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HomeMy WebLinkAboutOrd 10-96 DA Calif CreeksideORDINANCE NO. 10-96 AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE DEVELOPMENT AGREEMENT, FOR PA 95-048, CALIFORNIA CREEKSIDE THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed California Creekside Planned Development (PA 95-048) ("project") 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 as "Low Density Residential", "Medium Density Residential", and "Medium-High Density Residential" and in an area which is designated on the Specific Plan as "Single Family Residential", "Medium Density Residential", and "Medium-High Density Residential". B. A Program Environmental Impact Report ("EIR") was prepared for the Specific Plan and the Eastern Dublin General Plan Amendment and certified by the City Council by Resolution No. 51-93. 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. Kaufman and Broad of Northern California and the Surplus Property Authority of the County of Alameda have filed an application requesting approval of a development agreement for the California Creekside project. E. A Development Agreement between the City of Dublin, Kaufman and Broad of Northern California, and the Surplus Property A.uthority of the County of Alameda ("Development Agreement") has been presented to the City'Council, a copy of which is attached hereto as Attachment 1. F. A public hearing on the Proposed Development Agreement was held before the Planning · commission on April 16, 1996, 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, which recommendation includes the Planning Commission's determinations with respect to the matters set forth in Section 8.12.080 of the Dublin Municipal Code. H. A number of minor modifications to the Development Agreement have been made since the Planning Commission made its recommendation, which modifications the Council finds need not be referred back to the Planning Commission. I. A public hearing on the proposed Development Agreement was held before the City Council on May 14, 1996, for which public notice was given as provided by law. J. The City Council has considered the recommendation of the Planning commission (Planning Commission Resolution 96-10), 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. K. Pursuant to the California Environmental Quality Act, an analysis by staff found that the project is exempt according to Section '15182 of the State CEQA Guidelines. That analysis showed that the proposed residential project is within the scope of the Final Environmental Impact Report (FEIR) for the Eastern Dublin General Plan Amendment which was certified by the City Council by Resolution No. 51- 93, and the Addenda dated May 4, 1993, and August 22, 1994. The analysis indicated that no new effects could occur and no new mitigation measures would be required for the California Creekside project that were not addressed in the FEIR. Further, that analYsis found that the project is in conformity with the Eastern Dublin Specific Plan. 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, 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 designations for the site are "Low Density Residential", "Single Family Residential", "Medium Density Residential", and "Medium-High Density Residential", and the project is a residential development consistent with the "Low Density Residential", "Single Family Residential", "Medium Density Residential", and "Medium-High Density Residential" designations, (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, reimbursement for oversizing infrastructure 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 districts in which the real property is located in that the project approvals include a Planned Development Rezoning adopted specifically for the California Creekside project. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the California Creekside project will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential development 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 the Mitigation Monitoring program for the project prepared by Staff and will comply with all programs and policies of the 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) 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 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 28th day of May, 1996, by the following votes: AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: DEPUTY CITY C~~ G:pa95048ord2