HomeMy WebLinkAboutPC Reso04-21 PA02-048 Rec CC Tassajara Creek Ph III DA RESOLUTION NO. 04 - 21
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT AGREEMENT
FOR PA 02-048 GHC ROXBURY, LLC - TASSAJARA CREEK PHASE III DEVELOPMENT
AGREEMENT
WHEREAS, Pat Constanza on behalf of GHC Roxbury, LLC has requested approval of a
Development Agreement for the proposed Tassajara Creek Phase III Residential Development located
west of Tassajara Road west of Tassajara Creek and north of the Casterson Property; and
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 development of the Greenbriar Land Company Tassajara Creek Residential Project (SCH
99102104) consisting of five phases (PA98-062). An Addendum was prepared for Phase III and V of the
project and the City Council adopted on December 2, 2003 stating that the project will not have
environmental effects, which were not examined in the Program EIR and the Mitigated Negative
Declaration. The City Council adopted a Statement of Overriding Considerations for the Project consistent
with the Program EIR; and
A; and
WHEREAS, the text of the Draft Development Agreement is attached to this resolution as Exhibit
WHEREAS, the Planning Commission did hold a public hearing on said application on March 23,
2004; and
WHEREAS, proper notice of said 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 approve the Development Agreement; 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 Agreement:
1. Said Agreement is consistent with the objectives, policies, general land uses and programs
specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastem Dublin Specific
Plan/General Plan land use designation for the subject site is proposed to be Planned Development and
that the Greenbriar Tassajara Creek Phases III residential development is consistent with that designation;
b) the project is 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 Agreement sets 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 Eastern Dublin Specific Plan.
2. Said Agreement is 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 Agreement is in conformity with public convenience, general welfare and good land
use practice in that the Greenbriar Tassajara Creek Phase III residential neighborhood project will
implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed.
4. Said Agreement will not be detrimental to the health, safety and general welfare in that the
development will proceed in accordance with the Agreement and any Conditions of Approval for the
Project.
5. Said Agreement 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 Agreement between
GHC Roxbury, LLC and the City of Dublin for PA 02-048 Greenbriar Tassajara Creek Phase III.
PASSED, APPROVED AND ADOPTED this 23rd day of March of 2004
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
GSPA#X2002\02-048 Greenbriar\PC reso der agr GHCPhaselll.doc
~lannin~rfltm~st~i''~ Cha~~~