HomeMy WebLinkAbout8.1 Attch 2 Exh A CC Ord Amd 1 to DA ORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCfL OF THE CITY OF DUBLIN
APPROVING AMENDMENT 1 TO THE DEVELOPMENT AGREEMENT FOR DUBLIN
TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN ST~?TION) PA 09-002
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Dublin Transit Center Site E-1 ("Project") 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
for a combination of High Density Residential, Campus Office and Public/Semi Public land uses.
B. Pursuant to the California Environmental Quality Act (CEQA), this Project is exempt
from CEQA pursuant to Government Code Section 65457 which exempts residential projects
that are consistent with a specific plan from further environmental review. Additionally, the
Project is within the scope of the Final Environmental Impact Report for the Dublin Transit
Center General Plan Amendment, Eastern Dubfin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002 (Transit
Center EIR). Furthermore, there are no supplemental impacts that would require preparation of
a Supplemental Environmental Impact Report.
C. A Development Agreement between the City of Dublin and Western Pacific
Housing (doing business as D. R. Horton) was approved in March 2006 (Ordinance 5-06).
Amendment 1 to the Development Agreement has been presented to the. City Council. The
Amendment is attached to this Ordinance as Exhibit A-1.
D. A public hearing on the proposed Amendment 1 to the Development Agreement
was held before the Planning Commission on September 14, 2010, for which public notice was
given as provided by law.
D. The Planning Commission has made its recommendation to the City Council for
approval of Amendment 1 to the Development Agreement (Resolution 10-xx, incorporated
herein by reference).
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 its September 14, 2010 meeting, 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.
EXHIBIT A TO
ATTACHMENT 2
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 Transit Center EIR; and (f) the Staff Report, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The Agreement is consistent with the objectives, policies, general land uses and
programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern
Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be
Planned Development and that the proposed Site E-1 residential development is consistent with
that designation; b) the project is consistent with the fiscal policies in relation to provision of
infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the
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. The 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 amended Planned Development Rezone, Site Development Review and
Vesting Tentative Maps.
3. The Agreement is in conformity with public convenience, general welfare and good
land use practice in fhat the Developer's project will implement land use guidelines set forth in
the Eastern Dublin Specific Plan/Genera( Plan and the Dublin Transit Center Stage 1
Development Plan.
4. The Agreement will not be detrimental to the health, safety and general welfare in
that the development will proceed in accordance with the Agreement and any Conditions of
Approval for the Project.
5. The 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 Eastern Dublin Specific Plan/General Plan.
6. Pursuant to the California Environmental Quality Act, the City Council finds that
the Project is exempt from CEQA pursuant to Government Code section 65457 because it
implements a residential project that is consistent with a specific plan for which an EIR has been
certified. The Project is within the scope of the certified Transit Center EIR. The City Council
finds that no further environmental review under CEQA is required for the proposed Project
because there is no substantial evidence in the record as a whole that any of the standards
under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for the preparation
of a subsequent or supplemental EIR are met
Section 3. APPROVAL
The City Council hereby approves the Amendment No. 1 to the Development Agreement ~
(Exhibit A-1 to the Ordinance) and authorizes the Mayor to execute it.
~
Section 4. RECORDATION
Within ten (10) days after the Amendment No. 1 to 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
G:IPA#120091PA 09-002 Site E-11PC 09 14 20101PC Att 2- Exhibit A- DA Ord.DOC