HomeMy WebLinkAboutItem 6.3 Dublin Ranch West
CITY CLERK
File # D[7Q]~[lJ]-~
AGENDA STATEMENT )( (Q OO-::JD
CITY COUNCIL MEETING DATE: March 15,2005 X ~W... ?>Ð
PUBLIC HEARING: PA 02-028 Dublin Raneh West submitted by
James Tong on behalf of Chang Su-O (aka Jennifer) Lin, et. al. to consider
Planned Development (PD) Prezone; Annexation Application; Amendment
to the General Plan; Amendment to the Eastern Dublin Specific Plan;
Planned Development (PD) Prewne/Stagc I Development Plan;
Environmental Impact Report (EIR)/Mitigation Monitoring & Reporting
Program; and Pre-Annexation Agreement. rvi/
Report Prepared by: Mike Porto, Consulting Planner vy
SUBJECT:
A TT ACHMENTS:
1.
Resolution certifying the Dublin Ranch West Supplemental
Environmental Impact Report, adopting CEQA findings, a statement
of overriding considerations, and a Mitigation Monitoring &
Reporting Program.
Resolution approving Amendments to the General Plan and to the
Eastern Dublin Specific Plan for the Lin Family property (with text
changes, map and table changes)
Draft Ordinance approving Planned Development (PD) Prezoning
with Stage 1 Development Plan for Dublin Ranch West.
Resolution approving a Pre-Annexation agreement with the Property
Owner (proposed Pre-Annexation Agreement as Exhibit A).
Resolution directing Staff to file an application with Alameda
County Local Agency Formation Commission (LAFCo) for
annexation to the City and to the Dublin San Ramon Services
District (DSRSD) (proposed application as Exhibit A).
Project Area Map.
Dublin Ranch West Stage 1 Development Plan Submission.
Draft Supplemental' Environmental Impact Report (DSEIR:) sent
separately.
Final Supplemental Environmental Impact Report (FSEIR) sent
separately.
Excerpts of Planning Commission Mccting Minutes dated February
22,2005.
Revised wording for Final EIR per Planning Commission
recommendation.
February 17, 2005 Letter from the Department of Fish and Game
included per Planning Commission recommendation.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
BACKGROUND ATTACHMENTS (by Reference):
13. Dublin General Plan.
COPIES TO: Applicant(s)
Property Owners
PAme 6...,
ITEM NO. ...
G:II' A#\2(KJ2\02-02~ Dubhn Ranch West ICily COllilCil ICCSR 3-15-1J5 I, I ~ Ib
c/
RECOMMENDATION:
1.
2.
3.
4.
5.
6.
~
FINANCIAL STATEMENT:
PROJECT DESCRIPTION:
14. Eastern Dublin Specific Plan.
15. EIR for Eastern Dublin Specific Plan and General Plan Amendmcnt
(including Addendum date May 4, 1993) SCH# 91103064; and
Addendum dated August 22, 1994.
16. City Council Resolution Certifying Eastern Dublin Specific Plan
and General Plan Amendment Program EIR (Resolution #51-93).
17. City Council Resolution adopting Eastern Dublin Specifk Plan and
General Plan Amendment; adopting findings and approving
overriding considerations; and adopting Mitigation Monitoring
Program ("Matrix") for EDSP EIR (Resolution #53-93).
18. Mitigation Monitoring Program ("Matrix") for EDSP EIR.
7.
Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Adopt Resolution (Attachment 1) certifYing the Supplemental
Environmental Impact Report and adopting CEQA findings, a
statement of overriding considerations, and a Mitigation Monitoring
& Reporting Program.
Adopt Resolution (Attachment 2) approving Amendments to the
General Plan and to the Eastern Dublin Specific Plan for the Lin
Family property.
Waive the reading and INTRODUCE Ordinance approving a
Planned Development (PD) Prezone with Stage 1 Development Plan
for Dublin Ranch West (Attachment 3).
Adopt Resolution approving a Pre-Annexation Agreement
(Attachment 4).
Adopt Resolution directing Staff to file an application with Alameda
County Local Agency Formation Commission (LAFCo) for
annexation to the City and to the Dublin San Ramon Services
District (DSRSD) (Attachment 5).
8.
9.
10.
No financial impact.
