HomeMy WebLinkAbout8.1 Attch 4 PA 07-006 ResoApprovingAmendment
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 NO. 2 TO THE MASTER DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH PROJECT
(AREAS A, B, C, D, E, F, G AND H)
PA 07-006
WHEREAS, Jim Tong on behalf of the Lin Family submitted appiications for a 496,519
square foot project on approximately 25.33 acres between Interstate 580 and Dublin Boulevard,
east of Grafton Street ("the Project"); and
WHEREAS, in April 2010, the Planning Commission adopted Resolutions 10-15, 10-16
and 10-17 recommending that the City Council adopt a Mitigated Negative Declaration, amend
the General Plan and Eastern Dublin Specific Plan and approve a Planned Development
Rezone with a related Stage 1 Development Plan for the Project; and
WHEREAS, in May 2010, the City Council adopted Resolutions 75-10 and 76-10
adopting a Mitigated Negative Declaration, Statement of Overriding Considerations, and
Mitigation Monitoring and Report Program and approving amendments to the General Plan and
Eastern Dublin Specific Plan for the Grafton Plaza project site; and
WHEREAS, in June 2010, the City Council adopted Ordinance 10-10 approving a PD -
Planned Development Rezone and related Stage 1 Development Plan for the Grafton Plaza
project site; and
WHEREAS, the Eastern Dublin Specific Plan requires the developer to enter into
Development Agreements as a condition of development; and
WHEREAS, the Master Development Agreement between the City of Dublin and the Lin
Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) entitles the parties to the
Agreement to enter into subsequent amendments to incorporate changes made to the General
Plan, Eastern Dublin Specific Plan, and zoning into the vested rights granted by the
Development Agreement; 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, the Project is located within the Eastern Dublin Specific Plan area, which
was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment
and Eastern Dublin Specific Plan (SCH # 91103064), certified by City Council Resolution 51-
93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In
February 2000, the City Council adopted a Mitigated Negative Declaration for a General Plan
Amendment, Eastern Dublin Specific Plan Amendment and Stage 1 Development Rezone for
Area H. In May 2010, the City Council adopted a Mitigated Negative Declaration, a Statement
ATTACHMENT 4
of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the
Grafton Plaza project. The project assessed in the 2010 MND includes amendments to the
General Plan and Eastern Dublin Specific Plan and rezoning to the Planned Development
(PD), with the related Stage 1 Development Plan and the Development Agreement. No further
environmental review is needed for the current application because the environmental
impacts of this project were fully addressed and within the scope of the final EIR for the
Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addenda, the 2000
Mitigated Negative Declaration and the 2010 Mitigated Negative Declaration; and
WHEREAS, the Planning Commission did hold a public hearing on a proposed
Amendment No. 2 to the Master Development Agreement between the City of Dublin and the
Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) ("the AmendmenY');
and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted to the Planning Commission analyzing the
Amendment and recommending that the Planning Commission recommend that the City
Council adopt an Ordinance approving the Amendment; and
WHEREAS, the Planning Commission did hear and use its independent judgment and
considered 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:
1. The AmendmenYs provisions reflect the changes approved in the 2010 Approvals
and do not make any other changes to the Master Development Agreement between the City of
Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H).
2. The Amendment is consistent with the objectives, policies, land uses and
programs specified and contained in the City's General Plan and Eastern Dublin Specific Plan
in that (a) the project, as approved by the 2010 Approvals, is consistent with the existing flex
land use designation of the site (Mixed Use 2/Campus Office), (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; and (c) the Amendment includes provisions relating
to vesting of development rights, and similar provisions set forth in the Specific Plan for Grafton
Plaza.
3. The Amendment 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 as
approved by the 2010 Approvals, includes a General Plan Amendment, Eastern Dubiin Specific
Plan Amendment and a Planned Development Rezone with a Stage 1 Development Plan for
the Grafton Plaza project site.
4. The Amendment is in conformity with public convenience, general welfare and
good land use policies in that the Project, as approved by the 2010 Approvals, will implement
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land use guidelines set forth in the General Plan and the Eastern Dublin Specific Plan, which
have planned for a mix of residential, commercial and office uses at this location.
5. The Amendment will not be detrimental to the health, safety and general welfare
in that the Project, as approved by the 2010 Approvals, will proceed in accordance with all the
programs and policies of the Eastern Dublin Specific Plan.
6. The Amendment will not adversely affect the orderly development of property or
the preservation of property values in that the Project, as approved by the 2010 Approvals, will
be consistent with the General Plan and with the Specific Plan.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance approving Amendment No. 2 to the
Master Development Agreement between the City of Dublin and the Lin Family for the Dublin
Ranch Project (Areas A, B, C, D, E, F, G and H) attached hereto and incorporated herein as
Exhibit A.
PASSED, APPROVED AND ADOPTED this 12th day of October 2010 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IPA#1200 710 7-00 6 The PlazalPC Meeting 10.12.101PC Reso DA.DOC
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