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Home My WebLink About8.1 PA 07-006 Public Hearing-Grafton Plaza-DevAgmtAmend#2 OF DU~i STAFF REPORT 19 PLANNING COMMISSION DATE: October 12, 2010 TO: Planning Commission SUBJECT: PUBLIC HEARING - PA 07-006 Grafton Plaza, Development Agreement Amendment No. 2 Report prepared by Mike Porto, Consu/ting Planner and Martha Aja, Environmental Specialist EXECUTIVE SUMMARY: The Applicant is requesting approval of an Amendment to the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) relating to the Grafton Plaza, which is located on 25.33 gross acres within the Eastern Dublin Specific Plan Area. This Amendment incorporates the various land use changes for the Grafton Plaza project into the Master Development Agreement. Action on this item will not result in any development on the property. There will be several future actions on this project that will each be noticed for a public hearing to allow citizen input. The Planning Commission is being asked to review the Development Agreement and make a recommendation to the City Council. 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; 5) Adopt a Resolution recommending that the City Council adopt an Ordinance approving Amendment No. 2 to the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H). Submitted y Re ie' By Mike Porto, Consulting Planner & Planning Manager Martha Aja, Environmental Specialist COPIES TO: Applicant File ITEM NO.: Page 1 of 7 G:IPA#12007107-006 The PlazalPC Meeting 10.12.101PCSR 10.12.10.doc DESCRIPTION: Background: The Grafton Plaza project is located in Area H of Dublin Ranch. The project site is bounded on the north by Dublin Boulevard, on the west by Grafton Street, on the east by a planned local street and on the south by Interstate 580 (see vicinity map below). The southern portion of the site (approximately 11 acres) has been graded and landscaped for the water quality treatment basin, which provides treatment for a substantial portion of the run- off from Dublin Ranch. The northern portion of the site, where development will occur, has been mass graded. The site is flat and consists of non-native grass and other low vegetation. VICINITY MAP yy S T~''~. I d~•.~~-y h 5~ w ~ ~ ~Z~'. i . "lacsalaia l .t '44 III(:11111 f.,.~~„~e as• ~rs.~ ± .hdw.. . ki.tiiui:N r : l d.f'-r t f 4 1. 0 r-iViti ki1y;~th PInI~JC 4.D;~R OPI'M1 til',~C'I•. o3 ~RY..~~jr , 111: C0I Itll.aRqSI.A. ( R<1\r 111F. PNO\II:\U:1UI. f 'M ~\111.\GF ~O1e FI'Ill2F y~`. ( h~l FK):_ LF'" I (h-~ \ICUII \I i.~ RO\4: ~ UI ntillly~ r-- ~ RL]IUEV71AL y.: .'I .y , . ' l)jill'ill. I - " 1 - . . ..r ' Iluhliu 1=1v1 - l'llF TFRI2.%ti\(.\M1IUN4: j. . . . . J ep~ . . 1':tU~.A-(? Crafton . ct~\i Plaza cMiNn ~y L(1\~F.'~ Ilfl\IE 110sPl lll. Fl ll'k4.1.:\IsLN . ~ - I\IPRO\ I \IF:\-1IIUtiI'If\LtiliC i' I>`N.\ItI.IlUltil. x1N7172Q1;\I.II\ N ~ yyy.11.1SIN , ,s a N tiiNii()~ 1..~ .t! `r W } Rgi1 .'z"f~~ !P'`t~Ft °~.~~L~.~ _ ~W~_ J'yA~~ _.~_•i~`,d~m.*iaai Entitlement History: The original Master Development Agreement (Attachment 1) for Dublin Ranch vested the General Plan, Eastern Dublin Specific Plan, and zoning approvals (and any amendments) that were in effect on June 17, 1999. The original Master Agreement acknowledged that the Lin family was pursuing certain changes to the Area F-H Property and that the parties would enter into a supplemental Development Agreement that would vest those changes. Accordingly, the City and the Lin family entered into a Supplemental Development Agreement (Attachment 2) for Dublin Ranch that vested the changes to the Area F-H property, which became effective on May 18, 2000. Subsequently, when the Lin family entitled the Fairway Ranch affordable housing project, the City and the Lin family entered into an amendment to the Master Development Agreement to implement an exemption from the City's Inclusionary Zoning Ordinance and the Commercial Linkage Fee in exchange for the Lin's creation of inclusionary units at Fairway Ranch (Attachment 3). 