HomeMy WebLinkAboutPC Reso04-66 PA 03-058 Refer Jusid to CC Dublin Transit Ctr Site B2 SDR
RESOLUTION NO. 04-66
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL
APPROVAL OF SITE DEVELOPMENT REVIEW FOR P A 03-058
DUBLIN TRANSIT CENTER SITE B-2 (A V ALON BAY COMMUNITIES)
LOCA TED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND IRON HORSE
PARKWAY (APN 986-0001-011-00)
WHEREAS, the Applicant, Avalon Bay Communities, Inc., has requested approval of Site Development
Review for PA 03-058, Dublin Transit Center Site B-2, for the construction of a 305-unit apartment community
with 15,000± square feet of retail on approximately ±3.57 acres of land, located on a portion of Site B of the
Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and
Iron Horse Parkway; and
WHEREAS, the Applicant has submitted a complete application for Site Development Review for the
construction of a 305-unit apartment community and 15,000± square feet of ground floor retail which is available
and on file in the Planning Division; and
WHEREAS, a Master Development Agreement for the Dublin Transit Center project was adopted by
Ordinance 5-03 and requires that 10% of the units located on Site B be set aside for moderate income households;
and
WHEREAS, the Master Development Agreement requires that the project be in compliance with the
provisions of the City's Inclusionary Zoning Regulations in effect at the time of Site Development Review
approval; and
WHEREAS, the Applicant is proposing to provide 30 moderate-income units at between 80% and 120%
of the area median income in accordance with the terms of the Master Development Agreement and the City's
Inclusionary Zoning Regulations; and
WHEREAS, the Applicant has submitted project plans for the requested entitlement dated received
August 23, 2004; and
WHEREAS, the California Environmental Quality Act (CEQA), together with 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 the California Environmental Quality Act, Staff has recommended that the
project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the
Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified
by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a
determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and
WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.1-6 allows the Planning
Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications,
unique or unusual circumstances, or the magnitude of the project; and
WHEREAS, the Planning Commission is referring the approval, conditional approval, or denial of
application P A 03-058, related amendments, and time extensions of permits to the City Council; and
WHEREAS, the Planning Commission is also recommending City Council approval of said application;
and
WHEREAS, the Planning Commission did hold a public hearing on said project application on November
9,2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the project be
referred to the City Council for approval; and
WHEREAS, the draft City Council Resolution approving the Site B-2 project is attached as Exhibit A;
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
transfer the original hearing jurisdiction for Dublin Transit Center Site B-2, Avalon Bay Communities Site
Development Review to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance and also
recommends City Council approval of said project.
PASSED, APPROVED AND ADOPTED this 9th day of November 2004.
AYES:
Cm. Fasulkey, Nassar, King, and Machtmes
NOES:
ABSENT:
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Planning Manage·
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ABSTAIN:
ATTEST:
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