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HomeMy WebLinkAbout8.1 Attch 2 PC Reso Amd 1 to DA RESOLUTION NO. 10 - xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENT 1 TO THE DEVELOPMENT AGREEMENT FOR THE DUBLIN TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN STATION) APN 986-0034-011-00 PA 09-002 WHEREAS, a request has been made by Western Pacific Housing (doing business as D. R. Horton) ("Applicant") for approval of Amendment 1 to the Development Agreement for the property known as Dublin Transit Center Site E-1, an area of approximately 4.13 acres located the southeast corner of Dublin Boulevard and Iron Horse Parkway (PA 09-002); and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, a Master Development Agreement for the Dublin Transit Center was adopted by Ordinance 5-03 in May 2003. The Master Development Agreement was then later amended by Ordinance 25-05, which set forth affordable housing obligations in the project area; and WHEREAS, the Applicant is party to the original Transit Center Site E-1 Development Agreement, which was adopted by Ordinance 5-06 in March 2006; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and ~ WHEREAS, pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the Applicant requests to amend the March 2006 Development Agreement for Dublin Transit Center Site E-1; and WHEREAS, the text of Amendment 1 to the Development Agreement is attached to this resolution as Exhibit A-1 to the accompanying City Council Ordinance; and WHEREAS, the Planning Commission did hold a public hearing on the application on September 14, 2010; and 1 ATTACHMENT 2 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 Amendment 1 to the Development Agreement; and WHEREAS, the Planning Commission considered the CEQA exemption, prior related environmental documents, and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations regarding Amendment 1 to the Development Agreement for the Dublin Transit Center Site E-1: 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 proposed to be Planned Development and that the proposed Site E-1 residential development 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 Specific Plan. 2. The Agreemenf is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which fhe real property is locafed 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 fhat the Developer's project will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan and the Dublin Transit Center Stage 1 Development 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 Agreemenf 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, for the reasons set forth in the findings in the attached draft Ordinance, recommends that the City Council approve the Ordinance attached as Exhibit A and incorporated herein by reference, which Ordinance adopts Amendment 1 to the Development Agreement for the Dublin Transit Center Site E-1 (PA 09-002). Page 2 of 3 PASSED, APPROVED AND ADOPTED this 14th day of September, 2010. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager . G:IPA#120091PA 09-002 Site E-11PC 09 14 20101PC Att 2- Reso DA.DOC Page 3 of 3