HomeMy WebLinkAbout8.2 Att 5 Exh A CC Ord Approve Dev Agmt Amndmt ORDINANCE NO. XX-15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN THE CITY OF
DUBLIN AND BJ-ROF JORDAN RANCH LLC [MISSION VALLEY PROPERTIES]
FOR THE JORDAN RANCH II PROJECT
(PLPA 2010-00068)
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. 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 7 site. The proposed development and applications are collectively known as the
"Project"; related approvals of the applications are collectively known as the "Project Approvals";
and
B. 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
C. The Applicant and City desire to amend the Development Agreement adopted by
Ordinance XX-15. The amendment, which is attached as Exhibit A and incorporated herein by
reference, addresses, among other things, commi�nity benefit in the form of park improvements
and acquisition of affordable housing credit from a specific affordable housing project; and
D. 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
E. 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
F. On September 22, 2015 following a duly noticed public h�aring, 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
EXHII3IT �A
AT'TACIIMI�:NT 5
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
G. On September 22, 2015, the Planning Commission held a properly noticed public
hearing on the Project, including the proposed Development Agreement amendment, and
adopted Resolution 15-XX recommending that the City Council adopt the Development
Agreement amendment, which Resolution is incorporated herein by reference and available for
review at City Hall during normal business hours; and
H. The City Council held a properly noticed public hearing on the Project, including
the proposed Development Agreement amendment, on , 2015 at which time all interested
parties had the opportunity to be heard; and
I. A staff report dated , 2015 and incorporated herein by reference, described
and analyzed the Project, including the Development Agreement amendment, for the City
Council; and
J. The City Council used their independent judgment and considered the staff report,
the MND, and all reports, recommendations and testimony referenced above and adopted
Resolution No. XX-15 adopting the MND, Resolution XX-15 approving the General Plan/Eastern
Dublin Specific Plan amendments, Ordinance XX-15 adopting amended Planned Development
zoning, and Resolution XX-15 approving the Site Development Review and Vesting Tentative
Maps, prior to approving the Development Agreement amendment. The above referenced
resolutions and ordinance are incorporated herein by reference and are available for review at
City Hall during normal business hours; and
K. The City Council has considered the recommendation of the Planning Commission
to adopt the Development Agreement amendment, 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 prior to approving the Development Agreement
amendment.
Section 2. FINDINGS AND DETERMINATIONS
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 Mitigated Negative Declaration
and prior environmental documentation, (e) the staff report; (f) information in the entire record of
proceedings for the Project, and on the basis of the specific conclusions set forth below, the City
Council finds and determines that:
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
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 amendment; 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.
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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.
Section 3. APPROVAL
The City Council hereby accepts the Planning Commission recommendation and
approves the Development Agreement amendment attached as Exhibit A and authorizes the
City Manager to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement as amended is fully executed by
all parties, the City Clerk shall submit the amended Agreement to the County Recorder for
recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect on the date the Applicant acquires fee title to the
Property. 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
, 2015 by the following votes:
AYES:
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NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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