Dublin City Council
October 17, 2023

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. A notice of this hearing was also mailed to all property owners and tenants in the DDSP area, those within 300 feet of the DDSP boundaries, and all persons who have expressed an interested in being notified of meetings.

ATTACHMENTS:

1) Resolution Amending the General Plan and Downtown Dublin Specific Plan to Increase the Residential Development Potential by 465 Units, Decrease the Non-Residential Square Footage Permitted by 300,000 Square Feet, Increase the Height and Floor Area Ratio in “The Core” Area of the Retail District and Amend the Design Standards and Allowable Uses.
2) DDSP Amendments - Redlined Pages
3) CEQA Addendum
4) Planning Commission Resolution No. 23-07 Recommending that the City Council Amend the General Plan and Downtown Dublin Specific Plan
505
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9 RESOLUTION NO. xx - 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE GENERAL PLAN AND DOWNTOWN DUBLIN SPECIFIC PLAN TO

FURTHER IMPLEMENT THE DOWNTOWN DUBLIN PREFERRED VISION
PLPA-2023-00001
WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City and is approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north; and WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11 approving the DDSP and associated implementation actions. At the same time, the City Council adopted Resolution No. 08-11 certifying the Downtown Dublin Specific Plan Environmental Impact Report (DDSP) (EIR) (SCH# 2010022005, incorporated herein by reference). The DDSP EIR evaluated the potential impacts associated with intensifying development in the 284-acre Downtown Dublin area to accommodate additional residential and non-residential uses; and WHEREAS, Subsequent to adoption, the DDSP has been amended five times, including the 2020 DDSP Amendments focused on the initial implementation of the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019, which included three primary components: 1) Siting of a Town Square; 2) New Street Grid Network; and 3) Downtown Character; and
WHEREAS, the proposed amendments to the General Plan and DDSP further implement the Downtown Dublin Preferred Vision by increasing the residential development potential by 465 units and decreasing the non-residential square footage by 300,000 square feet, increasing the height and floor area ratio (FAR) in “The Core” area of the Retail District and amendments to the design standards and allowable uses, hereafter referred to as the “2023 DDSP Amendment” or the “Project;” and
WHEREAS, consistent with Section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under Section 65352.3; and
WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162(a) require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists:
506

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adoption measures or alternative; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis, as further detailed the Staff Report, dated October 17, 2023, and incorporated herein by reference, concluded that none of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review are met; the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in DDSP EIR and subsequent Addendums; no other CEQA standards for supplemental review are met and no further environmental review is required; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the proposed General Plan and Downtown Dublin Specific Plan Amendments, on September 12, 2023, at which time all interested parties had the opportunity to be heard; and WHEREAS, on September 12, 2023, the Planning Commission adopted Resolution No. 23-07 recommending that the City Council approve the 2023 DDSP Amendment, which Resolution is incorporated herein by reference; and
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WHEREAS, a Staff Report, dated October 17, 2023, and incorporated herein by reference, described and analyzed the 2023 DDSP Amendment for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the 2023 DDSP Amendment on October 17, 2023, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council considered the DDSP EIR and CEQA Addendum, all above- referenced reports, recommendations, and testimony to evaluate the Project.

NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the City Council finds that the General Plan amendments, as set forth below, are in the public interest and that the General Plan as amended will remain internally consistent.

BE IT FURTHER RESOLVEDthat the City Council finds that the Downtown Dublin Specific Plan amendments, as set forth below, are in the public interest will promote general health, safety and welfare, and that the Downtown Dublin Specific Plan as amended will remain internally consistent.

BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the General Plan:

District land use classification to increase the FAR to a maximum of 2.5 and the Downtown Dublin -Transit Oriented District land use classification to a maximum FAR of

2.5 to be consistent with Table 2.1 as follows:

B. DOWNTOWN DUBLIN SPECIFIC PLAN AREA
Downtown Dublin – Village Parkway District (Maximum FAR: .35; employee density: 200- 450 square feet per employee)
This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan.

Downtown Dublin – Retail District (Maximum FAR: 2.0 - 2.5; employee density: 200-450 square feet per employee)
This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan.

Maximum FAR is 2.5 in “The Core.” In “The Core”, the FAR may be spread through all developable parcels (this does not include the Town Square). Outside “The Core”, the maximum FAR is 2.0.

Downtown Dublin – Transit-Oriented District (Maximum FAR: 2.5; employee density: 200- 450 square feet per employee)
This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan.
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Table 2.1 shall be revised as follows: (Only the section of the table related to the DDSP area is shown here. All other sections of Table 2.1 remain the same):

Table 2.1 Land Use Development Potential: Primary Planning Area Downtown
Dublin
Specific Plan
Area
Acres Dwelling
Units/acre
Dwelling
Units
Persons/Dwelling
Unit Population
Downtown
Dublin 230.2 6.1-25.1+ 2,500 2.7 6,750
Downtown
Dublin
Specific Plan
Area
Acres
Maximum
Floor Area
Ratio (Gross)
Maximum
Potential
Square Feet4
Square
Feet/employee Jobs
Village
Parkway
District

32.9 .35 .50 200-450 1,115-2,508
Retail District 113.1 2.5 9.94,5 200-450 6,139-13,814
Transit-
Oriented
District

84.2 2.5 9.24 200-450 8,492-19,108
Total: 230.2 19.6 15,746-35,430
4 This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan.
5 Maximum FAR is 2.5 in “The Core”. In “The Core”, the FAR may be spread through all developable parcels (this does not include the Town Square). Outside “The Core”, the maximum FAR is .60.

BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the Downtown Dublin Specific Plan:

an allowed use in the Retail District and Transit-Oriented District and Prohibited in the Village Parkway Districts as follows:

Table 3-1: Land Uses
BUILDING USES 1 RETAIL

DISTRICT

TRANSIT-

ORIENTED

DISTRICT

VILLAGE

PARKWAY

DISTRICT
Research and Development Allowed7 Allowed7 Prohibited
7 Manufacturing uses are limited to less than 10% of the building area. A CUP is required for manufacturing uses greater than 10% up to maximum of 20% of the building area.

3.4.16 Research and Development
Any establishment which primary use is for research and development purposes including, but not limited to, science and engineering laboratories (research, development, and testing), quality assurance work (dimensional analysis), and software development and engineering. Limited 509

manufacturing uses are allowed as part of the primary use. Such uses may not generate nuisances related to emissions, noise, odors, and may not include outdoor storage and operations.

Table 3-3: Base and Maximum FAR Per District

DISTRICT BASE
FAR

MAXIMUM
FAR
Retail 0.35 2.0
The Core 0.50 2.5
Transit-
Oriented 0.50 2.5
Village
Parkway 0.35 0.35

This Specific Plan allows for a future construction of approximately 2.2 million square feet of non- residential development and 3,381 residential dwelling units (416 of these units are exempt from the Community Benefit Program as further described in Section 6.4 Development Pool and Community Benefit Program).

Table 3-4: Net New Development

DISTRICT
NON-

RESIDENTIAL
(SF)

RESIDENTIAL
(DU)

MINIMUM

RESIDENTIAL

DENSITY
Retail
1,866,810
(+150 hotel rooms)
3,381
22 units/net acre
Transit-
Oriented 30 units/net acres
Village
Parkway 20,730 No minimum
Total
1,962,540
(includes 150 hotel
rooms)
Notes. Includes projects that have been approved, but not yet constructed

Boulevard and San Ramon Road shall be amended to read as follows:
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LOT SIZE AND BUILDING PLACEMENT
4 Street Setback
from Dublin
Boulevard and
San Ramon
Road
10 ft. min at ground level.

The street setback may be improved as an extension of the public sidewalk if accessible to the public through an established easement.

Along Dublin Boulevard, upper floors above 20 ft. may reduce setback to 5 ft.

Res and 3 Building Height shall be amended to read as follows:

BUILDING DESIGN
1 Floor Area
Ratio (FAR)

0.35 base outside “The Core” and 0.50 in “The Core.”

2.0 max outside “The Core” and 2.5 max in “The Core.” In The Core, the FAR may be spread through all developable parcels (this does not include the Town Square) (required participation in the development density pool, an agreement with the City, and provision of a community benefit in compliance with the Community Benefit Program).1 511

2 Residential
Units
Not permitted west of San Ramon Road.

Allowed at a minimum density of 22 units per net acre.

Permitted within a mixed-use development if designed based on the following standards:
 The development includes ground floor retail or office space that equals an FAR of 0.3 min
 Retail or office space is built along at least 80% of the property’s total street frontage and set back no more than 10 ft. from the building setback requirement
 Common open space for the residential units are provided at a rate of 15% of the site’s total area
 The above standards may be modified through an SDR as part of a mixed-use development in the Town Core area.

Projects that include residential development within 1,000 ft. of either Interstate 580 or 680 (or less per Bay Area Air Quality Management District’s current guidelines) shall incorporate the following standards to minimize potentially adverse air quality affects:
 Configure the proposed buildings so that the bulk of the building is located farther from the highway.
 Place heating ventilation and air conditioning (HVAC) system intakes as far away from highway as feasible.
 Include high efficiency filters in the HVAC system (rated with a minimum efficiency rating value [MERV] of at least 13). This would also include a commitment to regular maintenance and replacement of filters as needed.
 Provide positive pressure with the HVAC system in all occupied spaces to prevent the incursion of outside air that bypasses the HVAC filters.
 To reduce the amount of outside unfiltered air indoors, do not place operable windows in close proximity to the highway. In addition, signs should be posted to keep exterior doors closed when not in use.
3 Building Height
8 floors and no more than 75 feet to the finished floor of the highest story. Maximum building height it 90 ft. (tower elements, architectural and articulated design features, solar panels, and small-scale wind turbines may extend 10 ft. max beyond this height). The height may be increased through an SDR in the Town Core area.

Minimum building height in “The Core” is 40 feet, except for structures within the Town Square.
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6 Storefront Awnings shall be amended to read as follows:

PROJECTIONS AND ENCROACHMENTS INTO SETBACKS
2 Stoops
Permitted for residential use only.
5 ft. min usable walkway must be maintained on private streets and 10 ft. on public streets.
3 Bay Windows
2 ft. max into all setbacks.
4 ft. max along Dublin Boulevard.
12 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces.
6 Storefront
Awnings
6 ft. max into all setbacks.
8 ft. max along Dublin Boulevard and Golden Gate Drive. 8 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces.

 At least 20% of the facade’s surface area should consist of windows (including glass on doors). Windows shall be provided on all floors of the building. Exceptions to window area may be approved for parking structures. See Section 4.4.14 for design guidelines for Parking Structures.

consistent with graphic on page 104 as follows:
 The length of parking spaces may be reduced by up to 2.5 feet if the vehicle will overhang a landscape planter which has been designed to accommodate the vehicle overhang plus additional space for planting. The planter shall be protected by a curb or wheel stop and should include low lying plants where the vehicle will overhang the planter.
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Table 6-1 shall be revised as follows:

Table 6-1: Development Pool

DISTRICT
NON-

RESIDENTIAL
SQUARE

FOOTAGE

NUMBER OF

RESIDENTIAL

DWELLINGS
Retail 1,020,220
(+150 hotel
rooms) 2,965
Transit-
Oriented
Village
Parkway 0
PASSED, APPROVED, AND ADOPTED this 17th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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L A N D U S E AN D D E V E L O P M E N T PLA N | 3 DOWNTOWN DUBLIN SPECIFIC PLAN 43

3.4 La nd Use Designation s
Within each of the Specific Plan districts, there are a variety of land uses that may be permitted. Table 3 -1: Land Uses, identifies the use s that are allowed, prohibi ted, and permitted with a use permit within each of the districts. Descriptions of ea ch land use ar e described belo w, and the Community Development Di rector can allow similar uses. In addition, the Downtown Dublin Preferred Vision sites a Town Square within the Retail District.

Table 3-1: Land Uses
BUIL DING USES 1 RETA IL

DISTRICT

TRA NSIT -

ORIENTED

DISTR ICT

V IL L A GE

PA RK WA Y

DISTRIC T
Regional Retail Allowed Prohibited 2 Prohibited
Community Retail Allowed Allowed Allowed
Outdoor Dining Allowed 3 Allowed 3 Allowed 3
Dining and/or Entertainment Allowed Allowed Allowed
Office Allowed Allowed Allowed
Lodging Allowed Allowed Prohi bited
Live -Work 5 Allowed 6 Allowed CUP/PC 4
Multi-Family R esidential 5 Allowed 6 Allowed Allowed Mixed-Use Non-Residential Allowe d Allowed Allowed
Mixed-Use Residential 5 Allowed 6 Allowed Allowed
Indoor Recre ation ZC or MUP/ZA ZC or MUP/ZA ZC or MUP /ZA Auto Service/Sales CUP/ZA CUP/PC CUP/ZA
Drive -Through and Drive-In Businesses CUP/PC CUP/PC CUP/PC Civic, Cultural, and In stitutional CUP/PC CUP/PC CUP/PC Town Square Allowed Prohibited Prohibited
Research and Developmen t Allowed 7 Allowed 7 Prohibited Temporary Uses TUP TUP TUP
Notes 1 Additional and similar uses may be permitted by the Community Development Director. 2 Prohibited unless adjacent to Dublin Boulevard.
3 Assuming accessibility (ADA) standards can be met.
4 May be permitted with a CUP/PC in a mixed-use development. 5 Subject to additional development s tandards if located within 1,000 feet of I-580 or I-680. 6 Allowed throughout the Retail District except on those properties west of San Ramon Road 67 Manufacturing uses are limited to less than 10% of the building area. A CUP is required for manufacturing uses greater than 10% up to maximum of 20% of the building area. .

CUP – Conditional Use Permit PC – Planning Commission
TUP – Temporary Use Permit ZA – Zoning Administrator
ZC – Zoning Clearance MUP – Minor Use Permit
Attachment 2
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L A N D U S E AN D D E V E L O P M E N T PLA N | 3 DOWNTOWN DUBLIN SPECIFIC PLAN 45

3.4.13 Civic, Cultural, and Institutio nal
Any establishment that is open to t he general publ ic or a group o f members that i nvolves gathering for religious, socia l, cultural, or educational purpo ses. Such uses include mu seums, churches, gathering halls, community centers, post office, and publ ic parking.

3.4.14 Temporary Uses
Any non-permanent use as defined by Chapter 8.108 (Temporary Use Permit), in the Zoning O rdinance.

3.4.15 Town Square
A one-acre park and pla za that serves as Downtown Dublin ’s central public gathering place.

3.4.16 Research and Developme nt
Any establishment which primary use is for research and development purposes including, but not limited to , science and engineering laboratories (research, developmen t, and testing), quality assurance work (dimensional analysis), and software development and engineering .

Limited manufacturing uses are allowed as part of the primary use . Such uses may not generate nuisances relate d to emissions, noise, odors, and may not include outdoor storage and operations.

3.5 Future Development Assumption s
Development activities under th is Specific Plan are anticipated to occur over the next 1 5 to 20 years. During that time, it is assumed tha t only a portion of the existing land us es will include new development and that many of the existing structures wi ll remain essential ly the same in their size and configuration but perhaps remodeled.

A brief assessment of development conditions since 2000 is described below, followed by a summary of future market demand. Bas ed on this information, future development assumptions for eac h district are identified, which will be use d as the basis for infrastr ucture improvements and potential environmental imp acts as described in the Downtown Dublin Specific Plan Environmental Imp act Report.

Past Development Activities
Downtown Dublin is lar gely built-out and there are v ery few vacant parcels on which new devel opment could occur. Future development will therefore occur as properti es are modified, in some cases at a higher density. Due to existing FAR and parking requireme nts, limited net new additional d ensity opportunities exist, particularly in the Village P arkway District.

Based on City estimates and as des cribed in the Downtow n Dublin Opportunities, Issues & Strategies Report (RBF Consulting, 2009), approximately 258,7 34 square feet of n on-residential development has occurred sinc e adoption of the West Dubl in BART, Downtown Core, and Village Parkway Specifi c Plans in December 2 000. With the exce ption of a senior residential de velopment (Wicklow Square) and senior cente r (15,300 square fe et), all of this development ( 243,434 square feet) has been commercial retail development. There has been no hotel, offic e or residential deve lopment constructed in the Downtown December 2000 through 2009 , despite the fact that the three above mentioned s pecific plans coll ectively allowed for nearly 3. 2 million square feet of retail/office/commercial space, 150 hotel rooms, and 740 residential dwelling units.

Large format retail has also been changing and now competes directly with online shopping. A more diverse and mixed development pattern is more likely to replace large format retail in due time.

Proposed New Development
Several new p rojects are either under co nstruction or have been entitled in the Specific Plan Area. The most signif icant development is the construction of the Wes t Dublin/Pleasanton BART Station. The station is being constructed within the median of Interstate 580 w ith pedestrian access north and south over both sections of the freeway. By the year 2013, the project is projected to a ccommodate 8 ,600 users per day .

Within the City of Dublin, a 713 -space parking garage has been constructed at the souther n terminus of Golden Gate Drive for BART commuters. As part of the BART project, a 150 -room hotel, 7,500 square fee t of retail space have been pl anned for (Stage I Development Plan), and 309 residential units (Essex) have been entitled west of Golden Gate Drive. 516
L A N D U S E AN D D E V E L O P M E N T PLA N | 3 DOWNTOWN DUBLIN SPECIFIC PLAN 47
Development Pl an
This Specific Pla n provides a development plan for the next 15 to 20 years.

Each Specifi c Plan district identifies a broad range of land uses that can be develope d, either outright or through a Conditional Use Permit. These land uses, which include re gional retail, community retail, office, residential, mixed use and public uses, are describ ed in detail in Section

3.4: Land Use Desig nations. This approach will al low greater flexibility in the ultimate development pat tern, while still maintaining a com mon vision for function and urba n character within Do wntown Dubli n.

For each district, this Specific Plan identifies a specific set of development standards that will apply to all new buildings an d significantly remodeled buildings. These standards includ e lot size and building placemen t, access, parking, building density or floor area ratio (FAR), and building height and setbacks.

The actual density of development al lowed on a particular parcel w ill be regulated by the F AR. This Specific Pla n identifies both a base FAR that is allowed outright and a maximu m FAR that can be constructed based on the use and district. If a property owner would like to develop a project beyond the base FAR, they may obtain additional square footage up to the maximum FAR by d rawing on the Develo pment Pool that has been established for spec ific uses in each district. The density Development Pool applies to b oth residential and non-residen tial development. As shown be low in Table 3 -3: Base and Maximum FAR Per Dis trict, the maximum FAR would be g reater than the base FAR for the Retail and Transit-Oriented Districts, but would remain the same in the Village Parkway Distric t.

Table 3-3: Base and Maximum FAR Per District

DISTRICT BA SE FA R M A XIM UM
FA R
Retail 0.35 2.0
The Core 0.50 2.5
Transit-Oriented 0.50 2.5
Village Parkwa y 0.35 0.35

Downtown Dublin is largely built out, which means that new development projects will prim arily replace (or expand upon) existing developments and land uses. Based on discussi ons with stakeholders, the general public, and City staff, as well as an assessment of u nderutilized parcels, a con servative estimate was made that 50% of the parcels wit hin Downtown Dublin could be privately developed with new d evelopment projects over th e next 15+ years.

This Specific Plan allows for a future construct ion of approximately 2.2 million square feet of non-residential development and 2,916 3,381 residential dwell ing units (416 of these u nits are exempt from the Community Benefit Program as further described in Section 6.4 Development P ool and Community Benefit Pr ogram).

Assuming an average of 1,200 square fe et per resid ential unit (and an average of 500 square fee t per hotel room), this represents 5.83 million square feet under this Specific Plan.

A breakdown of deve lopment potential (including base and maxim um FAR) by district is shown in T able 3-4: Net New Development. 517

3 | L A N D U S E A N D D E VE L O P M E N T P L AN 48 CITY OF DUBLIN
Table 3-4: Net New Development

DISTRICT NON -RESIDENTIA L
(SF)

RESIDENTIA L
(DU)

M INIM UM

RESIDE NT IA L

DE NSITY
Retail
2,166,810 1,866,810
(+150 hotel rooms)
2,916 3,381
22 units/net acre
Transit-
Oriented
30 units/net acres
Village
Parkway 20,730 No minimum
Total
2,262,540 1,962,540
(includes 150
hotel rooms)
2,916 3,381

Notes: Inclu des projects that have been a pproved, but not yet constru cted.

Includes 41 6 units which are exempt from the Devel opmen t Pool , as further discussed in Section 6.4: Development Pool and Commu nity Benefit Program .

While this represents th e theor etical buildout of net new development in Downtown Dublin, the ultimate amoun t of futu re development will l ikely be less due to non-tangibles such as market demand, ownership patterns, tenant lease terms, other available vacant land (e.g. East Dubli n), etc.

Additionally, Downtown Dublin is large ly developed, resulting in significa nt physical limitations such a s parcel confi gurations, parking, and circulation.

When a project applicant proposes t o develop using a portion of the density development poo l allocation, they will be required to enter int o an agreement with the City and pro vide a community benefit in ac cordance with the Community Benefit P rogram. The life of the agreement will be limited to a specific time peri od so that if a project is not constructed, the square footage can be returned to the density development pool and available for use by another d evelopment pro ject in the same Distri ct. See Section 6.4 for further discussion on th e density development poo l and Community Benefit Program .

518

4 | D E V E L O PM E N T S T A N D AR D S A N D D E S I G N G U I D E LI N E S 52 CITY OF DUBLIN
Dublin Boulevard or San Ramon Road
Other Streets
Buildable Area Required Setbacks
2 1
4 5
6 Residential Pro perty Non-Residential Property
7 7
7 Non-Residential Pr operty
1 2
1 2
4 Proper ty Line

L OT SIZE A ND BUIL DING PL A CEM ENT
1 Lot Width 1 50 ft min
2 Lot Depth 1 80 ft min
3 Lot S ize1 10,000 sf min
4 Street Setback from
Dublin Boulevard and
San Ramon Roa d
10 ft min
The street setback may be improved as an ex tension of the publ ic sidewalk if accessible to the public through an established easement . Along Dublin Bou levard, upper
floors above 20 ft may reduce setback to 5 ft.
5 Stree t Setback from
Other Stree ts
5 ft min
The stree t setback may be impro ved as an exten sion of the public sidewalk if accessible to the pub lic through an established easement
6 Internal Setback from
Prope rty Lines shared
with Residential Uses
15 ft min

7 Internal Setback from
Property Lines shared
with Non-Residential
Uses
Per Build ing Code
8 Freeway/Drainage
Channel Setback
10 ft min fro m property lin es adjacent to freeway or
drainage channel
9 Requir ed Frontage
Buildout 2 Not required
Notes 1 These standards only apply to new land subdivisions and do not apply to condomini um subdivisions
2 If residentia l units are provided, see buildout requirements in the Building Design table, below

Figure 4-3: Examples of Lot Size and Bu ilding Placements in the Retail District
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DE VE L O P M E N T S T AN D A R D S A N D D E S IGN G U I D E L I N E S | 4 DOWNTOWN DUBLIN SPECIFIC PLAN 57

BUI L DING DESIGN
1 Floor Area Ratio (FAR)

0.35 base, outside “The Core ” and 0.50 in “The Core ”

2.0 max outside “The Core” and 2.5 max in “The Core”. In this area, the FAR may be averaged across the parcels
(excluding the Town Square) (required participation in the development density pool, an agre ement w ith the City, and provision of a community benefit in compliance with the Community Benefit Pr ogram)1
2 Residen tial Un its
Not permitted west of San Ramon Road.

