March 07, 2023 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Michael McCorriston, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Kashef Qaadri, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, March 7, 2023 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings
Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:
Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, March 7, 2023. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the public comment period ends, or until the public comment period on non- agenda items is closed.
Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.
When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
REGULAR MEETING
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
1 March 07, 2023 Dublin City Council Regular Meeting Agenda 2
3. ORAL COMMUNICATIONS
3.1 Employee Introductions
New City of Dublin Staff members, Chris Knight, Special Projects Manager with Information Systems, and Anne Hersch, Assistant Community Development Director with the Community Development Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff members.
Staff Report
3.2 Recognition of Outgoing Dublin Chief of Police Garrett Holmes The City Council will present a commendation to outgoing Dublin Chief of Police Garrett Holmes, in appreciation of his dedicated service to the City of Dublin and Alameda County.
STAFF RECOMMENDATION:
Present the commendation.
Staff Report
Attachment 1 - Commendation in Recognition of Dublin Chief of Police Garrett Holmes
3.3 Presentation from Ryan Clausnitzer, Alameda County Mosquito Abatement District The City Council will receive a presentation from Ryan Clausnitzer, District Manager of Alameda County Mosquito Abatement District, providing an overview of the District's activities.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
3.4 St. Patrick’s Day Celebration Preview
The City Council will receive a presentation that previews the annual St. Patrick’s Day Celebration, which will be held the weekend of March 17-19, 2023.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
Item 3.4 PowerPoint Presentation
3.5 American Red Cross Month Proclamation
The City Council will present a proclamation for American Red Cross Month.
STAFF RECOMMENDATION:
Present the proclamation.
Staff Report
Attachment 1 - American Red Cross Proclamation
3.6 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 2 March 07, 2023 Dublin City Council Regular Meeting Agenda 3
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.
4.1 Approval of the February 16, 2023 Special City Council Meeting and February 21, 2023 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the February 16, 2023 Special City Council Meeting and February 21, 2023 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the February 16, 2023 Special City Council Meeting and February 21, 2023 Regular City Council Meeting.
Staff Report
Attachment 1 - February 16, 2023 Special City Council Meeting Minutes Attachment 2 - February 21, 2023 Regular City Council Meeting Minutes
4.2 Funding Agreement with Tri-Valley Transportation Council for the Iron Horse Trail Bridge Project (CIP No. ST0118)
The City Council will consider approving an agreement with the Tri-Valley Transportation Council to accept $600,000 in funding for the Iron Horse Trail Bridge Project (CIP No.
ST0118).
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Funding Agreement With the Tri -Valley Transportation Council for the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118).
Staff Report
Attachment 1 - Resolution Approving a Funding Agreement With the Tri-Valley Transportation Council for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118
Attachment 2 - Exhibit A to the Resolution - Funding Agreement with the Tri-Valley Transportation Council
Attachment 3 - TVTC Resolution No. 2022-22
Attachment 4 - CIP No. ST0118
4.3 Authorization to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000
The City Council will consider authorizing the purchase of computers and related equipment from Dell Marketing, L.P. in excess of $45,000 through July 2023.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing Staff to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000.
Staff Report
Attachment 1 - Resolution Authorizing Staff to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000 Attachment 2 - Exhibit A to the Resolution - NASPO ValuePoint Master Agreement and Amendments 1,2,3,4 and 5.
3 March 07, 2023 Dublin City Council Regular Meeting Agenda 4
4.4 Approval of the 2023 City of Dublin Legislative Platform The City Council will consider approving the 2023 Legislative Platform, which guides the City’s response to potential and pending legislation, policies, programs, ballot measures, mandates, and budgets at all levels of government.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the 2023 City of Dublin Legislative Platform.
Staff Report
Attachment 1 - Resolution Approving the 2023 City of Dublin Legislative Platform Attachment 2 - Exhibit A to the Resolution - 2023 City of Dublin Legislative Platform Attachment 3 - February 7, 2023 Staff Report
4.5 Annual Progress Report on the Status on the General Plan and Housing Element for Calendar Year 2022
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 the California Department of Housing and Community Development (HCD). This Staff Report, including Attachment 1, serves as the City of Dublin’s APR for calendar year 2022.
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.
Staff Report
Attachment 1 - 2022 Housing Element Annual-Progress Report
4.6 Byname for a Segment of St. Patrick Way
The City Council will consider selecting a byname for the segment of St. Patrick Way in front of the future Avalon West residential project between Golden Gate Drive and Regional Street to frame an identity for this specific area and lend to its use for special events and linkage to the Downtown.
STAFF RECOMMENDATION:
Select “St. Pat’s Row” as the byname for the segment of St. Patrick Way in front of the future Avalon West Residential Project between Golden Gate Drive and Regional Street.
Staff Report
4.7 Appointment to Alameda County Mosquito Abatement District The City Council will consider the Mayor’s recommendation to appoint Councilmember Qaadri as the City of Dublin representative to the Alameda County Mosquito Abatement District.
STAFF RECOMMENDATION:
Confirm the Mayor’s recommendation by adopting the Resolution Making an Appointment to the Alameda County Mosquito Abatement District Board of Trustees.
Staff Report
Attachment 1 - Resolution Making an Appointment to the Alameda County Mosquito Abatement District Board of Trustees
5. WRITTEN COMMUNICATION – None.
4 March 07, 2023 Dublin City Council Regular Meeting Agenda 5
6. PUBLIC HEARING
6.1 Branaugh Property (PLPA-2021-00014)
The City Council will consider a request from Randy Branaugh of BEX Development for the Branaugh Property project, which includes an amendment to the existing Planned Development Zoning Stage 1 Development Plan, approval of a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306 and Development Agreement. The proposed project would establish zoning regulations and development standards for future development of up to 97 homes and approximately 527,773 square feet of industrial uses. The proposed project would also subdivide the
40.16-acre site into four parcels to accommodate proposed residential and industrial development. The City Council will also consider a determination that the project impacts are covered under the Eastern Dublin Specific Plan Environmental Impact Reports and no further environmental review is required.
STAFF RECOMMENDATION:
Conduct the public hearing and take the following actions: 1) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property; 2) adopt the Resolution Approving Vesting Tentative Parcel Map No. 9306 for the Branaugh Property; and 3) waive the reading and INTRODUCE the Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project.
Staff Report
Attachment 1 - Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property Attachment 2 - Exhibit A to the Ordinance - Architectural Guidelines Attachment 3 - Exhibit B to the Ordinance - Landscape Guidelines Attachment 4 - Resolution Approving Vesting Tentative Parcel Map No. 9306 for the Branaugh Property
Attachment 5 - Exhibit A to the Resolution - Vesting Tentative Parcel Map No. 9306 Attachment 6 - Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project Attachment 7 - Exhibit A to the Ordinance - Development Agreement Attachment 8 - CEQA Analysis in Support of Addendum
Attachment 9 - Planning Commission Resolution 23-01 without Exhibits Item 6.1 PowerPoint Presentation
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS
8.1 Designation of Agency Labor Negotiators for Unrepresented Employees: City Manager and City Attorney
The City Council will consider the appointment of two Councilmembers as representatives for the City Manager’s annual review and performance evaluation, including discussion of compensation matters, and two Councilmembers as 5 March 07, 2023 Dublin City Council Regular Meeting Agenda 6
representatives for the City Attorney’s annual review and performance evaluation, including discussion of compensation matters.
STAFF RECOMMENDATION:
Appoint two Councilmembers as representatives for the City Manager’s annual review and performance evaluation, including discussion of compensation, and appoint two Councilmembers as representatives for the City Attorney’s annual review and performance evaluation, including discussion of compensation.
Staff Report
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.
Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings .
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
6 STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introductions
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:
New City of Dublin Staff members, Chris Knight, Special Projects Manager with Information Systems, and Anne Hersch, Assistant Community Development Director with the Community Development Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff members.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff members, Chris Knight, Special Projects Manager, Information Systems, and Anne Hersch, Assistant Community Development Director, with the Community Development Department, will be introduced.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
7 STAFF REPORT
CITY COUNCIL
Agenda Item 3.2
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Recognition of Outgoing Dublin Chief of Police Garrett Holmes Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will present a commendation to outgoing Dublin Chief of Police Garrett Holmes, in appreciation of his dedicated service to the City of Dublin and Alameda County.
STAFF RECOMMENDATION:
Present the commendation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Garrett Holmes has been a member of the Alameda County Sheriff’s office for 29 years. During his service, he served Dublin, Eden Township, and Alameda County. He has consistently provided the residents of Dublin and Alameda County with quality law enforcement services while contributing to the growth, success and professional reputation of not only the City of Dublin and Alameda County, but to the many sworn and professional staff with whom he has worked. He has created a positive and effective work environment, while enhancing Dublin Police Services.
During his tenure, Garrett Holmes has climbed through the ranks, serving in many different capacities. Since 2017, he served as Commander and as the Chief of Dublin Police Services.
Commander Holmes was always considered fair and supportive in treatment of those who served under his command while keeping the agency needs in sight. His efforts insured that Dublin Police Services continued its commitment to serving the citizens of Dublin. 8
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Commendation in Recognition of Dublin Chief of Police Garrett Holmes 9 Attachment 1
A COMMENDATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
Dublin Chief of Police Garrett Holmes
WHEREAS, Chief Holmes began his career with the Alameda County Sheriff’s Office as a Deputy Sheriff in 1994 after graduating from the 100th Sheriff’s Academy; and
WHEREAS, Chief Holmes served as a Deputy Sheriff at the Santa Rita Jail, Eden Township Substation, and Dublin Police Services; and
WHEREAS, Chief Holmes was promoted to the rank of Sergeant by Sheriff Charles C. Plummer on May 22, 2005, and served at Dublin Police Services; and
WHEREAS, Chief Holmes was promoted to the rank of Lieutenant by Sheriff Charles C. Plummer on November 1, 2009, and served at the Glenn E. Dyer Facility and Santa Rita Jail; and WHEREAS, Chief Holmes was promoted to the rank of Captain by Sheriff Gregory J. Ahern on September 2, 2012, and served at the Oakland Airport Police Services and Dublin Police Services; and WHEREAS, Chief Holmes has served in several other capacities within the Alameda County Sheriff’s Office including as a member of the Sheriff’s Office Special Response Unit and 2014 Urban Shield Incident Commander; and WHEREAS, Chief Holmes was promoted to the rank of Division Commander by Sheriff Gregory J. Ahern on January 26, 2017, and served as the Commander of the County Wide Services Division and the Chief of Dublin Police Services; and WHEREAS, Chief Holmes has always been a proud and contributing member of Dublin Police Services and Alameda County Sheriff’s office; and
WHEREAS, for the past five years, Chief Holmes has cultivated a positive work environment for his deputies and staff and has established a strong presence in the community; and WHEREAS, Chief Holmes actively served the City of Dublin’s Community Task Force on Equity, Diversity, and Inclusion where he worked with community members to identify and implement ways to recognize, promote, and sustain diversity, equity and inclusion within Dublin Police Services and their service to the Dublin community, and WHEREAS, the City of Dublin applauds Chief Holmes for his impactful leadership and service to the Dublin community and for tirelessly working to keep the City of Dublin safe.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby commend Garrett Holmes on this 7 th day of March, for his many years of service in Dublin and Alameda County, California, and the United States.
DATED: March 7, 2023
_ ___ _
Mayor Melissa Hernandez Vice Mayor Michael McCorriston
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 10 STAFF REPORT
CITY COUNCIL
Agenda Item 3.3
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Presentation from Ryan Clausnitzer, Alameda County Mosquito Abatement District
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will receive a presentation from Ryan Clausnitzer, District Manager of Alameda County Mosquito Abatement District, providing an overview of the District’s activities.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Alameda County Mosquito Abatement District is a public agency focused on controlling mosquitoes and limiting the transmission of mosquito-borne diseases. The City Council will receive an overview of the District’s activities.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
11 STAFF REPORT
CITY COUNCIL
Agenda Item 3.4
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: St. Patrick’s Day Celebration Preview
Prepared by: Lauren Marriott, Recreation Coordinator
EXECUTIVE SUMMARY:
The City Council will receive a presentation that previews the annual St. Patrick’s Day Celebration, which will be held the weekend of March 17-19, 2023.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
The St. Patrick’s Day Celebration budget is included as part of the City’s annual operating budget.
DESCRIPTION:
The City of Dublin’s 39th St. Patrick’s Day Celebration will be held the weekend of March 17-19, 2023. The Celebration weekend includes the Shamrock Gala, the Parade, the Pancake Breakfast, the Festival, and Fun Run.
St. Patrick’s Day Festival
The signature event is the St. Patrick’s Day Festival, which runs March 18 and 19 from 10:00 a.m. to 5:00 p.m. at the Dublin Civic Center.
The Festival will strongly focus on Irish music, dance, food, and drink and will feature three outdoor stages. The Dance Stage is devoted to local youth dancers performing Irish Step Dance.
The Pub Stage will offer a mix of Irish music, including Celtic rock, Irish pub, and traditional Irish folk music. The Main Stage headliner bands include the popular Celtic rock band Tempest, Black Eyed Dempseys, CaliCeltic, the high-energy Irish Band Fast & Vengefully, One Eyed Reilly, and Avalon Rising. A roaming bagpiper and leprechaun will provide additional entertainment throughout the Festival.
12
The Festival will also feature an Irish Tea Cottage. Due to its popularity, the event will again be outside the Civic Center courtyard allowing for an open-air experience. Guests are served a variety of pastries along with freshly brewed Irish tea. Food Court vendors will sell traditional Irish fish and chips, bangers and mash, Guinness-marinated tri-tip, corned beef sliders, and Leprechaun Limeade. Guests will also have the opportunity to try local food truck favorites such as Cousins Maine Lobster and Ampuli South Indian Comfort Food. The Dublin Rotary Club will again manage beverage operations, with two bars serving Guinness, Harp, and Smithwick's beers on tap and local wine.
Vendors in the Irish Marketplace will sell Irish tartan kilts, scarves, authentic Irish dance costumes, wraps and capes, Celtic jewelry, artwork, metalwork, pottery, Irish shortbread, scones, and cakes. More than 100 other arts and crafts vendors will also be on hand. Carnival rides will be set up in a portion of the Dublin Sports Grounds parking lot and field. New this year will be a Gaelic Games Exhibition on March 19 and axe-throwing for adults and children.
To mitigate traffic and parking issues throughout the weekend, Staff has arranged offsite parking for sponsors, volunteers, vendors, and the public at Carl Zeiss Meditec, Inc., 5300 Central Parkway.
A free shuttle bus will operate from 7:00 a.m. to 6:00 p.m. both days, with stops at Carl Zeiss Meditec and Don Biddle Community Park. Staff is collaborating with local corporations, particularly those west of the Civic Center, to utilize their parking lots for public parking. The City provides participating business owners with insurance and arranges to have their lots swept clean after the event. Additionally, all neighboring businesses are provided with event information related to impacts on traffic and parking.
Furthermore, the City is again partnering with BART and LAVTA to offer free bus rides from both BART stations via the Wheels Rapid 30R bus making the celebration a “BARTable”event. Discount rides within the Tri-Valley will be available via Lyft and Uber. Cycling to the Festival is also encouraged, and the City will provide free secure bike parking.
Impacts to the Civic Center and Library parking lots will begin Wednesday, March 15, 2023, while setup is taking place.
Shamrock Gala
Prior to the Festival, the weekend kicks off on Friday evening with the Shamrock Gala, hosted by the Dublin Historical Society. The ticketed event takes place at the Dublin Senior Center. Tickets are $50 and are available on the Historical Society’s website.
Pancake Breakfast
On Saturday morning, Fire Station #16 and the International Association of Fire Fighters Local 55 will host the annual Firefighters Pancake Breakfast starting at 7:00 a.m. The breakfast will feature green pancakes, sausage, eggs, juice, and coffee.
Lions Club Parade
On Saturday, the Dublin Lions Club will host the 38th St. Patrick's Day Parade starting at 9:30 a.m.
The Parade begins at Dublin Boulevard and Amador Plaza Road, traveling east on Dublin 13
Boulevard, north on Village Parkway, and west on Amador Valley Boulevard to end near the Dublin Senior Center. The Parade is expected to feature more than 80 entries, including local marching bands, floats, equestrian groups, bagpipers, and community groups.
Fun Run
Sunday morning, the City-sponsored Shamrock 5K Fun Run and Walk will take to the streets. In the post-race area at the Festival's main stage, runners will enjoy live music, refreshments, and other giveaways. Many Festival vendors will open early to welcome runners at the finish line. The Fun Run is expected to attract more than 2,000 participants.
Sponsorship
Sponsorship and vendor recruitment are underway for this year's events. Sponsors for the Festival and Fun Run include Alamo Ace Hardware, Atlantis Orthodontics, Aloft, Empower Martial Arts, Dick’s Sporting Goods, Keypoint Credit Union, and more.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
14 Preview of the 2023
St. Patrick’s Day Celebration
City Council Meeting – March 7, 2023
15 Shamrock Gala
Friday, March 17 – 6:00 p.m.
16 Firefighter’s Pancake Breakfast
Saturday, March 18 - 7:00 a.m.
17 38th Annual Lion’s Club Parade
Saturday, March 18 – 9:30 a.m.
18 24th Annual Shamrock
5K Fun Run & Walk
Sunday, March 19 – 8:30 a.m.
19 39th Annual St. Patrick’s Day Festival
Saturday, March 18 & Sunday, March 19
10:00 a.m. – 5:00 p.m.
20 Pub & Main Stage
21 T ea Cottage & Irish Dance Stage
22 Carnival & Petting Zoo
23 Vendors & Food Court
24 Sponsors
25 See Y ou There!
26 STAFF REPORT
CITY COUNCIL
Agenda Item 3.5
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: American Red Cross Month Proclamation
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will present a proclamation for American Red Cross Month.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The American Red Cross is celebrating its 142nd anniversary in March 2023. The annual recognition of this group raises awareness of its mission and acknowledges the work of its volunteers, financial and blood donors, community partners, and those trained in vital health and safety skills.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) American Red Cross Month Proclamation
27 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“American Red Cross Month”
WHEREAS, the American Red Cross was founded in 1881 by Clara Barton and this year marks their 142nd anniversary; and WHEREAS, the American Red Cross is a leading volunteer agency chartered and authorized by Congress to act in times of need and provide compassionate assistance to people afflicted by personal, local, or national disasters; and WHEREAS, for over 100 years, United States presidents have cal led on the American people to support the American Red Cross and its humanitarian mission; and
WHEREAS, with over 1,500 volunteers, the American Red Cross Bay Area Chapter installed 690 smoke alarms in 2022 and responded to 239 local disasters last year alone; and
WHEREAS, people have counted on the Red Cross for the information and skills they need to be safe at home, work, school, and play, and last year the Red Cross Bay Area Chapter trained 12,634 people in lifesaving CPR, First Aid, and water safety , and 1,391 local individuals and families received fire prevention training and supplies; and WHEREAS, the Red Cross staff deployed with the U.S. Military to provide emergency communications, counseling, financial assistance, and a caring presence to 583 local military families; and
WHEREAS, American Red Cross Blood Services supports Bay Area hospitals by providing them with more than 30,738 units of red cells, platelets, and plasma annually to patients in need.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 202 3 as American Red Cross Month in the City of Dublin and thanks the American Red Cross for their invaluable work and efforts not only in our community, but around the country.
DATED: March 7, 2023
Mayor Melissa Hernandez Vice Mayor Michael McCorriston
_______
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 28 STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the February 16, 2023 Special City Council Meeting and February 21, 2023 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the February 16, 2023 Special City Council Meeting and February 21, 2023 Regular City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the February 16, 2023 Special City Council Meeting and February 21, 2023 Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) February 16, 2023 Special City Council Meeting Minutes 2) February 21, 2023 Regular City Council Meeting Minutes DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the February 16, 2023 Special City Council Meeting and February 21, 2023 Regular City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
29 MINUTES OF THE CITY OF DUBLIN
CITY COUNCIL, PLANNING COMMISSION,
PARKS AND COMMUNITY SERVICES
COMMISSION, HUMAN SERVICES COMMISSION,
HERITAGE AND CULTURAL ARTS COMMISSION,
AND SENIOR CENTER ADVISORY COMMITTEE
Joint Special Meeting: February 16, 2023
MINUTES 1
JOINT SPECIAL MEETING
FEBRUARY 16, 2023
A Joint Special Meeting of the Dublin City Council, Planning Commission, Heritage and Cultural Arts Commission, Senior Center Advisory Committee, Parks and Community Services Commission, and Human Services Commission was held on Thursday, February 16, 2023, at 6:30 p.m. at the City Council Chamber, 100 Civic Plaza, Dublin, CA 94568. The meeting was called to order at 6:30 PM, by Vice Mayor McCorriston.
1. Call to Order and Pledge of Allegiance
Attendees Present Title
Melissa Hernandez Mayor – Arrived 6:45pm
Michael McCorriston Vice Mayor
Jean Josey Councilmember
Sherry Hu Councilmember
Matthew Aini Planning Commissioner
Catheryn Grier Planning Commissioner
Nicholas Ochoa Planning Commissioner (Alternate 2)
Stephen E. Wright Planning Commissioner
Renata Tyler Planning Commissioner
Daniel Colley Parks and Community Services Commissioner (Alternate 1) Matthew Giller Parks and Community Services Commissioner Laura Gan Parks and Community Services Commissioner (Alternate 2) Advaith Anoop Krishna Parks and Community Services Commissioner (Student PCSC Rep) Richard Thornbury Parks and Community Services Commissioner Regis Harvey Human Services Commissioner
Siyu Henningsen Human Services Commissioner (Alternate 2) Rose Hunt Human Services Commissioner
Mariam Noorzad Human Services Commissioner (Alternate 1) Shawn Costello Human Services Commissioner
Shweta Agrawal Heritage and Cultural Arts Commissioner
Timea Iharosi Heritage and Cultural Arts Commissioner
Darren Phillips Heritage and Cultural Arts Commissioner (Alternate 1) Julia Tomtania Heritage and Cultural Arts Commissioner
Margaret Liang Heritage and Cultural Arts Commissioner
A Kelly Paschal-Hunter Heritage and Cultural Arts Commissioner Attachment 1
30 MINUTES 2
JOINT SPECIAL MEETING
FEBRUARY 16, 2023
Samir Qureshi Senior Center Advisory Committee Member
Shweta Bhatnagar Senior Center Advisory Committee Member (Alternate 1) Steve Kau Senior Center Advisory Committee Member
Christy Li Senior Center Advisory Committee Member
Kebin Lu Senior Center Advisory Committee Member
Loc Valencia Senior Center Advisory Committee Member
2. AB-1234 Mandatory Ethics Training – Principles of Ethics and The Law in Public Service
AB-1234 Mandatory Ethics Training was provided by Claire Lai and Erica Gonzalez of Meyers Nave.
Adjournment
The meeting was adjourned by Mayor Hernandez at 8:35 p.m.
Mayor
ATTEST:
City Clerk
31 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: February 21, 2023
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
February 21, 2023
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings
CLOSED SESSION 6:30 PM
I. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: 1 case
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, February 21, 2023, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present via Zoom
Kashef Qaadri, Councilmember Present
2) REPORT ON CLOSED SESSION
Mayor Hernandez reported there was no reportable action out of Closed Session. 3) ORAL COMMUNICATIONS
3.1) Employee Introduction
New City of Dublin Staff member, Kira Evers, GIS Coordinator with the Public Works Department, was introduced.
Attachment 2
32 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
February 21, 2023
3.2) Presentation from Timothy Haile, Executive Director, with Contra Costa Transportation Authority
The City Council received an update from Timothy Haile, Executive Director of the Contra Costa Transportation Authority (CCTA) on CCTA's programs, projects, vision for the future, and the INNOVATE 680 Program.
3.3) Public Comment
Rasika provided public comment.
Abhilash Raman provided public comment.
4) CONSENT CALENDAR
4.1) Approved the February 7, 2023, Regular City Council Meeting Minutes.
4.2) Adopted Resolution No. 13-23 titled, “Terminating the Proclamation of Existence of a Local Emergency Related to the COVID-19 Pandemic.”
4.4) Received a financial report through the second quarter of Fiscal Year 2022-23 and approved a budget change.
4.5) Received listings of payments issued from December 2022 and January 2023, totaling $9,231,603.25 and $10,630,200.56 respectively.
4.7) Adopted Resolution No. 14-23 titled, “Amending the Classification Plan,” Resolution No. 15-23 titled, “Amending the Salary Plan for Management Positions Exempt from Competitive Service and for Full-Time Personnel,” and Resolution No. 16-23 titled, “Amending the City of Dublin Position Allocation Plan for Fiscal Year 2022-23.” On a motion by Councilmember Josey, seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council adopted the Consent Calendar items, except for items 4.3 and 4.6.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
4.3) Two-Year Strategic Plan Quarterly Update
This item was pulled from the consent calendar by Vice Mayor McCorriston for further discussion and to ask clarifying questions.
33 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
February 21, 2023
4.6) City Treasurer's Informational Report of Investments for the Quarter Ending December 31, 2022
This item was pulled from the consent calendar by Councilmember Qaadri for clarifying questions.
On a motion by Councilmember Qaadri and seconded by Councilmember Josey, and by unanimous vote, the City Council accepted Consent Calendar items 4.3 and 4.6.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
5) WRITTEN COMMUNICATION – None.
6) PUBLIC HEARING – None.
7) UNFINISHED BUSINESS
7.1) Amador Station First Amended and Restated Community Benefit Program Agreement and Amended and Restated Affordable Housing Assistance Agreement and Transfer of the Agreements to The Related Companies of California (PLPA-2021-00019)
The City Council received a presentation regarding an Amended and Restated Community Benefit Program Agreement and an Amended and Restated Affordable Housing Assistance Agreement with The Related Companies of California, LLC for the development of the 300- unit Amador Station affordable housing development located on Golden Gate Drive adjacent to the West Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan area.
Mayor Hernandez opened the public comment period.
Kevin Fryer provided public comment.
Mayor Hernandez closed the public comment period.
On a motion by Councilmember Josey, seconded by Councilmember Qaadri, and by a three- to-two vote, the City Council adopted Resolution No. 17-23 titled, “Approving a First Amended and Restated Community Benefit Program Agreement and an Amended and Restated Affordable Housing Assistance Agreement Between the City of Dublin and the Related Companies of California, LLC, for the Amador Station Affordable Housing Project.” 34 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
February 21, 2023
RESULT: ADOPTED [3-2 Vote]
MOVED BY: Jean Josey, Councilmember
SECOND: Kashef Qaadri, Councilmember
AYES: Josey, Hu, Qaadri
NOES: Hernandez, McCorriston
Mayor Hernandez called for a break at 9:37 p.m.
Mayor Hernandez reconvened the meeting at 9:42 p.m.
8) NEW BUSINESS
8.1) Community Charging Program Request from Dublin Chevrolet The City Council received a presentation regarding a request from Dublin Chevrolet to provide electric vehicle (EV) charging stations to the City through the General Motors Dealer Community Charging Program.
Mayor Hernandez opened the public comment period. Upon receiving no public comments, Mayor Hernandez closed the public comment period.
By consensus, the City Council authorized the City Manager to negotiate and enter into an agreement with Dublin Chevrolet to provide EV charging stations at a City of Dublin facility, subject to conditions, through the General Motors Dealer Community Charging Program, authorized the City Manager to enter into an agreement with FLO for EV charging services, and directed Staff to come back to the City Council with information on how data collected would be used and with an update on the negotations before entering into the agreement.
8.2) Informational Report on the Sister City Program
The City Council received a report on the Sister City program.
Mayor Hernandez opened the public comment period.
Guy Houston provided public comment.
Mayor Hernandez closed the public comment period.
By consensus, the City Council directed the City Manager to solicit a group to re-establish a Dublin Sister City program and identify the various programmatic elements. 35 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
February 21, 2023
9) OTHER BUSINESS
The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
By consensus, the City Council directed Staff to investigate a better way to ensure garbage is picked up throughout the City.
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 10:50 p.m.
Mayor
ATTEST:
City Clerk
36 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Funding Agreement with Tri-Valley Transportation Council for the Iron Horse Trail Bridge Project (CIP No. ST0118)
Prepared by: William Wahbeh, Associate Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with the Tri-Valley Transportation Council to accept $600,000 in funding for the Iron Horse Trail Bridge Project (CIP No. ST0118).
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Funding Agreement With the Tri-Valley Transportation Council for the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118).
FINANCIAL IMPACT:
As approved in the 2022-2027 Capital Improvement Program, the total budget for the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118) is $14,004,439. The Funding Agreement will provide $600,000 of the total project budget. The $600,000 is shown in the CIP budget as Funding Source 9997 - Other. There is no impact to the General Fund.
DESCRIPTION:
The Five-Year Capital Improvement Program (CIP) includes the Iron Horse Trail Bridge at Dublin Boulevard Project (CIP No. ST0118). The construction contract for the bridge was awarded to Goodfellow Sequoia Joint Venture on March 1, 2022 (Resolution No. 18-22) and the bridge is currently under construction. The project is constructing a pedestrian and bicycle bridge structure, support foundations, and graduated ramps facilitating connection to the existing at- grade trail on the north and south sides of Dublin Boulevard at the intersection of Scarlett Drive.
The expected project completion is Fall of 2023.
As part of the construction award, the budget was increased by $2,400,000 of which $600,000 was identified as future appropriations from the Tri-Valley Transportation Council (TVTC) in their Nexus Study updated in August 2021. On April 18, 2022, the TVTC unanimously adopted the 37
2022 Strategic Expenditure Plan Update and Funding Plan, which included the Iron Horse Bridge project. On October 17, 2022, the TVTC approved Resolution No. 2022-22 (Attachment 3) allocating $600,000 from their Tri-Valley Transportation Development Fund to the City of Dublin and approving the draft funding agreement.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving a Funding Agreement With the Tri-Valley Transportation Council for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118 2) Exhibit A to the Resolution - Funding Agreement with the Tri-Valley Transportation Council 3) Tri-Valley Transportation Council Resolution No. 2022-22 4) CIP No. ST0118
38 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A FUNDING AGREEMENT WITH THE TRI-VALLEY TRANSPORTATION
COUNCIL FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT, CIP NO. ST0118
WHEREAS, on February 20, 2018, the City Council adopted Resolution No. 15-18, approving a new Capital Improvement Program Project, the Iron Horse Trail Bridge at Dublin Boulevard (“Project”) and approving a Consulting Services Agreement with Mark Thomas & Company, Inc. for the final design phase for the Project; and WHEREAS, the City of Dublin, as one of the members of the Tri-Valley Transportation Council (“TVTC”), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri- Valley Transportation Development Fee (“TVTDF”); and
WHEREAS, the City is the Project sponsor and requested a TVTDF funding allocation; and
WHEREAS, the Project is identified on List C of the TVTC Strategic Expenditure Plan (“SEP”) and is programmed for funding in the SEP Funding Plan; and WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 18-22, awarding construction of the Project to Goodfellow Sequoia A JV and increasing the budget by $2,400,000 and identifying TVTDF as a future funding source covering $600,000; and WHEREAS, on October 17, 2022, TVTC approved the allocation of $600,000 of TVTDF funds for the Project (TVTC Resolution No. 2022-22); and WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Funding Agreement with the Tri-Valley Transportation Council, attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Funding Agreement, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution. {Signatures on the following page}
39 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
40 TRI-VALLEY TRANSPORTATION COUNCIL
FUNDING AGREEMENT BETWEEN
THE TRI-VALLEY TRANSPORTATION COUNCIL AND CITY OF DUBLIN FOR THE ALLOCATION OF TVTDF FUNDS IN THE AMOUNT OF $600,000 FOR THE
IRON HORSE TRAIL BICYCLE PEDESTRIAN OVERCROSSING AT DUBLIN BOULEVARD PROJECT (Project C.11C)
This AGREEMENT is made and entered into as of , 2023 by and between the Tri-Valley Transportation Council and the City of Dublin (DUBLIN), collectively referred to herein as the “Parties.”
RECITALS
A. WHEREAS, DUBLIN, as one of the members of the Tri-Valley Transportation Council (“TVTC”), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri- Valley Transportation Development Fee (“TVTDF”); and
B. WHEREAS, the Iron Horse Trail Bicycle Pedestrian Overcrossing at Dublin Boulevard Project (“Project”) is identified on List C of the TVTC Strategic Expenditure Plan (“SEP”) and is programmed for funding in the SEP Funding Plan; and C. WHEREAS, DUBLIN is the Project sponsor and requested a TVTDF funding allocation; and
D. WHEREAS, pursuant to Resolution No. 2022-22, TVTC approved the allocation of $600,000.00 of TVTDF funds to DUBLIN for the Project; and E. WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Attachment 2
41 TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation Council
2 SECTION I
TVTC AGREES:
A. To allocate and transmit to DUBLIN $600,000.00 of TVTDF funds for the Project.
DUBLIN AGREES:
A. To utilize the TVTDF funds solely for the Project, in accordance with the SEP.
B. To keep and maintain accurate documentation consistent with Generally Accepted Accounting Principles (GAAP) related to the expenditure of the TVTDF funds allocated for the Project.
C. To make any and all documentation related to the Project’s use of TVTDF funds available to TVTC or its representatives upon request.
D. To promptly notify TVTC of any unspent TVTDF funds after Project completion and promptly return said funds to TVTC.
SECTION II
IT IS MUTUALLY AGREED:
A. Any notice given under this Funding Agreement shall be in writing and shall be deemed given if delivered personally or mailed by registered or certified mail or commercial overnight courier, return receipt or confirmation of delivery requested, or by facsimile transmission with voice confirmation of receipt, the parties at the following addresses (or at such other address for a party as shall be specified by like notice):
If to DUBLIN:
Michael Boitnott, Capital Improvement Program Manager
City of Dublin
Transportation Division
100 Civic Plaza
Dublin, CA 94568
[email protected]
If to TVTC:
Sai Midididdi, T.E
Attention: TVTC Administrator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
[email protected]
42 TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation Council
3 SIGNATURES ON THE NEXT PAGE
CITY OF DUBLIN
A Municipal Corporation
“DUBLIN”
Linda Smith, City Manager
APPROVED AS TO FORM:
John Bakker, City Attorney
ATTEST:
Marsha Moore, City Clerk
City Council Resolution No.
TRI-VALLEY TRANSPORTATION
COUNCIL
Jean Josey, Chair
APPROVED AS TO FORM:
Steven Mattas, TVTC Counsel
ATTEST:
Sai Midididdi, TVTC Administrator
43 TRI-VALLEY TRANSPORTATION COUNCIL
T
RI-VALLEY TRANSPORTATION COUNCIL
RESOLUTION NO. 2022-22
A RESOLUTION OF THE TRI-VALLEY TRANSPORTATION COUNCIL
TO ALLOCATE $600,00 IN TRI-VALLEY TRANSPORTATION
DEVELOPMENT FEE (TVTDF) FUNDS TO THE CITY OF DUBLIN FOR STRATEGIC EXPENDITURE PLAN PROJECT C.11C IRON HORSE TRAIL BICYCLE- PEDESTRIAN OVERCROSSING AT DUBLIN BOULEVARD ROAD FOR FY 2022- 2023
WHEREAS, in 1995, the Tri-Valley Transportation Council (TVTC) adopted the “Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional Significance; and WHEREAS, in 1998, the TVTC, and the City of Dublin entered into a Joint Exercise Powers of Agreement (JEPA) to provide authority to collect a Tri-Valley Transportation Development Fee (TVTDF) to collect impact fees for the traffic mitigation to be applied to TVTC priority projects; and
WHEREAS, on August 16, 2021 TVTC unanimously approved Resolution No. 2021-10 Adopting the Tri-Valley Transportation Council 2020 Nexus Fee Update Study; and WHEREAS, on April 18, 2022, the TVTC unanimously approved Resolution No 2022-07 Adopting the Strategic Expenditure Plan (SEP) Update and SEP Funding Plan, which guides the expenditure of revenue collected from TVTDF; and WHEREAS, the SEP identifies priorities, project sponsors, and funding for TVTDF projects; and
WHEREAS, the 2022 Strategic Expenditure Plan Update programmed $600,000 in fiscal year 2022-23 for the Iron Horse Trail Bicycle Pedestrian Overcrossing at Dublin Boulevard(Project C-11C); and
WHEREAS, construction of the Project is underway and is anticipated to be complete in the spring of 2023; and
WHEREAS, the City of Dublin is the project sponsor and has requested project funding allocation.
Attachment 3
44 TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation Council
2 NOW THEREFORE, the Tri-Valley Transportation Council resolves as follows:
1. The TVTC authorizes the TVTC Administrator and Treasurer to transmit $600,000 in funds from the TVTDF account to the City of Dublin, the project sponsor for the Iron Horse Trail Bicycle Pedestrian Overcrossing at Dublin Boulevard Project (Project C.11C);
2. The TVTC approves the draft Funding Agreement between TVTC and the City of Dublin substantially in the form attached hereto and incorporated herein as Exhibit A, subject to final review and minor modification by TVTC’s General Counsel, and authorizes the Chair to execute the Funding Agreement;
3. The TVTC authorizes any related activities necessary to further the intent of this resolution.
PASSED, APPROVED AND ADOPTED at the meeting of October 17, 2022, by the following votes:
AYES: Brown, Anderson, Perkins, Arnerich, Josey
NOES:
ABSENT: Haubert, Kiick
ABSTAIN:
________________________________
Jean Josey, Chair
Tri-Valley Transportation Council
ATTEST:
_____________________________________
Sai Midididdi, TVTC Administrative Staff
45 Number ST0118 Program STREETS
ESTIMATED COSTS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE
YEARS TOTALS
9100 $58,373 $97,087 $155,460
9200 $982,791 $1,436,749 $2,419,540
9400 $10,816,979 $600,000 $11,416,979
9500 $4,960 $7,500 $12,460
$1,046,124 $12,358,315 $600,000 $14,004,439
FUNDING SOURCE
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE
YEARS TOTALS
2201 $12,325 $832,715 $845,040
2204 $51,008 $536,972 $587,980
2205 $17,322 $382,678 $400,000
2207 $856,419 $856,419
2214 $400,000 $400,000
2215 $300,000 $300,000
2217 $801,986 $5,243,014 $6,045,000
2218 $1,500,000 $1,500,000
2220 $163,482 $806,518 $970,000
4301 $500,000 $500,000
4401 $1,000,000 $1,000,000
9997 $600,000 $600,000
$1,046,124 $12,358,315 $600,000 $14,004,439
ANNUAL OPERATING IMPACT $50,000 $50,000 $50,000 $50,000
IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD
Salaries & Benefits
2022-2027 CAPITAL IMPROVEMENT PROGRAM
Measure B Sales Tax - Local Streets Fund
(ACTC)
Measure BB Sales Tax - Bike & Pedestrian
Fund (ACTC)
TFCA/Transportation for Clean Air
Measure BB Sales Tax - Local Streets Fund
(ACTC)
Contract Services
Improvements
Miscellaneous
TOTAL
State Gas Tax
TOTAL
Road Maint. & Rehab. Account (RMRA)
Other
Measure B Sales Tax - Bike & Pedestrian Fund
(ACTC)
Measure RR - Safe Routes to BART
Dublin Crossing Fund
Eastern Dublin Transportation Impact Fee
Measure BB Grants
PROJECT DESCRIPTION
This project provides for the planning, design, and construction of the Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. The project will construct a truss arch bridge consistent with the Iron Horse Trail Feasibility Study and preliminary bridge design, approved by the City Council on November 7, 2017. The bridge will provide safer and easier trail access, including access to and from the Dublin-Pleasanton BART station.
The Alameda County Transportation Commission (ACTC) approved an allocation of $1,294,000 of Measure BB discretionary funds in Fiscal Year 2017-18 for the bridge design and environmental clearance. On June 17, 2019, ACTC approved additional funding in the amount of $4,751,000 of Measure BB and $856,419 of Transportation for Clean Air funds for the construction phase of the project. The project will also receive funding of $1,000,000 for construction from a Developer contribution from the Boulevard Project. Fall of 2020, BART approved $1,500,000 of Measure RR Safe Routes to BART Grant for the construction phase of the project. Construction of the project was awarded by the City Council on March 1, 2022 and is anticipated to be completed in summer 2023.
The $600,000 identified as "Other" is from the Tri-Valley Transportation Development Fee.
ANNUAL OPERATING IMPACT: $50,000
MANAGING DEPARTMENT: Public Works
Attachment 4
46 STAFF REPORT
CITY COUNCIL
Agenda Item 4.3
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Authorization to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000
Prepared by: Steve Windsor, C hief Information Security Officer EXECUTIVE SUMMARY:
The City Council will consider authorizing the purchase of computers and related equipment from Dell Marketing, L.P. in excess of $45,000 through July 2023.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing Staff to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000.
FINANCIAL IMPACT:
The funding to purchase computer-related supplies is included in the General Fund Budget and Internal Service Fund Budget approved by the City Council as part of the annual budget process.
DESCRIPTION:
Over the last several years, the City has engaged Dell Marketing, L.P. for computer-related purchases for daily business operations. The City routinely replaces computers and related equipment when these items reach the end of service life, currently defined as four years or longer for desktops and mobile devices. The City has typically utilized Dell computer equipment for its desktop and server operating systems and displays. These products, as well as Dell’s customer service and build quality, have been well regarded by Staff.
Purchases thus far in Fiscal Year 2022-23 have been under the City Manager’s $45,000 purchasing threshold outlined in the Municipal Code and have therefore not required City Council approval.
In preparation for the next round of equipment updates, Staff is requesting the City Council’s approval to continue to use Dell for software and hardware products. 47
Section 2.36.100.A.9 of the City's Purchasing Policy provides an exemption to the competitive bidding process when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment. Dell offers its products to local government agencies based on an agreement with the National Association of State Procurement Officials (NASPO) ValuePoint Cooperative Purchasing Program. The NASPO ValuePoint agreement was competitively bid and is a Master Contract that can be utilized by local government agencies. This procurement tool has been used effectively by the City for several years.
The original NASPO agreement and subsequent amendments are included as Attachment 2. The most recent amendment extends the agreement to July 31, 2023. Approval of the Resolution (Attachment 1) will authorize the City Manager or designee to approve purchases from Dell in excess of $45,000 until the agreement expiration.
STRATEGIC PLAN INITIATIVE:
None
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000
2) Exhibit A to the Resolution – NASPO ValuePoint Master Agreement and Amendments 1-5 48 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 RESOLUTION NO. xx - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING STAFF TO PURCHASE COMPUTERS AND RELATED EQUIPMENT FROM DELL MARKETING, L.P. IN EXCESS OF $45,000
WHEREAS, the City requires the use of desktop computers and related equipment for City operations and routinely replaces computers and related equipment that has reached the end of its useful life; and
WHEREAS, Staff desires to purchase computer equipment from Dell Marketing, L.P.; and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and
WHEREAS, Dell Marketing, L.P. has a valid pricing agreement publicly bid by NASPO ValuePoint, which meets this Municipal Code provision for a publicly bid agreement, contract # MNWNC-108, and the agreement is valid through July 31,2023 (Exhibit A); and WHEREAS, Staff anticipates that the total cost of products purchased from Dell Marketing, L.P. will exceed $45,000, and Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment with a cost greater than or equal to $45,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager as Purchasing Agent to purchase computers and related equipment from Dell Marketing, L.P., with a total cost greater than or equal to $45,000, under a purchasing agreement publicly bid by NASPO ValuePoint through the term of the contract.
PASSED, APPROVED AND ADOPTED this 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Mayor
ATTEST:
______________________________________
City Clerk
49 Attachment 2
Exhibit A to the Resolution
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
STATE OF MINNESOTA
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
May 7, 2021
Alyssa Sayles
Dell Marketing L.P.
One Dell Way
Mailstop RR1-33 Legal
Round Rock, TX 78682
Dear Ms. Sayles:
Please find enclosed Amendment 3 to NASPO Master Agreement No. MNWNC-108 for you to complete and return.
Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 14, 2021.
A current certificate of insurance from your insurer, in the amounts called for in the contract, is required now to complete the contract document. The insurance requirements are attached for your convenience. Please have your insurance provider send a copy of the COI electronically to Elizabeth Randa at [email protected]. No contract document will be executed with your company until the COI has been received and approved.
If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company.
If you have any questions, please feel free to contact me.
Sincerely,
Andy Doran
IT Acquisitions Supervisor
Enclosure(s)
cc: Pamela Kunhart
DocuSign Envelope ID: EAC889CC-0F07-480E-AB62-8DFA4A153228 88 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 3 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2021 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2022, at the same prices, terms, and conditions.
This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. Dell Marketing L.P.
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
DocuSign Envelope ID: EAC889CC-0F07-480E-AB62-8DFA4A153228 Contract Administrator
5/10/2021
Alyssa Sayles
5/14/2021
5/14/2021
89 STATE OF MINNESOTA
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 12, 2022
Renee Brand
Dell Marketing L.P.
One Dell Way
Mailstop RR1-33 Legal
Round Rock, TX 78682
Dear Ms. Brand:
Amendment No. 4 to NASPO Master Agreement No. MNWNC-108 is enclosed for you to complete and return.
Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 20, 2022.
If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company.
If you have any questions, please feel free to contact me.
Sincerely,
Andy Doran
IT Acquisitions Supervisor
Enclosure(s)
cc: Cyndi Radel
Greg Garritty
Mike Hendrix
DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878 90 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 4 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 4 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2022 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-108 is extended through February 28, 2023, at the same prices, terms, and conditions.
This Amendment is effective beginning August 1, 2022, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. Dell Marketing L.P.
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878 5/26/2022
Contract Administrator
Alyssa Sayles
5/26/2022
5/26/2022
91 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 5 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 5 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 1, 2015, through February 28, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2023, at the same prices, terms, and conditions.
This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. Dell Marketing L.P.
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
DocuSign Envelope ID: A1131CC0-2CC4-4271-AFF0-B574CFFD18AE 1/10/2023
ParaLegal Advisor
Katherine Castillo
2/1/2023
2/1/2023
92 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 5 to NASPO Master Agreement MNWNC-109
AMENDMENT NO. 5 TO NASPO MASTER AGREEMENT NO. MNWNC-109 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and EMC Corporation, 176 South Street, Hopkinton, MA 01748 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-109, April 1, 2015, through February 28, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-109 is extended through July 31, 2023, at the same prices, terms, and conditions.
This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. EMC Corporation
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
DocuSign Envelope ID: A1131CC0-2CC4-4271-AFF0-B574CFFD18AE 1/10/2023
ParaLegal Advisor
Katherine Castillo
2/1/2023
2/1/2023
93 STAFF REPORT
CITY COUNCIL
Agenda Item 4.4
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the 2023 City of Dublin Legislative Platform Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will consider approving the 2023 Legislative Platform, which guides the City’s response to potential and pending legislation, policies, programs, ballot measures, mandates, and budgets at all levels of government, and provide direction to Staff.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the 2023 City of Dublin Legislative Platform.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Each year the City Council approves a Legislative Platform that includes the goals, strategies, and priorities for organizing the City’s legislative advocacy efforts. At the February 7, 2023, meeting, the City Council reviewed and provided comments on the Draft 2023 Legislative Platform and had no significant proposed revisions or edits. A copy of the February 7, 2023, Staff Report can be found in Attachment 3.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
94
ATTACHMENTS:
1) Resolution Approving the 2023 City of Dublin Legislative Platform 2) Exhibit A to the Resolution - 2023 City of Dublin Legislative Platform 3) February 7, 2023 Staff Report
95 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE 2023 CITY OF DUBLIN LEGISLATIVE PLATFORM
WHEREAS, the 2023 City of Dublin Legislative Platform (“Platform”) outlines the City’s legislative priorities and positions to inform residents, representatives, and policy makers; and WHEREAS, these legislative priorities are guided by three General Legislative Principles and Public Policy Positions which will determine the City’s position on various legislative proposals; and
WHEREAS, the Platform provides Staff with direction and authorizes them, on the City Council’s behalf, to quickly respond in support or opposition to bills and other legislative or gubernatorial actions in time-sensitive situations, in accordance with the processes identified in the Platform.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin adopts the 2023 City of Dublin Legislative Platform attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the Mayor or her designee is authorized to sign letters of opposition or letters of support as drafted by City Staff for legislation as long as they are consistent with the Platform.
PASSED, APPROVED AND ADOPTED this 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
96 2023 LEGISLATIVE PLATFORM
FEDERAL AND STATE POLICY PRIORITIES
M
ARCH 2023
Attachment 2
Exhibit A to the Resolution
97 Introduction
Many public policies intersect with City priorities, programs, and services. This 2023 Legislative Platform (Platform) outlines the City of Dublin’s legislative priorities and positions on these policies to inform residents, representatives, and policymakers. These priorities are applicable to all relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets.
The Mission of the City of Dublin is to promote and support a high quality of life, ensure a safe and secure environment, foster new opportunities, provide equity across all programs, and champion a culture of diversity and inclusion. This Mission shall guide the City’s Legislative Platform.
This Platform provides Staff with direction and authorizes them, on the City Council’s behalf, to quickly respond in support of or opposition to bills and other legislative or gubernatorial actions in time-sensitive situations. Additionally, the Platform enables staff to communicate Dublin-specific issues and impacts with state legislators. Staff may draft letters, direct our legislative advocates, or speak on behalf of the City regarding the legislative priorities this document outlines.
Any correspondence signifying the City’s support or opposition of a given bill must be signed by the Mayor and/or City Manager with notification to the City Council.
Any questions regarding this Legislative Platform can be directed to John Stefanski, Assistant to the City Manager at [email protected]
.
