EFFECTIVE DATE JULY XX, 2016

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1 Attachment 2 WALNUT CREEK DESIGN REVIEW COMMISSION RESOLUTION NO. XXXX APPLICATION Y TRINITY HEIGHTS CONDOMINIUMS 1950 AND 1962 TRINITY AVENUE APNs and EFFECTIVE DATE JULY XX, 2016 Section 1. Background 1. On July 6, 2016 the Design Review Commission held a regularly scheduled public hearing on which required a conditional use permit, tree removal and design review to construct a four-story, 12-unit condominium and associated parking on 0.28 acre site to be known as Trinity Heights Condominiums at 150 and 162 Trinity Avenue filed by Rick Rosenbaum, Lenox Homes. The subject property is zoned O-C (Office Commercial). 2. On April 28, 2016, the Walnut Creek Planning Commission adopted Resolutions 3716, 3717 and 3718 approving a Conditional Use Permit, a Tentative Subdivision Map for twelve condominiums, and a Tree Removal Permit for the subject project respectively. The Conditional Use Permit is required to develop a residential project in a commercial zoning district, pursuant to the General Plan policy that was in effect at the time the project was deemed complete. 3. On November 18, 2015, the Design Review Commission held a study session and provided preliminary comments and design recommendations to the applicant on the site plan, design concept, siting, landscaping, and public art. The Design Review Commission felt the project was sufficiently developed to be forwarded to the Planning Commission for review of the conditional use permit, tentative subdivision map and tree-related permits. 4. The project is categorically exempt pursuant to the California Environmental Quality Act (CEQA), Article 19, Section In-Fill Development Projects of the environmental processing procedures as adopted by the City of Walnut Creek. 5. All governmental and utility agencies affected by this development have been notified and given the opportunity to respond thereto. Recommended conditions of approval have been incorporated where appropriate. 6. Public hearing notices for the Project were mailed to property owners within 300 feet of the property and posted within a 300-foot radius of the subject property at least 10 days prior to the scheduled hearing. 7. The public hearing was opened and public comments were received from. The public hearing was then closed.

2 Design Review Commission Resolution XXXX Page 2 Section 2. Findings. The project is subject to Design Review findings contained in WCMC Section (Design Review). Required findings, below, are shown in regular type and the reason(s) the project is consistent is shown in bold type: 1. The plan is consistent with the General Plan and any applicable Specific Plan and this Chapter. The Project is consistent with overall objectives of the General Plan 2025, which encourages multi-family residential development in the Core Area. At the time the application was deemed complete, the General Plan allowed multifamily residential development in commercial land use designations subject to the approval of a conditional use permit from the Planning Commission. a. Redevelopment of this site with a multi-family residential use will further enhance the economic vitality of the Core Area and provide additional residential development in proximity to the Walnut Creek BART Station. The residential development of this site is consistent with multiple goals, policies, and actions contained in the City of Walnut Creek General Plan 2025 including: Encourage housing development that helps to reduce the increase in traffic congestion (Ch.4, Goal 2), given its BART proximate location and easy access to multi-modal transportation options; Coordinate the location, intensity and mix of land uses with transportation resources (Ch.4, Goal 10) support the development of high density residential development near and around the Walnut Creek BART Station (Ch.4, Policy 10.1), and make more efficient use of regional and sub regional transportation systems (Ch.4, Goal 12), for the same reasons set forth above; Goal 2 in Chapter 4 encourages housing development that helps to reduce the increase in traffic congestion. Policy 2.1 encourages the development of flexible policies and regulations that facilitate new housing development. Support infill and redevelopment in existing urban areas (Ch.4, Policy 12.2), given that the Project will redevelop a vacant office building within the Core Area of the City. b. The Project is also consistent with the General Plan Core Area Height Limit, which limits the building height on this property to 50 feet, and the setback averaging principle for the street and building frontage. The Project will provide an enhanced streetscape with the inclusion of new sidewalk and public art.

