HomeMy WebLinkAboutPC Reso07-44 Appv Dev Agrmt for Sorrento East at Dubln Rnch Area F East
RESOLUTION NO. 07 - 44
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COlNCIL ADOPT
AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR
SORRENTO EAST AT DUBLIN RANCH (DUBLIN RANCH AREA FEAST)
PA 04-042
WHEREAS, a request has been made by Chang Su-O Lin, Hong Lien Lin, and Hong Yao Lin (the
"Lins") ("Applicant") for approval of a Development Agreement for the property known as Sorrento East
at Dublin Ranch (Dublin Ranch Area F East), an area of approximatey 80 acres (P A 04-042); and
WHEREAS, said Applicants are principals of Regent Land Investment LLC, a Delaware limited
liability corporation ("Developer") and party to the Development Agreement; and
WHEREAS, Development Agreements are required as an implementing measure of the Eastern
Dublin Specific Plan; and
WHEREAS, the project site is in Eastern Dublin for which the City adopted the 1993 Eastern
Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for
future development of the area. In connection with this approval, the City certified a program EIR
pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, R{:solution 51-93, and Addendum
dated August 22, 1994, hereafter "Eastern Dublin EIR" or "program EIR") that is available for review in
the City Planning Department and is incorporated herein by reference. The program EIR was integral to
the planning process and examined the direct and indirect effects, cumulative impacts, broad policy
alternatives, and area-wide mitigation measures for developing Eastern Dublin; and
WHEREAS, the program EIR also identified some impacts resulting from implementation that
could not be mitigated, and the City adopted a statement of overriding considerations for such impacts.
The City also adopted a mitigation-monitoring program, which included a series of measures intended
to reduce impacts from the implementation of the plan; and
WHEREAS, in 1997, the City Council approved a Negative Declaration (Resolution 140-97)
which addressed an area of approximately 453 acres in Dublin Ranch Areas B through E, including a
variety of residential and non-residential uses, as well as a community park of approximately 42 acres
which became portions of Dublin Ranch Area F; and
WHEREAS, for the portions of the project within Area F, the City Council approved a Mitigated
Negative Declaration on February 15, 2000 (Resolution 34-00) which included approximately 147 acres
from other areas within Dublin Ranch; and
WHEREAS, on March 16, 2004, an EIR Addendum was certi fied by the City Council (Resolution
No. 43-04) pursuant to CEQA Guidelines Section 15164 related to PA 01-037; and
WHEREAS, a determination has been made for the project proposed under application P A 04-
042 that it has been adequately addressed in the 2004 EIR Addendum and would cause no environmental
impacts beyond those previously ilientified and addressed; and
1
WHEREAS, the previously adopted mitigation monitoring p~ogram and all adopted supplemental
mitigation measures continue to apply to the project area; and
WHEREAS, the text of the Draft Development Agreement is attached to this resolution as Exhibit
A to the Ordinance; and
WHEREAS, the Planning Commission did hold a public healing on said application on August
28, 2007; 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 City of 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) :he Eastern Dublin Specific
Plan/General Plan land use designation for the subject site is proposed to be Planned Development and
that the Developer's project 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 districts in which the real property is located in that tlte 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 Developer's project will implement land use gllidelines 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.
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NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning
Commission does hereby recommend that the City Council approve the Development Agreement between
Regent Land Investment LLC and the City of Dublin for the Developer's project (P A 04-042).
PASSED, APPROVED AND ADOPTED this 28th day of August of2007.
AYES:
Chair Schaub, Commissioners Biddle and Tomlinson
NOES:
ABSENT:
Vice Chair Wehrenb{:rg and Commissioner King
ABSTAIN:
("Y-r)~~~__
Planning Commission Chairperson
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