The projcct area, which is the subject of this annexation, contains approximately 189 acres of land. (See
Attachment 6, Project Area Map.) It includes property hcld by three separate owners as shown in Table 1
below with 184 acres (or 97% of the land) under one ownership. The project area is located within the
unincorporated area of Alameda County within the City's Sphere of Influence (SOl) near the
northeasterly City limits. The project area generally consists of grasslands from high hi1ls in the north
and west sloping to the south and south-east. Tassajara Creek runs north to south through the area to its
southerly point. The area currently is used for farming/grazing, firewood sales and storage, several rural
homesteads, agricultural outbuildings, and one structure of potentially historic significance - a
schoolhouse. The Tassajara Creek corridor is vegetated with native oaks and riparian plant materials.
The project area is bounded; a) to the north by the Alameda County border with the adjoining lands in
Contra Costa County (unincorporated area) being used for agriculture; b) to the wcst by the Parks Reserve
Training Facility (PRTF) owned by the United States government within the City limits; and c) to the
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south by a currently developing area within the incorporated City limits, a staging area for the East Bay
Regional Park District (EBRPD), and a portion of the Tassajara Creek corridor designated for a regional
park. To the cast, the northerly portion of the project area is separated from Tassajara Road by
unincorporated rural properties with other agricultural properties lying east of Tassajara Road. The
southerly (or "panhandle") portion of the project site abuts the incorporated City limits and right-of-way
for Tassajara Road. Approved development on recently annexed properties, a landscaping business, and a
private K-I2 school are located across from the project site within the City limits along the east side of
Tassajara Road.
Approximately 11.6 acres of property within Dublin Ranch West is located across thc County line to the
north in an unincorporated portion of Contra Costa County. However, this acreage is not included in the
project or its acreage totals. This acreage already is a separate legal parcel from the lands within Alameda
County.
All of the property within Alameda County is within the Eastern Dublin Specific Plan Area boundary and
has been included for planning purposes within the City of Dublin General Plan. The property currently is
zoned for agriculture by Alameda County.
The three property owners included within the area proposed for annexation and prezoning are listed in
Table 1, below. The Table shows the Asse~sor Parcel Numher (APN), name of owners, acreages,
locations, and the property owner's position on the annexation.
Table 1: Properties within the Project Area/Annexation Area
986-0004-005~01 6852 Tassajara Road 184.10ac J. Lin. et. al. (Lin Family) Yes
aka Wallis Pro e
986-0003-001 6060 Tassa'ara Road 3.28ac R. & S. S erisla e Unknown
986-0004-003 Tassa'ara Road 1.60ac Bra & Silva Trusts Unknown
Total: 188.98 ac
The proposed Project includes: 1) Certification of a SlIPplemental EIR and related CEQA findings
(which includes a Mitigation Monitoring and Reporting Program); 2) Prezoning the entire area for
annexation to the City of Dublin and approval of a PD-Planned Devclopment Zoning District with related
Stage 1 Development Plan as shown on Attachment 3, Exhibits A-I and A-2; 3) Amendment of the land
uses shown the in General Plan and the Eastern Dublin Specific Plan for the Lin Family property only; 4)
Application for Annexation of the entire project area to the City of Dublin and to the Dublin San Ramon
Services District (DSRSD); and 5) Approval of a prc-annexation agreement with the consenting property
owner.
Dublin Ranch West, formerly known as the Wallis Ranch, was acquired by the Lin Family and is the only
portion of Dublin Ranch holdings west of Tassajara Road. The Lin Family, the applicant for the
requested action and major property owner, has been phasing out agricultural uses and is actively in
progress on the development of its Dublin Ranch holdings cast of Tassajara Road. A preliminary analysis
by the applicant's engineer identified inconsistencies between the buildable area, along with schematic
development concepts, and the geography associated with the Tassajara Creek corridor. Certain land uses
currently shown in the City's General Plan and in the Eastern Dublin SpecifIc Plan are incompatible with
the topographic and physical constraints associated with Tassajara Creek and its tributary creek setback
requirements, its effect on vehicular access limitations, and the proposed right-of-way realignment of
Tassajara Road. In addition, thc Dublin Unified School District, through an official action taken in 2003,
eliminated the elementary school from its plans as it is shown on the General Plan and Eastern Dublin
Specific Plan land use maps.
