HomeMy WebLinkAbout4.10 Jordan Ranch Subarea 3 PD Rezone
STAFF REPORT CITY CLERK
File #450-30/600-60
CITY COUNCIL
DATE:October 20, 2015
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Planned Development Rezone with related Stage 1 Development Plans for
portions of: 1) Jordan Ranch (PLPA 2015-00045); 2) Dublin Ranch Subarea 3
(PLPA 2015-00046); and 3) Wallis Ranch (PLPA 2015-00047), a Planned
Development Stage 2 Development Plan for Jordan Ranch and a Development
Agreement Amendment with BJ-ROF Jordan Ranch LLC Mission Valley
Properties
Prepared by Mike Porto, Consulting Planner
EXECUTIVE SUMMARY:
On October 6, 2015 the City Council approved the following General Plan and Eastern Dublin
Jordan Ranch
Specific Plan Land Use changes: 1) - change 3.7 acres from Parks/Public
Recreation to Public/Semi Public and change 4.6 acres identified as Parcel H from Mixed Use to
Dublin Ranch Subarea 3
Medium Density Residential (6.1 to 14.0 units per acre); 2) -
(Irongate) change 10.4 acres from Rural Residential/Agriculture to Parks/Public Recreation; and
Wallis Ranch
3) – change 1.9 gross acres from Semi-Public to Parks/Public Recreation. An
Ordinance was introduced for a Planned Development rezone with related Stage 1
Development Plan in accordance with the land use changes mentioned above. An Ordinance
was also introduced for a Planned Development Rezone with a Stage 2 Development Plan and
an amendment to the Jordan Ranch Development Agreement for Jordan Ranch. The City
Council also approved a Site Development Review Permit and Vesting Tentative Maps for
Parcel H (VTM 8267) and Neighborhood 7 (VTM 8269). Tonight the City Council will take action
on the Ordinances adopting the Planned Development zoning and amendment to the Jordan
Ranch Development Agreement.
RECOMMENDATION:
Ordinance
Staff recommends that the City Council: 1) waive the reading and adopt an
Approving a Planned Development Rezoning with related Stage 1 Development Plan for
portions of Jordan Ranch, Dublin Ranch Subarea 3 and Wallis Ranch, and approving a related
Stage 2 Development Plan Amendment for portions of Jordan Ranch; and 2) waive the reading
Ordinance
and adopt an Approving a Development Agreement Amendment between the City of
Dublin and BJ-ROF Jordan Ranch LLC (Mission Valley Properties) for the Jordan Ranch
Project.
ITEM NO. 4.10
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Submitted By Reviewed By
Community Development Director Assistant City Manager
PROJECT DESCRIPTION:
On October 6, 2015, the City Council held a public hearing to consider changes to three
separate projects, including Jordan Ranch and Dublin Ranch Subarea 3, as well as Wallis
Ranch, as generally identified in the Vicinity Map below and described in Attachment 1. The
City Council adopted resolutions approving: a Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Statement of Overriding Considerations; General
Plan/Eastern Dublin Specific Plan Amendments for the Project; and a Site Development Review
Permit and Vesting Tentative Maps for Parcel H (VTM 8267) and Neighborhood 7 (VTM 8269).
Fig. 1: Vicinity Map
The City Council also waived the reading and introduced an Ordinance (Attachment 2)
approving a Planned Development Rezone with related Stage 1 Development Plan for portions
of Jordan Ranch, Dublin Ranch Subarea 3 and Wallis Ranch, and approving a related Stage 2
Development Plan Amendment for portions of Jordan Ranch. The City Council also waived the
reading and introduced an Ordinance (Attachment 3) Approving a Development Agreement
Amendment between the City of Dublin and BJ-ROF Jordan Ranch LLC (Mission Valley
Properties) for the Jordan Ranch Project.
The Development Agreement has been revised (Section 5) to reflect the direction from the City
Council that staff and the applicant agree on a condition that limits occupancies of residential
units until the school is under construction. The occupancy limitation included in the
Development Agreement restricts occupancy of residential units in the project (total of 150
units), excepting model homes, until the City leases the school/park site to the City. Under the
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terms of the agreement between the City and DUSD, the City will not execute the lease until the
District demonstrates its ability to develop the school/park site. If DUSD is not able to develop
the site in the time frames anticipated (with construction currently scheduled to begin in Spring
of 2016), the developer would be permitted to occupy the project on a limited basis beginning in
January 2017.
The City Council is being asked to waive the second reading and adopt the Ordinance
approving Planned Development Rezoning with related Stage 1 Development Plan for portions
of Jordan Ranch, Dublin Ranch Subarea 3 and Wallis Ranch and approving a related Stage 2
Development Plan for portions of Jordan Ranch (Attachment 2). The City Council is also being
asked to waive the second reading and adopt the Ordinance approving a Development
Agreement Amendment between the City of Dublin and BJ-ROF Jordan Ranch LLC (Mission
Valley Properties) for the Jordan Ranch Project (Attachment 3).
ENVIRONMENTAL REVIEW:
All of the subareas have been subject to prior CEQA review in connection with prior project
approvals. The prior CEQA reviews included the Eastern Dublin EIR and three supplemental
EIRs, among others. Therefore, the City prepared an Initial Study in accordance with CEQA
Section 21166 and related CEQA Guidelines sections 15162/15163 to determine whether
additional environmental review is required for the proposed general plan and Stage 1 PD
rezoning approvals. Based on the Initial Study, the City determined that a Mitigated Negative
Declaration (MND) should be prepared, mostly to examine the potential for potential significant
effects related to future development of a school on one of the Jordan Ranch sites.
The City received several public and agency comments on the MND during the public review
period (as well as some late comments). Although not required by CEQA, the City prepared
responses to the public comments raising environmental issues, given the public interest in the
project. The public comments and responses are attached to the staff report.
Subsequent to release of the MND, the Jordan Ranch applicants submitted additional
applications requesting development project approvals for two sites: Parcel H and
Neighborhood 7. Staff carefully reviewed the additional applications to determine if they
required the MND to be recirculated for public review under CEQA Guidelines section 15073.5.
Staff determined that the MND did not need to be recirculated for public review because one of
the sites, Parcel H, had been analyzed in 2012 for potential mixed use development of up to 105
dwellings and 5,000 square feet of retail commercial. The current project proposes potential
Medium Density Residential development at 45 rather than 105 dwellings and without the retail
commercial uses. These potential uses and densities were analyzed in the MND prepared for
the project. The additional applications identified project lotting patterns, internal circulation,
architecture and landscaping. These additional features do not affect previously identified
significant impacts, mitigation measures, or the findings of the MND. The other site,
Neighborhood 7, had also been analyzed in 2012 for potential residential development of up to
100 units under a dual residential/school land use designation allowing future development of
either school or residential uses. The additional application now proposes 105 units. Staff
determined that the additional 5 lots in Neighborhood 7 would not add a new significant impact
to those identified in prior CEQA reviews. As noted in the MND, future development on Jordan
Ranch has been analyzed in three EIRs (Eastern Dublin EIR, EDPO SEIR, Fallon Village SEIR)
and two recent CEQA addenda in 2010 and 2012. To document this review and determinations,
staff prepared an appendix to the MND. As documented in the MND and appendix for the
currently proposed approvals, other than the impacts identified in the MND, there are no new or
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more severe significant impacts that identified in the prior environmental reviews. Further, all
previously adopted mitigation measures continue to apply to the development sites unless
otherwise specified in the MND. The prior environmental reviews are identified in the MND and
are available for review at City Hall during normal business hours.
