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HomeMy WebLinkAbout6.1 HansenRnchDevAgmt . CITY OF DUBLIN AGENDA STATEMENT e 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: tr cY il _ #3) I\I/V' 4) 5) 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). -1- ------------------------------------------------------------------------------------- ITEM NO. ~ CITY CLERK FILE ~ COPIES TO: Applicant Owner General File project Planner e ORDINANCE NO. 95 - e 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. e e 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 (g:pa\94054\ccordda2 ) -2- ~---~-~~~. e e 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 e e 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." 2 e e 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) (pa#\1994\94054\libbyda) 3