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The development concept for the area strives to preserve the natural environment and create a community
that is compatible with the natural terrain. Approximatcly 107 of the 189 acres would be converted from
vacant or agricultural land to urban/suburban use. The number of units within the project area is
anticipated to range from 652 to 1,418 based on the density ranges with the mid-point at 1,053 units.
On October 5,2004, thc City Council held a study session on PA 02-028 for Dublin Ranch West. The
study session was held in response to an application by the largest property owner, James Tong on behalf
of Chang Su-O (aka Jennifer) Un et. aI., for annexation, zoning, and approval of a development plan. At
that time, City Staff identified a number of the issues, presented an analysis, and requested City Council
direction for obtaining consistency between prior planning for this area and planning changes
cumulatively resulting from approvals to date, new or changed policies for areas within the City
boundaries, and current technical studies.
The current proposal reflects the direction given by the City Council for four plan elements in this part of
the City: 1) Implementation of the Village policy, 2) Provision of required park lands, 3) Location and
characteristics of commercial uses and sites, and 4) Need, preference, and location for Public/Semi-Public
land uses.
ANALYSIS:
Annexation
The project site currcntly is within unincorporated portion of Alameda County, but also within the Sphere
ofInfluence (SOT) for the City of Dublin as established by the County Local Area Formation Commission
(LAFCo). The LAFCo is a State mandated local agency that oversees boundary changes to cities and
special districts, the formation of new agencies including incorporation of new cities, and the
consolidation of existing agencies. Although currently outside the City limits, the City has planned for
the eventual annexation of this area through the General Plan and the Eastern Dublin Specific Plan,
including most of the number of residential units anticipated and the project population which will reside
in those units. The major land owner has requested anncxation prior to proceeding with development.
Following annexation, the City would have jurisdiction and authority over plan approvals, and the project
will be serviced by the City and the analogous service distrids. Also requested is annexation to the
Dublin San Ramon Services District (DSRSD) which serves that portion of the City with water and sewer
services. The area already is within the SOT of the DSRSD. The application for annexation (or
reorganization, as referenced by LAFCo) includes a list of specific requirements with the most significant
being: 1) prezoning by the City, and 2) a mW1icipal services plan. The adopted prezoning must be
consistent with the City's General Plan.
Consent to annex to the City of Dublin has been provided by the owner of the Dublin Ranch West site
(the largest of the three property owners). Several attempts by Staff to contact the other two owncrs in the
project area regarding annexation have not been successful.
The current action is to consider recommending the adoption of a resolution anthorizing Staff to initiate
an application to LAFCo for the requested annexations of the 1 89-acre project area to the City of Dublin
and the DSRSD. The proposed annexations arc consistent with City's planning efforts and would provide
for the logical and orderly extension of urban services to the eastern portion of Dublin. The City's 1993
Annexation Agreement with the County for transferring property tax revenues will apply to this area.
Amendments to the General Plan and the Eastern Dublin Specific Plan
Devclopment of the project area as currently designated in the General Plan and Eastern Dublin Specific
Plan would require substantial modifications to the natural topography created by the Tassajara Creek
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corridor. The objectivc of this requested amendment is to preserve as much of the natural corridor as
possible. When actual topography is taken into consideration, remaining sites may be oddly configured or
too small to develop as designated. Therefore, a revised land use plan has been prepared and is now
proposed based on the preliminary planning studies by the major property owner and direction provided
by the City Council at the Study Session of October 5, 2004.
In general, the proposed land use amendments represent the following:
· More Open Space: Redesignatjon ofland uses within the Tassajara Creek corridor to Open Space
- This action would remove land uses currently designated for Medium and Medium-High
Density Residential, Neighborhood Commercial, Neighborhood Square, and Elementary School
generally shown in the Tassajara Village Area. Open Space acreage of hillside area along the
southwest boundary would decrease. However, Open Space along the Tassajara Creek corridor
would substantially increase.
· Tassaiara Village Center: Reduction and reconfiguration of Tassajara Village Center - The
existing topography due to the Tassajara creekbed does not accommodate the illustrative layout of
Tassajara Village Center as shown in Figure 7.28 of the Eastern Dublin Specific Plan. Since the
remnant piece designated for a Neighborhood Square would be too small and isolated for that use,
the Neighborhood Squarc has been omitted from the location shown.