ATTACHMENTS:
1. City Council Staff Report dated October 6, 2015, without
attachments
2. Ordinance approving Planned Development Rezoning with related
Stage 1 Development Plan for portions of Jordan Ranch, Dublin
Ranch Subarea 3 and Wallis Ranch and approving a related Stage 2
Development Plan for portions of Jordan Ranch
3. Ordinance approving a Development Agreement Amendment
between the City of Dublin and BJ-ROF Jordan Ranch LLC (Mission
Valley Properties) for the Jordan Ranch Project, with the
Development Agreement Amendment included as Exhibit A
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STAFF REPORT CITY CLERK
File #420-30/450-20/600-60
CITY COUNCIL
DATE:October 6, 2015
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
General Plan/Eastern Dublin Specific Plan Amendments, Planned Development
Rezoning with related Stage 1 Development Plans for portions of: 1) Jordan
Ranch (PLPA 2015-00045); 2) Dublin Ranch Subarea 3 (PLPA 2015-00046); and
3) Wallis Ranch (PLPA 2015-00047). In addition, Jordan Ranch has submitted
an application for Planned Development Zoning with and Stage 2 Development
Plan, Site Development Review Permit and Vesting Tentative Maps 8267 and
8269 for Parcel H and Neighborhood 7; and a Development Agreement
Amendment with BJ-ROF Jordan Ranch LLC Mission Valley Properties.
Prepared by Mike Porto, Consulting Planner
EXECUTIVE SUMMARY:
The City Council will consider the following General Plan and Eastern Dublin Specific Plan Land
Jordan Ranch
Use changes: 1) - change 3.7 acres from Parks/Public Recreation to
Public/Semi Public and change 4.6 acres identified as Parcel H from Mixed Use to Medium
Dublin Ranch Subarea 3
Density Residential (6.1 to 14.0 units per acre); and 2) - (Irongate)
change 10.4 acres from Rural Residential/Agriculture to Parks/Public Recreation. A Planned
Development rezone with related Stage 1 Development Plan is proposed in accordance with
these land use changes. Jordan Ranch also proposes to include Planned Development Zoning
with a Stage 2 Development Plan, Site Development Review Permit and Vesting Tentative
Maps for Parcel H (VTM 8267) and Neighborhood 7 (VTM 8269). An amendment to the Jordan
Ranch Development Agreement is also proposed. Changing Parcel H to MDR would remove the
potential for 115 units and 5,000 square feet of retail commercial and replaces it with 45
units,(five units are detached 2-story homes and 40 units are 3-story duets). Neighborhood 7,
approved previously for approximately 100 Medium Density units, includes 105 detached 3-story
units.
Wallis Ranch
The City Council will also consider land use changes for the project to help
address a potential future parkland deficit that is unrelated to the school/park site changes in
Jordan Ranch. The City and the Wallis Ranch developer propose to create additional parkland
by way of a General Plan and Eastern Dublin Specific Plan Amendment and Planned
Development Zoning to change 1.9 acres from Semi-Public to Parks/Public Recreation. This
proposal does not modify the number of residential units in the Wallis Ranch development.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing; deliberate; and take the
following actions:
ITEM NO. 6.1
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Resolution
a) Adopt the Adopting a Mitigated Negative Declaration, Mitigation Monitoring
and Reporting Program and Statement of Overriding Considerations for the Jordan
Ranch/Subarea 3/Wallis Ranch Project;
Resolution
b) Adopt the Approving General Plan/ Eastern Dublin Specific Plan
Amendments for portions of Dublin Ranch Subarea 3 (Irongate), Wallis Ranch and
Jordan Ranch;
INTRODUCE
c) Waive the reading and an Ordinance Approving a Planned Development
Rezoning with related Stage 1 Development Plan for portions of Jordan Ranch, Dublin
Ranch Subarea 3 and Wallis Ranch, and approving a related Stage 2 Development Plan
Amendment for portions of Jordan Ranch;
Resolution
d) Adopt the Approving a Site Development Review Permit and Vesting
Tentative Maps 8267 (Parcel H) and 8269 (Neighborhood 7) for the Jordan Ranch
project; and
INTRODUCE
e) Waive the reading and an Ordinance Approving a Development Agreement
Amendment between the City of Dublin and BJ-ROF Jordan Ranch LLC (Mission Valley
Properties) for the Jordan Ranch Project.
Submitted By Reviewed By
Community Development Director Assistant City Manager
PROJECT DESCRIPTION:
Background
This Staff Report addresses changes to three separate projects, including Jordan Ranch and
Dublin Ranch Subarea 3, as well as Wallis Ranch, as generally identified in the Vicinity Map
below. The proposed changes to Jordan Ranch and Dublin Ranch Subarea 3 are interrelated as
discussed below. The proposed changes to Wallis Ranch are not related to the Jordan
Ranch/Subarea 3 changes but are included in this Staff Report to comply with State Law
regarding the number of actions approving General Plan Amendments, per Element, per year.
Jordan Ranch/Subarea 3
The City Council has entered into a Memorandum of Understanding (MOU) with the Dublin
Unified School District (DUSD) to help DUSD obtain the rights to a site to build a school, at
minimal cost to the District and at no cost to the City. The City and DUSD have discussed a
proposal that involves land currently designated as Parks/Public Recreation for a joint use
school and park site and development of a site currently dual-designated for school and
residential purposes, for residential use within the Jordan Ranch project area. DUSD is
interested in the new school/park site because of its need for additional school facilities, the
need for a site that can accommodate up to 950 students, and its lack of funds to purchase the
site within Jordan Ranch that allows school uses.
The re-designation would reduce the amount of parkland acreage in Eastern Dublin. City Staff,
with the assistance of the Jordan Ranch developer, approached Lennar Homes to discuss
options for the City to obtain the Rural Residential/Agriculture site on Subarea 3 to help address
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this reduction parkland. Lennar Homes was amenable to the Staff’s request. The land use
designation for this site is proposed to be changed to Parks/Public Recreation and used as a
future park site.
City parks are acquired and paid for by developers through the City’s Public Facility Fee
program. The fees collected are allocated to park and facilities construction through the City’s
Capital Improvement Program (CIP). The City Council’s priorities in the current five-year CIP (in
funding order) are Emerald Glen Recreation and Aquatic Complex, Fallon Sports Park Phase 2,
and Jordan Ranch Neighborhood Park. Under the proposed agreement, the developer would
construct the Jordan Ranch neighborhood park, which is approved and designed, in March
2017. A proposed Development Agreement memorializes this agreement as further discussed
below.
Wallis Ranch
The City’s Parks and Recreation Master Plan requires five acres of parkland per 1,000
residents. In the City’s 2015 Update of the Master Plan, it is projected that the City will have a
parkland deficit, at build-out, of approximately 10 acres. This deficit is not related to the
school/park site discussed above. City staff approached Trumark Homes to discuss options for
the City to obtain additional parkland within Wallis Ranch. Trumark was amenable to converting
a 1.9-acre Semi-Public site to Parks/Public Recreation.
Fig. 1: Vicinity Map
Current Request
Jordan Ranch – The 189.4-acre Jordan Ranch project is located east of Fallon Road near the
southeasterly City limits as shown in the vicinity map. The Jordan Ranch property was first
approved in 2002 and revised in 2005 to allow up to 1,064 dwellings at various densities.
Subsequent approvals have reduced the development potential to 964 dwellings. Three sites in
Jordan Ranch are discussed in this Staff Report including a new school site, Neighborhood 7,
and Parcel H.
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New School Site: The proposed school site is part of a 17.2 acre future Community Park site
that is located at the southeast corner of Central Parkway and Sunset View (10.1 acres are
located on Jordan Ranch property and 7.1 acres are located on the Chen property to the south).
