HomeMy WebLinkAboutPC Reso04-09 PA02-003 Rec CC AMB/West Dublin Transit Village PD Rez RESOLUTION NO. 04 - 09
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF A PLANNED DEVELOPMENT
DISTRICT (PD) REZONING/STAGE 2 DEVELOPMENT PLAN FOR
PA 02-003 LEGACY PARTNERS - WEST DUBLIN TRANSIT VILLAGE
WHEREAS, Legacy Partners has requested approval of a Planned Development District (PD)
Rezoning Stage 2 Development Plan for a project consisting of 304 multi-family dwelling units,
approximately 1,000 square feet of neighborhood retail, and 150,500 square feet of retail/office space,
surface parking, landscaping and related improvements on approximately 9.06 acres of land within the
West Dublin BART Specific Plan area at 6700 Golden Gate Drive, generally located near the northwest
comer of Golden Gate Drive and Interstate 580; and
WHEREAS, a completed application for the requested action is available and on file in the Dublin
Planning Department; and
WHEREAS, the Project site is in the Dublin downtown area and within the planning area for the
West Dublin BART Specific Plan ("Specific Plan"). The Specific Plan is one of three downtown specific
plans approved by the City on December 19, 2000 and intended to improve the appearance, functionality,
and economic vitality of the downtown area, particularly in recognition of a planned BART station
adjacent to the Project site. (See Resolution 00-227, incorporated herein by reference). The effects of
implementing the Specific Plan and related general plan amendments were reviewed in a Negative
Declaration which was properly circulated for public review and adopted by the City Council on
December 19, 2000 (See Resolution 00-227, incorporated herein by reference). The City subsequently
rezoned the Project site to PD Planned Development and adopted a related Stage 1 Development Plan on
June 4, 2002, based on the prior adopted Negative Declaration. The Negative Declaration is available for
review in the Planning Department and is incorporated herein by reference; and
WHEREAS, the Specific Plan was prepared as a self-mitigating plan. Upon adoption of the
Negative Declaration, the City found that the Specific Plan and associated actions would not have a
significant effect on the environment because mitigation was incorporated into the Plan as part of the Plan
implementation (Resolution 00-227). In this context, the Specific Plan policies, standards and programs
act as mitigations that must be included in subsequent implementing developments, such as the Project.
The Project is consistent with and implements the Specific Plan land uses, policies, standards, guidelines
and programs; and
WHEREAS, the City prepared an Initial Study dated November 6, 2003 for the Project consistent
with CEQA Guidelines section 15162 and determined that the Project would not result in any significant
adverse impacts. The draft Mitigated Negative Declaration and Initial Study are attached as Exhibit A of
Attachment 1 to the Staff report and incorporated herein by reference; and
WHEREAS, the draft Mitigated Negative Declaration was circulated for public review from
November 10, 2003 to December 2, 2003. Although not required by CEQA, the City prepared written
responses to all the comments in a Responses to Comments document dated February 10, 2004. The
comment letter and responses are attached as Exhibit B to Attachment 1 of the Staff report, and
incorporated herein by reference; and
WHEREAS, the responses provide the City's good faith, reasoned analysis of the environmental
issues raised by the comments; and
WHEREAS, the City carefully reviewed the comments and written responses and determined that
no subsequent EIR-level review of the document was warranted, that the prior Negative Declaration and
the Project Mitigated Negative Declaration adequately identified and analyzed the Project's
environmental impacts, and that the comments and responses did not constitute or require substantial
revisions to the Mitigated Negative Declaration; and
WHEREAS, a Staff report, dated February 24, 2004 and incorporated herein by reference,
described and analyzed the draft Mitigated Negative Declaration, including comments and responses, and
the Project for the Planning Commission; and
WHEREAS, the Planning Commission reviewed the Staff report, the PD Planned Development
Rezoning and Stage 2 Development Plan, the draft Mitigated Negative Declaration, including comments
and responses, at a noticed public hearing on February 24, 2004 at which time all interested parties had
the opportunity to be heard; and
WHEREAS, the draft Mitigated Negative Declaration, including comments and responses,
reflects the City's independent judgment and analysis on the potential for environmental impacts from the
AMB/Legacy Partners Transit Village Project; and
WHEREAS, a Stage 2 Development Plan has been submitted to the City as required by Section
8.32.030 of the Dublin Zoning Ordinance; and
WHEREAS, the Planning Commission did hold a public hearing on said application on February
24, 2004; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of
