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HomeMy WebLinkAboutItem 4.6 Dublin Transit Centeror 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL April 15, 2014 Honorable Mayor and City Councilmembers CITY CLERK File #600 -60 Christopher L. Foss, Acting City Manager " Authorization to Waive the Specific Plan Development Agreement Requirement on the Dublin Transit Center Property Prepared by John D. Bakker, City Attorney EXECUTIVE SUMMARY: In 2012, the City Council eliminated the requirement previously set forth in the Eastern Dublin Specific Plan ( "EDSP ") that all applicants for development in the specific plan area enter into mutually acceptable development agreements with the City. Despite this change to the EDSP, the Transit Center Master Development Agreement between the City and the Alameda County Surplus Property Authority ( "Transit Center MDA ") includes language requiring execution of specific plan development agreements. Staff recommends granting the City Manager authority to waive this contractual obligation in order to ensure consistency within the City. FINANCIAL IMPACT: IR•1A RECOMMENDATION: Staff recommends that the City Council, by motion, approve the Staff recommendation and authorize the City Manager to Waive Section 6 of the Transit Center MDA. Submitted By Reviewed By Acting Assisting City Manager Assistant City Manager DESCRIPTION: Staff is seeking authorization to waive section 6 of the Transit Center Master Development Agreement. That provision, consistent with language formerly in the EDSP, requires that developers enter into a specific plan development agreement with the City prior to developing Page 1 of 2 ITEM NO. 4.6 the Dublin Transit Center Property. Waiving this obligation is consistent with the elimination of the EDSP development agreement requirement. The EDSP, originally adopted by the City on January 7, 1994, contained a requirement in Chapter 11 that applicants for development in the specific plan area enter into a mutually acceptable development agreement with the City. The EDSP also required that development agreements include detailed financing plans and infrastructure sequencing programs. The City's original purpose for these requirements was to ensure the adequate provision of infrastructure needed by planned development. However, because of new implementation measures to ensure the provision of infrastructure and payment of fees, on November 13, 2012, the Planning Commission recommended that the City Council eliminate this requirement from the EDSP. The City Council agreed with the recommendation and amended the EDSP by resolution on December 4, 2012 (Attachment 1). Section 6 of the Transit Center MDA, executed on June 6, 2003, contains the following language: "Notwithstanding any other provision of the Development Agreement to the contrary, DEVELOPER shall not be able to develop the Dublin Transit Center Property, or any portions thereof, until it has entered into another development agreement or agreements with the CITY, applicable to the portions of the Dublin Transit Center Property, which DEVELOPER proposes to develop as required by Chapter 11 of the Eastern Dublin Specific Plan (a "Specific Plan Development Agreement "). The purpose of the "Specific Plan Development Agreement" shall be to comply with the requirements of Chapter 11. The "Specific Plan Development Agreement" for Sites A, B and C will include affordable housing provisions consistent with Section 12 of this agreement. As used herein, "develop" shall mean recordation of a final subdivision map, a final parcel map for a commercial or office use, a final map for medium, medium high or high density residential use or issuance of conditional use permit, site development review or a building permit." Based upon the elimination of the requirement to execute a specific plan development agreement in the EDSP, Staff believes it is appropriate for the City Council to waive the contractual obligation set forth in Section 6 of the MDA and grant the City Manager authority execute documents waiving this obligation. Staff has met with representatives of the Alameda County Surplus Property Authority on this matter and they are in support of Staff's recommendation. