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HomeMy WebLinkAbout6.3 Sup DA Dub Ran Town CnCITY CLERK # 0600-60 AGENDA STATEMENT CITY COUNCIL MEETING DATE: (April 18, 2000) SUBJECT: PUBLIC HEARING PA 98-068, Area F; PA 98-069, Area G and PA 98- 070, Area H, Dublin Ranch Town Center Supplemental Development Agreement (Second Reading) (Report Prepared by: Eddie Peabody, Jr., Community Development Director) ATTACHMENTS: 1. Supplemental Development Agreement between the City of Dublin and the Lin Family for Dublin Ranch Areas F, G, and H 2. Ordinance Approving Development Agreement between the City of Dublin and the Lin Family RECOMMENDATION: 1. 3. 4. 5. Open public hearing and hear staff presentation Receive staff presentation and take public testimony. Question staff, applicant, and the public. Close public hearing and deliberate. Waive reading and adopt Ordinance (Attachment 2) approving the Development Agreement. FINANCIAL STATEMENT: None DESCRIPTION: An Ordinance approving a Supplemental Development Agreement between the City of Dublin and the Lin Family for Areas F, G and H of the property known as Dublin Ranch. This is a Supplemental Development Agreement required by the Master Development Agreement. The Eastern Dublin Specific Plan requires a Development Agreement between developers/applicants and the City. The City Council heard testimony and waived the first reading of the Ordinance approving the Supplemental Development Agreement at their meeting of April 4, 2000. This project is located east of Tassajara Road, north of 1-580, south of the existing and developing Dublin Ranch Phase 1 and west of eXisting and future Fallon Road, within the Eastern Dublin Specific Plan area. The Specific Plan was adopted by the City of Dublin in November 1993, and established land use designations for approximately 3,300 acres of land east of the Camp Parks military reserve. The project site was given land use designations of "Single Family, Medium, Medium-High, High Density Residential, Neighborhood and General Commercial, Campus Office, Parks, Schools, Public and Semi- Public and Open Space" land uses in the Specific Plan. COPIES TO: Applicant In House Distribution ITEM NO. The 304'acre project site is part of the 1555 acre property known as Dublin Ranch, owned by the Lin Family. Phase I of Dublin Ranch is currently under development with a combination of single family and medium density housing. The applicant is processing Area A, which encompasses single family housing surrounded by a golf course, and Areas B & C have received zoning approval. These existing Areas have been covered under the Master Development Agreement. Areas F, G and H, the Dublin Ranch Town Center, is the former Pao Lin property. This property was not covered under the Master Development Agreement, however, provision was made that a Supplemental Development Agreement could be processed to vest the project approvals. Planning Commission Action: The Planning Commission, at their meeting of March 14, 2000 reviewed the Staff Report for the proposed Supplemental Development Agreement and adopted a Resolution recommending that the City Council adopt and Ordinance accepting a Supplemental Development Agreement with the Lin Family for Areas F, G and H of Dublin Ranch. City Council Action: The City Council, at their meeting of April 4, 2000, heard a presentation from the Staff and the applicant, took public testimony and waived the first reading of the Ordinance approving a Supplemental Development Agreement with the Lin Family for Areas F, G and H of Dublin Ranch. ANALYSIS: As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is necessary prior to the final adoption of a Development Agreement. RECOMMENDATION: Staff recommends that the City Council open the Public Hearing, take testimony from staff and the public, deliberate, waive the second reading and adopt the Ordinance approving the Supplemental Development Agreement between the City of Dublin and the Lin Family for Area F, PA 98-068; Area G, PA 98-069 and Area H, PA 98-070 for the Dublin Ranch Town Center. G:98-068 2ndreaddacc.doc City of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 RE. CE..1V ~D v':'";:' "o ~BBB DUBL-~ Space above this line for Recorder's Use SUPPLEMENTAL DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBL1-NT