HomeMy WebLinkAbout8.1 Attch 8 Exh A DraftOrdDevAgmtORDINANCE NO. XX - 11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING A DEVELOPMENT AGREEMENT FOR
DUBLIN STATION, SITE C, DUBLIN TRANSIT CENTER BETWEEN THE CITY OF DUBLIN
AND AVALON BAY COMMUNITIES
PA 06-060
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed project known as Dublin Station, Site C, Dublin Transit Center is
located within the boundaries of the Eastern Dublin Specific Plan, and is included in the
approval for Planned Development under PA 06-060.
B. A Development Agreement for Dublin Station, Site C, Dublin Transit Center
between the City of Dublin and Avalon Bay Communities ("Developer") has been presented to
the City Council, Exhibit A, attached hereto.
C. Pursuant to the California Environmental Quality Act (CEQA), development of the
Dublin Station, Site C, Dublin Transit Center property has been analyzed in the Final
Environmental Impact Report for the Dublin Transit Center General Plan and Specific Plan
amendment, which was certified by the City Council by Resolution No. 215-02 dated November
19, 2002 (hereafter "Dublin Transit Center' Environmental Impact Report or EIR (SCH
2001120395)). The proposed project is exempt from further CEQA review pursuant to
Government Code section 65457 for residential projects consistent with a specific plan for which
an EIR was certified. The project proposes development of 505 residential units, consistent with
the Eastern Dublin Specific Plan.
D. A public hearing on the proposed Development Agreement was held before the
Planning Commission on March 22, 2011 for which public notice was given as provided by law.
E. The Planning Commission has made its recommendation to the City Council for
approval of the Development Agreement by Resolution 11 - XX.
F. A public hearing on the proposed Development Agreement was held before the
City Council on XXX, 2011 for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning
Commission, including the Planning Commission's reasons for its recommendation, the certified
Dublin Transit Center EIR, the Agenda Statement, all comments received in writing, and all
testimony received at the public hearing.
EXHIBIT A TO
ATTACHMENT 8
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b)
the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Dublin Transit
Center EIR, (e) 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
Dublin Transit Center General Plan Amendment, and in the Specific Plan in that: (a) the
General Plan and Specific Plan land use designation for the site is High Density Residential, (b)
the proposed project is consistent with the designated land use, (c) the project is consistent with
the fiscal policies of the General Plan and Specific Plan with respect to the provision of
infrastructure and public services, and (d) the Development Agreement includes provisions
relating to vesting of development rights, 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 districts in which the real property is located in that the
project approvals include, Stage 1 Development Plan Amendment and Stage 2 Development
Plan, Site Development Review, and Vesting Tentative Map.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Developer's project will implement land use
guidelines set forth in the Specific Plan and the General Plan which have planned for High
Density Residential, and infrastructure uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and
general welfare in that the Developer's 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 Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the
Ordinance) 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.
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.
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PASSED AND ADOPTED BY the City Council of the City of Dublin, on this XX day of
XX, 2011 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
1509387
G:IPA#12006106060 Dublin Transit Center Site CPC Mtg 3.22.11 (2)ACC Ord adopting da for dtc site c.DOC
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