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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 Page 3 of 3 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 4