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Home My WebLink AboutOrd 08-06 Planned Dev Rezone 7000 Amador Plaza ORDINANCE NO.8 - 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *.. ** **** 111.** ***11:**111*.* ***11: *~* *1\** ****** w* APPROVING A PD - PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN FOR THE COMMERCIAL BUILDING LOCATED AT 7000 AMADOR PLAZA ROAD P A 05-035 WHEREAS, the Applicant, PFRS Dublin Corporation, has requested approval of a PD - Planned Development rezone with Stage 2 Development Plan (P A 05-035) to construct a 17,500 square foot commercial building and related site improvements including a plaza, landscaping and parking, located within the existing Dublin Place Shopping Center on an undeveloped site that is the location ofthe former Dublin General Cinemas and located at 7000 Amador Plaza Road (APN 941-0305-040); and WHEREAS, the Applicant has submitted a complete application which is available and on file in the Planning Division for a Planned Development Rezone and Stage 2 Development Plan (PD), and Site Development Review (SDR) for the construction of a single story 17,500 square foot retail building and related improvements (pA 05-035); and WHEREAS, the Applicant has submitted project plans in conjunction with the requested planning action dated received May 30, 2006, and a Stage 2 Development Plan; and WHEREAS, the project site is located within the Downtown Core Specific Plan area which has Planned Development zoning. The Ordinance (Ordinance 03-02) approving this Planned Development Zoning District requires a Planned Development rezone and Stage 2 Development Plan, and Site Development Review prior to new development within the plan area; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State CEQA Guidelines require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, on December 19, 2000, the Dublin City Council adopted the Downtown Core Specific Plan and companion Initial StudyINegative Declaration. The current project at 7000 Amador Plaza Road has been found to be consistent with the Initial StudyINegative Declaration prepared fOf the Downtown Core Specific Plan in December 2000; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said application on April 25, 2006, and referred hearing jurisdiction of the request to adopt an Ordinance to establish a Planned Development (PD) Rezone with Stage 2 Development Plan for the Commercial Project, P A 05-035, to the City Council, and WHEREAS, the City Council did hold public hearings on said application on May 16, 2006, June 6, 2006, and June 20, 2006, and WHEREAS, proper notices of said hearings were given in all respects as required by law; and Ord No. 8-06, Adopted 6/13/06, Item 4.2 Pap;e 1 of6 WHEREAS, a Staff Report was submitted to the Dublin City Council, dated May 162006, June 6, 2006, and June 20, 2006, recommending adoption of an Ordinance to approve the Planned Development District Rezoning for the Commercial Project PA 05-035, and WHEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, the City Council of the City of Dublin 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. The Planned Development Rezone and related Stage 2 Development Plan meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because they provide efficient use of the project site pursuant to General Plan and Downtown Core Specific Plan policies that include development with a pedestrian scale, including plazas and landscaping, and establish permitted, conditionally permitted and temporary uses and other standards which will ensure that the project will be compatible with commercial and public uses in the immediate vicinity 2. Development under the Planned Development zoning and Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the proposed uses and development standards are consistent with the adopted Stage 1 Development Plan. Compliance with the Stage I Development Plan ensures that the Developer's project will be harmonious and compatible with other existing and future development in the area. Through compliance with the adopted Stage 1 Development Plan, the Stage 2 Development Plan for the proposed commercial building will create a pedestrian oriented development with a pedestrian scale. B Pursuant to Sections 8 120050 of the Dublin Municipal Code, the City Council finds as follows. 1 Development under the Planned Development zoning and Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the proposed uses and development standards are consistent with the adopted Stage 1 Development Plan. Compliance with the Stage 1 Development Plan ensures that the Developer's project will be harmonious and compatible with other existing and future development in the area. Through compliance with the adopted Stage 1 Development Plan, the Stage 2 Development Plan for the proposed commercial building will create a pedestrian oriented development with a pedestrian scale. 2. The project site is physically suitable for type and intensity of this project in that it is intended to conform with City policies related to comprehensive planning in the Downtown Core Specific Plan area. The project is designed to minimally affect the existing topography and terrain of the site, has adequate access, and complements existing and proposed development in surrounding areas. 3 The proposed Planned Development Rezoning and 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 or welfare because the Stage 2 Development Plan has been designed in accordance with the City of Dublin General Plan, Downtown Core Specific Plan, and all applicable Ord No. 8.