HomeMy WebLinkAboutReso 041-02 EDubProp Findings RESOLUTION NO. 41 - 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
MAKING FINDINGS RELATED TO THE PD-PREZONING AND RELATED STAGE 1
DEVELOPMENT PLAN FOR TFIE EASTERN DUBLIN PROPERTIES
ON 1,120 ACRES EAST OF FALLON ROAD PA 00-025
WHEREAS, the applicant, Braddock and Logan on behalf of the Eastern Dublin Property Owners
(EDPO), has requested approval of a Planned Development (PD) Prezoning, Stage 1 Development Plan,
and reorganization of an area of approximately 1,120-acres generally located in an unincorporated area of
Alameda County bounded by Interstate 580 (1-580) to the south and Fallon Road to the west, located east
of the current City Limits and within the Eastern Dublin Specific Plan area (APNs: 985-0007-002-14, 905-
0002-003, 985-0006-010, 985-0006-009, 905-0002-002, 905-0002-001-01, 985-0006-004, 985-0006-
006-02, 985-0006-006-03, 905-0001-006-03, 905-0001-005-02, 905-0001-004-04, 905-0001-004-03),
which reorganization includes the annexation of the territory to the City of Dublin and the Dublin San
Ramon Services District and the detachment of the territory from the Livermore Area Recreation and
Parks District. The requested approvals are collectively referred to herein as the "Project"; and
WHEREAS, a complete application for the above Project is available and on file in the Planning
Department; and
WHEREAS, the applicant has submitted a Prezoning and a Stage 1 Planned Development
application to the City as required by Section 8.32 of the Dublin Zoning Ordinance. Unless otherwise
specified, reference to the Prezoning also includes the required the Stage 1 Development Plan; and
WHEREAS, proper notice of the public hearing was given in all respects as required by law; and
WHEREAS, on May 10, 1993, the City Council certified a program Environmental Impact Report
("EIR") for the Eastern Dublin GPA/SP Project and an addendum thereto, dated May 4, 1993 (SCH
91103064). On August 22, 1994, the City Council approved another addendum to update plans to provide
sewer service. The May 10, 1993 program ErR, the May 4, 1993 addendum and the August 22, 1994
addendum are collectively referred to as the Eastern Dublin EIR; and
WHEREAS, the Project is consistent with the type, location and density of land uses approved
through the 1993 Eastern Dublin GPA/SP Project. All mitigation measures adopted for the GPA/SP
Project continue to apply to implementing projects such as the current PD Prezone; and all applicable City
development ordinances and standards apply to the Project except as otherwise approved through the
Project prezoning and related Stage 1 Development Plan; and
WHEREAS, upon approval of the Eastern Dublin GPA/SP Project, the City Council adopted
mitigation findings, a statement of overriding considerations, and a mitigation monitoring program as set
forth in Resolution 53-93, included in the Revised Draft Supplemental EIR referenced below; and
WHEREAS, the City completed an Initial Study for the Project consistent with CEQA Guidelines
sections 15162 and 15163 and determined that a Supplement to the Eastern Dublin EIR ("Supplemental
EIR") was required in order to analyze substantial changes in circumstances and new information since
certification of the Eastern Dublin EIR. A Notice of Preparation dated May 25, 2001, was circulated with
the Initial Study to public agencies and interested parties for consultation on the scope of the Supplemental
EIR; and
WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City
prepared a Draft Supplemental EIR, followed and superseded by a Revised Draft Supplemental EIR dated
January 2002 and consisting of two bound volumes (SCH 2001052114). Volume 1 contains the Revised
Draft Supplemental EIR text; Volume 2 contains appendices, including the Notice of Preparation and
Initial Study; and
WHEREAS, the Revised Draft Supplemental Ell*, was circulated for the required 45 day public
review period, from January 15, 2002 to March 1, 2002. Responses to comments on the Revised Draft
Supplemental E1R were prepared and compiled in a Revised Final Supplemental EIR. The Revised Draft
and Final Supplemental EIRs were certified by the City Council as the Supplemental EIR for the Project on
April 2, 2002 in Resolution No. Z~/~_ 02; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said applications
on March 26, 2002, and adopted a Resolution recommending that the City Council approve a Planned
Development Prezoning and Stage 1 Development Plan for PA 00-025; and
WHEREAS, a Staff report, dated April 2, 2002, and incorporated herein by reference, described
