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HomeMy WebLinkAbout8.2 Public Hearing:08-006, Promenade Dev Agmt Gl~l Of DU~~G 82 STAFF REPORT PLANNING COMMISSION 04llFOR~~~ DATE: January 24, 2011 TO: Planning Commission SUBJECT: PUBLIC HEARING: PA 08-006, The Promenade Development Agreement between the City of Dublin and James Tong and Mei Fong Tong Report Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The Planning Commission will consider a Development Agreement for the 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. The Planning Commission previously recommended that the City Council adopt an Ordinance approving the Development Agreement for the Promenade. The Applicant subsequently has requested revisions to this Development Agreement to vest the Site Development Review (SDR) and Conditional Use Permit (CUP) approvals for the Club Sport, Mercantile building and garage for the life of the Development Agreement. 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; and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement for Tract 9717 known as The Promenade within Area G of Dublin Ranch between the City of Dublin and James Tong and Mei Fong Tong. ?Submitted By: Rev ed By Consulting Planner Planning Manager COPIES TO: Applicant File Page 1 of 6 ITEM NO.: go G:IPAM20081PA 08-006 Club Sport PromenadelDevelopment AgreementlPC Mtg 1-24-111PCSR DA 1.24.11.doc DESCRIPTION: The Promenade is the 23.46 acre area 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 (EDSP) 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 within The Promenade. These sites are centrally located along both sides of the proposed extension of Grafton Street (which bisects the area in a north-south direction) between Central Parkway and Dublin Boulevard (please see Map 1 below). The Stage 2 Development Plan allowed for a total of 230,000 square feet of local- serving commercial uses and public/semi-public uses to be developed within this area. 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 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. Map 1: Vicinity Map ~A COSA 14 aTy Rry I " J " MALML M DUBLW RXNM DME _ o i DUBLIN F I I I.OQIWtT SS&~i BM EVARD ~ z R~ 1_gSQ PROJECT SM a r 4•~C wyy++ i s PLEA SANTON 2of6 Background(Previous Approvals Area G (PA 98-069) covers approximately 86.9 acres of the EDSP area 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 Promenade (Village Center) or commercial area was envisioned to be centrally located on Parcel 3. Parcel 3 was subsequently re-subdivided by Parcel Map 9717 which created four numbered parcels for future development and two lettered lots for roadway dedications. The Planned Development Plan for Area G also included a 5-acre neighborhood park and a 2-acre neighborhood square (both of which are now built). 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 for a 3.72-acre site on the northeast corner of Dublin Boulevard and the proposed Grafton Street extension (Parcel 4, see Map 2). The proposed project included a Club Sport, a Mercantile building and a four level parking structure (Attachment 1, Project Plans). 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 to the City Council, but the appeal was withdrawn before the Council hearing. F Subsequently, a Development Agreement along with the Addendum was considered and recommended for City Council approval by the Planning Commission on August 11, 2009. Prior to adoption by the City Council, the ~ z Applicant requested to revisit the Development Agreement to vest the SDR and CUP approval for the 5 year period of the proposed Development Agreement. For that reason, the Development Agreement is being brought back to the Planning Commission for further consideration. Map 2: Proiect Site 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 3 of 6 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 proposed Development Agreement 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 represents one part of the overall Development Plan for The Promenade. 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 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 standard with most of the specific terms described in Exhibit B of the Development Agreement, however, in this instance the Site Development Review (SDR) and Conditional Use Permit (CUP) for the ClubSport, Mercantile building and parking garage to be constructed on Parcel 4 of Parcel Map 9717 are also being included with this Development Agreement as vested. 4of6 ENVIRONMENTAL REVIEW: The City prepared an Initial Study to determine if the Promenade Project, including the Development Agreement, 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") finding that the impacts of the proposed Project have been adequately addressed in the Eastern Dublin Environmental Impact Report certified by Resolution 51-93 ("Eastern Dublin EIR") and the Mitigated Negative Declaration for the development of Area G adopted by Resolution No. 34-00 on February 15, 2000 ("2000 MND"). Therefore, no further environmental review is required under CEQA. The Planning Commission approved the Addendum and adopted a Statement of Overriding Considerations by Resolution Number 09-28 on July 14, 2009. The Addendum and related Initial Study are available for review in the City Planning Department and are incorporated herein by reference. 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 as well an expanded area which includes surrounding developments. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. A copy of this Staff Report was also forwarded to the Applicant. ATTACHMENTS: 1. Project Plans dated July 14, 2009. 2. Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement for Tract 9717 known as The Promenade within Area G of Dublin Ranch between the City of Dublin and James Tong and Mei Fong Tong, with the Ordinance attached as Exhibit A and the Development Agreement attached as Attachment 1 to Exhibit A. 5 of 6 GENERAL INFORMATION: PROPERTY OWNER/APPLICANT: James Tong and Mei Fong Tong 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 ASSESSORS PARCEL NUMBER: APN 985-0009-009-02 Parcel 3 of Parcel Map 7148 EXISTING ZONING: PD-Village Center and PD-Public/Semi-Public GENERAL PLAN DESIGNATION & EASTERN DUBLIN SPECIFIC PLAN: Neighborhood Commercial and Public/Semi-Public 6of6