2of7 The Grafton Plaza project site was included in a General Plan and Eastern Dublin Specific Plan Amendment, Planned Development Rezone with a Stage 1 Development Plan and an Initial Study/Mitigated Negative Declaration (MND) that was approved by the City Council in February and March of 2000. The 2000 approvals established an average density of 0.45 FAR for Campus Office parcels, which includes an allowable development of 496,519 square feet on the Grafton Plaza project site. The Initial Study analyzed all of the environmental topics required by the California Environmental Quality Act (CEQA). Based on additional site-specific analysis of light and glare, biological resources, cultural resources, hydrology and water quality, traffic and circulation, supplemental Mitigation Measures were adopted by the City. These Mitigation Measures continue to apply to the project. In October 2005, the City Council adopted an Ordinance approving a Stage 2 Development Plan for the southern portion of the Grafton Plaza site (approximately 11 acres) to allow the construction of a water quality pond. The pond was subsequently constructed and is now operational. In May 2010, the City Council adopted a Resolution adopting a Mitigated Negative Declaration, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and a Resolution approving amendments to the General Plan and Eastern Dublin Specific Plan for the Grafton Plaza project site. Subsequently, in June 2010, the City Council adopted an Ordinance approving a PD Planned Development Rezone and a related Stage 1 Development Plan for Grafton Plaza. The approved General Plan and Eastern Dublin Specific Plan amendments modified the existing land use designations from Campus Office to a new Mixed Use 2/Campus Office flexible land use designation. Approval of a Planned Development Rezone with a related Stage 1 Development Plan expanded the allowable uses on the site and allowed for two options of development. Option 1 allows a mixed use development and permits up to 50% of the development area be comprised of residential uses and Option 2 allows a campus office development. Current Proposal: The current proposal includes amendment number two to the Development Agreement for Dublin Ranch between the City of Dublin and the Lin family for the Grafton Plaza project. ANALYSIS: Development Agreement Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement between the City and the Developer. California Government Code 65864 et 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 development 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 provide security to the developer that the City will not change its zoning and other laws applicable to the project for a period of 5 years and would terminate in 2015. The City also benefits from entering into the Development Agreement with the property owner. The Agreement establishes obligations for meeting the goals of the EDSP 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 3 of 7 followed, the appropriate fees are paid for the development, and any additional terms of the agreement are carried out as development proceeds. In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, commits to take certain actions, which the City might not otherwise have the authority to require. 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 to parties that do not own the property. The proposed Development Agreement is the second amendment to the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G, and H) ("Master Development Agreement"). Under the terms of the Master Development Agreement, the developer is entitled to amendments that incorporate later changes in the General Plan, Eastern Dublin Specific Plan, and zoning into the vested rights granted by the Master Development Agreement. This amendment vests the developer's right to the General Plan Amendment, Specific Plan Amendment and Stage 1 Development Plan land use changes made as part of the 2010 approvals for the Grafton Plaza project. The Master Development Agreement is effective until June 29, 2019. A Planning Commission Resolution recommending that the City Council adopt an Ordinance approving Amendment No. 2 to the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) is included as Attachment 4 with the draft Ordinance attached as Exhibit A and the Amendment attached as Exhibit B. CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE Pursuant to Chapter 8.56 of the Dublin Municipal Code, projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement between the City and the Developer. The Amendment to the Master Development Agreement is intended to reflect the actions taken in the May 2010 Resolutions relating to the Grafton Plaza project, which were determined at that time to be consistent with the General Plan, Specific Plan and Zoning Ordinance. Given the above, Staff believes that the proposed amendment to the Master Development Agreement is likewise consistent with the General Plan, Specific Plan and Zoning Ordinance. