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Home My WebLink AboutItem 6.1Schaefer Ranch Reorg . .. ",- , ::. "--.:; . CITY CLERK File # Dra[2J0J-~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 6, 1998 SUBJECT: P A 96-037 Schaefer Ranch Reorganization (Report Prepared by: Tasha Huston) ;;t-ti EXHIBITS ATTACHED: Exhibit A. Resolution ordering AnnexationlDetachment Attachment 1: LAFCo Resolutions No. 97-17 & 97-18 RECOMMENDATION: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Receive any oral and written protests from property owners/registered voters. 4) Question Staff, Applicant and the public. 5) Close public hearing; determine value of written protests (if any); and deliberate. 6) Adopt draft resolution (Exhibit A) ordering: 1) the annexation of500:!::: acres to the City of Dublin; 2) the annexation of 500 :!::: acres to the Dublin San Ramon Services District, 3) the annexation of 340:t acres to Zone 7 of the Alameda County Flood Control & Water Conservation District(Zone 7), and 4) the detachment of 329:t acres from the Hayward Area Recreation and Parks District (HARD); or terminate proceedings if a majority protest is made. 4# FINANCIAL STATEMENT: A fiscal study of the project's impacts was conducted as part of the Environmental Impact Report. The report concludes the project as proposed, and with the mitigations recommended in the EIR, would not result in a revenue deficit for the City. DESCRIPTION: The Schaefer Ranch Reorganization proj ect involves a proposed development adjacent to the City of Dublin western City Limits including up to 474 homes, a small commercial area, recreational land uses and open space, on a total project area of 2:.500 acres. The proposed reorganization includes adding the site to various service districts (DSRSD and Zone 7) and detaching from the Hayward Area Recreation and Parks District. The City Council certified the project ErR, adopted a General Plan Amendment, and Prezoned the project site in July of 1996. The Council also authorized staff to proceed with an application to the Alameda County - -- - - -............... - - --------- - - - - - - - - -- - - - - - - - - -- COPIES TO: Applicant, Owner, Representative In-house distribution ITEM NO. 6.L LAFCo for annexation of the project site to the City. On October 15, 1996 the City Council atlopted' Resolution No. 118-96 reaffirming the previously established agreement with Alameda County regarding the exchange of property tax revenues. The reorganization application was submitted t<LAFCo, and on September 11, 1997, LAFCo held a public hearing, heard and received all oral and written comments which were presented or filed, and then ... approved the Schaefer Ranch Reorganization (annexation and detachment) request through LAFCo Resolution No. 97-18 (see Attachment 1). Summarizing the resolution, LAFCo determined that this reorganization would provide a logical and most efficient provision of essential municipal services to the area by the City of Dublin, DSRSD, and Zone 7. The reorganization is also consistent with the orderly, planned and efficient urban development of the area. Both the City of Dublin and the County of Alameda have reached an agreement on an exchange of property tax revenues and have adopted resolutions accordingly. LAFCo found the reorganization proposal consistent with the Spheres of influence boundary lines of the City of Dublin and the Dublin San Ramon Services District, and the Dublin General Plan. LAFCo determined that the proposed reorganization is inconsistent with a portion of the East County Area Plan and the County Open Space Element, but that the County plans will not have jurisdiction over the project site upon annexation. LAFCo further determined that the territory does not meet the definition of prime agricultural lands as set forth in the Cortese -Knox Act nor is the territory under agricultural preserve status. LAFCo found the City's Plan for Services, including DSRSD's Plan for Services for potable and recycled water, wastewater collection, treatment and disposal services, to be adequate and feasible for the project area. LAFCo determined the territory to be uninhabited pursuant to the Cortese-Knox Act, and 100% of the property owners in the proposed territory have given their consent to this annexation. Lastly, LAFCo found the project to be within the scope of the Schaefer Ranch Final Environmental Impact Report. LAFCO approved and authorized the reorganization subject to the terms and conditions specified in the draft resolutions, Exhibits A and B. The terms and conditions include the following: 1) correction of the Final Maps and Description (as may be required) by the County Surveyor; and 2) incorporation into LAFCo's action by reference, all terms and conditions specified in DSRSD's Resolution No. 46-96 regarding the project. In approving the reorganization request, LAFCo designated the City of Dublin as the "Conduc~ing Authority" and authorized the City to proceed with the publication of all legal notices and public hearings as required by state statute. .".." . . .