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HomeMy WebLinkAboutPCReso 99-34 PA99-004 Rec CC SPCA DARESOLUTION NO. 99-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 99-004 TRI-VALLEY SPCA WHEREAS, The Oakland SPCA has requested approval of a Development Agreement for a new Tri- Valley SPCA Facility on 2.37 + acres at the northwest corner of Gleason Drive and Barnet Boulevard in the Eastern Dublin Specific Plan area; and 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 Negative Declaration has been prepared for the project because 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 Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 23, 1999; 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 City of Dublin General Plan and the Eastern Dublin Specific Plan in that, a) the General Plan and Eastern Dublin Specific Plan land use designation for the subject site is Public/Semi-Public and that the Tri- Valley SPCA 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 General Plan and Eastern Dublin Specific 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. 3_ 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 Conditional Use Permit. 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Tri-Valley SPCA Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and City of Dublin General Plan which have planned for public and semi-public uses at this location. 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 General Plan and Eastern Dublin Specific 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 Oakland SPCA and the City of Dublin (Attachment 4) for PA 99-004, Tri-Valley SPCA Project. PASSED, APPROVED AND ADOPTED this 23rd day of November, 1999. AYES: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz NOES: ABSENT: ATTEST: community Development Director G:\PA99-004\pcdares 2