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HomeMy WebLinkAbout4.6 - East Ranch (PLPA-2020-00028)STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.6 DATE:December 21, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:East Ranch (PLPA-2020-00028)Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY:On December 7, 2021, the City Council held a Public Hearing to consider the East Ranch project, a 573-unit residential project consisting of six neighborhoods, two neighborhood parks totaling 11.5 acres, and a two-acre Public/Semi-Public site reserved for affordable housing located on Croak Road east of Fallon Road. Requested approvals include a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit. The City Council waived the first reading and introduced the Planned Development Zoning Ordinance and adopted a resolution approving the Vesting Tentative Map and Heritage Tree Permit. The City Council will hold a second reading of an Ordinance amending the zoning map and approving a Planned Development Zoning District with related Stage 2 Development Plan for the East Ranch project. STAFF RECOMMENDATION:Waive the reading and adopt the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project. FINANCIAL IMPACT:The costs associated with processing this request are borne by the Applicant. As part of the implementation of the project, a Community Facilities District (CFD) is proposed for the purpose of financing the maintenance, acquisition, and/or construction of public improvements on the property, including the two neighborhood parks. Condition of Approval No. 125 of the Vesting Tentative Tract Map lays out the formation of the CFD and states that if a CFD for maintenance is not formed, the City and Applicant will work together to establish a maintenance mechanism for neighborhood streets on the property (excluding the two public streets Croak Road and Central Parkway) for 20 years after City acceptance. 366 Page 2 of 3 In addition, the Applicant’s inclusionary housing proposal includes the payment of in-lieu fees for 25 units (to satisfy 35% of the affordable requirement). Based on the current in-lieu fee of $217,696/unit (the in-lieu fee is calculated at the timing of building permit issuance and adjusted annually on July 1 for CPI), this payment would currently be $5,442,400. DESCRIPTION:The 165.5-acre East Ranch project site (formerly referred to as the Croak Property) is an undeveloped parcel located within the Fallon Village area of the Eastern Dublin Specific Plan (EDSP). The site is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern city limit as shown in Figure 1 below. The undeveloped site generally increases in elevation from south to north with large background hills in the northeast portion of the property. Figure 1. Vicinity Map The Applicant is proposing to develop the East Ranch project with a 573-unit residential project consisting of six neighborhoods, two neighborhood parks totaling 11.5 acres, and a two-acre Public/Semi-Public site reserved for affordable housing located on Croak Road east of Fallon Road.On December 7, 2021, the City Council waived the first reading and introduced an Ordinance amending the zoning map and approving a Planned Development Zoning District with a Stage 2 Development Plan and CEQA Findings for the East Ranch project. A copy of the staff report for the 367 Page 3 of 3 December 7, 2021 meeting is included as Attachment 2. The City Council also adopted a resolution approving the Vesting Tentative Track Map and Heritage Tree Permit for the project. Currently, the City Council is being asked to waive the second reading and adopt the Ordinance provided as Attachment 1. ENVIRONMENTAL REVIEW:Government Code Section 65457 and California Environmental Quality Act (CEQA) Guidelines Section 15182(c) exempts certain residential projects that are consistent with a specific plan for which an environmental impact report (EIR) has been certified from further environmental review. Prior CEQA analysis for the project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three documents are referred to as the “EDSP EIRs.”Pursuant to the requirements of the CEQA, the City has determined that the proposed project qualifies for an exemption under Government Code Section 65457 and CEQA Guidelines Section 15182(c). The proposed project is consistent with the EDSP EIRs and the General Plan and EDSP land use designations for the project site. There is no part of the proposed project that triggers the need to prepare a subsequent EIR or negative declaration pursuant to CEQA Guidelines Section 15162 or Public Resources Code section 21166. Therefore, the project qualifies for a specific plan exemption and does not require subsequent environmental review or the preparation of an additional CEQA document. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with Related Stage 2 Development Plan and CEQA Findings for the East Ranch Project2) City Council December 7, 2021 Staff Report, without attachments 368 Attachment 1 ORDINANCE NO. xx – 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 2 DEVELOPMENT PLAN AND CEQA FINDINGS FOR THE EAST RANCH PROJECT PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The East Ranch Project site is located in the Fallon Village Project area. Through Ordinance No. 32-05, the City Council adopted a Stage 1 Planned Development Rezone Amendment for the Fallon Village Project area which, among other approvals, established the maximum number of residential units at 3,108 units. B. The Applicant, Trumark Homes, is requesting a Planned Development Zoning Stage 2 Development Plan. The proposed Project includes up to 573 residential units, two public parks with one 5.5-acre park at the northwest corner and one 6.0-acre park south of the project’s main entry, a 2.0-acre Public/Semi-Public site and 6.6 acres of open space. Requested land use approvals include Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Tract Map No. 8563, and a Heritage Tree Removal Permit among other related actions. These planning and implementing actions are collectively known as the “East Ranch Project” or the “Project.” C. The 165.5-acre Project site (APN 905 -0002-002-00 and 905 -0002-001-01) is located in eastern Dublin, directly east of the Jordan Ranch development and south of Positano development, straddling the existing Croak Road. D. To comply with the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures, the City prepared a CEQA Analysis in Support of a Specific Plan Exemption (“CEQA Analysis”). E. Following a public hearing on November 9, 2021, the Planning Commission adopted Resolution No. 21-08, recommending approval of the East Ranch Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours. F.A Staff Report dated December 7, 2021, and incorporated herein by reference with all attachments, described and analyzed the Project, including the Planned Development Zoning Stage 2 Development Plan, for the City Council. G. The City Council considered the CEQA Analysis, including the EDSP EIRs, prior related CEQA Documents, all above referenced reports, recommendations, and testimony prior to taking action on the Project. 369 2 SECTION 2: FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The East Ranch Project (“the Project”) Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is consistent with the General Plan and Eastern Dublin Specific Plan and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. The Project is planned comprehensively and will follow development standards tailored to the specific needs of the site. These standards will address issues such as building setbacks, architecture, landscaping and grading. The proposed community will blend with the natural features unique to the site through the use of design and planning. The Applicant proposes residential, park, open space, rural residential, and public/semi- public uses which are consistent with the land use designations in the Dublin General Plan and the provisions and regulations for development set forth therein. The Project proposes six residential neighborhood that are consistent with the use and density of the surrounding areas, the General Plan and Eastern Dublin Specific Plan. The Applicant will participate in the development of the necessary utility and circulation infrastructure for this development in conformance with the Eastern Dublin Specific Plan. The Project will be designed to address the uniqueness of the Specific Plan area, taking into account the proximity of the surrounding topography. The clustering of residential units will allow for continuity of open space area and more effective utilization of the property. 