HomeMy WebLinkAbout6.4 SB343 East Dub SP Infastructure Seq Prog 12-04-12
SB 343
Senate Bill 343 mandates supplemental materials that have been
received by the City Clerk's office that relate to an agenda item after
the agenda packets have been distributed to the City Council be
available to the public.
The attached documents were received in the City Clerk's office after
distribution of the December 4, 2012 City Council meeting agenda
packet.
Item 6.4
RESOLUTION NO. XX-2012
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE
REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING
PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS
WHEREAS, in 1993, the City adopted the Eastern Dublin Specific Plan (EDSP)
to guide future development of approximately 3,300 acres of undeveloped lands east of
Camp Parks over a 20-30 year planning period. Subsequent amendments have
increased the size of the specific plan area, and most of the most of the basic
infrastructure has been constructed or is planned for construction through annexation
agreements, PD-Planned Development zoning, vesting tentative map approvals, and/or
other development entitlements; and
WHEREAS, the EDSP area was largely undeveloped when the plan was
adopted; therefore, an important goal of the plan was to ensure that infrastructure
improvements and public utilities were provided as needed by potential urban
development. Among the implementation tools for this goal were requirements that
developers in the specific plan area prepare detailed financing plans and infrastructure
sequencing programs to identify necessary capital improvements, including public
facilities, streets and utilities and insure their timely financing through related
development agreements. The EDSP development agreements typically vest
development rights for a 5-year term and specify the precise financial responsibilities of
each developer; and
WHEREAS, originally intended to ensure that infrastructure would be guaranteed
as development proceeded in Eastern Dublin, the requirement for development
agreements is no longer needed for that purpose and also constrains the City's ability to
negotiate voluntary agreements that provide certainty to developers in exchange for
community benefits; and
WHEREAS, the specific plan amendment will remove development agreements,
and related financing plans and infrastructure sequencing programs from the EDSP
implementation requirements (hereafter, "Project"). All development in the Eastern
Dublin Specific Plan area will continue to be subject to previously adopted EIRs and
other CEQA reviews and mitigations, EDSP development policies and standards, zoning
and development review, and all applicable subdivision and development ordinances;
and
WHEREAS, a Planning Commission staff report, dated November 13, 2012 and
incorporated herein by reference, described and analyzed the Project; and
WHEREAS, the Planning Commission considered the staff report and all written
and oral testimony submitted at a noticed public hearing on November 13, 2012, at
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which time all interested parties had the opportunity to be heard, and adopted Resolution
12-41 recommending adoption of the proposed Project, which resolution is incorporated
herein by reference; and
WHEREAS, a City Council staff report dated December 4, 2012 and incorporated
herein by reference, described and analyzed the Project; and
WHEREAS, the City Council considered the staff report, the Planning
Commission recommendation, and all written and oral testimony submitted at a noticed
public hearing on December 4, 2012, at which time all interested parties had the
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and
correct and made a part of this resolution.
BE IT FURTHER RESOLVED that the City Council finds the Project exempt
under the general rule in CEQA Guidelines section 15061(b)(3) that CEQA does not
apply where it can be seen with certainty that there is no possibility for a significant effect
on the environment. There is no such possibility for the Project since all previously
adopted EIRs and other CEQA reviews and mitigation measures, EDSP development
policies and standards, zoning and development review, and alf applicable subdivision
and development ordinances, including payment of impact fees, would continue to apply
to development projects to ensure they are supported by needed infrastructure and
public utilities.
BE IT FURTHER RESOLVED that the City Council approves the following
Eastern Dublin Specific Plan Amendment based on findings that the amendment is
consistent with the Dublin General Plan and that the Specific Plan as so amended will
remain internally consistent (edit markings will be removed from the adopted
amendments).
A. Amend the Summary, Section 3.9.2, Financing Goals and Policies, to read as
follows:
3.9.2 FINANCING GOALS AND POLICIES
The Specific Plan states that new development should pay the full cost of infrastructure
needed to serve the area and should fund the costs of mitigating adverse impacts to the
City's existing infrastructure and services. The financing plan should provide for
B. Amend the Summary, Section 3.9.3, Implementation, to read as follows:
3.9.3 IMPLEMENTATION
Various actions are specified to carry out the financing policies of the Specific Plan,
including adoption of development agreements. area of benefit ordinances, creation of a
special assessment or Mello-Roos District, establishment of a landscaping and lighting
district and geologic hazards abatement district, evaluation of Marks-Roos bond
pooling, reviewing the need for a builder impact fee system, and coordinating efforts
with the school district and CalTrans on public improvements.
