HomeMy WebLinkAboutOrd 30-99 DA Tri-Vly SPCAORDINANCE NO. 30 - 99
AN ORDINANCE OF TIlE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
TIlE CITY OF DUBLIN, and THE OAKLAND SPCA
FOR THE TRI-VALLEY SPCA PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Tri-Valley SPCA Project (PA 99-004) is located within 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 Public/Semi-Public 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). A Negative Declaration has been
prepared for the project because the project will not have environmental effects which were not examined
in the Program EIR. No new effects will occur and therefore'no revisions to the Program EIR are
required. That Negative Declaration together with the Program EIR adequately describes the total project
for the purposes of CEQA.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. The Oakland SPCA. have filed an application requesting approval of a development
agreement for the Tri-Valley SPCA project.
E. A Development Agreement between the City of Dublin and the Oakland SPCA has been
presented to the City Council, a copy of which is attached to the Staff Report as Attachment 2.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on November 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to 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 December 7, 1999, for which public notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning Commission at the
December 7, 1999 meeting, including the Planning Commission's reasons for its recommendation, the
Agenda Statement, all comments received in writing and all testimony received at the public hearing.
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 General Plan Amendment, (d) the Specific Plan, (e) the EIR,
(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, and the Eastern Dublin Specific Plan in
that (a) the General Plan and Eastern Dublin Specific Plan land use designation for the site is Public/Semi-
Public and that the Tri-Valley SPCA project is consistent with that land use, (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, and (c) the Agreement sets forth the rules the Developer and City will be governed by
during the development process which is required by the Eastern Dublin Specific Plan; and the Mitigation
Monitoring Program of the Eastern Dublin Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Conditional Use Permit.
3. The Development Agreement is in conformity with public co.nvenience, general welfare and
good land use policies in that the Tri-Valley SPCA Project will implement land use guidelines-set forth in
the Eastern Dublin Specific Plan and the General Plan which have planned for public/semi-public uses at
this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the Agreement and any Conditions of
Approval for the Project.
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 City of Dublin General
Plan and Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 2 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 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 0fDublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED AND ADOPTED BY the City Council of' the City of.Dublin, on this 21st day of'
December 1999, by the following votes:
AYES:
Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
ABSENT: None
ABSTAIN: None
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