2. Development of the Project under the Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide a mix of housing types and public amenities for the development. The Project site is in an area that has similar uses nearby and will tie into the existing street network. 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 will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed site plan has taken into account adjacent land uses and will provide a wide range of amenities to and for the community within the development and the surrounding neighborhoods. The Project is consistent with the surrounding land uses and has been approved for residential development in the Stage I Planned Development. 2. The Project site conditions were documented in the EDSP EIRs and CEQA Analysis that have been prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. There are no site challenges that were identified in the EIR, which could not be mitigated, that will present an impediment to utilization of the site for the intended purposes. The site is a hillside development and generally slopes from the north east corner to the Croak Road and Central Parkway intersection. The denser development has been proposed to be in the flatter areas of the site, while the more conventional single-family homes have been located in areas that take advantage of the grade and step with the hillside. The grading proposed for 370 3 the Project will take into consideration the hilly terrain and will be designed to avoid excessive cuts and fills. 3. The Planned Development zoning is consistent with the Eastern Dublin Specific Plan policies and the City’s Zoning Ordinances enacted for the public health, safety and welfare. The Project will not adversely affect the health or safety of persons residing or working in the vicinity or will it be detrimental to public health, safety or welfare. The Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. Additionally, no noxious odors, hazardous materials, or excessive noises will be produced. In order to ensure adequate emergency vehicle access to all portions of the site, access is provided to the site from Croak Road. 4. The Planned Development zoning is consistent with and in conformance with the Dublin General Plan and Eastern Dublin Specific Plan in that the proposed residential, open space, park and semi-public uses are consistent with the existing land use designations for the site. C. Pursuant to the California Environmental Quality Act, the City Council finds as follows: 1. The project is found to be exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a Specific Plan. Prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs.” The CEQA Analysis prepared for the Project determined that the proposed project qualifies for an exemption from CEQA under Government Code Section 65457 and CEQA Guidelines Section 15182(c), which exempts residential projects that are consistent with a specific plan for which an EIR has been certified. The proposed project is consistent with the EDSP EIRs and the General Plan and Eastern Dublin Specific Plan land use designations for the project site. There is no part of the proposed project that triggers the need to prepare a subsequent EIR or negative declaration pursuant to CEQA Guidelines Section 15162 or Public Resources Code Section 21166. Therefore, the project qualifies for a specific plan exemption and does not require subsequent environmental review or the preparation of an additional CEQA document. 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 zone the property described below to a Planned Development Zoning District: 165.5-acres within APN 905 -0002-002-00 and 905 -0002-001-01 (the “Property”) A map of the rezoning area is shown below: 371 4 SECTION 4. APPROVAL OF STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the entire 165.5-acre project area, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. Stage 2 Development Plan The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 2 Development Plan and is adopted as part of the Planned Development rezoning for the East Ranch Project (PLPA- 2020-00028). The Planned Development Zoning District and this Stage 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. The Stage 2 Development Plan establishes the location and size Public/Semi-Public site, but not does establish applicable uses, density, or development standards. The Public/Semi-Public site is subject to a subsequent Stage 2 Development Plan. 1. Statement of compatibility with the Stage 1 Development Plan. The East Ranch Stage 2 Development Plan is consistent with the Stage 1 Development Plan for the Fallon Village Project area in that it provides for 573 residential units, two public parks with one 5.5-acre park at the northwest corner and one 6.0-acre park south of the project’s main entry, a 2.0-acre public/semi-public site and 6.6 acres of open space, and other related improvements approved in Ordinance No. 32-05. 372 5 2. Statement of Uses. Permitted, conditional, accessory and temporary uses are allowed as set forth in the Stage 1 Planned Development for Fallon Village in Ordinance No. 32-05, incorporated herein by reference (PA-04-040) and the Stage 1 Planned Development Rezone amendment pertaining to the Public/Semi-Public parcel for Fallon Village in Ordinance No. 05- 21, incorporated herein by reference (PLPA-2020-00054). 3. Stage 2 Site Plan. The Stage 2 Site Plan for East Ranch shall generally be as shown below: 4. Site area, densities. The site area and densities are as follows: Land Use Neighborhood Maximum Number of Units Gross Acreage+Maximum Density (du/ac) Single Family Residential 1 101 30.1 3.4 Single Family Residential 2 98 23.4 4.2 Single Family Residential 3 91 19.5 4.7 Single Family Residential 4 85 16.8 5.1 Single Family Residential 5 98 17.6 5.6 Medium Density Residential 6 100 10.4 9.6 373 6 Land Use Neighborhood Maximum Number of Units Gross Acreage+Maximum Density (du/ac) Rural Residential/Agricultural --19.4 .01-.8 Neighborhood Park --11.5 - Public/Semi-Public --2 - Open Space --6.8 - Total 573 -- 5. Development Regulations. Single-Family Development Standards CRITERIA NH 1 NH 2 NH 3 NH 4 NH 5 NH 1, 2, 3, & 5 Product Type Conventional SFD Conventional SFD Conventional SFD Conventional SFD Cluster SFD Zero Lot Line SFD Typical Neighborhood Lot Size (sf) (21)6500 5225 5000 3960 3360 2500 Nominal Lot Dimensions (17)(21)65' x 100'55 'x 95'50 'x 110'49.5' x 80'48' x 70'- Maximum Lot Coverage (12) 45% Two Story; 55% One Story 45% Two Story; 55% One Story 45% Two Story; 55% One Story 55%55%55% Maximum Building Height (4)(21)35'35'35'35'35'35’ Maximum Stories 2 2 2 2 2 2 Minimum Front Yard Setbacks (1)(2)(15)(16)(20) Living Area 12'12'12'10' 10' to ROW /8' to Court 10' to ROW/ 4' to PL Porch 10'10'10'10' 8' to ROW/ 6' to Court 10' to ROW/ 4' to PL Front-on Garage 18'18'18'18'18'18'(13) Swing-In Garage (55' Lots or Wider) (7)12'12'N/A N/A N/A 10' to ROW/ 7' to PL Minimum Side Yard Setbacks (1)(2)(4)(9)(10)(16) Living Area 4'4'4'4'4'0’ Garage 5’5’5’4’4’4’ Porch 4'4'4'4'4' 0’ one side 4’ other side Courtyard (5)0'0'0'0'0'0’ Encroachments(3)2’2’2’2’2’2’ Minimum Rear Yard Setbacks (1)(2)(9)(10) Living Area 20' avg.; 10' min (4) 15' avg.; 10' min (4) 15' avg.; 10' min (4) 10' avg.; 5' min (4) 10' avg.; 5' min (4)10’ 374 7 CRITERIA NH 1 NH 2 NH 3 NH 4 NH 5 NH 1, 2, 3, & 5 Covered Patio 10'10'10'5'5'5’ Garage 7.5’7.5’7.5’7.5’7.5’7.5’ Accessory Structures (14)(14)(14)(14)(14)(14) Parking Spaces Required Per Home (11)(12) 2 covered 1 guest 2 covered 1 guest 2 covered 1 guest 2 covered 1 guest 2 covered 1 guest 2 covered 1 guest Minimum Usable Private Open Space (SF) 