HomeMy WebLinkAboutPC Reso 12-07 Tralee Rec PD REzone Stg 2 Devl PlanRESOLUTION NO. 12 - 07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT
PLAN AMENDMENT TO REVISE THE PUBLIC ART REQUIREMENT FOR
THE TRALEE MIXED-USE DEVELOPMENT PROJECT
PLPA 2011-00049
WHEREAS, the Applicant, Patrick Van Ness, Dublin Tralee II, LLC, submitted an
application for a Planned Development Rezoning Stage 2 Development Plan Amendment to
modify the Stage 2 Development Plan Public Art component. The Applicant proposes to
eliminate an onsite public art location and to pay in-lieu fees instead; and
WHEREAS, the Applicant a{so submitted an application for a Site Development Review
Permit to allow the construction of the remaining 53 townhomes on the project site; and
WHEREAS, the Project is located at 6599 Dublin Boulevard; and
WHEREAS, the Tralee property consists of approximately 10.61 acres generally located
north of Dublin Boulevard and west of Dougherty Road, APN#941-0205-009-08, in the Dublin
General Plan area; and
WHEREAS, in connection with the original 2004 Tralee project approval, an Initial Study
was prepared to analyze the potential impacts of the project pursuant to CEQA Guidelines
Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated
Monitoring Program were prepared for the project with the finding that with the implementation
of Mitigation Measures contained in the Initial Study; the potential impacts of the project would
be reduced to a level of insignificance. The City Council approved the Mitigated Negative
Declaration and adoption of the Mitigation Monitoring Program on July 20, 2004; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
project on March 13, 2012; and
WHEREAS, a Staff Report was submitted analyzing the project modification and
recommending approval of the applications.
NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution; and
BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that
the City Council adopt the attached Ordinance for a Stage 2 Development Plan Amendment
(Exhibit A) to revise the Public Art Component within the existing Tralee Site based on the
findings included in the attached Ordinance.
PASSED, APPROVED AND ADOPTED this 13th day of March, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
Wehrenberg, O'Keefe, Brown, Schaub, Bhuthimethee
ATTEST:
t~-
Planni g Hager
~-~ ~
Panning Commission Ch it
G:IPA#120111PLPA-2011-00049 Tralee Rezone (Public ArtJIPC Reso Rec CC adopt Ord.doc
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ORDINANCE NO. xx-12
AN ORDINANCE OF THE CITY OF DUBLIN
*************************
APPROVING A PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT
PLAN AMENDMENT TO REVISE THE PUBLIC ART REQUIREMENT
FOR THE TRALEE MIXED-USE DEVELOPMENT PROJECT
PLPA 2011-00049
The Dublin City Council does ordain as follows:
SECTION 1: Findings
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The Tralee PD-Planned Development zoning, as amended, continues to meet the
purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan
that creates a desirable. use of land that is sensitive to surrounding land uses by virtue of
the layout and design of the site plan, and uses creative design and a mix of
complementary uses to establish the project as a focal point for the area.
2. Development of the Tralee Project under the PD-Planned Development zoning, as
amended, will continue to be harmonious and compatible with existing and future
development in the surrounding area in that the retail/office and medium-high density use
of the site would utilize the close proximity of I-580 freeway and adjacent to public
roadways. The land uses and site plan provide effective transitions to the surrounding
development of retail/office and residential.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds
as follows.
1. The proposed PD-Planned Development zoning for the Tralee Project will continue to
be harmonious and compatible with existing and potential development in the
surrounding area in that the mixed-use would provide effective transitions to the
surrounding development including retail/office uses and multi-family residential uses.
2. The Site is relatively flat, with existing infrastructure (including roads, sewer, storm
drain, potable water, natural gas, and electricity) located immediately adjacent to the site
with no major or unusual physical or topographic constraints and thus is physically
suitable for the type and intensity of the proposed PD-Planned Development district.
The amended PD zoning will remove the public art location onsite but will not otherwise
affect the physical development of the project or site.
3. The proposed PD-Planned Development zoning will not adversely affect the health or
safety of persons residing or working in the vicinity, or be detrimental to the public health,
safety and welfare in that the project will comply with all applicable development
regulations and standards and will implement all adopted mitigation measures.
4. The PD-Planned Development zoning is consistent with the Dublin General Plan as
approved by Resolution 144-04 on July 20, 2004 and this amendment does not alter the
EXHIBIT A TO
ATTACHMENT 3
land uses in the General Plan or approved PD-Development Plan zoning approved
through Ordinance 22-04 on August 3, 2004 except for the placement of Public Art
reflected in the proposed PD-Planned Development district.
C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated
Negative Declaration (MND) for the Tralee Project and a mitigation monitoring plan in
Resolution 142-04 on July 20, 2004, as required to support approval of the project, including
approval of the PD-Planning Development zoning. The proposed PD-zoning amendment is not
a substantial change to the project analyzed in the adopted MND and no further environmental
review is required.
D. All existing elements contained in Ordinance 22-04, adopted by the City Council on August
3, 2004, hereby remain in place and are unchanged except that new paragraph 19 is hereby
added to Ordinance 22-04, Section 3, "Stage 1 and 2 Development Plan for Tralee" as set forth
below relative to Public Art.
"19. Public Art: The location of the Public Art as originally shown on the approved Stage 2
Development Plan is here by deleted and in-lieu of providing the Public Art the
Applicant/Developer shall pay the City of Dublin a cash payment of $35,000.
SECTION 4.
The City Clerk of the City of Dublin shall cause this 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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SECTION 5.
This ordinance shall take effect and be enforced thirty (30) days from and after its
passage.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ of 2012,
by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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