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The proposed Development Agreement has been reviewed by the Director of Finance and the City Attorney. Additional land use entitlements, including a Stage 2 Development Plan, Site Development Review and possibly a Tentative Map, will be required prior to future development of the project site. It will be at this time that Conditions of Approval will be placed on the project. The various applicable departments and agencies will review subsequent planning applications for Grafton Plaza. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project in addition to an extended area and an interested parties list. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the Applicant. 4of7 ENVIRONMENTAL REVIEW: On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993, assessing a reduced development alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. For identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations for cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise, and other impacts. The Eastern Dublin Specific Plan was adopted by the City to encourage orderly growth of the Eastern Dublin area. Because the Eastern Dublin project proposed urbanization of the almost completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion of agricultural and open space lands to urban uses. These impacts together with visual and other impacts from urbanization were also determined to be significant and unavoidable. Where the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted mitigation measures continue to apply to implementing projects such as Grafton Plaza, as appropriate. The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. As such, the Eastern Dublin EIR addressed the cumulative effects of developing in agricultural and open space areas and the basic policy considerations accompanying the change in character from undeveloped to developed lands. Since certification of the EIF2, many implementing projects such as Wallis Ranch (Dublin Ranch West), Fallon Crossing, Vargas, and Pinn Brothers/Silvera Ranch, Dublin Ranch and Fallon Village have been approved, relying on the Program EIR. In February 2000, the City Council approved an Initial Study/Mitigated Negative Declaration (MND) for a General Plan Amendment, Eastern Dublin Specific Plan Amendment and Stage 1 Planned Development Rezone for Area H. Subsequently in 2008, the City, as the Lead Agency, prepared an Initial Study to determine whether there would be significant environmental impacts occurring as a result of the current project beyond or different from those already addressed in the Eastern Dublin EIR and 2000 MND. Based on the project description, the Initial Study determined that the project could result in additional significant but mitigatable site-specific impacts. Therefore, a Mitigated Negative Declaration (MND) was prepared in accordance with CEQA laws and regulations. The project assessed in this MND includes, amendments to the General Plan and Eastern Dublin Specific Plan (including revised land uses), and rezoning to Planned Development (PD), with the related Stage 1 Development Plan and the Development Agreement. In May 2010, the City Council adopted a Mitigated Negative Declaration, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Grafton Plaza Project. No further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addendum, the 2000 Mitigated Negative Declaration and the 2010 Mitigated Negative Declaration. 5 of 7 ATTACHMENTS: 1) Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H). 2) Supplemental Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas F, G, and H). 3) Amendment to Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H and "Wallis Ranch"). 4) Resolution recommending that the City Council adopt an Ordinance approving Amendment No. 2 to the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H), with the draft City Council Ordinance included as Exhibit A and the Amendment included as Exhibit B. 6of7 GENERAL INFORMATION: APPLICANT/PROPERTY: Jim Tong on behalf of the Lin Family OWNER 4690 Chabot Drive, Ste. 100 Pleasanton, CA 94588 LOCATION: South of Dublin Blvd., east of Grafton Street & north of I-580 ASSESSORS PARCEL NUMBERS: 985-0061-010 & 985-0061-004 GENERAL PLAN Campus Office (existing) LAND USE DESIGNATION: Mixed Use 2/Campus Office (proposed) SPECIFIC PLAN LAND USE DESIGNATION: Eastern Dublin Specific Plan SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD High Density Residential High Density Residential (Terraces) South N/A N/A Interstate 580 East PD Campus Office Vacant (owned by Kaiser) West PD General Commercial Grafton Station Commercial Center G:\PAA2007\07-006 The Plaza\PC Meetin-, 10.12.10\PCSR 10.12.I O.doc 7Of7