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HomeMy WebLinkAboutPC Reso 08-24 CC Adopt Ord Appv DA-Fallon Crossing PA04-016RESOLUTION NO. 08 -24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR FALLON CROSSING PA 04-016 WHEREAS, a request has been made by Standard Pacific Corp. ("Applicant") to enter into a Development Agreement with the City of Dublin for the property known as the Fallon Crossing, an area of approximately 67.8 acres, including 106 single-family units within Vesting Tentative Tract 7617 (PA 04-016); and WHEREAS, the project is located within the Eastern Dublin Specific Plan area; and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, on May 16, 2006, the City Council approved PA 04-016 for Fallon Crossing, which included a Planned Development (PD) prezone and Planned Development (PD) rezone/Stage 1 Development Plan, by Ordinance No. 7-06. The annexation application and pre-annexation agreement were approved by Resolution Nos. 72-06 and 73-06; and WHEREAS, annexation to the City and the Dublin San Rarr.on Services District (DSRSD) was approved by LAFCO on September 14, 2006; and WHEREAS, as part of the City's Sphere of Influence, broad policy alternatives, and area-wide mitigation measures for developing Eastern Dublin, the project site initially was addressed as part of a program EIR prepared pursuant to CEQA Guidelines Section 15168 which served as a comprehensive planning framework for future development of the area; and WHEREAS, the City certified the program EIR by Resoluti :)n 51-93, and Addenda dated May 4, 1993 and August 22, 1994, (hereafter "Eastern Dublin EIR" or "grogram EIR") (SCH #91-103064) that is available for review in the City Planning Department and is incorporated herein by reference; and WHEREAS, in conjunction with the annexation application, a Mitigated Negative Declaration (MND) was prepared and adopted by the City Council on May 16, 2006 by Resolution 71-06; and WHEREAS, on November 13, 2007, Planning Commission approved Resolution 07-59 as part of PA 04-016, which included Vesting Tentative Map 7617 for 106 single family units and a Site Development Review in accordance with Chapter 8.104 of the Zoning Ordinance; and WHEREAS, the text of the Draft Development Agreement is attached to this Resolution as Exhibit A to the proposed Ordinance; and WHEREAS, the Planning Commission did hold a public hearing on said Development Agreement on October 14, 2008; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the staff report was submitted and reviewed by the Planning Commission recommending 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: 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 Applicant'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 :?lan/General Plan; c) the Agreement sets forth the rules the Applicant 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 authorizod in, and the regulations prescribed for, the land use district in which the real property is located in that the project approvals for PA 04-016 include Planned Development zoning, Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map 761 ". 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Applicant'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 General Plan and Eastern Dublin Specific Plan. 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 the City of Dublin and Standard Pacific Corp. for the project (PA 04-016). Page 2 of 3 PASSED, APPROVED AND ADOPTED this 14th day of October, 2008. AYES: Schaub, Tomlinson, Wehrenberg, Biddle and King NOES: ABSENT: ABSTAIN: r Planning Commission Chairperson ATTEST: r "4e PlanninG: IPAW004104-016 Mission Peak -Standard Pacific.DAWC DA Reso 10.14.08.doc Page 3 of 3