Allowed at a minimum density of 22 units per net acre.

Permitted within a mixed -use deve lopment if designed based on the foll owing standards:
◼ The dev elopment includes ground floor retail or
office space that equals an FAR of 0.3 min
◼ Retail or office space is built alo ng at least 80% of the property’s total street frontage and set back no
more than 1 0 ft from the buildin g setback
requirement
◼ Common open space for the re sidenti al units are
provide d at a rate of 15% of the s ite ’s total area
◼ The above standards may be modified through an
SDR as part of a mixed -use development in the
Town Core area.

Projec ts that include residential development within 1,000 ft. of either Interstate 580 or 680 (or less per Bay Area Air Quality Management District’s current g uidelin es) shall incorpor ate the following stan dards to minimize
potentia lly ad verse air quality affec ts:
◼ Configure the proposed buildings so that the bulk of
the building is located farthe r from the hig hway.
◼ Place heating ventilat ion and air conditioning
(HVAC) system intakes as far away from highway as
feasible.
◼ Includ e high efficiency filters in the HVA C system
(rated with a mi nimum efficiency rating value
[MERV] of at least 13). This wou ld also includ e a
commitment to regular ma intenanc e and
replacement of filters as needed.
◼ Provide positive pressure with the HVAC system in
all oc cupied spaces to preven t the incu rsion of
outside ai r that b ypasses the HVAC filters.
◼ To reduce the amount of outside unfilt ered ai r
indoors, do not pla ce opera ble windows in cl ose
proximity to the highway. In addition, sig ns should
be posted to keep exterior doors closed when not in
use.
3 Building H eight
6 8 floors and no more than 75 feet to the finished floor of the highest story. Maximum max building height is 90 feet (tower elem ents, architectura l and articulated design features, solar panels, and small-scale wind turbines may extend 10 ft max beyond this height). The height may be increased t hrough an SDR in the Town Core area.

Minimum building height in “The Core” is 40 feet, except for structures within the T own Square
4 Building Stepba cks Encouraged o n upper floors, but not requi red 5 Allowed Frontages 2
At le ast one of the following frontages (based on the ground floo r use) shall be provided on all facades that front a street:
◼ Anchor St orefronts
◼ Storefronts
◼ Office/Lodging Fronts
◼ Auto Service Fr onts
◼ Public Fronts

6. Ground Flo or
Commercial in “The
Core”
Minimum height of ground floor to second floor is 18 feet Provide a minimum of 50 feet of depth; 60 feet is preferable Space structural colum ns 30 feet apart
Notes 1 Refer to S ection 3 .5: Future Develo pment Assumptions 2 For frontage standards/guidelines, see Section 4.4: Design Standards and Guideli nes

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4 | D E V E L O PM E N T S T A N D AR D S A N D D E S I G N G U I D E LI N E S 58 CITY OF DUBLIN

PROJ E CTIONS A ND ENCROA CHM ENTS INTO SETBA CKS
1 Balconies
4 ft max into all setbac ks
12 ft min ve rtical cl earance required over si dewalks, walkways, and private outdoor s paces
2 Stoops
Permitted for residen tial us e only
5 ft min usable walkway must be maintaine d on private
streets and 10 ft on public streets
3 Bay Windows
2 ft max int o all setbacks
4 ft max along Dubl in Bou levard
12 ft min vertical c learance requi red over sidewalks, walkways, and private outdoor spaces
4 Window Sh ades
(Vertic al / Horizontal)
5 ft max in to all se tbacks
8 ft min vertical clearance required over sidewalks,
walkways, and private outdoor spaces
5 Trellises
5 ft max into all setb acks
8 ft min vertical cl earance required over sidewalks,
walkways, and pri vate outdoor spaces
6 Storefront Awning s
6 ft m ax into all setbacks
8 ft max along Dublin Boulev ard and Go lden Gate Drive 8 ft m in vertica l clearance required over sidewal ks, walkways, and private outdoor spaces
7 Roofs 5 ft max int o all setbacks
8 Project ing Signs
4 ft ma x int o all setbacks
8 ft min vertical clearan ce required o ver sidewalks , walkways, and private outdoor spaces
9 Buildi ng Lighting
3 ft max into all set backs
If extendi ng more than 6 i n from the facade, 8 ft min vertical clearance required over sidewalks, walkways, and private outdo or spaces

= Property Line
1 2
3 4
5 6
7 8
9 NOTE: Buildings shown built to setback line
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4 | D E V E L O P ME N T S T A N D A R D S A N D DE S I G N G U I D E L I N E S 86 CITY OF DUBLIN
Office/Lodging Fronts
The following guidelines apply to facades that are des igned with office/lodging fronts :
◼ At least 20 % of the facade’s surfac e area should consist of windows (including glass on doors). Windows shall be provided on all floors of the building. Exceptions to wind ow area may be approved for parking structures . See Section 4.4.14 for design guidelines for Parking Struc tures.
◼ Both common entrances (to lobb ies or interior courtyards) and private entrances (to individual busin ess suites on the ground floor) may be pro vided.
◼ Primary building entranc es should be highlighted and serve as the prominent building feature with elements such as (but not limited to) rece ssed or protr uding entries, tower elements, different materials/colors, decorati ve or display windows, shade structures or galleries, and special paving and landscapi ng.
◼ Awnings, marquees, window shades and trellis es, and secon d floor balconies are enco uraged to provide shade.
◼ Porte-cochere s (covered dr iveways providing temporary gues t registration parking and va let services) may be provided o n lodging fronts.
◼ Fences, walls, and hedges that are located along this fr ontage should not exceed a height of 40 inches.
◼ Raised planters are allowed between the sidewalk and the building. If a p lanter is raised, it should be ele vated a maximum of 40 inch es above the elevation of the adjacent sidewalk. Planters that are design ed to retain and filter stormwater runo ff from the roof are encou raged.

Examples of Office/Lo dging Fronts
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4.4.14 Parking Areas
Surface Parking Lots
◼ Where feasible, views of surfa ce parking ar eas from sidewalks should be minimized and parking should be loca ted internally and to the re ar of buildings that front a street. Landscaped buffers along the perimeter of surface parking areas should include a variety of trees, shrubs, and g roundcovers d esigned to soften views of parked vehicles from pedestrians walking along the sidewalk, walkway, or private outdoor space . These landscaped buffers may include fences, walls, or hedges.
◼ Surface parking areas should include measures to reduce impervious surfaces, including, but not limited to:
 Vegetated swales/planters;
 Green gutters and flow-through planters;
 Landscaped med ians/planters; an d
 Pervious/porous paving (for parking stalls, walkways, a nd driveways).
◼ Where feasible and appropriate, w alkways that connect surface parking areas to building entrances, sidewalks, private outdo or spaces, and additional parking areas shou ld be provided. ◼ The length of par king spaces may be reduced by up to 2 2.5 feet if the vehicle will overhang a landscape p lanter which has been designed to accom modate the vehicle overhang plus additional space for planting. The pla nter shall be protected by a curb or wheel stop and should include low lying plants where the vehi cle will overhang the planter.
◼ Where feasible, c onsider innov ative measures to manage stormwater with “leftover” space in fron t of angled parking stalls. ◼ Parking spaces with decorative a nd permeable pavers are strongly encouraged.
◼ Evergree n trees are encou raged within parking lots. ◼ Where on -site circula tion can be designed to permit it, shared acce ss to multiple parc els and businesses is strongly encouraged, ◼ A direct and clearly visible pedestrian connec tion shall be provided through the surface parking lot that connects to the primary building entrance and sidewalk.
◼ Landscaping and landscap e buffers along sidewalks should be attractive and shou ld encourage and provide interest to pedestrians. Features such as benches m ay be incorpora ted into these areas.
◼ Parking lots along sidewalks shall include perim eter shrubs w ith a minimum height of 3 feet to screen parked vehicles.
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Table 6-1: Development Poo l

DISTRIC T NON -RESI DENTI AL

SQ UA RE FOOTA GE

NUM BER OF

RE SIDENTIA L

DWEL L I NGS
Retail 1,320 1,020,220
(+150 hotel rooms) 2,500 2,965 Transit-Oriented
Village Parkway 0

The above De velopment Pool for the Transit-Oriented Distr ict includes t he AMB project (150,000 sq uare feet of offi ce and 308 residential dwellings), the Essex projec t (309 residential dwellings) and the BART hotel (150 hotel rooms and 7,500 square feet of c ommercial). In the event that these projects are constr ucted, the cor responding development potential will be removed from the Developme nt Pool. As these projects were ap proved prior to the adoption of this Specific Plan, the develop ers are not required to enter int o the Community Be nefit Progr am. If these pro jects are not constructed , the associated development pot ential will be made available to developers in the Transit-Oriented District. If only a porti on of one of these projects is constructed, the re maining development potential will be returned to the De velopment Pool for the Transit-Oriented District.

For all three districts, the density obtained from the Dev elopment Pool will be available to the pro perty owner for the period o f time specified in a binding agreement between the City and the developer. At the expiration of that period, the density will be retu rned to the Development Pool if the project has not been co nstructed.

The City will manage th e Development Pool and maintain an inventory of all projects that are develope d above the base FAR to ensure that development does not exceed the density cap in e ach district.

Community Benefit Program
A Community Benefit Program will be established to ens ure that developers provide a benefit to the Spec ific Plan Area in e xchange fo r receiving a higher density on their pro perty.

A developer who is taking part in the Community B enefit Program will be required to ente r into a binding agreement with the City t hat specifies the community benefit that will be provided in exchange for use of density from the pool. Th e City will n egotiate the terms of the A greement including the period during which the density will be avail able to the develope r and community benefi ts that will be provided by the developer.

A deve loper may be requir ed to provide one or a combination of benefits in relation to the density they are obtaining f rom the Pool. Improvemen ts or fees which are require d by the Municipal Code are not considered to be a community benefit a nd are regardless of the project status. Examples of appropriate community be nefits that might be prov ided by the dev eloper include the following.
◼ Public Plaza or gathering space;
◼ Public Parks or Outdoor Play Areas;
◼ Measures aimed at reducing Greenhouses Gases and
Transportation trips including charging stations for electric vehicles, preferre d parking for carpool vehic les, site specific transportation demand management programs, etc .;
◼ Sponsorship of a downtown s pecial event (e vent to be approved by the City);
◼ Public Safety e nhancements including substation, vehicle s, defibrillators, fire extin guishers, etc.;
◼ Enhanced streetscape improvements ( e.g. sidewalks, landscaping, fountains, etc .);
◼ Pedestrian connections to other sites o r facilities (e.g. easement dedications and path way improve ments). Note: This does not include pedestrian c onnections within the project site, which are requir ed by good site planning principles;
◼ Transit improveme nts (e.g., enhance or construct bus shelters); ◼ Payment into a Downtown Fund for future pu blic improvements; and
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2023 DDSP Amendment
CEQA Addendum
August 7, 2023
Planning Application Number: PLPA-2023-00001

Downtown Dublin Preferred Vision, November 2019
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2023 DDSP Amendment
CEQA Addendum
August 7, 2023
Project Description
The Downtown Dublin Specific Plan (DDSP) was adopted by the Dublin City Council in February of 2011 with the intent of encouraging development within the downtown area that would be more conducive to a more walkable, mixed development, and vibrant community. The DDSP includes three distinct districts (Retail, Transit-Oriented, and Village Parkway Districts ), with separate development standards for each. The DDSP Environmental Impact Report (EIR) (SCH #2010022005) was certified by the Dublin City Council concurrent with approval of the DDSP in 2011.

The proposed project (the project) will complete an amendment to the DDSP (2023 DDSP Amendment) which would:
▪ Add Research and Development as a n ew land use allowed in Retail District and Transit - Oriented District. Uses may include, but are not limited to, science and engineering laboratories (research, development, and testing), quality assurance work (dimensional analysis), and software development and engineering. Manufacturing uses are limited to less than ten percent of the building area. Such uses may not generate nuisances related to emissions, noise, odors, and may not include outdoor storage and operations. ▪ Increase the floor area ratio (FA R) from 2.0 to 2.5 for the defined “The Core” area located within the Retail District.
▪ Decrease the non-residential net new development and allowable allocation (Development Pool) by 300,000 square feet; Net New Development from 2,166,810 to 1,866,810 and the Development Pool from 1,320,220 to 1,020,220 square feet. ▪ Increase the residential allowable allocation (Development Pool) by 465 units; from 2,500 to 2,965 units.
▪ Increase the building height in the defined area of “The Core” area of the Retail Distri ct from six to eight floors and no more than 75 feet to the finished floor of the highest story. This change would be consistent with the Transit-Oriented District standards. ▪ Incorporate minor revisions to the development standards and design guidelines (e.g., street setbacks, stoops, storefront awnings, etc.) in the Retail District.

The project would increase the number of residential units and correspondingly decrease the amount of non-residential development in the plan area, thereby maintaining the sam e maximum level of development intensity (gross square footage) as analyzed in the DDSP EIR. 526
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Prior CEQA Analysis
Downtown Dublin Specific Plan EIR
The DDSP Environmental Impact Report (EIR) (SCH #2010022005) was certified by the Dublin City Council concurrent with approval of the DDSP in 2011 (City Council Resolution Nos 08-11 and 09-11). The EIR analyzed the environmental impacts of potential development associated with the DDSP in accordance with the California Environmental Quality Act (CEQA).

Subsequent Amendments
Subsequent to adoption, the DDSP has been amended five times, the latest occurring in November 2022. Two of these amendments included reappropriating the amount of residential and non-residential development in the Retail and Transit -Oriented Districts.

All amendments were reviewed and recommended by the Planning Commission and approved by the Dublin City Council. A CEQA Analysis with a supporting Initial Study was prepared as part of each of these amendments and adopted by the Dublin City Council.

Proposed CEQA Analysis in this Document
The City of Dublin (City) has determined that an Addendum to the DDSP EIR is the appropriate CEQA review for the project. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the project. The City prepared an Initial Study dated August 7, 2023, incorporated herein by reference, to assess whether any further environmental review is required for this Project. Through this Initial Study, the City has determined that no subsequent EIR or Negative Declaration is required per the following:

No Subsequent Review is Required per CEQA Guidelines Section 15162 CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions, the City has determined that no subsequent EIR or Negative Declaration is required for this project. This is based on the following analysis:
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 DDSP EIR. The project is similar to land uses for the project area analyzed in the DDSP EIR and there is no net change in overall development intensity, as amended. As demonstrated in the Initial Study, the project does not constitute a substantial change to the DDSP EIR analysis, will not result in additional significant impacts, and no additional or different mitigation measures are required.
b) Are there substantial changes in the conditions which the Project is undertaken involving new or more severe significant impacts?
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There are no substantial changes in the conditions assumed in the DDSP EIR, as amended.

The project will not change the net development intensity in the project area, as previously analyzed. This is documented in the attached Initial Study. c) Is there new information of substantial importance, which was not known and could not have been known 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 decl ined to adopt them; or mitigation measures considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them? As documented in the attached Initial Study, there is no new information showing a new or more severe significant effect beyond those identified in the prior CEQA documents.

Similarly, the Initial Study documents that no new or different mitigation measures are required for the project. All previously adopted mitigations continue to apply to the project. The CEQA documents adequately describe the impacts and mitigations associated with the proposed development on portions of the DDSP area. d) If no subsequent EIR-level review is required, should a subsequent negative declaration be prepared?
No subsequent Negative Declaration or Mitigated Negative Declaration is required because there are no significant impacts of the project beyond those identified in the DDSP EIR, as documented in the attached Initial Study.

Conclusion
This Addendum is prepared pursuant to CEQA Guidelines Section 15164 based on the attached Initial Study. The Addendum and Initial Study review the proposed 2023 Amendments to the DDSP as discussed above. Through the adoption of this Addendum and related Initial Study, the City determines that the above minor changes do 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 DDSP EIR adequately addresses the potential environmental impacts of the 2023 DDSP Amendment.

There are no project changes, new information or changed circumstances that would result in a new or substantial increase in severity of a sign ificant impact from those identified in the DDSP EIR because the proposed 2023 DDSP Amendment would not exceed the maximum allowable land development limits as defined in the DDSP EIR (as amended) . No standards for requiring supplemental environmental review under CEQA are met .

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.
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The Initial Study, the DDSP and EIR, and the previous amendments are incorporated herein by reference and are available for public review during normal business hours in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin, CA.

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2023 DDSP Amendment
CEQA Initial Study
August 7, 2023
Planning Application Number: PLPA-2023-00001

Downtown Dublin Preferred Vision, November 2019
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Table of Contents
Introduction 1
Project Background 3
Prior CEQA Analysis 3
Project Description 4
Environmental Checklist 7
Determination 9
Environmental Analysis 10

List of Tables
Table 1: Change in Project Traffic Trips 38

List of Figures
Figure 1: Project Location 2
Figure 2: Downtown Dublin Specific Plan Districts 3
Figure 3: Downtown Preferred Vision Town Square, Street Grid, and The Core 5

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2023 DDSP Amendment

Introduction
Project Title
2023 DDSP Amendment
(PLPA-2023-00001)
Lead Agency
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
Contact
Amy Million
Principal Planner
Phone: 925/833-6610
[email protected]

Project Location
The Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City of Dublin and is approximately 284 acres in size . The project area is g enerally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north. There are some partial boundary limits that extend beyond those roadways, most notably portions of San Ramon Road and Amador Valley Boulevard, and all of the Village Parkway , which are located within the Specific Plan area. See Figure 1: Project Location.
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Figure 1: Project Location

Project Applicant / Sponsor
City of Dublin
100 Civic Plaza
Dublin, CA 94568
General Plan Designation
▪ Downtown Dublin – Village Parkway District
▪ Downtown Dublin – Transit-Oriented District
▪ Downtown Dublin – Retail District
Zoning
▪ DDZD – Downtown Dublin Zoning District

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Project Background
The Downtown Dublin Specific Plan (DDSP) was adopted by the Dublin City Council in February of 2011 with the intent of encouraging development within the downtown area that would be more conducive to a more walkable, mixed -use, and vibrant community. The boundaries of the DDSP encompassed boundaries of five other specific plans that were dissolved when the DDSP was adopted. The DDSP includes three distinct districts (Retail, Transit -Oriented, and Village Parkway Districts), with separate development standards for each. See Figure 2: Downtown Dublin Specific Plan Districts.

Figure 2: Downtown Dublin Specific Plan Districts

Prior CEQA Analysis
Downtown Dublin Specific Plan EIR
The DDSP Environmental Impact Report (EIR) (SCH #2010022005 ) was certified by the Dublin City Council concurrent with approval of the DDSP in 2011 (City Council Resolution Nos 08-11 and 09-11). The EIR analyzed the environmental impacts of potential development associated with the DDSP in accordance with the Calif ornia Environmental Quality Act (CEQA). 534
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Subsequent Amendments
Subsequent to adoption, the DDSP has been amended five times, the latest occurring in November 2022. Two of these amendments included reappropriating the amount of residential and non-residential development in the Retail and Transit -Oriented Districts.

All amendments were reviewed and recommended by the Planning Commission and approved by the Dublin City Council. A CEQA Analysis with a supporting Initial Study was prepared as part of each of these amendments and adopted by the Dublin City Council.

Project Description
The proposed project (the project) is to complete an amendment to the DDSP (2023 DDSP Amendment) which would:
▪ Add Research and Development as a new land use allowed in Retail District and Transit - Oriented District. Uses may include, but are not limited to, science and engineering laboratories (research, development, and testing), quality assurance work (dimensional analysis), and software development and engineering. Manufacturing uses are limited to less than ten percent of the building area. Such uses may not generate nuisances related to emissions, noise, odors, and may not include outdoor storage and operations. ▪ Increase the floor area ratio (FAR) from 2.0 to 2.5 for the defined “The Core” area located within the Retail District (see Figure 3: Downtown Preferred Vision Town Square, Street Grid, and The Core).
▪ Decrease the non-residential net new development and allowable allocation (Development Pool) by 300,000 square feet; Net New Development from 2,166,810 to 1,866,810 and the Development Pool from 1,320,220 to 1,020,220 square feet. ▪ Increase the residential allowable allocation (Development Pool) by 465 units; from 2,500 to 2,965 units.
▪ Increase the building height in the defined area of “The Core” area of the Retail District from six to eight floors and no more than 75 feet to the finished floor of the highest story. This change would be consistent with the Transit-Oriented District standards. ▪ Incorporate minor revisions to the development standards and design guidelines (e.g., street setbacks, stoops, storefront awnings, etc.) in the Retail District .

The project would increase the number of residential units and correspondingly decrease the amount of non-residential development in the plan area, thereby maintaining the same maximum level of development intensity as analyzed in the DDSP EIR.

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Figure 3: Downtown Preferred Vision Town Square , Street Grid , and The Core

Other Public Agencies Whose Approval Is Required
None.
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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 explained 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 answers must indicate whether the impact is potentially significant, less-than-significant with mitigation, or less-than-significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that any effect may 537
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be significant. If there are one or more "Potentially Significant Imp act" 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 more 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 effects 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 effects 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
o The mitigation measure identified, if any, to reduce the impact to less than significance.

10. Have California Native American tribes traditionally and culturally a ffiliated with the project area requested consultation pursuant to Public Resources Code Section 538
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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 environmental 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 Commission’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. 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 project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the 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 project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the 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 described 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 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 measures that are imposed upon the project, nothing further is required.

X

CITY OF DUBLIN

_____________________ August 7, 2023
Amy Million, Principal Planner Date

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Environmental Analysis
The discussion below analyzes the potential environmental impacts of the project per the criteria as described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. For convenience, this analysis uses Appendix G of the CEQA Guidelines as a framework for analysis. As such, the checkboxes in the column labeled “Equal or Less Severe Impact than Identified in the DDSP EIR” in the tables below indicates that no new environmental review is required because none of the standards under Public Resources Code Section 21166 and CEQA Guidelines Section 15162 are met. There are no project changes, new information or changed circumstances that would result in a new or substantial increase in severity of a significant impact from those identified in the Downtown Dublin Specific Plan (DDSP) EIR because the proposed 2023 DDSP Amendment would not exceed the maximum allowable land development limits as defined in the DDSP EIR (as amended) . No standards for requiring supplemental environmental review under CEQA are met.

