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HomeMy WebLinkAbout8.2 Exh A/Attch 6 CC Ord DA PA 08-045 Dublin Ranch No. Annexation AreaORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN RANCH NORTH BETWEEN THE CITY OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN APN: 985-0028-003-02 PA 08-045 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Dublin Ranch North Annexation Area ("Project") includes General Plan and Specific Plan amendments to modify the land use designations from Low Density Residential and Rural Residential/Agriculture to Estate Residential and Open Space and reduce the overall density of the site, approval of a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan for the 157.7 acre project site and a Vesting Tentative Tract Map to subdivide 157.2 acres into 5 lots. B. Pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency prepared a Mitigated Negative Declaration for the Dublin Ranch North project entitled "Initial Study/Mitigated Negative Declaration" dated October 2009 and incorporated herein by reference, and circulated it for review. The Planning Commission reviewed the Mitigated Negative Declaration and adopted a Resolution incorporated herein by reference, recommending that the City Council adopt the Mitigated Negative Declaration. C. A public hearing on the proposed Development Agreement was held before the Planning Commission on November 10, 2009, for which public notice was given as provided by law. D. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement. F. A public hearing on the proposed Development Agreement was held before the City Council on , 2009 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at its November 10, 2009 meeting, including the Planning Commission's reasons for its recommendation, the Staff Report, all comments received in writing and all testimony received at the public hearing. Page 1 of 3 EXHIBIT A TO ATTACHMENT 6 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 Specific Plan, (d) the Eastern Dublin EIR, (e) the Mitigated Negative Declaration (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Project is consistent with the objectives, policies, land uses and programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan as amended in that (a) the proposed General Plan and Specific Plan land use designation for the site are Estate Residential and Open Space and the proposed project is a project consistent with those land uses, (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, (c) the project is consistent with the Stage 1 and Stage 2 Planned Development Zoning proposed for Dublin Ranch North, and (d) the Dublin Ranch North Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Dublin Ranch North 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 Annexation into the City of Dublin, General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan and a Vesting Tentative Tract Map. 3. The Dublin Ranch North Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the project will implement land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan which have planned for residential uses at this location. 4. The Dublin Ranch North 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 Dublin Ranch North 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 (Exhibit A) and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Page 2 of 3 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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2008\PA 08-045 Dublin Ranch North GPA Initiation\Planning Commission= Ordinance DA.DOC Page 3 of 3