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HomeMy WebLinkAboutItem 4.09 SchaeferRnchAnnexation (2) . .: .:" CI~d File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 6, 1997 SUBJECT: P A 96-037 Schaefer Ranch Project Annexation Initiation Report Prepared by: Tasha Huston ;)J:.t.r EXHIBITS ATTACHED: 1. Resolution authorizing initiation of an application for reorganization to Alameda County Local Agency Formation Commission (LAFCo), with annexation and detachment maps (Exhibits I-A, I-B, and I-C). BACKGROUND EXHIBITS: A. Annexation Information RECOMMENDATION: ~ Adopt Resolution authorizing initiation of an application for reorganization to the Alameda County Local Agency Formation Commission 1. FINANCIAL STATEMENT: none PROJECT DESCRIPTION: The Applicants are proposing residential and commercial development for their collective parcels totaling :i:500 acres west of the Dublin city limits. The project will include a residential community on approximately 500 acres with up to 1,517 people, 474 homes, a neighborhood and a community park, and nearly 11 acres of retail/office uses. BACKGROUND This project site is part of an area that the City of Dublin has designated as the Western Extended Planning Area. The Dublin General Plan states that specific development in this area will be determined when municipal services can be provided and through General Plan refinement studies. In July of 1996, after several public hearings before the Planning Commission and the City Council, took the following actions: 1) Certified the Schaefer Ranch project EIR and adopted the Mitigation Monitoring Program for the project 2) Adopted the General Plan Amendment, 3) Adopted the Planned Development Prezone General Provisions and Land Use and Development Plan 4) Authorized initiation of an application for reorganization to the Alameda County Local Agency Formation Commission - --- - ~ - - - - - - ~ - - - -- - - - - - - - - - - - - -- COPIES TO: Applicant, Owner In-house distribution 4,9 ITEM NO. On January 9, 1997 the Local Agency Formation Commission considered the City's reorganization request, and took action denying (without prejudice) the annexation request, due to concerns wIth the commitments of certain service providers potentially affecting the availability of certain City service5 (namely, water and wastewater services). Subsequently, additional information has been provided, and ',- agreements have been made, indicating resolution of concerns regarding areawide wastewater service an.-- demonstrating the commitment sought by the Commission. Now that these concerns with the project have been addressed, it is appropriate to request reconsideration of the annexation by the Commission. The attached Resolution authorizes staff to formally re-initiate the request for reorganization to LAFCo. Additional information on the history of the project is contained in Background Exhibit A. A letter from the project engineer representing the developer has been received indicating the developer's support for moving forward with the application to annex the property at this time. A copy of this letter is attached as Background Exhibit B. CONCLUSION Staff recommends that the City Council adopt the Resolution authorizing re-initiation of an application for reorganization to the Alameda County Local Agency Formation Commission, as set forth in Exhibit I. .:\ .- (g:\1996\96037\srcc5-6.) 2 . e:: . ' .:, RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------------------------------- AUTHORIZING RE-INITIATION OF APPLICATION FOR REORGANIZATION FOR PA 96-037 SCHAEFER RANCH ANNEXATION WHEREAS, Schaefer Heights, Inc. (the applicants) have submitted a request for annexing 500:i: acres to the City of Dublin and annexing the 500:i: acres to the Dublin San Ramon Service District (DSRSD), and annexing 340:i: acres to Zone 7 of the Alameda County Flood Control & Water Conservation District(Zone 7), and detaching 329:i: acres from the Hayward Area Recreation and Parks District (HARD); and WHEREAS, pursuant to the Cortese-Knox Government Reorganization Act of 1985 (the "Act") (Government Code Section 56000 et seq.) an affected city and affected district, as therein defined, may by resolution adopted by its legislative body make a proposal for a "reorganization", as defined in Section 56073 and request initiation of proceedings thereon; WHEREAS, the City of Dublin is an affected city, and the Dublin San Ramon Services District (DSRSD) and Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7) and the Hayward Area Recreation and Park