HomeMy WebLinkAbout8.2 Att 5 PC Reso recommend CC Ord for Dev Agmt RESOLUTION NO. 15-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT AMENDMENT BETWEEN THE CITY OF DUBLIN AND BJ-
ROF JORDAN RANCH LLC [MISSION VALLEY PROPERTIES] FOR
THE JORDAIV RANCH II PROJECT
WHEREAS, the Applicant, BJ-ROF Jordan Ranch LLC [Mission Valley Properties,
proposes to develop Parcel H of Jordan Ranch with 45 homes on 4.6 acres and Neighborhood 7
with 105 3-story detached units on 9.2 acres within the Eastern Dublin Specific Plan ("Specific
Plan") area. The project proposes a General Plan/Eastern Dublin Specific Plan Amendment to
change the land use designations of the 4.6 acre Parcel H site from Mixed Use (MU) to Medium
Density Residential (MDR) (6.1 to 14.0 units per acre) and of a 3.7-acre site from Community
Park to Public/Semi-Public and consistent PD-Planned Development rezoning with Stage 1
and/or Stage 2 Development Plan amendment. Site Development Review and Vesting
Tentative Maps 8267 and 8269, respectively, are proposed for the 4.6-acre Parcel H site and
the 9.2-acre Neighborhood 7site. The proposed development and applications are collectively
known as the "Project"; related approvals of the applications are collectively known as the
"Project Approvals"; and
WHEREAS, the Project site is located east of Fallon Road at Central Parkway, west of
Croak Road and south of Positano Parkway. Parcel H is at 4233 Fallon Road in the Eastern
Dublin Specific Plan area; and
WHEREAS, development of the Project site was addressed in the Eastern Dublin EIR,
Supplemental EIRs for EDPO and Fallon Village and subsequent Addenda in 2010 and 2012;
and
WHEREAS, the California Environmental Quality Act (CEQA), together with the state
guidelines and City environmental regulations, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. To comply with CEQA,
the City prepared a Mitigated Negative Declaration for the Project; and
WHEREAS, on September 22, 2015 following a duly noticed public hearing, the Planning
Commission adopted Resolution 15-XX recommending that the City Council adopt the Mitigated
Negative Declaration, Resolution 15-XX recommending that the City Council approve the
proposed General Plan/Eastern Dublin Specific Plan amendments, Resolution 15-XX
recommending that the City Council approve the proposed Planned Development rezoning, and
Resolution 15-XX recommending that the City Council approve the proposed Site Development
Review and Vesting Tentative Maps, which Resolutions are incorporated herein by reference
and available for review at City Hall during normal business hours; and
WHEREAS, a draft ordinance approving the proposed Development Agreement
amendment is attached to this Resolution as Exhibit A, with the Development Agreement as
Attachment 1 to Exhibit A, which exhibit is incorporated herein by reference.
ATTACHMENT 5
NOW, THEREFORE, BE IT RESOLVED THAT based on the application, MND and the
entirety of the record, the City of Dublin Planning Commission does hereby recommend that the
City Council make the following findings and determinations regarding the proposed
Development Agreement amendment:
1. The Development Agreement as amended is consistent with the objectives,
policies, general land uses and programs specified and contained in the City's General Plan,
and in the Eastern Dublin Specific Plan in that: (a) the General Plan and Specific Plan land use
designations (as amended), policies, programs and objectives are incorporated into the
Development Agreement and not altered by the Development Agreement; and (b) the Project is
consistent with the fiscal policies of the General Plan and Eastern Dublin Specific Plan with
respect to the provision of infrastructure and public services.
2. The Development Agreement as amended is compatible with the uses authorized
in, and the regulations prescribed for, the land use districts in which the real property is located,
as set forth in the applicable Planned Development zoning ordinance
3. The Development Agreement as amended is in conformity with public
convenience, general welfare, and good land use policies in that the Project will implement land
use guidelines set forth in the General Plan and Eastern Dublin Specific Plan.
4. The Development Agreement as amended will not be detrimental to the health,
safety, and general welfare in that the Developer's proposed Project will proceed in accordance
with all the programs and policies of the General Plan, Eastern Dublin Specific Plan, and
Project Approvals.
5. The Development Agreement as amended 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, the Eastern Dublin Specific Plan, and Project Approvals.
6. The Development Agreement as amended complies with the requirements of §§
65864 et seq. of the California Government Code and Dublin Municipal Code Chapter 8.56 and
specifies the duration of the agreement, the permitted uses of the property, the density or
intensity of use, the maximum height and size of proposed buildings, and provisions for
reservation or dedication of land for public purposes. The Development Agreement
amendment contains an indemnity and insurance clause requiring the developer to indemnify
and hold the City harmless against claims arising out of the development process, including all
legal fees and costs.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning
Commission does hereby recommend that the City Council adopt the Ordinance, attached as
Exhibit A, approving the Development Agreement amendment between the City of Dublin and
BJ-ROF Jordan Ranch LLC [Mission Valley Properties related to the Jordan Ranch II Project.
[Signature Page Immediately Follows]
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PASSED, APPROVED AND ADOPTED this 22nd day of September, 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
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