HomeMy WebLinkAbout8.1 Attmt 2 Exh A CC Ord DAORDINANCE NO. XX - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT FOR
PARCEL 3 OF TRACT 7148 KNOWN AS THE PROMENADE WITHIN AREA G
OF DUBLIN RANCH BETWEEN THE CITY OF DUBLIN
AND JAMES TONG AND MEI FONG TONG
PA 08-006
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. 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
B. The project is located within the Eastern Dublin Specific Plan area; and
C. Development Agreements are required as an implementing measure of the Eastern Dublin
Specific Plan; and
D. 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
E. 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 Department and are
incorporated herein by reference; and
F. 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 ClubSport 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
G. 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
EXHIBIT A TO
ATTACHMENT 2
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
H. 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 7.3.46-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.
I. On , 2009, the City Council heard the appeal of the SDR, CUP and Addendum. The
City Council the appeal of the SDR, CUP and Addendum.
J. A public hearing on the proposed Development Agreement was held before the Planning
Commission on August 11, 2009, for which public notice was given as provided by law.
K. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement by Resolution 09-XX, and recommended approval of the Addendum as the
environmental review for the Development Agreement by Resolution 09-XX.
L. A public hearing on the proposed Development Agreement was held before the City
Council on , 2009 for which public notice was given as provided by law.
M. The City Council has considered the recommendation of the Planning Commission,
including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments
received in writing, and all testimony received at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Eastern Dublin Specific
Plan, (e) the Eastern Dublin EIR, (f) the 2000 MND, (g) the Agenda Statement, (h) the Addendum and on
the basis of the specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin
General Plan Amendment, and in the Eastern Dublin Specific Plan in that: (a) the General Plan and
Specific Plan land use designation for the site is Neighborhood Commercial (Village Center) and
Public/Semi-Public, (b) the proposed project is consistent with the designated land use, (c) the project is
consistent with the fiscal policies of the General Plan and Specific Plan with respect to the provision of
infrastructure and public services, and (d) the Development Agreement includes provisions relating to
vesting of development rights, and similar provisions set forth in the Specific Plan.
2. The 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 Flan, Site Development Review, proposed Vesting Tentative Parcel
Map, and Conditional Use Permit (collectively, "Project Approvals"). Section 5 of the Development
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Agreement states that the right to develop and permitted uses under the Agreement are those set forth in the
Project Approvals..
3. The Development Agreement is in conformity with public convenience, general welfare,
and good land use policies in that the Developer's project will implement land use guidelines set forth in
the Eastern Dublin Specific Plan, the General Plan, and Planned Development zoning, which have
planned for PD Village Center/Neighborhood Commercial and Public/Semi-Public uses at this location,
and the Stage 1 and Stage 2 Development Plan.
4. The Development Agreement will not be detrimental to the health, safety, and general
welfare in that the Developer's project will proceed in accordance with all the programs and policies of
the General Plan, Eastern Dublin Specific Plan, Project Approvals and any Conditions of Approval for the
Project.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent with the General Plan, the
Eastern Dublin Specific Plan, and Project Approvals.
6. Pursuant to the California Environmental Quality Act (CEQA), the City prepared an
Addendum to the Eastern Dublin EIR and 2000 MND for the Project which analyzes adverse
environmental impacts of the proposed Project, including the Development Agreement. Prior to making a
decision on the Development Agreement, the City Council reviewed and considered the Addendum and
approved the Addendum and adopted a Statement of Overriding Considerations for significant and
unavoidable impacts of the Project that would remain even with the implementation of required mitigation
measures.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and
authorizes the City Manager to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
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PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of
2009 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G: IPA#120081PA OS-006 Club Sport PromenadelDevelopment AgreementlPC Mtg 8-11-091Cremin DraftPromenadeDAOrd.DOC
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