District (HARD) are affected districts for a reorganization proposal which contains territory proposed to be annexed to said city and to DSRSD and to Zone 7, and HARD territory proposed to be detached from said district. WHEREAS, the City of Dublin is an affected local agency for this reorganization proposal. WHEREAS, the reorganization proposal is made pursuant to the Act. The proposal would annex 500.28:t acres to the City of Dublin (as described in Attachment 5-A, and 500.28:t acres to the Dublin San Ramon Services District, and 339.63:1: acres to Zone 7 of the Alameda County Flood Control and Water Conservation District (as described in Attachment 5-B); and would detach 328.68:i: acres from the Hayward Area Recreation and Park District (as described in Attachment 5-C); and WHEREAS, the territory described in Attachment A is uninhabited territory within the meaning of Government Code Section 56046. WHEREAS, this reorganization is proposed at the request of landowners of the territory to be annexed. WHEREAS, an Environmental Impact Report was prepared for the Schaefer Ranch Project, including the General Plan Amendment, Planned Development Prezoning, Annexation to the City, Tentative Subdivision Map, Annexation to and/or detachment from various service districts, and approval of subsequent development entitlements, in accordance with the provisions of the California Environmental Quality Act, and EXHIBIT 1 WHEREAS I the City Council certified the Schaefer Ranch Project Environmental Impact Report as complete, adequate, and in compliance with CEQA and the City of Dublin's Environmental Guidelines, and approved a General Plan Amendment and Planned Development (PD) Prezoning to establish land uses, general provisions and development regulations for a development consisting of up to 474 single family homes and 11 acres of commercial office uses on approximately 500 acres, generally located on the north side ofthe 1-580 freeway, at Schaefer Ranch Road, in Alameda County, adjacent to Dublin's Western City limits; and .- WHEREAS I no new effects could occur and no new mitigation measures would be required for the reorganization that were not addressed in the Pinal Environmental Impact Report for the Schaefer Ranch project, and the reorganization is within the scope of the Pinal Environmental Impact Report, and WHEREAS I the impacts upon and need for services for the territory to be annexed is set forth in the Schaefer Ranch Final EIR, including the DSRSD's Plan of Service Investigation (Appendix C of the EIR) which addresses water and wastewater services, and WHEREAS I the proposed reorganization would be conditional upon agreement of affected service Districts for annexation of the territory to the Dublin San Ramon Services District and Zone 7 of the Alameda County Flood Control and Water Conservation District, and agreement of affected Districts for detachment of the territory from Zone 2 of the Alameda County Flood Control and Water Conservation District and the Hayward Area Recreation and Parks District, and WHEREAS I this proposal is consistent with the City of Dublin sphere of influence, and .: WHEREAS I if determined appropriate by the LAFCo, the City Council consents to act as the conducting authority for the propose4 reorganization, and WHEREAS, Section 99 of the Revenue and Taxation code provides, among other things, that no local agency jurisdictional change can be completed without the agencies affected by such change first having agreed upon an exchange of property tax revenue between and among the affected agencies, and WHEREAS, the territory subject to the PA 96-037 Schaefer Ranch Reorganization application is within "Western Dublin" as that area is defined in the "Agreement Between County of Alameda and City of Dublin Regarding Transfer of Property Tax Revenues Upon Annexation of property in Western Dublin" ("Agreement"), dated October 26, 1992, and WHEREAS, the Agreement sets forth the agreement of the City Council of the City of Dublin and the Board of Supervisors of the County of Alameda on the method for distributing property tax revenue for annexed land including the PA 94-028 Schaefer Ranch reorganization; and WHEREAS, a notice of the City Council public hearing to consider initiating a request for reorganization to the Alameda County Local Agency Formation Commission (LAFCo) was distributed to all public service providers and interested individuals; and . WHEREAS, the City and the applicant have been cooperatively planning for the provision of services to the project site and have notified the service providers of the proposed annexation; and 2 . .