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HomeMy WebLinkAbout8.3 Attch 3 PC Reso DARESOLUTION NO. 10 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR JORDAN RANCH PA 09-011 WHEREAS, a request has been made by BJP ROF Jordan Ranch LLC (Mission Valley Properties) ("Applicant') for approval of a Development Agreement for the property known as Jordan Ranch (Fallon Village Project Area), an area of approximately 189.4 acres (PA 09- 011); and WHEREAS, the Applicants are principals of BJP ROF Jordan Ranch LLC (Mission Valley Properties) a limited liability corporation ("Developer") and party to the Development Agreement; and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, the project site is in Eastern Dublin for which the City adopted the 1993 Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter "Eastern Dublin EIR" or "program EIR") that is available for review in the City Planning Department and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and area-wide mitigation measures for developing Eastern Dublin; and WHEREAS, the program EIR also identified some impacts resulting from implementation that could not be mitigated, and the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation monitoring program, which included a series of measures intended to reduce impacts from the implementation of the plan; and WHEREAS, the City Council approved a Supplemental Environmental Impact Report (SCH # 2001052114) for the Eastern Dublin Property Owners Annexation area ("EDPO SEIR" on April 2, 2002 (Resolution 40-02, incorporated herein by reference); and WHEREAS, the City Council, on December 6, 2005, the City Council certified a Supplemental EIR (SCH#2005062010) for the Fallon Village Project ("2005 SEIR") (Resolution 222-05, incorporated herein by reference). The 2005 SEIR addressed a Stage 1 Planned Development Rezone and Amendment for the 1,132-acre Fallon Village Project Area (PA 04-040) including the EDPO area, and three actions pertaining to the Braddock & Logan project on 472 acres (PA 05-036). The Stage 1 Planned Development Rezone and Amendment provided for various land uses including the development of 3,108 units on 1,132 1 ATTACHMENT3 acres. This total included 1,064 units as part of PA 05-036 with the remaining units allocated by land use to the other properties within the Fallon Village Project area; and WHEREAS, on December 6, 2005, the City Council approved Ordinance 33-05 adopting a PD-Stage 1 Planned Development Rezone amendment for the Fallon Village Project Area (PA 04-040); and WHEREAS, on May 11, 2010, pursuant to the California Environmental Quality Act (CEQA), the Planning Commission adopted Resolution 10-XX (incorporated herein by reference) recommending that the City Council consider a CEQA Addendum and approve its findings that the impacts of the proposed Project have been adequately addressed in previously certified EIRs (the Eastern Dublin EIR, the EDPO SEIR, and the 2005 SEIR) and that no further environmental review is required for the Project ; and WHEREAS, the previously adopted mitigation monitoring programs and all adopted mitigation measures continue to apply to the project area; and WHEREAS, the proposed Development Agreement is attached to this resolution as Exhibit A to the Ordinance; and WHEREAS, the Planning Commission did hold a public hearing on the application on May 11, 2010; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend that the City Council approve the Development Agreement; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered the Addendum and prior environmental documentation, and all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the amended Development Agreement: 1. The Agreement is consistent with the objectives, policies, general land uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern Dublin Specific Plan/General Plan land use designation for the subject site is Single-Family Residential, Medium Density Residential, Medium High Density Residential, Community Park, Neighborhood Park, Neighborhood Square, Semi-Public, Elementary School, and Open Space, and that the Developer's project is consistent with that designation; b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the Agreement sets forth the rules the Developer and City will be governed by during the development process which is required by the Eastern Dublin Specific Plan and the Mitigation Monitoring Programs of the Eastern Dublin EIR, EDPO SEIR and 2005 SEIR. Page 2 of 3 2. The Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the project approvals include Planned Development Rezone, Site Development Review, and Vesting Tentative Map. 3. The Agreement is in conformity with public convenience, general welfare and good land use practice in that the Developer's project will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan. 4. The Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreement and any Conditions of Approval for the Project. 5. The Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin Eastern Dublin Specific Plan/General Plan. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt an ordinance approving the Development Agreement between the City of Dublin and BJP ROF Jordan Ranch LLC (Mission Valley Properties) for the Jordan Ranch project (PA 09-011) which is included in Exhibit A. PASSED, APPROVED AND ADOPTED this 11th day of May, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Manager 1424795.1 Planning Commission Chairperson G:IPA#120091PA 09-011 Jordan RanchTC Meeting 5.11.101FINAL PC Reso-DA.doc Page 3 of 3