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HomeMy WebLinkAboutPC Reso 08-36 Appv Dev Agrmt Wallis Ranch PA05-051RESOLUTION NO. 08 -36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR WALLIS RANCH (DUBLIN RANCH WEST) PA 05-051 WHEREAS, a request has been made by Chang Su-0 Lin (the "Lin Family") ("Applicant") to enter into a Development Agreement with the City of Dublin for the property known as the Wallis Ranch (Dublin Ranch West), a 184-acre project (PA 05-051); and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, the project site was annexed by the City in May 2005 as a result of a request and application (PA 02-028) for pre-zoning and a Stage 1 Plaimed Development Plan by the applicant/property owner; and WHEREAS, an amendment to the General Plan and an wriendment to the Eastern Dublin Specific Plan was adopted by Ordinance 19-07 which included the project site; and WHEREAS, as part of the City's Sphere of Influence, broad policy alternatives, and area-wide mitigation measures for developing Eastern Dublin, the project site initially was addressed as part of a program EIR prepared pursuant to CEQA Guidelines Section 15168 which served as a comprehensive planning framework for future development of the area; and WHEREAS, the City certified the program EIR by Resolution 51-93, and Addenda dated May 4, 1993 and August 22, 1994, (hereafter "Eastern Dublin EIR" or "grogram EIR") (SCH #91-103064) that is available for review in the City Planning Department and is incorporated herein by reference; and WHEREAS, in conjunction with the annexation application, an Initial Study and Draft Supplemental EIR (SEIR) (SCH #2003022083) were prepared in order to thoroughly and comprehensively assess the potential for the project to cause or contribute to significant impacts beyond those identified in the 1993 EIR. The SEIR was certified by the City on March 15, 2005, by Resolution 42-05; and WHEREAS, a Mitigated Negative Declaration was adopted on February 6, 2007 by Resolution 18-07 with an application (PA 05-051) for an 11.6-acre area within the unincorporated area of Contra Costa County abutting the site needed for drainage, open space, em,,rgency vehicle access, and habitat preservation; and WHEREAS, PA 05-051 also included City Council Ordinance 02-07 approving an amendment to the Stage 1 Planned Development zoning and a Stage 2 Development Plan; and WHEREAS, PA 05-051 also included Planning Commission Resolution 07-01 approving a Site Development Review, Master Vesting Tentative Tract Map 7515, and Vesting Tentative Tracts 7711, 7712, 7713, 7714, 7715 & 7716 for Neighborhoods 1, 2, 3, 4, 5 and 6, respectively; and WHEREAS, the text of the Draft Development Agreement is attached to this Resolution as Exhibit A to the proposed Ordinance;; and WHEREAS, the Planning Commission did hold a public hearing on said Development Agreement on November 12, 2008; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommencing 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) the Eastern Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be Planned Development and that the Applicant'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 Applicant 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 ttLe project approvals included Planned Development Zoning, Stage 2 Development Plan, Site Development'.2eview, and Tentative Parcel Map. 3. Said Agreement is in conformity with public conventt ence, general welfare and good land use practice in that the Applicant's 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 consi 3tent with the City of Dublin General Plan and Eastern Dublin Specific Plan. 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 the City of Dublin and Chang Su-0 Lin (the "Lin Family") for the project (PA 05-051). PASSED, APPROVED AND ADOPTED this 12th day of November, 2008. Page 2 of 3 AYES: Schaub, Tomlinson, Wehrenberg, Biddle, King NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: C _ . (:V, P1 ng Manager G: IPA#12005105-051 Dublin Ranch West-Wat islDevelopment AgreementlDub-WalhsRanch-DA_PC 1'esadoc Page 3 of 3