Platform Overview and Coordination
This Legislative Platform serves as the foundation for City legislative advocacy at all levels of government. It informs the City’s legislative representatives of the key issues and legislation that could have a potential impact on the City and the process in which the City will participate in the legislative process. The City will employ several strategies to advocate or advance the City’s public policy interests, which include:
• Position Development
o Reviewing analyses and positions by the CalCities, legislative advocates, and other local government / professional associations in formulating the City’s position. o Working with City departments, legislative advocate(s) to develop this platform and identify positions on proposed legislative measures.
• Status Tracking
o Tracking key bills through the legislative process.
• Communication and Advocacy
o Communicating the City’s position, in accordance with this Platform, through correspondence, testimony, and meetings.
o Working cooperatively with other cities (including the Tri-Valley Cities), associations, and CalCities on advocating the City’s legislative position. o Meeting with legislators and their representatives, as well as other federal, state and county government officials on a regular basis, to discuss local government issues, proposed legislation, requests for funding assistance, and City programs and services.
98
The City Manager’s Office will exercise day-to-day oversight of legislative matters. In addition to coordinating formal action through the City Council, the City Manager and their designee will manage the City’s Legislative Platform.
Staff will follow the process below when responding to all proposed and relevant legislation, policies, programs, ballot measures, mandates, and budgets.
1. Review and determine whether a proposal will impact the City.
2. Prepare a letter outlining the City’s position for the Mayor’s or City Manager’s signature.
3. Distribute the letter to the legislation’s author(s), the City Council, and other relevant parties.
In scenarios where a proposal or regulation arises that may impact the City and is not covered by this Legislative Platform, Staff will prepare a draft position letter for the City Council to review prior to distribution.
General Legislative Principles
The guiding principles for the City’s legislative advocacy efforts include:
Advancing Existing City Mission, Vision, Values, and Policies Preserving and/or Increasing Local Government Discretion Promoting or Enhancing Revenue Sources
Public Policy Priorities
This legislative platform identifies specific public policy priorities by topic area. Informed by the General Legislative Principles, these priorities will guide the positions the City will take on all relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets.
The public policy priorities are categorized as follows:
1. General Administration
2. Fiscal Sustainability
3. Community and Economic Development
4. Transportation and Public Works
5. Public Safety
6. Parks and Community Services
7. Climate and Environment
8. Technology and Cybersecurity
1. General Administration
Staff recommends that the City Council support legislation that:
1. Enhances or streamlines local control and allows cities to address the needs of local constituents within a framework of regional cooperation.
2. Streamlines the process to apply for, to receive approval of, and to receive state or federal funding.
99
3. Assures every person the right to equal treatment in and access to all government- sponsored benefits or funded programs.
4. Provides the ability to conduct public meetings using a hybrid approach that allow for equitable access and participation of elected officials and the public while considering privacy, health, and safety of all stakeholders.
5. Provides alternative methods of meeting public noticing requirements through cost- effective, innovative, and technological methods of communication, and changes the definition of “newspaper of general circulation” due to realities of consolidated newspaper publications and the increase in on-line publications.
Staff recommends that the City Council oppose legislation that:
6. Attempts to restrict local authority or decision-making whether by state or federal legislation or ballot propositions.
7. Diminishes or eliminates local governments’ ability to contract out for the provision of services.
2. Fiscal Sustainability
Staff recommends that the City Council support legislation that:
1. Maintains or enhances ongoing revenues to the City.
2. Updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerce, increased consumption of services rather than durable goods, and innovations in technology.
3. Ensures timely distribution of mandated reimbursements owed to the City.
4. Removes unnecessary state-imposed mandates.
5. Provides for the use of incentives for local government action rather than mandates (funded or unfunded).
6. Establishes new and innovative revenue options and resources to finance public infrastructure construction and maintenance.
7. Streamlines the establishment and utilization of infrastructure financing districts or other funding mechanisms for infrastructure improvements.
8. Changes the Communications Act of 1934 that removes the distinction between “capital” and “operating” funds to provide more local control for community television stations in the use of their public, educational, and government (PEG) channel fees.
9. Supports measures to increase transparency of all public employee salaries and benefits.
10. Supports measures to provide sustainable public pensions and other post-retirement benefits.
11. Lowers the necessary voter threshold from a two-thirds supermajority to 55-percent to approved local general obligation bonds and special taxes for affordable housing and public infrastructure projects.
Staff recommends that the City Council oppose legislation that:
12. Undermines and preempts local authority over local taxes and fees.
13. Shifts funds from local governments to the state or federal government. 100
14. Imposes unfunded or inadequately funded federal and state mandates on local governments.
15. Eliminates development fees or limits the ability of cities to levy such fees to provide for infrastructure or services.
16. Requires or expands state involvement in City financial audits, fiscal monitoring, general oversight, or assistance by the State Treasurer, State Controller, or other state agencies.
17. Defers reimbursements for state mandated programs.
3. Public Works and Transportation
Staff recommends that the City Council support legislation that:
1. Ensures the City receive its fair share of transportation funding and that keeps the funding decisions at the local level.
2. Provides for more stable and equitable long-term funding sources for transportation.
3. Leverages local funds to the maximum extent possible to implement transportation improvements through grants and partnerships with regional, state, and federal agencies.
4. Reduces Vehicle Miles Traveled (VMT) and encourages developing and implementing Transportation Demand Management (TDM) plans and strategies.
5. Expands opportunities and funding for connected and shared autonomous vehicles, high occupancy vehicles, managed lane policies, improved enforcement, new technology deployment, and reducing traffic congestion and delay.
6. Improves multimodal freight movement between the San Francisco Bay Area and the Central Valley and projects that reduce freight traffic on I-580.
7. Encourages active transportation, enhances the safety of all modes of transportation, particularly bicycles and pedestrians, and reduces vehicle speeds and traffic congestion.
8. Increases and funds local control and local regulation of shared mobility, transportation network companies (TNCs), and other emerging industries that use city infrastructure to offer private services.
9. Enables the sale of traffic data to recover the cost of data collection.
10. Enables innovative rail connectivity projects which aim to address the jobs/housing/transit imbalance (i.e., Valley Link).
Staff recommends that the City Council oppose legislation that:
11. Infringes upon the ability of local governments to effectively administer and modify state and local construction provisions and standards.
12. Takes away local control of managing and operating local streets.
13. Reduces the City’s condemnation authority regarding acquisition of properties required for public projects.
4. Community and Economic Development
Staff recommends that the City Council support legislation that:
1. Maintains the City’s authority over land use decisions.
2. Strengthens local regulatory authority and control over the siting of medical or recreational marijuana dispensaries.
101
3. Creates a more equitable Regional Housing Needs Allocation (RHNA) process.
4. Creates more flexibility for local jurisdictions to work together to provide housing that counts toward RHNA requirements.
5. Eliminates redundant, costly, and cumbersome mandates and restrictions required by CEQA (California Environmental Quality Act).
6. Provides incentives or new funding mechanisms for affordable housing and transit- oriented development.
7. Increases financial assistance to provide affordable, transitional, special needs and emergency housing to the homeless, seniors, veterans, and people with special needs.
8. Expands STEM (Science, Technology, Engineering and Mathematics) programs in K-12, higher education, and libraries.
9. Enhances the City’s efforts to retain existing businesses and attract new businesses.
10. Provides tangible and productive tools and incentives to support job creation, business attraction, and business retention.
11. Advances or encourages innovation, entrepreneurship, start-ups, small business opportunities, and/or workforce development.
Staff recommends that the City Council oppose legislation that:
12. Interferes with or reduces local land use control and decision making.
13. Diminishes or eliminates the authority of cities to zone and plan for the development of telecommunications infrastructure, including the siting of cellular communications towers or transmission sites.
14. Diminishes or eliminates cities’ authority to regulate condominium conversions.
15. Interferes with the ability to provide productive incentives to support job creation, business attraction, and business retention.
5. Public Safety
Staff recommends that the City Council support legislation that:
1. Increases funding for local law enforcement, fire suppression and prevention, hazardous materials mitigation, and emergency medical services.
2. Funds local agencies for training, disaster preparedness, crime prevention, public outreach, and emergency planning.
3. Ensures cities have control of regulating local medical marijuana facilities instead of the state, protects public safety with standardized security requirements, protects public health with uniform health and safety standards, and ensures patient safety with a quality assurance protocol.
4. Improves data and information dissemination, preparedness funding, and first-responder training for oil-by-rail shipments.
5. Maintains or increases grant funding for the Community Oriented Police Services (COPS) program.
6. Provides a greater share of asset forfeiture funds for cities and increases latitude for spending local funds.
7. Supports funding to prepare, mitigate, adapt, and respond to extreme weather or emergency events.
102
8. Supports alternative crisis response programs for mental health, substance abuse, or homelessness related calls for emergency service.
6. Parks and Community Services
Staff recommends that the City Council support legislation that:
1. Creates new funding opportunities for parks and community facilities.
2. Provides funding for ADA (Americans with Disabilities Act) facility and park upgrades.
3. Increases available financial assistance to local non-profit and community-based organizations who provide social services and mental health services to residents in need.
4. Efforts to provide funding for the rehabilitation, development, and capital improvements for park improvements in order to enhance the active and passive recreational infrastructure.
Staff recommends that the City Council oppose legislation that:
5. Reduces or eliminates the City’s ability to levy park impact fees.
6. Imposes regulations that create cost prohibitive administrative burdens which likely result in the reduction of parks programming.
7. Climate and Environment
Staff recommends that the City Council support legislation that:
1. Assists local governments in meeting or exceeding local or state goals to reduce global warming pollution levels, to develop alternate energy resources and fuel efficiency programs, and to reduce fossil fuel dependence.
2. Streamlines development of and provides funding for electric vehicle (EV) charging and hydrogen fueling infrastructure locally and regionally.
3. Supports current waste diversion goals, local compliance efforts, and associated measurement and reporting requirements.
4. Assists the City in meeting or exceeding established goals of reducing water consumption and increasing water supply without preempting local planning decisions.
5. Requires manufacturers be responsible for the end of useful life cost of collecting, processing, recycling, and disposing of products they manufacture.
6. Protects the interest of California’s Community Choice clean electricity providers and their customers.
7. Incentivizes regional and local government efforts to develop and implement programs to reduce air pollution.
8. Funds compliance and full life cycle costs of current and new mandatory storm water quality permit requirements.
9. Addresses litter control and abatement problems in California.
10. Reduces the financial impact of state and federal funded and unfunded mandates related to compliance with environmental programs and regulations.
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Staff recommends that the City Council oppose legislation that:
11. Preempts local planning decisions regarding solid waste facility sites.
12. Preempts local solid waste and AB 939 fee setting authority or imposes taxes or fees on local solid waste programs to fund state programs not directly related to solid waste management.
8. Technology and Cybersecurity
Staff recommends that the City Council support legislation that:
1. Promotes the use of data and technologies to create efficiencies, promote economic development, enhance public safety, improve transportation and mobility, improve sustainability, increase transparency to public information, enhance municipal quality of life factors and help solve other civic challenges.
2. Maintains local control over municipal assets in the deployment of next generation technological infrastructure.
3. Increases the City’s capacity to protect against cyber security attacks.
4. Provides funding for programs that seek to expand digital access for residents and businesses.
Staff recommends that the City Council oppose legislation that:
5. Limits or removes local review and permitting of emerging telecommunications technologies, such as Small Cell technology.
Regional Collaboration
The City of Dublin is a member of the Tri-Valley Cities (TVC), a coalition of the five Tri-Valley municipalities who work together to advocate for issues and funding at the regional, state, and federal levels. The TVC is governed by the five Mayors of each municipality who develop and adopt a TVC Legislative Framework which guides the advocacy efforts of the TVC. A copy of the 2023 Framework, once adopted, will be attached to as Addendum A to this Legislative Platform.
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Addendum A: 2023 Tri-Valley Cities Legislative Framework
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TRI-VALLEY CITIES
Legislative Framework
2023
106
1 | P a g e
TRI-VALLEY CITIES VALUES STATEMENT
The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents, provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region.
Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley.
TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK
The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision- making as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas.
Transportation and Infrastructure
Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region’s freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the region’s freeways, and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. The TVC also seeks to partner on other significant non- transportation infrastructure projects, especially those with regional and multi-regional benefits.
Climate, Environment, Health, and Safety
The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, water quality (including PFAS/PFOS contaminants) and supply issues, as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas, as well as for investment in key infrastructure at all levels of government. 107
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Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy, and provides a high quality of life for residents and business. Key objectives are developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region.
Affordable Housing and Homelessness
The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness.
Mental Health
The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services, the Cities seek to work together to support local non-profits and organizations that do provide these services, and advocate together for these vital resources and services from all levels of government. Mental health support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of all our residents.
Fiscal Sustainability
Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments.
2023
PAGE 1
108
STAFF REPORT
CITY COUNCIL
Agenda Item 8.1
DATE: February 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 2023 Draft City of Dublin Legislative Platform Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will receive a report on the draft 2023 Legislative Platform, which guides the City’s response to potential and pending legislation, policies, programs, ballot measures, mandates, and budgets at all levels of government,
and provide direction to Staff.
STAFF RECOMMENDATION:
Receive the report and provide direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Each year the City Council approves a Legislative Platform that includes the goals, strategies, and priorities for organizing the City’s legislative advocacy efforts. The draft 2023 Platform
(Attachment 1) is provided with this Staff Report to initiate the discussion with the City Council on the fundamental legislative issues important to the City over the next year. This attachment includes tracked changes to identify proposed revisions to the Platform.
The draft 2023 Platform is substantially similar to the 2022 Platform aside from modifications to account for changes in state law, anticipated issues for the current legislative session, and non- substantive grammatical and wording changes.
The guiding principles for the City’s legislative advocacy efforts continue to include the following:
Preserving and/or increasing local government discretion Promoting or enhancing revenue sources
Advancing existing City Mission, Vision, Values, and policies Attachment 3
109
The Draft Legislative Platform identifies specific Public Policy Priorities for the following categories:
1. General Administration
2. Fiscal Sustainability
3. Community and Economic Development
4. Transportation and Public Works
5. Public Safety
6. Parks and Community Services
7. Climate and Environment
8. Technology and Cyber Security
These priorities will further guide the positions and advocacy efforts the City will take regarding all relevant legislation, policies, programs, ballot measures, mandates, and budgets. The draft 2023 Platform removes the reference to “Grant Funding Opportunities” which was included in the 2022 Platform, because those are specific funding sources pursued at the City staff level.
The draft Platform removes the following 2022 Public Policy Priorities supporting legislation that:
Addresses the functional impracticalities of AB 361 while providing a permanent teleconference option available for Brown Act legislative bodies to hold public meetings. o This priority will be recrafted as 2023 Priority 1.4 to account for any proposed AB 2449 cleanup legislation or a permanent codification of AB 361 (without the 30-day renewal requirement).
Grants the City additional flexibility in the use of America Rescue Plan Act Funding o The Consolidated Appropriations Act, 2023 included provisions that expanded the use of ARPA funds, up to 30% or $10M of total allocations, on transportation projects, natural disaster emergency relief, and CDBG eligible expenditures. Requires cities to use district-based elections.
o The City completed the transition to district-based elections in 2022, therefore this priority is no longer relevant.
Supports Intelligent Transportation Systems (ITS), Connected, and Automated Vehicles. o This priority was consolidated with 2023 Priority 3.5.
The draft Platform adds the following 2023 Public Policy Priorities supporting legislation that:
Provides the ability to conduct public meetings using a hybrid approach that allow for equitable access and participation of elected officials and the public while considering privacy, health, and safety of all stakeholders.
Provides alternative methods of meeting public noticing requirements through cost- effective, innovative, and technological methods of communication, and changes the definition of “newspaper of general circulation” due to realities of consolidated newspaper publications and the increase in on-line publications.
Lowers the necessary voter threshold from a two-thirds supermajority to 55-percent to approved local general obligation bonds and special taxes for affordable housing and public infrastructure projects.
o ACA 1 (Aguiar-Curry) proposes submit this to voters to consider this change. Provides incentives or new funding mechanisms for affordable housing and transit- 110
oriented development.
o Priority 6.4 includes the added language of “or new funding mechanisms” to address SB 20 (Caballero) would allow for cities to form a Housing Finance Trust Joint- Powers Authority to jointly fund affordable housing.
Provides funding for the rehabilitation, development, and capital improvements for park improvements in order to enhance the active and passive recreational infrastructure. Reduces or eliminates the City’s ability to levy park impact fees. Imposes regulations that create cost prohibitive administrative burdens which likely result in the reduction of parks programming.
Streamlines development of an provide funding for electric vehicle (EV) charging and hydrogen fueling infrastructure locally and regionally.
It should be noted that the list of Public Policy Priorities is not exhaustive. In those instances where potential legislation, policies, programs, ballot measures, mandates, and budgets do not fit with the specific Public Policy Priorities, the General Legislative Principles will guide City action.
The draft 2023 Legislative Platform also includes language around Regional Collaboration, specifically the Tri-Valley Cities, whose 2023 Legislative Framework will be attached as an addendum to the Legislative Platform for reference.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Draft 2023 City of Dublin Legislative Platform (Redlined) 111
STAFF REPORT
CITY COUNCIL
Agenda Item 4.5
DATE: March 7, 2023
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 the Calendar Year 2022
Prepared by: Linda Ajello, AICP, Senior 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 the California Department of Housing and Community Development (HCD). This Staff Report, including Attachment 1, serves as the City of Dublin’s APR for calendar year 2022.
STAFF RECOMMENDATION:
Receive the Annual Progress Report and direct Staff to forward it to the Governor’s Office of Planning and Research and the 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 to it.
112
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 to 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 2015-2023 Housing Element covers the current reporting period. On November 15, 2022, the City Council adopted an updated Housing Element which is applicable to the 2023-2031 planning period.
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, serves as the City of Dublin’s Annual Progress Report (APR) for calendar year 2022, concluding the 2015-2022 Housing Element cycle. 113
Status of General Plan Activities
This section of the report focuses on General Plan Amendments (GPAs) approved from January 1 to December 31, 2022. 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 2022. Fallon East (Alameda & GH PacVest). On February 15, 2022, the City Council adopted Resolution No. 14-22, approving amendments to the General Plan and Eastern Dublin Specific Plan for 72.1 acres of the GH PacVest property and 1.25-acres of the Alameda property to change the land use designations from General Commercial to General Commercial/Campus Office.
SCS Dublin. On November 15, 2022, the City Council adopted Resolution No. 136-22, approving General Plan and Eastern Dublin Specific Plan Amendments in conjunction with the approval of the SCS Dublin Development Project to construct up to 500 market rate units and up to 100 affordable units, up to 100 ADUs, and up to 265,000 square feet of retail commercial development on approximately 76.2 acres of land. The amendments modified the land use designations from Neighborhood Commercial, General Commercial, Medium Density Residential, Medium-High Density Residential, High Density Residential and Public/Semi-public to General Commercial, Medium Density Residential, Medium-High Density Residential, Parks/Public Recreation and Public/Semi-Public. 2023-2031 Housing Element. In conjunction with the adoption of the 2023-2031 Draft Housing Element on November 15, 2022, the City Council approved GPA’s that included amending the Land Use Element and Land Use Map, the Seismic Safety and Safety Element, and amendments to the Eastern Dublin Specific Plan and Downtown Dublin Specific Plan.
The City Council also approved rezoning the northern portion of Site D-2 and all of Site E-2 at the Dublin Transit Center, and two parcels at the Hacienda Crossings shopping center to accommodate lower-income units to meet the 2023-2031 RHNA allocation. In addition, the Downtown Dublin Specific Plan was amended to exempt three non-vacant sites, that are identified to provide 416 units affordable to lower-income households, from the Development Pool and the Community Benefit Program Agreement requirements.
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.
114
Table 1 identifies the City’s RHNA for the 2015-2023 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.
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 that the City 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 0 - 26 770
Low 446 39 0 0 0 0 0 0 0 - 39 407
Moderate 425 4 2 8 17 8 27 13 0 - 79 346
Above-
Moderate 618 839 612 1,187 770 233 473 764 97 - 5,593 (4,975) Total 2,285 908 614 1,195 787 241 500 777 97 - 5,119 1,523 Total Housing Production
Most notably in 2022, the City issued Planning entitlements for the SCS Dublin Project, including up to 500 market rate units and up to 100 affordable units. Additionally, the City issued building permits for 97 new dwelling units in 2022, including permits for the final 55 units to complete the Tassajara Hills project and the remaining 37 units at the Boulevard project.
Affordable Housing Production
In 2022, the City continued to issue building permits for the Tassajara Hills project and issued certificates of occupancy for 147 single-family units, including seven deed-restricted moderate- income units.
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 through either a deed restriction guaranteeing affordable rents, documentation of proposed rental rates, or through a survey of rental rates of comparable units. In 2022, the City issued building permits for five ADUs, none of which were deed-restricted. 115
The City continued its efforts to further incentivize and streamline the construction of ADUs in 2022. The City developed eight different ADU prototype plans, including five ADUs designed to be either attached or detached, and three plans for converting a garage to an ADU. The plans include studios, one-, and two-bedrooms ranging in size from 224-909 square feet. The City also prepared an ADU manual to help guide homeowners who are not familiar with the development process.
The ADU plans and manual are available to the public on the City’s website.
Conformance with SB 35
In 2017, Governor Brown signed Senate Bill (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 in 2022 to accommodate unmet housing need during the 2015-2023 Housing Element cycle.
Conformance with SB 9
On September 16, 2021, Governor Newsom signed into law SB 9, entitled the California Housing Opportunity and More Efficiency (HOME) Act, which went into effect on January 1, 2022. SB 9 intends 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 ADU’s. The new law effectively limits the City’s ability to regulate SB 9 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.
On April 5, 2022, the City Council adopted Ordinance 03-22 approving amendments to the Dublin 116
Municipal Code to regulate the development of new residential housing units in a manner that is comparable to single-family residential uses, and establish objective design and development standards for SB 9 projects. The City did not receive any SB 9 development applications in 2022.
Status of Housing Element Actions and Programs
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 2022 toward implementation of Housing Element programs is provided below.
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.
Status: 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 of 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 (AC) is a home improvement loan assistance program for low-income homeowners throughout the County. Renew AC aims to help keep existing homeowners in their homes and maintain existing housing stock in a safe, livable condition.
In 2022, three Minor Home Repair Grants totaling $8,794.59 were issued to Dublin residents. The goal was to provide six grants totaling $15,231.55 in project funds. Program 2: Housing Choice Voucher Rental Assistance. Continue to support the assistance of 350 lower income households each year throughout the planning period.
Status: In 2022, the Alameda County Housing Authority provided Housing Choice Vouchers to 421 households who rented in Dublin. Additionally, the City funded 29 individuals with a total of $139,319 through the Residential Rental Assistance Program (RRAP) which is administrated by the City.
Program 5: Mixed-Use Development.Facilitate the construction of 100 high-density residential units within mixed-use developments within the planning period.
Status: In 2022, the City approved the SCS Dublin Project, which includes up to 500 market rate units, up to 100 affordable units, and up to 100 ADUs. No building permits or certificates of occupancy were issued for high-density residential units within mixed-use developments in 2022.
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, 117
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 ADU Production.
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. In Fiscal Year 2022-23, the City contributed more than $200,000 from the Housing and General Plan funds to Tri-Valley Haven.
Eden Information and Referral's 2-1-1 service acts as Alameda County’s first point of contact of Coordinated Entry System screenings and referrals. CityServe of the Tri-Valley assists with crisis intervention and homelessness prevention. In Fiscal Year 2022-23, the City contributed $25,000 to CityServe from the General Plan funds.
Goodness Village which is a tiny house community that provides affordable and permanent housing options in a supportive community for people transitioning out of chronic homelessness. During Fiscal Year 2022-23, the City contributed $8,460 to Goodness Village from the Homeless Housing, Assistance, and Prevention (HHAP) Grant.
Axis Community Health is a comprehensive health center that provides care from five sites located throughout the Tri-Valley area. Services include pediatrics, adult health, and women’s health care. Axis also provides mental health services, dental care, acupuncture, and chiropractic care. In Fiscal Year 2022-23, Axis received more than $200,000 through CDBG funding.
Centro Legal de la Raza is a legal services agency that provides legal representation in Northern and Central California for the low-income, Black, and Latinx communities through bilingual representation, education and advocacy. Legal services provided include tenant rights and unlawful evictions. In Fiscal Year 2022- 23, Centro Legal de la Gaza received more than $20,000 in CDBG funds. Open Heart Kitchen is a program that provides hot meals to those in need within the Tri-Valley area. The City provided $25,000 in funding to Open Heart Kitchen from the American Rescue Plan Act (ARPA) Funds in Fiscal Year 2022-23. In addition, the Program received $300,000 in CDBG Funds for the purchase of kitchen equipment. 118
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 2030), establishing the next phase of climate action planning and implementation. Strategies of CAP 2030 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 2030 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.
In November 2022, the City Council adopted the 2022 Building Code, which included amendments to adopt the latest California Green Building Standards Code along with local amendments that went into effect on January 1, 2023. The local amendments included requirements for all new buildings to be all-electric with exceptions. The exceptions include: 1) multi-family and commercial buildings where the design team provides evidence that an all-electric building is unable to meet established requirements under the California Building Energy Efficiency Standards; and 2) commercial buildings containing kitchens or having the potential to contain kitchens, upon application, may install gas to the building for use in the kitchen areas. These modifications are intended to limit the GHG emissions from natural gas. Coupled with the communitywide 100% carbon-free energy of Measure CF-1 in CAP 2030, new building electrification will result in homes and businesses that emit no GHGs. In addition, this amendment will meet the requirements of measure EE- 1 of CAP 2030.
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 119
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.
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.
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.
STRATEGIC PLAN INITIATIVE:
Strategy 2: Housing Affordability
Objective A: Develop a Certified Housing Element that balances the location of housing options for all income types.
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) 2022 Housing Element Annual Progress Report
120
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
11_16_22
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
100 Civic Center Plaza
Dublin
94568
Please Start Here
General Information
2022
Dublin
Contact Information
Linda
Ajello
Senior Planner
[email protected]
9258336610
Mailing Address
Annual Progress Report January 2020
Attachment 1
121
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (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 34 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)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 0 0 100 0 106 0 494 700 700 0 SCS Dublin PLPA-2022-00005 ADU R 4/1/2022 50 50 100 100 No No No Approved The proposed “alternative method of
compliance” for the 69 affordable units
includes: 1) the option of constructing
five moderate income, for-sale,
townhome units on-site or through the
payment of one millon dollars to a first-
time homebuyer program specifically
used for this project; 2) production of
and deed restriction of approximately
100 (and not less than 85) detached
accessory dwelling units with half in the
moderate-income category and half in
the low-income category; and 3) the
option of either the completion of an
affordable housing project on the
Public/Semi-Public site or the
dedication of the Public/Semi-Public
site to the City or the City’s designee.
SCS Dublin PLPA-2022-00005 5+ R 4/1/2022 50 50 100 100 No No No Approved SCS Dublin PLPA-2022-00005 SFA O 4/1/2022 6 344 350 350 No No No Approved SCS Dublin PLPA-2022-00005 SFD O 4/1/2022 150 150 150 No No No Approved 0 Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
122
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (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
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of
Affordability or
Deed Restriction
Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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/Des
troyed 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)
Notes+
Summary Row: Start Data Entry Below 0 0 1 0 0 05 6 0 5 4 4 7 0 0 0 0 0 0 0 0 9 7 9 7 0 0007 0 3 0 6 3 1 3 00 00 986-0060-059-00 5677 MULHOLLAND
AVE
MULHOLLAND 1 @
BLVD N11
BLDG-2020-00680 SFD O 0 1 6/11/2020 1 1 3/25/2022 1N N
986-0060-060-00 5671 MULHOLLAND
AVE
MULHOLLAND 1 @
BLVD N11
BLDG-2020-00739 SFD O 0 1 7/9/2020 1 1 3/25/2022 1N N
986-0071-033-00 5626 FALLBROOK CT MULHOLLAND 2 @
BLVD N18
BLDG-2020-01002 SFD O 0 1 10/22/2020 1 1 1/19/2022 1N N 986-0071-045-00 5645 FALLBROOK CT MULHOLLAND 2 @
BLVD N18
BLDG-2020-01006 SFD O 0 1 10/22/2020 1 1 2/23/2022 1N N 986-0071-046-00 5653 FALLBROOK CT MULHOLLAND 2 @
BLVD N18
BLDG-2020-01008 SFD O 0 1 10/22/2020 1 1 2/23/2022 1N N 986-0071-036-00 5600 FALLBROOK CT MULHOLLAND 2 @
BLVD N18
BLDG-2020-01412 SFD O 0 1 11/4/2020 1 1 1/25/2022 1N N
986-0071-037-00 5605 FALLBROOK CT MULHOLLAND 2 @
BLVD N18
BLDG-2020-01414 SFD O 0 1 11/4/2020 1 1 3/8/2022 1N N
986-0071-038-00 5609 FALLBROOK CT MULHOLLAND 2 @
BLVD N18
BLDG-2020-01415 SFD O 0 1 11/4/2020 1 1 3/8/2022 1N N
986-0071-039-00 5613 FALLBROOK CT MULHOLLAND 2 @
BLVD N18
BLDG-2020-01416 SFD O 0 1 11/4/2020 1 1 3/2/2022 1N N
985-0130-068-00 7179 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2020-01936 SFD O 0 1 1/12/2021 1 1 1/12/2022 1N N 985-0130-069-00 7187 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2020-01937 SFD O 0 1 1/12/2021 1 1 1/12/2022 1N N 985-0130-086-00 7305 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00060 SFD O 0 1 2/3/2021 11 1/26/2022 1N N I N C 5 5 985-013-004-00 7311 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00062 SFD O 0 1 2/3/2021 1 1 2/11/2022 1N N 985-0130-090-00 7126 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00068 SFD O 0 1 2/3/2021 1 1 4/11/2022 1N N 985-0130-091-00 7130 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00072 SFD O 0 1 2/3/2021 1 1 3/30/2022 1N N 985-0130-094-00 7123 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00073 SFD O 0 1 2/3/2021 1 1 3/23/2022 1N N 985-0130-095-00 7131 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00074 SFD O 0 1 2/3/2021 1 1 3/23/2022 1N N 985-0130-096-00 7139 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00075 SFD O 0 1 2/3/2021 11 3/23/2022 1N N I N C 5 5 980-0125-033-00 7316 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00155 SFD O 0 1 2/23/2021 1 1 3/11/2022 1N N 980-0125-034-00 7328 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00156 SFD O 0 1 2/23/2021 1 1 3/21/2022 1N N 985-0125-049-00 7323 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00157 SFD O 0 1 2/23/2021 1 1 3/7/2022 1N N 985-0125-050-00 7315 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00159 SFD O 0 1 2/23/2021 1 1 3/7/2022 1N N 985-0125-051-00 7299 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00160 SFD O 0 1 2/23/2021 11 2/11/2022 1N N I N C 5 5 985-0130-085-00 7100 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00164 SFD O 0 1 2/23/2021 1 1 5/13/2022 1N N 985-0130-086-00 7106 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00165 SFD O 0 1 2/23/2021 1 1 5/10/2022 1N N 985-0130-087-00 7110 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00166 SFD O 0 1 2/23/2021 1 1 5/6/2022 1N N 985-0130-088-00 7116 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00182 SFD O 0 1 2/23/2021 11 4/19/2022 1N N I N C 5 5 985-0130-089-00 7122 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00185 SFD O 0 1 2/23/2021 1 1 4/19/2022 1N N 985-0130-092-00 7107 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00186 SFD O 0 1 2/23/2021 1 1 4/21/2022 1N N 985-0130-093-00 7115 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00187 SFD O 0 1 2/23/2021 1 1 4/18/2022 1N N 985-0125-035-00 7332 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00234 SFD O 0 1 3/3/2021 1 1 7/11/2022 1N N 985-0125-036-00 7350 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00235 SFD O 0 1 3/3/2021 1 1 7/13/2022 1N N 985-0125-037-00 7358 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00236 SFD O 0 1 3/3/2021 1 1 7/13/2022 1N N 985-0125-038-00 7366 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00237 SFD O 0 1 3/3/2021 11 8/26/2022 1N N I N C 5 5 985-0125-039-00 7378 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00239 SFD O 0 1 3/3/2021 11 9/7/2022 1N N I N C 5 5 985-0125-040-00 7390 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00240 SFD O 0 1 3/3/2021 1 1 9/12/2022 1N N 985-0125-041-00 7397 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00241 SFD O 0 1 3/3/2021 11 8/22/2022 1N N I N C 5 5 985-0125-042-00 7389 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00242 SFD O 0 1 3/3/2021 1 1 8/17/2022 1N N 985-0125-043-00 7381 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00243 SFD O 0 1 3/3/2021 1 1 8/12/2022 1N N 985-0125-044-00 7373 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00244 SFD O 0 1 3/3/2021 1 1 8/5/2022 1N N 985-0125-045-00 7365 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00245 SFD O 0 1 3/3/2021 1 1 7/28/2022 1N N 985-0125-046-00 7353 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00246 SFD O 0 1 3/3/2021 1 1 6/30/2022 1N N 985-0125-047-00 7339 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00247 SFD O 0 1 3/3/2021 1 1 6/21/2022 1N N 985-0125-048-00 7331 LEMBERT HILLS
CT
TASSAJARA HILLS BLDG- 2021-00248 SFD O 0 1 3/3/2021 1 1 6/17/2022 1N N 985-0123-008-00 7335 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00254 SFD O 0 1 3/3/2021 1 1 5/24/2022 1N N 985-0123-009-00 7351 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00255 SFD O 0 1 3/3/2021 1 1 5/25/2022 1N N 985-0123-010-00 7355 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00256 SFD O 0 1 3/3/2021 1 1 6/9/2022 1N N 985-0123-011-00 7359 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00257 SFD O 0 1 3/3/2021 1 1 6/6/2022 1N N 985-0130-003-00 7155 LEMBERT HILLS
DR
TASSAJARA HILLS BLDG- 2021-00460 SFD O 0 1 5/7/2021 1 1 5/18/2022 1N N 985-0123-016-00 7379 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00576 SFD O 0 1 4/23/2021 1 1 10/3/2022 1N N 985-0123-017-00 7383 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00577 SFD O 0 1 4/23/2021 1 1 10/18/2022 1N N 985-0123-018-00 7387 COLTON HILLS
DR
TASSAJARA HILLS BLDG- 2021-00578 SFD O 0 1 4/23/2021 1 1 10/18/2022 1N N 986-0064-014-00 6100 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2021-01686 SFD O 0 1 9/28/2021 1 1 8/25/2022 1N N
986-0064-015-00 6012 BASALTINA PL MELROSE @
BOULEVARD N20
BLDG-2021-01687 SFD O 0 1 9/28/2021 1 1 8/25/2022 1N N
986-0064-016-00 6016 BASALTINA PL MELROSE @
BOULEVARD N20
BLDG-2021-01688 SFD O 0 1 9/28/2021 1 1 8/25/2022 1N N
986-0064-017-00 6018 BASALTINA PL MELROSE @
BOULEVARD N20
BLDG-2021-01690 SFD O 0 1 9/28/2021 1 1 8/26/2022 1N N
986-0064-019-00 6015 BASALTINA PL MELROSE @
BOULEVARD N20
BLDG-2021-01692 SFD O 0 1 9/28/2021 1 1 8/25/2022 1N N
986-064-020-00 6013 BASALTINA PL MELROSE @
BOULEVARD N20
BLDG-2021-01693 SFD O 0 1 9/28/2021 1 1 9/23/2022 1N N
986-064- 6011 BASALTINA PL MELROSE @
BOULEVARD N20
BLDG-2021-01694 SFD O 0 1 9/28/2021 1 1 9/23/2022 1N N
986-0064-022-00 6126 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2021-01695 SFD O 0 1 9/28/2021 1 1 8/26/2022 1N N
986-073 6118 ROMEO ST LOMBARD @
BOULEVARD N24
BLDG-2021-01826 SFD O 0 1 10/19/2021 1 1 6/10/2022 1N N 986-073 6112 ROMEO ST LOMBARD @
BOULEVARD N24
BLDG-2021-01827 SFD O 0 1 10/19/2021 1 1 6/10/2022 1N N 986-068- 6005 MARBLE ST VENICE @
BOULEVARD N19
BLDG-2021-01872 SFD O 0 1 10/19/2021 1 1 6/10/2022 1N N 986-068- 6001 MARBLE ST VENICE @
BOULEVARD N19
BLDG-2021-01873 SFD O 0 1 10/19/2021 1 1 6/10/2022 1N N 986-0068- 5589 HORIZON PKWY VENICE @
BOULEVARD N19
BLDG-2021-01876 SFD O 0 1 10/19/2021 1 1 6/10/2022 1N N 986-073 5771 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02029 SFD O 0 1 11/12/2021 1 1 7/22/2022 1N N 986-073- 5765 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02031 SFD O 0 1 11/12/2021 1 1 7/22/2022 1N N 986-073- 5759 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02032 SFD O 0 1 11/12/2021 1 1 7/13/2022 1N N 986-073- 5753 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02033 SFD O 0 1 11/12/2021 1 1 7/8/2022 1N N
986-0064-023-00 6152 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2021-02094 SFD O 0 1 12/1/2021 1 1 9/27/2022 1N N
986-064- 6030 GRAPHITE PL MELROSE @
BOULEVARD N20
BLDG-2021-02095 SFD O 0 1 12/1/2021 1 1 9/19/2022 1N N
986-064- 6032 GRAPHITE PL MELROSE @
BOULEVARD N20
BLDG-2021-02096 SFD O 0 1 12/1/2021 1 1 9/19/2022 1N N
986-064- 6036 GRAPHITE PL MELROSE @
BOULEVARD N20
BLDG-2021-02097 SFD O 0 1 12/1/2021 1 1 9/23/2022 1N N
986-064- 6039 GRAPHITE PL MELROSE @
BOULEVARD N20
BLDG-2021-02098 SFD O 0 1 12/1/2021 1 1 9/27/2022 1N N
986-064- 6037 GRAPHITE PL MELROSE @
BOULEVARD N20
BLDG-2021-02099 SFD O 0 1 12/1/2021 1 1 9/27/2022 1N N
986-064- 6035 GRAPHITE PL MELROSE @
BOULEVARD N20
BLDG-2021-02100 SFD O 0 1 12/1/2021 1 1 10/26/2022 1N N 986-064- 6031 GRAPHITE PL MELROSE @
BOULEVARD N20
BLDG-2021-02101 SFD O 0 1 12/1/2021 1 1 10/26/2022 1N N 986-064 6178 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2021-02105 SFD O 0 1 12/1/2021 1 1 10/25/2022 1N N 986-0068-024-00 5607 HORIZON PKWY VENICE @
BOULEVARD N19
BLDG-2021-02166 SFD O 0 1 11/23/2021 1 1 7/25/2022 1N N 986-0068-025-00 6002 MARBLE ST VENICE @
BOULEVARD N19
BLDG-2021-02167 SFD O 0 1 11/23/2021 1 1 7/26/2022 1N N 986-068- 6006 MARBLE ST VENICE @
BOULEVARD N19
BLDG-2021-02168 SFD O 0 1 11/23/2021 1 1 8/9/2022 1N N
986- 5622 METROPOLITAN
WAY
VENICE @
BOULEVARD N19
BLDG-2021-02170 SFD O 0 1 11/23/2021 1 1 8/25/2022 1N N 986- 5628 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2021-02171 SFD O 0 1 11/23/2021 1 1 8/17/2022 1N N 986- 5623 HORIZON PKWY VENICE @
BOULEVARD N19
BLDG-2021-02173 SFD O 0 1 11/23/2021 1 1 8/16/2022 1N N 986- 5635 HORIZON PKWY VENICE @
BOULEVARD N19
BLDG-2021-02174 SFD O 0 1 11/23/2021 1 1 8/23/2022 1N N 986- 5630 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2021-02175 SFD O 0 1 11/23/2021 1 1 8/23/2022 1N N 986- 5638 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2021-02177 SFD O 0 1 11/23/2021 1 1 8/25/2022 1N N 986- 5652 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2021-02355 SFD O 0 1 12/30/2021 1 1 10/18/2022 1N N 986- 5656 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2021-02356 SFD O 0 1 12/30/2021 1 1 10/27/2022 1N N 986- 5660 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2021-02357 SFD O 0 1 12/30/2021 1 1 9/7/2022 1N N
986- 5651 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2021-02362 SFD O 0 1 12/30/2021 1 1 9/13/2022 1N N 986-068 6065 BULLION LN VENICE @
BOULEVARD N19
BLDG-2021-02364 SFD O 0 1 12/30/2021 1 1 8/9/2022 1N N
986-073- 5796 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02368 SFD O 0 1 1/28/2022 1 1 9/7/2022 1N N
986-073- 5800 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02369 SFD O 0 1 1/28/2022 1 1 9/9/2022 1N N
986-073- 5806 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02371 SFD O 0 1 1/28/2022 1 1 9/13/2022 1N N
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
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 123
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
986-073- 5808 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02372 SFD O 0 1 1/28/2022 1 1 9/13/2022 1N N
986-073- 5812 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02373 SFD O 0 1 1/28/2022 1 1 9/20/2022 1N N
986-073- 5816 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02375 SFD O 0 1 1/28/2022 1 1 9/20/2022 1N N
986-073- 5795 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02378 SFD O 0 1 1/11/2022 1 1 8/9/2022 1N N
986-073- 5783 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02381 SFD O 0 1 1/11/2022 1 1 8/10/2022 1N N
986-073- 5777 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02382 SFD O 0 1 1/11/2022 1 1 8/4/2022 1N N
986-073- 6062 STANZA CT LOMBARD @
BOULEVARD N24
BLDG-2021-02383 SFD O 0 1 1/11/2022 1 1 8/18/2022 1N N
986-073- 5792 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2021-02384 SFD O 0 1 1/11/2022 1 1 8/17/2022 1N N
986- 5633 METROPOLITAN
WAY
VENICE @
BOULEVARD N19
BLDG-2022-00008 SFD O 0 1 1/28/2022 1 1 10/27/2022 1N N 986- 5637 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00010 SFD O 0 1 1/28/2022 1 1 10/5/2022 1N N
986- 5639 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00012 SFD O 0 1 1/28/2022 1 1 9/27/2022 1N N
986- 5621 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00013 SFD O 0 1 1/28/2022 1 1 10/25/2022 1N N 986- 5625 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00014 SFD O 0 1 1/28/2022 1 1 11/16/2022 1N N 986- 5629 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00016 SFD O 0 1 1/28/2022 1 1 11/15/2022 1N N 986-073- 5819 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00076 SFD O 0 1 1/28/2022 1 1 10/18/2022 1N N 986-073- 5813 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00077 SFD O 0 1 1/28/2022 1 1 10/17/2022 1N N 986-073- 5807 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00081 SFD O 0 1 1/28/2022 1 1 10/17/2022 1N N 986-073- 5801 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00082 SFD O 0 1 1/28/2022 1 1 10/11/2022 1N N 986- 5613 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00087 SFD O 0 1 1/28/2022 1 1 11/29/2022 1N N 986- 5617 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00089 SFD O 0 1 1/28/2022 1 1 11/15/2022 1N N 986- 5619 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00091 SFD O 0 1 1/28/2022 1 1 10/27/2022 1N N 986- 5601 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00093 SFD O 0 1 1/28/2022 1 1 11/15/2022 1N N 986- 5605 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00094 SFD O 0 1 1/28/2022 1 1 11/28/2022 1N N 986- 5609 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00095 SFD O 0 1 1/28/2022 1 1 11/30/2022 1N N 986-073- 5820 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00219 SFD O 0 1 2/17/2022 1 1 10/31/2022 1N N 986-073 5826 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00221 SFD O 0 1 2/17/2022 1 1 10/31/2022 1N N 986-073 5828 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00222 SFD O 0 1 2/17/2022 1 1 11/3/2022 1N N
986-073 5832 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00224 SFD O 0 1 2/17/2022 1 1 11/10/2022 1N N 986-073 5836 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00226 SFD O 0 1 2/17/2022 1 1 11/10/2022 1N N 986-073 5838 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00227 SFD O 0 1 2/17/2022 1 1 11/10/2022 1N N 986-060 6121 BULLION LN VENICE @
BOULEVARD N19
BLDG-2022-00263 SFD O 0 1 3/4/2022 1 1 12/14/2022 1N N
986-068- 5583 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00267 SFD O 0 1 3/4/2022 1 1 12/14/2022 1N N
986-068- 5585 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00268 SFD O 0 1 3/4/2022 1 1 11/22/2022 1N N
986-068- 5587 METROPOLITAN
WA
Y
VENICE @
BOULEVARD N19
BLDG-2022-00269 SFD O 0 1 3/4/2022 1 1 11/17/2022 1N N
986-073- 5852 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00442 SFD O 0 1 3/17/2022 1 1 11/22/2022 1N N 986-073- 5856 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00443 SFD O 0 1 3/17/2022 1 1 12/12/2022 1N N 986-073- 5860 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00444 SFD O 0 1 3/17/2022 1 1 11/28/2022 1N N 986-073- 5866 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00445 SFD O 0 1 3/17/2022 1 1 11/18/2022 1N N 986-073- 5868 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00446 SFD O 0 1 3/17/2022 1 1 12/9/2022 1N N
986-073- 5872 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00447 SFD O 0 1 3/17/2022 1 1 12/19/2022 1N N 986-064- 6179 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2022-00539 SFD O 0 1 4/21/2022 1 1 12/6/2022 1N N
986-064- 5989 TANZANITE PL MELROSE @
BOULEVARD N20
BLDG-2022-00545 SFD O 0 1
4/21/2022 1 1 11/29/2022 1N N
986-064- 5988 TANZANITE PL MELROSE @
BOULEVARD N20
BLDG-2022-00546 SFD O 0 1 4/21/2022 1 1 12/2/2022 1N N
986-064- 5982 TANZANITE PL MELROSE @
BOULEVARD N20
BLDG-2022-00547 SFD O 0 1 4/21/2022 1 1 11/28/2022 1N N 986-064- 5980 TANZANITE PL MELROSE @
BOULEVARD N20
BLDG-2022-00548 SFD O 0 1 4/21/2022 1 1 11/28/2022 1N N 986-064- 6153 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2022-00549 SFD O 0 1 4/21/2022 1 1 11/28/2022 1N N 986-068- 6117 BULLION LN VENICE @
BOULEVARD N19
BLDG-2022-00634 SFD O 0 1 4/7/2022 1 1 12/21/2022 1N N
986-073- 5876 SILHOUETTE CT LOMBARD @
BOULEVARD N24
BLDG-2022-00720 SFD O 0 1 4/28/2022 1 1 12/29/2022 1N N 986-064- 6200 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2022-00792 SFD O 0 1 5/5/2022 1 1 12/19/2022 1N N
986-064- 6058 MICA PL MELROSE @
BOULEVARD N20
BLDG-2022-00796 SFD O 0 1 5/5/2022 1 1 12/19/2022 1N N
986-064- 6059 MICA PL MELROSE @
BOULEVARD N20
BLDG-2022-00797 SFD O 0 1 5/5/2022 1 1 12/19/2022 1N N
986-064- 6226 AMETHYST ST MELROSE @
BOULEVARD N20
BLDG-2022-00803 SFD O 0 1 5/5/2022 1 1 12/19/2022 1N N
986-0060-183-00
5728 KEMPER PL Hyde Park at Boulevard,
N-10, 5728 Kemper
Place,
Building 3, Units 201-202,
301-302, 401-402 (6 Plex)
Brookfield Hyde Park
LLC
BLDG-2020-00749
5+ O
0 6
8/24/2020
6 6
1/7/2022
6N N
986-0063-021-00
5720 GREIGE CIR 5720 Greige Cir., Units A,
B, C, D, E, F, G & I
Building 11 (8 Plex) (Lots
1101-1108)
CalAtlantic Homes,
Downing N-16 at
Boulevard
BLDG-2020-00822
5+ O
0 8
11/16/2020
8 8
2/1/2022
8N N
986-0063-022-00
5750 GREIGE CIR 5750 Greige Cir., Units A,
B, C, D, E, F, G & I
Building 12 (8 Plex) (Lots
1201-1208)
CalAtlantic Homes,
Downing N-16 at
Boulevard
BLDG-2020-00823
5+ O
0 8
11/16/2020
8 8
3/30/2022
8N N
986-0061-119-00
947 5575, 5577, 5579, 5581,
5583, 5585, 5587, 5589
Dublin Bl..
Building 13, Lots 1301-
1308 (8 Plex)
Skyline Neighborhood 8
at Boulevard
BLDG-2020-00834
5+ O
0 8
11/16/2020
8 8
2/7/2022
8N N
986-0061-136-00
5555 DUBLIN BL 5555, 5557, 5559, 5561,
5563, 5565, 5567, 5569
Dublin Bl.
Building 14, Lots 1401-
1408 (8 Plex)
Skyline Neighborhood 8
at Boulevard
BLDG-2020-00835
5+ O
0 8
11/16/2020
8 8
5/10/2022
8N N
986-0061-148-00
5525 DUBLIN BL 5525, 5527, 5529, 5531,
5533, 5535, 5537, 5539
Dublin Bl.
Building 15, Lots 1501-
1508 (8 Plex)
Skyline Neighborhood 8
at Boulevard
BLDG-2020-00836
5+ O
0 8
11/16/2020
8 8
6/9/2022
8N N
986-0061-162-00
5501 DUBLIN BL 5501, 5503, 5505, 5507,
5509, 5511, 5513, 5515
Dublin Bl.
Building 16, Lots 1601-
1608 (8 Plex)
Skyline Neighborhood 8
at Boulevard
BLDG-2020-00837
5+ O
0 8
11/16/2020
8 8
8/24/2022
8N N
986-0061-121-00
5501 STOUT ST 5501, 5503, 5505, 5507,
5509, 5511, 5513, 5515,
5517, 5519 Stout St.
