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HomeMy WebLinkAboutReso 203-12 Fin Plans Infrastructure SP RESOLUTION NO. 203-12 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 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 Page 1 of 7 • • • 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 apart 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 fora 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 all 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. 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 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. 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 Page 2 of 7 • 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 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. • 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. 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: • Program 4D: Explore the use of dcvelopment agrc---- - -e _ - e- . - e••• • , e ensure t-- . - - - •-•: e --•-- , --- , and other amenities are provided consistent with Speei n-pelicies, and-a-s neededkey-elanc+img area development G. Amend Section 10.1 , Introduction to read as follows: 10.1 INTRODUCTION The two primary purposes of this financing chapter 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: - _- ng-plan should-previde-fer-rei-mhufsements fram-any-oth- - -. for casts _e- ■ - • - - _ .. - -_ _ _ _ __ . - _- _ _ _ . e a fair allocation of costs among land uses. I. Amend Policy 10-6 on p. 209 to read as follows: • Page 3 of 7 Policy 10-6: Require developers who proceed ahead of any applicable infrastructure 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 percent. In short, this financing 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: e• .- ee• - Ae "__, •� or-each-property-in the P _•••.e • e"'e- --: selept-a-develepmeRt ag-reenwent-that-spells out-the precise financial-respensibilittes o€-the-devetoryer 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 • 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 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, 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. Page 4 of 7 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. O. Delete Section 11.2.13, Financing Plans, as follows, and renumber subsequent sections as appropriate: L. . . • • A - Themajorsae' a e . • -. __ . .... -e a . . • -_ . - • Dublin plan- ing-ar najor pr-eject responsibilities-and- pess}bte-met-hods of hiding are described in _ •.: - . !- ad-financial plans shall be prepared and be made a part of the evel-ep-m nt ..... . e • -- -_ ,e_ ._ .. _ry capital •• luding +blie facilities treets and- utilities-a-Rd-assure their-timely finan ing-km-plementatien-of he-Finaneing-RFa-ns can be a -e e . , I. e• - e - . e •• e- - - . •e : e that requi .e•^ ^- e • pia - P. Amend Table 11.2, Responsibilities for Key Implementing Actions, to delete the last line referencing "Financing Plans", as follows: 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 • Q. Delete Section 11.3.1, Development Agreements, as follows and renumber subsequent sections, as appropriate: 11 .3.1 D€V€L-ORMEWT AGREE-MENTS - _e: -- • e es . - ee-•-• • - • D. . • e -• - ,mutually . -. - e- . . . • . :rcement with the City for their respective area. ' e .. . be arr-a ea* - - - eeveleper--is--prepared-to-preeeed--promptly in accordance with a specific t-irne schedul rsgoking the required appro als and commencing construction. Typically, the agreements would be entered into after the EIR is e - -e • - -ntative subdivision maps are approved. • Page 5 of 7 - - • e _- _- __.... _ _ _ ., I fie - -' ee- -• they proceed through the approval process. Both the-Qty and the-project-sponsors (developers)-woald to re_- •- . ee 's . e e. -.- ., • is plans and laws in existence at the time of the agree nts�a-cffect, the City-promises-not-to change its planning e e - . .%eticable-to-these the afire- - - -- - cd into. I• - - •- , - ee- instruct specific improvements, provide public facilities and services, develo: . e : •e e . ••- schedule developers to--perform -- .- - .• .nd its EIR places substantial requirements-on-the e- . - e_ -• •- properties ••• •- . - • to .: • e . ing area. These requirem� ,tents-include financing construct e- . e • --. • - e _. . • - , e- •gn standards, and mitigation of environmental-impacts. F or-this- ec-ifis-Plan-a-devekopee Tent is the recommended-egal document to: •-Augment-the-Gity's--standard-development-regatatiens-in-response-to-the p • _ - . • • . . . _. project; •- efovisio1 of-adequate-public facilities-for each-project; . cam _ -_ ea . - **---- _e s e , - erOGCSC by coordinating carious discretionary approvals; =-Rrovidmoo,ms f©r-r-eimborsemen1-when-a-developer-advances-fan-d forr P�tually to both - • . •5 - --- • • 1- •-• _ •- developer in-return forcommi-tments-for-public-mprovements. •- -. e e- . - -. - . _ ._ , _ -. . _ -.._. _ _ .. ermat for all - development--agreem<4s-with;— h,e-eastern -Dublin planning-area. The conditions included-in the _ - !- . sea-- AC ---•-- ... : •- ea .. e -e . condition for each major project or 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 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: Page 6 of 7 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 Dub lin and developers in Eastern Dublin . T. Amend Action Program: Location and Diversity, on p. A5-2 to delete Program 4D, as follows, and renumber subsequent programs as appropriate: Program 4D: ExploY the-u _ _ . - et- cnt agreements with applicants-for major-developments, to ensure that infrast . _ - --: : , :.: _ • , and--other amenities arc provided consistent with Specific Plan policies, and as - • •: . _ _ __ - . U. Amend Appendix 5 to delete the second Goal statement on p. A5-33 as follows: Goal-lhe-f+nancing-plan should-provide-fo-rreimiourscrnents-frend-any-athec-benefiting areas for costs -- • . • _ _ _ - - - -5 ; _ • __ . _ -e- _ - - . - - allocation of costs among land uses. V. Amend Policy 10-6 on p. A5-34 to read as follows: Policy 10-6: Require developers who proceed ahead of any applicable infrastructure phasing 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-pr-ope#y--ia-the RlanRiag-A-rea;-prepare and adopt-a-development ag-reem at spells out the precise financial responsibilities of-she de clo; 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: Councilmembers Biddle, Hart, Hildenbrand, and Mayor Sbranti NOES: None • ABSENT: Councilmember Swalwell ABSTAIN: None ' �\ l4 • \J Mayor • ATT7t,„ L City Clerk Reso No. 203-12, Adopted 12-4-12, Item 6.4 Page 7 of 7