ORDINANCE NO. 23-___
Ordinance Of The City Council Of The City Of Emeryville Approving An Amendment To The Preliminary Development Plan and Conditions Of Approval For The Promenade Center Retail/Mixed Use Project To Include “Commercial Recreation - Indoor Sports And Recreation” As A Permitted Use And To Remove Language Restricting The Hours Of Operation To 6:00 A.M. To 10:00 P.M. (CEQA Determination: No Additional Environmental Review Required; Mitigated Negative Declaration For The Promenade Center Retail/Mixed Use Project Adopted By City Council On April 6, 1999)
WHEREAS, on April 6, 1999, the City Council adopted a Mitigated Negative Declaration for the Emery Village Retail/Mixed Use Project; and
WHEREAS, on April 20, 1999, the City Council adopted Ordinance No. 99-003 to amend the Kaiser Preliminary Development Plan (“PDP”) and establish the “Emery Village Project”, now known as the Promenade Center Retail/Mixed Use Project Preliminary Development Plan (the “PUD/PDP”), and a Final Development Plan for the residential portion of the PUD/PDP; and
WHEREAS, on September 19, 2000, the City Council adopted Resolution No. 00-162 approving a Final Development Plan for the retail portion and an amended Final Development Plan for the residential portion of the PUD/PDP, including Conditions of Approval and a Mitigation Monitoring Program; and
WHEREAS, on August 16, 2023, Luke Capen of Evergreen Devco submitted an application to amend the PUD/PDP to allow Planet Fitness, a 24-hour fitness center, to occupy the vacant Longs Drugs/CVS Pharmacy building at 4345 San Pablo Avenue; and
WHEREAS, the proposed PUD/PDP amendment involves a change to Condition of Approval VII.A to confirm that “Commercial Recreation – Indoor Sports and Recreation” is a permitted use and to remove language restricting the operation of permitted uses to 6:00 a.m. to 10:00 p.m.; and
WHEREAS, the proposed amendment does not represent a change in use, rather, it specifies that a specific commercial use type that is no more intensive than the commercial use types already permitted is allowed in the PUD/PDP, and there have been no substantial changes in the proposed project, nor to the circumstances under which the project will be undertaken, and no new information of substantial importance exists which would require preparation of any subsequent environmental review pursuant to State CEQA Guidelines Section 15162; and
WHEREAS, the Emeryville Planning Commission held a duly and properly noticed public hearing on the proposed PUD/PDP amendment on October 26, 2023 to solicit public comments and review and consider the proposed amendment, and then voted to recommend that the City Council approve the proposed amendment; and DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. 23-___
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | November 21, 2023
WHEREAS, the City Council held a duly and properly noticed public hearing on the proposed PUD/PDP amendment on November 21, 2023; and
WHEREAS, the City Council has reviewed and considered the staff report and attachments thereto, the plans, all public comments, and the proposed amendment to the PUD/PDP, subject to the conditions and requirements set forth in Exhibit A attached to this Ordinance and the applicable standards of the Emeryville Planning Regulations (“the Record”);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT.
The purpose and intent of this Ordinance is to adopt an amendment to the approved Conditions of Approval for the Promenade Center Retail/Mixed Use Project Preliminary Development Plan (PUD/PDP) to include “Commercial Recreation – Indoor Sports and Recreation” as a permitted use and to remove language restricting the hours of operation to 6:00 a.m. to 10:00 p.m.
SECTION TWO. REQUIRED FINDINGS FOR ADOPTING AN ORDINANCE.
In approving the proposed amendment to the PUD/PDP, as required by Section 9-
7.1004(a) of the Planning Regulations, the City Council finds that the findings set forth in Resolution No. 00-162 are still applicable to the PDP/PUD as modified by the proposed amendment, and makes the following additional findings:
1. The proposed planned unit development conforms to the adopted General Plan of the City.
The proposed amendment would allow for “Commercial Recreation – Indoor Sports and Recreation” uses within retail portions of PUD/PDP. This is consistent with the General Plan Land Use designation of Mixed Use with Residential, which encourages a variety of residential and nonresidential uses. It is also consistent with other uses that are permitted by the PUD such as retail, financial and professional services and personal services, including the intensity and impacts of those uses. In addition, the proposed amendment would not alter the allowed building height, floor area, or density established by the approved PUD/PDP and its Conditions of Approval, in conformance with the General Plan.
2. The proposed planned unit development at its proposed location will provide for a cohesive, integrated, well-planned development which will contribute to the general well-being of the surrounding neighborhood and community.
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. 23-___
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | November 21, 2023
The proposed amendment will continue to provide a vibrant urban environment for pedestrians, residents, and the general citizenry. The amendment supports the intended mixed-use character of the PUD/PDP by adding “Indoor Sports and Recreation”, supporting a greater diversity of commercial use types onsite.
In addition, the removal of service hour restrictions will provide community members with greater convenience in accessing services onsite and will increase safety and visibility of the PUD/PDP site during off-peak hours of the day. In addition, patrons of the proposed Indoor Sports and Recration use are likely to support the other commercial establishments at the Promenade.
