HomeMy WebLinkAboutOrd 13-99 DA Emer Glen #4ORDINANCE NO. 13- 99
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN, TOLL BROTHERS, INC., (PA 98-063) and
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
FOR THE EMERALD GLEN #4 RESIDENT/AL DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Toll Brothers, Inc., Project (PA 98-063) 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 Medium Density Residential (M)
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 Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is a
part. That Mitigated Negative Declaration 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 Toll Brothers, Inc., Project that were not addressed in the
FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in 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 Plan area enter into development agreements with the City.
D. Toll Brothers, Inc., has filed an application requesting approval of a development agreement
for the Emerald Glen #4 Residential Project.
E. A Development Agreement between the City of Dublin, Toll Brothers, Inc., and Alameda
County Surplus Property Authority has been presented to the City Council, a copy of which is attached to
the Staff Report as Attachment 1.
F. A public hearing on the 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 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 April 20, 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
April 20, 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 ElK,
(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 by the Eastern Dublin
General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
designation for the site is Medium Density Residential (M) uses and the proposed project is a residential
development consisting of three (3) separate unit types 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 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 district in which the real property is located in that the project approvals
include a Planned Development Rezoning, Parcel Map and Site Design Review adopted specifically for the
Emerald Glen//4 Project.
3. The Development Agreement is in conformity with public convenience, general welfare and
good land use policies in that the Emerald Glen #4 Project will implement land use guidelines set forth in
the Specific Plan and the General Plan which have planned for office 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 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 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 atter 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 of Dublin 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 4th day of May,
1999, by the following votes:
AYES:
Councilmembers Howard, Loekhart, McCormick, Zika and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
CITY CLERK
K2/G/5-4-99/ord-tollbros
G:PA 98-063 Ord DA