--" According to the requirements of the Cortese-Knox Act, the City, acting as Conducting Authority, must hold a public protest hearing to hear and receive any oral or written protests to the annexation, and to determine whether the annexation can be approved. Protests which would require termination of the proceeding would need to be filed by land owners owning at least 50 percent or more of the assessed value of land within the affected territory. If no such protest is received, the City must order the reorganization. If the annexation is ordered, the City will forward a resolution containing the results of the proceedings to LAFCo for final review and ratification. At the time this agenda report was prepared, no protests had been filed. Because all property owners within this territory are parties to the reorganization request, no protests are anticipated. The effective date of this reorganization is the date on which the Certificate of Completion is issued by LAFCo and recorded with the County Recorder. If no protests are filed, staff recommends the City Council adopt the resolution ordering the annexation. .:: g:\pa#\1996\pa96037. .' .-: e:. ." RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING TERRITORY DESIGNATED AS "PA 96-037 SCHAEFER RANCH REORGANIZATION (ANNEXATION/DETACHMENT)" ANNEXED TO THE CITY OF DUBLIN, TO ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, AND TO THE DUBLIN SAN RAMON SERVICES DISTRICT, AND DETACHED FROM THE HAYWARD AREA RECREATION AND PARK DISTRICT WHEREAS, the Local Agency Formation Commission of the County of Alameda adopted its Resolution No. 97-17 and 97-18 on September 11, 1997, making determinations and approving the proposed reorganization, consisting of 1) the annexation of 500:1: acres to the City of Dublin; 2) the annexation of 500:1: acres to the Dublin San Ramon Services District; 3) the annexation of 340:1: acres to Zone 7 of the Alameda County Flood Control & Water Conservation District (Zone 7); and 4) the detachment of 329:1: acres from the Hayward Area Recreation and Parks District (HARD); and WHEREAS, the terms and conditions of annexation as approved by the Local Agency Formation Commission are as follows: 1) The correction of the Final Maps and Description as may be required by the County Surveyor; 2) Those terms and conditions specified in Resolution No. 46-96 adopted by the Dublin San Ramon Services District regarding this proposal, entitled "Resolution Setting Terms and Conditions for Change of Organization Consisting of Annexation of Certain Herein Described Territory to the Dublin San Ramon Services District and Concurring with Application For Reorganization by the City of Dublin;" said resolution is incorporated in its entirety into this action by reference WHEREAS, the reason for this annexation is to provide for consistent and orderly development to insure that essential municipal services are provided; and WHEREAS, this resolution is adopted pursuant to the Cortese Knox Act, Government Code Section 56000 et.seq.; and WHEREAS, in accordance with the provisions of the Revenue and Taxation Code, Section 99, the City of Dublin by Resolution dated October 15, 1996 and the County of Alameda by Resolution dated October 22, 1996 have reached agreement on an exchange of property tax revenues; and WHEREAS, 100% of the property owners in the proposed territory have given their consent to this annexation; WHEREAS, the Local Agency Formation Commission has designated the City of Dublin as the Conducting Authority and has authorized the City Council to proceed with the publication of all legal notices and public hearings as required by statute; and WHEREAS, all legal notices have been given as required by statute; and WHEREAS, the City Council conducted a public hearing on January 6, 1998, and at the conclusion of the hearing determined that no written protests were filed by the owners of land within the affected territory. - 1 - NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby orders the territory described in Attachment A-I annexed to. the City of Dublin, the territory described in Attachment A - 2 annexed to the Dublin San Ramon Services District, the territory described in Attachment .