HomeMy WebLinkAboutItem 6.1 HansenRnchDevAgmt (2)
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CITY OF DUBLIN
AGENDA STATEMENT
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CITY COUNCIL MEETING DATE: MARCH 13, 1995
SUBJECT:
Public Hearing P A 94-054 Hansen Ranch Development Agreement
Amendment
REPORT PREPARED BY:
Tasha Huston, Associate Planner ~ jI;tJ-
EXHIBITS ATTACHED:
Exhibit A.
Ordinance Approving Development Agreement
Amendment (includes Development Agreement as
Attachment 1 to Ordinance)
RECOM:MENDATION:
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Open continued public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Waive Second Reading and Adopt Ordinance Approving
Development Agreement Amendment (Exhibit A)
FINANCIAL STATEMENT: None
DESCRIPTION
Martha Buxton, on behalf of California Pacific Homes, Inc., has requested a Tentative Map
Amendment and Development Agreement Amendment for limited revisions to Phase I of the approved
Tentative Map and Development Agreement for the Hansen Hill Ranch project. The requested
Development Agreement modifications relate to the width of the access road, the timing of development of
the road, and the extension of a creek access road off the site.
The proposed amendments were reviewed by the City Council with a Public Hearing on February
27, 1995. At this meeting, the Council voted to adopt the Resolution amending the Tentative Map and to
introduce the Ordinance approving the proposed amendments to the Development Agreement. The City
Council also approved by Resolution the Negative Declaration for this project, as well as the Resolution
relating to the Development Agreement Annual Review.
The actions and recommendations included minor modifications to the Resolution and Ordinance to
. clarify and correct certain issues. The approved Tentative Map Resolution will allow minor modifications
to lot lines, street configurations, and pad elevations. It would also allow construction of an 8-foot wide
creek hiking trail on the south side of the creek for public use, and a 12 foot wide creek access road on the
north side of the creek for city vehicle use only. The revisions to the Resolution text included adding a
statement excluding certain lots from any pad elevation changes, and a specification of the hiking trail
width. Council did not include a requirement for a cul-de-sac at the Martin Canyon Road stub street, as
recommended by Staff.
The Development Agreement Ordinance will allow the creek access road widths as described above
and approved with the Tentative Map Resolution. It will also allow for the creek access road to be
constructed in phases, and eliminate a previous requirement to construct a creek access road off-site.
These changes have been reflected in the Tentative Map Resolution approved by the Council on February
27, 1995.
The Ordinance approving the Development Agreement Amendment was also modified to clarify
that the Applicant, California Pacific Homes, was formerly known as the Bren Company. The attached
Ordinance (Exhibit A) reflects this minor revision.
Staff recommends that the City Council waive the second reading and adopt the Ordinance
amending the Development Agreement (Exhibit A).
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ITEM NO. ~
CITY CLERK
FILE ~
COPIES TO: Applicant
Owner
General File
project Planner
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ORDINANCE NO. 95 -
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AN ORDINANCE OF THE CTIY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO
P A 91-099 HANSEN RANCH PROJECT DEVELOPMENT AGREEMENT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
RECITALS
A. The City of Dublin and California Pacific Homes, Inc., formerly known as the Donald L. Bren
Company, previously entered into a Development Agreement for the Hansen Hill Ranch project dated March 25,
1992.
B. The Donald L. Bren Co. has changed its name to California Pacific Homes, Inc..
C. California Pacific Homes has filed an application requesting an amendment to the Hansen Hill
Ranch Development agreement to modify Conditions No. (a.) and (b.) of Subparagraph 5.3.2. of Exhibit "B" of
City of Dublin Development Agreement for the Hansen Hill Ranch project. The proposed modification will allow
for the construction of the creek access road referred to in this Condition (on the south side of the creek) to be
reduced in width from 12 feet to 8 feet and be constructed with the project phases, will provide for a 12' wide
access road on the north side of the creek, and will eliminate the requirement for an access road to be extended in a
designated area which is off of the project site. A copy of the proposed Development Agreement Amendment is
attached hereto as Attachment 1.
D. Public hearings on the proposed Development Agreement amendment were held before the
Planning Commission on January 17, and February 6, 1995, 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 an
amendment to the Development Agreement, which recommendation includes the Planning Commission's
determinations with respect to the matters set forth in Section 8.12.080 of the Dublin Municipal Code.
F. A public hearing on the proposed Development Agreement amendment was held before the City
Council on February 27, 1995, for which public notice was given as provided by law. Said public hearing was
continued to February 13, 1995.
G. The City Council has considered the recommendation of the Planning Commission (Planning
Commission Resolution No. 95-06), 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.
H. The previously adopted Negative Declaration for the Hansen Hill Ranch Development, Agreement
adequately covers the environmental setting and potential environmental impacts of this project.
