HomeMy WebLinkAbout8.3 Attch 7 ResoToAdoptOrdDAforDubStation
RESOLUTION NO. 10 - 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 STATION, SITE C, DUBLIN TRANSIT CENTER, AVALON BAY COMMUNITIES
PA 06-060
WHEREAS, a request has been made by Avalon Bay Communities, ("ApplicanY') for
approval of a Development Agreement for the property known as Dublin Station, Site C,
Dublin Transit Center, an area of approximately 7.21 acres (PA 06-060); and
WHEREAS, Development Agreements are required as an implementing measure of the
Eastern Dublin Specific Plan; and
WHEREAS, Site C within the Dublin Transit Center (PA 06-060) is in the Eastern Dublin
Specific Plan Area; and
WHEREAS, the project site generally is located north of the East Dublin BART Station,
east of Iron Horse Trail, generally west of Iron Horse Parkway, and immediately south of
Campbell Green within the previously approved Dublin Transit Center; and
WHEREAS, the Dublin Transit Center project (PA 00-013) was approved by the City
Council on December 3, 2002, by Ordinance 21-02 adopting a PD-Stage 1 Planned
Development. The Stage 1 Planned Development Rezone provided for various land uses
including the development of 1,500 units; and
WHEREAS, the Applicant has applied for a Stage 1 Development Plan amendment and
Stage 2 Development Plan in accordance with Dublin Zoning Ordinance, Section 8.32; and
WHEREAS, the Applicant has applied for Site Development Review and Vesting
Tentative Tract Map to develop 486 units, 11,582 square feet of retail/commercial use and
leasing and amenity space on Site C of the Dublin Transit Center; and
WHEREAS, the complete application submitted is available and on file in the Community
Development Department; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, 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 proposes to transfer 78 units from Dublin Transit Center Site A and 3
units from Site B to Site C. The sites are designated High Density Residential and have been
planned for intensive urban residential development in the General Plan and Eastern Dublin
Specific Plan. The Project is within the scope of the Final Environmental Impact Report for the
1 ATTACHMENT 7
Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395)
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 substantial changes to the
project or its circumstances, and no substantial new information that would require preparation
of a Supplemental EIR; and
WHEREAS, the proposed Development Agreement is attached to this resolution as
Exhibit A to the Ordinance; and
WHEREAS, the Planning Commission did hold a public hearing on the application on
September 14, 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 prior certified EIR, 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 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 High Density
Residential, 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 Programs of the Dublin Transit
Center EIR.
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 Planned Development Rezone, Site Development Review, and Vesting
Tentative Map.
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.
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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 Development
Agreement between the City of Dublin and Avalon Bay Communities for the Dublin Station, Site
C, Dublin Transit Center project (PA 06-060) which is included in Exhibit A and the
Development Agreement is attached as Exhibit B.
PASSED, APPROVED AND ADOPTED this 14th day of September 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
1509379
G:IPA#12006106-060 Dublin Transit Center Site CIPC Mtg 8.10.101PC Reso-DA Avalon Bay.doc
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