HomeMy WebLinkAboutOrd 16-99 DA Dub Ran A-HORDINANCE NO; 16 - 99
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN, AND THE LIN FAMILY
FOR THE DUBLIN RANCH PROJECT
"AREA A", "AREAS B -E, F, G, & H" - PA 96-038 (AREA A), PA 96-039 (AREA B-E),
PA 98-068 (AREA F), PA 98-069 (AREA G), & PA 98-070 (AREA H)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Dublin Ranch Project PA 96-038 (Area A), PA 96-039 (Area B-E), PA 98-
068 (Area F), PA 98-069 (Area G), & pA 98'070 (Area.H) is located V~thin the boundaries of the Eastern
Dublin Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use
Element Map and Eastern Dublin Specific Plan Land Use Map as Residential, Commercial,' Campus Office
and'Open Space uses.
B. This project is within the scope of the Eastern Dublin SpeCific Plan and General Plan
Amendment, for which a Program EIR Was certified (SCH 91103064). Mitigated Negative DeClarations
have been approved for the various entitlements of which this project is a part. Mitigated Negative
DeclaratiOns together with the Program EIR adequately describes the total project for the purposes of
CEQA. The analysis indicated that no new effects could occur and nO new mitigatiOn measures would be
required for the Dublin Ranch Project. Further, that analysis found that the project isin conformity with
the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific .PIan area enter into development agreements with the CitY.
D. The Lin Family, Inc., has filed an applicatiOn reqUesting approval ora development
agreement for the Dublin Ranch Project.
· E. A Development Agreement between the City of Dublin, and the Lin Family has been
presented to the City Council, a CopY of which is attached to the Staff Report as Attachment 1.
F. A public hearing onthe proposed Development Agreement was held before the. Planning
Commission on.April 13; 1999; for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation m the City Council for approval of
the .Development Agreement.
H. A public hearing on the proposed Development Agreement was held before the City
Council on May ~, 1999, for v~hiCh pU~iic n°tice was given aS prOvided by law.
J. The City Council has considered the recommendation of the Planning Commission at the
Ma 4, 1999 meeting,' ' including the Planning Commission's reasons for its recommendation, the Agenda
Y - ' ' n
Statement, all' comments received in writing and all testtmony received at the pubhc heart g.
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 Dublir; General P1an Amendment, (d) the Specific Pl~n~ (e) the i~IK
(f) 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 bythe Eastern Dublin
General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of
infrastructure and public services, and (c) the Development Agreement includes provisions relating to
financing, construction and-maintenance of public facilities, 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 Planned Development,Rezonings, adopted: specifically for the Dublin Ranch Project.
3. The Development...Agreement~is in conformity with public convenienee,~ general welfare and
good land use. policies in that'the DublinRanch Project will implement'land use guidelines set forth: in the
Specific Plan and the General Plan which.haveplanned for Residential, Commercial, Campus Office and
Open Space uses at this location.
4. The Development' Agreement will not be detrimental to the health, safety and general
welfare in that the project x~vili 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 inthat 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 (Attachment 1 to the Staff Report)
and aUthorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (10)days after the Development Agreement is executed by the Mayor, the City Clerk
shall submit the Ag}cement t° the County R~order f~} recordati°n.
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 ofDublin shall, cause the Ordinance to be posted in at least three (3)
public places in tile City of Dublin in accordance with Section 36933 °fthe Government Code of the State
of California.
PASSED AND ADOPTED BYthe City Council of the City of Dublin, on this 18th day of May,
1999, by the folloWing votes:
AYES: Councilmembers Howard, Lockhart, Zika and Mayor Houston
NOES: None
ABSENT: Counciimember McCormick
ABSTAIN: None
ATTEST:
CITY CLERK
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IC '/G/5-1'8-9 9/ord-dub linranch
G:PA 98-063 Ord DA