· Neighborhood Commercial: Removal of all of the Neighborhood Commercial land use
designations from the Lin property - The area currently designated for Neighborhood Commercial
use is divided by the Tassajara Creek corridor. Unless redesignated, an isolated remnant of land
designated for this use would remain on the west side of Tassajara Creek without access to
Tassajara Road. In addition the anticipated realignment of Tassajara Road and intersection with
Fallon Road would substantially affect the commercial development potential along the west sidc.
Based on these issues a new configuration for Tassajara Village may be more appropriate or
climination of this designation entirely from the Specific Plan might be more in linc with the land
fonns and circulation improvements necessary.
· Elementary School Site: Elimination of the Elementary School site - In 2003, the Dublin Unified
School District determined that an clementary school would not be necessary at the location
shown on the exiting land use plan and that adequate school sites can be provided elsewhere to
serve the Eastern Dublin area. This change allowed for an alternate use of the area designated as
an elementary school site. It also allowed for rethinking the location of the Neighborhood Park
sites which were designed to link with the school. In addition to expanding the Open Space
corridor, the elementary school site generally is proposed to be redesignated for Medium-High
Density Residential (14.1 to 25 units per gross acre). All new development would remain subject
to statutory school mitigation fees.
· Neighborhood Park Sites: Relocation and redesignation of Neighborhood Park space - The
existing plan shows two small Neighborhood Parks. Existing topography limits the development
potential of the area designated for Medium-Density Residential area shown between the Tassajara
ereekbed corridor and the anticipated realignment of Tassajara Road in the southern panhandle of
the project area. One neighborhood park is proposed to be relocated to that Medium-Density
Residential site. The other Neighborhood Park site would be shifted southward from a central
location to an area currently designated for Low-Density Residential. This area, which lies
between the westerly side of Tassajara Creek and the southwesterly project area boundary,
functionally is too small for development as a stand-alone, low-density neighborhood. It is more
suitable for park land and can be better integrated with the proposed open space trail system
associated with the Tassajara Creek corridor.
As discussed at the October 5, 2004 Study Session, the project would be required to provide 10.5
acres of park land of which 1.8 acres have been provided in other areas of Dublin Ranch. The
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balance required would be approximately 8.7 acres. Under the proposed plan, the l1verall acreage
for the two Neighborhood parks and Neighborhood squarc combined would be reduced from 14.6
acres to 8.8 acres which meet the minimum standard. Additionally, the overall open space total
will have increased by 9.8 acres, and the designation of 1.9 (gross) acres for Public/Semi-Public
use would provide flexibility for increasing recreational or special use areas, as needed.
. Public/Semi-Public: Designation of area near the Tassajara Creek corridor along the southerly
boundary of the project area for Public/Semi-Public use - The 1.9 (gross) acres are proposed for
redesignation from Medium Density Residential to PublidSemj-PubJic Use as described above
and at the City Council Study Session of October 2004.
. Bragg and Sperfslage Properties: No change in land use designations are requested or proposed
for the 5± acres within the 189"acre project annexation area, but outside the boundaries of the
184± acre Lin Family property.
The redesignation and reconfiguration ofland uses will create a development pattern that is more appropriate
and functional for the designated uses with regard to the physical constraints and topography. The proposed
open space configuration would enhance the natural enviromnent by preserving hillsides, creek corridors and
wildlife habitat. The additional open space along the creek corridor system also will enhance Tass3;iara Road
as a scenic corridor. Park land requirements would remain within the minimum standard. Proposed land use
designations for both the General Plan and the Eastern Dublin Specific Plan are shown as follows:
Table 2: Existing and Proposed Land Uses (in gross acres)
Exlstln Pro osed
20.0 sc 18.8 ac
64.1 ac 55.6 sc
4.8 ac 21.1 sc
11.8 ac 8.8 sc
2.8 sc 0 sc
70.1 so 82.1 ac
9.7 ac 0 sc
0.8 sc 0.6 ac
0 sc sc 1.9 ac
184.1 ac sc 188.9 ae
In addition, the proposed amendments would also result in changes to the following sections in each
docwnent:
For both the General Plan and the Eastern Dublin Specific Plan:
City Boundaries - All figures and exhibits showing City boundaries would need to be amended. [The
City's boundaries will only be changed after LAFCO approval.]
