HomeMy WebLinkAboutPC Reso05-62 B&L DA Fallon Vlg
RESOLUTION NO. 05 - 62
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT AGREEMENT
FOR THE BRADDOCK & LOGAN PROPERTIES PORTION OF FALLON VILLAGE
PA 05-038
WHEREAS, Jeff Lawrence on behalf of Dublin RE Investors, LLC and Braddock & Logan
Services, Inc., has requested approval of a Development Agreement for the northern 488-acres of the
Fallon Village project owneclJcontrolled by Braddock & Logan (PA 05-038), referred to herein as the
"Developer's project".
WHEREAS, Development Agreements are required as an implementing measure of the Eastern
Dublin Specific Plan; and
WHEREAS, the Developer's project is in Eastern Dublin for which the City adopted the 1993
Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning
framework for future development of the area. In connection with this approval, the City certified a
program EIR pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, Resolution 51-93, and
the Addenda dated May 4, 1993 and August 22, 1994, hereafter "Eastern Dublin EIR" or "program
EIR") that is available for review in the City Planning Department and is incorporated herein by
reference. The program EIR was integral to the planning process and examined the direct and indirect
effects, cumulative impacts, broad policy alternatives, and area wide mitigation measures for
developing Eastern Dublin; and
WHEREAS, in connection with an annexation and prezoning request for the project area in 2002,
the City certified a Supplemental EIR that is available for review in the planning department and is
incorporated herein by reference. In connection with the 2002 project approval, the City Council adopted
supplemental mitigation measures, mitigation findings, a statement of overriding considerations and a
mitigation monitoring program. All adopted supplemental mitigation measures continue to apply to the
project area; and
WHEREAS, consistent with CEQA and the CEQA Guidelines, the City prepared a 2005
Supplement to the 1993 and 2002 EIRs for the Fallon Village project. The 2005 Supplemental EIR
contains Draft and Final Supplemental EIR documents and was presented to the Planning Commission for
review prior to its recommendation on the project. The Developer's project is part of the project that was
analyzed in the prior EIRs and the 2005 Supplemental EIR; and
WHEREAS, the text of the Draft Development Agreement is attached to this resolution along
with the draft Ordinance marked as Exhibit A; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
November 22,2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
recommend that the City Council approve the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their 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 make the following findings and determinations regarding said proposed Development Agreement:
1. Said Agreement is consistent with the objectives, policies, general land uses and programs
specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern Dublin Specific
Plan/General Plan land use designation for the subject site is proposed to be Planned Development and the
Developer's project is consistent with that designation; b) the project is consistent with the fiscal policies
in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific
Plan/General Plan; c) the Agreement sets forth the rules the Developer and City will be governed by
during the development process which is required by the Eastern Dublin Specific Plan and the Mitigation
Monitoring Program of the Eastern Dublin Specific Plan.
2. Said 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 Rezone and Site Development Review.
3. Said Agreement is in conformity with public convenience, general welfare and good land
use practice in that the Developer's project will implement land use guidelines set forth in the Eastern
Dublin Specific Plan/General Plan, as proposed.
4. Said Agreement will not be detrimental to the health, safety and general welfare in that the
Developer's project will proceed in accordance with the Agreement and any Conditions of Approval for
the Project.
5. Said Agreement will not adversely affect the orderly development of the property or the
preservation of property values in that the Developer's project will be consistent with the City of Dublin
Eastern Dublin Specific Plan/General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission does hereby recommend that the City Council approve the Development Agreement between
Dublin RE Investors, LLC and the City of Dublin for the Developer's project (P A 05-038).
PASSED, APPROVED AND ADOPTED this 22nd day of November of 2005
AYES:
Chair Schaub and Commissioners Biddle, King, Fasulkey, Wehrenberg.
NOES:
ABSENT:
ABSTAIN:
t:t/ cJdp.
Planning Commission Chairperson
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