TH]E LIN FAMILY FOR THE DUBLIN RANCH PROJECT (Areas F, G, and H) Dublin/Alameda Supplemental Development A_m-eement for Dublin Ranch Project March 7, 2000 ATTACI-EVIE~ 1 This Supplemental Development A~eement is made and entered in the CITY of Dublin on this __ day of April, 2000, by and between the CITY of Dublin, a Municipal Corporation (hereafter "CITY"), and Chang Su-O-Lin (als0 'known. as Jennifer Lin), Hong Lien Lin (also 'known as Frederic or Frederich Lin) and Hong Yao Lin (also known as Kevin Lin), (hereafter "DEVELOPER"), pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into an A~eement for the development of real property with any person having a legal or equitable interest in sUch property in order to establish certain development fights in such property. B. DEVELOPER desires to develop and holds legal interest in certain real property located in the CITY of Dublin, County of Alameda, State of California, consisting of the following: Approximately 304 acres of land (known as Areas F, G, and H) which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference and which real property is hereinafter called the "Areas F-H Property. C. The Area F-H Property is subject to a Master Development Agreement between the CITY of Dublin and the Lin Family dated June 29, 1999 and recorded in Official Records of Alameda County on July 8, 1999 as Instrument No. 99251790. D. The Master Development Agreement, in Section 6, contemplated that DEVELOPER would process an amendment to the General Plan and Specific Plan land use designations on the Areas F-H Property and seek zoning/rezoning approval for such land uses. CITY and DEVELOPER agreed therein that they would process a supplemental development agreement for the purpose of vesting the right to develop the Areas F-H Property based upon such revised land use designations for a period equal to the remaining term of the Master Development Agreement. This Supplemental Development Agreement implements that Section. E. DEVELOPER proposes the development of the Areas F-H Property with a combination of office, commercial and residential uses, (together, the "Areas F-H Project"). Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project 2 March 7, 2000 F. DEVELOPER has applied for, and CITY has apprOved, various land use approvals in connection with the development of the Areas F-H Project, including: General Plan and Specific Plan Amendments for Areas F, G, and H respectively (Resoluti on No. ) a Planned Development (PD) Rezone/Development Plan Stage 1 for Area F (Ord. No. __) and Area H (Ord. No. __) and a Planned Development (PD) Rezone/Development Plan Stage 1 and 2 for Area G(Ord. No. ~) with Development Plans. (collectively the "Areas F-H Project Approvals"). A map depicting the Gneral Plan and Specific Plan Amendments for Areas F, G, and H is attached as Exhibit B hereto. G. Developer intends to process Stage 2 Development Plans for Areas F and H. Such Stage 2 Development Plans, once approved, shall become part of the Areas F-H Project Approvals. H. The CITY Council has found that, among other things, this Supplemental Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with Chapter 8.56. I. CITY and DEVELOPER have reached a~eement and desire to express herein a Development A~eement that will facilitate development oft he Areas F-H Project subject to conditions set forth herein. J. Pursuant to the California Environmental Quality Act (CEQA) the CITY adopted Negative Declarations for the Areas F-H Project and has found that the negative declarations are adequate for this A~eementi The CITY has also found that the Areas F- H Project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("EIR") which was certified by the Council by Resolution No. 51-93 and the Addenda dated May 4, 1993, and August 22, 1994. K. On Dublin adopted Ordinance No. ordinance took effect on ,. 