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HomeMy WebLinkAbout8.4 Attch 2 PC Reso recommend. Amendments to CC RESOLUTION 12-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND THE EASTERN DUBLIN SPECIFIC PLAN TO ELIMINATE THE REQUIREMENT FOR DEVELOPMENT AGREEMENTS AND RELATED FINANCING PLANS AND INFRASTRUCTURE SEQUENCING PROGRAMS WHEREAS, the specific plan amendment will remove development agreements, and related financing plans and infrastructure sequencing programs, from the Eastern Dublin Specific Plan (EDSP) implementation requirements (hereafter, "Project"). All development in the Eastern Dublin Specific Plan area will continue to be subject to previously adopted EIRs and other CEQA reviews and mitigation measures, EDSP development policies and standards, zoning and development review, and all applicable subdivision and development ordinances; and WHEREAS, originally intended to ensure that infrastructure would be guaranteed as development proceeded in Eastern Dublin, the requirement for development agreements is no longer needed for that purpose and also constrains the City's ability to negotiate voluntary agreements that provide certainty to developers in exchange for community benefits; and WHEREAS, a Planning Commission Staff Report, dated November 13, 2012 and incorporated herein by reference, described and analyzed the Project; and WHEREAS, the Planning Commission considered the Staff Report and all written and oral testimony submitted at a noticed public hearing on November 13, 2012, at which time all interested parties had the opportunity to be heard. 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 Planning Commission recommends that the City Council find the Project exempt under the general rule in California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) that CEQA does not apply where it can be seen with certainty that there is no possibility for a significant effect on the environment. There is no such possibility for the Project since all previously adopted EIRs and other CEQA reviews and mitigation measures, EDSP development policies and standards, zoning and development review, and all applicable subdivision and development ordinances, including payment of impact fees, would continue to apply to development projects to ensure they are supported by needed infrastructure and public utilities. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt the resolution attached as Exhibit A and incorporated herein by reference. 1 ATTACHMENT 2 PASSED, APPROVED AND ADOPTED this 13th day of November, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 1978205.2 2