Aesthetics

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

1. AESTHETICS. Would the project:
a) Have a substantial adverse effect o n a scenic vista? ☒ b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?
☒
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
☒
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the
area?
☒
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Project Impacts and Mitigation Measures
(a) Scenic v istas, views
As described in the DDSP EIR, there are no designated scenic vistas in the vicinity of the project area and, therefore, there would be no impact.
(b) Scenic resources
Located in an urban setting, the project area is fully developed and there are no natural or built features that are considered scenic resources.

Portions of the project area are visible from Interstate -680 (an officially designated State Scenic Highway and a locally designated scenic route), Interstate -580 (a highway eligible for designation as a State Scenic Highway and locally designated scenic route), and San Ramon Road (a locally designated scenic route).

As described in the DDSP EIR, all proposed projects visible from Interstate-680 and Interstate- 580 would be subject to design review per polices of the General Plan . Furthermore, specific projects would be required to comply with the development standards and be consistent with the design guidelines as identified in the DDSP, as amended. (c) Conflict with applicable zoning and other regulations governing scenic quality The project area is located in an urban built -out area and is adjacent to two major interstate freeways.

The DDSP EIR concluded that impacts to the existing visual character wou ld be less than significant. The project would increase the building height in the defined area of “The Core” area of the Retail District from six to eight floors and no more than 75 feet to the finished floor of the highest story. This change would be consistent with the Transit-Oriented District standards.

All new development projects would be required to comply with the FAR, as amended. Future projects would also be required to comply with other existing development standards and be consistent with the design guidelines as identified in the DDSP.

These DDSP changes to the development standards and design guidelines (as amended) would not conflict with zoning or other regulations governing scenic quality. (d) Create a new source of substantial light or glare
The project area is located within an urban area that produces considerable light and glare .

Newly proposed development projects would be required to comply with the DDSP which includes a number of specific design guidelines that address light and gl are.

The DDSP EIR concluded that impacts from light and glare would be less than significant. The project would continue to require that all new development projects comply with the DDSP design guidelines regarding light and glare.
542
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Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR 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, there would be no new or substantially more severe significant impacts to aesthetic resources beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Agricultural and Forestry Resources

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSPEIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

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 impac ts 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?
☒
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ☒
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 ?
☒
d) Result in the loss of forest land or conversion of forest land to non -forest use? ☒
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion ☒
543
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ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSPEIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR
of Farmland, to non -agricultural use or conversion of
forest land to non -forest use?
Project Impacts and Mitigation Measures
(a-e) Convert farmland or conflict with zoning
The project area is located in an urbanized setting where there are no agricultural or forestry resources. As described in the DDSP EIR, agricultural and forestry resources were not analyzed as they were determined to be an “effect found not to be significant” and, therefore, there would be no impact on agricultural and forest resources and no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Air Quality

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the
Severity of
an Impact
Identified
in the

DDSPEIR
Equal
or Less
Severe
Impact
than
Identifi
ed in
the
DDSP
EIR
a) Conflict with or obstruct implementation of the
applicable air quality plan? ☒
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 ?
☒
c) Expose sensitive receptors to substantial pollutant
concentrations? ☒
d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people? ☒ 544
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Project Impacts and Mitigation Measures
(a) Consistent with air quality plans
As described in the DDSP EIR, short-term air quality impacts associated with construction would be anticipated with future development projects; however, all development within the project area would be required to comply with the Bay Area Ai r Quality Management District (BAAQMD) control measures identified in the DDSP EIR.

Additionally, the DDSP EIR concluded that the DDSP is consistent with population growth assumptions in the BAAQMD Clean Air Plan, and it is anticipated to reduce vehicle miles traveled due to the DDSP guiding principles to create a walkable, transit -oriented, and mixed- use community. The project does not increase the overall net development intensity in the DDSP, as amended. As such, the project would not conflict with or obstruct implementation of an air quality plan.
(b) Project emissions
Because all future development projects would be required to comply with the design standards in the DDSP and applicable air quality regulations as identified in the DDSP EIR, the project would not conflict with or obstruct the air quality plan, violate air quality standards, nor result in cumulatively considerable net increase in any criteria pollutant. (c) Expose sensitive receptors to pollutant concentrations and create odors As described in the DDSP EIR, because all future development projects that generate toxic air contaminants are required to comply with BAAQMD rules, regulations, and permitting requirements, and all projects are required to comply with the California Air Re sources Board’s rules and regulations and implement any applicable toxics control measures, the project would not expose sensitive receptors to pollutant concentrations and create odors.

With adherence to applicable regulatory requirements, there will be no new or substantially more severe significant impacts to exposing sensitive receptors to substantial pollutant concentrations beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met.
(d) Odors
As described in the DDSP EIR, odors anticipated within the project area would result from construction activities and business operations (e.g., odors from restaurants or waste receptacles). Construction odors would be temporary and are not generally considered offensive. Future uses would be required to comply with City regulations as defined in the Dublin Municipal Code (Chapter 8.24: Commercial Zoning Districts, Chapter 8.64: Home Occupations Regulations, and Chapter 8.20: Residential Zoning Districts) which minim ize operational odors. Therefore, impacts would remain less than significant. 545
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Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the informatio n in the DDSP EIR 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, there would be no new or substantially more severe significant impacts associated with air quality resources beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met .

Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Biological Resources

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSPEIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

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 Fis h and Wildlife or U.S. Fish and Wildlife Service?
☒
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?
☒
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?
☒
d) Interfere substantially w ith the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
☒
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ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSPEIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR
corridors, or impede the use of nati ve wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
☒
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?
☒
Project Impacts and Mitigation Measures
(a-f)
The project area is located in an urbanized setting, is primarily development and has been disturbed through prior development. As described in the DDSP EIR, biological resources were not analyzed as they were determined to be an “effect found not to be significant.” Therefore, there will be no impact on biological resources.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Cultural Resources

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSPEIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines
Section 15064.5?
☒
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? ☒ 547
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ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSPEIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR
c) Disturb any human remains, including those interred
outside of dedicated cemeteries? ☒
Project Impacts and Mitigation Measures
(a-c)
The project area is located in an urban setting and most of the area has been disturbed through prior development. As described in the DDSP EIR, cultural resources were not analyzed as they were determined to be an “effect found not to be significant.” Therefore, there would be no impact on cultural resources.

While the likelihood of finding archaeological resources is extremely low, Chapter 8.48 Archaeological Resources Regulations of the City of Dublin Municipal Code outlines a process to protect archaeological resources and prehistoric or historic artifacts that are discovered during any construction or excavation, which will be adhered to.

Additionally, all development projects constructed subsequent to certification of the 2023 DDSP Amendment are required to comply with Section 7050.5 of the California Health a nd Safety Code in the event of the discovery or recognition of any human remains in any location other than a dedicated cemetery during future development activities. Section 7050.5 requires that there is no further excavation or disturbance of the area, or any nearby area reasonably suspected to overlie adjacent remains. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within 24 -hours of identification.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project will not substantially increase the severity of the previously identified cultural resources impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements, there will be no new or substantially more severe significant impacts to cultural resources beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010. 548
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Energy

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

13. ENERGY. Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
☒
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? ☒
(a-b) Wasteful consumption of energy resources and c onflict with local plan for renewable energy
At the time the DDSP EIR was prepared, the Environmental Checklist Form (Appendix G of the CEQA Guidelines) did not include energy. Therefore, the DDSP EIR did no t specifically analyze impacts to energy.

Because the DDSP EIR has been certified, the determination of whether energy needs to be analyzed for this project is governed by the law on supplemental or subsequent EIRs (Public Resources Code Section 21166 and CEQA Guidelines, Sections 15162 and 15163). Energy is not required to be analyzed under those standards unless it constitutes “new information of substantial importance, which was not known and could not have been known at the time” the DDSP EIR was certified as complete. (CEQA Guidelines Section 15162 (a)(3).) Energy impacts were not analyzed in the DDSP EIR; however, this impact is not new information that was not known or could not have been known at the time the previous EIR was certified.

The issue of energy was widely known prior to the certification of the DDSP EIR, particularly in context to the environmental effects associated with greenhouse gas emissions.

Under CEQA standards, energy is not new information that requires analysis in a supplemental EIR or Negative Declaration. No supplemental environmental analysis of the project's impacts on this issue is required under CEQA.

Additionally, as described in the DDSP EIR, development under the DDSP includes mixed-use, commercial, and transit -oriented development. The DDSP EIR concluded that construction fuel consumption associated with the DDSP would not be any more inefficient, wasteful, or 549
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unnecessary than other similar development projects. Additionally, the public transit services and proximity to the West Dublin / Pleasanton BART station would help ensure that implementation of the DDSP would not result in the inefficient, wasteful, or unnecessary consumption of transportation energy.

Newly proposed development projects in the DDSP would be required to comply with all Federal, State, and local requirements for energy efficiency, including Title 24 of the California Code of Regulations regarding building energy efficiency standards. In addition, Chapter 7.94, Green Building, of the City of Dublin Municipal Code encourages sustainable construction in the following categories: planning and design, energy efficiency, water efficiency and conservation, materials conservation and resource efficiency and environmental quality. The type of development would not change as a result of this project and, therefore, impacts on energy consumption would remain less than significant.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified energy impacts, nor result in new significant imp acts.

With adherence to applicable regulatory requirements, there would be no new or substantially more severe significant impacts to energy resources beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Geology and Soils

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

6. GEOLOGY AND SOILS . Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:

i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist -Priolo Earthquake Fault
☒
550
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ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR
Zoning Map issued by the State Geologist for the
area or based on other substant ial evidence of a
known fault?
ii) Strong seismic ground shaking? ☒
iii) Seismic-related ground f ailure, including
liquefaction? ☒
iv) Landslides? ☒
b) Result in substantial soil erosion or the loss of topsoil? ☒ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on - or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
☒
d) Would the project be located on expansive soil, as
defined in Table 18-1-B of the Uniform Building Code
(1994), creating substanti al direct or indirect risks to life or property?
☒
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative
wastewater disposal system s where sewers are not
available for the disposal of wastewater?
☒
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☒
Project Impacts and Mitigation Measures
(a, i-iii) Seismic hazards
As described in the DDSP EIR, there are three faults within six miles of the project area and future development projects may be subject to liquefaction. Mitigation Measure 3.3-1 requires project applicants to consult with a registered geotechnical engineer t o complete a site-specific geotechnical investigation prior to development of individual projects. The project will comply with Mitigation Measure 3.3 -1 in all respects, including reviewing ground shaking and liquefaction effects. Recommendations made by the geotechnical engineer will be incorporated into the project plans. Future development project will also be required to comply with the latest version of the California Building Code which includes design standards to protect 551
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structures from seismic haza rds. Therefore, these impacts will be reduced to a less than significant level.
(a, iv) Landslides
As described in the DDSP EIR, the project area is relatively flat, lacks steep slopes, and is not within a seismic hazard zone where landslides may occur dur ing a strong earthquake and, therefore, there would be no impact.
(b) Erosion/topsoil loss
As described in the DDSP EIR, future development could result in soil erosion or loss of topsoil during construction. Mitigation Measures 3.5-1a and 3.5-1b require compliance with the City’s Public Works Department Policy No. 95-11, National Pollutant Discharge Elimination System permit process, and the City’s Building Code requirements. Compliance with Mitigation Measures 3.5-1a and 3.5-1b during construction would continue to mitigate impacts to soil loss and erosion to less than significant levels.
(c-d) Soil stability
As described in the DDSP EIR, the project area does not exhibit characteristics of expansive soils; however, site-specific soil evaluations and adherence to City and State building codes is required as part of any proposed development.
(e) Soil capability to support wastewater disposal, including septic As described in the DDSP EIR, the project area does not exhibit characteristics of expansive soils and wastewater sewers will be available to all new development projects. Therefore, there will be no impact.
(f) Paleontological/unique geological resources
As described in the DDSP EIR, the project area is located in an urban setting a nd has been disturbed through prior development. There are no identified cultural resources within the project area and, therefore, there will be no impact to paleontological or unique geologic resources.

While the likelihood of finding unrecorded and unidentified artifacts is extremely low, regulatory requirements identified within the DDSP EIR with respect to the discovery of potential cultural resources during construction will continue to apply.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that will require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project will not substantially increase the severity of the previously identified geology and soils impacts, nor result in new significant impacts. 552
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With adherence to applicable regulatory requirements and mitigation measures, there would be no new or substantially more severe significant impacts to the discovery of potential cultural resources beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Greenhouse Gas Emissions

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

7. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☒
b) Conflict with applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
☒
Project Impacts and Mitigation Measures
(a-b) Generate greenhouse gas (GHG) emissions or conflict with GHG plans or regulations As described in the DDSP EIR, California is a substantial contributor of global greenhouse gases, emitting over 400 million tons of CO 2 a year and that it is not anticipated that any single development project would have a substantial effect on global climate change.

Greenhouse gas emissions from the project would include emissions from area sources and mobile sources associated with new projects. Cumulative GHG emissions could occur as a result of future development under the DDSP. This development was previously considered, and the project will not result in a substantial change than what was analyzed in the DDSP EIR.

Additionally, future projects within the project area and the rest of the City would be reviewed on a project-by-project basis to ensure their compliance with the City’s Climate Action Plan 2030 and Beyond to determine if any i mpacts would occur beyond those already identified in DDSP EIR. Furthermore, the DDSP includes several measures that would help to reduce GHG emissions.

The project is consistent with the overall goals of the Metropolitan Transportation Commission’s Plan Bay Area 2040 Regional Transportation Plan/Sustainable Communities 553
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Strategy in concentrating new development in locations where there is existing infrastructure , as well the GHG reduction planning efforts and housing performance targets outlined in Plan Bay Area 2040.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified GHG impacts, nor result in new significant impacts .

With adherence to required applicable regulatory requirements and plans, there would be no new or substantially more severe signifi cant impacts to cumulative GHG emissions beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

City of Dublin Climate Action Plan 2030 and Beyond, 2020

Hazards and Hazardous Materials

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

8. HAZARDS AND HAZARDOUS MATERIALS . Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☒
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
☒
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school?
☒
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
☒
554
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ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR
would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in t he project area?
☒
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☒
g) Expose people or structures , either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
☒
Project Impacts and Mitigation Measures
(a-b) Transport, use or disposal of hazardous materials As described in the DDSP EIR, new projects could involve the transport, use, disposal, and release of hazardous materials during construction and may result in the demolition and removal of structures which may contain asbestos and/or lead based paints. Mitigation Measures 3.5-1a, 3.5-1b, and 3.4-1 within the DDSP EIR will continue to apply, requiring compliance with the Regional Water Quality Control Board (RWQCB) and preparation of a stormwater pollution prevention plan (SWPPP). A SWPPP is designed to reduce the risk of spills or leaks from reaching the environment. The SWPPP would also include a Spill Response Plan to address minor spills of hazardous materials. Compliance with SWPPP requirements would ensure that potential significant hazards associated with routine transport, use, or disposal of hazardous materials during and after construction would be less than significant.

Additionally, prior to demolition of structures constructed prior to 1980 (when asbestos and lead based paints were commonly used), a qualified environmental specialist shall inspect the buildings to determine the presence of asbestos and/or lead based paints. If found, subsequent permits and approvals would be required along with the appropriate disposal of the contaminated materials . Any hazardous materials stored and used at in the project area as part of a development project would be required to be managed in accordance with applicable local, State, and federal hazardous materials regulations that would reduce risks associated with leakage, explosions, fires, or the escape of harmful gases. 555
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With incorporation of these mitigation measures and adherence to all regulations, impacts would remain less than significant.
(c) Emit hazardous materials withi n one-quarter mile of an existing or proposed school As described in the DDSP EIR, Nielsen Elementary School (7500 Amarillo Drive, Dublin) is located within a quarter mile of the project area and new businesses that are located near residential areas or sc hools may expose these sensitive uses to a greater risk of exposure to hazardous materials, wastes, or emissions. However, all new projects would be required to comply with regulations established by federal, state and local regulatory agencies. Compliance with these regulations will ensure that potential impacts to sensitive uses will not result in a substantially more severe significant impact beyond was previously analyzed in the DDSP EIR. (d) Listed as a hazardous materials site
As described in the DDSP EIR, the project area is not located on a hazardous material site pursuant Government Code Section 65962.5, however, there are three Cleanup Program Sites within the project area that are currently (2023) being monitored by the RWQ CB. Two of these sites are on Dublin Boulevard (Shamrock Ford and Aster Apartments), and one site is on San Ramon Road (Crow Canyon Cleaners). Mitigation Measure 3.4 -2 within the DDSP EIR would continue to apply to new projects and will require the prepara tion of a Phase I Environmental Site Assessment and subsequent testing. Therefore, impacts would remain less than significant. (e) Proximity to a public airport
As described in the DDSP EIR, the project area is not located within an airport land use plan o r within the vicinity of a private airstrip and , therefore, there would be no impact. (f) Impair implementation of an emergency response plan or emergency evacuation plan The City uses the Tri-Valley Local Hazard Mitigation Plan, which was developed in com pliance with State requirements and also meets the requirements of the Federal Emergency Management Agency (FEMA), as its local hazard mitigation plan. The Tri -Valley Local Hazard Mitigation Plan provides a uniform hazard mitigation strategy for the Tri -Valley area, addressing a range of hazards including, but not limited to, earthquakes, floods and wildland fire. The City also has an adopted Comprehensive Emergency Management Plan and a Local Hazard Mitigation Plan to assess hazards and mitigate risks prio r to a disaster event.

Finally, as described in the DDSP EIR, future development would not impair implementation of or physically interfere with an emergency response plan or emergency evacuation plan and, therefore, there would be no impact.
(g) Expose p eople or structures to wildland fires
A wildland fire is a fire occurring in a suburban or rural area which contains uncultivated land, timber, range, brush, or grasslands. Wildland fires are primarily a concern in areas where there is a mix of developed and undeveloped lands. As described in the DDSP EIR, the project area is 556
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located in an urbanized area and the project site is not identified as an area of moderate, high, or very high fire hazard severity for the Local Responsibility Area. It is identified as an area of moderate fire hazard severity for the State Responsibility Area, as mapped by the California Department of Forestry and Fire Protection (CAL FIRE). Further, future development will be constructed in accordance with the requirements of the CBC, California Fire Code, and the City’s Wildfire Management Plan.

The project is not subject to potential wildfire hazards and, therefore, there would be no impact.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified hazards and hazardous materials impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements and required mitigation measures and applicable regulatory requirements, there would be no new or substantially more severe significant impacts to hazards and hazardous materials beyond what has been analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Livermore Municipal Airport, Airport Land Use Compatibility Plan, 2012.

RWQCB Geotracker (https://geotracker.waterboards.ca.gov/), accessed July 10, 2023.

Hydrology and Water Quality

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

9. HYDROLOGY AND WATER QUALITY . Would the project:
a) Violate any water quality standards o r waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
☒
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ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin ?
☒
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of impervious surfaces , in a manner which would :

(i). Result in substantial erosion or siltation on - or off- site; ☒
(ii). Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-
or offsite;
☒
(iii). Create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff; or
☒
(iv). Impede or redirect flood flows? ☒
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ☒
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater
management plan?
☒
Project Impacts and Mitigation Measures
(a) Violate water quality or waste discharge requirements or degrade surface or groundwater quality
As described in the DDSP EIR, new project construction would be required to comply with Mitigation Measures 3.5-1a and 3.5-1b, which require compliance with RWQCB water quality and waste discharge requirements and preparation of a SWPPP. Compliance with these mitigation measures will ensure that potential water quality impacts associated with project construction are reduced to a less -than-significant level. 558
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(b-c) Substantially decrease or interfere with groundwater supplies ; Alter existing drainage pattern s re: erosion/siltation, re: flooding, or degrade water quality As described in the DDSP EIR, the project area is largely developed and served by existing stormwater facilities that have been designed to accommodate future anticipated development. Per RWQC B requirements, new projects will include design features to increase percolation (thereby decreasing stormwater flows, impact to drainage systems, and groundwater degradation). Therefore, the project will not substantially decrease or interfere with groundwater supplies.

The project will not alter existing drainage patterns because the project site is already developed and consists of impervious surface areas in the form of buildings and surface parking lots. Current regulations are now more stringent and would result in greater on-site retention than currently exists and thereby improving groundwater supplies. (d) Flood hazard, seiche, or tsunami
As described in the DDSP EIR, the project area is located well inland from the San Francisco Bay or other major bodies of water to be impacted by a tsunami or seiche and is not within a designated dam failure inundation area . Therefore, there would be no impact. (e) Water Quality
As described in the DDSP EIR, the water source for new projects in the DDSP area would rely on surface water supplies from the Dublin San Ramon Services District and no local groundwater supplies. As a result, the project would not conflict with a water quality control or sustainable groundwater management plan. Therefore, there would be no impact.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified hydrology and water quality impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements and required mitigation measures and applicable regulatory requirements, there would be no new or substantially more severe significant impacts to hydrology and water quality resources beyond what was analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

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Land Use and Planning

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

10. LAND USE AND PLANNING . Would the project:
a) Physically divide an established community? ☒
b) Cause a significant environmental impact due to a
conflict with any applicable land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
☒
Project Impacts and Mitigation Measures
(a) Physically divide an established community
The physical division of an established community typically refers to the construction of a feature (such as an interstate highway or railroad tracks) or removal of a me ans of access (such as a local road or bridge) that would impair mobility within an existing community, or between a community and outlying areas. For instance, the construction of an interstate highway through an existing community may constrain travel fr om one side of the community to another; similarly, such construction may also impair travel to areas outside of the community.

As described in the DDSP EIR, the DDSP would help ensure greater land use compatibility and would not physically divide a community. The project would maintain the land use compatibility principals of the DDSP and, therefore, there would be no impact. (b) Conflict with land use plan, policy, or regulation
The 2023 DDSP Amendment would re-allocate the maximum allowed development densities for residential and non-residential uses in the plan area, allow Research and Development as a permitted use in the “Core” portion of the Retail District, and include other various refinements to the DDSP development standards and design guidelines. These changes, as amended, would not conflict with any city land use plan, policy, or regulation.

Therefore, there would be no change to the analysis of consistency with land use plans, policies and regulations, from that previously analyzed in the DDSP EIR. The project would be consistent with the DDSP (as amended) as well as the City’s General Plan (including the 6th Cycle Housing Element) and Zoning and, therefore, there would be no impact.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP 560
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EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified land use and planning impacts, nor result in new significant impacts .