The City Council initiated a General Plan Amendment Study for this site on February 17, 2015. The
City proposes to change 3.7 acres within the Jordan Ranch community park area from
Parks/Public Recreation to Public/Semi-Public to accommodate the building area for a future
flexible K-8 school. The 3.7 acres is exclusive of outdoor play areas, parking fields, the multi-
purpose room and field areas that can be used jointly for park and school purposes.
Neighborhood 7: This 9.2-acre site is located on the southeast side of Panorama Drive. The site
includes dual Medium Density Residential and Public/Semi-Public land use designations and has
approved zoning which allows up to 100 dwellings or school uses. The applicant is requesting
approval of entitlements to develop 105 dwelling units on the site. However, no General Plan land
use changes are requested because the site is already designated for Medium Density Residential
consistent with the proposed project.
Parcel H: The 4.6-acre site is located at the northeast corner of Central Parkway and Fallon Road.
The land use designation and zoning for Parcel H was changed from Open Space to Mixed Use in
2012, and allows for up to 115 dwellings and 5,000 sf of commercial use. The property owner is
requesting approval to change the land use designation from Mixed Use to Medium Density
Residential and related entitlements to reduce the residential development from 115 units to 45
units and eliminate the commercial component of the project. The applicant has requested this
change to reduce transportation impacts related to moving the school from its originally proposed
location and increasing the student capacity.
Dublin Ranch Subarea 3 (Irongate) – The 64-acre Subarea 3 community is bounded by
Central Parkway on the north, Dublin Boulevard on the south, Fallon Road on the east, and
Lockhart Street on the west. The existing General Plan and Eastern Dublin Specific Plan
(EDSP) land use designations for Subarea 3 include a 10.4 acre area designated Rural
Residential/Agriculture (RR/A). The City proposes to change the land use designation from Rural
Residential/Agriculture to Parks/Public Recreation.
Wallis Ranch – The 184-acre Wallis Ranch is located near the northerly City limits west of
Tassajara Road and east of the Parks Reserve Forces Training Area (PRFTA). The General
Plan/Eastern Dublin Specific Plan land uses and Planned Development Zoning were originally
adopted in 2005. Amendments to the zoning in 2014 reduced the number of approved dwellings
from 935 to 806. Included within Wallis Ranch is a 1.9-acre site designated Semi-Public. This
site is located immediately south of a future park side and to west across Tassajara Road from
the Quarry Lane School. The proposed GPA/EDSPA would change a 1.9-gross acre site from
Semi-Public to Parks/Public Recreation.
Tonight, the City Council is asked to take action on the proposed land use amendments, zoning
and related entitlements listed below and as discussed in this Staff Report.
Jordan Ranch
GPA/EDSPA (New School Site & Parcel H): Change 3.7 acres from Parks/Public Recreation
to Public/Semi-Public, and 4.6 acres from Mixed Use to Medium Density Residential.
Planned Development Rezone with a Stage 1 Development Plan (New School Site &
Parcel H).
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Density
Planned Development Rezone with a Stage 2 Development Plan (Neighborhood 7 &
Parcel H).
Site Development Review Permit (Neighborhood 7 & Parcel H).
Neighborhood 7 for 105 units of 3-story detached units.
o
Parcel H for 45 units, 5 of which are single-family detached and 40 duet units described
o
as 2 and 3-story homes attached at ground level.
Vesting Tentative Maps 8269 and 8267 (Neighborhood 7 & Parcel H).
Development Agreement Amendment (Jordan Ranch).
Subarea 3
GPA/EDSPA: Change the land use designation of 10.4 acres from RR/A to Parks/Public
Recreation.
Planned Development Rezone with a Stage 1 Development Plan.
Wallis Ranch
GPA/EDSPA: Change the land use designation of 1.9 acres from Semi-Public to
Parks/Public Recreation.
Planned Development Rezone with a Stage 1 Development Plan.
ANALYSIS:
General Plan/Eastern Dublin Specific Plan Amendment
Jordan Ranch – The proposed General Plan/EDSP Amendment (GPA/SPA) would change the
land use designation of the 4.6 acre Parcel H from Mixed Use to Medium Density Residential
(6.1 to 14.0 units/acre), and 3.7-acres of the Community Park site from Parks/Public Recreation
to Public/Semi-Public for a flexible K-8 school site to serve 950 students. The remainder of the
Community Park site would remain designated as Parks/Public Recreation for joint use between
the City and the School District. The proposed land use amendments are shown on the Land
Use maps, below:
PROPOSED LAND USE
EXISTING LAND USE
Mixed Use Med Density
N/A
N/A
Public/Semi
Public
Parks/Public
Recreation
Stage 1 Jordan Ranch Stage 2 Jordan Ranch
Page 5 of 11
Dublin Ranch Subarea 3 (Irongate) – The proposed GPA/SPA would change the designation
of a 10.4 acre site from Rural Residential/Agriculture to Parks/Public Recreation. This proposed
park site would offset the loss of parkland within Jordan Ranch. The existing and proposed land
use designations for Subarea 3 are shown below:
EXISTING LAND USE PROPOSED LAND USE
Parks/Public
Recreation
Wallis Ranch – The City and Trumark Homes propose to change the land use designation of a
1.9 acre site in Wallis Ranch from Semi-Public to Parks/Public Recreation to offset a potential
future parkland deficit in Eastern Dublin. The proposed land use change is shown below:
EXISTING LAND USE PROPOSED LAND USE
Parks/Public
Semi-Public
Recreation
The proposed amendments to the General Plan and EDSP require adjustments to various
figures, texts, and tables in both documents to ensure consistency throughout the documents as
shown in the attached Resolution (Attachment 1).
Planned Development Rezone
A Planned Development Rezone with a Stage 1 Development Plan is proposed for the new
school site in Jordan Ranch, the proposed park site in Subarea 3, and the proposed Wallis
Ranch park site. The proposed Stage 1 PDs are consistent with the proposed GPA/EDSPA.
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A Planned Development Zoning Stage 2 Development Plan is proposed for Jordan Ranch
Neighborhood 7 and Parcel H. The zoning for Neighborhood 7 would allow 105 detached 3-
story units. The zoning for Parcel H would allow 45 units including 5 single-family detached
homes and 40 attached duets. With this approval, Jordan Ranch would include a total of 899
units. This is a reduction for the 1,064 units originally approved in 2005 which was reduced to
964 units in 2012.
Please refer to Ordinance included as Attachment 2 for the proposed Planned Development
Zoning.
Site Development Review and Vesting Tentative Map
The Jordan Ranch applicant requests approval of a Site Development Review Permit (SDR) and
Vesting Tentative Maps for Parcel H and Neighborhood 7 of Jordan Ranch as discussed below.
The proposal is consistent with the existing design and development standards adopted for
Jordan Ranch which planned to provide both single family and multi-family housing. The
proposed resolution approving the SDR and VTMs is included as Attachment 3.
Parcel H
The Applicant proposes to construct five detached two-story homes and 40 three-story duets.
The duets are plotted so that each unit shares a common wall at the ground level only. The
proposed density would be 9.78 units per acre consistent with the proposed Medium Density
(6.1-14 du/ac) land use designation. Access to the site would be taken from Central Parkway
and Jordan Ranch Drive. The proposed project provides 2 garage spaces plus 1 guest space
per unit. The following depicts the proposed site plan and elevations for Parcel H. Please refer
to the Planning Commission Staff Report (Attachment 4 – pages 9-12) for a complete discussion
of the project. The project plans are included as Attachment 5.
