HomeMy WebLinkAbout8.2 Attch 1 Reso to Adopt Ord RESOLUTION NO. 12-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING A COMMUNITY BENEFIT/DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN AND DIAMOND HEIGHTS INVESTMENTS IV, LLC. FOR A
MIXED-USE RETAIL/RESIDENTIAL PROJECT
PLPA-2012-00060
WHEREAS, a request has been made by the Kingsmill Group/Diamond Heights
Investments ("Applicant") to enter into a Community Benefit/Development Agreement with the
City of Dublin for the property known as the former Crown Chevrolet site, comprised of APNs
941-1500-015-09 and 941-1500-032-02, a 6.34-acre site; and
WHEREAS, the project is located within the Downtown Dublin Specific Plan area; and
WHEREAS, the Kingsmill Group/Diamond Heights Investments is proposing to construct
314 residential units with 17,000 square feet of commercial/retail space on a 4.9-acre site and a
76-unit affordable housing project with preference for households with military veterans on a
1.37-acre site within the Downtown Dublin Specific Plan area; and
WHEREAS, the Applicant is requesting approval of a Community Benefit/Development
Agreement in advance of the consideration of project approvals in order to meet upcoming
funding cycles for affordable housing at the State; and
WHEREAS, the project is located within the Downtown Dublin Specific Plan area,
which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number
20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council
Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental
Quality Act (CEQA) Guidelines section 15168, the Community Benefit/Development
Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further
CEQA review or document is required. A Community Benefit Agreement/Development
Agreement to allocate residential development is authorized under the DDSP. The
environmental impacts of the residential development authorized by such an allocation were
analyzed in the Specific Plan EIR. There is no substantial evidence in the record that any of
the conditions triggering supplemental environmental review under CEQA Guidelines section
15162 exists; and
WHEREAS, the proposed Community Benefit/Development Agreement is attached to
this Resolution as Attachment 1 to Exhibit A; and
WHEREAS, on November 13, 2012, the Planning Commission held a public hearing on
the proposed Community Benefit/Development Agreement; and
WHEREAS, proper notice of the public hearing was given in all respects as required by
law; and
ATTACHMENT 1
WHEREAS, the Staff Report was submitted recommending that the Planning
Commission recommend that the City Council adopt an Ordinance approving the Community
Benefit/Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby recommend that the City Council make the following findings and determinations
regarding the proposed Development Agreement:
1. The proposed Community Benefit/Development Agreement is consistent with the
objectives, policies, general land uses and programs specified in the General Plan and
Downtown Dublin Specific Plan in that: a) the General Plan and Downtown Dublin Specific Plan
land use designation for the subject site is Downtown Dublin — Transit Oriented District and is
consistent with those designations; and b) the project is consistent with the fiscal policies in
relation to provision of infrastructure and public services of the City's Downtown Dublin Specific
Plan/General Plan.
2. The proposed Community Benefit/Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for, the land use districts in which the real
property is located.
3. The proposed Community Benefit/Development Agreement is in conformity with
public convenience, general welfare, and good land use practice in that the Applicant's
proposed project will implement land use guidelines set forth in the Downtown Dublin Specific
Plan/General Plan.
4. The proposed Community Benefit/Development Agreement will not be detrimental
to the health, safety, and general welfare in that the development will proceed in accordance
with the General Plan, Downtown Dublin Specific Plan, Project Approvals, and any Conditions
of Approval for the proposed project.
5. The proposed Community Benefit/Development 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, Downtown Dublin Specific
Plan, and future Project Approvals.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning
Commission does hereby recommend that the City Council adopt the Ordinance, included as
Exhibit A, approving the Community Benefit/Development Agreement between the City of
Dublin and Diamond Heights Investments for the Mixed-Use Retail/Residential project at the
former Crown Chevrolet site in Downtown Dublin.
PASSED, APPROVED AND ADOPTED this 13th day of November 2012.
AYES:
NOES:
ABSENT:
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ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
G:IPA#120121PLPA-2012-00060 f fngsmill Mixed Use SDRIDevelopment AgreemenWC Reso DA 11-13-2012.doc
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