3. The project site is suitable for the uses permitted in the planned unit development in terms of access, size of parcel and relationship to similar or related uses.
The proposed amendment is suitable for the PUD/PDP site in terms of access, size of parcel, and the relationship to the other uses within the project site or project vicinity. The proposed use, “Commercial Recreation – Indoor Sports and Recreation” accommodates sports and health activities conducted within an enclosed building – consistent with the other commercial use types and site design approved by the PUD/PDP.
In addition, Planet Fitness intends to occupy an existing, 19,935-squarefoot building onsite. No changes to the approved site plan and building area are contemplated by the proposed amendment.
4. The location, size, design and operating characteristics of the proposed planned unit development will be substantially compatible with and will not be materially detrimental to neighborhood character, availability of civic facilities, capacity and physical character of surrounding streets, physical safety of the immediate area and the amount of light falling on adjacent buildings and open space.
The proposed amendment to the PUD/PDP will be compatible with neighborhood character, availability of civic facilities, surrounding streets, physical safety, and light falling on adjacent buildings and open space. The proposed “Commercial Recreation – Indoor Sports and Recreation” use is similar to other commercial use types already approved by the PUD/PDP and will occupy an existing building onsite.
While the amendment will remove restrictions on service hours for commercial use types enumerated in COA VII.A, the operating characteristics of the PUD/PDP will not be detrimental to neighborhood DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. 23-___
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | November 21, 2023
character. The PUD/PDP site is surrounded by similar commercial, service, and recreation uses, and any major modifications to the existing buildings or site plan will be subject to further review under a new Final Development Plan for conformance with the PUD/PDP. As noted above, the restriction on operating hours for commercial uses was put in place to mitigate noise impacts to the PUD’s residential component, which was never completed.
5. The project site will be graded and developed with due regard for aesthetic quality and landscaping so as to reduce, to the extent feasible, significant negative impacts on the environmental quality or value of improved or unimproved property in the area.
The proposed amendment will not have any impact on aesthetic quality or landscaping because it does not propose any changes to site, building, or landscape design and therefore does not involve aesthetic considerations.
Furthermore, any major modifications to the existing buildings or site plan will be subject to further review under a new Final Development Plan for conformance with the PUD/PDP.
6. The proposed planned unit development will be developed to allow originality which does not have significant adverse impacts on the environmental quality or value of improved or unimproved property or prevent appropriate development and use of such areas.
The proposed amendment to the PUD/PDP will continue to allow originality that does not have significant adverse impacts on the environmental quality or value of improved or unimproved property or prevent appropriate development and use of such areas.
7. The proposed planned unit development has been designed to include open space, parking areas; pedestrian walks, signs, illumination and landscaping (including irrigation) to enhance the environmental quality of the site.
The proposed amendment does not alter the PUD/PDP’s open space, parking, pedestrian walks, signs, illumination or landscaping. Any major modifications to the existing buildings or site plan will be subject to further review under a new Final Development Plan for conformance with the PUD/PDP.
SECTION THREE. ADOPTION OF AMENDMENT TO THE APPROVED
PRELIMINARY DEVELOPMENT PLAN.
Based on the findings set forth in this Ordinance, and the evidence in the record, the City Council hereby approves the amendment to the Promenade Center Retail/Mixed DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. 23-___
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | November 21, 2023
Use Project Preliminary Development Plan Condition of Approval Number VII.A to include “Commercial Recreation – Indoor Sports and Recreation” as a permitted use and to remove language restricting the hours of operation to 6:00 a.m. to 10:00 p.m., as set forth in the revised Conditions of Approvals, attached as Exhibit A and incorporated into this Ordinance by this reference.
SECTION FOUR. CEQA DETERMINATION.
The proposed amendment to the PUD/PDP does not require additional environmental review pursuant to Pub. Res. Code Section 21166 and its corresponding CEQA Guidelines Section 15162. The amendment does not represent a substantial change to the PUD/PDP and simply confirms that a certain type of commercial use is permitted where other commercial uses are currently permitted. There are no changes in circumstances or new information that require any changes to the Mitigated Negative Declaration (MND) for the Emery Village Retail/Mixed Use Project, which was adopted by the City Council on April 6, 1999 (Resolution No. 99-53). Nor is there any evidence that otherwise demonstrates that there will be new or additional environmental impacts.
The MND evaluated potential impacts of commercial uses for the PUD/PDP and the amendment does not result in any new uses. As detailed in the staff report, there are no substantial changes in the proposed project, or to the circumstances under which the project will be undertaken, and no new information of substantial importance exists which would require preparation of a subsequent EIR under State CEQA Guidelines Section 15162.
SECTION FIVE. SEVERABILITY.
The City Council hereby declares that every section, paragraph, clause and phrase of this Ordinance is severable. If, for any reason, any section, paragraph, clause or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.
SECTION SIX. CODIFICATION.
This Ordinance shall not be codified in the Emeryville Municipal Code.
SECTION SEVEN. EFFECTIVE DATE AND POSTING.
This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by California Government Code Section 33693.
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. 23-___
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | November 21, 2023
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 21, 2023, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 19, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Conditions of Approval
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4