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of the Staff Report was sent to the Alameda County Surplus Property Authority. ATTACHMENTS: 1. December 4, 2012 Staff Report and Resolution 203 -12. Page 2 of 2 or 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL December 4, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #420 -20 SUBJECT: Eastern Dublin Specific Plan Amendment to Eliminate the Requirement for Development Agreements and related Financing Plans and Infrastructure Sequencing Programs Prepared by Kit Faubion, City Attorney's Office EXECUTIVE SUMMARY The Eastern Dublin Specific Plan (EDSP) requires that Applicants for development in the specific plan area enter into a mutually acceptable development agreement with the City. The EDSP also requires the development agreements to include detailed financing plans and infrastructure sequencing programs. The City's original purpose for these requirements in the EDSP was to ensure the adequate provision of infrastructure needed by planned development. There are now other implementation measures in place that insure the provision of infrastructure and payment of fees, so these requirements are no longer necessary. City staff is recommending that the EDSP be amended to eliminate the above requirements because they are no longer needed and because the City would then have the opportunity to negotiate for community benefits when developers desire the certainty provided by a voluntary development agreement. FINANCIAL IMPACT None. RECOMMENDATION: Staff recommends that the City Council- 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution amending the Eastern Dublin Specific Plan to eliminate the requirement for development agreements and related financing plans and infrastructure sequencing programs. Submitted By Reviewed By City Attorney Assistant City Manager Page 1 of 4 ITEM NO. 6.4 DESCRIPTION Section 11.3.1 of the Eastern Dublin Specific Plan (EDSP) requires all Applicants for development in the Specific Plan area to enter into a "mutually acceptable development agreement" with the City. The EDSP also requires the development agreements to include detailed financing plans and infrastructure sequencing programs. On May 15, 2012, following a staff presentation on the matter, the City Council directed that staff prepare and present, to the Planning Commission and City Council, an amendment to the Eastern Dublin Specific Plan that eliminates the development agreement requirement. The proposed amendment would delete the development agreement requirement from the Specific Plan, and would also delete the related requirements for financing plans and infrastructure sequencing programs. The proposed amendments are shown in strokethrnu ivh and underline in Attachment 1, a resolution approving the amendments. ANALYSIS Authority for Development Agreements Under the common law of California, the approval of a development project does not give the developer a right to proceed to complete the project. Rather, the local agency can change the rules and regulations at any point up until the developer has been issued a building permit and incurred substantial liabilities in good faith reliance on the permit. Even then, the vested right only gives the developer the right to complete the development described in the building permit. To provide relief from this rule, the Legislature has developed two means by which a developer may protect its project from subsequent changes in regulations. The first is a vesting tentative map, which gives the developer the right to proceed with development in substantial compliance with the rules and regulations in effect at the time the map application was deemed complete. (See Gov. Code, § 66498.1(b).) The second is a development agreement between the local agency and the developer. A development agreement vests the developer's right to proceed with the approved project and, unless otherwise specified in the agreement, locks in the rules and regulations applicable to the property. The local agency normally has no obligation to enter into a development agreement, and therefore it can negotiate for consideration (community benefits) in exchange for giving the developer vested rights. Eastern Dublin Specific Plan Requirement for Development Agreements In contrast to a typical voluntary development agreement, Section 11.3.1 of the Eastern Dublin Specific Plan requires all Applicants for development in the Specific Plan area to enter into a "mutually acceptable development agreement" with the City. As further directed by the EDSP, the City Council adopted a standard master development agreement on October 10, 1994 and amended it on November 28, 1995. Over the years, the City Council has unofficially established five years as the time for specific plan required development agreements. However, because the Specific Plan requires a development agreement, the City cannot bargain for consideration from the developer in exchange for the development agreement. For this reason, the standard Specific Plan development agreements have not been used by the City to exact benefits the City cannot otherwise obtain. Page 2 of 4 Purpose of Eastern Dublin Development Agreements The Specific Plan identifies the following purposes of the development agreement requirement: (1) augment the City's standard development regulations for specific projects; (2) spell out the precise financial responsibilities of the