500 S.F with a min. dimension of 10 ft. Yard area may be provided in more than one location within a lot with a min of 80 SF yard or courtyard area. 400 S.F with a min. dimension of 10 ft. Yard area may be provided in more than one location within a lot with a min of 80 SF yard or courtyard area. 400 S.F with a min. dimension of 10 ft. Yard area may be provided in more than one location within a lot with a min of 80 SF yard or courtyard area. 300 S.F with a min. dimension of 10 ft 150 S.F with a min. dimension of 5 ft 150 S.F with a min. dimension of 5 ft Multi-Family Development Standards CRITERIA NH 6 Product Type Row Townhomes Townhomes w/ Private Yards Maximum Building Height (4)(18)40'35' Maximum Stories(6)3 3 Minimum Setbacks (1) (2) Building to ROW 6'10' Porch to ROW 6'6' Living Space to Alley, Common Driveway, or Private Street 6'4' Porch to Alley, Common Driveway, or Private Street 4'4' Garage Face to Alley Back of Curb 4'4' Minimum Building Separation Garage Door to Garage Door (2-Story/3-Story)28’/30'28'/28’ Porch/Balcony to Porch/Balcony 12'8' Front to Front 20'28' Side to Side 10'8' Parking Spaces Required Per Home (11) 2 covered 1 guest 2 covered 1 guest Minimum Usable Private Open Space (SF) 100 SF patio with a 10' min dimension or a 50 SF upper level deck with a 5' min inside dimension 400 SF Yard that includes an 18'x18' flat area or 150 S.F with a min. dimension of 5 ft(20) 375 8 Notes (1)Setbacks measured from property line or as otherwise noted. Setbacks to "Court" refer to back of curb. (2)See following pages for graphic depiction of above standards. (3)Items such as, but not limited to air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback of one side yard, provided a minimum of a 3' flat and level area is maintained for access around the house. (4)Subject to Building Code requirements for access. (5)Maximum height of a front yard courtyard wall shall be 30" maximum (solid wall) or 42" maximum (transparent/fence) (6)The third floor must be stepped back a minimum of 2.5' from front and rear elevation to reduce building mass. (7)Three car side by side garages and swing in garages are prohibited on lots less than 55' wide. Swing-In Garage may be utilized on Zero-Lot Line Units (8)Retaining walls up to 4' high may be used to create a level usable area. Retaining walls in excess of 4' to create usable area are subject to review and approval of the Community Development Director. Retaining walls over 30" in height are subject to safety criteria as determined by the Building Official. (9)Where a minimum 5' HOA parcel lies between a lot and an adjacent street, the lot is not considered a corner lot and interior lot setback standards shall apply. (10)At cul-de-sac bulbs, knuckles and similar conditions where lot depths are less than the standard depth, minimum rear yard setback requirements may be reduced by an amount equal to the min. lot depth minus the actual depth of the lot (i.e.: 100'- 90'=10'). In no case will the rear yard setback be reduced to less than 10'. (11)Curbside parking may be counted toward required number of guest spaces. 2 covered side-by-side spots shall be provided. Tandem spaces may not be utilized to meet the parking requirement. (12)An Accessory Dwelling Unit (ADU) , is permitted in neighborhoods of lots 5,000 square feet or greater only. Refer to Dublin Municipal Code for ADU setback and design requirements. (13)The driveway setback of the Zero Lot Line Product includes shared drive area. Products are not required to provide private driveway parking for each unit. Guest parking will be provided via street parking. (14)Accessory Structure Setbacks will follow the City Dublin Zoning Ordinance, Chapter 8.40 Accessory Structures and Uses Regulations (15)A low wall (30" or less) may encroach into the site line area. No solid structure above 30" shall be allowed; porch columns excluded. (16)Courtyard wall to return to side yard fence or front plane of main residential structure. (17)Lot width dimensions may vary to provide product diversity within each neighborhood, and atypical lot shapes (i.e. Pie lots) (18)Elevator overruns, stair coverings, decorative roof elements, and similar structures can exceed the building height limit by a maximum of 15 percent higher. (19)Minimum front / corner setback to living and porch may be subject to grading and specific location of top of pad hinge line (top of slope of graded pad). A minimum flat distance of 2' should be maintained between foundation and top of pad hinge. (20)Per the Eastern Dublin Specific Plan, 50% of the total Medium Density Market Rate units are required to have 400 SF private flat yard space, with a minimum dimension of 18'x18'; Once 50% of the total medium density units meet the required yard requirement, the excess units are exempt from the minimum 400 SF yard requirement, and shall provide a Minimum 150 SF with a minimum dimension of 5' (21)Typical Lot Size and Nominal Dimensions can be modified during SDR; If the Typical Lot Size is modified to 4000 SF or above, the neighborhood design must follow 45% Lot Coverage for a Two-Story Product. If the Typical Lot Size is modified to below 4000 SF, the neighborhood can be designed using the 55% Lot Coverage for all products. 376 9 377 10 378 11 379 12 380 13 381 14 382 15 6. Architectural Standards. The architecture of the development within East Ranch is characterized by high-quality design homes that promote both visual compatibility and variety. The architectural standards are organized into two sections: Architectural Components and Architectural Styles. These standards express desired design character, which in combination with the Preliminary Landscape Plan, conveys the overall East Ranch agrarian character and provides a pedestrian friendly community of neighborhoods. These guidelines and the graphic representations contained herein are for conceptual purposes only. Guidelines with the term 383 16 “shall” are required and to be implemented, and guidelines with the term “should” are highly recommended. Architectural Components 384 17 385 18 Architectural Styles The architectural styles of East Ranch draw from the project site’s agrarian setting of the rolling hills and its relationship to the surrounding area and existing residential neighborhoods. The following four architectural styles identified for East Ranch are a mixture of traditional and contemporary styles offering variation, under the Agrarian and California style umbrella, to create interesting streetscapes: • Traditional Farmhouse • Modern Farmhouse • California Revival • Contemporary 386 19 387 20 388 21 389 22 7. Preliminary Landscaping Plan.East Ranch emphasis is on getting outdoors and connecting with nature through the incorporation of neighborhood parks, pocket parks, multi-use trails, 390 23 restful overlooks and meandering footpaths that weave together the neighborhoods which culminate in a series of public and semi-public outdoor spaces. The landscape character defines the sense of place as refined yet rustic arcadian California. Materials and elements such as Mediterranean planting, low stone walls, a variety of fencing (good neighbor, split rail, view and open space),and rhythmic planting patterns will embellish an agrarian tone. Basic Design Principles: The landscape design including the plant palette and design themes, shall be complimentary to the architecture in each neighborhood, unique to the neighborhood and also use design themes that tie the entire East Ranch community together. The streetscape and pathway network will provide recreation opportunity and reinforce a connection to nature. The community fencing and wall system will be designed to visually recede into the setting to the extent possible. Management of open space and maintenance of common areas will be an integral component of the landscape system. Plant material shall be consistent selected appropriately for location and microclimate. Provide a combination of evergreen, deciduous and flowering trees. Street trees shall be deciduous to demonstrate the seasons and patterns of nature. The street trees will be used to define the neighborhoods. Refer to