----- - - A-2 annexed to Zone 7, and the territory described in Attachment A-3 detached from the Hayward Area . Recreation and Park District, and directs the City Clerk to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of Alameda County, pursuant to the provisions of Division 3 Cortese- Knox Local Government Reorganization Act of 1985 Government Code 56000 et seq. PASSED, APPROVED, AND ADOPTED this 6th day of January, 1998. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk . . - 2 - e,. ,. . .' " ".' COUNTY SURVEYOR'S STATEMENT BOIA'IDAIi'Y UNe OF lEIi'm 1m r IS SHOMO ON lIIe "AP OF SCHAum RANa, ANNEXA DON ro 111( alY OF OtIBUN. AOO"IID Br_ R[SOWIKW NO. ___ ON me DAY W__ 19--' SAID MAP WAS aR IJRCD BY me ocpu rr ;l;DUI< rr SIJR>EYDR ON lIIe OAYW '9__ COUNTY RECORDER'S STATEMENT fll.CD A r me MotiES r or I1I!: C1 rr OF fJIJBUN A r l<INU7CS PAsr _ _' II. ON me __ 0~199_ IN lIAP.B/1C<( _ AI PAGE' _ lINDm SERIfS /10, _ ReCORDS OF ALAUCOA coom r, CAUroIi'/II,I" D~S OE.scmp 110/1 CONFORMS ro IIIE: Ii'E:OU",OfCN.S W THE: AlAUCOA COUll rr LOCAL MfNCY FOIl"A DON COU'.5SIW. OGWAlO J. LABellE:, OIRl;C1m OF PlIGUC IOl1IIKS COliN IY OF AI. AurnA PA rRlCK J. O"CONl-lfil COIA'I rr RECOIlO[R otISAIM H. KA WAIi'. COliN rr SU1i'I-f:YDR R.c,e. "8<99, e""lMs -5/J0I97 - Bl! ocpurr COUI< ry MCOROCR BI! RUSSlll REAG PENl.AND. oR. DfPurr COliN rr SUIi' ''l: WR. LS. 15716, EXPIRES: .1/J'199 aAIf: LAFCO'S STA TEMENT n~s MAP ~I(/i FUD "'AS ACCOWA"1El> Br A crnnncArc OF COUPI.CIKW AND A CEIlIl/llD COPY Of' III!: BOIiNDARY Of:SCRIP noN OClWCAIID limON. AS REQt/IREI) BY SECDON S18GJ or DIE ca,f:R/i.rrn r COOE; ,"~CH 111( aR I1fJCA If or COIfPLEIION ANO BOlINOAR r OESC11lP DON ARE: RECOROf:D IN seRIC5 or ana.. RECORDS, RECOIlOS OF ALA/.II'OA C0U/i11'. GAl/FOONIA SUSAN $. MURAfflSHt execu DI-t' Gmcm L OCR A.CENC Y fORMA non CQUMrSSlCW OF AUI.LfW,.lI COUI'fTY, C~urORMA. AMP DnINf' A.1WC e<JUNOAR r or I'lRRif{ll;' Y ANIKXCD ro 1H( '" 1)" or OIJ8t~, CAlIroIi'N~ BY RemuIION NO. or I/IC OUSLJN C1 rr COUNCil.. oAm-1P"?- 9& &I! DOOALD K. C1/NT, l.ATCO STArr ADMINIS OIA Ole ....AL ts. ~ ~ ~ ~ > I lo-l .",::, 1'IS4Jt1.ot.11MM I t ALAME"DA C(J. /~7 \ HAYWA"O L \. -_'T.lO'1<"/l VICINITY MAP ... EXHIBIT "A" SCHAEFER RANCH REORGANIZA TION A PORnON OF ScCnONS J AND 4, TOWNSHIP J SOUTH, RANGE 1 ItE'ST, MOUNT DIABLO BASE AND MeRIDIAN THE C/TV OF aU.UN ALAMEDA cOWIn; CALIFORNIA RESOLUTION NO. DA TED: ft... Design Resources, b:. '7J11 PI_II - Enetl'_1I - S.....)/oll 2700 Y!llt1'ocl" VoU_,. Read, S't.In.. lOO _uJ 0-..,., e<<I'"",1o 9.,98-J.62 m (JIO) l1D-9JOO OCTOBER, 1QQts DA TE: oIANV4KY 1991 REVISED: IIHEEr f .1 J J2 --- 5 r-.. C> I N No)..~ <I lfl'j' ... ~ .J"'c>:t~ d~o ::)~ >l\J::: Sit <I I I 0 I=l ... <I '<( D" (1\lfl QIl: lD !Ii 0 z :::l!u 0.. '<(I: <t ....! '<(- ~ COl1R8E r ABLE . srA IF or CAUrORHM RiCHT IF II'A Y ~ HAMfG. Dl:Ir. I II' JJII2'Jl" f 114.22 M.o.lw 2 II' 81 T"J' f 127.27 1l1.272m J II' 4.71'4" II' 1115,1' .l2.211m 4 II' 1I'J".r f 100. II JO.Ulm $ II' 27'J7'J" E "2,0' '2....m 1 II' '436'2.' f "2.$1 '''MIm 7 11',. II' 'la' II' 22!U2 .Illllh , II' .no'.J' f 22:1.. MI73m , II' U'J7'04' f 17$,02 .u "'m 10 II' 74111'J4' E In.11 M.Ulm II II' 12'J".l.' II' 20"" 10 12. 21lh 12 II' n'.. '02' II' 2~'0 77.107m I.l II' .n,'n' f ID$.07 .l2.02~ 14 II' ".." 'JJ' f 170." n.072m " II' 1127'Or II' II $.11 .l$.2J/lm II II' 24""'''' II' "M.l 41.'7Jm " II' 81"""22' f 211.17 '$.819m II 11''' ..,2'2' f "I..J $4.$01m 1 /I II' 1$17'11' E JZOII 17.&J$m ,,". M II' 2f24 'u' II' 140. ff 42.'14m ...........ANNEXATlON NO. g IOLWOARY UHf IF Il1IllrItl'l Y AHNDIm III Th'F a rr or OIJllUN IY OIJIlUN a rr COIINaL ON 12-10-/110 IY arr REmUIIOH NO. 1$0-10 A 1.I.4/' or _01 WAS /UtI '-27-') IN IIOOIC 11$ OF lW'5 A r PAGE II REl:CflDS or Id..4UfIlA COON 7Y.~' CAUrOI'lNIA. 0~1IOH ~ 1I-'4001! I'OIIfr 01' "_a :!i 'U-2~~'';~~-00 il I~~ 11 ~~ )..).. ...... uu JJ MACHADO 83-28672 APN 851'1-2400 001-03 JJ MACHADO 83-28672 APN 0941-0010-004, 005 ALAMEDA COUNrr rUNINCORPORA TEDI 4 if- 4 Jl- '400' 901-001.-_-00 1.l.