Site Plan – Parcel H
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Elevations – Parcel H
Neighborhood 7
The Applicant proposes to construct 105 single-family detached alley loaded homes on
Neighborhood 7. Primary access to the site is from Panorama Drive. All of these homes face
onto a neighborhood street or a private park and take vehicular access from a motorcourt or
driveway. The site plan includes extensive use of pedestrian paseos to interconnect the project
and adjacent neighborhoods. The proposed density would be 11.41 units per acre consistent
with the existing Medium Density (6.1-14 du/ac) land use designation. The proposed project
provides 2 garage spaces plus 1 guest space per unit. The following depicts the proposed site
plan and elevations for Neighborhood 7. Please refer to the Planning Commission Staff Report
(Attachment 4 – pages 12-15) for a complete discussion of the project. The project plans are
included as Attachment 5.
Site Plan – Neighborhood 7
Page 8 of 11
Elevations – Neighborhood 7
Development Agreement Amendment – Jordan Ranch
The City and the developer of Jordan Ranch have negotiated an amendment to the existing
Jordan Ranch Development Agreement (Attachment 6, Exhibit A). The amendment will vest the
developer’s right to construct the project proposed in the current approvals. It has no impact on
the developer’s existing entitlements. In exchange, the DA amendment will provide two
community benefits. First, the developer will construct the Jordan Ranch neighborhood park
currently designed and ready for construction. A recent estimate for the park improvements is
$1.965 million. The Developer would not receive any park improvement credits for the first $1.6
million of the construction costs, but would receive park credits for the cost/amount above that.
Put another way, the City would receive a $1.6 million community benefit and relieve the City’s
Public Facility Fee program from having to pay for the park. In turn, cash flow for future parks
would could be available (likely) sooner than would otherwise be expected. The next
neighborhood park would be Sean Diamond Park, which is currently in design.
Another community benefit negotiated was the purchase of affordable housing credits.
Following the City Council action on the Green project earlier this year, there is no longer a
purchaser of the credits created by the Veteran’s Affordable Housing project in the Downtown.
Rather than make in-lieu payments for the 15 unit obligation, Staff requested that the Developer
purchase 15 credits available from this project within four months of the effective date of the
approval. This will add $1.5 million in funds to the City’s Affordable Housing program and offset
a portion of the City’s current $6.4 million investment in the Downtown project.
The primary intent of a development agreement is to vest the land use approvals and provide
certainty to the City and the developer. On September 22, 2015, the Planning Commission
adopted a resolution recommending that the City Council deny an Ordinance approving the
amendment to the Development Agreement (Attachment 6).
ENVIRONMENTAL REVIEW:
All of the subareas have been subject to prior CEQA review in connection with prior project
approvals. The prior CEQA reviews included the Eastern Dublin EIR and three supplemental
EIRs, among others. Therefore, the City prepared an Initial Study in accordance with CEQA
Section 21166 and related CEQA Guidelines sections 15162/15163 to determine whether
additional environmental review is required for the proposed general plan and Stage 1 PD
Page 9 of 11
rezoning approvals. Based on the Initial Study, the City determined that a Mitigated Negative
Declaration (MND) should be prepared, mostly to examine the potential for potential significant
effects related to future development of a school on one of the Jordan Ranch sites. The MND is
attached as Exhibit A to Attachment 6 of this staff report.
The City received several public and agency comments on the MND during the public review
period (as well as some late comments). Although not required by CEQA, the City prepared
responses to the public comments raising environmental issues, given the public interest in the
project. The public comments and responses are attached as Exhibit B to Attachment 6 of this
staff report.
Subsequent to release of the MND, the Jordan Ranch applicants submitted additional
applications requesting development project approvals for two sites: Parcel H and
Neighborhood 7. Staff carefully reviewed the additional applications to determine if they
required the MND to be recirculated for public review under CEQA Guidelines section 15073.5.
Staff determined that the MND did not need to be recirculated for public review because one of
the sites, Parcel H, had been analyzed in 2012 for potential mixed use development of up to 105
dwellings and 5,000 square feet of retail commercial. The current project proposes potential
Medium Density Residential development at 45 rather than 105 dwellings and without the retail
commercial uses. These potential uses and densities were analyzed in the MND prepared for
the project. The additional applications identified project lotting patterns, internal circulation,
architecture and landscaping. These additional features do not affect previously identified
significant impacts, mitigation measures, or the findings of the MND. The other site,
Neighborhood 7, had also been analyzed in 2012 for potential residential development of up to
100 units under a dual residential/school land use designation allowing future development of
either school or residential uses. The additional application now proposes 105 units. Staff
determined that the additional 5 lots in Neighborhood 7 would not add a new significant impact
to those identified in prior CEQA reviews. As noted in the MND, future development on Jordan
Ranch has been analyzed in three EIRs (Eastern Dublin EIR, EDPO SEIR, Fallon Village SEIR)
and two recent CEQA addenda in 2010 and 2012. To document this review and determinations,
staff prepared an appendix to the MND which is attached as Exhibit C of Attachment 6. As
documented in the MND and appendix for the currently proposed approvals, other than the
impacts identified in the MND, there are no new or more severe significant impacts that
identified in the prior environmental reviews. Further, all previously adopted mitigation
measures continue to apply to the development sites unless otherwise specified in the MND.
The prior environmental reviews are identified in the MND and are available for review at City
Hall during normal business hours.
On September 22, 2015, the Planning Commission voted not to recommend that the City
Council adopt the Mitigated Negative Declaration. Attachment 7 is a Resolution adopting a
Mitigated Negative Declaration for Jordan Ranch, Dublin Ranch Sub Area 3 and Wallis Ranch.
The MND, comments and responses, and appendix are attached and included as Exhibits A, B,
and C, respectively. CEQA also requires that approval of an MND also approve a Mitigation
Monitoring and Reporting Program (MMRP) in accordance with CEQA Guidelines section
15097. The required MMRP is attached to the City Council draft resolution as Exhibit D and the
Statement of Overriding Consideration attached as Exhibit E.
PLANNING COMMISSION REVIEW
The Planning Commission considered the proposed project at its meeting on September 22,
2015. Written public comments received after the Planning Commission Agenda was published
Page 10 of 11
are included as Attachments 8 and 9. The Planning Commission recommended, by a 3-2 vote,
that the City Council not approve the project. The Planning Commission Resolution and Meeting
minutes are included as Attachments 10 and 11.
PUBLIC NOTICING:
In accordance with State law, a public notice was mailed to all property owners and occupants
within 300 feet of the proposed project sites to advertise the project and the upcoming public
hearing. A public notice also was published in the Valley Times and posted at several locations
throughout the City. A copy of this Staff Report has been provided to the Applicant.
