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Home My WebLink AboutPCReso 95-06 PA94-054 Rec CC HansenRch DA Amd RESOLUTION NO. 95 - 06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF ORDINANCE APPROVING PA 94-054 HANSEN RANCH DEVELOPMENT AGREEMENT AMENDMENT FOR PA 91-099 HANSEN RANCH PROJECT DEVELOPMENT AGREEMENT WHEREAS, California Pacific Homes, Inc., requests approval of a Development Agreement Amendment to modify Conditions No. (a.) and (b.) of Subparagraph 5.3.2. of Exhibit "B" of City of Dublin Development Agreement for the Hansen Hill Ranch project. The proposed modification will allow for the creek access road referred to in this Condition to be constructed with the project phases, and will eliminate the requirement for an access road to be extended in a designated areas which is off of the project site. Amendments to the approved Tentative Map 5766 are also requested for Phase I (72 lots) of the 180 unit Hansen Ranch Subdivision; and WHEREAS, the Planning Commission did hold public hearings on said application on January 17, and February 6, 1995; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared pursuant to the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The proposed project will not have a significant effect on the environment; and WHEREAS, the StaffReport was submitted recommending that the Planning Commission recommend City Council approval of said Development Agreement; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: Said Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan in that a) the project approvals of said Agreement include a General Plan Amendment adopted specifically for the Hansen Hill Ranch project, and b) said Agreement furthers the affordable housing, parks, and open space policies of the General Plan; Said 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 a Planned Development Rezoning adopted specifically for the Hansen Hill Ranch Project; Said Agreement is in conformity with public convenience, general welfare and good land use practice in that said Agreement will provide public access to property that was previously private and not accessible, will provide funds for affordable housing which will improve general welfare, and will provide land use and access that are consistent and compatible with adjacent land use; Said Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the project's environmental impact report and mitigation measures; and Said Agreement will not adversely affect the orderly development of property or the preservation of property values in that the development will be consistent with the General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council approval of an Ordinance approving PA 94-054 Hansen Ranch Development Agreement Amendments as shown on Exhibit A, stamped approved and on file with the Dublin Planning Department and subject to the approval of the related Tentative Map Amendment and to the following conditions: CONDITIONS OF APPROVAL: This approval is for limited amendments to the Development Agreement approved by City Council Ordinance 5-92, concerning a Creek Access Road which will provide for creek maintenance, repair, and emergency vehicle access road along the south side of the creek, and will allow for construction of this road to occur in phases concurrent with the project, and also will eliminate a requirement for grading and rocking an area in which a creek access road was previously proposed to extend beyond the project boundary. The amendments will affect Condition (a.) and (b.) of Subparagraph 5.3.2 of Exhibit B of the Hansen Hill Ranch Development Agreement entered into on March 25, 1992. Except as specifically modified elsewhere in these conditions, development shall conform to the Conditions of Approval established by: City Council Resolution Nos. 20-89 and 21-89, approved February 27, 1989, pertaining to PA 87-045 Hansen Hill Ranch General Plan Amendment and Mitigation Monitoring Program for E1R; and City Council Resolution Nos. 128-89, 129-89 & 130-89, approved November 27, 1989, pertaining to PA 89-062 Hansen Hill Ranch Tentative Map, Prezoning, Annexation and Mitigation Monitoring Program for the Mitigated Negative Declaration. o Approval of this Development Agreement amendment is subject to the applicant securing approval from the City Council of the proposed Tentative Map Amendment for PA 94-054. Condition (a.) of Subparagraph 5.3.2 of Exhibit B of the Hansen Hill Ranch Development Agreement, entered into on March 25, 1992, is hereby modified to read as follows: "DEVELOPER shall construct an 12-foot wide access road (the "Access Road") over the Property along Martin Canyon Creek as described in Condition No. 76 to the CITY's approval of the Tentative Map for PA 89-062 ("Condition 76"), and as modified in various conditions of the City's approval of Tentative Map Amendment for PA 94-054. The width of the Access Road road may be reduced in some limited areas where needed for tree preservation, but the Access Road shall be no less than 8 feet wide in these limited segments. The Access Road, together with that portion of the Property lying between the fence to be constructed by Developer pursuant to Condition 76 and the northern boundary of the Property, shall be dedicated to the CITY for public access and maintenance purposes. The construction and dedication required by this paragraph shall occur either in two phases, concurrent with the two phases of project construction; or the entire length of the Access Road shall be constructed with Phase I of the project. At a minimum, that portion of the Access Road adjacent to and associated with Phase 1 shall be improved and dedicated to the City prior to occupancy of any units in Phase 1. When the creek area is dedicated to the city for maintenance of the public open space, the City will accept, and be responsible for maintaining the improved Access Road, and the open space and creek areas which are accessed from the Access Road. The City shall determine the acceptable level of maintenance to be provided by the City. Upon dedication, DEVELOPER shall be released from all liability for the maintenance of the property so dedicated." -2- Condition (b.) of Subparagraph 5.3.2 of Exhibit B of the Hansen Hill Ranch Development Agreement, entered into March 25, 1992, is hereby replaced by the following condition, to read as follows: "There shall be turn around improvements made at the ultimate west end of the creek Access Road referenced in Condition #4 above, which shall be aggregate base for maintenance vehicles and police patrol purposes. Temporary tumarounds shall be constructed if needed at the end of the Access Road in Phase I, subject to the determination of the Public Works Director." PASSED, APPROVED AND ADOPTED this 6th day of February, 1995. AYES: NOES: None ABSENT: Commissioner Rafanelli Commissioners Burnham, Geist, North and Zika ATTEST: 'ng D~rec[or~ Planning Commission Chairperson ~"~c-~-' C H,'q~ G:~PA#\ 1994\94054~PCRESODA.doc -3-