- .:- WHEREAS, the City Council held a properly noticed public hearing on the Schaefer Ranch project Final EIR, General Plan Amendment, Planned Development Prezoning, and Annexation Initiation on July 9, 1996, and considered all written and oral testimony submitted at or prior to the public hearing; and WHEREAS, following the July 9, 1996 public hearing the City Council adopted resolutions certifying the EIR, adopting the General Plan Amendment, and approving the Planned Development Prezone, and adopted an Ordinance prezoning the project site; and WHEREAS, on July 9, 1996 the City Council adopted a Resolution authorizing staff to initiate a proposal for reorganization to the Local Agency Formation Commission and request that proceedings begin; and WHEREAS, on January 9, 1997 the Local Agency Formation Commission considered the City's reorganization request, and took action denying without prejudice the annexation, due to concerns with the commitments of water and wastewater service providers potentially affecting the availability of these City services; and WHEREAS, additional information has been provided, and agreements have been made, indicating resolution of concerns regarding areawide water and wastewater service and demonstrating the commitment sought by the Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AS FOLLOWS: A. The foregoing recitals are true and correct. B. The City Council of the City of Dublin, as the legislative body for an affected local agency, does hereby adopt the foregoing recitals and makes a proposal for a reorganization, as described herein, pursuant to Section 56800 of the Cortese-Knox Act, and does hereby request that proceedings be taken pursuant to said Act. C. This proposal is consistent with the sphere of influence of the City of Dublin. D. The proposed annexation is appropriate because it is contiguous to the existing city limits and would provide a logical extension of development under the City's jurisdiction to provide residential, commercial, public, and open space land uses for the community. E. This proposal is made subject to the following terms and conditions: 1. The description and the maps in Attachments A, B, and C are preliminary and may be subject to more detailed description(s) and map(s) to be prepared in accordance with the LAFCo process. Adjustments to the description of the territory (Attachment A) are to be made as deemed necessary by the County Surveyor. 3 2. The annexation to the City of Dublin is conditional upon agreement of affected service Districts for annexation of the territory to the Dublin San Ramon Servi~es District (DSRSD) and Zone 7 of the Alameda County Flood Control and Water ._ Conservation District, and agreement of affected Districts for detachment of the territory from Zone 2 of the Alameda County Flood Control and Water Conservation District and the Hayward Area Recreation and Parks District (HARD). The Community Development Director is hereby directed to complete the necessary agreements with DSRSD, the Alameda County Flood Control and Water Conservation District, and HARD to finalize this reorganization. F. The City Clerk is directed to file a certified copy of this resolution with the Executive Officer of the LAFCo. PASSED, APPROVED, AND ADOPTED this 6th day of May, 1997, by the following vote: AYES: NOES: ABSENT: ABSTAIN: . Mayor ATTEST: City Clerk g:\pa#\ 1996\9603 7\r-anx2 . 4 . .--.:- .. .' ..- :..') 00 :<:z <{ ::::z ::00 C)-I- -I- :r: J ~ooq::...J ll.Jx:o LuU) <:IJJ <:0: <q; ~~g~ g,;II'I.. ~Q:;=-' 0::: I~ ~Q; IU E~ I.; ~ 1'::,4 c:~ :~ =. I" ~'~Q ; !~~ ~ I'"':S 'I{ ~~ . I_~ ~ ,,~- ~~~: (:) cr IQ..\) ; ~~~~ ... ' ~ Q3:of.~ g ~t ~ "'t ... ~ ~ Ir ~ " ..; ~;: '''''''''1 ~CQ:': --.~..... .~. NQ"':= ~~~~ ~~2~ c. ""I" . ~ \'=;~5 g:!~ ~~i~~ ~~1 ~ "t'to. ii~~~ ~~ . ~.~~ ~ ~; ~:~~. ~ 1~:':'~~: ~ ~ ~[g~ o .,::.11.'\.11' '" ~~..:_> g -' ,'~ . ..... . .... :.:: ~ ~I.o ""1''' __AI .. -<t " ,- ~ ::~:-:Y'~ ~ -to. ..". ". "( , ." ... ~ t..": '~J _" ", ,: ..... 0:::. )..::. ...0 (itJ ... "" _::l ~... .... ~ "" -J "" :j ~ ~ o '" -J "" tJ .::; .. . II) :; OJ '" u ::: .. C 1 ~! .. . ::lls "in : CIl .. 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'\. ... ... \ ,----.,1 f- U ::: -I / c:: I <: I I ?; I I \ I \ o t- < W c ::: ~ <:: <: "- u w c:: >- <: .,-,A ....... o z w C) w -' '" ;:: ::::i .?:- 13 ,E .. u '" 0' c: I ~I ~ ., II) -< ~ <=- tg .!:!:;; g~ ;;; ~ >-- ~~ == 0- o i~ ='c... 50!) !':! ~ :;] ..- oo .. o .. c.- c: ~ 1;.c:: ~ :: .. - z< - '" g5 ::..:.