3 Design Review Commission Resolution XXXX Page 3 2. The approval of this plan is in the best interest of the public health, safety and general welfare. The proposed residential use will not be detrimental to the public health, safety or welfare. The use will replace older very low density development and is similar to other higher density residential developments that have been constructed recently in the immediate area, such as Cole Terrace and Villagewalk. The development will enhance mobility, connectivity, and circulation through the construction of improved sidewalks. The development will also provide 12 units (11 net new) towards the City s Regional Housing Needs Allocation as apportioned by the Association of Bay Area Governments. 3. General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development. As conditioned, the proposed new building, landscaping, parking, and site plan, proposed for the Trinity Heights site, will provide a desirable environment for the development because the submitted plans provide a cohesive architectural design as was found by the Planning Commission in their review and approval of the project setbacks and other design standards intending to provide a desirable environment for the future residents while having little impact on the existing and future residents and land uses in the surrounding properties. 4. General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements have been incorporated in order to ensure the compatibility of this development with its design concept and the character of adjacent buildings. As conditioned, the scale, design, color, quality, and general architectural considerations of the new building, landscaping, and site plan, proposed for the residential condominium building will be compatible with the building design, the site layout, and neighboring development envisioned by the General Plan. The general architectural considerations reflected in the design of the building project will be harmonious with the scale, colors, materials, landscaping, trees, sidewalks, streetlights, and pedestrian amenities of existing and planned construction in the project vicinity. 5. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the public. The finding above can be made because the application includes the construction landscaping that incorporates storm water treatment facilities and at the same time provides screening to soften the feel of a new building for existing neighbors and providing well placed planting and hardscape for the residents. Conditions of approval are included as part of this project that require enhanced landscaping and shall ensure that all landscaping is maintained in a healthy and weed-free condition.

4 Design Review Commission Resolution XXXX Page 4 6. Compliance with all provisions of Chapter 8 (Preservation of Trees on Private Property) of Title 3 (Public Safety) of this code. The Planning Commission adopted Resolution 3718 approving the removal of ten trees finding that the burden to the applicant in preserving the trees outweighs the benefit to the public. 7. Where fine art work has been proposed, general consideration of category, form, scale, durability, siting and similar elements have been incorporated to complement the surroundings. The application is subject to the City s Public Art Ordinance requirements and in turn the applicant has consulted with the Bedford Gallery to provide public art onsite. The DRC made recommendations to the Arts Commission regarding appropriate art locations. 8. This project is categorically exempt in accordance with CEQA Guidelines Section pertaining to in-fill development projects as the project is characterized by the following conditions: a) The project is consistent with the applicable General Plan designation and all applicable policies as well as with the applicable zoning designation and regulations. In this case, the O-C Zone allows multi-family residential use in an O-C zoned property with a CUP. b) The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e) The site can be adequately served by all required utilities and public services. 9. Based on the evidence presented at the meeting, the Design Review Commission hereby resolves that this Commission makes the findings as outlined under Section , Chapter 4 (Design Review), Title 10 of the Walnut Creek Municipal Code for the reasons stated in numbers 1. through 7. above. Section 3. Decision. Based on the findings set forth above, the Walnut Creek Design Review Commission hereby grants approval of Design Review Application No. Y for the Trinity Heights Condominiums subject to the following conditions: 1. The property shall be developed substantially the same as shown on the plans labeled Exhibit A of Design Review Application No.Y and the material palette labeled Exhibit B of Design Review Application No. Y Development shall comply with conditions of approval set forth in the Planning Commssion resolutions approving the associated conditional use permit, subdivision, and tree removal. 3. Two sets of a color and material palette shall be submitted to the City project planner prior to issuance of a building permit. 4. A sign program or permit application shall be submitted for review and approval by the

5 Design Review Commission Resolution XXXX Page 5 Planning Department prior to the installation of any signs. 5. The Standard Design Review Conditions as adopted by the Walnut Creek Design Review Commission shall apply as conditions of approval for this proposal. 6. Except as modified herein, any proposed changes to the approved colors, materials, building elevations, transformer location, or other site plan considerations shall be submitted in writing to the planning staff for review and approval as an amendment to the design review approval, prior to inclusion in any subsequent building permit or site development permit construction documents. 7. The developer shall submit two (2) sets of construction plans and specification to the Contra Costa County Fire Protection District prior to the issuance of any building permits to ensure acceptable emergency access, water supply and compliance with the Uniform Fire Code as adopted by the City of Walnut Creek. 8. The developer shall submit two (2) sets of construction plans to the Central Contra Costa Sanitary District for approval prior to submitting same plans to City for review and issuance of any building permit. 9. Prior to the issuance of Building and/or Demolition Permits, the developer shall submit a Waste Management Plan demonstrating how they intend to recycle, reuse or salvage building materials and other debris generating from the demolition of existing buildings and/or the construction of new buildings. Prior to the issuance of an Occupancy Permit, the developer shall submit a completed Waste Management Summary Report documenting actual debris recovery efforts, including quantities of recovered and land filled materials, that occurred throughout the project s duration. 10. Prior to recordation of the final subdivision map, the developer shall enter into an affordable housing agreement with the city for the provision of affordable unit(s) and the payment of a fractional in lieu fee per the City s Inclusionary Zoning Ordinance and In Lieu Fee Resolution. The current fee is $15.00 per square foot. 11. The developer shall pay the traffic mitigation fee in effect at the time of issuance of a building permit as determined by the Community and Economic Development Director. 12. Prior to the issuance of a building permit, the developer shall pay a fee in lieu of parkland dedication, the amount to be determined by the City Engineer in accordance with Title 10 Chapter 12 of the Walnut Creek Municipal Code (residential unit construction). The current fee in-lieu of parkland dedication is calculated as bedrooms x acre per bedroom (person) x $800,000 per acre (or per approved real estate appraisal). 13. Mailboxes shall be installed in accordance with Post Office policy. Approved addresses shall be provided in such a manner that they are legible to the public from the street fronting the property.

