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
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LEGEND:
EXHIBIT "A '
ANNEXA T/ON NO.
RE~OLU~ION NO.
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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
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Existing DSFISD service area In Clly of Dublin
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EXHIBIT .1-B
SCHAEFER RANCH PRO~".~SED DETAC .HMENT
Hayward Area Recreat:lun and Parks DIst:rict:
LEGEND
PARK DISTRICT
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