$I ,t AC ~ i ~ 1/. $fc nGW 91-'400' 94 J -0011- 002- OJ J2.115,t AC '1-9<00$ "A -1000-001-/7 76.'1 ~ AC 5 l':l Qe! ~~ I~~ IUU IO-IIJ" /J5A- 1000-001-11 1~.17 ~ AC. 1__ - - o 400 SCALe 1'- .00' I lOll Jl- '400' '''-0011- 002-02 11.00 ~ AC PROPOSED ANNEXA nON reJ'T A.L ACHA or iRHt..I1 AC. 110.1.". "'crAJI~ti ALL ARl'AS OOTAJNro /'/10M Al.wroA CctlNrr .AlSSESSOO"S AI..',II"s. HorE: CAPS BtrwEEN llNa ARE SHOW____ roR ClfAPfll<:Al PURPOSES GI'II. r. "- All pAllAlUI. UNE:S ARE AC IVAU Y 111( SAME UNE:. 11-'400' 6.lA-IOOO-OOI-I4 2....' % AC ,,--- 1/' SECmw PJ-I<OO$ 15.01- 1000- 001- " J2.4' % AI:: STATE OF CALIFORNIA INTERSTATE HVY 580 NO, 21 22 U 24 " 26 27 21 29 JO JI J2 JJ 1.4 .ll .JlI .l7 EXHIBIT "A" SCHAEFER RANCH REORGANIZA rlOH A PORnOfJ OF SECnONS J AND -I, TOWNSHIP J SOUTH, RANGE 1 ~Sr. MOUNT DIABLO BASE AND MERIDIAN STATE Of" CAllFORNIA INTERSTATE HVY 580 I. IIIE ARl'A SIlO"" IS BASlO ON ASSEssm'S ilAl'S 2. TIlE EXlSI1NC a IT or OOBLJN AND ANNEXA RON BOUNCARtES SflO"", ON TIllS MAP ARE NOT BASro uPON A F/fU) SURlot"l; rw r ARl' AN __lAIr BOUNOAR r CllMPI.lro mOM VARIOUS A VAJLAIIlE PV8t/C RECORe OATA CfNfRA{{ I; exlSlINC rENas HA \of: MEN IIClO AS T1If ANNEXA RON BOONDAR r LINE. IIIf nNAl ANNEXA "ON BOUNDARY NiD ARC-..... MLL Be COMPU7ro AAO Pl 0 nro roLLO~C A nruJ SUR\of: r ANO OFTIa RESCLU RON. 1. AS A OOArRNC CONI~NRON. nir 5UAl{ SEI'ARA nON !lf1"fEN 1'00011011S or rllr lPNfJlUIIk AROUND n If BOUNDAR r or nus ANND"A lKIN llf/lf: PIlO fWfO 10 AlWW lIUlIFLE lJfSC11fP IlON S TO ec f'tAa- ON ~HA r 1+OOtO Q l'H!17IHS! sr A smGt( UNf. nJfSE liliES AIlE 11> SF CONS/(J!/ll'O CClHCIOCN r EXCEPT IfHCRE NOrro. THI! CITl' OF DU.l.1H Al.AMEDA COUNTY, CALIFORNIA RESOLUTION NO. DA TED: p;A Design Resources, Inc, ".""".. · En-'._lI I Sur..."". ons TINt; arr or /XJ8tw _SEll AHNEXA7IOIIlJctINOARY 27rJO Y"'C1do VoR.,.. Rood. $ftu.. roo -, cn.r., C411I"",~ ""I-J4I2 In (510) ~ 10- '1.00 !:Eill!E:.. OCTOBER, '996 DA TE: oIANUAt,'Y 1'If7 REVISED: :,. " . .Hur , ., II .,1 .-. .': .:; EXISTING WESTERN BOUNDARY SOurH TO THE ONE-QUARTER CORNER BETWEEN SAID SECTIONS 3 AND 4 (1'.3 s.. R1 w.); THENCE, EAST ALONG THE NORTHERLY LINE OF SAID SOUTHWEST ONE- QUARTER OF SECTION 3 (F.3 s.. RI W) AND SAID EXISTING WESTERN BOUNDARY TO THE POINT OF BEGINNING. CONTAINING 500.28 ACRES MORE OR LESS. THIS DESCRIPTION IS A COMPILATION OF RECORD LEGAL DESCRIPTIONS. THE FINAL ANNEXATION BOUNDARY, DESCRIPTION AND AREA WILL BE COMPUTED AND PLOTTED FOLLOWING A FIELD SURVEY AND OFFICE RESOLUTION. . r exP. 6. ~e; .t?CJ BOUNDARY LINE OF TERRITORY IS SHOWN ON THE MAP OF SCHAEFER RANCH REORGANIZATION, CITY OF DUBLIN, ADOPTED BY RESOLUTION NO. ON THE TH DAY OF 199.. SAID MAP WAS CERTIFIED BY THE DEPUTY/COUNTY SURVEYOR ON THE DAY OF ,199. . THIS DESCRIPTION CONFORMS TO THE REQUIREMENTS OF THE ALAMEDA COUNTY LOCAL AGENCY FORMATION. DONALD J. laBELLE. DIRECTOR OF PUBLIC WORKS COUNTY OF ALAMEDA OUSAMA H. KAWAR. COUNTY SURVEYOR KC.E. #18499. EXPIRES 06/30/97 BY: RUSSELL REID PENLAND. JR DEPUTY COUNTY SURVEYOR L.S. #5726. EXPIRES 12/31/99 DATE: REVISED: . EXHIBIT I DESCRIPTION OF SCHAEFER RANCH ANNEXATION TO THE CITY OF DUBliN THAT CERTAIN PARCEL OF LAND SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF SECTIONS 3 AND 4 OF TOWNSHIP 3 SOUTH, RANGE I WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARnCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SOUTHWEST ONE-QUARTER OF SAID SECTION 3 (1:3 S., R I W.), SAID POINTS ALSO BEING AN ANGLE POINT IN THE EXISTING WESTERN BOUNDARY OF THE CITY OF DUBLIN AS SHOWN ON THE MAP OF ANNEXATION NO.9, RESOLUTION NO. 150-90, FILED ON AUGUST 27, 1991 IN BOOK 185 OF MAPS AT PAGE 66 RECORDS OF ALAMEDA COUNTY, - THENCE SOUTH FROM SAID CORNER ALONG THE EASTERLY LINE OF SAID SOUTHWEST ONE- QUARTER AND SAID EXISTING WESTERN. BOUNDARY TO THE NORTHERLY LINES OF THOSE CERTAIN PARCELS OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEEDS RECORDED JUNE 23, 1975, REEL. 4010, IMAGE 30 AND RECORDED NOVEMBER 30, 1976, REEL 4621, IMAGE 764, OFFICAL RECORDS OF SAID COUNTY; THENCE, LEAVING SAID EASTERLY LINE AND SAID WESTERN BOUNDARY ALONG SAID NORTHERLY liNES (4010 OR 30 AND 4621 OR 764) THE FOLLOWING Co.URSES, SOUTH 3]002'37" WEST, 164.22 FEET; THENCE, SOUTH 86019'23" WEST, 227.27 FEET,' THENCE, NORTH 46<>21 :49" WEST, 105.68 FEET; THENCE SOUTH 81 039'44" WEST, 100.18 FEET; THENCE SOUTH 2r37 '39" .... - WEST, 172.05 FEET,' THENCE, SOUTH 64056'28" WEST, 152.59 FEET,' THENCE, NORTH 54005'20" WEST, 225.92 FEET; "THENCE, SOUTH 8r40'43" WEST, 223.68 FEET: THENCE, SOUTH 2]<>37'04" WEST, 176.02 FEET,' THENCE, SOUTH 74001'34" WEST, 195.64 