the Planned Development District Rezoning/Stage Development Plan prepared by Staff; 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 Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Planned Development
District Rezoning/Stage 2 Development Plan:
A. The PD Planned Development District Rezoning (PA 02-003) is consistent with the general
provisions, intent and purpose of Section 8.32.010 (Planned Development Zoning District) of the
previously adopted Stage 1 Development Plan and the West Dublin BART Specific Plan which
designates this area as Mixed Use (MU) and Office (O), in that the project would result in development
with the land uses allowed by said designation, and will contribute towards implementation of said Plan;
and
B. The PD Planned Development District Rezoning is consistent with the general provisions, intent
and purpose of the Dublin General Plan, as amended, which designates this area as Mixed Use and
Retail/Office, in that the project would result in development with the land uses allowed by said
designation, and will contribute towards implementation of said Plan which is focused on transit-oriented
development; and
C. The PD Planned Development District Rezoning is consistent with the general provisions, intent,
and purpose of the PD Planned Development Zoning District of the Zoning Ordinance. The PD Planned
Development District Rezoning will be appropriate for the subject property in terms of providing land use
provisions which set forth the purpose and applicable provisions of the Dublin Zoning Ordinance, range
of permitted and conditionally permitted uses, and Development Standards which will be compatible with
existing and proposed residential, business, public/semi-public and light industrial uses in the immediate
vicinity; and
D. The PD Planned Development District Rezoning is consistent with the general provisions, intent,
and purpose of the PD Planned Development Zoning District of the Zoning Ordinance in that it contains
all information required by Chapter 8.32 of the Zoning Ordinance and accomplishes the objectives of
Section 8.32.010, A through H, of the Zoning Ordinance; and
E. The PD Planned Development District Rezoning will provide an environment that will enhance
development of the West Dublin BART Specific Plan Area; and
F. The PD Planned Development District Rezoning will provide efficient use of the land pursuant
to the West Dublin BART Specific Plan according to the coordinated site plan and circulation system; and
G. The Planned Development District Rezoning will not have a substantial adverse effect on health
or safety or be substantially detrimental to the public welfare or be injurious to property or public
improvement as all applicable regulations will be satisfied; and
H. The Planned Development District Rezoning will not overburden public services as all agencies
must commit to the availability of public services prior to the issuance of building permits as required by
the West Dublin BART Specific Plan policies and mitigation measures; and
I. The Planned Development District Rezoning and accompanying Stage 2 Development Plan, will
create an attractive, efficient, and safe environment; and
J. The Planned Development District Rezoning will benefit the public necessity, convenience, and
general welfare by providing multi-family housing, retail and office uses in close proximity to the future
BART Station and at a prime location in the City; and
K. The Planned Development District Rezoning and accompanying Stage 2 Development Plan will
be compatible with and enhance the general development, economic development and vitality of the the
transit-oriented West Dublin BART Specific Plan area.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin
Planning Commission does hereby recommend that the City Council approve a Planned Development
District Rezoning and Stage 2 Development Plan PA 02-003, for the Legacy Partners West Dublin Transit
Village to develop 304 multi-family dwelling units, approximately 1,000 square feet of neighborhood
retail space, and a 150,500 square foot office building near the future BART Station, with associated
surface parking, landscaping and related improvements as generally depicted in the materials labeled
3
Exhibit A, Development Plan dated "received January 2, 2004," stamped "approved" and on file in the
Dublin Planning Division of the Community Development Department, which includes Architectural
(floor and elevations) Plans prepared by the MBH; Preliminary Landscape Plans prepared by Carducci &
Associates; Preliminary Grading & Drainage Plan; Preliminary Utility Plan; and, Vesting Tentative
Parcel Map prepared by Kier & Wright, dated "received January 2, 2004," for Legacy Partners West
Dublin Transit Village, which constitute regulations for the use, improvement, and maintenance of the
property. Except as specifically identified otherwise in the approved Development Plan, development and
operation of land use activities within this Rezoning shall be subject to the current City of Dublin Zoning
Ordinance.
PASSED, APPROVED AND ADOPTED this 24th day of February 2004.
AYES:
Cm. Fasulkey, Nassar, and Machtmes
NOES:
ABSENT:
ABSTAIN: Cm. King
ATTEST4~ ~
Community Development Director
PJ'afining ~i~i'o~ Ch~Frp~
g:\PA#X2002\PA02-003XPC-Reso PC Rez