Section 2
FINDINGS AND DETERMINATIONS
Therefore, on the basis of the foregoing Recitals, 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 in that a) the project approvals of said
Agreement include a General Plan Amendment adopted specifically for the Hansen Hill Ranch
project, and b) said Agreement furthers the affordable housing, parks, and open space policies of
the General Plan;
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use., district in which the real property is located in that the project
approvals include a Planned Development Rezoning adopted specifically for the Hansen Hill Ranch
Project;
EXHIBIT A
Section 3.
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3.
The Development Agreement is in conformity with public convenience, general welfare and good
land use policies in that said Agreement will provide public access to property that was previously
private and not accessible, will provide funds for affordable housing which will improve general
welfare, and will provide land use and access that are consistent and compatible with adjacent land
use;
4.
The Development Agreement will not be detrimental to the health, safety and general welfare in
that the development will proceed in accordance with the project's environmental impact report and
mitigation measures; and
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.
APPROVAL
The City Council hereby approves the Development Agreement amendment (Attachment 1) and authorizes
the Mayor to sign it.
Section 4.
RECORDA nON
Within ten days after the Development agreement is executed by the Mayor, 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 this 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, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 13th day of
March, 1995, by vote as follows:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
CITY CLERK
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AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THE DONALD L. BREN COMPANY
REGARDING THE HANSEN HILL PROJECT
THIS AMENDMENT ("Amendment") dated for identification as of February 27,
1995, is entered into by and between the City of Dublin, a municipal corporation ("City"),
and California Pacific Homes, Inc. successor in interest to the Donald L. Bren Company, a
California corporation ("Developer").
RECITALS
This Amendment is entered into on the basis of the following facts, intentions and
understandings of the Parties hereto:
A. The Parties previously entered into that certain Development
Agreement/City of Dublinfor the Hansen Hill Ranch Project dated March 25, 1992
("Development Agreement").
B. The Donald L. Bren Company has changed its name to California Pacific
Homes, Inc.
C. The Parties now wish to amend the Development Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto
hereby agree to amend the Development Agreement as follows:
1. Name Change.
The reference on page 1 of the Development Agreement to "DONALD L. BREN
COMPANY, a California corporation" is replaced by "CALIFORNIA PACIFIC HOMES,
me., a California corporation" and the reference in paragraph 21 to "Donald L. Bren
Company" and the address for DEVELOPER is changed to:
California Pacific Homes, Inc.
1 Civic Plaza, Suite 300
Newport Beach, CA 92660
Attn.: Jeffrey Slavin, President
ATTACHMENT 1
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2. Amendment to Exhibit B Subparagraph 5.3.2 (a): Exhibit B, Subparagraph
5.3.2., Subparagraph (a) of the Development Agreement is hereby modified to
read as follows:
"DEVELOPER shall construct an 8-foot wide aggregate base access trail (the
"Access Trail") over the Property along Martin Canyon Creek as described in
Condition No. 76 to the CIT~s approval of the Tentative Map for PA 89-062
("Condition 76"), and as modified in various conditions of the City's approval of
Tentative Map Amendment for P A 94-054. The Access Trail, together with that
portion of the Property lying between the fence to be constructed by Developer
pursuant to Condition 76 and the northern boundary of the Property, shall be
dedicated to the CITY for public access and maintenance purposes.
The aggregate-base access road (the "Access Road") proposed along the
north side of the creek and east of Martin Canyon Road shall be 12 feet wide, and
shall be dedicated to the City with the creek improvements, to the satisfaction of
the Public Works Director and subject to the approval of the Department ofFish
and Game and the Army Corps of Engineers. The width of the Access Road may
be reduced in some limited areas where needed for tree preservation, but the
Access Road shall be no less than 8 feet wide in these limited segments.
The construction and dedication required by this paragraph shall occur
either in two phases, concurrent with the two phases of project construction, or
the entire length of the road shall be constructed with Phase I of the project. At a
minimum, that portion of the Access Road and Access Trail adjacent to and
associated with Phase 1 shall be improved and dedicated to the City prior to
occupancy of any units in Phase 1.
When the creek area is dedicated to the city for maintenance of the public
open space, the City will accept, and be responsible for maintaining, the improved
Access Road and Access Trail, and the open space and creek areas which are
accessed from these. The City shall determine the acceptable level of maintenance
to be provided by the City. Upon dedication, DEVELOPER shall be released from
all liability for the maintenance of the property so dedicated."
3. Amendment to Exhibit B Subparagraph 5.3.2. (b): Exhibit B,
Subparagraph 5.3.2., subparagraph (b) of the Development Agreement, is hereby
modified to read as follows:
"There shall be turn around improvements made at the ultimate west end of
the creek Access Road and Access Trail, which shall be aggregate base for
maintenance vehicles and police patrol purposes. Temporary turnarounds shall be
constructed if needed at the ends of the Access Road and Access Trail in Phase I,
subject to the determination of the Public Works Director."
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of this date and year first above written.
CITY OF DUBLIN
By:
Name:
Its:
(NOTARIZATION AITACHED)
Approved as to form:
City Attorney
Attest:
City Clerk
CALIFORNIA PACIFIC HOMES, INC.
By:
Name:
Its:
(NOTARIZATION AITACHED)
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