Land Use Plan - The Land Use Plan in both documents would need to be amended.
(Figure 1-1 a of the General Plan and Figure 4.1 of the Eastern Dublin Specific Plan)
Land Use Summary - The Land Use Summary for the Eastern Dublin Area would need to be revised in
both Plans to reflect the change in acreage figures for the land uses affected by this amendment. Changes
to the land use also would require revisions to the number of units for the respective residential land use
categories and to the total number of units for all residential categories combined. Minor changes also
would need to be made to p~ieeted non-residential building area based on a reduction in Neighborhood
Commercial acreage and the addition ofPublic/Serni-Public use.
(Table 2.1 in the General Plan and Table 4.1 in the Eastern Dublin Specific Plan).
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Residential Street Sections - References and a diagram for Alternative Residential Street Sections and
cul-de-sacs would need to be added. For the General Plan, amend Chapter 5.1.1, "6. Residential Streets"
and "7. Cul-de-Sacs." For the Eastern Dublin Specific Plan, change language under Program 5A
describing acceptable right-of~way widths and other dimensions regarding cul-de-sacs and in Chapter
7.5.2 Circulation System!Residential Streets. Add Figure 7.49A showing a Residential Street Alternativc
with a 46- foot right-of-way. These changes represent currently implemented street plans and
improvements.
For the Eastern. Dublin Specific Plan (in addition to the modifications mentioned above):
Figure 2.4: Ownership Patterns - Amend to reflect the current ownership pattern.
Figure 4.2: Planning Subareas - Reconfigure Planning Area F Tassajara Vil1agc Center (corresponding
with Table 4.10) and Planning Area G Foothill Residential (corresponding with Table 4.8) to reflect the
amended Land Use Plan.
Appendix 3 - Amend to reflect the proposed land use changes for these Planning Subareas.
Appendix 4 - Amend to show revised acreage totals by land use for the existing owners.
Chapter 6 regarding Resource Management - Revise language for consistency regarding 6.2 Open Space,
6.3.2 Biological Resources from information provided with thc EIR, and 6.3.4 Visual Resources. Revise
Figures 6.1 through 6.3 to reflect current environmental information and changes to the parks and open
space plans.
Figure 7.28: Tassajara Vil1age Concept Plan - Revise il1ustration to reflect the amended Land Use Plan
and existing topography.
Planned Develooment Prezoninf!/Star!e 1 Development Plan
The proposed Stage I Development Plan wil1 serve as the prezoning prerequisite for annexation. The
proposed land uses are consistent with the General Plan and Eastern Dublin Specific Plan as amended by
this proposal. The area would be pre-zoned PD-Planned Development District which specifies the intent,
intensity of use, permitted uses, and conditional uses for each of the land use designations identified in the
General Plan and Specific Plan shown on the Pre7Á>ning Exhihit and Dcvclopment Plan.
The Stage 1 Development Plans include: the development concept, permitted uses, conditional uses,
general development standards, project access & circulation plan, phasing plan, conceptual landscape
plan, and master infrastructure plan. The entire 189-acrc arca will be subject to prezoning and the Stage 1
Planned Devclopment. Only the Lin Family wil1 be a party to the Pre-Annexation Agreement.
Upon annexation, the PD District and related Stage 1 PD would become City zoning for the site. No
development would be approvcd prior to approval of a Stage 2 Development Plan adopted by the City
identifying regulations for the improvement and maintenance of the property in accordance with Dublin's
Zoning Ordinance. Stage 2 Plans would not be approved until after annexation.
