HomeMy WebLinkAbout8.1 Attch 3 Exh A CC Ord-Amndmt #1 to Dev Agmt ORDINANCE NO. xx-15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * � * * * * * * * � * * * * * � � * * * * *
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE
DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. On November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the demolition
of the existing buildings and other improvements on the site and construction of a residential
mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000
square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre
Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students;
and
B. On March 17, 2015, the City Council directed Staff to prepare Amendment No. 1 to
the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC
related to the Dublin Crossing Project that would accompany proposed amendments to the
General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and
C. Pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21, 2015,
incorporated herein by reference, was prepared, which describes the proposed amendments to
the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin Specific Plan, the
Amendment No. 1 to the Dublin Crossing Development Agreement and its relation to the
analysis in the Dublin Crossing EIR; and
D. Amendment No. 1 to the Development Agreement will vest the Project Approvals.
E. The Planning Commission held a public hearing on Amendment No. 1 to the
Development Agreement on May 12, 2015, for which public notice was given by law; and
F. The Planning Commission made its recommendation to the City Council for
approval of Amendment No. 1 to the Development Agreement by Resolution.
G. A public hearing on the proposed Development Agreement was held before the
City Council on , 2015 for which public notice was given as provided by law.
�xN f1 i o
AT'I'ACIII7P;NT 3
H. The City Council has considered the recommendation of the Planning
Commission, including the Pianning 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, as amended; (c) the Dublin Crossing Specific Plan, as
amended, (d) the CEQA Addendum for proposed Dublin Crossing Project Amendments; (e) the
Staff Report; (fl 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. Amendment No. 1 to 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 Dublin Crossing Specific Plan, as amended, in that: (a) Amendment
No. 1 to the Development Agreement incorporates the objectives policies, general land uses
and programs in the General Plan and Specific Plan and does not amend or modify them; 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. Amendment No. 1 to 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 because Amendment No. 1 to the Development Agreement does not amend the uses
or regulations in the applicable land use district.
3. Amendment No. 1 to the Development Agreement is in conformity with public
convenience, general welfare, and good land use policies in that the Developer's project will
implement land use guidelines set forth in Resolution No. XX-XX, amending the General Plan,
Dublin Crossing Specific Plan, and the Eastern Dublin Specific Plan, adopted by the City
Council on , 2015.
4. Amendment No. 1 to 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, Dublin Crossing Specific
Plan, as amended, and future Project Approvals and any Conditions of Approval.
5. Amendment No. 1 to 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 Dublin Crossing Specific Plan, as amended, and future
Project Approvals.
6. Amendment No. 1 to the Development Agreement does not change 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 original Development Agreement continues to contain 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.
2
Section 3. APPROVAL
The City Council hereby approves Amendment No. 1 to the Development Agreement
(Exhibit A-1 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
, 2015 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
3