FEET; THENCE, NORTH 82039'34" WEST, 204.10 FEET,' . .THENCE NORTH 5r44'02" WEST, 255.60 FEET: THENCE, SOUTH 82018'52" WEST, 105.07 FEET; THENCE, SOUTH 19051'33" WEST, 170.84 FEET,' THENCE, NORTH 89027'07" WEST, JJ5.61 FEET; THENCE, NORTH 24059'58" WEST, 154.13 FEET,' THENCE, SOUTH 88055'22" WEST, 216.17 FEET,' THENCE, SOUTH 19052'22" WEST, 178.83 FEET,' THENCE, SOUTH 85017'16" WEST, 320.98 FEET; THENCE, NORTH 24024'23" WEST, 140.61 FEET,' THENCE, SOUTH 86020'10" WEST, 294.73 FEET; THENCE, SOUTH 48<>49'52" WEST, 102.97 FEET; THENCE, NORTH 66<>31 '12" WEST, 232.99 FEET; THENCE, NORTH 43002'38" WEST, 241.95 FEET,' THENCE, NORTH 74<>41'36" WEST, 484.10 FEET; THENCE, SOUTH 81008'09" WEST, 378.64 FEET; THENCE, NORTH 41~39'34" WEST, 426.99 FEET; THENCE, NORTH 60<>33'37" WEST, 260.44 FEET; THENCE, SOUTH 78003'54" WEST, 413.07 FEET; THENCE, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF A NON-TANGENT CURVE, CONCA VED SOUTHEASTERLY, THE RADIUS POINT OF WHICH BEARS SOUTH 48 <>51'18" EAST, HA V1NG _ A RADIUS OF 650.00 FEET, THROUGH A CENTRAL ANGLE OF 24038'59'~ A DISTANCE OF 279.64 FEET,' THENCE, TANGENT TO LAST SAID CURVE, SOUTH 16029'43" WEST, 18.85 FEET; THENCE, NORTH 74<>30'24" WEST, 300.19 FEET; THENCE, NORTH 6r22'47" WEST, 458.31 FEET; THENCE, NORTH 7~<>11'25" WEST, 458.62 FEET; THENCE, NORTH 87<>58'44" WEST, 407.40 FEET,' THENCE, NORTH 76<>12'50" WEST, 301.12 FEET,' THENCE, NORTH 81006'38" WEST, 222.75 FEET; THENCE, NORTH 55<>21 '19" WEST, 274.44 FEET; THENCE, SOUTH 70<>39'54" WEST, 123.83 FEET TO THE WESTERLY LINE OF SAID SECTION 4 (1:3 s., R1 W.); THENCE, LEAVING SAID NORTHERLY LINES (4010 OR 30 AND 4621 OR 764) ALONG SAID WESTERLY LINE (1:3 S., Rl W) NORTH TO THE NORTHWEST CORNER OF SAID SECTION 4 (1'.3 S., Rl W.); THENCE, ALONG THE NORTHERLY LINE OF SAID SECTION 4 (T.3 S., R1 W.) EAST TO THE NORTHEAST CORNER OF SAID SECTION 4 (T.3 S., R1 w.) SAID POINT ALSO BEING IN SAID EXISTING WESTERN BOUNDARY AS SHOWN ON THE MAP OF ANNEXATION NO.9, RESOLUTION . NO. 150-90, FILED ON AUGUST 29,1991 IN BOOK 185 OF MAPS AT PAGE 66 RECORDS OF ALAMEDA. COUNTY; THENCE, ALONG THE EASTERLY LINE OF SAID SECTION 4 (1:3 S., R1 W.) AND SAID M ~ Ed ~ ~ >- I N e: 4 .~ ~ .' e., SCHAEFER RANCH PR.6sED ANNEXATION Dublin San Ramon Services District and Zone 7 W EST E n I~ E X TEN D E D r LAN II I I-I G A n E' A \.580 \ \ "'-- ..., \ , LEGEND C:'771 ~ Existing DSRSD service area In Clly 01 Duhlln 1-580 ~~ ~'17-mm:J ,.~{.;t~':\<:;::l,"= t~::-~f.J~~~ PlOflosed 1ll1l1oxuUolllo Dublln,Soll REIman Services Olstllct (DSRSD) fW~ Proposed Ilnnexatlon 10 Alemeda Coul\ly Zone 7 Waler Agency (npproxlnlllle contlouml1on) Western Exlended Plonnlng Area flU 1100 1100 I 1400 wo 4000 M ~ Ed 10-0( 1-3 ~ (,H '. LEGEND ~ ...... f EfT t\OO . SCHAEFER RANCH PROPOSED DETACHMENT Hayward Area Recreation and PClrks District r,.~ I .:;.~ 1 ...., , ....~ "- I -....:.~~ I · ,~ I : '~ "0- , . ,.._.,.~ I : "c,:?' I . ",' Q I · ~o' q,.,. I :.,~ ~ I . Q:" ~ I : .-.,.~""'-). I .,....;::::. I . \" ---=' .... I.\" ....;::':' .... I : ,.~ ~..:"" I . '''-':' ~ I..... I WESTERN EXT~NDED I . I PLANNING .t:REA I . I . I . I :I:: .. >. ~/ ;n : .. 0 · /~ ...... '.: .. .. .. .. I I HAYWARD AREA I _ _.... I ...------....,_/~". , L.... CITY OF SAN RAMON RECREATION , & \.'---, , \ PARK DISTRICT Rowell Rench Rodeo Park 1.51lO PlOposed detachment flom Hayward Area Recreation & Park District {HARD) New proposed boundary of Hayward Area Recreation & Park District - City limits 1;';;i14~:iiI ProJ ect slla 1:100 2400 4&00 1200 .; CITY OF DUBLIN ~ .' . ,:-> . . ... ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION ..RESOLUTION . 97-17 LAPCO FINDINGS, EXPLANATION, ANP STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO CEQ_1\ AND THECEQA GUIDELINES REGARDING . . THE CITY OF DUBLIN'S SCHAEFER RANCH REORGANIZATION 1. As part of a continuing or phased project, including, inter alia, General Plan Amendment, Specific Plan, Rezoning, and Annexation of lands that would be affected by the above noted proposal, the City of Dublin, acting as lead agency, prepared an Environmental Impact Report (EIR) entitled "Schaefer Ranch Project/ General Plan Amendment." The EIR, among other things, analyzes the significant environmental impacts that could result from the aforementioned discretionary entitlements. The Alameda County Local Agency Formation Commission finds the EIR i;5 adequate to satisfy the requirem~nts related to its approval of this reorganization involving the annexation of affected territory to the City of Dublin and the Dublin San Ramon Services District, and the detachment of affected territory from the Hayward Area Recreation and Parks District, and has been processed in compliance with the California Environmental Quality Act (CEQA) and State and local CEQA Guidelines. The Findings and Statements of the City are incorporated herein by reference.. 