2000, the CITY Council of the CITY of approving this Development A~eement. The ,2000. Now, therefore, with reference ro the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER a~ee as follows: Dublin/Alameda Supplemental Development A~eement for Dublin Ranch Project 3 March 7, 2000 AGREEMENT SeCtion 1. ' DesCription of property. The property which is the subject of this Development Agreement is described in Exhibit A attached hereto (the "Areas F-H Property"). Section 2. Interest of DEVELOPER. The DEVELOPER has a legal or equitable interest in the Areas F-H Property in that it owns the Areas F-H Property in fee simple. Section 3. Effective Date and Term. Section 3.1 Effective Date. The effective date of this Agreement shall be the date upon which this Agreement is signed by CITY. " Section 3.2 Term. The term of this Development Agreement shall commence on the effective date and extend until expiration of the Master Development Agreement on June 29, 2019, unless said term is otherwise terminated or modified by ckcumstances set forth in this Agreement or by a Specific Plan Development Agreement, as defmed and described in Section 7 of the Master Development Agreement. Section 4. Effect of Supplemental Develovment A_o-reement Section 4.1 Relation to Master Development A~reement. Upon the effective date of this Supplemental Development Agreement, Section 6 of the Master Development Agreement shall terminate and shall be superseded in its entirety, by the provisions of Section 5 hereof. Except as specifically provided in this Supplemental Development Agreement, each and every term and condition of the Master Development Agreement shall apply to the Area F-H Property as if fully incorporated herein. The Master Development Agreement and this Supplemental Development Agreement shall be interpreted and applied as a single consistent agreement. In the event of a conflict between the Master Development Agreement and the Supplemental Development 'Agreement, the provisions of the latter shall prevail. ~- Section 4.2 "Area F-H Proiect" Redefined. Any reference in the Master Development Agreement or this Supplemental Development Agreement to the "Area F- H Project" is hereby amended to incorporate the Area F-H Project Approvals. Dublin/Alameda Supplemental Development A~eement for Dublin Ranch Project 4 March 7, 2000 Section 4.3 Satisfaction of Section 6 of Master Development Agreement. UpOn the effective date of this Supplemental Development. Agreement, CITY and. DEVELOPER shall have satisfied their obligations pursuant to Section 6 of the Master Development Agreement. Section 5. Use of the Areas F-H Property_. Section 5.1 Right to Develop. DEVELOPER shall have the vested right to develop the Areas F-H Property in accordance with the terms and conditions of this A~eement, the Areas F-H Project Approvals, and any amendments to any of them as shall, from time to time, be approved pursuant to this A~eement. Section 5.2 Permitted Uses. The permitted uses of the Areas F-H Property, the density and intensity of use, the height, bulk and size of proposed buildings, general provisions for reservation or dedication of land for public purposes and general location and maintenance of on-site and off-site improvements, general location of public utilities (operated by CITY) and other terms and conditions of development applicable to the Areas F-H Property, shall be those set forth in this A~eement, the Areas F-H Project Approvals and any amendments to this A~eement or the Areas F-H Project Approvals. Section 6. Ar)r)licable Rules. Regulations and Official Policies. Section 6.1 Rules re Permitted Uses. Unless otherwise expressly provided in Paragraph 5 of this Supplemental Development Agreement, for the term of this Agreement, the CITY's ordinances, resolutions, rules, regulations and official policies governing the permitted and conditional permitted uses of the Areas F-H Property, governing density and intensity of use of the Areas F-H Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the effective date of this Agreement. Section 6.2 Rules re Design and Construction of Public Improvements. The ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements '~o be constructed by DEVELOPER shall be those in force and effect at the time of the applicable permit approval for the public improvement. Section 6.3 Uniform Codes Applicable. Unless expressly provided in Paragaph 5 of this A~eement, the Areas F-H Project shall be constructed in accordance with the provisions of the CITY's adopted Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Dublin/Alameda Supplemental Development A~eement for Dublin Ranch Project 5 March 7, 2000 Building Standards, in effect at the time of approval of the appropriate building, grading, or other