Loading...
HomeMy WebLinkAbout5.1 Exhibit A to Attachment 1 Draft Ordinance ORDINANCE NO. xx – 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE KAISER COMMERCIAL PROJECT PLPA 2019-00003 (APN 985-0027-019) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Applicant, Jessie Dosanjh, submitted an application to construct a new 31,840 square foot Nissan dealership on the southern portion of the approximately 14.89-acre site. The applications include a Planned Development Zoning Stage 1 and 2 Development Plan and a Site Development Review Permit. The proposed development and applications are collectively known as the “Project”; and B. The Project site is approximately 14.89 acres located south of Dublin Boulevard between the Kaiser Medical Center and Grafton Station. Interstate 580 forms the southern boundary of the site. (Assessor Parcel Number 985-0027-019-00); and C. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project EIR which included the subject site identified as Phase 1B. Upon approval of the Kaiser Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 153-16, incorporated herein by reference); and C. On October 4, 2016, City Council approved the Planned Development Stage 1 Development Plan for the Kaiser Dublin Medical Center Project which included the subject site identified as Phase 1B (Ordinance 7-16); D. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required , or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and E. Following a properly noticed public hearing on March 26, 2019, the Planning Commission adopted Resolution 19-XX, recommending approval of the Planned Development Rezone and related Stage 1 and 2 Development Plan, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours ; and F. On ________, the City Council held a properly noticed public hearing on the project, including the proposed Planned Development Zoning Stage 1 Development Plan and the Stage 5.1.b Packet Pg. 18 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 1 2 Development Plan, at which time all interested parties had the opportunity to be heard; and G. Staff Report dated ________, and incorporated herein by reference, described and analyzed the Project, including the Planned Development Rezone and related Stage 1 and 2 Development Plan, for the City Council; and SECTION 2. FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Kaiser Commercial Project (“the Project”) PD-Planned Development zoning meets 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. 2. Development of the Kaiser Commercial Project under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new commercial in an area that has similar uses nearby and is also adjacent to existing and future workplaces and residential neighborhoods. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The PD-Planned Development zoning for Kaiser Commercial Project will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed Site Plan has considered a land use type and density that is compatible with the adjacent areas and densities. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed in that the project site is f lat with an improved public street on the north, a private street to the east and served by existing public utilities. The project site conditions were documented in the Environmental Impact Report (EIR) that has been prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. There are no site challenges that were identified in the EIR that will present an impediment to utilization of the site for the intended purposes. There are no major physical or topographic constraints and thus the site is physically suitable for the type and intensity of the commercial uses approved through the PD zoning. 3. The 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 and in conformance with the Dublin General Plan, in that the proposed commercial center is consistent with the Medical Campus/Commercial land use designation for the site. C. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project EIR which included the subject parcel identified as Phase 1B. Pursuant to CEQA Guidelines 5.1.b Packet Pg. 19 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 2 section 15168(c)(2), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exist. SECTION 3: ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District and supersedes and replaces the previously adopted zoning (Ordinance 7-16): 14.89 acres located south of Dublin Boulevard between Kaiser Medical Center and Grafton Station. Interstate 580 forms the southern boundary of the site. (Assessor Parcel Numbers 986-0033-004, 986-0027-019-00) (“the Property”). A map of the rezoning area is shown below: 5.1.b Packet Pg. 20 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 3 SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN The regulations for the use, development, improvement and maintenance of the project site are set forth in the following Stage 1 and 2 Development Plan, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with Chapter 8.32 of the Dublin Zoning Ordinance or its successors. Stage 1 & 2 Development Plan for Kaiser Commercial Project This is a Stage 1 and Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for the Stage 1 and Stage 2 Development Plan set forth in Chapter 8.32 of the Dublin Zoning Ordinance and is adopted as part of the Planned Development Zoning for the Kaiser Commercial Project (PLPA -2019- 00003). This Stage 1 and Stage 2 Development Plan supersedes and replaces the Stage 1 Development Plan adopted for this site by Ordinance 7-16. The Planned District and this Stage 1/Stage 2 Development Plan provides flexibility needed to encourage innovative development while ensuring the goals, policies and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32, Planned Development Zoning District of the Zoning Ordinance are satisfied. 1. Statement of Uses. Use types listed below are as defined in Dublin Municipal Code, unless otherwise noted. Permitted Uses: • Hotel/Motel • Eating and Drinking Establishments1 • Entertainment (including movie theater, performance venue, or similar) • Automotive/Vehicle Sales and Service (outdoor display/storage area limited to 20% of the subject parcel) • The following Retail uses: o Home Furnishings o Clothing/Fashion o Office Supplies o Home Appliance/Electronics o Hardware o Jewelry o Bookstore o Sporting Goods o Grocery2 o Other retail establishments determined by the Community Development Director to be similar (in terms of City revenue generation and use type) to the foregoing3 Conditionally Permitted Uses • Membership-based warehouse retail store4 • Professional and Administrative Offices • Research and Development Laboratory • Automotive/Vehicle Sales and Service (outdoor display/storage area more than 20% of the subject parcel) • Fitness/Health Club2 5.1.b Packet Pg. 21 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 4 Notes: 1. Up to a maximum of 20% of the total building square footage. Drive-through or traditional fast-food chain restaurants shall not be permitted. 