With adherence to required mitigation measures and applicable regulatory requirements, there would be no new or substantially more severe significant impacts to land use and planning beyond what was analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

City of Dublin. 2023 – 2031 Housing Element (6th Cycle), 2023.

Mineral Resource s

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

11. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and t he
residents of the state?
☒
b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local
general plan, specific pla n, or other land use plan?
☒
Project Impacts and Mitigation Measures
(a-b) Loss of known or identified mineral resource
As described in the DDSP EIR, mineral resources were not analyzed as they were determined to be an “effect found not to be significant.” The project would be consistent with the DDSP (as amended) and within the scope of what was analyzed in the DDSP EIR. Therefore, there would be no impact to mineral resources.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

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Noise

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

12. NOISE. Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicabl e standards of other agencies?
☒
b) Generation of excessive ground borne vibration or
ground borne noise levels? ☒
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people residing or working in the project area to
excessive noise levels?
☒
Project Impacts and Mitigation Measures
(a-b) Generate noise or vibration exceeding standards
As described in the DDSP EIR, compliance with DDSP design guidelines and development standards would ensure that new projects do not exceed long-term stationary noise thresholds.

However, new projects could result in short-term construction-related noise and vibrations that exceed noise standards for nearby sensitive uses and increased long-term mobile noise sources (vehicular traffic) . Mitigation Measures 3.7-1a and 3.7-1b described in the DDSP EIR would continue to apply to new projects including the preparation of construction noise management plans (when applicable) and noise from transporting construction materials . Additionally, new projects located adjacent to heavily traveled roadways would be required to prepare acoustical analyses and incorporate site-specific mitigations to li mit construction to the less noise sensitive periods of the day and ensure that proper operating procedures are followed during construction so that nearby sensitive receptors are not adversely affected by noise and vibration. Based on these requirements, impacts would remain less than significant.

Mitigation Measure 3.7-3 described in the DDSP EIR would continue to apply to new developments located adjacent to Interstate 580, Amador Plaza Road (between Dublin Boulevard and St. Patrick’s Way), and Dublin Boulevard (between the following locations:

Amador Plaza Road and Village Parkway, Regional Street and Golden Gate Drive, and San Ramon Road and Regional Street) and requires a site-specific acoustical analysis. The mitigation 562
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measure requires design feature s to be incorporated into the future development to reduce noise impacts to noise sensitive land uses.
(c) Excessive noise level near a public or private airport The project area is not located within an airport land use plan or within the vicinity of a pr ivate airstrip and, therefore, there would be no impact.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified noise impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements and required mitigation measures and applicable regulatory requirements, there would be no new or substantially more severe significant impacts related to exposure to noise exceeding standards beyond what was analyzed in the DDSP EIR and no other CEQA standards for supplemental review ar e met. Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Livermore Municipal Airport, Airport Land Use Compatibility Plan, 2012.

Population and Housing

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

13. POPULATION AND HOUSING . Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
☒
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☒
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Project Impacts and Mitigation Measures
(a, b) Population and Housing
As described in the DDSP EIR, impacts to population and housing was not analyzed as they were determined to be an “effect found not to be significant.” The project would be consistent with the DDSP (as amended) and within the scope of what was analyzed in the DDSP EIR. Therefore, there would be no impact.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

Public Services

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or need for new or physical altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
a) Fire protection? ☒
b) Police protection? ☒
c) Schools? ☒
d) Parks? ☒
e) Other public facilities? ☒
Project Impacts and Mitigation Measures
(a) Fire
As stated in the DDSP EIR, new projects would be required to comply with applicable building, safety, and fire codes (e.g., 2022 California Fire Code, Part 9, Title 24 of the California Code of Regulations and City of Dublin Chapter 5.08 Fire Code) . New projects would also be required to fund on- and off-site improvements and contribute to the City’s public facilities fees.

Specifically, the proposed project is required to adhere to the California Fire Code and City of Dublin codes, ordinance and regulations to minimize fire hazards, including fire prevention and 564
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suppression measures; fire hydrants and sprinkler systems; emergency access; and other similar requirements. Alameda County Fire Department would continue to provide services to the project site and would not require additional firefighters to serve the proposed project. The demand for fire protection services resulting from the proposed project would not require the construction of new or alteration of existing fire protection facilities to maintain an adequate level of fire protection service. No physical impacts associ ated with the provision of fire protection services would occur.
(b) Police
As stated in the DDSP EIR, new projects would be required to comply with applicable City of Dublin safety requirements. This includes paying City of Dublin public facility impact fees to assist in funding new police facilities. Additionally, per Dublin Police Services, future projects will be required to incorporate various safety and security requirements, including but not limited to adequate locking devices, security lighting, and en suring adequate surveillance for structures and parking areas. These incorporations are minor and will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or need for new or physically altered governmental facilities. (c) Schools and other public facilities
The project would increase the number of residential units and corresponding decrease the amount of non-residential development in the plan area, thereby maintaining the same maximum level of development intensity as analyzed in the DDSP EIR. The project would still be consistent with the DDSP’s policies to encourage residential development downtown. Dublin Unified School District fees, City public facilities fees, and the DDSP provision for community benefit (e.g., gathering spaces) would continue to apply for new projects.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the E IR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified public services impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements, there would be no new or substantially more severe significant impacts to public services beyond what was analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

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Recreation

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

15. RECREATION. Would the project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☒
b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
☒
Project Impacts and Mitigation Measures
(a, b) Increase the use of existing recreation facilities causing deterioration or require new recreation facilities
As described in the DDSP EIR, recreation facilities were not analyzed as they were determined to be an “effect found not to be significant.” The project would be consistent with the DDSP and within the scope of what was analyzed in the DDSP EIR. Therefore, there would be no impact.

Furthermore, each new development project would be required to pay public facilities impact fees that will fund the acquisition of parkland and the development of future park facilities.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified recreation impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements, there would be no new or substantially more severe significant impacts to recreation facilities beyond what was analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

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Transportation

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

16. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with a program , plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☒
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ☒
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
☒
d) Result in inadequate emergency access? ☒
Project Impacts and Mitigation Measures
(a) Conflict with applicable transportation plans standards, including bicycle and pedestrian facilities
As part of the DDSP, the City amended the City’s General Plan related to acceptable Levels of Service (LOS) standards within the City to require a LOS of D or better for all intersections except for intersections within the DDSP area. The objective of this amendment was to balance vehicular and non-vehicular circulation requirements and , thereby, create a more pedestrian - friendly downtown.

As shown in Table 1: Change in Project Traffic Trips , the project would increase the allowable allocation of residential units by 465 units and a decrease in the allowable allocation of non - residential uses by 300,000 square feet. It would result in a net decrease of 11,488 daily trips, a net decrease of 162 AM peak hour trips, and net decrease of 1,110 PM peak hour trips. This reduction is because commercial development generates a greater number of trips than residential development when compared on a similar square footage basis. 567
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Table 1: Change in Project Traffic Trips

Since this proposed change would result in a negative trip generation for all time periods , no new impacts would be created compared to the previous analysis in the DDSP EIR.

Additionally, Mitigation Measures 3.9 -1 and 3.9-4 require support of Alameda County’s project and program aimed at reducing traffic congestion, development of Transportation Demand Management Programs, implementation of the City’s policies to use alternati ve modes of transportation and working with Livermore Amador Valley Transit Authority (LAVTA) to increase service. These measures would continue to apply to any future development project.

Therefore, impacts would remain less than significant.
(b) Conflict with CEQA Section 15064.3 (b)
Since certification of the DDSP EIR in 2011, the issue of vehicle miles traveled (VMT) has become a more prominent issue of concern as evidenced by passage of SB 743 in 2013.

Previously, CEQA analysis was conducted using a level of service (LOS) measurement that evaluated traffic delay. As specified under SB 743 and implemented under Section 15064.3 of the State CEQA Guidelines (effective December 28, 2018), VMT is the required metric to be used for identifying CEQA impacts and mitigation. In December 2018, the Office of Planning and Research (OPR) published a Technical Advisory on Evaluating Transportation Impacts, including guidance for VMT analysis. The Office of Administrative Law approved the updated CEQA Guidelines and lead agencies were given until July 1, 2020, to implement the updated guidelines for VMT analysis.

The topic of the project’s contribution to vehicle miles traveled (VMT) was not analyzed in the DDSP EIR. Because DDSP EIR has been certified, the determinatio n of whether VMT needs to be analyzed for this project is governed by the law on supplemental or subsequent EIRs (Public Resources Code Section 21166 and CEQA Guidelines, Sections 15162 and 15163). VMT is not required to be analyzed unless it constitutes new information of substantial importance that was not known and could not have been known at the time the previous environmental documents were certified as complete (Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and 15163). VMT was known at the time of the certification of the DDSP EIR (Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and Total In Out Total In Out
Proposed 221 Multifamily Housing
(Mid-Rise)1 465 Dwelling
Units 2,209 149 54 95 135 88 47
Removed 820 Shopping Center
(>150 KSF)2 300 KSF -13,697 -311 -193 -118 -1,245 -597 -648 -11,488 -162 -139 -23 -1,110 -509 -601
ITE Land
Use
Code
Land Use Size Units Daily
Trips
AM Peak PM PeakProposed
or
Removed
Net New Project Trips
Note: ITE Trip Generation Manual, 11th Edition (2021) used to develop trip generation rates. 1 Average rate used for ITE Land Use Code 221 and also assumed close to transit. 2 Fitted curve used for ITE Land Use Code 820.
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15163). Increased traffic was analyzed using other methods (LOS) at the time of certification of the DDSP EIR. Under CEQA standards, VMT is not considered new information that requires analysis in a Supplemental EIR or negative declaration. Therefore, no supplemental environmental analysis of the project’s impacts on this issue is required under CEQA. Therefore, the City is not required to conduct an analysis of VMT and the 2023 DDSP Amendment would have no impact.
(c) Substantially increase hazards due to a design feature The 2023 DDSP Amendment does not include specific development plans which would substantially increase hazards, nor does it alter roadway design such that implementation of the proposed project would create sharp curves or dangerous intersections and, therefore, there would be no impact.
(d) Result in inadequate emergency access
As described in the DDSP EIR, new projects would be required to comply with applicable building, safety, and fire codes to ensure proper design and adequacy of emergency access.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified transportation impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements, there would be no new or substantially more severe significant impacts to transportation beyond what was analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

City of Dublin. Transportation Impact Analysis Guidelines, 2021.

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Tribal Cultural Resources

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

17. TRIBAL CULTURAL RESOURCES . Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or o bject with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k), or
☒
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1 . In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native
American tribe.
☒
Project Impacts and Mitigation Measures
The topic of tribal cultural resources is a relatively new category in the CEQA checklist and was not analyzed in the DDSP EIR. However, mitigation measures related to potential impacts to historic and archeological resources on the site are described in the Cultural R esources section, above.

Because the DDSP EIR has been certified, the determination of whether tribal cultural resources need to be analyzed for this proposed project is governed by the law on supplemental or subsequent EIRs (Public Resources Code Section 21166 and CEQA Guidelines, Sections 15162 and 15163). Tribal cultural resources are not required to be analyzed under those standards unless it constitutes "new information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified as complete” (CEQA Guidelines Sec. 15162 (a) (3)).
(a) Listed or eligible for listing in the California Register of Historical Resources The project area is located in an urban setting and has been disturbed through prior development. There are no identified historic resources within the project area and , therefore, there would be no impact.
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(b) Significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1
There are no known significant tribal cultural resources within the project area. While the likelihood of finding archaeological resources is extremely low, Chapter 8.48 Archaeological Resources Regulations outlines a process to protect archaeological resources and prehistoric or historic artifacts that are discovered during any construction or excavation.

Furthermore, the 2023 DDSP Amendment would continue to require new projects to comply with Section 7050.5 of the California Health and Safety Code in the event of the discovery or recognition of any human remains in any location other than a dedicated cemetery during future development activities, which would require that there be no further excavation or disturbance of the area, or any nearby area reasonably suspected to overlie adjacent remains. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within 24-hours of identification.

As required under Senate Bill 18, a letter regarding the project was mailed to eleven tribes on June 23, 2023, using a mailing list provided by the Native American Heritage Commission. No request for consultation has been received to date.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified tribal cultural impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements, there would be no new or more severe significant impacts to tribal cultural resources beyond those previously analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

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Utilities and Service Systems

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

18. UTILITIES AND SERVICE SYSTEMS . Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm
water drainage, electric power, natural gas, or
telecommunications facilities the construction or
relocation of which could cause signific ant
environmental effects?
☒
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
☒
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
☒
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☒
e) Comply with federal, state, and local statutes and
regulations related to solid waste? ☒
Project Impacts and Mitigation Measures
(a and c) Require relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas or telecommunications facilities and sufficient wastewater capacity
The project would increase the number of residential units a nd correspondingly decrease the amount of non-residential development in the plan area, thereby maintaining the same maximum level of development intensity as analyzed in the DDSP EIR.

The proposed project would not require or result in the relocation or c onstruction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunication facilities beyond that which was already anticipated in the DDSP EIR.

Additionally, new projects would be required to pay impact fees to fund stormwater infrastructure.
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The proposed project would be consistent with the type and intensity of development assumed for the project site in the City’s General Plan and accounted for in Dublin San Ramon Services District 2020 Urban Water Management Plan.
(b) Sufficient water supply
As described in the DDSP EIR, there is adequate capacity to service buildout of the DDSP area.

Because the proposed project would not increase the existing maximum allowable commercial space nor would there be an increase in the maximum number of residential units beyond what was previously approved and analyzed in the DDSP EIR, there would be no impacts to water supply. Therefore, no further environmental review is required. (d-e) Adequate landfill and compliance
As described in the DDSP EIR, the project area is served by the Altamont Landfill, which has a total estimated permitted capacity of 62,000,000 cubic yards and a remaining estimat ed capacity of 45,720,000 cubic yards (74 percent remaining capacity) . Future development would occur over an extended period of time and the Altamont Landfill would see an incremental increase in additional solid waste until ultimate buildout of the project area.

Because the 2023 DDSP Amendment would not increase projected total solid waste generation because the existing maximum limit of commercial space and residential units would remain as previously analyzed in the DDSP EIR, there would be no impacts. Therefore, no further environmental review is required.

Disposal of solid waste would be required to comply with all federal state, and local statutes and regulations associated with solid waste. This would include providing receptacles for green waste, recyclables, and garbage.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified utilities and service system impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements, there would be no new or more severe significant impacts to utilities and service systems beyond those previously analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
City of Dublin. Downtown Dublin Specific Plan EIR, 2010.

573
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Wildfire

ENVIRONMENTAL IMPACTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

18. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan? ☒
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
☒
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☒
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a
result of runoff, post -fire slope instability, or drainage changes?
☒
Project Impacts and Mitigation Measures
(a-d) Wildfire and emergency evacuation plans
The topic of wildfire is a new category in the CEQA checklist and was not analyzed in the DDSP EIR. Since the DDSP EIR has been certified, the determination of whether wildfire and emergency evacuation plans need to be analyzed for this 2023 DDSP Amendment is governed by the law on supplemental or subsequent EIRs (Public Resources Code Section 21166 and CEQA Guidelines, Sections 15162 and 15163).

Wildfire and emergency evacuation plans are no t required to be analyzed under the CEQA standards for supplemental or subsequent EIRs unless it constitutes "new information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified as complet e” (CEQA Guidelines Section 15162 (a)(3)).

The impact of wildfire and emergency evacuation plans was known at the time of the certification of the DDSP EIR. Under CEQA standards, it is not new information that requires analysis in a supplemental EIR or Neg ative Declaration. No supplemental environmental analysis of the project's impacts on this issue is required under CEQA. 574
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Furthermore, the project area is located outside of a very high fire hazard severity zone as identified by the California Department of Forestry and Fire Protection (CALFIRE). The project area is in an urbanized area and is not located within an area that would be subject to the requirements of the City’s Wildfire Management Plan (City of Dublin 2010).

In addition, the Alameda County Fire Department, as part of the City’s entitlement process, will review all plans for adequate fire suppression, fire access, and emergency evacuation for all future new developments.

Conclusion
The project does not propose substantial changes that were not previously analyzed in the DDSP EIR that would require major changes to the EIR. Based on the information in the DDSP EIR and this environmental analysis, the project would not substantially increase the severity of the previously identified wildfire impacts, nor result in new significant impacts.

With adherence to applicable regulatory requirements, there would be no new or more severe significant impacts to wildfire beyond those previously analyzed in the DDSP EIR and no other CEQA standards for supplemental review are met . Therefore, no further environmental review is required.

Source(s)
CALFIRE FHSZ Viewer. Accessed July 6, 2023.

City of Dublin. Wildfire Management Plan, 2010.

Mandatory Findings of Significance

ENVIRONMENTAL IMPA CTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR

18. MANDATORY FINDINGS OF SIGNIFICANCE . Does the project:
a) Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population to drop below self -sustaining levels, threaten to
eliminate a plant or animal community, substantially
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
☒
575
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ENVIRONMENTAL IMPA CTS
Issues
New
Significant
Impact
Substantial
Increase in
the Severity
of an Impact
Identified in
the DDSP EIR
Equal or Less Severe
Impact than Identified
in the DDSP EIR
b) Have impacts that are individually limited, but
cumulatively c onsiderable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of the past projects, the effects of other current projects, and the effects of probable future
projects.)
☒
c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or
indirectly?
☒
Project Impacts and Mitigation Measures
(a) Substantially degrade the quality of the environment No new impact. There are no substantial changes to the project as analyzed in the DDSP EIR .

The project is similar to land uses for the project area analyzed in the DDSP EIR and there is no change in the maximum amount of commercial square footage or residential units permitted under the DDSP. As demonstrated in this Initial Study, the project does not constitute a substantial change to the DDSP EIR analysis, will not result in additional significant impacts, and no additional or different mitigation measures are required . Therefore, implementation of the proposed project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed, and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required for this impact area.
(b) Cumulative impacts
No new impact. The DDSP EIR considered the project’s cumulatively considerable impacts where effects had the potential to degrade the quality of the environment as a result of build- out of the DDSP. Implementation of the proposed project would not result in any new cumulative impacts or increase the severity of a previously identified significant cumulative impact as previously analyzed, and no other CEQA standards for supplemental review are met.

Therefore, there would be no cumulative impacts.
(c) Substantial adverse effects on human beings
No new impact. The proposed project would not create adverse environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly. The proposed project would allow for residential and commercial development in compliance with the DDSP standards and land uses, as amended. These uses or activities would not result in any substantial adverse effects on human beings, either directly or indirectly, as discussed 576
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throughout this document. Therefore, implementation of the proposed project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the DDSP EIR, and no other CEQA standards for supplemental review are met. Therefore, no further environmental review is required for this impact area. 577
Reso. No. 23-07, Item 6.1, Adopted 09/12/2023 Page 1 of 3 RESOLUTION NO. 23-07

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF DUBLIN

RECOMMENDING TH

AT THE CITY COUNCIL AMEND THE GENERAL PLAN AND

DOWNTOWN DUBLIN SPECIFIC PLAN TO INCREASE THE RESIDENTIAL DEVELOPMENT POTENTIAL BY 465 UNITS, DECREASE THE NON-RESIDENTIAL SQUARE FOOTAGE PERMITTED BY 300,000 SQUARE FEET, INCREASE THE HEIGHT AND FLOOR AREA RATIO IN “THE CORE” AREA OF THE RETAIL DISTRICT AND AMEND THE DESIGN

STANDARDS AND ALLOWABLE USES
PLPA-2023-00001
WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City and is approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north; and WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11 approving the DDSP and associated implementation actions. At the same time, the City Council adopted Resolution No. 08-11 certifying the Downtown Dublin Specific Plan Environmental Impact Report (DDSP) (EIR) (SCH# 2010022005, incorporated herein by reference). The DDSP EIR evaluated the potential impacts assoc iated with intensifying development in the 284- acre Downtown Dublin area to accommodate addi tional residential and non-residential uses; and
WHEREAS, Subsequent to adoption, the DDSP has been amended five times, including the 2020 DDSP Amendments focused on the initial implementation of the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019, which included three primary components: 1) Siting of a Town Square; 2) New Street Grid Network; and 3) Downtown Character; and
WHEREAS, the proposed amendments to the General Plan and DDSP further implement the Downtown Dublin Preferred Vision by incre asing the residential development potential by 465 units and decreasing the non-residential square footage by 300,000 square feet, increasing the height and floor area ratio in “The Core” area of the Retail District and amendments to the design standards and allowable uses, hereafter referred to as the “2023 DDSP Amendment” or the “Project;” and
WHEREAS, consistent with Section 65352.3 of the California Government Code, the City obtained a contact list of local Native Americ an tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed Specific Plan Amendment; and
WHEREAS, the California Environmental Qualit y Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162(a) require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative 








 








Attachment 4
578

Reso. No. 23-07, Item 6.1, Adopted 09/12/2023 Page 2 of 3

declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in th e severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new sign ificant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:

a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;

b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;

c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially redu ce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

d. Mitigation measures or alternatives wh ich are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adoption measures or alternative; and

WHEREAS, pursuant to CEQA and the CEQA Guid elines, the Project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis, as further detailed the Staff Report, dated September 12, 2023, and incorporated herein by reference, concluded that none of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review are met; the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in DDSP EIR and subsequent Addendums; no other CEQA standards for supplemental review are met and no further environmental review is required; and

WHEREAS, a Staff Report, dated September 12, 2023, and incorporated herein by reference, described and analyzed the 2023 DDSP Amendment, for the Planning Commission; and










 








579

Reso. No. 23-07, Item 6.1, Adopted 09/12/2023 Page 3 of 3

WHEREAS, the Planning Commission held a properly noticed public hearing on the 2023 DDSP Amendment on September 12, 2023, at which time all interested parties had the opportunity to be heard; and

WHEREAS, the Planning Commission considere d all above-referenced reports, recommendations, and testimony to evaluate the 2023 DDSP Amendment.

NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve the amendments to the General Plan and Downtown Dublin Specific Plan, as described in Exhibit A, based on findings, as set forth in Exhibit A, that the amendments are in the public interest, promotes general health, safety and welfare, and that the General Plan and Downtown Specific Plan, as so amended, will remain internally consistent.

