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HomeMy WebLinkAbout98-068 DubRchFG&H 03-14-2000CITY OF DUBLIN PLANNING COMMISSION AGENDA SUBJECT: PREPARED BY: DESCRIPTION: ATTACHMENTS: RECOMMENDATION: BACKGROUND: AGENDA STATEMENT/STAFF REPORT for March 14, 2000 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 Michael Porto, Consulting Planner An Ordinance approving a Supplemental Development Agreement between the City of Dublin and the Lin Family. The Supplemental Development Agreement is required by the Eastern Dublin Specific Plan and the Master Development Agreement. This Supplemental Development Agreement vests the rights of the applicant/developer to develop the Areas F-H properties in accordance with the terms and conditions of this Agreement and the Areas F-H. Supplemental Development Agreement Ordinance Resolution Recommending Approval to the City Council Recommend that the City Council adopt an Ordinance approving a Development Agreement for the Dublin Ranch Town Center Development Areas F-H. This project is located east of Tassajara Road, north of I-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. 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. COPIES TO: Applicant/Property Owner PA File: 98-068, 069 and 070 ITEM NO. ~ The Planning Commission, at their meetings of December t 4, 1999 and January 11, 2000 reviewed the General Plan and Specific Plan Amendments, the Stage 1 Planned Development Rezone for Areas F and H and both a Stage 1 and Stage 2 Planned Development Rezone for Area G and individual Mitigated Negative Declarations and Mitigation Monitoring Plans for the three Areas and recommended to the City Council that they approve the above-referenced entitlements. The City Council heard a presentation from staff and the applicant at their meeting of February 15, 2000 and continued the item to their meeting of March 7, 2000 in order to review the overwhelming volume of information. ANALYSIS: Procedural Background: One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into Development Agreements with developers in the plan area. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project for a specified period of time. Additionally, it is a mechanism for the City to obtain commitments from the developer that the City might not otherwise be able to obtain. The Development Agreement is one means the City has to assure that the Specific Plan goal, that new development fund the costs of infrastructure and service, is met. However, in the case of this "Supplemental" Development Agreement, the "Master" Development provided a mechanism to vest the approvals before Council without obtaining commitments from the developer regarding infrastructure improvements. Subsequent Development Agreements will be made with developers of individual parcels of land within the project area (Areas F, G & H) which, at that time, will allow the City the opportunity to gain the commitment the developer regarding the necessary infrastructure. City procedure requires that there be three public hearings on Development Agreements. The purpose for the hearing before the Planning Commission is to recommend the approval for the Agreement to the City Council. DEVELOPMENT AGREEMENT: Attached to this Staff Report is a Supplemental Development Agreement (Attachment 1) between the City of Dublin and the Lin Family. This Supplemental Development Agreement is based on the standard Development Agreement developed by the City Attorney and adopted by the City Council for Eastern Dublin Projects and conforms to the requirements of the Master Development Agreement. In general, the Supplemental Agreement will vest the approvals for Areas F, G and H for the remaining term of the Master Development Agreement. In particular it will vest the Stage 1 and Stage 2 Development Plans for Area G and the Stage 1 Development Plans for Areas F and H. It then provides that the Stage 2 Development Plans for Areas F & H will become a part of the "Project Approvals" once approved and will be vested at that time The Agreement: The City Attorney drafted the proposed Development Agreement with input from City staff, the Lin Family Staff and consultants and their attorneys. The Development Agreement sets forth the agreements between the parties in relation to the project approval recently granted The Development Agreement becomes effective for a term commensurate with the Master Development Agreement which was recorded in July of 1999; approximately 20 years. The Development Agreement runs with the land and the rights thereunder can be assigned. The Supplement Development Agreement is included Attachment 1. CONCLUSION: Approval of this Supplemental Development Agreement will implement provisions of the Eastem Dublin Specific Plan. The proposal is consistent with both the General Plan and Specific Plan. GENERAL INFORMATION: APPLICANT/PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: GENERAL PLAN DESIGNATION: SPECIFIC PLAN DESIGNATION: EXISTING ZONING AND LAND USE: Martin W. lnderbitzen, for Jennifer Lin, et. Al 5510 Sunol Boulevard, Suite A Pleasanton, CA 94566 North of 1-580, west of existing and future Fallon Road, east of Tassajara Road and south of the existing