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HomeMy WebLinkAboutOrd 02-02 Toll DAs H1H2MH1MH2 ORDINANCE NO. 2 - 02 AN ORDINANCE OF THE CITY OF DUBLIN APPROVING FOUR DEVELOPMENT AGREEMENTS FOR PA 01-009 TOLL BROTHERS (TOLL CA II, L.P.) FOR NEIGHBORHOODS H1, H2, MH1 & MH2 OF DUBLIN RANCH AREA G THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Neighborhoods H1, H2, MH1 & MH2 of Dublin Ranch Area G is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area, which is designated on thc General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as Single Family land uses. B. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15182, the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993 and August 22, 1994 (the "EIR") (SCH 91103064). C. Four Development Agreements between the City of Dublin and Toll CA II, L.P. have been presented to the City Council, copies of which are attached to the Staff Report as Exhibits A-l, A-2, A-3 and A-4 of Attachment 1. D. A public hearing on the proposed Development Agreements was held before thc Planning Commission on March 26, 2002, for which public notice was given as provided by law. E. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreements. F. A public hearing on the proposed Development Agreements was held before the City Council on April 2, 2002 and April 16, 2002, for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered thc item at thc March 26, 2002 meeting, 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's General Plan, (c) thc Eastern Dublin General Plan Amendment, (d) thc Specific Plan, (c) thc EIR, (f) the individual Mitigated Negative Declarations (g) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Development Agreements are consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by thc Eastern Dublin General Plan Amendment, and in the Specific Plan in that (a) thc General Plan and Specific Plan land use designation for the site is Single Family Density Residential Land Uses and the proposed project is a project consistent with that land use, (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services, and (c) the Development Agreements include provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The. Development Agreements are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the project approvals include a PD District Overlay Zone for Dublin Ranch Area G, and vesting tentative tract map 7141 and 7142. · 3. The Development Agreements are in conformity with public convenience, general welfare and good land use policies in that Neighborhoods H1, H2, MH1 & MH2 of Dublin Ranch Area G will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential, commercial, parks~: schools, public and semi-public, open space and campus office uses at this location. 4. The Development Agreements will not be detrimental to the health, safety and general welfare in that the project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. 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 and with the Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreements (Exhibit A, 1, A-2, A-3 and A-4 of Attachment 1 to the Staff Report) and authorizes the Mayor to sign each agreement. Section 4. RECORDATION Within ten (10) days after the Development Agreements are executed by the Mayor, the City Clerk shall submit the Agreements to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 16th day of April 2002, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None K2/G/4-16-02/ord-da-areaG. do¢ (Item 6.1 )