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HomeMy WebLinkAbout8.1 PA 08-006 The Promenade DAAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: August 11, 2009 SUBJECT: PUBLIC HEARING: PA 08-006, The Promenade at Dublin Ranch - Development Agreement between the City of Dublin and James Tong and Mei Fong Tong fora 23.46-acre area along both sides of the proposed extension of Grafton Street between Central Parkway and Dublin Boulevard known as the Promenade (Village Center) within Area G of Dublin Ranch Report Prepared by Mike Porto, Consulting Planner ATTACHMENTS: 1) Resolution recommending the City Council adopt a CEQA Addendum to the Eastern Dublin EIR and 2000 Area G Dublin Ranch Mitigated Negative Declaration with CEQA Addendum and Initial Study included as Exhibit A and Statement of Overriding Considerations as Exhibit B. 2) Resolution recommending the City Council adopt an Ordinance approving the Development Agreement between the City of Dublin and James Tong and Mei Fong Tong, with the Draft Ordinance included as Exhibit A and the Development Agreement included as Attachment I to Exhibit A. RECOMMENDATION: 1) Receive Staff presentation 2) Open the public hearing; Ci,~~ 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; 5) Adopt Resolution recommending the City Council adopt a CEQA Addendum to the Eastern Dublin EIR and 2000 Area G Dublin Ranch Mitigated Negative Declaration; and 6) Adopt Resolution recommending the City Council adopt the Ordinance approving the Development Agreement between the City of Dublin and James Tong and Mei Fong Tong PROJECT DESCRIPTION: The Promenade is described as the commercial component or Village Center district adopted with Area G of the Dublin Ranch Master Plan within the Eastern Dublin Specific Plan area. It is an area of approximately 23.46 acres planned as the commercial (non-residential) component for this area. The Planned Development zoning and Stage 2 Development Plan for Area G allowed for six Village Center/Neighborhood Commercial development sites (VC1 through VC6) and one Public/Semi-Public site to be centrally located along both sides of the proposed extension of Grafton Street (which bisects the area in a north-south direction) between Central Parkway on the north and Dublin Boulevard on the south (please see Map 1 below). The Stage 2 Development Plan allowed fora total of 230,000. square feet of local-serving commercial uses and public/semi-public uses to be developed within this area. COPIES TO: The Applicant The Property Owner Page 1 of 6 ITEM NO. G: IPA#120081PA 08-006 Club Sport PromenadelDevelopment AgreementlPC Mtg 8-11-091Cremin amendments PCSR 8.11.09.DOC Map 1: Vicinity Map c ~__~,-~ J ~,. nc~:a~r Dossac aaxeenave ~ -' D L'BLIN ~ Background/Previous Approvals Area G (PA 98-069) covers approximately 86.9 acres and is bounded by Central Parkway on the north, Keegan Street on the east, Dublin Boulevard on the south, and Brannigan Street on the west. Areas G is within the Dublin Ranch Master Plan and is subject to a Stage 1 and Stage 2 Planned Development Rezone approved on March 21, 2000 by Ordinance 06-00. Subsequently, Area G was subdivided by Parcel Map 7148 into 8 parcels. This included four Medium-High and High Density Residential projects or neighborhoods (Parcels 2, 4, 5 & 6) that anchor the four corners and are situated along the easterly and westerly boundaries. From this initial subdivision, the Village Center or commercial area was envisioned for Parcel 3, a centrally located area of about 23 acres, including aPublic/Semi-Public site along the south side of Central Parkway west of the proposed extension of Grafton Street. The Planned Development Plan also included a 5-acre neighborhood park and a 2-acre neighborhood square (both of which are now built). Existing Uses The natural topography for all of the 23+ acre Promenade area generally is flat with a slight slope (1% average) from the northwest to-the southeast. It has been rough graded .based on the conditions of approval for Tract 7148, and currently is vacant; there are no significant or substantial plant materials on site. The area has been used for the temporary staging and storage of materials and equipment for the many construction projects currently in progress and recently completed in the vicinity. With construction almost completed for all of the residential uses planned for Area G, the Promenade area is the only portion of Area G that remains undeveloped. Pending Related Actions The Planning Commission held a public hearing on July 14, 2009 to consider an application (PA 08-006) regarding a Site Development Review (SDR) and Conditional Use Permit (CUP) application fora 3.72- acre site on the northeast corner of Dublin Boulevard and the proposed Grafton Street extension. The proposed project includes a Club Sport, Mercantile building and four level parking structure. This site corresponds to Village Center Development Site VC6. It also represents Phase I of development for The Promenade. At that hearing, the Planning Commission voted to approve the SDR, CUP, and accompanying Addendum to the Eastern Dublin EIR adopted in 1993 with the Eastern Dublin Specific Plan and the Mitigated Negative Declaration adopted in 2000 during the General Plan and Specific Plan amendments specific to the planning of Area G (PA 98-069).. All approvals subsequently were appealed by a private Page 2 of 6 third party and are pending subject to an appeal hearing by the City Council. The proposed and pending environmental actions are discussed below. The Planning Commission approvals currently pending on appeal to the City. Council include the Site