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Home My WebLink About8.2 PCSR Dublin Ranch Subarea 3 DA C r°1✓��$Z STAFF REPORT � PLANNING COMMISSION FOR�� DATE: February 11, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA 2013-00033 Dublin Ranch Subarea 3 Development Agreement between the City of Dublin and Lennar Homes of California, Inc. Report Prepared by Hazel L. Wetherford, Economic Development Analyst EXECUTIVE SUMMARY: The Planning Commission will consider a Development Agreement for Subarea 3 of Dublin Ranch located in Eastern Dublin at the corner of Lockhart Street and Dublin Boulevard. Lennar Homes of California, Inc. ("Developer") seeks to develop Subarea 3 of Dublin Ranch. As part of the proposed project, the developer is offering to make a community benefit payment of $1.8 million dollars to assist with the completion of Fallon Sports Park Phase II improvements which will be included as a term in the Development Agreement. The Development Agreement does not change any of the proposed development under the General Plan/Eastern Dublin Specific Plan Amendments, Planned Development Zoning and Stage 1 Development Plan for the Project ("Project Approvals") that the Planning Commission recommended for approval by the City Council at its January 28, 2014 meeting. The Development Agreement will vest the Project Approvals for five years. 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 a Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement for Dublin Ranch Subarea 3 between the City of Dublin and Lennar Homes of California, Inc. J , ,_ ____ ,z Submitted : n` Re iewed ',,y Economic Development Analyst Assistant Community Development Director COPIES TO: Applicant _.....� �_..�.._...,�,.,,�,.....___�_._. ..... _._ . a�.....r..�._... File Page 1 of 5 ITEM NO.: 6, a DESCRIPTION: Subarea 3 of Dublin Ranch is located in Area B of the Dublin Ranch Master Plan within the Eastern Dublin Specific Plan (EDSP) area. The 64-acre project site is undeveloped and currently vacant; it is bounded on four sides by improved streets. Surrounding streets are Central Parkway to the north, Dublin Boulevard to the south, Fallon Road to the east, and Lockhart Street to the west as shown on the vicinity map above. Uses adjacent to and surrounding the project site include: a) Fallon Community Sports Park on the north across Central Parkway; b) Fallon Gateway and a vacant site across Dublin Boulevard to the south planned for a regional medical facility; c) The Groves Lot 3, a proposed Medium-High Density project of 122 townhouse/condominiums on a vacant site west across Lockhart Street concurrently under consideration, as well as the existing 610 units of the Fairway Ranch apartments; and d) a vacant property planned for commercial, residential and open space uses across Fallon Road to the east. Please refer to Attachment 1 for additional background information about the project site. Map 1: Vicinity Map CUlaNG°STAB� �Y � gpA A yr 5r',. DUBLIN RANCH DRIVE '4404110-7.. r • DUBLIN .� e Y PARKWAY �V, SUBAREA 3 vW PROJECT AREA DUBLIN `"�'a BOULEVARD : ' 1-580 -- a o 1.580 cc e?r I x 4� PLEASANTON vi Related Actions On July 16, 2013, the City Council approved the request to initiate a General Plan and EDSP Amendment Study for Subarea 3 of Dublin Ranch. The Study would evaluate a proposal to change Open Space to Rural Residential Agriculture to facilitate agricultural uses and to change Open Space to Medium Density Residential land uses. On January 28, 2014, the Planning Commission held a public hearing to consider an Amendment to the General Plan and the EDSP along with a Planned Development Rezone with a Stage 1 Development Plan for Dublin Ranch Subarea 3 (Attachment 1). The proposed project 2 of 5 would modify the acreage allocated to land uses as follows: a) Medium Density Residential (6.1 to 14 units per acre) — from 27.2 acres to 38 acres; b) Medium-High Density Residential (14.1 to 25.0 units per acre) — from 8.6 acres to 7.5 acres; c) Rural Residential/Agriculture — from 0 acres to 14.5 acres (as a partial replacement for 24.9 acres of Open Space); and d) Stream Corridor — from 1.3 acres to 2 acres. No changes are proposed for a 2-acre Neighborhood Park. A conceptual project of approximately 437 units is anticipated. At that hearing, the Planning Commission voted 4-1-0 to approve: a) Resolution 14-4 recommended that the City Council approve the General Plan and EDSP Amendments for Dublin Ranch Subarea 3; and b) Resolution 14-5 recommending that the City Council adopt an Ordinance approving a Planned Development Zoning District for Subarea 3 with a related Stage 1 Development Plan. As part of the proposed project, the developer is offering to make a community benefit payment of $1.8 million dollars to assist with the completion of Fallon Sports Park Phase II improvements which will be included as a term in the Development Agreement. The Development Agreement will vest the Project Approvals for five (5) years. The City and the Developer desire to enter into a Development Agreement to memorialize the terms agreed upon. ANALYSIS: Development Agreement 