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Home My WebLink AboutPC Reso 10-41 Stg 1 Avalon Bay Communities Dublin Station RESOLUTION NO. 10 - 41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A STAGE 1 DEVELOPMENT PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN FOR THE AVALON BAY COMMUNITIES DUBLIN STATION PROJECT ON SITE C OF THE DUBLIN TRANSIT CENTER PA 06-060 WHEREAS, the Applicant, Avalon Bay Communities, submitted applications for an area of approximately 7.21 acres known as Dublin Station, Site C within the Dublin Transit Center (PA 06-060) and the Eastern Dublin Specific Plan Area; and WHEREAS, the applications include: a) Stage 1 Development Plan Amendment and Stage 2 Development Plan; b) Site Development Review; c) Vesting Tract Tentative Map 7929; and d) Development Agreement. The applications collectively define this "Project;" and WHEREAS, the project site generally is located north of the East Dublin BART Station, east of Iron Horse Trail, generally west of Iron Horse Parkway, and immediately south of Campbell Green within the previously approved Dublin Transit Center; and WHEREAS, the Dublin Transit Center project (PA 00-013) was approved by the City Council on December 3, 2002, by Ordinance 21-02 adopting a PD-Stage 1 Planned Development Rezone for an area of 91 acres. The Stage 1 Planned Development Rezone provided for various land uses including the development of 1,500 units; and WHEREAS, the complete application submitted is available and on file in the Community Development Department; 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, 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 proposes to transfer 78 units from Dublin Transit Center Site A and 3 units from Site B to Site C. The sites are designated High Density Residential and have been planned for intensive urban residential development in the General Plan and Eastern Dublin 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 substantial changes to the project or its circumstances, and no substantial new information that would require preparation of a Supplemental EIR; and Page 1 of 2 WHEREAS, a Staff Report, dated September 14, 2010 and incorporated herein by reference, described and analyzed the Project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 2010 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered the prior related EIR, and all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission, based on the findings in the attached draft ordinance, recommends that the City Council approve the Ordinance attached as Exhibit A and incorporated herein by reference, which Ordinance adopts a Stage 1 Development Plan Amendment and Stage 2 Development Plan which, among other things, amends the development capacity on Site A and C, and provides development regulations for Site C. PASSED, APPROVED, AND ADOPTED this 14th day of September, 2010 by the following vote: AYES: King, Swalwell, Wehrenberg NOES: ABSENT: Brown, Schaub ABSTAIN: ~ - r anning m is ion ir ATTEST: Plannirr anager G:IPA#12006106-060 Dublin Transit Center Site CIPC Mtg 9.14.101PC RESO PD Stage 1_2 Amendments (2). DOC 2 Of 2 ORDINANCE NO. XX - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN STATION, SITE C, DUBLIN TRANSIT CENTER BETWEEN THE CITY OF DUBLIN AND AVALON BAY COMMUNITIES PA 06-060 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed project known as Dublin Station, Site C, Dublin Transit Center is located within the boundaries of the Eastern Dublin Specific Plan, and is included in the approval for Planned Development under PA 06-060. B. A Development Agreement for Dublin Station, Site C, Dublin Transit Center between the City of Dublin and Avalon Bay Communities ("Developer") has been presented to the City Council, Exhibit A, attached hereto. C. Pursuant to the California Environmental Quality Act (CEQA), development of the Dublin Station, Site C, Dublin Transit Center property has been analyzed in the Final Environmental Impact Report for the Dublin Transit Center General Plan and Specific Plan amendment, which was certified by the City Council by Resolution No. 215-02 dated November 19, 2002 (hereafter "Dublin Transit Center" Environmental Impact Report or EIR (SCH 2001120395)). The proposed project is exempt from further CEQA review pursuant to Government Code section 65457 for residential projects consistent with a specific plan for which an EIR was certified. The project proposes development of 486 residential units with ancillary retail, leasing and amenity space, consistent with the Eastern Dublin Specific Plan. D. A public hearing on the proposed Development Agreement was held before the Planning Commission on September 14, 2010 for which public notice was given as provided by law. E. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement by Resolution 10 - XX. F. A public hearing on the proposed Development Agreement was held before the City Council on XXX, 2010 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the certified Dublin Transit Center EIR, the Agenda Statement, all comments received in writing, and all testimony received at the public hearing. EXHIBIT A TO ATTACHMENT 7 Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Dublin Transit Center EIR, (e) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Dublin Transit Center General Plan Amendment, and in the Specific Plan in that: (a) the General Plan and Specific Plan land use designation for the site is High Density Residential, (b) the proposed project is consistent with the designated land use, (c) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of infrastructure and public services, and (d) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Development 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 the project approvals include, Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for High Density Residential, and infrastructure uses at this location. 4. The Development Agreement will not be detrimental to the health, safety and general welfare in that the Developer's project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan and with the Eastern Dublin Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 2 of 3 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this XX day of XX, 2010 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 1509387 G:IPA#12006106-060 Dublin Transit Center Site CIPC Mtg 9.14.101CC Ord adopting da for dtc site c.DOC 3 of 3