Development Review (SDR), Conditional Use Permit (CUP), and the Addendum. The 23.46-acre area encompassed by the proposed Development Agreement is contiguous with Parcel 3 of Parcel Map 7148. This area is proposed to be further subdivided by Vesting Tentative Parcel,Map (VTPM) 9717 currently under administrative consideration. VTPM 9717 would group the six Village Center development sites and the Public/Semi-Public site into four parcels along with. dedications for public right-of--way. The site of the proposed Club Sport development on Village Center Development site VC 6 corresponds to Parcel 4 of the VTPM 9717. VTPM 9717 is subject to approval by the Community Development Director in accordance with the Municipal Code. A public hearing date has not yet been set for the VTPM. ANALYSIS: Development Agreement Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement between the Developer and the City. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to obtain certain commitments and establish certain development rights for the property.. The Development Agreement for the proposed project addresses the entire 23.46-acre Promenade/Village Center area which includes the 4 parcels comprising Vesting Tentative Parcel Map 9717. The development for Parcel 4 approved by the Planning Commission and pending appeal represents one part of the over all Development Plan. Subsequent proposals for development on Parcels 1, 2, and 3 of Vesting Tentative Parcel Map 9717 remain subject to the requirement for future Site Development Review (SDR) approvals. In any case, the Development Agreement must be approved prior to recordation of the Final Map and issuance of building permits for any development of the property. Development Agreements are approved by an ordinance of the City Council upon. recommendation by the Planning Commission. The proposed Development Agreement (Attachment 1 to Exhibit A of Attachment 2) was drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on the standard Development Agreements prepared by the City Attorney and adopted by the City Council for projects located within the Eastern Dublin Specific Plan area. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project. The Development Agreement becomes effective for a term of five (5) years from the date of approval by the City Council. The City also benefits from entering into the Development Agreement with the property owner in a number of ways. This document is a contract that Page 3 of 6 establishes obligations for meeting the goals of the Eastern Dublin Specific Plan and guarantees timing for construction of public infrastructure and facilities for the project area. Additionally, it ensures that dedications of property and easements are made, project phasing is followed, appropriate fees are paid for the development, and any additional terms of the agreement are carried out as development proceeds. The proposed Development Agreement also would be consistent with the previous development agreements associated with this property and approved for the Eastern Dublin Specific Plan area. In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, makes commitments for which the City might otherwise have no authority to compel the Developers to perform. Specifically, the Development Agreement augments the City's standard development regulations; defines the precise financial responsibilities of the developer; ensures timely provision of adequate public facilities for each project; and provides terms for the Developer to advance funds for specific facilities which have community or area-wide benefit or for reimbursement from future development, as appropriate. Since the Development Agreement runs with the land, the rights thereunder can be assigned. Specifically, Paragraph 17 of the Development Agreement would delegate authority to the City Manager for approval of such requests for transfer or assignment. The terms in the proposed Development Agreement are fairly standard with most of the specific terms described in Exhibit B of the Development Agreement. ENVIRONMENTAL REVIEW: The Promenade site is in the Eastern Dublin planning area for which the City certified an Environmental Impact Report to analyze the environmental impacts of potential future development in Eastern Dublin by Resolution 51-93, incorporated herein by reference (State Clearinghouse No. 91103064, "EDEIR"). The City Council adopted mitigation measures for the EDEIR impacts that could be reduced to less than significant and adopted a statement of overriding considerations for impacts that could not be reduced to less than significant (Resolution 53-93, incorporated herein by reference). In early 2000, the City approved applications from Dublin Ranch for Areas F, G, and H to reconfigure plans for land uses within those areas which, among other things: 1) moved the town center south to create a Village Center in Area G; 2) moved higher density housing from Area F to Area G; and 3) replaced the relocated uses in Area F with medium density housing. The revisions resulted in designating all of the Village Center (non-residential) uses among the three areas in Area G for a total of approximately 23 acres of retail, office, and other non-residential uses. The land use was designated Neighborhood Commercial with a portion reserved for Public/Semi-Public use. The approved PD- Planned Development zoning established the Village Center commercial development at a maximum of 230,000 square feet among the 6 Village Center development sites. The reconfiguration of Areas F, G, and H were approved by City Council Resolution No, 35-00 on March 7, 2000; the PD rezoning