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HomeMy WebLinkAboutItem 4.03 SorrentoAtDubRch CITY CLERK File # D~IO][Q]-~[Q AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 17, 2006 SUBJECT: Development Agreement for Sorrento at Dublin Ranch Area F West, PA 04-042 Report prepared by Mike Porto, Planning Consultant ATTACHMENTS: Staff Report from January 3, 2006 Council meeting, including proposed Ordinance. RECOMMENDA TION: vJ?f' Waive reading and adopt Ordinance approving Development ~ Agreement between the City of Dublin and Sorrento Dublin Ranch, I, L.P. FINANCIAL STATEMENT: None DESCRIPTION: At its January 3,2006 meeting, the City Council conducted a public hearing, waived the reading and introduced an Ordinance which would approve a Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, LP, submitted by Toll Brothers, Inc. The Developer is proposing approximately 423 units of medium density residential on 44.1 acres, five individual residential neighborhoods, a 2-acre site for a neighborhood square, and one private recreation center. As per the Eastern Dublin Specific Plan, the Developer is required to enter into a Development Agreement for any development in the eastern portion of the City (see attached Staff Report). Recommendation: Staff recommends that the City Council waive the second reading and adopt the Ordinance approving the Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, LP. COPY TO: Applicant/Owner In-House Distribution Page 1 of 1 ITEMNO.~ G:\PA#\2004\04-042 Toll Area F & B\DA West\cc consent calendar sr 1-17-06.doc I ()f 7 CITY CLERK File # L~n AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 3,2006 SUBJECT: ATTACHMENTS: RECOMMENDA TION: <& \)'f>, '\ FINANCIAL STATEMENT: PROJECT DESCRIPTION: PUBLIC HEARING: PA 04-042, Development Agreement for Sorrento at Dublin Ranch Area F West - Development Agreement between the City of Dublin and "Sorrento Dublin Ranch I, L. P." submitted by Toll Brothers, Inc. for approximately 45 acres. Report Prepared by: Mike Porto, Consulting Planner 1. Ordinance approving a Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, L. P. with Development Agreement as Exhibit A Vicinity Map Map of Sorrento at Dublin Ranch Area F West Planning Commission Resolution 05-64 recommending City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, L. P. Planning Commission Staff Report of December 13, 2005 2. 3. 4. 5. 1. 2. Open the public hearing Receive Staff presentation and take testimony from the Applicant and the Public Close the Public Hearing and deliberate, and Waive reading and introduce the Ordinance (Attachment 1) approving the Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, L. P. 3. 4. No financial impact. BackeroundIProposed Proiect In September 2005, the City Council was presented with the project known as Sorrento at Dublin Ranch Area F East and Area F West (PA 04-042) (see Vicinity Map - Attachment 2). The 124.8-acre combined area is generally located south of the proposed extension of Gleason Drive, north of the extension of Central Parkway, east of the proposed extension of Brannigan Avenue, and west of the proposed extension of Lockhart Avenue and proposed community sports park. Area F East and Area F West are COPIES TO: Applicant Property Owner A-T-fMn~ '+,3 'In/Of G:\PA#\2004\04-042 Toll Area F & BillA West\CCSR-DA 1-3-06.doc separated by the proposed extension of Grafton Street. AreaF East is approximately 80 acres and Area F West (See map - Attachment 3) is approximately 45 acres. Sorrento at Dublin Ranch Area F West is proposed to be developed with approximately 423 units in five neighborhoods along with a 2.0-acre Neighborhood Square, private recreation areas, public improvements, and an open space corridor/multi-use trail system. The Eastern Dublin Specific Plan requires all new development to be subject to a development agreement. Staff and the developer have prepared the proposed Development Agreement (Exhibit A to the Ordinance) for Sorrento at Dublin Ranch Area F West. The parties to the proposed Development Agreement are the City of Dublin and Sorrento Dublin Ranch I, L. P., a limited partnership associated with the Applicant, Toll Brothers Inc. which currently has acquired the property from the Lin Family. Since Area F West and Area F East are proposed to be developed as separate phases, the developer is requesting approval of the Development Agreement for Area F West, only, at this time. A second Development Agreement for Area F East will be prepared and presented for approval at a later date. 1- /?