HomeMy WebLinkAbout8.2 Exh A/Attch 6 CC Ord DA PA 08-045 Dublin Ranch No. Annexation AreaORDINANCE NO. XX - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN RANCH NORTH BETWEEN
THE CITY OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN
APN: 985-0028-003-02
PA 08-045
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Dublin Ranch North Annexation Area ("Project") includes General
Plan and Specific Plan amendments to modify the land use designations from Low Density
Residential and Rural Residential/Agriculture to Estate Residential and Open Space and reduce
the overall density of the site, approval of a Planned Development Prezone with a related Stage
1 and Stage 2 Development Plan for the 157.7 acre project site and a Vesting Tentative Tract
Map to subdivide 157.2 acres into 5 lots.
B. Pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency
prepared a Mitigated Negative Declaration for the Dublin Ranch North project entitled "Initial
Study/Mitigated Negative Declaration" dated October 2009 and incorporated herein by
reference, and circulated it for review. The Planning Commission reviewed the Mitigated
Negative Declaration and adopted a Resolution incorporated herein by reference,
recommending that the City Council adopt the Mitigated Negative Declaration.
C. A public hearing on the proposed Development Agreement was held before the
Planning Commission on November 10, 2009, for which public notice was given as provided by
law.
D. The Planning Commission has made its recommendation to the City Council for
approval of the Development Agreement.
F. A public hearing on the proposed Development Agreement was held before the
City Council on , 2009 for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission
who considered the item at its November 10, 2009 meeting, including the Planning
Commission's reasons for its recommendation, the Staff Report, all comments received in
writing and all testimony received at the public hearing.
Page 1 of 3 EXHIBIT A TO
ATTACHMENT 6
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 Specific Plan, (d) the Eastern Dublin
EIR, (e) the Mitigated Negative Declaration (f) the Agenda Statement, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The Project is consistent with the objectives, policies, land uses and programs
specified and contained in the City's General Plan and Eastern Dublin Specific Plan as
amended in that (a) the proposed General Plan and Specific Plan land use designation for the
site are Estate Residential and Open Space and the proposed project is a project consistent
with those land uses, (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, (c) the project is
consistent with the Stage 1 and Stage 2 Planned Development Zoning proposed for Dublin
Ranch North, and (d) the Dublin Ranch North Development Agreement includes provisions
relating to vesting of development rights, and similar provisions set forth in the Specific Plan.
2. The Dublin Ranch North 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 Annexation into the City of Dublin, General Plan
Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Prezone with a
related Stage 1 and Stage 2 Development Plan and a Vesting Tentative Tract Map.
3. The Dublin Ranch North Development Agreement is in conformity with public
convenience, general welfare and good land use policies in that the project will implement land
use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan which have
planned for residential uses at this location.
4. The Dublin Ranch North 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 Dublin Ranch North 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 (Exhibit A) and
authorizes the Mayor to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the
City Clerk shall submit the Agreement to the County Recorder for recordation.
Page 2 of 3
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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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