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HomeMy WebLinkAboutPCReso03-45 PA02-020/021 Rec CC Dublin Ranch Areas A-2 & A-3 DA RESOLUTION NO. 03 - 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT AGREEMENTS FOR PA 02-020 & 02-021 TOLL BROTHERS - DUBLIN RANCH AREAS A-2 & A-3 DEVELOPMENT AGREEMENT WHEREAS, Jon Paynter on behalf of Toll CA, L.P. has requested approval of two Development Agreements for the proposed Dublin Ranch Areas A-2 and A-3 located east of Tassajara Road adjacent to the future Fallon Road extension approximately 4.500 feet north of 1- 580. WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, this project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration was prepared for the entire project. The project will not have environmental effects, which were not examined in the Program EIR. No new effects will occur and therefore no revisions to the Program EIR are required. That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; and WHEREAS, the text of the Draft Development Agreements are attached to this resolution as Exhibits A & B; and WHEREAS, the Planning Commission did hold a public hearing on said application on September 9, 2003; and WHEREAS, proper notice of said public heating 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 Agreements; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Development Agreements: 1. Said Agreements are consistent with the objectives, policies, general land uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern ATTACHMENT 1 Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be Planned Development and that the Toll Brothers Dublin Ranch Area A-2 and A-3 are consistent with that designation; b) the projects are consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the Agreements set forth the rules the Developer and 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 Eastem Dublin Specific Plan. 2. Said Agreements are 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 Rezone and Site Development Review. 3. Said Agreements are in conformity with public convenience, general welfare and good land use practice in that the Toll Brothers Dublin Ranch Area A-2 and A-3 residential neighborhood project will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed. 4. Said Agreements will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreements and any Conditions of Approval for the Project; and 5. Said Agreements 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 Eastern Dublin Specific Plan/General Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Development Agreements between Toll CA, L.P. and the City of Dublin for PA 02-020 and 02-021 Toll Brothers, Dublin Ranch Area A-2 and A-3. PASSED, APPROVED AND ADOPTED this 9th day of September 2003 AYES: Cm. Fasulkey, Jennings, King and Machtmes NOES: ABSENT: ABSTAIN: Cm. Nassar ATTEST: Planning l~[an~er GSPAgL2002\02-020 Dublin Ranch A2LPC reso dcv agr A2 - A3.doc