10J SUBJECT: SUBMITTED BY: DEPARTMENT: CITY COUNCIL REPORT Second Reading and Adoption of Ordinance 939B approving a Development Agreement by and between the City of Lincoln and Westpark LR, LLC relative to the development known as the Western Placer Education Foundation Residential Development located in the Twelve Bridges Specific Plan Area and Finding the Development Agreement Exempt from CEQA Jim Bermudez, Development Services Manager Community Development DATE: April 25, 2017 STRATEGIC RELEVANCE: Economic Development STAFF RECOMMENDATION: Staff respectfully recommends that the City Council adopt Ordinance 939B (second read) finding the project exempt from further environmental review under CEQA and approving a Development Agreement by and between the City of Lincoln and Westpark LR, LLC relative to the development known as Western Placer Education Foundation property located in the Twelve Bridges Specific Plan Area. BACKGROUND/INTRODUCTION: The City has received a request for a Development Agreement that covers the project area known as Western Placer Education Foundation property under ownership of Westpark LR, LLC (Westpark). The subject area is located in the southeast corner of the Twelve Bridges Specific Plan Area, which is the southeast corner of the Lincoln City limits. The City of Rocklin is south of the project area, and the property to the west, north, and east of the project is land zoned low-density residential and open space within the City of Lincoln (see attached Vicinity Map). The Planning Commission held a public hearing on March 15, 2017, and took unanimous action to recommend approval to the City Council of the Development Agreement. On April 11, 2017, City Council voted 5-0 to introduce and waive first reading of Ordinance 939B. The authority for the City to enter into a development agreement is pursuant to Government Code Section 65864 et.seq. and Chapters 18.80-18.86 of the Lincoln Municipal Code, whereby the City may enter into said agreement with a private party concerning the planning and development of property within the City limits. Such an agreement and its amendment, once approved by the City Council, is a contract, which bind future City Councils for the term of the agreement.
ENVIRONMENTAL REVIEW: When the Western Placer Education Foundation project was approved in 2003, the City prepared an Addendum to the Revised Twelve Bridges Specific Plan Subsequent EIR to analyze the impacts of the seventy on (71) unit residential project, in accordance with the California Environmental Quality Act. The Addendum provided evidence that the proposed project would not involve substantial changes requiring major revisions of the previous EIR due to new significant environmental effects or substantial increases in the severity of significant effects previously identified in the Revised Twelve Bridges Specific Plan Subsequent EIR. Approval of the Development Agreement is consistent with the findings of the Addendum and no evidence demonstrates that the agreement would require additional revisions. No new evidence demonstrates new impacts that were not previously identified. Therefore, no new environmental review is necessary as the impacts associated with development of seventy one (71) residential units was previously analyzed when the Western Placer Education Foundation property was considered for approval and the mitigation measures have been incorporated into the Conditions of Approval. CONCLUSION: Staff recommends that the City Council approve the Western Placer Education Foundation Property Development Agreement extending the term of the Western Placer Education Foundation Tentative Subdivision Map to June 24, 2027. FISCAL IMPACT: There is no anticipated fiscal impact. CITY MANAGER REVIEW OF CONTENT: APPROVED AS TO LEGAL FORM: LZW ATTACHMENTS: Vicinity Map Ordinance 939B Education Foundation Development Agreement and Exhibits
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ORDINANCE NO. 939B AN ORDINANCE FINDING THE PROJECT EXEMPT AND APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LINCOLN, A MUNICIPAL CORPORATION AND WESTPARK LR, LLC RELATIVE TO THE DEVELOPMENT KNOWN AS WESTERN PLACER EDUCATION FOUNDATION PROPERTY WHEREAS, Section 65864 et, seq. of the California Government Code provides for preparation and adoption of amendments to development agreements; and, WHEREAS, Title 18, Chapter 18.84, of the Lincoln Municipal Code provides for the review and recommendations of the City s Planning Commission on all development agreements; and, WHEREAS, notices describing the proposed Development Agreement by and between the City and Westpark LR. LLC (Westpark) that the City Council approve a Development Agreement by and between the City of Lincoln and Westpark LR, LLC were published indicating time, place, and purpose in the Lincoln News Messenger and property owners were notified within 10 days prior to hearing pursuant to Section 65091 of the Government Code as identified; and WHEREAS, in accordance with the California Environmental Quality Act (Pub. Resources Code, 21100 et seq., CEQA), in 2003, the City prepared Addendum to the Revised Twelve Bridges Specific Plan Subsequent Environmental Impact Report (EIR) to analyze the impacts of the seventy one (71) unit residential project. The Addendum provided evidence that the seventy one (71) unit residential project would not involve substantial changes requiring major revisions of the previous EIR due to new significant environmental effects or substantial increases in the severity of significant effects previously identified in