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HomeMy WebLinkAboutOrd 10-15 Jordan Ranch Mission Valley Amend DA ORDINANCE NO. 10-15 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 conpistent 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 1410. 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 Page 1 of 3 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/Eastem Dublin Specific Plan amendments, Ordinance 9-15 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. 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. Page 2 of 3 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 aty Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places In the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 20th day of October, 2015, by the following vote: AYES: Councilmembers Biddle, Hart, Wehrenberg, and Mayor Haubert NOES: Councilmember Gupta ABSENT: None ABSTAIN: None / J I / Mayor ‘6 P2-- ATT T: City Clerk Ord No. 10-15,Adopted 10-20-15, Item 4.10 Page 3 of 3 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 Recorders use FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BJP-ROF JORDAN RANCH LLC FOR THE JORDAN RANCH PROJECT -.. 1 Algt" 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. I 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 I 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 roject from 780 to 864, plus the potential for up to 100 units on the school site, fora P 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 i (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 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] 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. I 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 I 4 i By Robert Radanovich, 1 John Bakker, City Attorney member I i i 1 114.2732454193.11 1 (NOTARIZATION ATTACHED) I 1 I A 1 A 1 I 1 1 A 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