developing Dublin Ranch Phase 1 985-0005-001,985-0005-002 Single Family, Medium, Medium-High, High Residential, Neighborhood and General Commercial, Campus Office, Parks, Schools, Public and Semi-Public and Open Space Single Family, Medium, Medium-High, High Residential, Neighborhood and General Commercial, Campus Office, Parks, Schools, Public and Semi-Public and Open Space PD Single Family, Medium, Medium-High, High Residential, Neighborhood and General Commercial, Campus Office, Parks, Schools, Public and Semi-Public and Open Space Land Use: Presently Vacant/Agriculture (g:pa98068\PCSR DA.doc) 3 City of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's Use SUPPLEMENTAL DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH PROJECT (Areas F, G, and H) Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project February 2000 ATTACHMENT 1 This Supplemental Development Agreement is made and entered in the CITY of Dublin on this __ day of February, 2000, by and between the CITY of Dublin, a Municipal Corporation (hereafter "CITY"), and Chang Su-O-Lin (also 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. Califomia 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 Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and 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"); and Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Prt~iect 2 February 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 (Resolution 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"); and 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; and I. CITY and DEVELOPER have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Areas F-H Project subject to conditions set forth herein; and 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 Agreement. 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; and K. On Dublin adopted Ordinance No. ordinance took effect on ,2000, the CITY Council of the CITY of approving this Development Agreement. The ., 2000. Now, therefore, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER agree as follows: Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Pr~iect 3 February 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 circumstances set forth in this Agreement or by a Specific Plan Development Agreement, as defined and described in Section 7 of the Master Development Agreement. Section 4. Effect of Supplemental Development Agreement Section 4.1 Relation to Master Development Agreement. 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. Dublin/Alameda Supplemental Development Agreement fbr DubLin Ranch Pr(~ject 4 February 2000 Section 4.2 "Area F-H Project" 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. 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 Agreement, the Areas F-H Project Approvals, and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. 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 Agreement, the Areas F-H Project Approvals and any amendments to this Agreement or the Areas F-H Project Approvals. Section 6. Applicable 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 to be constructed by DEVELOPER shall be those in force and effect at the time of the applicable permit approval for the public improvement. Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project 5 February 2000 Section 6.3 Uniform Codes Applicable. Unless expressly provided in Paragraph 5 of this Agreement, 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 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 Project Approvals. Section 25.5 of the Master Development Agreement 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 height 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 Agreement. Any other amendment of the Areas F-H Project Approvals, or any of them, shall not require amendment of this Agreement unless the amendment of the Areas F-H Project Approval(s) relates specifically to some provision of this Agreement. 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_ Figure 1-2B (General Plan) as amended Exhibit C Figure 4.1 (Specific Plan) as amended Section 9. Counterparts. This Agreement 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 days following execution by all parties. Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Prqiect 6 February 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 known as Frederich or Frederic Lin) By: Date: Hong Lao Lin (also known as Kevin Lin) Approved as to Form: By: Date: Martin Inderbitzen Attorney for Lin Family Dublin/Alameda Supplemental Development Agreement for Dublin Rm~ch Prqiect 7 February 2000 LEGAL DESCRIPTION Order No. 592999 Page No. 4 REAL PROPERTY in the City of Dublin, County of Alameda, State of Catifomia, described as follows: Being a portion of those certain parcels of land known as: "Parcel 1" and "Parcel 2" in the Deed conveyed to Pao-Yeh Lin, et al, as recorded on the 23rd Day of November, 1977 in Reel 5151, Image 165, Official Records of Alameda County, California, for purposes of a lot line adjustment, and being mom particularly described as follows: Beginning at the Northwest comer of said "Parcel 1 "; thence along the Northerly property lines of said "Parcel 1" and "Pamel 2", also being the