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Home My WebLink AboutOrd 26-10 Dub Rch Master DA AmendORDINANCE NO. 26 - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* APPROVING AMENDMENT NO. 2 TO THE MASTER DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RAfVCH NORTH PROJECT (AREAS A, B, C, D, E, F, G AND H) PA 07-006 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Grafton Plaza Project ("Project") is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan) in an area that is designated on the General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as Mixed Use 2/Campus Office. B. The Project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin Specific Plan (SCH #91103064), certified by City Council Resolution 51-93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In February 2000, the City Council adopted a Mitigated Negative Declaration for a General Plan Amendment, an Eastern Dublin Specific Plan Amendment and a Stage 1 Development Rezone for Area H. C. In May 2010, the City Council adopted Resolutions 75-10 and 76-10 adopting a Mitigated Negative Declaration, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and approving amendments to the General Plan and Eastern Dublin Specific Plan for the Grafton Plaza project site, and in June 2010, the City Council adopted Ordinance 10-10 approving a PD - Planned Development Rezone and a related Stage 1 Development Plan for the Grafton Plaza project site (Resolutions 75-10, 76-10 and Ordinance 10-10 are collectively referred to as the "2010 Approvals"). D. The City desires to amend the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin ~anch Project (Areas A, B, C, D, E, F, G and H) to reflect the changes made by the 2010 Approvals. E. A public hearing on the propose~ Amendment No. 2 to the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) ("the Amendment") was held before the Planning Commission on October 12, 2010, for which public notice was given as provided by law. F. At its October 12, 2010 meeting, the Planning Commission adopted Planning Commission Resolution No. 10-48 recommending that the City Council adopt an Ordinance approving the Amendment. Page 1 of 3 G. A public hearing on the proposed Amendment was held before the City Council on November 16, 2010 for which public notice was given as provided by law. H. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the Staff Report, 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 Specific Plan, (d) the Eastern Dublin EIR, (e) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Amendment's provisions reflect the changes approved in the 2010 Approvals and do not make any other changes to the Master Development Agreement between the City of Dublin and the Lin. Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H). 2. The Amendment is consistent with the objectives, policies, land uses and programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan in that (a) the Project, as approved by the 2010 Approvals, is consistent with the existing flex land use designation of the site (Mixed Use 2/Campus Office), (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; and (c) the Amendment includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan for Grafton Plaza. 3. The Amendment 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, as approved by the 2010 Approvals, include a General Plan Amendment, Eastern Dublin Specific Plan Amendment and a Planned Development Rezone with a Stage 1 Development Plan for the Grafton Plaza project site. 4. The Amendment is in conformity with public convenience, general welfare and good land use policies in that the Project, as approved by the 2010 Approvals, will implement land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan which have planned for a mix of residential, commercial and office uses at this location. 5. The Amendment will not be detrimental to the health, safety and general welfare in that the Project, as approved by the 2010 Approvals, will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 6. The Amendment wrll not adversely affect the orderly development of property or the preservation of property values in that the Project, as approved by the 2010 Approvals, will be consistent with the General Plan and with the Specific Plan. Page 2 of 3 Section 3. APPROVAL The City Council hereby approves Amendment No. 2 to the Master Development Agreement between the City of Dubfin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) attached hereto as Exhibit A and authorizes the City Manager to execute it. 