ATTACHMENTS:
1. Resolution approving General Plan/Eastern Dublin Specific Plan
Amendments for portions of Dublin Ranch Subarea 3 (Irongate),
Wallis Ranch and Jordan Ranch
2. Ordinance approving Planned Development Rezoning with related
Stage 1 Development Plan for portions of Jordan Ranch, Dublin
Ranch Subarea 3 and Wallis Ranch and approving a related Stage 2
Development Plan for portions of Jordan Ranch
3. Resolution approving a Site Development Review Permit and
Vesting Tentative Maps 8267 (Parcel H) and 8269 (Neighborhood 7)
for the Jordan Ranch project
4. Planning Commission Staff Report dated September 22, 2015
5. Project plans dated received on September 14, 2015
6. Ordinance approving a Development Agreement Amendment
between the City of Dublin and BJ-ROF Jordan Ranch LLC (Mission
Valley Properties) for the Jordan Ranch Project, with the
Development Agreement Amendment included as Exhibit A
7. Resolution adopting a Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Statement of Overriding
Considerations for the Jordan Ranch/Subarea 3/Wallis Ranch
Project, with Exhibits A through E
8. Written public comments received after Planning Commission
Agenda was published
9. Written public comment received after the Planning Hearing
10. Planning Commission Resolution 15-08 dated September 22, 2015
11. Draft Planning Commission Meeting minutes dated September 22,
2015
Page 11 of 11
ORDINANCE NO. XX – 15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
APPROVING PLANNED DEVELOPMENT REZONING WITH RELATED STAGE 1
DEVELOPMENT PLAN FOR PORTIONS OF JORDAN RANCH, DUBLIN RANCH SUBAREA
3 AND WALLIS RANCH AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN
FOR PORTIONS OF JORDAN RANCH (PLPA 2015-00045, 2015-00046 AND 2015-00047)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. On October 6, 2015 the City Council adopted Resolution 165-15 approving a General
Plan/Eastern Dublin Specific Plan Amendment to change the land use designation of a 4.6 acre
site known as Parcel H and located at 4233 Fallon Road (APN 985-0098-006) between Central
Parkway and Jordan Ranch Drive from Mixed Use (MU) to Medium Density Residential (6.1 to
14.0 units per acre). The resolution also approved a General Plan/Eastern Dublin Specific Plan
Amendment to change the land use designation of a 3.7-acre site located east of Fallon Road
and along the south side of Central Parkway (portion APN 985-0027-007-02) from Community
Park to Public/Semi-Public for future development of a school; and
B. In addition, the City Council also adopted General Plan/Eastern Dublin Specific Plan
amendments for two other sites. One site within Dublin Ranch Subarea 3 (known as Irongate)
is 10.4 acres located south of Central Parkway and north of Dublin Boulevard between Lockhart
Street and Fallon Road and was changed from Rural/Residential Agriculture (RR/A) to
Parks/Public Recreation (P/PR) (portion APN 985-0027-012). The other site within Wallis
Ranch is 1.9 acres located along the west side of Tassajara Road north of Dublin Ranch Road
(APN 986-0045-009) and was changed from Semi-Public (SP) to Parks/Public Recreation
(P/PR); and
C. For Jordan Ranch II, the Applicant, Mission Valley Properties, proposes to develop 45
homes on a 4.6 acre site known as Parcel H and provide for a joint School/Park on a 10.1-acre
site south of Central Parkway within Jordan Ranch. In addition, a 9.2 acre Medium Density
Residential site (Neighborhood 7) is proposed for development of 105 detached town homes.
The proposed amendments, development and applications are collectively known as the
“Project;” and
D. 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 the CEQA, the State
Guidelines and City environmental regulations, the City prepared and circulated a Mitigated
Negative Declaration (MND) for the Project; and
E. Following a public hearing on September 22, 2015, the Planning Commission adopted
Resolution 15-08 recommending that the City Council not approve the CEQA Mitigated Negative
Declaration for the project, and recommending that the City Council not approve the Project
General Plan and Specific Plan amendments, Planned Development.
1
F. A Staff Report, dated October 6, 2015 and incorporated herein by reference, described and
analyzed the Project, including the Planned Development rezoning and related Stage 1 and 2
Development Plan Amendment, for the City Council.
G. On October 6, 2015, the City Council held a properly noticed public hearing on the Project,
including the proposed Planned Development rezoning and related Stage 1 and 2 Development
Plan Amendment, at which time all interested parties had the opportunity to be heard.
H. On October 6, 2015, the City Council adopted Resolution 164-15 approving the CEQA
Mitigated Negative Declaration and adopting a Statement of Overriding Considerations for the
Project, and adopted Resolution 165-15 approving General Plan and Eastern Dublin Specific
Plan amendments for the Project, which resolutions are incorporated herein by reference and
available for review at City Hall during normal business hours.
I. The City Council considered the CEQA Mitigated Negative Declaration and related prior
CEQA documents, the Planning Commission recommendation, and all above-referenced
reports, recommendations, and testimony prior to taking action on the Project.
SECTION 2: FINDINGS AND DETERMINATIONS
I. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The proposed Planned Development rezone with related Stage 1 and Stage 2
Development Plan amendments meets the purpose and intent of Chapter 8.32 in that it
provides a comprehensive development plan for the affected sites that creates a
desirable use of land that is sensitive to surrounding land uses by virtue of the layout and
design of the site plan.
2. Development of the Project under the Planned Development zoning and the related
Stage 1 and 2 Development Plan amendments will be harmonious and compatible with
existing and future development in the surrounding area in that it will maintain the open
space character of the 10.4 acres in Subarea 3 and augment the existing park
designations on Wallis Ranch. The Parcel H and Neighborhood 7 Development Plans
will provide residential development consistent with the surrounding development by
providing unique floor plan designs and the incorporation of open space components.
The school site would be developed in the future by the Dublin Unified School District and
is located convenient to residential uses and has good roadway access.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds
as follows.
1. The Planned Development zoning for the Project and the related Stage 1 and 2
Development Plan will be harmonious and compatible with existing and potential
development in the surrounding area in that they maintain the open space character of
the 10.4 acres in Subarea 3 and augment the existing park designations in Wallis Ranch.
The Parcel H and Neighborhood 7 Development Plans will provide residential
development consistent with the surrounding development by providing unique floor plan
designs and the incorporation of open space components. The proposed site plan has
taken into account sensitive adjacencies and will provide a wide range of amenities to the
surrounding neighborhoods. The school site would be developed in the future by the
2
Dublin Unified School District and is located convenient to residential uses and has good
roadway access.
2. The project site is physically suitable for the type and intensity of the zoning district
being proposed in that the project maintains and increases open space and park
opportunities in Subarea 3 and Wallis Ranch. The Parcel H and Neighborhood 7
Development Plans are consistent with the general character and density of adjacent
residential development. The development project site conditions in the Stage 2
Development Plans are documented in the Mitigated Negative Declaration (MND) and
previously certified environmental documents, and the project will implement all adopted
mitigation measures, including those identified in the MND. There are no site conditions
that were identified that will present an impediment to development of any of the sites for
the intended purposes. There are no major physical or topographic constraints on the
development sites. Thus, all of the sites are physically suitable for the type and intensity
of the park, open space, school or residential uses approved through the Planned
Development zoning.
3. The Planned Development zoning will not adversely affect the health or safety of
persons residing or working in the vicinity, or be detrimental to the public health, safety
and welfare in that the project will comply with all applicable development regulations and
standards and will implement all adopted mitigation measures. The Project uses are
compatible with surrounding uses.
4. The Planned Development zoning is consistent with the Dublin General Plan, as
amended, and the Eastern Dublin Specific Plan, as amended, in that the proposed park
and residential uses are consistent with the Parks/Public Recreation and Medium Density
Residential land use designations approved for the sites. The school site would be
developed in the future by the Dublin Unified School District and is consistent with the
approved Public/Semi-Public land use designation.
C. Pursuant to the California Environmental Quality Act, the City Council approved a CEQA
Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Statement of
Overriding Considerations on October 6, 2015, as set forth in Resolution 164-15, which
resolution is incorporated herein by reference and available for review at City Hall during normal
business hours.
SECTION 3:ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the property described below to a Planned Development Zoning
District. The “Project sites” or “Properties” are described as follows:
3
LOCATION:Jordan Ranch
is located east of Fallon Road near the southeasterly City
limits. The rezoning is approved for Parcel H and Neighborhood 7, both north of Central
Parkway, and the school site along the south side of Central Parkway, as shown below.
