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HomeMy WebLinkAboutPC Reso04-21 PA02-048 Rec CC Tassajara Creek Ph III DA RESOLUTION NO. 04 - 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT AGREEMENT FOR PA 02-048 GHC ROXBURY, LLC - TASSAJARA CREEK PHASE III DEVELOPMENT AGREEMENT WHEREAS, Pat Constanza on behalf of GHC Roxbury, LLC has requested approval of a Development Agreement for the proposed Tassajara Creek Phase III Residential Development located west of Tassajara Road west of Tassajara Creek and north of the Casterson Property; and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, this project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration was prepared for development of the Greenbriar Land Company Tassajara Creek Residential Project (SCH 99102104) consisting of five phases (PA98-062). An Addendum was prepared for Phase III and V of the project and the City Council adopted on December 2, 2003 stating that the project will not have environmental effects, which were not examined in the Program EIR and the Mitigated Negative Declaration. The City Council adopted a Statement of Overriding Considerations for the Project consistent with the Program EIR; and A; and WHEREAS, the text of the Draft Development Agreement is attached to this resolution as Exhibit WHEREAS, the Planning Commission did hold a public hearing on said application on March 23, 2004; 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; 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 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 Eastem Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be Planned Development and that the Greenbriar Tassajara Creek Phases III residential development 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 Developer 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 the project approvals include a Planned Development Rezone and Site Development Review. 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Greenbriar Tassajara Creek Phase III residential neighborhood 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 consistent with the City of Dublin Eastern Dublin Specific Plan/General Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Development Agreement between GHC Roxbury, LLC and the City of Dublin for PA 02-048 Greenbriar Tassajara Creek Phase III. PASSED, APPROVED AND ADOPTED this 23rd day of March of 2004 AYES: NOES: ABSENT: ABSTAIN: ATTEST: GSPA#X2002\02-048 Greenbriar\PC reso der agr GHCPhaselll.doc ~lannin~rfltm~st~i''~ Cha~~~