of the Subdivision Map Act and Chapter 9.24 of this Title.

9.54.050 Filing and processing.

A. The parcel map shall be filed with the City Engineer for his or her examination for conformance to this Title 9 and the Subdivision Map Act.

B. Notwithstanding any other requirement under this Title 9, the City shall ministerially review and approve applications for an Urban Lot Split, without public hearings or discretionary review, subject only to the requirements of this Chapter.

9.54.060 Standards.

A. An Urban Lot Split shall result in no more than two parcels. 430
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 16 of 18 B. Parcels shall not be smaller than 40 percent of the lot area of the original parcel.

C. Each parcel shall have a minimum net area of 1,200 square feet.

D. The side property line of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side property lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces.

E. Parcels shall have a minimum width of 30 feet.

F. Parcels shall have a minimum depth of 40 feet.

G. Flag Lots.

1. A flag lot shall be allowed with an Urban Lot Split in a situation where a conventional lot would not allow for a second lot of at least 1,200 square feet.

2. The portion of the flag lot constituting the access corridor shall be excluded when determining compliance with minimum lot size requirement of this Chapter, from the site area, lot coverage, lot width, and lot depth as defined in Chapter 8.08.

3. The maximum width of the access corridor of the flag lot shall be 20 feet, except where greater width is required for fire department access.

4. Any fence constructed between the access corridor of a flag lot and the adjacent parcel shall not exceed 48 inches within the front yard of the adjacent property.

H. Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this Chapter.

I. Public utility, service and/or access easements shall be provided within the subdivision where required for public utility purposes, in accordance with Title 9.

J. Notwithstanding the requirements of this Chapter or the Zoning Ordinance, dedications of rights-of-way or the construction of offsite improvements for the parcels being created shall not be required.

K. Improvements Required. The following improvements shall be required of all Urban Lot Splits. The design and layout of such improvements shall conform to the generally acceptable engineering standards and to such objective standards as 431
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 17 of 18 approved by the City Engineer that are in effect at the time of the parcel map application submittal.

1. Sanitary Sewers. Each unit or lot within the Urban Lot Split shall be served by a community sewer collection system as required, unless an individual system is permitted.

2. Water Supply. Each unit or lot within the Urban Lot Split shall be served by an approved domestic water system.

3. Utilities. Each unit or lot within the Urban Lot Split shall be served by gas (if required), electric, telephone, and cable television facilities. All new utilities within the Urban Lot Split shall be placed underground except those facilities exempted by the Public Utilities Commission Regulations and as otherwise provided in this Title.

4. Storm Drainage. Storm water runoff from the Urban Lot Split shall be collected and conveyed by an approved storm drain system consistent with City standards.

L. Prior to the recordation of the parcel map, the applicant shall sign an affidavit, on a form approved by the City, stating that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum of three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the California Revenue and Taxation Code.

M. The parcel map created pursuant to an Urban Lot Split shall contain a note on the map, and respective deed restrictions shall be recorded with the Alameda County Recorder’s Office, indicating that parcels resulting from the Urban Lot Split were created using the provision of this Chapter and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted.

N. The proposed Urban Lot Split shall comply with all other applicable objective requirements of the Subdivision Ordinance and the Subdivision Map Act (Government Code Section 66410 et seq.) except as otherwise provided for in this Chapter. In the event of a conflict between the requirements of this Chapter and the requirements contained elsewhere in this Municipal Code, the provisions of this Chapter shall apply to the review and approval of Urban Lot Splits created hereunder.

9.54.070 Affordability requirement.

At minimum of one unit on the lots created by an Urban Lot Split shall be deed restricted as affordable to moderate income households based on the most recent Alameda County Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units 432
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 18 of 18 created by this Chapter are subject to the following subsections of the Inclusionary Zoning Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). Prior to recordation of a parcel map for an Urban Lot Split, a deed restriction stipulating this requirement to the satisfaction of the City, shall be recorded with the Alameda County Recorder’s Office.

9.54.080 Action.

Final action of a parcel map for an Urban Lot Split shall be in accordance with Chapter

9.24. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.

Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTEDthis 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:
_________________________________
City Clerk
433
Attachment 2
CHAPTER 8.08

DEFINITIONS

8.08.020 Definitions (A-Z)
SB 9 Unit. The term SB 9 Unit shall mean a dwelling unit that is developed using the provisions in Chapter 8.81, and the provisions identified in California Government Code Sections 65852.21 or 66411.7.

SB 9 Unit Development. The term SB 9 Unit Development shall mean a housing development as defined in California Government Code Section 65852.21.

CHAPTER 8.12

ZONING DISTRICTS AND PERMITTED USES OF LAND

8.12.050 Permitted and Conditionally Permitted Land Uses

RESIDENTIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
SB 9 Unit
Developments - ZC - - - - - - - - -
CHAPTER 8.20

RESIDENTIAL ZONING DISTRICTS

8.20.030 Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards.

K. SB 9 Unit Developments. For SB 9 Unit Developments, see Chapter 8.81.

CHAPTER 8.36

DEVELOPMENT REGULATIONS

8.36.020(A) Agricultural and Residential Development Regulations STANDARD A R-1 R-2 R-M

LOT AREA
Interior lot 100 acres 4,000 sq. ft. (5) 8,000 sq. ft. 5,000 sq. ft. 434