HomeMy WebLinkAbout8.1 Attch 3 PC Reso recommend CC Ord RESOLUTION NO. 15-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBLIN AND DUBLIN CROSSING VENTURE LLC RELATED TO THE
DUBLIN CROSSING PROJECT
PLPA-2015-00016
(APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
WHEREAS, the Dublin Crossing Specific Plan (DCSP) project area is approximately
189 acres in size and is generally bound by 5t" Street to the north, Scarlett Drive to the
west, Dublin Boulevard to the south, and Arnold Road to the east; and
WHEREAS, on November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project, which included the 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, on March 17, 2015, the City Council directed Staff to prepare Amendment
No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture
LLC related to the Dublin Crossing Project that would accompany proposed amendments to the
General Plan, Dublin Crossing Specific Plan, and Eastern Dublin Specific Plan; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, an Addendum, dated April 21,
2015, incorporated herein by reference, was prepared, which describes the proposed
amendments to the Dublin Crossing Specific Plan, General Plan, and the Eastern Dublin
Specific Plan, the Amendment No. 1 to the Dublin Crossing Development Agreement and its
relation to the analysis in the Dublin Crossing EIR; and
WHEREAS, the proposed Development Agreement is attached to this Resolution as
Exhibit A-1; and
WHEREAS, on May 12, 2015, 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
ATTACHMENT 3
WHEREAS, the Staff Report was submitted recommending that the Planning
Commission recommend that the City Council adopt an Ordinance approving Amendment No. 1
to 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 Amendment No. 1 to the Development Agreement:
1. Amendment No. 1 to 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, as amended, in that: (a) Amendment
No. 1 to 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. Amendment No. 1 to 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 Amendment No. 1 to the Development Agreement does not amend the uses
or regulations in the applicable land use district.
3. Amendment No. 1 to 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 amended.
4. Amendment No. 1 to 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, as amended, and future Project Approvals and any Conditions of Approval.
5. Amendment No. 1 to 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, as amended, and future
Project Approvals.
6. Amendment No. 1 to the Development Agreement does not change 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 original Development Agreement continues to contain 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
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Exhibit A-1, approving Amendment No. 1 to the Development Agreement between the City of
Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project.
PASSED, APPROVED AND ADOPTED this 12th day of May 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
G:IPA120151PLPA-2015-00016 Dublin Crossing GPA-SPA15.12.15 PC MtglAtt 3-PC Reso DA.docx
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