HomeMy WebLinkAbout8.2 Attch 3 Reso apprvovingAmend.DevAgmtRESOLUTION NO. 10 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR
SORRENTO EAST AT DUBLIN RANCH (DUBLIN RANCH AREA F EAST)
PA 08-002
WHEREAS, a request has been made by SR Structured Lot Options I, LLC (Regent
Properties) ("Applicant") for approval of an amended Development Agreement for the property
known as Sorrento East at Dublin Ranch (Dublin Ranch Area F East), an area of approximately
68 acres (PA 08-002); and
WHEREAS, the Applicants are principals of SR Structured Lot Options I, LLC (Regent
Properties) a limited liability corporation ("Developer") and party to the Development Agreement;
and
WHEREAS, Development Agreements are required as an implementing measure of the
Eastern Dublin Specific Plan; and
WHEREAS, the project site is in Eastern Dublin for which the City adopted the 1993
Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive
planning framework for future development of the area. In connection with this approval, the
City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH No.
91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter "Eastern
Dublin EIR" or "program EIR") that is available for review in the City Planning Department and
is incorporated herein by reference. The program EIR was integral to the planning process
and examined the direct and indirect effects, cumulative impacts, broad policy alternatives,
and area-wide mitigation measures for developing Eastern Dublin; and
WHEREAS, the program EIR also identified some impacts resulting from
implementation that could not be mitigated, and the City adopted a statement of overriding
considerations for such impacts. The City also adopted a mitigation monitoring program,
which included a series of measures intended to reduce impacts from the implementation of
the plan; and
WHEREAS, the City Council approved a Mitigated Negative Declaration on February 15,
2000 (Resolution 34-00, incorporated herein by reference) for development in Dublin Ranch
Area F; and
WHEREAS, the City Council, on March 11, 2004, (Resolution 43-04) adopted CEQA
Addendum documentation that the impacts associated with the reallocation of uses approved
as General Plan and Eastern Dublin Specific Plan Amendments (City Council Resolution 47-04)
were adequately addressed in the prior EDEIR and 2000 MND and that no further
environmental review was necessary; and
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Attachment 3
WHEREAS, on October 4, 2005 the City Council approved Ordinance 24-05 revising a
previous PD-Stage 1 Development Plan and adopting a PD-Stage 2 Development Plan for the
Sorrento East and West residential development. Site Development Review, a Master Vesting
Tentative Map and individual neighborhood Vesting Tentative Maps were also approved; and
WHEREAS, on October 2, 2007, the City Council adopted a Development Agreement for
the Sorrento East portion of the 2005 project; and
WHEREAS, the Applicant requests to amend the 2007 Development Agreement for
Sorrento East and has submitted companion applications to amend the applicable PD-Stage 1
and Stage 2 Development Plans, and other approvals for the Sorrento East site; and
WHEREAS, on March 9, 2010, the Planning Commission adopted Resolution 10-06,
incorporated herein by reference, recommending that the City Council adopt an Addendum to
the EDEIR and 2000 Area F MND; and
WHEREAS, the previously adopted mitigation monitoring programs and all adopted
mitigation measures continue to apply to the project area; and
WHEREAS, the text of the amended Development Agreement is attached to this
resolution as Exhibit B to the Ordinance; and
WHEREAS, the Planning Commission did hold a public hearing on the application on
March 9, 2010; and
WHEREAS, proper notice of the public hearing was given in all respects as required by
law; and
WHEREAS, a 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 the Addendum and prior EIR and MND, and 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 the amended
Development Agreement:
1. The 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 Medium Density
Residential and Neighborhood Park and that the Developer'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 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 EIR.
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2. The Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located in that the project
approvals include amended Planned Development Rezone, Site Development Review and
Vesting Tentative Maps.
3. The Agreement is in conformity with public convenience, general welfare and
good land use practice in that the Developer's project will implement land use guidelines set
forth in the Eastern Dublin Specific Plan/General Plan.
4. The 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. The 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 City of Dublin Planning Commission does
hereby recommend that the City Council adopt an ordinance approving the amended
Development Agreement between the City of Dublin and SR Structured Lot Options I, LLC
(Regent Properties) for the Sorrento East project (PA 08-002) which is included in Exhibit A.
PASSED, APPROVED AND ADOPTED this 9th day of March, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Manager
1381094
Planning Commission Chairperson
GAPA#120081PA 08-002 Regents Land Inv Sorrento EastlPlanning Commissionlpc reso recommending da ordinance for somento east DOC
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