Northerly line of Rancho Santa Rita, South 89° 40' 00" East 2519.88 feet more or less to the Northeast comer of said "Parcel 2"; thence along the Easterly property line of said "Parcel 2" South 0° 30' 00" East 3970.00 feet; thence departing from said Easterly line and entering said "Parcel 1" and "Parcel 2" perpendicular in a Westerly direction South 89° 30' 00" West 450.00 feet; thence North 79° 20' 26" West 1637.20 feet more or less (approximate bearing and distance) to a point that measures the following two (2) courses from the point of beginning: (1) along the Westerly property line of said "Parcel 1" South 0° 04' 09" West 3685.00 feet, and (2) perpendicular to the aforesaid Westerly property line of said "Pamel I" in an Easterly direction South 89° 55' 51" East 500.00 feet; thence along said perpendicular line North 89° 55' 51" West 500.00 feet to a point on the Westerly property line of said "Parcel 1" that measures 3685.00 feet from said point of beginning; thence along said Westerly property line North 0° 04' 09" East 3685.00 feet to said point of beginning. A.P. No. 985-5-1 (portion) and 985-5-2 (portion) EXHIBITA AREA F AND G EXHIBIT A1 LEGAL DESCRIPTION Order No. 592434 Page No. 5 REAL PROPERTY in the City of Dublin, County of Alameda, State of California, described as follows: PARCEL ONE: Being a portion of those certain parcels of land known as: "Parcel 1" and "Parcel 2" in the Deed conveyed to Pao-Yeh Lin, et al, as recorded on the 23rd Day of November, 1977 in Reel 5151, Image 165, Official Records of Alameda County, California, for purposes of a lot line adjustment, and being more particularly described as follows: Beginning at the Northwest comer of said "Parcel I"; thence along the Northerly property lines of said "Parcel 1" and "Parcel 2", also being the Northerly line of Rancho Santa Rita, South 89° 40' 00" East 2519.88 feet more or less to the Northeast comer of said "Parcel 2"; thence along the Easterly property line of said "Parcel 2" South 0° 30' 00" East 3970.00 feet; thence departing from said Easterly line and entering said "Parcel 1" and "Parcel 2" perpendicular in a Westerly direction South 89° 30' 00" West 450.00 feet; thence North 79° 20' 26" West 1637.20 feet more or less (approximate bearing and distance) to a point that measures the following two (2) courses from the point of beginning: (1) along the Westerly property line of said "Parcel 1" South 0° 04' 09" West 3685.00 feet, and (2) perpendicular to the aforesaid Westerly property line of said "Parcel 1" in an Easterly direction South 89° 55' 51" East 500.00 feet; thence along said perpendicular line North 89° 55' 51" West 500.00 feet to a point on the Westerly property line of said "Parcel 1" that measures 3685.00 feet from said point of beginning; thence along said Westerly property line North 0° 04' 09" East 3685.00 feet to said point of beginning. A.P. No. 985-5-1 (portion) and 985-5-2 (portion) PARCEL TWO: Being a portion of those certain parcels of land known as: "Parcel 1" and "Parcel 2" in the Deed conveyed to Pao-Yeh Lin, et al, as recorded on the 23rd Day of November 1977 in Reel 5151, Image 165, Official Records of Alameda County, California, for purposes of a lot line adjustment, and being more particularly described as follows: All of said Lin "Parcel I" and "Parcel 2" excepting therefrom the following described property: Beginning at the Northwest comer of said "Parcel 1"; thence along the Northerly property lines of said Lin "Parcel 1" and "Parcel 2", also being the Northerly line of Rancho Santa Rita, South 89° 40' 00" East 2519.88 feet more or less to the Northeast comer of said "Parcel 2": thence along the Easterly proper~y line of said "Parcel 2" South 0° 30' 00" East 3970.00 feet: thence departing from said Easterly line and entering said "Parcel 1' and "Parcel 2" perpendicular in a Westerly direction South 89° 30' 00" West 450.00 feet; thence North 79° 20' 26" West 1637.20 feet more or less (approximate bearing and distance) to a point that measures the following two (2) courses from the point of beginning: (1) along the Westerly property line of said "Parcel 1" South 0° 04' 09" West 3685.00 AREA H EXHIBIT A2 Order No. 59_4.~4 Page No. 6 feet, and (2) perpendicular to the aforesaid Westerly property line of said "Parcel I" in an Easterly direction South 89© 55' 51" East 500.00 feet; thence along said perpendicular line North 89° 55' 51" West 500.00 feet to a point on the Westerly property line of said "Parcel 1" that measures 3685.00 feet from said point of beginning; thence along said Westerly property line North 0© 04' 09" East 3685.00 feet to said point of beginning. Also excepting therefrom that portion contained in the Final Decree of Condemnation to the State of California, recorded August 27, 1969, Reel 2467, Image 563, Official Records of Alameda County. California. Also excepting therefrom that portion contained in the Final Decree of Condemnation to the State of California, recorded January 7, 1969, Reel 2322, Image 969, Official Records of Alameda Count,, California. Also excepting therefrom that portion contained in the Deed to the State of California, recorded Jul3' 18, 1950, Book 6166, Page 447, Official Records of Alameda County, California. A.P. No. 985-5-1 (portion) and 985-5-2 (portion) EXHIBITA Exhibit to Supplemental Development Agreement for Dublin Ranch Areas F, G, & H AREA F AREA G NC AREA H GC~ CO North ......... 