HomeMy WebLinkAbout8.1 Attch 5 PCResoToAdoptCCOrdAppr'vgAgmtRESOLUTION NO. 12 - 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
A 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE
(APN 985-0052-021)
PLPA-2011-00039
WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications fora 3-
acre site located along the west side of Brannigan Street north of Gleason Drive ("Project Site").
The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to
change the land use from its current designation of Public/Semi-Public to Medium Density
Residential; 2) Planned Development rezoning with related Stage 1 Development Plan
Amendment and new Stage 2 Development Plan; 3) Site Development Review (SDR) to
construct 19 single-family detached homes; 4) Vesting Tentative Tract Map 8093 to create 19
residential lots; and 5) Development Agreement. The Project Site and the applications are
collectively known as the "Project," and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area; and
WHEREAS, Development Agreements are required as an implementing measure of the
Eastern Dublin Specific Plan; and
WHEREAS, a CEQA Addendum to prior environmental review documents has been
prepared pursuant to the California Environmental Quality Act (CEQA} and the CEQA
Guidelines; and
WHEREAS, on March 27, 2012, the Planning Commission held a public hearing on the
Project, including the Development Agreement, and recommended that the City Council adopt
the CEQA Addendum, adopt General Plan and Eastern Dublin Specific Plan Amendments for
the project as stated above from Public/Semi-Public to Medium Density Residential, and
recommended that the City Council adopt a Planned Development (PD) rezoning with related
Stage 1 Development Plan amendment and new Stage 2 Development Plan to guide
development of the proposed residential project; and
WHEREAS, a proposed Ordinance to adopt a Development Agreement and the text of
the draft Development Agreement ("Agreement") are attached to this Resolution as Exhibit A;
and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, the Staff Report was submitted recommending that the Planning
Commission recommend that the City Council approve the Development Agreement; and
ATTACHMENT 5
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered the CEQA Addendum and prior CEQA documents, all said reports,
recommendations, and testimony prior to taking any action on the Project.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the draft 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 Agreement
addresses a Medium Density Residential subdivision on the Project site consistent with the
proposed General Plan and Eastern Dublin Specific Plan land use designations; b) the project
is consistent with the fiscal policies in relation to the provision of infrastructure and public
services of the City's General Plan and Eastern Dublin Specific Plan; and c) the Agreement sets
forth the rules the Applicant and the 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 Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the property is located and consistent with the
approvals for the Project.
3. The Agreement is in conformity with public convenience, general welfare and
good land use practice in that the Applicant's project will implement land uses and policies set
forth in the General Plan and Eastern Dublin Specific Plan for Eastern Dublin generally and the
Project site specifically.
4. The Agreement will not be detrimental to the health, safety and general welfare in
that the development will proceed in accordance with the applicable Planned Development
zoning, 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 General Plan and Eastern Dublin Specific Plan.
NOW, THEREFORE, 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 Lennar Homes of California, Inc. for
the Lennar Brannigan Project (PLPA-2011-00039), which documents are attached as Exhibit A
to this resolution and are incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 27th day of March of 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
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Planning Commission Chair
ATTEST:
Planning Manager
G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIKiYs DOC commentslpc reso recommending da for
brannigan lennar.DOC
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