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HomeMy WebLinkAboutPC Reso04-11 PA02-003 Rec CC West Dublin Transit Village DA RESOLUTION NO. 04 - 011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE FOR A DEVELOPMENT AGREEMENT FOR PA 02-003 WEST DUBLIN TRANSIT VILLAGE WHEREAS, AMB Property Corporation, has requested approval of a Development Agreement for the West Dublin Transit Village Project on 9.06 + acres at 6700 Golden Gate Drive, generally located north of the 1- 580 freeway and south of the future extension of St. Patrick Way in the West Dublin BART Specific Plan area; 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 Specific Plan includes permitted land uses, development standards, urban design guidelines, transportation improvements and implementation programs to achieve the City's General Plan goals. 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. Although not required by CEQA, the City prepared a drafi subsequent Mitigated Negative Declaration pursuant to CEQA Guidelines section 15162 to examine how the Specific Plan policies, standards and programs were included in the Project, and thus how prior adopted mitigation established in the Specific Plan would be implemented. 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 drafi Mitigated Negative Declaration was circulated for public review from November 10, 2003 to December 2, 2003. The City received one comment letter on the Project, from Adams Broadwell Joseph & Cardozo, dated 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 and incorporated herein by reference. The comment letter included a substantial amount of background materials that are on file and available for review in the Planning Department; 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. On these bases, the City determined that no recirculation of the Mitigated Negative Declaration was required pursuant to CEQA Guidelines section 15073.5; 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 Development Agreement, 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, 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. NOW THEREFORE BE IT RESOLVED THAT THE 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 City of Dublin General Plan and the West Dublin BART Specific Plan in that, a) the General Plan and West Dublin BART Specific Plan land use designation for the subject site is Mixed Use and Office and that this is a mixed-use development involving neighborhood retail uses, an apartment project, and an office building consistent with that designation and the policies of the West Dublin BART Specific Plan; b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's General Plan and West Dublin BART Specific Plan; c) the Agreement sets forth the rules the Developer and City will be governed by during the development process; and, (d) site-specific Mitigation Measures contained in the Initial Study prepared for the project have been incorporated into the project. 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 the project approvals include a Planned Development Rezoning/Development Plan adopted specifically for the Legacy Partners West Dublin Transit Village Project. 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Project will implement land use guidelines set forth in the West Dublin BART Specific Plan and City of Dublin General Plan which have planned for a mixed-use development at this location. 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; and 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 General Plan and West Dublin BART Specific Plan. 2 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Development Agreement between AMB Property Corporation and the City of Dublin, as shown in attached Exhibit A, for PA 02-003, the West Dublin Transit Village Project proposed by Legacy Partners. PASSED, APPROVED AND ADOPTED this 24th day of February 2004. AYES: Cm. Fasulkey, Nassar, and Machtmes NOES: ABSENT: ABSTAIN: Cm. King '~lann' ~" 'gin ~::,ommis~ion Chairp~ Community Development Director g:\PAL2002\PA 02-003~,pc-resDA