HomeMy WebLinkAbout4.8 Prominade at Dub Rchti~~
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CITY CLERK
File # 0~~~~0~"~~
x-50 - 20
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 5, 2009
SUBJECT: Resolution Rescinding and Directing the Rescission of the Various
Approvals for the Parcel s of the Promenade at Dublin Ranch
Project
Report Prepared by John Bakker, City Attorney
ATTACHMENT: 1. Resolution
RECOMMENDATION: Adopt the Resolution rescinding the City Council's Approval for
and Requesting the Planning Commission and Community
Development Director Rescind Their Respective Approvals for the
Parcel s of the Promenade at Dublin Ranch Project and Directing
~~ Staff to Reschedule Future Public Hearings on the Project in the
Manner Required by Law
FINANCIAL STATEMENT: None.
DESCRIPTION: On January 20, 2009, the City Council affirmed on appeal Planning Commission
Resolution No. 08-04. This action was the last of three discretionary City actions approving the Parcel 5
of the Promenade at Dublin Ranch project ("the Project"). The first action was the Planning
Commission's December 9, 2008 approval of site development review and a conditional use permit. The
second action was the Community Development Director's January 9, 2009 approval of a vesting tentative
parcel map for the Project.
The applicant has requested that the approvals be rescinded. Staff will separately request that the
Planning Commission and the Community Development Director rescind their actions. Upon rescission,
the approvals will be ineffective, and the applicant will have to reapply for the relevant approvals, which
would be subject to the public hearings required under state law and the City's zoning and subdivision
ordinances.
RECOMMENDATION: Adopt the Resolution rescinding the City Council's Approval for and
Requesting the Planning Commission and Community Development Director Rescind Their Respective
COPY TO:
Page 1 of 2
ITEM NO. 1. O
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Approvals for the Parcel 5 of the Promenade at Dublin Ranch Project and Directing Staff to Reschedule
Future Public Hearings on the Project in the Manner Required by Law
Page 2 of 2
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RESOLUTION NO. -09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESCINDING ITS APPROVAL FOR AND REQUESTING THAT THE PLANNING
COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR RESCIND THEIR
RESPECTIVE APPROVALS FOR THE PARCEL 5 OF THE PROMENADE AT
DUBLIN RANCH PROJECT AND DIRECTING STAFF TO RESCHEDULE FUTURE
PUBLIC HEARINGS ON THE PROJECT IN THE MANNER REQUIRED BY LAW
WHEREAS, the Planning Commission following a public hearing on December 9, 2008,
by Resolution 08-40, approved a Conditional Use Permit and Site Development Review for
Parcel s of the Promenade at Dublin Ranch (the "Project"), and a portion of the Planning
Commission approval was appealed by a City resident; and
WHEREAS, on appeal, the City Council affirmed the Planning Commission approval on
January 20, 2009 following a noticed public hearing that same date; and
WHEREAS, the Community Development Director following a noticed public hearing
on January 8, 2009 approved, by adopting Community Development Director Resolution 09-01,
a vesting tentative parcel map creating four parcels within the Project area following a public
hearing that same date; and
WHEREAS, the Project applicant has requested that the approvals for the Project be
rescinded.
NOW, THEREFORE, the City Council of the City of Dublin does hereby RESOLVE
as follows:
1. That the City Council's January 20, 2009 motion affirming Planning Commission
Resolution 08-40 and adopting certain Findings of Fact is rescinded.
2. That the Planning Commission is requested to rescind Planning Commission
Resolution 08-04.
3. That the Community Development Director is requested to rescind Community
Development Direct Resolution 09-01.
PASSED, APPROVED AND ADOPTED this 5th day of May, 2009.
AYES:
NOES:
ABSENT:
4Y s-s.~y
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ABSTAIN:
Mayor
ATTEST:
City Clerk
1221864.3