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C. Amend the Summary, Section 3.10.1, Key Implementing Actions, to delete the last
bullet "Preparation of Financing Plans", as follows:
3.10.1 KEY IMPLEMENTING ACTIONS
• EIR Certification
• Adoption of CEQA Findings
• Amendment of the General Plan
•Adoption of the Specific Plan
• Prezoning
• Conclude Property Tax Exchange with the County
• Annexation of the Specific Plan area to the City of Dublin
• Preparation of a Plan for Services
• Annexation of Specific Plan area into DSRSD
• Preparation of Subarea Planned Development Plans
• Filing of Tentative Maps
• Site Development Review/Design Review
• Preparation of Public Improvement Plans
• Filing of Final Map
• Preparation of Park Improvement Plan
• Preparation of Financing Plank
D. Amend the Summary, Section 3.10.2, Other Implementing Actions, to delete the first
bullet "Entering into Development Agreements", as follows:
3.10.2 OTHER IMPLEMENTING ACTIONS
In addition to the procedural steps given above, the following actions will assist in
implementing the Specific Plan.
• Entering into Development Agreements
•Adoption of Area of Benefit Ordinance
• Analysis of Financing Techniques
•Analysis of Feasibility of Marks-Roos Bond Pooling
• Analysis of Feasibility of Citywide Builder Impact Fee System
E. Amend the Summary, Section 3.10.3, Administration of the Specific Plan, to read as
follows:
3.10.3 ADMINISTRATION OF THE SPECIFIC PLAN
Responsibility for administering the Specific Plan will be a joint effort of the City of
Dublin and developers in Eastern Dublin any developer who is party to a Development
Agreement with the City. The_City will review and approve projects in the Planning Area.
F. Amend Section 4.4.1, Location and Diversity, Action Program: Location and Diversity,
to delete Program 4D, as follows, and renumber subsequent programs as appropriate:
major developments, to ensure that infrastructure improvements, public utilities,
G. Amend Section 10.1, Introduction to read as follows:
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10.1 INTRODUCTION
The two primary purposes of this financing chapterplah are 1) to show how the major
infrastructure costs of new eastern Dublin development will be financed and 2) to show
that measures have been taken to ensure that new development will not drain existing
City resources.
H. Amend Section 10.4, Goals and Policies, to delete the Goal statement at the top of p.
209, as follows:
areas for costs that Specific Plan area owners are required to advance, and should
gravid a-fair allocation of costs among land uses.
I. Amend Policy 10-6 on p. 209 to read as follows:
fPolicy 10-6: Require developers who proceed ahead of any applicable the infrastructure
sequencing phasing plans to pay the costs of extending the backbone infrastructure to
their project subject to future reimbursement.
J. Amend the 3rd full paragraph on p. 211 to read as follows:
The generally accepted standard is that total annual assessments (ad-valorem property
taxes plus Mello-Roos or other assessments) should be less than two percent of
property value. Since one percent is already accounted for in the ad-valorem property
tax, the assessments should not exceed one percent. Note that in Table 10.4 all of the
residential and commercial units would have annual assessments equal or below one
1 percent. In short, this financing plan approach would spread the debt burden amongst
the various land uses without placing any undue burden on any one land use.
K. Amend the Action Program: Financing, on p. 211 to remove the first bullet, as
follows:
!- . - - _ --- 1 - ------ . - --- - et-- - -- • --•••e • - , - --- - --e
adopt a development agreement that spells out the precise financial responsibilities
er
L. Amend the bulleted list in Section 11.1 on p. 219 to delete the last two bullets as
follows:
11.1 SUMMARY: SPECIFIC PLAN IMPLEMENTATION PROGRAM
The following shows the approximate sequence of the key implementing steps that
should be followed by the City to effectively implement this Specific Plan.
• Certify the Eastern Dublin Specific Plan Program Environmental Impact Report
• Adopt findings as required by the California Environmental Quality Act (CEQA)
• Amend the General Plan
• Adopt the Specific Plan
• Adopt prezoning for the Specific Plan area
• Conclude property tax exchange agreement with the County
• Annex currently unincorporated Specific Plan areas into the City and DSRSD service
area
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• Prepare a Plan for Services
• Adopt development review procedures for projects in the Specific Plan area
• Adopt Subarea Planned Development Plans
• Approve Master Grading, Utility and Drainage Plans
• Review and approve individual Tentative Subdivision maps
•Adopt Public Improvement Plans
• Adopt Financing Plans
• Negotiate development agreements and set up finans+ng-mechanisms (assessment
districts, impact fee ordinance, etc
M. Amend Section 11.2.7, second paragraph, to read as follows:
"Planned Development Plans" shall be prepared in greater detail than the Specific Plan,
in keeping with zoning ordinance requirements. The plan shall show the location and
arrangement of all proposed uses, specify the circulation system, define parcels, refine
the design standards, specify the infrastructure requirements and their sequencing,
reflect the applicable mitigation measures of the Final EIR, include master neighborhood
landscape plans, and note neighborhood park location. Planned Development plans
shall also include a written statement which discusses affordable housing and any other
such material or information required by the Eastern Dublin Specific Plan, the Dublin
General Plan, and/or needed for the type of development proposed. Action programs
within the Specific Plan provide specific requirements.