developer; (3) ensure the timely provision of adequate public facilities; (4) streamline the development approval process by coordinating various discretionary approvals; (5) provide the terms for reimbursement when a developer advances funding for specific facilities which have community wide area benefits; and (6) provide for mutuality to the City and the developer regarding entitlements to the developer in return for commitments for public improvements. (Section 11.3.1.) At this point in the development of Eastern Dublin, none of these purposes offers a compelling rationale to maintain the requirement. This is because some level of entitlement has been approved for virtually all specific plan properties and major infrastructure has been constructed or planned for construction through these approvals. Additionally, when the Plan was first adopted, there were not administrative or formal procedures in place to ensure these purposes could be accomplished. The development agreement temporarily filled that need and is no longer necessary. Advantages and Disadvantages of the Development Agreement Requirements The specific plan development agreement requirement has advantages and disadvantages. The advantages of the specific plan development agreement requirement are that (1) the agreements satisfy the Specific Plan requirement for "financing plans" and "infrastructure sequencing programs "; (2) the agreements secure project conditions that cannot be satisfied at final map; and (3) the agreements can clarify conditions of approval. The disadvantages of the specific plan development agreement requirement are that (1) the City, since it effectively gives away five years of vested rights, cannot bargain for community benefits in exchange for providing vested rights; and (2) the requirement, by adding another required city approval, increases the developers' costs to process their projects. The advantages are not significant. The requirements for a "financing plan" and an "infrastructure sequencing program" are facilitated by the development agreement, but in light of the City's comprehensive impact fee program and extensive body of development standards and ordinances, these requirements are no longer necessary. Further, development agreements would not be needed to clarify conditions if the conditions are clearly written. Finally, project conditions that cannot be satisfied at final map can be secured by a separate agreement prior to final map approval. On the other hand, the disadvantages of the requirement are significant. First, most developers in Eastern Dublin apply for vesting tentative maps and are thereby able to obtain vested rights. These rights may be adequate for many developers. For developers who desire development agreements, eliminating the requirement will give the City the ability to bargain for consideration in exchange for providing vested rights to the developer. There are no restrictions on what the City can ask for or receive, other than what the developer will agree to provide. Any future development agreements for properties in Eastern Dublin would be freely negotiated. Second, over the years many developers, particularly those that are ready to immediately proceed with development, have expressed displeasure about the need to enter into a development agreement. These developers have expressed concern both about the costs and time associated with drafting, negotiating, and processing the development. Thus, eliminating the Page 3 of 4 requirement will have an economic development benefit in that it will reduce the expense of and expedite the processing of development in Eastern Dublin. Planning Commission Recommendation The Planning Commission held a public hearing on the proposed EDSP amendments on November 13, 2012. There were no speakers on the proposal. The Planning Commission adopted Resolution 12 -41 recommending approval of the amendment on a 3 -0 vote (2 Commissioners absent). The Planning Commission Resolution is included as Attachment 2; the draft minutes of the meeting are included as Attachment 3. CONSISTENCY WITH GENERAL PLAN, APPLICABLE SPECIFIC PLANS The development agreement requirement and its related financing plan and infrastructure sequencing program is unique to the Eastern Dublin Specific Plan There is no comparable provision in the General Plan, nor is there any General Plan direction that the EDSP include these requirements. As amended by the Project, the EDSP would remain internally consistency because other existing City processes insure adequate infrastructure will support development, including impact fees, PD- Planned Development zoning and other application reviews that apply adopted development standards and ordinances. NOTICING REQUIREMENTS /PUBLIC OUTREACH In accordance with State law, a Public Notice was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice ten days before the hearing and the Staff Report and attachments were made available for public review prior to the public hearing in accordance with Government Code Sections 65090 and 65091. A notice of this Public Hearing was also sent to active developers within the Specific Plan area. ENVIRONMENTAL REVIEW: 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 when applicable, environmental documents be prepared. Staff recommends that the Project be found 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 applicable development standards and ordinances, including payment of impact fees, would continue to apply to development projects to ensure they are supported by needed infrastructure and public utilities. ATTACHMENTS: 1. City Council Resolution amending the Eastern Dublin Specific Plan to eliminate the requirement for development agreements and related financing plans and infrastructure sequencing programs. 2. Planning Commission Resolution 12 -41 recommending that the City Council amend the Eastern Dublin Specific Plan to eliminate the requirement for development agreements and related financing plans and infrastructure sequencing programs. 3. Draft minutes of the November 13, 2012 Planning Commission meeting Page 4 of 4 RESOLUTION NO. XX -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 financing plans and infrastructure sequencing program: (hereafter, "Project "). All development in the Eastern subject to previously adopted EIRs and other CEQA policies and standards, zoning and development review, ordinances; and emove development agreements, and related from the EDSP implementation requirements Dublin Specific Plan area will continue to be reviews and mitigations, EDSP development and all applicable subdivision and development 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 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 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 • Preparation of Subarea Planned Development Plans • Filing of Tentative Maps • Site Development Review /Design Review 2 • 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: 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 I. Amend Policy 10 -6 on p. 209 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. J. Amend the 3 d 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: 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. 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: P. Amend Table 11.2, Responsibilities for Key Implementing Actions, to delete the last line referencing "Financing Plans ", as follows: RESPONSIBILITIES FOR KEY IMPLEMENTING ACTIONS Key Implementing Actions Responsibility for Document Preparation Adoption by EIR Certification City City CEQA Findings City City 4 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: R. Amend Table 11 -3, Responsibilities for Other Implementing Actions, as follows: Table 11 -3 RESPONSIBILITIES FOR OTHER IMPLEMENTING ACTIONS 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 Dublin 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: U. Amend Appendix 5 to delete the second Goal statement on p. A5 -33 as follows: 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: Responsibility For Document Other Implementing Actions Preparation Adoption by 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 Dublin 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: U. Amend Appendix 5 to delete the second Goal statement on p. A5 -33 as follows: 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: 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 RESOLUTION 12 -41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS WHEREAS, the specific plan amendment will remove development agreements, and related financing plans and infrastructure sequencing programs, from the Eastern Dublin Specific Plan (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 mitigation measures, EDSP development policies and standards, zoning and development review, and all applicable subdivision and development ordinances; 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, 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. 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 Planning Commission recommends that the City Council find the Project exempt under the general rule in California Environmental Quality Act (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 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 Planning Commission recommends that the City Council adopt the resolution attached as Exhibit A and incorporated herein by reference. 