Building 11, Lots 1101-
1110 (10 Plex)
Skyline Neighborhood 8
at Boulevard
BLDG-2020-01748
5+ O
0 10
11/16/2020
10 10
4/7/2022
10 N N
986-0070-082-00
5451 DUBLIN BL 5451, 5453, 5455, 5457,
5459, 5461, 5463, 5465
Dublin Bl., Multi-Family
Building, Broadway NH 7
at Boulevard, 8 Plex -
Building 2 - lots 9-16 -
building with 2 plans (1 &
2)
BLDG-2021-00271
5+ O
0 8
3/15/2021
8 8
3/28/2022
8N N
986-0070-024-00
5380 ARNOLD RD 5380, 5382, 5384, 5386,
5388, 5390, 5392, 5394,
5396, 5396 Arnold Rd.,
Multi-Family Building,
Broadway NH 7 at
Boulevard, 10 plex (B)
Building 3 - lots 17-26,
building 4 plans (1, 2, 3,
4)
BLDG-2021-00272
5+ O
0 10
3/15/2021
10 10
6/28/2022
10 N N
986-0060-190-00
5720 EL DORADO LN 5720 El Dorado Ln., Multi-
Family Building, Hyde
Park NH 10 at Boulevard,
Building 4 lots 19-24,
building with 3 plans (1, 2,
3)
Brookfield Hyde Park
LLC
BLDG-2021-00274
5+ O
0 6
3/15/2021
6 6
4/13/2022
6N N
986-0060-197-00
5781 EL DORADO LN 5781 El Dorado Ln.,
(units 201, 202, 301, 302,
401, 402) Multi-Family
Building, Hyde Park NH
10 at Blvd., Building 11
(lots 61-66) building with 3
plans (1, 2, 3)
Brookfield Hyde Park
LLC
BLDG-2021-00275
5+ O
0 6
3/15/2021
6 6
6/20/2022
6N N
986-0070-042-00
5400 SAFFRON WAY 5400, 5402, 5404, 5406,
5408, 5410, 5412, 5416
Saffron Way, Multi-Family
Building, Broadway NH-7
at Boulevard (8 Plex A)
Building 11 - (lots 81-88) -
Building with 2 plans (1, 2)
- Brookfield Broadway
LLC
BLDG-2021-00400
5+ O
0 6
4/5/2021
6 8
8/26/2022
8N N
124
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
986-0060-204-00
5690 METROSE CT 5690 Metrose Court,
Multi-Family Building,
Hyde Park NH-10 at
Boulevard (6 Plex)
Building 14 - (lots 79-84) -
Building with 3 plans (1, 2,
3) - Brookfield Hyde Park
LLC
BLDG-2021-00405
5+ O
0 6
4/5/2021
6 6
8/16/2022
6N N
986-0060-211-00
5680 CENTRAL PKWY 5680 Central Pkwy (units
201, 202, 301, 302, 401 &
402) Multi-Family
Building, Hyde Park NH-
10 at Boulevard. Building
17 (lots 97-102) building
with 3 plans (1, 2, 3)
Brookfield Hyde Park
LLC
BLDG-2021-00527
5+ O
0 6
4/16/2021
6 6
9/16/2022
6N N
986-0070-044-00
5402 ARNOLD RD 5402, 5406, 5410, 5416,
5418, 5422, 5426, 5430,
5436, 5438 Arnold Dr.,
Multi-Family Building,
Broadway NH-7 at
Boulevard, 10 Plex -
Building 4 - lots 27-36,
building with 4 plans (1, 2,
34 )
BLDG-2021-00529
5+ O
0 10
4/16/2021
10 10
9/23/2022
10 N N
986-0060-218-00
5700 CENTRAL PKWY 5700 Central Pkwy (units
201, 202, 301, 302, 401 &
402) Multi-Family
Building, Hyde Park NH-
10 at Boulevard. Building
16 (lots 91-96) building
with 3 plans (1, 2, 3)
Brookfield Hyde Park
LLC
BLDG-2021-00668
5+ O
0 6
4/23/2021
6 6
10/21/2022
6N N
986-0060-225-00
5825 STERLING ST 5825 Sterling St (units
201, 202, 301, 302, 401,
402) Multi-Family Building
Hyde Park NH-10 at
Boulevard. Building 15
(lots 85-90) building with 3
plans (1, 2, 3)
BLDG-2021-00832
5+ O
0 6
5/27/2021
6 6
11/28/2022
6N N
986-0060-232-00
5695 VANGUARD WAY 5695 Vanguard Wy (units
201, 202, 301, 302, 401,
402) Multi-Family Building
Hyde Park NH-10 at
Boulevard. Building 13
(lots 73-78) building with 3
plans (1, 2, 3)
BLDG-2021-01031
5+ O
0 6
6/18/2021
6 6
12/20/2022
6N N
986-0070-017-00
5463 MELISSA LN 5463, 5465, 5467, 5469
Melissa Ln., Multi-Family
Building, Broadway NH-7
at Boulevard (4 Plex) -
Building 8 - (lots 63-66) -
Building with 2 plans (1, 2)
- Brookfield Broadway
LLC
BLDG-2021-01177
5+ O
0 4
7/20/2021
4 4
11/16/2022
4N N
986-0070-062-00
5473 MELISSA LN 5473, 5475, 5477, 5479,
5481, 5483, 5485, 5487
Melissa Ln., Multi-Family
Building, Broadway NH-7
at Boulevard (8 Plex) AR -
Building 12 - (lots 89-96) -
Building with 2 plans (1, 2)
BLDG-2021-01178
5+ O
0 8
7/20/2021
8 8
12/1/2022
8N N
986-0070-018-00
5451 MELISSA LN 5451, 5453, 5455, 5457
Melissa Ln., Multi-Family
Building, Broadway NH-7
at Boulevard, (4 plex) -
Building 9 - (lots 67-70) -
building with 2 plans (1, 2)
- Brookfield Broadway
LLC
BLDG-2021-01339
5+ O
0 4
8/18/2021
4 4
11/23/2022
4N N
986-0070-016-00
5450 MELISSA LN 5450, 5452, 5456, 5458,
5460, 5462, 5466, 5468
Melissa Lane, Multi-
Family Building,
Broadway NH-7 at
Boulevard, (8 plex),
Building 7, building with 2
plans (1, 2) -
Brookfield Boardway LLC
BLDG-2021-01761
5+ O
0 8
10/27/2021
8 8
12/20/2022
8N N
941-0185-012-00
8529 LONGFORD WAY 739 SF detached ADU, 1
Bedroom, 1.5 bath
(main residence 8527
Longford Way)
BLDG-2022-00029
ADU R
0 1
9/1/2022
1 11 N N
941-0176-091-00 7765 CARDIGAN ST Detached ADU, 749 Sq
Ft, 1 bath, 2 bedrooms
BLDG-2022-00083 ADU R 0 1 10/27/2022 1 0N N
941-0177-019-00 7954 TAMARACK DR Detached ADU, 233 Sq
Ft
BLDG-2022-00259 ADU R 0 1 9/9/2022 1 0N N
941-0113-021-00
11627 CIRCLE WAY Addition of a new
construction ADU to rear
of property, 748 square
feet. ADU will comprised
of 2 bedrooms and 2
bathrooms.
BLDG-2022-00962
ADU R
0 1
8/23/2022
1 0N N
941-0170-056-00 7628 IRONWOOD DR Detached ADU, 678 Sq
Ft
, 6.80kW solar
BLDG-2022-01171 ADU R 0 1 10/7/2022 1 0N N
985-0051-004, 985-
0051-005, 985-
0051-006, 985-
0052-024, and 985-
0052-025
76.9-acre site primarily
bound by Tassajara
Road, Interstate 580,
Brannigan Street and
Gleason Drive
SCS Dublin PLPA-2022-00005 5+ O 50 50 11/15/2022
100
00 0N N
985-0051-004, 985-
0051-005, 985-
0051-006, 985-
0052-024, and 985-
0052-025
76.9-acre site primarily
bound by Tassajara
Road, Interstate 580,
Brannigan Street and
Gleason Drive
SCS Dublin PLPA-2022-00005 SFA O 6 344 11/15/2022
350
00 0N N
985-0051-004, 985-
0051-005, 985-
0051-006, 985-
0052-024, and 985-
0052-025
76.9-acre site primarily
bound by Tassajara
Road, Interstate 580,
Brannigan Street and
Gleason Drive
SCS Dublin PLPA-2022-00005 SFD O 150 11/15/2022
150
00 0N N
985-0051-004, 985-
0051-005, 985-
0051-006, 985-
0052-024, and 985-
0052-025
76.9-acre site primarily
bound by Tassajara
Road, Interstate 580,
Brannigan Street and
Gleason Drive
SCS Dublin PLPA-2022-00005 ADU R 50 50 11/15/2022
100
00 0N N
986-0066-020-00 5562 Holly Bay Ave. Multi-Family Building - Lot #5 (6-plex) Building with
roof mounted residential
photovoltaic system
Lennar Homes -
Gramercy at Boulevard,
NH-14
BLDG-2021-02414
5+ O
3/11/2022
0 6
2/17/2022
6 0N N
986-0070-023-00 5520 Saffron Way 5520, 5522, 5526, 5528 Saffron Wy., Multi-Family
Building, Broadway NH-7
at Boulevard (4 Plex)
Building 14, building with
2 plans (1, 2), lots 107-
110
Brookfield, Broadway NH-
7 BLDG-2022-00199
5+ O
3/25/2022
0 4
3/11/2022
4 0N N
986-0066-036-00 5565 Holly Bay Ave 5565, 5567, 5569, 5571, 5573 Holly Bay Ave.,
5838 Silver Pl., - Abbey
NH-15 at Boulevard -
Multi-Family Dwelling -
Building 21 (lots 17-21) 6
plex with 3 plans (1, 2, 3)
Brookfield Abbey LLC
BLDG-2022-00296
5+ O
12/16/2022
0 6
3/25/2022
6 0N N
986-0066-037-00 5553 Holly Bay Ave 5553, 5555, 5557, 5559, 5561 Holly Bay Ave.,
5526 Silver Wy., - Abbey
NH-15 at Boulevard -
Multi-Family Dwelling -
Building 22 (lots 23-28) 6
plex with 3 plans (1, 2, 3)
BLDG-2022-00455
5+ O
12/16/2022
0 6
12/16/2022
6 0N N
986-0077- 6202 Charlie Street Multi-Family Lot 86
(5Plex) Model Building
Units 701-705 Avalon @
BLVD N23
BLDG-2022-02318
5+ O
12/16/2022
0 5
12/16/2022
5 0N N
986-0076- 6472 Rosebay Ct Multi-Family - Lot #97 (5-
plex); Phase 1; Units
1801-1805
Avalon @ Boulevard
BLDG-2022-02352
5+ O
12/16/2022
0 5
12/16/2022
5 0N N
986-0076- 6436 Rosebay Ct Multi-Family, Lot #96 (5-
plex); Phase 2; Units
1701-1705; Tract 8372;
Avalon @ BLVD;
BLDG-2022-02375
5+ O
12/16/2022
0 5
12/16/2022
5 0N N
0 0 0N N
0 0 0
125
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 34
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 97 - 4,975 - 2,285
- 908 614 1,195 787 241 500 777 97 - 5,119 1,523 5 67
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date
Total Units
Remaining
398 - - - - - - - - - - 398 Please note: The APR form can only display data for one planning per iod. 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
407
Please note: For the last year of the 5th cycle, Table B w ill 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 only include units that were permitted sinc e the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as v ery low-income units in section 7 of Table A2 . They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need det ermined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Govermnet Code 65583(a)(1). Value in Section 5 is default value, assu med to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 126
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4567 9 1 0 1 1
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
127
Jurisdiction Dublin
Reporting Year 2022 (Jan. 1 - Dec. 31)
123 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram 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:
2022:
Minor Home Repair Grants- 3
Renew Alameda County- 0
Minor Home Repair Grants- 25 ($51,502.35)
Accessibility Improvement Grants-2 ($9,301.50)
Exterior Paint Grants-0
Housing Rehabilitation Loans-1 ($39,500)
Renew Alameda County- $0
Total-24 ($100,303.85)
Obj ti 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 421 households who rented in Dublin in 2022.
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
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
128
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.
In Fiscal Year 2021, the City was allocated $176,277 in CDBG CARES Act funds for rental assistance to 40 households, which was administered by the City.
In 2022, the City funded 29 individuals a total of $139,319 through the Residential Rental Assistance Program (RRAP) which is administrated 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):
2022:
Planning CE-186
Building CE-95
Total-281
Total:
Planning CE-1,554
Building CE-512
Total-2,066
Objective: 2,000
Remaining: 0Program 3: Code
Enforcement
Perform annual review of City
ordinances. Annual The 2022 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 2022. 129
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 2022, the City approved the SCS Dublin project, which consists of up to 500 market rate units, up to 100 affordable units, up to 100 ADU's and up to 265,000 square feet of retail commercial development.
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
In 2021, the City approved two affordable housing project in Downtown Dublin. On August 10, 2021 the Planning Commission approved a Site Development Review (SDR) application for Bridge Housing to construct 300 residential units and 2,200 square feet of retail on Golden Gate Drive in two phases. Since that time, Bridge Housing with another developer and proposed to change the phasing of the project to four phase. as follows: Phase A1 includes 80-90 units and 60% AMI; Phase A2 includes 76-86 units affordable to households earning an average of no greater than 60% of the area median income (AMI); Phase A3 includes 52-62 units at 80% AMI; and Phase A4 includes 74-84 units at 80% AMI.
On November 23, 2021, the Planning Commission approved a SDR for Eden Housing to the develop a 113-unit affordable senior housing development on a
1.33 acre site located at acre site located at 6541-6543 Regional Street.The City facilitated the aquisition of the site and allocated $5M from the Alameda County A- 1 Bond Fund and applied for and received a $3.3M LHTF Grant from HCD. With exception to the manager's units, 100 percent of the project units will be made affordable to households earning no more than 60 percent of the AMI, with 30 percent of the project units affordable to to households earing no more than 30 percent of AMI.
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. At the end of 2022, there were 142 units converted and now affordable to households earning no more than 80 percent AMI, 100 units affordable to households earning no more than 100 percent AMI, and 98 units affordable to households earning no more than 120 percent AMI. Additionally, the City facilitated the acquisition of the Eden St. Patrick Way Senior Affordable site. To facilitate affordable housing, the City allocated the following to the Amador Station project: $7.1 M of Housing Funds and allocated $2.9 M of Alameda County Measure A-1 Bond Funds, and applied and received a $3.3M Local Housing Trust Fund Grant from HCD for the project. For the Eden St. Patrick Way Senior Affordable project we allocated: $5M from the Alameda County A-1 Bond Fund and applied for and received a $3.3M LHTF Grant from HCD.
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 transfer is complete, Staff will work with an affordable housing developer to facilitate development of the site.
The City will continue to discuss opportunities on Site D-1 and other possible locations throughout the City.
130
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
Housin
g 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 - 2022.
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 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, in 2021 the City approved the 300-unit Amador Station project, which will be built in four phases. Phase A1 will include 80-90 units at 60% AMI; Phase A2 will include 78-86 units at 60% AMI; Phase B1 will include 74-84 units at 80% AMI; and Phase B2 will include 74-84 units at 80% AMI. 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. On May 17, 2022,the Dublin City Council adopted Resolution No.47-22 authorizing the application for and receipt of the LHTF program funds. The City received the award letter from HCD on October 11, 2022 for $3,333,333 from the LHTF program. The City is currently waiting to receive the executed LHTF program Standard Agreement from HCD.
Additionally, the City issued building permits for 5 ADUs in 2022. The City has exceeded the goal of 100 affordable units.
131
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: $45,830.00
2016: $3,462.00
2017: $359,928.47
2018: $11,878.78
2019: $191,696.96
2020: 0
2021: $71,467.83
2022: $39,847.40
Total: $39,847.40
Total 2015-2022:
Commercial Linkage Fees Collected-$724,111.44
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. There were no First Time Homebuyer Loans in 2022.
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
2022:
Moderate Income Loans-0
Total:
Moderate Income Loans-5
132
Program 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:
2022:
Moderate-0
Above Moderate-0
Total: 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
133
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 2022, the City issued building permits for 5 ADUs.
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.
In 2022, the City contracted with RRM Design Group to develop an ADU Prototype Plans to help facilitate the construction of ADUs by reducing costs for homeowners in the City. The City is currently working with RRM Design Group to update the 2022 ADU Prototype Plans to incorporate changes to comply with the recently adopted building code amendments that went into effect on January 1, 2023. In addition, an ADU Manual was developed in conjunction with the ADU Prototype Plans to guide applicants through the process of constructing an ADU.
All of this information is available to the public on the City's ADU website 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 Housing Element cycle:
2015:
Affordable ADUs-0
2016:
Affordable ADUs-12
2017:
ADUs-22
2018:
Affordable ADUs-18
2019:
Affordable ADUs-8
2020:
Affordable ADUs-5
2021:
Affordable ADUs-13
2022:
ADUs- 5
Affordable ADUs - 0
Total ADUs: 83
Total Affordable ADUs- 56
Objective: 30
134
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.
Continue to participate in regional
collaborations to address
homelessness.
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. In fiscal year 2022/2023, the City contributed more than $200,000 from the Housing and General Plan funds to Tri-Valley Haven.
- 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. In fiscal year 2022/2023, the City contributed $25,000 to CityServe from the General Plan funds.
- Goodness Village is a tiny home community that provides affordable and permanent housing options in a supportive community for people transitioning out of chronic homelessness. During Fiscal Year 2022/2023, the City contributed $8,460 to Goodness Village from the Homeless Housing, Assistance, and Prevention (HHAP) Grant. -Axis Community Health is a comprehensive health center that provides care from five sites located throughout the Tri-Valley area. Services include pediatrics, adult health, and women’s health care. Axis also provides mental health services, dental care, acupuncture, and chiropractic care. In fiscal year 2022/2023, Axis received more than $200,000 through CDBG funding.
-Centro Legal de la Raza is a legal services agency that provides legal representation in Northern and Central California for the low-income, Black, and Latinx communities through bilingual representation, education and advocacy. Legal services provided include tenant rights and unlawful evictions. In fiscal year 2022/2023, Centro Legal de la Gaza received more than $20,000 in CDBG funds.
-Open Heart Kitchen is a program that provides hot meals to those in need within the Tri- Valley area. In 2022, Open Heart Kitchen received $300,000 in CDBG Funds for the purchase of kitchen equipment. In addition, the City provided $25,000 in funding to Open Heart Kitchen from the American Rescue Plan Act (ARPA) General Funds in Fiscal Year 2022/2023.
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. No contribution was made in 2022.
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
necessar
y.
Annual
The City monitors housing development annually to ensure adequate sites remain available to meet the RHNA obligation.
135
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 Housin
g 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. The City refers residents to Housing and Economic Rights Advocates (HERA) for legal assistance for evictions and emergency mortgage assistance programs.
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. 136
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
throu
gh 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 Januar
y 2020.
Program 21: Green
Building Guidelines
Continue to implement the provisions of
the Green Building Ordinance. 2015-2023
In November 2022, the City Council adopted the 2022 Building Code, which included amendments to adopt the latest California Green Building Standards Code along with local amendments that went into effect on January 1, 2023. The local amendments included requirements for all new buildings to be all-electric with exceptions to certain multi-family and commercial buildings where the design team has provided evidence that an all-electric building is unable to meet established requirements under the California Building Energy Efficiency Standards; and b) commercial buildings containing kitchens or having the potential to contain kitchens, upon application, may install gas to thebuilding for use in the kitchen areas. These modifications were necessary to limit the greenhouse gas (GHG) emissions from natural gas. It is estimated that without therequirement for all-electric buildings, new construction will add over three million thermsof natural gas use in Dublin by 2045. In addition, all-electric buildings have been found to be less expensive to construct and operate in Dublin’s climate zone compared to constructing buildings with both gas and electric utilities, especially when paired with solar photovoltaic (PV) installations.
Coupled with the communitywide 100% carbon-free energy of Measure CF-1 in the Climate Action Plan (CAP), new building electrification will result in homes and businesses that emit no GHGs. In addition, this amendment will meet the requirements of measure EE-1 of the CAP.
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.
137
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.
Finall
y, the City continues to offer subsidized permit fees for the installation of 138
General Comments
139
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (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
34 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
140
Jurisdiction Dublin City of Dublin ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely Low-
Income
+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community‐
development/docs/adequate‐sites‐checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
142 142 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. At the end of 2022, there
were 142 units converted and now affordable to
households earning no more than 80 percent AMI, 100
units affordable to households earning no more than
100 percent AMI, and 98 units affordable to households
earning no more than 120 percent AMI.
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income 142 142
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.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
141
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
23 Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for information to this table, please ensure housing developments meet the requirements described in Government Code 65400 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversi
142
Notes
6 Moderate-
Income Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
n 65400.2
moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding
0.2(b).
5 on Units credited toward Above Moderate
RHNA
143
Jurisdiction Dublin
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 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
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.
144
Jurisdiction Dublin Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
12 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Alameda County jurisdictions, please format the APN's as follows:999A-9999-999-99 145
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Note: + indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle
01/31/2015 - 01/31/2023
Project Type Date Notes
23 APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Notes
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9 ) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020
146
Jurisdiction Dublin ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
23 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date 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 Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
147
Jurisdiction Dublin
Reporting Year 2022 (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 0
Non-Deed Restricted 0
97 97
Units by Structure Type Entitled Permitted Completed
SFA 350 0 0
SFD 150 55 147
2 to 4 0 0 0
5+ 100 37 166
ADU 100 5 0
MH 0 0 0
Total 700 97 313
4 700
700
0 0
0 0
0 Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 00 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
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
148
Jurisdiction Dublin
Reporting Year 2022 (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 $0.00 None HCD Certification Pending Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 100
Non-Deed Restricted 0
Deed Restricted 56
Non-Deed Restricted 0
544
700
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
97 97
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
300,000.00$
Task Status
Completed
Completed
Completed
Completed
Completed
Completed
Completed
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
149
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 7
Non-Deed Restricted 0
306
313Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
150
STAFF REPORT
CITY COUNCIL
Agenda Item 4.6
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Byname for a Segment of St. Patrick Way
Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider selecting a byname for the segment of St. Patrick Way in front of the future Avalon West residential project between Golden Gate Drive and Regional Street to frame an identity for this specific area and lend to its use for special events and linkage to the Downtown.
STAFF RECOMMENDATION:
Select “St. Pat’s Row” as the byname for the segment of St. Patrick Way in front of the future Avalon West Residential Project between Golden Gate Drive and Regional Street.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On May 1, 2018, the City Council adopted Resolution No. 41-18 approving a Community Benefit Program Agreement between the City of Dublin and Bayview Development Group for the Avalon West residential project (the agreement was subsequently assigned to Avalon West Dublin, L.P.).
The project consists of a 499-unit residential development and other site improvements at 6700 Golden Gate Drive.
The Community Benefit Program Agreement stipulated that, in addition to other requirements, the developer would make enhancements and streetscape improvements to St. Patrick Way so that the street can function as a usable space for special events and Downtown activation. An example of events could include Farmers’ Markets, festivals, and Makers’ markets, with utilization of food trucks and other mobile amenities.
151
Figure 1. Project and Street Location
Providing a byname for the segment of the street where such events would take place would help create an identity for this specific area, lending to communal association and a sense of local ownership among residents. The byname could be affectionately referred to in invitations, social media posts, and directional references. This is similar to Village Parkway’s byname as “The Village.”
At its February 15, 2023 Special Meeting, the Economic Development Committee was asked to select a byname from two presented options or make an alternate selection. The options presented, resulting from an internal poll, were “Paddy’s Station” and “St. Pat’s Row”. The Committee considered the options and, by consensus, recommended that the City Council approve “St. Pat’s Row” as the byname for the segment of St. Patrick Way to be used for special events.
As part of the streetscape improvements, a sidewalk monument sign with the byname would be installed.
152
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted and a copy was provided to the developer of the Avalon West project.
ATTACHMENTS:
None.
153
STAFF REPORT
CITY COUNCIL
Agenda Item 4.7
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Appointment to Alameda County Mosquito Abatement District Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider the Mayor’s recommendation to appoint Councilmember Qaadri as the City of Dublin representative to the Alameda County Mosquito Abatement District.
STAFF RECOMMENDATION:
Confirm the Mayor’s recommendation by adopting the Resolution Making an Appointment to the Alameda County Mosquito Abatement District Board of Trustees.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Alameda County Mosquito Abatement District Board (ACMAD) is a public agency serving the people of Alameda County. The Alameda County Board of Supervisors, and each of the elected councils of the 13 cities within the district, appoints one trustee to represent its constituency on the governing board of the ACMAD.
The members of the Board of Trustees serve two-year terms without compensation and receive allowances for expenses incurred in attending business meetings of the Board. Due to the vacancy caused by former appointee Shawn Kumagai’s resignation, a request from ACMAD to appoint the City’s representative has been received.
Mayor Hernandez requests that the City Council confirm the appointment of Councilmember Kashef Qaadri as the City of Dublin’s representative to the Alameda County Mosquito Abatement District Board for the remainder of a term ending January 1, 2024. 154
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a certified copy of the adopted Resolution will be sent to the Alameda County Mosquito Abatement District.
ATTACHMENTS:
1) Resolution Making an Appointment to the Alameda County Mosquito Abatement District Board of Trustees
155
Attachment 1
Reso. No. XX-23, Item X.X, Adopted 03/07/2023 Page 1 of 1 RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
MAKING AN APPOINTMENT TO THE
ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT
BOARD OF TRUSTEES
WHEREAS, the City of Dublin is authorized to appoint one member to the Board of Trustees of the Alameda County Mosquito Abatement District; and WHEREAS, the City Council re-appointed Shawn Kumagai on December 21, 2021, for a term starting January 1, 2022, and ending January 1, 2024; and WHEREAS, Shawn Kumagai has resigned his position as a member of the Board of Trustees of the Alameda County Mosquito Abatement District representing the City of Dublin.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council hereby appoints Councilmember Kashef Qaadri as a member of the Board of Trustees of the Alameda County Mosquito Abatement District representing the City of Dublin for the remainder of the term ending January 1, 2024.
BE IT FURTHER RESOLVED that the City Clerk shall forward a certified copy of this Resolution to the Alameda County Mosquito Abatement District.
PASSED, APPROVED AND ADOPTED this 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
_________________________________
City Clerk
156
STAFF REPORT
CITY COUNCIL
Agenda Item 6.1
DATE: March 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Branaugh Property (PLPA-2021-00014)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider a request from Randy Branaugh of BEX Development for the Branaugh Property project, which includes an amendment to the existing Planned Development Zoning Stage 1 Development Plan, approval of a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306 and Development Agreement. The proposed project would establish zoning regulations and development standards for future development of up to 97 homes and approximately 527,773 square feet of industrial uses. The proposed project would also subdivide the 40.16-acre site into four parcels to accommodate proposed residential and industrial development. The City Council will also consider a determination that the project impacts are covered under the Eastern Dublin Specific Plan Environmental Impact Reports and no further environmental review is required.
STAFF RECOMMENDATION:
Conduct the public hearing and take the following actions: 1) Waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property; 2) Adopt the Resolution Approving Vesting Tentative Parcel Map No. 9306 for the Branaugh Property; and 3) Waive the reading and INTRODUCE the Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project.
FINANCIAL IMPACT:
All costs associated with the processing of the application are paid by the applicant. 157
DESCRIPTION:
Background
The Branaugh property is located north of Interstate 580, adjacent to the eastern city boundary, and south of the Croak property (East Ranch Project) within the Fallon Village project area (refer to Figure 1). Please refer to Table 1 for surrounding uses. The project site is primarily undeveloped grass lands with existing structures located in the southern portion of the property, including several houses, a barn, and sheds. A landscaping business occupies the area closest to I- 580 and the property also has a house located in the northwestern portion of the property. Access to the site is currently provided from Collier Canyon Road. Once developed, access to the site will be provided by the future Dublin Boulevard extension and the future extension of Central Parkway.
Figure 1. Location Map
Table 1. Surrounding Land Uses
Location Zoning General Plan Land Use Current Use of
Property
North PD (Planned Development) Single Family
Residential
Vacant
(future East Ranch
Residential Project)
South N/A N/A Collier Canyon Road /
I-580
East Alameda County
A Agriculture
Alameda County
RM Resource
Management
Vacant
West PD (Planned Development) Medium Density Vacant
158
Residential &
Industrial Park
The 1,134+ acre Fallon Village project, which included a General Plan Amendment, Eastern Dublin Specific Plan Amendment (Resolution No. 223-05), and Planned Development Rezone with a Stage 1 Development Plan (Ordinance No. 32-05), was approved by the City Council in December 2005. As part of the City Council approval, 9.87 acres were designated Medium-Density Residential, and 30.29 acres were designated Industrial Park land uses on the Branaugh property.
The Stage 1 Development Plan established the permitted, conditional, and temporary land uses allowed on the Branaugh property. An overview of the types of uses for each land use designation is provided in Table 2 below. This is not an exhaustive list but provides context as to the types of uses envisioned for this area of Fallon Village. No changes to the existing allowable uses are included as part of the proposed project.
Table 2. Overview of Allowed Uses
Land Use Designation Permitted Land Uses
Conditionally Permitted
Land Uses
Medium Density
Residential
Accessory Dwelling Unit
Accessory Structures/Uses
Home Occupation
Multi-Family Dwelling
Single Family Dwelling
Small/Large Day Care Home
Bed and Breakfast Inn
Boarding House
Community Care Facility
Day Care Center
Semi-Public Facilities
Industrial Park
Automobile/vehicle rental
Building Material sales and storage
Contractor
Home appliance report
Light manufacturing
Research and Development
Warehousing distribution
Automobile/vehicle sales and service
Animal sales and service
Gas stations
Mini-storage
Outdoor storage
Recreation (indoor and outdoor)
Recycling facility
Veterinary office
Proposed Project
The Applicant has requested approval of an amendment to the existing Planned Development Zoning Stage 1 Development Plan, Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306, and a Development Agreement. The project would establish development standards and subdivide the 40.16-acre site into four parcels to accommodate proposed residential and industrial development. The project approvals would include up to 97 units within 9.87 acres designated Medium-Density Residential and approximately 527,773 square feet of industrial use on 30.29 acres designated Industrial Park.
Additional discretionary approvals are required to implement the project; however, they are not requested at this time. Those include approval of 1) Site Development Review Permits by the Planning Commission for the architectural and site plan details; 2) a Tentative Tract Map for the individual residential parcels; and 3) a Master Sign Program/Site Development Review Permit by the Community Development Director for the industrial signage. The timing of those permits will 159
likely correspond with the construction of the Dublin Boulevard extension.
Analysis
Planned Development Zoning
The site has existing Planned Development Zoning (Ordinance No. 32-05). The Stage 1 Development Plan established the specific residential and industrial uses that are permitted by right, conditionally permitted, and prohibited, as well as the overall development density and intensity on this site. The Stage 1 Development Plan also provides development standards for industrial sites which may be modified through a Stage 2 Development Plan for projects that are greater than 15 acres.
The application includes a Planned Development Zoning Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The Stage 2 Development Plan builds off the existing Stage 1 Development Plan (which allows modifications to development regulations to items such as density, setbacks, height, and parking) and includes architectural and landscape standards, a phasing plan, inclusionary housing requirements, and a conceptual site plan for the residential and industrial areas. The proposed Stage 2 Site Plan is provided in Figure 2 below.
Figure 2. Planned Development Stage 2Site Plan
An amendment to the Stage 1 Development Plan is necessary for consistency with the proposed Stage 2 Development Plan. The sole amendment to the Stage 1 Development Plan is to increase in the floor area ratio (FAR) from 0.35 to 0.40 for warehousing uses in the industrial area. No other changes to the Stage 1 Development Plan are proposed.
Increase in Floor Area Ratio
The proposed Planned Development Rezone includes increasing the FAR from 0.35 to 0.40 in the industrial area for warehousing uses only. For all other uses the maximum FAR will remain 0.35 FAR. As stated in the General Plan and Eastern Dublin Specific Plan, an increase in FAR beyond
0.35 is allowed on the portions of the site designated Industrial Park at the discretion of City Council as follows:
160
General Plan:
Industrial Park
(Maximum FAR: .35, see text below for exceptions; Employee Density: 590 square feet per employee)
This designation allows a wide variety of minimum-impact, light industrial uses. Uses allowed within this designation include, but are not limited to, manufacturing, processing, assembly, fabrication, research and development, printing, warehouse and distribution, and wholesale and heavy commercial uses provided the activities do not have significant external effects in the form of noise, dust, glare, or odor. Uses requiring outdoor storage and service yards are permitted in this designation if they do not have adverse effects on surrounding uses. Residential uses are not permitted within this designation. Warehousing uses may go as high as .50 FAR at the discretion of the City Council.
Eastern Dublin Specific Plan:
Industrial Park
(Maximum .35 Floor Area Ratio)
Accommodates a wide variety of minimum-impact, light industrial uses, provided these activities do not produce offensive levels of noise, dust, glare, or odor. Residential uses are not permitted within this designation. There are no minimum FAR requirements for the Industrial Park designation. Higher FARs may be approved at the discretion of the City Council if proposed uses meet one or more of the following criteria:
Unique project characteristics which result in reduced impacts relative to other uses in the same area (e.g., lower traffic generation); Unique project building requirements (e.g., warehouse uses that have large land coverage requirements but low employment densities);
Extraordinary benefits to the City.
On May 18, 2021, the City Council approved an Economic Development Zone (EDZ) and incentives package for properties east of Fallon Road along the future Dublin Boulevard extension. The EDZ encourages investments in the targeted industry sectors prioritized by the City Council, including “Med-Tech” and “Bio-Tech” companies and startups. The final users of the industrial parcels are unknown and therefore, the Planned Development Stage 2 Development Plan provides flexibility to support uses targeted by the EDZ incentives package. According to the Applicant, a FAR of 0.40 for warehousing uses is needed to obtain the building square footage to meet user needs.
An overview of the Stage 2 Development Plan is provided below. The draft Ordinance providing details of the amendments to the Stage 1 Development Plan and the proposed Stage 2 Development Plan is included as Attachment 1.
Development Standards
The Stage 1 Development Plan includes development standards for the Industrial Park and Residential area and allows them to be modified through a Stage 2 Development Plan.
Development standards are proposed for the residential neighborhood supporting single-family 161
and multi-family homes of various sizes and styles. Building off the existing Stage 1 Development Plan, the single-family homes would be a mix of one- and two-story buildings with a maximum height of 35 feet. The attached multi-family homes would be a maximum of three stories and 40 feet in height. A minimum of two covered parking spaces and one guest parking space are required for every unit in the project area.
For the industrial area, the development standards would allow a maximum height of three stories and 35 feet. It also provides the required setbacks for both the building and parking areas from Dublin Boulevard adjacent properties. The parking requirement defers to the Dublin Municipal Code. A complete list of all development standards is included in the proposed Planned Development Ordinance (Attachment 1).
Increase in Floor Area Ratio
As outlined above, the proposed Planned Development Zoning includes increasing the FAR from
0.35 to 0.40 in the industrial area for warehousing uses only. For all other uses the maximum FAR will remain 0.35 FAR.
Architectural and Landscape Guidelines
The architectural and landscape guidelines provided in the Stage 2 Development Plan provide the framework for the future Site Development Review Permits. The architectural and landscape guidelines are based on the Design Guidelines and Master Neighborhood Landscaping Plan in the Stage 1 Development Plan and aim to promote well-designed and attractive development.
The architectural guidelines are organized into two sections: Residential Design Guidelines and Industrial Design Guidelines. The guidelines for the residential area focus on four proposed architectural styles: Mediterranean, Cottage, American Heritage, and Traditional architecture. The residential guidelines seek to develop an interesting mix of plans and elevation styles and to ensure balanced and varied streetscapes. To achieve this, requirements for varied elevations, colors, and massing are included as well as criteria for building form and articulation, roof, window, and door details, garage design and placement, and building materials and finishes.
The industrial guidelines focus on creating a unique sense of place that is complementary to its industrial and residential surroundings. The industrial guidelines focus on contemporary and modern styles and include criteria for site design, parking and circulation, storage and loading areas, building form, scale, and finish materials. The architectural guidelines are included as Attachment 2.
The proposed landscape guidelines are intended to complement and enhance the architecture throughout the development. The emphasis for the Branaugh property is to create a well-designed development through the choices and arrangement of materials, colors, and textures. The overall landscape theme provides vibrant, flowering plant material that complements the architecture and provides seasonal color while encouraging pedestrian access and connectivity to adjacent uses and activities. The landscape guidelines are included as Attachment 3.
Inclusionary Zoning
Pursuant to the City’s Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal 162
Code), developments of more than 20 residential units are required to set aside 12.5% of the units in the project as affordable units. The proposed project includes up to 97 units which generates an affordable requirement of up to 12 units. The Inclusionary Zoning Regulations further allow the payment of fees in-lieu of constructing 40% of the inclusionary units and provides additional alternative methods of compliance with these requirements.
The applicant’s proposal to comply with the City’s Inclusionary Zoning Regulations is outlined in the Planned Development Ordinance and added as a condition of approval for the tentative map.
The inclusionary housing requirement will be satisfied as follows:
In-Lieu Fee: 40% of the total number of inclusionary units within the development shall be satisfied via payment of an “In-Lieu Fee” as provided by the City’s Impact Fee Schedule. On-site Affordable Units: 60% of the total number of inclusionary units within the development shall be developed on site.
On-site Affordable Units shall be dispersed throughout the neighborhood and constructed concurrently with the market rate units.
Execution of an agreement imposing appropriate resale controls and/or rental restrictions on the affordable units shall be required in accordance with DMC Chapter
8.68. The Development Agreement also includes the option to pursue an alternative method of compliance as provided by the Dublin Municipal Code.
Vesting Tentative Parcel Map
The application includes a request for Vesting Tentative Parcel Map (VTPM) No. 9306 to create the individual development parcels. The proposed Vesting Tentative Parcel Map would subdivide the 40.16-acre Branaugh property into four parcels as follows:
Table 3. Summary of Parcel Map
Parcel Parcel Size
(acres)
Existing Land Use Proposed Use
1 9.87 Medium Density Residential Residential
2 2.04 Industrial Park Water Quality Facility for
Residential
3 17.87 Industrial Park Industrial
4 8.51 Industrial Park Industrial
In addition, 1.87-acres of the property has been set aside for the future extension of Dublin Boulevard located between Parcels 3 and 4. The future Dublin Boulevard extension dedication includes a 130-foot right-of-way plus a 10-foot Public Service Easement on both the north and south side of the road. The VTPM is included as Attachment 5.
Development Agreement
The Applicant has requested approval of a Development Agreement for the project. The Development Agreement would provide security to the Applicant that the City will not change its zoning and other laws applicable to the project for a stated period of time. Additionally, it is a 163
mechanism for the City to obtain commitments from the Applicant that the City might not otherwise be able to obtain. The details of the Development Agreement can be found in Attachment 8. The main points are highlighted below.
Project Grading
To accommodate the grading necessary on the property for future development, the Development Agreement allows the property owner to grade the entirety of parcel prior to the construction of the Dublin Boulevard extension. If grading has not commenced, a slope easement adjacent to the Dublin Boulevard frontage shall be dedicated.
Affordable Housing
The Development Agreement acknowledges the property owner's intention to request an “alternative method of compliance” for required affordable units as outlined in the Inclusionary Zoning Regulations section above. The Development Agreement does not commit to a specific alternative method, which would need to be approved by the City Council, if requested.
Right-of-Way Dedications
As part of the project, the property owner is required to dedicate land to support the Dublin Boulevard extension and the Collier Canyon Road realignment as part of the Valley Link project.
The Development Agreement requires the dedication of Dublin Boulevard to occur no later than three years from the approval date of the VTPM and the dedication of Collier Canyon Road on the first final map.
Community Facilities District for Mitigation Impacts of Dublin Boulevard Extension The Dublin Boulevard extension project results in direct and indirect impacts on the environment which need to be mitigated prior to construction of the road. The Development Agreement includes working with the property owner on the funding and financing for the impacts related to the Dublin Boulevard extension and to the project. More specifically, it includes the formation of a Community Facilities District (CFD) to fund the acquisition of facilities required to mitigate for indirect impacts in association with construction of the Dublin Boulevard extension. A CFD is a special tax district which would allow the property owner to impose a special tax to fund services, public improvements, or infrastructure. The CFD must be formed prior to the filing of the first parcel or final map unless an alternative to mitigate the impacts is approved by the City Engineer.
Community Facilities District for Service and Maintenance of Public Improvements The Development Agreement includes provisions that require the developer to cooperate with the formation of a CFD for the purpose of financing the services and maintenance of public facilities/improvements constructed by the Developer. Public facilities/improvements include all public streets (including storm drain systems, streetlights, and other street appurtenances) within Parcels 1 and 2 (future residential tract), as shown on the Vesting Tentative Parcel Map 9306.
Eastern Dublin Transportation Impact Fee Credits
The Development Agreement restricts the Developer from using or applying any Eastern Dublin Transportation Impact Fee (EDTIF) Credits that they have purchased or transferred from any other credit-holder to satisfy their EDTIF obligations. 164
Floor Area Ratio Flexibility up to .50
The proposed project includes an increase to the floor area ratio (FAR) from .35 to .40 for warehousing uses only. The property owner is interested in seeking a General Plan Amendment in the future to allow for a further increase to .50 FAR. The Development Agreement does not commit to the amendment but acknowledges the property owner’s intention.
Land Use Amendments
The property owner would like flexibility with the future for hybrid uses, specifically for uses such as the sale of wine and wine production. To allow these uses, the Applicant would need a General Plan and Eastern Dublin Specific Plan Amendment to change the land use designation from Industrial Park to General Commercial/Campus Office, and a corresponding amendment to the Planned Development Zoning. The Development Agreement does not commit to the amendment but acknowledges the property owner’s intention.
The draft Ordinance approving the Development Agreement is included as Attachment 6 with the Development Agreement itself as Attachment 7.
Consistency with the General Plan, Specific Plan and Zoning Ordinance The proposed Planned Development Rezone and Vesting Tentative Parcel Map are consistent with the City of Dublin General Plan, Eastern Dublin Specific Plan, and the Dublin Zoning Ordinance because the proposed zoning and land division will allow for the implementation of Medium- Density Residential and Industrial Park uses within the project area which has been designated for such uses.
Airport Influence Area (AIA)/Overlay Zoning District
The project site is located within the Airport Influence Area (AIA)/Overlay Zoning District and Airport Safety Zone 6 as provided in Chapter 8.35 of the Dublin Municipal Code. This area is designated as an area in which current or future airport-related noise, overflight, safety and/or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The AIA is a designation by the Alameda County Airport Land Use Commission.
All permitted and conditionally permitted uses set forth in a Planned Development Zoning District that was adopted and in effect prior to August 2012 are considered to be “Existing Land Uses” pursuant to the Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority over Existing Land Uses unless changes to an Existing Land Use results in an increase of nonconformity with ALUCP policies. The proposed Planned Development Zoning District does not include any new land uses beyond what was allowed in the existing Planned Development Zoning District, including a variety of residential and industrial uses. The Planned Development Zoning District includes increasing the FAR for warehousing uses from 0.35 to 0.40. The Livermore Municipal Airport ALUCP allows warehousing in Safety Zone 6 with no limit to intensity (people/acre), therefore the increase in FAR is consistent with the ALUCP.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for 165
environmental impacts and that environmental documents be prepared. Prior CEQA analysis for the Fallon East project area includes: 1) the East Dublin General Plan and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs.” Pursuant to CEQA Guidelines and using the City’s Initial Study Checklist, the City assessed whether any further environmental review is required for the proposed project and determined an Addendum to the EDSP EIRs is the appropriate CEQA review. The Addendum is included as Attachment 9.
PLANNING COMMISSION REVIEW:
On February 14, 2023, the Planning Commission held a public hearing to consider the proposed project and make a recommendation to the City Council. As part of the public hearing, one member of the public provided comments. Following the public hearing, the Planning Commission adopted Resolution No. 23-01 (Attachment 9) unanimously recommending approval of the project.
STRATEGIC PLAN INITIATIVE:
Strategy 5: Large Land Tract Development and Open Space.
Objective B: Work with the area property owners in conjunction with the Dublin Blvd. extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Two City-led Community Meetings were held on September 7 and 8, 2022, to provide Dublin residents with information about the proposed Branaugh Property project. Four community members attended the meeting on September 7 and five community members attended the meeting on September 8. Staff provided a presentation that included an overview of the City’s development review process and the proposed project. Questions were asked about the Dublin Boulevard extension project, airport noise impacts on the residential development, water supply for future development, timing of project development, affordable housing, and the impacts to schools.
In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the subject property. A Public Notice was also published in the East Bay Times and posted at several locations throughout the City. To date, the City has not received any comments regarding the project. A copy of this Staff Report was posted on the City’s website and provided to the Applicant.
166
ATTACHMENTS:
1) Ordinance Amending the Zoning Map and Approving Amendments to Planned Development Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property
2) Exhibit A to the Ordinance - Architectural Guidelines 3) Exhibit B to the Ordinance - Landscape Guidelines
4) Resolution Approving Vesting Tentative Parcel Map No. 9306 for the Branaugh Property 5) Exhibit A to the Resolution - Vesting Tentative Map
6) Ordinance Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project
7) Exhibit A to the Ordinance - Development Agreement
8) CEQA Analysis in Support of Addendum
9) Planning Commission Resolution No. 23-01 without Exhibits 167
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9 ORDINANCE NO. xx – 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP AND APPROVING AMENDMENTS TO PLANNED DEVELOPMENT ZONING ORDINANCE NO. 32-05 FOR FALLON VILLAGE AND APPROVING A PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR
THE BRANAUGH PROPERTY
PLPA 2021-00014
(APN 905-0001-004-04)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Branaugh Property is located in the Fallon Village Project area. Through Ordinance No. 32-05, the City Council adopted a Planned Development Zoning Stage 1 Development Plan the Fallon Village Project Area which, among other approvals, established the maximum number of residential units at 3,108 units for the Fallon Village Project Area.
B. The Applicant, Randy Branaugh, is requesting a Planned Development Zoning Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The proposed Project would allow up to 97 residential units and 527,773 square feet of industrial uses.
Requested land use approvals include a Planned Development Zoning Stage 2 Development Plan, amendments to the Stage 1 Development Plan, and Vesting Tentative Parcel Map No. 9306 and a Development Agreement among other related actions. These planning and implementing actions are collectively known as the “Branaugh Property Project” or the “Project.”
C. The 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin, north of Interstate 580 and immediately adjacent to the City limit and urban limit line.
D. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Addendum for the Project, which reflected the City’s independent judgment and analysis of the potential environmental impacts of the Project. Prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs.” E. Following a public hearing on February 14, 2023, the Planning Commission adopted Resolution No. 23-01, recommending approval of the Addendum and the Branaugh Property Project.
F. The City Council considered the Addendum to the EDSP EIRs, and all above referenced reports, recommendations, and testimony prior to taking action on the Project.
G. On March 7, 2023, the City Council adopted Resolution No. xx-23 approving Vesting Tentative Parcel Map No. 9306.
Attachment 1
168
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 9 SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council finds as follows:
1. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 in that 1) it provides maximum flexibility and diversification in the development of property,; 2) maintains consistency with, and implement the provisions of, the Dublin General Plan and the Eastern Dublin Specific Plan; 3) protects the integrity and character of both residential and non-residential areas of the City; 4) encourages efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features; 5) provide for effective development of public facilities and services for the site; 6) encourages use of design features to achieve development that is compatible with the area; and 7) allows for creative and imaginative design that will promote amenities beyond those expected in conventional developments.
2. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas in that 1) the proposed project is located within the Fallon Village Stage 1 Development Plan area which has a mixed of residential, commercial and industrial areas; 2) the project’s residential area will be consistent the planned residential project (East Ranch) to the north and medium density residential land use to the west and 3) the industrial area to the west is envisioned to be developed with similar and compatible uses.
3. The subject site is physically suitable for the type, intensity of the zoning district being proposed in that the proposed density and development standards in the proposed zoning is consistent with the existing Stage 1 Development Plan and existing land use designations in the General Plan and Eastern Dublin Specific Plan.
4. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that 1) the proposed amendment addresses the planned design of the Dublin Boulevard extension and provides for a higher FAR for warehousing uses only consistent with the General Plan and Eastern Dublin Specific Plan and 2) the industrial area to the west is envisioned to be developed with similar and compatible uses.
5. The proposed amendment is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan in that the proposed land uses are densities are consistent with existing land use designations in the General Plan and Eastern Dublin Specific Plan.
B. Pursuant to Ordinance No. 32-05 Section 3.2.A.3), the City Council makes the following findings regarding the amendments to the Stage 1 Development Plan as follows:
1. The proposed use and development is consistent with the General Plan, Eastern Dublin Specific Plan and Zoning Ordinance.
2. The proposed development is consistent with Stage 1 and 2 design guidelines. 169
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 9
3. Appropriate transitions are developed between projects where an industrial use is adjacent to a different use. These transitions can be created through careful design of landscaping, consideration of the relationship of the uses to buildings on surrounding sites, building and circulation layout, and setbacks.
4. The size, scale and intensity of development do not conflict with the character of the district and adjacent land uses.
