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HomeMy WebLinkAboutPC Reso 14-09 Subarea 3 Rec to CC DA RESOLUTION NO. 14 - 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC. RELATING TO THE SUBAREA 3 PROJECT WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, the proposed Development Agreement is attached to this Resolution as Attachment 1 to Exhibit A; and NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council make the following findings and determinations regarding the proposed Development Agreement: 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. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance, attached as Exhibit A, approving the Development Agreement between the City of Dublin and Lennar Homes of California, Inc. related to the Subarea 3 Project. PASSED, APPROVED AND ADOPTED this 11th day of February 2014. AYES: Bhuthimethee, Do, Kohli, O'Keefe NOES: Goel ABSENT: ABSTAIN: / Pla ning Commission Chairperson ATTS `, ';�` Assistant ommuo)ty Development Director G:IPA#120131PLPA-2013-00033 DUBLIN RANCH Subarea 31PC Mtg 2.11.14 Subarea 3 DAIPC Reso Subarea 3 DA 2.11.14.docx Page 2 of 2 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. 2 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 2235003.2 3