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HomeMy WebLinkAboutPC Reso04-25 PA03-061 Rec CC Dublin Trnst Ctr Site A-2 DA RESOLUTION NO. 04-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 03-061 DUBLIN TRANSIT CENTER SITE A-2 (EAH, INC) WHEREAS, the Applicant, Benny Kwong of EAH, Inc., has requested approval of a Development Agreement for PA 03-061, Dublin Transit Center Site A-2, for the construction of a 112-unit affordable apartment community on approximately +2 acres of land, located on a portion Site A of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and DeMarcus Boulevard; and WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, Pursuant to the California Environmental Quality Act, 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 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 supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, a Draft Development Agreement is attached to this resolution as Exhibit A and covers +2 acres of land within Dublin Transit Center Site A (APN 986-0001-010 in pan); and 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 repons, 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 Agreements: Said Agreements are 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 proposed Dublin Transit Center Site A-2 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 Agreements set 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. Said Agreements are 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 Stage 2 Planned Development zoning and Site Development Review. o Said Agreements are in conformity with public convenience, general welfare and good land use practice in that the proposed Dublin Transit Center Site A-2 project will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed. Said Agreements will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreements and any Conditions of Approval for the Project; and Said Agreements 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, in substantially the form attached as Exhibit A, between EAH, Inc and the City of Dublin for PA 03-061 Dublin Transit Center Site A-2. PASSED, APPROVED AND ADOPTED this 23rd day of March 2004. AYES: Cm. Fasulkey, Nassar, Jennings, and Machtmes NOES: ABSENT: ABSTAIN: Cm. King ATTEST: