HomeMy WebLinkAbout8.1 Wallis Ranch Development Agrmt PA05-051AGENDA STATEME T
PLANNING COMMISSION MEETING DATE: November 12, 2008
SUBJECT: Public Hearing: PA 05-051, Development Agreement for Wallis
Ranch (Phase I) (Dublin Ranch West) (Legislative) - between the
City of Dublin and The Lin Fancily for the 184-acre Wallis Ranch
(Dublin Ranch West) Project.
Report Prepared by Mike Porto, Consulting Planner
ATTACHMENTS: 1) Resolution recommends -ig the City Council adopt an
Ordinance approving a Development Agreement between the
City of Dublin and The Lin Family with the Draft Ordinance
as Exhibit A and the De velopment Agreement as
Attachment 1 to Exhibit A.
RECOMMENDATION: 1) Receive Staff presentation;
2) Open the public hearing;
`t 3) Take testimony from they Applicant and the public;
4) Close the public hearing and deliberate; and
5) Adopt the Resolution (Attachment 1) recommending the City
Council adopt an Ordinance (Exhibit A) approving a
Development Agreement between the City of Dublin and
The Lin Family (Attachment 1 to Exhibit A).
The Wallis Ranch project (also known as Dublin Ranch
West) is located near the northeasterly City limits below a
ridge, abutting the Contra Costa County line, west of
Tassajara Road. The property has been used for farming,
grazing and other rural uses. There is limited grazing on-site
at this time.
At 184 acres, Wallis Ranch is the largest of the three
properties, totaling 189 acres annexed to the City in May of
2005 as Dublin Ranch West. On March 15, 2005, the City
Council approved. 1) the annexation; 2) an Ordinance
prezoning the annexation area to Planned Development; 3)
amendments to the General Plan and Eastern Dublin Specific
COPIES TO: Applicant
Property Owner
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G:IPA#12005105-051 Dublin Ranch West- Wallis lDevelopnent AgreemenAFinal PC DA Staff Report 11 18.08(2).doe
PROJECT DESCRIPTION:
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Plan; 4) adoption of Stage 1 Planned Development Plan for the 184-acre Wallis Ranch; and 5)
certification of the Supplemental Environmental Impact Report (SCI- 12003022083).
In February 2007, the City Council approved PA 05-051 which included: an amendment to the Stage 1
Planned Development zoning; a Stage 2 Development Plan, Master Vesting Tentative Tract (Map 7515);
and Vesting Tentative Tracts 7711, 7712, 7713, 7714, 7715 & 7716 for Neighborhoods 1, 2, 3, 4, 5 and 6,
respectively. The approval also included a Site Development Review and adoption of a Mitigated
Negative Declaration which addressed the area within Contra Costa County due to its inclusion for
environmental mitigation purposes. The amendment to the Stage 1 Planned Development zoning and
Stage 2 Development Plan were adopted by Ordinance 2-07. Thy; Site Development Review and the
Vesting Tentative Map, along with the Conditions of Approval, were adopted by Planning Commission
Resolution No. 07-01.
Project Overview
Wallis Ranch, primarily, is a residential project. It was designed with a significant effort to preserve and
utilize the natural environment, influenced by the natural landscapes of Tassajara Creek and the hillside
grassland slopes and corridors. Specifically, the Project is designed to provide a mix of housing types
while connecting to the natural environment at different scales by crienting units and views towards the
open space and incorporating trail access into these spaces. In addition to the residential uses, other
approved uses include: a neighborhood park, private recreation are as, an open space corridor/multi-use
trail system, habitat preservation, storm water detention basin, public improvements, and associated
public right-of-way.
The approved land use/Planned Development zoning is shown below:
Table 1: Summary by Use - Wallis Ranch
(2) Acreage figure includes the Community Green adjacent to Neighborhood 5.
(3) Acreage figure includes the detention basin adjacent to Neighborhood 4.
The Project is approved for development at a total of 935 units withir six (6) neighborhoods.
In accordance with the policies of the General Plan and the East(.m Dublin Specific Plan, the lower
residential densities are designated in the steeper areas of the project site to ensure hillside, ridgeline, and
slope preservation. The higher densities are concentrated in the lower elevations towards Tassajara Creek
under a plan that preserves and maintains the natural water course End riparian environment. All of the
units within the Wallis Ranch project are proposed to be for-sal: housing either as a single-family
detached product or condominiums. No multi-family rental or apartments are proposed.
Wallis Ranch (Dublin Ranch West) the subject of this proposed Development Agreement is shown below:
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(1) Acreage figure includes all public improvements and public or private open space.
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ANALYSIS:
Projects within the Eastern Dublin Specific Plan require a Development Agreement between the City of
Dublin and the Developer. California Government Code §§ 65864 e-: seq. and Chapter 8.56 of the Dublin
Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the
development of real property with any person having a legal or equitable interest in such property in order
to obtain certain commitments and establish certain developmont rights for the property. The
Development Agreement must be approved prior to recordation of the final Tract Map and issuance of
building permits for the development of the property.
Development Agreements are approved by an Ordinance of the City Council upon recommendation by
the Planning Commission. A Development Agreement for Wallis Ranch was not included in the items
presented to the Planning Commission or the City Council at the time of the public hearing for the
requested project approvals. The proposed Development Agreement (Attachment 1 to Exhibit A) was
drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on
the standard Development Agreement prepared by the City Attorney and adopted by the City Council for
projects located within the Eastern Dublin Specific Plan area.
