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HomeMy WebLinkAboutReso 40-22 Approving Amendment to Condition of Approval of Reso No. 140-21 Reso. No. 40-22, Item 6.1, Adopted 05/03/2022 Page 1 of 4 RESOLUTION NO. 40-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO CONDITION OF APPROVAL NOS. 6 AND 7 OF RESOLUTION NO. 140-21 APPROVING VESTING TENTATIVE TRACT MAP NO. 8563 AND A HERITAGE TREE REMOVAL PERMIT RELATED TO THE EAST RANCH PROJECT PLPA 2020-00028 (APNS 905-0002-001-01 AND 905-0002-002-00) WHEREAS, the East Ranch project is located on a 165.5-acre in the Eastern Dublin Specific Plan area, directly east of the Jordan Ranch development and south of Positano development, straddling the existing Croak Road; and WHEREAS, 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; and WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 140-21 approving Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit related to the East Ranch project; and WHEREAS, on December 21, 2021, the City Council adopted Ordinance No. 11-21 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 905-00020002-00); and WHEREAS, on December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum against Ordinance No. 11-21 was submitted. To qualify, the referendum petition needed to contain signatures of at least 10% of the registered Dublin voters or a minimum of 3,439 signatures. The referendum petition was determined to be sufficient for filing and on January 27, 2022, the referendum petition was delivered to the Alameda County Registrar of Voters for signature examination. The Registrar of Voters determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by City Council; and WHEREAS, on March 1, 2022, the City Council adopted Ordinance No. 2-22 repealing Ordinance No. 11-21, which did not alter approval of Resolution No 140-21 approving Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit for the East Ranch project; and WHEREAS, on April 22, 2022, Perkins Coie on behalf of the Applicant, Trumark Companies, submitted a request to modify Condition of Approval Nos. 6 and 7 of Resolution No. 140-21; and WHEREAS, the request was submitted pursuant to the Housing Accountability Act (HAA) (Government Code Section 65589.5) and proposes to amend these conditions of approval to comply with the objective standards of the City’s Inclusionary Zoning Regulations; and Reso. No. 40-22, Item 6.1, Adopted 05/03/2022 Page 2 of 4 WHEREAS, Ordinance No. 11-21 was repealed in response to a referendum petition; however, the HAA expressly precludes the City from requiring a rezoning ordinance when a project is consistent with the general plan and the zoning is inconsistent with the general plan, as is the case here; and WHEREAS, the request to modify Condition of Approval Nos. 6 and 7 of Resolution No. 140-21, does not materially change Vesting Tentative Tract Map No. 8563 and, therefore, does not require a recommendation by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, 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;” and WHEREAS, in compliance with CEQA, the City prepared a CEQA Analysis in Support of Specific Plan Exemption for the East Ranch project; and WHEREAS, the amendment to the conditions of approval of Resolution No. 140-21 and the corresponding amendment to the text of Ordinance No. 11-21 incorporated by reference is found to be exempt from CEQA pursuant to 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 amendment is limited to deed-restricting the sales price of an additional 25 housing units and eliminating the requirement that Parcel P be dedicated to an affordable housing developer and, therefore, the project is exempt from further CEQA review under Government Code Section 65457 and CEQA Guidelines Section 15182(c). The amendments qualify for the exemption because it is a residential project consistent with the Eastern Dublin Specific Plan for which an environmental impact report has been certified after January 1, 1980. The certified EIRs and other environmental review documents that are applicable to this project include the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993) as supplemented by the East Dublin Properties Stage I Development Plan and Annexation Supplemental EIR (2002) and the Fallon Village Supplemental EIR (2005) and the East Ranch CEQA Analysis in Support of Specific Plan Exemption (November 4, 2021) (collectively, “CEQA Documents”). None of the events under Public Resources Code Section 21166 or CEQA Guidelines Section 15162 have occurred. There is no evidence of changed circumstances or new information since approval of Resolution 140-21 that show new or substantially more severe significant impacts. In addition, the amendments to the tentative map conditions to impose affordability restrictions on additional housing units and eliminate the dedication requirement under the existing map approval do not increase the number of approved housing units and do not constitute a substantial change in the Project resulting in new or substantially more severe significant environmental impacts than described in the CEQA Documents; and WHEREAS, a Staff Report, dated May 3, 2022, and incorporated herein by reference, described and analyzed the proposed modifications to Condition of Approval Nos. 6 and 7 for the City Council; and WHEREAS, on May 3, 2022, the City Council held a duly noticed public hearing on the proposed modifications to Condition of Approval Nos. 6 and 7 at which time all interested parties had the opportunity to be heard; and Reso. No. 40-22, Item 6.1, Adopted 05/03/2022 Page 3 of 4 WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve an amendment to Condition of Approval Nos. 6 and 7 of Resolution No. 140-21 approving the Vesting Tentative Map Tract No. 8563 and Heritage Tree Removal Permit as stated below. All other conditions of Resolution No. 140-21 remain in effect. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 6. Parcel P Reference on Map. All sheets of the Vesting Tentative Map for Tract 8563 shall be deemed to refer to Parcel P as the (Public/Semi Public Parcel) with the party identified as the proposed owner and for maintenance to be Trumark or its successor. PL, PW Approval of First Neighborhood Map 7. Inclusionary Housing. The proposed project shall comply with the City of Dublin Inclusionary Ordinance by conforming to the objective standards in that ordinance as follows: The inclusionary housing requirement is 12.5% of the total number of units within the development, which equals 72 (71.6) units and shall be satisfied as follows: • In-Lieu Fee: 40% of the total number of units within the development (29 units) shall be satisfied via payment of an “In-Lieu Fee” as provided by the City’s Impact Fee Schedule. • On-site Below Market Rate Units: 60% of the total number of units within the development (43 units) shall be developed on-site, with 40% of those (17 units) for low-income households and 60% of those (26 units) for moderate-income households. • Below Market Rate Units shall be dispersed throughout all the neighborhoods, in rough proportion to the number of market rate units in each neighborhood and constructed concurrently with the market rate units in the same PL On-going Reso. No. 40-22, Item 6.1, Adopted 05/03/2022 Page 4 of 4 BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby amend Section 4.9 of Ordinance 11-21, as that text is incorporated by reference into Resolution 140-21, to reflect the text of modified condition 7 set forth above. PASSED, APPROVED, AND ADOPTED this 3rd day of May 2022 by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: neighborhood. • Execution of an agreement imposing appropriate resale controls and/or rental restrictions on the affordable units shall be required in accordance with DMC Chapter 8.68. • The Applicant/Developer shall implement and conform to all objective requirements of DMC Chapter 8.68.