HomeMy WebLinkAboutPC Reso05-70 05-042 Adopt Dev Agrmt for Dublin Transit Ctr Site E-1
RESOLUTION NO. 05-70
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT
FOR DUBLIN TRANSIT CENTER SITE E-l (METROPOLITAN AT DUBLIN STATION)
APN 986-0001-013-02
PA 05-042
WHEREAS, D.R. Horton, Inc. has requested approval of a Development Agreement for Dublin
Transit Center Site E-l, Metropolitan at Dublin Station, located the southeast corner of Dublin Boulevard
and Iron Horse Parkway; and
WHEREAS, Development Agreements are required as an implementing measure of the Eastern
Dublin Specific Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Staff has
recommended that the project be found exempt from CEQA pursuant to Government Code section 65457
for residential projects that are consistent with a specific plan. The Project is within the scope of the Final
Environmental Impact Report (EIR) 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 text of the Draft Development Agreement is attached to this resolution as Exhibit
A; 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 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 proposed Site E-l mixed-use development 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 Tentative Parcel Map, 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 Site E-l mixed-use development 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission does hereby recommend that the City Council approve the Development Agreement between
the City of Dublin and D.R. Horton, Inc.
PASSED, APPROVED AND ADOPTED this 13th day of December 2005.
AYES:
Chair Schaub and Commissioners Biddle, Fasulkey, Wehrenberg
NOES:
Commissioner King
ABSENT:
ABSTAIN:
N~at'-
Planning Commission Chairperson
ATTEST:
PI~"i(f:8
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