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Home My WebLink About8.2 Attch 1 Exh A Ord Approving Agreement ORDINANCE NO. XX - 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A COMMUNITY BENEFIT/DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DIAMOND HEIGHTS INVESTMENTS IV, LLC. FOR A MIXED-USE RETAIL/RESIDENTIAL PROJECT PLPA-2012-00060 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. A request has been made by the Kingsmill Group/Diamond Heights Investments ("Applicant") to enter into a Community Benefit/Development Agreement with the City of Dublin for the property known as the former Crown Chevrolet site, comprised of APNs 941-1500-015- 09 and 941-1500-032-02, a 6.34-acre site; and B. The project is located within the Downtown Dublin Specific Plan area; and C. The Kingsmill Group/Diamond Heights Investments is proposing to construct 314 residential units with 17,000 square feet of commercial/retail space on a 4.9-acre site and a 76- unit affordable housing project with preference for households with military veterans on a 1.37- acre site within the Downtown Dublin Specific Plan area; and D. The Applicant is requesting approval of a Community Benefit/Development Agreement in advance of the consideration of project approvals in order to meet upcoming funding cycles for affordable housing at the State; and E. The project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, the Community Benefit/Development Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. A Community Benefit Agreement/Development Agreement to allocate residential development is authorized under the DDSP. The environmental impacts of the residential development authorized by such an allocation were analyzed in the Specific Plan EIR. There is no substantial evidence in the record that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and F. The Applicant has applied for a Community Benefit/Development Agreement which will vest the Site Development Review and allocation from the Downtown Dublin Development Pool. G. The Planning Commission held a public hearing on the proposed Community Benefit/Development Agreement on November 13, 2012 for which public notice was given by law; and EXHIBIT A TO ATTACHMENT 1 K. The Planning Commission made its recommendation to the City Council for approval of the Community Benefit/Development Agreement by Resolution. L. A public hearing on the proposed Development Agreement was held before the City Council on , 2012 for which public notice was given as provided by law. M. The City Council has considered the recommendation of the Planning Commission, 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. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan; (c) the Downtown Dublin Specific Plan, (d) the Downtown Dublin EIR; (e) the Staff Report and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Community Benefit/Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, and in the Downtown Dublin Specific Plan in that: (a) the General Plan and Specific Plan land use designation for the site is Downtown Dublin — Transit Oriented District; (b) the proposed project is consistent with the designated land uses; and (c) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services. 2. The Community Benefit/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. 3. The Community Benefit/Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Downtown Dublin Specific Plan and the General Plan. 4. The Community Benefit/Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer's proposed project will proceed in accordance with all the programs and policies of the General Plan, Downtown Dublin Specific Plan, Project Approvals and any Conditions of Approval for the Project. 5. The Community Benefit/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, the Downtown Dublin Specific Plan, and Project Approvals. 6. The project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the CEQA Guidelines section 15168, the City finds that the Community Benefit/Development Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. 2 A Community Benefit Agreement/Development Agreement to allocate residential development is authorized under the DDSP. The environmental impacts of the residential development authorized under the Agreement were analyzed in the Specific Plan EIR. The City finds that there is no substantial evidence in the record that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists. The environmental impacts of the Community Benefit/Development Agreement will not result in new or substantially more severe significant impacts than those identified and analyzed in the Downtown Dublin EIR. There is no substantial evidence showing new information of substantial importance or substantial changes in circumstances that would result in new or substantially more severe impacts or meet any other standards in Public Resources Code Section 21166 and related CEQA Guidelines Sections 15162 and 15163. Therefore, no further environmental review is required under CEQA for the Community Benefit/Development Agreement. Section 3. APPROVAL The City Council hereby approves the Community Benefit/Development Agreement (Exhibit A to the Ordinance) 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 AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2012 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3