HomeMy WebLinkAboutPC Reso 11-03 The Promenade DA RESOLUTION NO. 11 - 03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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 7HE CITY OF DUBLIN
AND JAMES TONG AND MEI FONG TONG
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 Tract 9717; 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 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 Department and are incorporated
herein by reference; 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
WHEREAS, on July 14, 2009, the Planning Commission approved PA 08-006 by
Resolution 09-29 for Phase I of The Promenade, which included a Site Qevelopment Review
("SDR") and Conditional Use Permit ("CUP"} for a private fitnesslrecreation center and minor
amendment to the Stage 2 Development Plan to alfow 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 230,0~0 square feet over all of the 23.46-acre Promenade
area. The Planning Commission also approved and adopted the Addendum. The approva{ of
the SDR, CUP and Addendum was appealed to the City Council on July 24, 2009. The
appeal resulted in the prior approvals no longer being in effect until the City Council acted on
the appeal. The appeal was ultimately withdrawn and the previous approvals were valid.
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 and recommended approval of a Development
Agreement for The Promenade; and
WHEREAS, the Applicant subsequently requested to modify the terms of the
Development Agreement to vest the Site Development Review and Condition Use Permit
approval prior to the City Council consideration of the Development Agreement; and
WHEREAS, the text of the revised Draft Development Agreement is attached to this
Resolution as Attachment 1 to Exhibit A; and
WHEREAS, on January 24, 2011, 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 Public/Semi-Public and that the Applicant's
project is consistent with those designations; 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 City and Applicant 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.
Page 2 of 3
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 fT FURTHER RESOLVED THAT the Gity of Dublin Planning
Commission does hereby recommend that the City Council adopt the Ordinance, included as
Exhibit A, approving the Development Agreement between the City of Dublin and James Tong
and Mei Fong Tong for The Promenade.
PASSED, APPROVED AND ADOPTED this 24th day of January 2011.
AYES: Brown, Wehrenberg, Schaub, Bhuthimethee
NOES:
ABSENT: O'Keefe
~
ABSTAIN:
~ c~ , ) ~ ~ ~
C
Planning Commission Cha person
ATTEST:
Planning nager
G:1PA#120081PA 08-006 C/ub Sport PromenadelDevelopment AgreementlPC Mtg 1-24-111PC Reso DA 1.24.11.DOC
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ORDINANCE NO. XX - 11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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
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 Tract 9717; 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, 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 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 Community
Development Department and are incorporated herein by reference; and
G. 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
EXHIBIT A TO
ATTACHMENT 2
maximum of 230,000 square feet over all of the 23.46-acre Promenade area, The Planning
Commission also approved and adopted the Addendum.
H. The Applicant has applied for a Development Agreement for The Promenade
which will vest the Site Development Review and Conditional Use Permit.
1. On August 11, 2009 the Planning Commission held a public hearing and
recommended approval to the City Council of the Development Agreement for The Promenade.
However, the Applicant requested further revisions prior to consideration by the City Council.
J. The Planning Commission held a public hearing on the revised Development
Agreement on January 24, 2011 for which public notice was given by law.
K. The Planning Commission made its recommendation to the City Council for
approval of the Development Agreement by Resolution.
L. A public hearing on the proposed Development Agreement was held before the
City Council on 2011 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 and Public/Semi-Public, (b) the proposed project is consistent with the designated
land uses, (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 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.
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
2
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. The City finds that the environmental impacts of the Development Agreement
are addressed in the Addendum findings and analysis. The proposed Development
Agreement will not result in new or substantially more severe significant impacts than those
identified in the Eastern Dublin EIR and 2000 MND. There is no substantial evidence showing
new information of substantial importance or substantial changes in circumstances that would
result in new or substantially more severe impacts or meet any other standards in Public
Resources Code Section 21166 and related CEQA Guidelines Sections 15162 and 15163.
Therefore, no further environmental review is required under CEQA for the Development
Agreement. All previously adopted mitigation measures will apply to the proposed Project and
project site under the Development Agreement as applicable.
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.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of
, 2011 by the following votes:
AYES:
NOES:
3
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#120081PA 08-006 Club Sport PromenadelDevelopment AgreementlPC Mtg 1-24-11kCC DA Ord. DOC
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