= -=c;: ~c.. 006 ~ o-E '" ., o 0 c.- C l..l _ '" c..C:: ~l ~ . . . . U I - f-l - ~ - - ~ :x: ~ !Z ~ ... e .... ~ ~ ANNEXA TION INFORMATION . The project site is currently within the unincorporated portion of Alameda County. In order for the proj ect to come under the jurisdiction of the City of Dublin, annexation of the site to the City must be approved by the Alameda County Local Agency Formation Commission (LAFCo). The LAFCo prefers that a city prezone an area proposed for annexation, and that prezoning must be consistent with the approved General Plan land uses for the property. The PD Prezoning approved in July of 1996, establishes the appropriate land uses to be in effect at the time the project site becomes a part of the city, and addresses this requirement. The reorganization proposal includes: Annexation of the project site (500.28:i: acres) to the City of Dublin; Annexation of 500.28.::!: acres to the Dublin San Ramon Services District; Annexation of 339.63:i: acres to Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7); Detachment of this acreage from Zone 2 of the Alameda County Flood Control and Water Conservation District; and Detachment of 328.68.::!: acres from the Hayward Area Recreation and Park District In terms of annexations to the City and various service districts, the providers of public services such as water, sewer, schools and other services have reviewed the annexation proposal. As part of the LAFCo review process, these providers were contacted regarding their ability to provide services to the project site. Letters confirming a commitment to serve the site have been received, and studies have been prepared to demonstrate that facilities and service can be provided, including the standards and conditions of approval. These commitments are a part of the application package submitted to LAFCo. :"_ As with the Eastern Dublin annexation, services for this annexation may not be available immediately upon approval of annexation. Planning and engineering studies for water and sewer infrastructure will be required to address facilities needed to serve the annexation area, and the project proponents will likely need to enter into agreements with the service districts. However, the agreement and commitment to serve this and other area projects was recently demonstrated with the consensus reached regarding the "Principles of Agreement" for the LA VWMA Expansion Project between the Dublin San Ramon Services District, and the Cities of Pleasant on and Livermore, to serve projects within the Tri-Valley area. In terms of detachment of the project site from various service districts, the proposed reorganization of the Hayward Area Recreation and Parks District boundary, as well as the Alameda County Flood Control and Water Conservation District (ACFCWCD) boundaries are supported by these Districts. Action in support of the reorganization have been taken by the Board of Directors of both agencies, and letters confIrming these actions have been provided to the LAFCo. Staff believes the annexation is a logical extension of the Dublin City limits, and the project would provide an efficient, orderly and planned extension of urban development in the City's western extended planning area that is appropriate for the site. g:\ 1996\9603 7\backgr-a.doc BACKGROUND EXHIBIT A :. 1 -' .: .: .: .p;A Design Resources~ Inc.. Planning " Engineering . Surveying April 30, 1997 Eddie Peabody, Jr. Community Development Director City of Dublin 100 Civic Plaza P.O.:Box 2340 Dublin, CA 94568-2340 RE: Schaefer Ranch (f'A94-028) Reorganization Dear Eddie, This letter is to acknowledge that our client, Schaefer Heights, Inc., supports the City of Dublin it its effort to re-initiate the reorganization proceedings with the Local Agency .Formation Corrunission for the Schaefer Ranch. This re~initiation effort is due to recent information indicating that a resolution to the areawide concern of providing wastewater service is eminent. With the resolution of the wastewater service issue, Schaefer HeightS, Inc. agrees" with the City staf{that all concerns with the proj eet have been addressed, and it is now appropriate to request reconsideration of the annexation at this point given the time frames needed to: complete the process. , Vle plan to be prese:nt at the May 6, 1997 City Council meeting to answer any questions that may, arise. Very truly yours PIA Desig pc: R.. Y ohai, 8m s. Atkinson, B&Mc BACKGROUND EXHIBIT B 1 2700 Ygnacio Valley Road, Suite 100 Walnut Creek, California 94598-3462 Tel: (510) 210-9300 F8~: (510) 210-9303