HomeMy WebLinkAboutPC Reso 11-11 Avalon Bay Site C CC Rec DARESOLUTION NO. 11 -11
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT
FOR DUBLIN STATION, SITE C, DUBLIN TRANSIT CENTER, AVALON BAY COMMUNITIES
PA 06-060
WHEREAS, a request has been made by Avalon Bay Communities, ("Applicant") for
approval of a Development Agreement for the property known as Dublin Station, Site C,
Dublin Transit Center, an area of approximately 7.21 acres {PA 06-060); and
WHEREAS, Development Agreements are required as an implementing measure of the
Eastern Dublin Specific Plan; and
WHEREAS, Site C within the Dublin Transit Center (PA 06-060) is in the Eastern Dublin
Specific Plan Area; 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. The Stage. 1 Planned Development Rezone provided for various land. uses
including the development of 1,500 units; and
WHEREAS, the Planning Commission, at their meeting of September 14, 2010, reviewed
a 486 unit project on this site including a Stage 1 Development Plan Amendment and Stage 2
Development Plan, Site Development Review, .Vesting Tentative Tract Map 7929 and a
Development Agreement; and
..WHEREAS, The Planning Commission .approved the .Site. Development Review and
Vesting Tentative Tract Map 7929 and recommended the City .Council adopt an ordinance
amending the Stage 1 Development Plan and. approving the Stage 2 Development Plan and an
Ordinance approving the Development Agreement; and
WHEREAS, the Applicant has applied for a Stage 1 Development Plan amendment and
Stage 2 Development Plan in accordance with Dublin Zoning Ordinance, Section 8.32; and
WHEREAS, the Applicant has applied for Site Development Review -and Vesting
Tentative Tract Map to develop 505 units on Site C of the Dublin Transit Center; and
WHEREAS, the complete application submitted is available and on file in the Community
Development Department; and
1 ~l
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 100 units from Dublin Transit Center Site A 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
WHEREAS, the proposed Development Agreement is attached to this Resolution as
Exhibit B; and
WHEREAS, the Planning Commission did hold a public hearing on the application on
March 22, 2011; and
,WHEREAS, proper notice of the public hearing .was given in all respects as required by
law; and
WHEREAS, a 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 the :prior certified EIR, and 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 fol{owing findings and determinations regarding the Development
Agreement:
1. The 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 High Density
Residential, 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 rotes 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 Programs of the Dublin Transit
Center EIR.
2. The 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
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approvals include Planned Development Rezone, Site Development .Review, .and Vesting
Tentative Map.
3. The Agreement is in .conformity with public convenience, general welfare and
good land use practice in that the Developer's project will implement land use guidelines set
forth in the Eastern Dublin Specific Plan/General Plan.
4. The 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. The 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.
BE IT FURTHER RESOLWED THAT the City of Dublin Planning Commission does
hereby recommend that the City Council adopt an Ordinance approving the Development
Agreement between the City of Dublin and Avalon Bay Communities for the Dublin Station, Site
C, Dublin Transit Center project (PA 06-060) which is included in Exhibit A and the
Development Agreement is .attached as Exhibit B.
PASSED, APPROVED AND ADOPTED this 22nd day of March 2011 by the following
vote:.
AYES: Brown, O'Keefe, Schaub, Bhuthimethee
NOES:
ABSENT: Wehrenberg
ABSTAIN:
ATTEST
Plan ing Hager
1509379
PI Wing Commi ion Chairperson
G:IPA#12006106-060 Dublin Transit Center Site CIPC Mtg 3.22.111PC RESO rec DA AVALON Site C 3.22.11.DOC
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