2. . , The Alameda County Local Agency Formation Commission has reviewed and considered, inter alia, a) the information contained in the ErR and'other supporting documentation, b) the Executive Officer's Report, and c) the City of Dublin's General Plan Amendment. 3. The EIR identified a number of significant environmental effects, mitigation measures and project alternatives. Except for a) the no-project option as discussed below, and b) mitigation measures that would be implemented by approving the reorganization, each and every change . or alteration to the project as identified in the EIR which would avoid or substantially lessen . the significant effects are within the responsibility and jurisdiction of agencies other than LAFCo. These measures have been, or can and should be, adopted by other agencies. The Alameda County Local Agency Formation Commission has only broad scope planning powers relating to local governmental agency boundaries and lacks the power to control the specifics of a) conditions of land use approvals, b) design of public works or infrastructure -1 of 2- . ATTACHMENT 1 or, c) provisions of local agency services or controls in a manner that could cause implementation a! mitigation measures or project alternatives specified by the ErR (e.xcept fA the no project option and mitigation measures implemented by approving the reorganizatio~ 4. The Alameda County Local Agency Formation Commission finds that the no project alternative is infeasible because it is in conflict with the City of Dublin's General Plan Amendment, and the applicant's objectives for the site, would preclude the City from obtaining an alternative transportation connection to the west, and would result in lost opportunities for open space dedications and trail connections. 5. The City of Dublin's Draft and Final EIR include sufficient information pertaining to LAFCo concerns that it may be relied upon for this decision. Specifically, the EIR includes a tabular sununary of "planning and policy concern" on pages 3-17 V:l-.1"'~1 reference the ErR's discussion of each of LAFCo's areas of responsibilities. 6. Statement of Overriding Considerations: The Alameda County Local Agency Formation Commission has balanced the merits of the project and has determined that the benefits of the proje~t ou~eigh the unavoidable adverse environmental effects as stated in the City of Dublin's findings of July 1, 1996, specifically the unavoidable cumulative loss of open space (private rangeland), and the project's beneficial dedicatio.n of public and priv~te open space and trails for recreation, habit preservation, an~ cornrnuruty open space amern ty. .., ***** This Resolution was approved and adopted by the Alameda County Local Agency Formation Commission-at a regular meeting held on September II, 1997 at 7051 Dublin Boulevard, Dublin, California on the motion made by Commissioner Butler, seconded by Corrunissioner Foulkes, and duly carried. Ayes: 6 (Brown, Butler, Chan, Foulkes, Morrisson and Tarver) Noes: 1 (Steele) Absent: o Ben Tarver, Chairperson Alameda County Local Agency Formation Corrunission AP:ro7onn:~ By: Ft -~ ~cfE. Cham liss Senior Deputy County Counsel .,. -2 of 3- . .:- .:.::. CERTIFICATION: I hereby certify that the foregoing is a correct copy of a resolution adopted by the Local Agency Forrnatio 'on of Alameda County, California. Attest .~ - ! Donald K. Graff, LAPeo AdnUnistrativ. nalyst for Susan S. Muranishi, LAPeo Executive Officer Date: September 12, 1997 .......(".- ._~. UF:DUBUNCEQA.DKG -3 of 3- ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION .