Loading...
HomeMy WebLinkAboutReso 26-05 - Dublin Centre Development Agreement AmendmentOrd. No. XX-26, Item X.X, Adopted XX/XX/26 Page 1 of 3 Exhibit A ORDINANCE NO. XX - 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE SCS DUBLIN PROJECT BETWEEN THE CITY OF DUBLIN AND LANDSEA HOMES OF CALIFORNIA, LLC (PLPA-004414-2026) (APNs 985-0051-004, 985-0051-005, 985-0051-006, 985-0052-024, and 985-0052-025) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Applicant, Landsea Homes of California, LLC (now operating under the name of its parent company, Risewell Homes), is requesting to amend the Development Agreement with the City of Dublin for the SCS Dublin Project (aka Dublin Centre). The Dublin Centre Project site includes properties identified by Assessor Parcel Numbers 985-0051-004, 985-0051-005, 985-0051- 006, 985-0052-024, and 985-0052-025, an approximately 76.2-acre site generally bound by Tassajara Road, Gleason Drive, Brannigan Street. B. The Applicant is developing the 54-acre portion of the Dublin Centre project north Dublin Boulevard identified by Assessor Parcel Numbers 985-0051-006, 985-0052-024, and 985-0052- 025. The Development Agreement encompasses the entirety of the 76.2-acre; however, in accordance with Section 9.2.1 of the Development Agreement, a partial assignment was executed in May 2024 for the Development Agreement, which excluded New Homes from the obligations set forth in Section 8.1 Northside Drive and 8.2. Brannigan Street Extension. SCS Property retains those obligations. The requested approval or “Project” is a First Amendment to the Development Agreement. C. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The project is the subject of an Environmental Impact Report (EIR), State Clearinghouse No. 2022040022. The proposed amendment to the Development Agreement does not result in any impacts beyond what was previously analyzed in the EIR. D. The proposed First Amendment to the Development Agreement for the SCS Dublin Project is attached to this Ordinance as Exhibit A. E. The Planning Commission held a public hearing on the proposed First Amendment to the Development Agreement on May 26, 2026, for which public notice was given by law. F. The Planning Commission recommended that the City Council approve the First Amendment to the Development Agreement for the SCS Dublin Project by Resolution No. ________. Ord. No. XX-26, Item X.X, Adopted XX/XX/26 Page 2 of 3 G. A public hearing on the proposed First Amendment to the Development Agreement was held before the City Council on __________, for which public notice was given as provided by law. I. The City Council has considered the recommendation of the Planning Commission, 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. 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; (c) the Eastern Dublin Specific Plan, (d) the SCS Dublin Project EIR; (e) the Staff Report; (f) 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: A. The First Amendment 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 Eastern Dublin Specific Plan in that: (a) the First Amendment 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. B. The First Amendment 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 the Development Agreement does not amend the uses or regulations in the applicable land use district. C. The First Amendment 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 the Eastern Dublin Specific Plan and the General Plan as articulated in Resolution No. 136-22, amending the General Plan and the Eastern Dublin Specific Plan, adopted by the City Council on November 15, 2022. D. The First Amendment 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, Eastern Dublin Specific Plan, and future Project Approvals and any Conditions of Approval. E. The First Amendment 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 Eastern Dublin Specific Plan, and future project approvals. F. The First Amendment to the Development Agreement specifies the duration of the agreement, the permitted uses of the property, and the obligations of the Applicant. The First Amendment to the Development Agreement contains an indemnity and insurance clause requiring the Ord. No. XX-26, Item X.X, Adopted XX/XX/26 Page 3 of 3 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 the First Amendment to the Development Agreement for the SCS Dublin Project (Exhibit A to the Ordinance) and authorizes the City Manager to execute it. SECTION 4. RECORDATION Within ten (10) days after the First Amendment to the Development Agreement for the SCS Dublin Project is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. SECTION 5. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of ____________, 2026 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Mayor ATTEST: ________________________________ City Clerk RECORDING REQUESTED BY: CITY OF DUBLIN WHEN RECORDED MAIL TO: City Clerk City of Dublin FIRST AMENDMENT TO THE FOR THE SCS DUBLIN BETWEEN THE CITY OF DUBLIN AND LANDSEA HOMES OF CALIFORNIA, LLC 1 -to- RECITALS “ (“SCS for In ----, --, to property ( 2 , , o “ - - unit non- - [on 3 IN WITNESS WHEREOF CITY OF DUBLIN Colleen Tribby ATTEST: By: , City Clerk AS TO FORM: City Attorney LANDSEA HOMES OF CALIFORNIA, LLC a Delaware limited liability company By: 4 ---- --