HomeMy WebLinkAboutPC Reso05-31 Dublin Ranch Areas A,B,C,D,E,F,G,H Master DA Amendment
RESOLUTION NO. 05 - 31
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING
THE MASTER DEVELOPMENT AGREEMENT (P A 05-023) FOR THE
DUBLIN RANCH PROJECT (AREAS A, B, C, D, E, F, G AND H
WHEREAS, a Master Development Agreement for The Dublin Ranch Project (Areas A, B, C, D,
E, F, G and H) was approved by the City Council and signed on June 29, 1999 by Ordinance No. 16-99
and was recorded on July 8, 1999 as instrument No. 99251790 in the Official Records of the Alameda
County Clerk-Recorder. Effective date of the Development Agreement is June 29, 1999; and
WHEREAS, James Tong on behalf of the Developer has requested an Amendment to the
Development Agreement ("Amendment") to update, clarify, and memorialize compliance with certain
term and conditions of the Development Agreement. The Developer is identified in the Master
Development Agreement as the Lin Family - Chang Su-O (aka Jennifer) Lin, Hong Lien (aka Frederic or
Frederich) Lin, and Hong Yao (aka Kevin) Lin.; and
WHEREAS, Pursuant to the California Environmental Quality Act, Staff has prepared an Initial
Study and determined that the proposed Amendment is within the scope and determination applicable to
the Development Agreement when previously approved and that no additional impacts would result :trom
its approval. The environmental impacts of the previously approved Development Agreement were
addressed by the Final Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan
(SCG#91-l03064), including all Supplements and Addenda; and
WHEREAS, the text of the proposed Amendment is attached to this resolution as Exhibit A; and
WHEREAS, the Planning Commission did hold a public hearing on the proposed Amendment on
May 24,2005; 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 proposed Amendment; 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 Amendment to the
Development Agreement:
1. The proposed Amendment is consistent with the objectives, policies, general land uses, and
programs specified in the Eastern Dublin Specific Plan/General Plan in that it: a) is
consistent with the Eastern Dublin Specific Plan/General Plan; b) is consistent with the
fiscal policies in relation to provision of in:trastructure and public services of the City's
Eastern Dublin Specific Plan/General Plan; and c) updates the terms and conditions the
Developer and City have agreed upon during the development process as required by the
Eastern Dublin Specific Plan and the Mitigation Monitoring Program of the Eastern Dublin
Specific Plan.
2. The proposed Amendment is compatible with the uses authorized in, and the regulations
prescribed for: a) the land use districts in which the project is located, b) the Planned
Development zoning approved previously, c) the applicable Site Development Reviews,
and d) the existing applicable subdivision maps.
3. The proposed Amendment is in conformity with public convenience, general welfare, and
land use planning that will implement the Eastern Dublin Specific Plan/General Plan, as
adopted.
4. The proposed Amendment will not be detrimental to the health, safety, and general welfare
in that the development will proceed in accordance with the Development Agreement and
all Conditions of Approval for the Project.
5. The proposed Amendment 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 Amendment to the Development
Agreement between the City of Dublin and Developer - the Lin Family, including Chang Su-O (aka
Jenifer) Lin, Hong Lien (aka Frederic or Frederich) Lin, and Hong Yao (aka Kevin) Lin.
PASSED, APPROVED AND ADOPTED this 24th day of May 2005.
AYES:
Chair Schaub, Cm. Biddle, Fasulkey, and Wehrenberg
NOES:
ABSENT:
Cm. King
ABSTAIN:
PI ft/~ Ch .-
annlng ommlSSlOn aIrperson
ATTEST:
I~
Plannin Manager
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