2. Up to a maximum of 30% of the total building square footage 3. Tobacco Retail uses shall not be permitted. 4. CUP analysis will require a trip generation assessment/site plan review and potentially a supplemental analysis to determine if the use generates traffic more than what was assumed in the EIR 2. Stage 1/2 Site Plan. The following Stage 1 and Stage 2 Site Plan is conceptual . Final site design shall be determined by the Site Development Review Permit. 3. Site area, proposed densities and development regulations. The following development regulations apply to the entire site/parcels as a whole: Maximum Building Height 60 feet Minimum Lot Size None Maximum lot coverage None Maximum Floor Area Ratio .60 Maximum Building Area 250,000 SF1 Minimum Building Setbacks Dublin Boulevard 8’ 5.1.b Packet Pg. 22 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 5 Eastern Property Line 5’ Western Property Line 15’ Parking Per Chapter 8.76 Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance unless otherwise noted. Parking Setbacks Dublin Boulevard 5’ Eastern Property Line 5’ Western Property Line 5’ Signage Pursuant to an approved Master Sign Program Note: 1 The maximum building area is based on the Kaiser Dublin Medical Center Project EIR and the vehicle trip generation of potential future uses that could be constructed on the site which conservatively included 250,000 square feet of office for AM peak hour and 250,000 square feet of regional retail for PM peak hour. 4. Phasing Plan. The project site is not intended to be phased. The construction and occupation of the individual buildings may occur concurrently and would be separated into different building permit submittals. 5. Architectural Standards. The architectural style is modern with clean lines and enhanced bold geometry using high- quality materials and a strong color palette. The architectural design shall reflect the following standards: • Employ high quality materials to provide visual interest in the project and to complement its surroundings. • The overall character and feel of the area shall use a variety of cohesive styles, materials, colors and textures. • Use diversity of textures in the building finishes providing a varied and interesting base form for the buildings. • The simple form of the building is enhanced by the juxtaposition of protruding planes, material textures, and colors. • The design for the entries to parking lots should be articulated and detailed such that employees and visitors can easily identify pedestrian and vehicular access points • Provide functional amenities and spaces where hotel guests and visitors will gather and socialize, with landscaping, outdoor seating, enhanced paving treatment, and other features to provide an appropriate urban scale for the development. • Incorporate features such as different wall planes, heights, wall textures, roof elements, signs, light fixtures and landscaping to contribute layers of detail at the pedestrian level. 5.1.b Packet Pg. 23 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 6 Illustrative examples of architectural style: 6. Preliminary Landscape Plan. The landscape design of the project shall include the following: • Inviting streetscapes along Dublin Boulevard and at pedestrian entries to draw pedestrians into the site. Through multiple modes of circulation, plaza spaces and programmed indoor and outdoor space, social interaction thrives. Through the creative use of planting, hardscape, site furnishings and lighting, the commercial center of the project site helps to promote community awareness and vitality. • A dedicated pedestrian and bicycle pathway connecting the parcels to the east and west through the project site. 5.1.b Packet Pg. 24 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 7 • The open spaces within the site appeal to all users. Distinct and varied activities, seating options and shade, allow for a diverse user group as well as a unique and identifiable character. • Through the use of a varied planting palette, the public realm and the private site will feel linked but separate. The use of screening shrubs and accent fencing will provide a visual buffer while softening the edge. • Planting Design will create year-round interest with variegated cultivars and plant types with visual interest through all seasons. Plant palette will be drought tolerant and environmentally appropriate for the Dublin climate. Planting design will accommodate plants at their mature size for minimal pruning and shearing. Shrubs will be used to minimize the visual presence of loading, trash, utility and service areas. Evergreen trees and hedges will be utilized to provide screening between separate uses. Create a pedestrian corridor that connects the existing the Water Quality Basin trail to the west, through the site, and to Keegan St and the Kaiser Medical center to the east 7. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan and Eastern Dublin Specific Plan land use Medical Campus/Commercial, which permits a floor area ratio of 0.25 to 0.60 and accommodates a 5.1.b Packet Pg. 25 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 8 range of commercial uses including regional- and community-serving retail uses, professional and administrative offices, hotel, entertainment, limited automotive sales, and eating and drinking establishments. 8. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate non-residential projects, so therefore this is not applicable. 9. Aerial Photo. 10. Statement of compatibility with Stage 1 Development Plan. The Stage 2 portion of this Development Plan is consistent with the Stage 1 portion of this Development Plan. SECTION 5. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6. EFFECTIVE DATE 5.1.b Packet Pg. 26 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan) 9 This Ordinance shall take effect thirty (30) days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _____ day of _______, 2019, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 5.1.b Packet Pg. 27 Attachment: 2. Exhibit A to Attachment 1 - Draft Ordinance (Kaiser Commercial - Nissan)