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HomeMy WebLinkAboutReso 044-97 ReorgSchaeferAnnex RESOLUTION NO. 44 - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING RE-INITIATION OF APPLICATION FOR REORGANIZATION FOR PA 96-037 SCHAEFER RANCH ANNEXATION WHEREAS, Schaefer Heights, Inc. (the applicants)have submitted a request for annexing 500+ acres to the City of Dublin and annexing the 500+ acres to the Dublin San Rarnon Service District (DSRSD), and annexing 340+ acres to Zone 7 of the Alameda County Flood Control & Water Conservation District(Zone 7), and detaching 329+ acres from the Hayward Area Recreation and Parks District (HARD); and WHEREAS, pursuant to the Cortese-Knox Government Reorganization Act of 1985 (the "Act") .(Government Code Section 56000 et seq.) an affected city and affected district, as therein defined, may by resolution adopted by its legislative body make ~t proposal for a "reorganization", as defined in Section 56073 and request initiation of proceedings thereon; WHEREAS, the City of Dublin is an affected city, and the Dublin San Ramon Services District (DSRSD) and Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7) and the Hayward Area Recreation and Park District (HARD) are affected districts for a reorganization proposal which contains territory proposed to be annexed to said city and to DSRSD and to Zone 7, and HARD territory proposed to be detached from said district. WHEREAS, the City of Dublin is an affected local agency for this reorganization proposal. WHEREAS, the reorganization proposal is made pursuant to the Act. The proposal would annex 500.28+ acres to the City of Dublin (as described in Attachment 5-A, and 500.28+ acres to the Dublin San Ramon Services District, and 339.63+ acres to Zone 7 of the Alameda County Flood Control and Water Conservation District (as described in Attachment 5-B); and would detach 328.68+ acres from the Hayward Area Recreation gnd Park District (as described in Attachment 5-C); and WHEREAS, the territory described in Attachment A is uninhabited territory within the meaning of Government Code Section 56046. WHEREAS, this reorganization is proposed at the request of landowners of the territory to be annexed. WHEREAS, an Environmental Impact Report was prepared for the Schaefer Ranch Project, including the General Plan Amendment, Planned Development Prezoning, Annexation to the City, Tentative Subdivision Map, Annexation to and/or detachment from various service districts, and approval of subsequent development entitlements, in accordance with the provisions of the California Environmental Quality Act, and WHEREAS, the City Council certified the Schaefer Ranch Project Environmental Impact Report as complete, adequate, and in compliance with CEQA and the City of Dublin's Environmental Guidelines, and approved a General Plan Amendment and Planned Development (PD) Prezoning to establish land uses, general provisions and development regulations for a development consisting of up to 474 single family homes and 11 acres of commercial office uses on approximately 500 acres, generally located on the north side of the 1-580 freeway, at Schaefer Ranch Road, in Alameda County, adjacent to Dublin's Western City limits; and WHEREAS, no new effects could occur and no new mitigation measures would be required for the reorganization that were not addressed in the Final Environmental Impact Report for the Schaefer Ranch project, and the reorganization is within the SCOl~e of the Final Environmental Impact Report, and WItEREAS, the impacts upon and need for services for the territory to be annexed is set forth in the Schaefer Ranch Final EIR, including the DSRSD's Plan of Service Investigation (Appendix C of the EIR) which addresses water and wastewater services, and WHEREAS, the proposed reorganization would be conditional upon agreement of affected service Districts for annexation of the territory to the Dublin San Ramon Services District and Zone 7 of the Alameda County Flood Control and Water Conservation District, and agreement of affected Districts for detachment of the territory from Zone 2 of the Alameda County Flood Control and Water Conservation District and the Hayward Area Recreation and Parks District, and WHEREAS, this proposal is consistent with the City of Dublin sphere of influence, and WItEREAS, if determined appropriate by the LAFCo, the City Council consents to act as the conducting authority for the proposed reorganization, and WHEREAS, Section 99 of the Revenue and Taxation code provides, among other things, that no local agency jurisdictional change can be completed without the agencies affected by such change first having agreed upon an exchange of property tax revenue between and among the affected agencies, and WHEREAS, the territory subject to the PA 96-037 Schaefer Ranch Reorganization application is within "Western Dublin" as that area is defined in the "Agreement Between County of Alameda and City of Dublin Regarding Transfer of Property Tax Revenues Upon Annexation of property in Western Dublin. ("Agreement"), dated OCtober 26, 1992, and WltEREAS, the Agreement sets forth the agreement of the City Council of the City of Dubtin and the Board of Supervisors of the County of Alameda on the method for distributing property tax revenue for annexed land including the PA 94-028 Schaefer Ranch reorganization; and WHEREAS, a notice of the City Council public hearing to consider initiating a request for