HomeMy WebLinkAboutPC Reso 02-15 PA01-010 DubRch A-1 DA RESOLUTION NO. 02 - 15
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT
AGREEMENT FOR PA 01-010 TOLL BROTHERS - DUBLIN RANCH AREA A-1
DEVELOPMENT AGREEMENT
WHEREAS, Jon Paynter on behalf of Toll CA, L.P. has requested approval of a
Development Agreement for the proposed Dublin Ranch Area A-1 residential neighborhood
located east of Tassajara Road adjacent to the future Fallon Road extensions, approximately
4,500 feet north of 1-580.
WHEREAS, a Development Agreement is required as an implementing measure of the
Eastern Dublin Specific Plan; and
WHEREAS, this project is within the scope of the Eastern Dublin Specific Plan and
General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated
Negative Declaration was prepared for the entire project. The project will not have
environmental effects, which were not examined in the Program EIR. No new effects will occur
and therefore no revisions to the Program EIR are required. That Mitigated Negative Declaration
together with the Program EIR adequately describes the total project for the purposes of CEQA;
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
March 12, 2002; 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 reconunend that the City Council approve the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered the Mitigated Negative Declaration, 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 Toll Brothers Dublin Ranch Area A-1 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 Toll Brothers Dublin Ranch Area A-1 residential neighborhood
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; and
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 Toll CA, L.P. and the City of Dublin for PA 01-010, Toll Brothers, Dublin Ranch Area
A-1.
PASSED, APPROVED AND ADOPTED this 12th day of March, 2002.
AYES:
Cm. Musser, Jennings, Fasulkey & Nassar
NOES:
ABSENT: Cm. Johnson
ABSTAIN:
ATTEST:
Plai~in M~ager
.mmission Vice Chairperson
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