HomeMy WebLinkAboutPC Reso06-25 Adopt Dev Agrmt Lowe's Grafton Station
RESOLUTION NO. 06-25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT
FOR LOWE'S HOME IMPROVEMENT WAREHOUSE LOCATED AT THE SOUTHWEST
CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY
DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH
(APN 985-0036-009)
P A 05-030
WHEREAS, Lowe's HIW, Inc. has requested approval of a Development Agreement for Phase 1
of the shopping center, including the Lowe's building and related improvements (the "Project"), which is
located in the Grafton Station shopping center within a portion of Area H of Dublin Ranch, at the west
corner of Grafton Street and Dublin Boulevard and bordered by Dublin Boulevard and Northside Drive;
and
WHEREAS, the Eastern Dublin Specific Plan requires developers to enter into development
agreements as a condition of development; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Staff has
recommended that the Planning Commission adopt an Addendum to the Eastern Dublin Environmental
Impact Report (ElR), which requires a minor technical change to the ElR, but does not require a
subsequent ElR pursuant to Section 15164 of the CEQA Guidelines. The Project is within the scope of
the Final ElR for Eastern Dublin (SCH 91103064) which was certified by City Council Resolution No.
53-93 on May 10, 1993 and the Addenda dated May 4, 1993 and August 22, 1994. The Project is also
consistent with the Mitigated Negative Declaration for Dublin Ranch Planning Area H (SCH 99112040)
adopted by Dublin City Council Resolution No. 34-00 on February 15, 2000. This Staff recommendation
is based on a determination that there are no supplemental impacts that would require preparation of a
Supplemental ElR; and
WHEREAS, the Development Agreement is attached to this Resolution as Exhibit A; and
WHEREAS, the Planning Commission did hold a public hearing on the Project application on
July 25,2006; 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 its 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 Development 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
Eastern Dublin Specific Plan/General Plan land use designation for the subject site is
General Commercial and General Commercial/Commercial Office and that the proposed
shopping center development is consistent with the designations; 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 Development
Agreement sets forth the rules to which the Developer and City will be subject during the
development process, which is required by the Eastern Dublin Specific Plan and the
Mitigation Monitoring Program ofthe Eastern Dublin Specific Plan.
2. Said Development 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 Tentative Parcel Map, Stage I Development Plan
Amendment, Stage 2 Planned Development Rezone, and Site Development Review.
3. Said Development Agreement is in conformity with public convenience, general welfare,
and good land use practice in that the development will implement land use guidelines set
forth in the Eastern Dublin Specific Plan/General Plan, as proposed.
4. Said Development 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 Development 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, attached hereto and
incorporated within as Exhibit A, between the City of Dublin and Lowe's HIW, Inc.
PASSED, APPROVED AND ADOPTED this 25th day of July 2006 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioner King
NOES: None
ABSENT: Commissioner Biddle
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ABSTAIN: Commissioner Fasulkey
Planning Commission Chairperson
ATTEST:
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