HomeMy WebLinkAboutPC Reso 12-41 EDSP Amd Eliminate DA Requirement RESOLUTION 12 - 41
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL AMEND THE EASTERN DUBLIN SPECIFIC
PLAN TO ELIMINATE THE REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND
RELATED FINANCING PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS
WHEREAS, the specific plan amendment will remove development agreements, and
related financing plans and infrastructure sequencing programs, from the Eastern Dublin
Specific Plan (EDSP) implementation requirements (hereafter, "Project"). All development in the
Eastern Dublin Specific Plan area will continue to be subject to previously adopted EIRs and
other CEQA reviews and mitigation measures, EDSP development policies and standards,
zoning and development review, and all applicable subdivision and development ordinances;
and
WHEREAS, originally intended to ensure that infrastructure would be guaranteed as
development proceeded in Eastern Dublin, the requirement for development agreements is no
longer needed for that purpose and also constrains the City's ability to negotiate voluntary
agreements that provide certainty to developers in exchange for community benefits; and
WHEREAS, a Planning Commission Staff Report, dated November 13, 2012 and
incorporated herein by reference, described and analyzed the Project; and
WHEREAS, the Planning Commission considered the Staff Report and all written and
oral testimony submitted at a noticed public hearing on November 13, 2012, at which time all
interested parties had the opportunity to be heard.
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 Planning Commission recommends that the City
Council find the Project exempt under the general rule in California Environmental Quality Act
(CEQA) Guidelines section 15061(b)(3) that CEQA does not apply where it can be seen with
certainty that there is no possibility for a significant effect on the environment. There is no such
possibility for the Project since all previously adopted EIRs and other CEQA reviews and
mitigation measures, EDSP development policies and standards, zoning and development
review, and all applicable subdivision and development ordinances, including payment of impact
fees, would continue to apply to development projects to ensure they are supported by needed
infrastructure and public utilities.
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt the resolution attached as Exhibit A and incorporated herein by reference.
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PASSED, APPROVED AND ADOPTED this 13th day of November, 2012 by the following vote:
AYES: Wehrenberg, Schaub, Brown
NOES:
ABSENT: O'Keefe, Bhuthimethee
ABSTAIN:
7- too,(Z A p
)9. 9/te
PI na ning Commission C •
ATTEST:
C l
Assistan Corn unity Development Director
G:IPA#12012IEDSPA DA PC 11.13.121pc reso recommending edsp amendment to eliminate da requirement.doc
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RESOLUTION NO. XX-2012
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE REQUIREMENT
FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING PLANS AND
INFRASTRUCTURE SEQUENCING PROGRAMS
WHEREAS, in 1993, the City adopted the Eastern Dublin Specific Plan (EDSP) to guide
future development of approximately 3,300 acres of undeveloped lands east of Camp Parks
over a 20-30 year planning period. Subsequent amendments have increased the size of the
specific plan area, and most of the basic infrastructure has been constructed or is planned for
construction through annexation agreements, PD-Planned Development zoning, vesting
tentative map approvals, and/or other development entitlements; and
WHEREAS, the EDSP area was largely undeveloped when the plan was adopted;
therefore, an important goal of the plan was to ensure that infrastructure improvements and
public utilities were provided as needed by potential urban development. Among the
implementation tools for this goal were requirements that developers in the Specific Plan area
prepare detailed financing plans and infrastructure sequencing programs to identify necessary
Capital Improvements, including public facilities, streets and utilities and insure their timely
financing through related development agreements. The EDSP development agreements
typically vested development rights for a 5-year term and specified the precise financial
responsibilities of each developer; and
WHEREAS, originally intended to ensure that infrastructure would be guaranteed as
development proceeded in Eastern Dublin, the requirement for development agreements is no
longer needed for that purpose and also constrains the City's ability to negotiate voluntary
agreements that provide certainty to developers in exchange for community benefits; and
WHEREAS, the Specific Plan Amendment will remove development agreements, and
related financing plans and infrastructure sequencing programs from the EDSP implementation
requirements (hereafter, "Project"). All development in the Eastern Dublin Specific Plan area
will continue to be subject to previously adopted EIRs and other California Environmental
Quality Act (CEQA) reviews and mitigations, EDSP development policies and standards, zoning
and development review, and all applicable subdivision and development ordinances; and
WHEREAS, a Planning Commission Staff Report, dated November 13, 2012 and
incorporated herein by reference, described and analyzed the Project; and
WHEREAS, the Planning Commission considered the Staff Report and all written and
oral testimony submitted at a noticed public hearing on November 13, 2012, at which time all
interested parties had the opportunity to be heard, and adopted Resolution
recommending adoption of the proposed Project, which resolution is incorporated herein by
reference; and
1 EXHIBIT A TO
ATTACHMENT 2
WHEREAS, a City Council Staff Report dated December 4, 2012 and incorporated herein
by reference, described and analyzed the Project, and
WHEREAS, the City Council considered the Staff Report, the Planning Commission
recommendation, and all written and oral testimony submitted at a noticed public hearing on
December 4, 2012, at which time all interested parties had the opportunity to be heard.