the Revised Twelve Bridges Specific Plan Subsequent EIR. Approval of the Development Agreement is consistent with the findings of the Addendum and no evidence demonstrates that that the agreement would require additional revisions. In addition, no new evidence demonstrates new impacts that were not previously identified. Therefore, no new environmental review is necessary as the impacts associated with development of seventy one (71) residential units was previously analyzed when the Western Placer Education Foundation property was considered for approval; and WHEREAS, the Planning Commission reviewed the Development Agreement and conducted a public hearing on March 15, 2017 and approved Resolution 2017-12 making the recommendation to adopt the Development Agreement. NOW, THEREFORE, be it resolved by the City Council of the City of Lincoln that it hereby recommends adopt the Development Agreement identified as Exhibit A, as follows: Section 1. This Ordinance incorporates, and by this reference makes a part of hereof, that the Development Agreement, substantially in the form on file with the City, by and between, the City of Lincoln and Westpark LR, LLC relative to the Western Placer Education Foundation property. 1486632.2 13583 015 1
Section 2. The City Council finds the Development Agreement is consistent the Addendum to the Revised Twelve Bridges Specific Plan Subsequent EIR analyzing the impacts of the seventy one (71) unit residential project. The Addendum provided evidence that the seventy one (71) unit residential project would not involve substantial changes requiring major revisions of the previous EIR due to new significant environmental effects or substantial increases in the severity of significant effects previously identified in the Revised Twelve Bridges Specific Plan Subsequent EIR. The Addendum also determined there was no new information of substantial importance demonstrating and of the circumstances set forth in CEQA Guidelines section 15162(a)(3). (Pub. Resources Code, 21166, CEQA Guidelines, 15162.) The Development Agreement does not physically modify the seventy one (71) unit residential project reviewed in the Addendum and therefore the approval of the Development Agreement is consistent with the findings in the Addendum. No evidence demonstrates that the approval of the Development Agreement would involve substantial changes requiring major revisions of the previous EIR due to new significant environmental effects or substantial increases in the severity of significant effects. No new information of substantial importance demonstrates any of the circumstances set forth in CEQA Guidelines section 15162((a)(3) exist. Section 3. Development Agreement Findings. Pursuant to Section 18.84.070 of the City of Lincoln Municipal Code, the City Council finds and determines as follows: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the City s General Plan. This finding is based on a determination that Development Agreement extends the term of the Western Placer Education Foundation tentative subdivision map an additional ten years, expiring on June 24, 2027. b. The Development Agreement is compatible with the uses authorized in and the regulations prescribed for the land use zones in which the Twelve Bridges project is located. The land use described in the Development Agreement is consistent with the allowed and amended Specific Plan Land Use plan land use designations. c. The Development Agreement conforms to public convenience, general welfare and good land uses practices. The Development Agreement allows for development of single-family residences that are consistent with the surrounding planned land uses, which is consistent with the governing development standards and design guidelines for the development of a master planned community. d. The Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole. The Development Agreement ensures for a period of ten years, single-family residential would be constructed which would not present health, safety; general welfare conditions considering the planned development would be consistent with development of the planned residential properties. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values given the planned
development is consistent with the planned neighboring development and the Development Agreement identifies future development to be of a single-family residence which is consistent with the surrounding properties. f. The Development Agreement is consistent with the Development Agreement statutes in Government Code sections 65864 through 65869.5. It is specifically intended that those provisions shall govern all matters relating to content and enforceability of the Development Agreement. g. The property is located within a watershed with a contributing area of ten or fewer square miles, as determined by the city. Pursuant to the requirements of the Central Valley Flood Protection Act of 2008, the City Council finds that the property is located within a watershed with a contributing area of 10 or fewer square miles, as determined by the City. Section 4. Based on the findings set forth in this Ordinance, and the evidence in the staff report, and public testimony, the City Council approve the Development Agreement, substantially in the form on file with the City, subject to such language and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution thereof. PASSED AND ADOPTED THIS 25 th day of April, 2017, by the following roll call vote: AYES: NOES: COUNCIL MEMBERS COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: MAYOR Secretary