( 7 Plannine Commission Hearioe At its meeting of December 13, 2005, the Planning Commission held a public hearing and unanimously adopted Resolution No. 05-64 (Attachment 4) recommending that the City Council adopt an Ordinance approving the proposed Development Agreement. A copy of the Planning Commission staff report for the meeting of December 13, 2005 is attached for City Council reference (Attachment 5). ANALYSIS: Development Agreements are required of all applicants for development within the Eastern Dublin Specific Plan (EDSP) area. They are allowed by local government under California Government Code ~~ 65864 et seq. and authorized by Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56"). Through the Development Agreement, the City and any person having a legal or equitable interest in such real property agree on the development of the property while establishing certain development rights and obligations that implement the EDSP. The Development Agreement must be approved by the City Council prior to recordation of the final Tract Map and issuance of building permits for the development of the property. Development Agreements are approved by an ordinance of the City Council following a recommendation by the Planning Commission. A Development Agreement for Sorrento at Dublin Ranch Area F was not included in the items presented to the City Council at the time of the public hearing for the requested project approvals. Therefore, in accordance with the Eastern Dublin Specific Plan, the current request is for a Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, L. P. (Exhibit A to the proposed Ordinance). The Development Agreement was drafted with input from City Staff, the Project Applicant, Property Owner, and the City Attorney based on the standard Development Agreement prepared by the City Attorney and adopted by the City Council for projects located within the Eastern Dublin Specific Plan area, and more specifically Dublin Ranch. Since the Development Agreement runs with the land, the rights thereunder can be assigned with authority for approval of such requests for transfer or assignment delegated to the City Manager (Section 17 of the Development Agreement). The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project for a period of five years. The City also benefits from entering into the Development Agreement with the property owner. This document is a contract that establishes obligations for meeting the goals of the Eastern Dublin Specific Plan and guarantees timing for construction of public infrastructure and facilities for the project area. Additionally, it ensures that dedications of property and easements are made, project phasing is followed, the appropriate fees are paid for the development, and any additional terms of the agreement are carried out as development proceeds. The proposed Development Agreement also would be consistent with the preceding development agreements pertaining to the property and the Dublin Ranch project over all. In return, the Developer agrees to comply with the conditions of approval and, in some cases, make commitments for which the City might otherwise have no authority to compel the Developers to perform. Specifically, the Development Agreement augments the City's standard development regulations; spells out the precise financial responsibilities of the developer; ensures timely provision of adequate public facilities for each project; and provides terms for the Developer to advance funds for specific facilities which have community-wide or area benefit or for reimbursement, as appropriate. ?Of 7 ENVIRONMENTAL REVIEW: In 1993, the City Council certified an Environmental Impact Report (EIR) for the Dublin General Plan's Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, including revisions to Part I of the Responses to Comments relating to the Kit Fox, Addendum to the DEIR dated May 4,1993, and a DKS Associates Traffic Study dated December 15, 1992 (SCH#91103064). Collectively, these documents comprise the "Eastern Dublin EIR." The Eastern Dublin EIR is a program EIR, which anticipated numerous subsequent actions related to future development; it also identified some impacts resulting from implementation that could not be mitigated. Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation- monitoring program, which included a series of measures intended to reduce impacts from the implementation of the plan. The timing for implementation of these mitigation measures is summarized in the adopted Mitigation and Monitoring Program matrix. In 1997, the City Council approved a Negative Declaration (Resolution 140-97) which addressed an area of approximately 453 acres in Dublin Ranch Areas B through E, including a variety of residential and non-residential uses, as well as a community park of approximately 52 acres. For the portions of the project within Area F, the City approved a Mitigated Negative Declaration on February 15,2000 through Resolution 34-00 which included approximately 147 acres from other areas within Dublin Ranch, assigned a more specific location for the community park, and proposed to relocate the residential and commercial uses of the proposed Village Center south to Dublin Ranch Area G. On March 16, 2004, an EIR Addendum was certified by City Council Resolution No. 43-04 pursuant to CEQA Guidelines Section 15164. The Addendum related to PA 01-037 addressed the following: a) General Plan Land Use Amendment; b) Eastern Area Specific Plan amendment; c) Vesting Tentative Tract Map Nos. 7281,7282, and 7283; and d) the Site Development Review proposed. The Addendum also included an updated traffic study. At that time it was determined that the project would cause no environmental impacts beyond those previously identified in the Eastern Dublin EIR, the Negative Declaration approved in 1997, and the subsequent Mitigated Negative Declaration approved in 2000. Also, in conjunction