1 PASSED, APPROVED AND ADOPTED this 13th day of November, 2012 by the following vote: AYES: Wehrenberg, Schaub, Brown NOES: ABSENT: O'Keefe, Bhuthimethee ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPA #1201ZEDSPA DA PC 11.13.121pc reso recommending edsp amendment to eliminate da requirement.doc 2 DRAFT DRAFT Planning Commission Minutes Tuesday, November 13, 2012 CALL TO ORDER /ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, November 13, 2012, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the meeting to order at 7:00:24 PM Present: Chair Wehrenberg; Commissioners Schaub and Brown; Jeff Baker, Assistant Community Development Director; Kit Faubion, Assistant City Attorney; Kristi Bascom, Principal Planner; Linda Smith, Economic Development Director; and Debra LeClair, Recording Secretary. Absent: Vice Chair O'Keefe and Cm. Bhuthimethee ADDITIONS OR REVISIONS TO THE AGENDA — NONE MINUTES OF PREVIOUS MEETINGS — Vice Chair O'Keefe and Cm. Bhuthimethee were absent from the meeting and Cm. Schaub was absent from the October 9, 2012 meeting, therefore, the minutes of the October 9, 2012 meeting were not approved as there was no quorum. On a motion by Cm. Brown and seconded Chair Wehrenberg the minutes from the October 30, 2012 Study Session were approved as written. ORAL COMMUNICATIONS — NONE CONSENT CALENDAR — NONE WRITTEN COMMUNICATIONS — NONE PUBLIC HEARINGS — 8.1 PLPA 2011 -00003 — Moller Ranch (Braddock & Logan Services, Inc.) General Plan and Eastern Dublin Specific Plan Amendments, Planned Development rezone with related Stage 1 and Stage 2 Development Plan, Vesting Tentative Tract 8102, a Development Agreement and a Supplemental Environmental Impact Report. Jeff Baker, Assistant Community Development Director, briefly discussed the project and recommended that the Planning Commission continue the item to a date uncertain in order to finish the response to comments on the Supplemental EIR. Chair Wehrenberg opened the public hearing and having no speakers, closed the public hearing. On a vote of 3 -0 -2, with Vice Chair O'Keefe and Cm. Bhuthimethee being absent, the Planning Commission voted to continue the item to a date uncertain. 41tanning Commission Arovem6e'r /3, 2012 (kqpkaw `JOleelillif 148 DRAFT DRAFT �� 8.2 PLPA- 2012 -00060 Community Benefit Agreement and Development Agreement for the Kingsmill Group Mixed -Use Retail /Residential project at the former Crown Chevrolet site in Downtown Dublin. Linda Smith, Economic Development Director, presented the project as outlined in the Staff Report. Cm. Brown asked about income qualifications of the applicants for the affordable housing portion of the project. Ms. Smith answered that she did not have income level information but stated the project would primarily serve special needs veterans, as well as those veterans eligible for housing vouchers through the Alameda County Housing Authority. Cm. Brown asked if the 76 affordable housing units will continue to be affordable housing restricted to veterans. Ms. Smith responded that there is a typical 55 year deed restriction on the affordable units. She added that the project will be primarily marketed to special needs veterans and veterans and their families. She stated that they will also ensure there will be a supply of multi- bedroom apartments for veterans with families, not only those veterans in transition. Cm. Schaub asked how many units are planned for the Dublin Blvd side of the project. Ms. Smith answered, there are 314 units planned. Cm. Schaub asked, with this type of development agreement, would a future Planning Commission be able to reduce the number of units in the project if they felt it was too dense for Dublin Blvd or would they be bound by the number of units mentioned in the agreement. He was concerned with the number of units in a nearby project and asked what the unit count was for that project. Ms. Smith answered the Essex project has 309 units on 3.8 acres. Cm. Schaub was concerned with building units close to Dublin Blvd and asked if a future Planning Commission could reduce the number of units in the project or would the development agreement lock in the number of units. Mr. Baker answered that the unit count would be allocated to the developer but the design of the building would not. He compared this project to the Essex project which is 3.8 acres with 309 units; this project is 314 units on 5 acres, which is a larger site. Cm. Schaub felt the design could be stepped back to keep the units back from the street. Mr. Baker referred to Cm. Brown's question regarding income requirements for the affordable units; Section 6.2.2 of the agreement states "...restricts the use of Parcel B to the provision of 41tanning Commission Arovem6e'r /3, 2012 (kqpkaw `JOleelillif 149 DRAFT DRAFT affordable housing for low- income households whose incomes do not exceed eighty percent (80 %) of the area median income as adjusted for actual household size..." Cm. Schaub felt that it may be harder to rent to veterans in the future, but the units could be offered to other low- income residents who