and analyzed the Revised Draft Supplemental EIR, the Revised Final SEIR containing responses to
comments received during the public review period, and the Project for the City Council; and
WHEREAS, a properly noticed public hearing was held by the City Council on April 2, 2002 and
April 16, 2002; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
applications and the City Council heard and considered the Revised Draft and Final Supplemental EIRs, all
said reports, recommendations and testimony hereinabove set forth prior to taking action on the proposed
PD Prezone/Stage 1 Development Plan.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
BE IT FURTHER RESOLVED that the Dublin City Council finds as follows regarding approval
of the proposed Planned Development Prezone/Stage 1 Development Plan for PA 00-025:
1. The proposed Planned Development Prezone/Stage 1 Development Plan meets the intent and
purpose of Chapter 8.32 of the Zoning Ordinance because it provides a comprehensive
Development Plan which will create a desirable use of land and an environment that will be
sensitive to surrounding land uses by virtue of the layout and design of the site plan.
2. The Planned Development Prezone is appropriate for the subject property in terms of setting
forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted
and conditionally permitted uses and Development Standards, Which will be harmonious and
compatible with existing and proposed residential, commercial, open space and other uses in
the immediate vicinity of the Project and in surrounding areas, and will enhance the
development of the Specific Plan and General Plan Area.
3. The Planned Development Prezone will provide for the future development of the property as
contemplated in the Eastern Dublin GPA and Specific Plan with residential, commercial,
industrial, and open space uses as well as uses including public schools and parks; the
project is consistent with the general provisions, intent, and purpose of the Eastern Dublin
GPA and Specific Plan and will contribute towards implementation of said Plans.
4. The Planned Development Prezone is consistent with the general provisions, intent, and
purpose of the PD Zoning District of the Zoning Ordinance in that it contains all
information required by Section 8.32 of the Zoning Ordinance and accomplishes the
objectives of Section 8.32.010, A through H, of the Zoning Ordinance.
5. The Planned Development Prezone will provide efficient use of land and will preserve an area
of open space and undisturbed hillside along the north and primarily the northeast area of
the property; will be compatible with and enhance the general development of the area; and
will create an attractive, efficient and safe environment.
6. The Planned Development Prezone will not have a substantial adverse effect on health or safety
of persons residing or working in the Project vicinity, or be substantially detrimental to the
public welfare or be injurious to property or public improvement, as all applicable
regulations and standards will be met. Through the proposed Stage 1 Development Plan,
including its site plan, development standards and applicable mitigation measures from the
Eastern Dublin EIR and the Supplemental ElK the Project site is suitable for the type and
intensity of the zoning proposed.
7. The Planned Development Prezone will not overburden public services or facilities as all
agencies must commit to the availability of public services prior to the issuance of any
building permits as required by the Eastern Dublin Specific Plan policies and mitigation
measures contained in the Eastern Dublin EIR and the Eastern Dublin Properties
Supplemental ElK
8. The Planned Development Prezone will be consistent with the policies of the Dublin General
Plan.
9. The Planned Development Prezone will benefit the public necessity, convenience and general
welfare.
10. The adopted Eastern Dublin Properties Mitigation Monitoring Program applies to the PD
Prezone as the reporting and monitoring program required by Public Resources Code
21081.6. The previously adopted Eastern Dublin Mitigation Monitoring Program also
continues to apply to the PD Prezone.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 2nd day of April, 2002,
by the following votes:
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None ~///~(~l~
ABSTAIN: None
K2/G/4-2-02/reso-ceqa.doc (Item 6.4)
G:~PA~k2000\00-025\CC StaffReport and Reso-March 02kreso.nonCEQAfindh~gsforPD.mar2$.doc
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