4233 Fallon Road Vesting Tentative Map 8024. Parcel H - APN 985-0098-006 Site E-5 -
APN 985-0108-001, and Park/School Site – APN 985-0098-002 (APN 985-0027-007-02,
985-0027-006-04)
SUBJECT AREAS
Jordan Ranch
Dublin Ranch Subarea 3
is bounded by Central Parkway on the north, Dublin Boulevard
on the south, Fallon Road on the east, and Lockhart Street on the west. The 10.4-acre
rezoning site bisects the project area in a band generally running from the northwest to
the southeast between Central Parkway and Dublin Boulevard. Vesting Tentative Map
8187 APN 985-0027-012; as shown below:
4
SUBJECT AREA
Parks/Public Recreation
Subarea 3
Wallis Ranch
generally is located near the northerly City limits, west of Tassajara Road
and east of the Parks Reserve Forces Training Area (PRTFA) and County regional trail.
The 1.9-acre land rezoning site is located at the southerly boundary north of Dublin
Ranch Road, Vesting Tentative Map 7515, APN 986-0045-009, as shown below.
Parks/Public Recreation
SUBJECT AREA
Wallis Ranch
SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the Project sites
are set forth in the following Stage 1 and 2 Development Plan for the Affected Sites as defined
below, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan
shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors.
5
Stage 1 Development Plan for all sites and Stage 2 Development Plan for the Jordan
Ranch II Project
The Stage 1 Development Plan applies to Jordan ranch Public/Semi Public (school site), the
Sub Area 3 Park/Public Recreation site and the Wallis Parks/Public recreation site.
The Stage 2 Development Plan applies to Jordan Ranch Parcel H and Neighborhood 7.
This is a Stage 1 and Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2
Development Plan set forth in Chapter 8.32 of the Zoning Ordinance and is adopted as a part of
the Planned Development Rezoning of Jordan Ranch (PLPA 2015-00045), Subarea 3 (PLPA
2015-00046) and Wallis Ranch (PLPA 2015-00047).
The Planned Development District and this Stage 1 and 2 Development Plan provides flexibility
to encourage innovative development while ensuring that the goals, policies, and action
programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are
satisfied.
1. Statement of Permitted, Conditional and Accessory Uses.
PD – Medium Density Residential
Permitted Uses
Accessory structures and uses in accordance with Section 8.40.030 of the Dublin
Zoning Ordinance
Attached and/or detached dwelling, zero-lot line units, single-family units, duplexes,
townhouses, multi-family dwellings
Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance
Small family day care homes
Other similar uses as determined by the Community Development Director
Conditional Uses
Accessory structures and uses located on the same site as a conditional use
Bed and Breakfast inns
Community clubhouse
Community facilities
Large family day care homes
Other similar uses as determined by the Community Development Director
Parks/Public Recreation
Permitted Uses, including, but not limited to:
Public or private infrastructure
Public parks and recreation facility- active or passive
Trails and maintenance roads, including emergency vehicle access
Water quality, drainage, and other similar facilities, including swales and basins
Other similar uses as determined by the Community Development Director
6
Public/Semi Public
Permitted Uses, including, but not limited to:
Public or private educational facilities
Other uses as consistent with the General Plan Land Use for Public/Semi Public
as determined by the Community Development Director.
2. Stage 1 and 2 Site Plan.
SUBJECT AREA
Parks/Public Recreation
Stage 1 Site Plan - Dublin Ranch Subarea 3 (Irongate)
7
Parks/Public
Recreation
SUBJECT AREA
Stage 1 Site Plan – Wallis Ranch
8
SUBJECT AREAS
Stage 1 Site Plan – Jordan Ranch II
Stage 2 Site Plan Jordan Ranch II – Parcel H
9
Stage 2 Site Plan Jordan Ranch II – Neighborhood 7
3. Site area, proposed densities.
Site Use Acres Units Density
DR Subarea 3 (Irongate) P/PR 10.4 0 N/A
Wallis Ranch P/PR 1.9 0 N/A
P/PR subtotal 12.30
Jordan Ranch II – Parcel H MDR 4.6 45 9.78 du per acre
Jordan Ranch II – MDR 9.2 105 11.41 units per acre
Neighborhood 7
subtotal 13.8 150
10
4. Development regulations.
Minimum (unless otherwise noted)
Standard Parcel H Neighborhood 7
(Tract 8267) (Tract 8269)
Lot Size 2,030 sf 1,856 sf
Lot Width/Frontage
Typical Street 45 ft 32 ft
Cul-de-Sac/Knuckles 25 ft 25 ft
(measure at right-of-way)
Lot Depth N/A N/A
Lot Coverage 55% 60%
Building Height (maximum) 35 ft 40 ft
Stories (maximum) 3 3
Setbacks (minimum)(1)
Front Yard
Living Area 10 ft 7 ft first floor
5 ft upper floors
Porch/Deck 10 ft 4 ft
Encroachments(2) 2 ft maximum into 2 ft maximum into
required setback required setback
Side Yard
Interior Lot 4 ft 4 ft
Corner Lot 7 ft 7 ft
Porch/Deck 4 ft (7 ft at corner) 4 ft (7 ft at corner)
Encroachments(2) 2 ft maximum into 2 ft maximum into
required setback required setback
Rear Yard
Living Area 12 ft 12 ft
to centerline of alley to centerline of alley
(Parcel Line) (Parcel Line)
Garage or Lower Floors 14 ft 14 ft
to centerline of alley to centerline of alley
(Parcel Line) (Parcel Line)
Usable Private Yard 200 sf 50 sf deck
Parking Two (2) enclosed Two (2) enclosed
covered spaces per covered spaces per
unit plus one (1) unit plus one (1)
uncovered guest uncovered guest
space per unit which space per unit which
may be curbside. may be curbside.
Notes:
(1)
Setbacks are measured from the property line except as otherwise noted.
(2)
Encroachments may include window bays, chimneys, furred columns or walls, A/C units and other architectural
projections.
5. Phasing Plan. No development is proposed on the park or school sites. For the residential
development, backbone infrastructure will be installed with the area constructed in
11
accordance with Conditions of Approval. An individual phasing plan will be prepared in
conjunction with building permit issuance.
6. Preliminary/Master Neighborhood Landscape Plans.
Master Neighborhood Landscape Plan for Jordan Ranch II Parcel H
NOT A PART OF THIS
PROPOSAL
PREVIOUSLY APPROVED
Master Neighborhood Landscape Plan for Jordan Ranch II Neighborhood 7
7. Architectural Standards – Parcel H and Neighborhood 7 only
The following architectural standards apply only to Jordan Ranch, Parcel H and
Neighborhood 7 despite any language to the contrary. References to “multi-family”
12
neighborhoods and single-family neighborhoods apply to Parcel H and Neighborhood 7
respectively.
13
14
15
Refer to Ordinance 13-10
Refer to Ordinance 13-10
16
8. Landscape Standards. Parcel H and Neighborhood 7 only
The following landscape standards apply to Jordan Ranch, Parcel H and Neighborhood 7
despite any language to the contrary. References to “multi-family” neighborhoods and
single-family neighborhoods apply to Parcel 4 and Neighborhood 7 respectively.
17
18
19
20
21
22
23
24
25
26
27
28
29
9. Affordable Housing/Inclusionary Zoning – Jordan Ranch
The proposed project will create an additional affordable housing requirement of 15
units. The developerproposed to satisfy its obligation under the Inclusionary Zoning
Regulations through the use of affordable unit credits. It willpurchasethesecredits
fromeither the City orEden Housingcreated in the Veterans Project under development
in Downtown Dublin. The purchase will eitherprovide an additional funding stream for
the Veterans Housing projector result in the City receiving additional affordable housing
funds for use in other projects.
10. Aerial Photos.
Dublin Ranch Subarea 3 (Irongate)
Wallis Ranch
30
Jordan Ranch II
11. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in
this Stage 1 and 2 Development Plan amendment, the use, development, improvement
and maintenance of the property shall be governed by the provisions of the closest
comparable Zoning District as determined by the Community Development Director and
of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C except as provided in the
Stage 1 and Stage 2 Development Plan. No development shall occur on this property
until a Site Development Review permit has been approved for the property.