conceptual tree plan below. Conceptual Street Tree Plan 391 24 The community is designed around four primary landscape features: o The Main and Secondary Community Entries.The Main Community Entry is the formal announcement of arrival to the East Ranch community. The Secondary Community Entries will be reminiscent of the Primary Entry overall character. They will be of a smaller scale but consist of similar materials and components. o The Water Quality Bains.The Water Quality Basins are a prominent feature at the arrival point to the community. The plant material found within will take on a mosaic effect that demonstrates the bloom and growth cycles of seasonal grasses in gentle patterns and large swaths. All plant material found within the basins shall conform with the Alameda County C.3 Stormwater Technical guidelines and requirements. o The Main Spine (Croak Road).The Main Spine of Croak Road connects the greater East Ranch community with its allee and greenbelt.The northern and southern parks bookend the community and are connected via this spine. o Northern and Southern Parks. East Ranch includes two neighborhood parks. The Northern and Southern Parks are recreation hubs for the East Ranch community and greater neighborhood. They anchor each end of the main spine along Croak Road and complete a central green corridor. Northern Park: Natural in its look and feel sitting just south of the riparian corridor, the Northern Park’s proximity to the existing open space trail system is one of its most important features. The park completes the connection to Jordan Ranch and Positano neighborhoods and allows pedestrians from East Ranch a safe and easy way to access the greater Dublin trail network. The northern edge of the park has a fair amount of topography will remain natural and provide a gentle transition to the existing adjacent area. The more active areas of the park will include restrooms, tot lot and toddler play areas, BBQ area with shade structures and a fenced dog park with two separate areas for small and large dogs with their own respective entries. The overall park theming will take cues from the surrounding architecture of the community and is geared toward smaller groups, kids, and families.The following is a conceptual image of the Northern Park. 392 25 Southern Park: The Southern Park serves as a gateway into the East Ranch community. Being centrally located and the open space anchor to the community, the programming for this park will include elements that appeal to a wide range of ages and mobilities. Those elements include a large central green space, perimeter trail system, basketball court, pickleball courts, tennis courts, bocce courts, tot lot and toddler play areas, picnic areas with shade structures and restrooms. The overall look of this open space area will work to solidify that rural agrarian character the community is built upon. The following is a conceptual image of the Southern Park. 8. Phasing Plan.The project is to be developed in two phases for the backbone streets and infrastructure and two phases for the development as shown the phasing plan below. 9. Inclusionary Zoning Regulations. The Project is subject to the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing as a residential 393 26 development of 20 units or more. The City’s Regulations also allow for exceptions commonly referred to as an “alternative method of compliance.” These exceptions include the payment of fees in lieu of constructing affordable units, construction of off-site housing projects, land dedication, etc. The inclusionary housing requirement is 72 (71.6) units and will be satisfied as follows: In-Lieu Fee: 35% (25 units) to be satisfied via payment of an “In-Lieu Fee” as provided by the City’s fee schedule. On-site Below Market Rate Units: 25% (18 units) to be satisfied by providing 14 “moderate” income zero-lot line single-family units dispersed throughout neighborhoods 1, 2, 3 and 5 and four (4) "moderate" income units in neighborhood 6. Land Contribution: 40% to be satisfied by dedicating two acres of stand-alone land (Public/Semi-Public parcel) to allow for future development of 77 units of affordable housing by an affordable housing developer. On-site Accessory Dwelling Units/Second Units: 50 deed-restricted attached ADUs. 10. Applicable Requirements of the Dublin Zoning Ordinance. Except as specifically provided in this Stage 2 Development Plan or the Stage 1 Development Plan (Ordinance No. 32-05), the use, development, improvement and maintenance of the Property shall be governed by the provision of the Dublin Zoning Ordinance pursuant to 8.32.060C or its successor. The closest comparable zoning districts are as follows: R-1 Single Family Residential District for Neighborhoods 1-5 R-M Multi-Family Residential District for Neighborhood 6 SECTION 5. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 21st day of December 2021, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor 394 27 ATTEST: ___________________________ City Clerk 395 STAFF REPORT CITY COUNCIL Page 1 of 16 Agenda Item 6.1 DATE: December 7, 2021 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: East Ranch (PLPA-2020-00028) Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The City Council will consider a proposal to develop a 165.5-acre site with a 573-unit residential project consisting of six neighborhoods, two neighborhood parks totaling 11.5 acres, and a two-acre Public/Semi-Public site reserved for affordable housing located on Croak Road east of Fallon Road. The project site straddles existing Croak Road with Jordan Ranch to the west, Positano to the north and undeveloped land to the east and south with the Interstate 580 beyond. Requested approvals include a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit. The City Council will also consider an exemption from the California Environmental Quality Act (CEQA). STAFF RECOMMENDATION: Conduct a public hearing, deliberate and take the following actions: a) find the project exempt from CEQA pursuant to Government Code Section 65457 and waive the reading and INTRODUCE an Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 2 Development Plan and CEQA Findings for the East Ranch Project; and b) adopt the Resolution Approving Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit Related to the East Ranch Project. FINANCIAL IMPACT: The costs associated with processing this request is borne by the Applicant. As part of the implementation of the project, a Community Facilities District (CFD) is proposed for the purpose of financing the maintenance, acquisition, and/or construction of public improvements on the property, including the two neighborhood parks. Condition of Approval No. 125 of the Vesting Tentative Tract Map (Attachment 2) lays out the formation of the CFD and states that if a CFD for maintenance is not formed, the City and Applicant will 396 Page 2 of 16 work together to establish a maintenance mechanism for neighborhood streets on the property (excluding the two public streets Croak Road and Central Parkway) for 20 years after City acceptance. In addition, as stated within the report, the Applicant’s inclusionary housing proposal includes the payment of in-lieu fees for 25 units (to satisfy 35% of the affordable requirement). Based on the current in-lieu fee of $217.696/unit (the in-lieu fee is calculated at the timing of building permit issuance and adjusted annually on July 1 for CPI), this payment would currently be $5,442,400. DESCRIPTION: The 165.5-acre East Ranch project site (formerly referred to as the Croak Property) is an undeveloped parcel located within the Fallon Village area of the Eastern Dublin Specific Plan (EDSP). The site is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern city limit as shown in Figure 1 below. The undeveloped site generally increases in elevation from south to north with large background hills in the northeast portion of the property. Figure 1. Vicinity Map 397 Page 3 of 16 Background On January 7, 1994, the City Council adopted a General Plan Amendment and EDSP, which provides a comprehensive land use program for the planning area of roughly 3,300 