HomeMy WebLinkAbout8.2 Attch 6 PC Reso for CC Ord appr'v DA RESOLUTION NO. 14-xx
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
STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY LLC RELATING TO
THE GREEN MIXED USE PROJECT
PLPA-2013-00013
(APNS 986-0033-004-00, 986-0033-005-00, 986-0033-006-00)
WHEREAS, a request has been made by Stockbridge/BHV Emerald Place Land
Company LLC ("Applicant") to enter into a Development Agreement with the City of Dublin for
the property known as The Green Mixed Use Project site, which includes properties identified
by Assessor Parcel Numbers 986-0033-004-00, 986-0033-005-00, and 986-0033-006-00,
encompassing approximately 27.5 acres; and
WHEREAS, the Applicant is proposing to obtain approvals for a development project that
includes the construction of six residential neighborhoods with 372 units in multiple buildings
and a complementary commercial district with approximately 37,000 square feet of future retail
and restaurant buildings with associated outdoor seating areas and a full range of site
improvements; and
WHEREAS, the project is the subject of a Supplemental Environmental Impact Report
(SEIR), State Clearinghouse No. 2013072032. On August 26, 2014, the Planning Commission
approved Resolution 14-xx, recommending that the City Council certify the Final SEIR for the
project, 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 SEIR and the impacts of the activities under the Development
Agreement were analyzed in the SEIR; and
WHEREAS, the proposed Development Agreement is attached to this Resolution as
Exhibit A-1; and
WHEREAS, on August 26, 2014, 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:
Attachment 6
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 Eastern
Dublin Specific Plan in that: (a) the Development Agreement incorporates the objectives,
policies, general land uses and programs in the General Plan and Specific Plan (as amended);
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 Eastern Dublin Specific Plan and the General Plan as articulated in
Resolution No. xx-14, amending the Eastern Dublin Specific Plan, adopted by the City Council
on , 2014.
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, Eastern Dublin Specific Plan, and future Project
Approvals and 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 (as amended), the Eastern Dublin Specific Plan (as amended), 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
Stockbridge/BHV Emerald Place Land Company LLC related to The Green Mixed Use Project.
PASSED, APPROVED AND ADOPTED this 26"d day of August 2014.
AYES:
NOES:
ABSENT:
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ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
G:VW2013WLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.141Att 6-PC Reso DA.docx
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