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, APPROVED AND ADOPTED this 7th day of December 2010 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None J~i ~~,~' ~ Mayor ATTEST: ` n ~ ~~ City Clerk Ord No. 26-10, Adopted 12-7-10, Item 4.2 Page 3 of 3 ~~~~i~ ~ ~~ O p ~~Op~ RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded 1NIai1 To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383. Space above this line for Recorder's use AMENDMENT NO. 2 TO MASTER DEVELOPMENT AGREEMENT BETWEEN 1'HE CITY OF DUBLIN AND THE LIN FANIILY FOR THE DUBLIN RANCH PROJECT (Areas A, B, C, D, E, F, G, and I~ THIS AMENDMENT NO. 2 TO MASTER DEVELOPMENT AGREEMENT ("the Amendment") is hereby entered into this _ day of , 2010 by and among the City of Dublin ("the City") and S and V, LLC, a Delawaze Iimited liability company and Her Lin Ling, an individual (collectively "the Developer"). , Recitals A. City and Developer's predecessor in interest entered into that certain development agreement entitled "Master Development Agreement Between the City of Dublin and 'The Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)," dated May 18, 1999, which agreement was amended by (a) the "Supplemental Development Agreement Between the City of Dublin and The Lin Family for the Dublin Ranch Project (Areas F, G and I-~", dated April 18, 2000 and (b) the Amendment to Master Devel'opment Agreement Between the City of Dublin and The Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H and "Wa11is Ranch"), dated June 21, 2005 (hereafter together referred to as the "Master Deyelopment Agreement"). B. At the time that is was entered into the Master Development Agreement covered approximately 1,119 acres of undeveloped land within the City ("the Property"). Subsequently, Developer's predecessor has transfened a substantial portion of the Properly to other entities for development, and some of the property has been developed. C. In the course of those transfers, Developer's predecessor in interest has in some cases assigned its rights; duties, interests; and obligations under the Master Development Agreement to the transferrees. EXHIBIT A TO ATTACHMENT 2 ~i~,,~~ D. Developer is the owner of approximately 12.23 acres of property, lrnown as the "Grafton Plaza Property," as more particularly described on Ezhibit A to this Assignment, that is a portion of the property covered by the Master Development Agreement. E: As to the Crrafton Plaza Property, Developer's predecessor in interest assigned its rights, duties, interests, and obligations in and under the Master Development Agreement, and Developer assumed those rights, duties, interests, and obligations. F. Section 25.5 of the Master Agreement provides that any amendments to the Areas F-H Project Approvals "shall require an amendment" of the Master Development Agreement. G. Developer has applied for, and City has approved, certain amendments to the Areas F-H Project Approvals, and, therefore, the parties desire to amend the Master Development Agreement, solely as to the Grafton Plaza Property, to incorporate the amendments into the definition of Areas F-H Project Approvals. H. As the Amendment perta.ins only to the Grafton Plaza Property, the City and Developer are the only parties required to effect the amendmen~ AGREEMENT NOW, THEREFORE, Developer and City for themselves and their respective successors and assigns hereby agree as follows: Section 1. "Area ~' HProjectApprovals" Redefined. For the purposes of the Crrafton Plaza Property, the term Areas F-H Project Approvals sha11 be defined to include, in addition to those specified iri the Master Development Agreement, the following land use approvals: General Plan and Specific Plan Amendments for the Graf~on P1aza. Project (Resolution No. _- 10), a Planned Development (~'D) Rezone/Development Plan Stage 1 for the Grrafton PIaza. Project (Ord. No. _-10). Section 2. All other provisions of the Agreement shall remain in effect. [EXECUTIONPAGE FOLLOWS'] i~ '~~ ~ N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed = as of the date and veaz first above written. ~ ~ CITY OF DUBLIN DEVELOPER By: Joni Pattillo, City Manager Attest: ~aroline Soto, City Clerk Approved as to form ~~~ Jo akker, CiTy Attarney 1407892.1 S and LLC a D aw ~ limited liability company Name: I (~ ~:s~~s ~ Its: ~i ~./~.,~y ~. ~r. ,~/ , Her Lin Ling " V ~~~,-~ 16034-13 4R6/10 MW Pege I of 2 EXHYBIT A DESCRIPTION PARCEL 4 GRAFTON STATION DUBLIN, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL 4 AS SHOWN ON PARCEL MAP 9003, RECORDED IN BOOK 292 OF PARCEL MAPS, PAGE 89 THRU 92,.ALAMEDA COUNTY RECORDS. APN 985-0Q61-010. 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