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HomeMy WebLinkAboutOrd 10-00 Supplemental DA Dub RanchORDINANCE NO. 10 - 00 AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR PA 98-068, AREA F; PA 98-069, AREA G AND PA 98-070 AREA H; DUBLIN RANCH THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Dublin Ranch Town Center project (PA 98-068, Area F; PA 98-069, Area G and PA 98-070, Area H) is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map as Single Family, Medium, Medium-High and High Density Residential, Neighborhood and General Commercial, Campus Office, Parks, Schools, Public and Semi-Public and Open Space land uses. This project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). Individual Initial Studies have been prepared for each of the three Dublin Ranch Areas (Area F- SCH No. 99112040, Area G-SCH No. 99112041 and Area H-SCH No. 99112042) to evaluate site specific impacts of the project (to a greater level of detail than in the program EIR) pursuant to CEQA Guidelines, Section 15168. Based on the three Initial Studies, A Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared for each Area with the findings that, with the implementation of the Mitigation Measures previously adopted for the Program EIR and with the site specific Mitigation Measures contained in the Initial Studies, as further clarified by the Response to Comments, the potential site specific impacts of the projects would be reduced to a level of insignificance. The Program EIR and Initial Studies adequately describe the impacts of the project, and there have been no substantial changes or new information that would be outside the scope of the Program EIR. Further, that analysis found that the project is in conformity with the Eastern Dublin Specific Plan. C. The Master Development Agreement between the Lins and the City requires a further Development Agreement once the General Plan Amendment, Specific Plan Amendment and P.D. Zoning is approved for Areas F, G and H. D. A Supplemental Development Agreement between the City of Dublin and the Lins has been presented to the City Council, a copy of which is attached to the ~taff Report as Attachment 1. E. A public hearing on the proposed Development Agreement was held before the Planning Commission on March 14, 2000, for which public notice was given as .provided by law. F. The Planning Commission has made its recommendation to the City Council for approval of the Supplemental Development Agreement. G. Public hearings on the proposed Development Agreement were held before the City Council on April 4, and April 18, 2000, for which public notice was given as provided by law. H. The City Council has considered the recommendation of the Planning Commission who considered the item at the March 14, 2000 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 21 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) the Eastern Dublin General Plan Amendment, (d) the Specific Plan,.(e) the (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 Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use designation for the site is Single Family, Medium, Medium-High, and High Density Residential, Neighborhood and General Commercial, Campus Office, Parks, School, Public and Semi-Public and Open Space 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 Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Development Agreement is 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 General Plan Amendment, Specific Plan Amendment, A Stage 1 Planned Development Rezoning adopted specifically for Areas F and H and both a Stage 1 and Stage 2 Development Plan approved for Area G, the Dublin Ranch Town Center Project. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Dublin Ranch Town Center Project 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 Agreement 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 Agreement (Attachment 1 to the Staff Report) and authorizes the Mayor to sign it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk shall submit the Agreement 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 18~ day of April, 2000, by the following votes: AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTE~ CITY CLERK K2/G/4-18-00/ord-townctr. doc (Item 6.3) g:pa98-068/ccord da apr 4.doc