PASSED, APPROVED AND ADOPTED this 12
th day of September 2023 by the following
vote:

AYES: Aini, Grier, Ochoa, Thalblum, Wahida

NOES:

ABSENT:

ABSTAIN:

________________________________
Planning Commission Chairperson
ATTEST:

_____________________________
Community Development Director
5480452.2









 








580

DOWNTOWN DUBLIN

SPECIFIC PLAN AMENDMENTS
City Council
October 17, 2023
581
Downtown Dublin Specific Plan and
Preferred Vision
• Downtown Dublin Specific Plan
• Preferred Vision
– City Council Approved November 2019
– Primary Components:
• Siting of a T own Square
• New Street Grid Network
• Downtown Character
582
Downtown Dublin Preferred Vision
Implementation 2019
DDSP Amendments
• Increase FAR
• TOD and Retail Districts
• Combine Residential Allocation
• All Districts
• Amend Parking Standards
• TOD and Village Parkway District
• Hotel and Office Uses in TOD
Coordination with Property Owner
• Approval of Memorandum of
Understanding between the City and
American Realty Advisors
• Acquisition of 7300 Amador Plaza Road
583
Downtown Dublin Preferred Vision
Implementation 2020
DDSP Amendments
• Incorporate T own Square
• Incorporate Street Grid
• Combine Non-Residential Allocation
• TOD and Retail Districts
• Add Hotel as a Permitted Use
• Retail District
• Update Design Guidelines Standards
Internal Coordination
• Street Cross Sections
• Determining Right-of-Way Needs
584
Downtown Dublin Preferred Vision
Implementation 2021 to Now
Coordination with Property Owner
• Amended MOU April 2021
• ROW Acquisition for New Streets and
Continue Street Cross Sections
(2021)
• Parking Assessment (2022)
• Hines Draft Master Plan (2022)
• Hines North Project (2023)
• T ransportation Analysis (2023)
• Coordination with DSRSD (2023)
City Council Discussions
• Strategic Planning Workshop (Feb. 2022)
• Increase FAR
• Increase Residential Allocation
– Housing Element approx. 400 units
– Hines approx. 1,500 units
• Increase Height to Match TOD
• Life Sciences – New Land Use
• Private vs. Public Streets
– WDTIF update
• Hines Presents Master Plan (Oct. 2022)
585
Proposed Amendments to
Implement Preferred Vision
• Increase Residential Allocation
– 465 Units
• Decrease Non-residential Allocation
– 300,000 square feet
• Increase Floor Area Ratio in The Core
– Base FAR .50 / Maximum FAR 2.5
• Design Standards and Allowable Uses
– Projections and setbacks
– Flexibility in The Core
– Research and Development
586
Residential and Non-Residential
Development Potential
Residential Development Non-Residential Development
Total Allowable Development in the Downtown
Existing
Development Pool 2,500 Development Pool 1,320,220
Affordable Units not
subject to
Development Pool
416 SF not subject to
Development Pool 942,320
Total Units 2,916 Total SF 2,262,540
Proposed Units to be Added + 465 SF to be Eliminated - 300,000 Total Units 3,381 Total SF 1,962,540
Development Pool
Existing
Development Pool 2,500 Development Pool 1,320,220
Units Constructed - 783 SF Constructed - 10,329
Units Reserved and
Not Yet Constructed - 921 SF Reserved and Not
Yet Constructed 0
Units Remaining 796 SF Remaining 1,309,891
Proposed
Units to be Added + 465 SF to be Eliminated - 300,000
Total Units 2,965 Total SF 1,020,220
Units Remaining 1,261 SF Remaining 1,009,891
Anticipated Downtown Preferred Vision Development (Hines) Total Units 1,455 Total SF 658,000
587
Changes to Standards and Uses
• Design Standards
– Setbacks on Upper Floors
– Projections (stoops, windows, awnings)
– Parking Space Length
• Design Standards for The Core
– Maximum Height (Match TOD)
– Floor Area Ratio (Match TOD)
– Location of Residential Units
• New Use
– Research and Development
588
Environmental Review
• Downtown Dublin Specific Plan EIR (2011)
• Prior Amendments (2014-2020)
• Current Project
- No new impacts
- Mitigation Monitoring and Reporting Program
589
Planning Commission Review
• Regular Meeting September 12, 2023
• Resolution No. 23-07 Recommending Approval
590
Recommendation
Conduct the public hearing, deliberate and adopt the Resolution Amending the General Plan and Downtown Dublin Specific Plan to Further Implement the Downtown Dublin Preferred Vision. 591
October 17, 2023

SB 343

Senate Bill 343 mandates supplemental materials
that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets
have been distributed to the City Council be available
to the public.

The attached documents were received in the City
Clerk’s office after distribution of the October 17,
2023, Regular City Council meeting agenda packet.

Item 6.1
592

CITY MANAGER’S OFFICE

MEMORANDUM

DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Item 6.1 Downtown Dublin Preferred Vision Implementation General Plan and Downtown Dublin Specific Plan Amendments
The October 17, 2023, City Council Meeting includes an item adopting the Resolution Amending the General Plan and Downtown Specific Plan to Further Implement the Downtown Dublin Preferred Vision.

Table 2.1 (page 4) in the Resolution (Attachment 1) has been updated to reflect City Council Resolution No. 84-23 to correct the total number of dwelling units, persons per dwelling units and population. In addition, a correction has been made to the footnote for Table 2.1 to state the maximum FAR outside “The Core” is 2.0.

593
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9

RESOLUTION NO. xx - 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE GENERAL PLAN AND DOWNTOWN DUBLIN SPECIFIC PLAN TO

FURTHER IMPLEMENT THE DOWNTOWN DUBLIN PREFERRED VISION
PLPA-2023-00001

WHEREAS, the Downtown Dublin Specific Plan (DDSP) project area is located in the southwestern portion of the City and is approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north; and

WHEREAS, on February 1, 2011, the Dublin City Council adopted Resolution No. 09-11 approving the DDSP and associated implementation actions. At the same time, the City Council adopted Resolution No. 08-11 certifying the Downtown Dublin Specific Plan Environmental Impact Report (DDSP) (EIR) (SCH# 2010022005, incorporated herein by reference). The DDSP EI R evaluated the potential impacts associated with intensifying development in the 284- acre Downtown Dublin area to accommodate additional residential and non-residential uses; and

WHEREAS, Subsequent to adoption, the DDSP has been amended five times, incl uding the 2020 DDSP Amendments focused on the initial implementation of the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019, which included three primary components: 1) Siting of a Town Square; 2) New Street Grid Network; and 3) Downtown Character; and

WHEREAS, the proposed amendments to the General Plan and DDSP further implement the Downtown Dublin Preferred Vision by increasing the residential development potential by 465 units and decreasing the non- residential square footage by 300,000 square feet, increasing the height and floor area ratio (FAR) in “The Core” area of the Retail District and amendments to the design standards and allowable uses, hereafter referred to as the “2023 DDSP Amendment” or the “Project;” and

WHEREAS, consistent with Section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. None of the contacted tribes requested a consultation within the 90 -day statutory consultation period and no further action is required under Section 65352.3; and

WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162(a) require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists:

594

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:

a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;

b. Significant effects previously examined will be substantially mor e severe than shown in the previous EIR;

c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adoption measures or alternative; and

WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis, as further detailed the Staff Report, dated October 17, 2023, and incorporated herein by reference, concluded that none of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review are met; the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in DDSP EIR and subsequent Addendums; no other CEQA standards for supplemental review are met and no further environmental review is required; and

WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, including the proposed General Plan and Downtown Dublin Specific Plan Amendments, on September 12, 2023, at which time all interested parties had the opportunity to be heard; and

WHEREAS, on September 12, 2023, the Planning Commission adopted Resolution No. 23-07 recommending that the City Council approve the 202 3 DDSP Amendment , which Resolution is incorporated herein by reference; and

595

WHEREAS, a Staff Report, dated October 17, 2023, and incorporated herein by reference, described and analyzed the 2023 DDSP Amendment for the City Council; and

WHEREAS, the City Council held a properly noticed public hearing on the 20 23 DDSP Amendment on October 17, 2023, at which time all interested parties had the opportunity to be heard; and

WHEREAS, the City Council considered the DDSP EIR and CEQA Addendum, all above- referenced reports, recommendations, and testimony to evaluate the Project.

NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the City Council finds that the General Plan amendments, as set forth below, are in the public interest and that the General Plan as amended will remain internally consistent.

BE IT FURTHER RESOLVED that the City Council finds that the Downtown Dublin Specific Plan amendments, as set forth below, are in the public interest will promote general health, safety and welfare, and that the Downtown Dublin Specific Plan as amended will remain internally consistent.

BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the General Plan:

District land use classification to increase the FAR to a maximum of 2.5 and the Downtown Dublin -Transit Oriented District land use classification to a maximum FAR of

2.5 to be consistent with Table 2.1 as follows:

B. DOWNTOWN DUBLIN SPECIFIC PLAN AREA
Downtown Dublin – Village Parkway District (Maximum FAR: .35; employee density: 200- 450 square feet per employee)
This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan.

Downtown Dublin – Retail District (Maximum FAR: 2.0 - 2.5; employee density: 200- 450 square feet per employee)
This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan.

Maximum FAR is 2.5 in “The Core. ” In “The Core” , the FAR may be spread through all developable parcels (this does not include the Town Square) . Outside “The Core”, the maximum FAR is 2.0.

Downtown Dublin – Transit-Oriented District (Maximum FAR: 2.5; employee density: 200- 450 square feet per employee)
This designation allows a range of residential, commercial, and mixed uses consistent with the Downtown Dublin Specific Plan.
596

Table 2.1 shall be revised as follows: (Only the sections of the table related to the DDSP area and Grand Total are shown here. All other sections of Table 2.1 remain the same):

Table 2.1 Land Use Development Potential: Primary Planning Area Downtown
Dublin
Specific Plan
Area
Acres Dwelling
Units/acre
Dwelling
Units
Persons/Dwelling
Unit Population
Downtown
Dublin 230.2 6.1-25.1+ 3,3815 2.99 10,109
Downtown
Dublin
Specific Plan
Area
Acres
Maximum
Floor Area
Ratio (Gross)
Maximum
Potential
Square Feet4
Square
Feet/employee Jobs
Village
Parkway
District

32.9 .35 .50 200-450 1,115-2,508
Retail District 113.1 2.56 9.94 200-450 6,139-13,814
Transit-
Oriented
District

84.2 2.5 9.24 200-450 8,492-19,108
Total: 230.2 19.6 15,746-35,430

ACRES DWELLING

UNITS POPULATION SQUARE FEET
(MILLIONS) JOBS
GRAND
TOTAL 2,494.48 6,770-14,333 20,242-42,854 14.16-16.59 28,952-63.175

6 Maximum FAR is 2.5 in “The Core”. In “The Core”, the FAR may be spread through all developable parcels (this does not include the Town Square). Outside “The Core”, the maximum FAR is 2.0.

BE IT FURTHER RESOLVED that the City Council hereby approves the following amendments to the Downtown Dublin Specific Plan:

an allowed use in the Retail District and Transit-Oriented District and Prohibited in the Village Parkway Districts as follows:

Table 3-1: Land Uses
BUILDING USES 1 RETAIL

DISTRICT

TRANSIT -

ORIENTED

DISTRICT

VILLAGE

PARKWAY

DISTRICT
Research and Development Allowed7

Allowed7 Prohibited
7 Manufacturing uses are limited to less than 10% of the building area. A CUP is required for manufacturing uses greater than 10% up to maximum of 20% of the building area.

597

3.4.16 Research and Development
Any establishment which primary use is for research and development purposes including, but not limited to, science and engineering laboratories (research, development, and testing), quality assurance work (dimensional analysis), and software development and engineering. Limited manufacturing uses are allowed as part of the primary use. Such uses may not generate nuisances related to emissions, noise, odors, and may not include outdoor storage and operations.

Table 3-3: Base and Maximum FAR Per District

DISTRICT BASE
FAR

MAXIMUM
FAR
Retail 0.35 2.0
The Core 0.50 2.5
Transit-
Oriented 0.50 2.5
Village
Parkway 0.35 0.35

This Specific Plan allows for a future construction of approximately 2.2 million square feet of non- residential development and 3,381 residential dwelling units (416 of these units are exempt from the Community Benefit Program as further described in Section 6.4 Development Pool and Community Benefit Program).

Table 3-4: Net New Development

DISTRICT
NON -

RESIDENTIAL
(SF)

RESIDENTIAL
(DU)

MINIMUM

RESIDENTIAL

DENSITY
Retail
1,866,810
(+150 hotel rooms)
3,381
22 units/net acre
Transit-
Oriented 30 units/net acres
Village
Parkway 20,730 No minimum
Total
1,962,540
(includes 150 hotel
rooms)

Notes. Includes projects that have been approved, but not yet constructed

598

Boulevard and San Ramon Road shall be amended to read as follows:

LOT SIZE AND BUILDING PLACEMENT
4 Street Setback
from Dublin
Boulevard and
San Ramon
Road
10 ft. min at ground level.

The street setback may be improved as an extension of the public sidewalk if accessible to the public through an established easement.

Along Dublin Boulevard, upper floors above 20 ft. may reduce setback to 5 ft.

Res and 3 Building Height shall be amended to read as follows:

BUILDING DESIGN
1 Floor Area
Ratio (FAR)

0.35 base outside “The Core” and 0.50 in “The Core.”

2.0 max outside “The Core” and 2.5 max in “The Core.” In The Core, the FAR may be spread through all developable parcels (this does not include the Town Square) (required participation in the development density pool, an agreement with the City, and provision of a community benefit in compliance with the Community Benefit Program).1

599

2 Residential
Units
Not permitted west of San Ramon Road.

Allowed at a minimum density of 22 units per net acre.

Permitted within a mixed-use development if designed based on the following standards:
• The development includes ground floor retail or office space that equals an FAR of 0.3 min
• Retail or office space is built along at least 80% of the property’s total street frontage and set back no more than 10 ft. from the building setback requirement
• Common open space for the residential units are provided at a rate of 15% of the site’s total area
• The above standards may be modified through an SDR as part of a mixed-use development in the Town Core area.

Projects that include residential development within 1,000 ft. of either Interstate 580 or 680 (or less per Bay Area Air Quality Management District’s current guidelines) shall incorporate the following standards to minimize potentially adverse air quality affects:
• Configure the proposed buildings so that the bulk of the building is located farther from the highway.
• Place heating ventilation and air conditioning (HVAC) system intakes as far away from highway as feasible.
• Include high efficiency filters in the HVAC system (rated with a minimum efficiency rating value [MERV] of at least 13). This would also include a commitment to regular maintenance and replacement of filters as needed.
• Provide positive pressure with the HVAC system in all occupied spaces to prevent the incursion of outside air that bypasses the HVAC filters.
• To reduce the amount of outside unfiltered air indoors, do not place operable windows in close proximity to the highway. In addition, signs should be posted to keep exterior doors closed when not in use.
3 Building Height
8 floors and no more than 75 feet to the finished floor of the highest story. Maximum building height it 90 ft. (tower elements, architectural and articulated design features, solar panels, and small-scale wind turbines may extend 10 ft. max beyond this height). The height may be increased through an SDR in the Town Core area.

Minimum building height in “The Core” is 40 feet, except for structures within the Town Square.

600

6 Storefront Awnings shall be amended to read as follows:

PROJECTIONS AND ENCROACHMENTS INTO SETBACKS
2 Stoops
Permitted for residential use only.
5 ft. min usable walkway must be maintained on private streets and 10 ft. on public streets.
3 Bay Windows
2 ft. max into all setbacks.
4 ft. max along Dublin Boulevard.
12 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces.
6 Storefront
Awnings
6 ft. max into all setbacks.
8 ft. max along Dublin Boulevard and Golden Gate Drive. 8 ft. min vertical clearance required over sidewalks, walkways, and private outdoor spaces.

 At least 20% of the facade’s surface area should consist of windows (including glass on doors). Windows shall be provided on all floors of the building. Exceptions to window area may be approved for parking structures. See Section 4.4.14 for design guidelines for Parking Structures.

consistent with graphic on page 104 as follows:

 The length of parking spaces may be reduced by up to 2.5 feet if the vehicle will overhang a landscape planter which has been designed to accommodate the vehicle overhang plus additional space for planting. The planter shall be protected by a curb or wheel stop and should include low lying plants where the vehicle will overhang the planter.

601

Table 6-1 shall be revised as follows:

Table 6-1: Development Pool

DISTRICT
NON -

RESIDENTIAL
SQUARE

FOOTAGE

NUMBER OF

RESIDENTIAL

DWELLINGS
Retail 1,020,220
(+150 hotel
rooms) 2,965
Transit-
Oriented
Village
Parkway 0

PASSED, APPROVED, AND ADOPTED this 17th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:

______________________________
City Clerk

602

STAFF REPORT

CITY COUNCIL

Agenda Item 7.1
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: East Ranch Community Facilities District Formation Prepared by: Jay Baksa, Finance Director
EXECUTIVE SUMMARY:

The City Council will consider various actions to initiate proceedings to form a Community Facilities District at the East Ranch (Francis Ranch) project location.

STAFF RECOMMENDATION:

Adopt the following: 1) Resolution Declaring Intention to Form a Community Facilities District and Levy Special Taxes in the City of Dublin Community Facilities District No. 2023-1 (East Ranch) to Finance Certain Public Services and the Acquisition and Construction of Certain Public Facilities in and for Such Community Facilities District; and 2) Resolution Declaring Intention to Incur Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City of Dublin Community Facilities District No. 2023-1 (East Ranch).

FINANCIAL IMPACT:

Approval of the recommended actions has no financial impact on the City. All costs associated with the formation of the proposed Community Facilities District are borne entirely by the developer.

The proposed Community Facilities District will be self-sustaining, including annual compensation to the City for its management.

DESCRIPTION:

Background
The 165.5-acre East Ranch development project site is an undeveloped parcel located within the Fallon Village area of the Eastern Dublin Specific Plan (EDSP). The site is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern boundary. The project site generally increases in elevation from south to north with knolls and hilly terrain in the northeastern portion of the site. 603

The City Council has received two presentations, on April 18, 2023, and June 20, 2023, from TH East Ranch Dublin, LLC (an affiliate of developer Trumark) on the project, which included a discussion on the formation of two types of Community Facilities Districts (CFDs), a Services CFD and a Facilities CFD. The Services CFD would fund the maintenance of public streets. The Facilities CFD would help fund construction of certain public infrastructure and development impact fees associated with the project. The City Council expressed general support for the CFDs, with specifics of the proposed CFDs to be brought back to the City Council at future meetings as detailed below.

After further discussions between the City and the developer, it was decided the most efficient approach was to establish a single CFD, that would levy two separate special taxes – one to pay for services and one to pay for facilities, instead of creating two separate CFDs, with the result being the same.

The first step in the CFD formation process was to enter into a deposit and reimbursement agreement with the developer. This agreement was approved at the September 19, 2023 City Council Meeting. The deposit agreement will allow the City to cover all costs associated with the formation of the CFD.

The next step in the CFD formation process is for the City Council to consider the adoption of the two resolutions described below. Should the City Council approve these items, a public hearing and special landowner election will be scheduled for December 5, 2023.

Resolutions City Council Consideration

1. Resolution of Intention to Form the CFD (Attachment 1) The Resolution of Intention (ROI) governs the levy of special taxes, using a calculation called the Rate and Method of Apportionment (RMA), which is included as Exhibit A to the Resolution of Intention.

As previously discussed, the City and Trumark have agreed to cap the maximum effective tax rate for the East Ranch CFD at 1.58% of the unit average sales price in each tax zone. As shown below, the East Ranch project is divided into six tax zones, based on the type and size of the homes being sold. The maximum tax rate is based on the average estimated selling price of homes in each zone.

The table below also shows the estimated year-one tax burden on homeowners in each of the six zones.

Zone 1
65 x 100 lots
Zone 2
55 x 95 lots
Zone 3
50 x 110 lots
Zone 4

49.5 x 80 lots
Zone 5
Cluster lots
Zone 6
Townhomes
Estimated Average
Base Sales Price (1) $2,657,000.00 $2,204,000.00 $2,143,000.00 $1,872,000.00 $1,711,000.00 $1,267,000.00 Ad Valorem (2) $33,547.28 $27,827.70 $27,057.52 $23,635.87 $21,603.09 $15,997.14 Other Charges (3) $2,676.48 $2,477.48 $2,423.48 $2,240.48 $2,190.48 $2,053.48 604

Proposed CFD No.
2023-1 Special Taxes
(4) $5,850.00 $4,600.00 $4,400.00 $3,750.00 $3,300.00 $2,000.00 Total $42,073.76 $34,905.18 $33,881.00 $29,626.35 $27,093.57 $20,050.62 Estimated Effective
Tax Rate 1.58% 1.58% 1.58% 1.58% 1.58% 1.58%
(1) Prices per RCLCO report dated 10.04.23
(2) Estimated at 1.2626%per DPFG analysis dated 10.03.23 (3) Estimate per DPFG analysis dated 10.03.23
(4) Per Draft RMA from Goodwin Consulting Group
The proposed RMA also incorporates an automatic 2% annual escalator, meaning that the CFD special taxes, once set, will increase 2% each year, regardless of adjustments to the unit’s assessed valuation or to direct charges.

Finally, the Resolution of Intention sets December 5, 2023 as the date for the City Council to conduct a public hearing and special landowner election on the matter, and describes the thresholds for voter approval or rejection of the CFD. In this case, as Trumark is the sole owner of the subject property, and the City will be confirming that there are no registered voters residing on the property, the CFD would be approved with the vote of Trumark at the special election.

2. Resolution Declaring Intention to Incur Indebtedness (Attachment 3) This Resolution declares the necessity to incur indebtedness to finance identified public facilities to be financed through the East Ranch CFD and identifies a maximum proposed debt amount of $67 million.

Next Steps
Should the City Council approve the ROI and Resolution Declaring Intention to Incur Indebtedness, (Attachments 1 and 3) the City and Trumark will proceed with preparation of legal documents for the public hearing and related City Council actions scheduled for December 5, 2023, which will include the following actions:

1. Hold Public Hearing

2. Adopt Resolution of Formation of the CFD

3. Adopt Resolution Deeming it Necessary to incur Bonded Indebtedness for CFD

4. Adopt Resolution Calling the Election

5. Conduct Landowner-Voter Election

6. Adopt Resolution Declaring Election Results

7. Introduce Ordinance Levying a Special Tax (First Reading) Following the December 5, 2023 meeting, the City Council will, at a future meeting, consider adoption of the Ordinance Levying a Special Tax, which will authorize the CFD to levy special taxes within the CFD as well as the issuance of special tax bonds for the CFD. 605

Based on the proposed timelines and a successful formation of the East Ranch CFD, Staff anticipates bringing to the City Council the documents required for the first bond sale in late 2024.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Infrastructure Maintenance and Reinvestment Objective D: Explore use of funding mechanisms like community facilities districts for capital and ongoing maintenance needs.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

A copy of this Staff Report was provided to TH East Ranch Dublin LLC and the City Council Agenda was posted.