12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply
with all adopted mitigation measures of the Eastern Dublin EIR, EDPO SEIR, Fallon
Village SEIR, and the Mitigated Negative Declaration adopted for the Project, as
applicable.
13. Affected Sites. The Stage 1 Development Plan applies to the following rezoning sites as
shown in section 3 of this ordinance:
10.4-acre park site in Dublin Ranch Subarea 3
1.9-acre park site in Wallis Ranch
3.7-acre school site in Jordan Ranch
4.6-acre Parcel H in Jordan Ranch
9.2-acre Neighborhood 7 in Jordan Ranch
The Stage 2 Development Plan also applies to Parcel H and Neighborhood 7 in Jordan Ranch.
31
SECTION 5. PRIOR PD ZONING SUPERSEDED
The following PD zoning ordinances are
herebysuperseded as to the Affected Sites:
a. Ordinance No. 05-14 – Dublin Ranch Subarea 3 (Irongate)
b. Ordinance No. 11-14 – Wallis Ranch
c. Ordinance No. 09-12 – Jordan Ranch
SECTION 6. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this 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.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its adoption
PASSED AND ADOPTED BY
the City Council of the City of Dublin, on this _________
day of _____________ 2015, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
32
ORDINANCE NO. XX-15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPROVING A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN THE CITY OF
DUBLIN AND BJ-ROF JORDAN RANCH LLC [MISSION VALLEY PROPERTIES]
FOR THE JORDAN RANCH PROJECT
(PLPA 2015-00045)
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 14-10. The amendment, which is attached as Exhibit A and incorporated herein by
reference, addresses, among other things, community 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 hearing, the Planning
Commission adopted Resolution 15-08 recommending that the City Council not adopt the
Mitigated Negative Declaration and recommending that the City Council not approve the
proposed General Plan/Eastern Dublin Specific Plan amendments Planned Development
rezone, Site Development Review and Vesting Tentative Maps, which Resolution is
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 15-08 recommending that the City Council not 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 October 6, 2015 at which time all
interested parties had the opportunity to be heard; and
I. A staff report dated October 6, 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. 164-15 adopting the MND, Resolution 165-15 approving the General
Plan/Eastern Dublin Specific Plan amendments, Ordinance XX-15 adopting amended Planned
Development zoning, and Resolution 166-15 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.
2
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:
3
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Mayor
ATTEST:
________________________________
City Clerk
4
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder’s use
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
BJP-ROF JORDAN RANCH LLC
FOR THE JORDAN RANCH PROJECT
RECITALS
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this
“Amendment”) is made and entered in the City of Dublin on this __ day of
___________, 2015, by and between the City of Dublin, a Municipal Corporation
(hereafter “City”) and BJP-ROF Jordan Ranch LLC, a Delaware limited liability
company (hereafter referred to as “Developer”) pursuant to the authority of §§
65864 et seq. of the California Government Code and Dublin Municipal Code,
Chapter 8.56. City and Developer are, from time-to-time, individually referred to
in this Agreement as a “Party,” and are collectively referred to as “Parties.”
A. California Government Code §§65864 et seq. (“Development
Agreement Statute”) and Chapter 8.56 of the Dublin Municipal Code (hereafter
“Chapter 8.56”) authorize the City to enter into a Development Agreement for the
development of real property with any person having a legal or equitable interest
in such property in order to establish certain development rights in such property.
B. Developer owned, and still owns portions of, certain real property
(“the Property”) consisting of approximately 187.9 acres of land and that is more
particularly described in Exhibit A attached hereto and is incorporated herein by
reference.
C. Developer proposed, and has proceeded with, the development of
the Property with a mixed use project consisting of up to 964 dwelling units, 100
units fewer than anticipated under the Eastern Dublin Specific Plan, up to 5,000
square feet of retail use, a range of public parks, public and semi-public uses,
open spaces and roadways (“the Project”).
D. In 2010, Developer applied for and the City approved various land
use approvals in connection with the development of the Project, including,
without limitation, a Stage 1 Planned Development Zoning and Development
Plan for the Fallon Village Project (Ord. No. 32-05 adopted by the City Council on
December 20, 2005); a Stage 2 Planned Development Rezoning and
Development Plan (Ord. No. 13-10 adopted by the City Council on June 22,
2010), Site Development Review (SDR) (Planning Commission Resolution No.
10-25 adopted on May 11, 2010), a Vesting Tentative Tract Map (Planning
Commission Resolution No. 10-25 adopted on May 11, 2010). The foregoing are
referred to collectively as the Original Project Approvals
E. In conjunction with the Original Project Approvals, the Parties
entered into a Development Agreement, dated June 22, 2010, and recorded as
Instrument No. 2010206466 in the Official Records of Alameda County on July
27, 2010 (“the Agreement”), that gave the Developer a vested right, for a period
of 10 years, to develop the project in accordance with the Original Project
Approvals. The Development Agreement specified that subsequent approvals
would only be vested if the City and Developer entered into an amendment to the
Development Agreement.
F. Developer has transferred various portions of the Property to other
property developers that developed or are developing portions of the Project, and
in conjunction with those property sales it has assigned the Development
Agreement, as to the properties were transferred, to the purchasers. Developer
still owns certain real property (“the Remainder Property”) consisting of
approximately 14.6 acres of land that it intends to further develop and that is
more particularly described in Exhibit B.
G. The Original Project Approvals identified the site of a proposed
Dublin Unified School District elementary school on a portion of the Remainder
Property. In 2012, the General Plan and the Eastern Dublin Specific Plan were
amended to create a Medium Density Residential “underlay” to allow the
development of residential units on the School Site. The City approved various
land use approvals, including, without limitation, a General Plan amendment and
Eastern Dublin Specific Plan Amendment (Resolution No. 92-12 adopted by the
City Council on June 5, 2012) that increased the total number of residential units
authorized in the Project from 780 to 864, plus the potential for up to 100 units on
the school site, for a total of 964 units (“the 2012 Approvals”). .
H. The City and the Dublin Unified School District have engaged in
discussions that have resulted in a tentative agreement that would result in the
placement of the proposed school at a different location thereby allowing the
Developer to develop the elementary site pursuant to the Medium Density
Residential underlay designation. In furtherance of that tentative agreement, and
the Developer’s related development proposal, Developer has applied for, and
the City is processing, various land use approvals, including, without limitation, a
General Plan and Eastern Dublin Specific Plan Amendment (Resolution No. 15-
__ adopted by the City Council on ______, 2015); a Stage 1 and Stage 2
Planned Development Zoning and Development Plan (Ord. No. ____ adopted by
the City Council on ________); a Site Development Review approval (SDR)
(Resolution No. ___ adopted on ____, 2015); a Vesting Tentative Tract Map
(Resolution No. 10-25 adopted on _____, 2015) (“the Current Project
Approvals”). . The Current Project Approvals and the 2012 Approvals collectively
are referred to as the “Subsequent Project Approvals.”
I. The Subsequent Project Approvals also will reduce the residential
density of the Original Project Approvals and eliminate the requirement to
construct 5000 square feet of commercial on the “Parcel H” of Tract 8024. The
end result of the Subsequent Project Approvals is to reduce the approved
residential units in the Project from 964 to 899 units.
J. The City Council has found that, among other things, the
Development Agreement, as amended by this Amendment, is consistent with the
City’s General Plan and the Eastern Dublin Specific Plan, as amended by the
Subsequent Project Approvals, and has been reviewed and evaluated in
accordance with the Development Agreement Statute and Chapter 8.56.