()6, Adopted 6/13106, Item 4.2 Pap;e 2 of6 development regulations. 4 The proposed Planned Development Rezoning and Stage 2 Development Plan tor the project are consistent with all elements and policies of the Dublin General Plan and the Downtown Core Specific Plan, as proposed. The Stage 2 Development Plan conforms to the elements and policies of those plans through the provision of a pedestrian scale with varied setbacks, roof heights, building massing, pedestrian plaza with fountain and landscaping, and roadways consistent with the Circulation Element, adequate public facilities, and safe design as required by the Seismic Safety and Safety Element. C Pursuant to the California Environmental Quality Act, the City Council adopted an Initial StudylNegative Declaration for the Downtown Core Specific Plan on December 19, 2000, incorporated herein by fefefence. SECTION 2. Pursuant to Chapter 8.32, Title 8 of the City ofOublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property (''the Property") to a Planned Development Zoning District: Approximately 040 acres, generally located west of Amador Plaza Road, north of the existing PetSmart Building, on the western portion of the parcel shared with the existing Home Expo (APN 941 ~0305-040). A location map of the rezoning area is shown below' -- (1'10' .~~ \\ \\:\ \U ~\ \ \ \ \ ~\~ \\,\~ \ , \.\'.....".., , \ \'r h \ \ \\ ~~ ~ \' \ ~: ~ - ,~\ n'l-t~, \ /, ". I ~'- --- 1 -, , , { \ I l' ..J i " J \ -" = ~-- -- ~ ...... (- ~,_...........-.....iPi""""""7"l r \.. SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the Project area which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Ord No. 8-06, Adopted 6/13/06, Item 4.2 Pajl;e 3 of6 STAGE 2 DEVELOPMENT PLAN This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the property located at 7000 Amador Plaza Road (APN 941-0305-040) and is adopted as a zoning amendment pursuant to section 8.32.030.B of the Dublin Zoning Ordinance. 1) Compatibility with Stage 1 Development Plan. The Stage 2 Development Plan is consistent with the site plan, uses, densities and other development standards and provisions of the Stage I Development Plan adopted by the City Council in Resolution 229-00, on December 19, 2000. 2) Statement OfPfoposed Uses Permitted uses: Retail uses, including, but not limited to a) General Merchandise Store b) Discount Retail Store c) Clothing/Fashion Store d) Shoe Store e) Home Furnishing Store f) Office Supply Store g) Home AppliancelElectronics Store h) Home ImprovementlHardware Store i) Music Store j) Hobby/Specialty Interest Store k) Gifts/Specialty Store I) Jewelry and Cosmetic Store m) Drug Store n) Auto Parts Store 0) Toy Store p) Book Store q) Pet Supplies Store r) Sporting Goods Store (without the sale of firearms) s) Grocery/food Store 1) Video Rentals u) Other similar and related uses as determined by the Community Development Director Service establishments, including, but not limited to Ord No. 8-06, Adopted 6/))/06, Item 4.2 Page 4 of6 a) Hair/Beauty Salon b) Cleaner and Dryer c) Shoe Repair d) Key Shop e) Tailor 1) Formal Wear/Rental g) Other similar and related uses as determined by the Community Development Director Eating and drinking establishments including, but not limited to a) Restaurant - no drive through b) Delicatessen c) Specialty Food (e.g. bagel shop) d) Bakery e) Cafes/Coffee House 1) Ice Cream Shop g) Sandwich Shop h) Other similar and related uses as determined by the Community Development Director Conditional Uses: a) Wine and Liquor bar with on-sale liquor license b) Micro-Brewery c) Video Arcade d) Sporting Goods Store (with sale of firearms) e) Recreational facility - indoor 1) Other similar and related uses as determined by the Community Development Director Tempofary Uses: a) Please refer to Zoning Ordinance Chapter 8 108 for a list of permitted temporary uses and permit procedures. 3) Stage 2 Site Plan. Please refer to Exhibit A. 4) Site Area and Pfoposed Densities. Please refer to Exhibit A. 5) Development Regulations. a) Parking: All uses for the site shall comply with Chapter 8.76 Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance. Ord No. 8.()6, Adopted 6/13/06, Item 4.2 Pap;e 5 of6 b) Signage: The project and all signs within the project shall be subject to the Dublin Town Center Master Sign ProgramlSite Development Review c) Outdoor restaurant seating associated with an approved restaurant use located in the northern most tenant space shall be subject to a Site Development Review Waiver to the satisfaction of the Community Development Director 6) Architectufal Standards. Please refer to Exhibit B. 7) Pfeliminary Landscaping Plan. Please refer to Exhibit A. SECTION 4. The use, development, improvement, and maintenance of the project area shall be governed by the provisions of the Dublin Zoning Ordinance except as provided in the Stage 2 Development Plan. SECTION 5. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. 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. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 20th day of June, 2006, by the following votes: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None A~T' ~ M:.h: ~ ity Clerk Ord No. 8-06, Adopted 6/13/06, Item 4.2 Pap;e 6 of6 :Jt -.---- .-., -.".-- .-- ----..... --. --.-... .-...-----..". -~._-,-, ,,---,. ,"---_. --. ..----.- ---. -.----. --.....,,'.'--- .u;~S"I""'IYICI "I/IlI1Il I ~ UP1 f iI J If I !~u . I I ~ 1 I i: Ii: rd!, ! H i roo- ! ; ~ i . ; ..! ',rY'1 I 'liii~ " -l I ! ., I ,o:.:::::-:-:='-j I I~ ! ~ ..,. '~ ~ """-< ~ g z := ifi <,---,. :; ,.c I> o :1 .,. 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