5. Adequate space, light, and air along with visual and acoustical privacy are provided.
6. No excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences are generated.
7. On and off-site vehicular and pedestrian linkages and circulation are functional and minimize barriers.
8. Streetscapes and parking lots are varied, create visual interest and are pedestrian friendly.
9. The development provides access to public transit and services.
10. Adequate on-site parking, including the ability to participate in shared parking, is provided.
11. Where possible, certain elements should be coordinated and shared, including access drives; internal circulation; perimeter open space and landscape buffers; service, loading, and refuse locations; and drainage, detention, and water quality facilities.
C. Pursuant to the Eastern Dublin Specific Plan Section 4.8.2 related to the increase in FAR to
0.40 for warehousing uses, the City Council finds as follows:
1. Unique project characteristics which result in reduced impacts relative to other uses in the same area (e.g., lower traffic generation);
2. Unique project building requirements (e.g., warehouse uses that have large land coverage requirements but low employment densities); and
3. Extraordinary benefits to the City.
The establishment of the Economic Development Zone (EDZ) and Incentives package was approved by City Council on May 18, 2021, for properties east of Fallon Road along the Dublin Boulevard extension. The EDZ encourages investments in the targeted industry sectors prioritized by City Council, including “Med-Tech” and “Bio-Tech” companies and startups. The final users of the industrial parcels are unknown and therefore, the Planned Development Stage 2 Development Plan provides flexibility to support uses targeted by the EDZ incentives package. An FAR of 0.40 for warehousing uses is needed to obtain the building square footage to meet the users’ needs.
SECTION 3. AMENDMENTS TO THE OF STAGE 1 DEVELOPMENT PLAN ORDINANCE NO. 32-05
170
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 9 Fallon Village Stage 1 Development Plan
On December 20, 2005, the City Council approved a Stage 1 Development Plan for the 1,134- acre Fallon Village Project, pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. The Planned Development Stage 1 Development Plan for the Fallon Village Project is amended as shown below:
5. Site area, proposed densities. The Table in Section 5 (Site area, proposed densities) of Ordinance 32-05 is amended to add a footnote to the Industrial Park land use, as shown below to, increase the FAR for the Industrial Park land use on the Branaugh Property to 0.40 FAR as follows:
Land Use Acreage Density
Single Family Residential 403.6 acres 0-6.0 units/acre
Medium Density Residential 60.1 acres 6.1-14.0 units/acre Medium High Density
Residential
23.8 acres 14.1-25.0 units/acre
Rural Residential/Agriculture 142.9 acres 1 unit/100 acres Mixed Use 6.4 acres 0.3-1.00 FAR
General Commercial 72.1 acres 0.20-0.60 FAR
General Commercial/
Campus Office
72.7 acres 0.2-0.80 FAR
Industrial Park 61.3 acres 0.35 / 0.40 FAR1
Community Park 18.3 acres --
Neighborhood Park 23.6 acres --
Neighborhood Square 8.0 acres --
Open Space 211.2 acres --
Elementary School 21.1 acres --
Semi-Public 4.1 acres 0.50 FAR
Public/Semi-Public 4.5 acres 0.50 FAR
1The maximum FAR for warehousing uses is 0.40 FAR for the Branaugh Property only. For all other uses and parcels the maximum FAR is 0.35 FAR.
SECTION 4: ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District:
40.16-acres within APN 905-0001-004-04 (the “Property”) A map of the rezoning area is shown below:
171
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 9 SECTION 5. APPROVAL OF STAGE 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the entire 40.16-acre project area, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors.
Stage 2 Development Plan
The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements of a Stage 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for the Branaugh Property (PLPA-2021-00014).
The PD-Planned Development District and this Stage 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied.
1. Statement of compatibility with the Stage 1 Development Plan. The Branaugh Property Stage 2 Development Plan is consistent with the Stage 1 Development Plan for the Fallon Village Project area (Ordinance No. 32-05), as amended in Section 3 above.
2. Statement of Uses. Permitted, conditional, accessory and temporary uses are allowed as set forth in the Stage 1 Planned Development Rezone amendment for Fallon Village in Ordinance No. 32-05, incorporated herein by reference.
3. Stage 2 Site Plan. The following Stage 2 Site Plan is conceptual. Final site design shall be determined by the Site Development Review Permit.
172
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 9
4. Development Regulations.
Industrial Development Standards
STANDARD
Maximum FAR(1) 0.35 / .040
Maximum Building Height (4)(5) 35 feet
Maximum Stories 3
Minimum Building Setbacks (2) (3)
Dublin Blvd ROW 25 feet
Adjacent Property 10' 10 feet
Building Side to Side 18' 18 feet
Minimum Parking Setback(2)
Dublin Blvd ROW 10' 10 feet
Entry Street 10' 10 feet
Adjacent Property 10' 10 feet
Required Parking Refer to Chapter 8.76 of the Dublin Municipal Code Notes:
(1) The maximum FAR for warehousing uses is 0.40 FAR. For all other uses the maximum FAR is
0.35 FAR.
(2) Setbacks measured from property line or as otherwise noted. (3) Items such as, but not limited to, air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback.
Subject to Building Code requirements for access.
(4) Elevator overruns, stair coverings, decorative roof elements, and other architectural or mechanical appetences on buildings may extend a maximum of 5 feet above the maximum building height. (5) Proposed construction within 20,000 feet of Airport Runway may require FAA review. Building height subject to FAA Airspace Obstructions Standards
Residential Development Standards
CRITERIA Medium Density Lot Medium Density
Small Lot
Medium Density
Duplex/Triplex
173
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 9 Product Type Single Family
Detached
Single Family
Detached
Attached Multi-Family
Lot Size 4000 SF and Greater 3000 SF and Greater N/A
Typical Lot Width(16) 50' Wide and above 40' Wide and Above N/A Maximum Lot
Coverage (13) (14)
45% Two Story; 55%
One Story
55% N/A
Maximum Building
Height (4)(17)
35' 35' 40'
Maximum Stories (7) 2 2 3
Minimum Front Yard
Setbacks
(1) (2)(11)(16)(18)
Living Area 12' 10' to ROW or 8' to
Court
8' to ROW; 20'
Building to Building
Porch 10' 8' to ROW or 6' to
Court
6' to ROW; 15' Porch
to Porch
Garage (8) 18' Front Load 18' Front Load 4' to ROW/Alley 14' Side Load
Minimum Side Yard
Setbacks
(1)(2)(3)(4)(5)(10)
Living Area 4'/5' Garage Side 4'/5' Garage Side 0/5'
Porch 4' 4' 0/5'
Courtyard (6)(15) 0' 0' 0'
Encroachments (3) (3) (3)
Minimum Rear Yard
Setbacks
(1)(2)(9)(11)(13)
Living Area 12' avg per lot.; 5' min
(4)
10' avg per lot.; 5' min
(4)
5'
(13)
Covered Patio 10' 5' N/A
Accessory
Structures
Refer to Chapter 8.40
of Municipal Code
Refer to Chapter 8.40
of Municipal Code
Refer to Chapter 8.40
of Municipal Code
Required Parking
(12)(19)
Refer to Chapter 8.76
of Municipal Code
Refer to Chapter 8.76
of Municipal Code
Refer to Chapter 8.76
of Municipal Code
Maximum
Encroachments(3)
2' 2' 2'
Minimum Usable
Private Open Space
(SF)
400 S.F with a min.
dimension of 10 ft.
Yard area may be
provided in more than
one location within a
lot with a min of 80
SF yard or courtyard
area.
150 S.F with a min.
dimension of 5 ft
100 SF patio with a
10' min dimension or
a 50 SF upper level
deck with a 5' min
inside dimension
Notes:
174
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 9 (1) Setbacks measured from property line or as otherwise noted. Setbacks to "Court" refer to back of curb.
(2) See following pages for graphic depiction of above standards. (3) Items such as, but not limited to air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback of one side yard, provided a minimum of a 3' flat and level area is maintained for access around the house.
(4) Subject to the Building Code requirements for access. (5) Building setbacks shall be subject to review and approval of Building Official for Building Code and Fire Code issues. Setback to building overhang shall be 3' minimum or as required by current City Building Code Standards.
(6) Maximum height of a front yard courtyard wall shall be 30" maximum (solid wall) or 42" maximum (transparent/fence)
(7) The third floor must be stepped back from front and rear elevation to reduce building mass. (8) Three car garages door and swing in garages are prohibited on lots less than 55' wide. (9) Retaining walls up to 4' high may be used to create a level usable area. Retaining walls in excess of 4' to create usable area are subject to review and approval of the Community Development Director. Retaining walls over 30" in height are subject to safety criteria as determined by the Building Official.
(10) Where a minimum 5' HOA parcel lies between a lot and an adjacent street, the lot is not considered a corner lot and interior lot setback standards shall apply.
(11) At cul-de-sac bulbs, knuckles and similar conditions where lot depths are less than the standard depth, minimum rear yard setback requirements may be reduced by an amount equal to the min. lot depth minus the actual depth of the lot (i.e.: 100'-90'=10'). In no case will the rear yard setback be reduced to less than 10'.
(12) Curbside parking may be counted toward required number of guest spaces. 2 covered side-by- side spots shall be provided. Tandem spaces may not be utilized to meet the parking requirement. (13) Rear Multi Family setback refers to property lines not considered ROW. (14) Driveway apron shall be centered on the garage door. In instances where 3-car front on garages are utilized the driveway apron shall be centered on the entire front on garage plane. (15) Courtyard wall to return to side yard fence or front plane of main residential structure. (16) Lot width dimensions may vary to provide product diversity within each neighborhood, and atypical lot shapes (i.e. non-rectangular)
(17) Elevator overruns, stair coverings, decorative roof elements, and similar structures can exceed the building height limit by a maximum of 15 percent.
(18) Minimum front / corner setback to living and porch may be subject to grading and specific location of top of pad hinge line. A minimum flat distance of 2' should be maintained between foundation and top of pad hinge.
5. Architectural Guidelines. Please refer to Exhibit A.
6. Landscaping Guidelines. Please refer to Exhibit B.
7. Inclusionary Zoning Regulations. The project shall comply with the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing as a residential development of 20 units or more.
8. Applicable Requirements of the Dublin Zoning Ordinance. Except as specifically provided in this Stage 2 Development Plan and the Stage 1 Development Plan (Ordinance No. 32-05), the use, development, improvement and maintenance of the Property shall be governed by the provision of the Dublin Zoning Ordinance pursuant to 8.32.060C or its successor. The closest comparable zoning districts are as follows:
175
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 9 Residential:
R-M Multi-Family Residential District
Industrial:
M-P Industrial Park and M-2 Heavy Industrial Zoning District, whichever is least restrictive.
SECTION 5. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its adoption.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of _______, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
176
BRANAUGH
DESIGN GUIDELINES
DUBLIN, CALIFORNIA
900.457 177
2 DEVELOPMENT STANDARDS
TABLE OF CONTENTS
INTRODUCTION ................................................................. 3 RESIDENTIAL DESIGN GUIDELINES..................................... 4 INDUSTRIAL DESIGN GUIDELINES.................................... 10 SDG Architects, Inc.
3361 Walnut Blvd. Suite 120
Brentwood, CA 94513
925.634.7000
MacKay & Somps
5142 Franklin Dr. Suite B
Pleasanton, CA 94588-3368
925.225.0690
Gates Landscape Artchitecture
2671 Crow Canyon Rd.
San Ramon, CA 94583
925.736.8176
Developed by:
SDG Architects, Inc.
LANCE CRANNELL, AIA LEED AP NCARB
ARCHITECT | PRINCIPAL
VERSION: October 2022
Design Team:
178
BRANAUGH DESIGN GUIDELINES
3 INTRODUCTION
The intent of the Branaugh Design Guidelines is to es-
tablish expectations and to regulate the design of the
residential and industrial uses within the planned de - velopment. These guidelines are intended to assist the developer and design professionals in the design of the architecture, parking, and landscaping within this area.
These guidelines will ensure a high quality development while maintaining design and marketplace flexibility.
These guidelines are not intended to limit the creativ- ity of the design professionals. The property is within The City of Dublin’s East Dublin Specific Plan (EDSP)
and The Fallon Village Stage 1 PD. Guidelines from
those has been incorporated and where appropriate
design concepts have been integrated herein. These
guidelines are separate and specific to this subdivision.
DESCRIPTION
The Branaugh property consists of approximately 40.16
acres within the East Dublin Specific Plan (EDSP) and
the Fallon Village Stage 1 PD (PD-1) planning area,
9.87 acres of which is designated Medium density
residential and 30.29 acres of which is designated
Industrial Park (IP) per the EDSP. The project is
proposing 78 units, with the option to provide up to
97 units, within the designated 9.87 acres of
Medium density residential and is consistent with
the approved Stage 1 PD. The area is also
including up to 527,773 SF of industrial buildings on
the 30.29 acres of Industrial Park use, and proposing
an increase in FAR from 0.35, as shown in the
approved PD1, to 0.4. The Branaugh property is
located directly east of the Righetti property, south
of the Croak property, north of Interstate 580 and the
Monte Vista (Town and Country) property, and West
of the Crosby (Livbor Manning) property.
BRANAUGH DESIGN GUIDELINES
179
4 DEVELOPMENT STANDARDS BRANAUGH DESIGN GUIDELINESRESIDENTIAL DESIGN GUIDELINES
RESIDENTIAL
DESIGN GUIDELINES
The Residential Design Guidelines are intended to
serve as a set of guidelines, recommendations, and
requirements to guide property owners, business owners, developers, architects, and other design professionals
in understanding the objective of providing for well-
designed, attractive, residential development for this
planned development area.
ARCHITECTURAL VOCABULARY
The architectural styles in these guidelines offer a range of building types and styles that have evolved in Cal - ifornia since the turn of the 20th century. These styles represent an inherent attractiveness, informality, and
elegance that have enabled them to remain popular
over an extended period of time. They all have historic precedents and are visually compatible with one an -
other. These styles possess mar ket appeal, communi -
ty acceptance and can be successfully expressed in
modern merchant built homes.
VARIETY REQUIREMENT
An important goal of the planned community is to de -
velop an interesting mix of plans and elevation styles
and to ensure balanced and varied streetscapes. In
order to achieve this, the following architectural re - quirements must be met:
UNITS PLANS AND ELEVATIONS
• For single family detached homes, a minimum of
1 plan with 3 elevations shall be provided for every
25 units.
STYLE AND MASSING
• Plans and elevations should be mixed within a
development to avoid repetition of identical fa-
cades and roof lines.
• Houses on corner lots should receive the same
level of articulation on both the front and corner
side facades.
COLORS
• A minimum of 3 different color schemes shall be
provided for each architectural style
• Select color schemes appropriate to the archi-
tectural style
• A minimum of 2 trim colors shall be provided for
each primary base color.
• Wrap colors around details such as wood or
foam window and door trim appropriate to the
architectural style.
• Relate color changes to plane changes and
materials changes.
180
5 BRANAUGH DESIGN GUIDELINES
GENERAL ARCHITECTURAL GUIDELINES
ARCHITECTURE
These guidelines aim to promote high quality architec-
tural designs that enhance the character of Dublin.
Neighborhood developments shall utilize architectural
styles that complement each other when grouped
together.
A. ARCHITECTURAL STYLES
The architectural styles have been divided into four ar- chitectural groups. Each group represents one of the
great movements in the development of architectural
styles in the United States and specifically California.
The styles are grouped as follows:
MEDITERRANEAN
• Spanish Eclectic
• Monterey
• Tuscan
COTTAGE
• French Country
• English Tudor
AMERICAN HERITAGE
• Craftsman
• Arts & Crafts
• Prairie
TRADITIONAL
• Farmhouse
• Classic Revival
• East Coast
Use of these styles are recommended.
B. STREET ENVIRONMENT AND BUILDING
FRONTAGE
Single-family residential development shall efficiently use the site, and relate to the street.
1. Front porches (or porch elements) are en-
couraged to create an attractive interface with
semi-public front yard areas.
2. The front entry shall be the focal point of the
home. Roof elements, columns, porticos, or other
architectural features shall be utilized.
3. Garages shall be a subordinate feature and
shall not dominate the streetscape.
4. A reduced level of articulation on the less visible
side and rear elevations is acceptable. Parcels on
corner or visible end of a street shall include articu- lation similar to the front elevation.
C. BUILDING FORM AND ARTICULATION
Building form and articulation includes variation in
wall planes (projections and recesses) and wall height
(vertical relief) as well as variations in roof forms and heights to reduce the perceived scale of the structure.
1. Residential homes shall incorporate articulation
of all facades, including variation in massing, roof
forms, and wall planes, as well as surface articula-
tion.
2. The highest level of articulation will likely occur
on the front facade and facades visible from pub-
lic streets. Similar and complementary massing,
materials, and details shall be incorporated into
every other structure elevation.
3. Elements and details of homes shall be true to
the chosen architectural style.
Details such as projecting eaves, tapered columns and ex- posed beams are characteristics of a Craftsman style house
4. Surface detailing shall not serve as a substitute
for well integrated and distinctive massing.
5. Architectural elements that add visual interest,
scale, and character such as recessed or project-
ing balconies, trellises, recessed windows, and
porches are encouraged.
6. Architectural elements such as overhangs,
trellises, projections, and awnings shall be used to
create shadows that contribute to a structure’s
character.
BRANAUGH DESIGN GUIDELINES
BRANAUGH DESIGN GUIDELINES
181
6 DEVELOPMENT STANDARDS
7. Massing shall accentuate entries and minimize
garage prominence.
The chimney is a featured architectural element along
with window inserts and trim
D. BUILDING HEIGHT
Heights per Section 4 Development Regulations in
Planned Development.
Single-family residential homes shall be one or two sto- ries. Homes shall have varied heights to create visual
interest in the neighborhood.
This Second Story addition over part of the existing structure uses the same architectural style, materials and rooflines.
E. ROOF AND UPPER STORY DETAILS
Visual diversity shall be created by incorporating mul - tiple rooflines and designs while remaining consistent
with the architectural style of the home.
1. A variety of roofs shall be incorporated through-
out the development (e.g., gabled, hipped, dor-
mers, etc.).
2. Multi-form roofs, gabled, hipped, and shed roof
combinations are encouraged to create varying
roof forms, and break up the massing of
the building.
Craftsman roofs feature intersecting gables to create an interesting building form
3. Full, sloped roofs are strongly encouraged with
both vertical and horizontal roof articulations.
4. Roof overhangs shall be sized appropriately for
the desired architectural style.
5. Exposed gutters and downspouts, unless de-
signed as an outstanding architectural feature
of the overall theme, shall be colored to match
fascia.
BRANAUGH DESIGN GUIDELINES
RESIDENTIAL DESIGN GUIDELINES
182
77 F. BUILDING MATERIALS AND FINISHES
The use of high quality materials will create a look of permanence within a project. Materials and colors
shall be varied to generate visual interest in the fa-
cades and to avoid the monotonous appearance
that is sometimes common in some contemporary
residential development projects.
1. Key portions of the facade shall be enhanced
with special materials or color.
The white trim on this house contrasts with the blue siding for a pleasing appearance
2. Material changes shall occur at intersecting
planes, at inside corners of changing wall planes
or where architectural elements intersect (e.g.,
chimney, pilaster, projection, fence line, etc.)
3. Contrasting but complementary colors shall be
used for trim, windows, doors, and key architectur-
al elements.
4. Roof materials and colors shall be consistent
with the desired architectural style.
5. Visually heavier materials shall be used lower
on the structure elevation to form the base of the
structure.
6. Stucco may be an appropriate building mate-
rial if careful attention is paid to ensure it is appro- priate to the architectural style of the house (i.e.,
the creamier stucco colors and finishes of a Span-
ish eclectic home would be appropriate).
A heavy material such as brick serves as a strong base for a house
GENERAL ARCHITECTURAL GUIDELINES
BRANAUGH DESIGN GUIDELINES
BRANAUGH DESIGN GUIDELINES
183
An inset window is appropriate for Spanish Colonial style houses
5. In order to enhance privacy, windows on side
elevations shall be staggered and not be posi-
tioned directly opposite of the adjacent structure’s
windows.
6. Where windows have mullions they should be
appropriate to the architectural style of the struc-
ture.
7. Where architecturally appropriate, feature win-
dows shall be generously inset from structure walls
to create shade and shadow detail. The minimum
inset shall be six inches
8. Windows shall be articulated with sills, trim, kick- ers, shutters, or awnings that are authentic to the
architectural style of the structure.
8 DEVELOPMENT STANDARDS
G. WINDOWS, DOORS AND ENTRIES
The desired architectural style of the building can be
captured by carefully designing windows, doors, and
entries.
1. Entrances shall be enhanced by using lighting,
landscaping, and architecture detailing.
2. The main entrance to a home shall be clearly
identifiable and shall be articulated with pro-
jecting or recessed forms so as to create a cov-
ered landing that will provide for shelter from the
weather.
3. Window type, material, shape, and proportion
shall complement the architectural style of the
building.
A recessed entry to a house adds interest and provides
protection from the elements
4. Windows shall be located to maximize incom-
ing daylight and reduce the need for indoor light-
ing and promote energy efficiency. Environmental
Protection Agency (EPA) “Energy Star” windows
with low e-coatings shall be used.
BRANAUGH DESIGN GUIDELINESRESIDENTIAL DESIGN GUIDELINES 184
H. GARAGES
When garages are well integrated into a project it will ensure that they do not dominate front facades.
1. Garage doors shall be recessed a minimum of
3.5 inches from the face of the garage.
2. Garage doors facing the street shall be set back
from the exterior face of the main house or porch
to help reduce their visual impact.
The garage pictured here is set back from the rest of the house to de-emphasize its visual impact on the streetscape
3. Swing in garages are permitted and shall ad-
here to the setbacks described in this document.
4. Garage doors shall incorporate panels and/or
windows to articulate large planes.
5. Garage standards shall be:
Interior dimensions: twenty by twenty feet clear;
Minimum garage door width of eight feet single,
sixteen feet double; Seven feet minimum height.
9 BRANAUGH DESIGN GUIDELINES
BRANAUGH DESIGN GUIDELINES
BRANAUGH DESIGN GUIDELINES
I. COMPATIBILITY WITH ADJACENT PROPERTIES
Homes shall vary from adjacent neighbors in architec-
tural style, height, and material selection, while still re- lating to the overall theme of the larger development
as a whole.
Variation in elevation style, colors and materials shall be used to provide a variety and visual intrest.
185
10 INDUSTRIAL DESIGN GUIDELINES
INDUSTRIAL
DESIGN GUIDELINES
The Industrial Design Guidelines are intended to serve
as a point of reference to guide property owners,
business owners, developers, architects, and other
design professionals in understanding the objective
of providing for well-designed, attractive, high quality industrial development in the Industrial Area.
PROJECT DESCRIPTION
Branaugh Industrial is envisioned as an extension of the community along the future Dublin Boulevard Extension
project. The Branaugh Industrial design concept should
be compatible with the general commercial character
of the nearby industrial parcels. A unique sense of
place can be achieved through rich and varied
contemporary architectural character.
The Branaugh Industrial Architectural Design Guidelines draw from the surrounding larger, more modern
urban and suburban areas. Both visual and physical
elements of the Branaugh Industrial Park will appeal
to communities because it helps provide a place for
synergy and utility for commerce in an environment
people want to participate in, be part of and enjoy.
The successful development of Branaugh Industrial
depends on many considerations beyond the built
environment. The implementation of these guidelines
will help to provide an initial step in creating the
environment in which the industrial Park will live and
thrive within the community it serves.
These guidelines include a description of design
objectives and stylistic analogs to be incorporated
into the overall architectural concept for Branaugh
Industrial.
BRANAUGH INDUSTRIAL CHARACTER
The overall character and feel of Branaugh Industrial
shall use a variety of cohesive styles, materials,
colors and textures. The use of pattern and scale
will integrate all of the different design principles,
creating a unified project. Elements such as awnings,
windows and storefront glazing will enhance building
articulation. Application of good design principles
should incorporate building scale and proportion, color theory, lighting, storefront design, landscape design,
as well as keeping modern construction practices in
mind with respect to building development throughout
Branaugh Industrial.
The goal is to create a unique sense of place and that
is complementary to its surroundings.
Branaugh Industrial may consists of several types and
sizes of industrial buildings based on market needs but the overall design of the Industrial park should have a consistent theme with minor variations as appropriate
to the building and its use.
The main elements that typically define the character
of Branaugh Industrial are:
• Building Mass & Form
• Materials & Colors
• Contemporary Architectural Style
• Entry features
• Landscape Guidelines
• Parking and Vehicular Circulation
These components are fundamental to the creation
of a successful Industrial Park. They must each be
addressed in regard to design, location, scale and use. 186
11 BRANAUGH DESIGN GUIDELINES
AREA CHARACTER
1. New development, including expansions, ren -
ovations, and any exterior modifications, should
reflect the design characteristics of the commer -
cial and light industrial surrounding area, including
project design, architectural styles, and established
landscape patterns, which are consistent with the
purpose of the City of Dublin’s Site Development
Review Permit.
2. Setback treatments for new buildings from streets
should provide a positive image to the existing
streetscape.
3. Generally, transitions between existing and new
buildings should be gradual. The height and mass
of new projects should not create abrupt chang -
es in close proximity to existing buildings, unless the area is clearly transitioning to a more intense devel-
opment pattern.
SITE DESIGN
1. Primary site and building entry points are strongly
encouraged to generate visual interest with spe -
cial design features such as decorative or textured
paving, flowering accents, special lighting, monu -
mentation, walls, shrubs, water features, and the
use of sizeable specimen trees.
2. The parking lot should not be the dominant vi -
sual element of the site as viewed from the street.
Locate or place parking lots at the side and rear of
buildings or use parking lot screening to soften their
appearance.
3. On corner sites, establish a prominent streets -
cape presence and add visual interest by either lo-
cating buildings near the intersection to enliven the
streetscape or using landscaping or planter walls to
frame the intersection. Parking areas immediately
adjacent to intersections are discouraged.
4. Project sites should be designed so that areas
used for outdoor storage, and other potentially un-
sightly areas are screened from public view.
5. Consider views from Highway 580 and other
views from above when siting and designing build-
ings, storage yards, utilities, and equipment.
6. Site accessories such as bicycle racks, trash re -
ceptacles, planters, benches, shade structures and
lighting should be designed as an integral part of
the project. The architectural character and use of
materials for these accessories should be consistent
with the overall project design.
7. Structures and site improvements should be lo -
cated and designed to avoid conflict with adja -
cent uses.
8. When appropriate, integrate spaces into a site
plan for use by employees or customers to sit or rest.
INTERFACE WITH RESIDENTIAL USES
1. Loading areas, access and circulation driveways,
trash, and storage areas, and rooftop equipment
should have adequate landscape buffering.
2. Window orientation for industrial buildings should
preclude a direct line of sight into adjacent resi -
dential private open spaces or windows. First floor
windows may be appropriate if screened with ap -
propriate fencing.
3. When industrial buildings back up to residential
properties, the industrial setback should be land -
scaped or screened, as well as functionally and/
or visually combined with residential open space
where possible.
PARKING AND CIRCULATION
1. Vehicular and pedestrian connections between
adjacent developments are a priority within the
area and should be established when feasible.
2. Whenever possible, provide common driveways
for access to more than one site or development
which reduces the number of driveways and con -
tributes to a continuous streetscape.
3. Gates to parking areas shall be located to pre -
vent vehicle stacking or queuing on the street.
4. Gates to parking areas should be designed with
materials and color that are compatible with the
site.
5. Parking areas visible from public streets shall be
separated from buildings by either a raised walk -
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12 INDUSTRIAL DESIGN GUIDELINES
way or landscape strip at least 4 feet wide. Situa -
tions where parking aisles or spaces directly abut
the building are discouraged.
6. Separate vehicles and pedestrians. Design park-
ing areas so that pedestrians walk parallel to mov -
ing cars. Minimize the need for the pedestrian to
cross parking aisles and landscape areas. These
features may be combined with required accessi -
bility requirements.
7. For new development, consider adding a land -
scaped buffer to screen views of automobiles while
permitting views of buildings beyond.
STORAGE YARDS/SERVICE FACILITIES
Providing adequate service facilities is critical to
the efficient functioning of industrial buildings. The
design of these facilities also presents an opportuni-
ty in preventing nuisance (noise, odor, visual) prob-
lems in the future.
1. Where appropriate and feasible, ‘service yards’
are encouraged over the dispersal of service facil -
ities around the site. Service yards should include
provisions for loading, trash bins (in lieu of a trash
enclosure), utility cabinets, utility meters, transform- ers, and other outdoor mechanical equipment,
when possible.
2. Loading and outdoor storage activities should
be concentrated and located in a manner to mini-
mize nuisances for the surrounding area.
3. All service yards and outdoor storage areas shall
be enclosed or screened from view from local
streets. When designing these facilities, also con -
sider the views from HWY 580, neighboring parcels
and the residential area to the North. Screening
may include walls, buildings, gates, landscaping,
berming, or combinations thereof.
4. Service yards should be located and designed
for easy access by service vehicles and for conve -
nient access by each tenant.
5. The design of service yard walls and similar ac -
cessory site elements should be compatible with
the architecture of the main building(s), and should
use a similar palette of materials and colors.
TRASH ENCLOSURES
1. Trash and storage enclosures should be architec-
turally compatible with the project design. Land -
scaping should be used to screen and deter graffiti.
2. Trash enclosures should be unobtrusive and
should be conveniently accessible for trash dispos -
al and collection.
3. Trash enclosures should be located away from
residential uses to minimize nuisance to adjacent
properties.
4. Trash receptacle design should coordinate with
other streetscape furnishings.
5. Roof structures for trash enclosures should be ar -
chitecturally compatible with buildings on the site.
LOADING AREAS
1. To the fullest extent possible, loading areas and
vehicle access doors should not be visible from
public streets.
2. Loading driveways shall not back onto streets or
encroach into landscaped setback areas.
3. Loading doors should be integrated into building
elevations and given the same architectural treat -
ment where feasible.
UTILITY EQUIPMENT
1. To the fullest extent possible, utility equipment
should be located in a manner which minimizes vis-
ibility from the street or the front of a site.
2. Utility equipment such as electric and gas me -
ters, electrical panels, and junction boxes shall be
screened from view or incorporated into the archi-
tecture of the building.
3. Utility devices, such as transformers and backflow
preventers, should not dominate the front land -
scape area. When transformers are unavoidable in
the front setback area, they should be screened by
an enclosure or thick landscaping, in accordance
with utility company regulations.
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13 BRANAUGH DESIGN GUIDELINES
4. All utility lines from the service drop to the site
shall be located underground.
MECHANICAL EQUIPMENT
1. Mechanical equipment shall be located in
a manner that minimizes visual impact and be
screened from public view by enclosures or land -
scaping on all sides.
2. All mechanical equipment such as compressors,
air conditioners, antennas, pumps, heating and
ventilating equipment, emergency generators,
chillers, elevator penthouses, water tanks, stand
pipes, solar collectors, satellite dishes and Light In - dustrial communications equipment, and any oth -
er types of mechanical equipment for the building
shall be concealed from view of public streets, and
to the fullest extent possible, public areas of neigh-
boring properties.
3. For new construction, mechanical equipment
shall not be located on the roof of a structure un -
less the equipment can be hidden by building ele -
ments that are designed as an integral part of the
building design.
4. For exterior modifications of existing structures,
all roof-mounted equipment must be screened in
a manner that is compatible with the architecture
and materials of the building.
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14 INDUSTRIAL DESIGN GUIDELINES
may be appropriate on a building that otherwise
reflects the desired vision of the area.
BUILDING ELEMENTS
1. A consistent architectural style should be used for
a building, auxiliary structure, and all related site el- ements, such as screen walls, planters, trellises, and
street furniture.
2. Expansions to existing buildings should provide for
continuity between the old building and the new
addition. The addition need not strictly match the
existing building, but should include prominent de -
sign elements of the old building or the addition of
architectural elements to the old building to pro -
vide architecture compatibility between old and
new.
3. Building Base – The lowest portion of a building
at grade creates opportunity to establish an ar -
chitectural base. This base may be a projection, a
change in surface texture, or a change in material
or color. The size of the base should be in propor -
tion to the overall size of the building. This is not a requirement but it is encouraged.
a. Base materials should be highly resistant to
damage, defacement, and general wear and
tear. Pre-cast decorative concrete, stone mason-
ry, brick, slate, and commercial grade ceramic
tile are examples of excellent base materials. The
use of anti-graffiti coating on base materials is en-
couraged.
b. In general, the base materials should appear
“heavier” and “darker” in appearance than the
materials and color used for the building’s main
exterior.
WINDOWS, DOORS, AND OPENINGS
Windows, doors, and other openings should be de-
tailed to emphasize them as important parts of the
building.
1. Building entries should be framed with architec -
tural embellishment for articulation, be visible from
the street, and be easily recognizable.
2. Incorporate articulation (insets, pop outs, wing
walls, etc.) to avoid unrelieved blank walls.
BUILDING PLACEMENT AND DESIGN
1. Buildings shall be designed with wall variations,
such as insets and pop-outs. Façade elements,
such as entryways, windows, etc should face the
primary street frontage(s).
2. Buildings along streets and I-580 shall feature ar - chitecturally-detailed elevations and views of en -
tries or activity areas.
3. Public entrances and primary building elevations
should be oriented toward the street whenever
possible.
4. Buildings in a single project should create a
positive functional relationship with one another.
Whenever possible, buildings should be clustered.
This prevents long “barrack-like” rows of buildings.
When clustering is impractical, a visual link should
be established between buildings. This link can be
accomplished through the use of landscape, an
arcade system, trellis, colonnade, or other open
structures.
BUILDING DESIGN
The design and placement of industrial buildings
should respond to the general characteristics of
the surroundings as well as to the vision of the In -
dustrial Area.
BUILDING FORM AND SCALE
1. In order to relate to other nearby buildings, when
possible, incorporate interesting building elements
from surrounding buildings.
2. Buildings should contain the three traditional
parts of a building in appropriate proportions: base,
mid section, and top.
3. The scale of new buildings should be compatible
with adjacent buildings. Use transitions to achieve
compatibility between larger buildings next to small
scale buildings; transition techniques should include
building elements of different heights, building or
roof articulation, and building projections such as
covered walkways.
4. Franchise architecture is generally discouraged,
although the use of corporate identifying elements
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15 BRANAUGH DESIGN GUIDELINES
ROOFS
Roofs should be an integral part of the building de-
sign and overall form of the structure.
1. Roof design may have the appearance of a
full roof reflecting traditional forms (i.e., hipped,
pitched, flat, etc.) and be integrated to the build -
ing, particularly on parapet walls and roof elements
used to screen equipment.
2. Earth-toned or muted and durable roof materials
are strongly encouraged to create a unifying im -
age of an area.
3. Decorative cornices and parapet walls should
be used to screen flat roofs and to delineate the
building’s profile.
4. Vertical roof elements should be used to add in -
terest to horizontally-oriented rooflines.
5. Roof overhangs and arcades are encouraged in
that they complement a building’s design.
FINISH MATERIALS
1. Industrial buildings should be constructed using
durable but attractive materials which convey a
substantial quality appearance.
2. Exterior building treatments, including colors, ma-
terials, and architectural detailing, should be con -
sistent throughout the building.
3. Exterior building colors should generally consist of earth-toned or neutral colors, with vibrant or bright
colors reserved for trim or accent use.
4. Building materials reflecting natural elements,
such as stone or wood, are strongly encouraged.
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16 INDUSTRIAL DESIGN GUIDELINES
CONTEMPORARY / MODERN
Contemporary / Modern architecture features
clean lines with an emphasis on function. The build-
ing style simplifies the design with less ornamenta -
tion. Decorative moldings and elaborate trim are
eliminated or greatly simplified, giving way to a
clean aesthetic where materials meet in simple,
well-executed joints. An emphasis is placed on
rectangular forms and horizontal and vertical lines.
Materials are often used in well-defined planes and
vertical forms juxtaposed against horizontal ele -
ments for dramatic effect. Low, horizontal massing,
flat roofs, and emphasis on horizontal planes and
broad roof overhangs. The use of traditional ma -
terials in new ways such as wood, brick and stone
simplified ways reflecting a modern aesthetic. Tra -
ditional clapboard siding are replaced with sim -
ple vertical board cladding can be used in large,
smooth planes. Brick and stonework are simple, un-
ornamented, and can be used in rectilinear masses
and planes.
CHARACTERISTICS
• Simple wall planes and surfaces, mass, and vol -
umes.
• Mass and Volume contrasted with glass and fen -
estration.
• Roof types include interesting overhangs or un -
usual linear elements can be mixed to create a
more unique statement flat
roofs with parapet.
• Diverse use of materials and color.
• Simplicity and clarity of forms and elimination of
“unnecessary detail”
EXAMPLES
The following figures depict several types of indus -
trial buildings. This is for reference only and shall not be considered as a wholly approved design.
Figure 1
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17 BRANAUGH DESIGN GUIDELINES
Figure 2
Figure 4
Figure 6
Figure 3
Figure 5
Figure 7
EXAMPLES FOR REFERENCE ONLY.
193
18 DEVELOPMENT STANDARDS
Figure 8
Figure 10
Figure 12
Figure 9
Figure 11
EXAMPLES FOR REFERENCE ONLY.
INDUSTRIAL DESIGN GUIDELINES
194
BRANAUGH DESIGN GUIDELINES
3361 Walnut Blvd. Brentwood, CA 94513 | 925.634.7000 | sdgarchitectsinc.com
BRANAUGH DESIGN GUIDELINES
BRANAUGH DESIGN GUIDELINES
195
2 LANDSCAPE DESIGN GUIDELINES
CONCEPT
The Branaugh property consists of 9.7 acres of medium
density residential and 30.5 acres of Industrial Park use.
The site will be well-designed through the choices and arrangement of materials, colors, and textures. The
overall landscape theme provides vibrant, fl owering
plant material that complements architecture and
provides seasonal color while encouraging pedestrian
access and connectivity to and from adjacent uses and
activities.
The residential neighborhood will use the proposed
Central Parkway extension as the primary access.
The neighborhood entrance will be distinct yet
complementary to the character of the adjacent
neighborhood. The proposed landscape will support
a strong, visual identity to the neighborhood. Internal streets and sidewalks of the residential community are
complemented using a variety of upright deciduous trees for solar exposure coupled with low growing flowering
groundcover enhancing pedestrian connections to the
public sidewalks.
The non-residential industrial parcels will have access from the future Dublin Boulevard extension. The industrial park landscaping will serve a variety of functions,
including softening the edges of development,
screening unattractive views, buffering incompatible
uses, providing shade, and increasing the overall
aesthetic appeal of the site.
DESIGN PRINCIPLES
• Continue the theme and plant palette of east
Dublin, Dublin Boulevard, Central Parkway, and the
surrounding neighborhoods.
• Ensure landscape consistency between the proposed
industrial park and the residential community.
• A well-designed site through the choices and
arrangement of materials, colors, and textures.
• Encourage the industrial park to provide outdoor
amenities to employees, such as pedestrian
circulation and outdoor seating areas.
• Creating environments in which industrial activities
and operations may be conducted with minimal
impact on the natural environment and surrounding
neighborhood.
LANDSCAPE FRAMEWORK
1 INDUSTRIAL
PARK
INDUSTRIAL
PARK
RESIDENTIAL
FUTURE DUBLIN BLVD EXT.
I-580
COLLIER CANYON RD.
EAST RANCH
(CROAK)
MONTE
VISTA
LEGEND
main pedestrian
connections
fi re access road
key entry element
landscape buffer
perimeter fence
concrete split rail
fence
RIGHETTI LIVBOR
MANNING
RIGHETTI
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3 BRANAUGH DESIGN GUIDELINES
MEDIUM DENSITY RESIDENTIAL
NEIGHBORHOOD
Neighborhood Entry
The Residences at Branaugh property share with
Righetti property the primary access, which will come
off the proposed Central Parkway extension within the
proposed East Ranch project. The entry will include
a monument with project branding and thematic
landscaping.
The landscape palette will emphasize the importance
of this space. Accent trees will line the entry on
both sides of the street and provide seasonal color.
Low-growing shrubs and groundcover will provide
continuous interest throughout the year as well as a
colorful understory to the accent trees above. Refer
to Proposed Plant Palette for select plant species and
container sizes.
Neighborhood Streets
Neighborhood streets will provide a well-planned
pattern that guides vehicles and pedestrians throughout the neighborhood units. Street C and Street B will have 5 foot wide landscaping and a 5 foot wide sidewalk
on both sides of the street. Streets will be landscaped to provide a comprehensive street scene. Other streets
will have a 5 foot wide sidewalk on both sides to link
the neighborhood together. Textured paving, such as
stamped asphalt, can be utilized in the crosswalk to
visually enhance the pedestrian path of travel.
Street trees should be coordinated with the utilities and street lights to provide a continuous canopy of trees.
Street trees will be planted and maintained by private
lot owners when there is no designated planting area
within the right-of-way. Additional trees in an irregular pattern and the screening trees adjacent to building
ends shall be considered to soften the architecture. Low- growing groundcover, intermediate and background
shrubs will be proposed in a tiered effect to provide a variety of landscapes with seasonal color and textural
contrast. Refer to the plant palette for suggested plant species and required sizes.
Entry monument with thematic landscape as a
neighborhood identifi cation
Use of stamped asphalt for the crosswalk and entry
drive is encouraged.
Incorporate street trees in parkway strips or front yard planting areas
2 1
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4 LANDSCAPE DESIGN GUIDELINES
MEDIUM DENSITY RESIDENTIAL
NEIGHBORHOOD
Fences and Walls
The landscape system includes community theme
walls, fencing, and front yard planting. All elements
of the landscape are intended to convey the special
character and high quality of the community.
In general, fences will be located outside of the view
triangles at intersections. Breaks in fence, removable
sections or gates will be incorporated for maintenance
access of the adjacent utilities, such as water quality basins, where applicable.
Good Neighbor Fence - The good neighbor fence will
be located between lots. The design is a vertical board wood fence, 6’ tall with caps and fascia boards. Wood
4x4 posts are located at a minimum of 8’ on center.
Lattice Fence - This fence will be used parallel to the front of the home. Where side yards abut a residential street, the lattice fence will also be used. Where the fence is adjacent to the street, a minimum of 3’ landscape
buffer is provided between walkway and fence.
Open Space Interface Fence - This will occur along the
wildfi re buffer lots where they abut open space. The
fence should not exceed four feet in height.
Concrete Split Rail Fence - This fence is utilized in the landscape along the southern sidewalks of street B
serving as a thematic element to keep pedestrians out
of water quality basins.
CMU Block Wall - Use split face CMU block wall where
needed to retain throughout the community.
2”x6” Cap
Vertical Wood Lattice
4”x4” Post
2”x4” Bottom Rail
1”x6” Kick Board
1”x8” With 1”
Overlap Each Side
8’-0” MAX
6’-0”
Good Neighbor Fence
Scale: N.T.S.
Lattice Top Fence
Scale: N.T.S.
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5 BRANAUGH DESIGN GUIDELINES
Lt i
Open Space Interface Fence
Scale: N.T.S.
Concrete Split Rail Fence
Scale: N.T.S.
CMU Retaining Wall
Scale: N.T.S.
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6 LANDSCAPE DESIGN GUIDELINES
MEDIUM DENSITY RESIDENTIAL
NEIGHBORHOOD
Stormwater Quality Basin
The plant material found within the water quality basins will convey a mosaic effect that demonstrates the
bloom and growth cycles of seasonal grasses in gentle
patterns and large swaths. All plant material found
within the basins will conform with the Alameda County
C.3 Stormwater Technical guidelines and requirements.
Wildfi re Buffer Lot and Fire Access
Eleven lots on the east side of the neighborhood are
identifi ed as a wild fi re buffer lot. Trees along these lots shall be fi re safe, which have a favorable rating for
plant performance per the Diablo Firesafe Council.
The fi re access road is located on the east side of the neighborhood. It connects the access road to a
neighborhood street in East Ranch. Fire safe plant
materials shall be considered in the planting strategy.
Fencing adjacent to the fi re access road must conform
to the Dublin Wildfi re Management Plan. Heavy timber
wood fencing with 6’ returns may be used along the
rear property lines. All wood is to be construction-heart redwood fi re-hardened/heavy timber to meet the
Dublin Wild fi re Management requirements. All wood
should be fi re retardant treated per section 710A.3.2
and 710A.4 7A of the California building code for all
exterior wood products.
Outdoor Site Elements
Street Lighting
All street lighting in the residential neighborhood will conform to approved City standards. Street lighting
is used for both decoration as well as marking
special pathways and landmarks.
Model: The Lumec L60 LED Hexagonal Lantern series
on 18.5’ tall post is recommended, to match the
current City’s standard.
Mailbox
Clustered mailbox will be used. The mailbox
location/model shall be reviewed and approved
by USPS.
Signage
Signage shall conform to City ordinances.
Wildfi re Buff er Lot Interface
Scale: N.T.S.
Street Lighting
Scale: N.T.S.
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7 BRANAUGH DESIGN GUIDELINES
INDUSTRIAL PARK
Entry
The entry to each development area should be clearly
visible to motorists. Industrial parks should be marked by entry features. The combined use of landscaping,
and varied hardscape, such as contrasting pavement
colors or materials, banding or pathways interspersed
with alternate paver material, is encouraged.
Monument sign designs should use materials and colors
consistent with the architectural style and landscaping theme near the entrance of the property. Other
signs shall conform with the City of Dublin Sign Design Guidelines for Industrial Zones.
Parking Lot
Parking lot landscaping should accent driveways, frame
the major circulation aisles, and highlight pedestrian
pathways. Entrances and exits to and from parking and
loading facilities should be provided in compliance with applicable City development requirements. Pedestrian
walkways should be accessible, safe, visually attractive, and well-de fi ned by landscaping, site furnishing, and
low-level lighting.
Landscaping should be protected from vehicular and
pedestrian encroachment by raised planting surfaces,
depressed walks, or the use of curbs. Concrete
mow-strips separating turf and shrub areas should be
provided.
Screening and Planting Buffer
Landscape screening should be used to minimize
the visual impact of new development. The industrial
buildings should not detract from the scenic and visual quality of the residential community. The use of vines
on walls is strongly encouraged in industrial areas to
reduce their visual impact and opportunities for graffi ti.
Parking lots adjacent to and visible from public streets should be screened from view by using evergreen
hedges or rolling earth berms. For new development,
consider adding a landscaped buffer to screen views
of automobiles while permitting views of buildings
beyond.
Optimize landscape coverage of parking lots.
Shade canopy trees should be provided in tree
wells and at the end of each drive aisle to visually
break up long rows of parked vehicles. Refer to
Dublin Municipal Code for more requirements.
As part of the vision of the Light Industrial Area, a
coordinated theme for signage is recommended.
Landscaping materials that are used for screening
edges of parking lots from the public right-of-
way should be implemented by utilizing one or a
combination of the following:
a. Evergreen hedges, recommended height of 36
inches. The minimum hedge container size should be
5-gallon;
b. Earth berm with a contoured, gradual slope and
ground cover, maximum height 42-inch.
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8 LANDSCAPE DESIGN GUIDELINES
Perimeter Fence
A fence may be used along the property for security
purposes. Landscaping, such as vines and tall hedges,
against the fence, is encouraged to improve the
aesthetics. Gates should be provided in walls or
fences where necessary to allow for emergency or
maintenance access.
Site Lighting
A uniform lighting level shall be provided to ensure
safety and security at night. Lighting fi xture placement should provide illumination for outdoor areas such as
parking, shipping and receiving, pedestrian walkways,
and work areas.
Short-term Bike Parking
Provide bicycle parking to support employees who
bike to work.
Benches and Trash Receptacles
Other site furniture, such as benches and trash
receptacles, shall be provided to encourage outdoor
activities.
Stormwater Quality Basin
All plant material found within the basins will conform with the Alameda County C.3 Stormwater Technical
guidelines and requirements.
Post Top Light Bollard Light
Perimeter Fence
Trash and Ash Receptacle Bench Bike Racks
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9 BRANAUGH DESIGN GUIDELINES
PLANTING LIST - TREES
Pistacia chinensis ‘Keith Davey’ Acer rubrum Tilia cordata ‘Green Spire’ Prunus x yedoensis Ulmus parvifolia Lagerstroemia indicaAcer palmatum Quercus lobata
PLANTING DESIGN
Landscaping should enhance the quality of developments by framing and softening the appearance of structures, defi ning site functions, screening, and buffering adjacent uses. To the fullest extent possible, landscaped areas should generally incorporate planting utilizing a three-tiered system: 1) trees, and taking into consideration the width of the planting area; 2) shrubs; and 3) grasses and ground covers, and vines. 9 203
10 LANDSCAPE DESIGN GUIDELINES
Kniphofi a uvaria
Agapanthus
Bulbine frutescens Aloe striata Anigozanthos
Teucrium chamaedrys
Dietes
PLANTING LIST - SHRUBS
Salvia spp.