N. Amend 11.2.10, Public Improvement Plans, to read as follows:
11.2.10 PUBLIC IMPROVEMENT PLANS
The on-site and off-site public improvements necessary to serve the eastern Dublin
planning area need to be specifically de- signed. The applicants should prepare for City
review and approval Public Improvement Plans, consisting of detailed engineering
designs and documents for all utilities necessary to develop the land uses identified in
the Specific Plan. These plans should include an infrastructie sequencing program that
development throughout the Specific Plan area. e-seq-ueneing
program shall prioritize roads, sewer, water, drainage and other utilities that must be in
place prior to specific levels of development being permitted.
O. Delete Section 11.2.13, Financing Plans, as follows, and renumber subsequent
sections as appropriate:
The major capital improvements required support ig development in the eastern Dublin
of the Development Agreement. The Financing Plans ;nail identify the necessary capital
improvements including public facilities, str-eets and utilities and assure their timely
_. _ -••-- - e of the Financing Plans can be assured by inclusion of
p r o v i s i o n s. .. .. . . ...... -ee e . . - - e e- . - ee --" -- --••-- - -
adherenne to the plan.
P. Amend Table 11.2, Responsibilities for Key Implementing Actions, to delete the last
line referencing "Financing Plans", as follows:
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Table 11.2
RESPONSIBILITIES FOR KEY IMPLEMENTING ACTIONS
Key Implementing Actions Responsibility for Document Preparation Adoption by
EIR Certification City City
CEQA Findings City City
General Plan Amendments City City
Specific Plan Adoption City City
Prezoning City City
Annexation City/DSRSD City
Subarea Plans Developers City
Tentative Map Developers City
Site Development/Design Review City City
Public Improvement Plans Developers City
Final Subdivision Map Developers City
Park Improvement Plans City City
Financing Plans Developers City
Q. Delete Section 11.3.1, Development Agreements, as follows and renumber
subsequent sections, as appropriate:
11.3.1 DEVELOPMENT AGREEMENTS
The City shall require all applicants for development in eastern Dublin to enter into a
mutually acceptable development agreement with the City for their respective area.
pretty in accordance with a specific time schedule for seeking the requi-red approvals
EIR is ..e e - -• - -ee - - - - - . ee - .
nets change its planning or zoning laws applicable to these developments for a
when-the agreements were entered into. In return, the developers may agree to
construct specific improvements, provide public facilities and services, develop
according to a specified time schedule or make other commitments which the City might
: compel the developers to perform.
financing, --I -- - - • . - . - - - -- - - - - - -- - , - -
the recommended legal document to:
..e. - -- . - __ •-- - - - . .e• - - ee• - _ •-
particular characteristics of each individual project;
• Ensure timely provision of adequate public 4acilities for each project;
• Streamline the development approval process by coordinating various
discretionary approvals;
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The City should first develop a Master Development Agreement to serve as-the ferot
for . _- . - __ •-- _� --••-- - - ._ - - - - - - - - - - -- -- _
condition for each major project area and the development projects within it.
R. Amend Table 11-3, Responsibilities for Other Implementing Actions, as follows:
Table 11-3
RESPONSIBILITIES FOR OTHER IMPLEMENTING ACTIONS
Responsibility
For Document
Other Implementing Actions Preparation Adoption by
h i - •- . - __ --- ' . --•--. • - --- -- - -
Individual Development Agreement City City
Area of Benefit Ordinance City City
Special Assessment District or
Mello-Roos CFD Developers City
Landscaping and Lighting District Developers City
Geological Hazards Abatement District Developers City
Marks-Roos Bond Pooling City City
Citywide Builder Impact Fee System Developers City
S. Amend Section 11.4.1, Responsibilities for Administration of the Specific Plan, to
read as follows:
11.4.1 RESPONSIBILITIES FOR ADMINISTRATION OF THE SPECIFIC PLAN
Administration of the Eastern Dublin Specific Plan will be a joint effort of the City of
1 Dublin and any developers in Eastern Dublin who is a party to a development agreement
between the City and-the developer.
T. Amend Action Program: Location and Diversity, on p. A5-2 to delete Program 4D, as
follows, and renumber subsequent programs as appropriate:
• _ _ •• . •. - - - -- - - - e- . - -- •-- -- --••-- • - -- .. -
major developments, to ensure that infrastructure improvements, public utilities,
U. Amend Appendix 5 to delete the second Goal statement on p. A5-33 as follows:
Goal: The financing plan should provide for reimbursements from any other benefiting
provide a fair allocation of costs among land uses.
V. Amend Policy 10-6 on p. A5-34 to read as follows:
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Policy 10-6: Require developers who proceed ahead of any applicable the infrastructure
sequencing plans to pay the costs of extending the backbone infrastructure to
their project subject to future reimbursement.
W. Amend Action Program: Financing, on p. A%-34 to remove the first bullet, as follows:
Development Agreement. For each property in the Planning Area, prepare and
of e d°c—acvelop
X. Make necessary conforming amendments to the EDSP for consistency with the
above amendments, including revisions to the table of contents, renumbering or
relettering provisions, as appropriate.
BE IT FURTHER RESOLVED that this resolution shall become effective thirty (30) days
after passage.
PASSED, APPROVED, AND ADOPTED this 4th day of December, 2012 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
1976156.3
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