HomeMy WebLinkAbout8.2 Attch 6 Reso DA PA 08-045 Dublin Ranch No. Annexation AreaRESOLUTION NO.09-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT FOR DUBLIN RANCH NORTH BETWEEN THE CITY
OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN
APN: 985-0028-003-02
PA 08-045
WHEREAS, the Applicant, James Tong on behalf of the Lin family, submitted an application (PA
08-045) to the City regarding a 157.7 acre parcel ("Dublin Ranch North Annexation Area") located in the
unincorporated area of Alameda County; and
WHEREAS, the proposed project includes General Plan and Specific Plan amendments to modify
the land use designations from Low Density Residential and Rural Residential/Agriculture to Estate
Residential and Open Space and reduce the overall density of the site, approval of a Planned Development
Prezone with a related Stage 1 and Stage 2 Development Plan for the 157.7 acre project site and a Vesting
Tentative Tract Map to subdivide 157.2 acres into 5 lots, and a Development Agreement; and
WHEREAS, the Eastern Dublin Specific Plan requires developers to enter into Development
Agreements as a condition of development; and
WHEREAS, the Dublin Ranch North property is within the General Plan Eastern Extended
Planning Area for which a Program Environmental Impact Report (EIR) was certified pursuant to the
California Environmental Quality Act (CEQA) by the City Council by Resolution No. 51-93 and two
subsequent Addendums dated May 4, 1993 and August 22, 1994 (the "Eastern Dublin EIR" (SCH
91103064)). The Eastern Dublin EIR identified significant and unavoidable impacts from development of
the Eastern Dublin area, some of which apply to this project; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency prepared
a Mitigated Negative Declaration for the Dublin Ranch North project entitled "Initial Study/Mitigated
Negative Declaration" dated October 2009 and incorporated herein by reference, and circulated for it
review from October 6, 2009 through November 5, 2009; and
WHEREAS, the Planning Commission reviewed the Initial Study/Mitigated Negative Declaration
and adopted a Resolution incorporated herein by reference, recommending that the City Council adopt the
Mitigated Negative Declaration; and
WHEREAS, the Development Agreement is included as Exhibit B to this Resolution; and
WHEREAS, the Planning Commission did hold a public hearing on the Project application on
November 10, 2009; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
ATTACHMENT 6
WHEREAS, the Staff Report was submitted analyzing the project and the Mitigated Negative
Declaration, and recommending that the Planning Commission recommend that the City Council approve
the Development Agreement; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
the Mitigated Negative Declaration and all said reports, recommendations and testimony hereinabove set
forth.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby make the
following findings and determinations regarding said proposed Development Agreement:
Said Development 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
Applicant is proposing to modify the land use designations on the site from Low Density
Residential and Rural Residential/Agricultural to Estate Residential and Open Space; b) the
proposed 4 lot residential development is consistent with the proposed Estate Residential
and Open Space land use designations; c) 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; and d) the Development Agreement sets forth the rules to
which the Developer and the City will be subject during the development process, as
required by the Eastern Dublin Specific Plan and the Mitigation Monitoring Program of the
Eastern Dublin Specific Plan.
2. Said Development 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 Annexation into the City of Dublin and the Dublin San
Ramon Services District, General Plan Amendment, Specific Plan Amendment, Stage 1
and Stage 2 Planned Development Prezone and Vesting Tentative Map.
3. Said Development Agreement is in conformity with public convenience, general welfare,
and good land use practice in that the development, as proposed, will implement land use
guidelines set forth in the Eastern Dublin Specific Plan/General Plan.
4. Said Development 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.
Said Development 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.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend
that the City Council approve the Development Agreement, attached hereto and incorporated herein as
Exhibit B, between the City of Dublin and Hong Yao Lin and Hong Lien Lin.
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PASSED, APPROVED AND ADOPTED this 10th day of November 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G: IPA#12008IPA 08-045 Dublin Ranch North GPA Initiation Tianning CommissionTC Reso DA.DOC