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HomeMy WebLinkAboutSb 343 4.12 May 16, 2017 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the May 16, 2017, City Council meeting agenda packet. Items 4.12 ERRATA SHEET May 16, 2017 In order to correct the names of the entities referred to within these documents, the City wishes to make the following changes: Agenda Item: 4.3 Title: Community Facilities District Formation- Dublin Crossing Public Services 1. Within the Resolution Authorizing the City Manager to Execute a Deposit and Reimbursement Agreement, all references to the entity "Dublin Crossing Venture LLC" should read "Dublin Crossing, LLC." 2. Within the Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes, all references to the entity "Dublin Crossing Venture LLC" should read "Dublin Crossing, LLC." Agenda Item: 4.12 Title: Amendment No. 3 to the Development Agreement Between the City of Dublin and Dublin Crossing, LLC Related to the Dublin Crossing Project 1. In the title of the Ordinance, the reference to the entity "Dublin Crossing Venture LLC" should read "Dublin Crossing, LLC." 2813934. 1 ORDINANCE NO. xx-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMENDMENT NO. 3 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, 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. The City and Dublin Crossing, LLC are parties to that certain development agreement for the Dublin Crossing Project, dated November 19, 2013, as amended June 16, 2015 and January 9, 2016. The Development Agreement was adopted to facilitate 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; and a 12-acre school site to serve approximately 900 students; and B. The Development Agreement provides (a) that Developer will dedicate, in three separate phases, certain lands for a community park and make specified cash contributions in conjunction with those dedication for the improvement of the park and (b) that City will complete the park improvements within a specified period of time from receiving the dedication and contributions. The parties now desire to amend the agreement to make Developer responsible for designing and improving the community park, consistent with the City's master plan for the park. C. The Developer has offered to design and construct the three phases of the community park prior to its acceptance by the City, and the parties have negotiated Amendment No. 3 to the Development Agreement to formalize the process for the Developer's design and construction of the three phases of the community park. D. The Development Agreement allows for insubstantial amendments (as defined) without notice and public hearings before the Planning Commission and City Council, and the proposed amendment meets the definition of an insubstantial amendment. 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 Staff Report; (e) 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. 3 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 it merely specifies that the Developer, rather than the City, is responsible for designing and constructing the community park consistent with the City's master plan for the park. 2. Amendment No. 3 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. 3 to the Development Agreement does not alter the uses or regulations in the applicable land use district. 3. Amendment No. 3 to the Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that it will result in no changes to the previously approved Project Approvals. 4. Amendment No. 3 to the Development Agreement will not be detrimental to the health, safety, and general welfare in that it will result in no changes to the previously approved Project Approvals. 5. Amendment No. 3 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. 3 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. Section 3. APPROVAL The City Council hereby approves Amendment No. 3 to the Development Agreement (Exhibit A-1 to the Ordinance) and authorizes the City Manager to execute it. 2 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 16th day of May, 2017 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2813937.1 3