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HomeMy WebLinkAboutPCReso03-32 PA03-010 Referring jurisdiction to CC Fairway Ranch SDR RESOLUTION NO. 03 - 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY TO THE CITY COUNCIL ON SITE DEVELOPMENT REVIEW AND DENSITY BONUS FOR PA 03-010, FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY WHEREAS, Dublin Ranch Holdings, LLC has requested approval of Site Development Review and a Density Bonus for PA 03-010, Fairway Ranch Affordable Housing Community, on approximately 24.78 gross acres (19.68 net acres) of land located in Dublin Ranch Area B, within the Eastern Dublin Specific Plan, between Dublin Boulevard and Central Parkway, East of Keegan Street (APN 985-0027-001) for the development of 930 residential dwelling units, of which 322 are senior rental units, 304 are multi-family rental units, and 304 are for- sale condominiums; and, WHEREAS, of the 322 senior rental units, 292 units are affordable to very-low, low, and moderate income households; and of the 304 multi-family rental units, 243 units are affordable to very-low, low, and moderate income households; and of the 304 for-sale condominiums, 52 units are affordable to moderate income households; and WHEREAS, of the 292 affordable senior rental units, 64 units are for very-low income households, 97 units are for low income households, and 131 units are for moderate income households; and WHEREAS, of the 243 affordable multi-family rental units, 63 units are for very-low income households, 90 units are for low income households, and 90 units are for moderate income households; and WHEREAS, of the 52 affordable for-sale condominiums, all 52 units are for moderate income households; and WHEREAS, the Applicant/Developer has submitted a complete application for a Site Development Review and a Density Bonus dated June 9, 2003 and on file in the Community Development Department, Planning Division; and, WHEREAS, to comply with the City of Dublin Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68), 93 affordable units are required to be affordable for 55 years as follows: for the multi-family rental portion, 31 units; for the senior portion, 32 units; and for the condominium portion, 30 units; and, the affordable units within each portion are to be allocated as follows: 50% of which would be moderate-income units, 30% of which would be very-low income units and 20% of which would be low income units; and WHEREAS, the Applicant/Developer proposes to provide an additional 332 units to remain affordable for a period of 55 years in order to obtain affordable housing credits pursuant to Dublin Municipal Code (DMC) Chapter 8.68.060 and seeks Council approval to use such credits to satisfy the Inclusionary Zoning requirements for 2,655 future residential units within Dublin Ranch notwithstanding the fact that the units for which the Applicant/Developer would receive such credits are generally smaller in size than the affordable units which would be required for the 2,655 future residential units in Dublin Ranch and do not meet the allocation of affordable units between moderate, low and very-low income households contained in DMC Chapter 8.68.060; and WHEREAS, the Applicant/Developer proposes to provide an additional 162 units affordable for a period of 55 years for which the Applicant/Developer would not receive credits under DMC Chapter 8.68.060 but for which the City Council would provide certain benefits, including the concentration of affordable units on the project site, reduced bedroom sizes for the affordable units, different affordable mix between very-low, low and moderate, a loan in the amount of $4.5 million (split between the multi-family and senior phases), and a waiver of possible commercial linkage fees; and WHEREAS, the Applicant/Developer also proposes a Density Bonus of 186 traits pursuant to DMC Chapter 8.52 and proposes that 68 density bonus units will be located in the senior portion, 59 density bonus units in the multi-family portion, and 59 density bonus units in the for-sale condominium portion, thereby increasing the total density on the site from 744 units, which is the maximum permitted density pursuant to PA 96-039, Dublin Ranch Areas B-E Planned Development District and Land Use and Development Plan/District Planned Development Plan, to 930 units; and WHEREAS, the Applicant/Developer has requested the following concessions under the Density Bonus ordinance (DMC Chapter 8.52), mixed use zoning for 5,000 square feet of retail, and expedited processing; and WItEREAS, to be entitled to a Density Bonus and two concessions pursuant to DMC Chapter 8.52 and state law (Government Code Section 65915), the Applicant/Developer has to agree to construct at least 20% (149) of the units for low income households and 10% (74) of the units for very low income households, for a total of 223 low and very low income units, and such units must be affordable for 30 years at rents of 30% of 60% of area median income for low income units and 30% of 50% of area median income for very-low income units; and WHEREAS, the Applicant/Developer has requested the Council to count the affordable units required by the Inclusionary Zoning Ordinance and the 332 units for which the Applicant/Developer is requesting credits to qualify for a density bonus; and WHEREAS, Pursuant to the California Environmental Quality Act, staff has recommended that the Project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. This recormnendation is based on a detern~ination that there are no supplemental impacts that would require preparation of a Supplemental EIR, as further documented in the Initial Study prepared by the City, dated June 2003, and incorporated herein by reference. The Initial Study found that the environmental impacts of the Project were addressed by the Negative Declaration approved by the City Council in Resolution No. 140-97 for the Planning Development Rezoning for 453 acres of Dublin Ranch which includes the Property and the Project and by the Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064) which was certified by the Council in Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994; and WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.1-6 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WltEREAS, the Planning Commission is referring the approval, conditional approval, or denial of application PA 03-010, related amendments, and time extensions 0f permits to the City Council; and and, WltEREAS, the Planning Commission did hold a public hearing on said application on June 24, 2003; WHEREAS, proper notice of said hearing was given in all respects as required by law; and, WItEREAS, a Staff Report was submitted to the Planning Commission recommending referral of said application to the City Council; and, WHEREAS, the Planning Commission did hear and. use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby transfer the original hearing jurisdiction for this project to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 24th day of June 2003. AYES: Cm. Fasulkey, King and Machtmes NOES: Cm. Jennings ABSENT: ABSTAIN: Cm. Nassar Planning ~l~tnager ing C°r~mi s si°n C~airp ei:~°nx''' ~~-