HomeMy WebLinkAboutPC Reso 08-36 Appv Dev Agrmt Wallis Ranch PA05-051RESOLUTION NO. 08 -36
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR
WALLIS RANCH (DUBLIN RANCH WEST)
PA 05-051
WHEREAS, a request has been made by Chang Su-0 Lin (the "Lin Family") ("Applicant") to
enter into a Development Agreement with the City of Dublin for the property known as the Wallis Ranch
(Dublin Ranch West), a 184-acre project (PA 05-051); and
WHEREAS, Development Agreements are required as an implementing measure of the Eastern
Dublin Specific Plan; and
WHEREAS, the project site was annexed by the City in May 2005 as a result of a request and
application (PA 02-028) for pre-zoning and a Stage 1 Plaimed Development Plan by the
applicant/property owner; and
WHEREAS, an amendment to the General Plan and an wriendment to the Eastern Dublin
Specific Plan was adopted by Ordinance 19-07 which included the project site; 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 Resolution 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, an Initial Study and Draft
Supplemental EIR (SEIR) (SCH #2003022083) were prepared in order to thoroughly and
comprehensively assess the potential for the project to cause or contribute to significant impacts beyond
those identified in the 1993 EIR. The SEIR was certified by the City on March 15, 2005, by Resolution
42-05; and
WHEREAS, a Mitigated Negative Declaration was adopted on February 6, 2007 by Resolution
18-07 with an application (PA 05-051) for an 11.6-acre area within the unincorporated area of Contra
Costa County abutting the site needed for drainage, open space, em,,rgency vehicle access, and habitat
preservation; and
WHEREAS, PA 05-051 also included City Council Ordinance 02-07 approving an amendment
to the Stage 1 Planned Development zoning and a Stage 2 Development Plan; and
WHEREAS, PA 05-051 also included Planning Commission Resolution 07-01 approving a Site
Development Review, Master Vesting Tentative Tract Map 7515, and Vesting Tentative Tracts 7711,
7712, 7713, 7714, 7715 & 7716 for Neighborhoods 1, 2, 3, 4, 5 and 6, respectively; 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 November 12, 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 recommencing 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 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
Plan/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 authorized in, and the regulations prescribed
for, the land use district in which the real property is located in that ttLe project approvals included Planned
Development Zoning, Stage 2 Development Plan, Site Development'.2eview, and Tentative Parcel Map.
3. Said Agreement is in conformity with public conventt ence, 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 consi 3tent 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 Chang Su-0 Lin (the "Lin Family") for the project (PA 05-051).
PASSED, APPROVED AND ADOPTED this 12th day of November, 2008.
Page 2 of 3
AYES: Schaub, Tomlinson, Wehrenberg, Biddle, King
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
C _
. (:V, P1 ng Manager
G: IPA#12005105-051 Dublin Ranch West-Wat islDevelopment AgreementlDub-WalhsRanch-DA_PC 1'esadoc
Page 3 of 3