10 204
11 BRANAUGH DESIGN GUIDELINES
PLANTING LIST - GRASSES, VINES, & GROUND COVERS
Myoporum laetum
Bougainvillea spp.Acacia redolens Ficus pumila
Rosa ‘Carpet Rose’
Calamagrostis ‘Karl Foerster’
Lomandra longifolia
Chondropetalum tectorum
11 205
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 13 RESOLUTION NO. xx-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING VESTING TENTATIVE PARCEL MAP NO. 9306
FOR THE BRANAUGH PROPERTY (APN# 905-0001-004-04)
PLPA-2021-00014
WHEREAS, the property owner, BEX Development, is requesting approval to subdivide the 40.16-acre site into four parcels to accommodate proposed residential and industrial development. The project would allow up to 97 units within 9.87 acres designated Medium-Density Residential and approximately 527,773 square feet of industrial use on 30.29 acres designated Industrial Park. Requested approvals include amendments to Planned Development Stage 1 Development Plan (Ordinance No. 32-05 for Fallon Village), a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306 and a Development Agreement. These planning and implementing actions are collectively known as the “Branaugh Property Project” or the “Project;” and
WHEREAS, the 40.16 acre Project site (APN 905-0001-004-04) is located in eastern Dublin adjacent to the city boundary and along the future Dublin Boulevard extension; and WHEREAS, the proposed Vesting Tentative Parcel Map will allow for the orderly division of the Branaugh property into four parcels consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan for the division of land; and WHEREAS, Government Code Sections 66428 of the Subdivision Map Act provide that a Tentative Parcel Map may be used when the purpose of the map is to create four or fewer parcels; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs;” and
WHEREAS, in compliance with CEQA, the City prepared a CEQA Addendum for the Project (the “Addendum”), incorporated by reference; and WHEREAS, the Addendum reflects the City’s independent judgment and analysis of the potential environmental impacts of the Project, and concludes that the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the EDSP EIRs and no other CEQA standards for supplemental review are met; and Attachment 4
206
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 13 WHEREAS, following a public hearing on February 14, 2023, the Planning Commission adopted Resolution No. 23-01, recommending approval of the Branaugh Property Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and
WHEREAS, a Staff Report dated March 7, 2023, and incorporated herein by reference, described and analyzed the Project for the City Council; and WHEREAS, on March 7, 2023, the City Council held a duly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the City Council considered the Addendum and all above-referenced reports, recommendations, and testimony to evaluate the Project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Vesting Tentative Parcel Map No. 9306 for the Project:
A. The proposed subdivision map together with the provisions for its design and improvement is consistent with the general plan and any applicable specific plan in that:
1) the proposed Vesting Tentative Parcel Map No. 9306 together with the provisions for the design and improvements comply with the development standards of the Eastern Dublin Specific Plan; 2) it is consistent with the land use and acreages of the Dublin General Plan and the Eastern Dublin Specific Plan; 3) it provides for the extension of Dublin Boulevard; and 4) respects the Airport Protection Area Line as the limit of residential development.
B. The subdivision site is physically suitable for the type and proposed density of development in that: 1) the design and improvements of Vesting Tentative Parcel Map No. 9306 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is a subdivision for the implementation of Medium-Density Residential and Industrial Park uses and is designated for these types of developments; 2) the Project site is physically suitable for the type and proposed density of development and is consistent with the land use designations of the Eastern Dublin Specific Plan, and consistent with the Stage 1 and Stage 2 Development Plan as amended and adopted with this Project; 3) the subject property is a hillside development and generally slopes from the north east corner to I-580; 4) the project proposes to mass grade the site and flatten it where necessary to allow for intended future users and create the Dublin Blvd extension road subgrade; 5) The grading proposed for the project will take into consideration the hilly terrain and will be designed to avoid excessive cuts and fills; and 6) a slope is proposed between the residential and industrial which provides a buffer between the uses.
207
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 13 C. The tentative tract map is consistent with the intent of applicable subdivision design or improvements of the tentative tract map are consistent with the city’s general plan and any applicable specific plan in that: Vesting Tentative Parcel Map No. 9306 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District for the Fallon Village area of which the site is a part, and the proposed Stage 2 Development Plan adopted with this Project.
D. The subdivision design and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: 1) Vesting Tentative Parcel Map No. 9306 will not cause environmental damage or substantially injure fish or wildlife of their habitat; 2) the project site is located adjacent to major roads, including I-580 and the future extension of Dublin Boulevard, on approximately 40.16 acres of land; and 3) the topography of the property consists of rolling hills; however with an approved grading plan this site is physically suitable for the type and intensity of Medium-Density Residential and Industrial Park, uses.
E. The design of the subdivision or type of improvements will not cause serious public health concerns in that: 1) the project is consistent with the Eastern Dublin Specific Plan policies and the City’s zoning ordinances enacted for the public health, safety, and welfare; 2) the project will not adversely affect the health or safety of persons residing or working in the vicinity nor will it be detrimental to public health, safety, or welfare; 3) additionally, no noxious odors, hazardous materials, or excessive noises will be produced; 4) in order to ensure adequate emergency vehicle access to all portions of the site access is currently provided via Collier Canyon Road and will be provided from Croak Road via the Central Parkway Extension approved as part of the East Ranch Project and the future Dublin Boulevard Extension and 5) pursuant to CEQA Guidelines the City prepared a CEQA Addendum for the Project and, therefore, the proposed subdivision will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns.
F. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; or alternate easements are provided pursuant to Government Code in that: 1) the design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision; and 2) the City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature.
G. The design or improvements of the tentative map are consistent with the city’s general plan and any applicable specific plan in that: 1) the proposed Vesting Tentative Parcel Map will subdivide the property, which is consistent with the Stage 1 Development Plan approved for the Fallon Village area, the proposed Stage 2 Development Plan as adopted for this Project, and the City of Dublin Zoning Ordinance, General Plan and Eastern Dublin Specific Plan; and 2) the Vesting Tentative Parcel Map will not alter the use of the site, which is allowed residential and industrial uses.
H. The subdivision is designed to provide for future passive or natural heating or cooling opportunities in that: 1) any future development will be required to comply with the 208
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 13 California Green Building Code; and 2) landscaping will be provided throughout the surface parking lot providing natural shading.
I. The tentative tract map, including design and improvement, shall comply with all the applicable provisions and requirements of the zoning ordinance, the latest municipal stormwater permit issued to the city by the Regional Water Quality Control Board, this title, any other ordinance of the city, and the Subdivision Map Act in that: 1) the proposed Vesting Tentative Parcel Map creates four parcels which is consistent with the Stage 1 Development Plan approved for the Fallon Village area, the Stage 2 Development adopted for this Project, and the City of Dublin Zoning Ordinance, General Plan, and Eastern Dublin Specific Plan; and 2) the Project is compliant with the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit; 3) the Project would include bioretention areas and stormwater treatment vaults to ensure consistency with regional C.3 stormwater treatment; and 4) the Project would include full trash capture devices to ensure consistency with regional C.10 stormwater treatment requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby conditionally approves Vesting Tentative Parcel Map No. 9306, attached Exhibit A, for the Branaugh Property, subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
GENERAL CONDITIONS
1. Approval. This approval is for Vesting Tentative Parcel Map (PLPA-2021-00014). This approval shall be as
generally depicted and indicated on the Vesting Tentative Parcel Map No. 9306 prepared MacKay & Somps, dated
December 2022, attached as Exhibit A and other plans,
text, and diagrams relating to this project, and as
specified as the following Conditions of Approval.
PL Ongoing
2. Effectiveness: This Vesting Tentative Parcel Map
approval shall become effective only if the Ordinance
approving the companion Planned Development Zoning
Stage 2 Development Plan becomes effective. Should
such Ordinance not become effective within 12 months of this approval of this resolution, this approval shall be null and void.
PL Ongoing
209
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 13
3. Compliance. Applicant/Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision and Zoning Ordinances, City of Dublin Title 7 Public Works
Ordinance, which includes the Grading Ordinance, the
City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to
accessibility, and all building and fire codes and
ordinances in effect at the time of building permit. Public improvements constructed by Applicant/Developer to be
paid in whole or in part out of public funds and to be
dedicated to the City are hereby identified as “public
works” under Labor Code section 1771. Accordingly,
Applicant/Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code.
Sects. 1720 and following).
Various Final Map
Approval or
Grading Permit
4. Hold Harmless/Indemnification. Applicant/Developer
shall defend, indemnify, and hold harmless the City of
Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission,
City Council, Community Development Director, Zoning
Administrator, or any other department, committee, or
agency of the City to the extent such actions are brought within the time period required by Government Code
Section 66499.37 or other applicable law: provided,
however, that the Applicant/Developer’s duty to so
defend, indemnify, and hold harmless shall be subject to the City’s promptly notifying the Applicant/Developer of any said claim, action or proceeding and the City’s full cooperation in the defense of such actions or
proceedings.
ADM On-going
5. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these
Conditions of Approval, the City Engineer and Community Development Director have the authority to clarify the
intent without going to a public hearing. The City
Engineer and Community Development Director also
have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project.
PL, PW On-going
PLANNING – PROJECT SPECFIC CONDITIONS
6. Mitigation Monitoring Program. Applicant/ Developer
shall comply with CEQA Addendum for Branaugh
Property dated December 15, 2022, including all
PL, PW Approval of
Improvement
Plans and On-
210
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 13
8. Conditions of Approval. Applicant/Developer shall
comply with the City of Dublin Public Works Standard
Conditions of Approval contained below (“Standard
Condition”) unless specifically modified by Project
Specific Conditions of Approval below.
PW On-going
9. Fees. At the time of grading permit issuance, the
Applicant/Developer shall pay only those fees
normally due at the time of the grading permit
issuance. All other fees, including, but not limited
to, Planning fees; Building fees; Dublin San Ramon
Services District fees; Public Facilities fees;
Transportation Impact Fees; City of Dublin Fire fees;
Noise Mitigation fees; Inclusionary House In-Lieu
fees; Alameda County Flood Control and Water
Various
Depts
Grading Permit
mitigation measures, action programs, and
implementation measures contained in the Eastern
Dublin General Plan Amendments and Specific Plan EIR,
East Dublin Properties SEIR and Fallon Village SEIR.
Applicant/Developer shall provide to the Planning
Division and Public Works Department a copy of the
mitigation measures maintenance manual and schedule
for reference, including maintenance procedures and
protocols to follow after mitigation reporting is complete. going
7. Inclusionary Housing. The proposed project shall
comply with the City of Dublin Inclusionary Zoning
Regulations as follows:
The inclusionary housing requirement is 12.5 percent of the total number of units within the development and shall be satisfied as follows unless an alternate method of
compliance is approved by City Council consistent with
the Inclusionary Zoning Regulations:
• In-Lieu Fee: 40 percent of the total number of
inclusionary units within the development shall be
satisfied via payment of an “In-Lieu Fee” as
provided by the City’s Impact Fee Schedule.
• On-site Affordable Units: 60 percent of the total
number of inclusionary units within the
development shall be developed on site.
• On-site Affordable Units shall be dispersed
throughout the neighborhood and constructed
concurrently with the market rate units.
• Execution of an agreement imposing appropriate
resale controls and/or rental restrictions on the
affordable units shall be required in accordance
with DMC Chapter 8.68.
PL On-going
PUBLIC WORKS – GENERAL CONDITIONS
211
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 13 Conservation District fees shall be paid at the time of filing the Final Map, or upon issuance of building
permits as may be applicable to such fees.
PUBLIC WORKS – PERMITS AND BONDS
10. Encroachment Permit. Applicant/Developer shall
obtain an Encroachment Permit from the Public
Works Department for all construction activity within
the public right-of-way. At the discretion of the City
Engineer an encroachment permit for work
specifically included in an Improvement Agreement
may not be required.
PW Permit
Issuance
11. Grading Permit. Applicant/Developer shall obtain a Grading Permit from the Public Works Department for
all grading.
PW Permit
Issuance
12. Security. Applicant/Developer shall provide faithful performance security to guarantee the improvements,
as well as payment security, as determined by the
City Engineer (Note: The performance security shall
remain in effect until one year after final inspection).
PW Permit
Issuance
13. Permits from Other Agencies. Applicant/Developer
shall obtain all permits and/or approvals required by
other agencies including, but not limited to:
Army Corps of Engineers
US Fish and Wildlife
Regional Water Quality Control Board
Federal Emergency Management Agency
California Department of Fish and Wildlife
California Dept. of Transportation (Caltrans)
Bay Area Rapid Transit (BART)
Livermore-Amador Valley Transit Authority
(LAVTA)
Tri-Valley-San Joaquin Valley Regional Rail
Authority
Dublin San Ramon Services District (DSRSD)
Alameda County Flood Control and Water
Conservation District Zone 7 (Zone 7)
PW Permit
Issuance
PUBLIC WORKS – PARCEL MAP, EASEMENTS AND ACCESS RIGHTS
13. Dedications. All rights-of-way and easement
dedications required by these conditions or
determined necessary by the City Engineer shall be
shown on the Parcel Map. At City Engineer’s
discretion, Applicant/Developer may alternatively
reserve said easements and rights-of-way on the
Parcel Map and dedicate by separate deed
instrument, in form satisfactory to the City Engineer.
PW Approval of
Parcel Map
14. Public Service Easements. A Public Service
Easement (PSE) shall be dedicated along the
PW Approval of
Parcel Map
212
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 13 project’s frontage to allow for the proper placement of public utility vaults, boxes, appurtenances or similar
items behind the back-of-sidewalk. Private
improvements such as fences, gates or trellises shall
not be located within the PSE.
15. Abandonment of Easements. Applicant/Developer
shall obtain abandonment from all applicable public
agencies of existing easements and rights-of-way
within the project site that will no longer be used. Prior to completion of abandonment, the improvement
plans may be approved if the Applicant/Developer can
demonstrate to the satisfaction of the City Engineer
that the abandonment process has been initiated.
PW Approval of
Parcel Map
16. Acquisition of Easements. Applicant/Developer
shall be responsible for obtaining all on-site and off- site easements, and/or obtain rights-of-entry from the
adjacent property owners for any improvements not
located on their property. The Applicant/Developer
shall prepare all required documentation for
dedication of all easements on-site and off-site. The
easements and/or rights-of-entry shall be in writing
and copies furnished to the Public Works Department.
PW Approval of
Parcel Map
and/or Grading
Permit
Issuance
17. Approval by Others. The Applicant/Developer will
be responsible for submittals and reviews to obtain
the approvals of all applicable non-City agencies.
PW Approval of
Parcel Map
PUBLIC WORKS - GRADING
18. Grading Plan. The Grading Plan shall be in
conformance with the recommendation of the
Geotechnical Report, the approved Tentative Map,
and the City design standards & ordinances. In case
of conflict between the soil engineer’s
recommendation and the City ordinances, the City
Engineer shall determine which shall apply.
PW Grading Permit
Issuance
19. Geotechnical Engineer Review and Approval. The
Project Geotechnical Engineer shall be retained to
review all final grading plans and specifications. The Project Geotechnical Engineer shall approve all
grading plans prior to
City approval.
PW Grading Permit
Issuance
20. Grading Off-Haul. The disposal site and haul truck
route for any off-haul dirt materials shall be subject to the review and approval by the City Engineer prior to
the issuance of a Grading Permit. If the
Applicant/Developer does not own the parcel on
which the proposed disposal site is located, the
Applicant/Developer shall provide the City with a
Letter of Consent signed by the current owner,
approving the placement of off-haul material on their
PW Grading Permit
Issuance
213
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 13 parcel. A Grading Plan may be required for the
placement of the off-haul material.
A Transportation Permit or Encroachment Permit may
be required for the haul route, as determined by the
City Engineer, which shall include a pre- and post-
hauling survey of the pavement condition.
Applicant/Developer shall be responsible for repairing
damaged pavement due to hauling operations, as
determined by the City Engineer.
21. Erosion Control Plan. A detailed Erosion and
Sediment Control Plan shall be included with the
Grading Plan submittal. The plan shall include
detailed design, location, and maintenance criteria of
all erosion and sedimentation control measures. The
plan shall also address site housekeeping best
management practices.
PW Grading Permit
Issuance
22. Demolition Plan. The Applicant/Developer’s Civil
Engineer shall prepare a demolition plan for the project, which shall be submitted concurrent with the
improvement plan package. The demolition plan shall
address the following:
Pavement demolition, including streetlights and
landscaped median islands
Landscaping and irrigation
Fencing to be removed and fencing to remain
Any items to be saved in place and or protected,
such as trees, water meters, sewer cleanouts,
drainage inlets or backflow prevention devices
PW Grading Permit
Issuance
PUBLIC WORKS – CONSTRUCTION
23. Erosion Control Implementation. The Erosion and
Sediment Control Plan shall be implemented between
October 1st and April 30th unless otherwise allowed
in writing by the City Engineer. The
Applicant/Developer will be responsible for
maintaining erosion and sediment control measures
for one year following the City’s acceptance of the
improvements.
PW Start of
Construction
and On-going
24. Archaeological Finds. If archaeological materials are encountered during construction, construction
within 100 ft of these materials shall be halted until a professional Archaeologist certified by the Society of
California Archaeology (SCA) or the Society of
Professional Archaeology (SOPA) has had an
opportunity to evaluate the significance of the find and suggest appropriate mitigation measures.
PW Start of
Construction
and On-going
214
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 10 of 13
25. Construction Activities. Construction activities, including the idling, maintenance, and warming up of
equipment, shall be limited to Monday through Friday,
and non-City holidays, between the hours of 7:30 a.m.
and 6:00 p.m. except as otherwise approved by the
City Engineer. Extended hours or Saturday work will
be considered by the City Engineer on a case-by-case
basis. Note that the construction hours of operation
within the public right-of-way are more restrictive.
PW Start of
Construction
and On-going
26. Temporary Fencing. Temporary construction
fencing shall be installed along the construction work
perimeter to separate the construction area from the
public. All construction activities shall be confined
within the fenced area. Construction materials and/or
equipment shall not be operated/stored outside of the
fenced area or within the public right-of-way unless
approved in advance by the City Engineer.
PW Start of
Construction
and On-going
27. Construction Noise Management Plan.
Applicant/Developer shall prepare a construction
noise management plan that identifies measures to
minimize construction noise on surrounding
developed properties. The plan shall include hours of
construction operation, use of mufflers on
construction equipment, speed limit for construction
traffic, haul routes, and identify a noise monitor.
Specific noise management measures shall be
provided prior to project construction.
PW Start of
Construction
Implementation
, and On-going
as needed
28. Traffic Control Plan. Traffic Control Plan shall be submitted for review and approval prior to any work
within the public right-of-way which requires lane
closure. Closing of any existing pedestrian pathway
and/or sidewalk during construction shall be
implemented through the City-approved Traffic
Control Plan and shall be done with the goal of
minimizing the impact on pedestrian circulation.
Traffic Control Plan shall be prepared in accordance
with the latest edition of the CA Manual on Uniform
Traffic Control Devices (MUTCD).
PW Start of
Construction
and On-going
as needed
29. Construction Traffic Interface Plan.
Applicant/Developer shall prepare a plan for
construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City
Engineer.
PW Start of
Construction;
Implementation
, and On-going
as needed
30. Pest Control. Applicant/Developer shall be
responsible for controlling any rodent, mosquito, or
other pest problem due to construction activities.
PW On-going
215
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 11 of 13
31. Dust Control Measures. Applicant/Developer shall
be responsible for watering or other dust-palliative
measures to control dust as conditions warrant or as
directed by the City Engineer.
PW Start of
Construction;
Implementation
On-going as
needed
32. Dust Control/Street Sweeping. The
Applicant/Developer shall provide adequate dust
control measures at all times during the grading and
hauling operations. All trucks hauling export and
import materials shall be provided with tarp cover at
all times. Spillage of haul materials and mud-tracking
on the haul routes shall be prevented at all times. The Applicant/Developer shall be responsible for
sweeping of streets within, surrounding and adjacent
to the project, as well as along the haul route, if it is determined that the tracking or accumulation of
material on the streets is due to its construction
activities.
PW During Grading
33. Construction Traffic and Parking. All construction- related parking shall be off-street in an area provided by the Applicant/Developer. Construction traffic and
parking shall be provided in a manner approved by
the City Engineer.
PW Start of
Construction
and On-going
PUBLIC WORKS – EROSION CONTROL & STORMWATER QUALITY
34. Stormwater Source Control. All applicable
structural and operational stormwater source controls
shall be implemented.
PW/ESD Grading Permit
Issuance
35. NOI and SWPPP. Prior to any clearing or grading,
Applicant/Developer shall provide the City evidence
that a Notice of Intent (NOI) has been sent to the
California State Water Resources Control Board per
the requirements of the NPDES. A copy of the Storm
Water Pollution Prevention Plan (SWPPP) shall be
provided to the Public Works Department and be kept
at the construction site.
PW Start of Any
Construction
Activities
36. SWPPP. The Storm Water Pollution Prevention Plan
(SWPPP) shall identify the Best Management
Practices (BMPs) appropriate to the project
construction activities. The SWPPP shall include the
erosion and sediment control measures in
accordance with the regulations outlined in the most
current version of the Association of Bay Area
Governments (ABAG) Erosion and Sediment Control
Handbook or State Construction Best Management
Practices Handbook. The Applicant/Developer is
responsible for ensuring that all contractors
implement all storm water pollution prevention
measures in the SWPPP.
PW SWPPP to be
Prepared Prior
to Grading
Permit
Issuance;
Implementation
Prior to Start of
Construction
and On-going
as needed
216
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 12 of 13
PUBLIC WORKS - SPECIAL CONDITIONS
37. Dublin Boulevard Dedication. Property Owner shall
dedicate right-of-way in fee for public roadway
purposes for the future Dublin Boulevard extension in
general conformance with the adopted Precise Plan,
the most current design plans on file with the office of the City Engineer, and the Vesting Tentative Parcel
Map. Applicant/Developer will receive Eastern Dublin
Transportation Impact Fee (“EDTIF”) credits for
dedication of this right-of-way in the amount specified in the EDTIF program for right-of-way dedication.
PW Approval of
Parcel Map
38. Central Parkway Dedication. Property Owner shall
dedicate right-of-way in fee for public roadway
purposes for widening of the future Central Parkway
extension in general conformance with the Vesting
Tentative Parcel Map.
PW Approval of
Parcel Map
39. Slope Easement. Property Owner shall dedicate a
Slope Easement (“SE”) via separate instrument
adjacent to the future Dublin Boulevard frontage if
mass grading has not commenced per the preliminary
grading plan as shown on the Vesting Tentative
Parcel Map. Property Owner shall cooperate with the
City Engineer on the extent of the SE dedication to
accommodate the future Dublin Boulevard extension.
PW Approval of
Parcel Map
40. Collier Canyon Road Dedication. Property Owner
shall dedicate right-of-way in fee or provide an
irrevocable offer of dedication in fee for public
roadway purposes for the widening of Collier Canyon
Road necessary to meet the Eastern Dublin Specific
Plan “Industrial Road” street geometric standards.
PW Approval of
Parcel Map
41. Collier Canyon Road Dedication. Property Owner
shall dedicate right-of-way in fee or provide an
irrevocable offer of dedication in fee for public
roadway purposes for the future relocation of Collier
Canyon Road as may be necessary for the future
Valley Link project in general conformance with the
Vesting Tentative Parcel Map, the most current
design plans on file with the office of the City
Engineer. Alternatively, subject to City Engineer
approval, Property Owner can provide an easement
for public roadway purposes which prohibits
construction of any permanent improvements and
structures, as determined by the City Engineer, within
the future right-of-way.
PW Approval of
Parcel Map
42. Private Access Easements. Property Owner shall
reserve on the parcel map and grant via separate
instrument Private Access Easement(s) (“PAE”) for
PW Approval of
Parcel Map
217
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 13 of 13 the purpose of providing legal access to all newly
created parcels to a public roadway. PAE shall be
minimum 26’ wide and shall be recorded concurrently
with the parcel map.
PASSED, APPROVED, AND ADOPTED this 7th day of March 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
218
PARCEL 3
PARCEL 4
103
PARCEL 1
PARCEL 2
PARCEL 5
PARCEL P
404
405406
403 402 399
PARCEL OO
468
PARCEL NN
434
427
PARCEL FF
425
PARCEL AA
408
464
467
PARCEL LL
458
PARCEL MM
407
433
422
420
459465
455
429 PARCEL BB430
428
PARCEL CC
421432
426
423424
462
431
460461
456
400
398
401
463
457466
PARCEL QQPARCEL RR
PARCEL Q
542
491
480479478477476475481
546
496495494493492497
483484485486487488489482
490
474
545544
543
419
GRADING EASEMENTTO BE OBTAINED FROMADJACENT PROPETY OWNER
GRADING EASEMENTTO BE OBTAINED FROMADJACENT PROPETY OWNER 10' PSE10' PSE
PARCEL 3
PARCEL 1
PARCEL 4
103
PARCEL 2
N88°41'57"W 760.37'114.9'315'53'206'54'126'13'
PRIVATE ACCESS EASEMENT TO BEPROVIDED BY TOWN & COUNTRY, LLCFOR SHARED PRIVATE ACCESS/ROADWAYACCESSING BOTH PROPERTIES FROM THEPLANNED FULLY SIGNALIZEDINTERSECTION WITH DUBLIN BLVD
FUTURE CENTRAL PARKWAYDEDICATION
SLOPE EASEMENT ALONGDUBLIN BOULEVARDTO BE COORDINATED WITHDUBLIN BOULEVARD EXTENSIONPROJECT AND MADE VIASEPARATE INSTRUMENT17.87±ACPARCEL 3
9.87±ACPARCEL 12.04±ACPARCEL 2
8.51±ACPARCEL 4
DEDICATION OF COLLIER CANYON ROADROW SHALL BE PER PROJECT CONDITIONSAND THE PROJECT DEVELOPMENTAGREEMENT.
N89°03'50"W 760.31' BNDY
N0°25'45"E 1793.95' BNDYN0°25'45"E 2805.67' BNDY
N89°03'15"W 378.50' BNDY
N0°25'45"E 1008.26' BNDYN88°33'15"W 381.86' BNDY
966.6'
41.7'976.0'82.2'1049.7'1016.8'
99.0'
130.0'
567.9'563.0'MAP NOTES:1.OWNER/APPLICANTRANDY BRANAUGHBEX DEVELOPMENT19077 MADISON AVE.CASTRO VALLEY, CA 945462.ENGINEER: MACKAY & SOMPS5142 FRANKLIN DR. SUITE BPLEASANTON, CA 94588-3355CONTACT: MARK McCLELLAN/ COLETTE L'HEUREUX(925) 225-06903.AREA SUBJECT TO INUNDATION: NONE (PANEL 0607050002B)4.SUBDIVIDED AREA: 40.16± ACRES5.ASSESSOR'S PARCEL NUMBER: 905-0001-004-046.WATER/SEWER SYSTEM: TO BE INSTALLED IN CONFORMANCE WITH DUBLINSAN RAMON SERVICES DISTRICT (DSRSD) STANDARDS.7.DRAINAGE: TO BE INSTALLED IN CONFORMANCE WITH CITY OF DUBLIN STANDARDS.8.GAS & ELECTRICITY: TO BE INSTALLED IN CONFORMANCE WITH STANDARDS OF PACIFIC GAS AND ELECTRIC CO.9.TELEPHONE: TO BE INSTALLED IN CONFORMANCE WITH STANDARDS OF SBC.10.STREET IMPROVEMENTS: PER CITY OF DUBLIN STANDARDS11.EXISTING ZONING: PD-INDUSTRIAL PARK, PD-MEDIUM DENSITYRESIDENTIAL12.EXISTING LAND USE: CATTLE GRAZING, DRY LAND FARMING13.PROPOSED LAND USE: PD-INDUSTRIAL PARK, PD-MEDIUM DENSITYRESIDENTIAL14.UNLESS OTHERWISE SPECIFICALLY STATED IN THE CONDITIONS OF APPROVAL, LOCAL AGENCYAPPROVAL OF THIS MAP SHALL CONSTITUTE AN EXPRESS FINDING THAT THE PROPOSEDDIVISION AND DEVELOPMENT OF THE SUBJECT PROPERTY WILL NOT UNREASONABLY INTERFEREWITH THE FREE AND COMPLETE EXERCISE OF RIGHTS DESCRIBED IN GOVERNMENT CODESECTION 66436(A)(3)(A)(I).15.PARCEL DIMENSIONS ARE PRELIMINARY AND SUBJECT TO FINAL ENGINEERING DESIGN.16.THE APPLICANT RESERVES THE OPTION TO PHASE THE MAPPING AND CONSTRUCTION OF THISPROJECT IN VARIOUS COMBINATIONS OF FINAL MAPS/TRACT DEVELOPMENT AGREEMENTS AND/ORIMPROVEMENT PLANS/IMPROVEMENT AGREEMENTS, ALL AS APPROVED BY THE DIRECTOR OFPUBLIC WORKS.17.THE APPLICANT INTENDS TO FILE A FUTURE VESTING TENTATIVE TRACT MAP ON PARCEL 1.18.THE APPLICANT RESERVES THE OPTION TO FILE FUTURE TENTATIVE PARCEL MAPS ON PARCELS3 AND 4, OR FILE COMMERCIAL AIRSPACE CONDOMINIUM PLANS ON SAID PARCELS AFTER THEPARCEL MAP 9306 RECORDATION.19.IF COLLIER CANYON ROAD RIGHT OF WAY IS NO LONGER NEEDED AFTER THE EXTENSION OFDUBLIN BLVD IS COMPLETED, PROPERTY OWNER WOULD LIKE TO OBTAIN RIGHT-OF-WAYREMAINING AFTER VALLEY LINK TAKE TO USE FOR A UTILITY CORRIDOR AND STORM WATERQUALITY BASIN.20.IMPROVEMENTS ALONG COLLIER CANYON ROAD WILL BE DEFERRED UNTIL AN APPLICATION FORTHE SOUTHERN INDUSTRIAL PARCEL IS PROVIDED TO THE CITY.21.IMPROVEMENTS ALONG CENTRAL PARKWAY WILL BE DEFERRED UNTIL AN APPLICATION FOR THERESIDENTIAL PARCEL IS PROVIDED TO THE CITY.22.IMPROVEMENTS ALONG DUBLIN BLVD. WILL BE DEFFERED UNTIL AN APPLICATION FOR PARCEL3 OR 4 IS PROVIDED TO THE CITY.
LEGEND:BOUNDARY LINEPARCEL LINEEASEMENT LINE/IODEXISTING RIGHT OF WAY
PAEPRIVATE ACCESS EASEMENT
AIRPORT PROTECTION ZONE LINEEXISTING PARCEL LINE
BNDYBOUNDARYIODIRREVOCABLE OFFER OF DEDICATIONAC.ACRESPUEPUBLIC UTILITY EASEMENTROWRIGHT OF WAY RIGHT OF WAYBASIS OF BEARINGS:THE BASIS OF BEARINGS SHOWN HEREON, IS THE LINE BETWEEN USC&GS TRIANGULATIONSTATIONS "FALLON" AND "MOUNT DIABLO TOWER". THE GRID BEARING CALCULATED FROMPUBLISHED CCS 27 ZONE 3 GRID COORDINATES FOR THIS LINE IS TAKEN AS NORTH 15°44'21"WEST.PARCELPROPOSED OWNERMAINTAINED BYPROPOSED USEPARCEL 1BEX DEVELOPMENTBEX DEVELOPMENTMEDIUM DENSITYRESIDENTIALPARCEL 2BEX DEVELOPMENTBEX DEVELOPMENTWATER QUALITY FACILITYFOR MEDIUM DENSITYRESIDENTIALPARCEL 3BEX DEVELOPMENTBEX DEVELOPMENTINDUSTRIAL PARKPARCEL 4BEX DEVELOPMENTBEX DEVELOPMENTINDUSTRIAL PARK DSRSDDUBLIN SAN RAMON SERVICES DISTRICT LEGEND:GHADGEOLOGIC HAZARD ABATEMENT DISTRICTSDEPUBLIC STORM DRAIN EASEMENTESMTEASEMENTSDOSTORM DRAIN OPEN SPACE 219
PARCEL 3 PARCEL 1
PARCEL 4 103
PARCEL 2
8"W
8"W8"W8"W
8"W8"W 8"W8"W8"W
8"W
8"W8"W8"W
8"W
8"W
8"W8"W8"W
427
425
428
426
PARCEL QQ
546
545
544
STORM DRAIN SYSTEMIN PARKING LOT CONVEYSUNTREATED DRAINAGE TOBIORETENTION BASINFOR TREATMENT.DRAINAGE OUTLETS ATFINISH GRADE OF BASIN
OVERFLOW RISER CONVEYSTREATED FLOWS TOSTORM DRAIN SYSTEM INCOLLIER CANYON ROADRIGHT-OF WAYINSTALL STORM DRAININ COLLIER CANYON ROADRIGHT-OF-WAY STORM DRAIN LINE CONVEYSTREATED DRAINAGE TOCROAK ROAD, TO BENEFITALL PROPERTIES SOUTHOF DUBLIN BLVD.EASEMENTS BETWEEN ALLOWNERS WILL BE COORDINATEDSTORM DRAIN SYSTEM IN PARKING LOTCONVEYS UNTREATED DRAINAGE TOBIORETENTION BASIN FOR TREATMENT.DRAINAGE OUTLETS AT FINISH GRADE OF BASIN
OVER FLOW RISERIN BASIN CONVERYSSTORM DRAINAGE TOSDO LINE INSTORM DRAIN EASEMENTFUTURE WATERCONNECTION FORRESIDENTIAL FUTURE SEWER CONNECTIONFOR RESIDENTIAL.(SEWER TO BE ROUTEDTHROUGH PUBLIC STREETSIN RIGHETTI PROPERTY.PROPERTY OWNERS WILLCOORDINATE DEVELOPMENT)FUTURE SECONDARYWATER CONNECTIONFOR RESIDENTIAL.(WATER TO BE ROUTEDTHROUGH PUBLIC STREETSIN RIGHETTI PROPERTY.PROPERTY OWNERS WILLCOORDINATE DEVELOPMENT) NOTES:1.SITE PLAN AND UTILITY LAYOUT IN INDUSTRIAL PARK LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO CHANGE WITH SITE DEVELOPMENT REVIEW PROCESS. APPLICATION SHOWS SITEPLAN FOR REFERENCE ONLY. NO IMPERVIOUS AREA IS PROPOSEDWITH THIS APPLICATION.2.UTILITIES WITHIN DUBLIN BLVD TO BE DESIGNED AND INSTALLED WITH DUBLN BLVD EXTENSION.3. STORM DRAIN OPEN SPACE (SDO) INDICATES A STORM DRAIN LINE THAT CONVEYS STORMWATER FROM UNDEVELOPED AREAS NOT REQUIRING C3 TREATMENT, OR TREATED DRAINAGE FROM STORMWATER QUALITY AREAS.
NOTES:FUTURE VESTING TENTATIVE TRACT MAPTO SUBDIVIDE PARCEL 1WILL DETAIL UTILITY LAYOUTIN RESIDENTIAL LAND USE AREA 46' SDE AND DSRSD EASEMENTFOR SHARED USE BETWEEN USERSINLET CONVEYSDRAINAGE FROMDITCH IN BENCHTO SDO LINE STORM DRAIN WITHINPUBLIC STREETS TOCOLLECT DRAINAGEAND CONVEY TO OUTLETAT BIORETENTION BASINSFOR TREATMENT.OUTLETS DESIGNEDTO BUBBLE UP 1'8"SS6"SS6"SS 8"SS8"SS8"SS6"SS 6"SS
6"SS
8"SS
15"SD15"SD48"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD 15"SD
30"SDO15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD15"SD 15"SD15"SD15"SD15"SD
15"SD24"SD
15"SDO15"SDO15"SDO
15"SD
EX. SPRINT FIBER OPTIC LINE (TO BERELOCATED TO PRIMARY JOINT TRENCH LINEALONG DUBLIN BLVDSTORM DRAIN SYSTEMCONNECTS TO ULTIMATE STORMDRAIN IN DUBLIN BLVD DIVERSION STRUCTUREDIVERTS HIGH FLOWSTO STORM DRAIN SYSTEMBYPASSING BASIN48"SD 48"SD 48"SD15"SD48"SD
OVERSIZED PIPE IN PARKING LOTMETERS FLOWS TO BASINFOR HYDROMODIFICATION.MAINTAINED BY COMMERCIALOWNER/OWNER'S ASSOCIATION.
OVERSIZED PIPE IN PARKING LOTMETERS FLOWS TO BASINFOR HYDROMODIFICATION.MAINTAINED BY COMMERCIALOWNER/OWNER'S ASSOCIATION.DIVERSION STRUCTUREDIVERTS HIGH FLOWSTO STORM DRAIN SYSTEMBYPASSING BASINDIVERSION STRUCTUREDIVERTS HIGH FLOWSTO STORM DRAIN SYSTEMBYPASSING BASINOVERSIZED PIPE INFUTURE PUBLIC STREETMETERS FLOWS TO BASINFOR HYDROMODIFICATIONFOR RESIDENTIAL.MAINTAINED BY HOMEOWNER'S ASSOCIATION.30"SD15"SD 24"SDCONNECT TO12" ZONE 2WATER LINEIN DUBLIN BLVDCONNECT TOSEWER MAINLINEIN DUBLIN BLVD12"SS INV. 386.5 +/-
CLEAR SIGHT TRIANGLE PERHIGHWAY DESIGN MANUAL
CLEAR SIGHT TRIANGLE PERHIGHWAY DESIGN MANUAL
15"SD15"SD
15"SD15"SD15"SD15"SD15"SD15"SD
8"SS8"W 8"W8"W
8"W8"W8"W8"W
15"SD
SWQ
SWQ
SWQ
15' SSE15' SSE FOR SHARED SEWERMAIN ALONG COMMONPROPERTY LINE, TO BEPROVIDED BY TOWN ANDCOUNTY, LLC. 220
21 PARCEL A
22 24
2520
26 23
19 16
14 15
18 17
PARCEL B
8 13
11 10
12 9
PARCEL G
PARCEL I
PARCEL H
PARCEL TT
PARCEL UU
PARCEL P
416
395
PARCEL YPARCEL Z394 393397
PARCEL GG
409
396
451
471
404405
406 403
402
399
PARCEL OO
468
392
PARCEL PPPARCEL NN
454 PARCEL KK
PARCEL HH
434
415
441
PARCEL JJ
437
453
472
427
PARCEL FF
425
PARCEL AA
447
408
470
464
450
467
PARCEL LL
473
439
446
458PARCEL MM
448
445
452
436
407
438
444
433
449
PARCEL II
440
422
420
459
PARCEL EE
412
465
455
429
PARCEL BB
469
411
430
428
PARCEL CC 418
413
421
PARCEL DD
432
443 442
426
435
423
417
424
462
431
460
461
456
414
400
398
401
463
457
466
410
PARCEL QQ
PARCEL RR
PARCEL Q
PARCEL U
542
503
502
501
500
499
498
519
518
517
516
515
514
513
512PARCEL R
511
510
509
508
507491
480
479
478
477
476
475
481
546
496
495
494
493
492
497
504
506
483
484
485
486
487
488
489
482
505490474
545
544
543 541 540
419
SANITARY SEWER SYSTEM (BY OTHERS)SANITARY SEWER SYSTEM (PROPOSED)EX STORM DRAIN SYSTEMSTORM DRAIN SYSTEM (BY OTHERS)STORM DRAIN SYSTEM (PROPOSED)OPEN SPACE STORM DRAIN SYSTEM (BY OTHERS)OPEN SPACE STORM DRAIN SYSTEM (PROPOSED)POTABLE WATER SYSTEM (BY OTHERS)POTABLE WATER SYSTEM (PROPOSED)RECYCLED WATER SYSTEM (BY OTHERS)RECYCLED WATER SYSTEM (PROPOSED) LEGEND
ULTIMATE12" WATER (ZONE 2) BY OTHERS(W/ DUBLIN BLVD EXTENSION) SWQ
SWQ
SWQ12" WATER (ZONE 2) BYEAST RANCH DEVELOPERSTUBBED AT END OFTHEIR FRONTAGEZONE 2 WATERULTIMATE 18" SS BY OTHERS(W/ DUBLIN BLVD EXTENSION) ULTIMATE 48" SD BY OTHERS(W/ DUBLIN BLVD EXTENSION)
PARCEL 3 PARCEL 1
PARCEL 4 103
PARCEL 2
PARCEL 3PARCEL 4 103 PARCEL 1PARCEL 2 PARCEL 5
APPROXIMATE TERMINATION OF ULTIMATE12" WATER (ZONE 1) BY OTHERS(W/ DUBLIN BLVD EXTENSION)ULTIMATE10" RECYCLED WATER BY OTHERS(W/ DUBLIN BLVD EXTENSION)
SWQSWQSWQSTORM DRAIN IN COLLIERCANYON ROAD INSTALLEDTO BENIFIT ALL PROPETYOWNERS TO CROAK ROADSTORM DRAIN IN UTILITYEASEMENT
STORM DRAIN IN UTILITYEASEMENT
DRAINAGE OF INDUSTRIAL SITETO BE DISCHARGED TO BIORETENTIONBASINS ALONG DUBLIN BLVD FORTREATMENT PER PROVISION C.3.
DRAINAGE OF INDUSTRIAL SITETO BE DISCHARGED TO BIORETENTIONBASIN ALONG COLLIER CANYON ROAD FORTREATMENT PER PROVISION C.3.
PROPERTY OWNER TO ACQUIRE UTILITYEASEMENTS ACROSS RIGHETTI AND GH PACVESTPARCELS FOR STORM DRAIN SYSTEMAND OVERLAND RELEASE.
INDUSTRIAL SITESEWER CONNECTSTO TRUNK LINE INDUBLIN BLVD.INDUSTRIAL SITESEWER CONNECTSTO TRUNK LINE INDUBLIN BLVD.TREATED STORM DRAINAGE FROMINDUSTRIAL SITE FLOWS TOSTORM DRAIN TO BE INSTALLEDIN COLLIER CANYON ROADRIGHT-OF-WAY
STORM DRAIN CONNECTION TO BE EXTENDEDWEST IN CROAK RD ROW TO ULTIMATEDISCHARGE POINT AT FALLON ROAD FUTURE 12" WATER (ZONE 2) BYOTHERS EXTENDED TO DUBLINBLVD
PERMANENT SEWER INCROAK ROAD TO BEINSTALLED BY OTHERS
CONNECT RIGHETTIAND BRANAUGHRESIDENTIAL SEWERTO CENTRAL PARKWAY TREATED STORM DRAINAGEFOR RESIDENTIAL SITE TOBE PIPED THROUGH SDE ONINDUSTRIAL SITE TODUBLIN BLVD.TREATED STORM DRAINAGEFROM INDUSTRIAL ANDRESIDENTIAL SITES FLOWTO STORM DRAIN SYSTEMIN DUBLIN BLVD CONNECT ZONE 2 WATERTO CENTRAL PARKWAYFOR LOOPED SERVICETO RIGHETTI ANDBRANAUGH PROPERTY DRAINAGE OF RESIDENTIALSITE TO BE DISCHARGED TOBIORETENTION BASINS SOUTHOF FUTURE PUBLIC STREET FORTREATMENT PER PROVISION C.3.
SEWER IN RESIDENTIAL SITETO FLOW THROUGH RIGHETTIRESIDENTIAL SITE TOCENTRAL PARKWAY IN FUTUREPUBLIC STREET RIGHT-OF-WAYCONNECT ZONE 2 WATERTO CENTRAL PARKWAYFOR LOOPED SERVICETO RIGHETTI ANDBRANAUGH PROPERTY NOTE: DESIGN OF UTILITIES,LOTTING AND DRAINAGE FORRESIDENTIAL SITE WILL BEINCLUDED IN ASUBSEQUENT SMALL LOTVESTING TENTATIVE MAP EXISTING 12" ZONE 2 WATEREXISTING 10" RECYCLED WATER
FUTURE PUBLIC STREETSOUTHERN INDUSTRIAL SITECONNECTS TO 12" WATER (ZONE 2)IN DUBLIN BLVD.NORTHERN INDUSTRIAL SITECONNECTS TO 12" WATER (ZONE 2)IN DUBLIN BLVD.
STORM DRAIN PROPOSEDBY EAST RANCH
SWQ
FOR REFERENCE ONLY
CONNECT TO EX 96" SD(CONNECTION TO BOXCULVERT AND 96" SDINSTALLED AS PART OFDUBLIN BLVD IMPROVEMENTS)EX 6'x5' DOUBLE BOX CULVERTSUNDER EX. FALLON RD.8'x9' BOX CULVERTCONNECTION BETWEENG3 & EX. 6'x5'EX 84" CULVERTEX G3 CULVERT96" SD
SEE CONTINUATION ABOVE RIGHT
SEE CONTINUATION BELOW LEFT
221
PARCEL P
405
406
PARCEL NN
427
PARCEL FF
425
408
464
458
PARCEL MM
407
459
465
429
PARCEL BB
430
428
PARCEL CC
426 423
424
462
460
461
463
PARCEL QQ
480
479
478
477
476
475
481
546
474
545
544
543
PARCEL 3 PARCEL 1
PARCEL 4 103
PARCEL 2
PARCEL 3PARCEL 4 103 PARCEL 1PARCEL 2 PARCEL 5
SWQSWQ
SWQ
SWQ
SWQ
SWQ
SWQSWQSWQ400
410430440
450520510
500
490440420
430
400390380370 430440 480470490500
570560550580540530
530520510500490480470460450390400410
380370
380390
410408
410420418
420418
440
450460470480
450460470480470468472
460470480490500
ABBCC S
R
PONMMLK
GH
J WX
Y
T
VU
F
I
DE
Q
W
YZ
J-DITCH ALONG PLCAPTURES DRAINAGELIMIT OF GRADINGAT PROPERTY LINEJ-DITCH ALONG PLCAPTURES DRAINAGE
CONFORM GRADINGAT EXISTINGACCESS EASEMENT
CONFORM GRADINGAT COLLIER CANYON ROAD
CONFORM GRADINGAT COLLIER CANYON ROADDAYLIGHT GRADING ONTOADJACENT PROPERTY. OWNER TO OBTAINGRADING PERMISSION AND GRADING EASEMENT.GRADING PERMIT TO BE OBTAINED FROM COUNTY
FUTURE ENTRANCEINTO INDUSTRIALDEVELOPMENT
FUTURE ENTRANCEINTO INDUSTRIALDEVELOPMENT
6' BENCHES EVERY30' VERTICALLY
MATCH GRADES ATCENTRAL PARKWAY
DAYLIGHT GRADING ONTOADJACENT PROPERTY. OWNER TO OBTAINGRADING PERMISSION AND GRADING EASEMENT.GRADING PERMIT TO BE OBTAINED FROM COUNTYDAYLIGHT GRADING ONTOADJACENT PROPERTY. OWNER TO OBTAINGRADING PERMISSION AND GRADING EASEMENT.GRADING PERMIT TO BE OBTAINED FROM COUNTY GRADING OF DUBLIN BLVDROAD SUBGRADE TO ASSISTCITY IN CONSTRUCTIONOF FUTURE ROADWAY4.3' HIGH SLOPEBANK BETWEEN PADS 20' MAINTENANCEBENCH
MATCH GRADES WITHCROAK PROPERTY
CITY OFDUBLIN LIMITNOTES:1. MASS GRADING TO OCCUR OVER BRANAUGH, RIGHETTI, AND MONTE VISTAPROPERTIES IN ONE OPERATION TO BALANCE DIRT PRIOR TO CONSTRUCTION OFDUBLIN BLVD AND FOR FUTURE DEVELOPEMENT. FUTURE DEVELOPMENT WILLBALANCE WITHIN EACH "SUPER PAD" SHOWN HERE. "SUPER PADS" DESIGNED ATSLOPES SHOWN TO ACCOMODATE A WIDE VARIETY OF TYPES OF FUTUREDEVELOPMENT AND ALLOW FOR ADA ACCESS WITHIN THEM.2. TEMPORARY DRAINAGE SOLUTION WILL BE REQUIRED FOR RUNOFF COLLECTEDIN J-DITCHES. DESIGN WILL BE DETERMINED IN FINAL DESIGN, BUT MAYINCLUDE TEMPORARY SETTLEMENT AND/OR DETENTION BASINS AT THE LOCATIONSOF THE STORMWATER QUALITY BASINS BEFORE IMPERVIOUS AREA IS CREATED.
