HomeMy WebLinkAbout8.2 Att 2 Exh A CC Ord DA ORDINANCE NO. XX - 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND
LENNAR HOMES OF CALIFORNIA, INC. RELATING TO THE SUBAREA 3 PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Applicant, Kevin Fryer, submitted a Planning Application for residential
development on Dublin Ranch Subarea 3 which would result in future development of up to 437
single family residences on an approximately 64 acre site ("Project"). The Project proposes
General Plan and Eastern Dublin Specific Plan amendments to reallocate existing Medium High
Density Residential and Medium Density Residential land uses, to reduce and change Open
Space land uses to Rural Residential/Agriculture and to increase the Stream Corridor
designation; and
B. The Project would rezone Subarea 3 to the Planned Development zoning district
and would approve a related Stage 1 Development Plan for future development of up to 437
dwelling units along either side of a stream corridor and open space area. The General Plan
and Eastern Dublin Specific Plan amendments, Planned Development rezoning and Stage 1
Development Plan are collectively referred to herein as "Project Approvals"; and
C. The Applicant and City desire to enter into a Development Agreement subject to
certain terms, including a community benefit payment to the City in the amount of $1.8 Million
for Fallon Sports Park Phase II improvements and the vesting of the Project Approvals for five
years; and
D. The California Environmental Quality Act (CEQA), together with the state
guidelines and City environmental regulations, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
E. Development of the Project area has been previously analyzed in two documents
approved under CEQA; (1) Environmental Impact Report for the General Plan Amendment and
Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No.
51- 93 ("Eastern Dublin EIR"); and (2) Negative Declaration approved by the City Council in
Resolution No. 140-97 for the Planned Development Rezoning of 453 acres of Dublin Ranch
(Areas B-E) ("1997 ND"). The City prepared a CEQA addendum to the Eastern Dublin EIR and
1997 ND for the Subarea 3 Project ("Addendum"). The proposed Development Agreement
would vest the Project Approvals for the Subarea 3 Project as described in the Addendum and
does not change any of the development under the Project Approvals. Therefore, the
Development Agreement is within the scope of the Project described in the Addendum and its
environmental impacts are addressed by the Addendum; and
EXHIBIT A TO
ATTACHMENT 2
F. On January 28, 2014, the Planning Commission adopted Resolution 14-03
recommending that the City Council adopt the Addendum, which Resolution is incorporated
herein by reference and available for review at City Hall during normal business hours; and
G. On February 11, 2014, the Planning Commission held a public hearing on the
proposed Development Agreement (for which public notice was given by law) and adopted
Resolution 14-XX recommending that the City Council adopt the Development Agreement,
which Resolution is incorporated herein by reference and available for review at City Hall during
normal business hours; and
H. A public hearing on the proposed Development Agreement was held before the City
Council on , 2014 for which public notice was given as provided by law; and
I. The City Council used their independent judgment and considered the Staff
Report, the Addendum, Eastern Dublin EIR, 1997 ND, and all reports, recommendations and
testimony referenced above and adopted Resolution No. XX-14 approving the Addendum prior
to approving the Development Agreement; and
J. The City Council has considered the recommendation of the Planning Commission
on the Development Agreement, 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 Eastern Dublin Specific Plan, (d) the Addendum, (e) the
Staff Report; (f) information in the entire record of proceeding for the Project, and on the basis of
the specific conclusions set forth below, the City Council finds and determines that:
1. The 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 Eastern
Dublin Specific Plan in that: (a) the General Plan and Eastern Dublin Specific Plan land use
designations, policies, programs and objectives are incorporated into the Development
Agreement and not altered by the Development Agreement; and (b) 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 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 Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Project will implement land use guidelines set
forth in the Eastern Dublin Specific Plan and the General Plan.
4. The 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, Eastern Dublin Specific Plan, and Project
Approvals.
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5. The 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 Eastern Dublin Specific Plan, and Project Approvals.
6. The Development Agreement complies with the requirements of§§ 65864 et seq.
of the California Government Code and Dublin Municipal Code Chapter 8.56 and specifies the
duration of the agreement, the permitted uses of the property, the density or intensity of use, the
maximum height and size of proposed buildings, and provisions for reservation or dedication of
land for public purposes. The Development Agreement contains an indemnity and insurance
clause requiring the developer to indemnify and hold the City harmless against claims arising
out of the development process, including all legal fees and costs.
Section 3. APPROVAL
The City Council hereby approves the 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
, 2014 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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