ATTACHMENTS:
1) Resolution of Intention to Form a Community Facilities District and Levy Special Taxes in City of Dublin Community Facilities District No. 2023-1 (East Ranch) to Finance Certain Public Services and the Acquisition and Construction of Certain Public Facilities in and for Such Community Facilities District
2) Exhibit A to the Resolution – Rate and Method of Apportionment 3) Resolution Declaring Intention to Incur Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City Of Dublin Community Facilities District No. 2023-1 (East Ranch)
4) Public Comment
606
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 10 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

DECLARING INTENTION TO FORM A COMMUNITY FACILITIES DISTRICT AND LEVY SPECIAL TAXES IN THE CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (EAST RANCH) TO FINANCE CERTAIN PUBLIC SERVICES AND THE ACQUISITION AND

CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR SUCH COMMUNITY

FACILITIES DISTRICT
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended, Chapter

2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), the City Council of the City of Dublin (the “City Council”) is authorized to establish a community facilities district, and to act as the legislative body for such community facilities district; and
WHEREAS, the City Council, having received indications of interest on behalf of the owner of the land proposed to be included in a proposed community facilities district, desires to proceed with the establishment of a community facilities district in order to finance costs of public facilities and public services necessary or incidental to new development in the City.

NOW, THEREFORE, BE IT RESOLVED THATthe City Council of the City of Dublin hereby finds, determines and resolves as follows:

1. It is proposed to establish a community facilities district within the City of Dublin under the terms of the Act to finance costs of public services and public infrastructure necessary or incidental to new development in the City, which may include the payment of impact fees related to new development.

2. The name proposed for the community facilities district is the City of Dublin Community Facilities District No. 2023-1 (East Ranch) (the “CFD”).

3. The proposed boundaries of the CFD are shown on the Map of Proposed Boundary of a proposed community facilities district to be known as City of Dublin Community Facilities District No. 2023-1 (East Ranch), City of Dublin, Alameda County, California, on file with the City Clerk, which the City Council approves as the map describing the extent of the territory included in the proposed CFD. The City Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. The City Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map in the office of the City Clerk in accordance with Section 3111 of the California Streets and Highways Code and within 15 days of the date of adoption of this resolution but in no event later than 15 days prior to the public hearing provided for herein, transmit the map to the County Recorder for recording in the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Alameda.

4. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities and Services (as defined below), and/or the principal and interest as it becomes due on bonds issued by the City for the CFD to construct and/or acquire the Facilities, special taxes (the “Special Taxes”) sufficient to pay the costs thereof, secured by recordation of a continuing lien 607
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 10 against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the City Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Taxes among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method of Apportionment of Special Taxes attached hereto as Exhibit A and hereby incorporated herein (the “Rate and Method”).

The City Council hereby finds that the provisions of Sections 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.

As required by Section 53339.3(d) of the Act, the City Council hereby determines that the special tax proposed to pay for public facilities financed with bonds that have already been issued and that are secured by the existing CFD shall be the same as the tax levied in the existing CFD for that purpose, except that a higher special tax may be levied for that purpose within the territory proposed to be annexed or to be annexed in the future to compensate for the interest and principal previously paid by the existing CFD, less any depreciation allocable to the public facility. In so finding, the City Council does not intend to limit its ability to levy a special tax within territory to be annexed or to be annexed in the future to pay for new or additional public facilities, with or without bond financing.

5. The type of public facilities proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as Facilities (the “Facilities”) on Exhibit B hereto and hereby incorporated herein. The financing of the costs of Facilities may include, without limitation, the payment of principal of and interest on bonds together with all direct, indirect periodic, and/or other related costs (including, without limitation, costs of administering the CFD, levying the Special Taxes and administering the bonds, and establishing and replenishing reserve funds). The City Council hereby finds and determines that the public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance with Section 53329.5(a) of the Act. Notwithstanding the foregoing, the City Council, on behalf of the CFD, may enter into one or more contracts directly with any of the property owners with respect to the construction and/or acquisition of any portion of the Facilities.

The type of services proposed to be financed by the special tax levied in the CFD pursuant to the Act shall consist of those listed as services in Exhibit B hereto and hereby incorporated herein (the “Services”). The City Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurring within the area of the CFD. The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof.

6. Except as may otherwise be provided by law or by the Rate and Method, all lands owned by any public entity, including the United States, the State of California and the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Taxes. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Taxes, the City Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the required debt service payments and other annual expenses of the CFD, if any, subject to the provisions of the Rate and Method. It is anticipated that the Special 608
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 10 Taxes will be billed as a separate line item on the regular property tax bill. However, the City Council reserves the right, under Section 53340 of the Act, to utilize any method of collecting the Special Taxes which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.

7. The levy of the Special Taxes shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD. The City Council hereby determines that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring within the CFD.

8. It is the intention of the City Council, acting as the legislative body for the CFD, to cause bonds of the City to be issued for the CFD pursuant to the Act to finance in whole or in part the construction and/or acquisition of the Facilities. The bonds issued in these proceedings shall be callable in accordance with the provisions of the Act, and shall be issued in such series and bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, shall mature not to exceed 40 years from the date of the issuance thereof and shall be as more specifically set forth in any resolution authorizing the issuance of such bonds.

9. Section 53314.9 of the Act provides that, either before or after formation of the CFD, the City may accept work in-kind from any source, including, but not limited to, private persons or private entities, may provide, by resolution, for the use of that work in-kind for any authorized purpose and the City Council may enter into an agreement (an “Acquisition Agreement”), by resolution, with the person or entity advancing the work in-kind, to reimburse the person or entity for the value, or cost, whichever is less, of the work in-kind, as determined by the City Council, with or without interest, under the conditions specified in the Act. Any work in-kind must be performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the City. The City Manager and each other authorized officer of the City is hereby authorized and directed to enter into the Acquisition Agreement with the City and the developer(s).

Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by a public agency other than the agency that created the district, or services to be provided by a public agency other than the agency that created the district, or any combination, only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to this section. The City Manager and each other authorized officer of the City is hereby authorized and directed to enter into joint community facilities agreements and/or acquisition agreements with the City and any other public agency that will own or operate any of the Facilities or provide any of the Services, as may be necessary to comply with the provisions of Section 53316.2 of the Act. The City Council hereby declares that such joint agreements will be beneficial to owners of property in the area of the CFD.

10. The Finance Director of the City, as the officer having charge and control of the Facilities and Services in and for the CFD, or the designee of such official, is hereby directed to cause and direct a study of said proposed CFD and the Facilities and Services, and to cause to be prepared for filing at the public hearing the report required by Section 53321.5 of the Act (the “CFD Report”) presenting at least the following:
609
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 10 (a) A brief description of the Facilities and Services by type which will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act.
(c) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs.

The CFD Report shall be made a part of the record of the public hearing specified below.

11. The City Council also intends to establish an initial annual appropriations limit for the CFD in an amount not to exceed $67,000,000, subject to increase in accordance with law.

12. The City Council hereby sets December 5, 2023, at 7:00 p.m., at the City of Dublin Civic Center Council Chambers located at 100 Civic Plaza, Dublin, California 94568, as the time and place when and where the City Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD, and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, and the levy of the Special Taxes. At the hearing, testimony concerning the CFD, the extent of the CFD, or the furnishing of the particular types of Facilities and Services will be heard and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD.

Written protests by the owners of a majority of the land which would be subject to special taxation within the proposed CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing. If such protests are directed only against certain elements of the proposed improvements or proposed Special Taxes, and if such protests constitute a majority protest, only those elements shall be deleted from the proceedings.

13. The City Clerk is hereby directed to cause notice of the public hearing, attached hereto as Exhibit C, to be given by one-time publication in a newspaper published in the area of the CFD. The publication shall be completed at least 7 days before the date of the public hearing referenced above. The notice shall be substantially in the form specified in Section 53322 of the Act and attached hereto, with the form summarizing the provisions hereof hereby specifically approved.

14. This Resolution shall take effect from and after its adoption. 610
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 10 PASSED, APPROVED AND ADOPTED this 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
611
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 10

EXHIBIT A
Shown as Attachment 2 – Exhibit A to Resolution of Intention to Form a Community Facilities District 612
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 10

EXHIBIT B

LIST OF AUTHORIZED FACILITIES AND SERVICES
The CFD is authorized to finance, in whole or in part, the following facilities and services:

Authorized Facilities, Including Fees Financing Facilities In accordance with the Act, the CFD is authorized to finance the purchase, construction, expansion, improvement, or rehabilitation of any real or other tangible property with an estimated useful life of five years or longer, together with the planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of any real or tangible property (collectively, the “Facilities”). By way of example and not limitation, the CFD may fund any of the following: roadways and roadway improvements, traffic signals, regional hiking and biking trails, storm drains and basins, water and wastewater facilities (including, without limitation, domestic and non-domestic water facilities, wells, pre-treatment basins, infiltration basins, reservoirs, pipelines, storm and sewer drains and related infrastructure and improvements), wet and dry utilities, bridges and pedestrian bridges, tunnels, parks sites, park facilities and equipment, open space, school sites, school facilities and equipment, facilities and equipment relating to fire protection and suppression, facilities and equipment relating to police protection services, animal control facilities, library facilities and equipment, general government facilities, and related infrastructure improvements, both onsite and offsite, and all appurtenances and appurtenant work in connection with the foregoing (including utility line relocations and electric, gas and cable utilities). The Facilities may be constructed and installed by the City of Dublin (“City”), County of Alameda (“County”), Zone 7 Water Agency, Dublin San Ramon Services District, Dublin Unified School District or other local agency and/or acquired by the City, County, Zone 7 Water Agency, Dublin San Ramon Services District, or other local agency from private parties that construct the Facilities. Authorized Facilities also include the prepayment of overlapping community facilities district and assessment district liens.

Authorized Facilities include facilities financed by development impact fees paid and not otherwise reimbursed, whether levied by the City, County, Zone 7 Water Agency, Dublin San Ramon Services District, Dublin Unified School District or other local agency.

Authorized Services
The CFD is authorized to finance each and every service authorized to be financed under the Act (collectively, the “Services.”) By way of example and not limitation, the CFD may fund any of the following: furnishing, operating, maintaining and repairing equipment, apparatus or facilities related to providing the Services and/or equipment, apparatus, facilities or fixtures in areas to be maintained or repaired, paying the salaries and benefits of personnel necessary or convenient to provide the Services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of Services. “Maintenance” shall include replacement, and the creation and funding of a reserve fund to pay for a replacement.

It is expected that the Services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof. 613
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 10 Administrative and Incidental Expenses
In addition to the above facilities, other incidental expenses as authorized by the Mello-Roos Community Facilities Act of 1982, include these: the cost of planning, permitting, engineering, and designing the facilities (including the cost of environmental evaluation, orthophotography, and environmental remediation/mitigation); land acquisition and easement payments for authorized CFD facilities; project management; construction staking; engineering studies and preparation of an engineer’s report; utility relocation and demolition costs incidental to construction of the facilities financed through the CFD; determination of the amount of taxes and collection of taxes; payment of taxes; costs otherwise incurred to carry out the authorized purposes of the CFD, including the issuance of bonds; reimbursements to other areas for infrastructure facilities or planning purposes serving development in the CFD; and any other expenses incidental to the construction, completion, and inspection of the facilities.

In addition, the CFD shall fund the direct and indirect expenses incurred by the City, County or any other local agency in carrying out its duties with respect to the CFD including, but not limited to:

1. The levy and collection of the special taxes.

2. The fees and expenses of attorneys and consultants.

3. Any fees related to the collection of the special taxes.

4. An allocable share of the salaries and benefits of any City staff, or consultant fees, directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto.

5. Any amounts paid by the City with respect to the CFD.

6. Expenses incurred in undertaking action to foreclose on properties for which the payment of special taxes is delinquent.

7. Administrative fees of the City and the bond trustee or fiscal agent related to the CFD and the bonds issued by or for the CFD.

8. Costs related to the formation of the CFD.

9. Reimbursement of costs related to the formation of the CFD advanced by the City, the landowner(s) in the CFD or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowner(s) in the CFD or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the CFD.

10. Costs related to the issuance of bonds by or for the CFD, including underwriters discount, reserve fund, capitalized interest, letter of credit fees and expenses, fees and expenses of bond counsel, disclosure counsel, special tax consultant, municipal advisor and appraiser, bond remarketing costs, and all other incidental expenses.

11. All other costs and expenses of the City in any way related to the CFD. 614
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 10

EXHIBIT C

FORM OF

NOTICE OF PUBLIC HEARING ON PROPOSED
CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (EAST RANCH)

CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
The City of Dublin is considering the formation of a community facilities district (the "CFD") under the authority of the Mello-Roos Community Facilities District Act of 1982, as amended, to fund certain public facilities related to new development within the City of Dublin, and to incur bonded indebtedness of the CFD.

This Notice contains a brief summary of the proposal, but you are referred to the City Council’s Resolution of Intention to Form a Community Facilities District and Levy Special Taxes (No. 23-_____, adopted October 17, 2023) and its Resolution of Intention to Incur Bonded Indebtedness (No. 23-_____, adopted October 17, 2023) for details of the proposals.

The proposal is to subject the property within the CFD to special taxes which will be used to pay for authorized services and facilities within the CFD, including paying principal and interest on bonds used to build facilities. The proceeds of the bonds will be used to pay for the facilities and services and other expenses set forth in the resolutions referred to in the preceding paragraph. A map showing the land proposed to be included in the CFD is on file with the City Clerk.

As set forth below, the City Council will hold a public hearing on the establishment of the CFD, the facilities and services to be financed by the CFD, and the levy of the special taxes within the CFD.

The proposal also includes authority to issue up to $67,000,000 in bonds to be repaid by the special tax levied for facilities and bonds. Neither the City of Dublin nor any person outside the CFD has any liability for the special taxes or the bonds. The security for the bonds is limited to the property subject to the special taxes within the CFD.

In order to confer the authority upon the City Council of the City of Dublin to levy the special taxes and to issue the bonds, a public hearing must be held on the proposal, then the City Council will decide whether to form the CFD, and finally the qualified electors within the CFD must approve the proposal by a two-thirds vote. Where the CFD is uninhabited (as is the case here) the qualified electors are, pursuant to law, the owners of property within the CFD.

This is the notice of the public hearing. The public hearing will be held during the City Council meeting on December 5, 2023 at 7:00 p.m. at the City of Dublin Civic Center Council Chambers located at 100 Civic Plaza, Dublin, California 94568.

At the hearing, the testimony of all interested persons or potential special taxpayers for or against the formation of the CFD, the authorization to levy the special taxes to pay for the proposed services and facilities, and the authorization to issue the bonds will be heard.

If written protests against the proposed CFD are delivered to the City Clerk at or before the time set for the hearing by either registered voters residing within, or the owners of property 615
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 10 of 10 within, the proposed CFD, they will be counted toward a possible majority protest. Such protests by a majority of the registered voters residing within the CFD or by the owners of a majority of the land area within CFD which is or will be subject to the special taxes, if not withdrawn prior to the close of the hearing so as to reduce the value of the protests to less than a majority, will require the proposed CFD to be eliminated from immediate consideration, and prevent its being included in a subsequent proceedings for at least one year.

If the City Council, after the public hearing, determines that a majority protest under Section 53324 of the California Government Code was not made at the hearing, the City Council may conduct an election by mailed ballot to levy the special taxes within the CFD.

Questions should be directed to the undersigned, telephone (925) 833-6650.

Dated: _______________, 2023
Marsha Moore, MMC
City Clerk, City of Dublin
616
Ea
st Ranch CFD No. 2023-1 1 October 5, 2023

CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(EAST RANCH)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in the C ity of Dublin C ommunity Facilities District No. 2023-1 ( East Ranch ) shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“
Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded at the County Recorder’s Office. “
Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, of Title 5 of the Government Code of the State of California.
“A
dministrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the C ity in carrying out its duties with respect to the CFD and the Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Tax es and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complying with continuing disclosure requirements for the City and any major property owners or other obligated parties , costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“
Administrator” shall mean the person or firm designated by the C ity to administer the Special Taxes according to this RMA.
“A
ffordable Housing Unit” means any Residential Unit on a Parcel of Developed Property for which a deed restriction has been recorded on title of the property that limits the rental rate or sales price or otherwise restricts the affordability of the Residential Unit or income of its occupants. It is incumbent upon the builder, developer, or property owner to make the Administrator aware of such deed restriction. Residential Units on Welfare Exemption Property shall be categorized as Welfare Exemption Property for purposes of this RMA, not as Affordable Housing Units.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 617
Ea
st Ranch CFD No. 2023-1 2 October 5, 2023
“
Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an As sessor’s Parcel Map with an assigned Assessor’s Parcel number.
“
Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by Assessor’s Parcel number.
“
Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by the CFD.
“
Authorized Services” means the public services authorized to be funded, in whole or in part, by the CFD.
“
Average Sales Price” means the weighted average sales price for all Residential Units within a particular Tax Zone that have sold within the past 6 months or are expected to sell in a normal marketing environment, and shall not include Affordable Housing Units or Residential Units that are sold at a discount for the purpose of stimulating initial sales activity. The sales price shall include the actual sales price of the Residential Units within the respective Tax Zone that have sold within the past 6 months or are expected to sell in a normal marketing environment including, but not limited to, options, upgrades, and premiums.
“B
ase Facilities Special Tax” means, for any Land Use Category, the applicable Special Tax initially identified in Table 1 of Section C, as may be adjusted pursuant to Section D herein. “B
onds” means bonds or other debt (as defined in the Act), whether in one or more series, secured by the Facilities Special Tax and issued or assumed by the CFD to fund Authorized Facilities. “
Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “
Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
“
CFD” means the City of Dublin Community Facilities District No. 2023-1 (East Ranch). “C
FD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“C
ity” means the City of Dublin.
“C
ity Council” means the City Council of the City of Dublin, acting as the legislative body of CFD No. 2023-1.
“C
ounty” means the County of Alameda.
“
Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 618

East Ranch CFD No. 2023-1 3 October 5, 2023
Property for which a Bu ilding P ermit for new construction was issued prior to June 1 of the preceding Fiscal Year.

“Development Class” means, individually, Developed Property, Final Map Property, Undeveloped Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property.

“Exempt Affordable Units Parcel” means the Parcel in the CFD on which all Residential Units are expected to be Affordable Housing Units and, therefore, such Parcel (or Parcels once subdivided) is exempt from the levy of the Special Taxes unless and until Re sidential Units constructed on such Parcel(s) no longer have a deed restriction making them Affordable Units.

The Exempt Affordable Units Parcel is identified in Attachment 1 hereto. Such exemption shall apply to the Parcel once it becomes a stand -alone Assessor’s Parcel, whether such Parcel is Developed Property or Undeveloped Property, as defined herein.

“Expected Land Uses” means, for any Tax Zone, the number of Residential Units and the acreage of Other Property expected within the CFD at CFD Formation, as identified in Attachments 1 and 2 of this RMA. Pursuant to Section D of this RMA, the Administrator shall update Attachment 2 each time there is a Land Use Change. Such update shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.

“Expected Maximum Facilities Special Tax Revenues” means the aggregate Facilities Special Tax that can be levied based on application of the Base Facilities Special Tax to the Expected Land Uses. The Expected Maximum Facilities Special Tax Revenues at CFD Formation are shown in Attachment 2 and may be revised pursuant to Section D and H below.

“Facilities Special Tax” means a special tax levied in any Fiscal Year on P arcels in the CFD to pay the Facilities Special Tax Requirement.

“Facilities Special Tax Requirement” means the amount necessary in any Fiscal Year (i) to pay principal and interest on Bonds which are due in the calendar year which begins in such Fiscal Year, (ii) to replenish reserve funds to the extent such replenishment has not been included in a computation of the Facilities Special Tax Requirement in a previous Fiscal Year, (iii) to cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year, (iv) to pay Administrative Expenses, and (v) to pay the costs of Authorized Facilities to be funded directly from Facilities Sp ecial Tax proceeds to the extent that paying directly for such costs does not increase the Facilities Special Taxes levied on Final Map Property or Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the preceding sentence may be redu ced in any Fiscal Year by (i) interest earnings on or surplus balances in funds and accounts for Bonds to the extent that such earnings or balances are available to apply against debt service pursuant to the Indenture, (ii) proceeds from the collection of penalties associated with delinquent Facilities Special Taxes, and (iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator.

“Final Map” means a final map, or portion thereof, approved by the C ity pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates SFD Lots.

The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 619

East Ranch CFD No. 2023-1 4 October 5, 2023
subdivision map or portion thereof, that does not create SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.

“Final Map Property” means, in any Fiscal Year, all SFD Lots created within Final Maps that had recorded prior to June 1 of the preceding Fiscal Year and which have not yet become Developed Property.

“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Facilities Special Taxes levied and collected from Parcels of Taxable Property in the CFD.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Improvement Fund” means the account (regardless of its name) identified in the Indenture to hold funds that are available for expenditure to acquire or construct Authorized Facilities or to pay eligible impact fees.

“Indenture” means the bond indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same.

“Land Use Category” means, individually, Single Family Property or Other Property. Affordable Housing Units shall be considered a separate Land Use Category for purposes of this RMA.

“Land Use Change” means a proposed or approved change to the Expected Land Uses after CFD Formation.

“Master Developer” means TH East Ranch Dublin, LLC, a California limited liability company, and its successors and assigns.

“Maximum Facilities Special Tax” means the greatest amount of Facilities Special Tax that can be levied on a Parcel in any Fiscal Year as determined in accordance with Sections C and D below.

“Maximum Services Special Tax” means the greatest amount of Services Special Tax that can be levied on a Parcel in any Fiscal Year, as determined in accordance with Section C below.

“Maximum Special Tax” means, as the context requires, either or both of the Maximum Facilities Special Tax and Maximum Services Special Tax.

“Other Property” means any Parcel of Taxable Property in the CFD that does not fit within the definition of Single Family Property, Affordable Housing Unit, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property.

“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 620

East Ranch CFD No. 2023-1 5 October 5, 2023
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure.

“Price Point Consultant” means any consultant or firm selected by the City that: (a) has substantial experience in performing price point studies for Residential Units within community facilities districts or otherwise estimating or confirming pricing for Residential Units in community facilities districts; (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of Residential Units in community facilities districts; (c) is independent and not under the control of the City or any developer of Parcels in the CFD; (d) does not have any substantial interest, direct or indirect, with or in: (i) the CFD, (ii) the City, or (iii) any owner of real property in the CFD; and (e) is not connected with the City as an officer or employee thereof, but who may be regularly retained to make reports to the City.

“Price Point Study” means a price point study or letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section D herein. For each Tax Zone in the CFD, the price point study shall analyze Residential Units with similar density, lot sizes, square footage ranges, and product type as the Residential Units within that Tax Zone and excluding Affordable Housing Units. The Master Developer will be provided the opportunity to review and comment on the draft price point study before a final version is presented to the City.

“Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class.

“Public Property” means any property within the boundaries of the CFD that is owned by the City, County, federal government, State of California, or other public agency.