PARCEL 3PARCEL 4 103 PARCEL 1PARCEL 2 PARCEL 5
3:1 3:13:12:12:1
2:12:12:1
6%2.5%
2.5%
2.5%2.5%2.5%
2.5%2.5%2:12:13.4%
2:1
2:1
3:13:1
3:12.5%
2.5%
2.5%
3:1
3:1
3:1 3:1 1.1%6%
2:12:1
GRADING AND TEMPORARY CONSTRUCTION EASEMENT LIMITSGRADING AND TEMPORARY CONSTRUCTION EASEMENT LIMITS
5.5%
5.3%
ESTIMATED GRADING QUANTITIESCUT (CY)FILL (CY)NET (CY)RIGHETTI755,352389,790365,562 (CUT)BRANAUGH499,704704,848205,144 (FILL)MONTE VISTA1,236168,164166,928 (FILL)TOTAL1,256,2921,262,8026,510 (FILL) SWQ
W
LEGEND:OVERLAND RELEASE
222
3:1
20'EX GROUNDPAD2:13:1 MAX12'ACCESSROADPLFENCEBNDY / CITY LIMITS172'± MAXGRADING EASEMENT5'
SECTION ANTS
2.5%SECTION BNTS
DAYLIGHT
DAYLIGHTEX GROUND160'± MAXGRADING EASEMENT1' OVERBUILDBNDY / CITY LIMITS5'
2.5%SECTION CNTSDAYLIGHTEX GROUND60'± MAXGRADING EASEMENT1' OVERBUILDBNDY /CITY LIMITS20'3:1 SECTION DNTSDAYLIGHTEX GROUNDSTORM WATER QUALITY BASIN25'± MAXGRADINGEASEMENT5'3:1 3:13:12.5%BNDY2' OVERBUILDSWQ BASINVARIES 23'± - 34'±
3:13:12.5%BNDY2' OVERBUILDSWQ BASIN40'± - 43'±BNDY2' OVERBUILD3:12.5%BNDY2' OVERBUILDSWQ BASIN3:1 3:13:1 2.5%BNDY /CITY LIMITSWQ BASIN21'± - 41'±SEE NOTE
EX GROUND
EX GROUND
EX GROUND
EX GROUND
EX GROUND
SECTION ENTS
SECTION GNTS
SECTION HNTS
SECTION INTS
SECTION JNTS
DAYLIGHT1' OVERBUILDBNDY2:1J-DITCHSEE DETAIL SHEET 62.5%SECTION KNTS SECTION LNTSDAYLIGHTEX GROUNDBNDY3:11' OVERBUILD
BNDY1' OVERBUILDEX GROUNDDAYLIGHT3:12.5%SECTION MNTS
DAYLIGHT1' OVERBUILDBNDY2:1J-DITCH SEE DETAIL SHEET 6SECTION NNTS
EX GROUND
EX GROUND
DAYLIGHT1' OVERBUILDBNDY2:1SECTION ONTSEX GROUND
3:13:1SUPER PADSWQ BASIN VARIES3' OVERBUILD30' MAXSECTION TNTS2:16'5%30' MAX2:15%6'2:130' MAX2.5%3:13:12' BERMSWQ BASINSWQ BASINPLSECTION FNTS VARIES10'± -47'±
SWQ BASIN
RESIDENTIAL4'4'NATIVE GROUNDWITH HYDROSEEDCOMPACTEDGRAVELCONCRETE V-DITCHPER CITY STD. CD-418
INDUSTRIAL
INDUSTRIAL
BNDY /CITY LIMITS
48' SEE NOTE 148'±MIN - 57'± MAX5'± MIN21'± MAXCITYLIMIT 48' SEE NOTE 1CITYLIMIT51'± MIN - 58'± MAX5'± -12'±
51'± MAX/MIN
31'±
3'± - 25'±64'± MIN- 81'± MAX
GC / CO19'± - 48'±
INDUSTRIAL
50'±GC/CO
11'± - 68'±
RESIDENTIALSUPER PAD3'± - 65'±
3'± - 40'±
2:1
2:1
2:1
2:1
PAD
PAD
PAD
PADPARK
BNDY
BNDY
BNDY
BNDY
5'L/S8'S/W3'PSE1' OVERBUILD
5'L/S8'S/W3'1' OVERBUILD
1' OVERBUILD
EX GROUND
EX GROUND
EX GROUNDEX GROUND3:1
SECTION PNTS
SECTION QNTS
SECTION RNTS
SECTION SNTS
1' OVERBUILDDAYLIGHT
DAYLIGHT
CONFORM TO EX PAVEMENT
CONFORM TO EX PAVEMENT1'± - 24'±
20'
PARCEL 22'PL
INDUSTRIAL
56'FUTUREPUBLICSTREETRESIDENTIALPARCEL 12'ROWROW/APALINENOTE:1.DEDICATION OF ROW TO VALLEY LINK WILL BE MADEBY SEPARATE INSTRUMENT ONCE FINAL REQUIRED ROWIS DETERMINED.2.OWNER WOULD LIKE TO OBTAIN REMAINING PORTION OFCOLLIER CANYON ROAD FOR USE AS UTILITY CORRIDORAND STORM WATER QUALITY BASIN IF IT IS NOLONGER REQUIRED FOR ACCESS
RESIDENTIALSUPER PAD
1'± - 6'±
6'±15'± - 47'±
10' EX CALTRANS/SPRINT UTILITY ESMT10' SDE
CONCRETE V-DITCHPER CITY STD. CD-418
20'12'ACCESSROADPLFENCE4'4'
1' OVERBUILDNOTE:1.DEDICATION OF ROW TO VALLEY LINK WILL BE MADEBY SEPARATE INSTRUMENT ONCE FINAL REQUIRED ROWIS DETERMINED.2.OWNER WOULD LIKE TO OBTAIN REMAINING PORTION OFCOLLIER CANYON ROAD FOR USE AS UTILITY CORRIDORAND STORM WATER QUALITY BASIN IF IT IS NOLONGER REQUIRED FOR ACCESS NOTE: DEDICATION OF ROW TOVALLEY LINK WILL BE MADE BYSEPARATE INSTRUMENT ONCE FINALREQUIRED ROW IS DETERMINED. 223
2.5%2.5%3:13:152'SECTION YNTSVARIESVARIES
3:12.5%SWQ BASINSECTION XNTS
3:13:12' BERMSWQ BASINSWQ BASINBNDYSECTION UNTS
1' OVERBUILDBNDY
3:1SECTION VNTS2:12:13:118' SWQBASIN1' OVERBUILD30' MAX6'5%2.5%30' MAX
J-DITCHNTS
2:1 MAX2%2.5'1.5'3"4'FL6"6"2'4"MIN11111'1'6"X6"X10 GA MESH1%1% 27'± - 41'± SWQ BASIN3:110'PSE3:116'SIDEWALK8'L/S90'8'L/S8'S/W10'PSE 2.5%EX GROUND2.5%130' SECTION WNTS12' CLASS 1 TRAILWITH 2' SHOULDERSROW ROWINDUSTRIAL35'± - 42'±
FUTURE ENTRANCE ROAD
20' SUPER PAD56'FUTUREPUBLICSTREETRESIDENTIAL2'ROWROW/APALINEPL CONCRETE V-DITCHPER CITY STD. CD-418
2' OVERBUILD
224
PARCEL 3 PARCEL 1
PARCEL 4 103
PARCEL 2
405
406
PARCEL NN
427
PARCEL FF
425
408
464
458
PARCEL MM
407
459
465
429
PARCEL BB
430
428
PARCEL CC
426 423
424
462
460
461
401
463
PARCEL QQ
475546 488
489474
STRAW WATTLESTO BE PLACED ATEDGE OF PAVEMENTSILT FENCING TO BEINSTALLED ATTOP OF SLOPE,BOTTOM OF SLOPEAND EVERY 10' VERTICALLY SILT FENCING TO BEINSTALLED ATTOP OF SLOPE,BOTTOM OF SLOPEAND EVERY 10' VERTICALLY
CONSTRUCTIONENTRANCECONSTRUCTIONENTRANCE
CONSTRUCTIONENTRANCESILT FENCING TO BEINSTALLED ATTOP OF SLOPE,BOTTOM OF SLOPEAND EVERY 10' VERTICALLYSILT FENCING TO BEINSTALLED ATTOP OF SLOPE,BOTTOM OF SLOPEAND EVERY 10' VERTICALLY SILT FENCING TO BEINSTALLED ATTOP OF SLOPE,BOTTOM OF SLOPEAND EVERY 10' VERTICALLYSILT FENCING TO BEINSTALLED ATTOP OF SLOPE,BOTTOM OF SLOPEAND EVERY 10' VERTICALLY
SWQ BASINS TO BE USEDAS TEMPORARY SEDIMENTBASINS (SEE DETAIL BELOW) SWQ BASIN TO BE USEDAS TEMPORARY SEDIMENTBASIN (SEE DETAIL BELOW)SWQ BASIN TO BE USEDAS TEMPORARY SEDIMENTBASIN (SEE DETAIL BELOW)SILT FENCING TO BEINSTALLED ATTOP OF SLOPE,BOTTOM OF SLOPEAND EVERY 10' VERTICALLYSWQ BASIN TO BE USEDAS TEMPORARY SEDIMENTBASIN (SEE DETAIL BELOW)
LEGENDSTRAW WATTLESHYDROSEED (APPROXIMATE LIMITS)GRAVEL CONSTRUCTION ENTRANCECATCH BASIN SEDIMENT BARRIERPERIMETER SILT FENCE WATERFERTILIZER (20-20-10)R BINDERWOOD FIBER MULCHSEEDMATERIALTOTALSEED VARIETYLBS. PER ACREROSE CLOVER8CAL POPPY4BLUE LUPINE675LBS/AC. (SLOPE MEASURE.)2,000 LBS75 LBS60 LBS400 LBSAS NEEDED FOR APPLICATION PRELIMINARY HYDROSEED MIX:REGREEN36ZORRO6BLANDO15THE EROSION CONTROL MATERIALS SHALL BE MIXED AND APPLIED IN APPROXIMATELY THEFOLLOWING PROPORTIONS:
DEPTH3"-4"SPACING3' -4'
3"-4"SPACING3' -4'DEPTH8'-10' DIA.BIO-DEGRADE FIBERSSTUFFED IN A BIO-DEGRADABLE (NON-PLASTIC)CALIFORNIA STRAW WORKSOPEN NET NOTES:
DRAINAGE DIRECTION
225
PARCEL 3 PARCEL 1
PARCEL 4 103
PARCEL 2
DMA 3DMA 2DMA 1
SWQ 3
SWQ 2SWQ 1STORM DRAIN OUTFALL TO SWQ 3 ATBOTTOM OF SLOPE FROM STORM DRAINSYSTEM IN PARKING LOT ABOVE STORM DRAIN OUTFALL TO SWQ 2 ATBOTTOM OF SLOPE FROM STORM DRAINSYSTEM IN PARKING LOT ABOVEOVERFLOW RISER TAKES DRAINAGE TO SDO SYSTEMOVERFLOW RISER TAKES DRAINAGE TO SDO SYSTEM STORM DRAIN OUTFALL TO SWQ 2 ATBOTTOM OF SLOPE FROM STORM DRAINSYSTEM IN PARKING LOT ABOVECHECK DAM AND SPILLWAY (TYP)OVERFLOW RISER TAKES DRAINAGE TO SDO SYSTEMSWQ 1 DRAINAGE FROM RESIDENTIAL SITE ENTERS SWQ1 THROUGH STORM DRAIN OUTFALLS AT BOTTOMOF SLOPE FROM STORM DRAIN SYSTEM INPUBLIC STREETS ABOVE
SDODUBLIN BLVD
COLLIER CANYON ROADINTERSTATE 580
TREATED RUNOFF DISCHARGES TOCITY SD SYSTEM IN DUBLIN BLVD SWQ 2
4" PVC PERFORATEDSUBDRAINCLASS 2 PERMEABLE MATERIALOVERFLOW RISERTYPICAL BIO-RETENTION BASIN SECTIONNTS 3:1 MAX3:1 MAXNATIVE SOILBIOTREATMENT SOIL MIX WITHINFILTRATION RATEOF 5 IN/HR MINSWQ 1 - OVERFLOW RISER DETAILNTSBIORETENTION CELL3:1BIORETENTION CELL3:1SD PIPERIP RAP APRONNATIVE MATERIALDRAINGRATENOTES:1.THE CALCULATIONS SHOWN IN TABLE HEREON ARE BASED ON ALAMEDA COUNTY CLEAN WATER PROGRAM, C.3STORMWATER TECHNICAL GUIDANCE SEPTEMBER 2019.2.RAINFALL INTENSITY = 0.2 IN/HR3.BIORETENTION SOIL MIX TO HAVE A MINIMUM 5 IN/HR INFILTRATION RATE4.THE PRELIMINARY BASIN SIZING IS BASED ON A SIZING CRITERIA OF (0.2 IN/HR)/(5 IN/HR)=0.04 (4%)5.EACH SITE WILL COMPLY WITH THE C.10 TRASH CAPTURE PROVISION OF THE MMRP.6.MAINTENANCE ACCESS TO BIORETENTION BASINS WILL BE FROM ADJACENT STREETS DOWN 3:1 SIDE SLOPES.IF FENCES ARE PROVIDED AROUND BIORETENTION BASINS, GATES OR GAPS WILL NEED TO BE PROVIDED.7.DUBLIN BLVD TO PROVIDE TREATMENT FOR ITSELF WITHIN THE PROPOSED ROW.8.THE IMPERVIOUS AREA NOTED ABOVE IS ESTIMATED FOR FUTURE USES TO SIZE THE BASINS. NO IMPERVIOUSAREA IS PROPOSED WITH THIS APPLICATION.
DRAINAGE MANAGEMENT AREASTORMWATER QUALITY BASINLIMITS OF DRAINAGE MANAGEMENT AREASSTORM DRAIN OPEN SPACE (SDO)CONVEYS: HIGH FLOW BYPASS FOR DEVELOPED FLOWS AND TREATED BIORETENTION BASIN OUTFLOWSDMASWQ DMAIMPERVIOUSRATIOIMPERVIOUSAREA (SF)TOTAL AREA(SF)TREATMENTAREAREQUIRED (SF)TREATMENT AREAPROVIDED (SF)10.65297,083457,05011,88312,23820.8498,750623,43719,95020,02330.8263,082328,85310,52310,713
FOR REFERENCE ONLY
226
PARCEL 3 PARCEL 1
PARCEL 4 103
PARCEL 2
FUTURE VESTING TENTATIVE MAPOF RESIDENTIAL PARCEL TODETAIL FIRE ACCESS,MAINTENANCE BENCHES,WILDFIRE BUFFER LOTSAND FIRE HYDRANT LOCATIONS 427
425
428
426
462
460
461
463
PARCEL QQ
546
545
544
CITY OF DUBLINLIMITS
FUTURE ACCESS FOR RESIDENTIAL PARCEL
LEGEND:FIRE DEPARTMENT ACCESS ROUTECITY LIMITSFIRE HYDRANTNOTES:1. SITE PLAN SHOWN IS CONCEPTUAL AND SUBJECT TO CHANGEWITH APPROVAL OF A SITE DEVELOPMENT REVIEW PACKAGE.APPLICATION SHOWS SITE PLAN FOR REFERENCE ONLY. NOIMPERVIOUS AREA IS PROPOSED WITH THIS APPLICATION. 227
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3 Attachment 6
ORDINANCE NO. xx - 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BEX
DEVELOPMENT RELATED TO THE BRANAUGH PROPERTY PROJECT
(PLPA-2021-00014)
(APN 905-0001-004-04)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Branaugh Property is located in the Fallon Village Project area. Through Ordinance No. 32-05, the City Council adopted a Stage 1 PD-Planned Development Rezone Amendment for the Fallon Village Project Area which, among other approvals, established the maximum number of residential units at 3,108 units for the Fallon Village Project Area.
B. The Applicant, Randy Branaugh, is requesting approval of a Planned Development Zoning Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The proposed Project would allow up to 97 residential units and 527,773 square feet of industrial uses. Requested land use approvals include a Planned Development Zoning Stage 2 Development Plan, amendments to the Stage 1 Development Plan, Vesting Tentative Parcel Map No. 9306, and a Development Agreement among other related actions. These planning and implementing actions are collectively known as the “Branaugh Property Project” or the “Project.”
C. The 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin, north of Interstate 580 and immediately adjacent to the City limit and urban limit line.
D. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Addendum for the Project, which reflected the City’s independent judgment and analysis of the potential environmental impacts of the Project. Prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs.” E. The proposed Development Agreement is attached to this Resolution as Exhibit A.
F. The Planning Commission held a public hearing on the proposed Development Agreement on February 14, 2023, for which public notice was given by law.
G. The Planning Commission recommended that the City Council approve the Branaugh Property Project including the Development Agreement by Resolution No. 23-01.
H. A public hearing on the proposed Development Agreement was held before the City Council on March 7, 2023 for which public notice was given as provided by law. 228
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3 I. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission’s reasons for its recommendation, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing.
SECTION 2: FINDINGS AND DETERMINATIONS
Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan; (c) the Eastern Dublin Specific Plan, (d) the EDSP EIRs and Addendum prepared for the Project; (e) the Staff Report; (f) information in the entire record of proceeding for the Project, and on the basis of the specific conclusions set forth below, the City Council finds and determines that:
A. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City’s General Plan, and in the Eastern Dublin Specific Plan in that: (a) the Development Agreement incorporates the objectives policies, general land uses and programs in the General Plan and Specific Plan and does not amend or modify them; and (b) the Project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services.
B. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located because the Development Agreement does not amend the uses or regulations in the applicable land use district.
C. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer’s Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan.
D. The Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer’s proposed Project will proceed in accordance with all the programs and policies of the General Plan, Eastern Dublin Specific Plan, and future Project Approvals and any Conditions of Approval.
E. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan, the Eastern Dublin Specific Plan, and future project approvals.
F. The Development Agreement specifies the duration of the agreement, the permitted uses of the property, and the obligations of the Applicant. The Development Agreement contains an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process, including all legal fees and costs.
SECTION 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the City Manager to execute it.
229
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3 SECTION 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation.
SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of ______, 2023 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Mayor
ATTEST:
________________________________
City Clerk
230
RECORDING REQUESTED BY:
CIT
Y OF DUBLIN
WHEN RECORDED MAIL TO:
Ci
ty Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorderʼs use
D
EVELOPMENT AGREEMENT
B
ETWEEN THE
C
ITY OF DUBLIN
A
ND
B
EX DEVELOPMENT, LLC
F
OR THE BRANAUGH PROJECT
Attachment 7
231
2 THIS DEVELOPMENT AGREEMENT (this “Agreement” or this
“Development Agreement”) is made and entered into for reference purposes on this day of , 2023, by and between the City of Dublin, a Municipal Corporation (hereafter “City”), and Bex Development, LLC, a California Limited Liability Company (hereafter “Developer”) pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter
8.56. City and Developer are, from time-to-time, individually referred to in this Agreement as a “Party,” and are collectively referred to as “Parties.”
RECITALS
A. California Government Code §§ 65864 et seq. (“Development Agreement Statute”) and Chapter 8.56 of the Dublin Municipal Code (hereafter “Chapter 8.56”) authorize the City to enter into a Development Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property.
B. Developer owns certain real property (the “Property”) consisting of approximately 40 acres of land, as more particularly described in Exhibit A, Legal Description of Property, attached hereto and incorporated herein by reference.
C. Developer has applied for, and City has approved, various land use approvals in connection with a project consisting of up to 97 residential units and up to 527,773 square feet of industrial development (the “Project”), including, without limitation, an amendment to Planned Development Zoning Ordinance No. 32.-05 Stage 1 Development Plan (Ord. No. ___ adopted on ______, 2023), a Stage 2 Planned Development Rezoning and Development Plan for the Branaugh Project (Ord. No. ___ adopted by the City Council on ______, 2023), Vesting Tentative Parcel Map 9306 for the Branaugh Project (Resolution No. ___ adopted on ______, 2023), and this Agreement (approved by the DA Approving Ordinance (defined below)) (collectively the “Project Approvals”).
D. City desires the timely, efficient, orderly and proper development of the Project.
E. The City, in collaboration with the City of Livermore, is the lead agency that desires to construct a project generally described as the roadway extension of Dublin Boulevard from Fallon Road to the Dublin city limits, continuing easterly through unincorporated Alameda County and connecting to North Canyons Parkway within the City of Livermore, commonly referred to as 232
3 the proposed Dublin Boulevard – North Canyons Parkway Extension Project ("Dublin Boulevard Extension”). On September 3, 2019, the City Council adopted Ordinance No. 10-19 to establish Right-of-Way Lines for Dublin Boulevard between Fallon Road and the Eastern City Limit (“Precise Plan”).
F. The Valley Link Rail project (“Valley Link Project”) is a new 47-mile, 7-station passenger rail project that establishes rail connectivity between the Bay Area Rapid Transit (BART) system at the existing Dublin/Pleasanton BART Station in Alameda County to the approved Altamont Corridor Express (ACE) North Lathrop Station in San Joaquin County. The proposed project will impact existing transportation corridors, including the existing Interstate 580 (“I-580”) corridor in the City. The Valley Link Project proposes relocation of Collier Canyon Road to accommodate the passenger rail line. The addition of a new rail system would require widening of I-580 right-of-way to the north and respective relocation of Collier Canyon Road (the “Collier Canyon Roadway Relocation”).
G. City and Developer have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein.
H. The development of the Property and the Project has been evaluated in three environmental impact reports certified by the City: (1) Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report, State Clearinghouse No. 91103064; (2) East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (State Clearinghouse No. 2001052114); and (3) Fallon Village Project Draft Supplemental Environmental Impact Report (State Clearinghouse Number 2005062010) (collectively, “Prior EIRs”). The Prior EIRs specifically addressed the General Plan, Specific Plan and Stage 1 Planned Development Zoning and Development Plan for the Project. An Initial Study was prepared for the amendment to Planned Development Zoning Ordinance No.
32.-05 Stage 1 Development Plan, Stage 2 Planned Development Rezoning and Development Plan, a Vesting Tentative Parcel Map 9306, and this Development Agreement to determine whether these approvals will result in any new or substantially more severe significant environmental impacts than those analyzed in these prior EIRs or any other standard requiring further environmental review under CEQA are met (Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163). The Initial Study determined that these approvals did not trigger any of the CEQA standards requiring further environmental review. An Addendum was prepared for these approvals explaining the basis for finding no further review is required under CEQA pursuant to CEQA Guidelines section 15164(e). The City Council considered and 233
4 approved the findings in the Addendum (Reso. No. ___ adopted on ______, 2023) prior to approving the amendment to Planned Development Zoning Ordinance No. 32.-05 Stage 1 Development Plan, Stage 2 Planned Development Rezoning and Development Plan, a Vesting Tentative Parcel Map 9306, and this Development Agreement.
I. City has given the required notice of its intention to adopt this Development Agreement and has conducted public hearings thereon pursuant to Government Code Section 65867 and Chapter 8.56. As required by Government Code Section 65867.5, City has found that the provisions of this Development Agreement and its purposes are consistent with the goals, policies, standards and land use designations specified in Cityʼs General Plan.
J. On ____________________, 2023, the City of Dublin Planning Commission, the initial hearing body for purposes of development agreement review, recommended approval of this Development Agreement pursuant to Resolution No. ___.
K. On ____________________, 2023, the City Council of the City of Dublin adopted Ordinance No. ___ approving this Development Agreement (the “DA Approving Ordinance”). The DA Approving Ordinance took effect on ___, 2023.
NOW , THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows:
AGREEMENT
1. Description of Property. The Property that is the subject of this Agreement is described in Exhibit A.
2. Interest of Developer . Developer has a legal interest in the Property in that it is the owner of the Property.
3. Relationship of City and Developer . It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that neither City nor Developer is an agent of the other. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein 234
5 or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term
4.1 Eff ective Date. The effective date of this Agreement (“Effective Date”) is the date upon which the DA Approving Ordinance takes effect.
4.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for 10 (ten) years thereafter, unless said term is otherwise extended or terminated as provided in this Agreement (as so extended or terminated, the “Term”). In the event that any third-party lawsuit is filed challenging the Cityʼs issuance of the Project Approvals or its compliance with CEQA, the Term of this Agreement shall be automatically extended for a duration equal to the time from the filing of such lawsuit to the entry of a final order dismissing or otherwise finally terminating such lawsuit, which duration shall include any appeals (“Litigation Extension”). If required by one of the parties, the other party shall enter into a Clarification pursuant to Section 9.4 b
elow memorializing the length of such Litigation Extension. This Agreement shall terminate with respect to any for sale residential lot and such lot shall be released and no longer subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on such lot.
4.3 O
ptional Extension. Prior to the expiration of the Term of this Development Agreement, as provided in Section 4.2, Developer may extend the Term of the Development Agreement. To do so, Developer shall give City written notice at least 90 days prior to the termination date of the Development Agreement. At the time Developer provides such notice, Developer shall make a payment to City in the amount of $250,000 (adjusted for inflation from the Effective Date using the CPI-U, San Francisco-Oakland-San Jose Area) for each year of extension requested under this provision. Upon receipt of the notice and the contribution, the City Manager shall approve the extension and shall notify the Developer in writing that the Term of the Development Agreement has been automatically extended for an additional time period equal to the time period requested by Developer under this provision, commencing on the date the Development Agreement would otherwise have terminated; provided Developer may exercise its option to extend the Development Agreement no more than five times, for a maximum total Term of the Development Agreement of fifteen years (plus any extensions pursuant to Sections 4.2 or 4.3 hereof). Provided there is an extension period remaining, Developer may request the extension for multiple 235
6 years and provide the payment due for each yearʼs extension. Each extension shall apply to the entire Property upon payment of one $250,000 (as adjusted in accordance with this Section 4.3) per year extension payment, even if the Property is owned by multiple Developers at that time.
4.4 Term of Project Approvals. The term of any Project Approvals (as defined in Recital C) for the Property or any portion thereof, specifically including without limitation the Vesting Tentative Parcel Map 9306, shall be extended automatically for the Term of this Agreement.
4.4.1 T
ermination of Agreement . In the event that this
Agreement is terminated prior to the expiration of the Term, the term of any Project Approval and the vesting period for any final subdivision map approved as a Project Approval shall be the term otherwise applicable to the approval.
5. Vested Rights/Use of the Property/Applicable Law/Processing
5.1 Right to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of (i) this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement, and (ii) the Cityʼs ordinances, codes, resolutions, rules, regulations and official policies governing the development, construction, subdivision, occupancy and use of the Project and the Property including, without limitation, the General Plan, the Dublin Municipal Code, and the Specific Plan, the permitted uses of the Property, density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings, and the provisions for reservation or dedication of land for public purposes that are in force and effect on the Effective Date of this Agreement (collectively, “Applicable Law”). In exercising its discretion when acting upon subsequent project approvals, City shall apply the Applicable Law as the controlling body of law (within which Applicable Law such discretion shall be exercised).
Notwithstanding the foregoing or anything to the contrary herein, any amendment to the Project Approvals shall not become part of the law Developer is vested into under this Agreement unless an additional amendment of this Agreement is entered into between Developer and City in accordance with this Agreement. In the event that such amendments to the Project Approvals are sought for any distinct portion of the Property or Project, such amendments shall not require amendment of this Agreement with respect to any other portion of the Property or Project, except to the extent set forth in such amendment.
236
7 5.2 Fees, Exactions, Dedications. The City shall not apply to the Project any development impact fee or any application, processing or inspection fee (collectively, “Fees”) that the City first enacts after the Effective Date. Except as otherwise set forth in this Agreement, City and Developer agree that this Agreement does not limit the Cityʼs discretion to impose or require (a) payment of any fees in connection with the issuance of any subsequent project approvals as necessary for purposes of mitigating environmental and other impacts of the Project, (b) dedication of any land, or (c) construction of any public improvement or facilities (collectively “Exactions”). Except as specifically provided herein, nothing in this Agreement shall limit the Cityʼs ability to impose existing development impact Fees at rates that are increased beyond the amounts in effect on the Effective Date or limit Developerʼs ability to challenge any such increases under state or local law.
5.3 Co
nstruction Codes . Notwithstanding the provisions of
Section 5.1 above, to the extent Applicable Law includes requirements under the state or locally adopted building, plumbing, mechanical, electrical and fire codes (collectively the “Codes”), the Codes included shall be those in force and effect at the time Developer submits its application for the relevant building, grading, or other construction permits to City. In the event of a conflict between such Codes and the Project Approvals, the Project Approvals shall, to the maximum extent allowed by law, prevail. For construction of public infrastructure, the Codes applicable to such construction shall be those in force and effect at the time of execution of an improvement agreement between City and Developer pursuant to Chapter 9.16 of the Dublin Municipal Code.
5.4 N
ew Rules an d Regulations. During the Term of this
Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the Effective Date only to the extent they are not in conflict with the vested rights granted by the Applicable Law, the Project Approvals or this Agreement. In addition to any other conflicts that may occur, each of the following new or modified ordinances, resolutions, rules, regulations or official policies shall be considered a per se conflict with the Applicable Law:
5.4.1 Any application or requirement of such new or
modified ordinances, resolutions, rules, regulations or official policies that would (i) cause or impose a substantial financial burden on, or materially delay development of the Property as otherwise contemplated by this Agreement or the Project Approvals, (ii) frustrate in a more than insignificant way the intent or purpose of the Project Approvals or preclude compliance therewith including, 237
8 without limitation, by preventing or imposing limits or controls in the rate, timing, phasing or sequencing of development of the Project; (iii) prevent or limit the processing or procuring of subsequent project approvals; or (iv) reduce the density or intensity of use of the Property as a whole, or otherwise requiring any reduction in the square footage of, or total number of, proposed buildings, structures and other improvements, in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement and the Project Approvals; and/or
5.4.2 If any of such ordinances, resolutions, rules,
regulations or official policies do not have general (City-wide) applicability.
5.5 Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, if a City ordinance, resolution, policy, directive, or other measure is enacted or becomes effective, whether by action of the City or by initiative, and if it imposes a building moratorium which affects all or any part of the Project, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code section 8558, provided that to the extent a moratorium applies to all or any part of the Project then the Term shall automatically be extended for a period of time equal to the period of the moratorium.
5.6 Revised Application Fees. Notwithstanding section 5.2, any existing application, processing and inspection fees that are revised during the Term of this Agreement shall apply to the Project provided that (1) such fees have general applicability and are consistent with State law limitations that processing fees not exceed the estimated reasonable cost of providing the service for which they are charged; (2) the application of such fees to the Property is prospective; and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. By so agreeing, Developer does not waive its rights to challenge the legality of any such application, processing and/or inspection fees.
5.7 N
ew Taxes . This Agreement shall not prohibit the application of any subsequently enacted city-wide taxes to the Project provided that (1) the application of such taxes to the Property is prospective, and (2) the application of such taxes would not prevent development in accordance with this Agreement.
By so agreeing, Developer does not waive its rights to challenge the legality of 238
9 any such taxes, facially or as applied to its Project or Property, or to claim exemption from any taxes to the extent allowed by law.
5.8 Development of the Project; Phasing, Timing. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such partiesʼ agreement, it is the Partiesʼ intent to cure that deficiency by acknowledging and providing that this Agreement contains no requirements that Developer must initiate or complete any action, including without limitation, development of the Project within any period of time set by City. Nothing in this Agreement is intended to create nor shall it be construed to create any affirmative development obligations to develop the Project, or liability in Developer under this Agreement if the development fails to occur. It is the intention of this provision that Developer be able to develop the Property in accordance with its own time schedules and the Project Approvals.
5.9 Pro
cessing . Nothing in this Agreement shall be construed to limit the authority or obligation of City to hold necessary public hearings, nor to limit the discretion of City or any of its officers or officials with regard to subsequent project approvals that require the exercise of discretion by City, provided that such discretion shall be exercised consistent with the vested rights granted by this Agreement, the Applicable Law and the Project Approvals.
6. Property Grading.
6.1 Phasing. For mutual benefit, the Parties desire a mass grading of the Property prior to the Dublin Boulevard Extension through the Property.
Pursuant to Dublin Municipal Code Section 7.16.170(B), when the intended use of a site requires approval of a discretionary zoning permit, a grading permit shall not be issued until said approval. The Parties agree that the intended use, exclusively for purposes of Dublin Municipal Code Section 7.16.170(B) and this Section, shall mean the Dublin Boulevard Extension. In accordance with this Section, Developer may apply for, and City may issue a grading permit, notwithstanding approval of a discretionary zoning permit for the intended use of the remainder of the Project site.
6.2 Sl
ope Easement . The Project Approvals require Developer to dedicate a Slope Easement (“SE”) for that portion of the Property adjacent to the future Dublin Boulevard frontage, if mass grading has not commenced per the 239
10 preliminary grading plan as shown on the Vesting Tentative Parcel Map 9306.
Developer shall cooperate in good faith with the City Engineer on the extent of the SE dedication necessary to accommodate the Dublin Boulevard Extension.
The SE shall be dedicated by separate instrument, in a form satisfactory to the City Engineer and City Attorney, prior to the first final or parcel map filed by Developer within the three-year period referenced in Section 8.1. If a final or parcel map is not filed by Developer within the three-year period, the SE shall be dedicated in conjunction with the Dublin Boulevard Extension right-of-way dedication described in Section 8.1.
7. Affordable Housing.
7.1 Units Required by Regulations. Developer proposes up to 97 residential units on the Property. Pursuant to the Cityʼs Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal Code) (the “Regulations”), developers of more than 20 residential units are required to set aside 12.5% of the total number of units in the project as affordable units as specified.
7.2 A lternative Compliance Authorized. Under the Regulations, certain exceptions permit developers to satisfy the obligation other than through on-site construction. For instance, part of this obligation can be satisfied through the payment of a fee in-lieu of construction of units. In addition, developers can satisfy their affordable housing obligations by, among other mechanisms, obtaining City Council approval of an alternative method of compliance that the City Council finds meet the purposes of the Regulations.
7.3 S
atisfaction of City Requirements . Developer shall satisfy its affordable housing obligation through compliance with the Regulations.
8. Right-of-Way Dedications.
8.1 Dublin Boulevard Extension. The Project Approvals require Developer to dedicate a portion of the Property to the City in fee as right-of-way for the Dublin Boulevard Extension, in general conformance with the adopted Precise Plan, the most current design plans on file with the office of the City Engineer at the time of dedication, and the Vesting Tentative Parcel Map 9306.
Such dedication shall occur no later than three (3) years from the approval date of the Vesting Tentative Parcel Map 9306. The dedicated right-of-way shall be shown on the first final or parcel map filed within three-years of the approval date of Vesting Tentative Map 9306. If a final or parcel map is not filed within the three-year period, the right-of-way shall be dedicated by a separate deed instrument, in a form satisfactory to the City Engineer and City Attorney. The 240
11 City shall provide Eastern Dublin Transportation Impact Fee (EDTIF) credits for the dedicated right-of-way with the amount of the credits to be determined by the EDTIF Guidelines.
8.2 Collier Canyon Road Realignment. The Project Approvals require Developer to dedicate, or make an irrevocable offer of dedication for, that portion of the Property to the City in fee as right-of-way necessary for the Collier Canyon Road Realignment, in general conformance with the Vesting Tentative Parcel Map 9306, and the most current design plans on file with the office of the City Engineer at the time of dedication. The dedicated right-of-way shall be shown on the first final or parcel map filed. Alternatively, subject to City Engineer approval, the right-of-way may be dedicated by an easement deed for public roadway purposes, in a form satisfactory to the City Engineer and City Attorney. Any such easement deed shall prohibit construction of any permanent improvements and structures, as determined by the City Engineer, within the future right-of-way.
9. Community Facilities District - Mitigation of Dublin Boulevard Extension Permanent Indirect Impacts.
9.1 Mitigation of Permanent Indirect Impacts. Construction of the Dublin Boulevard Extension will impact potential habitat for several special- status species, including California tiger salamander and California red-legged frog. The U.S. Fish and Wildlife Service Biological Opinion 1 issues for the Dublin Boulevard Extension project and the mitigation measures of the Dublin Boulevard Extension projectʼs Environmental Impact Report, require the City to provide compensatory mitigation for impacts to these speciesʼ habitat. To satisfy the compensatory mitigation requirements, the City proposes to provide project- specific mitigation in the form of in-perpetuity preservation, enhancement, and management of suitable habitat for these species. The impacts are categorized into permanent direct impacts, permanent indirect impacts, and temporary impacts. The permanent indirect impacts are identical to the Projectʼs potential permanent direct impacts resulting from the Projectʼs construction. The permanent indirect impacts on the Property is approximately 1.34 acres, which may require a compensatory mitigation at a ratio of 3 to 1, for approximately
4.02 acres.
9.2 C
ommunity Facilities District . Developer agrees to cooperate in the formation of, or annexation into, a community facilities district or districts established pursuant to the Mello-Roos Community Facilities District Act of 1982 (Gov. Code §§ 53311–53368.3) (the “Mello-Roos Act”) including 241
12 approval of the Rate, Method of Apportionment and Manner of Collection of Special Tax ("RMA") for the purpose of financing the Cityʼs acquisition of facilities required for the off-site mitigation of the Dublin Boulevard Extensionʼs permanent indirect impacts (described in Section 9.1). Developer and City agree that the boundaries of the district(s) will include all of the Property as more particularly described in Exhibit A, and that Developer will not contest and will, for and on behalf of all of the Property, vote in favor of formation of or annexation into the district(s) prior to filing the first final map. Developer shall pay its fair share of administrative costs incurred by the City associated with the formation of and/or annexation into the district(s), as determined by the City Engineer.
9.3 Alternative Mitigation. Notwithstanding the foregoing, City agrees that Developer may pursue alternatives to mitigate the impacts described in Section 9.1. If Developer directly acquires mitigation land or credits, fully satisfying the mitigation required by Section 9.1, Developer shall be exempt from compliance with Section 9.2. The City Engineer shall determine, in their sole discretion, whether Developerʼs alternative method fully satisfies Developerʼs mitigation requirements as set forth in Section 9.1.
10. Community Facilities District – Service and Maintenance of Project Facilities and Improvements.
10.1 Community Facilities District. Developer agrees to cooperate in the formation of, or annexation into, a community facilities district or districts established pursuant to the Mello-Roos Community Facilities District Act of 1982 (Gov. Code §§ 53311–53368.3) (the “Mello-Roos Act”) including approval of the Rate, Method of Apportionment and Manner of Collection of Special Tax ("RMA") for the purpose of financing the services and maintenance of certain public facilities/improvements constructed by the Developer.
Developer agrees that the boundaries of the district(s) will include all of the Property, and that Developer will not contest and will, for and on behalf of all of the Property, vote in favor of formation of or annexation into the district(s) prior to filing the first final map. Developer shall pay its fair share of administrative costs incurred by the City associated with the formation of and/or annexation into the district(s), as determined by the City Engineer.
10.2 A
lternative Method of Compliance . Notwithstanding the
foregoing, City agrees that Developer may alternatively establish a maintenance fund, in an amount to be determined by the City Engineer, that compensates for all future maintenance of all public streets (including storm drain systems, street 242
13 lights, and other street appurtenances) within Parcels 1 and 2 (future residential tract), as shown on the Vesting Tentative Parcel Map 9306, for a period of twenty (20) years after Cityʼs acceptance of improvements. If Developer complies with this Section 10.2 prior to filing the first final map, Developer shall be exempt from compliance with Section 10.1.
11. Eastern Dublin Transportation Impact Fee Credits. Developer shall not use or apply any EDTIF credits that it purchased or transferred from any other credit-holder to satisfy Developerʼs obligations set forth herein.
12. General Plan Amendments. City acknowledges that Developer intends to apply for a General Plan amendment to accommodate the following changes, which shall be subject to the City Councilʼs sole discretion to approve or deny, following review and recommendation by the Planning Commission in accordance with Government Code Section 65350 et seq. and environmental review to the extent required by the California Environmental Quality Act:
12.1 Increase the Industrial Park designationʼs maximum Floor Area Ratio to 0.50; and/or
12.2 Change certain Property land use designations from Industrial Park to General Commercial/Campus Office.
13. Amendment or Cancellation.
13.1 Modification Because of Conflict with State or Federal Laws.
The Project and Property shall be subject to state and federal laws and regulations and this Agreement does not create any vested right in state and federal laws and regulations in effect on the Effective Date. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be subject to approval by the City Council (in accordance with Chapter 8.56). Each Party agrees to extend to the other its prompt and reasonable cooperation in so modifying this Agreement or approved plans.
13.2 A
mendment of Development Agreement by Mutual Consent .
This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of the 243
14 Development Agreement Statute and Chapter 8.56. Review and approval of an amendment to this Development Agreement shall be strictly limited to consideration of only those provisions to be added or modified. No amendment, modification, waiver or change to this Development Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing that expressly refers to this Development Agreement and signed by the duly authorized representatives of both Parties.
13.2.1 Partial Amendment. When a Party seeking such an amendment owns or has an equitable right to only a portion of the whole of the Property (“Portion”), then such Party may only seek amendment of this Agreement as directly relates to the Portion, and the Party owning any other Portion shall not be required or entitled to be a signatory or to consent to an amendment that affects only another Party's Portion.
13.3 A
mendments . Any amendments to this Agreement which
relate to (a) the Term; (b) the permitted uses of the Property as provided in paragraph 5.1; (c) provisions for “significant” reservation or dedication of land; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) an increase in the density or intensity of use of the overall Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by Developer as provided in this Agreement, shall be deemed an “Amendment” and shall require notice or public hearing before the Planning Commission and the City Council before the Parties may execute an amendment hereto. The Cityʼs Public Works Director shall determine whether a reservation or dedication is “significant” in the context of the overall Project.
13.4 C larifications . If and when, from time to time, during the Term of this Agreement, City and Developer agree refinements and clarifications are necessary or appropriate with respect to the details of performance of City and Developer hereunder, City and Developer shall effectuate such clarifications through letter agreements (each, a “Clarification”) approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such Clarification shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager or his or her designee shall have the authority to determine on behalf of City whether a requested clarification is of such a character to constitute an Amendment subject to Section 9.3 above or a Clarification subject to this Section 9.4. The City Manager shall have the 244
15 authority to review, approve, and execute Clarifications to this Agreement provided that such Clarifications are not Amendments.
13.5 Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of the Development Agreement Statute and Chapter
8.56. Any fees paid pursuant to this Agreement prior to the date of cancellation shall be retained by the City.
14. Annual Review.
14.1 Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2023, and thereafter between each July 15 and August 15 during the Term. Review shall be conducted in accordance with Section 8.56.140 of Chapter 8.56 and the provisions of this Section 11.
14.2 I nitiation of Review . The Cityʼs Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty daysʼ prior written notice that the City intends to undertake such review. Not less than thirty days after receipt of the notice, Developer shall provide evidence to the Director, as reasonably determined necessary by the Director, to demonstrate good faith compliance with the material terms and provisions of the Agreement as to the whole or relevant portion of the Property owned by Developer. The burden of proof by substantial evidence of compliance is upon Developer.
14.3 S
taff Reports . To the extent practical, the City shall deposit in the mail to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five days prior to any public hearing addressing annual review.
14.4 Co sts . Costs reasonably incurred by the City in connection with the annual review shall be paid by Developer in accordance with the Cityʼs schedule of fees in effect at the time of review.
15. Default.
15.1 Remedies Available. Upon the occurrence of an event of default, the parties may pursue all remedies at law or in equity which are not otherwise provided for in this Agreement or in the Cityʼs regulations governing 245
16 development agreements, expressly including, but not limited to, the remedy of specific performance of this Agreement.
15.2 Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. Subject to a Mortgageeʼs right to cure pursuant to Section 13.3 hereof, if the default is not cured by the defaulting party within thirty days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty day period and diligently pursues such cure to completion.
Any notice of default given hereunder shall specify in detail the nature of the failures in performance that the noticing Party claims constitutes the event of default, all facts constituting substantial evidence of such failure, and the manner in which such failure may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the Party charged therewith shall not be considered to be in default for purposes of (a) termination of this Agreement, (b) institution of legal proceedings with respect thereto, or (c) issuance of any approval with respect to the Project. Failure to give notice shall not constitute a waiver of any default.
15.3 N
o Damages against City. Notwithstanding anything to the contrary contained herein, in no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement.
16. Estoppel Certificate. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying Party, the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such certificate within thirty days following the receipt thereof, or such longer period as may reasonably be agreed to by the Parties. The City Manager of the City shall be authorized to execute any certificate requested by Developer. Should the Party receiving the request not execute and return such certificate within the applicable period, this shall not be 246
17 deemed to be a default, provided that such Party shall be deemed to have certified that the statements in clauses (a) through (c) of this Section are true, and any Party may rely on such deemed certification. City acknowledges that a certificate hereunder may be relied upon by Transferees (as defined in Section
16.2) and Mortgagees (as defined in Section13.1).
17. Mortgagee Protection; Certain Rights of Cure.
17.1 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage (“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee (“Mortgagee”) who acquires title to the Property, or any portion thereof, by foreclosure, trusteeʼs sale, deed in lieu of foreclosure, or otherwise.
17.2 M
ortgagee Not Obligated. Notwithstanding the provisions of Section 13.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement.
17.3 N
otice of Default to Mortgagee and Exten sion of Right to Cure.
If the City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by the City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the Cityʼs notice. The City, through its City Manager, may extend the thirty-day cure period provided in paragraph 12.2 for not more than an additional sixty days upon request of Developer or a Mortgagee.
247
18 18. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal; provided that, if the unenforceability, invalidation, or illegality would deprive either City or Developer of material benefits derived from this Development Agreement, or make performance under this Development Agreement unreasonably difficult, then City and Developer shall meet and confer and shall make good faith efforts to amend or modify this Development Agreement in a manner that is mutually acceptable to City and Developer.
19. Attorneysʼ Fees and Costs.
19.1 P
revailing Party . If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs in addition to any other relief to which it may otherwise be entitled.
19.2 Third Party Challenge. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any the Project Approvals (including this Agreement), the Parties shall cooperate in defending such action. The Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under applicable law. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneysʼ fees expended by the City in defense of any such action or other proceeding
20. T
ransfers and Assignments.
20.1 A greement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned 248
19 property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties.
20.2 Right to Assign. Developer may wish to sell, transfer or assign all or portions of its Property to other developers (each such other developer is referred to as a “Transferee”). In connection with any such sale, transfer or assignment to a Transferee, Developer shall have the right to sell, transfer or assign to such Transferee any or all rights, interests and obligations of Developer arising hereunder and that pertain to the portion of the Property being sold or transferred, to such Transferee, provided, however, that: except as provided herein, no such transfer, sale or assignment of Developerʼs rights, interests and obligations hereunder shall occur without prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld, conditioned, or delayed.
20.3 A
pproval and Notice of Sale, Transfer or Assignment . The City Manager shall consider and decide on any transfer, sale or assignment of this Agreement within ten days after Developerʼs notice, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee can perform Developerʼs obligations hereunder. Notice of any such approved sale, transfer or assignment (which includes a description of all rights, interests and obligations that have been transferred and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently with such sale, transfer or assignment.
20.4 C onsiderations for Approval of Sale, Transfer or Assignment .
In considering the request, the City Manager shall base the decision upon the proposed assignee's reputation, experience, financial resources and access to credit and capability to successfully carry out the development of the Property to completion. The City Manager's approval shall be for the purposes of: a) providing notice to City; b) assuring that all obligations of Developer are allocated as between Developer and the proposed purchaser, transferee or assignee as provided by this Agreement; and c) assuring City that the proposed purchaser, transferee or assignee is financially capable of performing Developer's obligations hereunder not withheld by Developer. Notwithstanding the foregoing, the City Managerʼs approval shall not be required for an 249
20 assignment to an entity or entities controlling Developer, controlled by Developer, or under common control with Developer, provided that Developer owns and controls no less than fifty percent of such successor entity or controls the day-to-day management decisions of such successor entity.
20.5 Release upon Transfer. Upon the transfer, sale, or assignment of all of Developerʼs rights, interests and obligations hereunder pursuant to Section 14.2 of this Agreement, Developer shall be automatically released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval.
20.6 D
eveloperʼs Right to Retain Specified Rights or Obligations .
Developer may withhold from a sale, transfer or assignment of this Agreement or any portion of the Property transferred, certain rights, interests and/or obligations which Developer wishes to retain, provided that Developer specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developerʼs purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations.
20.7 P
artial Assignment . In the event of a partial Transfer, City shall cooperate with Developer and any proposed Transferee to allocate rights and obligations under the Development Agreement and the Project Approvals among the retained Property and the transferred Property. Provided that City receives a copy of the assignment and assumption agreement by which Transferee assumes the Transferred rights and obligations associated with the transferred Property: (i) any subsequent breach with respect to the Transferred obligations shall not constitute a breach with respect to the retained rights and obligations of such transferor (or any other Transferee) under the Development Agreement; (ii) and any subsequent breach with respect to the retained obligations of transferor (or any other Transferee) shall not constitute a breach with respect to the Transferred rights and obligations of a Transferee under the 250
21 Development Agreement. The transferor and the Transferee each shall be solely responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferor/Transferee. Any amendment to the Development Agreement between City and a transferor or Transferee shall only affect the portion of the Property owned by such transferor or Transferee.
21. Bankruptcy . The obligations of this Agreement shall not be dischargeable in bankruptcy.
22. Indemnification. Developer agrees to indemnify, defend and hold harmless the City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by Developer, or any actions or inactions of Developerʼs contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of the City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer.
23. Insurance.
23.1 Commercial General Liability Insurance. During the Term of this Agreement, Developer shall maintain in effect a policy of commercial general liability insurance with a per-occurrence combined single limit of not less than $1,000,000. The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. City and Developer agree that such insurance may include alternative risk management programs, including self-insurance or a combination of self-insurance and insurance, provided that such alternative risk management programs provide protection equivalent to that specified under this Agreement.
23.2 W
orkers Compensation Insurance . During the Term of this Agreement Developer shall maintain Workerʼs Compensation insurance for all 251
22 persons employed by Developer for work at the Project site. Developer shall require each contractor and subcontractor similarly to provide Workerʼs Compensation insurance for its respective employees. Developer agrees to indemnify the City for any damage resulting from Developerʼs failure to maintain any such insurance.
23.3 Evidence of Insurance. Prior to issuance of any permits for the Project, including grading permits, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 19.1 and 19.2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy unless replaced with similar coverage. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project.
24. Sewer and Water. Developer acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District (“DSRSD”) which is another public agency not within the control of the City. City agrees that it shall not take any action with DSRSD opposing Developerʼs efforts to reserve water and sewer capacity sufficient to serve the Project described herein.
25. Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to the City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Phone No.: (925) 833-6650
Fax No.: (925) 833-6651
With copies to: City Attorney
Notices required to be given to Developer shall be addressed as follows:
Bex Development, LLC
Randy Branaugh
19077 Madison Ave.
Castro Valley, CA 94546
252
23 Phone No.: (510) 821-1834
Email: [email protected]
A Party may change address by giving notice in writing to the other Party and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier, which shall be deemed given the following day or by facsimile transmission or email, which shall be deemed given upon verification of receipt.
26. Agreement is Entire Understanding. This Agreement, including its exhibits, constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
27. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
28. Recitals. The foregoing Recitals are true and correct and are made a part hereof.
29. Counterparts. This Agreement may be executed by each Party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. This Agreement is executed in two duplicate originals, each of which is deemed to be an original.
30. Recordation. The City shall record a copy of this Agreement within ten days following execution by all Parties. Thereafter, if this Agreement is terminated, modified or amended, the City Clerk shall record notice of such action with the Alameda County Recorder.
31. No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the 253
24 Parties and their respective permitted successors and assigns, any rights or remedies hereunder.
32. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.