acres, along with goals and policies to guide future public and private actions relating to the area’s development. On December 20, 2005, the City Council adopted a General Plan and EDSP Amendment for the Fallon Village area, which includes the East Ranch property. Related actions included adopting a Planned Development (PD) zoning district with a Stage 1 Development Plan (Ordinance No. 32-05) to establish regulations for the allowed land uses associated with development, improvement, and maintenance of the project area. The General Plan and EDSP assigned land use designations, as amended, for the East Ranch site are shown in Table 1 below. Development was generally assumed at the mid-point density for a total of 573 residential units. Table 1. Existing Land Use Designations Land Use Designation Acres Allowed Density Range Allowed Unit Range Assumed Density Assumed # of Units Single-Family Residential 115.4 0.9-6.0 10-692 units 4 du/acre 469 Medium Density Residential 10.4 6.1-14 62-146 units 10 du/acre 104 Rural Residential/Agricultural 19.4 0.01-0.8 -- -- -- Neighborhood Park 11.5 -- -- -- -- Public/Semi-Public 2 -- -- -- -- Open Space 6.8 -- -- -- -- Total 165.5 -- -- -- 573 On December 2, 2008, the City Council amended the Stage 1 Development Plan (Ordinance No. 45-08) to establish development standards for private yards within the Medium Density Residential land use designation of the Fallon Village area. Standards require that at least 50% of the Medium Density units include private yards that meet the following minimum standards: a) minimum 400 square feet of contiguous private, flat yard area; b) minimum dimension of 18 feet by 18 feet; and c) include privacy fencing. Additionally, common areas shall be provided for units that do not have a private yard meeting the minimum standards. On October 15, 2019, City Council held a Study Session and received a presentation on a Pre- Application submitted by Trumark Homes for the East Ranch project. The proposal included development of 573 residential units, including approximately 261 age-qualified units, two parks totaling 11.5 acres, and a two-acre Semi-Public site on 165.5 acres. The age restricted portion of the project was proposed for individuals of 55 years or older. Three home types were proposed, including 96 triplexes, 100 park court style single-family homes, and 65 398 Page 4 of 16 single-family homes on standard lots. On May 4, 2021, City Council held a second Study Session on the East Ranch project. The Study Session included a presentation on the proposed project, which had been refined, and feedback on the overall project, location of proposed parks, and the applicant’s proposal to satisfy the requirements of the Inclusionary Zoning Regulations. On July 20, 2021, the City Council approved a General Plan and EDSP Amendment to change the land use designation of a portion of the GH PacVest and East Ranch properties from Semi- Public to Public/Semi-Public to allow a broader range of uses, including the potential for affordable housing developed by a non-profit entity. In addition, the City Council adopted Ordinance No. 05-21, amending the Stage 1 Development Plan pertaining to the Public/Semi- Public sites on the GH PacVest and East Ranch properties. Current Project The proposed project includes 573 residential units in six neighborhoods, two public parks with one 5.5-acre park at the northwest corner of the site and one 6.0-acre park near the project’s main entry east of Croak Road and north of Central Parkway, a two-acre Public/Semi- Public site that would be reserved for affordable housing, and 6.8 acres of open space (refer to Figure 2). The requested approvals include a Planned Development Zoning Stage 2 Development Plan, a Vesting Tentative Tract Map to subdivide the property, and a Heritage Tree Removal Permit. Figure 2. Proposed Illustrative Site Plan 399 Page 5 of 16 Planned Development Zoning The application includes a Planned Development Zoning Stage 2 Development Plan. The Stage 2 Development Plan builds off the exiting Stage 1 Development Plan (Ordinance No. 32-05), which established the specific uses that are permitted by right, conditionally permitted, and prohibited as well as the overall development density and intensity. The Stage 2 Development Plan focuses on the details and establishes the development standards and guidelines for East Ranch. The proposed Stage 2 Development Plan includes a site plan, development regulations (including density, setbacks, height, parking, etc.), architectural and landscape standards, a phasing plan, inclusionary housing requirements and a site plan for 573 residential units in six distinct neighborhoods. An overview of the Stage 2 Development Plan is provided below. A Site Development Review Permit will be required prior to development of each neighborhood and would be subject to Planning Commission approval. Detailed design and elevation drawings would be provided at that time. Stage 2 Site Plan and Circulation The Stage 2 Site Plan for the East Ranch project as shown in Figure 2 above, provides the general location and layout the six neighborhoods, two public parks, the two-acre Public/Semi-Public site as well as the open space. The Stage 2 Site Plan also shows the location and layout of streets including the completion of the public street connections planned as part of Fallon Village. The project includes improvements and widening of Croak Road that would complete the connection from the Positano neighborhood to the north to Central Parkway and would eventually be improved further south to connect with the future Dublin Boulevard extension. In the ultimate configuration, Croak Road will intersect the future Dublin Boulevard extension and provide primary access to East Ranch from the south. In the interim, until the Dublin Boulevard extension is constructed, proposed Croak Road improvements would connect Positano Parkway to Central Parkway. South of the project site, Croak Road would be improved and widened to provide interim access from the project site to the existing Fallon Road intersection. During this interim condition, primary access to East Ranch would come from the west, via Central Parkway, or from the north, via Positano Parkway. In addition, the project would extend Central Parkway into the project and provide access to future development of the GH PacVest, Righetti, and Branaugh properties to the south. Both the Croak Road and Central Parkway extensions would be improved to their ultimate configuration within the project site. Primary access into the East Ranch neighborhoods and parks would be from Croak Road north of Central Parkway. In addition, the project proposes to optimize the signal timing at the intersection of Central Parkway and Sunset View Drive to improve existing traffic operations near Cottonwood Creek School, particularly during peak periods. These street improvements are further detailed in the Vesting Tentative Tract Map, 400 Page 6 of 16 Attachment 3. Density Project density would range from 3.4 to 9.6 dwelling units per acre. Single-family residential units are proposed within five neighborhoods totaling 473 residential units. Although the specific design of these homes is not proposed at this time, the Stage 2 Development Plan conceptual architecture includes a combination of one- and two-story homes, a variety of colors and materials, and a minimum two-car garage. With the single-family neighborhoods, the affordable housing units are proposed to be dispersed through neighborhoods 1, 2, 3 and 5. These units are proposed as zero lot line single-family homes and would be detached on three sides and share a side lot line on one side. Table 2 provides a summary of the unit breakdown and minimum lot size in each of the five single-family neighborhoods. Table 2. Summary of Single-Family Neighborhoods Neighborhood No. of Conventional Single-Family Units No. of Zero Lot Line Single- Family Affordable Units Total No. of Units Minimum Lot Size1 1 99 2 101 6,500 SF 2 96 2 98 5,225 SF 3 85 6 91 5,500 SF 4 85 0 85 3,960 SF 5 94 4 98 3,360 SF TOTAL 459 14 473 1 Minimum lot size does not include the 14 zero lot line affordable units For the sixth neighborhood, the Applicant proposes to develop 100 Medium-Density residential units. There are two options for development of this neighborhood: 1) Rowhomes; and 2) Rowhomes with a private yard. For either option, the neighborhood would be composed of a combination of two- and three-story townhomes. Similar to the single-family neighborhoods, the affordable housing units would be dispersed through the neighborhood. Site and Development Standards Development standards are proposed to create six distinct neighborhoods supporting homes of various sizes and styles. The size of the single-family lots would range from 2,500 to 6,500 square feet. Building off the existing Stage 1 Development Plan, the single-family homes would be a mix of one- and two-story buildings with a maximum height of 35 feet. The townhomes would be a combination of two- and three-story buildings with a maximum height of 45 feet. A minimum of two covered parking spaces and one guest parking space are required for every unit in the project area. A complete list of all development standards is included in the proposed Planned Development Ordinance (Attachment 1). 