are not veterans. Ms. Smith agreed and stated that while the project will be marketed to veterans, the goal would be to ensure that the units are occupied with low- income residents. Chair Wehrenberg opened the public hearing. Woodie Carp, Senior Project Developer, Eden Housing, spoke in favor of the project. He stated that Eden housing was asked to participate in the project and was happy to. He stated that the project will primarily serve veterans and the families of veterans as a rental project. The project will be restricted to residents with income at or below 80% Area Median Income (AMI) but stated that EDEN Housing targets populations with incomes which are much lower and could be below 50% AMI, with some units as low as 30% of AMI. He stated that the specific funding program being requested would be to serve a special needs population, which in this situation would be disabled veterans. The specific program requires that at least 50% of the total units be rented to the special needs population. The units may be rented to veterans and their families but will also be offered to low- income households. Chair Wehrenberg asked if they would be offering any other services to the veterans other than housing. Mr. Carp answered no; Eden has executed a Memorandum of Understanding (MOU) with Sentinels of Freedom, an organization that works with disabled veterans for on -site services. Chair Wehrenberg asked if the project would be strictly housing with no group rooms for meetings or for the resident's use. Mr. Carp responded that all their projects are designed to include a services office as well as a counseling office that would be available for the Sentinels of Freedom or other service providers to utilize. He stated there is also a community room for the residents to use for other programs as well as programs provided by Eden. He stated that through the tax credit program, Eden is required to provide services for the residents. Ms. Smith added that the project is located across from the Chabot/Las Positas College site that has done work with returning veterans. She stated Staff has started initial discussions with Chabot/Las Positas College regarding how the college can support the project. Cm. Brown asked how mobility /accessibility issues will be dealt with in the project. Mr. Carp answered that the concept will be a 4 -story structure with an elevator and an adjacent 4 -story garage structure that will be accessible from every level. Every unit will be built so that it can be converted to a fully accessible unit and there will be fully equipped, ADA accessible units per the code. He stated Eden will determine how many additional accessible units will be built in order to meet the needs of the population. 41tanning Commission Arovem6e'r /3, 2012 (kqpka w .`J leer iwaif 150 DRAFT DRAFT Cm. Schaub felt the project was located in an ideal area which is close to amenities and transportation. He asked if active service members and their families would also be eligible for this project and given priority. Mr. Carp answered yes; it is being evaluated and Eden will work closely with the Fair Housing Attorney to ensure compliance with all fair housing rules and regulations. If possible, Eden would consider a priority for families of veterans and families of active service members, but stated that a minimum of 50% of the units would have to be reserved for the special needs population. Chair Wehrenberg closed the public hearing. Chair Wehrenberg agreed that the project is in a perfect location, and stated she is in support of the project. Cm. Brown felt this was the first Community Benefit Agreement in the Downtown Dublin Specific Plan (DDSP). Ms. Smith stated this project is the first agreement under the adopted DDSP. Cm. Brown felt this is a good model and is in support of the project. On a motion by Cm. Schaub and seconded by Cm. Brown, on a vote of 3 -0 -2, with Vice Chair O'Keefe and Cm. Bhuthimethee absent, the Planning Commission adopted: RESOLUTION NO. 12 -39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A COMMUNITY BENEFIT /DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DIAMOND HEIGHTS INVESTMENTS IV, LLC. FOR A MIXED -USE RETAIL /RESIDENTIAL PROJECT 8.3 PLPA- 2012 -00061 Commercial Corridor Design Guidelines. Creation of design guidelines for commercial and industrial properties, amendments to the Zoning Ordinance (Chapter 8.33 and Chapter 8.104), and an amendment to the Zoning Map for the purposes of project implementation. Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Chair Wehrenberg opened the public hearing and having no speakers, closed the public hearing. The Planning Commission was in support of the project and the revisions made at the Planning Commission Study Session on October 30, 2012. 41tanning Commission Arovem6e'r /3, 2012 (kqpkaw .