HomeMy WebLinkAbout8.1 Attmt 2 Reso DARESOLUTION NO. 09 -XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR
THE PROJECT KNOWN AS THE PROMENADE
(PARCEL 3 of TRACT 7148)
WITHIN AREA G OF DUBLIN RANCH
PA 08-006
WHEREAS, a request has been made by James Tong and Mei Fong Tong ("Applicant") to enter
into a Development Agreement with the City of Dublin for the property known as the Village Center or
The Promenade, a 23.46-acre area encompassed by Parcel 3 of Tract 7148; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area; and
WHEREAS, Development Agreements are required as an implementing measure of the Eastern
Dublin Specific Plan; and
WHEREAS, on March 21, 2000, the City Council adopted Ordinance 06-00 which included
Planned Development zoning and a Stage 1 and Stage 2 Planned Development Plan for Area G of
Dublin Ranch (PA 98-069) which zoned the project site as PD Village Center district (Neighborhood
Commercial), and PD Public/Semi-Public; and
WHEREAS, a Mitigated Negative Declaration for the development of Area G was adopted by
the City Council by Resolution No. 34-00 on February 15, 2000 (SCH # 99112041) (2000 MND"). The
2000 MND related to the program EIR for the Eastern Dublin Specific Plan certified by Resolution 51-
93, and Addenda dated May 4, 1993 and August 22, 1994, (hereafter "Eastern Dublin EIR") (SCH #91-
103064). The 2000 MND and Eastern Dublin EIR are available for review in the City Planning
Deparment and are incorporated herein by reference; and
WHEREAS, the Applicant has applied for a Development Agreement in conjunction with its
proposal to develop an 82,864 sq. ft. commercial center consisting of a C1ubSport fitness center, a
Mercantile Building containing retail and office uses and a three story, four level parking garage on a 3.72
acre parcel on the 23 acre Promenade property. The related applications include Site Development
Review for the principal proposed buildings and related improvements; a Conditional Use Permit for an
indoor fitness center and for minor modifications to the existing PD zoning to reallocate density within the
23 acre site; a Vesting Tentative Parcel Map to divide the 23 acre property into 4 parcels, Parcel 4 of
which is the 3.72 acres proposed for development. The above activities and applications are collectively
referred to as the "Project; and
WHEREAS, the City prepared an Initial Study to determine if the Project required additional
environmental review pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City
prepared an Addendum dated July 14, 2009 ("Addendum") describing the modifications and development
and finding that the impacts of the proposed Project have been adequately addressed in the Eastern Dublin
EIR and 2000 MND and no further environmental review is required. The Addendum and related Initial
Study are available for review in the City Planning Department and are incorporated herein by reference;
and
ATTACHMENT 2
WHEREAS, on July 14, 2009, the Planning Commission approved PA 08-006 by Resolution
09-29 for Phase I of The Promenade, which includes a Site Development Review ("SDR") and
Conditional Use Permit ("CUP") for a private fitness/recreation center and minor amendment to the
Stage 2 Development Plan to allow a maximum of 82,864 square feet of commercial space on Parcel 4
(of Vesting Tentative Parcel Map 9717), a site of approximately 3.72 acres, with a maximum of 230,000
square feet over all of the 23.46-acre Promenade area. The Planning Commission also approved and
adopted the Addendum. The approval of the SDR, CUP and Addendum was appealed to the City
Council on July 24, 2009. The appeal results in the prior approvals no longer being in effect until the
City Council acts on the appeal. The appeal is currently pending; and
WHEREAS, on August 11, 2009, the Planning Commission recommended the City Council adopt
an Addendum to the Eastern Dublin EIR, Mitigated Negative Declaration, and Statement of Overriding
Considerations by Resolution 09-XX with regard to the proposed Development Agreement; and
WHEREAS, the text of the Draft Development Agreement is attached to this Resolution as
Exhibit A to the proposed Ordinance; and
WHEREAS, on August 11, 2009, the Planning Commission did hold a public hearing on the
proposed Development Agreement; and
WHEREAS, proper notice of the 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 adopt an ordinance approving the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby recommend that the City Council make the following findings and determinations regarding
the proposed Development Agreement:
1. The proposed Development Agreement is consistent with the objectives, policies, general
land uses and programs specified in the General Plan and Eastern Dublin Specific Plan in that: a) the
General Plan and Eastern Dublin Specific Plan land use designation for the subject site is Neighborhood
Commercial and that the Applicant's 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; and c) the Agreement sets forth the rules the Applicant 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. The proposed Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is located including Planned
Development zoning, Stage 1 and Stage 2 Development Plan, Site Development Review, proposed
Vesting Tentative Parcel Map, and Conditional Use Permit (collectively, "Project Approvals"). Section 5
of the Development Agreement states that the right to develop and permitted uses under the Agreement
are those set forth in the Project Approvals.
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3. The proposed Development Agreement is in conformity with public convenience, general
welfare, and good land use practice in that the Applicant's project will implement land use guidelines set
forth in the Eastern Dublin Specific Plan/General Plan, and Stage 1 and Stage 2 Development Plan, as
proposed.
4. The proposed Development Agreement will not be detrimental to the health, safety, and
general welfare in that the development will proceed in accordance with the General Plan, Eastern Dublin
Specific Plan, Project Approvals, Development Agreement, and any Conditions of Approval for the
Project.
5. The proposed Development 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, Eastern Dublin Specific Plan, and Project Approvals.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning
Commission does hereby recommend that the City Council adopt the Ordinance approving the
Development Agreement between the City of Dublin and James Tong and Mei Fong Tong for the project
(PA 08-006).
PASSED, APPROVED AND ADOPTED this 11th day of August of 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G: IPA#120081PA 08-006 Club Sport PromenadelDevelopment AgreementlPC Mtg 8-11-091Cremin DraftPCDAResolution.DOC
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