with the Addendum prepared in 2004, the property owner has since obtained permits from state and federal agencies for alteration of wetlands and has implemented related offsite mitigation. It has been determined that the project proposed under application P A 04-042, which includes the proposed Development Agreement, has been adequately addressed in the 2004 EIR Addendum and would cause no environmental impacts beyond those previously identified and addressed. PUBLIC NOTIFICATION: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no contact or objections from surrounding property owners regarding the current proposal. CONCLUSION: ~ p+7 The Development Agreement will implement the provisions of the Planned Development zoning for Area F West, the Stage 2 Development Plan, and conditions of approval of Master Vesting Tentative Tract Map 7641 and the five neighborhood Vesting Tentative Tract Maps previously approved (Nos. 7642, 7643, 7644, 7645 & 7646). It also is consistent with the terms and conditions established in the preceding Development Agreements associated with this property and updates certain provisions, as needed, based on the most current project approvals. RECOMMENDATION: Staff recommends that the City Council: (1) Open the public hearing; (2) Receive Staff presentation and take testimony from the Applicant and the Public; (3) Close the Public Hearing and deliberate; and (4) Waive reading and introduce the Ordinance approving the Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, L. P. (Attachment 1). ,tI'7 ORDINANCE NO. XX - 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************** APPROVING THE DEVELOPMENT AGREEMENT FOR SORRENTO AT DUBLIN RANCH AREA F WEST (SORRENTO DUBLIN RANCH I, L. P.) PA 04-042 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed project known as Sorrento at Dublin Ranch Area F West is located within the boundaries of the Eastern Dublin Specific Plan, and was included in a group of approvals for Planned Development under PA 04-042. B. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15168, the Developer's project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93, the Addenda dated May 4, 1993 and August 22, 1994 (hereafter "Eastern Dublin EIR" or "program EIR") (SCH91103064). The Program EIR was integral to the City Planning Department and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and area wide mitigation measures for developing Eastern Dublin. In connection with project PA 01-037 for Dublin Ranch Area F, the City Council certified an EIR Addendum (Resolution No. 43-04) that is available for review in the planning department and is incorporated herein by reference. In connection with project PA 04-042 Sorrento at Dublin Ranch Area F West and Area F East and consistent with CEQA and the CEQA Guidelines, the City made a determination that the project was adequately addressed and would cause no environmental impacts beyond those previously identified and addressed. All adopted supplemental mitigation measures continue to apply to the project area; and C. A Development Agreement between the City of Dublin and Sorrento at Dublin Ranch I, L. P. (limited partnership) ("Developer") for Toll Brothers, Inc. has been presented to the City Council, Exhibit A, attached hereto. D. A public hearing on the proposed Development Agreement was held before the Planning Commission on December 13,2005, for which public notice was given as provided by law. E. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement. F. A public hearing on the proposed Development Agreement was held before the City Council on January 3, 2006 and , for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at the December 13,2005 meeting, 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. ~ 01 ? Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the EIR, (f) the individual Mitigated Negative Declarations (g) the Addendums and (h) the Agenda Statement, 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, as amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use designation for the site is Medium Density Residential and Neighborhood Square, and the proposed project is consistent with that land use, (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services, and (c) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 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 in that the project approvals include a Stage 1 Development Plan Amendment, Stage 2 Development Plan, and Vesting Tentative Maps. 3. 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 the Specific Plan and the General Plan which have planned for Medium Density Residential and Neighborhood Square uses at this location. 4. The Development Agreement will not be detrimental to the health, safety and general welfare in that the Developer's project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 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 and with the Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the Mayor 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. 2 7 ()r 7 PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of 2006, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\P A#\2004\04-042 Toll Area F & B\DA West\Sorrento-draftOrd-DA.doc 3