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 Council finds the Project exempt under the
general rule in CEQA Guidelines section 15061(b)(3) that CEQA does not apply where it can be
seen with certainty that there is no possibility for a significant effect on the environment. There
is no such possibility for the Project since all previously adopted EIRs and other CEQA reviews
and mitigation measures, EDSP development policies and standards, zoning and development
review, and all applicable subdivision and development ordinances, including payment of impact
fees, would continue to apply to development projects to ensure they are supported by needed
infrastructure and public utilities.
BE IT FURTHER RESOLVED that the City Council approves the following Eastern
Dublin Specific Plan Amendment based on findings that the amendment is consistent with the
Dublin General Plan and that the Specific Plan as so amended will remain internally consistent.
A. Amend the Summary, Section 3.9.2, Financing Goals and Policies, to read as follows:
3.9.2 FINANCING GOALS AND POLICIES
The Specific Plan states that new development should pay the full cost of infrastructure needed
to serve the area and should fund the costs of mitigating adverse impacts to the City's existing
infrastructure and services.
B. Amend the Summary, Section 3.9.3, Implementation, to read as follows:
3.9.3 IMPLEMENTATION
Various actions are specified to carry out the financing policies of the Specific Plan, including
adoption of area of benefit ordinances, creation of a special assessment or Mello-Roos District,
establishment of a landscaping and lighting district and geologic hazards abatement district,
evaluation of Marks-Roos bond pooling, reviewing the need for a builder impact fee system, and
coordinating efforts with the school district and CalTrans on public improvements.
C. Amend the Summary, Section 3.10.1, Key Implementing Actions, to delete the last bullet
"Preparation of Financing Plans", as follows:
3.10.1 KEY IMPLEMENTING ACTIONS
• EIR Certification
• Adoption of CEQA Findings
• Amendment of the General Plan
• Adoption of the Specific Plan
• Prezoning
• Conclude Property Tax Exchange with the County
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• Annexation of the Specific Plan area to the City of Dublin
• Preparation of a Plan for Services
• Annexation of Specific Plan area into DSRSD
• Preparation of Subarea Planned Development Plans
• Filing of Tentative Maps
• Site Development Review/Design Review
• Preparation of Public Improvement Plans
• Filing of Final Map
• Preparation of Park Improvement Plan
D. Amend the Summary, Section 3.10.2, Other Implementing Actions, to delete the first bullet
"Entering into Development Agreements", as follows:
3.10.2 OTHER IMPLEMENTING ACTIONS
In addition to the procedural steps given above, the following actions will assist in implementing
the Specific Plan.
• Adoption of Area of Benefit Ordinance
• Analysis of Financing Techniques
• Analysis of Feasibility of Marks-Roos Bond Pooling
• Analysis of Feasibility of Citywide Builder Impact Fee System
E. Amend the Summary, Section 3.10.3, Administration of the Specific Plan, to read as follows:
3.10.3 ADMINISTRATION OF THE SPECIFIC PLAN
Responsibility for administering the Specific Plan will be a joint effort of the City of Dublin and
developers in Eastern Dublin. The City will review and approve projects in the Planning Area.
F. Amend Section 4.4.1, Location and Diversity, Action Program: Location and Diversity, to
delete Program 4D, as follows, and renumber subsequent programs as appropriate:
G. Amend Section 10.1, Introduction to read as follows:
10.1 INTRODUCTION
The two primary purposes of this financing chapter are 1) to show how the major infrastructure
costs of new eastern Dublin development will be financed and 2) to show that measures have
been taken to ensure that new development will not drain existing City resources.
H. Amend Section 10.4, Goals and Policies, to delete the Goal statement at the top of p. 209,
as follows:
I. Amend Policy 10-6 on p. 209 to read as follows:
Policy 10-6: Require developers who proceed ahead of any applicable infrastructure phasing
plans to pay the costs of extending the backbone infrastructure to their project subject to future
reimbursement.
J. Amend the 3 d full paragraph on p. 211 to read as follows:
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The generally accepted standard is that total annual assessments (ad-valorem property taxes
plus Mello-Roos or other assessments) should be less than two percent of property value.
Since one percent is already accounted for in the ad-valorem property tax, the assessments
should not exceed one percent. Note that in Table 10.4 all of the residential and commercial
units would have annual assessments equal or below one percent. In short, this financing
approach would spread the debt burden amongst the various land uses without placing any
undue burden on any one land use.