- RESOLUTION NO. 97-18 CITY OF DUBLIN P A 96-037 SCHAEFER RANCH REORGANIZATION', WHEREAS, a ~esolution application dated May 6, 1997 from the City of Dublin was heretofore filed with the Executive Officer of the Alameda County Local Agency Formation Commission by the City Council of the City of Dublin; . - . WHEREAS; said resolution application shall be referred to as P A 9{)"()37 SCHAEFER RANCH REORGANIZATION; WHEREAS, said reorganizationshall include the following components: 1) the annexation of SOD.3j: acres to the City of Dublin; 2) the annexation of SOO.3j: acres to the Dublin San Ramon Services District; and 3) the detadunent of 304.6+ acres from the Hayward Area Recreation and Parks District; WHEREAS, said Executive Officer has reviewed the application and prepared a ei report, including her recommendations thereon, noting that the City of Dublin, as lead agency, considered and certified a Final EnvironmentalImpact Report on July 9, 1996 and that said application and environmental documentation has been reviewed and found to be adequate for consideration by the Commission; , WHEREAS, in the form and manner prescribed by law, the Executive Officer has given notice of public hearing by this Commission upon said application; WHEREAS, the purpose of this reorganization is the provision of municipal services to the area by the City of Dublin and the Dublin San Ramon Services District; WHEREAS, the territory is within the Spheres of Influence of the City of Dublin and the Dublin San Ramon Services District; WHEREAS, the territory is uninhabited; WHERE, the City of Dublin and the County of Alameda have reached agreement on an exchange of property tax revenues in accordance with Revenue and Taxation Code Section 99; _ . -1 of 5- .: . . WHEREAS, at a public hearing held on January 9, 1997, the Alameda County Local Agency Formation Commission-heard and received all oral and written protests, objections and evidence which were made, presented or filed, and all persons present were given an opportunity to appear and be heard with respect to any matter pertaining to said application; WHEREAS, on January 9, 1997 the Alameda County Local Agency Formation Commission voted five to two to deny the reorganization application of the City of Dublin, and voted unanimously to waive the twelve month waiting. period for reapplication; . - WHEREAS, at public hearings held on July 10, 1997 and September 11, 1997, the Alameda County Local Agency Formation Corrunission heard and received all oral and written protests, objections and evidence which were made, ::,"""sented or filed, and all..-' persons present were given an opportunity to appear ~d be heard with respect to any matter pertaining to said application; WHEREAS, the Conunission did make the following determinations: 1. That the proposed reorganization is consistent with the procedures and policies approved by the Commission; 2 That the proposal is consistent with the spheres of influence boundary lines of the City of Dublin and the Dublin San Ramon Services District; 3. ll1at the proposed reorganization will permit the logical and most efficient provision of essential municipal type services to the territory by the City of Dublin and the Dublin San Ramon Services District; . 4. That all of the local agencies have given their written assurance as to their ability to provide said municipal services; .:>. That the subject territory is uninhabited pursuant to the Cortese-Knox Act; 6. That, in accordance with the provisions of Revenue and Taxation Code Section 99, the City of Dublin by Resolution dated October 15, 1996 and the County of Alameda by Resolution dated October 22, 1996 have reached agreement on an exchange of property tax revenues; 7. That the proposal is inconsistent with the- County Open Space Element and the East .County Area Plan, but that the County plans will not have jurisdiction over the project site upon annexation; 8. That the City of Dublin has pre zoned the territory in conformity with Commission. policy; -2 of 5- , ... -,- 13. 9. That the factors as set forth in Government Code Section 56841 have been reviewed and considered by the Conunission" including the discus~ion in the Draft and Final Environmental Impact Report for the Schaefer Ranch project; . 10. That the City of Dublin's Plan For Services contains all of the requisite information as required by Goverrunent Code Section 56653 and has been considered and found adequate by this Comni.ission and is incorporated herein by reference; 11. That the Dublin San Ramon Services District Plan For Services for p'otable and recycled water, wastewater collection, treatment and disposal services has been consider17dand f?und adequate by this Conunission arid is incorporated herein by , 'reference; , . 