and related Development Plans were approved through Ordinance 6-00 on March 21,.2000. The resolution and ordinance are incorporated herein by reference. In connection with the approvals described above, the City prepared and circulated an Initial Study/Mitigated Negative Declaration ("MND") to examine the potential for site-specific impacts beyond those previously identified in the EDEIR. The City Council approved the MND by Resolution No. 34-00, dated February 15, 2000 (SCH # 99112041 and incorporated herein by reference). Based on the detailed Development Plans submitted for Area G and site-specific analysis in the MND, the City adopted additional mitigation measures related to light and glare, biological resources, cultural resources, hydrology and water quality, and traffic and circulation. These additional mitigation measures, as well as applicable mitigation measures from the EDEIR, continue to apply to future development on the current Project site. Page 4 of 6 When Phase I of the 23-acre Promenade/Village Center project was recently submitted for approval, a subsequent Initial Study was prepared. The project description in the Initial Study includes .approval of the Development Agreement. The uses and development allowed under the Development Agreement are analyzed in the Addendum. As stated above, this first phase (a 3.72-acre site located at the northeast corner of Dublin Boulevard and the proposed extension of Grafton Street) includes applications for a Site Development Review (SDR) for three structures and Conditional Use Permits (CUP) for a fitness center and minor amendment. to the Stage 2 Development Plan which redistributes the building area differently from the original approval. In addition, an application for Vesting Tentative Parcel Map 9717 has been submitted which subdivides the 23+ acre Promenade area into four parcels. The purpose of this subsequent Initial Study was to determine the potential for significant environmental impacts as a result of this first phase that substantially exceed or are different from those already addressed in the prior EDEIR and MND. The Initial Study concluded that the proposed Project would not have a significant effect on the environment that substantially exceeds or is different from those already addressed in the EDEIR and MND for Area G, and no significant information or changed. circumstances have become evident during the preparation of this Initial Study that would require further environmental review. Therefore, the City prepared a draft Addendum to the EDEIR and MND documenting this determination. This document was presented to the Planning Commission as part of the approval process for Phase I of the Promenade project presented for public hearing at the meeting July 14, 2009. Since, the Planning Commission actions have been appealed, the approval of the Addendum and other entitlements are not in effect until the appeal is heard and acted on. Therefore, the Planning Commission cannot rely on its prior approval of the Addendum as the environmental review for the Development Agreement. The Addendum must again be reviewed with consideration of the Development Agreement by the Planning Commission. Since the Planning Commission will be making a recommendation to the City Council on the Development Agreement, Planning Commission action on the Addendum also will be made as a recommendation to the City Council. The proposed Addendum and related Initial Study are attached as an exhibit to the proposed Planning Commission Resolution. As part of that process and pursuant to a 2002 court decision, the City Council also will make a determination as to whether the Project benefits outweigh the significant unavoidable impacts identified in the EDEIR that are applicable to the Project. PUBLIC NOTIFICATION: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was also published in the Tri-Valley Herald and posted at several locations throughout the City. CONCLUSION: The proposed Development Agreement will implement: 1) the Planned Development zoning for Village Center (PD-VC) and Public/Semi-Public (PD-P/SP) uses within Area G of Dublin Ranch: and 2) the approved Stage 2 Development Plan as amended. It also is consistent with the terms and conditions established in the preceding Development Agreements and master planning documents associated with this property and updates certain provisions, as needed, based on the most current project approvals. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; 5) Adopt Resolution recommending the City Council adopt a CEQA Addendum to the Eastern Dublin EIR and 2000 Area G Dublin Ranch Mitigated Negative Declaration; and 6) Adopt Resolution recommending the City Council adopt the Ordinance approving the Development Agreement between the City of Dublin and James Tong and Mei Fong Tong. Page 5 of 6 GENERAL INFORMATION: PROPERTY OWNER: APPLICANT: James Tong and Mei Fong Tong Charter Properties 4690 Chabot Drive, Suite 100 Pleasanton, CA 94588 James Tong c/o Charter Properties 4690 Chabot Drive, Suite 100 Pleasanton, CA 94588 LOCATION: East. and west sides of the proposed Grafton Street extension; north of Dublin Boulevard; south of Central Parkway; east of Chancery Lane, neighborhood park, and Residential Neighborhood H-1 (The Villas); and west of the multi-use trail and Residential Neighborhoods MH-2 (The Courtyards) and H2 (The Terraces) ASSESSORS PARCEL NUMBER: EXISTING ZONING: GENERAL PLAN DESIGNATION & EASTERN DUBLIN SPECIFIC PLAN: APN 985-0009-009-02 Parcel 3 of Parcel Map 7148 PD-Village Center and PD-Public/Semi-Public NC Neighborhood Commercial and PD-Public/Semi-Public Page 6 of 6