401 Page 7 of 16 Architectural and Landscape Standards The architectural and landscape standards provided in the Stage 2 Development Plan provide the framework for the future Site Development Review Permits. The architecture of the development within East Ranch is characterized by high-quality design that promote both visual compatibility and variety. The architectural standards are organized into two sections: Architectural Components and Architectural Styles. These standards express desired design character, which in combination with the Preliminary Landscape Plan, conveys the overall East Ranch agrarian character and provides a pedestrian friendly community of neighborhoods. The architectural styles of East Ranch draw from the project site’s agrarian setting of the rolling hills and its relationship to the surrounding area and existing residential neighborhoods. There are four architectural styles proposed and include a mixture of traditional and contemporary styles offering variation, under the Agrarian and California style umbrella, to create interesting streetscapes. According the Applicant, the four architectural styles are described as follows: 1. Traditional Farmhouse. This is the rootstock for many East Ranch neighborhoods, giving itself over to a range of interpretations, hybrids and variations. At its simplest, it is defined by understated detail, utilitarian functionality and practical charm that reflect a back-to-nature lifestyle. Traditional Farmhouse homes are typically simple in massing, often with covered porches and gabled roofs, wood columns and posts. 2. Modern Farmhouse. An evolutionary iteration of the traditional farmhouse, this style builds on the cornerstones of comfort and practicality with a modern lifestyle twist. Massing and forms are more asymmetrical. Contemporary and traditional materials invent new harmonies and corrugated roofing, stone veneer and vertical board and batten siding, giving distinction and variety to the neighborhood. 3. California Revival. Like pages in California history, California Revival homes are a compilation of Ranch and Prairie styles that create a connection between interiors and exteriors. These homes are meant to blend with the landscape, with natural colors, simple, subtle design and elegant relationships between indoor and outdoor living areas. California Revival uses elements such as overhanging eaves, wide front porches framed by tapered columns and pop-up second floors. Stone, wood and stucco eclecticism, set in organic surroundings, deepen individual character. 4. Contemporary. Contemporary architecture shook-up the California style scene for decades in the mid-1900s and is returning with the high desire for single-story living with a strong connection to nature. As the need for large homes is replaced with the need for sunlight and breeze, New-Century Modern architecture will reintroduce clerestory windows, open-beam ceilings, and indoor/outdoor courtyards and atriums. The landscape standards are proposed to complement and enhance the architecture through the development. The emphasis for East Ranch is getting outdoors and connecting with nature through the incorporation of neighborhood parks, pocket parks, multi-use trails, 402 Page 8 of 16 restful overlooks and meandering footpaths that weave together the neighborhoods which culminate in a series of public and semi-public outdoor spaces. The landscape character defines the sense of place as refined yet rustic arcadian California. Materials and elements such as Mediterranean planting, low stone walls, a variety of fencing (good neighbor, split rail, view and open space), and rhythmic planting patterns would embellish an agrarian tone. Examples of the architectural styles and the preliminary landscape plan are included in the proposed Planned Development Ordinance (Attachment 1). Neighborhood Parks East Ranch includes two neighborhood parks. The Northern and Southern Parks are recreation hubs for the East Ranch Community and greater neighborhood. They anchor each end of the main spine along Croak Road and complete a central green corridor. The following provides an overview of the conceptual designs for the Stage 2 Development Plan. The final designs are subject to the City’s park planning and community input process. Northern Park: Natural in its look and feel sitting just south of the riparian corridor, the Northern Park’s proximity to the existing open space trail system is one of its most important features. The park completes the connection to Jordan Ranch and Positano neighborhoods and allows pedestrians from East Ranch a safe and easy way to access the greater Dublin trail network. The northern edge of the park has a fair amount of topography. The area would remain natural and provide a gentle transition to the existing adjacent area. The more active areas of the park would include restrooms, tot lot and toddler play areas, BBQ area with shade structures and a fenced dog park with two separate areas for small and large dogs with their own respective entries. The overall park theming will take cues from the surrounding architecture of the community and is geared toward smaller groups, kids, and families. Figure 3 provides a conceptual image of the Northern Park. 403 Page 9 of 16 Southern Park: The Southern Park serves as a gateway into East Ranch. Being centrally located and the open space anchor to the community, the programming for this park would include elements that appeal to a wide range of ages and mobilities. Those elements include a large central green space, perimeter trail system, basketball court, pickleball courts, tennis courts, bocce courts, tot lot and toddler play areas, picnic areas with shade structures and restrooms. The overall look of this open space area would work to solidify that rural agrarian character the community is built upon. Figure 4 provides a conceptual image of the Southern Park. Permitted, Conditional and Temporary Land Uses The Stage 1 Development Plan (Ordinance No. 32-05 as amended by Ordinance No. 05-21) established the permitted, conditional and temporary land uses allowed within Fallon Village, including the East Ranch site. The permitted and conditionally permitted uses vary between the different land use designations. Temporary uses are allowed as stated in the Zoning Ordinance. An overview of the types of uses for each land use designation is provided in Table 3 below. This is not an exhaustive list but provides context as to the types of uses envisioned for Fallon Village. No changes to the existing allowable uses are proposed as part of the East Ranch project. Table 3. Overview of Allowed Uses Land Use Designation Permitted Land Uses Conditionally Permitted Land Uses Single-Family Residential Single Family Dwelling Accessory Dwelling Unit Accessory Structures/Uses Home Occupation Community Care Facility (small) Small/Large Day Care Home Ambulance Service Bed and Breakfast Inn Boarding House Community Facility Day Care