HomeMy WebLinkAbout8.3 Attch 3 Exh A CC Ord DAORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT FOR
JORDAN RANCH BETWEEN THE CITY OF DUBLIN
AND BJP ROF JORDAN RANCH LLC (MISSION VALLEY PROPERTIES)
PA 09-011
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed project known as Jordan Ranch is located within the boundaries of
the Eastern Dublin Specific Plan, and is included in the approval for Planned Development
under PA 09-011.
B. A Development Agreement for Jordan Ranch between the City of Dublin and BJP
ROF Jordan Ranch LLC (Mission Valley Properties) ("Developer") has been presented to the
City Council, Exhibit A, attached hereto.
C. Pursuant to the California Environmental Quality Act (CEQA), development of the
Jordan Ranch property has been analyzed in the Final Environmental Impact Report for the
Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City
Council by Resolution No. 51-93, the Addenda dated May 4, 1993 and August 22, 1994
(hereafter "Eastern Dublin EIR" or "program EIR") (SCH #91103064), the Eastern Dublin
Property Owners area Supplemental Environmental Impact Report ("EDPO SEIR") (SCH #
2001052114), and the Fallon Village Project area Supplemental Environmental Impact Report
(SCH#2005062010) ("2005 SEIR").
D. On , 2010 the City Council considered the CEQA Addendum
prepared for the Jordan Ranch Project (including the proposed Development Agreement) and
adopted Resolution No. XX-10 finding that the Project impacts had been adequately addressed
in the previously certified Eastern Dublin EIR, the EDPO SEIR, and the 2005 SEIR, and that no
further environmental review was required, and adopting a related Statement of Overriding
Considerations for the Jordan Ranch project, which resolution is incorporated herein by
reference.
E. A public hearing on the proposed Development Agreement was held before the
Planning Commission on May 11, 2010 for which public notice was given as provided by law.
F. The Planning Commission has made its recommendation to the City Council for
approval of the Development Agreement by Resolution 10 - XX.
G. A public hearing on the proposed Development Agreement was held before the
City Council on , 2010 for which public notice was given as provided by law.
EXHIBIT A TO
ATTACHMENT 3
H. The City Council has considered the recommendation of the Planning
Commission, including the Planning Commission's reasons for its recommendation, the Agenda
Statement, all comments received in writing, and all testimony received at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b)
the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Eastern Dublin EIR,
(e) the EDPO SEIR, (f) the Fallon Village Project area SEIR, (g) the Agenda Statement, and on
the basis of the specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general
land uses and programs specified and contained in the City's General Plan, as amended by the
Eastern Dublin General Plan Amendment, and in the Specific Plan in that: (a) the General Plan
and Specific Plan land use designation for the 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, (b) the proposed
project is consistent with the designated land use, (c) the project is consistent with the fiscal
policies of the General Plan and Specific Plan with respect to the provision of infrastructure and
public services, and (d) the Development Agreement includes provisions relating to vesting of
development rights, and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is located in that the
project approvals include, Stage 2 Development Plan, Site Development Review, and Vesting
Tentative Map.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Developer's project will implement land use
guidelines set forth in the Specific Plan and the General Plan which have planned for Single-
Family Residential, Medium Density Residential, Medium High Density Residential, Community
Park, Neighborhood Park, Neighborhood Square, Semi-Public, Elementary School, and Open
Space, and infrastructure uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and
general welfare in that the Developer's project will proceed in accordance with all the programs
and policies of the Eastern Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent with the
General Plan and with the Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the
Ordinance) and authorizes the Mayor to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the
City Clerk shall submit the Agreement to the County Recorder for recordation.
2
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of
, 2010 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:PA#120091PA 09-011 Jordan RanchlPC Meeting 5.11.100NAL CC ORD-DA.doc
3