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HomeMy WebLinkAboutPC Reso 13-35 Dublin Crossing DA rec to CC RESOLUTION NO. 13 - 35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATING TO THE DUBLIN CROSSING PROJECT PA 08-049 WHEREAS, a request has been made by the Dublin Crossing Venture LLC (SunCal Companies) ("Applicant") to enter into a Development Agreement with the City of Dublin for the property known as the Dublin Crossing Project site, which includes properties identified by Assessor Parcel Numbers 986-0001-001-15 (partial), 986-0034-002-00, and 986-0034-006-00, an approximately 189 acre site; and; and WHEREAS, The Applicant is proposing to obtain approvals for a development project that includes demolition of the existing buildings and other improvements on the site and construction of a residential mixed-use project with up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5 acre Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students; and WHEREAS, The project is located within the proposed Dublin Crossing Specific Plan area, which is the subject of an Environmental Impact Report (EIR), State Clearinghouse number 2012062009. On October 22, 2013, the Planning Commission approved Resolution No. 13-32, recommending that the City Council certify the Dublin Crossing Specific Plan Final EIR and adopt CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project. The Development Agreement was part of the Project analyzed in the EIR and the impacts of the activities under the Development Agreement were analyzed in the EIR; and WHEREAS, the proposed Development Agreement is attached to this Resolution as Exhibit A-1; and WHEREAS, on October 22, 2013, the Planning Commission held a public hearing on the proposed Development Agreement; and WHEREAS, proper notice of the 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 adopt an Ordinance approving the 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 Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, and in the Dublin Crossing Specific Plan in that: (a) the Development Agreement incorporates the objectives policies, general land uses and programs in the General Plan and Specific Plan and does not amend or modify them; and (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services. 2. The 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 because the Development Agreement does not amend the uses or regulations in the applicable land use district. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Dublin Crossing Specific Plan and the General Plan as articulated in Resolution No. xx-xx, amending the General Plan and adopting the Dublin Crossing Specific Plan, adopted by the City Council on , 2013. 4. The Development Agreement will not be detrimental to the health, safety, and general welfare in that the Developer's proposed project will proceed in accordance with all the programs and policies of the General Plan, Dublin Crossing Specific Plan, and future Project Approvals and any Conditions of Approval. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan, the Dublin Crossing Specific Plan, and future Project Approvals. 6. The Development Agreement specifies the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement contains an indemnity and insurance clause requiring the developer to indemnify and hold the City harmless against claims arising out of the development process, including all legal fees and costs. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance, attached as Exhibit A, approving the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project. PASSED, APPROVED AND ADOPTED this 22nd day of October 2013. AYES: O'Keefe, Bhuthimethee, Do, Goel, Kohli NOES: ABSENT: ABSTAIN: Page 2 of 3 P nn g Commission Chairperson ATTEST: Assists t mmunity Development Director G:IPA#120081PA 08-049 Camp Parks Dublin Crossing12011 Restart1PC Mtg 10.22.20131PC Att 7-Reso DA.docx Page 3 of 3