`J leelaaaif 151 DRAFT DRAFT On a motion by Cm. Brown and seconded by Cm. Schaub, on a vote of 3 -0 -2 with Vice Chair O'Keefe and Cm. Bhuthimethee absent, the Planning Commission adopted: RESOLUTION NO. 12 - 40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF THE COMMERCIAL CORRIDOR DESIGN GUIDELINES AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING CHAPTER 8.33 TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) ESTABLISHING THE COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT AND AMENDING SECTION 8.104.040 RELATING TO THE COMMERCIAL CORRIDOR OVERLAY ZONING DISTRCT SITE DEVELOPMENT REVIEW AND AMENDING THE ZONING MAP TO ADD AN OVERLAY ZONING DISTRICT DESIGNATION TO THE COMMERCIAL CORRIDOR AREA �� 8.4 Eastern Dublin Specific Plan Amendment to Eliminate the Requirement for Development Agreements and related Financing Plans and Infrastructure Sequencing Programs. Kit Faubion, Assistant City Attorney, presented the project as outlined in the Staff Report. The Planning Commission was in support of the project. Chair Wehrenberg opened the public hearing and having no speakers, closed the public hearing. On a motion by Cm. Schaub and seconded by Cm. Brown, on a vote of 3 -0 -2, with Vice Chair O'Keefe and Cm. Bhuthimethee absent, the Planning Commission adopted: RESOLUTION 12 - 41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS NEW OR UNFINISHED BUSINESS — NONE OTHER BUSINESS - NONE 41tanning Commission Arovem6e'r /3, 2012 (kqpka w .`J leer iwaif 152 DRAFT DRAFT 10.1 Brief INFORMATION ONLY reports from the Planning Commission and /or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Mr. Baker mentioned there will be a Study Session regarding the Economic Development Element of the General Plan scheduled for Tuesday, December 11, 2012 at 6:00 pm. 10.3 Mr. Baker discussed the upcoming agendas for future Planning Commission meetings. 10.4 Chair WehrenbergR mentioned that the Downtown Regional Sign Appeal will be heard at the November 20t City Council meeting. Mr. Baker agreed. ADJOURNMENT — The meeting was adjourned at 7:34:05 PM Respectfully submitted, Doreen Wehrenberg Planning Commission Chair ATTEST: Jeff Baker Assistant Community Development Director G:IMINUTESI201ZPLANNING COMMISSIOM 11. 13.12 DRAFT PC MINUTES. docx 41 tanning inn Coaaaaaaissio n Arovemr) ./ 3, 2012 (kqpkaw `Alle lilllif 153 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 CE_ QA 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 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: AM 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: a I MIX — - e 1. Amend Policy 10 -6 on p. 209 to read as follows: Page 3of7 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: ..G +� rr.■ r� .^ 4� 0 d 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 1127, 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: 7J11G7 \T . PLANS & ea, f r prepared and a ■ of the Developmer# Agreement. ■ -hall identify r- • a IM C • G C r i ' D r• C.. r � r ■ . - r : • r a C a 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 City1DSRSD 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 ID€V-E- QP- 4EN W_,,�4AE -NTH ■ r �. M d r i w -w■ a • ■ ■ a ■ ■ w a s r r w r r -■ Page 5of7 r a r a ■+ ri : s w a ■ ■ a ■ - - w- w +w rr rr = w■j C w - rw a G w- + w + w r G w w w r ■ - G w w raw . 0.9 w w ar ■ ww r■ + - O i ■+ ra ur • +� - a u w- ww■ w u ■ G+ • -• - w w w w w - ar OG : s w • a- - s � -C� r- ■ C - G r ■ r rr G r 120MYS&MM111111MAZION w �•• - C - ■+ w r +■r w -Qr CC pai#aular rh ric +irf�c ,Qf �nh inrd iirJi sr,l Spell eut the .prorise finenjr�ial!.__ re- ,lam {n�ncihili�iN� "er"f� -4,�e developer!, + m S#.a��rrn,_�F�no_the development ��� v tu! pf{�G�S�3Yrw�in � +inn r�rini s� discFetienapy ��is­ e -P- avide +a �;m ar re+r lb rse nL- v����advan eJ - -fr n g fer cndrifir__faGili+inc whinh h @Ve (�fllRFR11nity- rote -n��-e 4in t ' -��vl rrlll CllllTy VrliE l.�I�A[�.C�.7<+TfC�T , -P-Kw4e�tually to both � d�valo{aer -ice tern fo�c$r+te��ts fepbl+Epver2ats- C - - wr V r ■r r wow - 1w . - . r w� 11 - ■. r. r la -- Will ■+ rr - - Ga r• ■ ww r r 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: • r r a u Z w w - - -• r w - war w- w w ww r w U, Amend Appendix 5 to delete the second Goal statement on p. A5 -33 as follows: Geal-L--T-he- 4RaA6- Rg- plaP -5hiq- -pmyi ear -&im+ u-F,,�eR4&nts e-T -i-a y�-Gtkier--be-Re4i -ng are far - cast -s that ''I, - rd's-- are �_fequired_�tto ard--�Uri nom_ -ce �nr�l aheiiId pFe}rida a air ai:11II R lFuses: 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: t. .� -• - MI.M. NONE 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 41" day of December, 2012 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, and Mayor Sbranti NOES: None ABSENT, Councilmember Swalwell ABSTAIN: None ATTE City Clerk Reso Flo. 203 -12, Adopted 12 -4 -12, Item 6.4 Page 7of7 Mayor