33. Time is of the Essence. Time is of the essence for each provision of this Agreement for which time is an element.
34. Further Actions and Instruments. Each Party to this Development Agreement shall cooperate with and provide reasonable assistance to the other Party and take all actions necessary to ensure that the Parties receive the benefits of this Development Agreement, subject to satisfaction of the conditions of this Development Agreement. Upon the request of any Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement.
35. Section Headings. Section headings in this Development Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Development Agreement.
36. Construction of Agreement. This Development Agreement has been reviewed and revised by legal counsel for both Developer and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Development Agreement.
37. Authority . The persons signing below represent and warrant that they have the authority to bind their respective Party and that all necessary board of directorsʼ, shareholdersʼ, partnersʼ, city councilsʼ, or other approvals have been obtained.
38. Non-Intended Prevailing Wage Requirements. Except for public improvements constructed by the Developer and to be dedicated to the City (which are subject to conditions of Project Approval), nothing in this Development Agreement shall in any way require, or be construed to require, Developer to pay prevailing wages with respect to any work of construction or 254
25 improvement within the Project (a “Non-Intended Prevailing Wage Requirement”). But for the understanding of the Parties as reflected in the immediately preceding sentence, the Parties would not have entered into this Development Agreement based upon the terms and conditions set forth herein.
Developer and City have made every effort in reaching this Development Agreement to ensure that its terms and conditions will not result in a Non- Intended Prevailing Wage Requirement. These efforts have been conducted in the absence of any applicable existing judicial interpretation of the recent amendments to the California prevailing wage law. If, despite such efforts, any provision of this Development Agreement shall be determined by any court of competent jurisdiction to result in a Non Intended Prevailing Wage Requirement, such determination shall not invalidate or render unenforceable any provision hereof; provided, however, that the Parties hereby agree that, in such event, this Development Agreement shall be reformed such that each provision of this Development Agreement that results in the Non-Intended Prevailing Wage Requirement will be removed from this Development Agreement as though such provisions were never a part of the Development Agreement, and, in lieu of such provision(s), replacement provisions shall be added as a part of this Development Agreement as similar in terms to such removed provision(s) as may be possible and legal, valid and enforceable but without resulting in the Non-Intended Prevailing Wage Requirement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. 255
26 CITY OF DUBLIN
By: _____________________________
Linda Smith, City Manager
Attest:
__________________________
Marsha Moore, City Clerk
Approved as to form
__________________________
John Bakker, City Attorney
DEVELOPER
Randall Lee Branaugh
By: __________________________
Name: _______________________
Its: __________________________
Katherine A Anderson
By: __________________________
Name: _______________________
Its: __________________________
(NOTARIZATION ATTACHED)
256
Branaugh Property
Stage 2 Planned Development
CEQA Addendum
December 15, 2022
Planning Application Number: PLPA‐2021‐00014
257
Branaugh Stage 2 Planned Development
CEQA Addendum
December 15, 2022
Project Overview
This Initial Study has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist.
The subject of this Initial Study is the Branaugh Property Stag e 2 Planned Development project,
which includes development of residential and industrial uses on approximately 40.2 acres in eastern Dublin within the Eastern Dublin Specific Plan (EDSP) area and Fallon Village project site. Implementation of the proposed project would result in subdivision of the 40.2‐acre site into four parcels to accommodat
e proposed residential and industrial development. A total of 78 residential units are proposed with the potential to provide up to 97 units within 9.87 acres designated Medium‐Density Residential in the General Plan and EDSP. Approximately 527,773 square feet of industrial use is proposed on 30.29 acres designated Industrial Park in the General Plan and EDSP. In addition, the project proposes to optimize the signal timing at the intersection of Centr
al Parkway and Sunset View Drive to improve existing traffic operations, particularly during peak periods.
Prior CEQA Analysis
Prior CEQA analysis includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (EIR) (1993); 2) the East Dublin Properties Stage I Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs” or “previous
CEQA findings,” and are described below.
Eastern Dublin General Plan Amendment and Specific Plan EIR (1993) The Eastern Dublin General Plan Amendment and Specific Plan EIR and an addendum (Eastern Dublin EIR) were certified by the City Council on August 22, 1994. This EIR analyzed General Plan Amendments affecting a 6,920‐acre area and the adoption of the Eastern Dublin Specific Plan (EDSP), which encompassed a 3,328‐acre area and provides a comprehensive planning framework for future development in Eastern Dublin. The are a considered in this EIR included
the project site within the General Plan Amendment area. The Eastern Dublin EIR evaluated the following impacts:
258
Land Use
Population, Employment and Housing
Traffic and Circulation
Community Services and Facilities
Sewer, Water and Storm Drainage
Soils, Geology and Seismicity
Biological Resources
Visual Resources
Cultural Resources
Noise
Air Quality
Fiscal Considerations
The Eastern Dublin EIR identified the following significant and unavoidable impacts:
Cumulative lo
ss of agriculture and open space land
Cumulative traffic
Extension of certain community facilities (natural gas, electric and telephone service)
Consumption of non‐renewable natural resources
Increases in energy uses through increased water treatment and disposal and through operation of the water distribution system
Inducement of substantial growth and concentration
of population
Earthquake ground shaking
Loss or degradation of botanically sensitive habitat
Regional air quality
Noise
Alteration of visual character
The City adopted a Mitigation Monitoring Plan, which mitigation measures and monitoring plan continue to apply to development in eastern Dublin. The City Council also adopted a Statement of Overriding Considerations (Resolution No. 53–93) in connection with their certification of the Eastern Dublin EIR.
East Dublin Properties Stage I Development Plan and Annexation Supplemental EIR (2002)
In 2002, the City of Dublin approved an annexation, pre‐zoning, and related PD‐Planned Development District Stage I Development Plan for the East Dublin Properties area (same area 259
later named “Fallon Village”). The East Dublin Properties project site consists of 1,132 acres within the EDSP area and includes in its entirety the 40.2‐acre Branaugh Property. An Initial Study (IS) was prepared to determine if the East Dublin Properties project required additional environmental review beyond that analyzed in the Eastern Dublin EIR. The IS found that many of the anticipated impacts of the East Dublin Properties project were adequately addressed in the Eastern Dublin EIR given: 1) the comprehensive planning for the dev elopment area; 2) the
Eastern Dublin EIR‘s analysis of buildout under the EDSP land use designations and policies; 3) the long term 20‐30 year focus of the EDSP and the Eastern Dublin EIR; 4) the fact that the East
Dublin Properties project was specifically contemplated in the Eastern Dublin EIR; and 5) the fact that the East Dublin Properties project consisted of the same land uses analyzed in the Eastern Dublin EIR.
Although the IS conclud
ed that the Eastern Dublin EIR adequately analyzed most of the potential environmental impacts of the East Dublin Properties project, it also identified the potential for new significant impacts or substantially intensified impacts beyond those previously analyzed. As a result, the Eastern Dublin EIR was updated and supplemented by the Programmatic East Dublin Properties Stage I Development Plan and Annexation Supplemental
EIR (2002 Supplemental EIR), which updated the analyses of agricultural resources, biology, air quality, noise, traffic and circulation, schools, and utilities.
In certifying the 2002 Supplemental EIR, the City adopted a Mitigation Measures and Monitoring Program and a Statement of Overriding Considerations (Resolution No. 40 ‐02) for
the following impacts:
Exceedance of Bay Area Air Quality Management District air quality standards Cumulative loss/degradation of sensitive habitats
Cumulative traffic operations at several intersections, including Dougherty Road/Dublin Boulevard, Hacienda Drive/Dublin Boulevard, and Fallon Road/Dublin Boulevard
Freeway operati
ons on Interstate 580 (I‐580) and I‐680.
These mitigation measures continue to apply to development in eastern Dublin, including the project site.
Fallon Village Supplemental EIR (2005)
In 2005, the City of Dublin considered additional approvals for the 1,132‐acre Fallon Village area. These requested approvals had three components:
1. Amendments to the General Plan and EDSP to include the entire 1,132‐acre Fallon Village area and to reflect changes to the land use designations on the site;
2. Revisions to the 2002 approval of the Planned Development Rezone with a Stage I
Development Plan to increase the number of dwellings units by 582 to a total of 3,108 units and increase non‐residential uses from 1,081,725 square feet to 2,503,175 square feet of commercial and office uses; and
260
3. A Stage 2 Development Plan, Vesting Tentative Map, Development Agreement, and Lot Line Adjustment for the development of the northernly 488 acres of the Fallon Village area to allow 1,078 dwelling units, a school, parks and associated use.
The City approved all three components of the Fallon Village project.
On December 6, 2005, the City ce rtified the Final Supplemental Fallon Village Project Environmental Impact Report (2005 Supplemental EIR) that analyzed the new uses and revisions to the previous approvals for the Fallon Village project.
The 2005 Supplemental EIR identified potentially significant environmental impacts and related mitigation measures. The City adopted a Mitigation Measures and Monitoring Program for this approval that continues to apply to development
in the Fallon Village area, including the project
site. In addition, as part of Resolution No. 222‐05, the City adopted a Statement of Overriding Considerations for the following significant and unavoidable impacts: traffic impact to Dublin Boulevard/Dougherty Road inters
ection, cumulative impacts to local roadways, consistent with the Alameda County Congestion Management Plan, demolition of the Fallon Ranch House and an increase in regional emissions beyond Bay Area Air Quality Management District (BAAQMD) thresholds.
The City intended this 2005 Supplemental EIR to be used by state or regional agencies in their review of permits required for development in the Fallon Village area (e.g., California Department of Fish and Wildlife Streambed Alteration Agreements, California Endangered Species Act permits, Water Quality Certification or waiver by the Regional Water Quality Control Board under the Clean Water Act) (see, Draft 2005 Supplemental EIR, p. 27).
Proposed CEQA Analysis in this Document
The proposed project is generally based on the land use designations established by the City of Dublin General Plan and EDSP. This Initial Study relies on the EDSP EIRs which collectively evaluated the development of over 3,300 acres in the eastern part of the City.
The City prepared a CEQA analysis using the City’s Initial Study Checklist, dated October 11, 2022, incorporat
ed herein by reference, to assess whether any further environmental review is required for the proposed project. Pursuant to CEQA Guidelines Section 15164, the City determined that no subsequent EIR or Negative Declaration is required for the project and an Addendum to the EDSP EIRs is the appropriate CEQA revie w per the following:
No Subsequent Review is Required per CEOA Guidelines Section 15162 CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions, the City determined that no subsequent EIR or Negative Declaration is required for this project. This is based on the following analysis:
261
a) Are there substantial changes to the project involving new or more severe significant impacts?
There are no substantial changes to the project as analyzed in the EDSP EIRs. The proposed project would maintain all existing land uses and development regulations except for an increase in floor area ratio (FAR) to 0.40 for the warehousing uses in industrial area. As demonstrated in the Initial Study, the project does not constitute a substantial change to the EDSP EIRs analysis, will not result in additional significant impacts, and no additional mitigation measures are required. b) Are there substantial changes in the conditions which the project is undertaken involving new or
more severe significant impacts?
There are no substantial changes in the conditions assumed in the EDSP EIRs that would result in new or substantially more severe significant impacts from the project than were previously identified in the EDSP EIRs. The proposed project would create additional flexibility to encourage
the types of industrial uses prioritized under the City’s Economic Development Zone (EDZ), which are compatible with the overall character and economic health of the surrounding industrial area. This is documented in the Initial Study. c) Is there new information of substantial importance, which was not known and could not have been know
n at the time of the previous EIR that shows the project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or, previously infeasible mitigation measures are now feasible but the applicant declined to adopt them; or mitigation measures considerably different from those in the previous EIR would subst
antially reduce significant effects but the applicant declines to adopt them? As documented in the Initial Study, there is no new information showing a new or more severe significant effect beyond those identified in the EDSP EIRs. Similarly, the Initial Study documents that there would be no new or different f easible mitigation measures or
alternatives to reduce significant effects of the project which the applicant declines to adopt. All previously adopted mitigations continue to apply to the project. The EDSP EIRs adequately describe the impacts and mitigations associated with the proposed development on portions of the EDSP area.
d) If no subsequent EIR‐level revi
ew is required, should a subsequent negative declaration be prepared?
No subsequent EIR or Negative Declaration is required because there are no significant impacts of the project beyond those identified in the EDSP EIRs and no other standards for supplemental review under CEQA are me
t, as documented in the Initial Study.
262
Conclusion
This Addendum is prepared pursuant to CEQA Guidelines Section 15164 based on the attached Initial Study. Through the adoption of this Addendum and related Initial Study, the City determines that the proposed project does not require a subsequent or supplemental EIR or Negative Declaration under CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15163.
The City further determines that the EDSP EIRs adequately address the potential environmental
impacts of the proposed project.
As provided in Section 15164 of the CEQA Guidelines, this Addendum need not be circulated for public review, but shall be considered with the prior environmental documents before making a decision on this project.
The Initial Study and EDSP EIRs are incorporated herein by refe rence and are available for
public review during normal business hours, Monday through Friday, from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin CA.
263
Branaugh Property
Stage 2 Planned Development
Environmental Checklist/Initial Study
December 15, 2022
Planning Application Number: PLPA‐2021‐00009
264
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 1
Table of Contents
Background & Project Description 4
Environmental Setting 12
Environmental Checklist 14
Determination 17
Explanation of Environmental Checklist Responses 18
Appendices
A CalEEMod Output Sheets
B Special Status Plant Survey Report
C Preliminary Delineation of Wetlands/Other Waters
D Branaugh and Righetti Property Development –
Listed Species Impacts, Mitigation, and Take Approval Summary E Cultural Resources Study
F Historic Resources Evaluation
G Branaugh Property Trip Generation Comparison Technical Memorandum
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City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 2
List of Figures
Figure 1: Project Location ......................................................................................................... 174
Figure 2: Aerial Photograph of the Project Site and Surrounding Land Uses ............................ 175 Figure 3: Proposed Parcel Layout .............................................................................................. 176 Figure 4: Overall Site Plan ......................................................................................................... 177 Figure 5: Circulation Plan and Street Sections ‐ Industrial ......................................................... 178 Figure 6: Circulation Plan and Street Sections ‐ Residential ..................................................... 179 Note: All figures are included at the end of the document.
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City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 3
List of Tables
Table A: Proposed Development ................................................................................................... 8
Table B: Proposed Land Uses and Densities Compared to Existing Approved Land Uses and Densities ....................................................................................................................................... 8 Table C: Project Construction Emissions in Pounds Per Day ....................................................... 37 Table D: Project Operational Emissions ...................................................................................... 40 Table E: Summary of Jurisdictional Waters and Wetlands within the Project Site ...................... 64 Table F: Typical Maximum Construction Equipment Noise Levels (Lmax) ................................. 121 Table G: Equipment Noise by Construction Phase .................................................................... 122 Table H: Construction Vibration Damage Criteria ..................................................................... 125 Table I: Vibration Source Amplitudes for Construction Equipment ........................................... 126 Table J. Existing Transit Facilities ............................................................................................... 145 Table K. Estimated Trip Generation for the Branaugh Property Based on 2022 Proposed Project .................................................................................................................................................. 152 Table L. Estimated Trip Generation for the Branaugh Property Based on Fallon Village SEIR ... 153
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City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 4
Background & Project Description
Project Title
Branaugh Property Stage 2 Planned Development
Lead Agency Name and Address
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
Contact Person and Phone Number
Amy Million
Principal Planner
Phone: 925‐833‐6610
[email protected]
Project Location
The approximately 40.2‐acre project site is located in the eastern portion of Dublin, adjacent to the city boundary with unincorporated Alameda County (Assessor’s Parcel Number [APN]: 905‐ 0001‐004). The project site is located east of Croak Road and south of the future extension of Central Parkway. The future Dublin Boulevard Extensio n Project bisects the project site. Figures 1 and 2 provide the regional location and aerial photograph of the project site and surrounding land uses, respectively.
Project Applicant’s/Sponsor’s Name and Address
Randy Branaugh
BEX Development
19077 Madison Ave
Castro Valley, CA 94546
General Plan Designation
Medium Density Residential (9.8 acres) and Industrial Park (30.29 acres).
Zoning
Planned Development (PD) Ordinance No. 32‐05
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City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 5
Project Description
Project Background and Prior Environmental Review
The project is included in several previous CEQA documents, as noted below.
Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan Program EIR (State Clearinghouse No. 1991103064). A Program EIR for the Eastern Dublin General Plan Amendment (Eastern Extended Planning Area) and the Eastern Dublin Specific Plan (EDSP) was certified by the City Council in 1993 by Resolution No. 51‐93. This document and its related addenda collectively are referred to as the Eastern Dublin EIR. The Eastern Dublin EIR evaluated the following impacts:
Land Use
Population, Employment and
Housing
Traffic and Circulation
Community Services and Facilities
Sewer, Water and Storm Drainage
Soils, Geology and Seismicity
Biological Resources
Visual Resources
Cultural Resources
Noise
Air Quality
Fiscal Considerations
The City adopted a Statement of Overriding Considerations (Resolution No. 53–93) for the following impacts:
Cumulative lo
ss of agriculture and open space land
Cumulative traffic
Extension of certain community facilities (natural gas, electric and telephone service) Consumption of non‐renewable natural resources
Increases in energy uses through increased water treatment and disposal and through operation of the water distribution system
Inducement of substantial growth an
d concentration of population
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City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 6
Earthquake ground shaking
Loss or degradation of botanically sensitive habitat
Regional air quality
Noise
Alteration of visual character
The Eastern Dublin EIR was challenged in court and was found to be legally adequate. Two addenda documents to the Eastern Dublin EIR have been approved by the City as noted abov e.
East Dublin Properties Supplemental EIR (State Clearinghouse No. 2001052114). In 2001 the Eastern Dublin Property Owners (EDPO) requested annexation, Prezoning, and related approvals for a 1,120‐acre area within eastern Dublin. The City prepared a Supplemental EIR (2002 SEIR) to the Eastern Dublin EIR to evaluate potential development within this area. The 2002 SEIR was certified by the City on April 2, 2002, by City Council Resolutio n No. 40‐02. The 2002 SEIR analyzed annexation of the property to the City of Dublin and Dublin San Ramon Services District (DSRSD), amendments to the Dublin General Plan and Eastern Dublin Specific Plan, a Planned Development (PD) Prezoning, and Stage 1 Development Plan. Following certification of the 2002 SEIR, the City approved a PD Prezoning with related Stage 1 and 2 Development Plans for the site.
The 2002 SEIR analyzed the environmental impacts associated with development of up to 2,526 residential units, 581,090 square feet of commercial use, 840,360 square feet of industrial space, a junior high school, elementary school, parks and open space uses (the EDPO Project).
Based on an Initial Study prepared in 2001, the 2002 SEIR provided updated analyses for agricultural resources, biological resources, air quality, noise, traffic and circulation, schools, and utilities. The City adopted a Statement of Overriding Considerations (Resolution No. 40‐02) for the following impacts:
Exceedan
ce of Bay Area Air Quality Management District air quality standards Cumulative loss/degradation of sensitive habitats
Cumulative traffic operations at several intersections, including Dougherty Road/Dublin Boulevard, Hacienda Drive/Dublin Boulevard, and Fallon Road/Dublin Boulevard
Freeway operations on Interstate 580 (I‐580) and I‐680.
Fallon Village Project Supplemental EIR (State Clearinghous e No. 2005062010). A Supplemental
EIR was prepared to amend the previous entitlements to include the entire 1,132‐acre site within the Eastern Dublin Specific Plan area and to modify the land uses and roadway alignments established in the 2002 Stage 1 Development Plan (PD‐1) to allow for future development of up to 3,108 residential units, up to 2,503,175 square feet of commer cial, office, 270
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 7
light industrial, and mixed‐use development, two elementary school sites, parks and open spaces.
The Fallon Village SEIR evaluated the following impacts:
Land Use and Planning
Traffic and Transportation
Community Services and Facilities
Sewer, Water and Storm Drainage
Soils, Geology and Seismicity
Biological Resources
Visual Resources
Cultural Re
sources
Noise
Air Quality
Hazards and Hazardous Materials
Parks and Recreation.
The Fallon Village SEIR identified significant and unavoidable impacts associated with the traffic impacts at the Dublin/Dougherty intersection, cumulative impacts to freeway operations on Interstate 580 (I‐580) and I‐680, traffic levels exceeding Co unty monitoring standards, demolition of the historic Fallon Ranch House and increase in regional air quality emissions. The City adopted a Statement of Overriding Considerations (Resolution No. 40‐02) for these impacts.
Proposed Project
The proposed project consists of a Planned Development Rezone with a Stage 2 Development Plan and Vesting Tentativ
e Parcel Map. Implementation of the proposed project would result in subdivision of the 40.2‐acre site into four parcels to accommodate proposed residential and industrial development. A total of 78 residential units are proposed with the potential to provide up to 97 units within 9.87 acres designated Medium‐Density Residential in the General Plan and EDSP. Approximately 527,773 square feet of industrial use is propos ed on 30.29 acres
designated Industrial Park in the General Plan and EDSP. Table A shows the proposed development program for the project site. Figure 3 shows the overall site plan. 271
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 8
Table A: Proposed Development
Parcel
Number Use Number of Units/Building Size Gross
Acreage1
Density (dwelling
units/acre)/FAR
1 Residential 78‐97 units2 9.87 8.0‐10.0
2 Bioretention and Slope3
527,773 square feet4 30.29 0.4 3 Industrial Park
4 Industrial Park
TOTAL 97 units
527,773 square feet
40.16 Source: MacKay & Somps (2021)
1 Acreages from prior EDSP and PD‐1 approvals were based on assumed boundary locations. Acreages shown have been updated to match resolved boundary data.
2 The Stage 2 PD proposes 78 single‐family lots, with an option to add Multi‐Family units (duplex or triplex) to obtain a maximum of 97 units, as evaluated in the prior EIR. The unit breakdown is preliminary and the final lot and unit count would be finalized as part of subsequent approvals
but would not exceed 97 units.
3 Parcel 2 is proposed to include a bioretention basin to treat the stormwater runoff of the public streets and residential lots located in Parcel 1. Stormwater treatment for the IP portions of the project would be provided by bioretention basins within Parcels 3 and 4. 4 The building square footage is combined for all non‐residential parcels within the project. The maximum building square footage shown reflects the increase in FAR.
In 2005, the Fallon Village Planned Development (PD) Stage 1 Development Plan (Stage 1 PD) and SEIR were approved, establishing the land uses and intensities for the Fallon Village properties. The proposed project would maintain the land uses and associated acreages for the Branaugh Property as identified in the Stage 1 PD, EDSP and General Plan as shown in Table B below.
Table B: Proposed Land Uses and Densities Compared to Existing Approved Land Uses and Densities Proposed Stage 2 PD Existing Approved Stage 1 PD and Eastern Dublin Specific Plan
Land Use Gross
Acreage1
Number of
Units/
Building Size
Density
(dwelling
units/acre)/
FAR
Gross
Acreage1
Maximum
Number of
Units/
Building Size
Density
Range/Max
FAR (per
EDSP and
Stage 1 PD)
Density
Range/Max
FAR (per
EDSP EIRs)
Medium
Density
Residential
(MDR)
9.87 78‐97 units 8.0‐10
du/acre
9.87 97 6.0‐14
du/acre
10 du/acre
Industrial
Park (IP)
30.29 527,773
square feet
0.4 FAR 30.29 372,002
square feet
0.35 FAR2 0.28 FAR
Total 40.16 40.16
Source: MacKay & Somps (2021)
1 Acreages from prior EDSP and PD‐1 approvals were based on assumed boundary locations. Acreages shown have been updated to match resolved boundary data.
2 Higher FAR may be approved at the discretion of the City Council based on specified criteria in the EDSP.
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City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 9
As shown in Table B, the project proposes a 0.4 floor area ratio (FAR) for the Industrial Park (IP) portion of the project site, which is an increase from the maximum 0.35 FAR allowed in the ESDSP and Fallon Village Stage 1 PD and an increase from the maximum 0.28 FAR evaluated in the EDSP EIRs. The EDSP provides discretion to the City Counc il to approve a higher FAR if the
proposed uses meet one or more of the following criteria:
Unique project characteristics which result in reduced impacts relative to other uses in the same area (e.g., lower traffic generation);
Unique project building requirements (e.g., warehouse uses that have large land cover
age requirements but low employment densities); or
Extraordinary benefits to the City.
The increase in FAR is intended to provide flexibility within the design standards to encourage the types of industrial uses prioritized under the City’s Economic Development Zone (EDZ), including medical technology and bio‐technology companies and start‐ups. The parking requirements for the IP parcel would adhere to the Dublin Municipal Code and future tenants would be required to provide the appropriate parking as described for the proposed industrial use.
No changes to the residential portion of the property are proposed.
Access &
Circulation
Primary access into the residential neighborhood would be via the proposed extension of Central Parkway to the north, within the proposed East Ranch (Croak property) development.
The project proposes to optimize the signal timing at the intersection of Central Parkway and Sunset View Drive to improve existing traffic operatio ns, particularly during peak periods.
Primary access to the IP parcels would be provided by the future Dublin Boulevard extension via a full access intersection. Potential connections to the adjacent Righetti and Town & County properties are proposed to allow for internal east‐west connections in addition to Dublin Boulevard.
The 9.4‐acre IP uses south of Dublin Boulevard would also have potential access from the adjacent Collier Canyon Road public right‐of‐way, from which the site is currently accessed. If Collier Canyon Road is abandoned, the right‐of‐way could be used for additional landscaping or bioret
ention for the adjacent IP parcel. A portion of Collier Canyon Road may also need to be reserved for the future Valleylink project. If Collier Canyon Road is not abandoned, Collier Canyon Road would be improved to provide at minimum 12‐foot‐wide travel lanes and five‐ foot‐wide sidewalks. There woul
d be no direct vehicular or pedestrian circulation between the residential uses in the northern portion of the project site and the IP uses to the south.
Vehicular and pedestrian circulation between the residential and industrial uses would be 273
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 10
provided indirectly via Central Parkway, Croak Road and Dublin Boulevard. The circulation plan and street sections for the IP development are shown in Figure 4.
Internal circulation for the residential development would consist of a system of looped streets.
Street C would provide the primary entrance off the proposed extension of Central Parkway.
Street C would provide access to both the Righetti and Branaugh residential parcels. Streets A and B along the south would also connect the Branaugh neighborhood to the future Righetti residential neighborhood. The circulation plan and street sections for the residential
development are shown in Figure 5.
Open Space and Landscaping
Although a landscape plan has not yet been prepared for the project site, the Stage 2 PD would include Landscape Design Guidelines and
a planting palette to promote a cohesive landscape
within the residential and industrial areas of the project site, including flowering plants that complement the site architecture, provide seasonal color, an d connect adjacent uses and activities. The landscaping would also need to comply with the existing criteria in the Stage 1 PD.
Residential Development. The residential development would include a neighborhood entrance from the proposed extension of Central Parkway with a monument and thematic landscaping.
Flowering accent trees would line the entry on both sides of the street and provide seasonal color. Low‐growing flowering shrubs and groundcover would provide continuous interest throughout the year as well as a colorful understory to the accent trees above.
Internal
streets and sidewalks of the residential community would include a variety of deciduous trees for solar exposure coupled with low growing flowering groundcover. Streets C and B would have five‐foot‐wide landscaping and a five‐foot‐wide sidewalk on both sides of the street. Other streets would have a five‐foot‐wide sidewalk on both sides to link the neighborhood togeth
er. Street trees would be coordinated with the utilities and streetlights to provide a continuous canopy of trees. Additional flowering trees in an irregular pattern and the screening trees adjacent to building ends would be considered to soften the architecture. Low‐ growing groundcover, intermediate and background shrubs would be planted in a tiered effect
to provide a variety of landscapes with seasonal color and textural contrast.
Eleven lots on the east side of the neighborhood would be identified as wildfire buffer lots.
Trees along these lots would be fire safe, which have a favorable rating for plant performance per the Diablo Firesafe Council. A fire access road would be located on the east side of the neighborhood, connecting to a neighborhood street in East Ranch to the north. Fencing adjacent to the fire access road would conform to the Dublin Wildfire Management Plan and consist of heav
y timber wood fencing treated with fire retardant, consistent with the California Building Code (CBC).
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City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 11
Industrial Development. The entry to each industrial development would be clearly marked with entry features, including landscaping, varied hardscape and/or monument signs that are consistent with the architectural style of the building. All signs would conform to the City of Dublin Sign Ordinance.
Parking lot landscaping would be provided to accent driveways, frame major circulation routes, and highlight pedestrian pathways. Landscape screening would also be used to minimize the visual impact of new development. The use of vines on walls may be used to reduce their visual impact and minimize opportunities for graffiti. Parking lots adjac ent to and visible from public
streets would be screened using evergreen hedges or rolling earth berms.
Utilities and Infrastructure
The project site is currently served by overhead elect
ric and communication lines and by
sanitary sewer septic systems and on‐site well water. Existing and proposed utility connections are discussed below.
Water. Water service would be provided by the Dublin San Ramon Services District (DSRSD).
The proposed project would include the installation of new water lines on the site that would connect to the proposed potable water and recycled water mains within the future Dublin Boulevard Extension and proposed potable water main within the future Central Parkway Extension to the northwest (within East Ranch).
Wastewater. Wastewater service would be provided by DSRSD. New sanitary sewer lines would be installed within the project site and would tie into proposed sanitary sewer mains within the future Dublin Boulevard Extension and future Central Parkway Extension to the northwest (within East Ranch).
Stormwater. The project site is currently largely undeveloped and covered in non‐native grassland and, therefore, contains minimal impervious surfaces. Upon construction of the proposed project, approximately 60 percent of the project site would be covered with impervious surfaces, and the remaining 40 percent would be covered by pervious surfaces, consisting of the landscaped areas. The proposed project would include approximately 43,151 square feet of bioretention space on the project sit e that would be used for stormwater quality control. The proposed project would include multiple bioretention basins and storm drains throughout the project site, which would connect to downstream hydromodification facilities prior to discharging to existing/proposed stormdrain pipes. Hydromodification vaults would be included on‐site to provide flow duration controls for the project. Proposed storm drainage facilities would conform to the Alameda County C.3 Stormwater Technical Guidelines and requirements. Runoff from the proposed project would drain to future Dublin Boulevard Extension and Collier Canyon Road and ultimately to the G3 box culvert along Fallon Road. 275
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 12
Electricity and Gas. Electricity and gas service would be provided to the project site by the Pacific Gas & Electric Company (PG&E). The proposed project would include connections to proposed electricity and natural gas lines within the future Dublin Boulevard Extension and future Central Parkway Extension (within East Ranch).
Demolition, Grading and Construction
The proposed project would include demolition of the existing buildings on the project site.
Construction debris, such as old foundations and structures, would be collected and hauled off site for disposal. Approximately 100 cubic yards of demolition waste would be generated by the proposed project.
Cut and
fill from project grading would be balanced on‐site. It is anticipated that the maximum depth of excavation for building pads would be approximately 30 feet and the maximum depth of utility trenching would be approximately 15 feet.
If approved, construction of the proposed project is anticipated to begin in 2023 or once the Dublin Boulevard Ext
ension is completed. The proposed project would include phased construction, which would consist of a demolition phase from 2023 to 2024, grading phase from 2024 to 2025 and building cons
truction from 2025 to 2026. Overall, construction of the proposed project is anticipated to last approximately 30 months, and is anticipated to be fully improved by 2026, with development of the industrial uses pending the completio n of the Dublin Boulevard Extension.
Project Entitlements
The City is the CEQA Lead Agency for the proposed project and will consider the environmental impacts of the proposed project as part of the project approval process. Permits and approvals required for the proposed project include a Planned Development Rezone with a Stage 2 Development Plan and Vesting Tentative Parcel Map No. 9306. In addition, subsequent Site Development Review Permits would be required
for the project. Ministerial actions would be
required for implementation of the project including issuance/approval of grading permits, encroachment permits, improvements plans, and building permits.
Environmental Setting
Project Site and Existing Facilities
The approximately 40.2‐acre project site is located in the eastern portion of Dublin, adjacent to the city boundary with unincorporated Alameda County. The site is bounded by the vacant 276
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Righetti and Town & Country properties to the west,
1 the East Ranch (Croak property)
development to the north, undeveloped unincorporated Alameda County land to the east and Interstate 580 (I‐580) to the south. The future Dublin Boulevard Extension bisects the project site.
Elevations on the project site range from approximately 370 to 580 feet above sea level with the highest elevations in the northern portion of the parcel, and the lowest elevations along the southern fence line of the property.
The project site consists primarily of undeveloped grazing ranchland and open space, but also includes some rural residential development in the northwest and southern portion. The land uses on nearby properties are largely agricultural, with residential, industrial, open space, and commercial uses as well. Five habitat types were identified within the project site during plant surveys: California annual grassland (31.41 acres), seasonal wetland (0.18 acre), developed (8.23 acres), culvert (0.1 acre), and ephemeral stream (0.04 acre).2 Existing structures on the project site include several houses, a barn and several sheds, located in the southern portion of the property, and a house located in the northwestern portion of the property. The agricultural and landscape contracting complex in the southern portion of the property includes several structures, including the barn, shed and house that were constructed circa 1958. A second house in this area was constructed circa 1965. The barn retains the original
structure of the three‐bay barn; however, it has been significantly altered over time. The yard surrounding the barn has been paved with asphalt for use in vehicle loading and parking, and a modern modular building is located to the immediate west. A single‐story shed (circa 1958) is located southwest of the barn. Several modern shed buildings are also located in this portion of the project site. A third house, constructed in 1980, is located in the northwestern portion of the project si
te. All of the existing site structures would be demolished as part of the proposed project.
1 Current plans for the Righetti property would include development of 78 residential units (with the potential to provide up to 96 units), up to 372,350 square feet of industrial use and up to 321,125 square feet of campus office/light industrial uses.
2 H.T. Harvey. 2021. Results of Protocol‐level Special‐Status Plant Surveys in Support of the Branaugh Property Development. May 27.
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Environmental Checklist
Environmental Factors Potentially Affected by the Project The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agricultural and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas
Emissions Hazards & Hazardous
Materials
Hydrology / Water
Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation / Traffic Tribal Cultural Resources
Utilities / Service
Systems Wildfire Mandatory Findings
of Significance
Instructions
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question (see Source List, attached). A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explaine d where it is
based on project‐specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project‐specific screening analysis).
2. All
answers must take account of the whole action involved, including off‐site as well as on‐site, cumulative as well as project‐level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answ
ers must indicate whether the impact is potentially
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significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that any effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated: applies where
incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.
5. Earlier Analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or mor
e effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a. Earlier analysis used. Identify earlier analyses and state where they are available for review.
b. Impacts adequately addressed. Identify which ef
fects from the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation measures. For eff ects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site‐ specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e .g., general plans, zoning ordinances).
Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental
effects in whatever format is selected.
9. The explanation of each issue should identify:
o the significance criteria
or threshold, if any, used to evaluate each question;
and
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o the mitigation measure identified, if any, to reduce the impact to less than significance
10. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun?
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environm ental review,
identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) Information may also be available from the California Native American Heritage Commis
sion’s Sacred Lands File per Public
Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
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Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a potentially significant or a potentially significant unless mitigated impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as describe d on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measu
res that are imposed upon the proposed project, nothing further is required.
X
CITY OF DUBLIN
_________________________________ _____________________________ Amy Million, Principal Planner Date
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Explanation of Environmental Checklist Responses
Aesthetics
ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in the
Severity of an
Impact Identified
in the EDSP EIRs
Equal or Less
Severe Impact than
Identified in the
EDSP EIRs
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?
X
c) Substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from
publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with
applicable zoning and other regulations governing scenic quality
X
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the
area?
X
Environmental Setting
The project site is located within the southernmost portion of the Eastern Dublin area. As described in the Eastern Dublin EIR, the southern portion of the Eastern Dublin area is flat, open, and covered with grasslands and agricultural field crops. The northern portions include steeper foothills with canyons settled with farms and ranchettes. Much of the Eastern Dublin area has since been developed consistent with the land uses identified in the EDSP and
subsequent planning approvals.
The project site consists primarily of undeveloped grazing ranchland and open space, but also includes some rural residential development in the northwest and southern portions of the site.
Developed/landscaped area
s consist of parking lots, driveways, a house, and other buildings associated with the property, and landscaping/planted vegetation. A swale bisects the northern half of the property, which follows what was likely a historic drainage through the project site. 282
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The project site slopes gently down from the highest elevations in the northern portion of the parcel to the lowest elevations along the southern fence line of the property.
No designated State scenic highways are located near the project site. However, I‐580 located just south of the project site, is an eligible State scen ic highway and a designated Alameda
County scenic route. The project site is visible from both eastbound and westbound I‐580.
Vehicle headlights and taillights on area roadways, and lighting associated with I‐580, are the existing sources of light and glare in the project area.
Previous CEQA Documents
Eastern Dublin EIR
The Eastern Dublin EIR identified potentially sign
ificant impacts related to standardized tract
development, obscuring distinctive natural features, alteration of hillsides, ridges, and watercourses, alteration of Dublin’s visual identity as a freestanding city, scenic vistas, and scenic routes. All of these impacts were determined to be less than significant with implem
entation of mitigation measures identified in the Eastern Dublin EIR. The Eastern Dublin EIR determined that impacts associated with the alteration of the rural/open space visual character of the project area and alteration of the visual character of the flatlands would be significant and unavoidable. Thus, a Statement of Overriding Considerations was adopted. Th e following mitigation measures would apply to the proposed project:
MM 3.8/1.0 Establish a visually distinctive community which preserves the character of the natural landscape by protecting key visual elements and maintaining views from major travel corridors and public spaces.
MM 3.8/2.0 Implement the land use plan for the Project site which emphasizes retention of the predominant natural features, such as ridgelin es and watercourses, and
sense of openness that characterize eastern Dublin.
MM 3.8/3.0 Preserve the natural open beauty of the hills and other important visual resources, such as creeks and major stands of vegetation.
MM 3.8/4.0 Visual impacts of extensive grading shall be reduced by sensitive engineering design,
by using gradual transition from graded areas to natural slopes and by revegetation.
MM 3.8/4.1 Alterations of existing natural contours shall be minimized. Grading shall maintain the natural topography as much as possible. Grading beyond actual development areas shall be for remedial purposes only.
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MM 3.8/4.4 Graded slopes shall be re‐contoured to resemble existing landforms in the immediate area. Cut and graded slopes shall be revegetated with native vegetation suitable to hillside environments.
MM 3.8/4.5 The height of cut and fill slopes shall be minimized to the greatest degree possible. Grades for cut and fill slopes should be 3:1 or less whenever feasible.
MM
3.8/5.1 Structures shall not be located where they would obstruct scenic views or appear to extend above an identified scenic ridgetop (i.e., silhouetted) when viewed from designated scenic routes.
MM 3.8/6.0 Tassajara Creek and other stream corridors are visual features that have special scenic value for the planning area. The visual character of these corridors should be protected from unnecessary alteration or disturbance and adjoining development should be sites to maintain
visual access to the stream corridors.
MM 3.8/7.0 Preserve views of designated open space areas.
MM 3.8/8.1 The City should require that projects with
potential impacts on scenic
corridors to submit a detailed visual analysis with development project application.
Applicants will be required to submit graphic simulations and/or section drawn from affected travel corridors through the parcel in question, representing typical views of the parcel from scenic routes. The graphic depiction of the loc ation and massing of the structure and associated landscaping can then be used to adjust the project design to minimize the visual impacts.
2002 SEIR
The effects of the Eastern Dublin Property Owners (EDPO) Project on visual resources were addressed in the Initial Study prepared as part of the 2002 SEIR. The Initial Study determined that the EDPO
Project would have no impacts beyond those identified in the Eastern Dublin EIR because the development footprint and intensity of development was the same as previously analyzed.
Fallon Village SEIR
No additional impacts or mitigation were identified in the Fallon Village SEIR.
Project Impacts and Mitigation Measures
(a) Scenic vistas, views
A scenic vista is defined
as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. Aesthetic components of a scenic vista generally 284
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include: 1) scenic quality; 2) sensitivity level; and 3) view access. The City of Dublin General Plan identifies the visually sensitive ridgelines located in the open space areas in the Western and Eastern Extended Planning Areas of the City as scenic resources. I‐580 provides scenic views of these ridgeline areas and is an Alameda County‐designated scenic ro ute.
Implementation of the proposed project would subdivide the 40.2‐acre site into four parcels to accommodate proposed residential and industrial development. A total of 78 residential units are proposed with the potential to provide up to 97 units within 9.87 acres designated Medium‐Density Residential in the General Plan and EDSP. Residential development would be two to three stories in height, with a maximum heig
ht of 35 to 40 feet. Approximately 527,773
square feet of industrial use is proposed on 30.29 acres designated Industrial Park in the General Plan and EDSP. The proposed industrial development would be a maximum of three‐ stories high, with a maximum height of 35
feet, which is consistent with the maximum height of
35 feet established in the Fallon Village Stage 1 PD. The proposed development would be visible from public vantage points, including Collier Canyon Road, the future Dublin Boulevard Extension, and I‐580, which is an eligible State scenic highway and a designated Alameda
County scenic route.
The Eastern Dublin EIR also contains Figure 3.8‐H, Visually Sensitive Ridgelands, depicting portions of the Eastern Dublin area that contains ridges and ridgelands which are considered to be visually sensitive. As identified in the Eastern Dublin EIR, the lower and hillside areas located closer to I‐580 with topographic elevations generally ranging between approximately 460 and 480 feet above sea level are designated as “Visually Sensitive Ridgelands‐restricted development.” As described above, the Eastern Dublin EIR determined that development associated with implementation of the EDSP would alter the charact er of existing scenic vistas
and obscure important sightlines. These impacts were determined to be less than significant with implementation of mitigation measures identified in the Eastern Dublin EIR and listed above.
Consistent with the findings in the Fallon Village SEIR, due to the elevation and existing topography of the project site, proposed development would continue to limit views of the primary ridgeline and affect scenic vistas from I‐580 and other public vantage points. Although the density of the proposed industrial use would be greater than previously analyz ed in the EDSP EIRs, the general type and massing of buildings would not be significantly different than analyzed in the EDSP EIRs. The proposed industrial use would be located in the southern portion of the project site where the elevation is lower and the topography is flatter; thereby minimizing the potential visual effect of the increased height. Howe ver, consistent with the
findings of the Fallon Village SEIR, proposed development would continue to limit views of the primary ridgeline, designated as scenic resource in the Eastern Dublin EIR.
Consistent with Mitigation Measure 3.8/5.0, identified in the Eastern Dublin EIR, the proposed project wou
ld be required to undergo site‐specific design review to ensure the project is 285
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consistent with City of Dublin design standards, property development regulations and performance standards related to aesthetics and to lessen the severity of visual changes resulting from the proposed project. Further, the proposed project would be required to implement other Mitigation Measures (MM 3.8/3.0, MM 3.8/4.0, MM 3.8/4.1, MM 3.8/4.4, MM 3.8/4.5, MM 3.8/5.1) identified in the Eastern Dublin EIR, which inclu de design features to
minimize visual impacts (e.g., sensitive grading, sensitive engineering design, revegetation). (b) Scenic resources
As described above, I‐580 located just south of the project site, is an eligible State scenic highway and an Alameda County designated scenic route. The I‐580 scenic corridor is defined as the area which is both within 3,500 feet on each side of the centerline of I‐580 and visible from I‐580. Per the City of Dublin General Plan policies, design review would be required for all projects visible from a designated scenic route in order to enhance a positive image of Dublin as seen by through travelers.
As described
in Section 1.a, the proposed project would alter views from I‐580 and result in a change in visual conditions, as described in the EDSP EIRs. However, development of the proposed project would not substantially damage scenic reso urces, such as trees, rock outcroppings, or historic buildings, as these resources are not currently present on the project site. Further, the mitigation measures identified in the EDSP EIRs and the visual policies in the City of Dublin General Plan would apply to the proposed project, and the proposed project would be required to undergo site‐specific de
sign review to ensure the project is consistent
with City of Dublin design standards.
(c) Substantially degrade the visual character of public views of the site or surrounding area Development of the proposed project would alter the existing visual character of the project area and
vicinity by introducing residential and industrial uses onto the existing largely undeveloped parcel. A total of 78 residential units are proposed with the potential to provide up to 97 units within 9.87 acres designated Medium‐Density Residential in the General Plan and EDSP. Residential development would be two to three stories high, with a maximum height of 35 to 40 feet. Approximately 527,773 square feet of industrial use is proposed on 30.29 acres designated Industrial Park in the General Plan and EDSP. The proposed industrial development would be a maximum of three‐stories high, with a maximum height of 35 feet, which is consistent with the maximum height of 35 feet established in the Fallon Village Stage 1 PD. The proposed project would include establishment of residential and industrial design guidelines to regulate the design of the residential and industrial uses within the project site. Design guidelines include variation in roof forms and
heights, setbacks for the upper floors, variation in
materials, and earth‐toned colors to minimize the visual scale of proposed structures and provide visual interest. Landscaping is proposed to promote a cohesive landscape within the residential and industrial areas of the project site, including flowering plant material that comple
ments the site architecture, provides seasonal color, and connects adjacent uses and 286
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activities. Implementation of these design elements would further mitigate the visual impact of the building heights and massing.
As described above, the Eastern Dublin EIR determined that visual impacts associated with the alteration of the rural/open space character of the project area and alteration of the visual character of the flatlands would be significant and unavoidable. Other impacts to visual resources,
including impacts to distinctive natural features, scenic vistas, and scenic routes, and alteration of hillsides, ridges, and watercourses were determined to be less than significant with implementation of mitigation measures identified in the Eastern Dublin EIR. Although the density of the proposed industrial use would be greater than previously analyzed in the EDSP EIRs, it is limited to warehousing uses only and the general type and massing of buildings would not be significantly different. Consistent with the findings of the Eastern Dublin EIR, the proposed project would alter the visual character of the project site, which would be converted from rura
l development to urban development, with industrial and residential buildings. The difference in density would not substantially increase the severity of this previously identified impact. Therefore, changes to the existing visual environment would be the same as described in the EDSP EIRs.
The mitigation measures identified in the Eastern Dublin EIR and the vis ual policies in the City of
Dublin General Plan would apply to the proposed project. In addition, the proposed project would be required to undergo site‐specific design review to ensure the project is consistent with City of Dublin design standards, property development regulations and performance standards related to aesthetic
s and to lessen the severity of visual changes resulting from the proposed project.
(d) Create a new source of substantial light or glare
Similar to the development evaluated in the EDSP EIRs, the proposed project would introduce new light sources to the project site, including new building lighting, light standards along proposed roadways, parking areas and pedestrian pathways, and loading facilities. At night, these new sources of light would be visible from a distance; however, the addition of new light sources associated with the proposed project would generally blend in with lighting proposed as part of adjacent development projects to the north and west and would represent a continuation of the existing development within this area of the City. Consistent with City requirements, exterior lighting would be shielded so that direct glare and reflections are confined within the boundaries of the project site. Site lighting would be directed downward and away from adjoining properties and public rights‐of‐way such that no light spillover onto adjacent properties or streets would occur. In addition, the project site is within Safety Zone 6 of the Livermore Executive Airport Land Use Compatibility Plan (ALUCP) and development on the project site must meet the criteria established by the ALUCP prior to development.
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Glare is caused by light reflections from pavement, vehicles, and building materials such as reflective glass and polished surfaces. During daylight hours, the amount of glare depends on intensity and direction of sunlight. Glare can create hazards to motorists and can be a nuisance for pedestrians and other viewers. Proposed exterior building materials primarily include stucco with stone, brick or wood. These non‐reflective building materials would not result in potential glare impact
s within the project site or surrounding areas, and notably at the street level.
Therefore, the proposed project would not create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area.
Conclusion
The project does not propose substantial change
s that were not previously analyzed in the
EDSP EIRs that would require major changes to the EIRs. Based on the information in the EDSP EIRs and this environmental analysis, the project would not substantially increase the severity of the previously identified aesthetic/visual impacts, nor result in new significant impacts.
With adherence to applicable regulatory requirements and mitigation measures identified in the EDSP EIRs there would be no new or substantially more severe significant impacts to aesthetic resources beyond what has been analyzed in the previous EDSP EIRs, and no other CEQA standards for
supplemental review are met. Therefore, no further environmental review is required.
Source(s)
Dublin, City of. 2017. City of Dublin General Plan, Adopted February 11, 1985 (Amended as of November 21, 2017).
Dublin, City of. 2002. Final Revised Supplemental Environmental Impact Report, State Clearinghouse No. 2001052114, East Dublin Properties Stag e 1 Development Plan and
Annexation. March.
Haag, Jerry. 2005. Fallon Village Project, Final Supplemental Environmental Impact Report, State Clearinghouse No. 2005062010. November.
Wallace Roberts & Todd. 2016. Eastern Dublin Specific Plan. January 7, 1994 (Updated September 20, 2016).
Wallace Roberts & Todd. 1992. Final Environmental Impact Report, Stat e Clearinghouse Number 91103064. Eastern Dublin General Plan Amendment and Specific Plan.
December 7.
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Agricultural and Forestry Resources
ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in the
Severity of an
Impact Identified
in the EDSP EIRs
Equal or Less
Severe Impact
than Identified
in the EDSP EIRs
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non‐agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
X
c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non‐agricultural use or conversion of
forest land to non‐forest use?
X
d) Result in the loss of forest land or conversion of forest land to non‐forest use?
X
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non‐agricultural use or conversion of
forest land to non‐forest use?
X
Environmental Setting
The project site is not used for agricultural production and is not designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. The surrounding area is characterized by undeveloped open space and residential uses.
