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HomeMy WebLinkAboutReso 172-02 ApplyReorgAnnex14RESOLUTION NO. 172 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORiZING INITIATION OF APPLICATION FOR REORGANIZATION FOR PA 02-024, ANNEXATION NO. 14 WHEREAS, the City of Dublin desires to initiate proceedings pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization that would concurrently annex territory to the City of Dublin and the Dublin San Ramon Services District; and WHEREAS, on May 10, 1993, the City Council certified a program Environmental Impact Report ("EIR") for the Eastern Dublin GPA/SP Project and an addendum thereto, dated May 4, 1993 (SCH 911030.64.). 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, the Project is consistent with the type, location and density of land uses approved through the 1993 Eastem Dublin GPA/SP Project. All mitigation measures adopted for the GPA/SP Project continue to apply to implementing projects such as the current PD Prezone; and all applicable City development ordinances and standards apply to the Project except as otherwise approved through the Project prezoning and related Stage 1 Development Plan; and WHEREAS, upon approval of the Eastern Dublin GPA/SP Project, the City Council adopted mitigation findings, a statement of overriding considerations, and a mitigation monitoring program as set forth in Resolution 53-93, included in the Eastern Dublin EIR referenced above; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), residential projects that are consistent with a specific plan for which an EIR has been certified are exempt from CEQA unless a supplemental EIR is otherwise required by CEQA (See Government Code section 65457). To determine if there were any supplemental impacts that would require the preparation of a supplemental EiR, the City prepared an Initial Study for the project in June 2001 and updated the Initial Study on June 28, 2002. The Initial Study found that the environmental impacts of this project were addressed by the Final Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (SCH#91-103064) and addenda (Resolution 00-06); and and WHEREAS, the Planning Commission held a public hearing on said application on July 9, 2002; WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Stage 1 Planned Development Prezoning and Development Plan for PA 02-024 and adopted Resolution No. 02-28 recommending that the City Council approve a Planned Development Prezoning and Stage 1 Development Plan for PA 02-024; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, a properly noticed public hearing was held by the City Council on September 17, 2002; and WHEREAS, a Staff report, dated September 17, 2002, and incorporated herein by reference, described and analyzed the Project for the City Council; and WHEREAS, notice of intent to adopt this resolution of application has been given, and this Council has conducted a public hearing based upon this notification; and WHEREAS, the principal reasons for the proposed reorganization are as follows: to provide the full range of municipal services to the territory; and assure orderly development consistent with the City of Dublin Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan; and WHEREAS, the following agencies would be affected by the proposed jurisdictional changes: Agency City of Dublin Dublin San Ramon Services District Nature of Change Annexation Annexation WHEREAS, the territory proposed to be reorganized is uninhabited, and a map and a description of the boundaries of the territory are attached as Exhibit A, Annexation to the City of Dublin and to Dublin San Ramon Services District. Exhibit A is incorporated herein by this reference; and WHEREAS, it is desired that the proposed reorganization be subject to the following terms and conditions: a. The effective date of the annexation shall be November 21, 2002; and WHEREAS, this proposal is consistent with the spheres of influence of the City of Dublin and the Dublin San Ramon Services District (DSRSD). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AS FOLLOWS: This resolution of application is hereby adopted and approved and the Local Agency Formation Commission is hereby requested to take proceedings for the annexation of territory as authorized and in the manner provide in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. PASSED, APPROVED, AND ADOPTED this 17th day of September 2002, by the following vote: AYES: Counciimembers McCormick, Oravelz, Sbranti, Zika and Mayor Lockhart NOES: None ABSENT: None ABSTMN: None G:kPA#X2000\02-024\CC-Reso lafco appl.doc