CITY COUNCIL STAFF REPORT
MEETING DATE: August 5, 2015
PREPARED BY: Terry Linder, Senior Planner/Community Development
APPROVED BY: City Manager
Title
DEVELOPMENT AGREEMENT AMENDMENT DAA-09-05B: COCHRANE-BORELLO
END
RECOMMENDATION(S)
RECOMMENDATION
1. Open/close Public Hearing;
2. Waive First and Second Reading of Development Agreement Amendment Ordinance; and
3. Introduce Development Agreement amendment Ordinance.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Maintaining fiscal responsibility
2015 Focus Areas
Stimulate Economic Development
REPORT NARRATIVE:
The proposed Development Agreement Amendment (DAA) includes incorporation of the new (15, FY 2016-17) allocations and their corresponding Residential Development Control System (RDCS) commitments into the currently approved project development agreement. Commitments for expired RDCS allocations are proposed to be deleted (shown in strike-out text) since the corresponding allocations have expired and the commitments are no longer applicable. The proposed amendments to development agreement are shown in Exhibit A of the attached ordinance.
Further analysis is included in the attached July 14, 2015 Planning Commission staff report.
COMMUNITY ENGAGEMENT: Inform
A 10 day public hearing notice was published on Friday, July 24, 2015 in the Morgan Hill Times and notices were mailed to property owners within three hundred feet of the project pursuant to Government Code Sections 65090-65096.
ALTERNATIVE ACTIONS:
N/A
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
A public hearing was held with the Planning Commission on July 14, 2015, at which time the Commission voted 6-0 in favor of recommending City Council approval of the Development Agreement amendment request. The Commission indicated support for allowing this type of Development Agreement Amendment (e.g., amendments to incorporate additional allotments received by a project through successive RDCS competitions) through an administrative process and requested that a provision to allow such extensions be included the next time such a DAA is brought forward. The applicant spoke in support of the requested DAA. No other members of the public spoke on the item.
FISCAL AND RESOURCE IMPACT:
Filing fees were paid to cover the cost of processing the application.
CEQA (California Environmental Quality Act):
Project, Description of CEQA requirements
In accordance with Section 15162 of the CEQA Guidelines there is no substantial evidence, in light of the whole record, that the project development agreement as revised may have a significant effect on the environment; therefore no further environmental analysis is required. An Environmental Impact Report (EIR) was adopted for the project and a Notice of Determination was filed. The EIR was adopted prior to action taken to adopt the original project proposal. The custodian of the documents or other material which constitute the record shall be the Community Development Department.
LINKS/ATTACHMENTS:
1. Ordinance
2. July 14, 2015 Planning Commission Report
3. Vicinity Map