Loading...
HomeMy WebLinkAboutReso 26-05 - Dublin Centre Development Agreement AmendmentRESOLUTION NO. 26-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE 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) WHEREAS, 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; and WHEREAS, 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 Co 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; and WHEREAS, 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; and WHEREAS, pursuant to the requirements of CEQA, the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures, the City prepared a Draft Environmental Impact Report (EIR) dated July 2022, and a Final EIR dated October 2022, for the proposed Project (State Clearinghouse No. 2022040022), which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, the proposed amendment to the Development Agreement does not result in any impacts beyond what was previously analyzed in the EIR; and WHEREAS, a Staff Report, dated May 26, 2026, and incorporated herein by reference, described and analyzed the First Amendment to the Development Agreement; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project, on May 26, 2026, at which time all interested parties had the opportunity to be heard. Reso. No. 26-05, Item 6.1, Adopted 05/26/2026 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission recommends that the City Council certify the EIR for the SCS Dublin Project. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt an Ordinance attached as Exhibit A approving a Development Agreement between the City of Dublin and SCS Development Company based on findings, as set forth in Exhibit A. PASSED, APPROVED, AND ADOPTED BY the Planning Commission of the City of Dublin on this 26th day of May, 2026 by the following vote: AYES: Prasath, Simuro, Rashid NOES: ABSENT: ABSTAIN: Badami, Han ATTEST: DocuSigned by: Planning Commission Chair Signed by: '^ Planning Manager Reso. No. 26-05, Item 6.1, Adopted 05/26/2026 Page 2 of 2 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 forthe 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 1 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 SOS 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 2 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 Ord. No. XX-26, Item X.X, Adopted XX/XX/26 Page 3 of 3 Docusign Envelope ID: 28CA881C-8923-8F73-817C-37A0C5A915EE RECORDING REQUESTED BY: CITY OF DUBLIN WHEN RECORDED MAIL TO: City Clerk City of Dublin loo Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE SCS DUBLIN PROJECT BETWEEN THE CITY OF DUBLIN LANDSEA HOMES OF CALIFORNIA, LLC Docusign Envelope ID: 28CA881C-8923-8F73-817C-37A0C5A915EE THIS AMENDMENT ("Amendment") is made and entered in the City of Dublin on this _________, 2026 by and between the City of Dublin, a Municipal Corporation (hereafter "City") and Landsea Homes of California, LLC, a Delaware limited liability company (hereafter "Developer"), pursuant to the authority of §§65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. City and Developer are from time -to -time individually referred to in this Amendment as a "Party" and are collectively referred to as "Parties." RECITALS A. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and B. Pursuant to that authority, City and Award Homes, Inc., a California corporation ("Award"), SCS Development Company, a California corporation ("SCS Development"), and Santa Clara Valley Housing Group, Inc., a California corporation ("SCV Housing") entered into that certain "Development Agreement for the SCS Dublin Project" dated December 6, 2022 and recorded in the Official Records of Alameda County ("Official Records") on January 19, 2023 as document number 2023005968 ("the Agreement"), regarding that certain real property legally described in Exhibit A to the Agreement. C. In 2024, Award, SCS Development, and SCV Housing partially assigned, as to Assessors Parcel Nos. 985-51-6, 985-52-24, and 985-52-25, the Agreement to Developer. The property so assigned (the "Assigned Parcels") is legally described in Exhibit A to this Amendment. D. Amendments to the Agreement are permitted by the mutual consent of the Parties in accordance with Article 9 of the Agreement and by the Development Agreement Statues; and E. Pursuant to Section 4.2 of the Agreement, the Term of the Agreement commenced upon the Approval Date and will continue for a period of five (5) years unless otherwise terminated, extended, or modified by the terms of the Agreement; and F. As this Second Amendment pertains only to the Remainder Property, the City and Developer are the only parties required to effect the amendment. Docusign Envelope ID: 28CA881C-8923-8F73-817C-37A0C5A915EE NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, City and Developer agree as follows: Section 1. Section 5.9, Project Phasing, of the Agreement is amended to read in its entirety as follows: "5.9 Project Phasing. The Property will develop in phases and ultimately will be subject to market conditions. Notwithstanding anything to the contrary in this Agreement, Developer agrees to the following conditions on phasing shall apply: 5.9.1 Phase 1 will consist of site preparation and mass grading of the entire Project site. 5.9.2 Phase 2 is composed of the horizontal development (e.g., construction of streets, utilities, etc.) and vertical construction of the Project, which will happen in sub - phases across all of the Project's Planning Areas. However, to ensure that the residential portions of the Project do not wholly develop in advance of the retail/commercial portions, the following restrictions are imposed on the issuance of permits: No more than 250 building permits shall be issued for a for -sale, market rate residential units on any portion of the Project site until improvement plans have been approved, bonds posted, and a building permit has been issued for construction of the five non-residential buildings within the Finnian Way Commercial area in Planning Area 2c (as defined, described, and depicted in the PD). Developer shall, once such permits are issued, make commercially reasonable efforts to commence and continue vertical construction of such non-residential buildings to occupancy authorization." Section 2. Full Force and Effect. Except as specifically clarified, confirmed or modified herein, the Agreement shall continue in full force and effect according to its terms. Section 3. Defined Terms. Defined terms have the same meaning in this Amendment as in the Agreement unless otherwise specified. Section 4. Effective Date of Amendment. This Amendment shall become effective upon the date the ordinance approving this Amendment becomes effective. Section 5. Recordation. City shall record a copy of this Amendment within ten (10) days following execution by all Parties. [Signature Block on Following Page] Docusign Envelope ID: 28CA881C-8923-8F73-817C-37A0C5A915EE IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Date: Colleen Tribby, City Manager ATTEST: By: ----------------------------- ate.: Marsha Moore, City Clerk APPROVED AS TO FORM: City Attorney LANDSEA HOMES OF CALIFORNIA, LLC a Delaware limited liability company L Signed by: C' kW , 5/19/2026 By: ----------------- Date: -------- Matt Gibson, EVP, Investments & Bay Area Division President Docusign Envelope ID: 28CA881C-8923-8F73-817C-37A0C5A915EE Exhibit "A" Legal Description of Assigned Parcels Real property in the City of Dublin, County of Alameda, State of California, described as follows: PARCEL ONE: PARCEL 2 OF PARCEL MAP 9512, FILED JUNE 23, 2008 IN BOOK 308, PAGES 13 THROUGH 18, INCLUSIVE OF PARCEL MAPS, ALAMEDA COUNTY RECRODS. PARCEL TWO: PARCEL 3 OF PARCEL MAP 9512, FILED JUNE 23, 2008 IN BOOK 308, PAGES 13 THROUGH 18, INCLUSIVE OF PARCEL MAPS, ALAMEDA COUNTY RECORDS. PARCEL THREE: PARCEL 4 OF PARCEL MAP 9512, FILED JUNE 23, 2008 IN BOOK 308, PAGES 13 THROUGH 18, INCLUSIVE OF PARCEL MAPS, ALAMEDA COUNTY RECORDS. APN: 985-0051-006 (AFFECTS: PARCEL ONE); 985-0052-024 (AFFECTS: PARCEL TWO) AND 985-0052-025 (AFFECTS: PARCEL THREE) al