K. Amend the Action Program: Financing, on p. 211 to remove the first bullet, as follows:
L. Amend the bulleted list in Section 11.1 on p. 219 to delete the last two bullets as follows:
11.1 SUMMARY: SPECIFIC PLAN IMPLEMENTATION PROGRAM
The following shows the approximate sequence of the key implementing steps that should be
followed by the City to effectively implement this Specific Plan.
• Certify the Eastern Dublin Specific Plan Program Environmental Impact Report
• Adopt findings as required by the California Environmental Quality Act (CEQA)
• Amend the General Plan
• Adopt the Specific Plan
• Adopt prezoning for the Specific Plan area
• Conclude property tax exchange agreement with the County
• Annex currently unincorporated Specific Plan areas into the City and DSRSD service
area
• Prepare a Plan for Services
• Adopt development review procedures for projects in the Specific Plan area
• Adopt Subarea Planned Development Plans
• Approve Master Grading, Utility and Drainage Plans
• Review and approve individual Tentative Subdivision maps
• Adopt Public Improvement Plans
M. Amend Section 11.2.7, second paragraph, to read as follows:
"Planned Development Plans shall be prepared in greater detail than the Specific Plan, in
keeping with zoning ordinance requirements. The plan shall show the location and arrangement
of all proposed uses, specify the circulation system, define parcels, refine the design standards,
specify the infrastructure requirements, reflect the applicable mitigation measures of the Final
EIR, include master neighborhood landscape plans, and note neighborhood park location.
Planned Development plans shall also include a written statement which discusses affordable
housing and any other such material or information required by the Eastern Dublin Specific
Plan, the Dublin General Plan, and/or needed for the type of development proposed. Action
programs within the Specific Plan provide specific requirements.
N. Amend 11.2.10, Public Improvement Plans, to read as follows:
11.2.10 PUBLIC IMPROVEMENT PLANS
The on-site and off-site public improvements necessary to serve the eastern Dublin planning
area need to be specifically designed. The applicants should prepare for City review and
approval Public Improvement Plans, consisting of detailed engineering designs and documents
for all utilities necessary to develop the land uses identified in the Specific Plan.
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O. Delete Section 11.2.13, Financing Plans, as follows, and renumber subsequent sections as
appropriate:
P. Amend Table 11.2, Responsibilities for Key Implementing Actions, to delete the last line
referencing "Financing Plans", as follows:
Table 11.2
RESPONSIBILITIES FOR KEY IMPLEMENTING ACTIONS
Key Implementing Actions Responsibility for Document Preparation Adoption by
EIR Certification City City
CEQA Findings City City
General Plan Amendments City City
Specific Plan Adoption City City
Prezoning City City
Annexation City/DSRSD City
Subarea Plans Developers City
Tentative Map Developers City
Site Development/Design Review City City
Public Improvement Plans Developers City
Final Subdivision Map Developers City
Park Improvement Plans City City
Q. Delete Section 11.3.1, Development Agreements, as follows and renumber subsequent
sections, as appropriate:
R. Amend Table 11-3, Responsibilities for Other Implementing Actions, as follows:
11.3.6 RESPONSIBILITIES FOR OTHER IMPLEMENTING ACTIONS
Table 11-3
RESPONSIBILITIES FOR OTHER IMPLEMENTING ACTIONS
Responsibility
For Document
Other Implementing Actions Preparation Adoption by
Individual Development Agreement City City
Area of Benefit Ordinance City City
Special Assessment District or Mello-Roos CFD Developers City
Landscaping and Lighting District Developers City
Geological Hazards Abatement District Developers City
Marks-Roos Bond Pooling City City
Citywide Builder Impact Fee System Developers City
S. Amend Section 11.4.1, Responsibilities for Administration of the Specific Plan, to read as
follows:
11.4.1 RESPONSIBILITIES FOR ADMINISTRATION OF THE SPECIFIC PLAN
Administration of the Eastern Dublin Specific Plan will be a joint effort of the City of Dublin and
developers in Eastern Dublin.
T. Amend Action Program: Location and Diversity, on p. A5-2 to delete Program 4D, as follows,
and renumber subsequent programs as appropriate:
U. Amend Appendix 5 to delete the second Goal statement on p. A5-33 as follows:
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V. Amend Policy 10-6 on p. A5-34 to read as follows:
Policy 10-6: Require developers who proceed ahead of any applicable infrastructure phasing
plans to pay the costs of extending the backbone infrastructure to their project subject to future
reimbursement.
W. Amend Action Program: Financing, on p. A%-34 to remove the first bullet, as follows:
X. Make necessary conforming amendments to the EDSP for consistency with the above
amendments, including revisions to the table of contents, renumbering or relettering provisions,
as appropriate.
BE IT FURTHER RESOLVED that this resolution shall become effective thirty (30) days after
passage.
PASSED, APPROVED, AND ADOPTED this day of December, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
1976156.2
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