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HomeMy WebLinkAboutItem 4.10 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 Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4 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 Page 1 of 11 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 Page 2 of 11 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. Page 3 of 11 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). Page 4 of 11 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. Page 6 of 11 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 Page 7 of 11 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