ENVIRONMENTAL REVIEW:
Environmental impacts for the "Eastern Dublin General Plan Amendment for the Eastern Extended
Planning Area" and the "Eastern Dublin Specific Plan" were analyzed in an Environmental Impact Report
(ElR) prepared and reviewed in accordance with CEQA. The EIR was certified by the City of Dublin in
1993 including revisions to Part I of the Responses to Comments relating to the Kit Fox, and Addendum
to the DEIR dated May 4, 1993 and a DKS Associates Traffic Study dated December 15, 1992
(SCH#9ll 03064) ("Eastern Dublin EIRn). Since then, a number ofEIRs, EIR addenda, Supplemental
EIRs, and Mitigated Negative Declarations have been prepared, reviewed, and adopted or certified (as
appropriate) for subsequcnt and specific projects within the greater project area. The City also adopted a
mitigation-monitoring program, which included numerous measures intended to reducc impacts from the
development of the Eastern Dublin area. The timing ofthcsc mitigation measures is indicated in the
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City's EIR mitigation monitoring matrix (City Council Resolution # 53-93). The EIR also identified
some impacts from implementation of the General Plan/Specific Plan that could not be mitigated. Upon
certification of the EJR, the City adopted a statement of overriding considerations for such impacts.
For the proposed Dublin Ranch West project area, a Supplementa1 EJR has bccn prepared in accordance
with CEQA laws (statutes) and regulations (guidelines). The project assessed in this Supplemental EIR
includes the annexation, amendments to the General Plan and the Eastern Dublin Specific Plan (including
revised land uses), prezoning to Planned Development (PD) and the Stage 1 Development Plan to allow
the eventual subdivision and development in accordance with the approved plans. The proposed project
includes gcnerally the same land uses and densities as approved in thc 1993 Eastern Dublin General Plan
Amendment and Specific Plan analyzed in the prior EIRs. Fol1owing the City Council workshop on
October 5, 2004, the applicant modified the proposal to reflect Council direction on relocating the
neighborhood parks and other issues (see earlier description in this staff report). These modifications are
included in Alternative 3 of the Draft Supplemental ElR.
In accordance with CEQA procedures, thc City prepared an Initial Study. The Initial Study concluded
that additional environmental review was required under CEQA Guidelines Sections 15162 and 15163. A
Notice of Preparation was circulated for the required 30 day period, and the Draft Supplemental EIR
(DSEIR) was circulated for review fÌ"om November 19, 2004 to January 3, 2005. The Final Supplemental
EIR presented for certification addresses the comments submitted on the DSEIR. Issues of significance
related to this project include; traffic and circulation, air quality, community facilities (parks and schools)
and habitat preservation for wildlife and endangered species. Specific endangered flora and fauna were
identified in the supplemental EIR included Congdon's tarplant, the California red-legged frog (CRLF),
and the California Tiger Salamander. In any case, implementation of development within Tassajara Creek
may require a streambed alteration agreement, with conditions, from California Department of Fish &
Game and the U. S. Army Corps of Engineers. An NPDES permit, with conditions, also will be required
from the Regional Water Quality Control Board.
The current project is the original project as modified to include Council direction following the October
5, 2004 workshop. The current proposal was analyzed through Alternative 3 in the Supplemental EIR.
Like the original proposal, Alternative 3 is a residential project, with mixed densities and approximately
the same number of units. The modified residential areas and neighborhood parkland, and designation of
1.9 gross acres for Public/SemiPublic are analyzed at pp. 141-143 of the Draft Supplemcntal E1R. No
additional or revised mitigation measures from those identified in the Supplemental EIR for the original
project are requircd for Alternative 3, the current project. No further CEQA review is required for
approval of the current project.
The Supplemental EIR thoroughly and comprehensively assessed the potential for the project to cause or
contribute to significant impacts beyond those identified in the 1993 EIR. Where new potentially
significant impacts were identified, appropriate mitigation measures have been proposed to reduce or
avoid the impacts. The mitigation measures are recommended for adoption as part of a Mitigation
Monitoring and Reporting Program. However, even with mitigation, the City Council will be required to
adopt a new Statement of Overriding Considerations for significant unavoidable impacts identified by the
Eastern Dublin EIR as applicable to the proposed project.
PRE-ANNEXATION AGREEMENT:
The goals and policies of the Eastern Dublin Specific Plan require annexation and new development to be
revenue neutral. The proposed Pre-Annexation Agreement would be similar to a Development
Agreement in incorporated areas with similar terms and conditions for City expenses, infrastructure costs
and obligations, fees, financing, and affordable housing requirements in exchange for vested development
rights. The Pre-Annexation Agreement between the City and the consenting property owner within the
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annexation arca is required by the City prior to its agreement to request LAFCo's approval for annexation.
The proposed Pre-Annexation Agreement identifies all three property owners as parties to the Agreement.
