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HomeMy WebLinkAboutOrd 28-05 EastDubBARTGarage ORDINANCE NO. 28 - 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******~****w*1c** AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS THE EAST DUBLIN BART PARKING STRUCTURE WITHIN A PORTION OF THE DUBLIN TRANSIT CENTER (por. of APN 986-0001-009 and por. of APN 986-0001-013-02) PA 03-062 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section I. RECITALS A. By Ordinance No. 21-02 the City Council rezoned the approximately 91-acre area known as the Dublin Transit Center ("the Transit Center") to a Planned Development Zoning District and adopted a Stage 1 Development Plan for the Transit Center. B. This Ordinance adopts a Stage 2 Development Plan for a portion of the Transit Center, designation for public/semi-public uses also known as the BART parking structure site. Section 2. FINDINGS AND DETERMINATIONS Pursuant to Section 8.32.070 ofthe Dublin Municipal Code, the City Council finds as follows; I. The Project, known as the East Dublin BART Parking Structure, Stage 2 Development Plan meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is tailored to the public/semi-public and anci11ary commercial land uses proposed on the Project site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design which is in close proximity to mass transit. 2. Development of the East Dublin BART Parking Structure under the Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the land uses and site plan establish a multi-level parking structure with ancillary commercial uses in compliance with the Master Development Agreement adopted by Ordinance 5-03 in May 2003. The land uses and site plan provide effective transitions to surrounding development which is characterized by the proposed vehicular and pedestrian circulation system. Pursuant to Section 8.l20.050.A and B of the Dublin Municipal Code, the City Council finds as follows; L The Stage 2 Development Plan for the East Dublin BART Parking Structure will be harmonious and compatible with existing and potential development in the surrounding area in that the land uses and site plan establish a multi-level parking structure with ancillary commercial uses in compliance with Master Development Agreement adopted by Ordinance 5-03 in May 2003. The land uses and site plan provide effective transitions to Ord No. 28..05, adopted 11/1/05, Item #6.1 Page lof5 surrounding development which is characterized by the proposed vehicular and pedestrian circulation system. 2. The Stage 2 Development Plan tor the East Dublin BART Parking Structure Planned Development rezoning has been designed to accommodate the topography of the Project site which typically is characterized as vacant, flat land suitable for the development of a multi~level parking structure with ancillary commercial uses and therefore physically suitable for the type and intensity of the proposed Planned Development Zoning District. 3. The Stage 2 Development Plan 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 wi11 implement all adopted mitigation measures. 4. The Stage 2 Development Plan is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and the Dublin Transit Center Stage 1 Development Plan (Ordinance No. 21-02) as it is in conformance with the land use designation of public/semi-public, which allows structured parking and ancillary commercial uses, and the various requirements of the Stage 1 Development Plan. Pursuant to the California Environmental Quality Act, the City Council finds as follows: 1. Pursuant to the California Environmental Quality Act, Staff has recommended that the Project be found exempt ITom additional CEQA review. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental ElR Section 3. Map ofthe PrODerty. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Stage 2 Development Plan applies to the following property (''the Property"): 2.69± acres (por. of APN 986-0001-013-02), Parcel A of Vesting Tentative Parcel Map 7892 and 2.30± acres (por. of APN 986-0001-009), Parcel A of Parcel Map 7395 within a portion of the Dublin Transit Center adjacent to the existing Dub1in/Pleasanton BART Station. Ord No. 28--05, adopted 11/1105, Item #6.1 Page 2 of5 A vicinity map showing the area for a Stage 2 Planned Development Rezoning is shown below: Por. of APN 986-0001-009 and Por. of APN 986-0001-013-02 Por. of APN 986-0001-009 and Por. of APN 986-0001-013-02 Section 4. APPROVAL The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the Property, which is hereby approved. Any amendments to the Stage 2 Development P;an shal1 be in accordance with Section 8.32.080 and/or Section 8.120 of the Dublin Municipal Code or its successors. Stage 2 Development Plan for East Dublin BART Parking Structure This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 2 Development Plan and is adopted as part of the PD, Planned Development rezoning for PA 03-062, East Dublin BART Parking Structure. The Stage 2 Development Plan consists of the items and plans identified below, many of which are contained in the document entitled "East Dublin BART Station Parking Structure ("Project Plans")", date stamped received October 11, 2005 which is incorDorated herein bv reference. The PD, Planned Development Zoning District and this Stage 2 Development Plan provide the flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. I. Statement of Compatibility with Stage 1 Development Plan. The East Dublin BART Parking Structure Stage 2 Development Plan is compatible with the Dublin Transit Center Stage 1 Development Plan in that the Project is a multi-level parking structure with ancillary commercial uses as planned for in the Stage I Development Plan and conforms with the development regulations established under the Stage I Development Plan for BART parking. 2. Statement of Proposed Uses. Permitted, Conditional, Accessory, and Temporary uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage I Planned Development Zoning Development Plan (PA 00-013) and are as fol1ows: Ord No. 28-05, adopted 11/1/05, Item #6.\ Page 3 of5 Permitted Uses: The Permitted use of the Project site is structured parking. All other Permitted and Ancillary Retail uses shall be as adopted by Ordinance 2 I -02, the Dublin Transit Center Stage 1 Development Plan (PA 00-013). Conditional Uses: Conditional uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage 1 Development Plan (PA 00-013). Temoorarv Uses: Temporary uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage I Planning Development Zoning Development Plan (PA 00-013). Accessorv Uses: Accessory uses shall be as adopted by Ordinance 21-02, the Dublin Transit Center Stage 1 Development Plan (PA 00-013). 3. Stage 2 Site Plan. See page 2 (Phase T) and page 18 (Phase II) of the Project Plans date stamped received October t t, 2005. 4. Site Area, Proposed Densities. Lot Area: ±2.30 acres (net) 986-0001-009 por. +2.69 acres net 986-0001-013-02 r. 70,312 Square feet Phase I 38,642 S uare feet Phase II Building Size: Maximum Non-Residential S uare Foota e: 7 500 S uare feet 986-0001-009 or. 5. Development Regulations. .,.,~ Lot Dimensions: Lot Width: :1:398 feet, north PL +595 feet south PL Lot Depth: ±220 feet, west edge +395 feet, east PL .. . Setbacks: none reouired . . Heil!:ht Limits: Parking Structure Phase T: 7 levels 69 feet Parking Structure Phase II: 6 levels 58 feet Elevator Tower 98 feet . . . Ord No. 28'{)5, adopted 1111/05, hem #6.1 Page 4 of5 Re uired Parkin : Phase I: Parking Structure Surface Parking Phase I Total 1,528 Spaces 178 Spaces 1,706 Spaces Phase II: Parking Structure 655 Spaces Surface Parking 67 Spaces Phase I & Phase II Total 2,219* S aces *Minor modifications to the number of structured and surface spaces on the BART garage site may be approved by the Community Development Director so long as 1,706 spaces are provided on the BART garage site at the completion of Phase I and 2,219 spaces are provided on the BART garage site at the completion of both Phases. 6. Architectural Standards. See pages 12-15 (phase I) and pages 23-25 (Phase IT) and page 27 of the Project Plans date stamped received October 11, 2005. 7. Preliminary Landscaping Plans. See page 5 of the Project Plans date stamped received October ll, 2005. 8. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically modified by the provisions of this PD, Planned Development Zoning District, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD, Planned Development Zoning District Development Plan. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days ITom 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 I" day of November 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart None Vm. Zika None ATTEST:~ð~t~~ ' City lerk Ord No. 28-D5, adopted t tll/05, Itcm #6.1 Page 5 of5