Center Plant Nursery Semi-Public Facilities Medium Density Residential Single Family Dwelling Accessory Dwelling Unit Accessory Structures/Uses Multi-Family Dwelling Home Occupation Small/Large Day Care Home Bed and Breakfast Inn Boarding House Community Care Facility Day Care Center Semi-Public Facilities 404 Page 10 of 16 Land Use Designation Permitted Land Uses Conditionally Permitted Land Uses Rural Residential/Agricultural Agricultural Accessory Use – Office Animal Keeping – Residential Drainage and Water Quality Pools Single Family Dwelling Small/Large Day Care Home Stormwater Detention Ponds Agricultural Housing Agricultural Processing Animal Keeping Agricultural Animal Keeping Commercial Horse Keeping Plan Nursery Recreational Facility-Outdoor Neighborhood Park Community Park Neighborhood Park Recreational and Educational Facility Trail Staging Area Public/Semi-Public Public Schools Libraries Fire Stations Special Needs Program Facilities Community Centers Hospitals Housing developed by a non- profit entity (affordable housing) Open Space Conservation Areas Drainage and Water Quality Pools Private or Public Infrastructure Resource Management Stormwater Detention Ponds Trails and Maintenance Roads Inclusionary Zoning The City’s Inclusionary Zoning Regulations (DMC Chapter 8.68) require all new residential projects of 20 units or more to construct 12.5% of the total number of units as affordable units or satisfy the requirement through exceptions or alternatives approved by the City Council. The units shall reflect the range of numbers of bedrooms provided in the project as a whole but may be smaller in size. The exceptions and alternatives allowed by the Inclusionary Zoning Regulations include the following: a) payment of fees in-lieu of constructing up to 40% of the units; b) off-site projects; c) land dedications; d) credit transfers; and e) waiver of requirements or alternative methods of compliance as approved by the City Council. The City recently approved a General Plan Amendment (Resolution No. 85-21) to change the existing land use designation of two sites, including the two-acre site on the East Ranch property, from Semi-Public to Public/Semi-Public to allow a broader range of uses, including the potential for affordable housing developed by a non-profit entity. The new General Plan land use designation of the two sites increases the availability of land for affordable housing, contributing to the City’s ability to meet its Regional Housing Needs Allocation (RHNA). 405 Page 11 of 16 The proposed East Ranch project generates a requirement to provide 72 affordable units. The Applicant is proposing an alternative method of meeting this requirement as follows: • Construction of 18 moderate income units reasonably dispersed throughout the various neighborhoods (to satisfy 25% of affordable requirement); • Payment of in-lieu fees for 25 units (to satisfy 35% of the affordable requirement). Based on the current in-lieu fee of $217,696/unit (the in-lieu fee is calculated at the timing of building permit issuance and adjusted annually on July 1 for CPI) this payment would currently be $5,442,400; • Dedication of the two-acre Public/Semi-Public site for a future affordable housing project. Preliminarily, this site would provide 77 units of very low/low-income affordable rental housing (to satisfy 40% of the affordable requirement); and • Construction of 50 deed restricted accessory dwelling units affordable to low-income households. Staff is supportive of the applicant’s proposed alternative method. Staff believes that the proposed project will deliver superior affordable housing when contrasted with the type of affordable housing than would be provided if the project were fully compliant with the Inclusionary Zoning Regulations. Project Phasing The initial mass grading for the site is planned to occur in one phase. The project would be developed in two phases for the backbone streets and infrastructure and two phases for the development. Figure 5 below shows the phasing plan. Figure 5. Phasing Plan An Ordinance approving the proposed Planned Development Rezoning with a Stage 2 406 Page 12 of 16 Development Plan is included as Attachment 1 to this staff report. Vesting Tentative Tract Map The application includes a request for Vesting Tentative Tract Map (VTTM) No. 8563 to create the individual development parcels, identify those areas that would be reserved as parks (such as the two neighborhood parks), open and/or common space, easements to provide access through the project site, preliminary grading, drainage, stormwater management and utilities. As stated in Stage 2 Site Plan and Circulation above, the project includes the completion of public street connections planned as part of Fallon Village. The VTTM defines the right-of-way improvements for Croak Road and Central Parkway as well as all the smaller internal streets. Project implementation includes the proposal for a Community Facilities District (CFD) for the purpose of financing the maintenance, acquisition, and/or construction of public improvements on the property, including the two neighborhood parks. Condition of Approval No. 125 of the VTTM (Attachment 2) lays out the formation of the CFD and states that if a CFD for maintenance is not formed, the City and Applicant will work together to establish a maintenance mechanism for neighborhood streets on the property (excluding the two public streets Croak Road and Central Parkway) for 20 years after City acceptance. Heritage Tree Removal Permit The City encourages the preservation of heritage trees through its development review and permit approval process. DMC Chapter 5.60 “Heritage Trees” defines a heritage tree as any oak, bay, cypress, maple, redwood, buckeye and sycamore tree having a trunk or main stem of twenty-four (24) inches or more in diameter at four (4) feet six (6) inches above natural grade. The project includes a request for a Heritage Tree Removal Permit to remove four heritage trees (two coast live oaks, one river she-oak, and one cypress). The Applicant submitted an arborist report prepared by Live Oak Associates, attached to this report as Attachment 5. The heritage tree summary provided in the arborist report incorrectly states on page 9 that only three of the trees proposed for removal are heritage trees. As identified in Appendix A of the arborist report, there are four trees that meet the City’s “heritage tree” definition. The four trees (designated as #222, #477, #488 and #516) are located near Croak Road and are highlighted in Figure 2a of the report. In deciding whether to issue a Heritage Tree Removal Permit, the decision shall be based on the following criteria: 1. The condition of the tree or trees with respect to health, imminent danger of falling, proximity to existing or proposed structures and interference with utility services or public works projects; 2. The necessity to remove the tree or trees for reasonable development of the property; 3. The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of stream waters; 407 Page 13 of 16 4. The number of trees existing in the neighborhood and the effect the removal would have upon shade, privacy impact, scenic beauty and the general welfare of the city as a whole. The trees were identified in the arborist report as being in “fair” or “good” condition, which means they have healthy foliage and minor or no defects. The East Ranch site generally slopes from the northeast corner to Croak Road and Central Parkway intersection. The grading proposed for the project takes into consideration the hilly terrain, which includes a 50-foot grade change on the south end of the project site. Staff believes that the removal of the heritage trees is necessary due to the required grading in order to create stable developable land, as well as the stormwater treatment area in the southwest corner of the project site. It is also in accordance with the General Plan, Eastern Dublin Specific Plan, and Stage 1 zoning. The proposed Planned Development Rezone Stage 2 Development Plan for the East Ranch project includes a preliminary landscape plan and a conceptual street tree