However, any properties less than 75 acres may be annexed without consent or opportunity for protest by
the property owner. As required hy the Specific Plan, the City and each property owner shall enter into a
Development Agreement prior to final development approval to assure its implementation.
INCLUSIONARY ZONING/AFFORDABLE HOUSING:
Development on the Lin Family property in Dublin Ranch West is subject to the City's Inclusionary
Zoning Ordinance and affordable housing requirements. The developer of Dublin Ranch West will be
able to satisfY these requirements under thc Fairway Ranch Development Agreement if sufficient credits
under that agreement are available. No agreements currently are in place which would satisfY
Inclusionary Zoning requirements for eventual development of the Sperfslage and Bragg propertics.
Those properties would be required to comply with the Inclusionary Zoning Ordinance if and when each
develops.
PLANNING COMMISSION ACTION:
On February 22, 2005, the Pla¡ming Commission reviewed the application request and unanimously
recommends that the Council consider certifYing the Environmental Impact Report, amending the general
Plan and the Eastern Dublin Spccific Plan, prezoning the property with a Stage 1 Planned development
Plan and to recommend Staff file an application to LAFCo for annexation. The Planning Commission
discussed two issues that they wanted to make the City Council aware of.
Department of Fish a¡ld Gam.e Letter: A letter was received from the Department of Fish and Game
(which was also copied to the U.S. Department of Fish and Wildlife Service) included herein as
Attachment No. 12, after the fmal deadline accordiug to CEQA for comments to the Environmental
Impact Report. The letter was very complementary and indicates support for the mitigation measures. The
Planning Commission felt that the Council should see this letter.
Additional language for the Environmental Impact Report regarding comments from East Bay regional
Parks District: The Planning Commission felt that additional clarification was necessary to detail the
measures taken to accommodate the EBRPD trail system as it relates to this project. Revised wording,
included herein as Attachment No. 11 provides additional embellishments regarding the events that have
transpired with EBRPD and how their plan has several opportunities for implementation. If the City
Council certifies the Final EIR, this proposed language will become a part of that document
PUBLIC NOTIFICATION:
In accordance with State law, a public notice was mailed to all property owners and occupants within 300
feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice
was also published in the Valley Times and posted at several locations throughout the City.
CONCLUSION:
The proposed General Plan. and Eastern Dublin Specific Plan land use amendments provide a more
practical and efficient land use pattern with the intent of preserving the topography of the Tassajara Creek
corridor, maintaining scenic corridor qualities, and enhancing the natural environment. The proposed
land use amendments are in the public interest protecting sensitive wildlife species in Tassajara Creek,
and the General Plan as amended will remain internally consistent. The Stage 1 Planned Development
zoning is consistent with the General Plan and the Eastern Dublin Specific Plan, as amended. It also
serves as prezoning required for the annexation application to LAFCo. The Supplemental EIR has
undergone a review process established by CEQA and addresses the environmental impacts associated
with the proposed project through mitigation measures and statements of overriding considerations. The
requested annexation area is within the City's Sphere of Influence (SOl) and represents a logical step
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towards incorporation of the SOl area. The proposed pre-annexation agreement ensures that the City's
costs associated with the annexation of the project area and subsequent development will be revenue-
neutral and not a burden or expense to the City's sources of funds.
RECOMMENDATION:
Statfrecommends thc City Council open the Public Hearing, deliberate, and take the following actions:
1. Adopt Resolution certifying the Supplemental Environmental Impact Report (EIR), adopting CEQA
findings, a statement of overriding considerations and a Mitigation Monitoring and Reporting
Program (Attachment 1).
2. Adopt Resolution approving Amendments to the General Plan and to the Eastern Dublin Specific Plan
for the Lin Family property (Attachment 2).
3. Waive the reading and INTRODUCE the Ordinance approving a Planned Development (PD) Prezonc
with Stage 1 Development Plan for Dublin Ranch West (Attachment 3).
4. Adopt a Resolution approving a Pre-Annexation Agreement with Chang Su~O Lin, et. al.(Attachment
4).
5. Adopt a Resolution dirccting Staff to file an application with Alameda County Local Agency
FOTIuation Commission (LAFCo) for annexation to the City of Dublin and to the Dublin San Ramon
Services District (DSRSD) (Attachment 5).
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