12 That the proposed reorganization is 'consistent with the orderly, planned and 'efficienturb~n development of the area; That while the proposal can reasonably be expected to lead to the conversion of existing non-prime agricultural/openspace pursuant, to Government Code Section 56377, the land is within the sphere of influence of the City of Dublin and therefore development should occur before any proposal to develop land not in the sphere; 14. . That the territory does not meet the definition of prime agricultural lands as set forth in the 'Cortes~-Knox Act _ nor is the territory under agricultural preserve .-. status; . 15. That 100% of the property owners in the proposed territory have given their consent to this annexation; _ 16. That the boundaries of the proposed territory are consistent and appropriate and no islands or corridors of unincorporated territory are created; 17. Th~t the proposal is consistent with the adopted policies of the Dublin San Ramon Services District for the extensinn of utility services as set forth in Resolution No. 38-92; 18. That the provision of municipal park and recreational services can reasonably and more appropriately be provided by the City of Dublin rather than the Hayward Area Recreation and Park District; 19. That the policies, findings and mitigation measures as set forth in the adopted Schaefer Ranch Project and General Plan Amendment are hereby incorporated by reference; 20. That an Environmental Impact Report for the Schaefer Ranch Project and General Plan .t\mendment has been prepared and certified by the City of Dublin, as lead agency, and the annexation of areas are within the scope of the Final EIR; and . -3 of 5- .. . .~.-- .... . . 21. That the City of Dublin has adopted findings pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and has adopted a Final EIR which has been reviewed and considered by this Commission prior to action on this proposal. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED: 1. That the appli~ation of the City of Dublin, referenced as P A 96-037 Schaefer Ranch Reorganization and comprised of the following three ~ctions: 1) the annexation of 500.3.:1: acres of unincorporated territory to the City of Dublin; 2) the annexation of 500.3.:t acres to the Dublin San Ramon Services District; and 3) the detachment of 304.6.:!: acres from the Hayward Area Recreation and Park District, is hereby approved subject to the following terins and conditions: A. The correction of the Final Maps and Description as may be required by the County Surveyor; and B. Those specified in Resolution No. 46-96 adopted by the Dublin San Ramon Services District entitled "Resolution Setting Terms and Conditions for Change of Organization Consisting of Annexation of Certain Herein Described Territory to the Dublin San Ramon Services District and Concurring with Application For Reorganization by the City of Dublin;" said resolution is incorporated in its entirety into this action by reference. 2 That the City of Dublin is hereby designated as the Conducting Authority pursuant to Goverrunent Code Section 57000 et seq. and authorize the City to proceed w~th the publication of all legal notices and public hearings as required by statute; 3. That a Resolution entitled "Findings, Explanation, and Statement of Overriding Considerations of the Alameda County Local Agency Formation Corrunission Pursuant to CEQA Regarding the Proposed City of Dublin Schaefer Ranch Reorganization" pursuant to CEQA and CEQA Guidelines has been adopted and is incorporated herein by reference; 4_ That the Executive Officer was authorized and directed to file a Notice of Determination pursuant to Section 15096 of the California Code of Regulations with respect to the environmental findings adopted hereby and reorganization proposed hereby. ******* -4 of 5- ... This Resolution was approved and adopted by the Alameda County Local Agency Formation Corrunission at a regular meeting held on September 11, 1997 at 7051 Dublin ,'." Boulevard, Dublin, California on the motion made by Commissioner ButTer, seconded by.' ConunissionerFoulkes, and duly carried. Ayes: 6 (Brown, Butler, Chan, Foulkes, Morrisson and Tarver) Noes: 1 (Steele) Absent Q, Ben Tarver, Chairperson Alameda County Local Agency Formation Commission By: ore . Chambliss Senior Deputy County Counsel .' CERTIFICATION: I hereby certify that the foregoing is a correct copy of a resolution adopted by the Local AgencyFo . ommissionof Alameda County, California. Attest <.' co' , Donald K. GraH, LAPeo Administra ve yst for Susan S. Muranishi, ,LAPCo Executive Officer Date: September 12. 1997 LAF:DUBUNRfSQ,dkg . ... .~ -5 of 5-