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 proposed Development Agreement addresses the entire 64-acre Dublin Ranch Subarea 3. Development Agreements are approved by an ordinance of the City Council upon recommendation by the Planning Commission. The proposed Development Agreement (Attachment 2 to Exhibit A) was drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on the standard Development Agreements 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 that the City will not change its zoning and other laws applicable to the project. The Development Agreement becomes effective for a term of five (5) years from the date of approval by the City Council. The City also benefits from entering into the Development Agreement with the property owner. Under the Development Agreement, the Developer agrees to make a community benefit payment of $1.8 million dollars to assist with the completion of Fallon Sports Park Phase II improvements. The Agreement is a contract that establishes obligations for both parties. The proposed Development Agreement also would be consistent with the previous development agreements associated with this property and approved for the Eastern Dublin Specific Plan area. Lennar Homes of California, Inc. has an option to buy the Subarea 3 property at this time. It will be the owner of the property at this time the ordinance approving the Development Agreement takes effect if the Agreement is approved by the City Council. In order to ensure that the City receives the community benefit payment under the Agreement, the Project Approvals will not take effect until the Agreement takes effect and is recorded on the Subarea 3 Property. 3 of 5 ENVIRONMENTAL REVIEW: The project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No. 51-93. The General Plan Amendment/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin and identified some impacts from implementation of the General Plan Amendment/Specific Plan that could not be mitigated to less than significant. Upon approval of the Eastern Dublin project, the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation-monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. The environmental impacts of the existing land uses were addressed by the Negative Declaration approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning for 453 acres of Dublin Ranch (Areas B-E). An Initial Study was prepared for the proposed Subarea 3 project, and a determination was made to prepare an Addendum to the Eastern Dublin EIR and 1997 ND. The Addendum concludes that the Subarea 3 project results in no new or more significant impacts than identified in the prior Eastern Dublin EIR and the 1997 ND and that no additional environmental review is required. The proposed Development Agreement would vest the Project Approvals for the Subarea 3 Project as described in the Addendum and does not change any of the development under the Project Approvals. Therefore, the Development Agreement is within the scope of the Project described in the Addendum. The City Council is scheduled to consider the Addendum at their February 18, 2014 meeting. PUBLIC NOTIFICATION: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project as well an expanded area which includes surrounding developments. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. A copy of this Staff Report was also forwarded to the Applicant. ATTACHMENTS: 1. Planning Commission Staff Report dated January 28, 2014 (without attachments). 2. Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, LLC with the Ordinance attached as Exhibit A and the Development Agreement included as Attachment 1 to Exhibit A. 4 of 5 GENERAL INFORMATION: APPLICANT: Kevin Fryer 5000 Hopyard Road, Suite 170 Pleasanton, CA 94588 PROPERTY OWNER: Lennar Homes of California, Inc. c/o Integral Communities 500 La Gonda Way, Suite 102 Danville, CA 94526 Attn: Drew Kusnick LOCATION: North of Dublin Boulevard, south of Central Parkway, east of Lockhart Street, and west of Fallon Road ASSESSORS PARCEL NUMBER: APN: 985-0027-012 EXISTING LAND USE DESIGNATION: a) Medium Density Residential (6.1 to 14.0 units per acre) — 27.2 acres; b) Medium High Density Residential (14.1 to 25 units per acre) — 8.6 acres; c) Open Space — 24.9 acres; d) Stream Corridor — 1.3 acres; and e) Neighborhood Park—2.0 acres EXISTING ZONING: City Council Ordinance 24-97 PROPOSED LAND USE DESIGNATION: a) Medium Density Residential (6.1 to 14.0 units per acre) — 38 acres; b) Medium High Density Residential (14.1 to 25 units per acre) — 7.5 acres; c) Rural Residential/Agricultural (1 unit per 100 acres) — 14.5 acres; d) Stream Corridor — 2.0 acres; and e) Neighborhood Park—2.0 acres (no change). PROPOSED RE-ZONING: PD PLPA 2013-00033 SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Parks/Public Recreation Fallon Community Sports Park Vacant South C-O Campus Office Planned Hospital/Medical Facility East PD Medium-High Density Residential, vacant and Open Space High Density Residential vacant West PD (pending approval of (pending approval for 122-unit Medium High Density Residential) townhouse/condominium project—The Groves Lot 3) 2235251.1 5 of 5