construction permits for the Areas F-H Project. Section 7. Amendment of Areas F-H Pro_iect Approvals. Section 25.5 of the Master Development A~eement is terminated and superseded in its entirety by this Section. Any amendment of Areas F-H Project Approvals relating to: (a) the permitted use of the Areas F-H Property; (b) provision for reservation or dedication of land; (c) conditions, terms, restrictions or requirements for subsequent discretionary actions; (d) the density or intensity of use; (e) the maximum hei~ht or size of proposed buildings; (f) monetary contributions by the DEVELOPER; or (g) public improvements to be constructed by DEVELOPER shall require an amendment of this A~eement. Any other amendment of the Areas F-H Project Approvals, or any of them. shall not require amendment of this A~m-eement unless the amendment of the Areas F-H Prqiect Approval(s) relates specifically to some provision of this A~eement. Section 8. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A. Legal Description of Areas F-H Property Exhibit B General Plan and Specific Plan Land Use Desi~m'~ations (Areas F, G and H) Section 9. Counteroarts. This A~eement is executed in three (3) duplicate originals, each of which is deemed to be an original. Section 10. Recordation. CITY shall record a copy of this Agreement within ten davs following execution by all parties. Dublin/Alameda Supplmnentat Development A~eement for Dublin Ranch Project 6 March 7, 2000 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY-OF DUBLIn: By: Date: Guy S. Houston, Mayor ATTEST: By: Date: Kay Keck, CITY Clerk Approved as to Form: By: Date: Elizabeth H. Silver, City Attorney DEVELOPER: By: Date: Chang Su-O-Lin (also known as Jennifer Lin) By: Date: Hong Lien Lin (also kno'am as Frederich or Frederic Lin) By: Hong Lao Lin (also known as Kevin Lin) Date: Approved as to Form: By: Martin Inderbitzen Attorney for Lin Family Date: Dublin/Alameda Supplemental Development A~eement for Dublin Ranch Project 7 March 7. 2000 ; ~_XHIB IT A FACE 1 OF 2 16034-20 2/18/99 F.C.I. DESCRIPTION OF "AREAS F THROUGH H PROPERTY" OF DEVELOPMENT AGREEMENT PARCEL I SEING ALL OF THAT CERTAIN PARCEL OF LANrD KNOWN AS: "RESULTANT PARCEL 1" OF LOT LIN-E A-DIUSTh~WT "L-97-05", AS RECORDED ON THE 6'm DAY OF JA3XrUARY, 1998 LN' SEK~S NO. 95-003938, .'T'kLA3v'~DA COLrNTY RECORDS, AS SHOWN UPON THAT CERTAIN RECORD OF SUR\qZY NO. 1562 AS FU_.ED ON Tk~ 4'-a DAY SEPTEhfBER, 1998, AL~VIEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOFh{ENq' AGREEM:ENT, "AREA. S F TI{ROUGH H PROPERTY" - PARCEL 1 (PORTION TO BE DEVELOPED), LYING Al,rD B_EING IN T?z CiTY OF DUBLIN, COUNq'Y OF ALAAfEDA, STATE OF CALl:FOP-dx*IA. ?ORT]'ONS OF ASSESSOR'S PARCEL NUMBER. S: 985-0005-001 AND 985-0005-002. END OF DESCRIPTION - PARCEL I PARCEL 2 BE_~G .~ALL OF z--~~AT CF_.KTAZN PARCEL OF LA~rD KNOWN AS: "RESULTAA'T PARCEL 2" O? LOT LINE ADIU£Th.~N'T 'L-97-05", .~.q RECORDED ON THE 6'm DAY OF J'XAqJA. RY, 1998 11~ SERIES NO. 98-003938, .&?_-~3 ,¢--~DA COLTNq'Y R~CORDS, .AS SHOWN UPON TI--L~.T CERTAIN R.ECORD OF SLTR\r~' NO. 1562' AS ~ '~D ON Ti~?_. 4''r~ DAY SE.P'i'~hfB=~,, i998~ AI_~M'~A COUAU-Y RECORDS, FOR PURPOSES OF A DE'VELOPAIENT AGR_EEM~NT, "AR,E.4.S F TI{ROUGi:{ H PROPERTY" - PARCEL 7_ (PORT/ON TO BE DEV=_LOPED). LYLNG A.NrD BEING LN .'i'2.-.._~ ChTY OF DU'BLL-N. COUN ~'TY OF ..-%LA.M'~:D.~ STATE OF CAT PORT'IONS OF ASSESSOR'S PARCEL NUIv[BER. S: 985-0005-001 AND 985-0005-002. ENq) OF DESCR2FTION - PARCEL 2 r-7'z,..E_D C. LN'G.~--~, LIC::ENS=_.D PROFF_.SSION.q. LA_NiD SUR\~t'OR NO. 5859 "rATE_- OF C.KL~OR_NI& MACI(A¥ & S§MP$ / Deve'lo'pment L)Ul...)ili I F'%.cli iL/i ! A~,?eement Exhibit ~ AREAS F THROUGH H Area D , Page 2 of 2 / \\ Area A Area B N.T.S- ,&rea C Development Agr~_ment Boundary Exhibit ~ to Supplemental Develop.tentAgreement for Dublin Ranch Areas F, G, & tt I fAC /~ 1.9 AC Grm~ AREA F ,..1 AR~A G NC. FI AR~AH CO North 1-580 [ Dublin Ranch Land Use Plan/General Plan & Specific Plan Land Use Designations I 6¢3~--3~/~hoto_iltu~'tr atio ns/gp-splanduses.psd ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE SUPPLEMENT/~ DEVELOPMENT AGREEMENT FOR PA 98-068, AREA F; PA 98-069, ARE3[ ¥/ikND Pa 98-070 AREA H; DUBLIN RANCH THE CITY COUNCIL OF THE CITY OF DUBIh![~I DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS ~ A. The proposed Dublin