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Home My WebLink About6.1 Reso Rescinding PC Reso 08-40 PA08-006AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: May 12, 2009 SUBJECT: CONSENT CALENDAR: PA 08-006 - Resolution Rescinding Planning Commission Resolution No. 08-40 for a Conditional Use Permit and Site Development Review for Parcel 5 of the Promenade, the Club Sport Project in Area G of Dublin Ranch. Report Prepared by Jeri Ram, Community Development Director ATTACHMENT: 1) Resolution of the Planning Commission of the City of Dublin Rescinding Planning Commission Resolution No. 08-40 Approving a Conditional Use Permit and Site Development Review for Parcel 5 of the Promenade, the Club Sport Project, in Area G of Dublin Ranch (PA 08-06). 2) City Council Staff Report dated :Play 5, 2009 without attachment. 3) City Council Resolution 52-09. RECOMMENDATION: Adopt the Resolution rescinding Planning Commission Resolution No. 08- 40 approving a Conditional Use Permit and Site Development Review for Parcel 5 of the Promenade, the Club Sport Project, in Area G of Dublin u Ranch. PROJECT DESCRIPTION: On January 20, 2009, the City Council passed a motion affirming, on appeal, Planning Commission Resolution No. 08-40. This action was the last of three discretionary City actions approving the Club Sport Project in Area G, Parcel 5, of the Promenade at Dublin Ranch f"the Project"). The first action was the Planning Commission's December 9, 2008 approval of a Site Dev.-lopment Review and a Conditional Use Permit. The second action was the Community Development Director's approval of a Tentative Parcel Map on January 8, 2009. The Applicant has requested that the approvals be rescinded. Upon rescission, the approvals will be ineffective, and the Applicant will have to reapply for the relevant approvals, which would be subject to the public hearings required under State law and the City's Zoning and Subdivision Ordinances. On May 5, 2009, the City Council adopted City Council Resolution 52-09 requesting that the Planning Commission and Community Development Director rescind their resp,:ctive approvals (Attachment 3). RECOMMENDATION: Staff recommends that the Planning Commission adopt the Resolution rescinding Planning Commission Resolution No. 08-40 approving the Conditional Use Permit and Site Development Review for Parcel 5 of the Promenade, the Club Sport Project in Area G of Dublin Ranch. COPIES TO: Applicant Property Owner Page 1 of 1 ITEM NO. . 1 G:\PA#\2008\PA 08-006 Club Sport Promenade\RESCIND RESO PC MTG 5.12.09\PCSR Rescind Reso 08-40 5 12 09.doc RESOLUTION NO. 09-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RESCINDING PLANNING COMMISSION RESOLUTION NO. 08-40 APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR PARCEL 5 OF THE PROMENADE, THE CLUB SPORT PROJECT, IN AREA G OF DUBLIN RANCH PA 08-006 WHEREAS, the Planning Commission, following a public hearing on December 9, 2008, approved Resolution No. 08-40, approving a Conditional Use Permit :;or a private recreation/fitness center (C1ubSport), outdoor restaurant seating, and reduction of required parking based on a shared parking plan and a Site Development Review for Parcel 5 of the Promenade Project at Dublin Ranch; and WHEREAS, the project Applicant has requested that the approvals for the Project be rescinded; and WHEREAS, at the City Council meeting of May 5, 2009, the City Council adopted City Council Resolution 52-09 requesting that the Planning Commission rescind Resolution 08-40. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby rescind Planning Commission Resolution No. 08-40. PASSED, APPROVED AND ADOPTED this 12`h day of M,-.y, 2009. AYES: NOES: ABSENT: ABSTAIN: APPROVE: Planning Commission Chair ATTEST: Acting Planning Manager G:\PA#\2008\PA 08-006 Club Sport Piomenade\RESCIND RESO PC MTG 5.12.09\PC Reso Rescind 5." 2.09.doc ATTACHMENT 1 CITY CLERK File # ?; Al 1J1ol-131A 82 t5o- 20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 5, 2009 SUBJECT: Resolution Rescinding and Directing the Rescission of the Various Approvals for the Parcel 5 of the Promenade at Dublin Ranch Project Report Prepared by John Bakker, City Attorney ATTACHMENT: 1. Resolution RECOMMENDATION: Adopt the Resolution rescinding the City Council's Approval for and Requesting the Planning Commission and Community Development Director Rescind ':'heir Respective Approvals for the Parcel 5 of the Promenade at Dublin Ranch Project and Directing Staff to Reschedule Future Public Hearings on the Project in the Manner Required by Law FINANCIAL STATEMENT: None. DESCRIPTION: On January 20, 2009, the City Council affirmed on appeal Planning Commission Resolution No. 08-04. This action was the last of three discretionary City actions approving the Parcel 5 of the Promenade at Dublin Ranch project ("the Project"). The first action was the Planning Commission's December 9, 2008 approval of site development review and a conditional use permit. The second action was the Community Development Director's January 9„ 2009 approval of a vesting tentative parcel map for the Project. The applicant has requested that the approvals be rescinded. Staff will separately request that the Planning Commission and the Community Development Director rescind their actions. Upon rescission, the approvals will be ineffective, and the applicant will have to reapply for the relevant approvals, which would be subject to the public hearings required under state law and the City's zoning and subdivision ordinances. RECOMMENDATION: Adopt the Resolution rescinding the City Council's Approval for and Requesting the Planning Commission and Community Development Director Rescind Their Respective COPY TO: Page 1 of 2 ITEM NO. 1. O ATTACHMENT 2 Approvals for the Parcel 5 of the Promenade at Dublin Ranch Project and Directing Staff to Reschedule Future Public Hearings on the Project in the Manner Required by Law Page 2 of 2 RESOLUTION NO. 52-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESCINDING ITS APPROVAL FOR AND REQUESTING THAT THE PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR RESCIND THEIR RESPECTIVE APPROVALS FOR THE PARCEL 5 OF THE PROMENADE AT DUBLIN RANCH PROJECT AND DIRECTING STAFF TO RESCHEDULE FUTURE PUBLIC HEARINGS ON THE PROJECT IN THE MANNER REQUIRED BY LAW WHEREAS, the Planning Commission following a public hearing on December 9, 2008, by Resolution 08-40, approved a Conditional Use Permit and Site Development Review for Parcel 5 of the Promenade at Dublin Ranch (the "Project"), and a portion of the Planning Commission approval was appealed by a City resident; and WHEREAS, on appeal, the City Council affirmed the Planning Commission approval on January 20, 2009 following a noticed public hearing that same date; and WHEREAS, the Community Development Director following a noticed public hearing on January 8, 2009 approved, by adopting Community Development Director Resolution 09-01, a vesting tentative parcel map creating four parcels within the Project area following a public hearing that same date; and WHEREAS, the Project applicant has requested that the approvals for the Project be rescinded. NOW, THEREFORE, the City Council of the City of Dublin does hereby RESOLVE as follows: 1. That the City Council's January 20, 2009 motion affirming Planning Commission Resolution No. 08-40 and adopting certain Findings of Fact is rescinded. 2. That the Planning Commission is requested to rescind Planning Commission Resolution No. 08-40. 3. That the Community Development Director is requested to rescind Community Development Director Resolution No. 09-01. PASSED, APPROVED AND ADOPTED this 5th day of May, 2009 by the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, and Scholz NOES: None ABSENT: None ABSTAIN: Mayor Sbranti ATTEST: City Clerk Mayor Reso No. 52-09, Adopted 5-5-09, Item 4.8 Page 1 of 1 Attachment 3