The Farmland Mapping and Monitoring Program categ
orizes the project site as Grazing Land
and Other Land. Grazing Land is defined as land on which the existing vegetation is suited to the grazing of livestock. Other Land includes land not included in any other mapping category.
Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than forty acre s. Vacant and
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nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.
Previous CEQA Documents
Eastern Dublin EIR
The Eastern Dublin EIR identified less than significant impacts related to discontinuation of agricultural uses, loss of farmlands of local importance, indirect impacts resulting from non‐ renewal of Williamson Act cont
racts, and conversion of non‐urban lands. Although the Eastern Dublin EIR determined that the loss of agricultural uses within the EDSP was less than significant, the Eastern Dublin EIR identified the cumulative loss of agricultural lands and open space as a significant unavoidable impact and a Statement of Overriding Considerations was adopted
for this impact.
2002 SEIR
A review of potential prime agricultural soils within the project area was conducted as part of the 2002 SEIR. The 2002 SEIR determined that no additional prime agricultural lands occur in the project area beyond those identified at the time the Eastern Dublin EIR was certified; theref
ore, no new significant impacts related to prime agricultural soils or cancellation of Williamson Act contracts were identified.
Fallon Village SEIR
No additional impacts or mitigation related to agricultural resources were identified in the Fallon Village SEIR.
Project Impacts and Mitigation Measures
(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (farmland)
As described above, the project site is not used for agricultural production and is not designated Prime Farmland, Unique Farmland, or Farmland of Statewid e Importance.
Therefore, the proposed project would not convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or any other type of farmland to non‐agricultural uses. No new impacts or substantially mor
e severe significant impacts to Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance would occur. No additional analysis is required. (b) Conflict with existing zoning for agricultural use or a William Act contract The project site is currently classified as Planned Development (PD) Ordinance No. 32‐05 on the City’s Zoning Map. The project site is not currently used for agricultural purposes, not zoned for
agricultural uses, and is not protected by, or eligible for, a Williamson Act contract. Therefore, 290
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the proposed project would not conflict with existing zoning for agricultural uses or Williamson Act contracts.
(c) Conversion of land from Farmland or forest use
As described above, the project site is currently classified as Planned Development (PD) Ordinance No. 32‐05 on the City’s Zoning Map, which allows for a mix of residential and industrial uses on the project site. Neit
her the project site nor the surrounding area is zoned for agricultural use, forest land, timberland, or timberland production. (d) Result in loss of forest land or conversion of forest No forest or timberland exists on the project site or in the surrounding area and th e proposed project would not result in the loss of forest land or the conversion of forest land to non‐forest use.
(e) Conversion of Farmland, to non‐agricultural use or conversion of forest land to non‐forest use
None of the project parcels are currently used as farmland or forest land. The propose d project would not result in the conversion of farmland on or off the project site to non‐agricultural uses because there are no agricultural uses on or in the immediate vicinity of the project site.
Likewise, the proposed project would not result in impacts related to changes in the existing environm
ent that could result in the conversion of agricultural land to non‐agricultural uses.
Conclusion
The project does not propose substantial changes that were not previously analyzed in the EDSP EIRs that would require major changes to the EIRs. Based on the information in the EDSP EIRs and this environmental analysis, the project would not substantially increase the severity
of the previously identified agricultural impacts, nor result in new significant impacts to agricultural resources beyond what has been analyzed in the previous EDSP EIRs, and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required
.
Source(s)
California Department of Conservation (DOC). California Farmland Conservancy. California Important Farmland Finder. Website: maps.conservation.ca.gov/dlrp/ciff/ (accessed June 24, 2021).
Dublin, City of. 2017. City of Dublin General Plan, Adopted February 11, 1985 (Amended as of November 21, 2017).
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Dublin, City of. 2002. Final Revised Supplemental Environmental Impact Report, State Clearinghouse No. 2001052114, East Dublin Properties Stage 1 Development Plan and Annexation. March.
Haag, Jerry. 2005. Fallon Village Project, Final Supplemental Environmental Impact Report, State Clearinghouse No. 2005062010. November.
Wallace Roberts & Todd. 2016. Eastern Dublin Specific Plan. January 7, 1994 (Updated September
20, 2016).
Wallace Roberts & Todd. 1992. Final Environmental Impact Report, State Clearinghouse Number 91103064. Eastern Dublin General Plan Amendment and Specific Plan.
December 7.
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Air Quality
ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in the
Severity of an
Impact
Identified in the
EDSP EIRs
Equal or Less
Severe Impact
than Identified
in the EDSP EIRs
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non‐ attainment under an applicable federal or state ambient air quality standard?
X
c) Expose sensitive receptors to substantial pollutant concentrations?
X
d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
X
Environmental Setting
The proposed project is located in the City of Dublin and is within the jurisdiction of the Bay Area Air Quality Management District (BAAQMD), which regulates air quality in the San Francisco Bay Area. Air quality conditions in the San Francisco Bay Area have improved significantly since BAAQMD was created in 1955. Ambient concentrations of air pollutants and the number of days during which the region exc
eeds air quality standards have fallen
substantially. In Dublin, and the rest of the Air Basin, exceedances of air quality standards occur primarily during meteorological conditions conducive to high pollution levels, such as cold, windless winter nights or hot, sunny summer afternoons.
Within BAAQMD, ambi
ent air quality standards for ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter (PM10, PM2.5), and lead (Pb) have been set by both the State of California and federal government. The State has also set standards for sulfate and visibility. BAAQMD is under State non‐attainment status for ozone and particulate matter standards. BAAQMD is classified as non‐attainment for the federal ozone 8‐hour standard and non‐attainment for the federal PM2.5 24‐hour standard. 293
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Previous CEQA Documents
Eastern Dublin EIR
The Eastern Dublin EIR identified that mobile source CO emissions would be less than significant and construction dust emissions would be less than significant with implementation of mitigation measures identified in the Eastern Dublin EIR. In addition, the Eastern Dublin EIR identified that impacts associated with construction equipment/vehicle emissions, mobile source ROG and NO
x emissions, and stationary source emissions would be significant and unavoidable. Thus, a Statement of Overriding Considerations was adopted. The following mitigation measures would apply to the proposed project:
MM 3.11/1.0 The City of Dublin shall:
Require watering in late morning and at the end of the day; the frequency of watering should increase if wind exceeds 15 mph. Watering should include all excavated and graded areas and
material to be transported off‐site. Use
recycled or other non‐potable water resources where feasible. Require daily cleanup of mud and dust carried onto street surfaces by construction vehicles.
Require excavation haul trucks to use tarpaulins or oth er effective covers. Require that, upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible.
Require that unnecessary idling of construction equipment is avoided. Require that, after grading is completed, fugitive dust on exposed soil surfaces shall be controll
ed using the following methods:
o All inactive portions of the construction site should be seeded and watered until grass growth is evident.
o Require that all portions of the site shall be sufficiently watered to prevent excessive amounts of dust.
o Require that, at all times, the following procedures should be followe d:
On‐site vehicle speed shall be limited to 15 mph.
Use of petroleum‐based palliative shall meet the road oil requirements of the Air Quality District. Non‐petroleum‐based tackifiers may be required by the Public Works Director.
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The Public Works Department will handle all dust complaints. The Public Works Director may require the services of an air quality consultant to advice the City on the severity of the dust problem and additional ways to mitigate impacts on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be controlled. Co
ntrol measures shall be related to wind
conditions. Air quality monitoring of PM levels shall be provided as directed by the Public Works Director in Dublin.
MM 3.11/2.0 Minimize construction interference with regional non‐project traffic movement by:
Scheduling receipt of construction materials to non‐peak travel periods. Routing construction traffic through areas of least impact sensitivity. Limiting lane closures and detours to off‐peak travel periods. Providing ride‐share incentives for contractor and subcontractor personnel.
MM 3.11/
3.0 Require emissions control from on‐site equipment through a routine mandatory program of low‐emissions tune‐ups.
MM 3.11/4.0 Require preparation of a construction impact reduction plan that incorporates all proposed air quality mitigation strategies with clearly defined responsibilities for plan implementation and supervision.
MM 3.11/5.0 Exercise int
eragency cooperation with a sub‐regional and on a regional basis to integrate air quality planning efforts with transportation, transit, and other infrastructure plans.
MM 3.11/6.0 Maintain consistency among specific development plans and regional transportation and growth management plans.
MM 3.11/7.0 Implement transportation demand management (TDM) techniques to reduce mobile source emissions.
MM 3.11/
8.0 Optimize the existing transportation system to reduce congestion and shift travel to non‐peak travel periods.
MM 3.11/9.0 Coordinate levels of growth with roadway transportation facilities improvements to accommodate travel demand without inducing demand by providing excess system capacity.
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MM 3.11/10.0 Encourage mixed‐use development that provides housing, jobs, goods and services in close proximity.
MM 3.11/11.0 Require linkage between growth of housing and job opportunities consistent with a positive sub‐regional contribution to jobs/housing ratio balances.
MM 3.11/12.0 Stationary source emissions associated with Project development should also be minimized where feasible to reduce overall cumulati ve impacts. Minimum
energy conservation standards are established in Title 24 of the California Code of Regulations. Design practice can achieve a slightly greater level of conservation than the minimum standards. A conservation target level for some fraction of Eastern Dublin development of 10 percent above the minimum should be implemente d as an appropriate acknowledgement of the desired "environmentally‐friendly" community character for this Project.
MM 3.11/13.0 Solid waste recycling should be included in all development planning to ensure that recycling criteria specified in AB‐939 can be most easily met. 2002 SEIR
A review of potential operatio
nal air quality impacts was conducted as part of the 2002 SEIR.
The 2002 SEIR determined that no additional operational air quality impacts would occur beyond those identified at the time the Eastern Dublin EIR was certified; therefore, no new significant impacts related to air quality were identified .
Fallon Village SEIR
No additional impacts were identified in the Fallon Village SEIR. However, the Fallon Village SEIR identified the following supplemental mitigation measures that would be applicable to the proposed project:
SM‐AQ‐1: In addition to the measures identified in Mitigation Measure 3.11/1.0 of the East Dublin EIR, the City of Dublin shall:
a) Require construction contractors to water or cov
er stockpiles of debris, soil, sand
or other materials that can be blown by the wind.
b) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites.
c) Require construction contractors to install sandbags or other erosi on control
measures to prevent silt runoff to public roadways.
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SM‐AQ‐2: In addition to the measures identified in Mitigation Measure 3.11/5.0‐11.0 of the East Dublin EIR, the City of Dublin shall require that the following be implemented:
a) The Project proponent should coordinate with LAVTA for the eventual extension of transit service to the Project area. Project proponents should construct or reserve necessary right‐of‐way for transit facilities such as bus turnouts/bus bulbs, benches, etc.
b) Bicycle land and/or paths, connect
ed to community‐wide network should be
provided as part of the Stage 1 Development Plan.
c) Sidewalks and/or paths, connected to adjacent land uses, transit stops, and/or community‐wide network should be provided as part of the Stage 1 Development Plan.
d) Consider shuttle service to regional transit system or multimodal cent er.
e) Consider providing a satellite telecommute center for Project residents if this is feasible in terms of a convenient location.
f) Provide interconnected street network, with a regular grid or similar interconnected street pattern.
SM‐AQ
‐3: Same as Supplemental Mitigation AQ‐2.
Project Impacts and Mitigation Measures
(a) Consistency with air quality plans
BAAQMD’s Clean Air Plan is a comprehensive plan to improve Bay Area air quality and protect public health. The Clean Air Plan defines contr ol strategies to reduce emissions and ambient concentrations of air pollutants; safeguard public health by reducing exposure to air pollutants that pose the greatest heath risk, with an emphasis on protecting the communities most heavily affected by air pollution; and reduce greenhouse gas (GHG) emissions to protect the climate. Cons
istency with the Clean Air Plan can be determined if the project: (1) supports the goals of the Clean Air Plan; (2) includes applicable control measures from the Clean Air Plan; and (3) would not disrupt or hinder implementation of any control measures from the Clean Air Plan.
Clean Air Plan Goals.
The primary goals of the Bay Area Clean Air Plan are to: attain air quality standards; reduce population exposure and protect public health in the Bay Area; and reduce GHG emissions and protect climate.
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BAAQMD has established significance thresholds for project construction and operational impacts at a level at which the cumulative impact of exceeding these thresholds would have an adverse impact on the region’s attainment of air quality standards. The health and hazards thresholds were established to help protect public health. As discussed below in Section 3b, implementation of the p
roposed project would result in less‐than‐significant operation‐period emissions and, with implementation of implementation of Supplemental Mitigation Measure SM‐AQ‐1, as modified below, and Mitigation Measures 3.11/2.0 and 3.11/3.0 from the Eastern Dublin EIR, the project would result in less‐than‐significant construction‐period emissions.
Therefore, the project woul
d not conflict with the Clean Air Plan goals.
Clean Air Plan Control Measures.
The control strategies of the Clean Air Plan include measures in the following categories:
Stationary Source Measures, Transportation Measures, Energy Measures, Building Measures, Agriculture Measures, Natural and Working Lands Measures, Waste Management Measures, Water Measures, and Super‐ GHG Pollutants Measures.
Stationary Source Control Measures. The Stationary Source Control Measures, which are designed to reduce emissions from stationary sources such as metal melt ing facilities, cement
kilns, refineries, and glass furnaces, are incorporated into rules adopted by BAAQMD and then enforced by BAAQMD’s Permit and Inspection programs. Since the project would not include any stationary sources of emissions, the Stationary Source Control Measures of the Clean Air Plan are
not applicable to the project.
Transportation Control Measures. BAAQMD identifies Transportation Control Measures as part of the Clean Air Plan to decrease emissions of criteria pollutants, toxic air contaminants (TACs), and GHGs by reducing demand for motor vehicle travel, promoting efficient vehicles and transit service, decarbonizing transportation fuels, and electrifying motor vehicles and equipment. The project would subdivide the 40.2‐acre site into four parcels to accommodate proposed residential and industrial development within the EDSP area. The proposed project would increase pedestrian connectivity through the site and to adjacent developments, which would support the ability of employees and residents to use alternati ve modes of transportation.
Therefore, the project would promote BAAQMD initiatives to reduce vehicle trips and vehicle miles traveled (VMT) and would increase the use of alternate means of transportation.
Energy Control Measures. The Clean Air Plan also includes Energy Control Measures, which are designed to reduce emissions of crit eria air pollutants, TACs, and GHGs by decreasing the amount of electricity consumed in the Bay Area, as well as decreasing the carbon intensity of the electricity used by switching to less GHG‐intensive fuel sources for electricity generation.
Since these measures apply to electrical utility providers and local government agen cies (and not individual projects), the Energy Control Measures of the Clean Air Plan are not applicable to the project.
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Building Control Measures. BAAQMD has authority to regulate emissions from certain sources in buildings such as boilers and water heaters but has limited authority to regulate buildings themselves. Therefore, the strategies in the control measures for this sector focus on working with local governments that do have authority over local building codes, to facilitate adoption
of best GHG control practices and policies. The proposed project would be required to comply with the latest California Green Building Standards Code (CALGreen) standards. Therefore, the Building Control Measures of the Clean Air Plan are not applicable to the project.
Agriculture Control Measures. The Agriculture Control Measures are designed to primarily reduce emissions of methane. Since the project does not include any agricultural activities, the Agriculture Control Measures of the Clean Air Plan are not applicable to the project.
Natural and Working Lands Control Measures. The Natural and Working Lands Control Measures focus on increasing carbon sequestration on rangelands and wetlands, as well as encouraging local gov
ernments to enact ordinances that promote urban‐tree plantings. Since the project does not include the disturbance of any rangelands or wetlands, the Natural and Working Lands Control Measures of the Clean Air Plan are not applicable to the project.
Waste Management Control Measures. The Waste Management Measures focus on reducing or
capturing methane emissions from landfills and composting facilities, diverting organic materials away from landfills, and increasing waste diversion rates through efforts to reduce, reuse, and recycle. The project would comply with local requirements for waste management (e.g., recycling and composting services). Ther efore, the project would be consistent with the Waste Management Control Measures of the Clean Air Plan.
Water Control Measures. The Water Control Measures focus on reducing emissions of criteria pollutants, TACs, and GHGs by encouraging water conservation, limiting GHG emissions from publicly owned treatment works (POTWs), and promoting the use of biogas recovery systems.
Since these
measures apply to POTWs and local government agencies (and not individual projects), the Water Control Measures are not applicable to the project.
Super‐GHG Control Measures. The Super‐GHG Control Measures are designed to facilitate the adoption of best GHG control practices and policies through BAAQMD and local government agenci
es. Since these measures do not apply to individual projects, the Super‐GHG Control Measures are not applicable to the project.
Clean Air Plan Implementation.
As discussed above, the proposed project would implement the applicable measures outlined in the Clean Air Plan, including Transportation Control Measures. Therefore, the project would not disrupt or hinder implementation of a control measure from the Clean Air Plan. The EDSP EIRs did not evaluate consistency with the applicable clean air plan; however, because the proposed 299
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project would be consistent with the Clean Air Plan, the proposed project would not result in any new or more severe impacts compared to those previously identified in the EDSP EIRs. (b) Violate air quality standards or cause cumulatively considerable air pollutants Both State and federal governments have established health‐based Ambient Air Quali ty
Standards for six criteria air pollutants: CO, ozone (O3), NO2, SO2, Pb, and suspended particulate matter (PM). These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. As identified above, BAAQMD is under State non‐ attainment status for ozone, PM10, and PM2.5 standards. The Air Basin is also classified as non‐ attainment for both the federal ozone 8‐hour standard and the federal PM2.5 24‐hour standard.
Air quality standards for the proposed project are regulated by the BAAQMD CEQA Air Quality Guidelines. According to the BAAQMD CEQA Air Quality Guidelines, to meet air quality standards for operational‐related criteria air pollutant and air precursor impacts, the project must not:
Contribute to CO concentrations exceeding the Stat e ambient air quality standards; Generate average daily construction emissions of ROG, NOx, or PM2.5 greater than 54 pounds per day or PM10 exhaust emissions greater than 82 pounds per day; or Generate average operational emissions of ROG, NOx or PM2.5 of greater than 10 tons per year or 54 pounds per day or PM10 emissions greater than 15 tons per year or 82 pounds per day.
The following sections describe the proposed project’s construction‐ and operation‐related air quality impacts and CO impacts.
Construction Emissions. As discussed above, the EDSP EIRs found that that proposed development would result in significant and unavoidable impacts associated with construction activities. Mitigation Measures 3.11/1.0, 3.11/2.0, 3.11/3.0, and 3.11/4.0, and SM‐AQ‐1 were identified, but were insufficient to reduce impacts to a less‐than‐significant level.
During construction of the proposed project, construction dust would affect local and regional air quality at various times during the build‐out period of the project. The dry, windy climate of the area during the summer
months combined with the fine, silty soils of the region create a high potential for dust generation. Emissions during the grading phase of construction are primarily associated with the exhaust of large earth moving equipment and the dust which is generated through grading activities. Emissions in later stages of construction are primarily associated with construction employee commute vehicles, asphalt paving, mobile equipment, stationary equipment, and architectural coatings.
The effects of construction activities would be increased dustfall and locally elevated levels of PM10 near the construction activity. Depending on the weather, soil conditions, the amount of 300
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activity taking place, and nature of dust control efforts, these impacts could affect existing or future residential areas within or near the project.
Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. BAAQMD has established standard measures for reducing fugitive dust emissions (PM
10). With the implementation of these Basic Construction Mitigation Measures, fugitive dust emissions from construction activities would not result in adverse air quality impacts.
In addition to dust related PM
10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, ROGs and some soot particulate (PM2.5 and PM10) in exhaust emissions. If construction activities were to increase traffic congestion in the area, CO and other emissions from traffic would increase slightly while those vehicles are delayed. These emissions would be temporary and limited to the immediate area surrounding the construction site.
Construction emissions were estimated for the project using the California Emissions Estimator Model (CalEEMod) version 2020.4.0, consistent with
BAAQMD recommendations. The
proposed project would include phased construction, which would consist of a demolition phase from 2023 to 2024, grading phase from 2024 to 2025 and building construction from 2025 to 2026. Overall, construction of the proposed project is anticipated to last approximately 30 months, and is anticipated to be fully operati
onal by 2026, which was included in CalEEMod.
In addition, approximately 100 cubic yards of demolition waste would be generated by the proposed project, which was also included in CalEEMod. Cut and fill from project grading would be balanced on‐site. This analysis also assumes the use of Tier 2 constru ction equipment, as required by current CARB OFFROAD regulation. Construction‐related emissions are presented in Table C. CalEEMod output sheets are included in Appendix A.
Table C: Project Construction Emissions in Pounds Per Day Project Construction ROG NOx
Exhaust
PM10
Fugitive
Dust PM10
Exhaust
PM2.5
Fugitive
Dust PM2.5
Average Daily Emissions 9.7 28.6 0.8 2.6 0.8 0.8
BAAQMD Thresholds 54.0 54.0 82.0 BMP 54.0 BMP
Exceed Threshold? No No No No No No
Source: LSA (November 2021).
BMP = Best Management Practices
As shown in Table C, construction emissions associated with the project would be less than significant for ROG, NOx, PM2.5, and PM10 exhaust emissions. BAAQMD requires the implementation of the BAAQMD’s Basic Construction Mitigation Measures (best management 301
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 38
practices) to minimize construction fugitive dust impacts. The EDSP EIRs identified Mitigation Measure 3.11/1.0 and Supplemental Measure SM‐AQ‐1 to minimize emission of dust. BAAQMD has since adopted newer and more restrictive standards to reduce construction dust and construction vehicle emissions to which the project applicant must adhere in order to reduce this construction impact to a less‐than‐significant level. Supplemental Mitigation Measure SM‐ AQ
‐1, as identified in the Fallon Village SEIR, has been modified, as shown below, to include BAAQMD’s most current Basic Construction Measure. Mitigation Measures 3.11/2.0 and
3.11/3.0 would still be applicable to the proposed project.
SM‐AQ‐1: In addition to the measures identified in Mitigation Measure 3.11/1.0 of the East Dublin EIR, the City of Dublin shall:
a) Require construction contractors to water or cov
er stockpiles of debris, soil,
sand or other materials that can be blown by the wind.
b) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites.
c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways.
d) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. e) All haul trucks transporting soil, sand, or other loose material off‐site shall be covered.
f) All visible mud or dirt tracked‐out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
g) All vehicle speeds on unpaved roads shall be limited to 15 mph. h) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
i) Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
j) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
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k) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
l) A publicly visible sign shall be posted with the telephone number and person to contact at the City of Dublin regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations.
With implementation of Supplemental Mitigation Measure SM‐AQ‐1, as modified above, and Mitigation Measures 3.11/2.0 and 3.11/3.0, the proposed project would not result in any new or more severe impacts related to construction period emissions compared to those previously identified in the EDSP EIRs.
Operational Emissions. The EDSP EIRs found that proposed devel opment would result in significant and unavoidable impacts associated with operation activities. Mitigation Measures
3.11/5.0, 3.11/6.0, 3.11/7.0, 3.11/8.0, 3.11/9.0, 3.11/10.0, and 3.11/11.0 and SM‐AQ‐2 and SM‐ AQ‐3 were identified but were insufficient to reduce impacts to a less‐than‐significant level.
Long‐term air pollutant emission impacts associated with the proposed project are those related to mobile sources (e.g., vehicle trips),
energy sources (e.g., electricity and natural gas),
and area sources (e.g., architectural coatings and the use of landscape maintenance equipment).
PM10 emissions result from running exhaust, tire and brake wear, and the entrainment of dust into the atmosphere from vehicles traveling on paved roadways. Entrainment of PM10 occurs when vehicle tires pulverize small rocks and pavement and the vehicle wakes generate airborne dust. The contribution of tire and brake wear is small compared to the other PM emission processes. Gasoline‐powered engines have small rates of particulate matter emissions compared with diesel‐powered vehicles.
Energy source emissions result from activities in buildings for which electricity and natural gas are
used. The quantity of emissions is the product of usage intensity (i.e., the amount of electricity or natural gas) and the emission factor of the fuel source. Major sources of energy demand include building mechanical systems, such as heating and air conditioning, lighting, and plug‐in
electronics, such as refrigerators or computers. Greater building or appliance efficiency reduces the amount of energy for a given activity and thus lowers the resultant emissions. The proposed project would comply with the latest CALGreen Code, which was accounted for in the analysis.
Typically, area source emissions consist of direct sources of air emissions located at the project site, including architectural coatings and the use of landscape maintenance equipment. Area 303
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source emissions associated with the project would include emissions from the use of landscaping equipment and the use of consumer products.
Emission estimates for operation of the project were calculated using CalEEMod. Model results are shown in Table D. Trip generation rates for the project were based on the project’s trip generation estimate, as identified in the Transportation Impact Review, which estimates that the propos
ed project would generate approximately 2,630 average daily trips.
The primary emissions associated with the project are regional in nature, meaning that air pollutants are rapidly dispersed on release or, in the case of vehicle emissions associated with the project, emissions are released in other
areas of the Air Basin. The daily and annual
emissions associated with project operational trip generation, energy, and area sources are identified in Table D for ROG, NOx, PM10, and PM2.5.
Table D: Project Operational Emissions
ROG NOx PM10 PM2.5
Pounds Per Day
Area Source Emissions 17.0 1.2 0.1 0.1
Energy Source Emissions 0.3 2.8 0.2 0.2
Mobile Source Emissions 6.4 6.9 14.1 3.8
Total Project Emissions 23.7 10.9 14.4 4.2
BAAQMD Thresholds 54.0 54.0 82.0 54.0
Exceed Threshold? No No No No
Tons Per Year
Area Source Emissions 3.1 <0.1 <0.1 <0.1
Energy Source Emissions 0.1 0.5 <0.1 <0.1
Mobile Source Emissions 0.9 1.1 2.2 0.6
Total Project Emissions 4.1 1.6 2.3 0.6
BAAQMD Thresholds 10.0 10.0 15.0 10.0
Exceed Threshold? No No No No
Source: LSA (November 2021).
The results shown in Table D indicate the project would not exceed the significance criteria for daily or annual ROG, NOx, PM10 or PM2.5 emissions; therefore, the proposed project would not have a significant effect on regional air quality.
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Localized CO Impacts.The EDSP EIRs found that the project would generate additional traffic volumes, increasing local levels of carbon monoxide. However, the EDSP EIRs determined that such increases would be below the standard of air quality significance.
Emissions and ambient concentrations of CO have decreased dramatically in the Bay Area with the introduction of the catalytic converter in 1975. No exceedances of the State or federal CO standards have been recorde
d at Bay Area monitoring stations since 1991. BAAQMD’s 2017 CEQA Guidelines include recommended methodologies for screening and quantifying concentrations of localized CO levels for intersections that would be in a project vicinity. A screening level analysis using guidance from the BAAQMD CEQA Guidelines was performed to determine the impacts of the project. The screening meth odology provides a conservative
indication of whether the implementation of a proposed project would result in significant CO emissions. According to BAAQMD’s CEQA Guidelines, a proposed project would result in a less‐ than‐significant impact to localized CO concentrations if the following screening criteria are met:
The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, and the regional transportation plan and local congestion management agency plans.
Project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour.
The project would not increase traffic volumes at affected i ntersections to more
than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, or below‐grade roadway).
Implementation of the proposed project would no t conflict with the Alameda County Transportation Commission’s congestion management programs. The proposed project would generate approximately 246 AM peak hour trips and 266 PM peak hour trips; therefore, the project’s contribution to peak hour traffic volumes at intersections in the vicinity of the project site would be well below 44,000 vehicles per ho ur. Therefore, the proposed project would not result in localized CO concentrations that exceed State or federal standards. (c) Expose sensitive receptors to pollutant concentrations Sensitive receptors are defined as residential uses, schools, daycare centers, nursing homes, and medical centers. Individuals particularly vulnerable to diesel particulate matter are children, wh
ose lung tissue is still developing, and the elderly, who may have serious health problems that can be aggravated by exposure to diesel particulate matter. Exposure from diesel exhaust associated with construction activity contributes to both cancer and chronic non‐ 305
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 42
cancer health risks. The closest sensitive receptors to the project site include a residence located approximately 710 feet east of the project site along Collier Canyon Road.
The EDSP EIRs found that the project would not result in potential impacts related to substantial pollutant concentrations. Construction of the proposed project may expose surrounding sensitive receptors to airborne particulates, as well as a small quantity of
construction equipment pollutants (i.e., usually diesel‐fueled vehicles and equipment).
However, construction contractors would be required to implement BAAQMD’s Basic Construction Mitigation Measures as identified in the Fallon Village SEIR and Supplemental Mitigation Measure SM‐AQ‐1, as modified above. With i mplementation of modified Supplemental Mitigation Measure SM‐AQ‐1, project construction pollutant emissions would be below BAAQMD significance thresholds. Once the project is constructed, the project would not be a source of substantial pollutant emissions. Therefore, sensitive receptors are not expected to be exposed to substantial pollutant concentrations during project construction and operation.
(d) Od
ors
During construction, the various diesel‐powered vehicles and equipment in use on the site would create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the project site. The potential for diesel odor impacts is, theref
ore, considered to be less than significant. In addition, once the project is operational, it would not be a source of odors. Therefore, the proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
Conclusion
The project does not propose substantial change
s that were not previously analyzed in the
EDSP EIRs that would require major changes to the EIRs. Based on the information in EDSP EIRs and this environmental analysis, the project would not substantially increase the severity of the previously identified air quality impacts, nor result in new significant impacts.
With
adherence to applicable regulatory requirements and mitigation measures identified in the EDSP EIRs, as modified above, there would be no new or substantially more severe significant impacts to air quality resources beyond what has been analyzed in the previous EDSP EIRs, and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required.
Source(s)
BAAQMD. 2017. Final 2017 Clean Air Plan. April 19. Website:
www.baaqmd.gov/~/media/files/planning‐and‐research/plans/2017‐clean‐air‐ plan/attachment‐a_‐proposed‐final‐cap‐vol‐1‐pdf.pdf?la=en (accessed November 2021). 306
City of Dublin Branaugh Property Stage 2 Planned Development Initial Study | Page 43
Dublin, City of. 2017. City of Dublin General Plan, Adopted February 11, 1985 (Amended as of November 21, 2017).
Dublin, City of. 2002. Final Revised Supplemental Environmental Impact Report, State Clearinghouse No. 2001052114, East Dublin Properties Stage 1 Development Plan and Annexation. March.
Haag, Jerry. 2005. Fallon Village Project, Final Supplemental Environmental Impact Report, State Clearinghouse No. 2005062010. November.
Wallace Rob
erts & Todd. 2016. Eastern Dublin Specific Plan. January 7, 1994 (Updated September 20, 2016).
Wallace Roberts & Todd. 1992. Final Environmental Impact Report, State Clearinghouse Number 91103064. Eastern Dublin General Plan Amendment and Specific Plan.
December 7
307
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Biological Resources
ENVIRONMENTAL IMPACTS
Issues
New Significant
Impact
Substantial
Increase in the
Severity of an
Impact
Identified in
the EDSP EIRs
Equal or Less
Severe Impact
than Identified
in the EDSP EIRs
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special‐status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
X
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
X
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
X
Environmental Setting
The following discussion of biological resources within the project site is based on the results of the special‐status plant surveys and the wetland delineation prepared for the proposed project (Appendices B and C).
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Habitat Types
The project site consists primarily of undeveloped grazing ranchland and open space, but also includes some rural development in the northwest and southern portion of the project site. The land uses on nearby properties are largely agricultural, with residential, industrial, open space, and commercial uses as well. Five habitat types were identifi ed within the study area during the
plant surveys: California annual grassland (31.41 acre), seasonal wetland (0.18 acre), developed (8.23 acre), culvert (0.1 acre), and ephemeral stream (0.04 acre). These habitats are discussed below.
California Annual Grassland
The majority of the study area consists of California annual grassland habitat. Much of this grassland is currently dominated by a suite of non‐native grasses, such as meadow barley (Hordeum murinum), soft chess (Bromus hordeaceus), wild oats (Avena barbata and Avena fatua), and ripgut brome (Bromus diandrus). Common weedy (and non‐native) forbs include various species of filaree and
geranium (Erodium spp. and Geranium spp., respectively), shortpod mustard (Hirschfeldia incana), and black mustard (Brassica nigra).
Several invasive species occur in the study area, including but not limited to black mustard, wild oat, and Italian ryegrass (Festuca perennis). Ther e is even less diversity of species in the southern portion of the study area, where the alkaline soils were mapped, with the small patches of grassland dominated by filaree and geranium species and ripgut brome.
Developed
This habitat contains existing structures such as buildings, trailers, driveways, and parking lots.
Man‐made drainage ditches were also observed near the parking lot of the developed areas within the study area. This developed habitat type contains little to no vegetation and is not suitable for any rare plant species.
Ephemeral Drainage and Culvert
A single ephemeral drainage exists near the center of the study area and runs parallel to the fence that bounds the Branaugh property to the west. This segment of ephemeral drainage is rock‐lined and is fed by a culvert from which a small amount of water was observed flowing during the spring survey. This segment of ephemeral stream is approximately 100 feet long and 10 feet wide and is connected at the downstream end by a culvert which conveys flows under a road to a seasonal
wetland at its downstream end. This stream was verified by the United States Army Corps of Engineers (USACE) as part of the Dublin Boulevard Extension Project Jurisdiction
al Determination.
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Seasonal Wetland
Seven seasonal wetlands were mapped within the study area. Five of the seasonal wetlands are situated in subtle depressions within the study area, located adjacent to or within a swale/saddle between two hills in the northern portion of the study area. Two additional wetlands are in an excavated ditch west of the developed area . At the time of the spring survey, these wetlands were saturated with pockets of standing water. The seasonal wetlands were dominated by hydrophytic vegetation, including Mexican rush (Juncus mexicanus), Italian wild rye (Hordeum murinum), and English plantain (Plantago lancelota).
Previous CEQA Documents
Eastern Dublin EIR
The Eastern Dublin EIR identified potentially sign
ificant impacts related to direct habitat loss,
indirect habitat loss due to vegetation removal for construction and development activities, and loss or degradation of sensitive habitat. The Eastern Dublin EIR also identified potentially significant impacts related to special‐status wildlife, including San Joaquin kit fox, California red‐ legged frog (CR
LF), California tiger salamander (CTS), western pond turtle, tri‐colored blackbird, golden eagle, burrowing owl, American badger, special‐status invertebrates and others.
Mitigation measures were identified to reduce significant impacts. One significant and unavoidable impact was identified related to the cumulative loss or degradation of botanically sensitive habitat, and a Statement of Overriding Considerations was adopted.
The following
mitigation measures would apply to the proposed project:
MM 3.7/1.0 Direct disturbance or removal of trees or native vegetation cover should be minimized and be restricted to those areas actually designated for the construction of improvements.
MM 3.7/5.0 All areas of disturbance should be revegetated as quickly as possible to prevent erosion. Native trees (pre
ferably those species already on site), shrubs, herbs,
and grasses should be used for revegetation of areas to remains as natural open space.
The introduction of non‐native plant species should be avoided.
MM 3.7/14.0 The City should enact and enforc e an erosion and sedimentation control ordinance establishing performance standards to ensure maintenance of water quality and protection of stream channels. The ordinance should regulate grading and development activities adjacent to streams and wetland areas and require revegetation of all ground disturbance immediately after construction to reduce erosio n potential.
Until such an ordinance is in place, the City shall require project applicants to provide a detailed erosion and sedimentation control plan as part of the project submittal.
MM 3.7/16.0 Existing sensitive habitats shall be avoided and protected where feasible. 310
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MM 3.7/17.0 Construction near drainages shall take place during the dry season.
MM 3.7/19.0 The use of rodenticides and herbicides within the Project area should be restricted to avoid impacts on wildlife. The City shall require any poisoning programs to be done in cooperation with and under supervision of the Alameda County Department of Agriculture.
MM 3.7/20.0 The City shall require development applicants to conduct a pre‐ construction survey within 60 days prior to habitat modification (clearing construction and road site, etc.) to verify the presence of sensitive species, especially the San Joaquin kit fox, nesting raptors, the red‐legged frog, the western pond turtle, the California tiger salamander, the tri‐colored blackbird and
other species of concern.
MM 3.7/22.0 Maintain a minimum buffer (at least 100 feet) around breeding sites of the red‐legged frog, California tiger salamander and the western Pond turtle identified by MM 3.7/20.0.
MM 3.7/27.0 Maintain a minimum buffer (at least 300 feet) around known or those identified by pre‐construction surveys (MM 3.7/20.0) nesting sites of the burrowing owl
and breeding sites of the American badger during the breeding season to avoid direct loss of individuals (March – September).
2002 SEIR
The 2002 SEIR determined that implementation of the EDPO project would result in potentially significant supplemental impacts to seasonal wetlands and intermittent streams, sensitive habitats not previously analyzed, special‐status plant species, San Joaquin kit fox, California red‐ legged frog (CRLF), special‐status invertebrates, California tiger salamander (CTS), nesting raptors, golden eagle, burrowing owl, nesting passerines, and bat species. Supplemental mitigation measures were id
entified to reduce these impacts to a less than significant level. The following supplemental mitigation measures are applicable to the proposed project site:
SM‐BIO‐1 (reference only): A Resource Management Plan (RMP) shall be prepared for the Project area for the City of Dublin’s review and approval prior to or concurrent with submittal of any land use entitlement requests. The RMP shall include all properties in the Project area and any necessary off‐site mitigation lands, and address consistency with local policies, such as the Stream Restoration Program and the Grazing Management Plan and mitigation measures contained in the Eastern Dublin EIR and this SEIR (for the full text of this mitigation see Chapt
er 3.3 [in the SEIR]).
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SM‐BIO‐2: Plant surveys, as outlined in United States Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) protocols, shall be conducted across the Project area in early spring, late spring, and late summer to confirm presence or absence of special‐status plant species. Results of these surveys shall be addressed in the RMP (SM‐BIO‐1) and in project‐level envir
onmental review of all subsequent
development applications in the Project area.
SM‐BIO‐3: Once presence is determined for a special‐status plant species, areas supporting the species should be avoided to the extent feasible.
SM‐BIO‐4: If a special‐status plant species cannot be avoided, then the area containing the plant species must be measured and one of the follow ing steps must be taken to
ensure replacement on a 1:1 ratio (by acreage):
a) Permanently preserve, through use of a conservation easement or other similar method, an equal
amount of acreage either within the Project area or off‐site that contains the plant; or
b) Harvest seeds from the plants to be lost or use seeds from another source within the Tri‐valley area and seed an equal amount of area suitable for growing the plant either within the Project area or off‐site. Such area shall be preserved and protected in perpetuity. If the plants
fail to establish after a five‐year period,
then step “a” above must be implemented.
Prior to submittal of a Stage 2 development plan or tentative map, the developer shall submit a written report to the City for its review and approval
demonstrating how the developer will comply with this mitigation measure, including the steps it will take to ensure that transplanting or seeding will be successful.
SM‐BIO‐5: To the extent feasible, implementation of the Project through subsequent preparation
of Stage 2 development proposals on a property‐by‐property basis shall be designed to avoid and minimize adverse effects to waters of the United States (which include seasonal wetlands and intermittent streams) within the Project area. Examples of avoidance and minimization include (1) reducing the size of future individual development projects within the Project area, (2) design future development projects within the Project area so as to avoid and/or minimize impacts to waters of the United
States, and (3) establish and maintain wetland or upland vegetated buffers to protect open water such as streams. In order to protect the particularly sensitive Arroyo willow riparian woodland and
red‐legged frog habitat found in the Fallon Road drainage from Fallon Road upstream to its terminus, future development projects within the Project 312
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area either shall completely avoid this drainage or limit impacts to bridge crossings (as opposed to fill) or other such minimally impacting features.
SM‐BIO‐6: To the extent that avoidance and minimization are not feasible and wetlands, intermittent streams or other waters will be filled, such impacts shall be mitigated at a 2:1 ratio (measures by acr
eage) within the Project area if feasible, through the creation, restoration or enhancement of wetlands, intermittent streams or other waters. Such mitigation area shall be preserved and protected in perpetuity. Prior to submittal of a Stage 2 development plan or tentative map for any property within the Project area, the property owner shall submit a written report to the City for its review and approval
demonstrating how the owner will comply with this mitigation measure.
SM‐BIO‐7: If mitigation within the Project area is not feasible, then the developer shall mitigate the fill of wetlands or other waters at a 2:1 ratio (measured by acreage) at an off‐site locati
on acceptable to the City Such mitigation area shall be preserved and protected in perpetuity. Prior to submittal of a Stage 2 development plan or tentative map, the property owner shall submit a written report to the City for its review and approval
demonstrating how the owner will comply with this mitigation measure.
SM‐BIO‐8: Botanically sensitive habitats shall be included in and shall be protected and enhanced by implementation of the Resource Management Plan, as outlined in Mitigation Measure BIO‐SM‐1 above.
SM‐BIO‐9: Futu
re development of properties within the Project area shall comply with the amended Eastern Dublin San Joaquin Kit Fox Protection Plan which reflects the latest protocols for kit fox habitat evaluations, presence/absence surveys, pre‐ construction surveys and precautionary construction measures.
SM‐BIO‐10: San Joaquin kit fox habitat shall be included in and shall be protected and enhanced by implementation of the Resour
ce Management Plan, as outlined in
Mitigation Measure BIO‐SM‐1 above.
SM‐BIO‐11: Focused surveys following USFWS protocol shall be conducted in habitat considered suitable for CRLF on properties within the Project area which have not already been surveyed. The current protocol (US
FWS 1997b) requires that two daytime
and two nighttime surveys be performed over a suitable four‐day period. Results of these surveys shall be submitted to the City for review.
SM‐BIO‐12: Specific CRLF habitat areas, including the drainage upstream and east of the current Fallon Road alignment shall be included in
and protected and enhanced by
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implementation of the Resource Management Plan, as outlined in Mitigation Measure BIO‐SM‐1 above.
SM‐BIO‐13: To the extent feasible, development on individual properties within the Project area shall avoid all areas of identified suitable CRLF aquatic and dispersal habitat. Specifically, development should avoid aquatic habitat and provide a 300 to 500‐foot buffer on each side of any st
ream which provides CRLF habitat. Limited
permanent development may occur within this buffer zone (such as a trail through the length of the buffer zone, or a bridge crossing across the buffer zones) so long as it will have only minor impacts on the habitat. Limited temporary development activity may occur within this buffer zone to create trails, install bridges, etc. and to allow for grading activities along the edge of the buffer zone, so long as such activity will have only minor impacts on the habitat.
SM‐BIO‐14: If avoidance is infeasible, then mitigation lands providing similar or better habitat for CRLF at a 3:1 replacem
ent ratio or suitable ratio determined by the USFWS,
shall be preserved and protected in perpetuity. This mitigation, to be proposed in a mitigation and monitoring plan submitted to the City, shall be required prior to submittal of the Stage 2 Development Plans and tentative maps for any specific property within the Project area. In selecting off‐site mitigation lands, prefer ence shall
be given to preserving large blocks of habitat rather than many small parcels, linking preserved areas to existing open space and other high‐quality habitat, and excluding or limiting public use within preserved area
s. If the identified mitigation lands have been
approved by the City, the following guidelines [outlined in SM‐BIO‐15] implemented prior to and during construction would reduce impacts to individual CRLF and preserved CRLF habitat.
SM‐BIO‐15: The following construction‐relate
d CRLF avoidance and protection measures
shall be followed for all future development activity in the Project area, on a property‐ by‐property basis:
Prior to construction, a map shall be prepared to delineate upland areas from preserved wetland areas.
The wetland construction boundary shall be fenced to prohibit the movement of CRLF into the constru
ction area and control siltation and disturbance to
wetland habitat. Following installation of fencing, its property location shall be verified by a qualified biologist. The biologist shall ensure that at no time during construction is vegetation removed inside of the fenced area. If construction necessitates the remo
val of vegetation within the fenced area, additional
mitigation will be required. Additionally, the biologist shall walk the length of the fence once each construction day to ensure the CRLF are not trapped within 314
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the enclosure. The biologist shall walk the length of the fence more than once a day in areas where CRLF are most abundant.
Pre‐construction surveys within the construction zone shall be conducted by a qualified biologist with appropriate permits to handle CRLF. If no CRLF are detected during these surveys then construction activities may proceed. If CRLF are found within the construction disturbance zo
ne, they shall immediately be
moved passively, or captured and moved, to suitable upstream sites. All construction employees shall participate in an endangered species/special‐ status habitat education program to be presented by a qualified biologist prior to constru
ction activities. The program shall cover such topics as identifying wetland habitat and areas used by CRLF, identification by CRLF by photos, the state and federal Endangered Species Acts, and the consequence of violating the terms of these acts.
All construction adjacent to wetlands shall be regularly monitor ed to ensure that impacts do not exceed those included within the protect standards of the mitigations. Work performed within 500 feet of aquatic habitat shall be monitored by the biologist, who shall document pre‐project and post‐project conditions to ensure compliance.
During construction, the biologist shall be on‐site whenever construction within any aquatic habitats is to occur. Any construction activity within ordinary high water shall be photo documented by the biol
ogist. In addition, a biologist with
the appropriate permits to relocate CRLF shall be available for construction as needed.
SM‐BIO‐16: Special‐status invertebrate habitat shall be included in and shall be protected and enhanced by implementation of the Resource Management Plan, as outlined in Mitigation Measure BIO‐SM‐1 above.
SM‐BIO‐17: The following vernal pool habitat surveys and mitigation shall be implemented for each property within the Project area:
Surveys of potential habitat for special status invertebrates are required. If suitable habitat is identified, then such habitat shall be surveyed to determine whether it is occupied by special‐status invertebrates. If impacts to occupied habitat will occur (including direct impact as a result of habitat destruction, and indirect impact due to disturbance of areas within 250 feet of occupied habitat), the followin
g measures shall be followed:
a) Preservation: For every acre of habitat directly impacted at least two vernal pool credits shall be dedicated within a USFWS‐approved mitigation 315
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bank or, in accordance with USFWS evaluation of site‐specific conservation values, three acres of vernal pool habitat may be preserved within the Project area or off‐site as approved by the USFWS. b) Creation: For every acre of habitat indirectly impacted, at least one vernal pool credit shall be dedicated within a USFWS‐approved mitigation bank, or, in
accordance with USFWS evaluation of site‐specific conservation values, two acres of vernal pool habitat may be created and monitored within the Project area or on off‐site as approved by the USFWS. Vernal pool habitat and associated upland areas which are preserved on‐site shall be preserved and
managed in perpetuity.
All avoided habitat on‐site shall be monitored by a qualified biologist during the time of construction. The monitoring biologist shall have authority to stop all activities that may result in destruction or take of listed invertebrate species or destruction of their habitat. Resumption of construction shall occur afte r
appropriate corrective measures have been taken. The biologist shall report any unauthorized impacts to USFWS.
Fencing shall be placed and maintained around any and all preserved vernal pool habitat.
All on‐site construction personnel shall receive instruction regarding the presence of listed species and
their habitat maintained around any and all
preserved vernal pool habitat.
All on‐site construction personnel shall receive instruction regarding the presence of listed species and their habitat maintained around any and all preserved vernal pool habitat.
All on‐site construction personnel shall receive instr uction regarding the presence of listed species and their habitat maintained around any and all preserved vernal pool habitat.
All on‐site construction personnel shall receive instruction regarding the presence of listed species and their habitat.
SM‐BIO‐18: California tiger salamander habitat shall be included in and shall be protected and enhanced by implementation of a Resource Management Plan as
outlined in Mitigation Measure SM‐BIO‐1.
SM‐BIO‐19: If avoidance is infeasible, mitigation lands, providing similar or better aquatic and upland habitat for California tiger salamander (CTS) at a 1:1 ratio shall be set aside in perpetuity. Upland habitat shall be mitigated by preserving upland on‐site, or if necessary, by preserving current
ly occupied upland tiger salamander habitat off‐
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site. Aquatic habitat shall be mitigated by creating an equal number (or acreage) of new aquatic California tiger salamander breeding areas within the preserved upland habitat.
This mitigation, included in a mitigation and monitoring plan, shall be submitted to the City prior to submittal of Stage 2 development plans and tentative maps. In selecting off‐site mitigation lands, preference shall be given to pres erving large blocks of habitat
rather than many small parcels, linking preserved areas to existing open space and other high‐quality habitat, and excluding or limiting public use within preserved areas.
SM‐BIO‐20: A qualified biologist shall conduct pre‐construction surveys for nesting raptors. If an active nest is found the
following mitigation measures shall also be
implemented.
SM‐BIO‐21: If construction must occur during the nesting season, all potential nesting trees within the footprint of development should be removed prior to the nesting season to prevent occupied nests from being present
when construction begins.
SM‐BIO‐22: Construction should occur between August 1 and February 1 to avoid disturbance of nesting raptors during the nesting season. This construction window could be adjusted if monitoring efforts determine that nesting was completed before August 1.
SM‐B1O‐23: If removal of nesting trees is infeasible and construction mu st occur within
the breeding season, a nesting raptor survey shall be performed by a qualified biologist prior to tree disturbance.
SM‐BIO‐24: All active nests shall be identified by flagging and a buffer zone, depending on the species, shall be established around the nesting tree. Buffer zones shall be no smaller
than 200 feet.
SM‐B1O‐25: If construction is scheduled when young birds have not yet fledged, an exclusion zone around the nest shall be established or construction shall be delayed until after the young have fledged as determined by a qualified biologist.
SM‐BIO‐26: Nesting raptor habitat sha
ll be included in and shall be protected and
enhanced by implementation of the Resource Management Plan as outlined in Mitigation Measure SM‐BI0 1.