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HomeMy WebLinkAboutReso 064-02 JordanPropEntry RESOLUTION NO. 64 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO DESIGNATE SUCH PERSONS AS ARE APPROPRIATE TO ENTER THE JORDAN PROPERTY TO MAKE EXAMINATIONS AND SURVEYS AS NECESSARY TO DETERMINE THE SUITABILITY OF FALLON ROAD AND THE SPORTS PARK SITE AND TO PROVIDE ADEQUATE NOTICE TO THE PROPERTY OWNER AND OCCUPANTS AS REQUIRED BY GOVERNMENT CODE SECTION 65105 WHEREAS, the Jordan Property is within the Eastern Extended Planning Area of the Dublin General Plan as amended by the Eastern Dublin General Plan Amendment, approved in 1993 and within the Eastern Dublin Property Owners Stage 1 Development Plan Project. The Jordan Property is also within the Eastern Dublin Specific Plan area as approved in 1993. The Eastern Dublin General Plan Amendment and Specific Plan are collectively referred to as the GPA/SP Project; and WHEREAS, on May 10, 1993, the City Council certified a program Environmental Impact Report ("EIR") for the GPA/SP Project and an addendum thereto, dated May 4, 1993 (SCH 91103064). On August 22, 1994, the City Council approved another addendum to update plans to provide sewer service. The May 10, 1993 program EIR, the May 4, 1993 addendum and the August 22, 1994 addendum are collectively referred to as the Eastern Dublin EIR; and WHEREAS, on April 2, 2002, the City Council certified a Revised Supplemental Environmental Impact Report ("EIR") for the Eastern Dublin Property Owners Stage 1 Development Plan~roj~ect; and 'WItE~"S, the City Council approved the Eastern Dublin Property Owners Stage 1 Development Plan of approximately 1,120 acres of land to Dublin, for prezoning to the Planned Development goning district including approval of a Stage 1 Development Plan, and related approvals on April 2, 2002 and April 16, 2002; and ~/IlEREAS, the Eastern Dublin Specific Plan designated a 68-acre site as Community Park located west of Fallon Road; and WHEREAS, 14.1 acres of the 68-acre park facility are located on the Jordan Property, which is within the Eastern Dublin Properties area, currently located outside of the current City limits and within Dublin' s Sphere of Influence; and WHEREAS, during the planning and analysis of Dublin Ranch, it was anticipated that, due to the lack of information regarding the habitat resources of the Jordan Property, determining the suitability of the proposed location of the entire 68-acres could be problematic; and WHEREAS, the Master Development Agreement with the Lin Family provides for possible reconfiguration of the Sports Park if the Sports Park site is undevelopable due to federal wetlands or endangered species regulations or for any other reason related to federal and/or state regulatory permits; and WHEREAS, in order for Staff to make a recommendation to the City Council regarding whether the acreage within Dublin Ranch Area B is required for the development of Fallon Road and the Sports Park/Community Park, it needs to be established whether sensitive habitat resources exist on the 14.1 acres of the Jordan Property and whether all required federal and state regulatory permits can be obtained; and WHEREAS, the biological assessment is the first step in that process; and WItEREAS, Government Code Section 65105 authorizes planning agency personnel entry on to property for the purposes of examinations and surveys; and NOW, TItEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby resolve as follows: The City Manager is authorized to designate such persons as he deems appropriate to enter upon any land and make examinations and surveys, provided such entries, examinations and surveys do not interfere with the use of the land by those persons lawfully entitled to the possession thereof, in accordance with Government Code Section 65105, to determine whether public uses shown on the General Plan, including roads and parks, can be constructed as shown. The City Manager is directed to provide adequate notice to all persons owning and occupying any such lands of such entry. PASSED, APPROVED, AND ADOPTED this 21st day of May, 2002. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None Mayor G:XCC-MTGSX2002-~2~A~5-21-02~so-mter j~ ~.doc (Itm 4.7) G:~002~ordon Bios~eyXCC reso au~o~g CM.doc