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HomeMy WebLinkAboutOrd 04-95 Amend DA Hansen RanchPA 91-099 ORDINANCE NO. 4 - 95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO HANSEN RANCH PROJECT DEVELOPMENT AGREEMENT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The City of Dublin and California Pacific Homes, Inc., formerly known as the Donald L. Bren Company, previously entered into a Development Agreement for the Hansen Hill Ranch project dated March 25, 1992. B. The Donald L. Bren Co. has changed its name to California Pacific Homes, Inc. C. California Pacific Homes has filed an application requesting an amendment to the Hansen Hill Ranch Development agreement to modify Conditions No. (a.) and (b.) of Subparagraph 5.3.2. of Exhibit "B" of City of Dublin Development Agreement for the Hansen Hill Ranch project. The proposed modification will allow for the construction of the creek access road referred to in this Condition (on the south side of the creek) to be reduced in width from 12 feet to 8 feet and be constructed with the project phases, will provide for a 12' wide access road on the north side of the creek, and will eliminate the requirement for an access road to be extended in a designated area which is off of the project site. A copy of the proposed Development Agreement Amendment is attached hereto as Attachment 1. D. Public hearings on the proposed Development Agreement Amendment were held before the Planning Commission on January 17, and February 6, 1995, for which public notice was given as provided by law. E. The Planning Commission has made its recommendation to the City Council for approval of an amendment to the DevelOpment Agreement, which recommendation includes the Planning Commission's determinations with respect to the matters set forth in Section 8.12.080 of the Dublin Municipal Code. F. A public hearing on the proposed Development Agreement Amendment was held before the City Council on February 27, 1995, for which public notice was given as provided by law. Said public hearing was continued to March 13, 1995. G. The City Council has considered the recommendation of the Planning Commission (Planning Commission Resolution No. 95-06), including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. H. The previously adopted Negative Declaration for the Hansen Hill Ranch Development, Agreement adequately covers the environmental setting and potential environmental impacts of this project. Section 2 FINDINGS AND DETERMINATIONS Therefore, on the basis of the foregoing Recitals, the City Council finds and determines that: The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan in that a) the project approvals of said Agreement include a General Plan Amendment adopted specifically for the Hansen Hill Ranch project, and b) said Agreement furthers the affordable housing, parks, and open space policies of the General Plan; . The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that the project approvals include a Planned Development Rezoning adopted specifically for the Hansen Hill Ranch Project; . The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that said Agreement will provide public access to property that was previously private and not accessible, will provide funds for affordable housing which will improve general welfare, and will provide land use and access that are consistent and compatible with adjacent land use; . . The Development Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the project's environmental impact report and mitigation measures; and The Development Agreement 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. Section 3. APPROVAL The City Council hereby approves the Development Agreement amendment (Attachment 1) and authorizes the Mayor to sign it. Section 4. RECORDATION Within ten days after the Development agreement is executed by the Mayor, the City Clerk shall submit the Agreement to the County recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. 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. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 13th day of March, 1995, by vote as follows: AYES: Counci~rs Barnes, Burton, Howard and Moffatt NOES: Mayor Houston ABSENT: None ABSTAIN: None (g:pa\94054\ccordda2) -2- AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DONALD L. BREN COMPANY REGARDING THE HANSEN HILL PROJECT THIS AMENDMENT ("Amendment") dated for identification as of February 27, 1995, is entered into by and between the City of Dublin, a municipal corporation ("City"), and California Pacific Homes, Inc. successor in interest to the Donald L. Bren Company, a California corporation ("Developer"). RECITALS This Amendment is entered into on the basis of the following facts, intentions and understandings of the Parties heretO: A. The Parties previously entered into that certain Development Agreement/City'of Dublin for the Hansen Hill Ranch Project dated March 25, 1992 ("Development Agreement"). B. The Donald L. Bren Company has changed its name to California Pacific Homes, Inc. C. The Parties now wish to amend the Development Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto hereby agree to amend the Development Agreement as follows: 1. Name Change... The reference on page 1 of the Development Agreement to "DONALD L. BREN COMPANY, a California corporation" is replaced by "CALIFORNIA PACIFIC HOMES, INC., a California corporation" and the reference in paragraph 21 to "Donald L. Bren Company" and the address for DEVELOPER is changed to: California Pacific Homes, Inc. 1 Civic Plaza, Suite 300 Newport Beach, CA 92660 Attn.: Jeffrey Slavin, President ATTACHMENT 2. Amendment to Exhibit B Subparagraph 5.3.2 (a).:. Exhibit B, Subparagraph 5.3.2,, Subparagraph (a) of the Development Agreement is hereby modified to read as follows: "DEVELOPER shall construct an 8-foot wide aggregate base access trail (the "Access Trail") over the Property along Martin Canyon Creek as described in Condition No. 76 to the CITY's approval of the Tentative Map for PA 89-062 ("Condition 76"), and as modified in various conditions of the City's approval of Tentative Map Amendment for PA 94-054. The Access Trail, together with that portion of the Property lying between the fence to be constructed by Developer pursuant to Condition 76 and the northern boundary of the Property, shall be dedicated to the CITY for public access and maintenance purposes. The aggregate-base access road (the "Access Road") proposed along the north side of the creek and east of Martin Canyon Road shall be 12 feet wide, and shall be dedicated to the City with the creek improvements, to the satisfaction of the Public Works Director and subject to the approval of the Department ofFish and Game and the Army Corps of EngineerS. The width of the Access Road may be reduced in some limited areas where needed for tree preservation, but the Access Road shall be no less than 8 feet wide in these limited segments. The construction and dedication required by this paragraph shall occur either in two phases, concurrent with the two phases of project construction, or the entire length of the road shall be constructed with Phase I of the project. At a minimum, that portion of the Access Road and Access Trail adjacent to and associated with Phase 1 shall be improved and dedicated to the City prior to occupancy of any units in Phase 1. When the creek area is dedicated to the city for maintenance of the public open space, the City will accept, and be responsible for maintaining, the improved Access Road and Access Trail, and the open space and creek areas which are accessed from these. The City shall determine the acceptable level of maintenance to be provided by the City. Upon dedication, DEVELOPER shall be released from all liability for the maintenance of the property so dedicated." 3. Amendment to Exhibit B Subparagraph 5.3.2. (b): Exhibit B, Subparagraph 5.3.2., subparagraph (b) of the Development Agreement, is hereby modified to read as follows: "There shall be turn around improvements made at the ultimate west end of the creek Access Road and Access Trail, which shall be aggregate base for maintenance vehicles and police patrol purposes. Temporary turnarounds shall be constructed if needed at the ends of the Access Road and Access Trail in Phase I, subject to the determination of the Public Works Director." 2 IN' WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of this date and year first above written. CITY OF DUBLIN By: Name: Its: Approved as to form: (NOTAI~2aJI1ON ATI'ACHED) City Attorney Attest: City Clerk CALIFORNIA PACIFIC HOMES, INC. By: Name: Its: (NOTARIZATION ATTACHED) (pa#\1994\94054qibbyda)