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HomeMy WebLinkAboutPC Reso05-64 04-042 Appv Dev Agrmt Sorrento Dubln Rnch Area F West RESOLUTION NO. 05 -64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR SORRENTO AT DUBLIN RANCH AREA F WEST PA 04-042 WHEREAS, a request has been made by Toll Brothers, Inc. ("Applicant") for approval of a Development Agreement for the property known as Sorrento at Dublin Ranch Area F West, an area of approximately 45 acres (PA 04-042); and WHEREAS, said Applicants are principals of Sorrento at Dublin Ranch I, L. P. (limited partnership) ("Developer") and party to the Development Agreement; and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, the project site 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 Addendum dated 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, the program EIR also identified some impacts resulting from implementation that could not be mitigated, and the City adopted a statement of overriding considerations for such impacts. The City also adopted a mitigation-monitoring program, which included a series of measures intended to reduce impacts from the implementation of the plan; and WHEREAS, in 1997, the City Council approved a Negative Declaration (Resolution 140-97) which addressed an area of approximately 453 acres in Dublin Ranch Areas B through E, including a variety of residential and non-residential uses, as well as a community park of approximately 42 acres which became portions of Dublin Ranch Area F; and WHEREAS, for the portions of the project within Area F, the City Council approved a Mitigated Negative Declaration on February 15, 2000 (Resolution 34-00) which included approximately 147 acres from other areas within Dublin Ranch; and WHEREAS, on March 16,2004, an EIR Addendum was certified by the City Council (Resolution No. 43-04) pursuant to CEQA Guidelines Section 15164 related to PA 01-037; and WHEREAS, a determination has been made for the project proposed under application PA 04- 042 that it has been adequately addressed in the 2004 EIR Addendum and would cause no environmental impacts beyond those previously identified and addressed; and WHEREAS, the previously adopted mitigation monitoring program and all adopted supplemental mitigation measures continue to apply to the project area; and WHEREAS, the text of the Draft Development Agreement is attached to this resolution as Exhibit A to the Ordinance; and WHEREAS, the Planning Commission did hold a public hearing on said application on December 13,2005; 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 City of 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 that 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 development 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 development will be consistent with the City of Dublin Eastern Dublin Specific Plan/General Plan. Page 2 of3 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council approve the Development Agreement between Sorrento at Dublin Ranch!, L. P. and the City of Dublin for the Developer's project (PA 04-042). PASSED, APPROVED AND ADOPTED this 13'h day of December of 2005. AYES: Chair Schaub and Commissioners Biddle, Fasulkey, King, Wehrenberg NOES: ABSENT: ABSTAIN: f1/~ Planning Commission Chairperson A ITEST: Planni G:\PA#\2004'D4-042 Toll Area F & B\DA West\Sorrento-dmft PCReso-DA.doc page3 of 3