“Required Coverage” means the amount by which the Expected Maximum Facilities Special Tax Revenues must exceed the Bond debt service and priority Administrative Expenses (if any), as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that sets forth the minimum required debt service coverage.

“Residential Unit” means an SFD Unit or an individual residential unit within a duplex, halfplex, triplex, fourplex, townhome, live/work or condominium structure. A second unit (granny flat) that shares a Parcel with an SFD Unit shall not be considered a Residential Unit for purposes of levying the Special Taxes.

“RMA” means this Rate and Method of Apportionment of Special Taxes.

“Services Special Tax” means a special tax levied in any Fiscal Year on Parcels in the CFD to pay the Services Special Tax Requirement.

“Services Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure delinquencies in the payment of Services Special Taxes which have occurred in the prior Fiscal Year. In any Fiscal Year, the Services Special Tax Requirement shall be reduced by surplus ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 621

East Ranch CFD No. 2023-1 6 October 5, 2023
amounts available (as determined by the C ity) from the levy of the Services Special Tax in prior Fiscal Years, including revenues from collection of delinquent Services Special Taxes and associated penalties and interest.

“SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map.

“SFD Unit” means a r esidential dwelling unit that does not share a common wall with another residential dwelling unit.

“Single Family Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building P ermit was or is expected to be issued for : (i) construction of an SFD Unit, or ( ii) construction of a residential structure consisting of two or more Residential Units that share common walls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Residential Units are purchased and subsequently offered for rent by the owner s of the Residential U nits), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.

“Special Taxes” means the Facilities Special Tax and Services Special Tax.

“Tax Zone” means a geographic area within which a particular Maximum Facilities Special Tax rate may be levied pursuant to this RMA, as identified in Attachment 1 hereto.

“Taxable Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all three of the following conditions: (i) the Parcel had not been Owners Association Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel was not anticipated to be Owners Association Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Facilities Sp ecial Tax because it is Owners Association Property, the Expected Maximum Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.

“Taxable Property” means all of the Parcels within the boundaries of the CFD that are not exempt from the Special Taxes pursuant to law or Section G below.

“Taxable Public Property ” means in any Fiscal Year after the F irst Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below), the Parcel was not anticipated to be Public Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Facilities Special Tax because it is Public Property, the Expected Maximum Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 622

East Ranch CFD No. 2023-1 7 October 5, 2023
“Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Welfare Exemption Property that satisfies all three of the following conditions: (i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D below ), the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if th e Parcel were to be exempt from the Facilities Special Tax because it has become Welfare Exemption Property, the Expected Maximum Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.

“Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto.

“Total Tax Burden” means, for Single Family Property, that the Special Taxes, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities districts, or any other taxes, fees and charges which would be collected by the County on property tax bills for a Residential Unit with an assessed value equal to the Average Sales Price, and which are payable from and secured by the property assuming such Residential Unit had been completed, sold, and subject to such levies and impositions, excluding service charges such as sewer and trash, and voluntary assessments such as those associated with a Property Assessed Clean Energy program.

“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Final Map Property, Developed Property, Taxable Owners Association Property, Taxable Publi c Property, or Taxable Welfare Exemption Property as defined herein.

“Welfare Exemption Property ” means, in any Fiscal Year, any Parcels in the CFD that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. DATA FOR ADMINISTRATION OF THE SPECIAL TAXES

Each Fiscal Year, the Administrator shall: (i) assign each Parcel of Taxable Property to the appropriate Tax Zone and the appropriate Development Class; (ii) for Developed Property, categorize each Parcel as Single Family Property, an Affordable Housing Unit, or Other Property; and (iii) determine th e Facilities Special Tax Requirement and the Services Special Tax Requirement for the Fiscal Year. In addition, the Administrator shall, on an ongoing basis, monitor the Tentative Map, Final Maps, and Building Permits to determine if there are any proposed Land Use Changes that would change the Expected Maximum Facilities Special Tax Revenues. If the Expected Maximum Facilities Special Tax Revenues will be revised pursuant to a proposed Land Use Change, the Administrator shall apply the steps set forth in Section D below.

In any Fiscal Year, if it is determined that: (i) a parcel map for property in the CFD was recorded after Jan uary 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly -created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 623

East Ranch CFD No. 2023-1 8 October 5, 2023
map, and (iii) one or more of the newly- created Parcels is in a different Development Class than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the parcel map by determining the Special Taxes that apply separately to the property within each Development Class, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.

C. MAXIMUM SPECIAL TAXES

1. Facilities Special Tax: Developed Property and Final Map Property

The Maximum Facilities Special Tax for a Parcel of Developed Property is the greater of: (i) the Base Facilities Special Tax set forth in Table 1 below, or (ii) the Maximum Facilities Special Tax determined pursuant to Section D.

Table 1
Base Facilities Special Tax
Developed Property and Final Map Property

Tax Zone and
Land Use Category
Base Facilities Special Tax
Fiscal Year 2023-24 *
Tax Zone 1
Single Family Property
Affordable Housing Units
Other Property
$5,850 per Residential Unit or SFD Lot
$0 per Residential Unit
$28,741 per Acre
Tax Zone 2
Single Family Property
Affordable Housing Units
Other Property
$4,600 per Residential Unit or SFD Lot
$0 per Residential Unit
$35,934 per Acre
Tax Zone 3
Single Family Property
Affordable Housing Units
Other Property
$4,400 per Residential Unit or SFD Lot
$0 per Residential Unit
$28,679 per Acre
Tax Zone 4
Single Family Property
Affordable Housing Units
Other Property
$3,750 per Residential Unit or SFD Lot
$0 per Residential Unit
$33,034 per Acre
Tax Zone 5
Single Family Property
Affordable Housing Units
Other Property
$3,300 per Residential Unit or SFD Lot
$0 per Residential Unit
$37,882 per Acre
Tax Zone 6
Single Family Property
Affordable Housing Units
Other Property
$2,000 per Residential Unit or SFD Lot
$0 per Residential Unit
$38,373 per Acre

* On July 1, 2024, and on each July 1 thereafter, all figures shown in Table 1 above shall be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 624

East Ranch CFD No. 2023-1 9 October 5, 2023

2. Facilities Special Tax: Undeveloped Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property

Table 2 below identifies the Maximum Facilities Special Tax for Parcels of Undeveloped Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property in each Tax Zone.

Table 2
Maximum Facilities Special Tax for Undeveloped Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property

Tax Zone
Maximum Facilities
Special Tax
(Fiscal Year 2023-24)*
Tax Zone 1
Tax Zone 2
Tax Zone 3
Tax Zone 4
Tax Zone 5
Tax Zone 6
$28,741 per Acre
$35,934 per Acre
$28,679 per Acre
$33,034 per Acre
$37,882 per Acre
$38,373 per Acre

* On July 1, 2024 and on each July 1 thereafter, all dollar amounts shown in Table 2 above shall be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

3. Services Special Tax: Developed Property and Final Map Property

The Maximum Services Special Tax for Parcels of Developed Property and Final Map Property is $381 per Residential Unit or SFD Lot in Fiscal Year 2023 -24. On July 1, 2024 and on each July 1 thereafter, the Maximum Services Special Tax shall be increased by an amount equal to 4.0% of the amount in effect for the prior Fiscal Year.

4. Services Special Tax: Undeveloped Property

Table 3 below identifies the Maximum Services Special Tax for Parcels of Undeveloped Property in each Tax Zone.

Table 3
Maximum Facilities Special Tax for Undeveloped Property

Tax Zone
Maximum Services
Special Tax
(Fiscal Year 2023-24)*
Tax Zone 1
Tax Zone 2
Tax Zone 3
Tax Zone 4
Tax Zone 5
Tax Zone 6
$1,872 per Acre
$2,636 per Acre
$2,484 per Acre
$3,356 per Acre
$4,373 per Acre
$7,316 per Acre

* On July 1, 2024 and on each July 1 thereafter, all dollar amounts shown in Table 3 above shall be increased by an amount equal to 4.0% of the amount in effect for the prior Fiscal Year.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 625

East Ranch CFD No. 2023-1 10 October 5, 2023
D. C HANGES TO THE MAXIMUM FACILITIES SPECIAL TAX

Pursuant to this Section D, the Administrator may from time to time update Attachment 2 to reflect revised Expected Maximum Facilities Special Tax Revenues. Such update shall be maintained internally by the Administrator and shall not require recordation of an amended RMA.

1. Land Use Changes

The Expected Maximum Facilities Special Tax Revenues shown in Attachment 2 were originally calculated based on the Expected Land Uses at CFD Formation. Attachment 2 is subject to modification upon the occurrence of Land Use Changes, as described below. The Administrator shall review all Land Use Changes and compare the revised land uses to the Expected Land Uses to evaluate the impact on the Expected Maximum Facilities Special Tax Revenues.

Prior to the First Bond Sale, if a Land Use Change is proposed or identified that will result in a change in the Expected Maximum Facilities Special Tax Revenues, no action will be needed pursuant to this Section D. Upon approval of the Land Use Change, the Administrator shall update Attachment 2 to show the revised Expected Maximum Facilities Special Tax Revenues.

After the First Bond Sale, if a Land Use Change is proposed or identified, Steps 1 through 3 below must be applied:

Step 1: By reference to Attachment 2 (which shall be updated by the Administrator each time a Land Use Change has been processed according to this Section D or a partial prepayment has been made), the Administrator shall identify the Expected Maximum Facilities Special Tax Revenues prior to the Land Use Change.

Step 2: The Administrator shall calculate the Expected Maximum Facilities Special Tax Revenues that could be collected from Taxable Property in the CFD after the Land Use Change based on application of the Base Facilities Special Taxes from Table

1. Step 3: If the revenues calculated in Step 2 are (i) higher than those determined in Step 1 or (ii) less than those calculated in Step 1, but the reduction in Expected Maximum Facilities Special Tax Revenues does not reduce debt service coverage on outstanding Bonds below Required Coverage, no further action is needed, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Facilities Special Tax Revenues.

If the revenues calculated in Step 2 are less than those calculated in Step 1, and the Administrator determines that the reduction in Expected Maximum Facilities Special Tax Revenues would reduce debt service coverage on outstanding Bonds below the Required Coverage, one of the following shall occur:

3.a. The landowner requesting the Land Use Change (the “Requesting Landowner”) may make a prepayment in an amount that will ensure that the reduced Expected Maximum Facilities Special Tax Revenues are sufficient to provide Required Coverage, as determined pursuant to Section H below. If the ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 626

East Ranch CFD No. 2023-1 11 October 5, 2023
Requesting Landowner notifies the Administrator that he/she would like to remedy the reduction by making a prepayment, such prepayment must be made by the earlier of (i) 30 days from the date of delivery of the prepayment estimate or (ii) the date of issuance of any Building Permits for any Parcel owned by the Requesting Landowner that was Final Map Property or Undeveloped Property at the time the Administrator prepared the prepayment estimate, or

3.b. If a prepayment is not received by the due date specified above, the Base Facilities Special Tax used to determine the Maximum Facilities Special Tax for each Parcel of Taxable Property in the area affected by the Land Use Change shall be increased proportionate ly until the Expected Maximum Facilities Special Tax Revenues are sufficient to maintain Required Coverage.

If multiple Land Use Changes are proposed simultaneously by a single landowner (which may include approval of multiple Final Maps at one time), and the landowner requests that the impact of two or more of the Land Use Changes be considered together, the Administrator shall consider the combined effect of the Land Use Changes to determine if there is a reduction in Expected Maximum Facilities Special Tax Revenues. If there is a reduction that would reduce debt service coverage below the Required Coverage, and no prepayment has been received, then the Base Facilities Special Tax used to determine the Maximum Facilities Special Tax for each Parcel of Taxable Property in the areas affected by the Land Use Changes shall be increased proportionately until the aggregate amount that can be levied within such areas is equal to the amount that could have been levied prior to the proposed Land Use Changes. If Land Use Changes are proposed simultaneously by multiple landowners, or if an individual landowner proposing multiple Land Use Changes does not request that such Land Use Changes be considered together, the Administrator shall consider the proposed Land Use Changes individually.

Notwithstanding the foregoing, once a certificate of occupancy has been issued for a Residential Unit on a Parcel, the Maximum Facilities Special Tax for the Parcel cannot be increased because of subsequent Land Use Changes that may occur within the area in which the Parcel is located.

The duties imposed on the Administrator pursuant to this Section D to review Land Use Changes, and to review Final Maps and make certain calculations, are intended only to facilitate the administration of the Facilities Special Tax and to better assure the sufficiency of tax capacity to pay debt service on Bonds. Such duties are not intended to give any developer, subdivider, or owner of property the right to receive notice of the potential impact of Land Use Changes on the Facilities Special Tax applicable to a Parcel; and each developer, subdivider, or owner of property whose property is the subject of a Land Use Change shall be responsible for understanding the impact thereof on the Facilities Special Tax applicable to such property.

2. Partial Prepayments

If a Parcel makes a partial prepayment pursuant to Section H below, the Administrator shall recalculate the Maximum Facilities Special Tax for the Parcel pursuant to Section H.2. In addition, the Administrator shall update Attachment 2 to reflect the prepayment and the revised Expected Maximum Facilities Special Tax Revenues for the CFD. After the prepayment has been received, the application of Sections D, E, and H of this RMA shall be based on t he adjusted Expected Maximum Facilities Special Tax Revenues after the prepayment.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 627

East Ranch CFD No. 2023-1 12 October 5, 2023

3. Conversion of a Parcel to a Taxable Land Use

If, in any Fiscal Year, an Affordable Housing Unit, the Exempt Affordable Units Parcel, or a Parcel of Public Property, Welfare Exemption Property, or Owners Association Property that had been exempt from the Special Taxes is converted to Single Family Property or Other Property, such Parcel shall be subject to the levy of Special Tax es. The Maximum Special Tax es for each such Parcel shall be determined based on the applicable Land Use Category for the Parcel, as determined by the Administrator. In addition, the Administrator shall update Attachment 2 to reflect the revised Expected Land Uses and Exp ected Maximum Facilities Special Tax Revenues for the CFD.

4. Increase in Affordable Housing Units

If, prior to the First Bond Sale, the Administrator determines that there is an increase in the number of Affordable Housing Units expected within any Tax Zone , the Administrator shall update the Expected Land Uses and Expected Maximum Facilities Special Tax Revenues in Attachment 2, and the additional Affordable Housing Units will be exempt from the Special Taxes.

If, at any time after the First Bond Sale, additional Affordable Housing Units are proposed, and if the addition of the new Affordable Housing Units will decrease the Expected Maximum Facilities Special Tax Revenues to a point at which Required Coverage cannot be maintained, the Administrator shall calculate the Maximum Facilities Special Tax that must be assigned to each of the new Affordable Housing Units to maintain Required Coverage. The Maximum Facilities Special Tax assigned to the new Affordable Housing Units shall be escalated each Fiscal Year by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

5. Transfer of Expected Maximum Facilities Special Tax Revenues Among Tax Zones

The Expected Maximum Facilities Special Tax Revenues were determined for each Tax Zone based on the Expected Land Uses within that Tax Zone. If the expected n umber of Residential Units or the expected acres of Other Property is transferred from one Tax Zone to another, the City may, in its sole discretion, allow for a corresponding transfer of Expected Maximum Facilities Special Tax Revenues between the Tax Zones . Such a transfer shall only be allowed if (i ) all adjustments are agreed to in writing by the affected property owners and the City, and (ii) there is no reduction in the total Expected Maximum Facilities Special Tax Revenues as a result of the transfer. After such a transfer, the Administrator shall update Attachment 2 to reflect the revised Expected Maximum Facilities Special Tax Revenues for each Tax Zone.

6. Reduction in Maximum Facilities Special Tax

The Base Facilities Special Tax for one or more Tax Zones shall be reduced prior to the First Bond Sale if the City reasonably determines based on a Price Point Study that, without a reduction in the Base Facilities Special Tax for Residential Units within those Tax Zone(s), the Total Tax Burden will exceed 1.58% of the Average Sales Price. Such determination shall be made by the City hiring, at the CFD’s expense, a Price Point Consultant to prepare a Price Point Study to confirm the Average Sales Price for Residential Units within each Tax Zone. If, based on the Price Point Study, the Administrator calculates that the Total Tax Burden for Residential Units within one or more Tax Zones will exceed 1.58% of the Average Sales Price, the Administrator and the City ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 628

East Ranch CFD No. 2023-1 13 October 5, 2023
shall meet with the Master Developer to discuss the findings, after which point the Administrator shall reduce the Base Facilities Special Tax to the point at which the Total Tax Burden on Residential Units in each Tax Zone in the CFD is equal to 1.58% of the Average S ales Price for such Residential Units . Any such reduction shall occur at least 60 days prior to the First Bond Sale.

The Base Facilities Special Taxes set forth in Table 1 may also be (i) dis proportionately reduced prior to the First Bond Sale, but not to a level that exceeds the 1.58% described in the previous paragraph, so long as the Master Developer is the owner of all P arcels in the CFD and requests a reduction in the Base Facilities Special Taxes, or (ii) proportionately or disproportionately reduced prior to the First Bond Sale, but not to a level that exceeds the 1.58% described in the previous paragraph, if the owner of any Parcel in the CFD requests a reduction in the Base Facilities Special Taxes and the owners of all Parcels in the CFD consent to such reduction by unanimous vote. Any such reduction shall occur at least 60 days prior to the First Bond Sale.

The Base Facilities Special Tax reductions permitted pursuant to this paragraph shall be reflected in an Amended Notice of Special Tax Lien, which the Administrator shall cause to be recorded.

If, based on the Price Point Study, the Administrator determines that the Total Tax Burden will not exceed 1.58% of the Average Sales Price, then there shall be no change in the Base Facilities Special Tax for Residential Units unless so requested by the Master Developer.

E. METHOD OF LEVY OF THE SPECIAL TAXES

1. Facilities Special Tax

Each Fiscal Year, the Administrator shall determine the Facilities Special Tax Requirement to be collected in that Fiscal Year. A Facilities Special Tax shall then be levied according to the following steps:

Step 1: T he Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Facilities Special Tax for each Parcel of Developed Property until the amount levied is equal to the Facilities Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts.

Step 2: If additional revenue is needed after Step 1 in order to meet the Facilities Special Tax Requirement after Capitalized Interest has been applied to reduce the Facilities Special Tax Requirement, the Facilities Special Tax shall be levied Proportionately on each Parcel of Final Map Property up to 100% of the Maximum Facilities Special Tax for each Parcel of Final Map Property until the amount levied is equal to the Facilities Special Tax Requirement.

Step 3: If additional revenue is needed after Step 2, the Facilities Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for each Parcel of Undeveloped Property until the amount levied is equal to the Facilities Special Tax Requirement.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 629

East Ranch CFD No. 2023-1 14 October 5, 2023
Step 4: If additional revenue is needed after Step 3, the Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property, up to 100% of the Maximum Facilities Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Facilities Special Tax Requirement.

Step 5: If additional revenue is needed after Step 4, the Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property, up to 100% of the Maximum Facilities Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Facilities Special Tax Requirement.

Step 6: If additional revenue is needed after Step 5, the Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property, up to 100% of the Maximum Facilities Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Facilities Special Tax Requirement.

2. Services Special Tax

Each Fiscal Year, the Administrator shall determine the Services Special Tax Requirement and the Services Special Tax shall be levied according to the steps outlined below.

Step 1: The Services Special Tax shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Services Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Services Special Tax Requirement.

Step 2: If additional revenue is needed after Step 1, the Services Special Tax shall be levied Proportionately on each Parcel of Final Map Property up to 100% of the Maximum Services Special Tax for each Parcel of Final Map Property for such Fiscal Year until the amount levied is equal to the Services Special Tax Requirement.

Step 3: If additional revenue is needed after Step 2, the Services Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Services Special Tax for Undeveloped Property for such Fiscal Year until the amount levied is equal to the Services Special Tax Requirement.

F. MANNER OF COLLECTION OF SPECIAL TAXES

The Special Tax es shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section H below and provided further that the City may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods.

The Facilities Special Tax shall be levied and collected until principal and interest on Bonds have been repaid. However, in no event shall Facilities Special Taxes be levied after Fiscal Year 2063- ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 630

East Ranch CFD No. 2023-1 15 October 5, 2023

64. Under no circumstances may the Facilities Special Tax on a Parcel of Developed Property in residential use be increased in any Fiscal Year as a cons equence of delinquency or default in payment of the Facilities Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

The Services Special Tax may be levied and collected in perpetuity.

G. EXEMPTIONS

Notwithstanding any other provision of this RMA, no Special Taxes shall be levied in any Fiscal Year on the following:

i. Public Property, except Taxable Public Property.

ii. Owners Association Property, except Taxable Owners Association Property.

iii. Welfare Exemption Property, except Taxable Welfare Exemption Property.

iv. Affordable Housing Units, except as otherwise provided in Section D.4

v. The Exempt Affordable Units Parcel, except as otherwise provided in Section D.3

vi. Parcels that are owned by a public utility for an unmanned facility.

vii. Parcels that are subject to an easement that precludes any other use on the Parcel.

viii. For purposes of levying the Facilities Special Tax, Parcels that have fully prepaid the Facilities Special Tax obligation assigned to the Parcel pursuant to the formula set forth in Section H below. Su ch Parcels shall still be subject to the levy of the Services Special Tax.

H. PREPAYMENTS

The following definitions apply to this Section H:

“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if a Facilities Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Facilities Special Tax will b e used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula.

“Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.

“Public Facilities Requirement” means either $32.5 million in 2023 dollars, which shall increase on January 1, 2024, and on each January 1 thereafter by two percent (2%) of the amount in effect in the prior year, or such other number as shall be determined by the City as sufficient to fund improvements that are authorized to be funded by the CFD. The Public ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 631

East Ranch CFD No. 2023-1 16 October 5, 2023
Facilities Requirements shown above may be adjusted each time property annexes into the CFD or there is an adjustment to the Expected Maximum Facilities Special Tax Revenues due to a Land Use Change or prepayment.

“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equity, and any other source of funding.

1. Full Prepayment

The Facilities Special Tax obligation applicable to a Parcel in the CFD may be prepaid and the obligation of the Parcel to pay the Facilities Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Facilities Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Parcel. Prepayment must be made not less than 60 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Facilitie s Special Taxes. The Prepayment Amount shall be calculated as follows (capitalized terms as defined below):

Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount

As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:

Step 1. Compute the amount that could be collected from the Parcel prepaying the Facilities Special Tax in the Fiscal Year in which prepayment would be received by the City by applying the Base Facilities Special Tax to the Expected Land Uses for the Parcel . If this Section H is being applied to calculate a prepayment pursuant t o Section D above, compute the amount by which the proposed Land Use Change would reduce Expected Maximum Facilities Special Tax Revenues below the amount needed for Required Coverage, and use this amount for purposes of this Step 1.

