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HomeMy WebLinkAbout8.2 Attch 3 Exh A OrdApprovingPDAgmtORDINANCE NO. XX -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************** APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR PA 08-002 SORRENTO EAST AT DUBLIN RANCH (DUBLIN RANCH AREA F EAST) BETWEEN THE CTY OF DUBLIN AND REGENT LAND INVESTMENT LLC THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed project known as Sorrento East at Dublin Ranch (Dublin Ranch Area F East) is located within the boundaries of the Eastern Dublin Specific Plan, and was included in a group of amended approvals for Planned Development under PA 08-002. B. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15168, the Developer's project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93, the Addenda dated May 4, 1993 and August 22, 1994 (hereafter "Eastern Dublin EIR" or "program EIR") (SCH91103064), incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and area wide mitigation measures for developing Eastern Dublin. In 2000, the City Council adopted a Mitigated Negative Declaration for development of Area F (Resolution 34-00, incorporated herein by reference). In connection with project PA 01-037 for Dublin Ranch Area F, the City Council adopted an Addendum (Resolution No. 43-04) that is available for review in the planning department and is incorporated herein by reference. In connection with project PA 04-042 Sorrento at Dublin Ranch Area F West and Area F East and consistent with CEQA and the CEQA Guidelines, the City made a determination that the project was adequately addressed and would cause no environmental impacts beyond those previously identified and addressed. In connection with project PA 08-002 for Sorrento East, the City Council adopted an Addendum to the prior EDEIR and MND (Resolution No. -10) that is available for public review in the planning department and is incorporated herein by reference. All adopted EDEIR and MND mitigation measures continue to apply to the project area; and C. A Development Agreement between the City of Dublin and Regent Land Investment LLC, a Delaware limited liability corporation ("Developer") for Sorrento East was approved on October 2, 2007. An amended Development Agreement has been presented to the City Council attached hereto as D. A public hearing on the proposed amended Development Agreement was held before the Planning Commission on March 9, 2010, 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 the Development Agreement (Resolution , incorporated herein by reference). EXHIBIT A TO ATTACHMENT 3 F. A public hearing on the proposed Development Agreement was held before the City Council on , 2010, for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at their March 9, 2010 meeting, including the Planning Commission's reasons for its recommendation, the Addendum and prior EIR and MND, 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 prior EIR and MND; (f) the Addendums; and (g) the Staff Report, 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 Medium Density Residential and Neighborhood Park, and the proposed project is 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 amendments to approved Stage 1 Development Plan, Stage 2 Development Plan, Site Development Review and Vesting Tentative Maps. 3. The Development Agreement is in conformity with public convenience; general welfare and land use policies in that the Developer's project will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for Medium Density Residential and Neighborhood Park uses at this location. 4. The Development Agreement will not be detrimental to the health, safety and general welfare in that the Developer's 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 amended Development Agreement (Exhibit - to the Ordinance) and authorizes the Mayor to execute it. 2 Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, 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 day of 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk GAPA#120081PA 08-002 Regents Land Inv Sorrento EastlPlanning Commissionlcc da ordinance for sorrento east. DOC 3