Ranch Town Center project (PA 98-068, Area F; PA 98-069, Area G and PA 98-070, Area H) is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map as Single Family, Medium, Medium-High and High Density Residential, Neighborhood and General Commercial, Campus Office, Parks, Schools, Public and Semi-Public and Open Space land uses. B. This project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). Individual Initial Studies have been prepared for each of the three Dublin Ranch Areas (Area F-SCH No. 99112040, Area G-SCH No. 99112041 and Area H-SCH No. 99112042) to evaluate site specific impacts of the project (to a greater level of detail than in the program EIR) pursuant to CEQA Guidelines, Section 15168. Based on the three Initial Studies, A Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared for each Area with the findings that, with the implementation of the Mitigation Measures previously adopted for the Program EIR and with the site specific Mitigation Measures contained in the Initial Studies, as further clarified by the Response to Comments, the potential site specific impacts of the projects would be reduced to a level of insignificance. The Program EIR and Initial Studies adequately describe the impacts of the project, and there have been no substantial changes or new information that would be outside the scope of the Program EIR. Further, that analysis found that the project is in conformity with the Eastern Dublin Specific Plan. C. The Master Development Agreement between the Lins and the City requires a further Development Agreement once the General Plan Amendment, Specific Plan Amendment and P.D. Zoning is approved for Areas F, G and H. D. A Supplemental Development Agreement between the City of Dublin and the Lins has been presented to the City Council, a copy of which is attached to the Staff Report as Attachment 1. E. A public hearing on the proposed Development Agreement was held before the Planning Commission on March 14, 2000, for which public notice was given as provided by law. F. The Planning Commission has made its recommendation to the City Council for approval of the Supplemental Development Agreement. G. A public hearing on the proposed Development Agreement was held before the City Council on April 4, 2000 and April 18, 2000, for which public notice was given as provided by law. H. The City Council has considered the recommendation of the Planning Commission who considered the item at the March 14, 2000 meeting, including the Planning Commission's reasons for its ATTACHMENT 2 recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the EIR, (f) The individual Mitigated Negative Declarations (g) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use designation for the site is Single Family, Medium, Medium-High, and High Density Residential, Neighborhood and General Commercial, Campus Office, Parks, School, Public and Semi-Public and Open Space Land Uses and the proposed project is a project consistent with that land use, (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services, and (c) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the project approvals include a General Plan Amendment, Specific Plan Amendment, A Stage 1 Planned Development Rezoning adopted specifically for Areas F and H and both a Stage 1 and Stage 2 Development Plan approved for Area G, the Dublin Ranch Town Center Project. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Dublin Ranch Town Center Project will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential, commercial, parks, schools, public and semi-public, open space and campus office uses at this location. 4. The Development Agreement will not be detrimental to the health, safety and general welfare in that the project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. 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 and with the Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report) and authorizes the Mayor to sign it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk shall submit the Agreement to the County Recorder for recordation. 2 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 the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 18h day of April, 2000, by the following votes! AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY G:98-068 ord da