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Home My WebLink AboutPC Reso 10-48 Amend#2 to Mstr Dev Agmt w/LinFamily RESOLUTION NO. 10- 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 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) PA 07-006 WHEREAS, Jim Tong on behalf of the Lin Family submitted applications for a 496,519 square foot project on approximately 25.33 acres between Interstate 580 and Dublin Boulevard, east of Grafton Street ("the Project"); and WHEREAS, in April 2010, the Planning Commission adopted Resolutions 10-15, 10-16 and 10-17 recommending that the City Council adopt a Mitigated Negative Declaration, amend the General Plan and Eastern Dublin Specific Plan and approve a Planned Development Rezone with a related Stage 1 Development Plan for the Project; and WHEREAS, in May 2010, the City Council adopted Resolutions 75-10 and 76-10 adopting a Mitigated Negative Declaration, Statement of Overriding Considerations, and Mitigation Monitoring and Report Program and approving amendments to the General Plan and Eastern Dublin Specific Plan for the Grafton Plaza project site; and WHEREAS, in June 2010, the City Council adopted Ordinance 10-10 approving a PD - Planned Development Rezone and related Stage 1 Development Plan for the Grafton Plaza project site; and WHEREAS, the Eastern Dublin Specific Plan requires the developer to enter into Development Agreements as a condition of development; and WHEREAS, 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) entitles the parties to the Agreement to enter into subsequent amendments to incorporate changes made to the General Plan, Eastern Dublin Specific Plan, and zoning into the vested rights granted by the Development Agreement; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by City Council Resolution 51- 93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In February 2000, the City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, Eastern Dublin Specific Plan Amendment and Stage 1 Development Rezone for Area H. 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. The project assessed in the 2010 MND includes amendments to the General Plan and Eastern Dublin Specific Plan and rezoning to the Planned Development (PD), with the related Stage 1 Development Plan and the Development Agreement. No further environmental review is needed for the current application 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 Addenda, the 2000 Mitigated Negative Declaration and the 2010 Mitigated Negative Declaration; and WHEREAS, the Planning Commission did hold a public hearing on a proposed 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) ("the AmendmenY'); and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission analyzing the Amendment and recommending that the Planning Commission recommend that the City Council adopt an Ordinance approving the Amendment; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Development Agreement: 1. The AmendmenYs provisions reflect the changes approved in the 2010 Approvals and do not make any other changes 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). 2. The Amendment is consistent with the objectives, policies, land uses and programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan in that (a) the project, as approved by the 2010 Approvals, is consistent with the existing flex land use designation of the site (Mixed Use 2/Campus Office), (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; and (c) the Amendment includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan for Grafton Plaza. 3. The Amendment 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 as approved by the 2010 Approvals, includes a General Plan Amendment, Eastern Dublin Specific Plan Amendment and a Planned Development Rezone with a Stage 1 Development Plan for the Grafton Plaza project site. 4. The Amendment is in conformity with public convenience, general welfare and good land use policies in that the Project, as approved by the 2010 Approvals, will implement 2 land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan, which have planned for a mix of residential, commercial and office uses at this location. 5. The Amendment will not be detrimental to the health, safety and general welfare in that the Project, as approved by the 2010 Approvals, will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 6. The Amendment will not adversely affect the orderly development of property or the preservation of property values in that the Project, as approved by the 2010 Approvals, will be consistent with the General Plan and with the Specific Plan. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the 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) attached hereto and incorporated herein as Exhibit A. PASSED, APPROVED AND ADOPTED this 12th day of October 2010 by the following vote: AYES: King, Brown, Wehrenberg, Schaub, Swalwell NOES: ABSENT: ? ABSTAIN: ~ PI nning Commi sion C T irperson ATTEST: Planni g Ma ger G:IPA#12007107-006 The PlazalPC Meeting 10.12.101PC Reso DA.DOC 3 ORDINANCE NO. XX - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT NO. 2 TO THE MASTER DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH NORTH PROJECT (AREAS A, B, C, D, E, F, G AND H) PA 07-006 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Grafton Plaza Project ("ProjecY') is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan) in an area that is designated on the General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as Mixed Use 2/Campus Office. B. The Project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin Specific Plan (SCH #91103064), certified by City Council Resolution 51-93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In February 2000, the City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, an Eastern Dublin Specific Plan Amendment and a Stage 1 Development Rezone for Area H. C. In May 2010, the City Council adopted Resolutions 75-10 and 76-10 adopting a Mitigated Negative Declaration, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and approving amendments to the General Plan and Eastern Dublin Specific Plan for the Grafton Plaza project site, and in June 2010, the City Council adopted Ordinance 10-10 approving a PD - Planned Development Rezone and a related Stage 1 Development Plan for the Grafton Plaza project site (Resolutions 75-10, 76-10 and Ordinance 10-10 are collectively referred to as the "2010 Approvals"). D. The City desires to amend 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) to reflect the changes made by the 2010 Approvals. E. A public hearing on the proposed 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) ("the AmendmenY") was held before the Planning Commission on October 12, 2010, for which public notice was given as provided by law. F. At its October 12, 2010 meeting, the Planning Commission adopted Planning Commission Resolution No. 10-xx recommending that the City Council adopt an Ordinance approving the Amendment. Page 1 of 3 EXHIBIT A TO ATTACHMENT 4 G. A public hearing on the proposed Amendment was held before the City Council on November 16, 2010 for which public notice was given as provided by law. H. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the Staff Report, 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's General Plan, (c) the Eastern Dublin Specific Plan, (d) the Eastern Dublin EIR, (e) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The AmendmenYs provisions reflect the changes approved in the 2010 Approvals and do not make any other changes 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). 2. The Amendment is consistent with the objectives, policies, land uses and programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan in that (a) the Project, as approved by the 2010 Approvals, is consistent with the existing flex land use designation of the site (Mixed Use 2/Campus Office), (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; and (c) the Amendment includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan for Grafton Plaza. 3. The Amendment 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, as approved by the 2010 Approvals, include a General Plan Amendment, Eastern Dublin Specific Plan Amendment and a Planned Development Rezone with a Stage 1 Development Plan for the Grafton Plaza project site. 4. The Amendment is in conformity with public convenience, general wetfare and good land use policies in that the Project, as approved by the 2010 Approvals, will implement land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan which have planned for a mix of residential, commercial and office uses at this location. 5. The Amendment will not be detrimental to the health, safety and general welfare in that the Project, as approved by the 2010 Approvals, will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 6. The Amendment will not adversely affect the orderly development of property or the preservation of property values in that the Project, as approved by the 2010 Approvals, will be consistent with the General Plan and with the Specific Plan. Page 2 of 3 Section 3. APPROVAL The City Council hereby approves 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) attached hereto as E=xhibit A and authorizes the City Manager 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. 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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2007\07-006 The Plaza\PC Meeting 10.12.10\CC Ordinance DA.DOC Page 3 of 3