Step 2. Divide the Maximum Facilities Special Tax computed pursuant to Step 1 for such Parcel by the total Expected Maximum Facilities Special Tax Revenues for all property in the CFD, as shown in Attachment 2 and as adjusted by the Administrator after prepayments or Land Use Changes.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 632

East Ranch CFD No. 2023-1 17 October 5, 2023
Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

Step 4. Compute the current Remaining Facilities Costs (if any).

Step 5. Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).

Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment will be received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 7, 8, and 9 of this prepayment formula will not apply.

Step 8: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after w hich the prepayment has been received until the redemption date for the Outstanding Bonds.

Step 9: Subtract the amount computed pursuant to Step 8 from the amount computed pursuant to Step 7 (the “Defeasance Requirement”).

Step 10. The administrative fees and expenses associated with the prepayment will be determined by the Administrator and include the costs of computing the prepayment, redeeming Bonds , and recording any notices to evidence the prepayment and the redemption (the “ Administrative Fees and Expenses”).

Step 11. If and to the extent so provided in the Bond Indenture, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).

Step 12. The Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the “Prepayment Amount”).

Step 13. From the Prepayment Amount, the amounts computed pursuant to Steps 3, 6, and 9 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 5 shall be deposited into ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 633

East Ranch CFD No. 2023-1 18 October 5, 2023
the Improvement Fund. The amount computed pursuant to Step 10 shall be retained in the account or fund that is established to pay Administrative Expenses.

Once a full prepayment of a Parcel’s Facilities Special Tax obligation has been received, a Notice of Cancellation of Facilities Special Tax Lien shall be recorded against the Parcel to reflect the discharge of the Parcel’s obligation to pay the Facilities S pecial Tax. However, a Notice of Cancellation of Facilities Special Tax Lien shall not be recorded until all Facilities Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

2. Partial Prepayment

A partial prepayment may be made in an amount equal to any percentage of full prepayment desired by the party making a partial prepayment, except that the full amount of Administrative Fees and Expenses determined in Step 10 shall be included in the partial prepayment. The Maximum Facilities Special Tax that can be levied on a Parcel after a partial prepayment is made shall be equal to the portion of the Maximum Facilities Special Tax that was not prepaid. Once a partial prepayment has been received, an Amended Notice of Facilities Special Tax Lien shall be recorded against the Parcel to reflect the reduced Facilities Special Tax lien for the Parcel, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Facilities Special Tax Revenues. However, an Amended Notice of Facilities Special Tax Lien shall not be recorded until all Facilities Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

3. Maintaining Required Coverage

Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Facilities Special Tax revenue that could be collected from Taxable Property that remains subject to the Facilities Special Tax after the proposed prepayment would be less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a point at which Required Coverage is maintained.

I. INTERPRETATION OF RMA

The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 634

ATTACHMENT 1

City of Dublin
Community Facilities District No. 2023-1
(East Ranch)

Identification of Tax Zones and Expected Lot Layout

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 635
37 27
MJR
30 40
35 36
38 39
34 33
32 29
31 22
24 23
21 28
26 44
25 50
47 48
49 52
51 53
46 42
41 43
45 5
6 7
8 9
10 11
12 13
14 15
16 17
18 1
2 3
4 20
19 PARCEL B
25 13
20 3
34 31
41 37
38 39
40 44
42 43
45 MJR A
32 28
29 33
36 35
27 2324
26 17
18 19
2221
1112
15 14
16 10
9 8
7 6
5 4
2 PARCEL A
1 30

PARCEL B

PARCEL A

PARCEL C
SP
(EXEMPT

AFFORDABLE

UNIT PARCEL)

NEIGHBORHOOD PARK

NEIGHBORHOOD PARK

OPEN SPACE
(BASIN)

OPEN SPACE
(WETLAND)

OPEN SPACE
(BASIN)
52 39
27 MJR
78 68
49 50
65 66
67 63
71 64
70 86 89888784 85 90
83 82 81 80 79 7677
73 74
75 72
91 58
51 59
54 60
56 61
53 62
57 55
47 41
38 43
46 45
40 48
37 44
42 26
34 29
25 31
35 28
36 32
33 30
6 12
10 9
11 7
3 5
4 2
1 17
19 15
18 22
20 21
24 23
16 1413

PARCEL A
8 69
35 MJR
71 64
83 76
53 59
24 21
13 1
2 3
4 5
6 7
8 10
11 12

PARCEL C
16 14

PARCEL D
49 48
47 46
45 44
43 42
41 40
80 81
85 82
84 50 51 52
5554
56 6263
66 65
67 7372
69 70
68 7475
78 77
79 PARCEL F
60 57
58 30
37 36
34 39
27 28 29
3231
33 26 25
23 19
22 20
61 9
15 38

PARCEL A

PARCEL B
17 18

PARCEL E
92 93
94 95
96 97
9899
100
91 90
89 88
87 8685
84 75
73 74
79 76
77 78
81 80
82 13
10 11
12 15
14 16
69 68
67 66
65 64
63 62

PARCEL C
61 60
59 58
57 PARCEL B
56 27
33 28
29 30
31 18
25 32
26 17
55 54
52 53
39 35
36 45
38 37
51 50
49 48
47 46
42 44
43 40
41 101

PARCEL G

PARCEL D

PARCEL E
34 21
22 23
24 20
19 8
1 2
3 4
5 6
7 9
83 MJR 2

PARCEL F
72 70
71 MJR 1

PARCEL A
92 PARCEL D
MJR
41 51 5053
55 PARCEL I
36 35
39 45
44 43
46 PARCEL K
49 47
48 PARCEL L
56 PARCEL M
59 52
54 58
57 62
34 37
74 38
67 42
66 61
60 PARCEL N
63 70

PARCEL O PARCEL P
71 64 6865 7269 73

PARCEL A

PARCEL B

PARCEL C

PARCEL E

PARCEL F
10 22
8 19
5 18
4 15
1 14
11 2
3 6
7 12
16 13
20 17
21 23

PARCEL G
24 25
32 29
26 27

PARCEL H
31 28
30 33

PARCEL R

PARCEL W
86 PARCEL SPARCEL T
88 85
83 89 84
82 80

PARCEL U
93 81
98 PARCEL Q
79 75
78 76

PARCEL V
96 77
97 94
95 90
91 87

PARCEL X
9 40PARCEL J
ATTACHMENT 1

IDENTIFICATION OF TAX ZONES

AND AFFORDABLE UNITS
LEGEND
TAX ZONE 1
TAX ZONE 3
TAX ZONE 4
TAX ZONE 5
TAX ZONE 6
TAX ZONE 2

NEIGHBORHOOD

INDICATES

AFFORDABLE UNITS
Attachment 1
ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 636

ATTACHMENT 2

City of Dublin
Community Facilities District No. 2023-1
(East Ranch)

Expected Land Uses and Expected Maximum Facilities Special Tax Revenues

Tax Zone and
Land Use Category
Expected
Land Uses
Base Facilities
Special Tax
(FY 2023-24) *
Expected
Maximum
Facilities Special
Tax Revenues
(FY 2023-24) *
Tax Zone 1
Single Family Property
Affordable Housing Units
Other Property
99 Residential Units
2 Residential Units
0 Acres
$5,850 per Res.Unit
$0 per Res.Unit
$28,741 per Acre
$579,150
$0
$0
Tax Zone 2
Single Family Property
Affordable Housing Units
Other Property
96 Residential Units
2 Residential Units
0 Acres
$4,600 per Res.Unit
$0 per Res.Unit
$35,934 per Acre
$441,600
$0
$0
Tax Zone 3
Single Family Property
Affordable Housing Units
Other Property
85 Residential Units
6 Residential Units
0 Acres
$4,400 per Res.Unit
$0 per Res.Unit
$28,679 per Acre
$374,000
$0
$0
Tax Zone 4
Single Family Property
Affordable Housing Units
Other Property
85 Residential Units
0 Residential Units
0 Acres
$3,750 per Res.Unit
$0 per Res.Unit
$33,034 per Acre
$318,750
$0
$0
Tax Zone 5
Single Family Property
Affordable Housing Units
Other Property
94 Residential Units
4 Residential Units
0 Acres
$3,300 per Res.Unit
$0 per Res.Unit
$37,882 per Acre
$310,200
$0
$0
Tax Zone 6
Single Family Property
Affordable Housing Units
Other Property
96 Residential Units
4 Residential Units
0 Acres
$2,000 per Res.Unit
$0 per Res.Unit
$38,373 per Acre
$192,000
$0
$0
Expected Maximum Facilities Special Tax Revenues (FY 2023-24 $) $2,215,700

* On July 1, 2024, and each July 1 thereafter, all dollar amounts shown above shall be increased by two percent ( 2%) of the amount in effect in the prior Fiscal Year.

ATTACHMENT 2
Exhibit A -Resolution of Intention to Form a Community Facilities District 637
Attachment 3
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

DECLARING INTENTION TO INCUR BONDED INDEBTEDNESS TO FINANCE THE

ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (EAST RANCH) WHEREAS, the City Council of the City of Dublin (the “City Council”) has this date adopted its resolution titled, “Declaring Intention to Form a Community Facilities District and Levy Special Taxes in City of Dublin Community Facilities District No. 2023-1 (East Ranch) to Finance Certain Public Services and the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District” (the “Resolution of Intention”), stating its intention to form the City of Dublin Community Facilities District No. 2023-1 (East Ranch) (the “CFD”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), for the purpose of financing certain public facilities (the “Facilities”) and public services, as further provided in that Resolution of Intention; and
WHEREAS, the City Council estimates the amount required for the financing of the costs of the Facilities to be the sum of not to exceed $67,000,000; and WHEREAS, in order to finance the costs of the Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $67,000,000 on behalf of the CFD; and WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure; and
WHEREAS, it is in the public interest and for the public benefit that the City declares its official intent to reimburse itself and/or other local agencies constructing and/or acquiring the Facilities on whose behalf the City will issue debt the expenditures related to the Facilities with the proceeds of bonded indebtedness and other debt issued by the City for the CFD.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby finds, determines and resolves as follows:

1. The City Council declares and finds that in order to finance the acquisition and construction of the Facilities, which are described in the Resolution of Intention, it is necessary to incur a bonded indebtedness.

2. The purpose for which the proposed debt is to be incurred is to provide the funds necessary to pay for the cost of the Facilities. The City hereby declares its intention to reimburse itself and/or other local agencies constructing and/or acquiring the Facilities certain expenditures for the Facilities from the proceeds of the bonded indebtedness and other debt described in this Resolution, including costs of the Facilities paid by the City and/or other local agencies on whose 638
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3 behalf the City will issue debt for the CFD prior to the date of issuance of such bonded indebtedness and other debt not in excess of the amount described herein.

3. The maximum amount of the proposed debt is $67,000,000. Indebtedness subject to this limit shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act.

4. It is the intention of the City Council that any such bonds issued shall be made callable in accordance with the terms of the Act and as more specifically to be set forth in any resolution authorizing issuance of the bonds, and shall be issued in such series and bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof.

5. In the event any series of bonds issued under the authorization is refunded to produce savings meeting the requirement of Section 53362.5 of the Act, all or a portion of the savings achieved through the issuance of refunding bonds may be used to finance Facilities insofar as the savings component provides capacity for bonded indebtedness in excess of that being refunded, and such additional bonded indebtedness shall not reduce and may exceed the amount of bonded indebtedness authorized herein.

6. The City Council hereby sets December 5, 2023, at 7:00 p.m., at the City of Dublin Civic Center Council Chambers located at 100 Civic Plaza, Dublin, California 94568, as the time and place for a hearing by the City Council on the proposed bond issue. At that time and place any persons interested, including any persons owning property in the CFD, will be heard.

7. The City Clerk is hereby directed to cause notice of said public hearing to be given by one-time publication in a newspaper of general circulation circulated within the CFD. The publication of said notice shall be completed at least 7 days before the date herein set for said public hearing. Such notice shall be substantially in the form specified in Section 53346 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

8. This Resolution shall take effect from and after its adoption. {Signatures on the following page}
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Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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1 Marsha Moore
From: Linda Smith
Sent: Monday, August 7, 2023 12:47 PM
To: Marsha Moore
Subject: FW: Trumark CFD comments
Follow Up Flag: Follow up
Flag Status: Flagged
FYI
Linda Smith
City Manager
City of Dublin
100 Civic Plaza, Dublin, CA 94568
(925) 452-2151 | (925) 833-6651 FAX
[email protected] | www.dublin.ca.gov
Mission Statement: 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.

From: Tom Evans <offrampmusic@L
IVE.COM>
Sent: Monday, August 7, 2023 12:43 PM
To: Linda Smith <[email protected]>
Cc: Amy Million <[email protected]>
Subject: RE: Trumark CFD comments
Hi Linda –
I made changes to these total tax rates, based on a
weighted average… probably more representative
than the last chart. The only one that changed much is Livermore. Hope this is helpful. Please enter this
email and the embedded chart as public comment for
this project.

Regards,
Tom
From: Tom Evans
Sent: Wednesday, July 26, 2023 4:20 PM
To: Linda Smith <[email protected]>
Attachment 4
641
2 Cc: Amy Million <[email protected]>
Subject: Trumark CFD comments

Hi Linda –

I hope you are doing well. I want to address an item that I heard discussed at the last City Council meeting that has to do with the CFD that is under consideration for East Ranch (now known as Francis Ranch)

At one point in the meeting, Councilmember Hu said that she would be in favor of the CFD if it was in line with tax rates of neighboring cities. The response from Pamela Nieting from Trumark was: “I just brought a list of the neighboring cities to give you the total tax rate. I wasn’t able to pull that little bit – the HOA’s fees. But our [1.50]-ish is pretty low. Um. I don’t know if that helps or not.” Based on my research, I don’t think that the information that she gave was accurate.

The ad valorem rates are published for each city, but the total aggregate tax rates for any city, as a whole, are not. That means the best that anyone can do is
estimate. I did my best to estimate the typical total tax bill rate for nearby cities. Certainly within a city the rate will vary for any given property. In my attachment I used
random addresses and tried to gather information from
across the entire city shown by the attached maps.

I ask that you please follow up on Trumark’s claim and
report the information to the City Council. It is important that the Council get accurate information in order to make informed decisions.

Please enter this email and the attachment as public
comment for this project.

Thanks,
Tom Evans

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

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East Ranch Community
Facilities District Formation
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Overview of Presentation
• Review of tonight’s recommended actions
• Review of Prior City Council actions
• Overview of CFD No. 2023-1
• Discussion of CFD Formation Process
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Recommended Actions
• Consideration of a Resolution Declaring Intention to Form a Community Facilities District and Levy Special Taxes in the City of Dublin Community Facilities District No. 2023-1 (East Ranch) to Finance Certain Public Services and the Acquisition And Construction of Certain Public Facilities in and for such Community Facilities District
• Consideration of a Resolution Declaring Intention to Incur Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City Of Dublin Community Facilities District No. 2023-1 (East Ranch). 645
Prior City Council Discussion/Actions
• April 18, 2023, discussed the proposed East Ranch
Project and CFD
• June 20, 2023, discussed the proposed East Ranch
Project and CFD and provided guidance to staff to limit the Effective Tax Rate on residential units to 1.58% of the base sales price
• September 19, 2023, approved a Deposit and
Reimbursement Agreement with developer
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Overview of CFD No. 2023-1
• The East Ranch Project includes 165.5 acres and will include 576 residential units (including 18 Affordable Units that will be exempt from paying special taxes)
• The Project consist of six neighborhoods that will include the following:
– 459 conventional single-family homes
– 14 zero lot-line single-family duet homes
– 100 T ownhomes
– T wo neighborhood parks totaling 11.5 acres
– Two-acre Public/Semi-Public site
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Map of CFD No. 2023-1
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Discussion of Proposed CFD No. 2023-1
• The East Ranch Development originally proposed to have:
– Services CFD that would fund the maintenance of public streets. – Facilities CFD that would help fund construction of certain public infrastructure and development impact fees associated with the project • After further discussion it was determined best approach was to establish a single CFD, that would levy two separate special taxes, one to pay for services and one to pay for facilities, instead of creating two separate CFDs, with the result being the same. 649
Discussion of Proposed CFD No. 2023-1
• The City and Trumark have agreed to cap the maximum
effective tax rate for the East Ranch CFD at 1.58% of
the unit average sales price in each tax zone.
• The East Ranch project is divided into six tax zones, based on the type and size of the homes being sold. The maximum tax rate is based on the average estimated
selling price of homes in each zone.
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Proposed Effective Tax Rates for CFD
Zone 1
65 x 100 lots
Zone 2
55 x 95 lots
Zone 3
50 x 110 lots
Zone 4

49.5 x 80 lots
Zone 5
Cluster lots
Zone 6
Townhomes
Estimated Average Base Sales Price (1) 2,657,000.00$ 2,204,000.00$ 2,143,000.00$ 1,872,000.00$ 1,711,000.00$ 1,267,000.00$ Ad Valorem (2) 33,547.28$ 27,827.70$ 27,057.52$ 23,635.87$ 21,603.09$ 15,997.14$ Other Charges (3) 2,295.48$ 2,096.48$ 2,042.48$ 1,859.48$ 1,809.48$ 1,672.48$ Proposed CFD No. 2023-1 Services Special Taxes (4) 381.00$ 381.00$ 381.00$ 381.00$ 381.00$ 381.00$ Proposed CFD No. 2023-1 Special Taxes (4) 5,850.00$ 4,600.00$ 4,400.00$ 3,750.00$ 3,300.00$ 2,000.00$ Total 42,073.76$ 34,905.18$ 33,881.00$ 29,626.35$ 27,093.57$ 20,050.62$ Total Proposed CFD No. 2023-1 Taxes 6,231.00$ 4,981.00$ 4,781.00$ 4,131.00$ 3,681.00$ 2,381.00$ Estimated Effective Tax Rate 1.58% 1.58% 1.58% 1.58% 1.58% 1.58% (1) Prices per RCLCO report dated 10.04.23
(2) Estimated at 1.2626%per DPFG analysis dated 10.03.23 (3) Estimate per DPFG analysis dated 10.03.23
(4) Per Draft RMA from Goodwin Consulting Group
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Staff Recommends City Council
• Adopt Resolution Declaring Intention to Form a Community Facilities District and Levy Special Taxes in the City of Dublin Community Facilities District No. 2023-1 (East Ranch) to Finance Certain Public Services and the Acquisition and Construction of Certain Public Facilities in and for Such Community Facilities District. • Adopt Resolution Declaring Intention to Incur Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City of Dublin Community Facilities District No. 2023-1 (East Ranch).
• If the above Resolutions are adopted, the City Council hereby sets December 5, 2023, at 7:00 p.m., at the City of Dublin Civic Center Council Chambers located at 100 Civic Plaza, Dublin, California 94568, as the time and place for a hearing by the City Council on the proposed bond issue. At that time and place any persons interested, including any persons owning property in the CFD, will be heard.
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Next Steps
• Should the City Council approve tonight’s Resolutions the City and Trumark will proceed with preparation of legal documents for the public hearing and related City Council actions scheduled for December 5, 2023, which will include the following actions:

1. Hold Public Hearing

2. Adopt Resolution of Formation of the CFD

3. Adopt Resolution Deeming it Necessary to incur Bonded Indebtedness for CFD

4. Adopt Resolution Calling the Election

5. Conduct Landowner-Voter Election

6. Adopt Resolution Declaring Election Results

7. Introduce Ordinance Levying a Special Tax (First Reading) • Following the December 5, 2023 meeting, the City Council will, at a future meeting, consider adoption of the Ordinance Levying a Special Tax, which will authorize the CFD to levy special taxes within the CFD as well as the issuance of special tax bonds for the CFD
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Questions?
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STAFF REPORT

CITY COUNCIL

Agenda Item 8.1
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: MCE Corporation Economic Evaluation and Comparative Analysis Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will receive a report evaluating the City’s costs over a five-year period for maintenance services provided by MCE Corporation. In addition, the report will include a comparative analysis relating to the maintenance services in neighboring jurisdictions of Brentwood, Pleasanton, and San Ramon.

STAFF RECOMMENDATION:

Receive the report.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Background
The City of Dublin has contracted with MCE Corporation for 39 years, with the first agreement being executed on June 29, 1984 for annual street maintenance. Since then, services provided by MCE have grown in line with the City’s growth and now include maintenance of all City parks and facilities. On July 1, 2017, the City and MCE entered into a five-year agreement for such services, and a subsequent two-year amendment was initiated on July 1, 2022. The current amendment to the agreement is set to expire on June 30, 2024 and the City Manager has the option to extend the term an additional three years.

In preparation for the next extension, Staff conducted an assessment of MCE’s services, which included an economic evaluation as well as a comparison of services in neighboring cities.

Specifically, the evaluation looked at the following:
655

 Current MCE responsibilities
 Subcontracted services
 Historical expenditures
 Maintenance requests
 Comparison with neighboring jurisdictions
This Staff Report presents the MCE review and includes a detailed list of services and subcontractors by task (Attachment 1), and cost comparison with the cities of Pleasanton, San Ramon, and Brentwood (Attachment 2).

MCE Evaluation
Summary
MCE provides maintenance services in the following six general categories: Streets, Parks, Assessment Districts, Buildings, Special Events, and Administration. Within those service categories, MCE utilizes 46 dedicated staff, two of which are administrative positions that assist with overseeing the City’s contract, and 44 of which are assigned to the field. In addition, MCE utilizes additional support services or specialized expertise through subcontractors. Currently, MCE utilizes 21 subcontractors, and collects a 13% administrative overhead from the City for management of those contracts.

Table 1 shows the City’s expenditures for MCE over the last five years. This reflects that the City’s largest expenditures are in Parks Maintenance (46% of total), Streets (23%), and Building Maintenance (13%). Attachment 1 provides a detailed list of services and subcontractors by task.

Table 1. Actual Expenditures (Figures Rounded)
FY 2018-
19 FY 2019-20 FY 2020-21 FY 2021-
22 FY 2022-23
MCE
Service Category
Streets $1,232,929 $1,197,952 $1,256,307 $1,363,651 $1,493,092 Building $385,212 $413,549 $346,084 $539,121 $602,028
Parks $1,588,292 $1,465,784 $1,744,098 $1,694,229 $1,994,953 Events $190,160 $91,415 $80,608 $271,920 $321,346
Special Districts $100,815 $76,568 $76,225 $212,159 $111,040 Administration $150,916 $112,547 $161,502 $148,495 $223,575 Contingency $80,610 $93,225 $343,101 $6,892 $95,863
Subtotal $3,728,935 $3,451,040 $4,007,925 $4,236,466 $4,841,897 YoY Change -$277,895 $556,885 $228,541 $605,431
% Change -7.5% 16.1% 5.7% 14.3%
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