K. City and Developer have reached agreement and desire to express
herein an amendment to the Development Agreement that will facilitate the
development of, and vest the Developer’s rights to develop the Remainder
Property consistent with the Subsequent Project Approvals, subject to conditions
set forth herein, and in exchange for certain community benefits provided herein,
including the Developer’s facilitation of the City/School District lease.
L. The development of the Property and the Project has been
evaluated in three environmental impact reports certified by the City: (1) Eastern
Dublin General Plan Amendment and Specific Plan Environmental Impact
Report, State Clearinghouse No. 91103064; (2) East Dublin Properties Stage 1
Development Plan and Annexation Supplemental EIR (State Clearinghouse No.
2001052114); and (3) Fallon Village Project Supplemental Environmental Impact
Report (State Clearinghouse Number 2005062010) (collectively, “Prior EIRs”).
On June 2, 2010, the City Council approved an addendum to the Prior EIRs
through Resolution 80-10. On June 5, 2012, the City Council approved a second
addendum to the Prior EIRs through Resolution 91-12. The Prior EIRs, and the
addenda, specifically addressed the General Plan, Specific Plan and Planned
Development Zoning for the Project. The addenda addressed the 2012
Approvals. In conjunction with the review of the Current Project Approvals, the
City prepared an Initial Study dated August 2015 to determine whether these
approvals will result in any new or substantially more severe significant
environmental impacts than those analyzed in the Prior EIRs and addenda or
whether any other standard requiring further environmental review under CEQA
are met (Public Resources Code section 21166 and CEQA Guidelines sections
15162 and 15163). The Initial Study determined that the Current Project
Approvals did not trigger any of the CEQA standards requiring further
environmental review, except as to traffic/transportation. The City prepared and
circulated a draft Mitigated Negative Declaration, dated August 4, 2015. The City
Council considered and approved the Mitigated Negative Declaration and a
related Mitigation Monitoring and Reporting Program (Reso. No. ___ adopted by
the City Council on ______, 2015) prior to approving the Current Project
Approvals.
M. On ___________, 2015, the City Council of the City of Dublin
adopted Ordinance No. ___ approving this Amendment (“the Approving
Ordinance”). The Approving Ordinance will take effect on ____________ (“the
Amendment Approval Date”).
N. As this Amendment pertains only to the Remainder Property, the
City and Developer are the only parties required to effect the amendment.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows:
AGREEMENT
Section 1. Vested Rights. The Subsequent Project Approvals (as
defined in Recital H above) shall, notwithstanding anything to the contrary in the
Development Agreement, become part of the law Developer is vested into under
the Development Agreement.
Section 2. Term. Notwithstanding anything to the contrary in the
Agreement, the term of the Development Agreement, solely as to the Remainder
Property, shall be extended until 5 years after the Amendment Approval Date.
Section 3. Improvement of Jordan Ranch Neighborhood Park.
Developer shall, as a community benefit in exchange for the vested rights
conferred by this amendment, improve Jordan Ranch Neighborhood Park in
accordance with City requirements, consistent with the Parks and Facilities
Master Plan adopted by the City Council on May 19, 2015. City and Developer
shall, by November 17, 2015, enter into, contingent on the effectiveness of this
Amendment, an otherwise standard improvement agreement that includes the
following terms:
a. Developer will commence the improvements detailed in the City-
prepared plans, dated August 27, 2015 and on file with the Parks and
Community Services Director, by March 1, 2016, provided that City has supplied
final plans by February 15, 2016, with completion no later than March 1, 2017
except as may be extended by weather delays as allowed for in the City’s
standard specifications. Developer shall maintain the improvements for three
months following substantial completion. The City and Developer presently
anticipate that the cost of the improvements would be $1,965,000.
b. Upon posting security for the completion of the improvements
under the terms of the improvement agreement, the 150 approved residential
units in the Remainder Property would be exempted from the neighborhood park
improvement component of the Public Facilities Fee. The value of the exemption
from the Public Facilities Fee, based on the fee in the to-be-adopted update to
the Public Facilities Fee, is approximately $365,000. Developer will not receive
credits for the additional costs of the improvements that exceed the value of the
exemption.
Section 4. Compliance with Inclusionary Zoning Requirements.
Subparagraph 5.3.7.a of Development Agreement (set out in Exhibit B to the
Development Agreement) specified the Developer’s alternative method of
complying with the Inclusionary Zoning Regulations for the Project proposed in
the Original Project Approvals. The residential units proposed in excess of the
780 contemplated in the Original Project Approvals are not covered by that
provision, and the Developer must demonstrate compliance with the Inclusionary
Zoning Regulations for the 119 residential units proposed in the Subsequent
Project Approvals in excess of the 780 units covered by the “alternative method
of compliance.” Notwithstanding Subparagraph 5.3.7.a (set out in Exhibit B to the
Development Agreement) and anything to the contrary in the Inclusionary Zoning
Regulations, Developer shall satisfy its affordable housing obligation for the 119
residential units proposed in excess of the 780 units covered by the Development
Agreement through the application of 15 affordable unit credits purchased from
either the City or Dublin Family, L.P., an affiliate of Eden Housing, Inc. (“Eden”)
created as a result of Eden’s construction of an affordable housing development
in Dublin (“Eden Project”). Under the Regulatory Agreement for the Eden
Project, the City has the right to such credits unless the proceeds of the sale of
such credits are necessary for Eden to cover any gap between the permanent
financing and the costs of the development and construction costs of the Eden
Project. Eden and the City have agreed to sell such credits to Developer for
$1,500,000. Developer shall purchase such credits no later than 120 days
following the Amendment Approval Date. The City will use the deposited funds to
purchase the credits from either the City or Eden on Developer’s behalf in
accordance with the terms of the Regulatory Agreement. Nothing in this
Amendment amends the terms of the Regulatory Agreement with respect to
Eden’s rights to the affordable housing credits or funds from the proceeds of the
sale of such credits. Upon such deposit, Developer’s obligation under this
paragraph and the Inclusionary Zoning Regulations will be satisfied in full for the
119 residential units proposed in the Subsequent Project Approvals in excess of
the 780 residential units covered by the “alternative methods of compliance” in
the Development Agreement.
Section 5. Limits on Occupancy. The City anticipates executing a lease
of the school/park site to the Dublin Unified School District for the development of
the Jordan Ranch K-8 school and related park facilities in the Spring of 2016,
when the School District has provided the City evidence of its ability to develop
the school. The City shall not provide final inspections (which would otherwise
authorize occupancy) for residential structures developed on the Remainder
Property, other than models, before the City has executed the lease with the
District. Notwithstanding the foregoing, the City may provide such final
inspections for up to 50 residential structures after March 1, 2017, up to 72
residential structures after June 1, 2017, up to 120 residential structures after
January 1, 2018, and the remainder of the residential structures developed on
the Remainder Property (150) after June 1, 2018.
Section 6. All other provisions of the Development Agreement shall
remain in full force and effect.
Section 7. Recordation. The City shall record a copy of this Amendment
against the Remainder Property within ten (10) days following execution by all
parties.
[Execution Page Follows]
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed as of the date and year first above written.
CITY OF DUBLIN DEVELOPER
BJP-ROF JORDAN RANCH LLC,
a Delaware limited liability company
By: __________________________
Chris Foss, City Manager By: Fallon-Jordan, LLC,
a California limited liability company,
Attest: its manager
By: MVP Development California,
________________________ LLC
Caroline Soto, City Clerk a California limited liability
company,
Approved as to form its managing member
________________________
________________________ By: Robert Radanovich,
John Bakker, City Attorney member
114.273 2454193.11
(NOTARIZATION ATTACHED)
Exhibit A
Legal Description of Property
Real property in the County of Alameda, State of California, described as follows:
[To be added]
Exhibit A 2