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HomeMy WebLinkAboutPC Reso 98-44 PA97-040 Rec CC Casterson DA RESOLUTION NO. 98-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 97-040 THE CASTERSON PROPERTY RESIDENTIAL DEVELOPMENT WHEREAS, James Tong and Mei Fong Tong have requested approval of a Development Agreement for the Casterson Property Residential Development project on 19 + acres at 5020 Tassajara Road, 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). The Program EIR adequately describes the total project for the purposes of CEQA. WHEREAS, the Planning Commission did hold a public hearing on said application on October 13, 1998; 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 C~eneral Plan and Eastern Dublin Specific Plan land use designation for the subject site is Medium Density Residential and that this is a residential development 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. 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 Rezoning adopted specifically for the Casterson Property Residential Development project. 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Casterson Property Residential Development will implement land use guidelines set forth in the Eastern Dublin Specific Plan and City of Dublin General Plan which have planned for residential development 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 Eastem 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 James Tong and Mci Fong Tong and the City of Dublin, for the Casterson Property Residential Development project (PA 97- 040). PASSED, APPROVED AND ADOPTED this 13th day of October, 1998. AYES: NOES: ABSENT: Cm. Johnson, Musser, and Oravetz Cm. Jennings, and Hughes l~lax~n(ng Commissi~t~ Chairpersoa/ ATTEST: Community Development D~rector G:\PA97-040\pcdares