reorganization to the Alameda County Local Agency Formation Commission (LAFCo) was distributed to all public service providers and interested individuals; and WHEREAS, the City and the applicant have been cooperatively planning for the provision of services to the project site and have notified the service providers of the proposed annexation; and WHEREAS, the City Council held a properly noticed public hearing on the Schaefer Ranch project Final EIR, General Plan Amendment, Planned Development Prezoning, and Annexation Initiation on July 9, 1996, and considered all written and oral testimony submitted at or prior to the public hearing; and WHEREAS, following the July 9, 1996 public hearing the City Council adopted resolutions certifying the EIK adopting the General Plan Amendment, and approving the Planned Development Prezone, and adopted an Ordinance prezoning the project site; and WIIEREAS, on July 9, 1996 the City Council adopted a Resolution authorizing staffto initiate a proposal for reorganization to the Local Agency Formation Commission and request that proceedings begin; and WHEREAS, on January 9, 1997 the Local Agency Formation Commission considered the City's reorganization request, and took action denying without prejudice the annexation, due to concerns with the commitments of water and wastewater service providers potentially affecting the availability of these City services; and WItEREAS, additional information has been provided, and agreements have been made, indicating resolution of concerns regarding areawide water and wastewater service and demonstrating the commitment sought by the Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AS FOLLOWS: A. The foregoing recitals are true and correct. Bo The City Council of the City of Dublin, as the legislative body for an affected local agency, does hereby adopt the foregoing recitals and makes a proposal for a reorganization, as described herein, pursuant to Section 56800 of the Cortese-Knox Act, and does hereby request that proceedings be taken pursuant to said Act. C. This proposal is consistent with the sphere of influence of the City of Dublin. Do The proposed annexation is appropriate because it is contiguous to the existing city limits and would provide a logical extension of development under the City's jurisdiction to provide residential, commercial, public, and open space land uses for the community. E. This proposal is made subject to the following terms and conditions: The description and the maps in Attachments A, B, and C are preliminary and may be subject to more detailed descr, iption(s) and map(s) to be prepared in accordance with the LAFCo process. Adjustments to the description of the territory (Attachment A) are to be made as deemed necessary by the County Surveyor. The annexation to the City of Dublin is conditional upon agreement of affected service Districts for annexation of the territory to the Dublin San Ramon Services District (I)SRSD) and Zone 7 of the Alameda County Flood Control and Water Conservation District, and agreement of affected Districts for detachment of the territory from Zone 2 of the Alameda County Flood Control and Water Conservation District and the Hayward Area Recreation and Parks District (HARD). The Community Development Director is hereby directed to complete the necessary agreements with DSRSD, the Alameda County Flood Control and Water Conservation District, and HARD to finalize this reorganization. Fo The City Clerk is directed to file a certified copy of this resolution with the Executive Officer of the LAFCo. PASSED, APPROVED, AND ADOPTED this 6th day of May, 1997, by the following vote: AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None AB SENT: None ABSTAIN: None ~~~Mayo~ g:\pa#\1996\96037Xr-anx2 K2/G/5-6-97/resoshfr.doc 4 AIIt;EXA TIDN BDUNDAR y ALAMEDA COUNTY ,:,:,', '.. ~,- ~..; -j*.;. ,q,, .:, PROPOS£D ANNEXATION ANNEXA TIDN HO. AHIIE×ATIDN Nfl, 9 RES~,UTI[1N NIl. t50-90 BLAYLEISK, GLEASDH APH 0941-001B-003, 004 "lATE BF £ALIFDRI,IIA 1H*[ERSTATE }I¥!Y 5BO (~ ~ ~ COURSE TABLE _!&_.. ~,'. kr~.;'~r ~* IZ~eJ': I.~_9 N 8517'l~' E 320.~8' ~. H 6~'J1'12'~ 23~.99" COURSE TABLE COURSE TABLE STATE DF CAI. IF(IRNIA INTERSTATE I-I~/Y 580 LEGEND: EXHIBIT "A ' ANNEXA T/ON NO. RE~OLU~ION NO. ::O=-'O&' C';- 5£C,";0.',.'£ J A.','.9 q, '5;:",5,-.':; ,'~ 50C,-*,. :~A.'/SE ! 1'7~57. ;.'Y, '.-.'~ .:3..C. B4SE .-1.'/5 YtlE ~ITY OF DUBLIN ALAMEDA COIItlTy, CALIFORNIA  Design Resources, I/lc. Plann~g m Englneetlng m Surveying FEBRUARY 1995 LAFCO'S STATEMENT Dolt CRAft, ~ .~D~,.UtSlAIh~ ~N~t COUNTY SURVERYOR'S STATEMENT BY: REID P£NIANO, BEPUFY COU. I~ SURlY'fOR. t,S flT2a COUNTY RECORDER'S STATEMENT MAP 80~ _~ AY PACE ____ tINDER 5ER~t'~ ~0. EXItlBIT I-A ~ SCHAEFER RANCH PROPOSED ANNEXATION Dublin San Ramon Services District and Zone 7 LEGEND ~x .- '.;, ! ! ! I I I 1.500 ! ! t ! ! P I. A ,q J; ! Il (i A I1 I". A Existing DSFISD service area In Clly of Dublin Proposed nnnoxnllon Io Dublhl.Snn Hmnon Servl~s' Dlsldcl (DSRSD) I.~oo I Prol~osml mmoxnllon lo Alomoda Courtly Zoile 7 Waler Agency (npproxlm~le conflgur~llon) W~sJmn Exlended Planning Aroa 4800 \\ 72O0 EXHIBIT .1-B SCHAEFER RANCH PRO~".~SED DETAC .HMENT Hayward Area Recreat:lun and Parks DIst:rict: LEGEND PARK DISTRICT Pmposod dolachmenl horn Hayward Area Roc¢oallon & Park DIsltlm 0 lARD} New proposed Imundnry o[ I layward Area ~ecteatlon & Pa~k District ~ CIIy Llmll$ ('''*i''''''i;{~1!l P;oJecl slle cl~, OF DUBLIH EXHIBIT I-C