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HomeMy WebLinkAboutPC Reso05-54 Refer jurisdiction to CC to Apv SDR BART Prkg RESOLUTION NO. 05 - 54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL APPROVAL OF THE EAST DUBLIN BART PARKING STRUCTURE SITE DEVELOPMENT REVIEW LOCATED SOUTHEAST OF IRON HOURSE PARKWAY ADJACENT TO 1-580 AND THE EXISTING DUBLIN/PLEASANTON BART STATION (por. of APN 986-0001-009 and por. of APN 986-0001-013-02) P A 03-062 WHEREAS, the Applicant, Alameda County Surplus Property Authority, has requested approval of Site Development Review for PA 03-062, East Dublin BART Parking Structure, for the construction of a 6-7 level parking structure and the future development of 7,500 square feet of retail on approximately ±4.99 acres of land, located on a portion of land within the Dublin Transit Center designated for public/semi-public uses, also within the Eastern Dublin Specific Plan area, southeast of Iron Horse Parkway adjacent to 1-580 and the existing DublinlPleasanton BART Station; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 6-7 level parking structure and the future development of 7,500 square feet of retail, which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans in conjunction with the requested entitlement dated September 12,2005; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from additional CEQA review. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.I-6 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, the City Council has been very involved with BART and Alameda County regarding the ability to enforce conditions of approval and the overall financing ofthe garage; and WHEREAS, Staff has prepared this Resolution for the Planning Commission to transfer their hearing jurisdiction to the City Council with a recommendation for approval of P A 03-062, East Dublin BART Parking Structure Site Development Review, related amendments and time extensions of permits; and WHEREAS, a public hearing was scheduled before the Planning Commission on September 27, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and outlining the issues surrounding the request; and WHEREAS, the Planning Commission did hold a public hearing on said project application on September 27,2005; and WHEREAS, the Planning Commission expressed concerns related to the Project and continued the public hearing to October 11, 2005; and WHEREAS, a public hearing was scheduled before the Planning Commission on October II, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and addressing the concerns expressed at the September 27,2005 meeting; and WHEREAS, the Planning Commission did hold a public hearing on said project application October II, 2005; and WHEREAS, the draft City Council Resolution approving the East Dublin BART Parking Structure project has been revised to address the Planning Commissions concerns and is attached as Exhibit A; and WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby transfer the original hearing jurisdiction for the East Dublin BART Parking Structure Site Development Review to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance and also recommends City Council approval of said project. PASSED, APPROVED AND ADOPTED this 11th day of October 2005. AYES: NOES: ABSENT: ABSTAIN: Commissioners Wehrenberg, King, Vice-Chair Biddle Chair Schaub, Cm. Fasulkey ¡/IILI/ ( /) tI~j Planning Commission Vice-Chair ATTEST: 2