12580 Dublin Ranch Areas F, G, & H Land Use Plan/General Plan & Specific Plan Land Use Designations EXHIBIT B & C ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR PA 98-068, AREA F; PA 98-069, AREA F AND PA 98-070 AREA H; DUBLIN RANCH THE CITY COUNCIL OF THE CITY OF DUBLIN 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. Council on A public hearing on the proposed Development Agreement was held before the City ., 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 ~vill 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. 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 __~h day of __, 2000, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY G:98-068 ord da RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR PA 98-068, AREA F, PA 98-069, AREA G AND PA 98-070, AREA H DUBLIN RANCH TOWN CENTER WHEREAS, Martin W. Inderbitzen, on behalf of Jennifer Lin, et.al has requested approval of a Supplemental Development Agreement for Areas F, G and H, Dublin Ranch Town Center comprised of approximately 304 acres easterly of Tassajara Road, northerly of I-580 southerly of the existing Phase I development of Dublin Ranch and westerly of existing and future Fallon; and WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, a Supplemental Development Agreement is required for Areas F, G and H by the Master Development Agreement between the City of Dublin and the Lin Family I order to vest the development rights obtained through the processing of a General Plan/Specific Plan Amendment, Stage 1 Planned Development Rezone for Areas F and H and both a Stage 1 and 2 Planned development Rezone for Area G; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15182 the Planning Commission finds 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) by the City Council by Resolution No. 51-93 and the Addenda dated May 4, 1993, and August 22, 1994 (the "EIR), and further finds that the proposed project is consistent with the Adopted Eastern Dublin Specific Plan; and WHEREAS, individual Initial Studies have been prepare for each of the three Dublin Ranch Areas (Area F-SCH No. 99t 12040, Area G-SCH No. 99112041 and Area H-SCH No. 99110242) to evaluate site specific impacts of the project (to a greater level of detail than 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 of the three Areas with the finding that, with the site specific Mitigation Measures contained in the Initial Studies, as further clarified in 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 proposed project, and ther have been no substantial changes or new information that would be outside the scope of the Program EIR; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 14,2000 and ATTACHMENT 3 WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted to the Planning recommending that the Planning Commission recommend that the City Council approve the Supplemental Development Agreement; 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 make the following findings and determinations regarding said proposed Supplemental Development Agreement: 1. Said Agreement is consistent with the objectives, policies, general land uses and programs specified in the City of Dublin General Plan and the Eastern Dublin Specific Plan in that, a) the General Plan and Eastern Dublin Specific Plan land use designations for the subject site are Single Family, Medium, Medium-High and High Density Residential, Neighborhood and General Commercial, Parks, Schools, Public and Semi-Public and Opens Space Land uses and that the Town Center Development of Dublin Ranch is consistent with those designations; b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's General Plan and Eastern Dublin Specific Plan; c) the Supplemental Agreement sets forth the rules the Developer and City will be governed by during the development process which is required by the Eastern Dublin Specific Plan; and the Mitigation Monitoring Program of the Eastern Dublin Specific Plan. 2. Said 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 included a General Plan and Specific Plan Amendment, Stage 1 Planned Development Rezone for Areas F and H and both a Stage I and Stage 2 Planned Development Rezone for Area G. 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Town Center Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and City of Dublin General Plan which have planned for the land uses approved at this location. 4. Said Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Master Development Agreement, the Supplemental Development Agreement and Conditions of Approval for the Project. 5. Said Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan. 2 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Supplemental Development Agreement between the Lin Family and the City of Dublin for PA 98-068, PA 98- 069 and PA 98-070, Dublin Ranch Town Center Project. PASSED, RECOMMENDED AND ADOPTED this 14th day of March, 2000. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director G:\PA98-068\pcdares