The Development Agreement provides security to the developer tha.- the City will not change its zoning
and other laws applicable to the project for a period of five years. 'rhe City also benefits from entering
into the Development Agreement with the property owner. This do3ument is a contract that establishes
obligations for meeting the goals of the Eastern Dublin Specif c Plan and guarantees timing for
construction of public infrastructure and facilities for the project area. Additionally, it ensures that
dedications of property and easements are made, project phasing is fcllowed, the appropriate fees are paid
for the development, and any additional terms of the agreement are czm'ed out as development proceeds.
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In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, make
commitments for which the City might otherwise have no authority to compel the Developers to perform.
Specifically, the Development Agreement augments the City's standard development regulations; defines
the precise financial responsibilities of the developer; ensures timely provision of adequate public
facilities for each project; and provides terms for the Developer to advance funds for specific facilities
which have community or area-wide benefit or for reimbursement from future development, as
appropriate. Since the Development Agreement runs with the land, the rights thereunder can be assigned.
Items specific to this Development Agreement include:
• Community Benefit Payment - A community benefit payment of $1 million made on or prior to
the f fective Date of the Development Agreement. (This prevision is stated in Recital D on page
1 of the Development Agreement. The Effective Date is described in Paragraph 4.1 as the
Approval Date.)
• Extended Term
- Development Agreement - A term of fifteen (15) years for the Development Agreement
(Paragraph 4.2) as a concession for the community benefit payment of $1 million, stated
above, prior to the Effective Date. Otherwise, the term would default to five (5) years.
- Site Development Review - The effective term of the Site Development Review approved by
Planning Commission Resolution 07-01 to be extended or otherwise correspond to the term of
the Development Agreement (Exhibit B, p. 6 of 8, Subparagraph 5.3.7 (i)).
• Antone School (Historic Preservation) - Relocation and preservation or replacement of the old
Antone School building (Exhibit B, p. 6 of 8, Subparagraph 5.3.7 (ii)).
• Affordable Housing - Satisfaction of affordable housing requirements through Affordable Unit
Credit Certificates (AUCC) available from the Fairway Ranch project which constructed 589
affordable units that can satisfy the affordable housing ob:igation for projects such as Wallis
Ranch.
ENVIRONMENTAL REVIEW:
The Dublin Ranch West project (PA 02-028) proposed for annexation in 2005 essentially included similar
land uses and densities analyzed and approved in the 1993 Environmental Impact Report for the "Eastern
Dublin General Plan Amendment for the Eastern Extended Planning Area," the "Eastern Dublin Specific
Plan," and associated documents. At that time, a determinati :)n was made to prepare a Draft
Supplemental Environmental Impact Report (SCH #2003022033) in order to thoroughly and
comprehensively assess the potential for the project to cause or contribute to significant impacts beyond
those identified in the 1993 Environmental Impact Report. The Supplemental Environmental Impact
Report was certified by the City Council on March 15, 2005 by Resolution 42-05.
For PA 05-051 approved in 2007, a determination was made to prepare a Mitigated Negative Declaration.
The primary purpose of the Mitigated Negative Declaration was to e-pand the scope of the Supplemental
Environmental Impact Report to include the adjacent 11.6-acre parcel within unincorporated Contra Costa
County which was not originally addressed in the Supplemental Environmental Impact Report. City
Council adopted the Mitigated Negative Declaration by Resolution No. 18-07 on February 6, 2007.
No further environmental determinations are needed to approve the proposed Development Agreement.
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CONCLUSION:
The Development Agreement will implement the provisions of the Planned Development zoning for the
Wallis Ranch project (PA 05-051), the Stage 2 Development Plan. the Site Development Review, and
Conditions of Approval for Master Vesting Tentative Tract Map '7515, and for the six Neighborhood
Vesting Tentative Tract Maps approved as part of this project (Neighborhood 1 - Tract 7711,
Neighborhood 2 - Tract 7712, Neighborhood 3 - Tract 7713, Neighborhood 4 - Tract 7714, Neighborhood
5 - Tract 7715, and Neighborhood 6 - Tract 7716).
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) take testimony from the Applicant and the Public; 4) Close the Public Hearing and deliberate;
and 5) Adopt the Resolution (Attachment 1) recommending the City Council adopt an Ordinance
approving a Development Agreement between the City of Dublin and The Lin Family (Exhibit A of
Attachment 1).
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GENERAL INFORMATION:
PROPERTY OWNER:
LOCATION:
ASSESSOR'S PARCEL NUMBER:
Chang Su-0 (aka Jennifer) Lin, et. al.
c/o James Tong
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Martin Inderbitzen
P. O. Box 1537
Pleasanton, CA 94566
Northeasterly area of the city, south of the City limits at the
Alameda/Contra Costa County line, west of Tassajara Road,
and east of the Parks Reserve Training Facility (PRTF)
986-0004-005-01 (Alarreda County)
EXISTING ZONING & GENERAL PLAN
LAND USE DESIGNATION: Single Family (Low Density) Residential, Medium Density
Residential, Medium-High Density Residential, Semi-Public,
Neighborhood Park, and Open Space
REPRESENTATIVE: James Tong
4690 Chabot Dr., Suite :.00
Pleasanton, CA 94588
EXISTING ZONING: PD Low Density Residential, PD Medium Density
Residential, PD Medium-High Density Residential PD
Neighborhood Park, PD Open Space
GENERAL PLAN/SPECIFIC
PLAN LAND USE
DESIGNATION: Low Density Residential, Medium Density Residential,
Medium-High Density Residential, Neighborhood Park,
Open Space
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