6 Design Review Commission Resolution XXXX Page Property addresses will be assigned by the planning staff prior to issuance of a building permit. LANDSCAPE /TREE PRESERVATION CONDITIONS 15. Four sets of final landscape, hardscape and irrigation plans shall be submitted to City staff for review and approval prior to issuance of a site development permit. These plans shall include all existing and proposed street lights, transformers, street signs, underground utility lines, utility poles, retaining wall placement and details, trash enclosures and any other facilities which will affect the design of the final landscape plan. 16. All landscaping shown on the plans approved by the City shall be maintained in a healthy and weed free condition. 17. Prior to and during any demolition, grading or construction, all trees within or adjacent to the development area not authorized to be removed shall be protected by a six-foot high chain link fence (or other material approved by the Public Works Director) installed around the dripline of each tree. 18. No oils, gas, chemicals, liquid waste, solid waste, heavy construction machinery or other construction materials shall be stored or allowed to stand within the dripline of any tree. 19. When proposed development is found to encroach into the feeder root zone of any tree, special construction to allow the roots to breathe and obtain water shall be required, as determined by the Director. 20. Utility services, drainage lines, and irrigation lines shall be designed to stay outside the dripline of existing trees. 21. All trees to be retained on site shall be cleared of dead wood and parasites, and shall be shaped and cleaned, if appropriate, to allow light into the center. Any work to be performed on existing trees to remain shall only be undertaken under the direct on-site supervision of a certified arborist. 22. Applicable tree preservation measures shall be printed, laminated and posted on the tree preservation protective fencing and shall remain in place during the demolition, clearing, grading and construction phases of development. 23. The applicant and its heirs, successors, and assigns shall, at its sole cost and expense, indemnify, defend with counsel selected by the City, protect, release, and hold harmless the City and any agency or instrumentality thereof, including any of its officers, employees, commissions, and agents, from any and all claims, actions, or proceedings arising out of or in any way relating to the processing and/or approval of this Project, the purpose of which is to attack, set aside, void, or annul the approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees

7 Design Review Commission Resolution XXXX Page 7 that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnitees, arising out of or in connection with the approval of this Project, whether or not there is concurrent, passive, or active negligence on the part of the indemnitees. Nothing herein shall prohibit the City from participating in the defense of any claim, action, or proceeding. The parties shall use best efforts, acting in good faith, to select mutually agreeable defense counsel. If the parties cannot reach agreement, the City may select its own legal counsel and the applicant agrees to pay directly, or timely reimburse on a monthly basis, the City for all such court costs, attorney fees, and time referenced herein. 24. In the event that any condition imposing a fee, exaction, dedication, or other requirement is challenged by the applicant in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed. 25. All outstanding fees owed to the City, including staff time spent processing this application, shall be paid in full prior to the issuance of a site development permit or building permit. 26. Building permits must be issued or a request for a one-year extension must be filed with the Community and Economic Development Department by July XX, 2017 and subsequently approved by the Design Review Commission or this approval will become null and void on that date. Approval shall be valid for no more than six (6) months from the date of building permit issuance unless construction shall have commenced prior to the expiration of the building permit. Section 4. Effective Date. This resolution shall take effect on July XX, 2016 unless appealed prior to that date. PASSED AND ADOPTED ON DATE by the Walnut Creek Design Review Commission at a regular meeting thereof upon motion by Commissioner and seconded by Commissioner. Ayes: Noes: Absent: Abstain: Kenneth Nodder, Secretary Walnut Creek Design Review Commission O:\CDD\PLANNING\1Project Files\Y15-000\Y Trinity Condos CUP DR (CG)\Public Review\DRC \Draft DRC Reso doc