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HomeMy WebLinkAboutOrd 22-00 DA Shea EmerGlenVilORDINANCE NO. 22 - 00 AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, SHEA PROPERTIES, LLC (PA 00-003) AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR EMERALD GLEN VILLAGE CENTER THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Emerald Glen Village Center (PA 00-003) is located within the boundaries of the Eastern Dublin Specific Plan C'Speeific Plan") in an area which is designated on the General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map as General Commercial. 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 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 Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the' purposes of CEQA. Further, that analysis found that the project is in conformity with the Eastern Dublin Specific Plan. The Mitigated Negative Declaration was certified by the City Council on July 18, 2000. 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. Shea Properties, LLC, have filed an application requesting approval of a development agreement for Emerald Glen Village Center. E. A Development Agreement between the City of Dublin, Shea Properties, LLC, 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 2. F. A public hearing on the proposed Development Agreement was held before the Planning Commission on September 26, 2000, 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. Public hearings on the proposed Development Agreement was held before the City Council on October 17, 2000, and November 8, 2000, for which public notice was given as provided by law. I. At that public hearing on October 17, 2000, the City Council waived reading and introduced the Ordinance approving the Development Agreement. J. At that public hearing on November 8, 2000, the City Council waived the reading and adopted the Ordinance approving the Development Agreement. K. The City Council has considered the recommendation of the Planning Commission (Planning Commission Resolution 00-56), 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 foregoirig 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 EIK (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 of Dublin General Plan and the Eastern Dublin Specific Plan in that, (a) the General Plan and Eastern Dublin Specific Plan land use designation for the subject site · is General Commercial and that the Emerald Glen Village Center project is consistent with that designation; (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 adopted specifically for the Emerald Glen Village Center Project. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Emerald Glen Village Center Project will implement land use guidelines set forth in the Specific Plan and the General Plan which encourages a mix of residential and commercial 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 2 to the Staff Report) and authorizes the Mayor to sign it. 2 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 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 8th day of November, 2000, by the following votes: AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: MAYOR K2/G/11-8-00/ord-egvillagectr. doc (Item 6.1 ) G:PA 00-003 Ord DA