plan creating a foundation for the landscape plan in the Site Development Review Permit. According to the Applicant, the landscape plan will include approximately 1,500 trees in addition to other low- lying plant material. A Resolution approving the VTTM and a Heritage Tree Permit for the proposed project is included at Attachment 2 to this report with the VTTM included as Attachment 3. Consistency with General Plan, Eastern Dublin Specific Plan and Zoning Ordinance The project is consistent with the General Plan and EDSP land use designations of Single- Family Residential, Medium Density Residential, Rural Residential/Agricultural, Neighborhood Park, Public/Semi-Public, and Open Space, and consistent Planned Development Zoning. Section 1.8 of the General Plan states: “the Dublin General Plan Land Use Map identifies the location of land uses…Minor deviations in roadway alignments or open space configurations should not be considered inconsistent with the General Plan.” Section 4.2 of the EDSP states that: “Due to the scale of the map, the location of road alignments and land use boundaries in Figure 4.1 are approximate. This generalized depiction of the planning area will require some flexibility when interpreting the plan. Minor adjustments to road alignments and boundaries may be necessary when individual applications for development are submitted.” The project’s proposed land use configurations include minor adjustments to roadway alignments, open space configurations, and boundaries, consistent with the General Plan and EDSP. Specifically, the location of the Medium Density Residential site has been shifted east, the two Neighborhood Parks have been shifted adjacent to Croak Road to the northern and southern areas of the property, a portion of the Open Space designation shifted east of Croak Road and the location of the Public/Semi-Public parcel is designated. However, as shown in Table 1 above, the gross acres for each designation remains the same. 408 Page 14 of 16 Figure 6. Existing Land Use Designation Proposed Land Use Designations Project’s Relationship to State Housing Laws and Policy. The applicant has designed the project under state housing laws to limit the City’s discretion on the project. The Housing Accountability Act (Government Code section 65589.5), the Housing Crisis Act of 2019 (Senate Bill 330), and various other state laws prevent or restrict the ability to deny projects that are consistent with applicable, objective standards in effect at a time when the application is deemed complete. The project is designed to be consistent with the applicable General Plan and Specific Plan designations, the applicable zoning regulations, and other policies, as a means of limiting the City’s discretion. The one clear area where the City Council has significant discretion is on whether or not to approve the applicant’s proposed alternative method of complying with the Inclusionary Zoning Regulations. Despite the limits on the City’s discretion, the applicant has agreed to a number of items that are not required by existing City policy. For example, the applicant has agreed to a condition of approval that will require the formation of a CFD to pay for infrastructure maintenance. In addition, the applicant proposes a voluntary $300,000 community benefit payment to the City specifically to assist with signage in the Downtown area. ENVIRONMENTAL REVIEW: Government Code Section 65457 and California Environmental Quality Act (CEQA) Guidelines Section 15182(c) exempts certain residential projects that are consistent with a specific plan 409 Page 15 of 16 for which an environmental impact report (EIR) has been certified from further environmental review. Prior CEQA analysis for the project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three documents are referred to as the “EDSP EIRs.” Pursuant to the requirements of the CEQA, the City has determined that the proposed project qualifies for an exemption under Government Code Section 65457 and CEQA Guidelines Section 15182(c). The proposed project is consistent with the EDSP EIRs and the General Plan and EDSP land use designations for the project site. There is no part of the proposed project that triggers the need to prepare a subsequent EIR or negative declaration pursuant to CEQA Guidelines Section 15162 or Public Resources Code section 21166. Therefore, the project qualifies for a specific plan exemption and does not require subsequent environmental review or the preparation of an additional CEQA document (EIR or MND). The CEQA Analysis in Support of Specific Plan Exemption is included as Attachment 6 to this staff report with all appendices included as Attachments 7-14. PLANNING COMMISSION REVIEW: On November 9, 2021, the Planning Commission held a public hearing to consider the proposed project and make a recommendation to the City Council. As part of the public hearing, 11 members of the public provided comments regarding the project. The public expressed support for the inclusionary housing proposal and more specifically development of the two-acre Public/Semi-Public site for affordable housing. They also expressed concern regarding the biological impacts to the existing wildlife associated with the development, potential insufficient water supply, public safety’s ability to serve this new community, reliance on the previous environmental impact report and the project’s proximity to the Livermore Airport. The Commission asked various questions and made comments regarding lot size and increasing the proposed density to accommodate more moderate- and low-income residents, the zero-lot line single-family homes blending in with the neighborhood, heritage tree removal and the proposed grading, fire safety and access, the inclusionary housing proposal and the use of in lieu fees, pedestrian paths and safe school access connections, the lack of attendance at the first community outreach meeting, and water allocation to ensure it is a viable project. The Planning Commission adopted Resolution No. 21-08 recommending approval of the project by a 3-2 vote (refer to Attachment 4). The votes not in support of the project were based on the lack of variety of housing for lower income residents and need for additional detail and information to make a recommendation to the City Council. 410 Page 16 of 16 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Two City-led Community Meetings were held on September 8 and 9, 2021, to provide Dublin residents with information about the proposed East Ranch project. No residents attended the meeting on September 8. Six residents attended the meeting on September 9 along with members of the applicant team. Staff provided a presentation that included an overview of the new Community Meeting concept, the City’s development review process, and the proposed project. Questions were asked about the affordable housing proposal and support for providing all the affordable housing units within project area. 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 also was published in the East Bay Times and posted at several locations throughout the City. The project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 2 Development Plan and CEQA Findings for the East Ranch Project 2) Resolution Approving Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit Related to the East Ranch Project 3) Exhibit A to Attachment 2 Vesting Tentative Tract Map 4) Planning Commission Resolution No. 21-08 5) Arborist Report 6) CEQA Analysis in Support of Specific Plan Exemption 7) Appendix A to CEQA Analysis – Biological Resources Assessment 8) Appendix B to CEQA Analysis – Preliminary Aquatic Resources Delineation Report 9) Appendix C to CEQA Analysis – Archeological and Historical Resources Survey Report 10) Appendix D-1 to CEQA Analysis – Due Diligence Level Geographical Investigation 11) Appendix D-2 to CEQA Analysis – Geotechnical and Geologic Review 12) Appendix E to CEQA Analysis – Phase 1 Environmental Site Assessment 13) Appendix F to CEQA Analysis – Stormwater Quality and Hydromodification 14) Appendix G to CEQA Analysis – Transportation Impact Analysis 15) Public Comment 411