HomeMy WebLinkAboutOrd 08-99 DA Dublin Ranch, Ph 1ORDINANCE NO. 8 - 99
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR PA 98-045, DUBLIN RANCH PHASE I
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1o RECITALS
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 and Medium Density Residential uses
and open space uses.
A. The proposed Dublin Ranch Phase I Project (PA 98-045) is located within the boundaries
of the Eastern Dublin.
B. 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). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rim Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
mitigation measures would be required for.the Dublin Ranch Phase I Project that were not addressed in
the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in conformity
with the Eastern Dublin Specific Plan.
C° Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. MSSH Dublin Development, LLC, Standard Pacific Corporation, Centex Homes and
MSSH Mayfield have filed an application requesting approval of a development agreement for the Dublin
Ranch Phase I Project.
E. A Development Agreement between the City of Dublin, MSSH Dublin Development,
LLC, Standard Pacific Corporation, Centex Homes and MSSH Mayfield has been presented to the City
Council, a copy of which is attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on March 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
H. A public hearing on the proposed Development Agreement was held before the City
Council on April 6, 1999, for which public notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning Commission at the
March 23, 1999 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) the Eastern Dublin General Plan Amendment, (d) the .Specific Plan, (e) the
EIP~ (f) 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 and Medium Density Residential and open space uses and the
proposed project is a residential 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 financing, construction and
maintenance of public facilities, 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 district in which the real property is located in that the project approvals
include a Planned Development Rezoning adoPted specifically for the Dublin Ranch Phase I Project.
30 The Developn~ent~'Agreement is in conformity with public convenience; general welfare-
ane[good, land use policies in that-the. Dublin Ranch Phase I Project will implementlanduse~ guidelines set
forth in the Specific Plan and the General Plan which have planned for 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 20t~ day of April,
1999, by the following votes:
AYES:
Councilmembers Howard, Lockhart, McCormick, Zika, & Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:~,rl /~
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